HomeMy WebLinkAboutExhibitArticle 1
RECOGNITION
1.1 Pursuant to and in accordance with all applicable provisions of the Florida Public Employees
Collective Bargaining Law, Chapter 447, Florida Statutes, management recognizes the F.O.P. as the
exclusive collective bargaining representative for those employees in the defined bargaining unit for
the purpose of collective bargaining with respect to wages, hours, and other terms and conditions of
employment, including Detention Officers 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)") currently (on or after the date of ratification) 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
For the
Date:.._( .(— 3°.-
5005 Officer
5006 Motor Officer
5011 Sergeant
5012 Lieutenant
5013 Captain
5014 Motor Scrgcnt
5080 Detention
For t - Ui ion
• 27S53
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.
445216768 vl (As of 8.31.2021)
4
Article 3
REPRESENTATION- OF THE. F.O.P.
3.1 The F.O.P. shall be represented by the President of the ROY, or by person or persons
d.esignated in writing to the City Manager or designee or the Director of Human Resources by the
President of the F.O.P. The identification. of representatives shall be made melt year by April l',
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 withrespect to registration
of the F.O.P. The President of the RO,P., or person or persons designated by said President, shall
have full authority to conclude an Agreement on behalf of the 13.0,P., subject to ratification by: a
majolity 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. Anynegotiations entered into with persons other than those
defined herein,. regardless of their position or association with the F,O,P., shall be deemed
unauthorized- and shall have no standing or weight of authority -it committing or in any way
obligating the FOP. The _F,O,P, shall notify the City Manager in writing ofany chmiges 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 he perm:Wed to attend the negotiatio
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,
ff46503382 vl (As or 1.31.22)
3.2 The parties agree that time .spent in contract negotiations will be paid at the straight.time
rate..
3.3. Bar amin unit members shall obtain authority from his/her supervisor in:order to meet
with the Union President. or deAgnee during that .members working time.
For the City
Date:
2
g6sons2 yi (Ai, or .31.24
c Union
Article 4
MANAGEMENT RJGFITS
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 terns 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 11. 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
#46662180 v2
force, including the right to permanently or temporarily layoff, furlough or otherwise relieve
bargaining unit members from duties because of lack of work or funds; to determine the location,
methods, means, and personnel by which operations are to be conducted, including the right to
determine whether goods or services are to be made or purchased; to establish, modify, combine
or abolish positions; to change or eliminate existing methods of operation, equipment or
facilities; to establish, implement and ;maintain an effective internal security program, and to
establish rules, regulations and rules of conduct.
4.2 Sworn police will be promoted to civil service ranks based upon the rule of one, except
promotions may be denied or delayed for cause. The following is declared to be cause for
denying or delaying a promotion:
A bargaining unit member who at the time of the promotion is under investigation for
unlawful or unethical acts by any law enforcement agency or the City's Police Internal
Affairs Unit, If a bargaining unit member has a promotion delayed for cause and is
later cleared, he/she shall be promoted retroactive as if the event had not occurred.
4.3 The City has the sole authority to detennine 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.
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. The City !abash, and from time
regulations not in do
Article 5
NO STRIKE
5.1 "Strike" means the concerted failure to report for duty, the concerted absence of bargaining
unit members from their positions, the concerted stoppage of work, the concerted submission of
resignations, the concerted abstinence in whole or in part by any group of employees from the full
and faithful performance of their duties of employment with the City, participation in a deliberate and
concerted course of conduct which adversely affects the services of the City, picketing or
demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a
collective bargaining agreement.
5.2 Neither the F.O.P., nor any of its officers, agents and members, nor any bargaining unit
members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any
strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any
other interruption of the operations of the City.
5.3 Each bargaining unit member who holds a position with the F.O.P. occupies a position of
special trust and responsibility in maintaining and bringing about compliance with this Article and
the strike prohibition in F.S. 447.505 and the Constitution of the State of Florida, Article I, Section 6.
Accordingly, the F.O.P., its officers, stewards and other representatives agree that it is their continuing
obligation and responsibility to maintain compliance with this Article and the law, including their
responsibility to abide by the provisions of this Article and the law by remaining at work during any
interruption which may be initiated by others; and their responsibility, in event of breach of this
Article or the law by other bargaining unit members and upon the request of the City, to encourage
an.d direct bargaining unit members violating this Article or the law to return to work, and to disavow
the strike publicly.
1145216768 vl (As of 8.31.2021)
10
5.4 Any or all bargaining unit members who violate any provisions of the law prohibiting strikes
or of this Article may be dismissed or otherwise disciplined by the City, and any such action by the
City shall not be grievable or arbitrable under the provisions of Article 6 - Grievance procedure.
For the City
Date:
#45216768 vl (As of 8.31.2021)
11
Fo the Union
Article 6
GRIEVANCE PROCEDURE
6.1 In a mutual effort to provide harmonious working relations between the parties of this
Agreement, it is agreed to and understood by both parties that there shall be a procedure for the
resolution of grievances or misunderstandings between the parties arising from the application or
interpretation of this Agreement.
6.2 A grievance is any dispute, controversy or difference between (a) the parties, (b) the
City and a bargaining unit member or bargaining unit members on any issues with respect to, on
account of or concerning the meaning, interpretation or application of this Agreement or any
terms or provisions thereof.
A grievance shall refer to the specific provision or provisions of this Agreement alleged
to have been violated. Any grievance not conforming to the provisions of this paragraph or that
contains non -identification of specific violations of the agreement shall be denied and not
eligible to advance through the steps of the Grievance Procedure including arbitration.
6.3 Nothing in this Article or elsewhere in this Agreement shall be construed to permit the
F.O.P. to process a grievance (a) on behalf of any bargaining unit member without his consent,
or (b) with respect to any rnatter 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 P.O.P.
6.4 It is further agreed by the F.O.P. that bargaining unit members covered by this
Agreement shall make an exclusive Election of Remedy prior to filing a 2"d step grievance or
initiating action for redress in any other forum. Such choice of remedy will be made in writing
on the Election of Remedy form to be available at the Department of human Resources, Division
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of Labor Relations. The Election of Remedy feint will indicate whether the aggrieved party or
parties wish to utilize the Grievance Procedure contained in this Agreement or process the
grievance, appeal or administrative action before a governmental board, agency or court
proceeding. Selection of redress other than through the Grievance Procedure contained herein
shall preclude the aggrieved party or parties from utilizing said Grievance Procedure for
adjustment of said grievance.
6.5 To simplify the Grievance Procedure, the number of "working days" in presenting a
grievance and receiving a reply from the different levels of supervision shall be based upon a
forty (40) hour, five (5) day workweek, Monday through Friday not including citywide holidays.
All grievances must be processed within the time limits herein provided unless extended by
mutual agreement in writing.
Any grievance not processed in accordance with the time limits provided above or not
supplemented by a completed and signed Election of Remedy form shall be considered
conclusively abandoned. Any grievance not answered by management within the time limits
provided will automatically advance to the next higher step of the Grievance Procedure. Where
a grievance is general in nature in that it applies to a number of bargaining unit members having
the same issue to be decided, or if the grievance is directly between the F.O.P. and the City, it
shall be presented directly at Step 3 of the Grievance Procedure, within the time limits provided
for the submission of a grievance in Step 1, and signed by the aggrieved bargaining unit
members or the F.O.P. representative on their behalf. 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
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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.
6.6 Only a bargaining unit member who has permanent Civil Service status as a sworn
Police Officer in the Miami Police Department may appeal a suspension, demotion, or dismissal
through the grievance procedure contained in this Agreement or in accordance with the appeal
procedure of the Civil Service Rules, but not both. Such grievances shall be filed at Step 3
within the time limits set forth for Step 1.
6.7 Disputes involving the granting of workers' compensation shall not be subject to this
grievance procedure, but disputes involving the granting of supplemental disability pay shall be
grievable.
6.8 Grievances shall be processed in accordance with the following procedure:
Step 1.
The aggrieved bargaining unit member shall. discuss the grievance with his immediate
supervisor within ten seven-(710) 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. Such discussion shall be confirmed in
writing.
Step 2,
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If the grievance has not been satisfactorily resolved at Step 1, the bargaining unit
member or the Employee Organization representative shall complete the Election of
Remedy form provided for in Section 6.4 of this Article before initiating the grievance
to the second step of the Grievance Procedure. If the aggrieved party or parties elect
the remedy other than the Grievance Procedure contained herein, the grievance shall
be withdrawn for redress consistent with the Election of Remedy fore..
When the Election of Remedy form indicates the grievance is to be advanced through
the Grievance Procedure, the bargaining unit member or the F.O.P. representative shall
reduce the grievance to writing on the grievance form provided for this purpose and
present such written grievance to the Department Heador 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 ten seven-(#10) working days from receipt of the written grievance.
Step 3.
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 andett the
Labor Relations/Deputy Director; -Department of Human Resources, or their designee,
within ten se(710) working days from the time the response was given at Step 2.
The City Manager and/or the Dena ei-tof-Turman Resources Director, or designee,
shall hold a grievance hearing with the bargaining unit member and/or the F.O.P.
representative. The City Manager and/or the Deptirtrient—of Ftaman Resources
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Step 4.
Director, or designee, shall respond in writing to the bargaining unit member and the
F.O.P. within ten (10) working days from the date of hearing.
I. Jr 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 ten Seri
(710) 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, unless mutually
agreed to by the parties. Subject to the following, the Arbitrator shall have
jurisdiction and authority to decide a grievance as defined in this Agreement. The
Arbitrator shall have no authority to change, amend, add to, subtract from, or
otherwise alter or supplement this Agreement, or any part thereof, or any
amendment hereto, The Arbitrator shall have no authority to consider or nile
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. No Arbitrator shall have
jurisdiction to arbitrate any dispute arising under the terms of any executed
settlement agreement between the City and the Union or between the City and any
bargaining unit rnember(s) entered into after ratification of this Agreement, unless
otherwise mutually agreed to by the Parties. The Parties to this Agreement agree
that the terms of any executed settlement agreement shall control the forum in
which that particular settlement agreement may be enforced.
I46662232r2
3. It is contemplated that the City and the P.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 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.
3 E fee e-upon ratification-of-the-laber--agr-eement-s-the--City-agr-ees-te-p-ay-the rY
to forty thousand della ($40,000)- e i&ca1 year for representatio . r its no mbers in
#46 2232 v2
71. It is
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erstoodv: that this A nstitatea t e' whole
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Article 8
DISCIPLINARY PROCEDURE
8.1 Whenever a bargaining unit member (for purposes of this Article, the tennis "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,
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D. The bargaining unit member under investigation shall be informed 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,
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 formal interrogation of a law enforcement officer, including all recess
periods, must be recorded on audio tape, or otherwise preserved in such a manner
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
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officer no later than 72 hours, excluding holidays and weekends, following said
interrogation.
II. The bargaining unit member shall not be obligated to give a second statement
concerning the same facts elicited in an original interrogation. This will not
preclude an investigator from asking questions at a later time that were not
covered by the first statement, The bargaining unit member's interrogation will
take place after all other witness statements have been taken, unless a situation
occurs such as;
I) 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 talcen, against a bargaining unit member who refuses to
submit to such testing, However, a bargaining unit member may request such a
test.
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her is under is a principal of a: Orlatiia
d is Iike1y to be axrogation, he shall be
or her legal rghtsprn
any interroati:
X At the request, cif the bargaining unit member, - he or she has the night to , be
1 or any tither representative of hisor
at all ding the interrogation whenever
tee tha o cer's continued fitness *'Ian+ enfo
ttornny or baa �=' unit
representation., a ;
he or she nay a
°t bees rights under applicable
A. 4t
onable period of time
L giving a s t as n ess and sa
eipal of that in :a statement
sued and the b • t ewer will be advised he may be a prineip 1 in, s d
The bargain `t will then be gvcn the oppd
t t seek ROY or other le r ets c n.
sInt a1 �' fall _ p •od:of five-(5) y
beyond either the b
directed by
Date:
Article 9
LINE OF DUTYINJURIES
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- thorequired 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 deter how to
provide _modieai treatment and equipment, etc, medically equivalent to thatprescribed, by the inost
efficient and cost effective, means to curtail excessive medical costs for accepted claims in the.
f011owing areas:
Health Club and Country Club memberships.
