HomeMy WebLinkAboutExhibit 1 10-01-05 to 09-30-07AGREEMENT
BETWEEN
CITY OF MIAMI, MIAMI, FLORIDA
AND
FRATERNAL ORDER OF POLICE,
WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20
OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2007
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEMu3 ON --z
TABLE OF CONTENTS
ARTICLE PAGE
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 6
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 24
Article 11 Bulletin Boards 25
Article 12 Department Disciplinary Review Board 25
Article 13 Recall and Court Time 28
Article 14 Transfers 29
Article 15 Overtime/Compensatory Time 30
Article 16 4-10 Work Schedule 32
Article 17 Standby 33
Article 18 Wages 33
Article 19 Total Agreement 44
Article 20 Holidays 44
Article 21 Parity Clause 45
Article 22 Uniform/Clothing Allowance 46
Article 23 Prevailing Benefits 49
Article 24 Group Insurance 50
Article 25 Dues Check Off 53
Article 26 F.O.P. Time Pool 55
Article 27 Discrimination 57
Article 28 Bereavement Leave 58
Article 29 Commendation Paid Leave 59
Article 30 Family Medical Leave and Leave Without Pay 59
Article 31 Vacation 61
Article 32 Blood Donors 64
Article 33 Sick Leave 64
Article 34 Substance/Alcohol - Personnel Screening 68
Article 35 Heart Bill/Physicals 72
Article 36 Sworn Officers Killed in the Line of Duty 73
Article 37 Non Duty Court Appearance 73
Article 38 Residency 74
Article 39 Pension 74
Article 40 Bid Process/Seniority 80
Article 41 Vehicle Program 81
Article 42 Tuition Reimbursement 85
Article 43 Post Employment Health Plan 87
Article 44 Term of Agreement 87
Index 92
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AGREEMENT
THIS AGREEMENT is entered into this of , 2007 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:
1.1
Article 1
RECOGNITION
Pursuant to and in accordance with all applicable provisions of the Florida Public
Employees Collective Bargaining Law, Chapter 447, Florida Statutes, management recognizes
the 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
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specifically shown below in Section 1.4. Changes in the bargaining unit shall only be made upon
proper application to and adjudication by the appropriate state agency and/or the appropriate
court of competent jurisdiction; or as may be mutually agreed upon by the parties.
1.3 The 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
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writing of any changes in designation of the City's representative for the purposes of
negotiations.
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 lg. 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
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and/or days off shall be adjusted to accommodate the negotiation process. The other three (3)
shall be compensated by the Time Pool consistent with the provisions of Article 26. The seven
day notice requirement will not apply where the schedule of negotiating sessions prohibits its
application.
3.2 The parties agree that time spent in contract negotiations will be paid at the straight
time rate.
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
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goods or services are to be made or purchased; to establish, modify, combine or abolish job pay
positions; to change or eliminate existing methods of operation, equipment or facilities; and to
establish, implement and maintain an effective internal security program.
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 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.
4.5 The City shall enforce and comply with the provisions of the Agreement so as not to
violate existing law.
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.
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Article 5
NO STRIKE
5.1 "Strike" means the concerted failure to report for duty, the concerted absence of
bargaining unit members from their positions, the concerted stoppage of work, the concerted
submission of resignations, the concerted abstinence in whole or in part by any group of
employees from the full and faithful performance of their duties of employment with the City,
participation in a deliberate and concerted course of conduct which adversely affects the services
of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term
of or after the expiration of a collective bargaining agreement.
5.2 Neither the F.O.P., nor any of its officers, agents and members, nor any bargaining unit
members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone
any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or
any other interruption of the operations of the City.
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.
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5.4 Any or all bargaining unit members who violate any provisions of the law prohibiting
strikes or of this Article may be dismissed or otherwise disciplined by the City, and any such
action by the City shall not be grievable or arbitrable under the provisions of Article 6 -
Grievance Procedure.
Article 6
GRIEVANCE PROCEDURE
6.1 In a mutual effort to provide harmonious working relations between the parties of this
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
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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 2"a step grievance or
initiating action for redress in any other forum. Such choice of remedy will be made in writing
on the Election of Remedy form to be available at the Department of Employee Relations,
Division of Labor Relations. The Election of Remedy form will indicate whether the aggrieved
party or parties wish to utilize the Grievance Procedure contained in this 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
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shall be presented directly at Step 3 of the Grievance Procedure, within the time limits provided
for the submission of a grievance in Step 1, and signed by the aggrieved bargaining unit
members or the F.O.P. representative on their behalf. The Election of Remedy form as provided
in Section 6.4 of this Article must be completed and attached to grievances presented directly at
Step 3.
6.6 Only a bargaining unit member who has permanent Civil Service status as a sworn
Police Officer in the Miami Police Department may appeal a suspension, demotion, or dismissal
through the grievance procedure contained in this Agreement or in accordance with the appeal
procedure of the Civil Service Rules, but not both. Such grievances shall be filed at Step 3
within the time limits set forth for Step 1.
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.
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.
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Step 2.
Step 3.
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.
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 Department of Employee Relations designee shall hold a grievance hearing
with the bargaining unit member and/or the F.O.P. representative. The City Manager
and/or the Department of Employee Relations designee shall respond in writing to the
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Step 4.
bargaining unit member and the F.O.F. 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.
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.
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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 (1/2) 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.
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.
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7.2 If this Agreement or any provision, section, subsection, sentence, clause, phrase, or word
of this Agreement is in conflict with any law as finally determined by a court of competent
jurisdiction which had presented to it the issue of conflict as it may pertain to this Agreement,
that portion of the Agreement in conflict with said law or ordinance or resolution or court
interpretation of the law shall be null and void and subject to renegotiation. Notwithstanding the
provisions of this article, the parties agree that whenever a negotiated clause of the labor contract
is in conflict with the Civil Service Rules on the same subject, the provisions of the Labor
Contract will take precedence. The remainder of the Agreement shall remain in full force and
effect with it being presumed that the intent of the parties herein was to enter into the Agreement
without such invalid portion(s).
Article 8
DISCIPLINARY PROCEDURE
8.1 Whenever a bargaining unit member is under investigation and subject to interrogation
by the City of Miami Police Department for any reason that could lead to disciplinary action,
demotion, or dismissal, such interrogation shall be conducted under the following conditions:
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
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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.
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.
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G. The complete interrogation including when recesses are taken shall be recorded,
and there shall be no unrecorded questions or statements. Upon the request of the
bargaining unit member a copy of the recording of the interrogation session will
be made available to the interrogated officer no later than 72 hours, excluding
holidays and weekends following said interrogation. The bargaining unit member
must provide a blank tape for copying. Once the transcript of the interrogation
session is transcribed, the interrogated officer may request a written transcript of
his interrogation upon providing payment for same.
H. The bargaining unit member shall not be obligated to give a second statement
concerning the same facts elicited in an original interrogation. This will not
preclude an investigator from asking questions at a later time that were not
covered by the first statement. The bargaining unit member's interrogation will
take place after all other witness statements 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 witness
interviews.
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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.
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
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given the opportunity to suspend the statement to seek F.O.P. or other legal
representation.
8.2 Records retained by Intemal Affairs shall be destroyed after a period of five (5) years
beyond either the bargaining unit member's termination date, retirement date or unless otherwise
directed by state law.
Article 9
LINE OF DUTY INJURIES
9.1 The City agrees to pay all medical and hospitalization expenses (fee schedule) approved
by the City and incurred by a bargaining unit member covered by this Agreement who is found
to have sustained a compensable line -of -duty injury provided the bargaining unit member and/or
supervisor gives notice to Risk Management, or designated managed care provider as provided
for by the Workers' Compensation Laws of the State of Florida. However, the parties agree to
establish a Police Labor/Management Committee to establish policies and to determine how to
provide medical treatment and equipment, etc. medically equivalent to that prescribed, by the
most efficient and cost effective means to curtail excessive medical costs for accepted claims in
the following areas:
Health Club and Country Club memberships
Capital improvements on the home
Transportation
Medical equipment for home use
The Police Management Committee shall consist of one member appointed by the FOP
President, one member appointed by the Chief of Police, and one member selected by these two
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individuals. An individual appointed by the Director of Risk Management will serve as a
technical advisor and liaison with the medical community.
