HomeMy WebLinkAbout25177AGREEMENT INFORMATION
AGREEMENT NUMBER
25177
NAME/TYPE OF AGREEMENT
FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20
DESCRIPTION
COLLECTIVE BARGAINING AGREEMENT/OCTOBER 1, 2023
THROUGH SEPTEMBER 30, 2026/FILE ID: 15722/R-24-
0148/MATTER ID: 23-164/#34
EFFECTIVE DATE
October 1, 2023
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
9/12/2024
DATE RECEIVED FROM ISSUING
DEPT.
9/13/2024
NOTE
CITY OF MIAMI
DOCUMENT ROUTING FORM
3)A
ORIGINATING DEPARTMENT:
DEPT. CONTACT PERSON: EXT.
NAME OF OTHER CONTRACTUAL PARTY/ENTITY:
IS THIS AGREEMENT TO BE EXPEDITED/RUSH
❑ YES ONO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? OYES ONO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY):
0 PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
0 LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
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COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
} ROUTING INFORMATION';"
Date
PLEASE PRINT AND SIGN
APPROVAL BY H,UM AN RE'S.OURCES
DIRECTOR
PRINT:
SIGNATURE:
SUBMITTED TO ,BUDGET
PRINT:
SIGNATURE:
SUBMITTED TO CITY -A a:O:RNEY
PRINT: GEORGE K. WYSONG III
SIGNATURE:
APPROVAL BY ASSISTANT rCITY'MANAGER
PRINT:
SIGNATURE:
APPROVAL BY DEPUTYC,IyTI(FMAN'AGER
PRINT: NATASHA COLEBROOK-WILLIAMS
SIGNATURE:
RECEIVED BY CITY AP ..0
PRINT: ART NORIEGA, V
SIGNATURE:
SUBMITTED TO THE CITYCLERK
PRINT: TODD B. HANNON
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
AGREEMENT
BETWEEN
CITY OF MIAMI, MI.AMI, FLORIDA
AND
FRATERNAL ORDER OF POLICE,
WALTER E. HEADLEY, JR., MIA1VII LODGE NO. 20
OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2026
TABLE OF CONTENTS
ARTICLE PAGE
Agreement 1
Preamble 2
Article 1 Recognition 3
Article 2 Representation of the City 4
Article 3 Representation of the F.O.P. 5
Article 4 Management Rights 7
Article 5 No Strike 9
Article 6 Grievance Procedure 11
Article 7 Rules of Construction 17
Article 8 Investigatory Procedure 18
Article 9 Line of Duty Injuries 22
Article 10 Notices 29
Article 11 Bulletin Boards 30
Article 12 Department Disciplinary Review Board 31
Article 13 Recall and Court Time 34
Article 14 Transfers 36
Article 15 Overtime/Compensatory Time 37
Article 16 4-10 Work Schedule 39
Article 17 Standby 40
Article 18 Wages 41
Article 19 Total Agreement 52
Article 20 Holidays 53
Article 21 Deleted 54
Article 22 Uniform/Clothing Allowance/Cellular Phone Allowance 55
Article 23 Prevailing Benefits 58
Article 24 Group Insurance 59
Article 25 Dues Check Off 62
Article 26 F.O.P. Time Pool 64
Article 27 Discrimination 67
Article 28 Bereavement Leave 68
Article 29 Commendation Paid Leave 69
Article 30 Family Medical Leave and Leave Without Pay 70
Article 31 Vacation 72
Article 32 Blood Donors 75
Article 33 Sick Leave 76
Article 34 Substance/Alcohol - Personnel Screening 80
Article 35 Heart Bill/Physicals 86
Article 36 Sworn Officers Killed in the Line of Duty 87
Article 37 Non Duty Court Appearance 88
Article 38 Reserved 89
Article 39 Pension 90
Article 40 Bid Process/Seniority 93
Article 41 Vehicle Program 0 96
Article 42 Tuition Reimbursement 100
Article 43 Post Employment Health Plan 103
Article 44 Vacancies -Promotions 104
Article 45 Term of Agreement 107
Index 110
0
AGREEMENT
THIS AGREEMENT is entered into this
day of , 2023 by the
CITY OF MIAMI, FLORIDA, a municipal corporation, hereinafter referred to as the "City," and the
FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20,
hereinafter referred to as the "F.O.P.," an organization representing certain sworn police employees
of the City of Miami's Police Department.
1
PREAMBLE
WHEREAS, it is the intention of the parties to this Agreement to set forth the entire
Agreement of the parties with respect to matters within the scope of negotiations;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the
parties do mutually covenant and agree as follows:
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1.1
Article 1
RECOGNITION
Pursuant to and in accordance with all applicable provisions of the Florida Public Employees
Collective Bargaining Law, Chapter 447, Florida Statutes, management recognizes the F.O.P. as the
exclusive collective bargaining representative for those employees in the defined bargaining unit for
the purpose of collective bargaining with respect to wages, hours, and other terms and conditions of
employment, including Detention Officers 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 Officer
5011 Sergeant
5012 Lieutenant
5013 Captain
5080 Detention Officers
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Article 2
REPRESENTATION OF THE CITY
2.1 The City shall be represented by the City Manager, or a person or persons designated in
writing to the F.O.P. by the City Manager. The City Manager, or his designated representative, shall
have sole authority to conclude an agreement on behalf of the City subject to ratification by an official
resolution of the City Commission. It is understood that the designated representatives of the City
are the official representatives for the purpose of negotiating an Agreement. Any negotiations entered
into with persons other than those defined herein, regardless of their position or association with the
City, shall be deemed unauthorized and shall have no standing or weight of authority in committing
or in any way obligating the City. It shall be the obligation of the City Manager, or his designated
representative to notify the F.O.P. in writing of any changes in designation of the City's representative
for the purposes of negotiations.
2.2 For the purpose of this Agreement, reference(s) to the Chief of Police shall include his/her
designee.
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Article 3
REPRESENTATION OF THE F.O.P.
3.1 The F.O.P. shall be represented by the President of the F.O.P. or by person or persons
designated in writing to the City Manager or designee or the Director of Human Resources by the
President of the F.O.P. The identification of representatives shall be made each year by April 1st.
Such designation shall be accompanied by an affidavit executed by said President that the F.O.P. has
complied with all requirements of State Law in effect at that time with respect to registration of the
F.O.P. The President of the F.O.P., or person or persons designated by said President, shall have full
authority to conclude an Agreement on behalf of the F.O.P., subject to ratification by a majority vote
of those bargaining unit members voting on the question of ratification. It is understood that the
F.O.P. representative or representatives are the official representatives of the F.O.P. for negotiating
with the City. Any negotiations entered into with persons other than those defined herein, regardless
of their position or association with the F.O.P., shall be deemed unauthorized and shall have no
standing or weight of authority in committing or in any way obligating the F.O.P. The F.O.P. shall
notify the City Manager in writing of any changes in the designation of the President of the F.O.P. or
of any certified representative of the F.O.P. Up to five (5) designated representatives of the F.O.P.
shall be permitted to attend the negotiation sessions on duty with no loss of pay or emoluments. Two
(2) of the representatives shall be compensated by the City and their shifts and/or days off shall be
adjusted to accommodate the negotiation process. The other three (3) shall be compensated by the
Time Pool consistent with the provisions of Article 26. The seven day notice requirement will not
apply where the schedule of negotiating sessions prohibits its application.
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.
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3.4 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 a criminal investigation for a felony and/or pending
a criminal charge(s) for a felony and/or criminal trial for a felony. Should an F.O.P. representative be
convicted of a felony and/or accept a withhold of adjudication for a felony, he/she shall cease being
an F.O.P. representative with respect to conducting union business with the City.
3.5 The City and the Union agree to meet and confer on matters of interest upon the written
request of either party. The written request shall state the nature of the matters to be discussed and
the reason(s) for requesting the meeting. Discussion shall be limited to matters set forth 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 days of the receipt of the written request.
