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CITY OF MIAMI, MIAMI, FLORIDA z
AND
FRATERNAL ORDER OF POLICE,
WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20
OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM.3 ON cI-a4-67.
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 12
Article 9 Line of Duty Injuries 15
Article 10 Notices 22
Article 11 Bulletin Boards 23
Article 12 Department Disciplinary Review Board 23
Article 13 Recall and Court Time 25
Article 14 Transfers 26
Article 15 Overtime/Compensatory Time 27
Article 16 4-10 Work Schedule 29
Article 17 Standby 30
Article 18 Wages 30
Article 19 Total Agreement 41
Article 20 Holidays 41
Article 21 Parity 42
Article 22 Uniform/Clothing Allowance 43
Article 23 Prevailing Benefits 46
Article 24 Group Insurance 46
Article 25 Dues Check Off 49
Article 26 F.O.P. Time Pool 51
Article 27 Discrimination 53
Article 28 Bereavement Leave 54
Article 29 Commendation Paid Leave 55
Article 30 Family Medical Leave and Leave Without Pay 55
Article 31 Vacation 57
Article 32 Blood Donors 59
Article 33 Sick Leave 59
Article 34 Substance/Alcohol - Personnel Screening 63
Article 35 Heart Bill 67
Article 36 Sworn Officers Killed in the Line of Duty 67
Article 37 Non Duty Court Appearance 68
Article 38 Residency 68
Article 39 Pension 69
Article 40 Bid Process/Seniority 74
Article 41 Vehicle Program 75
Article 42 Tuition Reimbursement 78
Article 43 Post Employment Health Plan 80
Article 44 Pension Stabilization 81
Article 45 Term of Agreement 81
Annex "A" 91
Index 85
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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 specifically
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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 writing of any changes in
designation of the City's representative for the purposes of negotiations.
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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 1st. Such designation shall be accompanied by an
affidavit executed by said President that the F.O.P. has complied with all requirements of State Law
in effect at that time with respect to registration of the F.O.P. The President of the F.O.P., or person
or persons designated by said President, shall have full authority to conclude an Agreement on
behalf of the F.O.P., subject to ratification by a majority vote of those bargaining unit members
voting on the question of ratification. It is understood that the F.O.P. representative or
representatives are the official representatives of the F.O.P. for negotiating with the City. Any
negotiations entered into with persons other than those defined herein, regardless of their position or
association with the F.O.P., shall be deemed unauthorized and shall have no standing or weight of
authority in committing or in any way obligating the F.O.P. The F.O.P. shall notify the City
Manager in writing of any changes in the designation of the President of the F.O.P. or of any
certified representative of the F.O.P. Up to five (5) designated representatives of the F.O.P. shall be
permitted to attend the negotiation sessions on duty with no loss of pay or emoluments. Two (2) of
the representatives shall be compensated by the City and their shifts and/or days off shall be
adjusted to accommodate the negotiation process. The other three (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.
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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 City has and will continue to retain, whether exercised or not, the right to operate and
manage its affairs in all respects, and the powers and authority not abridged, delegated or modified
by the express provisions of this Agreement or in any Memorandum of Understanding(s) (MOU)
that is incorporated in this agreement and attached hereto or referred to herein, in addition to any
MOU entered into during the term of this agreement. The F.O.P. and the City retain the right to
bring forth additional MOUs which were entered into by both parties and incorporate them as part
of the agreement after notification of the respective party (F.O.P./City Manager or designee) who
will confirm the authenticity of the MOUs. Otherwise, any changes of terms and conditions of
employment shall not be recognized. Any future MOUs that amends the collective bargaining
agreement shall be subject to Florida Statute, Chapter 447, Part II. The parties agree to a sunset
provision that begins at the ratification of this labor agreement wherein any MOU that is not
included with the labor agreement prior to the expiration of this agreement will be considered null
and void.
The rights of the City, through its management officials, shall include, but shall not be
limited to, the right to determine the organization of City Government; to determine the purpose of
each of its constituent departments; to exercise control and discretion over the organization and
efficiency of operations of the City; to set standards for service to be offered to the public; to direct
the bargaining unit members, including the right to assign work and overtime; to hire, examine,
classify, promote, train, transfer, assign, and schedule bargaining unit members; to suspend, demote,
discharge, or take other disciplinary action against bargaining unit members for proper cause; to
increase, reduce, change, modify or alter the composition and size of the work force, including the
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right to relieve bargaining unit members from duties because of lack of work or funds; to determine
the location, methods, means, and personnel by which operations are to be conducted, including the
right to determine whether goods or services are to be made or purchased; to establish, modify,
combine or abolish positions; to change or eliminate existing methods of operation, equipment or
facilities; to establish, implement and maintain an effective internal security program, and to
establish rules, regulations and rules of conduct.
4.2 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 in this Agreement.
4.5 If the City fails to exercise any one or more of the above functions from time to time, this
will not be deemed a waiver of the City's right to exercise any or all of such functions. This
provision will in no way alter or diminish the rights afforded by Article 23, Prevailing Benefits.
4.6 The City retains the right to establish, and from time to time to amend, rules and
regulations not in conflict with this Agreement.
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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.
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
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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
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"d step grievance or initiating action
for redress in any other forum. Such choice of remedy will be made in writing on the Election of
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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 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
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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.
Step 2.
The aggrieved bargaining unit member shall discuss the grievance with his immediate
supervisor within five (5) working days of the occurrence which gave rise to the
grievance. The F.O.P. representative may be present to represent the bargaining unit
member if the bargaining unit member desires him present. The immediate supervisor
shall attempt to adjust the matter and/or respond to the bargaining unit member within
five (5) working days.
If the grievance has not been satisfactorily resolved at Step 1, the bargaining unit member
or the Employee Organization representative shall complete the Election of Remedy form
provided for in Section 6.4 of this Article before initiating the grievance to the second
step of the Grievance Procedure. If the aggrieved party or parties elect the remedy other
than the Grievance Procedure contained herein, the grievance shall be withdrawn for
redress consistent with the Election of Remedy form.
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
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Step 3.
Step 4.
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 bargaining
unit member and the F.O.P. within ten (10) working days from the receipt of appeal.
1. If the grievance is not settled in Step 3, it may upon written request of either the
Bargaining unit member, Employee Organization or the City within seven (7)
working days after receipt of reply or answer be referred to arbitration by the
Arbitrator.
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
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this Agreement; nor shall this Collective Bargaining Agreement be construed by the
Arbitrator to supersede any applicable laws.
3. It is contemplated that the City and the F.O.P. or bargaining unit member shall
mutually agree in writing as to the statement of the matter to be arbitrated prior to a
hearing; and if this is done, the Arbitrator shall confine his decision to the particular
matter thus specified.
4. Each party shall bear the expense of its own witnesses and of its own representatives.
The F.O.P. and the City shall bear equally the expense of the impartial Arbitrator,
including any retainer fee of the Arbitrator. Should any individual bargaining unit
member bring a grievance under this Article, he/she shall be required to post a bond
of an estimated one-half ('/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.
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Article 7
RULES OF CONSTRUCTION
7.1 It is agreed and understood that this Agreement constitutes the whole Agreement between
the parties.
7.2 If this Agreement or any provision, section, subsection, sentence, clause, phrase, or word of
this Agreement is in conflict with any law as finally determined by a court of competent jurisdiction
which had presented to it the issue of conflict as it may pertain to this Agreement, that portion of the
Agreement in conflict with said law or ordinance or resolution or court interpretation of the law
shall be null and void and subject to renegotiation. Notwithstanding the provisions of this article,
the parties agree that whenever a negotiated clause of the labor contract is in conflict with the Civil
Service Rules on the same subject, the provisions of the Labor Contract will take precedence. The
remainder of the Agreement shall remain in full force and effect with it being presumed that the
intent of the parties herein was to enter into the Agreement without such invalid portion(s).
Article 8
DISCIPLINARY PROCEDURE
8.1 Whenever a bargaining unit member is under investigation and subject to interrogation by
the City of Miami Police Department for any reason that could lead to disciplinary action,
demotion, or dismissal, such interrogation shall be conducted under the following conditions:
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.
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B. If the interrogation is conducted by or for the Department, it shall take place in a
Miami Police Department Building. If the interrogation is to be conducted by or for
another investigating agency, it shall be conducted at either the investigative
agency's office or at a Miami Police Department Building.
C. Prior to any interrogation, the bargaining unit member shall be informed of the rank,
name and command of the officer in charge of the investigation, the interrogating
party and all persons present during the interrogation. All questions directed at the
bargaining unit member shall be asked by and through one interrogator.
D. The bargaining unit member who is the subject of the complaint shall be informed of
the nature of the investigation prior to any interrogation, and given the names of all
known complainants. The bargaining unit member shall have the opportunity to
review the complaint and any and all written or taped statements from the
complainant and witnesses immediately prior to the taking of the bargaining unit
member's formal statement when it is determined that the investigation is strictly for
administrative purposes. All sworn statements of substantive witnesses shall be
documented with the exception of those of a confidential nature.
E. Interrogations shall be for reasonable periods and shall be timed to allow for such
personal necessities and rest periods as are reasonably necessary.
F. The bargaining unit member shall not be subjected to abusive or offensive language
or threatened with transfer, dismissal or other disciplinary actions. No promise,
reward or threat of action shall be made as an inducement to answering any question.
G. The complete interrogation including when recesses are taken shall be recorded, and
there shall be no unrecorded questions or statements. Upon the request of the
bargaining unit member a copy of the recording of the interrogation session will be
made available to the interrogated officer no later than 72 hours, excluding holidays
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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.
Should this occur, the bargaining unit member who is the subject of the interrogation
shall have the opportunity to present rebuttal evidence.
I. No mechanical device, including, but not limited to, polygraph, or psychological
stress evaluator, etc., shall be forced onto a bargaining unit member nor shall
disciplinary action be taken against a bargaining unit member who refuses to submit
to such testing. However, a bargaining unit member may request such a test.
J. If the bargaining unit member is under arrest, or is a principal of a criminal
investigation and is likely to be arrested as a result of the interrogation, he shall be
fully informed of his or her legal rights prior to any interrogation.
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K. At the request of the bargaining unit member, he or she shall have the right to be
represented by one representative of his or her choice during the entire interrogation.
L. Where an attorney or bargaining unit member representative is requested but cannot
be present within one (1) hour of notification, the bargaining unit member shall be
required to obtain another bargaining unit member representative or counsel. When
a bargaining unit member representative or counsel is present, he or she may advise
the bargaining unit member as to the bargaining unit member's rights under
applicable rules, regulations and the current Labor Agreement.
M. When a bargaining unit member is giving a statement as a witness, and during that
statement that said witness has become a principal of that investigation, the statement
will be discontinued and the bargaining unit member will be advised he may be a
principal in said investigation. The bargaining unit member will then be given the
opportunity to suspend the statement to seek F.O.P. or other legal representation.
8.2 Records retained by Internal Affairs shall be destroyed after a period of five (5) years
beyond either the bargaining unit member's termination date, retirement date or unless otherwise
directed by state law.
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
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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
Presidents, one member appointed by the Chief of Police, and one member selected by these two
individuals. An individual appointed by the Director of Risk Management will serve as a technical
advisor and liaison with the medical community.
Any additional medical and hospitalization requested outside the provisions of Chapter 440,
Florida Statutes, will be considered on a case —by —case basis at the sole discretion of the City. The
decision to provide additional benefits will be based on: 1) whether the treatment is deemed
reasonable and medically necessary by a peer review physician of the City's choosing; 2) whether
there is unrefuted evidence that shows the same or equivalent treatment cannot be provided by a
health care provider at Florida's Medical and Surgical fee schedule within fifty (50) miles of the
claimant's residence.
9.2 Effective as soon as administratively feasible after ratification, the parties agree the City
will pay the state mandated workers' compensation indemnity payments to eligible bargaining unit
members as a check separate from any other salary to which a bargaining unit member may be
entitled. The bargaining unit member agrees to sign this workers' compensation check back to the
City. The City will also issue a second check to the bargaining unit member which will consist of an
amount equal to the workers' compensation payment and the supplementary salary as set out, and
subject to the limitations below. After those deductions with mandated preference under federal
law, the City agrees to take deductions and/or credits from this second paycheck in the following
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order: workers' compensation (will be indicated on the check as a credit for the City and will be
non-taxable), pension, health insurance, and any other deductions. The parties agree that this
process is intended to provide the bargaining unit member with these paychecks without
interruptions.
Should the bargaining unit member refuse to return the workers' compensation check to
the City, the City shall cease making any deductions for the bargaining unit member from the
second check for pension, health insurance, etc. and the bargaining unit member shall then be
completely responsible for making those payments on his/her own, until the bargaining unit
member elects to participate in the paycheck system described above in Section 9.1.
9.3 Workers' Compensation Indemnity Benefits
The City agrees that any bargaining unit member covered under this contract who is
disabled as a result of an accident, injury or illness incurred in the line of duty shall be granted
workers' compensation indemnity benefits, subject to the following conditions.
To the extent required by and subject to the limitations specified in Chapter 440 of the
Florida Statutes, the City shall provide workers' compensation indemnity benefits to injured
employees. If an injured employee fails to report the accident, injury or illness within the time
required by Florida law, the City and its servicing agent, and/or workers' compensation carrier shall
not be responsible for providing any indemnity benefits.
9.4 Supplemental Salary
The City agrees that any bargaining unit member covered under this contract who is
disabled as a result of an accident, injury or illness incurred in the line of duty shall be granted
supplementary salary, subject to the following conditions:
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
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that the combination of supplemental and worker's compensation pay shall not exceed nor be less
than one hundred percent (100%) of the bargaining unit member's weekly net base pay (excluding
overtime and any pay supplements not included in the bargaining unit member's base salary) prior
to the line of duty injury, accident, or occupational disease.
Supplementary salary shall only be granted for a period of one hundred and fifty (150)
consecutive days from the date of injury. Said supplementary salary may be extended up to an
additional sixty (60) consecutive days for serious injuries upon approval of the City Manager or
his/her designee. The one hundred fifty (150) days begin when the bargaining unit member is
actually placed on "D". While the bargaining unit member is on "D", such time will be calculated
consecutively including days off. If the bargaining unit member is removed from "D", the non "D"
time will not apply to the one hundred fifty (150) day period.
If a bargaining unit member remains temporarily disabled beyond the period of time in
which he/she is entitled to collect the 100% supplementary pay benefits, he/she shall be entitled to
supplementary pay equal to the 2/3 "D" payments pursuant to current practice.
9.5 If a bargaining unit member becomes Permanently and Totality Disabled (PTD), as
determined by a City approved attending physician, from the further performance of the duties of
his/her classified position then at the end of one hundred four (104) weeks of disability, he/she is
considered to have reached statutory maximum medical improvement and is required to petition the
retirement board for retirement, otherwise he/she must:
• 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
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The supplementary salary of the difference of 2/3 "D" as described above shall continue until the
F.I.P.O. board concludes the hearing with a final determination.
A granted FMLA request will postpone any further action for the period taken up to its
statutory limitation. If the bargaining unit member has petitioned the retirement board for
retirement, the bargaining unit member will remain on their current status until the retirement board
has finally granted or denied the retirement.
If during the time of up to one hundred four (104) weeks of disability, it is determined by the
City or the bargaining unit member's City approved attending physician that the member is not PTD
nor full duty with reasonable accommodations, the bargaining unit member may request to be
allowed to work on a temporary basis. The request shall be made in writing and directed to the City
Manager or designee. Granting this request is based upon the medical restrictions placed by his/her
City approved attending physician and available assignments.
The Department at its discretion may maintain up to a total of ten (10) temporary non-
binding assignments for the sole purpose of mitigating an undue hardship on bargaining unit
member injured in the line of duty. These temporary positions will be filled by members, according
to sworn classification, on a first -in first -out basis upon completion of FIPO's Final Determination
Hearing. Once the 10 positions are filled, the next bargaining unit member to be classified in this
status in the respective category will bump out the bargaining unit member who 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
A granted FMLA request will postpone any further action for the period taken up to its
statutory limitation.
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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 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
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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 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
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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 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.