Any additional medical and hospitalization requested outside the provisions of Chapter
440, Florida Statutes, will be considered on a case — by — case basis at the sole discretion of the
City. The decision to provide additional benefits will be based on: 1) whether the treatment is
deemed reasonable and medically necessary by a peer review physician of the City's choosing;
2) whether there is unrefuted evidence that shows the same or equivalent treatment cannot be
provided by a health care provider at Florida's Medical and Surgical fee schedule within fifty
(50) miles of the claimant's residence.
9.2 Effective as soon as administratively feasible after ratification, the parties agree the City
will pay the state mandated workers' compensation indemnity payments to eligible bargaining
unit members as a check separate from any other salary to which a bargaining unit member may
be entitled. The bargaining unit member agrees to sign this workers' compensation check back to
the City. The City will also issue a second check to the bargaining unit member which will
consist of an amount equal to the workers' compensation payment and the supplementary salary
as set out, and subject to the limitations below. After those deductions with mandated preference
under federal law, the City agrees to take deductions and/or credits from this second paycheck in
the following order: workers' compensation (will be indicated on the check as a credit for the
City and will be non-taxable), pension, health insurance, and any other deductions. The parties
agree that this process is intended to provide the bargaining unit member with these paychecks
without interruptions.
Should the bargaining unit member refuse to return the workers' compensation check to
the City, the City shall cease making any deductions for the bargaining unit member from the
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second check for pension, health insurance, etc. and the bargaining unit member shall then be
completely responsible for making those payments on his/her own, until the bargaining unit
member elects to participate in the paycheck system described above in Section 9.1.
9.3 Workers' Compensation Indemnity Benefits
The City agrees that any bargaining unit member covered under this contract who is
disabled as a result of an accident, injury or illness incurred in the line of duty shall be granted
workers' compensation indemnity benefits, subject to the following conditions.
To the extent required by and subject to the limitations specified in Chapter 440 of the Florida
Statutes, the City shall provide workers' compensation indemnity benefits to injured employees.
If an injured employee fails to report the accident, injury or illness within the time required by
Florida law, the City and its servicing agent, and/or workers' compensation carrier shall not be
responsible for providing any indemnity benefits.
9.4 Supplemental Salary
The City agrees that any bargaining unit member covered under this contract who is
disabled as a result of an accident, injury or illness incurred in the line of duty shall be granted
supplementary salary, subject to the following conditions:
Supplementary salary will be paid in the form of a continuation of the bargaining unit
member's regular paycheck, as provided by Resolution No. 39802. This check will include
those indemnity payments provided for under Workers' Compensation Law. It is agreed by the
parties that the combination of supplemental and worker's compensation pay shall not exceed
nor be less than one hundred percent (100%) of the bargaining unit member's weekly net base
pay (excluding overtime and any pay supplements not included in the bargaining unit member's
base salary) prior to the line of duty injury, accident, or occupational disease.
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Supplementary salary shall only be granted for a period of one hundred and fifty (150)
consecutive days from the date of injury. Said supplementary salary may be extended up to an
additional sixty (60) consecutive days for serious injuries upon approval of the City Manager or
his/her designee. The one hundred fifty (150) days begin when the bargaining unit member is
actually placed on "D". While the bargaining unit member is on "D", such time will be
calculated consecutively including days off. If the bargaining unit member is removed from
"D", the non "D" time will not apply to the one hundred fifty (150) day period.
If a bargaining unit member remains temporarily disabled beyond the period of time in
which he/she is entitled to collect the 100% supplementary pay benefits, he/she shall be entitled
to supplementary pay equal to the 2/3 "D" payments pursuant to current practice.
9.5 If a bargaining unit member becomes Permanently and Totality Disabled (PTD), as
determined by a City approved attending physician, from the further performance of the duties of
his/her classified position then at the end of one hundred four (104) weeks of disability, he/she is
considered to have reached statutory maximum medical improvement and is required to petition
the retirement board for retirement, otherwise he/she must:
• Request for a ninety (90) day unpaid leave of absence under the Family Medical
Leave Act (FMLA);
• Apply for another City position;
• Resign;
• Be dismissed by Department Action
The supplementary salary of the difference of 2/3 "D" as described above shall continue
until the F.I.P.O. board concludes the hearing with a final determination.
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A granted FMLA request will postpone any further action for the period taken up to its
statutory limitation. If the bargaining unit member has petitioned the retirement board for
retirement, the bargaining unit member will remain on their current status until the retirement
board has finally granted or denied the retirement.
If during the time of up to one hundred four (104) weeks of disability, it is determined
by the City or the bargaining unit member's City approved attending physician that the member
is not PTD nor full duty with reasonable accommodations, the bargaining unit member may
request to be allowed to work on a temporary basis. The request shall be made in writing and
directed to the City Manager or designee. Granting this request is based upon the medical
restrictions placed by his/her City approved attending physician and available assignments.
The Department at its discretion may maintain up to a total of ten (10) temporary non-
binding assignments for the sole purpose of mitigating an undue hardship on bargaining unit
member injured in the line of duty. These temporary positions will be filled by members,
according to sworn classification, on a first -in first -out basis upon completion of FIPO's Final
Determination Hearing. Once the 10 positions are filled, the next bargaining unit member to be
classified in this status in the respective category will bump out the bargaining unit member who
has been occupying the position the longest. A bargaining unit member who is "bumped" out
must:
• Request for a ninety (90) day unpaid leave of absence under the FMLA;
• Apply for another City position;
• Resign;
• Be dismissed by Departmental action
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A granted FMLA request will postpone any further action for the period taken up to its
statutory limitation.
Any bargaining unit member placed on "Limited Duty" status prior to January 1, 2007
and presently working in assignment shall be allowed to remain working in a limited duty
capacity until the bargaining unit member's employment terminates or the bargaining unit
member retires. However, if at any time the bargaining unit member returns to a disabled status,
he/she will not be permitted to return to a limited duty status. He/she may only be allowed to
return to work if full duty.
Upon assuming a disabled status, the bargaining unit member may continue receiving
benefits as stated in the above paragraph until the time limitations and or permitted benefits have
been exhausted. Afterwards, the member must:
• Request for a ninety (90) day unpaid leave of absence under the FMLA;
• Apply for another City position;
• Resign;
• Be dismissed by Departmental action
A granted FMLA request will postpone any further action for the period taken up to its
statutory limitation.
Bargaining unit members that have been grandfathered are not considered part of the ten
(10) temporary positions described above.
9.6 At any time during his/her absence from duty claimed to be the result of a line of duty
injury while an bargaining unit member is collecting City supplementary pay, the bargaining unit
member shall be required, upon the request of the City Manager, or his/her designee, to submit to
a physical examination by a physician designated by the City Manager within fifteen days of the
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request. If such bargaining unit member, without cause, as determined by the City Manager,
shall fail to submit to the examination at the time specified, all City supplementary salary
benefits will be terminated.
9.7 Deductions on Workers' Compensation Payments Plus Supplementary Salary
In the event the line of duty injury entitles the bargaining unit member to a workers'
compensation benefit and a supplementary benefit, the bargaining unit member shall authorize
the City to combine the two (2) payments and additionally authorize that the City continue to
make regular payroll deductions as follows:
1. First Level: Federal and State mandated deductions (for example, Medicare,
social security, withholding, and child support or garnishments).
2. Second Level: Pension contributions (the amount of the pension contribution
shall be based on earnable compensation as defined by Miami Code Section 40-191), medical
and life insurance contributions.
