HomeMy WebLinkAboutExhibitAGREEMENT
BETWEEN
CITY OF MIAMI, MIAMI, FLORIDA
AND
FRATERNAL ORDER OF POLICE,
WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20
OCTOBER 1, 20123 THROUGH SEPTEMBER 30, 2014 2015
Tentative Agreement City Date (L 13 Union [S( Date )1\ 145
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 8
Article 7 Rules of Construction 14
Article 8 Disciplinary Procedure 15
Article 9 Line of Duty Injuries 19
Article 10 Notices 26
Article 11 Bulletin Boards 27
Article 12 Department Disciplinary Review Board 28
Article 13 Recall and Court Time 30
Article 14 Transfers 32
Article 15 Overtime/Compensatory Time 33
Article 16 4-10 Work Schedule 35
Article 17 Standby 36
Article 18 Wages 37
Article 19 Total Agreement 48
Article 20 Holidays 49
Article 21 Deleted 50
Article 22 Uniform/Clothing Allowance 51
Article 23 Prevailing Benefits 55
Article 24 Group Insurance 56
Article 25 Dues Check Off 59
Article 26 F.O.P. Time Pool 61
Article 27 Discrimination 64
Article 28 Bereavement Leave 65
Article 29 Commendation Paid Leave 66
Article 30 Family Medical Leave and Leave Without Pay 67
Article 31 Vacation 69
Article 32 Blood Donors 72
Article 33 Sick Leave 73
Article 34 Substance/Alcohol - Personnel Screening 77
Article 35 Heart Bill 81
Article 36 Sworn Officers Killed in the Line of Duty 82
Article 37 Non Duty Court Appearance 83
Article 38 Residency 84
Article 39 Pension 85
Article 40 Bid Process/Seniority 88
Article 41 Vehicle Program 90
Article 42 Tuition Reimbursement 94
Article 43 Post Employment Health Plan 97
Article 44 Vacancies -Promotions 98
Article 45 Tel of Agreement 99
Index 103
Tentative Agreement City W 7 1 Date f 1f /Z f t3 Union
Date
i41 q.\
AGREEMENT
THIS AGREEMENT is entered into this
day of , 2013
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.
Tentative Agreement City Date / (f 1213 Union
Date 1i1�-1
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:
Tentative Agreement City )24✓
Date 1 ff f21la Union
Date V\ 46
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, including Detention Officers as per PERC Order Clarifying
Certification #219 dated July 15, 2008.
1.2 The bargaining unit consists of all sworn employees (hereafter referred to as bargaining
unit member(s)) holding positions in the classifications shown below which may hereafter be added
to, reduced or changed as hereinafter provided, and excludes all other employees not specifically
shown below in Section 1.4. Changes in the bargaining unit shall only be made upon proper
application to and adjudication by the appropriate state agency and/or the appropriate court of
competent jurisdiction; or as may be mutually agreed upon by the parties.
1.3 The salaries listed in the appendices represent an approximation. The salary schedule
issued by the Human Resources Department is the official City salary document.
1.4 Bargaining Unit Classifications.
Class Code Number Class Title
5005
5006
5011
5012
5013
5014
5015
5080
Officer
Motor Officer
Sergeant
Lieutenant
Captain
Motor Sergeant
Motor Lieutenant
Detention Officers
Tentative Agreement City hi Date 1 (//2�/3 Union Date
Article 2
REPRESENTATION OF THE CITY
2.1 The City shall be represented by the City Manager, or a person or persons designated in
writing to the F.O.P. by the City Manager. The City Manager, or his designated representative,
shall have sole authority to conclude an agreement on behalf of the City subject to ratification by an
official resolution of the City Commission. It is understood that the designated representatives of
the City are the official representatives for the purpose of negotiating an Agreement. Any
negotiations entered into with persons other than those defined herein, regardless of their position or
association with the City, shall be deemed unauthorized and shall have no standing or weight of
authority in committing or in any way obligating the City. It shall be the obligation of the City
Manager, or his designated representative to notify the F.O.P. in writing of any changes in
designation of the City's representative for the purposes of negotiations.
2.2 For the purpose of this Agreement, reference(s) to the Chief of Police shall include his/her
designee.
Tentative Agreement City Date J/Jj.21)3 Union
Date V\�')
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 deemed 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.F. 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.
3.2 The parties agree that time spent in contract negotiations will be paid at the straight time
rate.
Tentative Agreement City Date ll / /4%3 Union
Date k(AS
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 teiuis 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
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
Tentative Agreement City g Date 1021l3 Union Date �`� fi)
1
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.
Tentative Agreement City W i Date I cif2-43 Union
Date 4//\
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 perfouuance 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, suc . action
Ia / 1 "t�
Tentative Agreement City Date I s %J-3 Union Date �,1
by the City shall not be grievable or arbitrable under the provisions of Article 6 - Grievance
Procedure.
Tentative Agreement City >,/"A,/( Date /VD-/15/- Union
DatA�\1
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 teats or
provisions thereof.
A grievance shall refer to the specific provision or provisions of this Agreement alleged to
have been violated. Any grievance not confoiiuing to the provisions of this paragraph or that
contains non -identification of specific violations of the agreement shall be denied and not eligible to
advance through the steps of the Grievance Procedure including arbitration.
6.3 Nothing in this Article or elsewhere in this Agreement shall be construed to permit the
F.O.P. to process a grievance (a) on behalf of any bargaining unit member without his consent, or
(b) with respect to any matter which is the subject of a grievance, appeal, administrative action
before a governmental board or agency, or court proceeding, brought by an individual bargaining
unit member or group of bargaining unit members, or by the F.O.P.
6.4 It is further agreed by the F.O.P. that bargaining unit members covered by this Agreement
shall make an exclusive Election of Remedy prior to filing a 2nd step grievance or initiating action
for redress in any other forum. Such choice of remedy will be made in writing on the Election of
Remedy fouun 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 of p3+pcess the grievance,
Tentative Agreement City i Date 12-/ Union
Date
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 foini 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. For grievances that apply to a number of bargaining union members
having the same issue to be decided, as referenced above, the Union will make a good faith effort to
identify the aggrieved bargaining unit members either by name or by definition. The Union and the
City will make a good faith effort to resolve any disputes regarding the identification of the class
prior to commencing with the Step 3 hearing. The Union will be permitted to amend its
identification (either by name or by definition) of the aggrieved bargaining members in the class up
to thirty (30) days prior to the date of the arbitration hearing. 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.
Tentative Agreement City Date f f / l q)-3 Union
Date \,; 11'7%
6.6 Only a bargaining unit member who has pen nanent Civil Service status as a sworn Police
Officer in the Miami Police Department may appeal a suspension, demotion, or dismissal through
the grievance procedure contained in this Agreement or in accordance with the appeal procedure of
the Civil Service Rules, but not both. Such grievances shall be filed at Step 3 within the time limits
set forth for Step 1.
6.7 Disputes involving the granting of workers' compensation shall not be subject to this
grievance procedure, but disputes involving the granting of supplemental disability pay shall be
grievable.
6.8 Grievances shall be processed in accordance with the following procedure:
Step 1.
Step 2.
The aggrieved bargaining unit member shall discuss the grievance with his immediate
supervisor within seven (7) 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
seven (7) 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 foiru
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 fou n indicates the grievance is to be advanced through the
Tentative Agreement City , Date U/14 3 Union
Date
,,\de)
v
Step 3,
Step 4.
Grievance Procedure, the bargaining unit member or the F.O.P. representative shall
reduce the grievance to writing on the grievance foim provided for this purpose and
present such written grievance to the Department Head or his designee within seven (7)
working days from the time the response was given at Step 1. The Department Head or
his designee shall meet with the bargaining unit member and/or the F.O.P. representative
and shall respond in writing to the bargaining unit member and the F.O.P. within seven
(7) working days from receipt of the written grievance.
If the grievance has not been satisfactorily resolved in Step 2, the bargaining unit member
or the F.O.P. may present a written appeal to the City Manager or the Labor
Relations/Deputy Director, Department of Employee Relations within seven (7) working
days from the time the response was given at Step 2. The City Manager an.d/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 clays from the date of hearing.
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.
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,
Tentative Agreement City Date 1 jalf-3 Union
Date'
subtract from, or otherwise alter or supplement this Agreement, or any part thereof,
or any amendment hereto. The Arbitrator shall have no authority to consider or rule
upon any matter which is stated in this Agreement not to be subject to arbitration or
which is not a grievance as defined in this Agreement, or which is not covered by
this Agreement; nor shall this Collective Bargaining Agreement be construed by the
Arbitrator to supersede any applicable laws.