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Article 11
BULLETIN BOARDS
11.1 The City will provide for the sole use of the F.O.P. bulletin boards at the Central
Headquarters, 400 NW 2 Ave.; North District Substation, 1000 NW 62 St.; South District
Substation, 2200 W Flagler St., and any other mutually agreed upon location. Any notice or item
placed on bulletin boards shall bear on its face the legible designation of the person responsible for
placing such notice or item on bulletin boards. Notices placed on bulletin boards shall be limited to
announcements of F.O.P. meetings, elections, items dealing with terms and conditions of
employment, and social or recreational events. Notices or announcements shall not contain
anything political or reflecting adversely on the City or any of its officials or employees; notices or
announcements which violate the provisions of this section shall not be posted.
Article 12
DEPARTMENT DISCIPLINARY REVIEW BOARD
12.1 It is the purpose of the Departmental Disciplinary Review Board to provide a method of
ascertaining the fairness and consistency of punitive action for infractions of the Departmental
Rules and Regulations, Departmental Orders and other Departmental Directives. A part of this
review process is the Departmental Disciplinary Review Board, which makes advisory
determinations and non -binding recommendations to the Chief of Police on matters of discipline.
Departmental actions against a bargaining unit member arising from a claim of fitness for duty or
workers' compensation shall not be reviewed by the Departmental Disciplinary Review Board or the
Departmental Disciplinary Review Board Chairperson. Any decisions by the Departmental
Disciplinary Review Board or any policies established by the Departmental Disciplinary Review
Board are not arbitrable under this Collective Bargaining Agreement. The Departmental
Disciplinary Review Board does not possess adjudicators or quasi-judicial powers. As such, its
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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 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.
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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.
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.
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13.4 A bargaining unit member eligible for overtime, attending court or other proceedings
arising out of the course of their official duties one (1) hour or less before the start of their
scheduled tour of duty shall receive one (1) hour of overtime.
13.5 A bargaining unit member eligible for overtime for attending court or other proceedings
arising out of the course of their official duties one (1) hour or less after the end of their scheduled
tour of duty shall be paid at their overtime rate, consistent with Article 15 - Overtime/Compensatory
Time for the time period starting from the end of the bargaining unit member's work shift to the end
of court or any other proceeding arising out of the course of his/her official duties proceeding or for
one (1) hour, whichever is greater.
13.6 A bargaining unit member who is required to attend court or any other official proceeding
arising out of the course of his/her official duties for a period which is greater than one (1) hour and
less than or equal to three (3) hours and one minute after the scheduled end of his/her tour of duty,
shall be paid at his overtime rate pursuant to Article 15, Overtime/Compensatory Time, for either
the three (3) hour minimum or for the number of hours elapsed from the scheduled end of his/her
tour of duty to the end of the court proceedings, whichever is greater.
13.7 Bargaining unit members who are on authorized disability or sick leave, and are obligated
to have a physical prior to reporting for work, shall not receive call -in or overtime pay.
Article 14
TRANSFERS
14.1 It shall be the sole right of the Chief of Police to transfer bargaining unit members
provided however, transfers cannot be made for punitive reasons. Bargaining unit members shall be
notified six (6) calendar days prior to transfer, except when, the nature of a particular situation
requires an immediate but temporary reassignment, or an employee returns to work on a
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limited/light duty status and the bargaining unit member's physical limitations preclude the
bargaining unit member from being assigned to his/her previous assignment.
14.2 A transfer means a change for more than five (5) consecutive working days, a change in
hours, or a change in days off. Specifically excluded from the six (6) day notification requirement
are temporary changes of hours or days off necessitated by special events (except for the special
events of Calle Ocho, Three King's Parade, Martin Luther King's Parade or any draft event held on
New Year's Eve), civil disturbances, acts of God, and other emergency situations as determined by
the Chief of Police. The six (6) days' notice shall be waived upon consent of the bargaining unit
member.
Article 15
OVERTIME/COMPENSATORY TIME
15.1 Bargaining unit members shall be paid one and one half (1 %2) 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'/2) at their straight time hourly rate of pay or shall be given
compensatory time at the rate of time and one-half (1 %2) for such work. This overtime rate shall be
all-inclusive and no additional compensation in the form of additional holiday pay, etc., shall be
paid.
15.3 The parties agree that the daily overtime requirements as set forth in this contract shall not
apply in any future FLSA litigation concerning a matter for which daily overtime is not currently
paid or for off -duty maintenance of any take home equipment used in the scope of employment.
Practices instituted by management are not subject to the foregoing sentence.
15.4 The maximum accumulation of compensatory time hours is two hundred (200). Any
hours in excess of two hundred (200) will be paid out at current hourly rate. Bargaining unit
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members are encouraged to request compensatory leave far in advance as possible. Request for
compensatory time must be made ten (10) days prior to the requested day(s). A maximum of forty
(40) compensatory time hours per month shall be authorized to be utilized when minimum staffing
cannot be maintained as determined by the Chief of Police or designee. A maximum of ten (10)
compensatory time hours shall be authorized to be utilized on Friday, Saturday, or Sunday when
minimum staffing cannot be maintained as determined by the Chief of Police or designee.
Compensatory time shall not be utilized in conjunction with vacation or training when minimum
staffing cannot be maintained as determined by the Chief of Police or designee. When minimum
staffing cannot be maintained as determined by the Chief of Police or designee, then compensatory
time shall not be utilized during the holidays listed in Article 20 — Holidays, or during special
events e.g., Halloween, Super Bowl, etc., when major deployment of personnel is required.
Requests submitted within ten (10) days prior to the requested day(s), may be granted at the sole
discretion of management pursuant to minimum staffing. When a bargaining unit member takes
compensatory time off, the hours in his bank shall be appropriately reduced by such time off. If a
bargaining unit member leaves the service of the City and cashes in his bank, the hours therein shall
be valuated on the basis of the rate of pay earned by the bargaining unit member during the last pay
period.
15.5 In the event, a state of emergency is declared due to an act of God, and the City Manager
grants emergency leave, such leave shall not be included in determining eligibility for 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.
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15.7 The parties agree that assignments of overtime work shall rest solely with the Chief of
Police.
15.8 The parties agree that the assignment of overtime work is on an involuntary basis and any
bargaining unit member refusing assignment of such work is subject to disciplinary action as
deemed appropriate by the Chief of Police.
Article 16
4-10 WORK SCHEDULE
16.1 Those operations currently working a four (4) day, ten (10) hour work schedule will
continue through the life of this Agreement. Bargaining unit members working in the following
units will, effective upon ratification of this agreement, be placed on a 4-10 Work Schedule:
A Court Liaison 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 emergency 4-10 Work
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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 an across-the-board wage increase as follows:
October 1, 2007
October 1, 2008
October 1, 2009
3%
3%
3%
18.2 Any bargaining unit member hired on or after the effective date of this agreement, and any
existing bargaining unit member hired prior to the effective date of this agreement 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 eligible to be paid at Step 1 of the salary range. Thereafter,
bargaining unit members shall be eligible for step increases every six (6) months through Step 16.
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 or unless provided otherwise in this
article.
Bargaining unit members hired directly as certified Police Officers with prior law
enforcement experience, not including corrections, or bargaining unit members hired from other
police agencies as 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 2
2 — 4 years experience Step 4
4 — 6 years experience Step 6
6 years or more experience Step 8
Newly hired bargaining unit members shall complete six (6) months of satisfactory
performance in the Field Training Officer (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 A new pay structure will be implemented the first full pay period following ratification of
the labor agreement by the parties, providing for two and one-half percent (2.5%) increases every
six (6) months for steps 2 through 16. Bargaining unit members will have their salaries
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immediately adjusted to reflect the new pay structure. Future step increases will require satisfactory
evaluations. Should a modification to the City of Miami's Fire Fighters' and Police Officers'
Retirement Trust (F.I.P.O.) and corresponding City of Miami Ordinance be made to the
Pension/COLA in such a manner as approved by the City that achieves an actuarially determined
long term (not less than 10 years) and sustainable thirty seven percent (37%) or less of payroll by
September 30, 2008, then bargaining unit members' across-the-board wage increase stipulated in
Section 18.1 of this collective bargaining agreement will be increased retroactively to six percent
(6%) for October 1, 2007; four percent (4%) for October 1, 2008, and four percent (4%) for October
1, 2009 except for bargaining unit members who dropped prior to the enactment of this provision.
Additionally, bargaining unit members shall be eligible for an additional retroactive two and one-
half percent (2.5%) increase for steps 17 and 18. Bargaining unit members who entered the DROP
before the enactment of section 18.4 of this article shall only be eligible for the retroactive increase
for across-the-board wages affecting the DROP. Additionally, the bargaining unit member who
entered the DROP before the enactment of section 18.4 of this article will only be eligible for the
additional retroactive two and one-half percent (2.5%) increase for steps 17 and 18 for wages only
and shall not be used to recalculate pension benefits.
18.5 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.
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.
18.6 Upon the enactment of section 18.4 of this agreement, bargaining unit members will
become eligible for two (2) new two and one-half percent (2.5%) increases at steps 17 and 18.
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Upon implementation of these two (2) new steps, section 18.5 will be null and void and no longer in
effect.
18.7 Any City of Miami employee, unless a former City of Miami police bargaining unit
member as specified in 18.8, 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 above.
18.8 Former police bargaining unit members who left the employment of the City of Miami
Police Department under honorable conditions, as determined by the Chief of Police in his/her sole
discretion, and who were approved by the Chief of Police, shall be placed on a reemployment list
provided the former bargaining unit member 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 for such employees shall be
determined by the Chief of Police in his/her sole discretion, but shall not be less than
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twelve (12) months nor more than eighteen (18) months, unless extended by the
department.
18.9 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 "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.
(d) No sustained IA investigations with a reprimand as discipline
within the past two (2) years.
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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.
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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. "Police Officers (Investigators) and Sergeants (Investigators) assigned to the Office
of the Chief, Investigations 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 five percent
(5%) 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
(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.
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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)
supplementary 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 Police Officer (Investigator) and SergeantjInvestigator)
Committee.
4. 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
18.10 Bargaining unit members active in the below listed assignments shall receive a pay
supplement as indicated:
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A. Certified Instructors (CJIS) assigned to MPD Training Unit - two percent (2%).
B. Crisis Intervention Teams two and one half percent (2.5%)
18.11 Bargaining unit members assigned to motorcycle positions shall have their salary rates
increased fifty ($50) dollars per month higher than the base salary rate of the like classifications of
Police Officer, Sergeant, Lieutenant, and Captain.
18.12 All active sworn bargaining unit members shall receive Crime Prevention pay in the
amount of seventy six dollars and ninety-two cents ($76.92) biweekly. Crime Prevention pay shall
be subject to pension deductions and applicable federal taxes and shall be included in calculating a
bargaining unit member's average earnings for pension purposes.
All hours of leave of absence without pay shall be deducted from the Crime Prevention
payment on the basis of ninety six cents ($.96) per hour.
18.13 Any bargaining unit member, upon normal retirement from City service, or separating
under honorable conditions, as determined by the Chief of Police in his/her sole discretion, who has
served for a period of twenty-five (25) years or more, shall be granted, at the time of his/her normal
retirement or honorable separation one hundred seventy-three and three tenths (173.3) hours of pay,
provided such pay shall not be included in calculating a bargaining unit member's average earnings
for pension purposes.
18.14 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 but continues to receive
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
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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.
18.15 Shift differential shall be paid for assigned work between the hours of 6:00 p.m. and 7:00
a.m. according to the following schedule:
a) Police Officer - $.45 per hour
b) Sergeant $.55 per hour
c) Lieutenant $.65 per hour
d) Captain $.65 per hour
A bargaining unit member that works less than four (4) hours during the established shift
differential time period (6:00 p.m. to 7:00 a.m.) will not be entitled to shift differential pay.
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.
18.16 Bargaining unit members shall become eligible for a three percent (3%) longevity increase
after ten (10) years of service, and a two percent (2%) longevity increase after twelve (12), fourteen
(14), sixteen (16), eighteen (18), twenty (20), twenty two (22), and twenty four (24) years of service
based on their most recent date of hire as classified City of Miami employee(s); provided, however,
bargaining unit members shall not receive longevity increases within twelve (12) months of receipt
of a previous longevity increase or while in probationary status. City service time as a part-time or
temporary employee, including, but not limited to, Public Service Aide shall not be included for
purposes of determining eligibility for ten (10), twelve (12), fourteen (14), sixteen (16), eighteen
(18), twenty (20), twenty two (22), and twenty four (24) year longevity increases.
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18.17 All changes in salary because of promotion, demotion, merit step and/or longevity
increase, etc., shall begin to accrue the effective date of the change, but actual payment for the same
shall not be made until the first full pay period following the effective date of change.
18.18 Leaves of absence without pay, or suspensions of any duration, shall cause the effective
date of the merit increase to be deferred by the same number of work days equal to said leave.
18.19 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.
18.20 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 bargaining unit member 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.
20.3 Bargaining unit members performing work on any of the above holidays shall be paid time
and one-half (1'/2) of their straight time hourly rate or shall be given scheduled compensatory time
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at the rate of time and half (11/2) but such pay for a holiday worked shall not be paid in addition to
overtime pay.
20.4 All conditions and qualifications outlined in Article 15, titled "Overtime/Compensatory
Time," shall apply to this Article. Hours of earned time accumulated under this Article, when
added to the compensatory time earned under the Article titled "Overtime/Compensatory Time,"
shall not exceed two hundred (200). Those bargaining unit members who are assigned to
administrative positions shall observe holidays on the same dates as the civilian employees of the
City.
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 sworn 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 designee, however, such
replacement shall require the requesting party to turn in the uniform he/she is requesting to be
replaced.
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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 separate from employment
under honorable conditions with ten (10) years of service shall be awarded his/her vest upon
request.
22.5 As determined by the Chief of Police or designee, bargaining unit members shall
reimburse the City for the repair or current replacement cost of lost, stolen, or damaged City
equipment when the bargaining unit member's careless and/or negligent act(s) resulted in the loss,
theft, or damage. A city issued vehicle damaged by a bargaining unit member will follow the Police
Department Orders regarding City issued vehicle accidents. In any grievance of an action taken
under this section, the City shall bear the burden of proof.
22.6 Bargaining unit members 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
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provides uniform or alternative clothing shall not be entitled to a clothing allowance. All uniformed
and nonuniformed 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 transfers 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 (3`d) 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.
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
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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.
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.
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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
Association (MAAA) or a Fellow of the Academy of Actuaries Association (FAAA). The cost of
the third party will be shown as a cost to the F.O.P. Health Trust and the City will pay sixty five
percent (65%) as part of the total plan costs. To extend there is an impact on the Trust due to the
"Government Accounting Standards Board ("BASB") issued Statement No. 45 ("GASB"), such
impact will be excluded from the funding calculations for total plan cost as stated in the collection
bargaining agreement.
The City reserves the right to request monthly claims reports for monitoring purposes and
to conduct a projection analysis and plan review should the F.O.P. Health Trust fund drop below
three million dollars ($3,000,000) at any time during the plan year in determining contribution
adjustments. Plan adjustments will be made no more than once a year and implemented at the
beginning of each calendar year.
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,
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and plan projection for upcoming plan years, and legal discussions pertaining to the F.O.P. Health
Trust that do not involve the City of Miami. The appointed representative will sign a confidentiality
agreement and follow the plan's rules and guidelines. HIPAA certification is required by the City's
designees to attend these meetings, therefore, the F.O.P. agrees to provide such certification
training.
24.3 If the total F.O.P. Health Trust fund drops below two million three hundred fifty thousand
dollars ($2,350,000) over the combined twelve (12) months of each of the Funds' Fiscal Years,
then the City agrees to reimburse the F.O.P. Health Trust for the difference bringing the F.O.P.
Health Trust fund balance up to the two million three hundred fifty thousand dollar ($2,350,000)
level. Should a reimbursement be necessary, the City shall pay the difference to the F.O.P. Health
Trust within thirty (30) days of receiving notice of the specified Fiscal Year based on the Funds'
financial statement and confirmed by the yearly audit and adjusted accordingly.
For each Fiscal Plan Year, any claims older than three and one-half (3 1/2) months shall
not be charged as a debit to bring the total of the fund below the two million three hundred fifty
thousand dollar ($2,350,000) level. Delays in submitting claims caused by the review process and
the ordinary course of processing claims shall not be subject to the three and one-half (3 1/2) month
period.
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
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members shall be eligible to participate in the F.O.P.'s plan, but shall forfeit the right to participate
in the City's plan.
