HomeMy WebLinkAboutExhibitAGREEMENT
BETWEEN
CITY OF MIAMI, MIAMI, FLORIDA.
AND
FRATERNAL ORDER OF POLICE,
WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20
OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2026
ARTICLE 1
RECOGNITION
1,1 Pursuant to and in accordance with all applicable provisions of the Florida Public
Employees Collective Bargaining Law, Chapter 447, Florida Statutes, management recognizes the
F.O.P. as the exclusive collective bargaining representative for those employees in the defined
bargaining unit for the purpose of collective bargaining with respect to wages, hours, and other
terms and conditions of employment, 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
5005
5011
5012
5013
5080
For the C 7 ��j��
Date:
CITY/FOP 6/29/03
1
i,„
For the nion
Officer
Sergeant
Lieutenant
Captain
Detention Officers
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 au
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 or the purpose of this Agreement, reference(s) to the Chief of Police shall include
his/her de ee
For the City
Date:
CITY/POP 6/29/03
2
or the Union
Article 3
REPRESENTATION OF THE F.O.F.
3.1 The F.O.P. shall be represented by the President of the F.O.P. or by person or persons
designated in writing to the City Manager or designee or the Director of Hunan Resources by the
President of the F.O.P. The identification of representatives shall be made each year by April 1sE
Such designation shall be accompanied by an affidavit executed by said President that the F.O.P.
has complied with all requirements of State Law in effect at that time with respect to registration
of the F.O.P. The President of the F.O.P., or person or persons designated by said President, shall
have full authority to conclude an Agreement on behalf of the F.O.P., subject to ratification by a
majority vote of those bargaining unit members voting on the question of ratification. It is
understood that the F.O.P. representative or representatives are the official representatives of the
F.O.P. for negotiating with the City. Any negotiations entered into with persons other than those
defined herein, regardless of their position or association with the F.O.P., shall be deemed
unauthorized and shall have no standing or weight of authority in committing or in any way
obligating the F.O.P. The F.O.P. shall notify the City Manager in writing of any changes in the
designation of the President of the F.O.P. or of any certified representative of the F.Q.P. Up to
five (5) designated representatives of the F.O.P. shall be permitted to attend the negotiation
sessions on duty with no loss of pay or emoluments. Two (2) of the representatives shall be
compensated by the City and their shifts and/or days off shall be adjusted to accommodate the
negotiation process. The other three (3) shall be compensated by the Time Pool consistent with the
provisions of Article 26. The seven day notice requirement will not apply where the schedule of
negotiating sessions prohibits its application.
3.2 The parties agree that time spent in contract negotiations will be paid at the straight time
rate.
3.3 Bargaining Unit members shall obtain authority from his/her supervisor in order to meet
with the Union President or designee during that member's working time.
3. { Any F.O.P. representative, including but not limited to the President, cannot conduct
union business with the City if he/she is the subject of it criminal investigation for a felony and/or
>e.nclin a criminal charge(s} tot- a felony and/or erini nal trial for a felony. Should an F.O.P.
representative he convicted of a felony and/nraccept a withhold otttdjudication for a felony, lie?she
shall cease beim; an F.O.P. representative with respect to conducting union business with the City.
3.5'Hie City and the Union 0 rec to meet and confer on matters of interest upon the written
request of either party. "I'he v vritten request shall state the nature of the matters to he discussed and
the reason(s) for requesting the meeting. Discussion shall be limited to matters set torth in the
request, but it is understood that these special meetings shall not be used to renegotiate this
Agreement. Special meetings shall be held within ten (10) calendar duns of the receipt of the
written request.
3.6 The parties agree to participate in the Labor/Management process as currently
established. The Labor/\'lanat;ement process is an ontioins; tool for addressing and sol virtu issues
and problems concerninn the Union. the Department, and the City, issues are dealt with as they
arise and do not require the formalities ofreopening negotiations. And agreements made that have
economic i ct oil the City must he approved by the City >\'Intnager o . his designee.
For the Ci
Date:
_ / 7 (a_
Poi the Union
ARTICLE 4
MANAGEMENT RIGHTS
4.1 The City has and will continue to retain, whether exercised or not, the right to
operate and manage its affairs in all respects, and the powers and authority not abridged, delegated
or modified by the express provisions of this Agreement or in any Memorandum of
Understanding(s) (MOU) that is incorporated in this agreement and attached hereto or referred to
herein, in addition to any MOU entered into during the term of this agreement. The F.O.P. and the
City retain the right to bring forth additional MOUs which were entered into by both parties and
incorporate them as part of the agreement after notification of the respective party (F.O.P./City
Manager or designee) who will confirm the authenticity of the MOUs. Otherwise, any changes of
terms and conditions of employment shall not be recognized. Any future MOUs that amends the
collective bargaining agreement shall be subject to Florida Statute, Chapter 447, Part IL The parties
agree to a sunset provision that begins at the ratification of this labor agreement wherein any MOU
that is not included with (attached to) the labor agreement prior to the expiration of this agreement
will be considered null and void. MOUs between the City and the Union executed on behalf of
the City by any person other than the City Manager or designee prior to the date of the ratification
of this Agreement are hereby deemed null and void.
The rights of the City, through its management officials, shall include, but shall not be
limited to, the right to determine the organization of City Government; to determine the purpose
of each of its constituent departments; to exercise control and discretion over the organization and
efficiency of operations of the City; to set standards for service to be offered to the public; to direct
the bargaining unit members, including the right to assign work and overtime; to hire, examine,
classify, promote, train, transfer, assign, and schedule bargaining unit members; to suspend,
demote, discharge, or take other disciplinary action against bargaining unit members for proper
cause; to increase, reduce, change, modify or alter the composition and size of the work force,
including the right to 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 determine the purpose and mission of the City, to
prepare and submit budgets to be adopted by the City Commission.
4.4 Those inherent managerial functions, prerogatives and policy making rights which
the City has not expressly modified or restricted by a specific provision of this Agreement are not
in any way, directly or indirectly, subject to the Grievance Procedure contained in this Agreement,
4.5 If the City fails to exercise any one or more of the above functions from time to
time, this will not be deemed a waiver of the City's right to exercise any or all of such functions.
This -provision will in no -way alter -or diminish the rights afferded-byte' 2'ra`'g
lcfits,
4.6 The City retains the right to establish, and from time to time to amend, rules and
regulations not i, onflict with this Agreement.
For the City
Date: C/
P51294549v1
ARTICLE 5
NO STRIKE
5,1 "Strike" means the concerted failure to report for duty, the concerted absence of
bargaining unit members from their positions, the concerted stoppage of work, the concerted
submission of resignations, the concerted abstinence in whole or in part by any group of employees
from the full and faithful performance of their duties of employment with the City, participation
in a deliberate and concerted course of conduct which adversely affects the services of the City,
picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the
expiration of a collective bargaining agreement.
5.2 Neither the F.O.P., nor any of its officers, agents and members, nor any bargaining
unit members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone
any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or
any other interruption of the operations of the City.
5.3 Each bargaining unit member who holds a position with the F.O.P. occupies a
position of special trust and responsibility in maintaining and bringing about compliance with this
Article and the strike prohibition in F.S. 447.505 and the Constitution of the State of Florida,
Article I, Section 6. Accordingly, the F.O.P., its officers, stewards and other representatives agree
that it is their continuing obligation and responsibility to maintain compliance with this Article
and the law, including their responsibility to abide by the provisions of this Article and the law by
remaining at work during any interruption which may be initiated by others; and their
responsibility, in event of breach of this Article or the law by other bargaining unit members and
upon the request of the City, to encourage and direct bargaining unit members violating this Article
or the law to return to work, and to disavow the strike publicly.
CITY/FOP 6/29/03
8
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
For the City
Date: '7
CITY/FOP 6/29/03
9
4t For he 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 matter which is the subject of a grievance, appeal, administrative action
before a governmental board or agency, or court proceeding, brought by an individual bargaining
unit member or group of bargaining unit members, or by the F.O.P.
6.4 It is further agreed by the F.O.P. that bargaining unit members covered by this Agreement
shall make an exclusive Election of Remedy prior to filing a 2nd step grievance or initiating action
for redress in any other foram. 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 of Labor Relations.
The Election of Remedy form will indicate whether the aggrieved party or parties wish to utilize
the Grievance Procedure contained in this Agreement or process the grievance, appeal or
administrative action before a governmental board, agency or court proceeding. Selection of
redress other than through the Grievance Procedure contained herein shall preclude the aggrieved
party or parties from utilizing said Grievance Procedure for adjustment of said grievance.
6.5 To simplify the Grievance Procedure, the number of "working days" in presenting a
grievance and receiving a reply from the different levels of supervision shall be based upon a forty
(40) hour, five (5) day workweek, Monday through Friday not including citywide holidays. All
grievances must be processed within the time limits herein provided unless extended by mutual
agreement in writing.
Any grievance not processed in accordance with the time limits provided above or not
supplemented by a completed and signed Election of Remedy form shall be considered
conclusively abandoned. Any grievance not answered by management within the time limits
provided will automatically advance to the next higher step of the Grievance Procedure. Where a
grievance is general in nature in that it applies to a number of bargaining unit members having the
same issue to be decided, or if the grievance is directly between the F.O.P. and the City, it shall be
presented directly at Step 3 of the Grievance Procedure, within the time limits provided for the
submission of a grievance in Step 1, and signed by the aggrieved bargaining unit members or the
F.O.P. representative on their behalf. 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 naive or by definition. The
Union and the City will make a good faith effort to resolve any disputes regarding the identification
of the class prior to commencing with the Step 3 hearing. The Union will be permitted to amend
its identification (either by name or by definition) of the aggrieved bargaining members in the class
up to thirty (30) days prior to the date of the arbitration hearing. The Election of Remedy form as
provided in Section 6.4 of this Article must be completed and attached to grievances presented
directly at Step 3.
6.6 Only-a-b) argaining unit members who has-permanent-C--i il-Serviee ttts as- a sweat
Police Officer_n P; l--Depatrient--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-gtievanee with —notify his
immediate supervisor in writing within ten (10) working days of the occurrence which
gave rise to the grievance. The-F.O.P. representative ma.) be -present -to represent-
the
bargaining unit n-eri r e--bargai g unit-e :be -desires hi n-presort The e-mail
shall clearly identify that the bargaining unit member is initiatin g grievance raider this
Article. The immediate supervisor shall attempt to adjust the matter and/or respond to
the bargaining unit member within sever -ten (710) working days. Such discussion shall
be confirmed in writing by the aggrieved employee anchor an FOP representative, and a
Step 2.
Step 3.
copy forwarded to the Labor Relations division of the Human Resources Department by
the aggrieved employee and/or an FOP representative.
If the grievance has not been satisfactorily resolved at Step 1, the bargaining unit
member or the Employee Organization representative shall complete the Election of
Remedy form provided for in Section 6.4 of this Article before initiating the grievance
to the second step of the Grievance Procedure. If the aggrieved party or parties elect
the remedy other than the Grievance Procedure contained herein, the grievance shall be
withdrawn for redress consistent with the Election of Remedy form.
When the Election of Remedy form indicates the grievance is to be advanced through
the Grievance Procedure, the bargaining unit member or the F.O.P. representative shall
reduce the grievance to writing on the grievance form provided for this purpose and
present such written grievance to the Department Head or his designee within seven -ten
(710) 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 (10) working days from receipt of the written grievance.
If the grievance has not been satisfactorily resolved in Step 2, the bargaining unit
member or the F.O.P. may present a written appeal to the City Manager and the Director
of Human Resources, or their designee, within ten (10) working days from the time the
response was given at Step 2. The City Manager and/or the Human Resources Director
Step 4.
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 Human Resources 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.
1. If the grievance is not settled in Step 3, it may upon written request of either the
Bargaining unit member, Employee Organization or the City within ten (10)
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 rule upon any matter which is
stated in this Agreement not to be subject to arbitration or which is not a grievance
as defined in this Agreement, or which is not covered by this Agreement; nor shall
this Collective Bargaining Agreement be construed by the Arbitrator to supersede
any applicable laws. 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 member(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. Any Arbitration award shall be governed, and limited in scope
by, the dames and remedies in the CBA under which the oral grievance was
filed.
3. It is contemplated that the City and the F.O.P. or bargaining unit member shall
mutually agree in writing as to the statement of the matter to be arbitrated prior to
a hearing; and if this is done, the Arbitrator shall confine his decision to the
particular matter thus specified.