3. Third Level: A weekly amount of eighty eight dollars and ninety five cents
($88.95) (one hundred and seventy seven dollars and ninety cents ($177.90) bi-weekly) deducted
from supplementary salary while on workers' compensation. Should the bargaining unit member
receive supplementary and workers' compensation pay for less that 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 workers' compensation.
4. All others voluntary deductions: The City is not obligated to make deductions to
pay for providers or creditors if the workers' compensation benefits plus the supplementary
salary does not cover the amount of the deduction. Any and all deductions after Level #1 will be
made on the bargaining unit member's behalf to the extent that sufficient funds are available. If
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there are not sufficient funds available, the bargaining unit member will be responsible for
making those payments directly to those providers and creditors who would have otherwise been
paid through the payroll deduction process.
5. Without written consent for those deductions outlined above, the City will not
make any regular salary deductions other than those mandated by law and the bargaining unit
member will be responsible for all regular deductions including but not limited to pension
contributions, medical and life insurance benefits.
No supplementary salary will be paid to anyone injured while performing an act
intended to injure or hurt one's self or another.
9.8 The parties agree that where a bargaining unit member resides outside the jurisdictional
limits of the City of Miami and the said bargaining unit member is injured going to or coming
from work within a reasonable period of time from the commencement or termination of his/her
tour of duty on a reasonably direct route of travel, said accident may be considered as occurring
in the line of duty. This provision is not applicable if the bargaining unit member is charged
with reckless driving and/or driving under the influence in violation of the provisions of Chapter
316 of the Florida Statutes entitled "State Uniform Traffic Control."
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
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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
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
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
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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 unit
members, prior to the final determination of a monetary fine, forfeiture of time and/or suspension
in excess of two (2) tours of duty, demotion or dismissal shall, upon written request of the
accused, if submitted within ten (10) working days, be afforded a review of the recommended
action by a board composed of five (5) members of the Department, two (2) members selected
by the Department Head and three (3) members selected by the 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
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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
• 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.
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Article 13
RECALL AND COURT TIME
13.1 If a bargaining unit member is recalled to work he/she shall be paid from the time of
notification in accordance with Article 15, Overtime/Compensatory Time.
13.2 If a bargaining unit member is required to attend court or other proceeding arising out
of the course of his/her official duties at a time other than his scheduled work shift, he shall be
paid a minimum of three (3) hours at one and one-half times his/her straight time hourly rate or
an equivalent amount of scheduled compensatory time off.
13.3 A bargaining unit member performing work or required to attend court or any other
proceeding arising out of the course of his/her official duties at a time which is continuous with
his scheduled work shift shall be paid at his/her overtime rate consistent with Article 15,
Overtime/Compensatory Time, and the minimum three (3) hours Recall shall not apply.
13.4 A bargaining unit member eligible for overtime, attending court or other proceedings
arising out of the course of their official duties one (1) hour or less before the start of their
scheduled tour of duty shall receive one (1) hour of overtime.
13.5 A bargaining unit member eligible for overtime for attending court or other proceedings
arising out of the course of their official duties one (1) hour or less after the end of their
scheduled tour of duty shall be paid at their overtime rate, consistent with Article 15 -
Overtime/Compensatory Time for the time period starting from the end of the bargaining unit
member's work shift to the end of court or any other proceeding arising out of the course of
his/her official duties proceeding or for one (1) hour, whichever is greater.
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13.6 A bargaining unit member who is required to attend court or any other official
proceeding arising out of the course of his/her official duties for a period which is greater than
,one (1) hour and less than or equal to three (3) hours and one minute after the scheduled end of
his/her tour of duty, shall be paid at his overtime rate pursuant to Article 15,
Overtime/Compensatory Time, for either the three (3) hour minimum or for the number of hours
elapsed from the scheduled end of his/her tour of duty to the end of the court proceedings,
whichever is greater.
13.7 Bargaining unit members who are on authorized disability or sick leave, and are
obligated to have a physical prior to reporting for work, shall not receive call -in or overtime pay.
Article 14
TRANSFERS
14.1 It shall be the sole right of the Chief of Police to transfer bargaining unit members,
provided however, transfers cannot be made for punitive reasons. Bargaining unit members shall
be notified six (6) calendar days prior to transfer, except when, the nature of a particular situation
requires an immediate but temporary reassignment, or an employee returns to work on a
limited/light duty status and the bargaining unit member's physical limitations preclude the
bargaining unit member from being assigned to his/her previous assignment.
14.2 A transfer means a change work assignment for more than five (5) consecutive working
days a change in hours, or a change in days off. Specifically excluded from the six (6) day
notification requirement are temporary changes of hours or days off necessitated by special
events (except for the special events of Calle Ocho, Three King's Parade, Martin Luther King's
Parade or any draft event held on New Year's Eve), civil disturbances, acts of God, and other
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emergency situations as determined by the Chief of Police. The six (6) days' notice shall be
waived upon consent of the bargaining unit member.
Article 15
OVERTIME/COMPENSATORY TIME
15.1 Bargaining unit members shall be paid one and one half (1 Y2) 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 Y2) at their straight time hourly rate of pay or shall be
given compensatory time at the rate of time and one-half (1Y2) 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
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
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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.
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.
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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 I Planning and Research J 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 from
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
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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 the first full pay period following the dates indicated below, bargaining unit
members will receive a retroactive across-the-board wage increase as follows:
October 1, 2005 8%
October 1, 2006 6%
18.2 Any bargaining unit member hired on or after the effective date of this agreement, and
any existing bargaining unit member hired prior thereto who did not already receive the FDLE
certification bonus, shall receive a one time FDLE certification bonus of one thousand six
hundred forty eight dollars ($1,648) upon completion of probation, regardless when his/her
probation is completed. The FDLE certification bonus shall not be included in pension
calculations of average earnings.
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18.3 All new hires in the classification of Police Recruit shall be paid five percent (5%) per
month less than Step 1 of the salary range of the classification of Police Officer until the recruit
graduates from the police academy and passes the state certification exam at which time such
bargaining unit member shall be paid at Step 1 of the salary range. Thereafter, bargaining unit
members shall be eligible for step increases 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 prior law enforcement experience, not including corrections, or sworn bargaining unit
members hired from other police agencies as sworn City of Miami Police Officers, who are not
required to attend the academy, shall be placed at the following pay steps commensurate with
their years of prior law enforcement 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
Such bargaining unit members shall 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 further complete 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.
18.4 Upon retirement (all kinds, including vesting), bargaining unit members shall receive a
retroactive salary increase of five percent (5%) for the bargaining unit member's last or highest
one (1) year's salary.
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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 City of Miami police bargaining unit
member as specified in 18.6, who transfers or is hired as a police officer into the City of Miami
Police Department as a uniformed bargaining unit member shall be placed at a step in
accordance with, and serve a probationary period as specified in, Section 18.3.
18.6 Former police bargaining unit members who left the employment of the City of Miami
Police Department under honorable conditions and approved by the Chief of Police, 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 Chief of Police 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 City of Miami police
officer who is reemployed, as a City of Miami police officer will 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 further complete six (6) months in full -duty status with
satisfactory performance. The period of probationary service shall not be less
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than twelve (12) months nor more than eighteen (18) months, unless extended by
the department
18.7 Bargaining unit members while active 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, excluding front desk officers.
1. Qualifications
a) Senior Uniform Patrol Officer
(a) Not less than fifteen (15) consecutive years of service as a
sworn police officer in the department.
(b) Currently assigned, and no less than previous two (2)
consecutive years assigned to uniform NET.
(c) No evaluations below satisfactory.
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(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 at rank of Sergeant and no less than two (2)
previous years as a Sergeant.
(c) Currently assigned, and no less than previous two (2)
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 when:
a) Transferred 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) The "Senior Uniform Patrol Officer" and "Senior Uniform Patrol
Sergeant" pay 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 Uniform
Patrol Officer" or "Senior Uniform Patrol Sergeant" pays. The
committee shall establish its own rules and procedures.