24.5 Upon request, the F.O.P. and its insurance plan administrator shall permit the City to
review any records related to the F.O.P.'s health insurance plan.
24.6 The F.O.P.'s plan shall provide health insurance benefits that are reasonably comparable
to those provided by the City's plan.
24.7 The F.O.P. shall indemnify, hold the City harmless, against any claim, demand, suit, or
liability and for all legal costs arising in relation to the implementation or administration of the
F.O.P.'s health insurance plan.
24.8 The F.O.P. agrees to enroll sworn management personnel in its plan if those individuals
elect such coverage.
24.9 If there is a dissolution of the F.O.P. Health Trust, all plan participants under the F.O.P.
Health Trust will maintain the right to elect coverage under the City's current Health Benefit Plan.
Additionally, the final dissolution of the F.O.P. Health Trust and distribution of 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.
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25.2 The City shall remit deductions of dues during the week following each biweekly pay
period to a duly authorized representative as designated in writing by the Union. The F.O.P. shall
remit to the City the amount of five hundred dollars ($500.00) per payroll year for administrative
cost. This amount shall be payable in full at the beginning of each payroll year.
25.3 In the event a bargaining unit member's salary earnings within any pay period, after
deductions for withholding, Social Security, retirement, group health insurance, and other priority
deductions, are not sufficient to cover dues it will be the responsibility of the F.O.P. to collect its
dues for that pay period directly from the bargaining unit member.
25.4 Deductions for the Union dues shall continue until either:
A. Revoked by the bargaining unit member by providing the City with thirty (30)
days' written notice that he is terminating the prior check off authorization,
B. The separation of employment of the authorizing bargaining unit member,
C. The transfer, promotion, demotion of the authorizing bargaining unit member out
of this bargaining unit,
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 member's
absence as a result of utilizing the Organization Time Pool, the daily attendance record shall reflect:
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"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 (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
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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, 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.
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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.
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.
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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.
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 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.
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30.4 Upon approval of the Chief of Police, and the City Manager or his/her designee, a leave of
absence without pay may be granted for a period not to exceed ninety (90) days. Approval or denial
of said leave of absence without pay is at the sole discretion of the City Manager or his/her
designee and shall not be reviewable through the Grievance Procedure, including arbitration, or
appealable to Civil Service Board.
30.5 Bargaining unit members who desire to take a leave of absence without pay for any reason
specified in this Article, excluding serious health condition, must first use all accrued vacation, sick
and compensatory leave prior to taking a leave without pay. A bargaining unit member requesting
leave without pay for a serious health condition under the Family and Medical Leave Act must first
use all sick, vacation, and compensatory leave prior to taking leave without pay.
30.6 Unless required by law, bargaining unit members who take a leave of absence without pay
pursuant to this Article shall not accrue seniority or leave time. At the expiration of a leave of
absence without pay, the bargaining unit member shall be returned to the position vacated when
said leave of absence without pay was granted unless otherwise prohibited by physical limitations.
Leave of absence without pay during the required probationary period of service shall extend the
probationary period equal to the length of time used during the said leave of absence without pay.
30.7 The acceptance of another position or engaging in other employment by the bargaining
unit member while on a leave of absence without pay shall constitute an automatic voluntary
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.
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Article 31
VACATION
31.1 Vacation shall be calculated on actual service in the previous calendar year and shall only
be taken after the completion of six (6) months of actual continuous service. If a bargaining unit
member is employed prior to the 15th of the month, it shall be considered as a full month of service
and count in prorating vacation. Crediting vacation shall occur in January of each year and shall be
calculated on actual service in the previous calendar year.
31.2 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
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rate of pay the bargaining unit member was earning at the time the bargaining unit member was
placed on disability. If a bargaining unit member is unable to take a previously authorized vacation
due to cancellation by his/her Department, any hours in excess of the two hundred (200) hours
which would have been forfeited shall be paid for at the bargaining unit member's January 1, hourly
rate of pay, and any reasonable documented expenses incurred due to the cancellation will be
reimbursed to the bargaining unit member.
31.5 A bargaining unit member's annual vacation accrual shall be reduced for leaves of absence
without pay and suspensions. The bargaining unit member's annual vacation accrual shall be
reduced on a yearly basis in accordance with the following schedule:
Hours Without Pay Penalty
88 176 Hours 1 month annual vacation accrual
177 349 Hours 2 months annual vacation accrual
350 522 Hours 3 months annual vacation accrual
523 695 Hours 4 months annual vacation accrual
696 - 868 Hours 5 months annual vacation accrual
869 1041 Hours 6 months annual vacation accrual
1042 1214 Hours 7 months annual vacation accrual
1215 1387 Hours 8 months annual vacation accrual
1388 1560 Hours 9 months annual vacation accrual
1561 1733 Hours 10 months annual vacation accrual
1734 1906 Hours 11 months annual vacation accrual
1907 2080 Hours 12 months annual vacation accrual
31.6 Vacation leave must be requested twenty-four (24) hours in advance of use and shall be
taken in increments of not less than one (1) hour. Vacation leave may be granted by the Police
Chief or designee on an emergency basis. Upon separation of the bargaining unit member from
City service the bargaining unit member shall be paid for all earned vacation at the bargaining unit
member's hourly rate.
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
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payment to the Labor Relations/Deputy Director, Department of Employee Relations whose
decision is final. Decisions of the Labor Relations/Deputy Director, Department of Employee
Relations are not appealable in any forum.
31.8 Vacation leave cannot be used in lieu of sick leave unless otherwise indicated in this
Agreement.
31.9 Bargaining unit members who retire upon normal service retirement (Rule of 64 or Age
50) may, at their sole discretion, make an irrevocable election in the calendar year prior to the
calendar year in which the bargaining unit member severs service from the City of Miami to convert
any portion of their accumulated vacation time to sick time at the time of severance of service.
Article 32
BLOOD DONORS
32.1 Bargaining unit members covered by this Agreement who volunteer as blood donors to
contribute to City approved Blood Donor Organizations will be authorized the absence necessary to
accomplish this purpose. The Blood Donor Organization's personnel will determine what amount
of time the donor will need from the point of donation till they are released to go back to work.
Article 33
SICK LEAVE
33.1 The parties agree that care and discretion shall be exercised by Management and the
F.O.P. in order to prevent the abuse of sick leave privileges. Absences for trivial reasons must be
discouraged. To determine the extent or reasons for a bargaining unit member's absence on sick
leave, the bargaining unit member's immediate supervisor or a Management designee may visit the
home of the bargaining unit member on sick leave with pay. In cases where Management suspects
that a bargaining unit member is malingering, sick leave with pay shall not be granted.
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33.2 Permanent bargaining unit members who are in pay status at least one hundred and twenty
(120) hours per month shall accrue up to eight (8) hours sick leave per month, to be utilized in not
less than one (1) hour increments.
33.3 Bargaining unit members in probationary status will accrue sick leave in accordance with
Section 33.2., however, no sick leave with pay will be granted during the employee's first ninety
(90) days of employment.
33.4 To receive sick leave with pay, a bargaining unit member must notify his/her immediate
supervisor or designated Police to Department personnel of illness at least fifteen (15) minutes
before the scheduled starting time of his/her shift. The bargaining unit member is responsible for
notifying a supervisor within his/her District/assignment each day he/she is out ill, unless previously
approved by a supervisor.
33.5 Any bargaining unit member absent on sick leave for more than three (3) consecutive
work days must report to the Department of Employee Relations and obtain approval before
returning to work.
33.6 Other banked leave time may be substituted for sick leave only when a bargaining unit
member has depleted all of his/her sick leave bank.
When a bargaining unit member has depleted all of his/her leave time balances and has not
been approved for Family Medical leave as outlined in Article 28 of this Agreement, he/she will be
as follows:
— Illness without Pay
33.7 All bargaining unit members covered by this Agreement may be allowed to use up to
eighty (80) hours of accrued sick leave in any one calendar year due to serious injury or acute
illness of any actual member of the bargaining unit member's immediate family. The immediate
family shall be defined as father, mother, sister, brother, husband, wife, children, father-in-law,
mother-in-law, grandparents, spouse's grandparents, stepfather and/or stepmother.
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33.8 Bargaining unit members who have not utilized any sick leave and/or who have not been
on disability or in a leave without pay status for the full payroll calendar year shall receive eight (8)
hours of commendation paid leave.
33.9 Bargaining unit members covered by this Agreement who exercise normal retirement
(excluding bargaining unit members who leave on vested rights) shall be paid for one hundred
percent (100%) of accumulated sick leave up to 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.
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
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provided by the City. Except as provided above, donations of leave time shall not be authorized.
Should there be extraordinary circumstances beyond what is contained in this Article, a bargaining
unit member may request consideration from the Director of Employee Relations or designee for a
time transfer. The Director of Employee Relations or designee decision shall be final.
33.15 Bargaining unit members who are eligible for retirement may, at their sole discretion,
make an irrevocable election in the calendar year prior to the calendar year in which the bargaining
unit member severs service with the City of Miami to convert any portion of their accumulated sick
time to vacation time at the time of severance of service. The conversion of sick time to vacation
time shall be at the rate of one hundred percent (100%) of accumulated sick leave up to one
thousand (1,000) hours and fifty percent (50%) of accumulated sick leave above one thousand
(1,000) hours.
33.16 Effective upon implementation of the Post Employment Health Plan, b Bargaining unit
members covered by this Agreement shall have credited to their Post Employment Health Plan
account one hundred percent (100%) of accumulated sick leave up to one thousand (1,000) hours*
and fifty percent (50%) of accumulated sick leave above one thousand (1,000) hours at time of
severance of service with the Department, including any vacation converted under Article 31,
Section 31.9.*
*NOTE: Any vacation leave time balances that are converted to sick leave under Article 31-
Vacation, Section 31.8 shall be added over and above the 1,000 hour limitations set forth in Section
33.15.
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Article 34
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
34.1 In an effort to identify and eliminate on or off duty controlled substance abuse and on duty
alcohol abuse, a bargaining unit member will be ordered to undergo a urinalysis/blood test
immediately upon notification as provided herein:
A. Following any vehicular accident occurring on -duty, on an off -duty detail, or
traveling to or from same, and/or involving bargaining unit member(s) while driving
a City vehicle or rented vehicle, where a staff level officer has reasonable belief
based upon objective factors that the involved bargaining unit member(s) may be
under the influence of alcohol or any controlled substance, unlawful, mind -altering,
or non -physician prescribed drugs.
B. Where a staff level officer has a reasonable belief, based upon objective factors that
a bargaining unit member is under the influence of any illegal drug or controlled
substance not prescribed for him/her by a licensed physician.
1) If the reasonable belief giving rise to the testing order arises while the
bargaining unit member is on duty, a reasonable effort shall be made to have
the test performed while he/she is still on duty or as soon thereafter as is
practical.
2) In the event that the reasonable belief arises while the bargaining unit member
is off duty and the bargaining unit member is not at the scene of an accident,
arrest, or other event he/she shall be directed to undergo a urinalysis/blood test
immediately unless there are compelling reasons to wait until the next tour of
duty or the next morning, whichever occurs first.
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
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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:
Initial Test Level (ng/m1) GC/MS Level (ng/ml)
Cannabis (Marijuana) Metabolites 50 15
Cocaine Metabolites 300 150
Opiate Metabolites 2000 In accordance with levels
specified by Department of
Human Services Federal
Register, Part III, dated April
13, 2004.
Phencyclidine 25 25
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Amphetamines 1000
Methaqualone 300
Methadone 300
Propoxyphine 300
500
150
150
150
Tricyclic Antidepressants 300 150
Ketamine (Industry Standards)
Gamma-hydroxybutyrat (Industry Standards)
Methylenedioxymethampetamine (Industry Standards)
(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
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
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method before administrative action is commenced, by testing the second portion of
the sample tested.
G. Pursuant to applicable law, a medical review officer (MRO) shall notify the
Bargaining unit members of a positive result. Notice to the bargaining unit member
of the test being positive shall be considered to have been served upon the bargaining
unit member by the MRO upon oral communication.
H. All chemical tests shall be conducted as soon as practical, preferably the same day.
I. The F.O.P. will be advised of passed or failed tests to the extent that the releasing of
such data is not inconsistent with Federal or State laws regarding the privacy of said
test, unless the individual involved does not want the test results released to F.O.P.
34.3 Where a bargaining unit member alleges that an order made under this section is not
consistent with the criteria cited herein, he shall comply with the order, and may simultaneously file
a protest with the communicator of the order. Disputes arising out of such protests shall be
arbitrable under Article 6 of this Agreement.
34.4 Refusal to comply with an order to submit to substance/alcohol screening will constitute
grounds for termination. The bargaining unit member refusing to be tested shall be placed on leave
without pay pending the final determination.
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.
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Article 35
HEART BILL/PHYSICALS
35.1 Upon ratification of this collective bargaining agreement by both parties, bargaining unit
members who during the course of their employment with the City, demonstrate having any
condition or impairment of health caused by tuberculosis, heart disease, or hypertension resulting in
total or partial disability or death shall be presumed to have been accidental and to have been
suffered in the line of duty unless the contrary be shown by competent evidence. However, any such
bargaining unit member shall have successfully passed a physical examination upon entering into
service as law enforcement officer, which examination failed to reveal any evidence of any such
condition. Such presumption shall not apply to benefits payable under or granted in a policy of life
insurance or disability insurance, unless the insurer and insured have negotiated for such additional
benefits to be included in the policy contract.
35.2 This section shall be construed to authorize the City to negotiate policy contracts for life and
disability insurance to include accidental death benefits or double indemnity coverage which shall
include the presumption that any condition or impairment of health of any kind caused by
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
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receive a sum of two hundred thousand dollars ($200,000) from the City of Miami upon said
bargaining unit member's death. Application shall be made to the Department of Employee
Relations for payment of such death benefits.
Article 37
NON DUTY COURT APPEARANCE
37.1 Attendance in court in response to legal order or subpoena to appear and testify in private
litigation not in connection to bargaining unit member's official duty, but as an individual shall be
taken as vacation, compensatory leave, or leave of absence without pay. Attendance in court in
response to a subpoena to appear and testify in connection with a bargaining unit member's official
duty, including being called as a witness by the defense (excluding testimony as a character
witness) shall, if testimony is given while on duty be paid at the bargaining unit member's straight
hourly rate or, if testimony is given while off -duty be paid at one and one half (1 1/2) times the
bargaining unit member's straight time rate and considered overtime worked.
Article 38
RESIDENCY
38.1 It is agreed that while residency is not a condition of employment a candidate that is
otherwise equally qualified will be given, at time of hire, preference for employment in order of
domicile as follows: (1) City of Miami resident, (2) Miami -Dade County resident, (3) resident
outside of Miami -Dade County.
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Article 39
PENSION
39.1 Deferred Retirement Option Plan. 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 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 up to a maximum of forty-eight (48) months.
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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.
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.
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2. A member may defer payment until the latest date authorized by Section
401(a)(9) of the Internal Revenue Code.
G. Disability or Death
1. Disability - A DROP participant shall not be entitled to receive an ordinary or
service disability retirement.
2. Death - In the case of the death of a DROP participant, there shall be 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
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the member would have received had the member separated from service and
commenced the receipt of benefits from the system. The amount of the monthly
benefit shall be determined based on the creditable service, average final
compensation, and retirement option selected in accordance with Section 40-203(m)
of the Miami City Code. Upon conclusion of a period of participation in the DROP
not to exceed the maximum set forth in Section 39.1 C, the member shall terminate
employment with the City of Miami.
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 other 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 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 Chief's
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. 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.
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C. Twenty-four (24) hour vehicles will only be used for personal reasons within the
boundaries of the City of Miami.
D. Under no circumstance will a City vehicle be used to transport a passenger outside
the scope of his/her official City business.
E. Any bargaining unit member involved in a vehicular accident determined to be
preventable by the Accident Review Board will lose the privilege of a twenty-four
(24) hour vehicle as follows:
Reasonable action
No injuries
Under $1,000 damage
Reasonable action
No injuries
Over $1,000 damage
No Loss
1 Month
Reasonable action 2 Months
Injuries
Unreasonable action 3 Months
No injuries
Unreasonable action 6 Months
Injuries
F. The above -mentioned sanctions will be imposed in addition to any disciplinary
actions that may be imposed by the City.