3.6 The parties agree to participate in the Labor/Management process as currently established.
The Labor/Management process is an ongoing tool for addressing and solving issues and problems
concerning the Union, the Department, and the City. Issues are dealt with as they arise and do not
require the formalities of reopening negotiations. Any agreements made that have economic impact
on the City must be approved by the City Manager or his designee.
6
Article 4
MANAGEMENT RIGHTS
4.1 The City has and will continue to retain, whether exercised or not, the right to operate and
manage its affairs in all respects, and the powers and authority not abridged, delegated or modified
by the express provisions of this Agreement or in any Memorandum of Understanding(s) (MOU) that
is incorporated in this agreement and attached hereto or referred to herein, in addition to any MOU
entered into during the term of this agreement. The F.O.P. and the City retain the right to bring forth
additional MOUs which were entered into by both parties and incorporate them as part of the
agreement after notification of the respective party (F.O.P./City Manager or designee) who will
confirm the authenticity of the MOUs. Otherwise, any changes of terms and conditions of
employment shall not be recognized. Any future MOUs that amends the collective bargaining
agreement shall be subject to Florida Statute, Chapter 447, Part II. The parties agree to a sunset
provision that begins at the ratification of this labor agreement wherein any MOU that is not included
with (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
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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.
4.6 The City retains the right to establish, and from time to time to amend, rules and regulations
not in conflict with this Agreement.
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Article 5
NO STRIKE
5.1 "Strike" means the concerted failure to report for duty, the concerted absence of bargaining
unit members from their positions, the concerted stoppage of work, the concerted submission of
resignations, the concerted abstinence in whole or in part by any group of employees from the full
and faithful performance of their duties of employment with the City, participation in a deliberate and
concerted course of conduct which adversely affects the services of the City, picketing or
demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a
collective bargaining agreement.
5.2 Neither the F.O.P., nor any of its officers, agents and members, nor any bargaining unit
members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any
strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any
other interruption of the operations of the City.
5.3 Each bargaining unit member who holds a position with the F.O.P. occupies a position of
special trust and responsibility in maintaining and bringing about compliance with this Article and
the strike prohibition in F.S. 447.505 and the Constitution of the State of Florida, Article I, Section 6.
Accordingly, the F.O.P., its officers, stewards and other representatives agree that it is their continuing
obligation and responsibility to maintain compliance with this Article and the law, including their
responsibility to abide by the provisions of this Article and the law by remaining at work during any
interruption which may be initiated by others; and their responsibility, in event of breach of this
Article or the law by other bargaining unit members and upon the request of the City, to encourage
and direct bargaining unit members violating this Article or the law to return to work, and to disavow
the strike publicly.
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5.4 Any or all bargaining unit members who violate any provisions of the law prohibiting strikes
or of this Article may be dismissed or otherwise disciplined by the City, and any such action by the
City shall not be grievable or arbitrable under the provisions of Article 6 - Grievance Procedure.
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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 forum. Such choice of remedy will be made in writing on the Election of Remedy
form to be available at the Department of Human Resources, Division 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
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action before a governmental board, agency or court proceeding. Selection of redress other than
through the Grievance Procedure contained herein shall preclude the aggrieved party or parties from
utilizing said Grievance Procedure for adjustment of said grievance.
6.5 To simplify the Grievance Procedure, the number of "working days" in presenting a
grievance and receiving a reply from the different levels of supervision shall be based upon a forty
(40) hour, five (5) day workweek, Monday through Friday not including citywide holidays. All
grievances must be processed within the time limits herein provided unless extended by mutual
agreement in writing.
Any grievance not processed in accordance with the time limits provided above or not
supplemented by a completed and signed Election of Remedy form shall be considered conclusively
abandoned. Any grievance not answered by management within the time limits provided will
automatically advance to the next higher step of the Grievance Procedure. Where a grievance is
general in nature in that it applies to a number of bargaining unit members having the same issue to
be decided, or if the grievance is directly between the F.O.P. and the City, it shall be presented directly
at Step 3 of the Grievance Procedure, within the time limits provided for the submission of a grievance
in Step 1, and signed by the aggrieved bargaining unit members or the F.O.P. representative on their
behalf. For grievances that apply to a number of bargaining union members having the same issue to
be decided, as referenced above, the Union will make a good faith effort to identify the aggrieved
bargaining unit members either by name or by definition. The Union and the City will make a good
faith effort to resolve any disputes 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.
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6.6 Bargaining unit members may appeal a suspension, demotion, or dismissal through the
grievance procedure contained in this Agreement or in accordance with the appeal procedure of the
Civil Service Rules, but not both. Such grievances shall be filed at Step 3 within the time limits set
forth for Step 1.
6.7 Disputes involving the granting of workers' compensation shall not be subject to this
grievance procedure, but disputes involving the granting of supplemental disability pay shall be
grievable.
6.8 Grievances shall be processed in accordance with the following procedure:
Step 1.
Step 2.
The aggrieved bargaining unit member shall notify his immediate supervisor in writing
within ten (10) working days of the occurrence which gave rise to the grievance. The e-
mail shall clearly identify that the bargaining unit member is initiating a grievance under
this Article. The immediate supervisor shall attempt to adjust the matter and/or respond to
the bargaining unit member within ten (10) working days. Such discussion shall be
confirmed in writing by the aggrieved employee and/or an F.O.P. representative, and a
copy forwarded to the Labor Relations division of the Human Resources Department by
the aggrieved employee and/or an F.O.P. 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.
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Step 3.
Step 4.
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 ten (10) 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 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
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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 damages and remedies in the CBA under which
the original 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 (I/2) of the expenses of the hearing with the arbitrator before
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the hearing may be scheduled. The party desiring a transcript of the hearing will bear
the cost of same.
5. Copies of the award of the arbitration made in accordance with the jurisdiction or
authority under this Agreement shall be furnished to both parties within thirty (30)
days of the hearing and shall be final and binding on the aggrieved bargaining unit
member(s), the F.O.P. and the City.
6. The Arbitrator shall be selected by agreement of the parties. In the event the parties
cannot agree upon an Arbitrator, the Federal Mediation and Conciliation Service shall
be requested to nominate five (5) persons for such position. Each party may reject
such list in its entirety. If a list is not so rejected, names shall be stricken alternately,
the party striking first to be determined by the toss of a coin.
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Article 7
RULES OF CONSTRUCTION
7.1 It is agreed and understood that this Agreement constitutes the whole Agreement between the
parties.
7.2 If this Agreement or any provision, section, subsection, sentence, clause, phrase, or word of
this Agreement is in conflict with any law as finally determined by a court of competent jurisdiction
which had presented to it the issue of conflict as it may pertain to this Agreement, that portion of the
Agreement in conflict with said law or ordinance or resolution or court interpretation of the law shall
be null and void and subject to renegotiation. Notwithstanding the provisions of this article, the
parties agree that whenever a negotiated clause of the labor contract is in conflict with the Civil
Service Rules, or the City of Miami Departmental Orders, on the same subject, the provisions of the
Labor Contract will take precedence. The remainder of the Agreement shall remain in full force and
effect with it being presumed that the intent of the parties herein was to enter into the Agreement
without such invalid portion(s).
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Article 8
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.
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The complaint, all witness statements, including all other existing subject officer
statements, and all other existing evidence, including, but not limited to, incident
reports, GPS locator information, and audio or video recordings relating to the incident
under investigation must be provided to each officer who is the subject of the
complaint before the beginning of any investigative interview of that officer. An
officer, after being informed of the right to review witness statements, may voluntarily
waive the provisions of this paragraph and provide a voluntary statement at any time.
E. Interrogating sessions shall be for reasonable periods and shall be timed to allow for
such personal necessities and rest periods as are reasonably necessary.