Capital improvements on the home
Transportation
Medical equipment for home use,
The Police Management Committee shall consist efone member appointed by the FOP
President one member appointed by the Chief of Pollee, and one member selected by these two
indiyiduals, 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 en a case -by -case basis at the sole discretion of the City.
1
#46503450 vl (M of 1.31,22)
The decision to provide additional benefits will be based on:. 1) whether the treatment is deemed
reasonable and medically necessary by a. peer review physician of the City's choosing; 2) whether
there is unrefuted evidence that shows the same or equivalent h•eatment cannot be provided by. a
health care provider at Florida's Medical and Surgical fee schedule within fifty (5.0) miles of the
claimant's i:esidenee,
9.2 Effective as soon as administratively feasible after ratification, ale parties agree the City
will pay the state .m.andated workers" compensation indemnity payments to eligible, bargaining unit
members as a check separate from any other salary to which a bargaining unit member may be
entitled. The bargaining unit member agrees to sign this -workerscompensation checkbook 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 paymcnt'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 hike 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 iI181.11=0, and any other deductions, The parties agree
that this process is intended to provide the bargaining unit member with these paycheek.s without
interruptions
Should the bargaining unit member refuse to return the workers conipensation. 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
completelyresponsible for making those payments on histher own, until the bargaining unit
member - elects to participate in. the paycheck ystet : described above in Section 9.1.
9,3 kilrkers' Compensation indemnity Benefits
2
465834.50 vl (As of 1,31.22)
The City agrees that any bargaining -milt 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
workerscompensation 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
oniployees.
94 Supplemental Salary
The City agrees that any bargaining unit member covered under this contract who is
disabled as a result of an :accident, i ury 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
mernber's regular paycheck, as provided by Resolution No.. 39802. This check will include those
indemnity payments provided for -under Workers' _Compensation Law. It is agreed by the parties
that the combination of supplemental and worker's compensation pay shall not exceed. nor be less
than one hundred percent (100.%) of the bargaining unit member's weekly -net base pay (excluding
overtime and any pay supplements- not included in the bargaining -unit members base 4alary) prior
to the lineof duty injury, accident, or ocoupational disease.
Supplementary salary shall only be granted for a period. of one hundred. and flay (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 oldie City Manager or
his/her designee. The one hundred fifty (150) days begin when the bargaining unit member is
actually placed on '"D". While the bargaining unit member is on "D", such time wi.ii be caletilated
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846505450 vi (Ag of1.31,22)
consecutively hicluding days off. If the -bargaining unit member is .removed ftom. "D", the ncm
"D" time will not apply to the on hundred fifty (:150) day period.
If a bargaining 'unit member remains temporarily disabled beyond the period of time in.
which hc/she is entitled to collect the 100% supplementary pay -benefits, he/she shall be entitled to
supplementary pay equal to the 2/3 "D" payments pursuant to current practice.
9,5 if a bargaining unit member_ hornes Permanently and. Totality Disabi.ed (PTD), as
determinedby 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, hotshe
considered to have reached statutory maximtun 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;
Bc 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 boaring with a final determination. For purposes au& article, in the
event of a mental impairment shall be deemet disabled ifpermanently and totally unable to engage
in any useful and efficient service within the City. Members able to engage in, any useful and.
efficient service within the City will not have .their pay and benefits reduced during such alternate
assignment.
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
4
N6503450 vi (Aiquf 1.31.22)
retirement, the bargaining anit nember will remain on their current status until the retirement
board has finally wanted 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 phys cianthat the member is not
PTD nor full duty with reasonable aeoomniodations, 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
histh.er City approved attendingphysician and available assignments.
The Departnient at its discretion may maintain up to a total of twenty (2.0) temporary non-
binding assignments for the sole purpose of -mitigating an:undue hardship on tbe bargaining unit
.11101111)er. injured in the line of duty. These temporary positions will be filled by • members,
according to SWOITI, classification, on a first -in first -out -basis upon completion of FIPO's Final
Determination Hearing. Once the 20 positio.ns 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 1onge. 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;
6. Resign;
Be dismissed by Departmental action
A granted .Ftv1LA request will postpone any further action for the periodtoken up to its
statutory
5
)M6503450 vl (A8 of 1.31,22)
Any bargaining unit member placed on "Limited Duty" status prior to January I, 2007 and
presently working in, assignment shall be allowed to remain. woricing in a limited duty capacity
until the bargaining unit member's employment trrninatesor the bargaining unit member retires,
However, if at any time the bargaining unit member returns to a disabled status., hehihe 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 statu.s, the 'bargaining unit member may continue receiving
benefits as stated hi the above paragraph until the time limitations and or permitted benefits have
been exhausted. Afterwards, the .member must:
• Request for a ninety (90) day unpaid leave of absence under- the FMLA;
• Apply for another City position;
• Resign;
• Be: dismissed by Departmental action
A granted. EMLA request will postpone any further action for the period taken up to its
statutory limitation.
Bargaining unit members that have been gtandfathered are not considered part of the
twenty (20) temporary positions described above.
9.6 At any time during bisther absence from duty elaiined 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
6
#46503450 vl (A4 of 1,31,22)
fail to submit to the examination at the time specified, all City supplementary salary benefits will
be terminated.
9,7 Deductions on Worker? Cuniiensation. Payments Phis Supplementary Salary
In theevent the line of duty injury entitles the bargaining unit member to a workers'
oonapemsation benefit and a supplementary benefit, the bargaining unit member shall authorize the
City to combine tbe two (2) payments and additionally authorize that the City continue to make
regular payroll deductions as follows:
1. First Level: Federal and State man.dated deductions (for example, .Medicare„
social security, withholding, and child sapport or garnishMents),
2, Second LeVQ.[: Pension contributions (the amount of the pension contribution shall
be based. on eartablc 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
($813.95) (one hundred and seventy seven dollars. and ninety cents ($177,90) biweekly) d d.ucted
from supplementary salary while on workers' compensation. Should the bargaining wilt inenabot
receive supplementary and workers' compensation pay :for less than a week, the eighty eight
d.oiiars and. ninety five cents ($88.95) weekly deduction shall be prorated as appropriate for the
days the bargaining unit member was on workers' eompensa.tion.
4. All others voluntary deductions: The City is not Obligated to .make deductions to pay
for providers or ereditors ifthe workerscompensatio.n benefits phis the supplementary salary does
not cover the amount of the deduetion. Any and all deductions after Level. WI will be made on the
bargaining unit member's behalf to the extent that sufficient fwids are available. Ifthere are not
sufficient funds available, the bargaining unit member will be responsible for making those
7
#46503450 vi (As of 1,31,22)
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
anyregular salary deductions other than. -those mandated by law and the bargaining unit -member
will be responsiblefor 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 litrt one's self or another,
9.8 The parties agree that whore a bargaining unit member resides outside- thejurisdictional
limits of the City of Miami and the said. bargaining unit member is injured going to or coming
from work within a: reasonable period of time from the coin encement or termination of his/her
tour of duty on a reasonably direct route of travel, said. accident my .be considered as occurring iri
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 Statute
entitled "State Unifiin Traffic Control."
For the City
Date:
8
/.46503450 v] (As Of L:11.22)
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 Director of the Department of Human
Resources determines would affect the terms and conditions of employment of the bargaining unit
members of the F.O.P. The F.O.P. President may, within reason, request other materials, which would
affect the terms and conditions of employment of the bargaining unit members of the F.O.P.,
excluding exempt materials under the Public Records Act.
10.2 Such notices and bulletins will be delivered to the F.O.P., or may be picked up at the
Department of Human Resources, Division of Labor Relations during normal working hours.
For the City
Date:
- 9-1 -
#45216768 vl (As 018.31.2021)
32
Article 11
BULLETIN BOARDS
11.1 The City will on the home page of the Miami Police Intranet site place a link to the F.O.P.
Website. The FOP websitc currently is www.fopmiami.com. The Zink will be clearly visible and
easily accessible to all bargaining unit members. Should the website change, the city will make the
change upon notice from the F.O.P. President. provide for the solc use of the I.O.P. bulletin boards
zert isti it„ t .most
.j
for placin
b J
cs fir frnno incements-gliftld i et contain anything
The F.O.P. will also
be permitted to send electronic notices to its members on the City E-Mail system upon approval of
the Chief, whose decision is not subject to the grievance procedure.
Article 12
DEPARTMENT DISCIPLINARY REVIEW BOARD
12.1 It is the purpose of the Departmental Disciplinary Review Board to provide a method of
ascertaining the fairness and consistency of punitive action for infractions of the Departmental
Rules and Regulations, Departmental Orders and other Departmental Directives. A part of this
review process is the Departmental Disciplinary Review Board, which makes advisory
determinations and non -binding recommendations to the Chief of Police on matters of discipline.
Departmental actions against a bargaining unit member arising from a claim of fitness for duty or
workers' compensation shall not be reviewed by the Departmental Disciplinary Review Board or
the Departmental Disciplinary Review Board Chairperson. Any decisions by the Departmental
Disciplinary Review Board or any policies established by the Departmental Disciplinary Review
Board are not arbitrable under this Collective Bargaining Agreement. The Departmental
Disciplinary Review Board does not possess adjudicators or quasi-judicial powers. As such, its
hearings are non -adversary in nature; the bargaining unit member appears before the Board
voluntarily at his/her request, the bargaining unit member shall be entitled to representation by a
bargaining unit member of his/her choice All sworn bargaining unit members, prior to the final
determination of a monetary fine, forfeiture of time and/or suspension in excess of two (2) tours
of duty, demotion or dismissal shall, upon written request of the accused, if submitted within ten
(10) working days, be afforded a review of the recommended action by a board composed of five
(5) members of the Department, two (2) members selected by the Department Head and three (3)
members selected by the bargaining unit member from a standing list.
12.2 Written disciplinary actions that result in loss of time not in excess of two (2) tours of
duty may be reviewed by the Chairperson of the Departmental Disciplinary Review Board if the
disciplined bargaining unit member requests a review within ten (10) working days, excluding
holidays, of the incident that gave rise to the disciplinary action. Upon receipt of the Chairperson's
decision, the disciplined bargaining unit member upon appeal within ten (10) working days,
excluding holidays, shall be afforded a Departmental Disciplinary Review Board Hearing.
If the bargaining unit member is charged with a forfeiture of time such forfeiture shall first be
deducted from Compensatory leave followed by Vacation leave.
Exceptions to the above will be as follows:
a. If a bargaining unit member refuses to undergo controlled substance testing, the member
shall be on no pay status pending termination.
12.3 Since the Departmental Disciplinary Review is at the request of, and for the benefit of,
the bargaining unit member, no paid overtime or compensatory time will be given for attendance
before the Board; however, a change of work hours shall be scheduled, if possible, so that the
bargaining unit member will be working during the hours that the Board is convened.
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 b subject to the review of the Department Discii ar Review Board.
pf
tiy
For the City
Date:
2710
Article 13
RECALL AND COURT TIME
13.1 If a bargaining unit member is recalled to work he/she shall be paid from the time of
notification in accordance with Article 15, Overtime/Compensatory Time.
13.2 If a bargaining unit member is required to attend court or other proceeding arising out of
the course of his/her official duties at a time other than his scheduled work shift, he shall be paid
a minimum of three (3) hours at one and one-half times his/her straight time hourly rate or an
equivalent amount of scheduled compensatory time off
13.3 A bargaining unit member performing work or required to attend court or any other
proceeding arising out of the course of his/her official duties at a time which is continuous with
his scheduled work shift shall be paid. at his/her overtime rate consistent with Article 15,
Overtime/Compensatory Time, and the miniminn 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
wising 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
rnember'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.
#146693029 v1
and less than or equal ` ) hours and one minute after
duty, shall be paid at his overtime rate pursuant to Article 15,
either the three (3) hour minimum or for
biskertou r ofduty to tho`eud of the court
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 inember's physical limitaticms preclude the bargaining mit-member :from being assigned to
his/her previous assignment
14.2 A transfer means a change for more than five (5) consecutive working dap, a
change in hours, or a change in days off. Specifically =bided from the six (6)- day notification
requitement are temporary changes of hours or days off necessitated by special events (except
for the special events of Calle Ocho, Three Kings Parade, Martin Luther King's .Parade or any
draft event held on New Year's Eve, Art Basel), civil disturbances-, acts of God, and other
emergency situations as determined by the Chief of Police, The six (0 daysnotice shall be
waived upon consent of the bargaining unit metriber.