G. 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.
H. Departmental policy on the use and operation of police vehicles shall apply.
I. 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
76
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.
J. 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).
(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.
K. 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:
77
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.
Article 42
TUITION REIMBURSEMENT
42.1 The tuition reimbursement program is designed to encourage bargaining unit members to
improve their job performance and increase their value to the City by pursuing courses of study
related to their job duties in accredited technical school, college or university and/or any approved
accredited on-line college/university in the United States where accreditation is recognized by the
United States Department of Education,. Other educational programs may be covered, provided the
City and the F.O.P. mutually agree upon inclusion of the educational program.
42.2 Any full-time 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
78
otherwise noted in the course announcement and authorized by the City Manager or the Labor
Relations/Deputy Director Department of Employee Relations.
42.4 Reimbursement will be limited to actual tuition costs up to a maximum of one thousand
dollars ($1,000) per calendar year. Books, housing, incidental fees, and all other fees and costs
related to the course work will not be reimbursed by the City.
42.5 To be eligible for reimbursement, the bargaining unit member must successfully complete
the course work and provide evidence of a grade of "C" or better to the City.
42.6 Procedures for reimbursement will be as follows:
A. The bargaining unit member must obtain three (3) copies of the Application for
Tuition Reimbursement form for each course from the Police Department or the
Employee Relations Department.
B. The bargaining unit member must complete the application in triplicate and submit it
to the Chief of Police prior to registration at the education institution.
C. The Chief of Police will review the application and if he/she approves, 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
79
bargaining unit member upon his/her termination from the City through a deduction from his/her
final paycheck.
42.8 Upon completion of the course work, the bargaining unit member must submit his/her
semester grade report together with the tuition fee receipt to the Chief of Police. The Chief of
Police will submit the approved application for tuition reimbursement along with the bargaining
unit member's semester grade report to the Finance Department who shall then reimburse the
bargaining unit member for the City's share of the tuition reimbursement. The Chief of Police will
advise the Employee Relations Department of the bargaining unit member's satisfactory completion
of the course.
Article 43
POST EMPLOYMENT HEALTH PLAN
43.1 The parties agree that the F.O.P. will establish the Fraternal Order of Police, Lodge #20,
Post Employment Health Plan ("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.
80
Article 44
PENSION STABILIZATION
44.1 The City of Miami and the Fraternal Order of Police, Lodge No. 20 (F.O.P.) agree to pursue
changes to the provisions of the FIPO COLA Fund and to develop and implement with the FIPO
Pension Board Trustees a contribution stabilization fund so that total City contributions to the
pension fund do not exceed 37% of pensionable payroll for a long- term sustainable period of not
less than 10 years no later than the fiscal year ending September 30, 2008. In the event that the
changes made to the FIPO COLA Fund and establishment of a contribution stabilization fund do not
accomplish this agreed objective, or if such changes are not timely implemented, then this article
will be reopened for bargaining changes to any pension items not enumerated in Article 39 of this
Agreement, until the not-to-exceed-37%-of-payroll, long-term funding objective is met.
Article 45
TERM OF AGREEMENT
45.1 After a majority vote of those bargaining unit members voting on the question of
ratification and thereafter upon its ratification by an official resolution of the City Commission
ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of the
City, then the Agreement, upon being signed by the appropriate F.O.P. representatives and the City
Manager, shall become effective October 1, 2007, except where otherwise stipulated. The
Agreement shall continue in force and effect until 11:59 p.m., September 30, 2010.
45.2 On or before April 1, 2010 , the F.O.P. shall notify the City in writing of its intention to
renegotiate the Agreement in force, and attached thereto shall include a complete list of proposals
which shall inform the City of the articles which they desire to negotiate, together with specific
language embodying and describing their proposals. The changes indicated in the proposals shall
81
be designated by article numbers and/or section numbers with a strike through of deleted language
(sample) and new language will be underlined (sample).
45.3 On or before May 1, 2010, the City will present the F.O.P. with a list of proposals it
desires to negotiate, together with specific language describing its proposals. The changes indicated
in the proposals shall be designated by article numbers and/or section numbers with a strike through
of deleted language (sample) and new language will be underlined (sample).
45.4 Initial discussions shall thereafter, and no later than June 1, 2005, be entered into by the
City and the F.O.P.
45.5 If any provision of this Collective Bargaining Agreement is in conflict with any law,
ordinance or resolution over which the City Manager has no amendatory power, the City Manager
shall submit to the City Commission a proposed amendment to such law, ordinance or resolution.
Unless and until such amendment is enacted or adopted and becomes effective, the conflicting
provision of the Collective Bargaining Agreement shall not become effective. The City
Administration shall expedite such proposed amendments to the City Commission.
45.6 If a Constitutional Amendment is adopted which reduces the City's ability to acquire
revenue and causes the City Manager to deem necessary the under funding of this Agreement, the
parties shall promptly reopen negotiations on wages and monetary fringe benefits, pursuant to the
following representations:
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.
82
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.
ATTEST:
ATTEST:
FRATERNAL ORDER OF POLICE
WALTER E. HEADLEY, JR.
MIAMI LODGE NO. 20
ON THE PART OCITY OF MIAMI,
MIAMI, FLORIDA
83
CITY CLERK
APPROVED AS TO FORM
CORRECTNESS
ORNEY
ANNEX A
MEMORAMDUMS OF UNDERSTANDING
FOR INCLUSION IN THE AGREEMENT
BETWEEN THE CITY OF MIAMI
AND THE FRATERNAL ORDER OF POLICE
WALTER E. HEADLEY, JR.,
MIAMI LODGE NO. 20
Memorandum of Understanding between
'The City of Miami
And
The Fraternal Order of Police Lodge 20
DUES CHECK OFF
Please note that effective 41c244 /l 02CD/
The City agrees to deduct Union 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.
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 F.O.P. 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 prorated for the present payroll year and payable in full as of
the beginning of each successive payroll year.
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.
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MEMORANDUM OF UNDERSTAND 1 NG
OFFICERS REYNOLDS, MAZZIERI, TOWNSEND AND WILLIAMS
FRATERNAL ORDER OF POLICE, LODGE NO. 20
The City of Miami and the Fraternal Order of Police, Lodge No. 20
hereby enter into this Memorandum of Understanding to resolve all
issues pertaining to the proper salary step placement of Officers
Vernell Reynolds, Osvaldo Mazzieri, Clifford Townsend and Altarr
Williams.
1)
Recognizing the previous sworn police work experience of the
above -specified officers, the City agrees to correct City
records to reflect placement at Step 3 of the salary range of
the classification of Police Officer effective upon their
date of hire with the City of Miami. Said officers shall
receive retroactive pay from date of hire as a result of
their placement at Step 3.
2) The calculation of any retroactive monies as a result of the
placement of the above -specified officers at Step 3 as
specified above shall not include any overtime hours worked.
3) It is agreed by the parties that sworn officers hired from
other police agencies as sworn City of Miami police officers
without being required to attend the academy shall be placed
at Step 1 of the classification of Police Officer.
The Fraternal Order of Police, Lodge No. 20 hereby agrees that
upon entering into the Memorandum of Understanding, the Fraternal
Order of Police, Lodge No. 20 shall not support any grievance or
appeal before the Civil Service Board, arbitrator or any other
forum on the proper salary step placement of any laterally hired
bargaining unit employee hired prior to the execution of this
Memorandum of Understanding.
I /(e!(611-------
'R. Sue Weller
Labor Relations Officer
ne)/ "A I " C6tera , President Date
F.O.P. , Lodge No. 20
//7
' Date
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO- R. Sue Weller
Labor Relations Officer
Office of Labor Relations
!Le, CSC- 7L Lc fl/
Donald H. Warshaw
Chief of Police
DATE :
JAN 0 6 199%
FILE PER 15
SUBJECT: CITY RESIDENCY REQUEST
REFERENCES :
ENCLOSURES:
i M 2 SO :
L4 (. ii i I:LA-ITQ )4TC
eE�i
Due to the unique processing requirements of Police Officer
applicants, it is impractical to impose a mandatory residency
requirement at the time of hire for all new police recruits.
These individuals are given very short notice of their impending
employment, therefore a 30-day exemption to the requirement is
needed.
Each of the twenty-five (25) individuals scheduled to attend the
Basic Law Enforcement class on January 9, 1995 have signed a
Conditional Offer of Employment, part of which states:
"Must have your domicile within City boundaries and is
required as a condition of your continual employment
with the City of Miami to be a bona fide resident of
the City for the life of your employment with the
City."
.Verification of their residency will be done by the police
department during this thirty -day period.
Your immediate attention to this matter is greatly appreciated.
DHW:RR:mp
A
1/Disapproval:
Disapproval:
President FOP
c)D,
R. Sue Weller
Office of Labor Relations
/-9-9
Date
1 Q ?:5:1
ate
PRESIDENT
ORNEL'AL' COTERA
VICE-PRESIDENT
RICHARD SAMOLEWICZ
SECRETARY
CHIP LANDRAU
TREASURER
ROBERT M. ANOERSON
PAST -PRESIDENT
RICHARD M. KINNE
Co.
Co.
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Dept.j
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The Only National Police Organization in the United Stales
WALTER E. HEADLEY, JR.
MIAMI LODGE No. ,20
3399 S.W. THIRD AVENUE MIAMI, FLORIDA 33t45
PHONE: (305) 854.5019
Cesar Odio, Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Dear Mr. Manager:
FACSIMILE: (305) 854-3861
January 6, 1994
During 1993, the City of Miami held examinations for entry-
level police officers. Currently there is a register with
approximately 1,.100 candidates that passed the written test. Of
these, approximately 250 live in the city. Those 250 are spread
throughout the list.
I find it both time consuming and inefficient that applicants
who do not currently qualify under the labor contract be processed
prior to those that already do. It is my request that there be a
selective certification based on domicile (Civil Service Rule 8)
and that all applicants who live in the city be processed first.
Not only would this be more expeditions, it would also follow
the true intent of both the Commission's and the Civil Service
Board's wishes.
cc:
Thanking you in advance for your consideration on this matter.
President
Honorable Steve Clark, Mayor
Angela Bellamy, Assistant City Manager
Calvin Ross, Chief of Police
City Manager
FROM : C a l y n .Rio s s
C of of Police
CITY OF ivMIAMI. FLORIDA
INTER -OFFICE MEMORAN 9.(, r, a
Eta it gnlil 3: I I
DATE : FILE
SUBJECT
Police Officer
Selective Certification
REFERENCES :
ENCLOSURES
✓_ .. �_.._1_t_J:...
a ..a:
I concur with the FOP's recommendation to impose selective
certification based on domicile for the Police Officer register
established on December 10, 1993.
The Department of Personnel Management has been requested to
prepare a new certified register. Since many candidates are in
the advanced stages of the background investigation process for
the February 28, 1994, academy class, this new register will be
used for subsequent police officer hiring.
I hope this information is of assistance to you.
CR:cc
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02:16;94 17:10 305 854 3861.
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In Qrder to
T.U.P. MIAMI 20 LABOR RELATIONS 171001/002
T, i C'.i t% .. g
MEMORANDUM OF UNDERSTANDING
nhance the implementation of Article 40. Sections
40.1 - 40.2 f the current collective bargaining agreement, the
parties agreeas follows:
1
) Cons
the
will
Istent with the second sentence of Section 5.3 of
Civil Service Rules, preference In certification
be given to those passing candidates on the now
existing police officer eligible register who live In
the ICity of Miami at the time of certification from the
reg i ter.
2) The number of passing candidates that may be certified
at
y one time from the now existing police officer
eligible register may exceed 60.
FOR THE FR&TE NAL ORDEP. OF
POLICE. MIAMI LODGE NO. 20
rnel Cotera, President
FOP, Lodge No. 20
FOR THE CITY aF MIAMI,
MIAMI FLORIDA
2 cJLe,
R. Sue Weller fate
Labor Relations Officer
Oa e
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
ro. Michael Eddy
Administrative Assistant III
Office of Labor Relations
R. Sue Weller
Labor Relations Officer
FROM
DATE : June 1, 1994
SUBJECT: FOP Contract
REFERENCES:
ENCLOSURES:
FILE :
While you were out, I received a call from Major Ray Martinez
wanting to know if Personnel Management is aware of the language
in the labor contract which specifiesthat lateral employees from
other police departments are to be placed at Step 1 when they are
hired. This provision is under Section 19.2 although it does not
specifically say lateral hires.
I think we sent something to Personnel Management on that.
Please see if you can find something on it and let me know.
RSW/sw
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO DISTRIBUTION BELOW
FROM R. Sue Weller
Labor Relations Officer
[ATE: July 6, 1992
FILE :
SUBJECT : Implementation of t h e
FOP Labor Agreement
10/1/91 - 9/30/93
REFERENCES:
ENCLOSURES:
On Tuesday, June 16, 1992, the Office of Labor Relations met with
representatives of the Computers Department, Finance Department,
Police Department and Personnel Management Department toreview
implementation of agreed upon changes to the labor agreement
between the City of Miami and the Fraternal Order of Police,
Lodge No. 20. The City Commission ratified this labor agreement
on April 2, 1992.
The following items were discussed at the June 16, 1992 meeting
and implementation procedures are noted:
1) Line of Duty Injuries -- Notification requirement of employee
injuries to the Claims Division of the Risk Management
Department. Establishment of a Labor/Management Committee
composed of not more than three representatives of management
and up to three representatives selected by the FOP to review
problems and concerns of each party with regard to the paying
of all medical and hospitalization expenses.
Labor Relations -- Send written notification to the
Police Department, FOP and Risk Management Department to
set up Labor/Management Committee.
2) Overtime/Compensatory Time -- Exclusion of overtime
requirements in future FLSA litigations concerning matters
for which overtime is not currently paid. Reference the 7K
exemption clause.
Labor Relations -- Will provide appropriate language to
the Police Department referencing 7K exemption clause no
later than July 1992.
Police Department -- Upon notification from Labor
Relations will print 7K exemption clause on department's
employee attendance report.
3) Wages -- Includes a 4% across-the-board salary increase
effective October 4, 1992. Upon ratification (April 2, 1992)
of the agreement, police recruits will be paid 12 1/2% per
DISTRIBUTION BELOW
-2- July 6, 1992
month less than Step 1 for a 6 month period. Those hired
directly as sworn police officers without attendance to the
academy may be placed at Step 1 for their full 18 month
probationary period.
Eligibility for a 10 year longevity increase based on date of
hire as police officer. Eligibility for a 15 and 20 year
longevity increase based on date of hire as a classified
employee. Part-time and/or temporary City service not
included when determining longevity eligibility. Time
without pay will defer longevity effective date.
Labor Relations/Computers -- The Labor Relatlons_Office
will work with Computers in determining the procedures
for inputting the 4% across-the-board increase effective
October 4, 1992.
Personnel Management -- Will develop a new salary
schedule illustrating the 4% across-the-board Increase
when feasible.
Police -- In identifying longevity Increase eligibility,
procedures will need to be Implemented to Identify
previous Civil Service time in connection with 15th.and
20th longevity increases --providing for no more than one
longevity increase in a 12 month period. Application of
previous Civil Service status will be retroactive to
ratification of labor agreement (April 2, 1992).
Police Personnel will need to develop a memorandum of
understanding notifying police recruits of the 12 1/2%
pay reduction during 6 month probationary period.
Memorandum of understanding will be signed by recruits
during police background orientation.
4) Uniform Allowance -- New uniform allotment for sworn - up to
4 uniform trousers/skirts, 6 uniform shirts and 1 uniform hat
one each year. Upon fourth allotment, sworn personnel may
select 2 shirts, 2 trousers/skirts, and $105 combination of
uniform/leather. Upon fourth allotment, non -sworn personnel
may select 1 shirt, 1 trouser/shirt and $60 combination.
Vest reimbursement $450 male and $500 female.
Police -- Has been implemented by Police Property Unit.
DISTRIBUTION BELOW
-3- July 6, 1992
5) Group Insurance -- For FY'91-92, no Increase In the City's
contribution. FOP Health Trust shall be made whole If fund
drops below $2.6 million. FY'92-93, the City's biweekly
contribution rate for single health coverage will Increase
from $97.40 to $103.64 and for family coverage from $147.38
to $157.40. FOP Health Trust shall be made whole If fund
drops below $2.35 million. FY'91-92 and FY'92-93 claims
older than 3 1/2 months will not be debited to fund. No
benefit changes if result would be increased liability to
maintain funding levels.