4. Each party shall bear the expense of its own witnesses and of its own representatives,
The F.O.P. and the City shall bear equally the expense of the impartial Arbitrator,
including any retainer fee of the Arbitrator. Should any individual bargaining unit
member bring a grievance under this Article, he/she shall be required to post a bond
of an estimated one-half (1/2) of the expenses of the hearing with the arbitrator
before the hearing may be scheduled, The party desiring a transcript of the hearing
will bear the cost of same.
5. Copies of the award of the arbitration made in accordance with the jurisdiction or
authority under this Agreement shall be furnished to both parties within thirty (30)
days of the hearing and shall be final and binding on the aggrieved bargaining unit
member(s), the F.O.P. and the City.
6, The Arbitrator shall be selected by agreement of the parties. In the event the parties
cannot agree upon an Arbitrator, the Federal Mediation and Conciliation Service
shall be requested to nominate five (5) persons for such position. Each party may
reject such list in its entirety. If a list is not so rejected, names shall be stricken
lternately, the party striking first to be determined by the toss of a coin.
For the Cit}
Date; t
ARTICLE 7
RULES OF CONSTRUCTION
7.1 It is agreed and understood that this Agreement constitutes the whole Agreement
between the parties.
7.2 If this Agreement or any provision, section, subsection, sentence, clause, phrase, or
word of this Agreement is in conflict with any law as finally determined by a court of competent
jurisdiction which had presented to it the issue of conflict as it may pertain to this Agreement, that
portion of the Agreement in conflict with said law or ordinance or resolution or court interpretation
of the law shall be null and void and subject to renegotiation. Notwithstanding the provisions of
this article, the parties agree that whenever a negotiated clause of the labor contract is in conflict
with the Civil Service Rules , or the City of Miami Departmental Orders, on the same subject, the
provisions of the Labor Contract will take precedence, The remainder of the Agreement shall
remain in full force and effect with it being presumed that the intent of the parties herein was to
enter into the Agri r nrent without such invalid portion(.
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For th City For tl a Union
(5/
Date: p
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#51124629 vi
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ARTICLE 8
P'€n'i I INVESTIGATORY PROCEDURE
8.1 Whenever a bargaining unit member (for purposes of this Article, the terms
"bargaining unit member" and "law enforcement officer" shall be used interchangeably) is under
investigation and subject to interrogation by members of the City of Miami Police Department for
any reason that could lead to disciplinary action, suspension, demotion, or dismissal, such
interrogation must be conducted under the following conditions:
A. The interrogation shall be conducted at a reasonable hour, preferably while
the bargaining unit member is on duty, unless the seriousness of the investigation is of such degree
that an immediate action is required. If the bargaining unit member is off duty at the time of the
interrogation, the bargaining unit member shall be entitled to overtime.
B. The interrogation shall take place either at the office of the command of the
investigating officer or at the office of the local precinct or police unit in which the incident
allegedly occurred, as designated by the investigation officer or agency.
C. The law enforcement officer under investigation shall be informed of the
rank, name, and command of the officer in charge of the investigation, the interrogating officer,
and all persons present during the interrogation. All questions directed to the officer under
interrogation shall be asked by or through one interrogator during any one investigative
interrogation, unless specifically waived by the officer under investigation.
D. The bargaining unit member under investigation shall be 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 mariner as to allow a
transcript to be prepared, and there shall be no unrecorded questions or statements. Upon the
request of the interrogated officer, a copy of any recording of the interrogation session must be
made available to the interrogated officer no later than 72 hours, excluding holidays and weekends,
following said interrogation.
H. The bargaining unit member shall not be obligated to give a second
statement concerning the same facts elicited in an original interrogation. This will not preclude an
investigator from asking questions at a later time that were not covered by the first statement. The
bargaining unit member's interrogation will take place after all other witness statements have been
taken, unless a situation occurs such as;
1) After documented and concerted efforts to locate said witness a
witness is thought to be permanently unavailable,
2) The necessity for taking other witness statements becomes apparent
after the interrogation of the bargaining unit member who is the subject of the
investigation, or
3) A supervisor in the normal course of case review makes a
determination that the case must be returned to the investigator for additional
witness interviews.
Should this occur, the bargaining unit member who is the subject of the
interrogation shall have the opportunity to present rebuttal evidence.
I. No mechanical device, including, but not limited to, polygraph, or
psychological stress evaluator, ete., shall be forced onto a bargaining unit member
nor shall disciplinary action be taken against a bargaining unit member who refuses
to submit to such testing. However, a bargaining unit member may request such a
test.
J. If the bargaining unit member is under arrest, or is a principal of a
criminal investigation and is likely to be arrested as a result of the interrogation, he
shall be fully informed of his or her legal rights prior to any interrogation.
K. At the request of the bargaining unit member, he or she has the right to be
represented by counsel or any other representative of his or her choice, who shall be present at all
titres during the interrogation whenever the interrogation relates to the officer's continued fitness
for law enforcement service,
L. When an attorney or bargaining unit member representative is requested,
the bargaining unit member shall be given a reasonable period of time to obtain representation.
When a bargaining unit member representative or counsel is present, he or she may advise the
bargaining unit member as to the bargaining unit member's rights under applicable rules,
regulations and the current Labor Agreement.
When a bargaining unit member is giving a statement as a witness, and during that
statement that said witness has become a principal of that investigation, the statement will be
discontinued and the bargaining unit member will be advised he may be a principal in said
investigation. The bargaining unit member will then be given the opportunity to suspend the
statement to seek F.O.P. or other legal representation.
Records retained by Internal Affairs shall be destroyed after a period of five (5)
years beyond either the bargaining unit member's termination date, retirement date or unless
otherwise direeld by state law.
779
For the City
Date: 5(7 / 0-(r
ARTICLE 9
LINE OF DUTY INJURIES
9.1 The City agrees to pay all medical and hospitalization expenses as provided by
Florida Statute approved by the City and incurred by a bargaining unit member covered by this
Agreement who is found to have sustained a compensable feline -of -duty injury provided the
bargaining unit member and/or supervisor gives notice to Risk Management, or Third Party
Administrator as provided for by the Workers' Compensation Laws of the State of Florida. If the
bargaining unit member fails to provide the required notice, he/she will waive any supplemental
benefits over and above what is provided for by the workers' compensation laws, However, the
parties agree to establish a Police Labor/Management Committee to establish policies and to
determine how to provide medical treatment and equipment, etc, medically equivalent to that
prescribed, by the most efficient and cost effective means to curtail excessive medical costs for
accepted claims in the following areas:
Health Club and Country Club memberships
Capital improverents on the home
Transportation
Medical equipment for home use
The Police Management Committee shall consist of one member appointed by the
FOP President, one member appointed by the Chief of Police, and one member selected by these
two individuals, An individual appointed by the Director of Risk Management will serve as a
technical advisor and liaison with the medical community,
Any additional medical and hospitalization requested outside the provisions of
Chapter 440, Florida Statutes, will be considered on a case -by -case basis at the sole discretion of
the City. The decision to provide additional benefits will be based on: 1) whether the treatment is
deemed reasonable and medically necessary by a peer review physician of the City's choosing; 2)
whether there is unrefuted evidence that shows the same or equivalent treatment cannot be
provided by a health care provider at Florida's Medical and Surgical fee schedule within fifty (50)
miles of the claimant's residence.
9.2 Effective as soon as administratively feasible after ratification, the parties agree the
City will pay the state mandated workers' compensation indemnity payments to eligible bargaining
unit members as a check separate from any other salary to which a bargaining unit member may
be entitled, The bargaining unit member agrees to sign this workers' compensation check back to
the City. The City will also issue a second check to the bargaining unit member which will consist
of an amount equal to the workers' compensation payment and the supplementary salary as set out,
and subject to the limitations below. After those deductions with mandated preference under
federal law, the City agrees to take deductions and/or credits from this second paycheck in the
following order: workers' compensation (will be indicated on the check as a credit for the City and
will be non-taxable), pension, health insurance, and any other deductions. The parties agree that
this process is intended to provide the bargaining unit member with these paychecks without
interruptions.
Should the bargaining unit member refuse to return the workers' compensation
check to the City, the City shall cease making any deductions for the bargaining unit member from
the second check for pension, health insurance, etc. and the bargaining unit member shall then be
completely responsible for making those payments on his/her own, until the bargaining unit
member elects to participate in the paycheck system described above in Section 9.1.
9.3 Workers' Compensation Indemnity Benefits
The City agrees that any bargaining unit member covered under this contract who
is disabled as a result of an accident, injury or illness incurred in the line of duty shall be granted
workers' compensation indemnity benefits, subject to the following conditions,
To the extent required by and subject to the limitations specified in Chapter 440 of
the Florida Statutes, the City shall provide workers' compensation indemnity benefits to injured
employees.
9.4 Supplemental Salary
The City agrees that any bargaining unit member covered under this contract who
is disabled as a result of an accident, injury or illness incurred in the line of duty shall be granted
supplementary salary, subject to the following conditions:
Supplementary salary will be paid in the form of a continuation of the bargaining
unit member's regular paycheck, as provided by Resolution No. 39802, This check will include
those indemnity payments provided for under Workers' Compensation Law. It is agreed by the
parties that the combination of supplemental and worker's compensation pay shall not exceed nor
be less than one hundred percent (100%) of the bargaining unit member's weekly net base pay
(excluding overtime and any pay supplements not included in the bargaining unit member's base
salary) prior. to the line of duty injury, accident, or occupational disease.
Supplementary salary shall only be granted for a period of one hundred and fifty
(150) consecutive days from the date of injury. Said supplementary salary may be extended up to
an additional sixty (60) consecutive days for serious injuries upon approval of the City Manager
or his/her designee. The one hundred fifty (150) days begin when the bargaining unit member is
actually placed on "D". While the bargaining unit member is on "D", such time will be calculated
consecutively including days off. If the bargaining unit member is removed from "D", the non "D"
time will not apply to the one hundred fifty (150) day period.
If a bargaining unit member remains temporarily disabled beyond the period of time
in which he/she is entitled to collect the 100% supplementary pay benefits, he/she shall be entitled
to supplementary pay equal to the 2/3 "D" payments pursuant to current practice.
9.5 If a bargaining unit member. becomes Permanently and Totality Disabled (PTD),
as determined by a City approved attending physician, from the fitrther performance of the duties
of his/her classified position then at the end of one hundred four (104) weeks of disability, he/she
is considered to have reached statutory maximum medical improvement and is required to petition
the retirement board for retirement, otherwise he/she must:
Request for a ninety (90) day unpaid leave of absence under the Family
Medical Leave Act (FMLA);
Apply for another City position;
Resign;
Be dismissed by Department Action
The supplementary salary of the difference of 2/3 "D" as described above shall
continue until the F.I.P.0. board concludes the hearing with a final determination. For purposes of
this article, in the event of a mental impairment shall be deemed disabled if permanently 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
retirement, the bargaining unit member will remain on their current status until the retirement
board has finally granted or denied the retirement.
If during the time of up to one hundred four (104) weeks of disability, it is
determined by the City or the bargaining unit member's City approved attending physician that the
member is not PTD nor fill duty with reasonable accommodations, the bargaining unit member
may request to be allowed to work on a temporary basis. The request shall be made in writing and
directed to the City Manager or designee. Granting this request is based upon the medical
restrictions placed by his/her City approved attending physician and available assignments,
The Department at its discretion may maintain up to a total of twenty (20)
temporary non -binding assignments for the sole purpose of mitigating an undue hardship on the
bargaining unit member injured in the line of duty, These temporary positions will be filled by
members, according to sworn classification, on a first -in first -out basis upon completion of FIPO's
Final Determination Hearing, Once the 20 positions are filled, the next bargaining unit member to
be classified in this status in the respective category will bump out the bargaining unit member
who has been occupying the position the longest. A bargaining unit member who is "bumped" out
must:
Request for a ninety (90) day unpaid leave of absence under the FMLA;
Apply for another City position;
Resign;
Be dismissed by Departmental action
A granted FMLA request will postpone any further action for the period taken up
to its statutory limitation.
Any bargaining unit member placed on "Limited Duty" status prior to January 1,
2007 and presently working in assignment shall be allowed to remain working in a limited duty
capacity until the bargaining unit member's employment terminates or the bargaining unit member
retires. However, if at any time the bargaining unit member returns to a disabled status, he/she will
not be permitted to return to a limited duty status. He/she may only be allowed to return to work
if full duty.