/T
../
For the City
Date
1
It46503.955 vl (As of 131.22)
Article 15
OVERTIME/COMPENSATORY TIME
15.1 For the term of this Agreement bargaining unit members shall be paid one and one:half
(1 /) times their regular rate of' pay .for all work performed in excess of a bargaining unit
member's normal work day or 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 (1M) at their straight time hourly .rate of pay or shall he
given compensatory time at the rate .oftime and..one-half (I 'A) for such work, This overtime rate
shall be all-inclusive and no additional compensation in the form .of additional holiday pay, eto.,
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,
1.5.4 The .maximum accumulation of compensatory time hours is two .hundred. (200), Any.
hours in excess of two hundred (200) will be paid out at cutent hourly rate. Bargaining unit
.metnbers are encouraged to request compensatory leave far .in advance as possible, Request for
compensatory time. must be inad.e 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 whoa minimum staffing cannot be maintained us .determined by the Chief of Police or
1
#4650105i yl (A6 of i.31,22)
designee'. Compensatory timb>all not be utilized in conjunction with -vacation or training when
minimum 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 Tiolidays, 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. Ifa. bargaining unit member leaves the serviceof
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 uurnber of hours taken as emergency leave, before overtime .shall apply,
15.6 The parties agree that overtimehours shall not be used in the coinpuiation of arriving at
average earnings for purposes of establishing pension benefits.
1.5.7 The parties agree that assignments of overtime work shall rest solely with the Chief of
Pohoe.
)M6504051 yl (As of I .31.2,2)
15.8 The parties agree that the assignment of overtime work i on an involuntary basis and
any bargaining unit member refusing assignment of such work is subject to disciplinaly action as
deemed appropriate by th.e (Thief of Police.
For the City
Date:
3
#46504051 vi (As of 1.31,22)
a
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 Detention Officer 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 neces, ry.
For the
Date: ` ( .2
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.
For the City
Date:
#45216768 v 1 (As of 8.31.2021)
43
Article 18
WAGES
18.1 For the duration of the Agreement bargaining unit members not at their maximum step
will be eligible for step increases on their anniversary date. Effective the first full pay period
following_October 1, 204-821, bargaining unit members will receive a three percent (3%) across
the board increase to their base wages. Effective October 1, 204-422, bargaining unit members will
receive a two percent (2%) across the board increase to their base wages, a 4-Oetober 1, 2020;
hang un fnemb r-eent ° else to their base
wages:
18.2 Any bargaining unit member hired on or after the effective date of this agreement, and
any existing bargaining unit member hired prior to the effective date of this agreement who did
not already receive the FDLE certification bonus shall receive a one-time FDLE certification bonus
of one thousand six hundred forty eight dollars ($1,648) upon completion of probation, regardless
when his/her probation is completed. The FDLE certification bonus shall not be included in
pension calculations of average earnings.
18.3 All new hires in the classification of Police Recruit shall be paid five percent (5%) per
month less than Step 1 of the salary range of the classification of Police Officer until the recruit
graduates from the police academy and passes the state certification exam at which time such
bargaining unit member shall be eligible to be paid at Step 1 of the salary range. The period of
probationary service shall not be less than eighteen (18) months nor more than twenty-four (24)
months, unless extended by the department or unless provided otherwise in this article.
Bargaining unit members hired directly as certified Police Officers with prior law
enforcement experience from the City of Miami, not including corrections, who are not required
#46458624 ur (As of2,18,22)
1
to attend the academy, shall be placed at the pay steps in Appendix A commensurate with their
years of prior law enforcement experience at the City not to exceed step 4.
Newly hired bargaining unit members shall complete six (6) months of satisfactory
performance in the Field Training Officer (F.T.O.) program, which includes four (4) months riding
with a field training officer and two (2) months riding solo, and further complete six (6) months in
.full -duty status with satisfactory performance, The period of probationary service shall not be less
than twelve (12) months nor more than eighteen (18) months, unless extended by the department.
18.4 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 Any City of Miami employee, unless a former City of Miami police bargaining unit
member as specified in 18,6, who transfers or is hired as a police officer into the City of Miami
Police Department as a uniformed bargaining unit member shall be placed at a step in accordance
with Appendix A, and serve a probationary period as specified in Section 18.3 above,
18.6 Former police bargaining unit members who left the employment of the City of Miami
Police Depat ment 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,
1,46458624 vl (As of 2.18.22)
2
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.
13. Under conditions set forth above, any former permanent City of Miami police
officer who is reemployed, as a City of Miami police officer will be planed at a step
in accordance with Section 18.3.
C. Complete six (6) months of satisfactory performance in the F.T.O. program, which
includes four (4) months riding with a field training officer and two (2) months
riding solo, and further complete six (6) months in full -duty status with satisfactory
performance. The period of probationary service for such employees shall be
determined by the Chief of Police in his/her sole discretion, but shall not be less
than twelve (12) months nor more than eighteen (18) months, unless extended by
the department.
18.7 Effective the first full pay period following October 1, 2021S, bargaining unit members
currently and actively working (not relieved of duty for any reason) in the while -a below
listed assignments, shall receive a five percent (5%) pay supplement (to be prorated and paid on a
bi-weekly basis) on their base rate of pay. Captains of the below listed assignments are not eligible
for this pay supplement.
A. Neighborhood Resource Officer
13. Mounted UJnit/Motors/K-9
#46458624 vi (As of 2.18.22)
3
Vie.-i-ifiG t
#46458624 vl (As of 2,18,22)
4
GC
41 46
11
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od
44
11
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41 ] 64
1bert e
GG
ss
D. "Police Officers (Investigators) and Sergeants (Investigators) assigned to the Office
of the Chief, Investigations Division, Internal Affairs Division, Recruitment and Selection Unit,
and Traffic Homicide who predominantly perform the duties of investigating cases as determined
#46458624 vl (As of
5
by the Chief of Police will receive the annualized pay supplement. The 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.
Qualifications
(a) Nat less than fifteen (15) consecutive years of service as a sworn police
officer or sergeant in the department.
(b) Ciurently assigned, and no less than previous two (2) consecutive years
assigned as a police officer (investigator) or sergeant (investigator).
(e) No evaluation below satisfactory.
No sustained IA investigations with a reprimand as discipline within the
past two (2) years.
Under the below listed circumstances, bargaining unit members receiving
Police Officer (Investigator) or Sergeant (Investigator) pay shall forfeit such
pay when:
(d) Transferred out of the position of Police Officer (Investigator) or
Sergeant (Investigator),
(e) Promoted,
(1) Relieved of duty or administratively reassigned (temporary loss during
period),
2. 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 redline memorandum submitted through channels to
#46458624 vi (As of2.18,22)
6
the chairperson of the Police Officer (Investigator) and Sergeant
(Investigator) Committee.
3. Police Officer (Investigator) and Sergeant (Investigator) pay committee shall
be comprised of one F.O,P, representative, one Department representative
assigned to the Investigations Division, and one representative chosen by the
first two (2) members. The committee's function will be to review
applications for recommendations of approval or denial to the Chief of Police
for final approval. The committee shall also review appeals and disputes
arising out of the granting or forfeiting Police Officer (Investigator) and
Sergeant (Investigator) pays. The committee shall establish its own rules and
procedures.
E. Certified Underwater Recovery Specialist Diver Assigned to the Marine Patrol Unit,
F. Effective the first full pay period following October 1, 20218, bargaining unit members
and supervisors active or managing the Bomb Squad will receive a ten percent (10%) pay
supplement (to be prorated and paid on a bi-weekly basis) on their base rate of pay.
F. Effective the first full pay period following October 1, 204-821, bargaining unit members
and supervisors active or managing the S.W.A.T. will receive a five percent (5%) pay supplement
(to be prorated and paid on a biweekly basis) on their base rate of pay,
18.8 Bargaining unit members active in the below listed assignments shall receive a pay
supplement as indicated:
A. Certified Instructors (CJIS) assigned to MPD Training Unit-, two percent (2%).
B. Crisis Intervention Teams - two and one half percent (2.5%)_
#46458624 vi (As of2,18.22)
7
C. Bargaining unit members active in the assignment of Field Training Officer will
receive a five percent (5%) pay supplement (to be prorated and paid on a bi-weekly
basis) on their base rate of pay.
D. —The-two bargaining unit members active in the as-i'g me t ofz ito ri, ve—a
twenty percent° ul "r'wsu" ple ent ``" b" pr -a-bi wooldy basis)
pay. Bargaining unit members active in the assignment of
Bic cle Res onse Team will receive a five ercent 5% a su lement (to be
prorated and paid on a bi-weekly basis) on their base rate of pay,
E. Bargaining unit members active in the assignment of Drag Recognition Expert
(DRE) will receive a five percent (5%) pay supplement on their base rate of pay.
DRE assignments shall be limited to no more than fifteen (15) officers.
F. Senior Uniform Patrol Officers" and "Senior Uniform Patrol S rgeants" will
receive a three (3%) pay supplement on their base rate of pay. The annualized pay
t2,pleme t_wili only be naid to bargaining- unit members assigned to non-
administr tiye positions e ciudin fr n des fficer
T. Qualifications
a) Senior Uniform Patrol Officer
(a) Not less than fifteen (15) consecutive years of service as a
Sworn police officer in the department.
(b) Currently assigned, and no less than previous two (2)
consecutive years assigned to di Field Operations Division.
No evalzati_gas below satisfactory
#46458624 vi (.As of 2.18.22) 8
d) No sustained IA investigations withwa reprimand as discipline
in the ast two (2) wars,
b) Senior Uniform Patrol Sergeant
fa) Not less than fifteen (15) consecutive years of service in the
Curd ently at rank o,f Sergeant and no less Phan Ewa (2) vrevous
years as a Sergeant.
c entl ssi ess.._.than previous two (2A
eQ,n ' e e _assi t ed t, ,,.��niform NET as a Sergeairi.
,(d) o eva atio elo jai isfactory
e No s ata r�eci�> L inyesti ations 'tl� a reprimand as discipline
with] he 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:
Transferred out of uniform NET.
b) Promoted.
Relieved _of duty orzninis ati y resi ed tem Azar loss
during period).
3. Application for "Senior Uniform Patrol Officer" or "Senior Uniform Patrol
Sergeant" nav shall be the restgonsibilj y of the bar aig ning unit member and
,shall be made via red linejn.emoraandum submitted through channels to the
chairperson of the "Senior Uniform Patrol Officer" committee
#46458624 vi (As of 2,18,22)
9
4. "Senior Uniform Patrol Officer" and "Senior Uniform Patrol Sergeant" pay
coznrnittee.
The "Senior_ Uniform Patrol Officer" and "Senior Uniform. Patrol
Sergeant" pay committee shall be comprised of one F.O.P.
representative one.Depart m t representative, and one representative
chosen the t two etnbex e a itte 's coon
be t re ie licat'o for rec endat' s of a1 or ial
to the Chief of Police,, fir final approval. The committees all also
re ie a d to ari ' ou the rantiin or itin
" for Patrol Of " or " U i Patrol Sergeant"
s. T e shall and ure
G. Bargaining unit members active.. in the assignment of Trainer in the following units: I(-9,
SWAT, Bicycle Response Team, Motors and Field Force, will receive a two and a half percent
(2, 5%) pay supplement (to be prorated and paid on a bi-weekly basis) on their base rate of pay.
18.9 Under no circumstances may a bargaining unit member's combined total pay
supplements under this Article exceed twelve and a half percent (1.2,5%) of their base rate of pay.
18.10 All active sworn bargaining unit members shall receive Cringe Prevention pay in the form
of an annualized $2,700 pay supplement (to be prorated and paid on a bi-weely basis). Crime
Prevention pay shall be subject to pension deductions and applicable federal taxes and shall be
included in calculating a bargaining unit m.ember's average earnings for pension purposes.
All hours of leave of absence without pay shall be deducted from the Cringe Prevention
payment on the basis of one hour deduction for each hour of leave of absence.