G. Effective the first full pay period following October 1, 2006, Police Officers
(Investigators) and Sergeants (Investigators) assigned to the Office of the Chief,
Investigation Division, Internal Affairs Division, Recruitment and Selection Unit,
and Traffic Homicide who predominantly perform the duties of investigating
cases as determined by the Chief of Police will receive a pay supplement on their
base rate of pay. The five (5%) pay supplement will only be paid to bargaining
unit members assigned to non -administrative positions and either investigate or
supervise the investigation of cases.
1. Qualifications
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(a) Not less than fifteen (15) consecutive years of service as a sworn police
officer or sergeant in the department.
(b) Currently assigned, and no less than previous two (2) consecutive years
assigned as a Police Officer (Investigator) or Sergeant (Investigator).
(c) No evaluation below satisfactory.
(d) 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
Police Officer (Investigator) or Sergeant (Investigator) pay shall forfeit
such pay when:
(a) Transferred out of the position of Police Officer (Investigator) or
Sergeant (Investigator),
(b) Promoted,
(c) Relieved of duty or administratively reassigned (temporary loss during
period).
3. Application for Police Officer (Investigator) or Sergeant (Investigator) pay,
shall be the responsibility of the bargaining unit member and shall be made
via a red -line memorandum submitted through channels to the chairperson
of the "Senior Uniform Patrol Officer" committee.
4. Police Officer (Investigator) and Sergeant (Investigator) pay committee.
a) The Police Officer (Investigator) and Sergeant (Investigator) pay
committee shall be comprised of one F.O.P. representative, one
Department representative assigned to the Investigations Division,
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 Police Officer
(Investigator) and Sergeant (Investigator) pays. The committee
shall establish its own rules and procedures.
H. Certified Underwater Recovery Specialist Diver assigned to the Marine Patrol
Unit
18.8 Bargaining unit members active in the below listed assignments shall receive a pay
supplement as indicated:
A. Certified Instructors (CJIS) assigned to MPD Training Unit - two percent (2%).
B. Crisis Intervention Teams (limited to 70 positions) - two and one half percent
(2.5%)
18.9 Bargaining unit members assigned to motorcycle positions shall have their salary range
rates adjusted such that the salary range rate is fifty ($50) dollars higher per month than the base
salary rate of the 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 ($76.92) biweekly. Crime Prevention pay
shall be subject to pension deductions and applicable federal taxes and shall be included in
calculating a bargaining unit member's average earnings for pension purposes.
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All hours of leave of absence without pay shall be deducted from the Crime Prevention
payment on the basis of ninety six cents ($.96) per hour.
18.11 Any bargaining unit member, upon normal retirement from City service, or separating
under honorable conditions, who served for a period of twenty-five (25) years or more, shall be
granted, at the time of his/her normal retirement or honorable separation one hundred seventy-
three and three tenths (173.3) hours of pay, provided such pay shall not be included in
calculating a bargaining unit member's earnings for pension purposes.
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
and the bargaining unit member continues receiving the pay supplement, said pay supplement
shall be recovered by the City through biweekly pay deductions from the bargaining unit
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, or at the City's option collected in any other legal
manner.
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
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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.
Shift differential shall not apply to pay for time not worked.
Shift differential shall not be used in calculating a bargaining unit member's average
earnings for pension purposes.
18.14 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, 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 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
their most recent date of hire as classified City of Miami employee(s); provided, however,
bargaining unit members shall not receive longevity increases within twelve (12) months of
receipt of a previous longevity increase or while in probationary status. City service time as a
part-time or temporary employee, including, but not limited to, Public Service Aide shall not be
included for purposes of determining eligibility for fifteen (15), sixteen (16), twenty (20), twenty
one (21) and twenty two (22) year longevity increases.
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18.16 All changes in salary for reasons of promotion, demotion, merit step and/or longevity
increase, etc., shall begin to accrue the effective date of the change, but actual payment for the
same shall not be made until the first full pay period following the effective date of change.
18.17 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 equal to said leave.
18.18 Commencing on the first pay period following the ratification of this agreement by the
parties, bargaining unit members who successfully obtain a college or university degree from an
accredited university in the United States, with a field of study related to their job duties, will
receive the following annual bonus (prorated and paid on a bi-weekly basis) upon successful
completion of probation, regardless when his/her probation is completed:
a. Associate in Arts Degree- $1,200
b. Bachelorate Degree- $2,200
c. Masters Degree- $3,200
d. Juris Doctor, Ph.D, or Ed.D.- $4,200
It is the responsibility of the bargaining unit member to request for the degree bonus by
submitting a red line memorandum to the Director of Employee Relations, through channels,
accompanied by a certified true original of the college or university transcripts. The degree
bonus shall not be included in pension calculations of earnings.
18.19 Any pay supplement, additive or extra pay that is paid because of a bargaining unit
member possessing a particular certification, appointment, assignment, etc., shall cease to be
paid effective the date the employee no longer possess the certification, appointment,
assignment, etc.
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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
President's Birthday Veterans' Day
Memorial Day Thanksgiving Day
Independence Day Day after Thanksgiving
Labor Day Christmas Day
Dr. Martin Luther King's Birthday
20.2 Any additional holidays declared by official directive of the City Manager shall be
added to the above list.
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20.3 Bargaining unit members performing work on any of the above holidays shall be paid
time and one-half (11/2) 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.
Article 21
PARITY CLAUSE
21.1 In the event that the International Association of Firefighters, Local 587, (I.A.F.F.)
should receive a higher wage and/or benefits, the F.O.P. would automatically be entitled to those
same additional benefits. It is further agreed and understood that parity does not include other
terms conditions of employment.
21.2 In the event that I.A.F.F.'s Parity Article, presently 19 of the Collective Bargaining
Agreement between the City of Miami and I.A.F.F., is removed, rendered null and void and/or
unenforceable, this article will automatically become null and void at the time of such
occurrence(s) and it shall no longer be binding on the City of Miami. (emphasis added)
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Article 22
UNIFORM/CLOTHING ALLOWANCE/CELLULAR PHONE ALLOWANCE
22.1 Upon ratification of the labor agreement by both parties commencing the first year of
service, bargaining unit members shall receive a uniform allotment of four (4) uniform
trousers/skirts, six (6) uniform shirts, and one (1) uniform hat for their first three (3) years, and
one allotment of shoes, leather, and web gear for the first year. Thereafter, every other year, they
shall receive a choice of four (4) uniform trousers/skirts, six (6) uniform shirts, and one (1)
uniform hat, or two (2) uniform trousers/skirts, two (2) uniform shirts, and one hundred and
fifteen dollars ($115) of leather and accessories. In the selection of leather accessories and/or
uniforms, the bargaining unit member will not be entitled to a credit or refund should such
selection not equal the dollar amount specified above.
22.2 All bargaining unit members, depending on assignment or exhibited need as determined
by the Chief of Police or designee, shall be furnished one (1) set of Class C uniforms, one (1) set
of rainwear, one (1) helmet, and one (1) winter jacket, which shall be replaced as needed . Upon
request by a bargaining unit member one (1) bulletproof vest shall be initially provided. A
replacement bulletproof vest shall be provided upon request by a bargaining unit member upon
reaching manufacturer's expiration date or through such police related actions that makes the
vest no longer safe for use as determined by the Chief of Police or designee. The bargaining unit
member is responsible for requesting the initial issue and any replacement.
22.3 On a year when a bargaining unit member is not entitled to any uniform allotment,
he/she may request up to four (4) uniform trousers/skirts, six (6) uniform shirts, and one (1)
uniform hat for replacement of damaged uniform as determined by the Chief of Police or
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designee, however, such replacement shall require the requesting party to turn in the uniform
he/she is requesting to be replaced.