F. The bargaining unit member under investigation may not be subjected to abusive or
offensive language or be threatened with transfer, dismissal or other disciplinary
actions. No promise, or reward or threat of action shall be made as an inducement to
answering any question.
G. The formal interrogation of a law enforcement officer, including all recess periods,
must be recorded on audio tape, or otherwise preserved in such a manner as to allow
a transcript to be prepared, and there shall be no unrecorded questions or statements.
Upon the request of the interrogated officer, a copy of any recording of the
interrogation session must be made available to the interrogated 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;
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1) After documented and concerted efforts to locate said witness a witness is
thought to be permanently unavailable,
2) The necessity for taking other witness statements becomes apparent after the
interrogation of the bargaining unit member who is the subject of the
investigation, or
3) A supervisor in the normal course of case review makes a determination that the
case must be returned to the investigator for additional witness interviews.
Should this occur, the bargaining unit member who is the subject of the interrogation
shall have the opportunity to present rebuttal evidence.
I. No mechanical device, including, but not limited to, polygraph, or psychological stress
evaluator, etc., shall be forced onto a bargaining unit member nor shall disciplinary
action be taken against a bargaining unit member who refuses to submit to such testing.
However, a bargaining unit member may request such a test.
J. If the bargaining unit member is under arrest, or is a principal of a criminal
investigation and is likely to be arrested as a result of the interrogation, he shall be
fully informed of his or her legal rights prior to any interrogation.
K. At the request of the bargaining unit member, he or she has the right to be represented
by counsel or any other representative of his or her choice, who shall be present at all
times during the interrogation whenever the interrogation relates to the officer's
continued fitness for law enforcement service.
L. When an attorney or bargaining unit member representative is requested, the
bargaining unit member shall be given a reasonable period of time to obtain
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.
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8.2. When a bargaining unit member is giving a statement as a witness, and during that
statement that said witness has become a principal of that investigation, the statement will be
discontinued and the bargaining unit member will be advised he may be a principal in said
investigation. The bargaining unit member will then be given the opportunity to suspend the statement
to seek F.O.P. or other legal representation.
8.3 Records retained by Internal Affairs shall be destroyed after a period of five (5) years beyond
either thebargaining unit member's termination date, retirement date or unless otherwise directed by
state law.
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Article 9
LINE OF DUTY INJURIES
9.1 The City agrees to pay all medical and hospitalization expenses as provided by Florida Statute
approved by the City and incurred by a bargaining unit member covered by this Agreement who is
found to have sustained a compensable line -of -duty injury provided the bargaining unit member
and/or supervisor gives notice to Risk. Management, or Third Party Administrator as provided for by
the Workers° Compensation Laws of the State of Florida. If the bargaining unit member fails to
provide the required notice, he/she will waive any supplemental benefits over and above what is
provided for by the workers' compensation laws. However, the parties agree to establish a Police
Labor/Management Committee to establish policies and to determine how to provide medical
treatment and equipment, etc. medically equivalent to that prescribed, by the most efficient and cost
effective means to curtail excessive medical costs for accepted claims in the following areas:
Health Club and Country Club memberships
Capital improvements on the home
Transportation
Medical equipment for home use
The Police Management Committee shall consist of one member appointed by the FOP
President, one member appointed by the Chief of Police, and one member selected by these two
individuals. An individual appointed by the Director of Risk Management will serve as a technical
advisor and liaison with the medical community.
Any additional medical and hospitalization requested outside the provisions of Chapter 440,
Florida Statutes, will be considered on a case —by —case basis at the sole discretion of the City. The
decision to provide additional benefits will be based on: 1) whether the treatment is deemed
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
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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
intendedto provide the bargaining unit memberwith 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.
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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 further performance of the duties of
his/her classified position then at the end of one hundred four (104) weeks of disability, he/she is
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considered to have reached statutory maximum medical improvement and is required to petition the
retirement board for retirement, otherwise he/she must:
• Request for a ninety (90) day unpaid leave of absence under the Family Medical Leave
Act (FMLA);
• Apply for another City position;
• Resign;
• Be dismissed by Department Action
The supplementary salary of the difference of 2/3 "D" as described above shall continue until the
F.I.P.O. board concludes the hearing with a final determination. 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 full duty with reasonable accommodations, the bargaining unit member may request to be allowed
to work on a temporary basis. The request shall be made in writing and directed to the City Manager
or designee. Granting this request is based upon the medical restrictions placed by his/her City
approved attending physician and available assignments.
The Department at its discretion may maintain up to a total of 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
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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.
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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 be terminated.
9.7 Deductions on Workers' Compensation Payments Plus Supplementary Salary
In the event the line of duty injury entitles the bargaining unit member to a workers'
compensation benefit and a supplementary benefit, the bargaining unit member shall authorize the
City to combine the two (2) payments and additionally authorize that the City continue to make
regular payroll deductions as follows:
1. First Level: Federal and State mandated deductions (for example, Medicare, social
security, withholding, and child support or garnishments).
2. Second Level: Pension contributions (the amount of the pension contribution shall be
based on earnable compensation as defined by Miami Code Section 40-191), medical and life
insurance contributions.
3. Third Level: A weekly amount of eighty eight dollars and ninety five cents ($88.95)
(one hundred and seventy seven dollars and ninety cents ($177.90) bi-weekly) deducted from
supplementary salary while on workers' compensation. Should the bargaining unit member receive
supplementary and workers' compensation pay for less 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.
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4. All others voluntary deductions: The City is not obligated to make deductions to pay for
providers or creditors if the workers' compensation benefits plus the supplementary salary does not
cover the amount of the deduction. Any and all deductions after Level #1 will be made on the
bargaining unit member's behalf to the extent that sufficient funds are available. If there are not
sufficient funds available, the bargaining unit member will be responsible for making those payments
directly to those providers and creditors who would have otherwise been paid through the payroll
deduction process.
5. Without written consent for those deductions outlined above, the City will not make any
regular salary deductions other than those mandated by law and the bargaining unit member will be
responsible for all regular deductions including but not limited to pension contributions, medical and
life insurance benefits.
No supplementary salary will be paid to anyone injured while performing an act intended to
injure or hurt one's self or another.
9.8 The parties agree that where a bargaining unit member resides outside the jurisdictional limits
of the City of Miami and the said bargaining unit member is injured going to or 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 entitled "State
Uniform Traffic Control."
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Article 10
NOTICES
10.1 The City agrees to provide in a timely fashion to the F.O.P. President or designee the
following notices or bulletins: City Commission Agenda, Civilian Investigative Panel Agenda, and
Civil Service Board Agenda, Supervisors report of injury within one week of the incident being
reported or any other material which the City Manager or the Director of the Department of Human
Resources determines would affect the terms and conditions of employment of the bargaining unit
members of the F.O.P. The F.O.P. President may, within reason, request other materials,which would
affect the terms and conditions of employment of the bargaining unit members of the F.O.P.,
excluding exempt materials under the Public Records Act.
10.2 Such notices and bulletins will be delivered to the F.O.P., or may be picked up at the
Department of Human Resources, Division of Labor Relations during normal working hours.
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Article 11
BULLETIN BOARDS
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 member on the City E-Mail system upon approval of the Chief, whose decision is not subject to
the grievance procedure.
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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. 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 Board's Chairperson.
Any decisions by the Board or any policies established by the Board are not arbitrable under this
Collective Bargaining Agreement. The Board does not possess adjudicator or quasi-judicial powers.
As such, its hearings are non -adversarial in nature; 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. The bargaining unit
member appears before the Board voluntarily at his/her request and is entitled to representation of
his/her choice. A bargaining unit member may be represented by a 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. Only sworn bargaining unit members, who have been served with a notification of
suspension, demotion or dismissal are entitled to a hearing before the Board. A bargaining unit
member who wishes to have a hearing before the Board must submit a request in writing within ten
(10) working days of the receipt of a disciplinary action. The Board shall consist 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.