3. It is contemplated that the City and the F.O.P. or bargaining unit member shall
mutually agree in writing as to the statement of the matter to be arbitrated prior to a
hearing; and if this is done, the Arbitrator shall confine his decision to the particular
matter thus specified.
4. Each party shall bear the expense of its own witnesses and of its own representatives.
The F.O.P. and the City shall bear equally the expense of the impartial Arbitrator,
including any retainer fee of the Arbitrator. Should any individual bargaining unit
member bring a grievance under this Article, he/she shall be required to post a bond
of an estimated one-half (1/2) of the expenses of the hearing with the arbitrator before
the hearing may be scheduled. The party desiring a transcript of the hearing will
bear the cost of same.
5. Copies of the award of the arbitration made in accordance with the jurisdiction or
authority under this Agreement shall be furnished to both parties within thirty (30)
days of the hearing and shall be final and binding on the aggrieved bargaining unit
member(s), the F.O.P. and the City.
6. The Arbitrator shall be selected by agreement of the parties. In the event the parties
cannot agree upon an Arbitrator, the Federal Mediation and Conciliation Service
shall be requested to nominate five (5) persons for such position. Each party may
Tentative Agreement City rj Date 448 Union
DatelA11)
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 members in connection with
civil suits brought against them arising out of the course and scope of their official duties, as
determined by the F.O.P.
Tentative Agreement City 21,4 Date ji2.1/3 Union
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, or the City of Miami Departmental Orders, 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).
Tentative Agreement City Date (fI (21/3 Union
Date \1
Article 8
DISCIPLINARY PROCEDURE
8.1 Whenever a bargaining unit member (for purposes of this Article, the terius "bargaining
unit member" and "law enforcement officer" shall be used interchangeably) is under investigation
and subject to interrogation by members of the City of Miami Police Department for any reason that
could lead to disciplinary action, suspension, demotion, or dismissal, such interrogation must be
conducted under the following conditions:
A. The interrogation shall be conducted at a reasonable hour, preferably while the
bargaining unit member is on duty, unless the seriousness of the investigation is of
such degree that an immediate action is required. If the bargaining unit member is
off duty at the time of the interrogation, the bargaining unit member shall be entitled
to overtime.
B. The interrogation shall take place either at the office of the command of the
investigating officer or at the office of the local precinct or police unit in which the
incident allegedly occurred, as designated by the investigation officer or agency.
C. The law enforcement officer under investigation shall be informed of the rank, name,
and command of the officer in charge of the investigation, the interrogating officer,
and all persons present during the interrogation. All questions directed to the officer
under interrogation shall be asked by or through one interrogator during any one
investigative interrogation, unless specifically waived by the officer under
investigation.
D. The bargaining unit member under investigation shall be infouned of the nature of
the investigation before any interrogation begins, and he or she must be informed of
the names of all complainants. All identifiable witnesses shall be interviewed,
Tentative Agreement City Date /fa//3 Union
Date
whenever possible, prior to the beginning of the investigative interview of the
accused officer. The complaint, all witness statements, including all other existing
subject officer statements, and all other existing evidence, including, but not limited
to, incident reports, GPS locator information, and audio or video recordings relating
to the incident under investigation must be provided to each officer who is the
subject of the complaint before the beginning of any investigative interview of that
officer. An officer, after being informed of the right to review witness statements,
may voluntarily waive the provisions of this paragraph and provide a voluntary
statement at any time.
E. Interrogating sessions 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 under investigation may not be subjected to abusive or
offensive language or be threatened with transfer, dismissal or other disciplinary
actions. No promise, or reward or threat of action shall be made as an inducement to
answering any question.
G. The founal interrogation of a law enforcement officer, including all recess periods,
must be recorded on audio tape, or otherwise preserved in such a mariner as to allow
a transcript to be prepared, and there shall be no unrecorded questions or statements.
Upon the request of the interrogated officer, a copy of any recording of the
interrogation session must be made available to the interrogated officer no later than
72 hours, excluding holidays and weekends, following said interrogation.
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
Tentative Agreement City %G'i )4 Date 11//21l. Union
Date
41\9
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.
K. At the request of the bargaining unit member, he or she has the right to be
represented by counsel or any other representative of his or her choice, who shall be
present at all times during the interrogation whenever the interrogation relates to the
officer's continued fitness for law enforcement service.
L. When an attorney or bargaining unit member representative is requested, the
bargaining unit member shall be given a reasonable period of time to obtain
Tentative Agreement City Date /12-JO Union
OADate �'' D
representation. 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.
8.2. 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.
8.3 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.
Tentative Agreement City )-4 Date r ( if 413 Union
Date 1, I) '
Article 9
LINE OF DUTY INJURIES
9.1 The City agrees to pay all medical and hospitalization expenses as provided by Florida
Statute 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 Third Party Administrator as
provided for by the Workers' Compensation Laws of the State of Florida. If the bargaining unit
member fails to provide the required notice, he/she will waive any supplemental benefits over and
above what is provided for by the workers' compensation laws. However, the parties agree to
establish a Police Labor/Management Committee to establish policies and to determine how to
provide medical treatment and equipment, etc. medically equivalent to that prescribed, by the most
efficient and cost effective means to curtail excessive medical costs for accepted claims in the
following areas:
Health Club and Country Club memberships
Capital improvements on the home
Transportation
Medical equipment for home use
The Police Management Committee shall consist of one member appointed by the FOP
President, one member appointed by the Chief of Police, and one member selected by these two
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
Tentative Agreement City ›),ItY74 Date I f//Z)j.; Union
Date 1 " �''
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 emit member may be
entitled. The bargaining unit member agrees to sign this workers' compensation check back to the
City. The City will also issue a second check to the bargaining unit member which will consist of an
amount equal to the workers' compensation payment and the supplementary salary as set out, and
subject to the limitations below. After those deductions with mandated preference under federal
law, the City agrees to take deductions and/or credits from this second paycheck in the following
order: workers' compensation (will be indicated on the check as a credit for the City and will be
non-taxable), pension, health insurance, and any other deductions. The parties agree that this
process is intended to provide the bargaining unit member with these paychecks without
interruptions.
Should the bargaining unit member refuse to return the workers' compensation check to
the City, the City shall cease making any deductions for the bargaining unit member from the
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
Tentative Agreement City ✓) )14 Date < (I(/i3 Union
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.
9.4 Supplemental Salary
The City agrees that any bargaining unit member covered under this contract who is
disabled as a result of an accident, injury or illness incurred in the line of duty shall be granted
supplementary salary, subject to the following conditions:
Supplementary salary will be paid in the form of a continuation of the bargaining unit
member's regular paycheck, as provided by Resolution No. 39802. This check will include those
indemnity payments provided for under Workers' Compensation Law. It is agreed by the parties
that the combination of supplemental and worker's compensation pay shall not exceed nor be less
than one hundred percent (100%) of the bargaining unit member's weekly net base pay (excluding
overtime and any pay supplements not included in the bargaining limit 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 "ID". 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
Tentative Agreement City ✓2/9 24
Date 11//193 Union
Date ���
supplementary pay equal to the 2/3 "D" payments pursuant to current practice.
9.5 If a bargaining unit member becomes Permanently and Totality Disabled (PTD), as
determined by a City approved attending physician, from the further performance of the duties of
his/her classified position then at the end of one hundred four (104) weeks of disability, he/she is
considered to have reached statutory maximum medical improvement and is required to petition the
retirement board for retirement, otherwise he/she must:
• Request for a ninety (90) day unpaid leave of absence under the Family Medical
Leave Act (FMLA);
• Apply for another City position;
• Resign;
• Be dismissed by Department Action
The supplementary salary of the difference of 2/3 "D" as described above shall continue until the
F.I.P.O. board concludes the hearing with a final determination.
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 -
Tentative Agreement City 7'/ Date I i //2'%i-; Union
Date "
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.
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;
Tentative Agreement City >Y) ) Date 7 (Ir2IJ 3 Union
• 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 the bargaining unit member is collecting City supplementary pay, the bargaining unit member
shall be required, upon the request of the City Manager, or his/her designee, to submit to a physical
examination by a physician designated by the City Manager within fifteen days of the request. If
such bargaining unit member, without cause, as determined by the City Manager, shall fail to
submit to the examination at the time specified, all City supplementary salary benefits will be
terminated.
9.7 Deductions on Workers' Compensation Payments Plus Supplementary Salary
In the event the line of duty injury entitles the bargaining unit member to a workers'
compensation benefit and a supplementary benefit, the bargaining unit member shall authorize the
City to combine the two (2) payments and additionally authorize that the City continue to make
regular payroll deductions as follows:
1. First Level: Federal and State mandated deductions (for example, Medicare, social
security, withholding, and child support or garnishments).