22.4 Bargaining unit members who had purchased an approved bulletproof vest prior to the
ratification of this collective bargaining agreement by both parties, and did not yet receive
reimbursement for the bulletproof vest of five hundred dollars ($500) for male officers, or five
hundred fifty ($550) for female officers, shall be entitled to receive such reimbursement. Such
purchased vest shall follow the Department's guidelines for replacement. Bargaining unit
members who purchased and received reimbursement for their bulletproof vest shall not receive
an initial bulletproof vest issue. The Chief of Police shall appoint a person to inspect and
approve or reject all purchased bulletproof vests. Bargaining unit members with less than five
(5) years of service at the time of separation shall return the vests to the City or bargaining unit
members continuing their law enforcement career with another agency may be allowed to 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, bargaining unit
members who separates from employment under honorable conditions with ten (10) years of
service shall be awarded his/her vest upon request.
22.5 As determined by the Chief of Police or designee, bargaining unit members shall
reimburse the City for the repair or current replacement cost of lost, stolen, or damaged City
equipment when the bargaining unit member's careless and/or negligent act(s) resulted in the
loss, theft, or damage. A city issued vehicle damaged by a bargaining unit member will follow
the Police Departmental Orders regarding City issued vehicle accidents. In any grievance of an
action taken under this section, the City shall bear the burden of proof.
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22.6 Bargaining unit members who, due to the nature of their assignments and/or job
functions, are not required, in the sole opinion of the Chief of Police to wear a uniform hereafter
"non -uniformed bargaining unit members" shall be entitled to a clothing allowance. 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. All
uniformed and non -uniformed assignments will be determined solely by the Chief of Police.
22.7 Authorized non -uniformed bargaining unit members shall receive a clothing allowance
of fifty-five ($55) per month. Authorized non -uniformed bargaining unit members who are
absent without pay, on military leave, and/or on disability leave, shall receive no clothing
allowance payments during the periods of absence.
Authorized non -uniformed bargaining unit members not receiving a clothing allowance
for any of the foregoing reasons shall begin to receive the allowance on the date of their return to
regular duty as full-time sworn police officers. Bargaining unit members temporarily transferred
to a position that normally would entitle a bargaining unit member to receive a clothing
allowance shall not receive the allowance unless his/her transfer exceeds thirty (30) consecutive
working days. Bargaining unit members authorized to receive a clothing allowance as specified
in this section may select, after their third (3rd) allotment of clothing as provided in Section 22.1
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 dollars ($65). Such
selection shall be in lieu of the normal uniform allotment the bargaining unit member would
otherwise receive as provided in Section 22.2 following his/her third year of employment
Replacement of these uniform articles shall occur as specified in Section 22.3.
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22.8 Bargaining unit members who were not provided a City cellular phone and/or required
to use cellular phones during employment, as determined by the Chief of Police or designee,
shall receive a cellular phone allowance of seventy five dollars ($75) per month. Each
bargaining unit member receiving a cellular phone allowance is required to purchase a cellular
phone at their own expense. Bargaining unit members required to use cellular phones during the
course of and as part of their employment must be accessible at all times by such phones and
such phones must include voicemail. Upon request of the Chief of Police or designee,
employees will be required to provide proof of payment of their cellular phone bills.
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.
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Article 24
GROUP INSURANCE
24.1 The City agrees to pay six dollars and ninety-two cents ($6.92) per pay period toward
the cost of life insurance and accidental death and dismemberment coverage as currently enjoyed
by bargaining unit members. Life insurance and accidental death and dismemberment costs shall
not be considered in the total plan costs and payment shall be calculated separately from the 65%
contributions to the total plan cost.
24.2 Effective on or before August 1, 2007, the City shall contribute sixty five percent
(65%) of the total plan costs to the F.O.P. Health Trust. The F.O.P. plan participants shall
contribute thirty five percent (35%) of the plan costs to the F.O.P. Health Trust. Total plan costs
shall be determined on an annual basis by sound accounting practices and projections from a
firm engaged by the F.O.P. Trust. The City reserves the right to conduct its own Actuarial and
plan review to evaluate plan management and to verify the projections submitted by the F.O.P.
Health Trust at no cost to the plan. Upon request, the F.O.P. Health Trust agrees to provide the
City's designee and/or benefit consultants with all pertinent plan projections, plan design, and
vendor arrangements. If there are any discrepancies between the findings of the City and the
plan's management and projections of the Trust's Actuary which cannot be resolved, a mutually
agreeable third party Actuary shall review the findings from both parties and render a decision.
The decision of the third party Actuary shall be final and binding with regard to the
determination. The third party Actuary will be a member of the Academy of Actuaries with the
designation of Member of the Academy of Actuaries (MAAA) or a Fellow of the Academy of
Actuaries (FAAA). The cost of the third party will be shown as a cost to the F.O.P. Health Trust
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and the City will pay sixty five percent (65%) as part of the total plan costs. To extend there is
an impact on the Trust due to the "Government Accounting Standards Board ("BASB") issued
Statement No. 45 ("GASB"), such impact will be excluded from the funding calculations for
total plan cost as stated in the collection bargaining agreement.
The City reserves the right to request monthly claims reports for monitoring purposes
and to conduct a projection analysis and plan review should the F.O.P. Health Trust fund drop
below three million dollars ($3,000,000) at any time during the plan year in determining
contribution adjustments. Plan adjustments will be made no more than once a year and
implemented at the beginning of each calendar year.
Based on the agreed projected total plan costs, the City shall contribute sixty five
percent (65%) paid in equal bi-weekly amounts during the Plan year.
The F.O.P. agrees that the City Manager has the right to appoint a representative to act
as a non -voting member of the F.O.P. Health Trust Board to attend all regular and special
meetings, including, but not limited to meetings with regard to plan design, plan costs,
utilization, experience, and plan projection for upcoming plan years, and legal discussions
pertaining to the F.O.P. Health Trust that do not involve the City of Miami. The appointed
representative will sign a confidentiality agreement and follow the plan's rules and guidelines.
HIPAA certification is required by the City's designees to attend these meetings, therefore, the
F.O.P. agrees to provide such certification training.
24.3 If the total F.O.P. Health Trust fund drops below two million three hundred fifty
thousand dollars ($2,350,000) over the combined twelve (12) months of each of the Funds'
Fiscal Years, then the City agrees to reimburse the F.O.P. Health Trust for the difference
bringing the F.O.P. Health Trust fund balance up to the two million three hundred fifty thousand
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dollar ($2,350,000) level. Should a reimbursement be necessary, the City shall pay the
difference to the F.O.P. Health Trust within thirty (30) days of receiving notice of the specified
Fiscal Year based on the Funds' financial statement and confirmed by the yearly audit and
adjusted accordingly.
For each Fiscal Plan Year, any claims older than three and one-half (3 1/2) months shall
not be charged as a debit to bring the total of the fund below the two million three hundred fifty
thousand dollar ($2,350,000) level. Delays in submitting claims caused by the review process
and the ordinary course of processing claims shall not be subject to the three and one-half (3 1/2)
month period.
Should the Fund level exceed five million ($5,000,000) dollars at the end of each Fund
fiscal year then the F.O.P. Health Trust's total plan costs for the upcoming plan year shall be
reduced by the excess amount over five million ($5,000,000) dollars.
The benefit levels of the F.O.P. Health Trust shall not be changed if such changes
would result in increased liability to the City in maintaining the two million three hundred fifty
thousand dollar ($2,350,000) level.
24.4 The F.O.P. shall maintain its own group health, life, and accidental death and
dismemberment insurance plan. All current, future, and retired sworn police bargaining unit
members shall be eligible to participate in the F.O.P.'s plan, but shall forfeit the right to
participate in the City's plan.
24.5 Upon request, the F.O.P. and its insurance plan administrator shall permit the City to
review any records related to the F.O.P.'s health insurance plan.
24.6 The F.O.P.'s plan shall provide health insurance benefits that are reasonably
comparable to those provided by the City's plan.
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24.7 The F.O.P. shall indemnify, hold the City harmless, against any claim, demand, suit, or
liability and for all legal costs arising in relation to the implementation or administration of the
F.O.P.'s health insurance plan.