#46458624 vl (As of2.18.22)
10
18.101 Any bargaining unit member, upon noiival retirement from City service, or separating
under honorable conditions, as determined by the Chief of Police in his/her sole discretion, who
has served for a period of twenty-five (25) years or more, shall be granted, at the time of his/her
normal retirement or honorable separation one hundred seventy-three and three tenths (173,3)
hours of pay, provided such pay shall not be included in calculating a bargaining unit member's
average earnings for pension purposes.
18.142 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 anemployee 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.
18.123 Effective the first full pay period following October 1, 204-g21, shift differential
supplemental pay shall be paid at a rate of 2,5% (to be prorated based upon hours worked between
the hours of 6:00 p.m. and 7:00 a.m. and paid on a biweekly basis) on the bargaining unit
members' base rate of pay.
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.rn.) will not be entitled to shift differential pay.
N46458624 vl (As ❑f2,18.22)
11
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.
1&.134 All changes in salary because of promotion, demotion, merit step 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,
18.154- 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.
18.165 Bargaining 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 biweekly basis)
upon successful completion of probation, regardless when his/her probation is completed:
a, Associate in Arts Degree- $472001 800
b. Bachelor's Degree $234003,600
c. Master's Degree- $6OO5,400
d. Juris Doctor, Ph.D., or Ed.D.- $4 007,200
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 Human Resources, through channels, accompanied by
a certified true original of the college or university transcripts. The degree bonus shall not be
included in pension calculations of earnings.
18.176 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
#4058624 vT (Ae of2.18.22)
12
Upon
the promoted bargaining
Ctty's pay structure.
M1,9 All bargap ing unit rnernbeg in
the t t ration, appointmen
the pixarnotional probationary p
(not relieved of
tr.,ceiveigp evity pay oftw9 percent 'ti on the mber's
si�ber sstwe y,(20f year annlvOroaxY,
of
classification,
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.
445216768 vl (As of 8.31.2021)
54
Article 20
HOLIDAYS
20,1 The following days shallbe considered holidays;
Nev. Year's Day Columbus Day
Presidents' Birthday 'VeteransDay
Memorial Day Thanksgiving Day
Independence Day Day after Thanksgiving
Labor Day Christmas Day
Martin Luther King Day_ Juneteenth
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
eight (8) hours or ten (10) hours holiday pay (or the number of 13,01M equal to the bargaining unit
member's r ularl - scheduled daily- york shift, whichever is greater), 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 (11/2) but such pay for a holiday worked shall not be paid in addition to overtimepay.
204 All conditions and qualifications outlined in Article 15, titled. "Overtin ./Compensatory
Mile," 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
#0504091 vl (Ae of 1,31,22)
Article 21
Blank page (Reserved)
Article 22
UNIFORM/CLOTHLNG ALLOWANCE/CELLULAR PHONE ALLOWANCE
22,1 Upon ratification of the labor agreement by both parties commencing the first year of
Smice, bargaining unit 'Timbers shall receive a uniform allotment of four (4) uniform
trousers/41*W, six (6) uniform shirts, and one (1) uniform hat for their first two ,three-(32) years,
and one allotment of shoes, leather, and web gear for the first year. Thereafter, evety Other year,
they .shall receive an allotment of $500,00 for needed -uniform- items purchased from the City's
authorized dealer. it-cheleo of fel
unifeffn-tiat-r-er-two--(2) unifonn4Fonser-s/sliM
-eusersitaki+tarei-yri
, rid -one -flundred-ancl
fft-eon-dollars -and-ite-eesseries,in the selection of leather accessories and/or
uniforms, the b&gaining .unit member will not be entitled to a credit or refund should .such
selection not equal the dollar aruorint specified above.
22.2 All sworn bargaining unit members, depending on assignment or exhibited need as
deterniined 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 (I) bulletproof vest shall be initially
provided. A .replacemont '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 vet no longer safe fir use as determined by the Chief of Police or designee. The
bargaining unit member .is responsible for requesting the initial issuanece-and any replacement.
22.3 On a year when a bargaining unit member is not entitled to any uniform allotment,
he/she may request upto four (4) unifom trousers/4*w, six (6) uniform Shirts, and. one (.1)
uniform hat for replacement of damaged. uniform as deterrain.ed by the Chief of Police or
01650412.1 yl (Al a 1.31,22)
designee, however, such replacement shall require the requesting party to turn in the uniform,
he/she is requesting to be replaced.
22,4 All bargaining unit members shall receive reimbursement of up to ,$800,00 for the
urcliase of an a laroved bulletproof vest. r a in w, bevs--wl
ammaved-b li eef- st pi4e
fit- weee
ulletpr
�0-)--fer--male -effieer -or fives- cincfred fifty ($-550) far -female officers, shalt-he-entitie4-te
receive such -re;
laullstpr�f-vc
Such purchased vest shall follow the Department's guideli,ne'r,
it--r�el�la
is ived-eite tt for than
et-reeeivetti-btaletpFeof vest issue, The Chief of :Paiiae-shr l-i
am -ye- t-M er it-t-itaspeet- d ppfeve-tan' , eet--all--p al sad4tullcat;are
membe vitlx-tensthaeAi=ve-(a -o service at-the4
a-geney rat i xed to-
then
fi4yp
entpter the -city -tinder h oral le-eendi ns,. a l)ar= ;ahxi ig
areer---witnether
ith--five-(3-}
................
......._ ._ ................
. s Bargaining unit members who separate from etnployrrac.nt under honorable
conditions with ten (10) years of
=rvice shall be awarded his/her vest upon request.
215 As determined by the Chief of Police or designee, bargaining wiit members shall
reimburse the City for the repair or current replacement cost of lost, stolen, or damaged City
equipment when the bargaining utJit inember'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
W46504121 yr (As a l .31.7,?.)
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 reproof.
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 iri which the department
provides uniform or alternative clothing shall not be entitled to a clothing allowance, All
uniformed and non.-urtiformed assignments will be determined solely by the Chief of Police..
Authorized non -uniformed bargaining unit members shall receive a clothing .allowance of
seventy-five fifty -dollars ($5075) per pay period, Authorized .norKiniformed bargaining unit
members who aro absent without pay, on military leave, and/dr on. disability lea-ve, shall receive
no clothing allowance payments during the periods of absence,.
22.7 Authorized non -uniformed bargaining unit members not receiving a clothing allowance
for any of the foregoing reasons shall begin to receive the allowance on the date of their return to
regular duty as full-time sworn police officers, Bargaining unit members temporarily transferred
to a position that normally would entitle a bargaining unit member to receive a clothing
allowance shall not receive the allowance unless his/her transfers, exceeds thirty (30) consecutive
working days. .13argaining unit members authorized :to receive a clothing allowance as specified
in this section may select, after their third (PI) allotment of clothing as provided iri Section 22.1
and thereafter, one (1) shirt and one, (1) trouser/skii.4 or a combination of uniforms and leather
accessories a list provided by the department, not to exceed sixty five dollars ($65). Sixh
selection siiall be in lien of the normal uniform allotment the bargaining unit member would
3
#465414121 vl (A.1,3F1:3122)
22..8 is. in. effeef until the. department issues cell phones.
./ N
For the Ci.ty
Date:
4
#46504121. vt (As of i."3 L22)
otherwise receive as provided in Secticyn 22.2. following bis/her third year of employment.
Replacement of these uniform articles. shall occur as specified in Section 22.3,
22.8 Bargaining unit members who were not provided a City cellular phone and/or required
to use cellular phones during employment, as determined by the Chief of Police or designee,.
shall receive a cellular phone allowance of seventy five dollars ($75) per month. Each
bargaining unit member receiving a cellular phone allowance is required to purchase a cellular
phone at. their own expense. Bargaining unit members required to use cellular phones during the
course of and as part of their employment .must be accessible at. 01 times by such phones -and
such phones must include voicemall, Upon request of the Chief of Police or designee,.
employees will be required to provide proof of payment: of their cellular phone s. Section
./ /
'47(2)
231 All job
authorized by tbe
in effect at the time of the execution o
aiiager or benefits provided fig by ordinance of tb City c+ n ssion,
but specifically provided for or abridged by this Agreement, shall remain an full force nud effect
for the duration of this
yr. federal .laws, ord pane
2 The City ad the
eh
provided however no chat
egotiated in accordance Sri
t est either partyo enias
f$b and benefits not specifically covered by this Agreem
shall be made arxccpt where a waiver exists or Where e c
Chapter 447, Florida Statutes.
y
it
Article 24
GROUP INSURANCE
24J The City agues to pay six dollars and ninety-two cents ($6:92) per pay period toward
the cost of life insurance. and accidental death and dismembement 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 the total plan
cost, Total plan costs _shall be determined on an annual basis by sound accounting practices and.
projections from a firm engaged by the P.O.P, Trust. Th.e City reserves the right to conduct its
own. ..Actuarial and, plan review to evaluate plan management and to verify the projections
submitted by the P,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 projectionsof the Trust's Actuary which
cannot be resolved„ a mutually agreeable. third party Aetuary shall review the findings from both
parties and reader 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 (FA.A.A). The cost of the third party will be
shown as a cost to the F,O,P. Health. Trust and. the City will pay sixty five percent (65%) as part
of the total plan costs and the P.O.P. Health Trust shall pay 35%, To the extent there is an
1
#46504.190 vl. (As of 1.31.22)
impact on the Trust clue to the "Government Accounting Standards Board ("GAO") 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. FOP. 'Health. Trust fund drop
bolow -three -million dollars ($3,000,000) at any time during the plan year in determining
ccmtribution adjustments< Platt adjustments will he made no morethan once a year and
implemented. at the beginning of cach calendar year.
Based on the agreed projected total plan costs, the City shall contrihute 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 pion years, and legal discussions
pertaining to the P.O.P. Health Trust that do not involve the City of Miaini, The appointed.
representative will sign a co.n.fidentiality agreement and follow the plans rules and guidelines,
HIPAA certification is .required by. the City's designees to attend these meetings, therefore, the
F.O.P. agrees .to provide such certification training,
24.3 If the total Health Trust fund drops below three million ($3,000„000.00) over the
combined. twelve (1.2) 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 ECU, 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
thi6504190 Y1 (/ of I31,22)
of the specified Fiscal Year -based on the , financial statement and cOnfirmcd 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 eharged. as a debit to bring the total of the fund below the three iaiilion ($3,000,000,00)
level, Delays in submitting claims caused by the review process and the ordinary coarse of.
processing claims shall not be subject to the three and onehalf (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,Q,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.:ghat maintain its own group health, life, and accidental death and
dismemberment insurance plan, All current,. future, and retired sworn. police bargaining unit
members shall be eligible to participate in the .P.O.P.'s plan, bat shall forfeit the right to
participate in the City's plan.
24.5 Upon request, the ROT, mid its insurance plan administrator shall permit the- City to
review any records related to the F.OJ , 's health insurance plan.
24.6 The 17.0.13, shall indenmify, and hold the City harmless, against any claim, demand,
suit,. or liability and for ail legal costs arising in relation to the implementation or administration
of the F,O,P.'s health insurance plan..
24.7 The ROT_ agrees to enroll sworn management personnel in its Plan if those individuals
elect such coverage.
1/46OEO90 vl (As of 1.31.22)
24,8 if there 18 a .dissolution of the F.O.P. Health Trust, ail plan participants under the
F,O,P. Health. Trust will maintain the right to elect coverage under the City's current H:ealth
:Benefit Plan. Additionally, the final dissolution of the F.O.P. Health Tiust and distribution of
any assets existing after all eligible claims are, paid will:be made jointly andagreed to by the City
. of Miami and' e F.O.P. :Health Trust Administration.
Z.)
For the City'
Date:
4
R45504190 v1 (As of 1,31,22)
Article 25
DUES CHECK OFF
25.1 The City agrees to deduct F.O.P. membership dues in an amount established by the F.O.P.
and certified in writing by an accredited F.O.P. Officer to the City from the pay of those bargaining
unit members in the bargaining unit who individually make such request on a written check off
authorization form provided by the City. Such deduction will be made by the City when other payroll
deductions are made and will begin with the pay for the first full pay period following receipt of the
authorization by the City.
25.2 The City shall remit deductions of dues during the week following each biweekly pay period
to a duly authorized representative as designated in writing by the Union. The F.O.P. shall remit to
the City the amount of five hundred dollars ($500.00) per payroll year for administrative cost. This
amount shall be payable in full at the beginning of each payroll year.