2. Second Level: Pension contributions (the amount of the pension contribution shall be
based on earnable compensation as defined by Miami Code Section 40-191), medical and life
insurance contributions.
3. Third Level: A weekly amount of eighty eight dollars and ninety five cents ($88.95)
(one hundred and seventy seven dollars and ninety cents ($177.90) bi-weekly) deducted from
Tentative Agreement City )94 Date ) t/r2- jJ3 Union
Date 11\Ili\
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
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 coning 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 driving
under the influence in violation of the provisions of Chapter 316 of the Florida Statutes entitled
"State Unifoini Traffic Control."
Tentative Agreement City Date 1 //LJ)3 Union
Date IA
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 Human Resources determines would affect the teinis 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 teinis 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 Human Resources, Division of Labor Relations during noinialworking hours.
Tentative Agreement City
Date j(ff21 Union
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. The F.O.P. will also
be permitted to send electronic notices to its member on the City E-Mail system upon approval of
the Chief, whose decision is not subject to the grievance procedure.
Tentative Agreement City))/
Date I + b2J) Union
Date''
�LI13
Article 12
DEPARTMENT DTSCIPLTNARY REVIEW BOARD
12.1 It is the purpose of the Departmental Disciplinary Review Board to provide a method of
ascertaining the fairness and consistency of punitive action for infractions of the Departmental
Rules and Regulations, Departmental Orders and other Departmental Directives. A part of this
review process is the Departmental Disciplinary Review Board, which makes advisory
determinations and non -binding recommendations to the Chief of Police on matters of discipline.
Departmental actions against a bargaining unit member arising from a claim of fitness for duty or
workers' compensation shall not be reviewed by the Departmental Disciplinary Review Board or the
Departmental Disciplinary Review Board Chairperson. Any decisions by the Departmental
Disciplinary Review Board or any policies established by the Departmental Disciplinary Review
Board are not arbitrable under this Collective Bargaining Agreement. The Departmental
Disciplinary Review Board does not possess adjudicators or quasi-judicial powers. As such, its
hearings are non -adversary in nature; the bargaining unit member appears before the Board
voluntarily at his/her request, the bargaining unit member shall be entitled to representation by a
bargaining unit member of his/her choice and shall be permitted to examine witnesses, to present
witnesses, 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
Tentative Agreement City )1') Date fiL2-h Union
Date
may be reviewed by the Chairperson of the Deparmental 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 Depailmuental 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 milt member refuses to undergo controlled substance testing, the
member shall be on no pay status pending termination.
12.3 Since the Departmental Disciplinary Review is at the request of, and for the benefit of, the
bargaining unit member, no paid overtime or compensatory time will be given for attendance before
the Board; however, a change of work hours shall be scheduled, if possible, so that the bargaining
unit member will be working during the hours that the Board is convened.
12.4 It is agreed that the convening of the Departmental Disciplinary Review Board shall be
effectuated as expeditiously as possible following the written request of the accused bargaining unit
member. Should an accused bargaining unit member facing termination request to continue a
hearing or delay it's convening, then it is agreed that the bargaining unit member shall waive his
emoluments in exchange for the continuance of the hearing. Continuance or delay of the
Departmental Disciplinary Review Board upon the bargaining unit member's request shall not
exceed 150 calendar days, unless in the sole discretion of management a further continuance of the
Department Disciplinary Review Board would be approved.
12.5 Administrative actions taken that result in the bargaining unit member being carried "W"
or "WW" shall not be subject to the review of the Department Disciplinary Review Board.
Tentative Agreement City hi Date 11'b Zi1.3 Union
Date V1\17/13
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 perfoiming work or required to attend court or any other
proceeding arising out of the course of his/her official duties at a time which is continuous with his
scheduled work shift shall be paid at his/her overtime rate consistent with Article 15,
Overtime/Compensatory Time, and the minimum three (3) hours Recall shall not apply,
13.4 A bargaining unit member eligible for overtime, attending court or other proceedings
arising out of the course of their official duties one (1) hour or less before the start of their
scheduled tour of duty shall receive one (1) hour of overtime.
13.5 A bargaining unit member eligible for overtime for attending court or other proceedings
arising out of the course of their official duties one (1) hour or less after the end of their scheduled
tour of duty shall be paid at their overtime rate, consistent with Article 15 - Overtime/Compensatory
Time for the time period starting from the end of the bargaining unit member's work shift to the end
of court or any other proceeding arising out of the course of his/her official duties proceeding or for
one (1) hour, whichever is greater.
13.6 A bargaining unit member who is required to attend court or any other official proceeding
arising out of the course of his/her official duties for a period which is greater than one (1) hour and
less than or equal to three (3) hours and one minute after the scheduled end of his/her tour of duty,
Tentative Agreement City )9'791/7
Date rh21l3 Union
Date\1 4i
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.
Tentative Agreement City Date II )2.'13 Union
Article 14
TRANSFERS
14.1 It shall be the sole right of the Chief of Police to transfer bargaining unit members, in
specialized units for disciplinary reasons provided however, that the bargaining unit member may
appeal such a transfer under the grievance procedure set forth in Article 6 of this agreement.
Bargaining unit members shall be notified six (6) calendar days prior to transfer, except when, the
nature of a particular situation requires an immediate but temporary reassignment, or an employee
returns to work on a limited/light duty status and the bargaining unit member's physical limitations
preclude the bargaining unit member from being assigned to his/her previous assignment.
14.2 A transfer means a change 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.
Tentative Agreement City )11 Date f (J i)iJ Union
Date ��
Article 15
OVERTIME/COMPENSATORY TNi IE
15.1 For the term of this Agreement bargaining unit members shall be paid one and one half (1
1/z) times their regular rate of pay for all work performed in excess a bargaining unit member's
normal work day or in excess of a bargaining unit member's normal work week, and shall be
considered overtime work.
15.2 Bargaining unit members performing compensable overtime work shall, at their discretion,
be paid time and one-half (11/7) at their straight time hourly rate of pay or shall be given
compensatory time at the rate of time and one-half (11/2) for such work. This overtime rate shall be
all-inclusive and no additional compensation in the form of additional holiday pay, etc., shall be
paid.
15.3 The parties agree that the daily overtime requirements as set forth in this contract shall not
apply in any future FLSA litigation concerning a matter for which daily overtime is not currently
paid or for off -duty maintenance of any take home equipment used in the scope of employment.
Practices instituted by management are not subject to the foregoing sentence.
15.4 The maximum accumulation of compensatory time hours is two hundred (200). Any
hours in excess of two hundred (200) will be paid out at current hourly rate. Bargaining unit
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
Tentative Agreement City )11 ✓)' / Date ll/Z /3 Union
Date lA'�
staffing cannot be maintained as determined by the Chief of Police or designee. If a request is made
within twenty-four (24) hours, the request for approval will rest with the commanding officer.
When minimum staffing cannot be maintained as determined by the Chief of Police or designee,
then compensatory time shall not be utilized during the holidays listed in Article 20 — Holidays, or
during special events e.g., Halloween, Super Bowl, etc., when major deployment of personnel is
required. Requests submitted within ten (10) days prior to the requested day(s), may be granted at
the sole discretion of management pursuant to minimum staffing. When a bargaining unit member
takes compensatory time off, the hours in his bank shall be appropriately reduced by such time off.
If a bargaining unit member leaves the service of the City and cashes in his bank, the hours therein
shall be valuated on the basis of the rate of pay earned by the bargaining unit member during the
last pay period.
15.5 In the event, a state of emergency is declared due to an act of God, and the City Manager
grants emergency leave, such leave shall not be included in determining eligibility for overtime.
The bargaining unit member utilizing such leave shall be paid straight time for those hours worked
in excess of their normal work day or in excess of their normal work week equal to the number of
hours taken as emergency leave, before overtime shall apply.
15.6 The parties agree that overtime hours shall not be used in the computation of arriving at
average earnings for purposes of establishing pension benefits.
15.7 The parties agree that assignments of overtime work shall rest solely with the Chief of
Police.
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.
Tentative Agreement City - Date rr/���/..? Union
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 at the rank of Captain and Detention Officers 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
Schedule shall not preclude Management ending such assignments when Management determines
the 4-10 Work Schedule is no longer necessary.
Tentative Agreement City d i") 211 Date if //2,6-3 Union
Date
218
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.