24.8 The F.O.P. agrees to enroll sworn management personnel in its plan if those individuals
elect such coverage.
24.9 If there is a dissolution of the F.O.P. Health Trust, all plan participants under the F.O.P.
Health Trust will maintain the right to elect coverage under the City's current Health Benefit
Plan. Additionally, the final dissolution of the F.O.P. Health Trust and distribution of any assets
existing after all eligible claims are paid will be made jointly and agreed to by the City of Miami
and the F.O.P. Health Trust Administration.
Article 25
DUES CHECK OFF
25.1 The City agrees to deduct F.O.P. membership dues in an amount established by the
F.O.P. and certified in writing by an accredited F.O.P. Officer to the City from the pay of those
bargaining unit members in the bargaining unit who individually make such request on a written
check off authorization form provided by the City. Such deduction will be made by the City
when other payroll deductions are made and will begin with the pay for the first full pay period
following receipt of the authorization by the City.
25.2 The City shall remit deductions of dues during the week 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.
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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,
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.
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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
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
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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.
26.6 Upon written request through channels, the F.O.P. President and the two (2) designees
will be released for the term of this Agreement from his or her regularly assigned duties for the
City of Miami Police Department. The terms of this Agreement for such release are only to be
implemented if the following qualifications are met by the F.O.P.:
A. The F.O.P. President and the two (2) designees will reasonably be available at
the F.O.P. office currently located at 710 SW 12th Avenue, Miami, Florida,
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
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(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.
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,
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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
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.
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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.
Article 30
FAMILY MEDICAL LEAVE AND LEAVE WITHOUT PAY
30.1 Bargaining unit members may request a leave of absence without pay in accordance
with the Family and Medical Leave Act of 1993 (FMLA), or the Miami -Dade County Family
Leave Ordinance.
30.2 Bargaining unit members may take FMLA leave of absence without pay not to exceed
ninety (90) days in a 12 (twelve) month rolling period for the birth or adoption of a child, to care
for an immediate family member with a serious health condition, or the bargaining unit
member's own serious health condition.
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30.3 Upon approval of the Chief of Police, and the City Manager or his/her designee, a leave
of absence without pay, for a period not to exceed six (6) months, may be granted for the purpose
of a bargaining unit member entering upon a course of training or study directly related to the
bargaining unit member's job, expected to improve the quality of the bargaining unit member's
service to the City. Upon request, such leave of absence without pay may be extended for an
additional six (6) months upon the approval of the Chief of Police and the City Manager or
his/her designee.
Any bargaining unit member requesting leave of absence without pay under this
Section shall submit to the Chief of Police evidence of registration upon entering each
quarter/semester of school.
30.4 Upon approval of the Chief of Police, and the City Manager or his/her designee, a leave
of absence without pay may be granted for a period not to exceed ninety (90) days. Approval or
denial of said leave of absence without pay is at the sole discretion of the City Manager or
his/her designee and shall not be reviewable through the Grievance Procedure, including
arbitration, or appealable to Civil Service Board.
30.5 Bargaining unit members who desire to take a leave of absence without pay for any
reason specified in this Article, excluding serious health condition, must first use all accrued
vacation, sick and compensatory leave prior to taking a leave without pay. A bargaining unit
member requesting leave without pay for a serious health condition under the Family and
Medical Leave Act must first use all sick, vacation, and compensatory leave prior to taking leave
without pay.
30.6 Unless required by law, bargaining unit members who take a leave of absence without
pay pursuant to this Article shall not accrue seniority or leave time. At the expiration of a leave
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of absence without pay, the bargaining unit member shall be returned to the position vacated
when said leave of absence without pay was granted unless otherwise prohibited by physical
limitations. Leave of absence without pay during the required probationary period of service
shall extend the probationary period equal to the length of time used during the said leave of
absence without pay.
30.7 The acceptance of another position or engaging in other employment by the bargaining
unit member while on a leave of absence without pay shall constitute an automatic voluntary
resignation from the service of the City of Miami without right to review through the Grievance
Procedure, including arbitration, or by Civil Service, a court of law, administrative agency, other
governmental body or any other authority. Such resignation may only be appealed to the
Director of Employee Relations or designee who will meet with the F.O.P. President and if the
parties do not agree on rescinding the resignation, the resignation shall be final and binding as of
the date the employee accepted another position or engaged in other employment as described
herein..
Article 31
VACATION
31.1 Vacation shall be calculated on actual service in the previous calendar year and shall
only be taken after the completion of six (6) months of actual continuous service. If a bargaining
unit member is employed prior to the 15th of the month, it shall be considered as a full month of
service and count in prorating vacation. Crediting vacation shall occur in January of each year
and shall be calculated on actual service in the previous calendar year.
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31.2 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 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
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
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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.
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.
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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.
Article 33
SICK LEAVE
33.1 The parties agree that care and discretion shall be exercised by Management and the
F.O.P. in order to prevent the abuse of sick leave privileges. Absences for trivial reasons must
be discouraged. To determine the extent or reasons for a bargaining unit member's absence on
sick leave, the bargaining unit member's immediate supervisor or a Management designee may
visit the home of the bargaining unit member on sick leave with pay. In cases where
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Management suspects that a bargaining unit member is malingering, sick leave with pay shall not
be granted.
33.2 Permanent bargaining unit members who are in pay status at least one hundred and
twenty (120) hours per month shall accrue up to eight (8) hours sick leave per month, to be
utilized in not less than one (1) hour increments.
33.3 Bargaining unit members in probationary status will accrue sick leave in accordance
with Section 33.2, however, no sick leave with pay will be granted during the bargaining unit
member's first ninety (90) days of employment.
33.4 To receive sick leave with pay, a bargaining unit member must notify his/her
immediate supervisor or designated Police Department personnel of illness within fifteen (15)
minutes prior to the scheduled starting time of his/her shift. The bargaining unit member is
responsible for notifying a supervisor within his/her district or assignment each day that he/she is
out ill unless previously approved by a supervisor.
33.5 Any bargaining unit member absent on sick leave for more than three (3) consecutive
work days must report to the Department of Employee Relations and obtain approval before
returning to work.
33.6 Other banked leave time may be substituted for sick leave only when a bargaining unit
member has depleted all of his/her sick leave bank.
When a bargaining unit member has depleted all of his/her leave time balances and has
not been approved for Family Medical leave as outlined in Article 28 of this Agreement, he/she
will be carried as follows:
— Illness Without Pay
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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 Upon ratification of this agreement by the parties, 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
one thousand (1,000) hours and fifty percent (50%) of accumulated sick leave above one
thousand (1,000) 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 above. Bargaining unit members, who are terminated from employment, forfeit all sick
leave payout.
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33.13 Payoff for accumulated sick leave shall not be used to calculate average earnings for
pension purposes.
33.14 When a bargaining unit member is unable to work due to an extended, non -work related
illness and the bargaining unit member's sick leave, earned time, and vacation time are fully
depleted, employees may donate credited vacation and/or earned time to the affected bargaining
unit member in increments of four (4) hours or more. Such time may only be donated by
employees whose hourly rate of pay is equal to or greater than that of the donee. Such donations
of time shall be submitted for approval to the Director of Employee Relations or designee on a
form to be provided by the City. Except as provided above, donations of leave time shall not be
authorized. Should there be extraordinary circumstances beyond what is contained in this
Article, a bargaining unit member may request consideration from the Director of Employee
Relations or designee for a time transfer. The Director of Employee Relations' or designee's
decision shall be final.
33.15 Upon ratification of this agreement by the parties, bargaining unit members who are
eligible for retirement may, at their sole discretion, make an irrevocable election in the calendar
year prior to the calendar year in which the bargaining unit member severs service with the City
of Miami to convert any portion of their accumulated sick time to vacation time at the time of
severance of service. The conversion of sick time to vacation time shall be at the rate of one
hundred percent (100%) of accumulated sick leave up to one thousand (1,000) hours and fifty
percent (50%) of accumulated sick leave above one thousand (1,000) hours.