25.3 In the event a bargaining unit member's salary earnings within any pay period, after
deductions for withholding, Social Security, retirement, group health insurance, and other priority
deductions, are not sufficient to cover dues it will be the responsibility of the F.O.P. to collect its dues
for that pay period directly from the bargaining unit member.
25.4 Deductions for the Union dues shall continue until either:
A. Revoked by the bargaining unit member by providing the City with thirty (30) days'
written notice that he is terminating the prior check off authorization,
B. The separation of employment of the authorizing bargaining unit member,
C. The transfer, promotion, demotion of the authorizing bargaining unit member out of
this bargaining unit,
D. The revocation or suspension of dues deduction as certified by the duly authorized
Union representative or,
E. The decertification of the F.O.P. as the bargaining unit.
445216768 vl (As of 8.31.2021)
65
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.Q.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.
For the City'
Date:
W45216768 vl (As of 8.31.2021)
66
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 only for Union time spent directly representing employees in the
bargaining unit; including, but not limited to collective bargaining, attendance at F.O.P,
conferences and grievance and discipline activities. 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 by the
President to use time from the time pool, the President shall fill out the appropriate form as
provided by the City. This form shall be processed through channels of the bargaining unit
member who is to use the pool time. The form must be processed so that a copy shall be in the
Office of the Chief of Police a minimum of seven (7) calendar days prior to the time the
bargaining unit rnernber 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. It is incumbent
upon the employee to submit the appropriate forms. Failure to submit the appropriate forms may
result in. denial of the Union pool time, as well as a delay in payment to the employee for the
Union pool time.
446662609 v2
26.3 To qualify for Union pool time, bargaining unit members must be active and current
employees (not relieved of duty for any reason) in good standing with the City. Bargaining unit
members shall -maybe released from duty on pool time only if the needs of the service permit, gs
determined by the Chief of Police, or designee 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 hour will be used on an hour for hour basis, regardless of the hourly
rate of the bargaining snit member using Time Pool hours. In reporting a bargaining unit
member's absence as a result of utilizing the Organization Time Pool, the daily attendance record
shall reflect:
"Officer Doe on FOP" (F.O.P. Time Pool)
26.5 Any injury received or any accident incurred by a bargaining unit member whose time
is being paid for by the F.O.P. Time Pool, or while engaged in activities paid for by the F.O.P.
Time Pool, except the F.O.P. President and two designees when on full-time release shall not be
considered a line -of -duty injury, nor shall such injury or accident be considered to have been
incurred in the course and scope of his/her employment by the City within the meaning of
Chapter 440, Florida Statutes as amended, except for injuries sustained in Miami -Dade, Broward
or Monroe Counties while in the course of attempting to halt a felony in progress or
apprehending a fleeing felon.
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
#46662609 v2
City of Miami Police Department. The terms of this Agreement for such release are only to be
implemented if the following qualifications are met by the F.O.P,:
A. The F.O.P. President and the two (2) designees will reasonably be available at
the F.O.P. office currently located at 710 SW 12th Avenue, Miami, Florida,
33135, for consultation with the Management of the City.
B. The F,O.P. President and the two (2) designees shall be the only Bargaining
Unit representatives released to appear before City Boards or Commission.
Release for appearances before City Boards shall be on "F.O.P." time pool and
release for appearances before the City Commission shall be designated as
Administrative Leave (AL). In the absence of the President, the President's two
(2) designees may represent the F.O.P.; however, the designee must comply
with Section 26,2 of this Article.
C. The Time Pool will be charged for all hours during which th.e F.O.P. President
and the two (2) designees are on off -duty release except that absence due to use
of vacation. leave, sick leave, holidays, or compensatory leave will be charged to
the President and designee's leave accounts.
26.7 All applicable rules, regulations and orders shall apply to any bargaining unit member
on time pool release. Violations of the above mentioned rules, regulations and orders shall
subject the bargaining unit member on pool time to the regular disciplinary processes currently
provided for in the Miami Police Department.
26.8 The City reserves the right to rescind the provisions of this Article in the event any
portion of the Article is found to be illegal, but shall not preclude further negotiations of future
bargaining unit rnernber pool time.
#46662609 v2
26i' " Memo the bargaining unit who are elected Olteettillet pf ` the Prates
Order of police: sal be °permitted to attend 011e tilOetill 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 Wbf3 are on duty shall be eh ► a
outhly meetings "shall be litiited to two (2) hears: and shall
tine officials
C Time Pool. The
Article 27
DISCRIMINATION
27.1 NeThe City will comply with all local, state and federal laws with regard to discrimination
bargaining unit mernbcr covered by this Agreement will be subjected to discrimination with regard
to any job benefits or other conditions of employment -because based upon of age, race, religion,
national origin, sex, union affiliation, disability or sexual orientation. The filing of a charge of
discrimination with any local, state or federal agency by any bargaining unit member shall be seen as
an election of remedy, and thus the underlying basis for the charge of discrimination shall not be
subject to the grievance process.
27.2
sue based upon a similar claim.
For the C ty
Date: /1 f — v 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 unit
member found to have falsified his application for a "K" day will be disciplined up to and including
dismissal.
28.2 It is understood that under certain circumstances the bargaining unit member will be
unable to obtain a death certificate. In this event, in lieu of a death certificate, the bargaining unit
member shall submit a notarized statement and/or a newspaper account showing the death and the
relationship of the deceased to the bargaining unit member and/or other appropriate criteria as
deemed appr riate by the Department of Human Resources, G on of Labor Relations
For the City'
Date: 17 (
Union
Article 29
COMMENDATION PAID LEAVE
29.1 The Chief of Police, upon approval of the City Manager or his designee, may grant up to
forty (40) hours of paid leave to any bargaining unit member whose job performance is of such an
exemplary or heroic nature as to warrant this special consideration. This Article shall not be subject
to the Grievance Procedure or arbitration.
For the City
Date:
445216768 v1 (As of 8.31 2021)
72
Article 30
FAMILY MEDICAL LEAVE AND LEAVE WIT11011T. PAY
30.1. Bargaining unit menibers may request a leave of absence without pay in accordance
with the Family and Medical Leave Act of 1993 (FNMA), or the Miami -Dade County Family
Leave Ordinance.
30.2 Bargaining unit members may -take FMLA leave of absence without pay not toexceed
ninety (90) days in a twelve (12)month rolling period for the birth or adoption of a child, to care
for an immediate family member with a serious health condition, or the bargaining unit
mcniber's own serious health condition, eligible deploymentheturn froin 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 -Link- member entering -upon a course of training ex 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 1.5pon. approval of the Chief of Police, and the City Manager or his/her designee, -a leave
of absence without pay may be granted for a period. not to exceed ninety (90) days. Approval or
denial of said leave of absence without pay is at the sole discretion of the City Manager or
it46504247 vi (M of 1.31.22)
his/her designee and shall not be reviewable through the Grievance Procedure, including
arbitration, or appealable to Civil. Service Board.
30.5 Bargaining 'unit members who desire to take a leave of absence without pay for any
reason specified in this Axtiele, excluding serious health condition, must first USC 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
Le.ave 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 • nether 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 d.esignee 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
2
#46504247 vi (M of I,31,22.)
the date. the employee accepted: atictherposition or engaged in other. eiriplo, :pent as described.
herein.
For the City
Date:
#46504247 vl (As 1)(1,31.22)
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.
31.2 Earned personal leave shall no longer be credited to bargaining i nit members and shall
cease as available tirne. (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 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 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
177 349 Hours
350 - 522 Hours
523 695 Hours
696 868 Hours
869 1041 Hours
1042 1214 Hours
1215 - 1387 Hours
1388 - 1560 Hours
1561 - 1733 Hours
1734 1906 Hours
1907 2080 Hours
1 month annual vacation accrual
2 months annual vacation accrual.
3 months annual vacation accrual
4 months annual vacation accrual
5 mon.ths annual vacation accrual
6 months annual vacation accrual
7 months annual vacation accrual
8 months annual vacation accrual
9 months annual vacation accrual
10 months annual vacation accrual
11 months annual vacation accrual
12 months annual vacation accrual
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 acre t. i'g
unit me mber'8 duly ra
31.7 Request for vacation pay at :beau}milted to the Department of
Division of: labor. Relations for approval. Approval may be granted for.
extra
for pay°
decision is
Resources are not appealable in any cram
31..$ aeon leave cannot b
Agreement.;
3L9 13argain.irag'tuu
discretion, make an." ` '
Article 32
BLOOD DONORS
32.1 Bargaining unit members covered by this Agreement who volunteer as blood donors to
contribute to City approved Blood Donor Organizations will be authorized the absence necessary to
accomplish this purpose. The Blood Donor Organization's personnel will determine what amount of
time the donor will need from the point of donation till they are released to go back to work.
#45216768 vl (As of 8.31.2021)
78
Article 3•3
SICK LEAVE
33,1 The parties agree that care and discretion shW. be exercised by Management and the
F.O.P, in order to prevent: the abuse of sick leave privileges. Absences for trivial reasons must
be discouraged, To determine the extent or reasons for a bargaining unit membor'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 Pennanerit 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 hi not lesS than one (1) hour increments.
33.3 Bargainbag unit members in probationary status will .accrue sick. leave in accordance
with Section 33.2., however, nosick leave with pay wiii be granted during the employee's first
ninety (90) days of employment,
33.4 To receive sick leavo with :pay, a bargaining wait member must notify his/her
immediate supervisor or designated. Police Department personnel of illness at least fifieen (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 rnember dbsent 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.
1.
g46504286 vl (As of 1,31,22)
33.6 Other banked leave time may be substituted for sick leave only When a bargaining unit
member has depleted all of his/her sick leave bank,
When a bargaining unit member has depleted all. ofhis/her leave time balances and has
not been approved for Family Medical, leave as outlined in Article 28 of this Agreement, be/she
will be as follows:
illness without Pay
33,7 All bargaining unit members covered by this Agreement may be allowed to useup 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 morriber'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 wt
been on disability or in a leave without :pay status for the full payroll calendar year shall receive
eight (8) hoursof commendation:paid leave.
33.9 Bargaining unit members covered by this Agreement who ex.ercise 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 tan (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.
#46504286 7i (Al of 1.3 1..2,2)
33.11 Bargaining -unit members with. fifteen (15) or rnore years of service who terminate
employment with the City under honorable conditions shall receive a cash payment equal to ono -
half (1/2) of their unused accumulated sick leave,
33.12 Bargaining unit members who are terminated from employment, forfeit al.t sin."( leave
payout,
33.13 Payoff for accumulated sick leave shall not be used to calculateaverage earnings for
pension purposes.
33.14 When a bargaining unit member is unable -to work due to an extended, non -work related
illness and the bargaining unit member's sick leave,earned time, and vacation time are fully
depleted, employees may donate credited vacation and/or earned time to the affected bargaining
unit moniber in increments of four (4) hours or more. Such time may only be donated by
employees whose hourly rate of pay is oqual to or greater than that of the donee. Such. dol. 'dans
of the shall be submitted for approval to the Director of Human Resources or designee an a
form, to be provided by the City. Except as provided above, donations of leave time. shall not be
authorized. Should there be extraordinary circumstances beyond what is contained in this
Aiticle, 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 far retireinent may, at their sole discretion,
make an irrevocable election in the calendar year prior to the .calco.dar 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 dine at the time of severance of service. The conversion of
sick time to vacation time Shall be at the rate ofone hundred percent (100%) of accumulated sick
3
W16504286 vl (As of 1.3J .22)
leave up to one thousand (1,000) hours and fifty percent (50%) of accumulated sick leave above
one thousand (1,000) hours.
33.16 EfTecti-ve upon implementation of the Post Emplo-yment Health Plan, bargaining unit
members covered by this Agreement shall have credited to .their Post Employment Health Plan
account one hundred pereent (100%) of accumulated: sick leave up to one thousand. (1,000)
hours* and fifty percent (50%) of accumulated sick leave above one thousand (1,000) hours at
time of severance of service with the Department, including any vacation converted .under
Article 31, Section 31,9,*
*NOTE; Any vacation leave time balances that ate converted to sick leave under Article 31-
Vacation, Section 31.» shall be added over and above the 1,000 hour limitations set forth in
Section 33.1,5,
For the Citir'
Date: (-(,,
4
#46504286 yl (As of 131,22)
Article 34
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
34.1 In an effort to identify and eliminate on or off duty controlled substance abuse and on
duty alcohol abuse, a bargaining unit member will be ordered to undergo a urinalysis/blood test
immediately upon notification as provided herein:
A. Following any vehicular accident occurring on -duty, on an off -duty detail, or
traveling to or from same, and/or involving bargaining unit member(s) while
driving a City vehicle or rented vehicle, where a staff level officer has reasonable
belief based upon objective factors that the involved bargaining unit member(s)
may be under the influence of alcohol or any controlled substance, unlawful, mind -
altering, or non -physician prescribed drugs.