Tentative Agreement City /%
Date Ii)r)--. Union
'1 2-6
Date
Article 18
WAGES
18.1Egeetive—the—ftr-st-fali-pay-taeried-fo-110-wis
b b b
18.12 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.
18.23-- 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. Other than the eligibility for an increase to Step 1 of the salary range for
new hires upon graduation from the police academy and passing of the state certification exam,
there will be no Step or Longevity increases during this Agreement.
Bargaining unit members hired directly as certified Police Officers that were previously
employed as certified Police Officers with the City of Miami, with prior law enforcement
b � b
Tentative Agreement City).U.M Date 1(1 f43 Union
Date �11'Z
b , shall be
placed at the following pay steps commensurate with their years of prior law enforcement
experience:
0 — 2 years experience Step/ 1
2 — 4 years experience - Step 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 perfouuance. The period of probationary service
shall not be less than twelve (12) months nor more than eighteen (18) months, unless extended
by the department.
18.3 4- A pay structure has been implemented providing for two and one-half. percent (2.5%)
increases every six (6) months for steps 2 through 16. Future step increases will require
satisfactory evaluations. Upon ratification, the provisions of this section will be frozen and on
increases= ill co cen-GEtebe--r-1; 2014. Effective the first full pay period after October 1,
2013, bargaining unit members in Appendix A will receive an adjustment to their salary to
include the step increases that they would have received had they not been frozen in 2010.
Thereafter, steps shall be frozen. Effective April 1, 2014, those employees identified in
Appendix B will receive a one-time three percent (3%) increase to their base pay, excluding any
and all supplemental pay. There will be no further increases in pay for these employees for the
Tentative Agreement City Date 1(/( 2113 Union
duration of this Agreement. In addition, effective the first full pay period after October 1, 2013,
those employees identified in Appendix C will receive a one-time two percent (2%) increase to
their base pay, excluding any and all supplemental pay. There will be no further increases in pay
for these employees for the duration of this Agreement.
Individuals identified in Appendix A, B and C who wish to dispute the amount of the
increase they are to receive will have ninety (90) days to do so from the effective date of this
Agreement or their right to do so shall be waived. If it is discovered that an individual
inadvertently received an increase in excess of the amount prescribed above they shall have their
rate of pay corrected accordingly, and any overpayments shall be subject to recovery pursuant to
the Administrative Policy Manual APM 2-11: Overpayment and Correction Procedures. The City
of Miami shall have ninety (90) days from the effective date of this Agreement to identify any
overpayments. After ninety (90) days, the City of Miami will waive their right to recover
overpayments on all individuals.
18.4 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.
18.5 6 Any City of Miami employee, unless a former City of Miami police bargaining unit
member as specified in 18.7, 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.
Tentative Agreement City '%
Date 1 t Jlzf 1. Union Date
18.6 7 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 fowler 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 perfounance. 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 twelve (12) months nor more than eighteen (18) months, unless
extended by the department.
18. 7 S Bargaining unit members while active in the below listed assignments, shall receive
$1,500 pay supplement (to be prorated and paid on a bi-weekly basis) on their base rate of pay:
A. Neighborhood Resource Officer
Tentative Agreement City-7 Date Ilia/6 Union DateN.\\)", N
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 $1,500 annualized pay supplement (to be prorated and paid on a bi-
weekly basis) on their base rate of pay. The Senior Unifoini Patrol Officer and
the Senior Uniform Patrol Sergeant will receive the pay supplement as defined
herein. The $1,500 annualized pay supplement will only be paid to bargaining
unit members assigned to non -administrative positions, excluding front desk
officers.
1.
a)
b)
Qualifications
Senior Unifoi.ni 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.
Senior Uniform Patrol Sergeant
(a) Not less than fifteen (15) consecutive years of service in the
department.
Tentative Agreement City Date (( z1/3 Union
(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 Uniforrn 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.
Tentative Agreement City )Y2)1'1 Date 10413 Union
`3Date �i �,'
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 an.d 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
perfoilu the duties of investigating cases as determined by the Chief of Police will
receive a $1,500 pay supplement (to be prorated and paid on a bi-weekly basis) on
their base rate of pay. The $1,500 annualized 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.
Tentative Agreement City ) )'Y/ Date It1f2./i3 Union
Date
L�g�
(d) No sustained IA investigations with a reprimand as discipline within the
past two (2) years.
2. Under the below listed circumstances, bargaining unit members receiving
Police Officer (Investigator) or Sergeant (Investigator) pay shall forfeit
such pay when:
(a) Transferred out of the position of Police Officer (Investigator) or
Sergeant (Investigator),
(b) Promoted,
(c) Relieved of duty or administratively reassigned (temporary loss during
period).
3. Application for Police Officer (Investigator) or Sergeant (Investigator)
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 Sergeant
Investigator) Committee.
4. Police Officer (Tnvestigator) 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
Tentative Agreement City dYJ Date I aJ,2/J3 Union
Date
Officer (Investigator) and Sergeant (Investigator) pays. The committee
shall establish its own rules and procedures.
H. Certified Underwater Recovery Specialist Diver Assigned to the Marine Patrol
Unit
18.8 9 Bargaining unit members active in the below listed assignments shall receive a pay
supplement as indicated:
A. Certified Instructors (CIIS) assigned to MPD Training Unit -two percent (2%).
B. Crisis Intervention Teams two and one half percent (2.5%)
18.94-9 Bargaining twit 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.
18.10 14 All active sworn bargaining unit members shall receive Crime Prevention pay in the
foil�l of an annualized $2,700 pay supplement (to be prorated and paid on a bi-weekly basis).
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 one hour deduction for each hour of leave of absence.
18.111Z 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)
Tentative Agreement City),1 Date t1/1t/1.a Union
Date \�\iYJ:
hours of pay, provided such pay shall not be included in calculating a bargaining unit member's
average earnings for pension purposes.
18.12 Any pay supplements received shall be calculated on the bargaining unit
member's base rate of pay. Pay supplements shall not be included in bargaining unit member's
base rate of pay for purposes of calculation of overtime or 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 deducted at the same rate
or amount as the bargaining unit member was overpaid. If the bargaining unit member ceases to
be an employee of the City, any balance due will be deducted from any monies due the
bargaining unit member, including retirement benefits, or at the City's option collected in any
other legal manner.
18.13 44 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.
Tentative Agreement City% Date (I //2//3 Union Date \NA\3
18.1415 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. Upon ratification, the provisions of this section will be
frozen, and on February 1, 201 15, or as soon thereafter as possible, the parties will negotiate
over longevity increases will commence on October 1, 204-415.
18.1516 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.
18.1617 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.
18.1748 Effective the first full pay period after October 1, 2013 Bbargaining unit members who
have obtained or 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
Tentative Agreement City in Date ill/2-J)? Union
Date
b. Bachelor Degree- $2,200
c. Master's 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. It is agreed that for the term of
b b b
members.
18.184-9 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.
18.1928 The parties understand that during calendar year 2010 the City imposed terms and
conditions of employment related-ta--wages. T y co4F4RC, or—arbitr torrules t
valid, those matters or portions of matter which have been illegally or improperly imposed will
the Agreement.
effee e aet of ente g 1nte sag
Tentative Agreement City
Date 11 f121J Union
Date ti"tti`\
into this agreement as a waiver defense in any pending judicial, administrative, or arbitral
proceeding concerning the 2010 imposition.
The parties recognize the right to continue to pursue pending legal challenges to the declaration
of a financial urgency by the City in 2010 and any resulting changes to the terms and conditions
of employment that resulted. This contract will define the teii ns and conditions of employment
going forward from its effective date of October 1, 2013.
18.2021 Upon promotion, each bargaining unit member will receive a salary increase of 10%.
Upon successful completion of the promotional probationary period in the higher classification,
the promoted bargaining unit member shall receive an additional 5% as to be executed within the
City's pay structure.
Tentative Agreement City 21'7 Date I
Union
Date
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.
Tentative Areernent City Date lth2-`d b3 Union
Date
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 (11/2) of their straight time hourly rate or shall be given scheduled compensatory time
at the rate of time and half (11V2) 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.
Tentative Agreement City
Date j(if2-/r. Union
Article 21
Blank page (Reserved)
Tentative Agreement City Date 11 /3 Union
Date
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) unifoiin
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 andfifteen 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 uniforru allotment, he/she
may request up to four (4) uniform trousers/skirts, six (6) un iforur 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 unifoirn he/she is requesting to be
replaced.