Upon assuming a disabled status, the bargaining unit member may continue
receiving benefits as stated in the above paragraph until the time limitations and or permitted
benefits have been exhausted. Afterwards, the member must:
Request for a ninety (90) day unpaid leave of absence under the FMLA;
Apply for another City position;
Resign;
Be dismissed by Departmental action
A granted FMLA request will postpone any further action for the period taken up
to its statutory limitation.
Bargaining unit members that have been grandfathered are not considered part of
the twenty (20) temporary positions described above,
9.6 At any time during his/her absence from duty claimed to be the result of a line of
duty injury while the bargaining unit member is collecting City supplementary pay, the bargaining
unit member shall be required, upon the request of the City Manager, or his/her designee, to submit
to a physical examination by a physician designated by the City Manager within fifteen days of
the request. If such bargaining unit member, without cause, as determined by the City Manager,
shall fail to submit to the examination at the time specified, all City supplementary salary benefits
will he terminated,
9.7 Deductions on Workers' Compensation Payments Plus Supplementary Salary
In the event the line of duty injury entitles the bargaining unit member to a workers'
compensation benefit and a supplementary benefit, the bargaining unit member shall authorize the
City to combine the two (2) payments and additionally authorize that the City continue to make
regular payroll deductions as follows:
1. First Level: Federal and State mandated deductions (for example,
Medicare, social security, withholding, and child support or garnishments).
2. Second Level: Pension contributions (the amount of the pension
contribution shall be based on earnable compensation as defined by Miami Code Section 40-191),
medical and life insurance contributions.
3. Third Level: A weekly amount of eighty eight dollars and ninety
five cents ($88.95) (one hundred and seventy seven dollars and ninety cents ($177.90) bi-weekly)
deducted from supplementary salary while on workers' compensation. Should the bargaining unit
member receive supplementary and workers' compensation pay for less than a week, the eighty
eight dollars and ninety five cents ($88.95) weekly deduction shall be prorated as appropriate for
the days the bargaining unit member was on workers' compensation.
4. All others voluntary deductions: The City is not obligated to make
deductions to pay for providers or creditors if the workers' compensation benefits plus the
supplementary salary does not cover the amount of the deduction. Any and all deductions after
Level #1 will be made on the bargaining unit mernber's behalf to the extent that sufficient funds
are available. If there are not sufficient funds available, the bargaining unit member will be
responsible for making those payments directly to those providers and creditors who would have
otherwise been paid through the payroll deduction process.
5. Without written consent for those deductions outlined above, the City will
not make any regular salary deductions other than those mandated by law and the bargaining unit
member will be responsible for all regular deductions including but not limited to pension
contributions, medical and life insurance benefits.
No supplementary salary will be paid to anyone injured while performing an act
intended to injure or hurt one's self or another.
9.8 The parties agree that where a bargaining unit member resides outside the
jurisdictional limits of the City of Miami and the said bargaining unit member is injured going to
or coming from work within a reasonable period of time from the commencement or termination
of his/her tour of duty on a reasonably direct route of travel, said accident may be considered as
occurring in the line of duty. This provision is not applicable if the bargaining unit member is
charged with driving under the influence in violation of the provisions of Chapter 316 of the
Florida Statutes entit ed "State Uniform Traffic Control."
For the City
Date:
1151120523 vl
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 terrns 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 Departn t of Human Resources, Division of Labor Relations during normal working hours.
For the City For the Union
Date:
CITY/FOP 6/29/03
29
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 website currently is www.fopmiami.com. The link 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. 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 n iibject to the grievance procedure.
For the City
Date:
CITY/FOP 6/29/03
30
For he Union
Article 12
DEPARTMENT DISCIPLINARY REVIEW BOARD
12.1 It is the purpose of the Departmental Disciplinary Review Board ("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
ary Revi
The Board is responsible for making 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
Board or the D
Chairperson. Any decisions by the De
established by the
Bargaining Agreement. The
adjudicators or quasi-judicial powers. As such, its hearings are non-adversaryial in naturei and
will consist of a presentation by the Department and the bargaining<unit member or representative.
No testimony shall be given, nor shall there be any cross examination at a hearing. Only Board
members may ask questions to the Department and/or the employee representative during the
hearing. If the employee represents him/herself, the Board members may ask questions to the
employee directly. tThe, bargaining unit member appears before the Board voluntarily at his/her
is entitled to representation g
Board's
ar-y--Review Board or any policies
Board are not arbitrable under this Collective
request, and inin
member of his/her choice
e�/'i,i d foc{uiiv.� F
may be represented by a
Board does not possess
. A bargaining unit member
m ,
representative of his/her choice but may not be represented
by an attorney before the Board, even if the attorney is also a bargaining unit member. All -Oily
sworn bargaining unit members who have been served with a notification of sus pension demotion
or dismissal are entitled to a hearing before the Board., nal determination of a
nivnetury-zi�ac;�" effeiccY'r�oi tiiixc. cca &ar stiv..ns-i ,.., in ex-c.ess of two (2)4eni s of duty, demotion OF
di i i sa' ; +al A bargaining unit member wh.o wishes to have a hearing before the Board must
submit a request in writing upon within ten (10)
working days of the recei t of a disci linar action. The Board shall consist of , be afforded a
reN ie v 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. Board members must be current City sworn
employees in good standing
4-24 eGult in a suspension, demotion or dismissal loss of time
working
receipt of the Chairpc
fen (1-0) w ,,,-king day
Board Hearing.
action. Upon
€ ..+ b ,re et_e e -C'e� spenvatory leave followed by Vacation leave.
member shbe-oz t+ a° ding terrain .tion.
Aso-1i^ny :s eci-cuo �'.ea:c,,.�b c
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 1-50 60 calendar days, unless in the sole discretion of management a further continuance of
the Department Disciplinary Review Board would be approved.
12.5 Administrative actions taken that result in the bargaining unit member being carried "W"
or "WW" shall not be subject to the review of the Department Disciplinary Review Board.
12.6 Bargaining unit members and the Department may not call witnesses before the Board.
12.7 Bargaining unit members who are facing a 20-hour or more suspension, demotion or
dismissal may further opt to have a pre -disciplinary meeting with the Police Chief to discuss
his/her discipline prior to the discipline being issued. The pre -disciplinary meeting must be
requested within 10 days of receipt of notice of discipline..A bargaining unit member may elect to
have a pre -disciplinary meeting in lieu of a hearing before the Board, but may not elect both. An
election of either a pre -disciplinary meeting or a hearing before the Board shall act as an exclusive
election and cannot be changed or altered once the bargaining unit member elects one. A
bargaining unit member may be represented by a representative of his/her choice but may not be
renre$entcd b
mcctin
an attontc ' at the_prc-Chsct )llnarmeetin'
by an ' )art
the hearin or at an future lc_al administrative and/or :ricvance ,rocecdiA bar
v mectin understands and a reel that he/she ma
member electing. a pre -disci >>_li►,,at
.uestions about the )ending disci litre at such meetin
res oases to such • uestions are confidential. The Parties a°ree that an a
a re -disci ling meetin do not establish a ast ractice or revailin
utilized b the Parties in a future roceedin2 exce t for the u oses of establishin
disci .line laainst the ern ' to ee s
For the C►
Date:
the a reement
For the nion
Anythi►t' said at the pre -disciplinary
is confidential and cannot be discussed or disclosed with an one outside of
aininry unit
be asked
but that the em to ce's answers or
reements entered during
benefit and cannot be
roareSSiVe
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 ofie-four (34) hours at one and one-half times his/her straight time hourly rate
or an equivalent amount of scheduled compensatory time off.
13.3 A bargaining unit member performing work or required to attend court or any other
proceeding arising out of the course of his/her official duties at a time which is continuous with
his scheduled work shift shall be paid at his/her overtime rate consistent with Article 15,
Overtime/Compensatory Time, and the minimum three four (34) hours Recall shall not apply.
13.4 A bargaining unit member eligible for overtone, attending court or other
proceedings arising out of the course of their official duties one (I) hour or less before the start of
their scheduled tour of duty shall receive one (1) hour of overtime.
13.5 A bargaining unit member eligible for overtime for attending court or other
proceedings arising out of the course of their official duties one (1) hour or less after the end of
their scheduled tour of duty shall be paid at their overtime rate, consistent with Article 15 -
Overturie/Compensatory Time for the time period starting from the end of the bargaining unit
member's work shift to the end of court or any other proceeding arising out of the course of his/her
official duties proceeding or for one (1) hour, whichever is greater.
13.6 A bargaining unit member who is required to attend court or any other official
proceeding arising out of the course of his/her official duties for a period which is greater than one
(1) hour and less than or equal to Three-four (43) hours and one minute after the scheduled end of
his/her tour of duty, shall be paid at his overtime rate pursuant. to Article 15,
Overtime/Compensatory Time, for either the t s-ee-four (44) hour minimum or for the ❑umber of
hours elapsed from the scheduled end of his/her tour of duty to the end of the court proceedings,
whichever is greater.
13.7 Bargaining unit members who are on authorized disability or sick leave, and are
obligated to have a» ysician prior to reporting for work, shall not receive call -in or overtime pay.
For the City
Date:
#51124709 vl
Article 14
TRANSFERS
14.1 It shall be the sole right of the Chief of Police to transfer bargaining unit
members, in specialized units. . The reason for transfer must
be provided to the member by the superior officer initiating the transfer. Bargaining
unit members shall be notified six (6) calendar days prior to transfer, except when, the
nature of a particular situation requires an immediate but temporary reassignment, or
an employee returns to work on a limited/light duty status and the bargaining unit
member's physical limitations preclude the bargaining unit member from being
assigned to his/her previous assignment. The six (6) days' notice shall be waived upon
consent of the bargaining unit member,
14.2 A transfer means a change for more than five (5) consecutive working days,
a change in hours, or a change in days off. Specifically excluded from the six (6) day
notification requirement are temporary changes of hours or days oft' necessitated by
special events (except for the special events of Calle Ocho, Three King's Parade,
Martin Luther King's Parade, Art Basel/Week 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 (6) day^' aet4ee sh^" be waived upon
consent of th .
14.3 If a transfer under this Article is part of a disciplinary action, the member
a
For the
Date:
eal the -ansfer as a art.of the discipline th,rbuit the disciplinary process.
ity
VV.Y
r fhe Union
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 in excess of a bargaining unit member's normal work week, and shall be
considered overtime work.
15.2 Bargaining unit members performing compensable overtime work shall, at their
discretion, be paid time and one-half (11/2) at their straight time hourly rate of pay or shall be given
compensatory time at the rate of time and one-half (1 %) for such work. This overtime rate shall
be all-inclusive and no additional compensation in the form of additional holiday pay, etc., shall
be paid.
15.3 The parties agree that the daily overtime requirements as set forth in this contract shall
not apply in any future FLSA litigation concerning a Matter for which daily overtime is not
currently paid or for off -duty maintenance of any take home equipment used in the scope of
employment. Practices instituted by management are not subject to the foregoing sentence.
15.4 The maximum accumulation of compensatory time hours is twe-three hundred (200300).
Any hours in excess of two three hundred (90300) will be paid out at current hourly rate.
Bargaining unit members are encouraged to request compensatory leave far in advance as possible.
Request for compensatory time must be made ten (10) days prior to the requested day(s). A
maximum of forty (40) compensatory time hours per month shall be authorized to be utilized when
minimum staffing cannot be maintained as determined by the Chief of Police or designee. A
maximum of ten (10) compensatory time hours shall be authorized to be utilized on Friday,
Saturday, or Sunday when minimum staffing cannot be maintained as determined by the Chief of
Police or designee. Cothperrsat
eonjuric tiofl
-icd by the Chief of Police or
designee. If a request is made within twenty-four (24) hours, the request for approval will rest with
the commanding officer. When minimum staffing cannot be maintained as determined by the Chief
of Police or designee, then compensatory time shall not be utilized during the holidays listed in
Article 20 — Holidays. For the purposes of this article, a "major deployment of personnel" shall be
defined as a planned or unplanned event or incident requiring the services of 50 or More bargaining
unit members, to include bargaining unit members assigned to extra- duty assignments associated
with that larger special event. Requests submitted within ten (10) days prior to the requested day(s),
may be granted at the sole discretion of management pursuant to minimum staffing. When a
bargaining unit member takes compensatory time off, the hours in his bank shall be appropriately
reduced by such time off. If a bargaining unit member leaves the service of the City and cashes in
his bank, the hours therein shall be valuated on the basis of the rate of pay earned by the bargaining
unit member during the last pay period.