B. Where a staff level officer has a reasonable belief, based upon objective factors
that a bargaining unit member is under the influence of any illegal drug or
controlled substance not prescribed for him/her by a licensed physician.
1) If the reasonable belief giving rise to the testing order arises while the
bargaining unit member is on duty, a reasonable effort shall be made to have
the test performed while he/she is still on duty or as soon thereafter as is
practical,
2) In the event that the reasonable belief arises while the bargaining unit member
is off duty and the bargaining unit member is not at the scene of an accident,
arrest, or other event he/she shall be directed to undergo a urinalysis/blood
test immediately unless there are compelling reasons to wait until the next
tour of duty or the next morning, whichever occurs first.
C. Where a staff level officer has a reasonable belief that a bargaining unit member is
under the influence of alcohol on duty, or off -duty, while driving a City vehicle or
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 hospita1T or accredited testing laboratory or any other accredited and/or
certified location ("Approved Testing Location"), as chosen by the City. The
Approved Testing Location hospital or accredited testing laboratory shall include
sufficient safeguards to ensure that proper chain of custody procedures is enforced.
C. The following drugs or classes of drugs and cut off concentration levels shall be
applicable for determining whether specimens are negative or positive for the initial
or confirmation test. A positive result shall be a concentration in excess of the
following:
Initial Test Level (ng/ml) GC/MS Level (ng/ml)
Anabolic Steroids In accordance with industry
standards
Cannabis (Marijuana) Metabolites 50 15
Cocaine Metabolites 300 150
Opiate Metabolites 2000 In accordance with levels
specified by Department of
Human Services Federal
Register, Part III, dated
April 13, 2004.
Phencyclidine 25 25
Amphetamines 1000 500
Methaqualone 300 150
Methadone 300 150
Propoxyphine 300 150
Tricyclic Antidepressants 300 150
Ketamine 25 — until Federal and
"Industry Standards"
established
State
are
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 an
Approved Testing Location, either a hospital or accredited testing lab, chosen by
the City. During said test, the bargaining unit member shall provide sufficient urine
for the Approved Testing Location 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 Approved Testing Location 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 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 unit members of a positive result. Notice to the bargaining unit member
of the test being positive shall be considered to have been served upon the
bargaining unit member by the MRO upon oral communication.
H. All chemical tests shall be conducted as soon as practical, preferably the same day.
I. The F.O.P. will be advised of passed or failed tests to the extent that the releasing
of such data is not inconsistent with Federal or State laws regarding the privacy of
said test, unless the individual involved does not want the test results released to
F.O.P.
34.3 Where a bargaining unit member alleges that an order made under this section is not
consistent with the criteria cited herein, he shall comply with the order, and may simultaneously
file a protest with the communicator of the order. Disputes arising out of such protests shall be
arbitrable under Article 6 of this Agreement.
34.4 Refusal to comply with an order to submit to substance/alcohol screening will constitute
grounds for termination. The bargaining unit member refusing to be tested shall be placed on leave
without pay pending the final determination.
34.5 Any positive test for a controlled substance which is confirmed by G.C.M.S. or better
testing shall result in discipline up to and including dismissal. The bargaining unit member
refusing to be tested shall be placed on leave without pay pending the final determination,
34.6 Any positive test of alcohol which is confirmed shall result in discipline up to and
including dismissal. The bargaining unit member refusing to be tested shall be placed on leave
without pay pending the final determination.
34.7 In the event that the results of the urinalysis/blood test are positive, the following criteria
will apply:
A. The employee at his/her own cost shall, within seventy-two (72) hours of a positive test
notification (excluding weekends and holidays), enter and remain in a drug/alcohol program
approved by the City and the Union until the approved program administrator is able to state that
he/she has successfully completed the program, including aftercare. While in the program, the
employee will be allowed to return to work if the program administrator approves; if not, the
employee may be suspended until the program administrator approves return to work. Such
suspension shall not exceed six months. If the employee cannot return to their regularly assigned
position after six (6) months, they shall be dismissed. If the employee does not successfully
complete the program, he or she will be terminated.
34.8 Employees shall not be permitted to work until program administrators feel certain
there is no possibility they are using drugs and submit this opinion in writing to the City. If and
when the employee successfully completes the in -patient portion of the program, as determined by
the program administrator, the employee shall be allowed to return to work.
A. Upon being notified of a positive test, the employee will be immediately relieved of
duty. If relieved of duty, the employee, if eligible, will use all of his/her earned time,
vacation time, and sick time, and then he/she will go off the payroll.
B. If the employee fails to enter, participate in and/or successfully complete any part of the
rehabilitation program, including any after -care program, the employee shall be terminated
from his/her employment with the City.
C. Effective upon ratification of the labor agreement, employees cleared to return to work
by rehabilitation administrators, shall be subject to substance screenings at management's
discretion for a period of two (2) years from the date the employee returned to work. The
City will be limited to a maximum of six (6) screenings per twelve (12) month period.
Employees tested shall be entitled to a second or confirmatory test as outlined in this article.
Bargaining unit members who decline to offer a sample for the confirmatory test shall have
the reserve portion of the first sample utilized as outlined by this article. Bargaining unit
members who test positive to a confirmatory test shall be terminated from employment
with the City.
D. Effective upon ratification of this agreement, bargaining unit members will be entitled
to one chance at a successful rehabilitation during their employment with the City.
Bargaining unit members who have been through at least one (1) rehabilitation program,
who are screened shall be entitled to a separate second or confirmatory test as outlined in
this article. Bargaining unit members whose sample tests positive on confirmatory test shall
be terminated from employment with the City.
Article 34
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
34.1 In an effort to identify and eliminate on or off duty controlled substance abuse and on
duty alcohol abuse, a bargaining unit member will be ordered to undergo a urinalysis/blood test
immediately upon notification as provided herein:
A. Following any vehicular accident occurring on -duty, on an off -duty detail, or
traveling to or from same, and/or involving bargaining unit member(s) while
driving a City vehicle or rented vehicle, where a staff level officer has reasonable
belief based upon objective factors that the involved bargaining unit member(s)
may be under the influence of alcohol or any controlled substance, unlawful, mind -
altering, or non -physician prescribed drugs.
B. Where a staff level officer has a reasonable belief, based upon objective factors
that a bargaining unit member is under the influence of any illegal drug or
controlled substance not prescribed for him/her by a licensed physician.
1) If the reasonable belief giving rise to the testing order arises while the
bargaining unit member is on duty, a reasonable effort shall be made to have
the test performed while he/she is still on duty or as soon thereafter as is
practical.
2} In the event that the reasonable belief arises while the bargaining unit member
is off duty and the bargaining unit member is not at the scene of an accident,
arrest, or other event he/she shall be directed to undergo a urinalysis/blood
test immediately unless there are compelling reasons to wait until the next
tour of duty or the next morning, whichever occurs first.
C. Where a staff level officer has a reasonable belief that a bargaining unit member is
under the influence of alcohol on duty, or off -duty, while driving a City vehicle or
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 or any other accredited and/or
certified location (``Approved Testing Location"), as chosen by the City. The
Approved Testing Location hospital or accredited testing laboratory shall include
sufficient safeguards to ensure that proper chain of custody procedures is enforced.
C. The following drugs or classes of drugs and cut off concentration levels shall be
applicable for determining whether specimens are negative or positive for the initial
or confirmation test. A positive result shall be a concentration in excess of the
following:
Initial Test Level (ng/ml) GC/MS Level (ng/ml)
Anabolic Steroids In accordance with industry
standards
Cannabis (Marijuana) Metabolites 50 15
Cocaine Metabolites 300 150
Opiate Metabolites 2000 In accordance with levels
specified by Department of
Human Services Federal
Register, Part III, dated
April 13, 2004.
Phencyclidine 25 25
Amphetamines 1000 500
Methaqualone 300 150
Methadone 300 150
Propoxyphine 300 150
Tricyclic Antidepressants 300 150
Ketamine 25 —until Federal and
State
"Industry Standards"
are
Gamma-hydroxybutyrat
Methylenedioxymethampetamine 300
(MDMA, Ecstasy)
established
150 until Federal and
State "Industry
Standards"
are established
150
(Additional drugs may be added to the list as dictated by applicable law
or upon mutual agreement of the parties.)
D. Bargaining unit members shall give either a blood sample (only to be used for
testing blood alcohol content), or a urine sample as directed by management, at an
Approved Testing Location, either -the.• a'.: ita, or re it a fi t' ' k chosen by
;�:,, ux uvvivua wu �c,�za-rr�uc.T
the City. During said test, the bargaining unit member shall provide sufficient urine
for the Approved Testing Location 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 Approved Testing Location 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 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 unit members of a positive result. Notice to the bargaining unit member
of the test being positive shall be considered to have been served upon the
bargaining unit member by the MRO upon oral communication,
H. All chemical tests shall be conducted as soon as practical, preferably the same day.
I. The F.O.P. will be advised of passed or failed tests to the extent that the releasing
of such data is not inconsistent with Federal or State laws regarding the privacy of
said test, unless the individual involved does not want the test results released to
F.O.P.
34.3 Where a bargaining unit member alleges that an order made under this section is not
consistent with the criteria cited herein, he shall comply with the order, and may simultaneously
file a protest with the communicator of the order. Disputes arising out of such protests shall be
arbitrable under Article 6 of this Agreement.
34.4 Refusal to comply with an order to submit to substance/alcohol screening will constitute
grounds for termination. The bargaining unit member refusing to be tested shall be placed on leave
without pay pending the final determination.
34.5 Any positive test for a controlled substance which is confirmed by G.C.M.S. or better
testing shall result in discipline up to and including dismissal. The bargaining unit member
refusing to be tested shall be placed on leave without pay pending the final determination.
34.6 Any positive test of alcohol which is confirmed shall result in discipline up to and
including dismissal. The bargaining unit member refusing to be tested shall be placed on leave
without pay pending the final determination.
34.7 In the event that the results of the urinalysis/blood test are positive, the following criteria
will apply:
A. The employee at his/her own cost shall, within seventy-two (72) hours of a positive test
notification (excluding weekends and holidays), enter and remain in a drug/alcohol program
approved by the City and the Union until the approved program administrator is able to state that
he/she has successfully completed the program, including aftercare. While in the program, the
employee will be allowed to return to work if the program administrator approves; if not, the
employee may be suspended until the program administrator approves return to work. Such
suspension shall not exceed six months. If the employee cannot return to their regularly assigned
position after six (6) months, they shall be dismissed. If the employee does not successfully
complete the program, he or she will be terminated.
34.8 Employees shall not be permitted to work until program administrators feel certain
there is no possibility they are using drugs and submit this opinion in writing to the City. If and
when the employee successfully completes the in -patient portion of the program, as determined by
the program administrator, the employee shall be allowed to return to work.
A. Upon being notified of a positive test, the employee will be immediately relieved of
duty. If relieved of duty, the employee, if eligible, will use all of his/her earned time,
vacation time, and sick time, and then he/she will go off the payroll.
B. If the employee fails to enter, participate in and/or successfully complete any part of the
rehabilitation program, including any after -care program, the employee shall be terminated
from his/her employment with the City.
C. Effective upon ratification of the labor agreement, employees cleared to return to work
by rehabilitation administrators, shall be subject to substance screenings at management's
discretion for a period of two (2) years from the date the employee returned to work. The
City will be limited to a maximum of six (6) screenings per twelve (12) month period.
Employees tested shall be entitled to a second or confirmatory test as outlined in this article.
Bargaining unit members who decline to offer a sample for the confirmatory test shall have
the reserve portion of the first sample utilized as outlined by this article. Bargaining unit
members who test positive to a confirmatory test shall be terminated from employment
with the City.
D. Effective upon ratification of this agreement, bargaining unit members will be entitled
to one chance at a successful rehabilitation during their employment with the City.