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12.2 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.
12.3 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 60 calendar
days, unless in the sole discretion of management a further continuance of the Department
Disciplinary Review Board would be approved.
12.4 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.
12.5 Bargaining unit members and the Department may not call witnesses before the Board.
12.6 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 represented by an attorney at
the pre -disciplinary meeting. Anything said at the pre -disciplinary meeting by any party is
confidential and cannot be discussed or disclosed with anyone outside of the hearing or at any future
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legal, administrative, and/or grievance proceeding. A bargaining unit member electing a pre -
disciplinary meeting understands and agrees that he/she may be asked questions about the pending
discipline at such meeting, but that the employee's answers or responses to such questions are
confidential. The Parties agree that any agreements entered during a pre -disciplinary meeting do not
establish a past practice or prevailing benefit and cannot be utilized by the Parties in a future
proceeding except for the purposes of establishing progressive discipline against the employee
signing the agreement.
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Article 13
RECALL AND COURT TIME
13.1 If a bargaining unit member is recalled to work he/she shall be paid from the time of
notification in accordance with Article 15, Overtime/Compensatory Time.
13.2 If a bargaining unit member is required to attend court or other proceeding arising out of the
course of his/her official duties at a time other than his scheduled work shift, he shall be paid a
minimum of four (4) 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 four (4) hours Recall shall not apply.
13.4 A bargaining unit member eligible for overtime, attending court or other proceedings arising
out of the course of their official duties one (1) hour or Less before the start of their scheduled tour of
duty shall receive one (1) hour of overtime.
13.5 A bargaining unit member eligible for overtime for attending court or other proceedings
arising out of the course of their official duties one (1) hour or less after the end of their scheduled
tour of duty shall be paid at their overtime rate, consistent with Article 15 - Overtime/Compensatory
Time for the time period starting from the end of the bargaining unit member's work shift to the end
of court or any other proceeding arising out of the course of his/her official duties proceeding or for
one (1) hour, whichever is greater.
13.6 A bargaining unit member who is required to attend court or any other official proceeding
arising out of the course of his/her official duties for a period which is greater than one (1) hour and
less than or equal to four (4) 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
34
four (4) hour minimum or for the number of hours elapsed from the scheduled end of his/her tour of
duty to the end of the court proceedings, whichever is greater.
13.7 Bargaining unit members who are on authorized disability or sick leave, and are obligated
to have a physical prior to reporting for work, shall not receive call -in or overtime pay.
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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 off 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), civil disturbances, acts of God, and other emergency situations
as determined by the Chief of Police.
14.3 If a transfer under this Article is part of a disciplinary action, the member may appeal the
transfer as part of the discipline through the disciplinary process.
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Article 15
OVERTIME/COMPENSATORY TIME
15.1 For the term of this Agreement bargaining unit members shall be paid one and one half (1
%2) times their regular rate of pay for all work performed in excess of a bargaining unit member's
normal work day or in excess of a bargaining unit member's normal work week, and shall be
considered overtime work.
15.2 Bargaining unit members performing compensable overtime work shall, at their discretion,
be paid time and one-half (1'/2) at their straight time hourly rate of pay or shall be given compensatory
time at the rate of time and one-half (1'/2) for such work. This overtime rate shall be all-inclusive and
no additional compensation in the form of additional holiday pay, etc., shall be paid.
15.3 The parties agree that the daily overtime requirements as set forth in this contract shall not
apply in any future FLSA litigation concerning a matter for which daily overtime is not currently paid
or for off -duty maintenance of any take home equipment used in the scope of employment. Practices
instituted by management are not subject to the foregoing sentence.
15.4 The maximum accumulation of compensatory time hours is three hundred (300). Any hours
in excess of three hundred (300) 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. 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
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"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 The parties agree that a maximum of two hundred (200) total hours overtime hours will be
used in the computation of arriving at average earning for purposes of establishing pension benefits,
but additional overtime hours shall not be used in the computation of arriving at average earnings for
purposes of establishing pension benefits.
15.6 The parties agree that assignments of overtime work shall rest solely with the Chief of
Police.
15.7 The parties agree that the assignment of overtime work is on an involuntary basis and any
bargaining unit member refusing assignment of such work is subject to disciplinary action as deemed
appropriate by the Chief of Police.
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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.
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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 compensatedat the rate of time and one-half
of the bargaining unit member's normal rate of pay with a minimum of four (4) hours.
17.2 Standby is defined as receiving instructions from authorized personnel to remain at a
specific location for a stated period of time.
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(PLEASE REFER TO THE ATTACHED MOUs FOR SECTIONS 18.4,18.9, AND 18.21)
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, 2024, bargaining unit members will receive a one percent (1%) across the board
increase to their base wages. Effective October 1, 2025, bargaining unit members will receive a two
percent (2%) 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 commensurate with their years of prior law
enforcement experience:
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0 — 2 years experience Step 2
2 — 4 years experience Step 4
4 — 6 years experience Step 6
6 years or more experience Step 8
Newly hired bargaining unit members shall complete six (6) months of satisfactory
performance in the Field Training Officer (F.T.O.) program, which includes four (4) months riding
with a field training officer and two (2) months riding solo, and further complete six (6) months in
full -duty status withsatisfactory performance. The period of probationary service shall not be less
than twelve (12) months nor more than eighteen (18) months, unless extended by the department.
18.5 Upon retirement (all kinds, including vesting), bargaining unit members shall receive a
retroactive salary increase of five percent (5%) for the bargaining unit member's last or highest one
(1) year's salary.
The five percent (5%) salary increase shall be reflected in the hourly pay rate for the purpose
of calculating leave balance payoffs. The five percent (5%) salary increase shall not be applicable to
overtime.
18.6 Any City of Miami employee, unless a former City of Miami police bargaining unit member
as specified in 18.6, who transfers or is hired as a police officer into the City of Miami Police
Department as a uniformed bargaining unit member shall be placed at a step in accordance with
Appendix A, and serve a probationary period as specified in Section 18.3 above.
18.7 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.
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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.
18.8 Effective the first full pay period following October 1, 2023, 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-weekly basis) on
their base rate of pay. Captains of the below listed assignments are not eligible for this pay
supplement.
A. Neighborhood Resource Officer
B. Mounted Unit/Motors/K-9
C. "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
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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.
1. Qualifications
(a) Not less than fifteen (15) consecutive years of service as a sworn police
officer or sergeant in the department.
(b) Currently assigned, and no less than previous two (2) consecutive years
assigned as a police officer (investigator) or sergeant (investigator).
(c) No evaluation below satisfactory.
(d) No sustained IA investigations with a reprimand as discipline within the
past two (2) years.
2. Under the below listed circumstances, bargaining unit members receiving Police
Officer (Investigator) or Sergeant (Investigator) pay shall forfeit such pay when:
(a) Transferred out of the position of Police Officer (Investigator) or Sergeant
(Investigator),
(b) Promoted,
(c) Relieved of duty or administratively reassigned (temporary loss during
period).
3. Application for Police Officer (Investigator) or Sergeant (Investigator)
supplementary pay, shall be the responsibility of the bargaining unit member
and shall be made via a red -line memorandum submitted through channels to
the chairperson of the Police Officer (Investigator) and Sergeant (Investigator)
Committee.
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4. Police Officer (Investigator) and Sergeant (Investigator) pay committee shall be
comprised of one F.O.P. representative, one Department representative assigned
to the Investigations Division, and one representative chosen by the first two (2)
members. The committee's function will be to review applications for
recommendations of approval or denial to the Chief of Police for final approval.
The committee shall also review appeals and disputes arising out of the granting
or forfeiting Police Officer (Investigator) and Sergeant (Investigator) pays. The
committee shall establish its own rules and procedures.