Finance -- Increase City's contribution for single
coverage health insurance to $103.64 biweekly and —family
coverage to $157.40 biweekly for payroll period ending
October 17, 1992.
Labor Relations -- Coordinate efforts with Group
Insurance to audit the levels of the FOP Health Trust
Fund.
6) Employee Organization Time Pool -- Designation of "FOP" time
for payroll purposes for appearances before City Boards and
"AL" (administrative leave) time for appearances before the
City Commission.
Police -- Police Payroll Section will record "FOP" and
"AL" time as designated in the labor agreement.
7) Death in Family -- Death leave time ("K") must be taken
consecutively. Employee using "K" time required to provide
copy of death certificate within 30 calendar days from
return. Falsification for "K" time will result In employee's
dismissal.
Police -- Will monitor use of all "K" time by employee
consistent with provisions In the labor agreement.
8) Maternity Leave --- Provides for leave time for male employees
to care for and bond with newborn child with stipulations.
Police -- Will prepare Leave of absence requests to
initiate leave time for male employees after exhaustion
of all leave time excluding sick leave.
DISTRIBUTION BELOW
-4- July 6, 1992
Labor Relations -- Will approve or disapprove all
requests for leave of absences.
Personnel Management -- Will monitor all leaves of
absences particularly as it affects employee pay
increase eligibility.
9) Sick Leave --`Both labor and management encouraged to prevent
abuse of sick leave privileges giving management greater
latitude in determining extent of an employee's Illness
including authority to withhold sick leave pay If malingering
is expected. Language added specifying 8 hour accrual of
sick leave per month. Use of sick leave in not less -than 1
hour increments. No use of sick leave with pay during new
employee's first 3 months of service. Established guidelines
for employee notification to department when an Illness
occurs and procedure to follow when absent three or more
consecutive work days. After ratification (April 2, 1992)
provides for 8 hours commendation leave for perfect
attendance in full calendar year.
Police -- Will adhere to the provisions set forth in
labor agreement by monitoring closely employee's use of
sick leave. Will maintain accurate recordation of all
sick leave use as it relates to perfect attendance
program for the period April 5, 1992 through December
31, 1992. Thereafter, perfect attendance will be based
on a calendar year.
NOTE: Those employees on disability will be eligible
for the perfect attendance award.
Those employees relieved of duty with pay will be
eligible for perfect award program unless
subsequently separated from City employment or
other disciplinary action occurs resulting In a
without pay status whereby the 8 hours of awarded
commendation paid leave will be refunded to the
City.
10) Sworn Officers Killed in the Line of Duty -- Upon
ratification of labor agreement (April 2, 1992) an Increase
from $75,000 to $100,000 paid to beneficiary of deceased
sworn officer.
pISTRIBUTION BELOW
-5- July 6, 1992
Police -- Advise employees accordingly in the event of
line of duty death.
11) Term of Agreement -- Labor contract provides for a two year
agreement with provision for a reopener in September 1992 on
the 4/10 Plan and Residency for New Hires.
RSW/MCE/sw
DISTRIBUTION:
Angela R. Bellamy, Assistant City Manager
Carlos Garcia, Director, Finance Department
Robert Parcher, Deputy Director, Computers Department
Chief Calvin Ross, Police Department
Major Donald Warshaw, Police Department
Sergeant Tommy Rolle, Police Department
cc: Leo Lyttle, Computers Department
Benny Szklaver, Computers Department
Phillip Luney,.Assistant Director, Finance Department
Angel De Pedro, Accountant Supervisor, Finance Department
Sharon Simpkins, Personnel Unit, Police Department
Sara Powell Gordon, Payroll Unit, Police Department
Anna Salazar, Payroll Unit, Police Department
Mimi Turin, Personnel Unit, Police Department
Sujan Chhabra, Director, Risk Management
Cheryl Goicoechea, Group Benefits Supervisor, Personnel Mgt.
Josephine Argudin, Supervisor, Personnel Management
Phyllis Hurst, Supervisor, Personnel Management
Richard Timmons, Supervisor, Personnel Management
Vivian Vickers. Records Section, Personnel Management
MEMORANDUM OF UNDERSTANDING
FOP, LODGE NO. 20
This Memorandum of Understanding is entered into between the City of Miami
and the Fraternal Order of Police (FOP), Lodge No. 20 as it pertains to the future hiring
of employees, City obligations and modifications of the 1995-1998 labor agreement
between the City of Miami and FOP, Lodge No. 20.
Labor Agreement Modifications
(1) Effective upon ratification by the FOP bargaining unit and the City
Commission, the four percent (4%) across-the-board salary increase effective the first full
pay period following January 1, 1997, as specified in the 1995-1998 labor agreement, shall
be changed for receipt beginning the first full pay period following September 1, 1998.
(2) For those employees receiving workers' compensation indemnity benefits, in
recognition that workers' compensation pay is not taxed the FOP agrees that effective
upon ratification of this Agreement, the City shall only pay eighty (80%) percent of the
employee's regular base pay. When added to the worker's compensation portion the
employee will receive on the average one hundred (100%) of their salary not to exceed the
weekly net base pay (excluding overtime and any pay supplements) received prior to the
employee's line of duty injury, accident or occupational disease. The net pay may be
adjusted for Court ordered payments.
(3) Currently the City contributes approximately 3.6 million dollars annually to the
FOP Health Trust. Effective upon ratification of the Agreement the City's contribution
shall be reduced to approximately 2.25 mullion dollars annually for Fiscal Year 1996-97
and approximately 2..48 million dollars annually for Fiscal Year 1997-98. The reduction in
12/16./96
10.53 A1\4
the City'; contribution to the FOP Health Trust shall be accomplished through a reduction
in the City's biweekly contribution beginning the pay period of December 22, 1996. The
FOP agrees that for Fiscal Year 1996-1997 the City's biweekly contribution to the FOP
Health Trust for single and family health coverage shall be reduced in the amount of
$67,500 per pay period. Effective for Fiscal Year 1997-1998 it is agreed that the City's
biweekly contribution to the FOP Health Trust for single and family health coverage shall
be reduced in the amount of $42,949.65 per pay period.
(4) Effective upon ratification of this Agreement, uniforms, as specified in Article
23 - Uniform Allowance, shall not be issued throughout the remainder of Fiscal Year
1996-1997. For Fiscal Year 1997-98 the FOP agrees to a half issuance of allotted
uniforms as specified in Sections 23.4 and 23.6 of Article 23 - Uniform Allowance of the
tabor agreement. Uniforms may be allotted as determined by the Department based upon
a demonstrated need of the employee.
(5) Effective upon ratification of this Agreement the FOP agrees that the current
replacement schedule under the 24 hour vehicle program will be increased from a five (5)
year replacement schedule to a seven (7) year replacement schedule.
(6) Effective upon ratification of this Agreement the FOP agrees that bargaining
unit employees will be required at their expense to have routine preventative maintenance
performed on their assigned city owned vehicle. Those maintenance items that bargaining
unit employees will be required to have performed on their assigned vehicles shall include
a lube, oil and filter 12 point service: check and refill, if necessary, of power steering
fluid, radiator coolant reserve, transmission fluid, wiper fluid, brake fluid, adjustment of air
lire pressure, wiper blades condition inspection, chassis lubrication, hood lubrication, door
12 1G/9G
10:53 AM
2
(8) Effective upon ratification of this Agreement tor calendar year 199 / ianieu
Personal Leave as specified under Article 22 - Earned Personal Leave, shall be reduced
from fourteen (14) hours to ten (10) hours. For calendar year 1998 Earned Personal
Leave as specified under Article 22 shall be eliminated.
(9) Effective upon ratification of this Agreement the FOP agrees, through the FOP
Health Trust, to reimburse the City for required annual physicals of bargaining unit
employees. The annual physicals shall include the same tests as currently provided by the
City for the basic physical as well as the following tests as needed: Radiological
Evaluation, Tetnus, HBSAB Titer, Mantoux Test, 24 Hour Holter Monitor,
Comprehensive Hearing Test, PSA, CA 125, Mammogram, Pap Smear and
Cardiovascular Stress Test to (Echocardiogram, Thallium Stress, Exercise Muga Stress).
Such reimbursement to the City shall not exceed $175,000 for each Fiscal Year (1996-97
and 1997-98).
(10) The FOP and the City of Miami agree that the reopener provision on Wages,
as specified in Article 44 - Term of Agreement, is hereby deleted.
Federal Forfeiture Funds/Fines
The FOP fully supports utilizing Federal forfeiture funds/fines to match City
dollars to fund special projects within the Nflami Police Department which will reduce the
City's budget for the department for Fiscal Year 1996-97 by $224,691 annually and for
Fiscal Year 1997-98 by $1,000,000 annually.
Oversight Hiring Committee
In an effort to address the fiscal crisis facing the City of Miami it is recognized by
the parties that the number of new hires for the City of Miami must be kept to a minimum.
12/10/96
10:53 AM
4
The parties therefore agree to the establishment of an "Oversight I -Firing Committee". The
"Oversight Hiring Committee" shall be composed of three (3) members: a union
representative, a management representative appointed by the City Manager, and a neutral
member selected jointly by the management representative and the unions (collectively).
Each of the City's four unions shall select a union representative, each of whom shall sit
on the Committee on a rotating basis, provided that the position(s) to be considered by the
Committee are not within the seated representatives' union, in which event the next union
representative on the rotation schedule shall be seated.
The Committee shall meet on an ad hoc basis. When a department requests
authorization to fill a position the Committee shall meet to review justification of such
request. Upon review of the departmental request to fill a position the Committee will
make a recommendation in writing to the City Manager stating their reasons for approval
or disapproval of the request. The City Manager will take into strong consideration the
recommendation of the Committee, however, the City Manager retains the final authority
to authorize or disapprove the filling of a position.
Determinations by the City Manager to authorize the filling of positions are not
subject to appeal through the grievance procedure, civil service board, or outside forum.
Nor does the Committee have the right to review the filling of any position directed by the
City Commission. Unless otherwise agreed to by the parties hereto the "Oversight Hiring
Committee" will cease to exist as of September 30, 1998.
City Obligations
In recognition of the FOP's cooperation in assisting the City of Miami to address
its fiscal crisis the City agrees to adopt necessary revenue enhancement measures and cost
12/16/96
10:53 AM
5
containment measures as set forth in the City Manager's Fair Share Matrx dated October
7, 1996. In other words FOP is willing to meet its fair share, as specified within this
agreement, provided the City Commission and City Manager fulfill its obligations as set
forth in this Agreement. Beginning January 1, 1997 the City Manager will issue a bi-
monthly status report which will indicate the savings and actions taken by the City and the
employees to meet the City's deficit. The bi-monthly status report will be distributed to
City departments and employees. This Agreement shall not be effective on the FOP, if the
AFSCME or IAFF bargaining unit employees receive the 4% across the board increase
prior to September 1998 or if the LIUNA bargaining unit employees receive the wage
bonus during the remainder of their current labor agreement.
FRATERNAL ORDER OF
POLICE, LODGE NO. 20
RO04I60
President
/
Date IIJ
ON THE PART O THE CITY OF
► • , . 1, LORIDA
Edward Marque
City Manager
Date
IL -1,4K
12/16/96
10:53 AM
6
MEMORANDUM OF UNDERSTANDING
OFFICER V. REYNOLDS AND OFFICER O. MAZZIERI
FRATERNAL ORDER OF POLICE, LODGE NO. 20
The City of Miami and the Fraternal Order of Police, Lodge No. 20
hereby enter into this Memorandum of Understanding to resolve all
issues pertaining to the proper salary step placement of Officer
Vernell Reynolds and Officer Osvaldo D. Mazzieri.
1) Recognizing the previous sworn police work experience of
Officer Reynolds and Officer Mazzieri, the City agrees to the
placement of said officers at Step 4 of the salary range of
the classification of Police Officer effective May 4, 1994.
2) Officer Reynolds and Officer Mazzieri shall also have their
City records corrected to reflect placement at Step 3 of the
salary range of the classification of Police Officer
effective upon their date of hire with the City of Miami and
shall receive retroactive pay as a result of their placement
at Step 3 of the pay range through May 3, 1994.
3) The calculation of any retroactive monies as a result of the
placement of Officer Reynolds and Officer Mazzieri at Step 3
as specified above shall not include any overtime hours
worked.
The Fraternal Order of Police, Lodge No. 20 hereby agrees that
upon entering into the Memorandum of Understanding, the Fraternal
Order of Police, Lodge No. 20 shall not support any grievance or
appeal before the Civil Service Board, arbitrator or any other
forum on the proper salary step placement of any laterally hired
bargaining unit employee hired prior to the execution of this
Memorandum of Understanding.
R. Sue Weller Date
Labor Relations Officer
el 1'" Cotdra, President
F.O.P., Lodge No. 20
-2v-`?A/
Date
CITY OF MIAM!, FLORIDA
INTER -OFFICE MEMORANDUM
TO .
FROM
Chief Donald Warshaw
Police Department
R. Sue Weller
Labor Relations Officer
DATE : January 13, 1997
FILE
SUBJECT : Memorandum of Understanding RE: 24
Hour Vehicle Replacement Program &
Preventative Vehicle Maintenance - FOP
REFERENCES:
ENCLOSURES.
In accordance with the FOP Memorandum of Understanding, effective immediately the
current 24 hour vehicle program will be increased from a five (5) year to a seven (7) year
replacement schedule. Also, in accordance with the Agreement the FOP bargaining unit
employees will be required, at their expense, to have routine preventive maintenance
performed on their assigned vehicle. Those maintenance items are detailed in the
attached Memorandum of Understanding. (section 6)
The preventive maintenance shall be performed every 5,000 miles for cars, 4,000 miles
for motorcycles, and 3,000 miles for K-9 vehicles by an ASC certified vehicle
maintenance center located within the City of Miami. All bargaining unit employees
assigned a 24 hour vehicle will be required to maintain a vehicle maintenance log which
is subject to inspection by the City. Bargaining unit employees' who fail to provide the
prescribed preventive maintenance shall be subject to disciplinary action including but
not limited to: repair costs due to damage of their assigned vehicle, maintenance cost for
not providing proper preventive maintenance and/or loss of their 24 hour vehicle.
As agreed, the vehicle maintenance will be performed only while the bargaining unit
employee is on duty. Overtime requirements shall not apply in any future FLSA
litigation concerning any matter for which overtime is not paid for off -duty preventive
maintenance of assigned vehicles.
It is important that procedures be established in order to implement proper vehicle
maintenance. In setting up these procedures employees must submit a receipt each time
preventive maintenance is performed.
Should you have any question, please give me a call.
RSW:MIF
cc: Ray Martinez, Assistant Chief, Police Department
Jorge Manresa, Major, Police Department
DI_AN R
June 20, 1988
Richard Kinne, President
F.O.P., Lodge No. 20
2300 N.W. 14th Street
Miami, FL 33125
RE: Field Training Officers
Dear Dick:
ctsiR FI 0D 0
C+ty f.tannt;c r
Consistent with our negotiation settlement of the recent labor
agreement, this letter is to confirm our understandings reached
on the Field Training Officers.
Those Individuals assigned to the Patrol Division who are
specifically assigned by the Chief or his designee as Field
Training Officers shall receive a 5% pay supplement. The number
of officers or supervisors assigned FTO duties will not exceed 60
Individuals during any one fiscal year. Such assignments are not
subject to appeal or the grievance procedure and are assignable
only by the Chief of Police or his designee.
Field Training Officers will receive a retroactive lump sum
payment to October 1, 1987 in the amount of $1,351.00 per person.
Such FTO supplements will thereafter be received on a bl-weekly
basis calculated on the employee's base rate and shall not be
used In calculating average earnings for pension purposes.
Should It be determined that other plus Items such as SWAT pay,
motorcycle pay, or communications pay be utilized for pension
purposes, then the FTO 5% pay supplement shall be treated the
same.
This letter covers the resolution of the FTO problem consistent
with our negotiated settlement.
Sincerely,
/. �, .,._-•/ %//�f',: .