15,5 Inthee
ore overtime sh, y
15.6 5 The parties agree that a maximum of two hundred (200) total overtime hours will
be used in the com utation of arrivin at avera e earnin for ur oses of establishiil erasion
benefits. but additional overtime hours shall not be used in the computation of arriving at average
earnings for purposes of establishing pension benefits.
15.7 b
of Police.
15.8 7
The parties agree that assignments of overtime work shall rest solely with the Chief
The parties agree that the assignment of overtone work is on an involuntary basis
and any bargaining unit member refusing assignment of such work is subject to disciplinary action
as deeredfappropriate by the Chief of Police.
For the t ity
Date: N
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 necessary.
Fo the City For ta Union
Date: —{
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 tl ee•four P41)
hours.
17.2 Standby is defined as receiving instructions from authorized personnel to remain at
a specific location fn/ a stated period of time,
a .
For the Fto "City le Union
Date: q()----
t/
N511248O6 vl
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 April 1, 2024, the salary
scale attached to this Agreement as Appendix A shall go into effect. Effective the first full pay
period following October 1, 20244-, bargaining unit members will receive a three one percent
(14%) across the board increase to their base wages. Effective October 1, 20252, bargaining unit
members will receive a two -two percent (22%) across the board increase 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.
18.4 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
to attend the academy, shall be placed at following pay steps comInensruate with their years of
prior law enforcement experience:
0 — 2 years experience
2 -- 4 years experience
4 — 6 years experience
6 years or more experience
- Step 2
- Step 4
- Step 6
- Step
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.
l- 4I8,5 Upon retirement (all kinds, including vesting), bargaining unit members
shall receive a retroactive salary increase of five percent (5%) for the bargaining unit member's
last or highest one (1) year's salary.
The five percent (5%) salary increase shall be reflected in the hourly pay rate for
the purpose of calculating leave balance payoffs. The five percent (5%) salary increase shall not
be applicable to overtime.
1g18.6 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.
1.8.7 Former police bargaining unit members who left the employment of the City
of Miami Police Department under honorable conditions, as determined by the Chief of Police in
his/her sole discretion, and who were approved by the Chief of Police, shall be placed on a
reemployment list provided the former bargaining unit member is a State certified police officer.
The reemployment list shall be considered separate from the eligibility list for new hires.
Those on the rehire list may be hired by the Chief of Police at his/her sole discretion,
as openings occur without regard to the eligibility list for new hires. In addition the following shall
apply:
A. Eligibility shall be limited to three (3) years following the effective date of
resignation.
B. Under conditions set forth above, any former permanent City of Miami
police officer who is reemployed, as a City of Miami police officer will be placed at a step in
accordance with Section 18.3.
C. Complete six (6) months of satisfactory performance in the F.T.O, program,
which includes four (4) months riding with a field training officer and two (2) months riding solo,
and further complete six (6) months in full -duty status with satisfactory performance. The period
of probationary service for such employees shall be determined by the Chief of Police in his/her
sole discretion, but shall not be less than twelve (12) months nor more than eighteen (18) months,
unless extended by the department.
1-8,718.8 Effective the first full pay period following October 1, 2021, bargaining unit
members currently and actively working (not relieved of duty for any reason) in the below listed
assignments, shall receive a five percent (5%) pay supplement (to be prorated and paid on a bi-
weeldy basis) on their base rate of pay. Captains of the below listed assignments are not eligible
for this pay supplement.
A, Neighborhood Resource Officer
B. Mounted Unit/Motors/K-9
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 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) Not less than fifteen (15) consecutive years of service as a sworn
police officer or sergeant in the department.
(b) Currently assigned, and no less than previous two (2) consecutive
years assigned as a police officer (investigator) or sergeant (investigator).
(c) No evaluation below satisfactory.
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),
Promoted,
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 red -line memorandum submitted through channels to 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 P.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, 2021, 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, 2021, 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 bi-weekly basis) on their base rate of pay.
i 8.9 Bargaining unit members active in the below listed assignments shall
receive a pay supplement as indicated:
A. Certified Instructors (CITS) assigned to MPD Training Unit-- two and one
half percent (2.5%).
B. Crisis Intervention Teams - two and one half percent (2.5%).
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. Bargaining unit members active in the assignment of Bicycle Response
Team will receive a five percent (5%) pay supplement (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 Drug 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 Officers" and "Senior Uniform Patrol Sergeants" will
receive a three (3%) pay supplement on their base rate of pay. The annualized pay supplement will
only be paid to bargaining unit members assigned to non -administrative positions, excluding front
desk officers.
1. Qualifications
a) Senior Uniform Patrol Officer
(a) Not less than fifteen (15) consecutive years of service
as a sworn police officer in the department.
(b) Currently assigned. and no less than previous two (2)
consecutive years assigned to the Field Operations
Division.
(c)
No evaluations below satisfactory.
(d) No sustained IA investigations with a reprimand as
discipline within the past two (2) years.
b) Senior Uniform Patrol Sergeant
(a)
Not less than fifteen (15) consecutive years of service
in the department.
(b) Currently at rank of Sergeant and no less than
two(2)previous years as a Sergeant.
(c) Currently assigned, and no less than previous two (2)
consecutive years assigned to uniform NET as a Sergeant.
(d) No evaluations below satisfactory.
(e) No sustained IA investations with a reprimand as
discipline within the past two (2) years.
2. Under the below listed circumstances, bargaining unit members
receiving "Senior Uniform Patrol Officers" or "Senior Uniform Patrol Sergeant" pay shall forfeit
such pay when:
a) Transferred out of uniform NET.
b) Promoted.
(c) Relieved of duty or administratively reassigned (temporary
loss during period)
3. Application for "Senior Uniform Patrol Officer" or "Senior Uniform
Patrol Sergeant" pay shall be the responsibility of the bargaining unit member and shall be made
via red line memorandum submitted through channels to the chairperson of the "Senior Uniform
Patrol Officer" committee.
4. "Senior Uniform Patrol Officer" and "Senior Uniform Patrol
Sergeant" pay committee.
a) The "Senior Uniform Patrol Officer" and "Senior Uniform
Patrol Sergeant" pay committee shall be comprised of one F.O.P.
representative, one Department representative, and one
representative chosen by the first two (2) members, The committee's
function will be to review applications for recommendations of
approval or denial to the Chief of Police for final approval. The
committee shall also review appeals and disputes arising out of the
granting or forfeiting "Senior Uniform Patrol Officer" or "Senior
Uniform Patrol Sergeant" pays. The committee shall establish its
own rules and procedures.
G. Bargaining unit members active in the assignment of Trainer in the
following units: K-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.
H. Effective the first full a 3eriod followin October 12023 bat ainin unit
members who hold the classification of Tactical Robbery Unit/Felony Apprehension
Team/Domestic VViolence Apprehension Team shall receive five (5%) pay incentive.
1. Effective the first full pay period following October 1 2023 bar ainin unit
members who hold the classification of Police Captain and are not relieved of duty or
administratively reassigned, are on non -probationary status, and have at least twenty (20) years of
service shall receive six 6% a incentive to be rorated and aid on a bi-weekl basis on their
base rate of pay, provided such pay shall not be included in calculating a bargaining unit member's
average earnings for pension purposes.
18.10 Bargaining unit members active in the below listed assignments shall
receive a two and a half percent (2,5%) pay incentive (to be prorated and paid on a bi-weekly
basis) on their base rate of pay:
A. SHIELD Unit
B. Crisis Intervention Teams - The City shall activate one hundred and forty-eight
(148) Crisis Intervention Team officers assigned to the Patrol Section.
C. Honor Guard Detail
D. Trainer in the following units/specialty: K-9, SWAT, Bicycle Response Team,
Motors, Field Force, Mounted, Underwater Recovery Diver, Criminal
Investigations Division
18.11 Under no circumstances may a bargaining unit member's combined total
pay supplements under this Article exceed twelve and a half percent (12.5%) of their base rate of
pay.
18.1018.12 All active sworn bargaining unit members shall receive Crime Prevention
pay in the form of an annualized $2,700 pay supplement (to be prorated and paid on a bi-weekly
basis). Crime Prevention pay shall be subject to pension deductions and applicable federal taxes
and shall be included in calculating a bargaining unit member's average earnings for pension
purposes.
All hours of leave of absence without pay shall be deducted from the Crime
Prevention payment on the basis of one hour deduction for each hour of leave of absence.
18.1118.13 Any bargaining unit member, upon normal retirement from City service, or
separating under honorable conditions, as determined by the Chief of Police in his/her sole
discretion, who has served for a period of twenty-five (25) years or more, shall be granted, at the
time of his/her normal retirement or honorable separation one hundred seventy-three and three
tenths (173.3) hours of pay, provided such pay shall not be included in calculating a bargaining
unit member's average earnings for pension purposes.
18.1218.14 Any pay supplements received shall be calculated on the bargaining unit
member's base rate of pay. Pay supplements shall not be included in bargaining unit member's base
rate of pay for purposes of calculation of overtime or for purposes of pay off of Sick Leave or
Vacation upon separation or retirement from the City, but shall be included in calculating a
bargaining unit member's average earnings for pension purposes. Should a bargaining unit member
cease to be eligible for a pay supplement but continues to receive the pay supplement, said pay
supplement shall be recovered by the City through biweekly pay deductions from the bargaining
unit member's paycheck. Such biweekly deductions will be deducted at the same rate or amount
as the bargaining unit member was overpaid. If the bargaining unit member ceases to be an
employee of the City, any balance due will be deducted from any monies due the bargaining unit
member, including retirement benefits, or at the City's option collected in any other legal manner.
18.1-318.1.5 Effective the first full pay period following October 1, 20234-, 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 bi-weekly 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.m.) will not be entitled to shift differential pay.
Shift differential shall not apply to pay for time not worked.
Shift differential shall not be used in calculating a bargaining unit member's average
earrings for pension purposes.
1.8. 1 4 18.1 6 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.
18.1518.17 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.
1.8.1618.18 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 bi-
weekly basis) upon successful completion of probation, regardless when his/her probation is
completed:
a. Associate in Arts Degree- $800
b. Bachelor's Degree- $3,600
c. Master's Degree- $5,400
d. Juris Doctor, Ph.D., or Ed.D. $7,200
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.
-1-8;1-718.19 Any pay supplement, additive or extra pay that is paid because of a
bargaining unit member possessing a particular certification, appointment, assignment, etc., shall
cease to be paid effective the date the bargaining unit member no longer possess the certification,
appointment, assignment, etc.
18.1818.20 Upon promotion, each bargaining unit member will receive a salary
increase of 10%. Upon successful completion of the promotional probationary period in the higher
classification, the promoted bargaining unit member shall receive an additional 5% as to be
executed within the City's pay structure.
18.21 Effective October 1, 2023, Aall bargaining unit members in good standing (not
relieved of duty for any reason) shall receive longevity -anniversary incentive pay of twe-five
percent (25%) on the member's fifteen (15) year anniversary, and two five percent ((-5%) on the
member's twenty (20) year anniversary, five percent (5%) on the member's twenty-five (25) year
anniversary, and five percent (5%) on the rnetnber's thirty (30) year anniversary. The anniversary
incentive pay at years 15 and 20 shall be included in pension calculations of earnings. The
anniversatincentive pay at years 25 and 30 shall not be included in pension calculations of
For the City
_3((
Date
For nion
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 spe ( cally1provided for in this Collective Bargaining Agreement.
neon
51
ARTICLE 20
HOLIDAYS
20.1 The following days shall be considered holidays:
New Year's Day Columbus Day/Indigenous People's Day
Presidents' Birthday Veterans' Day
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 hours
unit mcmber's regularly scheduled daily worked during shift, whichever is greater) time and one-
half (1 %) of their straight time hourly rate or shall be given scheduled compensatory time at the
rate of time and half (11) but such pay for a holiday worked shall not be paid in addition to
overtime pay.