Tentative Agreement City Date' I/f3 Union
ry
Date �C��2AO
Tentative Agreement City 2 ?kn Date 11/2,// 3 Union
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 detetniined 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 depa went
Date 17 12 13
provides unifotni or alternative clothing shall not be entitled to a clothing allowance. All unifoiiiied
and non-unifoiiued assignments will be determined solely by the Chief of Police.
22.7 Authorized non-unifou ned 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 noninally 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 (3rd) allotment of clothing as provided in Section 22.1 and
thereafter, one (1) shirt and one (1) trouser/skirt or a combination of uniforms and leather
accessories from a list provided by the department, not to exceed sixty five dollars ($65). Such
selection shall be in lieu of the normal uniform allotment the bargaining unit member would
otherwise receive as provided in Section 22.2 following his/her third year of employment
Replacement of these unifoini 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
Tentative Agreement City
Date /142/13 Union
Date \'\\1 �)
voicemail. Upon request of the Chief of Police or designee, employees will be required to provide
proof of payment of their cellular phone bills.
22.9 The obligations to purchase replacement uniforms will be suspended for fiscal year 2013 -
2014 starting October 1, 2013 and fiscal year 2014 - 2015 starting October 1, 2014.
Tentative Agreement City Date 11//21 i 3 Union
j3
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.
Tentative Agreement City )31 >71 Date f l )l,2-Ji 3 Union
Date ►A
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 City's contributions to the total plan cost.
24.2 The F.O.P. plan participants shall contribute thirty five percent (35%) of the plan
costs to the F.O.P. Health Trust. The City shall contribute sixty-five percent (65%) of total plan
cost, current estimate, eleven million two hundred thousand dollars ($11,200,000.00). Total plan
costs shall be determined on an annual basis by sound accounting practices and projections from
a fiun engaged by the F.O.P. Trust. The City reserves the right to conduct its own Actuarial and
plan review to evaluate plan management and to verify the projections submitted by the F.O.P.
Health Trust at no cost to the plan. Upon request, the F.O.P. Health Trust agrees to provide the
City's designee and/or benefit consultants with all pertinent plan projections, plan design, and
vendor arrangements. If there are any discrepancies between the findings of the City and the
plan's management and projections of the Trust's Actuary which cannot be resolved, a mutually
agreeable third party Actuary shall review the findings from both parties and render a decision.
The decision of the third party Actuary shall be final and binding with regard to the
determination. The third party Actuary will be a member of the Academy of Actuaries with the
designation of Member of the Academy of Actuaries Association (MAAA) or a Fellow of the
Academy of Actuaries Association (FAAA). The cost of the third party will be shown as a cost
Tentative Agreement City 20 Date'02 13 Union
Date
to the F.O.P. Health Trust and the City will pay sixty five percent (65%) as part of the total plan
costs and the F.O.P. Health Trust shall pay 35%. To the extent there is an impact on the Trust
due to the "Government Accounting Standards Board ("GASB") issued Statement No. 45, such
impact will be excluded from the funding calculations for total plan cost as stated in the
collection bargaining agreement.
The City reserves the right to request monthly claims reports for monitoring purposes
and to conduct a projection analysis and plan review should the F.O.P. Health Trust fund drop
below three million dollars ($3,000,000) at any time during the plan year in determining
contribution adjustments. Plan adjustments will be made no more than once a year and
implemented at the beginning of each calendar year.
Based on the agreed projected total plan costs, the City shall contribute sixty five
percent (65%) paid in equal bi-weekly amounts during the Plan year.
The F.O.P. agrees that the City Manager has the right to appoint a representative to act
as a non -voting member of the F.O.P. Health Trust Board to attend all regular and special
meetings, including, but not limited to meetings with regard to plan design, plan costs,
utilization, experience, and plan projection for upcoming plan years, and legal discussions
---- pertaining -to- the --F.O..P. Health -Trust -that -do -not involve the City of -Miami —The appointed — —
representative will sign a confidentiality agreement and follow the plan's rules and guidelines.
HIPAA certification is required by the City's designees to attend these meetings, therefore, the
F.O.P. agrees to provide such certification training.
Tentative Agreement City )3"1 Date lik-//.j Union
Date
24.3 If the total F.O.P. Health Trust fund drops below three million ($3,000,000.00) 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 three million ($3,000,000.00) 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' fmancial 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 three million ($3,000,000.00)
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 six million ($6,000,000.00) 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 six million ($6,000,000.00) dollars.
The benefit levels of the F.O.P. Health Trust shall not be changed if such changes
would result in increased liability to the City in maintaining the three million ($ 3,000,000.00)
level.
24.4 The F.O.P. shall maintain its own group health, life, and accidental death and
dismembeiuient insurance plan. All current, future, and retired sworn police bargaining unit
members shall be eligible to participate in the F.O.P.'s plan, but shall forfeit the right to
participate in the City's plan.
Tentative Agreement City 014' Date
Union
Dates! I 0
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. shall indemnify, and hold the City harmless, against any claim, demand,
suit, or liability and for all legal costs arising in relation to the implementation or administration
of the F.O.P.'s health insurance plan.
24.7 The F.O.P. agrees to enroll sworn management personnel in its plan if those individuals
elect such coverage.
24.8 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.
Tentative Agreement City ))/1 �'� Date /� // � Union
Date
24 q
411 issues
be-1-1,1-e,u1 ir643-1- ca7rits(1/2(4?
(,6) vit role fo(
5irv'
-embefg fe fes-eked 67,
a I i,Jo,rv46-kyeeriei 4. 491) ti cf \ite r
--Foi c�
144
s
4,0 07.e. ( O Js ) a'
A,104. dh s�onprovisim
r c+io h J afi of Gt��j e. rv(.L��
�� lc 5Gi�C-6✓I7111Il// e
±IAL 4-1-1 4‘ r qr
f-i-fed..
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
emit members in the bargaining unit who individually make such request on a written check off
authorization foiin provided by the City. Such deduction will be made by the City when other
payroll deductions are made and will begin with the pay for the first full pay period following
receipt of the authorization by the City.
25.2 The City shall remit deductions of dues during the week following each biweekly pay
period to a duly authorized representative as designated in writing by the Union. The F.O.P. shall
remit to the City the amount of five hundred dollars ($500.00) per payroll year for administrative
cost. This amount shall be payable in full at the beginning of each payroll year.
25.3 In the event a bargaining unit member's salary earnings within. any pay period, after
deductions for withholding, Social Security, retirement, group health insurance, and other priority
deductions, are not sufficient to cover dues it will be the responsibility of the F.O.P. to collect its
dues for that pay period directly from the bargaining unit member.
25.4 Deductions for the Union dues shall continue until either:
A. _ Revoked by the bargaining unit member by providing the_ City with thirty-(30)
days' written notice that he is terminating the prior check off authorization,
B. The separation of employment of the authorizing bargaining unit member,
C. The transfer, promotion, demotion of the authorizing bargaining unit member out
of this bargaining unit,
D. The revocation or suspension of dues deduction as certified by the duly authorized
Union representative or,
Tentative Agreement City ) ) Date / t/I Z/1;3 Union
Date 113
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.
Tentative Agreement City
Date )f fjzlj3 Union
Date
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 foiui shall be processed through channels of the bargaining unit member who is to use the pool
time. The foiiu 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:
Tentative Agreement City 7 )vi
Date 1(ll Z1l 3 Union
r‘\
Date
"Officer Doe on FOP" (F.O.P. Time Pool)
26.5 Any injury received or any accident incurred by a bargaining ling 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 teulus 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
Tentative Agreement City 7'"1'l.4 Date i 1/2- 1-7 Union
Date
."'2\
the two (2) designees are on off -duty release except that absence due to use of
vacation leave, sick leave, holidays, or compensatory leave will be charged to the
President and designee's leave accounts.
26.7 All applicable rules, regulations and orders shall apply to any bargaining unit member on
time pool release. Violations of the above -mentioned rules, regulations and orders shall subject the
bargaining unit member on pool time to the regular disciplinary processes currently provided for in
the Miami Police Department.
26.8 The City reserves the right to rescind the provisions of this Article in the event any portion
of the Article is found to be illegal, but shall not preclude further negotiations of future bargaining
unit member pool time.
26.9 Members of the bargaining unit who are elected executive officials of the Fraternal Order
of Police shall be permitted to attend one meeting each month of the Fraternal Order of Police
without loss of pay subject to prior knowledge and approval of the Chief of Police. Pay for elective
officials who are on duty shall be charged against the F.O.P. Time Pool. The monthly meetings
shall be limited to two (2) hours and shall involve no more than eleven (11) executive officials.
Tentative Agreement City ) Date /1 /I2-/) 3 Union
Dated
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.