/
Dean R. Mlelke
Labor Relations Officer
DRM/ sw
cc: Cesar H. Odlo, City Manager
Carlos Garcia, Director, Finance Department
Phil Luney, Assistant Director, Finance Department
, 30 03 03: (lip M t am FOP :70
l`•; f"1.E312fiin ,:.:513 305a1G20G5
3 0 (7 5 4 3 S J 1
i A33O? RELAY1GI;5
PGGC 3
n.3
MEMORANDUM OF UNDERSTANDING
FOP, Lodge No. 20
Article-36-Sworn Officers Killed in the Lune of Duty
The City of Miarni and the Fraternal Order of Police hereby agree to modify Article-36-
Sworn Officers Killed in the Line of Duty, of the collective bargaining agreement as
indicated below:
36.1 Bargaining unit members, who are entitled to benefits as described in The
Florida Statutes Title X, Chapter 112.19(2)(g) & (h), shall have, irrespective
of any other document, their entire sick leave balance transferred to their
vacation balance.
The parties agree that the above will go into effect upon execution of this agreement.
O3
W► tam Bryson Dttcte
Acting Labor Relations Officer
el "AL" Cotera
P cside nt, FOP, i.odge No. 20
5 \Vnion,\Policc\MOV Sworn Officer[ the fine of Dury.Ooc
Date
a
'� i � r,�!illiami1
C::" ."
R. SUE WELLER
Labor Relations Officer
February 9, 1994
Ornel "Al" Cotera, President
FOP, Lodge No. 20
3399 S.W. 3rd Avenue
Miami, FL 33145
RE: Memorandum of Understanding
Vacation and Sick Leave
Dear Al:
CESAR H. ODIO
City Manager
The enclosed Memorandum of Understanding clarifies the
language in the FOP labor agreement as it pertains to the
process of annual vacation accrual and the reduction of same
due to time lost without pay. In addition, the procedure for
sick leave accrual and penalty due to hours lost without pay
is included in the memorandum.
-If you are in agreement. please sign the Memorandum of
Understanding and return same to this office.
Sincerely,
-CSL
R . Sue Weller
Labor Relations Officer
RSW/MCE/sw
Enclosure
MEMORANDUM OF UNDERSTANDING
VACATION AND SICK LEAVE
FOP, LODGE NO. 20
The City of Miami and the Fraternal Order of Police, Lodge No. 20
hereby agree to the following language as it pertains to the
current labor agreement, Article 33 - Vacation:
As stipulated in the FOP labor agreement, an employee's
annual vacation accrual shall be reduced for leave of
absence without pay and suspensions. It is hereby agreed
that the schedule for vacation accrual based upon hours lost
without pay shall be calculated in accordance with the
following schedule:
Hours Lost Without Pay Penalty
88 - 176 Hours
177 - 349 Hours
350 - 522 Hours
523 - 695 Hours
696 - 868 Hours
869 - 1041 Hours
1042 - 1214 Hours
1215 - 1387 Hours
1388 - 1560 Hours
1561 - 1733 Hours
1734 - 1906 Hours
1907 - 2080 Hours
1 month annual vacation accrual
2 months annual vacation accrual
3 months annual vacation accrual
4 months annual vacation accrual
5 months annual vacation accrual
6 months annual vacation accrual
7 months annual vacation accrual
8 months annual vacation accrual
9 months annual vacation accrual
10 months annual vacation accrual
11 months annual vacation accrual
12 months annual vacation accrual
The parties agree that calculating vacation penalty due to hours
lost without pay shall be determined on an annual basis.
In accordance with the FOP tabor agreement, Article 35 - Sick
Leave, permanent bargaining unit employees may be allowed to
accrue up to 8 hours sick leave per month provlded that the
employee is in pay status at least 15 working days or 120 hours
per month.
It is understood that when calculating sick leave penalty due to
hours lost without pay the penalty is determined on a month -to -
month basis rather than cumulating annually.
The parties agree that this memorandum of understanding is in
full and complete settlement of the issues specified above.
C/ nel 'Al" Cotc'ra, 'resident
FOP, Lodge No_ 20
Sue Weller
2 g
Ste
Work Hours Lost W/O Pay
VACATION PENALTY CALCULATION
Considered As Penalty
88 thru 176 hrs. 1 month 1/12 of annual accrual of Vac.
177 thru 349 hrs. 2 months 2/12 of annual accrual of Vac.
350 thru 522 hrs. 3 months 3/12 of annual accrual of Vac.
523 thru 695 hrs. 4 months 4/12 of annual accrual of Vac.
696 thru 868 hrs. 5 months 5/12 of annual accrual of Vac.
869 thru 1041 hrs. 6 months 6/12 of annual accrual of Vac.
1042 thru 1214 hrs. 7 months 7/12 of annual accrual of Vac.
1215 thru 1387 hrs. 8 months 8/12 of annual accrual of Vac.
1388 thru 1560 hrs. 9 months 9/12 of annual accrual of Vac.
1561 thru 1733 hrs. 10 months 10/12 of annual accrual of Vac.
1734 thru 1906 hrs. 11 months 11/12 of annual accrual of Vac.
1907 thru 2080 hrs. 12 months 12/12 of annual accrual of Vac.
PM.SIDENT
OnNEL •AL- COTEFA
VICE-PRESIDENT
RIC HARD SAMOLEW ICZ
SECRETARY
CH.P IANORAU
TREASURER
ROBERT M. ANDERSON
PAST -PRESIDENT
RICHARD M. KINNE
The Only National Police Organization in the United States
WALTER E. HEADLEY, JR-
M IA MI LODGE No. 20
3399 S.W. THIRD AVENUE MIAMI. FLORIDA 33145
PHONE: (305) 854-5019 FACSIMILE: (305) 854.3861
Ms. Sue Weller, Officer
Labor Relations
300 Biscayne Bld. Way #430
Miami, Fl. 33131
Dear Ms. Weller:
December 16, 1993
I have reviewed the schedule you sent me in reference to
vacation and sick -leave accrual. In comparison to the wording in
the vacation and sick -leave article, it appears that the schedule
is a lot easier for accounting purposes.
Please send me the required changes in the contract language
so that we can prepare a memorandum of understanding. In the mean
time, I have no disagreement with continuing the use of the
schedule.
Thank you for your help on this matter.
Fraternally,
0rnel "Al" Cotera
President
MEMORANDUM OF UNDERSTANDING
PROBATIONARY PERIOD - LATERALS, TRANSFERS.
REHIRES AND CERTIFIED POLICE OFFICERS
FRATERNAL ORDER OF POLICE, LODGE NO. 20
The City of Miami and the Fraternal Order of Police. Lodge No. 20
hereby enter into this Memorandum of Understanding on the length
of probationary periods as it applies to lateral hires, transfer
or hire of City employees, rehiring of former City of Miami
police bargaining unit employees and newly hired certified police
officers.
1) Lateral Hires: Sworn employees hired from other police
agencies as sworn City of Miami Police Officers without being
required to attend the academy shall be placed at Step 1 of
the classification of Police Officer and shall serve a twelve
(12) month probationary period.
2) City Employee Hires: City of Miami employees transferred or
hired as sworn City of Miami Police Officers shall he placed
at the police recruit wage rate as specified in Article 19 -
Wages, Section 19.2 and shall serve a full probationary
period of eighteen (18) months.
3) Rehires: Former City of Miami sworn police bargaining unit
employees approved for reemployment as provided under Article
19 - Wages, Section 19.6 without being required to attend the
academy shall serve a twelve (12) month probationary period.
4) Newly Hired Certified Police Officers: Employees hired as
certified Police Officers without prior law enforcement
experience and without being required to attend the academy
shall be placed at Step 1 of the classification of Police
Officer and shall serve a twelve (12) month probationary
period.
The above specified probationary periods does not preclude the
Police Chief requesting an extension of a probationary period in
accordance with Civil Service Rules and Regulations.
R. Sue Weller
Labor Relations Officer
())/3°/9
Date
I "A " Coter., President Date
F.O.P., Lodge No. 20
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO
Angel De Pedro
Payroll Supervisor
Finance Department
FROM R. Sue Weller
Labor Relations Officer
OATS December 26, 1996
SUBJECT :
FILE :
Memorandum of Understanding RE:
Workers Compensation/Supplemental
Pay - FOP
REFERENCES:
ENCLOSURES:
In accordance with the attached Memorandum of Understanding, FOP bargaining unit
employees eligible for supplemental and workers compensation pay are to be paid such
that the total does not exceed eighty percent (80%) of the employee's weekly base
salary (excluding overtime and any pay supplement not included in the employee's base
salary) prior to the line -of -duty injury, accident or occupational disease. The net pay
may be adjusted for Court ordered payments.
Please use earnings code 57 currently used for AFSCME employees who are receiving
supplemental and workers compensation pay. The supplemental pay deduction shall
take effect the pay period beginning December 22, 1996.
Should you have any question, please give me a call.
RSW:MF
cc: Ray Martinez, Assistant Chief, Police Department
Gerald Darling, Major, Police Department
MEMORANDUM OF UNDERSTANDING
FOP, LODGE NO. 20
This Memorandum of Understanding is entered into between the City of Miami
and the Fraternal Order of Police (FOP), Lodge No. 20 as it pertains to the future hiring
of employees, City obligations and modifications of the 1995-1998 labor agreement
between the City of Miami and FOP, Lodge No. 20.
Labor Agreement Modifications
(1) Effective upon ratification by the FOP bargaining unit and the City
Commission, the four percent (4%) across-the-board salary increase effective the first full
pay period following January 1, 1997, as specified in the 1995-1998 labor agreement, shall
be changed for receipt beginning the first full pay period following September 1, 1998.
(2) For those employees receiving workers' compensation indemnity benefits, in
recognition that workers' compensation pay is not taxed the FOP agrees that effective
upon ratification of this Agreement, the City shall only pay eighty (80%) percent of the
employee's regular base pay. When added to the worker's compensation portion the
employee will receive on the average one hundred (100%) of their salary not to exceed the
weekly net base pay (excluding overtime and any pay supplements) received prior to the
employee's line of duty injury, accident or occupational disease. The net pay may be
adjusted for Court ordered payments.
(3) Currently the City contributes approximately 3.6 million dollars annually to the
FOP Health Trust. Effective upon ratification of the Agreement the City's contribution
shall be reduced to approximately 2.25 mullion dollars annually for Fiscal Year 1996-97
and approximately 2.48 million dollars annually for Fiscal Year 1997-98. The reduction in
12.1696
10 53 .C't
1
the City's contribution to the FOP Health Tnist shall be accomplir_.hcd through a reduction
in the City's biweekly contribution beginning the pay period of December 22, 1996. The
FOP agrees that for Fiscal Year 1996-1997 the City's biweekly contribution to the FOP
Health Trust for single and family health coverage shall be reduced in the amount of
$67,500 per pay period. Effective for Fiscal Year 1997-1998 it is agreed that the City's
biweekly contribution to the FOP Health Trust for single and family health coverage shall
be reduced in the amount of $42,949.65 per pay period.
(4) Effective upon ratification of this Agreement, uniforms, as specified in Article
23 - Uniform Allowance, shall not be issued throughout the remainder of Fiscal Year
1996-1997. For Fiscal Year 1997-98 the FOP agrees to a half issuance of allotted
uniforms as specified in Sections 23.4 and 23.6 of Article 23 - Uniform Allowance of the
labor agreement. Uniforms may be allotted as determined by the Department based upon
a demonstrated need of the employee.
(5) Effective upon ratification of this Agreement the FOP agrees that the current
replacement schedule under the 24 hour vehicle program will be increased from a five (5)
year replacement schedule to a seven (7) year replacement schedule.
(6) Effective upon ratification of this Agreement the FOP agrees that bargaining
unit employees will be required at their expense to have routine preventative maintenance
performed on their assigned city owned vehicle. Those maintenance items that bargaining
unit employees will be required to have performed on their assigned vehicles shall include
a lube, oil and filter 12 point service: check and refill, if necessary, of power steering
fluid, radiator coolant reserve, transmission fluid, wiper fluid, brake fluid, adjustment of air
tire pressure, wiper blades condition inspection, chassis lubrication, hood lubrication, door
12:16 96
10->1 Al`f
2
hinge. lubrication, oil change (API Service SF/CC RPIvff-D-10 W-30 energy conserving or
30-40 W), and quality replacement of oil filter, (motorcycle preventative maintenance shall
include change of oil, change of all fluids and lubrication of chassis). Such preventative
maintenance shall be performed every 5,000 miles (preventative maintenance for
motorcycles shall be performed every 4,000 miles and K-9 vehicles every 3,000 miles) by
an ASC certified vehicle maintenance center located within the City of Miami.
All bargaining unit employees who are assigned a 24 hour vehicle will be required
to maintain a vehicle maintenance log which is subject to inspection by the City.
Bargaining unit employees will be required to submit copies of receipts of vehicle
maintenance to fleet services. Bargaining unit employees who fail to provide the
prescribed preventive maintenance shall be subject to disciplinary action including but not
limited to: repair costs due to damage of their assigned vehicle, maintenance cost for not
providing proper preventive maintenance and loss of their 24 hour vehicle.
It is agreed by the FOP that vehicle maintenance will be performed only while the
bargaining unit employee is on duty- The FOP also agrees that overtime requirements
shall not apply in any future FLSA litigation concerning any matter for which overtime is
not paid for off -duty preventative maintenance of assigned vehicles.
(7) Effective upon ratification of this Agreement for calendar year 1997 the
Washington's Birthday holiday as specified under Article 21 - Holidays, shall be
eliminated. For calendar year 1998 the Washington's holiday as specified under Article 21
- Holidays, shall be eliminated. As a result of the elimination of this holiday, bargaining
unit employees shall not receive holiday premium pay as specified under Article 21 -
Holidays.
12/16/96
10 53 AM
3
(8) Effective upon ratification of this Agreement for calendar year 1997 Earned
Personal leave as specified under Article 22 - Earned Personal Leave, shall be reduced
from fourteen (14) hours to ten (10) hours. For calendar ycar 1998 Earned Personal
Leave as specified under Article 22 shall be eliminated.
(9) Effective upon ratification of this Agreement the FOP agrees, through the FOP
Health Trust, to reimburse the City for required annual physicals of bargaining unit
employees. The annual physicals shall include the same tests as currently provided by the
City for the basic physical as well as the following tests as needed: Radiological
Evaluation, Tetnus, HBSAB Titer, Mantoux Test, 24 Hour Holter Monitor,
Comprehensive Hearing Test, PSA, CA 125, Mammogram, Pap Smear and
Cardiovascular Stress Test to (Echocardiogram, Thallium Stress, Exercise Muga Stress).
Such reimbursement to the City shall not exceed $175,000 for each Fiscal Year (1996-97
and 1997-98).
(10) The FOP and the City of Miami agree that the reopener provision on Wages,
as specified in Article 44 - Term of Agreement, is hereby deleted.
Federal Forfeiture Funds/Fines
The FOP fully supports utilizing Federal forfeiture funds/fines to match City
dollars to fund special projects within the Miami Police Department which will reduce the
City's budget for the department for Fiscal Year 1996-97 by $224,691 annually and for
Fiscal Year 1997-98 by $1,000,000 annually.
Oversight Hiring Committee
In an effort to address the fiscal crisis facing the City of Miami it is recognized by
the parties that the number of new hires for the City of Miami must be kept to a minimum.
17,16196
I053AM
4
The parties therefore agree to the establishment of an "Oversight Hiring Committee". The
"Oversight Hiring Committee" shall be composed of three (3) members: a union
representative, a management representative appointed by the City Manager, and a neutral
member selected jointly by the management representative and the unions (collectively).
Each of the City's four unions shall select a union representative, each of whom shall sit
on the Committee on a rotating basis, provided that the position(s) to be considered by the
Committee are not within the seated representatives' union, in which event the next union
representative on the rotation schedule shall be seated.
The Committee shall meet on an ad hoc basis. When a department requests
authorization to fill a position the Committee shall meet to review justification of such
request. Upon review of the departmental request to fill a position the Committee will
make a recommendation in writing to the City Manager stating their reasons for approval
or disapproval of the request. The City Manager will take into strong consideration the
recommendation of the Committee, however, the City Manager retains the final authority
to authorize or disapprove the filling of a position.
Determinations by the City Manager to authorize the filling of positions are not
subject to appeal through the grievance procedure, civil service board, or outside forum.