20.4 All conditions and qualifications outlined in Article 15, titled
"Overtime/Compensatory Time," shall apply to this Article. Hours of earned time accumulated
under this Article, when added to the compensatory time earned under the Article titled
"Overtime/Compensatory Time," shall not exceed two three hundred (200300). Those bargaining
unit members who are assigned to administrative positions shall observe holidays on the same
dates as the civilian employees of the City.
Date:
2/2ps--/
For the City
Date:
3 7/D
ARTICLE 21
BLANK PAGE (RESERVED)
ARTICLE 22
UNIFORM/CLOTHING ALLOWANCE/CELLULAR PHONE ALLOWANCE
22.1 Upon ratification of the labor agreement by both parties, commencing the first year
of service, bargaining unit members shall receive a uniform allotment of four (4) uniform trousers,
six (6) uniform shirts, and one (1) uniform hat for their first two (2) years, and one allotment of
shoes, leather, and web gear for the first year. Thereafter, every other year, they shall receive an
allotment of $6500.00 for needed uniform items purchased from the City's authorized dealer, In
the selection of leather accessories and/or uniforms, the bargaining unit member will not be entitled
to a credit or refund should such selection not equal the dollar amount specified above.
22.2 All sworn bargaining unit members, depending on assignment or exhibited need as
determined by the Chief of Police or designee, shall be furnished one (1) set of Class C uniforms,
one (1) set of rainwear, one (1) helmet, and one (1) winter jacket, which shall be replaced as
needed. Upon request by a bargaining unit member one (1) bulletproof vest shall be initially
provided. A replacement bulletproof vest shalt be provided upon request by a bargaining unit
member upon reaching manufacturer's expiration date or through such police related actions that
makes the vest no longer safe for use as determined by the Chief of Police or designee. The
bargaining unit member is responsible for requesting the initial issuance -and any replacement.
22.3 On a year when a bargaining unit member is not entitled to any uniform allotment,
he/she may request up to four (4) uniform trousers, six (6) uniform shirts, and one (1) uniform hat
for replacement of damaged uniform as determined by the Chief of Police or designee, however,
such replacement shall require the requesting party to turn in the uniform he/she is requesting to
be replaced.
22.4 All bargaining unit members shall receive reimbursement of up to $800.00 for the
purchase of an approved bulletproof vest. Such purchased vest shall follow the Department's
guidelines. Bargaining unit members who separate from employment under honorable conditions
with ten (10) years of service shall be awarded his/her vest upon request.
22.5 As determined by the Chief of Police or designee, bargaining unit members shall
reimburse the City for the repair or current replacement cost of lost, stolen, or damaged City
equipment when the bargaining unit member's careless and/or negligent act(s) resulted in the loss,
theft, or damage. A city issued vehicle damaged by a bargaining unit member will follow the Police
Department Orders regarding City issued vehicle accidents. In any grievance of an action taken
under this section, the City shall bear the burden of proof.
22.6 Bargaining unit members who, due to the nature of their assignments and/or job
functions, are not required, in the sole opinion of the Chief of Police to wear a uniform hereafter
"non -uniformed bargaining unit members" shall be entitled to a clothing allowance. Bargaining
unit members assigned to administrative or non -operational assignments in which the department
provides uniform or alternative clothing shall not be entitled to a clothing allowance. All uniformed
and non -uniformed assignments will be determined solely by the Chief of Police. Authorized non -
uniformed bargaining unit members shall receive a clothing allowance of seventy-five dollars
($75) per pay period. Authorized non -uniformed bargaining unit members who are absent without
pay, on military leave, and/or on disability leave, shall receive no clothing allowance payments
during the periods of absence.
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 transfer& exceeds thirty (30) consecutive
working days. Bargaining unit members authorized to receive a clothing allowance as specified in
this section nay select, after their third (3rd) allotment of clothing as provided in Section 22.1 and
thereafter, one (1) shirt and one (1) trouser or a combination of uniforms and leather accessories
from a list provided by the department, not to exceed sixty fiveninety dollars ($6590). Such
selection shall be in lieu of the normal uniform allotment the bargaining unit member would
otherwise receive as provided in Section 22.2 following his/her third year of employment.
Replacement of these uniform articles shall occur as specified in Section 22.3.
22.8 Bargaining unit members who were not provided a City cellular phone and/or
required to use cellular phones during employment, as determined by the Chief of Police or
designee, shall receive a cellular phone allowance of seventy five dollars ($75) per month. Each
bargaining unit member receiving a cellular phone allowance is required to purchase a cellular
phone at their own expense. Bargaining unit members required to use cellular phones during the
course of and as part of their employment must be accessible at all times by such phones and such
phones must include voicemail. Upon request of the Chief of Police or designee, employees will
be required to provide proof of payment of their cellular phone bills, Section 22.8 is in effect until
the departn2e issues cell phones.
For the City
Date:
Iithe Union
J
ARTICLE 23
PREVAILING BENEFITS
23.1 All job benefits in effect at the time of the execution of this Agreement heretofore
authorized by the City Manager or benefits provided for by ordinance of the City Commission, not
specifically provided for or abridged by this Agreement, shall remain in full force and effect for
the duration of this Agreement. Nothing in this Article is intended to change any local, state or
federal laws, ordinances or regulations.
23.2 The City and the F.O.P. will meet at the request of either party to negotiate any
proposed changes in those rights and benefits not specifically covered by this Agreement, provided
however no changes shall be made except where a waiver exists or where the change is negotiated
in accordanp( it Chapter 447, Florida Statutes.
For the City
Date:
//4
CITY/FOP 6/29/03
59
or the Union
'ARTICLE 24
GROUP INSURANCE
24.1 The City agrees to pay six dollars and ninety-two cents ($6,92) per pay period
toward the cost of life insurance and accidental death and dismemberment coverage as currently
enjoyed by bargaining unit members. Life insurance and accidental death and disin nberment
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 vests shall be determined on an annual basis by sound accounting practices and
projections from a firm engaged by the F.O,P. Trust, The City reserves the right to conduct its own
Actuarial and plan review to evaluate plan management and to verify the projections submitted by
the F:O.P. Health Trust at no cost to the plan. Upon request, the F.O.P. Health Trust agrees to
provide the City's designee and/or benefit consultants with all pertinent plan projections, plan
design, and vendor arrangements. tf there are any discrepancies between the findings of the City
and the plan's management and projections of the Trust's Actuary which cannot be resolved, a
mutually agreeable third party Actuary shall review the findings from both parties and render a
decision. The decision of the third party Actuary shall ba final and binding with regard to the
determination. The third party Actuary will be a member of the Academy of Actuaries with the
designation of Member of the Academy of Actuaries Association (MAAA) or a fellow of the
Academy of Actuaries Association (FAAA). The Cast of the third party will be shown as a cost to
the F.O.P. Health Trust and the City will pay sixty live percent (65%) as pars of the total plan costs
and the F.O.P. Health Trust shall pay 35%. To the extent there is an impact on the Trost due to the
CITYIFUP 6/2s!o3
60
"Government Accounting Standards 13oard ("GASH") issued Statement No. 45, such impact will
be excluded from the funding calculations for total plan cost as stated in the collection bargaining
agreement.
The City reserves the right to request monthly claims reports for monitoring
purposes and to conduct a projection analysis and plan review should the F.O.P. Health Trust fund
drop below three million dollars ($3.,000,000) at any time during the plan year in determining
contribution adjustments. 1'la.n adjustments will be made no more than once a year and
implemented at the beginning of each calendar year.
Based on the agreed projected total plan costs, the City shall contribute sixty five
percent (65%) paid in equal hi -weekly amounts during the Plan year.
The F.Q.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 litnited to meetings with regard to plan design, plan costs, utilization,
experienec, and plan projection for upcoming plan years, and legal discussions pertaining to the
F.O.P. Health Trust that do not involve; tho City of Miami. The appointed representative will sign
a confidentiality agreement and follow the plan's rules and guidelines. H1PAA 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 1f the total F.O.P. Health Trust fund drops below three million ($3,000,000.00) river
the combined twelve (12) months of each of the Funds' Fiscal Years, then the City agrees to
reinmburae the F.O.P. Health Trust for the difference bringing the F.O.P. Health Trust fund balance
up to the three million ($3,000,000.00) level, Should a reimbursement be necessary, the City shall
pay the difference to the F.O.P. Health Trust within thirty (30) days of receiving notice of the
CITY/FOP i129/03
61
specified Fiscal Year based on the Funds' financial statement and confirmed by the yearly audit
and adjusted accordingly:
For each Fiscal Plan Year, any claims older than three and one-half (3 1/2) months
shall not be charged as a debit to bring the total of the fund below the three million ($3,000,000.00)
level. Delays in submitting claims caused by the review process and the ordinary course of
processing claims shall not be subject to the three and one-half (3 1/2) month period,
Should the Fund level exceed six million ($6,O00,000.00) doliars at the end of each
Frond 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. shall maintain itS oWn group health, life, and accidental death and
dismemberment insttranec plan, All current, future, and retired sworn police bargaining unit
members shall be eligible to participate in the F,O,P.'s plan, but shall forfeit the right to participate
in the City's plan.
24.5 Upon request, the F.O.P. and its insurance plan adtninistrator° shall perrnit the City
to review any records related to the F.O.P,'s health insurance plan-
24.6 The F.O.P, shall indemnify, and hold the City harmless, against any claim, demand,
snit, or liability and for all legal costs arising in relation to the implementation or administration
cif the F.Q.P's health insurance plan.
24.7 The F.O,P, agrees to enroll sworn management personnel in its plan if those
individuals elect such coverage.
CITY/FOP 6/29/03
62
24,8 If there is a dissolution of the F,O.P, Health Trust, all plan participants under the
F.O.P. Health Trust will maintain the right to elect coverage under the City's current Health Benefit
Plan. Additionally, the final dissolution of the F,O,P. Health Trust and distribution of any assets
existing after all eligible claims are paid will be Mitde jointly and agreed to by the City of Miami
and the F.O.P. Health Trust Administration.
/14
F r tle t�ta
For the City
Date:
CITY/FOP 6/29/03
63
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 (5500.00) 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,
CITY/FOP 6/29/03
64
D. The revocation or suspension of dues deduction as certified by the duly
authorized Union representative or,
E. The decertification of the F.O.P. as the bargaining unit.
25.5 The Union shall indemnify and hold the City, its officers, officials, agents and
employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for
all legal costs arising from any acts or omissions of the City, its officials, agents and bargaining
unit members in complying with this Article. The F.O.P. shall promptly refund to the City any
funds received in accordance with this Article that are in excess of the amount of dues which the
City has agreed to deduct.
25.6 This Article applies only to the deduction of membership dues and shall not apply
to the collection of ajyJ fines, penalties, or special assessments.
For the City
Date:
CITY/FOP 6/29/03
65
FoA the Union
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. 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
member has been authorized to use the pool time. It is understood on rare occasions the seven (7)
day time limit may not be met. The President shall then forward a detailed explanation to the Chief
of Police as to why the seven (7) day rule wasn't met. Failure to file this properly completed pool
time usage form within seven (7) days or failure to file an explanation with the Chief of Police as
to why the seven (7) day time limit wasn't met, shall result in the bargaining unit member not being
paid for all such time requested. 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;
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 may be released from duty on pool time only if the needs of the service permit, as
64
deternrined 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 hours will be used on an hour for hour basis, regardless of the
hourly rate of the bargaining unit member using Time Pool hours. In reporting a bargaining unit
member's absence as a result of utilizing the Organization Time Pool, the daily attendance record
shall reflect:
"Officer Doe on FOP" (F.O.P. Time Pool)
26.5 Any injury received or any accident incurred by a bargaining unit member whose
time is being paid for by the F.O.P. Time Pool, or while engaged in activities paid for by the F.O.P.
Time Pool, except the F.O.P. President and two designees when on full-time release shall not be
considered a line -of -duty injury, nor shall such injury or accident be considered to have been
incurred in the course and scope of his/her employment by the City within the meaning of Chapter
440, Florida Statutes as amended, except for injuries sustained in Miami -Dade, Broward or
Monroe Counties while in the course of attempting to halt a felony in progress or apprehending a
fleeing felon.
26.6 Upon written request through channels, the F.O.P. President and the two (2)
designees will be released for the term of this Agreement from his or her regularly assigned duties
for the City of Miami Police Department. The terms of this Agreement for such release are only
to be implemented if the following qualifications are met by the F.O.P.:
65
A. The F.O.P. President and the two (2) designees will reasonably be available
at the F.O.P. office currently located at 710 SW 12th Avenue, Miami, Florida, 33135, for
consultation with the Management of the City.