Tentative Agreement City Datefl)/21; 3 Union
Date t
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, domestic partner (who meets the criteria of the FOP Health
Trust), 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 Human Resources, 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 Human Resources.
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 emit 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. Tr 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 Human Resources, Division of Labor Relations.
Tentative Agreement City yj )4 Date 11 1 /3 Union
Date
3
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 perfotuiance 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.
Tentative Agreement City Date ( I I JZ / 1.;- Union
Date )%0I2
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 imrn ediate family member with a serious health condition, or the bargaining unit member's own
serious health condition, eligible deployment/return from deployment rights or any other FMLA
eligible event.
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.
30.4 Upon approval of the Chief of Police, and the City Manager or his/her designee, a leave of
absence without pay maybe 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.
Tentative Agreement City Date it / 1���
* � Union
Datel' \ 1.3
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,
Tentative Agreement City ) »'f Date } (ljz 3 Union
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, and no exceptions to the maximum carryover allowance shall be
permitted absent the express written approval of the City Manager. Bargaining unit members with\\'2/\
Tentative Agreement City Date 11 / ,._h 3 Union Date
unused accrued vacation hours in excess of two hundred (200) hours as of October 1, 2012 shall
have those hours in excess of two hundred (200) hours grandfathered. Bargaining unit members
who were on disability at the time of their scheduled vacation shall be paid for all excess vacation
over two hundred (200) hours at the rate of pay the bargaining unit member was earning at the time
the bargaining unit member was placed on disability. If a bargaining unit member has a vacation
for which he/she was eligible and previously approved cancelled due to staff shortage or emergency
conditions, and is not permitted to reschedule by the end of the calendar year, he/she shall be paid
for any hours in excess of two hundred (200) hours which would have been forfeited. These hours
will be paid up to eighty (80) hours and at the bargaining unit member's current hourly rate of pay.
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 monthsnnual 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.
.\\\\I-\3
Tentative Agreement City ))'))1/1 Date f / 2 /3 Union Date
31.7 Request for vacation payout shall be submitted to the Department of Human Resources,
Division of Labor Relations for approval. Approval may be granted for emergencies or
extraordinary circumstances. Proper backup documentation shall be submitted with the request for
payment to the Labor Relations/Assistant Director, Department of Human Resources whose
decision is final. Decisions of the Labor Relations/Assistant Director, Department of Human
Resources 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 noiuial service retirement (Rule of 70 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 tim.e at the time of severance of service.
Tentative Agreement City )-ni Date 1l //1/13 Union
Date
Article 32
BLOOD DONORS
32.1 Bargaining nnit 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.
Tentative Agreement City Datell
Union
\11-\�i
Date
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 deteiiuine the extent or reasons for a bargaining unit member's absence on sick
leave, the bargaining unit member's immediate supervisor or a Management designee may visit the
home of the bargaining unit member on sick leave with pay. In cases where Management suspects
that a bargaining unit member is malingering, sick leave with pay shall not be granted.
33.2 Permanent bargaining unit members who are in pay status at least one hundred and twenty
(120) hours per month shall accrue up to eight (8) hours sick leave per month, to be utilized in not
less than one (1) hour increments.
33.3 Bargaining unit members in probationary status will accrue sick leave in accordance with
Section. 33.2., however, no sick leave with pay will be granted during the employee's first ninety
(90) days of employment.
33.4 To receive sick leave with pay, a bargaining unit member must notify his/her immediate
supervisor or designated Police 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 Human Resources 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.
Tentative Aweement City 41'1)'9 Date /f / // Union
Date,\ 12 !3
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, domestic partner (who
meets the criteria of the FOP Health Trust), children, father-in-law, mother-in-law, grandparents,
spouse's grandparents, stepfather and/or stepmother.
33.8 Bargaining unit members who have not utilized any sick leave and/or who have not been
on disability or in a leave without pay status for the full payroll calendar year shall receive eight (8)
hours of commendation paid leave.
33.9 Bargaining unit members covered by this Agreement who exercise normal retirement
(excluding bargaining unit members who leave on vested rights) shall be paid for one hundred
percent (100%) of accumulated sick leave up to 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 Bargaining unit members who are terminated from employment, forfeit all sick leave
payout. I I � /,�
Tentative Agreement City Jul Date 11/7-/13 Union Date
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 clue 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 Human. Resources or designee on a faun to be provided
by the City. Except as provided above, donations of leave time shall not be authorized. Should
there be extraordinary circumstances beyond what is contained in this Article, a bargaining -unit
member may request consideration from the Director of Human Resources or designee for a time
transfer. The Director of Human Resources 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, 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. *
Tentative Agreement City %99 Date 1142.-)f3 Union
Date
(�0.3
*NOTE: Any vacation leave time balances that are converted to sick leave under Article 31-
Vacation, Section 31.9 shall be added over and above the 1,000 hour limitations set forth in Section
33.15.
Tentative Agreement City )74 )7 Date I f ( ! :3 Union
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
Tentative Agreement City Date // //2 ).. Union
Date \1'!J
under the influence of alcohol on duty, or off -duty, while driving a City vehicle or
rented City vehicle, or while covered for portal to portal pay for workers'
compensation.
34.2 Random Substance Screening
A. Throughout each calendar year the City may conduct up to one thousand two
hundred and fifty (1,250) random substance screenings on members of the
bargaining unit. A bargaining unit member may be randomly selected no more than
two (2) times during each calendar year and notified that he/she must report for
testing.
B. Bargaining unit members selected for random substance screening shall report to
either a hospital or accredited testing laboratory, as chosen by the City. The hospital
or accredited testing laboratory shall include sufficient safeguards to ensure that
proper chain of custody procedures is enforced.
C. The following drugs or classes of drugs and cut off concentration levels shall be
applicable for determining whether specimens are negative or positive for the initial
or confirmation test. A positive result shall be a concentration in excess of the
following:
Initial Test Level (n,g/ml) 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
Tentative Agreement City )72 )7/2 Date 11 J/2,A3 Union
Date
Phencyclidine 25 25
Amphetamines 1000 500
Methaqualone 300 150
Methadone 300 150
Propoxyphine 300 150
Tricyclic Antidepressants 300 150
Ketamine 25 —until Federal and State
"Industry Standards" are
established
Gamma-hydroxybutyrat 150 until Federal and
State "Industry Standards"
are established
Methylenedioxymethampetamine 300 150
(MDMA, Ecstasy)
(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. Durin.g 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 sixty (60) minutes. A telephone call will be made to the
Tentative Agreement City 2 Date 11 JjLll.3 Union Date
b\i\--v\13
F.O.P. President advising of said pending test, but in no instance will the sixty (60)
minute waiting rule be waived.
F. Any test showing a "positive" result will be confirmed by the Gas
Chromatography/Mass Spectrometry (G.C.M.S.) method or other industry standard
method before administrative action is commenced, by testing the second portion of
the sample tested.
G. Pursuant to applicable law, a medical review officer (MRO) shall notify the
Bargaining imit 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
emit 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.
Tentative Agreement City )99M Date /1 /12.14 3 Union
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.
Tentative Agreement City /Y))'-'% Date 1(1(2-l13 Union
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.
Tentative Agreement City %rJ '1 Date 1))2.113 Union
2
Date
Article 36
SWORN OFFICERS HILLED IN T H P. 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 givena promotion to the rank of Major. Leave balances will be
paid off at the hourly rate of the newly promoted rank, The beneficiary of the deceased shall
receive a sum of two hundfed thousand dollars ($200,000) from the City of Miami upon said
bargaining unit member's death. Application shall be made to the Department of Human Resources
for payment of such death benefits.
Tentative Agreement City )'y/ M Date it Jl zll3 Union
\ \ 3
Date
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.
Tentative Axreement City)),))/v7Date I //Iz//3 Union
Date
Tentative Agreement City
Article 38
RESERVED
Date 09/43 Union
Article 39
PENSION
39.1 The parties agree that the teiuis of the City of Miami Firefighter's and Police Officers'
Retirement Trust ("FIPO") set forth in Section 40-191 through 40-212, Miami City
Code will remain unchanged as they presently exist, during the term of this
Agreement, except as specifically set forth in the Agreement, or as set forth below.
Employee pension contributions
For all persons fired before October 1, 2012, effective the first full pay period following
October 1, 2012, the employee pension contribution shall be ten percent (10%) of
compensation. For all persons hired before October 1, 2012, effective September. 30,
204-4 2015, the employee contribution will be seven percent (7%) of compensation. For
all persons hired on or after October 1, 2012, the employee pension contribution shall
be three percent (3%) higher than the employee pension contribution for those
employee hired prior to that date.