Nor does the Committee have the right to review the filling of any position directed by the
City Commission. Unless otherwise agreed to by the parties hereto the "Oversight Hiring
Committee" will cease to exist as of September 30, 1998.
City Obligations
In recognition of the FOP's cooperation in assisting the City of lvliarni to address
its fiscal crisis the City agrees to adopt necessary revenue enhancement measures and cost
12/16/96
10:53 nM
5
containment measures as set forth in the City Manager's Fair Share Matrix dated October
7, I996. In other words FOP is willing to rnet its fair share, as specified within this
agreement, provided the City Commission and City Manager fulfill its obligations as set
forth in this Agreement. Beginning January 1, 1997 the City Manager will issue a bi-
monthly status report which will indicate the savings and actions taken by the City and the
employees to meet the City's deficit. The bi-monthly status report will be distributed to
City departments and employees. This Agreement shall not be effective on the FOP, if the
AFSCME or TAFF bargaining unit employees receive the 4% across the board increase
prior to September 1998 or if the LIUNA bargaining unit employees receive the wage
bonus during the remainder of their current labor agreement.
FRATERNAL ORDER OF ON THE PART OF THE CITY OF
POLICE, LODGE NO. 20 MIAMI, MIAMI, FLORIDA
Ornel "Al" Cotera
President
Edward Marquez
City Manager
Date Date
12i16/96
10.57 A,\i
6
1N i ER-OFF10E
Angel De Pedro
Payroll Supervisor
Finance Department
R. Sue Weller
Labor Relations Officer
NC:O5L?ES
October 4, 1999
Memorandum of
Understanding with IAFF
and FOP Transfer of Leave
Balances
Attached please find a copy of an executed Memorandum of Understanding
between the City, IAFF and the FOP.
This agreement provides for sworn police and fire employees to transfer the
value of their leave balances upon retirement (excluding vested retirement)
to the FIPO Trust. Under this agreement and in accordance with IRS rules,
the employee must make an election to participate in this program the
calendar year prior to the year the employee retires. The employee may elect
to transfer the full value of one or more categories of leave or elect to not
transfer the value of any of the leave balances. An employee may not elect to
transfer only a portion of a leave category.
If the employee elects to not transfer the value of one or more categories of
leave, the portion not transferred to FIPO will be paid to the employee by the
City. Both the payoff by the City and the transfer of the value of the leave
balances to FIPO is to be in accordance with normal leave balance payoffs
upon retirement.
The FIPO Trust has created the necessary election forms and will forward
the completed forms to Payroll upon retirement with the exception of an
employee electing to participate in DROP. If an employee elects to
participate in DROP, the employee will be required to complete the necessary
election forms to transfer leave balances, however, the completed forms will
not be forwarded to Payroll until the employee actually separates
employment from the City.
Should you have any questions, please give me a call.
RS Wfbg
c: Scott Simpson, Assistant Director, Finance Dept.
Chief Carlos Gimenez, Fire -Rescue Dept.
Maurice Kemp, Assistant Chief, Fire -Rescue Dept.
Chief W. O'Brien, Police Department
Asst. Chief Ray Martinez, Police Dept.
Major John Buhrmaster, Police Department
Angela Bellamy, Director, Human Resources Department
Tom Gabriel, President, IAFF Local #587
Tony Rodriguez, President, FOP Lodge #20
Dania Orta, Assistant Administrator, FIPO Pension Office
Miriam Flores, Sr. Labor Relations Specialist
Tony Ramirez, Labor Compliance Coordinator
MEMORANDUM OF UNDERSTANDING
WITH
FOP AND IAFF
Transfer of Leave Balances
The City of Miami, the Fraternal Order of Police, Lodge No. 20, and the International
Association of Firefighters, Local 587, having determined that leave balances normally
paid upon retirement may be paid with pre-tax dollars, subject to certain IRS Rules, agree
to implement the following provisions in the payment of leave balances.
It is agreed by the parties that the value of all accrued leave in the payroll account of any
member of FIPO who retires will be transferred by mernber election to the FIPO Trust at
the time of the member's retirement from service with the City.
Accrued leave is defined as accrued sick leave, accrued vacation leave, accrued
compensatory leave or other accrued leave normally paid in accordance with the teens of
an applicable labor agreement and/or leave payoff practices.
With the exception of the initial implementation of this program, the FIPO member will
be required to make the transfer election no later than the year prior to the year in which
the employee plans to retire. Failure to make a timely election may result in lump sum
accrual pay out to the employee with resultant tax consequences.
Transferred leave balances may be used to pay for the purchase of years of creditable
service or transferred to an eligible retirement plan or distributed to a member upon
election of one of the following options:
a) The member may receive a lump sum payment equal to the transferred leave balance,
or
b) The member may elect to transfer an amount equal to his/her transferred leave
balance directly to an eligible retirement plan, or
c) If the FIPO member does not elect to participate in the DROP, the transferred leave
balances may be used to purchase years of creditable service in accordance with City
Code Section 202(7). If the value of the City's transferred leave balance made on the
FIPO member's behalf exceeds the amount necessary to purchase such service, such
excess shall be paid to the member in a lump sum.
Any lump sum payments, transfers to an eligible retirement plan or purchases of
creditable service made shall be made as soon as practicable following the 15' of the
month in which the retirement system receives the transferred Ieave balances from the
City. However, if a member on whose behalf the City makes a transferred leave balance
to the retirement system fails to elect a distribution option as set out above within 30 days
of the date the member retires or otherwise leaves the service of the City. or such earlier
or later time as the FIPO board may determine, the member will be deemed to have
elected to receive a lump sum payment equal to the transferred leave balance.
If a member on whose behalf the City makes a transferred leave balance to the retirement
system die after he/she retires or otherwise Ieaves the service of the City, but before
he/she makes an election, as provided, or after he/she makes an election under this
Section but before an amount equal to the transferred leave balance is paid to him in a
lump sum, transferred to an eligible retirement plan or used to purchase years of
creditable service, his election of an option, as provided herein, shall be void. In such an
event, any person who would have received a death benefit under City Code Section 40-
203(h)(1) had the member died in service immediately prior to the date the member
retires or otherwise leaves the service of the City, shall be entitled to elect to receive an
amount equal to the transferred leave balance in a lump surn payment or, if such person is
the member's spouse or former spouse, to have such an amount transferred directly to an
eligible retirement plan. If the spouse or former spouse fails to make an election to
transfer the funds to an eligible retirement plan within 60 days of the member's death, he
or she will be deemed to have elected to receive the amount in a lump sum payment.
For purposes of this agreement, earnable compensation, as defined in City Code Section
40-191, shall not include accrued leave that is included in the employee's transferred
leave balance.
For purposes of this agreement, regular contributions, as defined in City Code Section
40-191, shall not include transferred leave balances.
This agreement will be effective upon it's execution and implemented as soon as
possible.
Tony Rodrigue FOPodge No. 20
Tom Gabriel, IAFF, Local 587
R. Sue Weller, City of Miarni
9/-147i,
Date
Date
Date
i_,;T'( OF P,I:i',C. FLO'iR!OA
INTER -OFFICE MEMORANDUM
Angela Bellamy, Human Resources _ June 10, 2002
Jorge Valladares, Police Department
_T.
ue Weller, Labor Relations Officer=EF_;IENC_S
Office of Labor Relations
FOP Settlement Agreement
1992 Sergeant &
Lieutenants Case
Agreement
As per the attached settlement agreement between the City of Miami and the Fraternal
Order of Police, Lodge 20, the thirty six (36) certified candidates on the attached list shall
have their salary increased by seven and a half (7.5%) and paid to the affected employees
for the year immediately preceding their (1) entry into DROP; (2) retirement; or (3)
death, which ever occurs first.
Please implement the settlement in accordance with, the agreement as expeditiously as
possible.
Should you have any questions please give me a call.
RSW:ALR air
C: Raul Martinez, Chief ofPolice
Dania Ona, Assistant Administrator, FIPO
Ornel ''Al" Cotcra, President, FOP
Angel DePedro, Payroll Supervisor, Finance
Scott Simpson, Director, Finance
SETTLEMENT AGREEMENT
1992 Sergeants and Lieutenants Case
THIS AGREENONT entered into this � day of 7-`21?"'i-„ 2001, in
resolution of all claims by and between the FOP 20 and the CITY OF IvSIMA , the panics
agree as follows:
1. The 36 certified candidates shall have their salary for the year immediately
preceding their: (1) entry into DROP; (2) retirement; or (3) death, which ever
occurs first, increased by seven and a half percent (7 : %) and paid to the affected
employees. This increase in salary will not be reflected in their salary for any
service time after entry into DROP. The salary increase shall not apply to the
salary rate for the payment of accrued, unused leave or where applicable, the
173.3 hours separation payment. The FOP, on behalf of the 36 affected
employees waives any other claims to back pay or promotion.
2. The one-year retroactive back pay as specified in paragraph 1 will be paid to the
affected individuals with the appropriate withholding tax and pre-ta.7c pension
deductions. The gross retroactive salary increase will .be reduced by all
appropriate withholding tax and pre-tax pension deductions. An amended
Personnel Action form will be issued showing an increase in the employee's
hourly rate for the year immediately preceding retirernentiDROP, v.hich would
yield a seven and a hal( percent (7' %) increase.
3. The CITY OF ?1IAMMI agrees to pay on behalf of the FOP the sum of S60,000.00
in actorney's fees and costs to Robert D. Klausner, P.A. Trust Account. The
parties will bear their o«n costs and fees other than specified herein.
The signatories to this Agreement agree that the provisions of this settlement are
only applicable to the FOP and the 36 previously certified employees and that no
other person shall be entitled to a retroactive salary increase as a result of this
settlement.
5. The CITY OF NIIANII takes no position as to the effect this agreement may have
on any request made by the affected employees to the FIFO Pension Trust to
adjust their pension benefits and the granting of pension benefits to the affected
employees is not an essential provision of this Asreement. If the FPO Pension
Trust does not adjust the affected employees' pensions, the affected employees
nor the FOP shall have any further recourse against the CITY OF NITAMI.
The FOP waives any claims for statutory damages or any other damages arising.
under this claim and this lawsuit, or which could be claimed, except as set forth
herein. Except as otherwise specifically set forth, this paragraph does not limit or
.v,iive any other claim the FOP has with the C[TY OF ail:\`Y1I
7. The- parties acknowledge that there is currently pending in the Circuit Court of
Nliarni-Dade County, a case styled FOP 20 v. City of Miami (Case No. 93-06510--
CA 06) concerning the 1992 promotional examinations for sergeant and
lieutenant. The FOP agrees to dismiss that action with prejudice, each party to
bear its own costs and fees.
8. This settlement shall not be constr.!to he an admission of liaoit:t'. on behalf of
the CITY OF N11A 4J, nor any admission of discrimination, nor any admission
that the affected employees were entitled to promotion, nor shall it constitute
precedent in any other case.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year
above written.
ATTEST:
Witness
ATTEST:
Witness
CITY OF MIAMI, a municipal
Corporation of the State of Florida
By: (--7. �C..cQ Lt.K6s�
R. Sue Weller
Labor Relations Officer
FRATERNAL ORDER OF POLICE.
Iv1IAMI LODGE 20
B
otera, President
„�� . a c. .. a... �r.�„�rms orx
AGUIRRE
ALFONSO
ALVAR EA
A,NDREU
BRAUN
CARTER
CHAMPELOVIER
COSTELLO
CROUGHW ELL
DELFORN
ERNAiND
FERNANDEZ
GRIFFIN
MASFERRER
M1RABILE
MIRANDA
MI T CHELL
MOREIRA
MO R I N
NOGUES
OCHOA
O'CONNOR
OROSA
PAYNE
PEREZ
PICHEL
POTTER
REED
ROELL
ROMAN
ROQUE
ROSSBACH
SCHILLACI
SMITH
WARREN
ZIRK
SEBAS T IAN
LAZARO
WILLIAMvi
NELSON
BRUCE
CATHERINE
CHARLES
WILLIAM
EDMOND
OTTO
JOSE
RAMON
JOHN
RAFAEL
HECTOR
GONZALO
JOSEPH
ERNESTO
JORGE
NOEL
DIEGO
W IL LIAM
MANUEL
DAVID
LUIS
FRANCISCO
JAMES
ROBEAT
THOMAS
MARIO
RICARDO
STEVE
JOSEPH
W ILLIAM
MICHAEL
MARTIN
`-4'01i1 canlernen! Names
MEMORANDUM OF UNDERSTANDING
F.O.P. Grievance # 1-00
Use of "C" Time for Police Olympics
In an effort to resolve Grievance 41-00, the City of Miami and the Fraternal Order of Police,
Lodge No. 20, agree to the following provisions:
1. Any bargaining unit employee participating in the annual Florida Law Enforcement
Games will be required to initially use their own "V" or "E/O time.
2. In order for the bargaining unit employee's "V" or "E/O" time to be converted to
Administrative Leave (AL), the bargaining unit employee must, upon their return, submit
appropriate documentation, as determined by the Police Department, verifying their
participation in the Games.
3. Requests for conversion to "AL" time must be submitted to the Chief of Police or
designee, through channels, via red -line memo within 10 calendar days from when the
last day of "V" or "E/O" time was used. Bargaining unit employees failing to submit the
required documentation by the deadline as required by the Police Department will not
have th:: i..* "V" or "E/O" time convened to "AL" time.
4. The conversion of "V" or "E/O" time to "AL" time is limited to three days: two days for
travel and one day for competition. Medal recipients will receive additional time as
follows: Gold Medal — one additional day, Silver Medal, six additional hours, and
Bronze Medal — four additional hours.
5. Bargaining unit employees who attend the Law Enforcement Games but do not
participate in the Games will not be entitled to conversion of "V" or "E/O" time to "AL"
time.
The Police Department maintains its right, due to the needs of service, to limit the
number of personnel to be released for participation or attendance at the Law
Enforcement Games.
7. All travel associated with the annual Florida Law Enforcement Games will be in the
bargaining unit employee's personal vehicles and not in City owned, leased or rental
vehicles. Exceptions for use of city owned vehicles for travel to the annual Florida Law
Enforcement Games may be granted only by the Chief of Police for motors, K-9 and
mounted police provided the competition the officer is participating in includes the motor
or the animal. All expenses related to travel or participation in the Games will be the
responsibility of the bargaining unit employee and not the City, i.etransportation, meals
lodging, etc.
Date Date
8. Bargaining unit employees injured while attending, participating, or traveling to and from
the Law Enforcement Games, whether or not the officer has been granted use of a vehicie
as specified in #7, will not be eligible for Workers' Compensation benefits.
9. In those instances where the Law Enforcement Games are held in Miami -Dade County,
Broward County or Palm Beach County, conversion of "V" or "E/O" to "AL" will be
limited to one day for competing in the games. Time spent for traveling will not be
converted. Medal recipients will receive additional time as follows: Gold Medal — one
additional day, Silver Medal, six additional hours, and Bronze Medal — four additional
hours.
Bargaining unit employees participating in the 2000 Florida Law Enforcement Games shall have
their "V" or "E/O" time converted to administrative leave provided the requirements of the
above provisions are met.
The parties agree that the above provisions resolve all issues pertaining to Grievance # 1-00.
FOR THE F.O.P, LODGE NO.20: FOR THE CITY OF MIAMI:
el "Al'TCotero, R. Sue Weller
President
Labor Relations Officer
'c /7/0/ J 17/0
MEMORANDUM OF UNDERS LAND EN1G
FOP, LODGE NO. 20
This Memorandum of Understanding is entered into between the City of Miami
and the Fraternal Order of Police (FOP), Lodge No. 20 as it pertains to the future hiring
of employees, City obligations and modifications of the 1995-1998 labor agreement
between the City of Miami and FOP, Lodge No. 20.
Labor Agreement Modifications
(1) Effective upon ratification by the FOP bargaining unit and the City
Commission, the four percent (4%) across-the-board salary increase effective the first full
pay period following January 1, 1997, as specified in the 1995-1998 labor agreement, shall
be changed for receipt beginning the first full pay period following September 1, 1998.
/(2) For those employees receiving workers' compensation indemnity benefits, in
recognition that workers' compensation pay is not taxed the FOP agrees that effective
upon ratification of this Agreement, the City shall only pay eighty (80%) percent of' the
employee's regular base pay. When added to the worker's compensation portion the
employee will receive on the average one hundred (100 ) of their salary not to exceed the
weekly net base pay (excluding overtime and any pay supplements) received prior to the
employee's line of duty injury, accident or occupational disease. The net pay may be
adjusted for Court ordered payments.