B. The F.O.P. President and the two (2) designees shall be the only Bargaining
Unit representatives released to appear before City Boards or Commission. Release for
appearances before City Boards shall be on "F.O.P." time pool and release for appearances before
the City Commission shall be designated as Administrative Leave (AL). In the absence of the
President, the President's two (2) designees may represent the F.O.P.; however, the designee must
comply with Section 26.2 of this Article.
C. The Time Pool will be charged for all hours during which the F.O.P.
President and the two (2) designees are on off -duty release except that absence due to use of
vacation leave, sick leave, holidays, or compensatory leave will be charged to the President and
designee's leave. accounts.
26.7 All applicable rules, regulations and orders shall apply to any bargaining unit
member on time pool release. Violations of the above -mentioned rules, regulations and orders shall
subject the bargaining unit member on pool time to the regular disciplinary processes currently
provided for in the Miami Police Department.
26.8 The City reserves the right to rescind the provisions of this Article in the event any
portion of the Article is found to be illegal, but shall not preclude further negotiations of future
bargaining unit member pool time.
26.9 Members of the bargaining unit who are elected executive officials of the Fraternal
Order of Police shall be permitted to attend one meeting each month of the Fraternal Order of
Police without loss of pay subject to prior knowledge and approval of the Chief of Police. Pay for
66
elective officials who are on duty shall be charged against the T.O.P. Time Pool. The monthly
meetings shall be limited to two (2) hours and shall involve no more than eleven (11) executive
officials.
For the Ci
Date.. 11/
67
ARTICLE 27
DISCRIMINATION
27.1 The City will comply with all local, state and federal laws with regard to
discrimination based upon 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. Any claim of
discrimination. harassment. bullying. or creating a hostile work environment by an employee
against the City, its officials or representatives. and any separation of employment due to a
disability. or as the result of a fitness for duty evaluation and/or process shall not be erievable or
arbitrable under the provisions of Article 6 (Grievance Procedure). but shall be subject to the
method of vi w preser''ed by law or by rules and regulations having the force and effect of law.
For the Ci[}%/
Date: I j � ?
E
CITY/FOP 6/29/03
70
the Union
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 uuit 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 . r •priate by the Department of Human Resources, Division of Labor Relations
Far the C
Date:
CITY/FOP 6/29/03
71
r the 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 tp the Grievance Procedure or arbitration.
For the City J For the pion
Date: �/f7/`,?"7
CITY/FOP 6/29/03
72
ARTICLE 30
FAMILY MEDICAL LEAVE AND LEAVE WITHOUT PAY
30.1 Bargaining unit members may request a leave of absence without pay in accordance
with the Family and Medical Leave Act of 1993 (FMLA), or the Miami -Dade County Family
Leave Ordinance.
30.2 Bargaining unit members may take FMLA leave of absence without pay not to
exceed ninety (90) days in a 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
members own serious health condition, eligible deployment/return from deployment rights or any
other FMLA eligible event.
30.3 Upon approval of the Chief of Police, and the City Manager or his/her designee, a
leave of absence without pay, for a period not to exceed six (6) months, may be granted for the
purpose of a bargaining unit member entering upon a course of training or study directly related
to the bargaining unit members job, expected improve the quality oldie bargaining unit member's
service to the City. Upon request, such leave of absence without pay may be extended for an
additional six (6) months upon the approval of the Chief of Police and. the City Manager or his/her
designee.
Any bargaining unit member requesting leave of absence without pay under this
Section shall submit to the Chief of Police evidence of registration upon entering each
quarter/semester of school.
30.4 Upon approval of the Chief of Police, and the City Manager or his/her designee, a
leave of absence without pay may be granted for a period not to exceed ninety (90) days. Approval
or denial of said leave of absence without pay is at the sole discretion of the City Manager or
71
his/her designee and shall not be reviewable through the Grievance Procedure, including
arbitration, or appealable to Civil Service Board.
30.5 Bargaining unit members who desire to take a leave of absence without pay for any
reason specified in this Article, excluding serious health condition, must first use all accrued
vacation, sick and compensatory leave prior to taking a leave without pay. A bargaining unit
member requesting leave without pay for a serious health condition under the Family and Medical
Leave Act must first use all sick, vacation, and compensatory leave prior to taking leave without
pay.
30.6 Unless required by law, bargaining unit members who take a leave of absence
without pay pursuant to this Article shall not accrue seniority or leave time. At the expiration of a
leave of absence without pay, the bargaining unit member shall be returned to the position vacated
when said leave of absence without pay was granted unless otherwise prohibited by physical
limitations. Leave of absence without pay during the required probationary period of service shall
extend the probationary period equal to the length of time used during the said leave of absence
without pay.
30.7 The acceptance of another position or engaging in other employment by the
bargaining unit member while on a leave of absence without pay shall constitute an automatic
voluntary resignation from the service of the City of Miami without right to review through the
Grievance Procedure, including arbitration, or by Civil Service, a court of law, administrative
agency, other governmental body or any other authority. Such resignation may only be appealed
to the Director of Employee Relations or designee who will meet with the F.O.P. President and if
the parties do not agree on rescinding the resignation, the resignation shall be final and binding as
72
of the date the employee accepted another position or engaged in other employment as described
herein.
For the City Date: /0
t
e Union
ARTICLE 31
VACATION
31.1 Effective October 1. 2023, \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. lfa bargaining unit member is employed prior to the l5th 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 unit members and
shall cease as available time. (Note: the fourteen (14) hours of earned personal leave was
incorporated into the vacation leave accrual).
31.3 Bargaining unit members shall accrue vacation in accordance with the following
schedule:
1 5 years 94-104hours
6 10 years 131 144 hours
11 ----- 15 years 4-54-164 hours
16 20 years 171 184 hours
21 25 years 191 204 hours
26 and over 214 224 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 -three
hundred (W300) hours of the previous year's credited vacation. Any excess vacation over the two
three hundred (200300) 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 three hundred (200300) 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 -three hundred (29830[1
)
hours which would have been forfeited. These hours will be paid up to eighty (80) hours and at
the bargaining unit member's current hourly rate of pay.
31.5 A Bargaining unit member's annual vacation accrual shall be reduced for leaves of
absence without pay and suspensions. The bargaining unit member's annual vacation accrual shall
be reduced on a yearly basis in accordance with the following schedule:
Hours Without Pay Penalty
88 - 176 Hours 1 month annual vacation accrual
177 - 349 Hours 2 months annual vacation accrual
350 - 522 Hours 3 months annual vacation accrual
523 - 695 Hours 4 months annual vacation accrual
696 - -868 Hours 5 months annual vacation accrual
869 - 1041 Hours 6 months annual vacation accrual
1042 - 1214 Hours 7 months annual vacation accrual
1215 - 1387 Hours 8 months annual vacation accrual
1388 - 1560 Hours 9 months annual vacation accrual
1561 - 1733 Hours 10 months annual vacation accrual
1734 - 1906 Hours 11 months annual vacation accrual
1907 - 2080 Hours 12 months annual vacation accrual
31.6 Vacation leave must be requested twenty-four (24) hours in advance of use and
shall be taken in increments of not less than one (1) hour. Vacation leave may be granted by the
Police Chief or designee on an emergency basis. Upon separation of the bargaining unit member
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 wo
For he C Date: 7//
/ y
CITY/FOP 6/29/03
79
For ',ifhc Union
Article 33
SICK LEAVE
33.1 The parties agree that care and discretion shall be exercised by Management and the
F.O.P. in order to prevent the abuse of sick leave privileges. Absences for trivial reasons must be
discouraged. To determine the extent or reasons for a bargaining unit member's absence on sick
leave, the bargaining unit member's immediate supervisor or a Management designee may visit
the home of the bargaining unit member on sick leave with pay. In cases where Management
suspects that a bargaining unit member is malingering, sick leave with pay shall not be granted.
33.2 Permanent bargaining unit members who are in pay status at least one hundred and
twenty (120) hours per month shall accrue up to eight -ten (S10) hours sick leave per month, to be
utilized in not less than one (1) hour increments.
33.3 Bargaining unit members in probationary status will accrue sick leave in accordance with
Section 33.2., however, no sick leave with pay will be granted during the employee's first ninety
(90) days of employment.
33.4 To receive sick leave with pay, a bargaining unit member must notify his/her immediate
supervisor or designated Police Department personnel of illness at least fifteen (15) minutes before
the scheduled starting time of his/her shift. The bargaining unit member is responsible for
notifying a supervisor within his/her District/assignment each day he/she is out ill, unless
previously approved by a supervisor.
33.5 Any bargaining unit member absent on sick leave for more than three (3) consecutive
work days must report to the Department of Human Resources and obtain approval before
returning to work.
33.6 Other banked leave time may —shall be substituted for sick leave at the bargaining unit
meniber's request, only when a bargaining unit member has depleted all of his/her sick leave bank
and provides proper medical documentation for the hours of missed work to the Police
Department's health services unit.
When a bargaining unit member has depleted all of his/her leave time balances and has
not been approved for Family Medical leave as outlined in Article 28 of this Agreement, he/she
will be as follows: Illness without Pay.
33.7 All bargaining unit members covered by this Agreement may be allowed to use up to
eighty (80) hours of accrued sick leave in any one calendar year due to serious injury or acute
illness of any actual member of the bargaining unit member•'s immediate family. The immediate
family shall be defined as father, mother, sister, brother, husband, wife, domestic partner (who
meets the criteria of the FOP Health Trust), children, father-in-law, mother-in-law, grandparents,
spouse's grandparents, stepfather and/or stepmother.
33.8 Bargaining unit members who have not utilized any sick leave and/or who have not been
on disability or in a leave without pay status for the full payroll calendar year shall receive eight
(8) hours of commendation paid leave.
33.9 Starting October 1, 2023, $bargaining unit members covered by this Agreement who
exercise normal retirement (excluding bargaining unit members who leave on vested rights) shall
be paid for one hundred percent (100%) of accumulated sick leave up to one thousand two hundred
(1,2000) hours and fifty percent (50%) of accumulated sick leave above one thousand two hundred
(1,000200) hours.
33.10 Bargaining unit members with ten (10) or more years of service who terminate
employment with the City under honorable conditions shall receive a cash payment equal to one-
fourth (1/4) of their unused accumulated sick leave.
33.11 Bargaining unit members with fifteen (15) or more years of service who terminate
employment with the City under honorable conditions shall receive a cash payment equal to one-
half (1/2) of their unused accumulated sick leave.
33.12 Bargaining unit members who are terminated from employment, forfeit all sick leave
payout.
33.13 Payoff for accumulated sick leave shall not be used to calculate average earnings for
pension purposes.
33.14 When a bargaining unit member is unable to work due to an extended, non -work related
illness and the bargaining unit member's sick leave, earned time, and vacation time are fully
depleted, employees may donate credited vacation and/or earned time to the affected bargaining
unit member in increments of four (4) hours or more. Such time may only be donated by
employees whose hourly rate of pay is equal to or greater than that of the donee. Such donations
of time shall be submitted for approval to the Director of Human Resources or designee on a form
to be provided by the City. Except as provided above, donations of leave time shall not be
authorized. Should there be extraordinary circumstances beyond what is contained in this Article,
a bargaining unit member may request consideration from the Director of Human Resources or
designee for a time transfer. The Director of Human Resources or designee decision shall be final.
33.15 Bargaining unit members who are eligible for retirement may, at their sole discretion,
make an irrevocable election in the calendar year prior to the calendar year in which the bargaining
unit member severs service with the City of Miami to convert any portion of their accumulated
sick time to vacation time at the time of severance of service. Starting October 1, 2023, 42the
conversion of sick time to vacation time shall be at the rate of one hundred percent (100%) of
accumulated sick leave up to one thousand two hundred (1,000200) hours and fifty percent (50%)
of accumulated sick leave above one thousand two hundred (1,000200) hours.
33.16 Effective upon implementation of the Post Employment Health Plan, bargaining unit
members covered by this Agreement shall have credited to their Post Employment Health Plan
account one hundred percent (100%) of accumulated sick leave up to one thousand two hundred
(1,0200) hours* and fifty percent (50%) of accumulated sick leave above one thousand two
hundred (1,000200) hours at time of severance of service with the Department, including any
vacation converted under Article 31, Section 31.9.*
*NOTE: Any vacation leave time balances that are converted to sick leave under Article 31-
Vacation, Section 31.9 shall be added over and above the 1,2000 hour limitations set forth in
Section 33.