D. Certified Underwater Recovery Specialist Diver Assigned to the Marine Patrol Unit.
E. 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.
18.9 Bargaining unit members active in the below listed assignments shall receive a pay
supplement as indicated:
A. Certified Instructors (CJIS) assigned to MPD Training Unit-- two 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.
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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 Patrol 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.
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(c) Currently assigned, and no less than previous two (2) consecutive
years assigned to uniform NET as a Sergeant.
(d) No evaluations below satisfactory.
(e) No sustained IA investigations with a reprimand as discipline
within the past two (2) years.
2. Under the below listed circumstances, bargaining unit members receiving
"Senior Uniform Patrol Officers" or "Senior Uniform Patrol Sergeant" pay
shall forfeit such pay when:
a) Transferred out of the 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
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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 pay period following October 1, 2023, bargaining unit members
who hold the classification of Tactical Robbery Unit/Felony Apprehension
Team/Domestic Violence Apprehension Team shall receive five (5%) pay incentive.
I. Effective the first full pay period following October 1, 2023, bargaining 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%) pay incentive (to be prorated and paid on
a bi-weekly 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 Field Operations Division.
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
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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.
18.12 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.
18.13 Any bargaining unit member, upon normal retirement from City service, or separating under
honorable conditions, as determined by the Chief of Police in his/her sole discretion, who has served
for a period of twenty-five (25) years or more, shall be granted, at the time of his/her normal retirement
or honorable separation one hundred seventy-three and three tenths (173.3) hours of pay, provided
such pay shall not be included in calculating a bargaining unit member's average earnings for pension
purposes.
18.14 Any pay supplements received shall be calculated on the bargaining unit member's base rate
of pay. Pay supplements shall not be included in bargaining unit member's base rate of pay for
purposes of 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.
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18.15 Effective the first full pay period following October 1, 2023, shift differential supplemental
pay shall be paid at a rate of 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
earnings for pension purposes.
18.16 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.
18.17 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.
18.18 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- $1,800
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.
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18.19 Any pay supplement, additive or extra pay that is paid because of a bargaining unit member
possessing a particular certification, appointment, assignment, etc., shall cease to be paid effective
the date the bargaining unit member no longer possess the certification, appointment, assignment, etc.
18.20 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, all bargaining unit members in good standing (not relieved of duty
for any reason) shall receive anniversary incentive pay of five percent (5%) on the member's fifteen
(15) year anniversary, and 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
member's thirty (30) year anniversary. The anniversary incentive pay at years 15 and 20 shall be
included in pension calculations of earnings. The anniversary incentive pay at years 25 and 30 shall
not be included in pension calculations of earnings.
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Article 19
TOTAL AGREEMENT
19.1 The parties agree that this Collective Bargaining Agreement represents the total agreement
for terms and conditions of employment during the life of this contract and no request shall be made
to increase other bargaining unit member benefits through the Civil Service Board, the Mayor, or the
City Commission during the life of this Collective Bargaining Contract.
19.2 Such Agreement precludes the initiation either directly or indirectly of any municipal
legislation which would result in the alteration or cost increase of the benefits agreed to in this
Collective Bargaining Agreement or to increase the cost of other bargaining unit member benefits not
specifically provided for in this Collective Bargaining Agreement.
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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 ten
(10) hours holiday pay (or the number of hours worked during shift, whichever is greater) time and
one-half (1 Y2) of their straight time hourly rate or shall be given scheduled compensatory time at the
rate of time and half (1 %2) but such pay for a holiday worked shall not be paid in addition to overtime
pay.
20.4 All conditions and qualifications outlined in Article 15, titled "Overtime/Compensatory
Time," shall apply to this Article. Hours of earned time accumulated under this Article, when added
to the compensatory time earned under the Article titled "Overtime/Compensatory Time," shall not
exceed three hundred (300). Those bargaining unit members who are assigned to administrative
positions shall observe holidays on the same dates as the civilian employees of the City.
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Article 21
Blank page (Reserved)
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(PLEASE REFER TO THE ATTACHED MOUs FOR SECTIONS 22.1 AND 22.6)
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 $600.00 for needed unform 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 shall be provided upon request by a bargaining unit member upon
reaching manufacturer's expiration date or through such police related actions that makes the vest no
longer safe for use as determined by the Chief of Police or designee. The bargaining unit member is
responsible for requesting the initial 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.
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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 transfers exceeds thirty (30) consecutive working days. Bargaining unit
members authorized to receive a clothing allowance as specified in this section may select, after their
third (3rd) allotment of clothing as provided in Section 22.1 and thereafter, one (1) shirt and one (1)
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trouser or a combination of uniforms and leather accessories from a list provided by the department,
not to exceed ninety dollars ($90). 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 department issues cell
phones.
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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
accordance with Chapter 447, Florida Statutes.
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Article 24
GROUP INSURANCE
24.1 The City agrees to pay six dollars and ninety-two cents ($6.92) per pay period toward the
cost of life insurance and accidental death and dismemberment coverage as currently enjoyed by
bargaining unit members. Life insurance and accidental death and dismemberment costs shall not be
considered in the total plan costs and payment shall be calculated separately from the City's
contributions to the total plan cost.
24.2 The F.O.P. plan participants shall contribute thirty five percent (35%) of the plan costs to the
F.O.P. Health Trust. The City shall contribute sixty-five percent (65%) of the total plan cost. Total
plan costs shall be determined on an annual basis by sound accounting practices and projections from
a firm engaged by the F.O.P. Trust. The City reserves the right to conduct its own Actuarial and plan
review to evaluate plan management and to verify the projections submitted by the F.O.P. Health
Trust at no cost to the plan. Upon request, the F.O.P. Health Trust agrees to provide the City's
designee and/or benefit consultants with all pertinent plan projections, plan design, and vendor
arrangements. If there are any discrepancies between the findings of the City and the plan's
management and projections of the Trust's Actuary which cannot be resolved, a mutually agreeable
third party Actuary shall review the findings from both parties and render a decision. The decision
of the third party Actuary shall be final and binding with regard to the determination. The third party
Actuary will be a member of the Academy of Actuaries with the designation of Member of the
Academy of Actuaries Association (MAAA) or a Fellow of the Academy of Actuaries Association
(FAAA). The cost of the third party will be shown as a cost to the F.O.P. Health Trust and the City
will pay sixty five percent (65%) as part of the total plan costs and the F.O.P. Health Trust shall pay
35%. To the extent there is an impact on the Trust due to the "Government Accounting Standards
Board ("GASB") issued Statement No. 45, such impact will be excluded from the funding
calculations for total plan cost as stated in the collection bargaining agreement.
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The City reserves the right to request monthly claims reports for monitoring purposes and
to conduct a projection analysis and plan review should the F.O.P. Health Trust fund drop below three
million dollars ($3,000,000) at any time during the plan year in determining contribution adjustments.
Plan adjustments will be made no more than once a year and implemented at the beginning of each
calendar year.
Based on the agreed projected total plan costs, the City shall contribute sixty five percent
(65%) paid in equal bi-weekly amounts during the Plan year.
The F.O.P. agrees that the City Manager has the right to appoint a representative to act as a
non -voting member of the F.O.P. Health Trust Board to attend all regular and special meetings,
including, but not limited to meetings with regard to plan design, plan costs, utilization, experience,
and plan projection for upcoming plan years, and legal discussions pertaining to the F.O.P. Health
Trust that do not involve the City of Miami. The appointed representative will sign a confidentiality
agreement and follow the plan's rules and guidelines. HIPAA certification is required by the City's
designees to attend these meetings, therefore, the F.O.P. agrees to provide such certification training.