39.2 In the event the City decides to pursue the issuance of a securitized instrument
as an asset to FIPO, the City and the Union agree to negotiate a sharing arrangement
for a portion of the savings.
39.3 BACKDROP option. A Backdrop benefit option shall be implemented on
January 1, 2013. The Backdrop option shall replace the existing DROP program.
Employees who have not attained normal retirement eligibility as of the effective date
and all employees hired on or after that date, will be eligible for the Backdrop option,
but will not be eligible for the DROP. Anyone eligible for the forward DROP as of
January 1, 2013, remains eligible for the forward DROP it presently exists and
Tentative A °eement City )9/j�`)/j Date 11II2 I)L Union Date \\7\0
anyone eligible for the forward DROP as of January 1, 2013 who chooses not to enter
the forward DROP remains eligible for the Backdrop. Anyone with accrued pension
benefits vested prior to October 1, 2012 will remain eligible to exercise the existing
DROP program option for those accrued benefits.
(a) An eligible employee who elects the Backdrop option shall receive a
monthly Benefit payable on the employee's actual retirement date (date of
retirement and separation from City employment) based on the benefit the
employee would have received if he/she had left City employment and retired
on an earlier date after attaining normal retirement eligibility ( the
"Backdrop date"). In addition, an eligible employee who elects the Backdrop
option will receive a lump sum payment equal to the accumulation of
monthly retirement benefit payments he/she would have received during the
period following the Backdrop date through the actual retirement date
("Backdrop period"), plus interest at the rate of 3% per year, compound
annually. An eligible employee may elect a minimum Backdrop period of 1
year and maximum Backdrop period of up to seven years. An eligible
employee who elects the Backdrop option must select the normal form of
benefit or an optional form of benefit in accordance with section 40-203(m) at
the time of electing the Backdrop option. The employee's monthly benefit as
well as the lump sum payment under the Backdrop option is based on the
form of benefit selected.
(b) Employees are eligible to elect the Backdrop option after completing one
year of' creditable service following the normal retirement date. A Backdrop
Tentative Agreement City 2-litY7 Date (1 (2_113 Union
election must be made within 10 years after becoming eligible for normal
retirement. The maximum Backdrop period is 7 years. Eligible employees
who wish to elect the Backdrop option must provide written notification to
the Department Director and the Department of hHuman Resources at least
8 months prior to the employee's retirement date; provided a lesser notice
period may be approved by the City Manager due to special circumstances.
Employees are not required to elect the Backdrop option.
(c) All or part of the lump sum payment under the Backdrop option may be
rolled over to an eligible retirement plan or IRA in accordance with federal
law.
If the back DROP is ever terminated, for any reason, the rights of all persons then in
the DROP shall not be diminished or impaired. Additionally, if the back DROP is ever
terminated, all persons who are then eligible for a back DROP will still be eligible for a
7 year back DROP. The Board of Trustees of FIPO shall develop operational rules for
the implementation of this provision.
The parties agree to support 'the change of the approved actuarial cost method from
the current aggregate method to the Entry Age Normal actuarial cost method based on
reasonable amortization periods and assumed payroll growth with an expected
reduction in contribution requirements of approximately 2.58 million dollars estimated
using a 25 year amortization period and 3% payroll growth.
Tentative Agreement City )')/J Date <<ii-413 Union
Date \+N YAP
If legally necessary or legally required, the parties agree to jointly petition the Circuit
Court judge in the case of Gates v. City of Miami to alter the judgment accordingly, to
be effective for the plan year beginning October 1, 2012. Upon receipt of approval from
the Court, the City shall implement the change by ordinance.
Tentative Agreement City
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 emit 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 assia-nments will be for a period not to exceed twelve
(12) months.
40.3 Seniority shall only be used in determining shift assignment, area, and in the assignment of
days off upon an opening occurring within a patrol unit. Seniority shallnot 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-swom 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.
Tentative Agreement City )).) kn Date f I ifj2-lj 3 Union
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.
BID PROCESS/SENIORITY FOR DETENTION OFFICERS
40.6 One full year after the commencement of the Detention Officer position, the Chief of
Police shall fill slots to non probationary Detention Officers. The open slots will be filled
throughout the regular bidding process.
40.7 Thereafter, the Chief of Police shall determine what open slots will be staffed and bid.
When one or more vacant slots need to be filled, personnel may be temporarily assigned to cover
staffing needs. Temporary assignments will be for a period not to exceed twelve (12) months.
40.8 Seniority shall onlybe used in determining shift assignment, area, and in the assignment of
days off upon an opening occurring.
40.9 Seniority shall, for the purpose of this Article, be defined as the date on which the
employee obtained permanent status as a detention officer, excluding probationary periods
(promotional and initial) and employment in non -sworn status. Where seniority is the same for two
or more detention officers, then the most recent date of hire shall be utilized. Where seniority by
date of hire is the same, then date and time of the employment application will be utilized. For
purposes of this Article, leaves of absence without pay or suspensions will reduce the Detention
Officer's seniority by the amount of time for such leave of absence or suspension.
40.10 Exceptions to the use of seniority as specified in 40.8 may occur in an emergency or when
special knowledge or skills are needed, as determined by the Chief of Police or the Chief's
designee.
Tentative Agreement City Date 1 I / P-43 Union
Date \\\3
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, with the exception of Detention Officers, 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.
C. Twenty-four (24) hour vehicles will only be used for personal reasons within the
boundaries of the City of Miami, except for use within. Metro -Dade County for the
purpose of attending college classes.
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 meiuber involved in a vehicular accident determined to be
preventable by the Accident Review Board will lose the privilege of a twenty-four
(24) hour vehicle as follows:
Reasonable action
No injuries
Under $1,000 damage
Reasonable action
No injuries
Over $1,000 damage
No Loss
1 Month
Reasonable action 2 Months
Injuries
Unreasonable action
No injuries
Tentative Agreement City ») Date ((/111(. Union
3 Months
Date
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. To
facilitate the dissemination of infou nation to bargaining unit members regarding
changes to Depailiuental policy on the use and operation of twenty-four (24) hour
vehicles, the Department agrees to notify the President of the F.O.P. or designee of
such changes five (5) days prior to the effective date of the change, however, a
failure to notify shall not be grievable or arbitrable.
I. (i) It will be the intent of the City to replace twenty four (24) hour vehicles every
seven (7) years with no mileage requirements. The City will purchase one hundred
and fifty (150) vehicles per year unless the seven (7) year replacement schedule
requires fewer vehicles to be purchased or the vehicle is no longer in a safe operable
condition, except that during the teiul of this Agreement, the City will purchase
vehicles as set forth in (ii) below. Mid -size vehicles may be purchased as
replacement vehicles if the vehicle being replaced is not a pursuit vehicle in patrol.
(ii) For fiscal year beginning October 1, 2012, the City will purchase and allocate
twenty- four (24) hour vehicles. The number of vehicles purchased will be
determined as follows: the City will spend no less than one million eight hundred
forty-two thousand five hundred dollars $1,842,500.00 on vehicles. For fiscal year
beginning October 1, 2013 the n,a „f the met, the City wi 1 pulelplase
Tentative Agreement City Date (! Jf2/ 3 Union Date \ \\\1/\1°
and allocate twenty-four (24) hour vehicles. The number of vehicles purchased will
be determined as follows: the City will spend no less than one million two hundred
ninety thousand dollars $1, 290, 000.00. All twenty-four hour vehicles will be at
least six cylinders. Sixty percent of the vehicles will be marked vehicles and the
remainder unmarked. All insurance monies recovered by the City for police
vehicular accidents which is not used to repair police vehicles will be used to
purchase additional police vehicles in the next fiscal year-2-944 - 2015.
n c)cl.
J. The F.O.P. agrees that bargaining unit members are required to have routine
preventative maintenance perfoinued on their assigned City -owned vehicle. The
officer's responsibility is limited to taking in their assigned vehicle for maintenance
as required in subsections 1) — 4), below. Those maintenance items that bargaining
unit members will be required to have performed on their vehicles, at the City's
expense, 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 RPMEID -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 perforated every four thousand
(4,000) miles and K-9 vehicles every five thousand (5,000) miles) by the City's
Tentative Agreement City 0 1 Date 1(112-113 Union
Date
motor pool and/or an ASE 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:
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.
Tentative Agreement City Date 1(112-I (3 Union
Date'
Article 42
TUITION REIMBURSEMENT
42.1 The tuition reimbursement program is designed to encourage bargaining unit members to
improve their job perforniance 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 Human Resources designee. Course
work taken under provisions of this Article must be directly related to the bargaining unit member's
job duties. Class attendance will be on the bargaining unit member's own time unless otherwise
noted in the course announcement and authorized by the City Manager or the Labor
Relations/D eputy Director D epartment of Human Resources.