For the Ci
Date:
(d-c(
Fof the Union
Article 34
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
34.1 In an effort to identify and eliminate on or off duty controlled substance abuse and on
duty alcohol abuse, a bargaining unit member will be ordered to undergo a urinalysis and/or breath
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 may, in the City's sole and exclusive
discretion, be directed to undergo a urinalysis and/or breath 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.
D. All breath tests administered under this Article will be performed by either a
contracted hospital or contracted testing laboratory, as chosen by the City. In the
event that the hospital or accredited testing laboratory with which the City has a
contractual relationship is unable to perform the test for whatever reason, the City
may administer the breath test at an F.D.L.E, approved stationary or mobile
Intoxilvzer site chosen by the C
34. 2 If a breath test sample cannot be obtained pursuant to 34.1(D), or if the member requests,
the City may obtain a blood sample in lieu of a breath test. A bargaining unit member's insufficient
breath sample may, in the City's sole and exclusive discretion, result in the City obtaining a blood
sample.
34.2 3 Random Substance Screening
A. Throughout each calendar year the City may conduct up to one thousand two
hundred and fifty (1,250) random substance screenings on members of the
bargaining unit. A bargaining unit member may be randomly selected no more than
two (2) times during each calendar year and notified that he/she must report for
testing.
B. Bargaining unit members selected for random substance screening shall report to
either a hospital or accredited testing laboratory, as chosen by the City. The
hospital or accredited testing laboratory shall include sufficient safeguards to
ensure that proper chain of custody procedures is enforced.
C. The following drugs or classes of drugs and cut off concentration levels shall be
applicable for determining whether specimens are negative or positive for the initial
or confirmation test. A positive result shall be a concentration in excess of the
following:
Initial Test Level (ng/ml) GC/MS Level (ng/m1
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
Ketamine
are
Gamma-hydroxybutyrat
Methylenedioxymethampetamine 300
(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
150
25 - until Federal and
State
"Industry Standards"
established
150 until Federal and
State "Industry
Standards"
are established
150
a urine
sample at either a hospital or accredited testing lab, as chosen by the City. During
said test, the bargaining unit member shall provide sufficient urine for the
laboratory to secure two (2) samples to be tested. The first sample will be used for
the test and confirmation of same. The reserved sample shall be tested.
E. Bargaining unit members may, upon request, have an F.O.P. representative present
on laboratory premises during the collection procedure, provided that the test will
not be postponed for more than 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 adrninistrative 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 4 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- 5 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 6Any 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- 7Any 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- 8In the event that the results of the urinalysis/blood test are positive for formerly
escrihed mediation which the bargainingunit member is no lore er .escribed, 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 9 If Article 34,8 applies, 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 oldie
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.
Date:
3/it pp
For t
e Union
ARTICLE 35
HEART BILL/PHYSICALS
35.1 Upon ratification of this collective bargaining agreement by both parties,
bargaining unit members who during the course of their employment with the City, demonstrate
having any condition or impairment of health caused by tuberculosis, heart disease, or
hypertension resulting in total or partial disability or death shall be presumed to have been
accidental and to have been suffered in the line of duty unless the contrary be shown by competent
evidence. However, any such bargaining unit member shall have successfully passed a physical
examination upon entering into service as law enforcement officer, which examination failed to
reveal any evidence of any such condition. Such presumption shall not apply to benefits payable
under or granted in a policy of life insurance or disability insurance, unless the insurer and insured
have negotiated for such additional benefits to be included in the policy contract. The Parties agree
that physical fitness, strength and agility are important requirements for positions with the Police
Department and are of great concern to the City and all ernployees. Employees are encouraged to
engage in activities which improve their fitness.
35.2 This section shall be construed to authorize the City to negotiate policy contracts
for life and disability insurance to include accidental death benefits or double indemnity coverage
which shall include the presumption that any condition or impairment of health of any kind caused
by tuberculo is, heart disease, or hypertension resulting in total or partial disability or death was
accident [,ttn¢ suffered in the line of duty, unless the cotrary be shown by competent evidence.
For the City%`� /2?
Date: 1
CITY/FOP 6/29/03
90
F r the Union
ARTICLE 36
SWORN OFFICERS KILLED IN THE LINE OF DUTY
36.1 Any full-time Sworn Miami Police Officer who is killed while in the performance
of his or her official duties or who subsequently dies from injuries within twelve (12) months of
the incident from his or her wounds shall be given a promotion to the rank of Major. Leave
balances will be paid off at the hourly rate of the newly promoted rank, The beneficiary of the
deceased shall receive a sum of three -hundred thousand dollars ($300,000) from the City of Miami
upon said bargaining unit member's death. Application shall be made to the Department of Human
Resources f+ ayment of such death benefits. l�
For the City
Date:
CITY/FOP 6/29/03
91
FCC he Union
ARTICLE 37
NON DUTY COURT APPEARANCE
37.1 Attendance in court in response to legal order or subpoena to appear and testify in
private litigation not in connection to bargaining unit members official duty, but as an individual
shall be taken as vacation, compensatory leave, or leave of absence without pay. Attendance -in
hent'ly r
37.2 Attendance in court in res .onse to a sub oena to a ear and testi in connection
with a bargaining unit member's official duty, including being called as a witness by the defense
(excluding testimony as a character witness) shall, if testimony is given while on duty be paid at
the bargaining unit metnber's straight hourly rate or, if testimony is given while off -duty be paid
at one and one half 1 1 /2 times the bar Jainin unit member's strai ht time rate and considered
overtime worked.
--(7V
For the City
Date:
For\the Union
Date:
-7/a-(1
ARTICLE 38
RESERVED
Fob the Union
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 benef'ts in accordance
with the provisions of the FIPO 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 FIPO 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 wilt 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
Baekdrop 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.
(e)
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 petition
the Circuit Court judge in the case of Gates v. City of Miami to alter the judgment accordingly, to
be effective for the plan year beginning October 1, 2012. Upon receipt of approval from the Court,
the City shall implement the change by ordinance.
39.4 Service Retirement Benefit Multiplier
All bargaining unit members shall be entitled to reeeive a retirement allowance
equal to three percent (3%) of the member's average final compensation multiplied by years of
creditable service for the first 15 years of such creditable service and three and one-half percent
(3.5%) of the member's average final compensation multiplied by the number of years of creditable
service in excess of 15 years, subject to the maximum retirement allowance contained in the
retirement plan.
For the Cit
Date:
)(,),(
For le Union
ARTICLE 40
BID PROCESS/SENIORITY
40.1 The Department shall be limited to a once per year citywide bid of all Field
Operations Division positions, 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 process under this Article. Bargaining unit members who are on light duty or any type of
FMLA or medically related leave shall be eligible to participate in the bid process so long as they
have medical certification supporting a return to work date that is no later than thirty (30) days
from the date that the position/shift is to be assigned (the "Effective Slot Date"). if such bargaining
unit member cannot fill the position/slot within thirty (30) days of the Effective Slot Date, for
whatever reason, they shall forfeit the permanent position on the bid until the next bid.
40.3 The Chief of Police may continue to fill slots as openings occur during the year
through the established regular bidding process. The Chief of' Police shall determine what open
Mots will be staffed and bid. When one or more vacant slots need to be filled, personnel may be
temporarily assigned to cover staffing needs, Those bargaining unit members who are temporarily
assigned will come from bargaining unit members most recently transferred to Field Operations
Division, laterals from other Department, probationary officers/sergeants, and bargaining unit
members who have not yet bid for a permanent position. Temporary assignments will be for a
period not to exceed twelve (12) months.
40.4 Seniority shall be used in determining shift assignment, area, and in the assignment
of days off within a patrol unit, should an opening occur. Seniority may be used in determining
assignment to a specialized unit. In specialized units seniority is defined as continuous time within
the specialized unit.
96
40.5 Seniority shall, for the purpose of this Article, be defined as date of hire as Police
Officer (5005). Where Seniority is the same for two or more Police Officers, the date of hire as a
Police Recruit (5003) shall be utilized. Where the date of hire as a Police 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 a 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 or more
Lieutenants, the effective date of promotion as Sergeant shall be utilized. 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
of application as Police Recruit with the City.
40.6 Exceptions to the use of Seniority as specified in 40.35 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.
BID PROCESS/SENIORITY FOR DETENTION OFFICERS
40.7 One full year after the commencement of the Detention Officer position, the Chief
of Police shall fill slots to non -probationary Detention Officers. The open slots will be filled
throughout the regular bidding process.
40.8 Thereafter, the Chief of Police shall determine what open slots will be staffed and
bid. When one or more vacant slots need to be filled, personnel may be temporarily assigned to
cover staffing needs. Temporary assignments will be for aperiod not to exceed twelve (12) months.
97
40.9 Seniority shall only be used in determining shift assignment, area and in the
assignment of days off upon an opening occurring.
40.10 Seniority shall, for the purpose of this Article, be defined as the date on which the
employee obtained permanent status as a detention officer, excluding probationary periods
(promotional and initial) and employment in non -sworn status. Where seniority is the same for
two or more detention officers, then the most recent date of hire shall be utilized. Where seniority
by date of hire is the same, then the most recent date and time of the employment application with
the City will be utilized. For purposes of this Article, leaves of absence without pay or suspensions
will reduce the Detention Officer's seniority by the amount of time for such leave of absence or
suspension.
40.11 Exceptions to the use of seniority as specified in 40.8 may occur in an emergency
or when special knowledge or skills are needed, as determined by the Chief of Police or the Chief s
designee.
For the City
Date:
98
dlA
Union
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 twenty-four (24) hour 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 MetroMiami-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 $44-,000 damage
Reasonable action
No injuries
Over $41-,000 damage
No Loss
1 Month
Reasonable action 2 Months
#52055210 vl
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.
II. Departmental policy on the use and operation of police vehicles shall apply.
To facilitate the dissernination 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.O.P. or designee of such changes five (5) days prior to the
effective date of the change, however, a failure to notify shall not be grievable or arbitrable.
I. (i) It will be the intent of the City to replace twenty four (24) hour
vehicles every seven (7) years with no mileage requirements. 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.
(ii) The City will purchase/lease and allocate twenty-four (24) hour
vehicles.
#52055210 vl
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 be used to purchase/lease additional police vehicles in the next fiscal year.
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 3 0-40 W).
(Motorcycle preventive maintenance shall include change of oil, change of
all fluids, and lubrication of chassis).
Such preventive maintenance shall be performed every five thousand
(5,000) miles (preventive maintenance for motorcycles shall be performed every four thousand
(4,000) miles and K-9 vehicles every five thousand (5,000) miles) by the City's motor pool and/or
an ASE certified vehicle maintenance center located within the City of Miami,
K. All bargaining unit members who are assigned a twenty-four (24) hour
vehicle are required to maintain a vehicle maintenance log, which, is subject to inspection by the
#52055210 vi
City. Bargaining unit members who fail to maintain the prescribed preventive maintenance log shall
be subject to disciplinary action including, but not limited to:
1. Reimbursement of repair cost due to damage of their assigned
vehicle.
2. Reimbursement of maintenance cost.
3. Loss of twenty-four (24) hour vehicle.
41.2 Vehicle maintenance will be performed only while the bargaining unit member is
on duty. Overtime pay requirements shall not apply concerning any matter for which overtime is
currently not being paid for off -duty preventive maintenance of assigned vehicles.
41.3 Vehicles determined to be unsafe to drive by the City will be taken out of service.
41.4 Departmental policy on damage of a City vhicle shall pay.
Date:
I
1152055210 vl
r-5
For ` e nion
ARTICLE 42
TUITION REIMBURSEMENT
42.1 The tuition reimbursement program is designed to encourage bargaining unit
members to improve their job performance and increase their value to the City by pursuing courses
of study related to their job duties in accredited technical school, college or university and/or any
approved accredited on-line college/university in the United States where accreditation is
recognized by the United States Department of Education. Other educational programs may be
covered, provided the City and the F.O.P. mutually agree upon inclusion of the educational
program.
42.2 Any full-time sworn, permanent bargaining unit member shall be eligible to
participate in the Tuition Reimbursement Program, so long as the member has complied with the
City's administrative prerequisites for participation in the program.