24.3 If the total F.O.P. Health Trust fund drops below three million ($3,000,000.00) over the
combined twelve (12) months of each of the Funds' Fiscal Years, then the City agrees to reimburse
the F.O.P. Health Trust for the difference bringing the F.O.P. Health Trust fund balance up to the
three million ($3,000,000.00) level. Should a reimbursement be necessary, the City shall pay the
difference to the F.O.P. Health Trust within thirty (30) days of receiving notice of the specified Fiscal
Year based on the Funds' 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.
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Should the Fund level exceed six million ($6,000,000.00) dollars at the end of each Fund
fiscal year then the F.O.P. Health Trust's total plan costs for the upcoming plan year shall be reduced
by the excess amount over six million ($6,000,000.00) dollars.
The benefit levels of the F.O.P. Health Trust shall not be changed if such changes would
result in increased liability to the City in maintaining the three million ($ 3,000,000.00) level.
24.4 The F.O.P. shall maintain its own group health, life, and accidental death and
dismemberment insurance plan. All current, future, and retired sworn police bargaining unit members
shall be eligible to participate in the F.O.P.'s plan, but shall forfeit the right to participate in the City's
plan.
24.5 Upon request, the F.O.P. and its insurance plan administrator shall permit the City to review
any records related to the F.O.P.'s health insurance plan.
24.6 The F.O.P. shall indemnify, and hold the City harmless, against any claim, demand, suit, or
liability and for all legal costs arising in relation to the implementation or administration of the
F.O.P.'s health insurance plan.
24.7 The F.O.P. agrees to enroll sworn management personnel in its plan if those individuals
elect such coverage.
24.8 If there is a dissolution of the F.O.P. Health Trust, all plan participants under the F.O.P.
Health Trust will maintain the right to elect coverage under the City's current Health Benefit Plan.
Additionally, the final dissolution of the F.O.P. Health Trust and distribution of any assets existing
after all eligible claims are paid will be made jointly and agreed to by the City of Miami and the
F.O.P. Health Trust Administration.
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Article 25
DUES CHECK OFF
25.1 The City agrees to deduct F.O.P. membership dues in an amount established by the F.O.P.
and certified in writing by an accredited F.O.P. Officer to the City from the pay of those bargaining
unit members in the bargaining unit who individually make such request on a written check off
authorization form provided by the City. Such deduction will be made by the City when other payroll
deductions are made and will begin with the pay for the first full pay period following receipt of the
authorization by the City.
25.2 The City shall remit deductions of dues during the week following each biweekly pay period
to a duly authorized representative as designated in writing by the Union. The F.O.P. shall remit to
the City the amount of five hundred dollars ($500.00) per payroll year for administrative cost. This
amount shall be payable in full at the beginning of each payroll year.
25.3 In the event a bargaining unit member's salary earnings within any pay period, after
deductions for withholding, Social Security, retirement, group health insurance, and other priority
deductions, are not sufficient to cover dues it will be the responsibility of the F.O.P. to collect its dues
for that pay period directly from the bargaining unit member.
25.4 Deductions for the Union dues shall continue until either:
A. Revoked by the bargaining unit member by providing the City with thirty (30) days'
written notice that he is terminating the prior check off authorization,
B. The separation of employment of the authorizing bargaining unit member,
C. The transfer, promotion, demotion of the authorizing bargaining unit member out of
this bargaining unit,
D. The revocation or suspension of dues deduction as certified by the duly authorized
Union representative or,
E. The decertification of the F.O.P. as the bargaining unit.
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25.5 The Union shall indemnify and hold the City, its officers, officials, agents and employees
harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal costs
arising from any acts or omissions of the City, its officials, agents and bargaining unit members in
complying with this Article. The F.O.P. shall promptly refund to the City any funds received in
accordance with this Article that are in excess of the amount of dues which the City has agreed to
deduct.
25.6 This Article applies only to the deduction of membership dues and shall not apply to the
collection of any fines, penalties, or special assessments.
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Article 26
F.O.P. TIME POOL
A F.O.P. time pool is hereby authorized subject to the following:
26.1 The City agrees to establish a time pool bank of seven thousand (7,000) hours per fiscal year
to be used in accordance 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
determined by the Chief of Police, or designee, but such release shall not be unreasonably denied. If
because of the needs of the service a bargaining unit member cannot be released at the time desired,
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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.:
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
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represent the F.O.P.; however, the designee must comply with Section 26.2 of this
Article.
C. The Time Pool will be charged for all hours during which the F.O.P. President and
the two (2) designees are on off -duty release except that absence due to use of
vacation leave, sick leave, holidays, or compensatory leave will be charged to the
President and designee's leave accounts.
26.7 All applicable rules, regulations and orders shall apply to any bargaining unit member on
time pool release. Violations of the above -mentioned rules, regulations and orders shall subject the
bargaining unit member on pool time to the regular disciplinary processes currently provided for in
the Miami Police Department.
26.8 The City reserves the right to rescind the provisions of this Article in the event any portion
of the Article is found to be illegal, but shall not preclude further negotiations of future bargaining
unit member pool time.
26.9 Members of the bargaining unit who are elected executive officials of the Fraternal Order
of Police shall be permitted to attend one meeting each month of the Fraternal Order of Police without
loss of pay subject to prior knowledge and approval of the Chief of Police. Pay for elective officials
who are on duty shall be charged against the F.O.P. Time Pool. The monthly meetings shall be limited
to two (2) hours and shall involve no more than eleven (11) executive officials.
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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 grievable or arbitrable under the provisions of Article 6
(Grievance Procedure), but shall be subject to the method of review prescribed by law or by rules and
regulations having the force and effect of law.
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Article 28
BEREAVEMENT LEAVE
28.1 Any bargaining unit member covered by this Agreement may, in the case of death in the
immediate family, be authorized up to a maximum of forty (40) hours of paid leave. Said paid leave
time shall be utilized by the bargaining unit member within fourteen (14) calendar days from the date
of the immediate family member's death. The immediate family is defined as father, mother, sister,
brother, husband, wife, domestic partner (who meets the criteria of the FOP Health Trust), children,
father-in-law, mother-in-law, grandparents, spouse's grandparents, stepfather, stepmother and/or legal
guardian as specified by court documentation submitted to the Department of Human Resources,
Division of Labor Relations. Within thirty (30) calendar days from the date the bargaining unit
member returns from a death in the family, the bargaining unit member will file a copy of the death
certificate of the deceased family member. Said death certificate will be attached to the form provided
by the City and submitted to the Department of Human Resources. Failure to produce the death
certificate will result in the bargaining unit member reimbursing the City for any paid leave taken
under this Article. Any bargaining unit member found to have falsified his application for a "K" day
will be disciplined up to and including dismissal.
28.2 It is understood that under certain circumstances the bargaining unit member will be unable
to obtain a death certificate. In this event, in lieu of a death certificate, the bargaining unit member
shall submit a notarized statement and/or a newspaper account showing the death and the relationship
of the deceased to the bargaining unit member and/or other appropriate criteria as deemed appropriate
by the Department of Human Resources, Division of Labor Relations.
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Article 29
COMMENDATION PAID LEAVE
29.1 The Chief of Police, upon approval of the City Manager or his designee, may grant up to
forty (40) hours of paid leave to any bargaining unit member whose job performance is of such an
exemplary or heroic nature as to warrant this special consideration. This Article shall not be subject
to the Grievance Procedure or arbitration.
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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 member's own
serious health condition, eligible deployment/return from deployment rights or any other FMLA
eligible event.
30.3 Upon approval of the Chief of Police, and the City Manager or his/her designee, a leave of
absence without pay, for a period not to exceed six (6) months, may be granted for the purpose of a
bargaining unit member entering upon a course of training or study directly related to the bargaining
unit member's job, expected improve the quality of the bargaining unit member's service to the City.
Upon request, such leave of absence without pay may be extended for an additional six (6) months
upon the approval of the Chief of Police and the City Manager or his/her designee.