Bargaining unit members who have been through at least one (1) rehabilitation program,
who are screened shall be entitled to a separate second or confirmatory test as outlined in
this article. Bargaining unit members whose sample tests positive on confirmatory test shall
be terminated om employment with the City.
For the City
Date:
NFA
collative bargaining agre ant by both parties, .nag Wit
the co c of their ; layment with the City, demonstrate
or inspakineot of health wed by tuberculosis,
or partial disability or death shall
aged in the line of+rtuty unl the .cont
have
ent officer, will
� 403,
e, or hypsrtion resulting
rmed to have been accidental and to have been
a
Wrt by co
t evidence. However, any
y passed a physical examination upon
ination failed to reveal
o any ouch condition. Such presumption shall not x: atlyto benefits payable under
policy of life insurance or disability insurance, unl t i
acts
d ` ed
ditionnai benefits to be included in the policy enritrac
nd agili
tp
35.2 This section sh
biiity
shalt include the pnesumptta
is
dude accidental death beneAts or double indemnity overage which
that any coon or impasrtu of y kind caused by
Article
SWORN OFFICERS KILLED IN THE LINE OF DUTY
36.1. Any full-time Sworn Mian],i 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 hr wound.s. shall be given a promotion to the rank of Major, Leave balances
will be paid off at the hourly rate of the:newly promoted rank. The beneficiary of the deceased
shall receive a sum of three two -hundred thousand dollars ($2300,000) from the City of Miami.
upon. said bargaining unit member'death. Application shall he made to the D-epartment of
Human R.esources for payment of such death benefits,
/ •<,
For tife City
Date:
)465O43.21 vi (.Aa of 1.3 [22)
#45216768 vl (As of 8.31.2021)
Article 38
RESERVED
95
Article 39
PENSION
39.1 The pension benefits and employee contributions of employees covered by this
Agreement shall remain unchanged as they presently exist as currently set forth in Section 40-
191 through 40-212, Miami City Code, of the City of Miami Firefighters' and Police Officers'
Retirement Trust ("FIPO"), except as modified below.
Effective October 1, 2018, bargaining unit members who were vested into their pension
benefits on or before September 26, 2010, shall have the pension benefits in accordance with the
provisions of the FIFO in effect on September 26, 2010. Those bargaining unit members shall be
eligible to participate in the Backdrop Option set forth in section 39.3, below, or the Front Drop
with the option of electing up to seven (7) years, but not both.
Effective September 30, 2021, bargaining unit members who were not vested into their
benefit on or before September 26, 2010, shall have the pension benefits in accordance with the
provisions of the PIPO in effect on September 26, 2010, with a cap on benefits of one hundred
and twenty thousand dollars ($120,000.00). Those bargaining unit members will remain eligible
to participate in the Backdrop Option set forth in section 39.3, below.
Employee pension contributions
The employee pension contribution will be seven percent (7%) of compensation for all
employees hired before October 1, 2012. For all employees persons hired on or after October 1,
2012, the employee pension contribution shall be ten percent (10%) of compensation.
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 be implemented for members who were not vested in the Plan.
on December 31, 2012. Vested members as of December 31, 2012, remain eligible for the
forward DROP, or in the alternative are eligible for the Backdrop. Members who become vested
on or after January 1, 2013, shall only be eligible for Backdrop.
(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. 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 Human 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. If legally necessary or legally required, the parties agree to jointly
petiti.on the Circuit Court judge in the ease 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.
39.4 Service Retirement Benefit Multiplier
b
three pit (3
ervice for the first
table service and c :; i d ont.half percent (3.S%) of
multiplied by tic numb v creditable service
object to the maximum retirement allowance
Article 40
BID ,PROCESS/SNIQJtL,JY
40.1. The Department shall be limited to a once per year citywide bid of all Field Operations
Division positions, if deemed necessary by the Chief of Police. The Department shall determine
what slots will be staffed and filled.
40,2 Bargaining unit members who Relieved of Duty are not.eligible to participate in any bid
mosess wider this Article, Bar ainin unit memberswho are on light duty or any type of fl\ilLA
or -medica 1 elated leaVe shall be eligible to participate in the bid process so long as .they have
medical certification .svporting a return to work date that is nolater than thirty (30) days from the
date that the osition1shift is to b assi •
QCtiVe Si t Dat " . such bar ai
einicannot ffl.I theosition/slot within thirty 0days of die EffectiveSlot
'reason, they shall forfeit the permanent .position °lithe bid until the next bid,
40.13 The Chief of Police mayshall 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 Bided, personnel :may -be
temporarily assigned to cover staffing needs. Those bargaining unit members who are temporality
assigned will Q0111C from 'bargaining unit members most recently transferred to Meld Operations
Division, 'laterals from other Department, probationary officers/sergeants, and bargaining unit
members Who have not yet bid for a permanent. position. Temporary assignments will be for a
period not to exceed twelve (12) months,
40.44. Seniority shall only -be used in determining flhilt assignment, area, and in the assignment
of days off within a 1 unit . should an epin
V4650172,1 v I (As of 131.22)
oce
atev r
g ocouffing within a
Seniority- .th.ay shall not be used in determining assignment to a specialized unit. In
specialized units seniority is defined .a8 continuous time within the specialized unit,
40,45. Seniority shall, for the purpose of this Article, be defined as date of hire as Police Officer.
(5:005). Where Seniority is the. same for two or more Police. O-fficers, the date of hire as apogee
Recruit (5003) shall bo utilized, Where the date of him as a Pelice Recruit is the same, the most
recent date of application as a Police .Recruit with the City shall be utilized, For the rank of
Sergeant (5011), seniority is defined as the effective date of promotion to :Sergeant, Where the
date of promotion to Sergeant is the same for two or more Sergeants the date of hire as El. Police
Officer 'shall. be utilized, For the rank of Lieutenant (5012), seniority is defined as the. effective
date of promotion to Lieutenant Where the date of promotion to Lieutenant is. the same for two
ientenants the effective date of prarnotion Ser cant shall be utitiz
• For the rank of
Captain (5013), seniority is defined as the effective date of promotion to Captain. Where the date
of promotion. to Captain is the same. for two or more -Captains, the effective date of promotion to
Lieutenant shall be utilized. The above process shall be used to break all ties in seniority until date
olapplication as Police Recruit with the City,
geniorit”halb for the purtose-of-this-A4ie4e34be defined -as date-of-rin.
(promof al)--and-tion-swe 7
4he-same-14
tear foereLbafgctining-unit-meraber-s-then-tlae,most recent -date -of hire as a police-off4 ••
ientenftathe ..ty date of rank is the saine-for-two.
nembers7-the4rlyroinotiona1 date prior
utilized, For the -rank of Captain-Atherothe-seniority of date of rank
anic of Sergeant shall be
ore
haw iffg--tinit-inembers-,--the1F-ffe tiona-l-d-ate-pfier-when-holcl ing- the • 41
two -of -more -Captains- ha -he ame-premetienal--d Letenat* theif
2
R46501.724 vl (As or 131.22)
pAnnetietate--pr-ior when7-64-iing-the-rkuk-of-Sergcant If either stipef-- visery
ranks lre-the-some-pr-etnetional date -wen provious-snpewiwiTtmlietieates--ar
the -the mest-reeent-dete-of-bire-as--a-peliee.--a&eFshall-te utilized, ki eases---Aete-a-Teenev
bar -Oiling unit member has been-r-ehir-e€AFf the -Department; ga4ig nit most
reeent-Elate-o-fbife-asraia 414
will roduee-tlie-bafgeining unit metther's snior
.or Duapensieft;
40.65 Exceptions to the use of &Seniority as specified in 4025 may occur in an emergency or
when special. 'knowledge or skills are needed or as determined by the Chief of Police or the Chiefs
designee..
'Mout pay or suspens-iens
time for such icave-ef-absenee
1311D PROCESS/SENIORITY FORDETENTION OFFICERS
40345 One full year after the commencement of the Detention Officer position, the Grief of
Police shall fill slots to non.-prebatic.).nary Detention OtlicerS. The open slots will be filled
throughout the regular bidding pro-cess.
40..87 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 rnay be temporarily- assigned to cover
staffing needs. Temporaryassignments will be for a period not to exeeed.twelve (12) months.
40.98 Seniority shall only be -used in determining shift assignment, aroa and in the assignment
of days off upon an opening occurring.
40.109 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 tiro most recent date of hire .shall be titilized. Where seniority
tio-sp1724. vl (As of 1,31.22)
by date of hire is the same, then, the roost recent date and. time of th.e employment applicatio.n. with
the City will be utilized, For -purposes of this Article, 'eaves 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,
40.110 Exceptions to the -use of seniority as .specified in 40,13 may occur in an emergency or
when special knowledge or skills are needed,. as determined by the Chief of .Police or the Chief .8
designee.
For the City N
,13,
Date:
4
#46541724 (As of 131,22)
11.1011
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 only one atwenty-four (24) bour vehicle upon his/her successful
completion of probation. Bargaining unit members assigned to the Motors Unit
may use a City provided pool vehicle if such pool vehicle is available. However,
nothing in this Article shall be construed as requiring the City to have pool
vehicles available.
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 member involved in a vehicular accident determined to be
preventable by the Accident Review Board will lose the privilege of a twenty-four
(24) hour vehicle as follows:
Reasonable action
No injuries
Under $1,000 damage
No Loss
Reasonable action
No injuries
Over SI,000 damage
1 Month
Reasonable action 2 Months
Injuries
Unreasonable action 3 Months
No injuries
Unreasonable action 6 Months
Injuries
F. The above -mentioned sanctions will be imposed in addition to any disciplinary
actions that may be imposed by the City.
G. A bargaining unit member, whose twenty-four (24) hour vehicle is unavailable
due to maintenance, repairs, or damage, will not require the replacement of said
vehicle on a twenty-four (24) hour basis.
H. Departmental policy on the use and operation of police vehicles shall apply. To
facilitate the dissemination of information to bargaining unit members regarding
changes to Departmental policy on the use and operation of twenty-four (24) hour
vehicles, the Department agrees to notify the President of the F.Q.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. For the term of this Agreement,
the City will purchase/lease vehicles as set forth in (ii) below. Mid -size vehicles
may be purchased/leased as replacement vehicles if the vehicle being replaced is
not a pursuit vehicle in patrol. Fear—(4)-e34intler vehicles may be assigned to
Geffnnunicationsi-Gemtminity-Relatiensr-Pr-operingraaelcgrounds, and
limited and light-duty-perennel,All--ether- witty four hour vehicles will be at
(ii) The City will purchase/lease and allocate twenty --four (24) hour vehicles.
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 may will -be used to
purchase/lease additional police vehicles in the next fiscal year.
J. The F.O.P. agrees that bargaining unit members are required to have routine
preventative maintenance performed 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 RPMHD -10 W-30 energy
conserving or 30-40 W).
(Motorcycle preventive maintenance shall include change of oil, change of all
fluids, and lubrication of chassis).
Such preventive maintenance shall be perfoiied every five thousand (5,000)
miles (preventive maintenance for motorcycles shall be performed every four
ua d (4,000) miles
Loss
Vehicle mainteo
duty Overtime pay requ
currently bci paid t
d 1.9 Yoh!eles every five tsand ,OOO) males} �e
signed a t
d• eip inary
a hour veb;ielo .
subject
prescribed preventive
is mcludin but not limited
mar a age c
emeut of maintenance ce cost,
24) hour vehicle.
ce will be d only while the b
its aIi f iat a eoncernmg any
typrev
be unsafe to drive by the City will 1
u age of a City vehicle
t€ hich:`°
v 'alp,
gut of sertce,
Article 42,
TUITION RIUMBURSEMENT
42.1 The tuition reimbursement program. is designed to memo:age bargaining unit members
to improve their job performance and increase their value to the Ci.ty by pursuing courses of study
related to their job duties in accredited teohnical school, college or university anci/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 ROI?, mutually agree upon inclusion of the educational. program.