42.3 All course work must be taken at or from an accredited college, university or
educational institution approved by the City Manager or the Department of Human Resources
designee. Course work taken under provisions of this Article must be directly related to the
bargaining unit member's.job duties. Class attendance will be on the bargaining unit member's own
time unless otherwise noted in the course announcement and authorized by the City Manager or
the Labor Relations/Deputy Director Department of Human Resources.
42.4 Reimbursement will be limited to actual tuition costs up to a maximum of six seven
thousand dollars ($76,000) per calendar year. Books, housing, incidental fees, and all other fees
and costs related to the course work will not be reimbursed by the City.
42.5 To be eligible for reimbursement, the bargaining unit member must successfully
complete the course work and provide evidence of a grade Of"C" or better to the City.
42.6 Procedures for reimbursement will be as follows:
A. The bargaining unit member must complete--e ffl
Application for Tuition Reimbursement form for each course provided by
Departmet ef4he Human Resources Department.
B. The bargaining unit member must complete the application in triplicate and
submit it to the Chief of Police subsequent to registration and immediately prior to the semester
start date.
C.
the
The Chief of Police will review the application and if he/she approves, and
will forward the original and one copy to the Human Resources Department. If the application is
disapproved, it will be returned to the bargaining unit member by the Chief of Police.
D. The Director of Human Resources or designee also has discretion and
authority to approve or disapprove the application, and applications not approved will be returned
to the employee, with notification to the Chief of Police with the reason for rejection noted thereon.
42.7 In the event the bargaining unit member resigns or is terminated from the City
within one (1) year following completion of the course(s) for which City funds were expended,
the amount of tuition reimbursement paid to the bargaining unit member will be reimbursed to the
City by the bargaining unit member upon his/her termination from the City through a deduction
from his/her final paycheck.
42.8 Within ten business (10) days of final grade posting
werk, the bargaining unit member must submit his/her final semester grade report together with
the tuition fee receipt to the Chief of Police. The Chief of Police will submit the approved
application for tuition reimbursement along with the bargaining unit member's semester -final grade
report and tuition fee receipt to the Human Resources to the Finance -Department who shall review
and determine the amount eligible for reimbursement. The Human Resources Department will
then forward the determination to the Finance Department, who shall then —reimburse the
bargaining unit member for the City's share of the tuition reimbursement, in accordance with the
determination of the Human Resources Department. The Chief of Police will advise the Human
Resources Departn ent of the bargaining unit member's satisfactory completion of the course.
//
For the City
Date:
r the Union
ARTICLE 43
POST EMPLOYMENT HEALTH PLAN
43.1 The parties agree that the F.O.P. will establish the Fraternal Order of Police, Lodge
#20, Post Employment Health Plan ("PEHP"), consistent with current IRS Rules and Regulations.
43.2 Eligibility for membership, taxability, funding and administration of the PEHP, will
be as outlined in the PEHP Document.
43.3 The PEHP will establish individual accounts for each member in the PEHP.
43.4 Upon separation of service from the City all members will have their sick leave
balances calculated at their hourly rate of pay at time of separation and transferred to their PEHP
accounts.
43.5 Any losses, charges or expenses incurred by the participant in the PEHP will be
borne by/the . articipant and shall not be made up by the( of Miami, the F.O.P. or the PEHP.
For the Cit , For e Union
Date:
106
Article 49
VACANCIES -PROMOTIONS
44.1 Promotions will be done if budgetarily and administratively feasible as determined by the City
Manager. When a classified permanent promotional vacancy occurs in any bargaining unit position, it shall
be filled within a reasonable period of time alter establishment of the Eligible Register per the Civil Service
Rules. Filling of all sworn classified budgeted vacancies shall be in accordance with the Civil Service
Rules and Regulations, so long as they are not inconsistent with provisions of this Agreement. All sworn
classified budgeted vacancies shall be filled from the promotional register in effect at the time the budgeted
vacancy occurs. If a promotional register is not in effect, vacancies will be filled from the next promotional
register.
Promotions will be made upon the effective date of the budgeted vacancy for the classified
position. For pay and seniority purposes, if the City fails to promote within ninety (90) calendar days from
the effective date of the budgeted vacancy, retroactive pay shall be paid beginning ninety-one (91)
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 91' day from the effective date of the budgeted date of the
budgeted vacancy, if the promotion is not made before 90 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 classification to a different bargaining
unit classification by the City Manager, nor shall it apply when a promotion is delayed due to count
order(s), judgment and/or order from the Department of Justice (.DOI) expressly prohibiting the
administration of an examination/promotion. Once a freeze is lifted, vacancies shall be filled as outlined
in 44.1. The City shall not abolish a sworn classified position for the sole purpose of reclassifying to a sworn
unclassified position.
The parties agree that the City shall, upon ratification of this Agreement, audit no less than
four sworn unclassified/senior staff positions within the Police Department to determine it'budgetarily
and administratively feasible to implement reclassification to the position of Police Captain.
44.3 The Department of Human Resources will keep the members of the bargaining unit covered
by this Agreement advised as to promotional opporttutities within Article I, Recognition.
44.4 Further, the Department of Human Resources Director via Official Bulletin of the Miami
Police Department and normal notification via the Employment Office will advise eligible applicants
for promotional opportunities of the general area to be reviewed for preparation prior to the exam.
44.5 AU promotional registers for Police Sergeant, Lieutenant, and Captain shall remain in effect
for a period of two (2) years from the date the register becomes effective, unless the register is
exhausted. tl on a-atif leaden of this A reernent once a prornotlonal : rcaister is expired, a new
•emotional rc )inter must be iietivated within one hundred anti tweet . .20 da s. If there are no
vacancies, no exam will be required in the ranks of Police Sergeant, Lieutenant, and/or Captain,
however, the City reserves the right to develop and administer exams in order to maintain eligible
registers in anticipation of staffing requirements.
44.6 Promotional examinations for classified bargaining unit positions shall be given as soon as
possible after the expiration of the previous promotional register from the classified position. The
cutoff date to determine seniority and eligibility for the examination will be the first day the
examination is administered.
44.7 Promotional register for Police Sergeant, Lieutenant, and Captain shall have ties broken using
seniority credit that was previously used in calculating the seniority score for the exam. If a tie still
exists, it shall be broken in favor of the highest ranking Police Officer on the Department seniority list
for the Sergeant's register, or the highest ranking Officer on the appropriate seniority in grade list for
the Lieutenants' or Captains' register.
44.8 Bargaining unit members shall have sixty (60) days from the establishment of an eligible
register within which to the any challenge(s) to the promotional exam process with the Civil Service
Board; as a means of exhausting the member's administrative needs.
For the 6ity
Date:
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 upon ratification, Oetober 1, 2021, except where otherwise
stipulated (for example. Article 18-Wage, which has speci f c effective date). The Agreement shall
continue in force and effect until 11:59 p.m., September 30, 20246.
45.2 Unless mutually agreed otherwise, on or before February 1, 20246, 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, 20236, unless mutually agreed otherwise, the City will
present the F.O.P. with a list of proposals it desires to negotiate, together with specific language
describing its proposals. The changes indicated in the proposals shall be designated by article
numbers and/or section numbers with a strike through of deleted language (sample)
and new
language will be underlined (sample).
45.4 Initial discussions shall thereafter, and no later than March 15, 202;6, be entered
into by the City and the F.O.P.
45.5 If any provision of this Collective Bargaining Agreement is in conflict with any
law, ordinance or resolution over which the City Manager has no amendatory power, the City
Manager shall submit to the City Commission a proposed amendment to such law, ordinance or
resolution. Unless and until such amendment is enacted or adopted and becomes effective, the
conflicting provision of the Collective Bargaining Agreement shall not become effective. The City
Administ a eon shall expedite such proposed amendme to the City Commission.
k�
Fort a Union
For the City
Date:
Yrs
of
Servi
ce
Step
Police
Officer
(HOURLY)
01.POL
Police Officer
(Annual)
01.POL
Police
Sergeant
(HOURLY)
03.POL
Police
Sergeant
(Annual)
03.POL
Police
Lieutenan
t
(HOURLY)
05.POL
Police
Lieutenant
(Annual)
05.POL
Police
Captain
(HOURLY)
07.POL
Police Captain
(Annual)
07.POL
Police
Recruit
(HOURLY)
00.POL
Police
Recruit
(Annual)
00.POL
5005
5005
5011
5011
5012
5012
5013
5013
5003
5003
0
1'
1
2
31•
2981
32.8630
$ 65,100.05
$ 68,355.04
36.1493
37.9568
$ 75,190.54
$ 78,950.14
41.7524
43.8400
$ 86,844.99
$ 91,187.20
48.2240
50.6352
$ 100,305.92
$ 105,321.22
2
3
34.5062
$ 71,772.90
39.8546
$ 82,897.57
46.0320
$ 95,746.56
53.1670
$ 110,587,36
3
4
4
5
362315'
38.0431
$ 75,361.52
$ 79,129.65
41.8473
43.9397.
$ 87,042.38
$ 91,394.58
48.3336
50.7503
$100,533.89
$105,560.62
55.8254
58.6167
$ 116,116.83
$ 121,922.74
6
6
7
39.9453
41.9426
$ 83,086.22
$ 87,240.61
46.1367
48.4435
$ 95,964.34
$100,762.48
53.2878
55.9522
$110,838.62
$116,380.58
61.5475
64.6249
$ 128,018.80
$ 134,419.79
7
8
440397
$ 91,602.58
508657
$105,800.66
58.7498
$122,199.58
67.8561
$ 141,140.69
8
9
46.2417
$ 96,182.74
53.4090
$111,090.72
61687.3
$128,309.58
71.2489
$ 148,197.71
9
10
10
11
485538
49'5249
$ 100,991.90
$ 103,011.79
56.0795
57.2011
$ 116,645.36
$118,978.29
64.7717.
66.0671
$134,725.14
$137,419.57
74.8113
763075
$ 155,607.50
$ 158,719.60
11
12
50.5154
$ 105,072.03
58.3451:
$121,357.81
67:3884
$140,167.87
77.8337
$ 161,894.10
12
13'
515257
$ 107,173.46
59.5120
$ 123,784.96
68.7362
$142,971.30
79.3904
$ 165,132.03
13
14
14
15
52.041.0,
52.5614
$ 108,245.28
$ 109,327.71
60.1071
60.7082
$ 125,022.77
$126,273.06
69.4236
70.1178
$144,401.09
$145,845.02
80.1843
80.9861
$ 166,783.34
$ 168,451.09
15
Yrs of
15
20
16
Step
536126
$ 111,514.21
61.9224
$128,798.59
715202
$148,762.02
82.6058
$ 171,820.06
25
30
54.6849
557786
$ 113,744.59
$ 116, 019.49
Longev ty (Based on Time in Bargaining Unit)
63.1608
64.4240
$ 131,374.46
$134,001.92
729506
74.4096
$151,737.25
$154,771.97
842579
85.9431
$ 175,256.43
$ 178,761.65
29.8077
$ 62,000.02
EFFECTIVE DATE
X/X/2024
Yrs of Ser.,ice
Step
Detention Officer
(Ho.rIy)
Detention Officer
(Annual)
Detention
Officer -
Probationary
(Ho�r�y)
Detention Officer
- Probationary
(Ann...)
01.POL-DO
01.POL-DO
00.POL-DO
00.POL-DO
5080
5080
5081
5081
0
1
26.3249
$ 54,755.79
25.0713
$ 52,148.30
1
2
27.6411
$ 57,493.49
2
3
29.0232
$ 60,368.26
3
4
30.4744
$ 63,386.75
4
5
31.9981
$ 66,556.05
5
6
33.5980
$ 69,883.84
6
7
35.2779
$ 73,378.03
7
8
37.0418
$ 77,046.94
8
9
38.8939
$ 80,899.31
9
10
40.8386
$ 84,944.29
10
11
41.6554
$ 86, 643.23
11
12
42.4885
$ 88,376.08
12
13
43.3383
$ 90,143.66
13
14
43.7717
$ 91,045.14
14
15
44.2094
$ 91,955.55
15
16
45.0936
$ 93, 794.69
Yr. of Service
Step
Longevity (Based
on Time in
Bargaining Unit)
15
25
45.9955
$ 95,670.64
20
30
46.9154
$ 97,584.03