Any bargaining unit member requesting leave of absence without pay under this Section
shall submit to the Chief of Police evidence of registration upon entering each quarter/semester of
school.
30.4 Upon approval of the Chief of Police, and the City Manager or his/her designee, a leave of
absence without pay may be granted for a period not to exceed ninety (90) days. Approval or denial
of said leave of absence without pay is at the sole discretion of the City Manager or his/her designee
and shall not be reviewable through the Grievance Procedure, including arbitration, or appealable to
Civil Service Board.
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30.5 Bargaining unit members who desire to take a leave of absence without pay for any reason
specified in this Article, excluding serious health condition, must first use all accrued vacation, sick
and compensatory leave prior to taking a leave without pay. A bargaining unit member requesting
leave without pay for a serious health condition under the Family and Medical Leave Act must first
use all sick, vacation, and compensatory leave prior to taking leave without pay.
30.6 Unless required by law, bargaining unit members who take a leave of absence without pay
pursuant to this Article shall not accrue seniority or leave time. At the expiration of a leave of absence
without pay, the bargaining unit member shall be returned to the position vacated when said leave of
absence without pay was granted unless otherwise prohibited by physical limitations. Leave of
absence without pay during the required probationary period of service shall extend the probationary
period equal to the length of time used during the said leave of absence without pay.
30.7 The acceptance of another position or engaging in other employment by the bargaining unit
member while on a leave of absence without pay shall constitute an automatic voluntary resignation
from the service of the City of Miami without right to review through the Grievance Procedure,
including arbitration, or by Civil Service, a court of law, administrative agency, other governmental
body or any other authority. Such resignation may only be appealed to the Director of Employee
Relations or designee who will meet with the F.O.P. President and if the parties do not agree on
rescinding the resignation, the resignation shall be final and binding as of the date the employee
accepted another position or engaged in other employment as described herein.
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Article 31
VACATION
31.1 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. If a bargaining unit member is employed prior to the 15th of the month, it shall be considered
as a full month of service and count in prorating vacation.
31.2 Earned personal leave shall no longer be credited to bargaining 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 104 hours
6 10 years 144 hours
11 --- 15 years 164 hours
16 ---20 years 184 hours
21 ---25 years 204 hours
26 --- and over 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 three hundred (300) hours
of the previous year's credited vacation. Any excess vacation over the three hundred (300) 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 three
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hundred (300) 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 three hundred (300) 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 from City service
the bargaining unit member shall be paid for all earned vacation at the bargaining unit member's
hourly rate.
31.7 Request for vacation payout shall be submitted to the Department of Human Resources,
Division of Labor Relations for approval. Approval may be granted for emergencies or extraordinary
circumstances. Proper backup documentation shall be submitted with the request for payment to the
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Labor Relations/Assistant Director, Department of Human Resources whose decision is final.
Decisions of the Labor Relations/Assistant Director, Department of Human Resources are not
appealable in any forum.
31.8 Vacation leave cannot be used in lieu of sick leave unless otherwise indicated in this
Agreement.
31.9 Bargaining unit members who retire upon normal service 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 from the City of Miami to convert any portion of their
accumulated vacation time to sick time at the time of severance of service.
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Article 32
BLOOD DONORS
32.1 Bargaining unit members covered by this Agreement who volunteer as blood donors to
contribute to City approved Blood Donor Organizations will be authorized the absence necessary to
accomplish this purpose. The Blood Donor Organization's personnel will determine what amount of
time the donor will need from the point of donation till they are released to go back to work.
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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 ten (10) 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 shall be substituted for sick leave at the bargaining unit member's
request, only when a bargaining unit member has depleted all of his/her sick leave bank and provides
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proper medical documentation for the hours of missed work to the Police Department's health service
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 (1,200) hours
and fifty percent (50%) of accumulated sick leave above one thousand two hundred (1,200) 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.
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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, the conversion of sick
time to vacation time shall be at the rate of one hundred percent (100%) of accumulated sick leave up
to one thousand two hundred (1,200) hours and fifty percent (50%) of accumulated sick leave above
one thousand two hundred (1,200) 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
(1,200) hours* and fifty percent (50%) of accumulated sick leave above one thousand two hundred
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(1,200) 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 1,200 hour limitations set forth in Section
33.15.
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Article 34
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
34.1 In an effort to identify and eliminate on or off duty controlled substance abuse and on duty
alcohol abuse, a bargaining unit member will be ordered to undergo a urinalysis and/or breath 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 may, in the City's sole and exclusive discretion, be directed
to undergo a urinalysis and/or breath test immediately unless there are
compelling reasons to wait until the next tour of duty or the next morning,
whichever occurs first.
C. Where a staff level officer has a reasonable belief that a bargaining unit member is
under the influence of alcohol on duty, or off -duty, while driving a City vehicle or
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rented City vehicle, or while covered for portal to portal pay for workers'
compensation.
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 Intoxilyzer site chosen by
the City.
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.
34.3 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, testing laboratory or any other accredited and/or certified location
("Approved Testing Location"), as chosen by the City. The Approved Testing
Location 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
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or confirmation test. A positive result shall be a concentration in excess of the
following:
Initial Test Level (ng/ml) GC/MS Level (ng/ml)
Anabolic Steroids In accordance with industry
standards
Cannabis (Marijuana) Metabolites 50 15
Cocaine Metabolites 300 150
Opiate Metabolites 2000 In accordance with levels
specified by Department of
Human Services Federal
Register, Part III, dated April
13, 2004.
Phencyclidine 25 25
Amphetamines 1000 500
Methaqualone 300 150
Methadone 300 150
Propoxyphine 300 150
Tricyclic Antidepressants 300 150
Ketamine 25 —until Federal and State
"Industry Standards" are
established
Gamma-hydroxybutyrat 150 until Federal and
State "Industry Standards"
are established
Methylenedioxymethampetamine 300 150
(MDMA, Ecstasy)
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(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 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
Approved Testing Location premises during the collection procedure, provided that
the test will not be postponed for more than sixty (60) minutes. A telephone call will
be made to the F.O.P. President advising of said pending test, but in no instance will
the sixty (60) minute waiting rule be waived.
F. Any test showing a "positive" result will be confirmed by the Gas
Chromatography/Mass Spectrometry (G.C.M.S.) method or other industry standard
method before administrative action is commenced, by testing the second portion of
the sample tested.
G. Pursuant to applicable law, a medical review officer (MRO) shall notify the
Bargaining unit members of a positive result. Notice to the bargaining unit member
of the test being positive shall be considered to have been served upon the bargaining
unit member by the MRO upon oral communication.
H. All chemical tests shall be conducted as soon as practical, preferably the same day.
I. The F.O.P. will be advised of passed or failed tests to the extent that the releasing of
such data is not inconsistent with Federal or State laws regarding the privacy of said
test, unless the individual involved does not want the test results released to F.O.P.
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34.4 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.
34.5 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.
34.6 Any positive test for a controlled substance which is confirmed by G.C.M.S. or better testing
shall result in discipline up to and including dismissal. The bargaining unit member refusing to be
tested shall be placed on leave without pay pending the final determination.
34.7 Any positive test of alcohol which is confirmed shall result in discipline up to and including
dismissal. The bargaining unit member refusing to be tested shall be placed on leave without pay
pending the final determination.
34.8 In the event that the results of the urinalysis/blood test are positive for formerly prescribed
medication which the bargaining unit member is no longer prescribed, 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.
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34.9 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 of the
rehabilitation program, including any after -care program, the employee shall be terminated
from his/her employment with the City.
C. Effective upon ratification of the labor agreement, employees cleared to return to work by
rehabilitation administrators, shall be subject to substance screenings at management's
discretion for a period of two (2) years from the date the employee returned to work. The City
will be limited to a maximum of six (6) screenings per twelve (12) month period. Employees
tested shall be entitled to a second or confirmatory test as outlined in this article. Bargaining
unit members who decline to offer a sample for the confirmatory test shall have the reserve
portion of the first sample utilized as outlined by this article. Bargaining unit members who
test positive to a confirmatory test shall be terminated from employment with the City.