(3) Currently the City contributes approximately 3.6 million dollars annually to the
FOP Health Trust. Effective upon ratification of the Agreement the City's contribution
shall be reduced to approximately 2.25 million dollars annually for Fiscal Year 1996-97
and approximately 2.4S million dollars annually for Fiscal Year 1997-93. The reduction in
12 / 16/96
10:53 A 1
binge lubrication, oil change (API Service Si.'/CC R_PMH.D-10 W-30 energy conserving or
30-40 W), and quality replacement of oil filter, (motorcycle preventative maintenance shalt
include change of oil, change of all fluids and lubrication of chassis). Such preventative
maintenance shall be performed every 5,000 miles (preventative maintenance for
motorcycles shall be performed every 4,000 miles and K-9 vehicles every 3,000 miles) by
an ASC certified vehicle maintenance center located within the City of Miami.
All bargaining unit employees who are assigned a 24 hour vehicle will be required
to maintain a vehicle maintenance log which is subject to inspection by the City.
Bargaining unit employees will be required to submit copies of receipts of vehicle
maintenance to fleet services. Bargaining unit employees who fail to provide the
prescribed preventive maintenance shall be subject to disciplinary action including but not
limited to: .repair costs due to damage of their assigned vehicle, maintenance cost for not
providing proper preventive maintenance and loss of their 24 hour vehicle.
It is agreed by the FOP that vehicle maintenance will be performed only while the
bargaining unit employee is on duty. The FOP also agrees that overtime requirements
shall not apply in any future FLSA litigation concerning any matter for which overtime is
not paid for off -duty preventative maintenance of assigned vehicles.
(7) Effective upon ratification of this Agreement for calendar year 1997 the
Washington's Birthday holiday as specified under Article 21 - Holidays, shall be
eliminated. For calendar year 1998 the Washington's holiday as specified under Article 21
- Holidays, shall be eliminated. As a result of the elimination of this holiday, bargaining
unit employees shall not receive holiday premium pay as specified under Article 21 -
Holidays.
12, 16,96
The parties therefore agree to the establishment of all "Oversight Hiring Committee". The
"Oversight. Hiring Committee" shall be composed of three (3) members: a union
representative, a management representative appointed by the City Manager, and a neutral
member selected jointly by the management representative and the unions (collectively).
Each of the City's four unions shall select a union representative, each of whom shall sit
on the Committee on a rotating basis, provided that the position(s) to be considered by the
Committee are not within the seated representatives' union, in which event the next union
representative on the rotation schedule shall be seated.
The Committee shall meet on an ad hoc basis. When a department requests
authorization to fill a position the Committee shall meet to review justification of such
request. Upon review of the departmental request to fill a position the Committee will
make a recommendation in writing to the City Manager stating their reasons for approval
or disapproval of the request. The City Manager will take into strong consideration the
recommendation of the Committee, however, the City Manager retains the final authority
to authorize or disapprove the filling of a position.
Determinations by the City Manager to authorize the filling of positions are not
subject to appeal through the grievance procedure, civil service board, or outside forum.
Nor does the Committee have the right to review the filling of any position directed by the
City Commission. Unless otherwise agreed to by the parties hereto the "Oversight Hiring
Committee will cease to exist as of September 30, 1998
City Obligations
In recognition of the FOP's cooperation in assisting the City of Miami to address
its fiscal crisis the City agrees to adopt necessary revenue enhancement measures and cost
1VI 6196
R. SUE WEttER
Labor Relations Orflcer
o
e�YI kr
93 ocC -8 ge` 2
OCtober 7, 19
Ornel 'AI' Co
rop, Lodge No
3399 S.W. 3rd
Miami, FL 33
RE: Physical
Dear Al:
3
tera. President
20
Avenue
46
Examinations
CESAR t1, 0010
City Manager
This letter Is to follow-up our discussions during negotiations
on September 117, 1893 wherein it was agreed that certain rests
would be added to the physical examination process effective
January 1, 18 4.
As agreed upbn. the following tests will be included In the
bargaining unit employees' annual physical examination:
,
1) Pap Smear
2) Mammogram
3) PSA
q) CA-125
6) Comprehensive Hearing Test
By copy of th s letter to Renee Jones, Assistant to the Director,
Personnel Man gement Department, I am requesting that the above -
Indicated test s be included in the physical examination process
as deemed eppfopriate by the Clty's physicians_
Sincerely,
'—/<,CKc4 (ag101.-
n_ Sue Weller
Labor fie l at i orbs Officer
RSW / sw
�C Renee Jorjes, Assistant to the Director, Personnel Mgt.
M;5,)or Ra5. Martinez, Police Department
Major Gw4ndotyn Boyd, Police Department.
L4r_ D 1 ►.' 1 -
P
MEDICAL PROTOCOL
ritual Physicals - Department of Police)
I. PHYSIcALl EXAMINATION: COMPONENTS
A- Medial History -- Provider shall obtain a complete and
thorn ugh medical history on the employee.
Provider must also perform a Health Risk Profile on the
empl y`e. The purpose of this health appraisal tool is
to i entify a person's major health risks and how life-
styl habits affect these risks. This confidential
profile should prioritize and explain the necessary
lifestyle changes to reduce risks.
Specifications: - The profile should have the following
characteristics:
1. projects the relationship between chronological age
alrLd risk age.
2. 'I�he profile will clearly and concisely show
participants - both immediate and long-term effects of
their life-styles.
3. The profile used will be one that can derive a
management deport identifying the relationship
between health risks and costs to the organization.
B. PhyeiLal Examination
Physi,a1 examination
Oenor I appearance
Heigh
Weigh .
Head scalp,
Neck
Ears j
Nose
Throa
Mouth
Spine
Sin -
Abdo+
* Dici ta1 rectal exam
offic<ra age 40 and over.
face
to include the following:
Upper extremities
Lower extremities
External genitalia jj�
Anus, digital rectal examination*
Lungs, chest wall 744reasts, back
Vascular system
Heart
Endocrine system
Vital signs, T, P, R, B/P (both ; rms)
Neurological evaluation
1ua tion
j
Mental status, memory, orientation,
judgement, intellect, affect
to be offered every year to $lice
C. Laboretory Work --Up
1 Hdma t_olocjy pa h 1
CU.C, including indices and differential.
,
:1
E. F'— _-_ -- I -I L. 1 , I 0 _ 1
2. 'blood
xatiof; .
Chemi
try including all of BP 31 and 1IDL/1.4)L.
omprobens ive
Biochemical Profile (BP--31)
lbumin
lkaline Pnosphatase
ilirubin, Direct
To t a l
eilirubin,
alci um
hloride
PK
02 Content
reatiraine
aroma Glutamyl
ransferase
elucose
ron, Serum
UH
Ohosphorus, Inorganic
3. Urinnlysis
dpec. Gravity
'1iscroscopic:
D. Opht11almolo<yical Evaluation
1. Visual
vision
Note :
Potasaium
Protein, total
SOGT
SGPT
Urea Nt t.rogen
tlrid Acid
Triglycerides
T4 by RIA
Calculated Parameters
- A/G Ratio
-- BUN/Creatinine Ratio
- Calcium, (Ionized)
- Anion Gap
Globulin
- Osmoality
PH Urobilinogen Glucose Protein
Ketone Bodies, Bilirubin, Blood
Acuity - Both corrected and uncorrected
should be tested and recorded.
A monthly report should be forwarded to the
Department of Personnel Management listing
employees that do not meet the following
vision requirement: 20/50 each eye
uncorrected; 20/30 each eye corrected. It
should also be noted if the individual wears
glasses or contact lenses.
2. Phiysical Examination to include:
i
a Pupils
b Extra -ocular movement
c Conjunctiva
d Sclera
e# Fundoscopic evaluation
f) Color vision
E. Pulmo
ary Function Test
(Bare ni.ny for obstructive and restrictive: diseases)
1. Vital Capacity and f'EV1
Pa.g 2 ot: 4
r —
I. :)) 1 tat _ 1 '--
Uti1tee a-spi.rometer that measures functions by volume
not. 1iow. Minimal reported information shpuld be k'EV,
FVC, FEV/FVC ratios MMET andMVV. All volumes should be
repoftecl in absolute valves (liters), as well as •
perc stage of age and sex adjusted normals .
F. E1ec rocardiograr
Tavel y e lead resting EKG. Report with mounted rhythm
strij included in medical chart.
G. Audiological Screening
Teat normal hearing range, 500 Hz to 4,000 Hz with a
calitrated audiometer in a sound treated booth or room.
Noted A monthly report should be forwarded to the
Department of Personnel Management listing
employees with hearing acuity loss of 40 decibles
or greater for the frequencies 500, 1,000, 2,000,
3,000 and 4,000 cycles.
II. ADDITION
1. Ra d i
L/OPTIONAL EXAMS
ogieal Evaluation
Ctandsrd chest (posterior and anterior) and Lateral
fi1md. (Recommended for employees in particular heavy
smokdrs that have not had a chest x-ray within the last
three years). Additionally, positive PPD Test should be
fo11owed up with a chest x-ray.
2. Skin
Test
Intrr1ermai test
for Tuberculosis exposure.
ovidc self evaluation kit.
3. Cardibvascular. Stress Test
A cardiovascular stress test shall be administered to
desigiated sworn personnel with a positive history of
cardi vascular disease, in themselves or their family,
and o all those 40 years of age or older. When
recom fended by the examining physician, the following
additional tests may he performed:
Echoc rEliogram, Thallium Stress, Exercise Muga Stress
Te5L .
4 • Pap Srhear - Oricr> annually
r i u e> S i.) t 4
1 Ci: s -
5. Mamml`)gram
To b- offered to female police officers age 40 anci older
Ut:i1izing the following guidelines:
`age 40-4.9 - Every 2 years
Age 50 cana over - Every year
Family history of cancer - Every•year
6. PSA
To b offered to male 'police officers age 45 and older.
7. CA -1125
I
To be offered only to those police officers that have
previously been aiagnosi/ed with cancer.
8. Comp ehensive Hearing Examination
8houl�d be performed on
acuity loss of 40
fregujenc.ies 500, 1,000, 2,000, 3,000 and 4,000 cycles.
I
ti
PI
:S
all police officers with hearing g
decibles or greater for the :}
Faye 4 of 4
E{ =.i- 14 i= I-r :L i'! _ 1
I
Titu of ~laud
ANGEIA R. iBELLAMY
Assl;tant City Manager
Director
October 21, 693
Ms. Maureen Mhnn
Adniniat;rator
Mercy Outpatient Center
3659 S. Miami•Avenue
Miami, FL :33' 33
CfS.AR it. 0610
City Managh1i
7
Der Ms. Mann
This letter serves to provide Mercy Outpatient Center with a copy
of the revised medical protocol for sworn police personnel annual
physical exarnl.nations. In particular, it should be noted t1itt
the following r items are now offered as optional components of the
physical exam.nation:
1. Pap SiAea r
2. Mamma tom
3. PSA
4. CA ^ 25
5. Compr4hensive Hearing Test
Should you h4e any questions regarding this matter please feel
free to cantac}t Renee S. Jones at 579-2436.
Sincere
Ango(l 1 R. ell'amy
Assistant ity Mena
RSJ/etc
cc. R. Sue Willer
Calvin Ro1ss
Cwcndlolyi-,• t\oyr'f
?_:/a7/2 02 21:03 30511620E5
LAECR RELATIONS PAGE 1312
MEMORANDUM OF UNDERSTANDING
FOP, Lodge No. 20
Substance Abuse Testing — Article 34.2 (C)
The City of Miami and the Fraternal Order of Police hereby agree to modify
Articlo 34.2 (C), Random Substance Screening, of the collective bargaining
agreement as indicated below:
34.2(C) Substances tested and cutoff concentrations shall be in
accordance with current Federal Standards for Urine Drug Testing
Cutoff Concentrations, as specified in the Guidelines tor Federal
Workplace Orug Testing Programs, with the addition of Gamma-
hydroxybutyrat (Ecstasy).
The parties agree that the above -specified cutoff concentrations will go into
effect upon execution of this agreement.
77
William Bryson
Acting Labor Relations Officer
Orncl "A " Cotera
President, FOP, Lodge No. 20
�1,tt.+4M.J. 5rn'7•.5
C 9,1y 40cv..,ontc\,1EMOSOFUNDEPSTA) f) NG41OU SUB ST/.NcE ABUSE TFSTTNG Qoc
tc D D�-
tc
Date
MEMORANDUM OF UNDERSTANDING
FOP, Lodge No. 20
Substance Abuse Testing - Article 34.2 (C)
The City of Miami and the Fraternal Order of Police hereby agree to modify
Article 34.2 (C), Random Substance Screening, of the collective bargaining
agreement as indicated below:
34.2(C) Substances tested and cutoff concentrations shall be in
accordance with current Federal Standards for Urine Drug Testing
Cutoff Concentrations, as specified in the Guidelines for Federal
Workplace Drug Testing Programs, with the addition of Gamma-
hydroxybutyrat (Ecstasy).
The parties agree that the above -specified cutoff concentrations will go into
effect upon execution of this agreement.
William Bryson
Acting Labor Relations Officer
Ornel "AL" Cotera
President, FOP, Lodge No. 20
Date
C \My Documents\MTMOSOFUNDL-RSTANDING\b4OU.SU[3STANCE AEMS E TESTING dot:.
PHONE 305-84-`019 FAX 30s-E54-38G1
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P.O. BOX 330708
MIA MI, FL 33233-0708
(305) 41 6-2060 / (305) 416-2065 Fax
To:
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From:
Date:
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❑ Please Recycle
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F.O.P. MI A_MI 20 LABOR RELATIONS Q1002:002
mEMMORANDUM OF UNDERSTANDING
This Mc mora-►dum of Understanding clarifies the settlement entered
between the Frf,ternai Order of Police. Lodge No_ 20 and the City
of Miami concerning the 1985-86 examination for Police
lieutenant_
The parties agree that as the 16 and 21 year longevity steps were
not In exIstance as of the bate the case was settled, they were
not contempilated In the waiver of future longevity Increases.
All affect employees shall be provided the 16 and 21 year
longevity s eps as provided In the labor agreement. In addition,
If future pay/longevity steps are created as a result of
collective bargaining. which are generally applicable to the
bargaining nit as a whole, they will also be provided to these
officers In accordance with normal personnel policies.
In the eve t that any of the affected officers are actually
promoted t• the rank of lieutenant, any pay restrictions
contained I the original settlement shall be eliminated and any
applicable pay actions shall be In accordance with normal
personnel p.!tcles.
ON THE PART OF TIIE
CITY OF MIA I
MIAM1, FLOR DA
R. S e Weller
Labor Rel:tlons Officer
............. .
FRATERNAL O'DER OF POLICE
LODGE NO. 2
// i /v
ate
fr/
qCot- a Date
President
crc.< (i2d.2z,
INDEX
ARTICLE
PAGE
4-10 Work Schedule 29
Agreement 1
Annex "A" 91
Bereavement Leave 54
Bid Process/Seniority 74
Blood Donors 59
Bulletin Boards 23
Commendation Paid Leave 55
Department Disciplinary Review Board 23
Disciplinary Procedure 13
Discrimination 53
Dues Check Off 49
F.O.P. Time Pool 51
Family Medical Leave and Leave Without Pay 55
Grievance Procedure 7
Group Insurance 46
Heart Bill 67
Holidays 41
Line of Duty Injuries 15
Management Rights 4
No Strike 6
Non Duty Court Appearance 68
Notices 22
Overtime/Compensatory Time 27
Parity 21
Pension 69
Pension Stabilization 81
Post Employment Health Plan 80
Preamble 1
Prevailing Benefits 46
Recall and Court Time 25
Recognition 1
Representation of the City 2
Representation of the F.O.P 3
Residency 68
Rules of Construction 12
Sick Leave 59
Standby 30
Substance/Alcohol — Personnel Screening 63
Sworn Officers Killed In the Line of Duty 67
Table of Contents
Term of Agreement 81
Total Agreement 41
Transfers 26
Tuition Reimbursement 78
Uniform/Clothing Allowance 43
Vacation 57
Vehicle Program 75
Wages 30
85