42..2 Any full-time sworn, permanent bargainingunit member shall be eligible to participate
in the Tuition Reimbursement Program, so long as the member has complied with the City's
administrative, prerequisites for participation in the prograrn. Tuitionreimbursement- provided
e-fii*altfiet-be-sutijoet-te-tigetary-c-on-str-aittts
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 ofthis Article must be directly related to the bargaining unit
member's job duties.. Class attendance will be on the bargaining unit inember's own. time unless
otherwise .noted in the course announcement and authorized by the City Manager or the Labor
Relations/Deputy Director Department of Human Re8-01)X 'es,
42.4 Reimbursement will be limited to actual tuition costs up to a maximum of few —six
thousand dollars ($412,000) per calendar year. Boolcs, 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 fbr reimbursement, the bargaining unit member must suce.essfiitly
complete the course work and provide evidence (if a grade of "C" or better to the City.
146501;5132 vJ.(Aa of 1,3.1.22)
42.6 Procedures for rehriburseinent will be as follows:
A, The bargaining unit member must obtain three (3) copies of the Application for
Tuition Reimbursement .form for each course from the Police Department or the
Human Resources Department,
B. The bargaining unit member must complete theapplication 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
fin:ward the original and one copy to the Human Resources Department, If the
applicatio 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 an.d 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, bis/her termination from the City through a deduction from his/her
final paycheck.
42.8 Upon completion of the courser work, the bargaining unit member must submit his/her
semester - grade report together with tb,e tuition fee receipt to the Chief of Police, The Chief of
Police will submit the approved application for tuition reimbursement along with the bargaining
ft46301532 vl (As of 1,31,22)
2
unit member's semester grade report to. the Finance .Department who hall then reimburse the
bargaining .unit member for the City's share of the tuition. reimbursement. The Chief of Pollee .will
advise the Human Resources Department of the bill -gaining unit member's satisfactory completion
of the coursV
For the City',
Date:
/14650] 532 v.I.,(A.3 f I.3J .22)
Article 43
POST EMPLOYMENT HEALTH PLAN
43.1 The parties agree that the F.O.P. will establish the Fraternal Order of Police, Lodge #20,
Post Employment Health Plan ("PEHP"), consistent with current IRS Rules and Regulations.
43.2 Eligibility for membership, taxability, funding and administration of the PEHP, will be as
outlined in the PEHP Document.
43.3 The PEHP will establish individual accounts for each member in the PEHP.
43.4 Upon separation of service from the City all members will have their sick leave balances
calculated at their hourly rate of pay at time of separation and transfen-ed to their PEHP accounts.
43.5 Any losses, charges or expenses incurred by the participant in the PEHP will be borne by
the participant and shall not be made up by the City of Miami, the F.Q.P. or the PEHP.
/L)
For the City
Date:
#45216768 vl (As of8.31.2021)
108
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 0: reasonable period of tittle 0, ',aer establishment of the -Eligible
Register per the Civil Serviceitt&s, Filling of all sworn classified budgeted vacancies shall be in
accordance with tho Civil .Service Rules and Replations,. so long as they are not inconsistent with
provisions of this Agreement, All sworn classified budgeted vacancies shall be filled floin the
pro.m.ational register in effect at the time the budgeted vaoancy 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 purpos s, if the City fails to promote within ninety (90) ire
hundred —and eighty (.go) calendar days from the effective: date of the budgeted vacaney;
retroactive pay shall be paid. beginning Jainety4me: ette•-hundtvel-and-tighty-orie (4.-84-)1) calendar
days from the effective date of the budgeted vacancy to the date of promotion, The date. of
promotion for seniority purposes will be on the 181day -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 City-wide freeze is declared by the City Manager,
or the position is abolished, frozen, or audited from one bargaining unit classifieation to a different
bargaining unit classification by the City Manager, nor Shrill it apply when a promotion is delayed
due to court ordct(s), judgment and/or order from the Departtnent of Justice Mal) expressly
1146461413 Arl, (As of 1.31,2022)
1
prOhibiting the administration of an examination/promotion, Once :a freeze is 11114 vacancies
shall be fihlecl as outlined in 44,1 The City shall not abolish a sworn classified. position for the
.soIe .purpose of reclassifying to a sworn unclassified position.
The parties .Agee that the City shall, upon rzitificration of this Agreement,. audit no less than
four sworn unclassified/s.enior staff positions within the Police Department to determine if
budgetarily and administratively feasible to implement reclassification to the position of Police
Captain.
44.3 The Department o.Human R nacos will keep the membersof the bargaining unit covered
by this ,Agreernent advised as to promotional opportunities within Article 1, Recognition.
44,4 .Further, the Depai went of Human Resources Director via Official Bulletin of the Miami
Police Department and normal notification via the EmployMent Office will advise eligible
applicants. for pro. . ofional 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 wo. (2) years from the date the register becomes effective, -unless the register
is exhausta 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 aligible 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 p °motional 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,
if40,16 I 4 13 vi (AN of .2022)
2
44-.7 Promotional register :for :Police Sergeant, Lieutenant, and Captain shall have ties broken
.using seniority credit that was previously used in calculath)g the seniority score .for the exam.. If a
tie still exists., it shail. be :broken in favor of the highest ranking Police Officer on the Department
seniority list for the Sergeant's register, or the higb.est ranking Officer an the appropriate seniority
in grade list for the Lieutenants.' or captains' register.
44.8 Bargaining unit members shall have sixty ,60) days from the establishment ofan e1igibje
register within which to file any challenge(s) to the .uroinational exam process with the Civil
Service Board, as a means of exhansting.the member's. administrative reinedy.
For the City
Date:
4464614131/1 (A/3 Of 1.31.2022)
3
Of V
Article 45
TERM OF AGREEMENT
45.1 After a majority vote of those bargaining unit members voting on the question of
ratification and thereafter upon its ratification by an official resolution of the City Commission
ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of
the City, then the Agreement, upon being signed by the appropriate F.O.P. representatives and
the City Manager, shall become effective October 1, 202148, except where otherwise stipulated.
The Agreement shall continue in force and effect until 11:59 p,m., September 30, 2024-3.
45.2 Unless mutually agreed otherwise, on or before Februaryl, 2024.3, the F.O.P. shall
notify the City in writing of its intention to renegotiate the Agreement in force, and attached
thereto shall include a complete list of proposals which shall inform the City of the articles which
they desire to negotiate, together with specific language embodying and describing their
proposals. The changes indicated in the proposals shall be designated by article numbers and/or
section numbers with a strike through of deleted language (sample) and new language will be
underlined (sample).
45.3 On or before March 1, 2024-3, 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 (s-i-liple) and new
language will be underlined (sample).
45.4 Initial discussions shall thereafter, and no later than March 15, 2024-3, be entered into
by the City and the F.O.P.
o , ' lu over $ &N f .a: dat[
i mit to th on a p tc such law, oakum
7 end until uch t is cnacair adopted andbecomes of ecti 1
Addendum A (Base)
*Yrs of Servi
Step
Police Officer
Police Sergeant
Police Lieutenant
Police Captain
Detention
Police Recr
01.FOP
03.FOP
05.FOP
07.FOP
01.FOP-D0
00.FOP
5005
5011
5012
5013
5080
5003
0
1
26.8393
30.9993
35.8042
41.3538
23.7507
25.5612
1
2
28.1811
32.5492
37,5944
43,4215
24.9383
25.5612
Step Increase %
5%
5%
5%
5%
%
25.5612
2
3
29.5901
34.1766
39,474p0
45,5925
26.1852
25.5612
ase %
Step lncre5%
5%
5%5%
5%
25.5612
3
4
31.0697
35,8855
41.4478
47.8721
27,4943
25.5612
S110ncrease %
5%
5%
5%
5%
; 5%
25.5612
4
5
32.6233
37.6799
43,5202
50.2658
28.8691
25.5612
Step increase '%
5%
5%
5%
` 5
25.5612
5
6
34.2543
39.5638
45,6963
52.8000
30.3125
25.5612
Step Increase %
5%
5%
5%
5%
5%.
25.5612
6
7
35.9672
41.5420
47.9810
55,4181
31.8280
25.5612
Step mere '-%
/
5%
5%
5%
25.5612
7
8
37.7654
43.6191
50.3801
58.1889
33.4195
25.5612
Se{ncras %
5%
5%
5%
5%
5%
25.5612
8
9
39.6537
45.8001
52.8991
61.0983
35.0905
25.5612
S epJncrease%
5%
5%
- 5%
: 5%
: a-%
25.5612
9
10
41.6364
48.0901
55.5441
64.1533
36.8450
25.5612
Step increase %
5%
5%
5%
=' ✓
/
25.5612
10l
11
42,4691
49.0519
56.6549
65.4363
37.5819
25.5612
Step increase
s°
P. 2%
2%
• z.�.; _ 2%
2%
2%
25.5612'
11
12
43.3185
50.0329
57.7880
66,7451
38.3335
25.5612
Wiiiligri se
2%
2%
2%
' 2%
2%
25.5612
12
13
44.1848
51.0336
58.9438
68.0800
39.1002
25,5612
Step increae"%
2%
2%.,
2%
2%
2%
25.5612
13
14
44.6267
51.5439
59.5332
68.7608
39.4912
25.5612
p.:.Increase %
1/0
1°%
1%
. 1%
` i%
25.5612
14
15
45.1333
52.1289
60.2089
69.5412
39.9394
25.5612
Step Increase %
:.
1%
1%
1%
1%
zr3 -., %
25.5612
15
16
46.0360
53.1715
61.4131
70.9320
40.7382
25.5612
p.:ncrease %
2%
2%
2%
2%
2°
25.5612
Addendum A (Year 13%)
Yrs of Sery Step Police OffiaPolice Serg Police Lieu Police CapDetention Police Recruit
OLFOP
03,FOP
05.FOP
07.FOP
01.F0P-DO00.FOP
5005
5011
5012
5013
5080
5003
3%
3%
3%
3%
3%
3%
0
1
27.6445
31.9293
36.8783
42.5944
24.4632
26.3280
29.0265
33.5257 38.7222
44.7241
25.6864
2
3
30.4778
35.2019 40,6582
3
4
32.0018
36.9621 42.6912
4
5
33.6020
38.8103
44.8258
5
6
7
8
9
6
7
8
9
10
35,2819
37.0462
38.8984
40.8433
42.8855
40.7507
42.7883
47.0672
49.4204
44.9277 51.8915
47.1741 54.486
49.5328 57.2104
10
11
12
11
12
13
43.7432
44.6181
45.5103
50.5235
51.5339
58.3545
59.3156
52.5646 60,7121
13
14
45.9655
53.0902 61.3192
14
15
15
16
46.4873
47,4109
53.69277 62.01517
54.7666 63.2555
46.9603 26.9708
49.3083
28.3191
51.7738
29.7352
54.3840
57.0806
59.9346
62.9313
66.0779
67.3994
68.7475
70.1224
70.8236
71.62744
73.0600
31.2219
32.7828
34.4221
36,1432
37.9504
38.7094
39.4835
40.2732
40.6759
41.13758
41.9603
Z:2Sfe?›
Addendum A (Year 2 2%)
Yrs of Servi
Step
Police Offic
Police Serg
Police Lieu-
Police Capt
Detention 1
Police Recri
01.FOP
03.FOP
05.FOP
07.FOP
01.FOP-D000.FOP
5005
5011
5012
5013
5080
5003
1.02
0.03
0.03
0.03
0.03
0.03
0
1
28.1974
32.5679
37.6159
43.4463
24.9525
26.8546
1
2
29.6071
34,1962
39.4967
45.6186
26.2002
2
3
31.0874
35.9059
41.4714
47.8995
27.5102
3
4
32.6418
37.7013
43.5451
50.2944
28.8855
4
5
34.2740
39.5865
45.7223
52.8092
30.3299
5
6
35.9876
41.5657
48.0085
55.4717
31.8463
6
7
37.7871
43.6440
50.4088
58.2223
33.4385
7
8
39.6763
45,8262
52.9293
61.1333
35.1105
8
9
41.6602
48.1176
55.5758
64.1899
36.8661
9
10
43.7432
50.5235
58.3546
67.3995
38.7094
10
11
44.6180
51.5339
59.5216
68,7474
39.4835
11
12
45.5104
52.5646
60.5020
70,1224
40.2732
12
13
46.4206
53.6159
61.9264
71.5248
41.0787
13
14
46.8848
54.1520
62.5456
72,2401
41.4895
14
15
47.4170
54.7666
63.2555
73.0600
41.9603
15
16
48.3591
55.8620
64.5206
74.5212
42.7996