42.4 Reimbursement will be limited to actual tuition costs up to a maximum of two thousand
dollars ($2,000) 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 or reimbursement will by asfollows:
Tentative Agreement City Y1�1 Date 1 ill L/f3 Union
Date_ i 5Vit211
A. The bargaining unit member must obtain three (3) copies of the Application for
Tuition Reimbursement forma for each course from the Police Department or the
Human Resources Department.
B. The bargaining unit member must complete the application in triplicate and submit it
to the Chief of Police subsequent to registration and immediately prior to the first
day of class 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 Heiman Resources Department. If the
application is disapproved, it will be returned to the bargaining unit member by the
Chief of Police.
D. The Director of Human Resources or designee also has discretion and authority to
approve or disapprove the application, and applications not approved will be
returned to the Chief of Police with the reason for rejection noted thereon.
42.7 In the event the bargaining unit member resigns or is terminated from the City within one
(1) year following completion of the course(s) for which City funds were expended, the amount of
tuition reimbursement paid to the bargaining unit member will be reimbursed to the City by the
bargaining unit member upon his/her termination from the City through a deduction from his/her
final paycheck.
42.8 Upon completion of the course work, the bargaining unit member must submit his/her
semester grade report together with the tuition fee receipt to the Chief of Police. The Chief of
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
Tentative Agreement City /1')/1 h'i Date 1(1(1(3 Union
advise the Human Resources Department of the bargaining unit member's satisfactory completion
of the course.
Tentative Agreement City% Date Ifj3 Union
nalfiti`n
Article 43
POST EMPLOYMENT HEALTH PLAN
43.1 The parties agree that the F.O.P. will establish the Fraternal Order of Police, Lodge #20,
Post Employment Health Plan ("PEEP"), consistent with current IRS Rules and Regulations.
43.2 Eligibility for membership, taxability, funding and administration of the PEEP, will be as
outlined in the PEEP 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 PEEP will be borne by
the participant and shall not be made up by the City of Miami, the F.O.P. or the PEEP.
Tentative Agreement City
Union
Article 44
VACANCIES -PROMOTIONS
44.1 Promotions will be done if budgetarily and administratively feasible as determined by the
City Manager. When a classified permanent promotional vacancy occurs in any bargaining unit
position, it shall be filled within a reasonable period of time after establishment of the Eligible
Register per the Civil Service Rules. Filling of all sworn classified budgeted vacancies shall be in
accordance with the Civil Service Rules and Regulations, so long as they are not inconsistent with
provisions of this Agreement. All sworn classified budgeted vacancies shall be filled from the
promotional register in effect at the time the budgeted vacancy occurs. If a promotional register is
not in effect, vacancies will be filled from the next promotional register.
Promotions will be made upon the effective date of the budgeted vacancy for the classified
position. For pay and seniority purposes, if the City fails to promote within one hundred and eighty
(180) calendar days from the effective date of the budgeted vacancy, retroactive pay shall be paid
beginning one hundred and eighty one (181) days from the effective date of the budgeted vacancy
to the date of promotion. The date of promotion for seniority purposes wi11 be on the 181st day from
the effective date of the budgeted date of the budgeted vacancy, if the promotion is not made before
180 days. However, the City shall fill all budgeted vacancies for the position of Sergeant,
Lieutenant and Captain prior to the expiration of the register.
44.2 This provision shall not apply when a freeze is declared by the City Manager or the position
is abolished, frozen, or audited from one bargaining unit classification to a different bargaining unit
classification, nor shall it apply when a promotion is delayed due to court order(s), judgment and/or
order from the Department of Justice (DOJ) expressly prohibiting the administration of an
examination/promotion. Once a freeze is lifted, vacancies shall be filled as outlined in 44.1. The
Tentative Agreement City )l Y4 D ate ) 1 11 2-/, 3 Union
City shall not abolish a sworn classified position for the sole purpose of reclassifying to a sworn
unclassified position.
The parties agree that the City shall, upon ratification of this Agreement, audit no less than
four sworn unclassified/senior staff positions within the Police Department to deteimine if
budgetarily and administratively feasible to implement reclassification to the position of Police
Captain.
44.3 The Department of Human Resources will keep the members of the bargaining unit covered
by this Agreement advised as to promotional opportunities within Article 1, Recognition.
44.4 Further, the Department of Human Resources Director via Official Bulletin of the Miami
Police Department and normal notification via the Employment Office will advise eligible
applicants for promotional opportunities of the general area to be reviewed for preparation prior to
the exam..
44.5 All promotional registers for Police Sergeant, Lieutenant, and Captain shall remain in effect
for a period of two (2) years from the date the register becomes effective, unless the register is
exhausted. If there are no vacancies, no exam will be required in the ranks of Police Sergeant,
Lieutenant, and/or Captain, however, the City reserves the right to develop and administer exams in
order to maintain eligible registers in anticipation of staffing requirements.
44.6 Promotional examinations for classified bargaining unit positions shall be given as soon as
possible after the expiration of the previous promotional register from the classified position. The
cutoff date to determine seniority and eligibility for the examination will be the first day the
examination is administered.
44.7 Promotional register for Police Sergeant, Lieutenant, and Captain shall have ties broken
using seniority credit that was previously used in calculating the seniority score for the exam. If a
tie still exists, it shall be broken in favor of the highest ranking Police Officer on the Department
Tentative Agreement City M Date ! (Wf., Union
Date 1d ri
seniority list for the Sergeant's register, or the highest ranking Officer on the appropriate seniority
in grade list for the Lieutenants' or Captains' register%
Tentative Agreement City Date
(zn
Date
Article 45
TERM OF AGREEMENT
45.1 Alter 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, 2012-3, except where otherwise stipulated. The
Agreement shall continue in force and effect until 11:59 p.m., September 30, 2844 2015.
45.2 Unless mutually agreed otherwise, on or before Februaryl, 2-04-4 2015, 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 infoiin the City of the articles which they
desire to negotiate, together with specific language embodying and describing their proposals. The
changes indicated in the proposals shall be designated by article numbers and/or section numbers
with a strike through of deleted language (sample) and new language will be underlined (sample).
45.3 On or before March 1, 2011 February 15, 2015, unless mutually agreed otherwise, 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 March 15 1, 204-4 2015, 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.
Tentative Ageement City )// Date (1 (� /(—� Union
Date 1 \ y f3
Unless anti 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 During fiscal year October 1, 20123 through September 30, 2014 the City shall not reduce
the wages or benefits contained in this contract.
45.7 The parties agree that certain concessions made by the FOP are contained in contract
Articles 22 Unifoinis and 39 Pension (specifically, and solely, the increase from 7% to 10%
employee F,I.P.O. contribution). Those concessions will expire on September 30, 2044 2015 at
11:59 pm and will not be part of the status quo.
45.8
of emplo 1 b
�,.....y,,�.... ,.-C+l,orr, �nzrn �,00-n srrnt1 n+iy-na«nacrlrrrrm±ndnar1 nr nro nFti,arr-rvno r,n+�rn�_rl �ti,nno r,-,n+4o,-n
on<r
GI
ado Tormn nr tN,n n rr,-oo-m o.
CZ 3
The act f
b1t.., ..,�.,, �,.�., ..__...may. ..u....__ �... .. .. _..4...w�_.. .... ,.. .�.._.__ .,_ .«.. ., ....,.... .b..... .,.........egg
arbitral proceeding- cencerni the 201-0 imposition.
The parties recognize the right to continue to pursue pending legal challenges to the declaration of a
financial urgency by the City in 2010 and any resulting changes to the terms and conditions of
employment that resulted. This contract will define the terms and conditions of employment going
forward from its effective date of October 1, 2013.
\\\ Ar)
Tentative Agreement City )rl Date 11J/2/J3 Union Date
Agreed to this day of , 2013 by and between the respective
parties through an authorized representative or representatives of the F.O.P. and by the City
Manager.
ATTEST: FRATERNAL ORDER OF POLICE
WALTER E. HEADLEY, JR.
MIAMI LODGE NO. 20
ATTEST: ON THE PART OF THE CITY OF MIAMI,
MIAMI, FLORIDA
CITY CLERK
Tentative Agreement City k)i)'2 7 Date
Union
Date \i
APPROVED AS TO FORM
AND CORRECTNESS
CITY ATTORNEY
Tentative Agreement City )yJ �%'/% Date II I(z-) Union Date