33.16 Upon ratification of this agreement by the parties, bargaining unit members covered by
this Agreement shall have credited to their Post employment Health Plan one hundred percent
(100%) of accumulated sick leave up to one thousand (1,000) hours and fifty percent (50%) of
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accumulated sick leave above one thousand (1,000) hours at time of severance of service with
the Department, including any vacation converted under Article 31, Section 31.9.*
*NOTE: Any vacation leave time balances that are converted to sick leave under Article 31-
Vacation, Section 31.8 shall be added over and above the 1,000 hour limitations set forth in
Section 33.15.
Article 34
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
34.1 In an effort to identify and eliminate on or off duty controlled substance abuse and on
duty alcohol abuse, a bargaining unit member will be ordered to undergo a urinalysis/blood test
immediately upon notification as provided herein:
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.
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2) In the event that the reasonable belief arises while the bargaining unit
member is off duty and the bargaining unit member is not at the scene of an
accident, arrest, or other event he/she shall be directed to undergo a
urinalysis/blood test immediately unless there are compelling reasons to
wait until the next tour of duty or the next morning, whichever occurs first.
C. Where a staff level officer has a reasonable belief that a bargaining unit member
is under the influence of alcohol on duty, or off -duty, while driving a City vehicle
or rented City vehicle, or while covered for portal to portal pay for workers'
compensation.
34.2 Random Substance Screening
A. Throughout each calendar year the City may conduct up to one thousand two
hundred and fifty (1,250) random substance screenings on members of the
bargaining unit. A bargaining unit member may be randomly selected no more
than two (2) times during each calendar year and notified that he/she must report
for testing.
B. Bargaining unit members selected for random substance screening shall report to
either a hospital or accredited testing laboratory, as chosen by the City. The
hospital or accredited testing laboratory shall include sufficient safeguards to
ensure that proper chain of custody procedures is enforced.
C. The following drugs or classes of drugs and cut off concentration levels shall be
applicable for determining whether specimens are negative or positive for the
initial or confirmation test. A positive result shall be a concentration in excess of
the following:
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Initial Test Level (ng/ml)
Cannabis (Marijuana) Metabolites 50
Cocaine Metabolites 300
Opiate Metabolites 2000
Phencyclidine
Amphetamines
Methaqualone
Methadone
Propoxyphine
25
1000
300
300
300
Tricyclic Antidepressants 300
Ketamine
Gamma-hydroxybutyrat
Methylenedioxymethampetamine
(MDMA, Ecstacy)
(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
GC/MS Level (ng/ml)
15
150
In accordance with levels
specified by Department of
Human Services Federal
Register, Part III, dated
April 13, 2004.
25
500
150
150
150
150
(Industry Standards)
(Industry Standards)
(Industry Standards)
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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.
F. Any test showing a "positive" result will be confirmed by the Gas
Chromatography/Mass Spectrometry (G.C.M.S.) method or other industry
standard method before administrative action is commenced, by testing the
second portion of the sample tested.
G. Pursuant to applicable law, a medical review officer (MRO) shall notify the
Bargaining unit members of a positive result. Notice to the bargaining unit
member of the test being positive shall be considered to have been served upon
the bargaining unit member by the MRO upon oral communication.
H. All chemical tests shall be conducted as soon as practical, preferably the same
day.
I. The F.O.P. will be advised of passed or failed tests to the extent that the releasing
of such data is not inconsistent with Federal or State laws regarding the privacy of
said test, unless the individual involved does not want the test results released to
F.O.P.
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34.3 Where a bargaining unit member alleges that an order made under this section is not
consistent with the criteria cited herein, he shall comply with the order, and may simultaneously
file a protest with the communicator of the order. Disputes arising out of such protests shall be
arbitrable under Article 6 of this Agreement.
34.4 Refusal to comply with an order to submit to substance/alcohol screening will
constitute grounds for termination. The bargaining unit member refusing to be tested shall be
placed on leave without pay pending the final determination.
34.5 Any positive test for a controlled substance which is confirmed by G.C.M.S. or better
testing shall result in discipline up to and including dismissal. The bargaining unit member
refusing to be tested shall be placed on leave without pay pending the final determination.
34.6 Any positive test of alcohol which is confirmed shall result in discipline up to and
including dismissal. The bargaining unit member refusing to be tested shall be placed on leave
without pay pending the final determination.
Article 35
HEART BILL/PHYSICALS
35.1 Upon ratification of this collective bargaining agreement by both parties, bargaining unit
members who during the course of their employment with the City, demonstrate having any
condition or impairment of health caused by tuberculosis, heart disease, or hypertension resulting
in total or partial disability or death shall be presumed to have been accidental and to have been
suffered in the line of duty unless the contrary be shown by competent evidence. However, any
such bargaining unit member shall have successfully passed a physical examination upon
entering into service as law enforcement officer, which examination failed to reveal any evidence
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of any such condition. Such presumption shall not apply to benefits payable under or granted in a
policy of life insurance or disability insurance, unless the insurer and insured have negotiated for
such additional benefits to be included in the policy contract.
35.2 This section shall be construed to authorize the City to negotiate policy contracts for life
and disability insurance to include accidental death benefits or double indemnity coverage which
shall include the presumption that any condition or impairment of health of any kind caused by
tuberculosis, heart disease, or hypertension resulting in total or partial disability or death was
accidental and suffered in the line of duty, unless the contrary be shown by competent evidence.
Article 36
SWORN 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 two hundred thousand dollars ($200,000) from the City of Miami upon
said bargaining unit member's death. Application shall be made to the Department of Employee
Relations for payment of such death benefits.
Article 37
NON DUTY COURT APPEARANCE
37.1 Attendance in court in response to legal order or subpoena to appear and testify in
private litigation not in connection to bargaining unit member's official duty, but as an individual
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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.
Article 38
RESIDENCY
38.1 While residency is not a condition of employment an applicant who is otherwise
qualified may, at the sole discretion of the Chief of Police, 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) - The DROP of the Retirement System shall
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
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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
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 months, and a maximum of forty-eight
(48) months.
C. Maximum participation
1. The maximum period of participation in the DROP, forty-eight (48) months.
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.
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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
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.
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2. Death - In the case of the death of a DROP participant, there shall be no
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.
H. COLA
1. Eligibility for payments for cost of living adjustment (COLA) shall not
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
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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.
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.
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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.
39.4 Purchase of Creditable Service: Upon ratification of this Agreement by both parties,
the right to purchase three (3) years of creditable service shall be available to bargaining unit
members who separate/retire from service utilizing the following options:
Option One (1).
"A retiring" member who does not participate in the DROP and retires under service
retirement, or rule of 64 retirement, may purchase from available leave balances, tax
qualified 457 Deferred Compensation Plans, or cash payment whole years of creditable
service up to a maximum of three years. In no case shall a member purchase more
than three (3) years of creditable service through any combination of the above
provision. The purchase of creditable service under this option may not be utilized for
eligibility of either service retirement, or rule of 64 retirement. Once the funds have
been applied toward the purchase of whole years of creditable service and the amount
actually paid to and received by the trust, the member may purchase the remaining
balance of the three years by a lump sum cash payment to the trust. Leave balances
shall be determined in accordance with the applicable labor agreement and/or leave
payoff practices. The purchase of creditable years of service will be at present value as
actuarially determined by the Fire Fighters and Police Officers Retirement Trust
(F.I.P.O.) for each individual employee.
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Option Two (2).
"A retiring" member, who wishes to participate in the DROP, may purchase from a tax
qualified transfer of funds from a member's 457 Deferred Compensation Plan, or in a
cash payment whole years of creditable service up to a maximum of three years. In no
case shall a member purchase more than three years of creditable service through any
combination of the above provisions. The purchase of creditable service under this
option may not be utilized for eligibility of either service retirement, or rule of 64
retirement. The purchase of creditable years of service will be at present value as
actuarially determined by the Fire Fighters and Police Officers Retirement Trust
(F.I.P.O.) for each individual employee. No benefit provided under this subsection
shall be effective unless and until full payment in accordance herewith is made.
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 Chief of Police shall continue to fill slots as openings occur during the year
through the established regular bidding process. The Chief of Police shall determine what open
slots will be staffed and bid. When one or more vacant slots need to be filled, personnel may be
temporarily assigned to cover staffing needs. Those bargaining unit members who are
temporarily assigned will come from bargaining unit members most recently transferred to Field
Operations Division, laterals from Department, probationary officers/sergeants, and bargaining
unit members who have not yet bid for a permanent position. Temporary assignments will be for
a period not to exceed twelve (12) months.
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40.3 Seniority shall only be used in determining shift assignment, area, and in the
assignment of days off upon an opening occurring within a patrol unit. Seniority shall not be
used in determining assignment to a specialized unit. In specialized units seniority is defined as
continuous time within the 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
the same for two (2) or more bargaining unit members then the most recent 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 of hire as a police officer will
be utilized. Leaves of absence without pay or suspensions will reduce the bargaining unit
member's seniority by the amount of time for such leave of absence or suspension.
40.5 Exceptions to the use of seniority as specified in 40.3 may occur in an emergency or
when special knowledge or skills are needed or as determined by the Chief of Police or the
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 upon his/her successful completion of probation.
B.- The experimental program outlined in the collective bargaining agreement dated
October 1, 2004 — September 30, 2005 is terminated. Officers currently in the
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experimental vehicle program will retain their twenty-four (24) hour vehicle
based on Management's discretion and vehicle availability.
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.
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
No injuries
Unreasonable action
Injuries
G. The above -mentioned sanctions will be imposed in addition to any disciplinary
actions that may be imposed by the City.
3 Months
6 Months
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H. A bargaining unit member, whose twenty-four (24) hour vehicle is unavailable
due to maintenance, 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
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 are 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).
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(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.
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 maintain the prescribed preventive
maintenance log shall be subject to disciplinary action including, but not limited
to:
1. Reimbursement of repair cost due to damage of their assigned vehicle.
2. Reimbursement of maintenance cost.
3. Loss of twenty four (24) hour vehicle.
41.2 Vehicle maintenance will be performed only while the bargaining unit member is on
duty. 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 be taken out of service.
41.4 Departmental policy on damage of a City vehicle shall apply.
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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 an approved accredited technical school, college or university
and/or any approved accredited on-line college/university in the United States where
accreditation is recognized by the United States Department of Education. Other educational
programs may be covered, provided the City and the F.O.P. mutually agree upon inclusion of the
educational program.
42.2 Any full-time 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 Department of Employee Relations
designee. 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 Reimbursement will be limited to actual tuition costs up to a maximum of one thousand
dollars ($1,000) per calendar year. Books, housing, incidental fees, and all other fees and costs
related to the course work will not be reimbursed by the City.
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42.5 To be eligible for reimbursement, the bargaining unit member must successfully
complete the course work and provide evidence of a grade of "C" or better to the City.
42.6 Procedures for reimbursement will be as follows:
A. The bargaining unit member must obtain three (3) copies of the Application for
Tuition Reimbursement form for each course from the Police Department or the
Employee Relations Department.
B. The bargaining unit member must complete the application in triplicate and
submit it to the Chief of Police prior to registration at the education institution.
C. The Chief of Police will review the application and if he/she approves, and will
forward the original and one copy to the Employee Relations Department. If the
application is disapproved, it will be returned to the bargaining unit member by
the Chief of Police.
D. The Director of Employee Relations or designee also has discretion and authority
to approve or disapprove the application, and applications not approved will be
returned to the Chief of Police with the reason for rejection noted thereon.
42.7 In the event the bargaining unit member resigns or is terminated from the City within
one (1) year following completion of the course(s) for which City funds were expended, the
amount of tuition reimbursement paid to the bargaining unit member will be reimbursed to the
City by the bargaining unit member upon his/her termination from the City through a deduction
from his/her final paycheck.
42.8 Upon completion of the course work, the bargaining unit member must submit his/her
semester grade report together with the tuition fee receipt to the Chief of Police. The Chief of
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Police will submit the approved application for tuition reimbursement along with the bargaining
unit member's semester grade report to the Finance Department who shall then reimburse the
bargaining unit member for the City's share of the tuition reimbursement. The Chief of Police
will advise the Employee Relations Department of the bargaining unit member's satisfactory
completion of the course.
Article 43
POST EMPLOYMENT HEALTH PLAN
43.1 The parties agree that the F.O.P. will establish the Fraternal Order of Police, Lodge
#20, Post Employment Health Plan ("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.
43.3 The PEHP will establish individual accounts for each member in the PEHP.
43.4 Upon separation of service from the City all members will have their sick leave
balances calculated at their hourly rate of pay at time of separation and transferred to their PEHP
accounts.
43.5 Any losses, charges or expenses incurred by the participant in the PEHP will be 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
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ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of
the City, then the Agreement, upon being signed by the appropriate F.O.P. representatives and
the City Manager, shall become effective October 1, 2005, except where otherwise stipulated.
The Agreement shall continue in force and effect until 11:59 p.m., September 30, 2007.
44.2 On, or before April 1, 2007, 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 May 1, 2007, 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).
44.4 Initial discussions shall thereafter, and no later than June 1, 2005, be entered into by the
City and the F.O.P.
44.5 If any provision of this Collective Bargaining Agreement is in conflict with any law,
ordinance or resolution over which the City Manager has no amendatory power, the City
Manager shall submit to the City Commission a proposed amendment to such law, ordinance or
resolution. Unless and until such amendment is enacted or adopted and becomes effective, the
conflicting provision of the Collective Bargaining Agreement shall not become effective. The
City Administration shall expedite such proposed amendments to the City Commission.
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44.6 If a Constitutional Amendment is adopted which reduces the City's ability to acquire
revenue and causes the City Manager to deem necessary the under funding of this Agreement,
the parties shall promptly reopen negotiations on wages and monetary fringe benefits, pursuant
to the following representations:
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.
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.
Agreed to this day of , 2007 by and between the respective
parties through an authorized representative or representatives of the F.O.P. and by the City
Manager.
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ATTEST:
ATTEST:
CITY CLERK
FRATERNAL ORDER OF POLICE
WALTER E. HEADLEY, JR.
MIAMI LODGE NO. 20
a---77??,7r-21
ON THE PART 0 CITY OF MIAMI,
MIAMI; FLORID
APPROVED AS TO FORM
A D (qO : RECTNESS •
TTORNEY
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INDEX
ARTICLE PAGE
4-10 Work Schedule 32
Agreement 1
Bereavement Leave 58
Bid Process/Seniority 80
Blood Donors 64
Bulletin Boards 25
Commendation Paid Leave 59
Department Disciplinary Review Board 25
Disciplinary Procedure 13
Discrimination 57
Dues Check Off 53
F.O.P. Time Pool 55
Family Medical Leave and Leave Without Pay 59
Grievance Procedure 7
Group Insurance 50
Heart Bill/Physicals 72
Holidays 44
Line of Duty Injuries 17
Management Rights 4
No Strike 6
Non Duty Court Appearance 73
Notices 24
Overtime/Compensatory Time 30
Parity Clause 45
Pension 74
Post Employment Health Plan 87
Preamble 1
Prevailing Benefits 50
Recall and Court Time 28
Recognition 1
Representation of the City 2
Representation of the F.O.P 3
Residency 74
Rules of Construction 12
Sick Leave 64
Standby 33
Substance/Alcohol — Personnel Screening 68
Sworn Officers Killed In the Line of Duty 73
Table of Contents i
Term of Agreement 87
Total Agreement 44
Transfers 29
Tuition Reimbursement 85
Uniform/Clothing Allowance 46
Vacation 61
Vehicle Program 81
Wages 33
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