D. Effective upon ratification of this agreement, bargaining unit members will be entitled to
one chance at a successful rehabilitation during their employment with the City. Bargaining
unit members who have been through at least one (1) rehabilitation program, who are screened
shall be entitled to a separate second or confirmatory test as outlined in this article. Bargaining
unit members whose sample tests positive on confirmatory test shall be terminated from
employment with the City.
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Article 35
HEART BILL/PHYSICALS
35.1 Upon ratification of this collective bargaining agreement by both parties, bargaining unit
members who during the course of their employment with the City, demonstrate having any condition
or impairment of health caused by tuberculosis, heart disease, or hypertension resulting in total or
partial disability or death shall be presumed to have been accidental and to have been suffered in the
line of duty unless the contrary be shown by competent evidence. However, any such bargaining unit
member shall have successfully passed a physical examination upon entering into service as law
enforcement officer, which examination failed to reveal any evidence of any such condition. Such
presumption shall not apply to benefits payable under or granted in a policy of life insurance or
disability insurance, unless the insurer and insured have negotiated for such additional benefits to be
included in the policy contract. 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 employees. 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
tuberculosis, heart disease, or hypertension resulting in total or partial disability or death was
accidental and suffered in the line of duty, unless the contrary be shown by competent evidence.
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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 for payment of
such death benefits.
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Article 37
NON DUTY COURT APPEARANCE
37.1 Attendance in court in response to legal order or subpoena to appear and testify in private
litigation not in connection to bargaining unit member's official duty, but as an individual shall be
taken as vacation, compensatory leave, or leave of absence without pay.
37.2 Attendance in court in response to a subpoena to appear and testify in connection with a
bargaining unit member's official duty, including being called as a witness by the defense (excluding
testimony as a character witness) shall, if testimony is given while on duty be paid at the bargaining
unit member's straight hourly rate or, if testimony is given while off -duty be paid at one and one half
(1 Y2) times the bargaining unit member's straight time rate and considered overtime worked.
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Article 38
RESERVED
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Article 39
PENSION
39.1 The pension benefits and employee contributions of employees covered by this Agreement
shall remain unchanged as they presently exist as currently set forth in Section 40-191 through 40-
212, Miami City Code, of the City of Miami Firefighters' and Police Officers' Retirement Trust
("FIPO"), except as modified below.
Effective October 1, 2018, bargaining unit members who were vested into their pension
benefits on or before September 26, 2010, shall have the pension benefits in accordance with the
provisions of the 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 will remain eligible to participate in
the Backdrop Option set forth in section 39.3, below.
Employee pension contributions
The employee pension contribution will be seven percent (7%) of compensation for all employees
hired before October 1, 2012. For all employees persons hired on or after October 1, 2012, the
employee pension contribution shall be ten percent (10%) of compensation.
39.2 In the event the City decides to pursue the issuance of a securitized instrument as an asset to
FIPO, the City and the Union agree to negotiate a sharing arrangement for a portion of the savings.
39.3 BACKDROP option. A Backdrop benefit option shall be implemented on January 1, 2013.
Members remain eligible for the forward DROP, or in the alternative are eligible for the Backdrop.
90
(a) An eligible employee who elects the Backdrop option shall receive a monthly
Benefit payable on the employee's actual retirement date (date of retirement and
separation from City employment) based on the benefit the employee
would have received if he/she had left City employment and retired on an earlier
date after attaining normal retirement eligibility (the "Backdrop date"). In addition,
an eligible employee who elects the Backdrop option will receive a lump sum
payment equal to the accumulation of monthly retirement benefit payments he/she
would have received during the period following the Backdrop date through the
actual retirement date ("Backdrop period"), plus interest at the rate of 3% per year,
compound annually. An eligible employee may elect a minimum Backdrop period
of 1 year and maximum Backdrop period of up to seven years. An eligible employee
who elects the Backdrop option must select the normal form of benefit or an
optional form of benefit in accordance with section 40-203(m) at the time of
electing the Backdrop option. The employee's monthly benefit as well as the lump
sum payment under the Backdrop option is based on the form of benefit selected.
(b) Employees are eligible to elect the Backdrop option after completing one year of
creditable service following the normal retirement date. The maximum Backdrop
period is 7 years. Eligible employees who wish to elect the Backdrop option must
provide written notification to the Department Director and the Department of
Human Resources at least 8 months prior to the employee's retirement date;
provided a lesser notice period may be approved by the City Manager due to special
circumstances. Employees are not required to elect the Backdrop option.
(c) All or part of the lump sum payment under the Backdrop option may be rolled
over to an eligible retirement plan or IRA in accordance with federal law.
91
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 receive 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.
92
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 slots will be
staffed and bid. When one or more vacant slots need to be filled, personnel may be temporarily
assigned to cover staffing needs. Those bargaining unit members who are temporarily assigned will
come from bargaining unit members most recently transferred to Field Operations Division, laterals
from other Department, probationary officers/sergeants, and bargaining unit members who have not
yet bid for a permanent position. Temporary assignments will be for a period not to exceed twelve
(12) months.
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.
93
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 40.5 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 a period not to exceed twelve (12) months.
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
94
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.
95
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 Miami -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 $4,000 damage
Reasonable action
No injuries
Over $4,000 damage
No Loss
1 Month
Reasonable action 2 Months
96
Injuries
Unreasonable action
No injuries
Unreasonable action
Injuries
F. The above -mentioned sanctions will be imposed in addition to any disciplinary actions
that may be imposed by the City.
G. A bargaining unit member, whose twenty-four (24) hour vehicle is unavailable due to
maintenance, repairs, or damage, will not require the replacement of said vehicle on a
twenty-four (24) hour basis.
H. Departmental policy on the use and operation of police vehicles shall apply. To
facilitate the dissemination of information to bargaining unit members regarding
changes to Departmental policy on the use and operation of twenty-four (24) hour
vehicles, the Department agrees to notify the President of the F.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.
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.
3 Months
6 Months
97
J. The F.O.P. agrees that bargaining unit members are required to have routine
preventative maintenance performed on their assigned City -owned vehicle. The
officer's responsibility is limited to taking in their assigned vehicle for maintenance
as required in subsections 1) — 4), below. Those maintenance items that bargaining
unit members will be required to have performed on their vehicles, at the City's
expense, shall include the following:
1) Check and refill if necessary, power steering fluid, radiator coolant reservoir,
transmission fluid, and tire pressure.
2) Wiper blade inspection.
3) Lubricate chassis, hood, and door hinges.
4) Oil and oil filter change, (API Service SF/CC RPMHD -10 W-30 energy
conserving or 30-40 W).
(Motorcycle preventive maintenance shall include change of oil, change of all fluids,
and lubrication of chassis).
Such preventive maintenance shall be 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
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.
98
3. Loss of twenty-four (24) hour vehicle.
41.2 Vehicle maintenance will be performed only while the bargaining unit member is on duty.
Overtime pay requirements shall not apply concerning any matter for which overtime is currently not
being paid for off -duty preventive maintenance of assigned vehicles.
41.3 Vehicles determined to be unsafe to drive by the City will be taken out of service.
41.4 Departmental policy on damage of a City vehicle shall apply.
99
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 seven thousand
dollars ($7,000) 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:
100
A. The bargaining unit member must complete the Application for Tuition
Reimbursement form for each course provided by the Human Resources Department.
B. The bargaining unit member must complete the application and submit it to the Chief
of Police subsequent to registration and immediately prior to the semester start date.
C. 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, the bargaining unit member must
submit his/her final 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 final grade report and tuition fee receipt to the Human Resources 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 reimburse the
bargaining unit member for the City's share of the tuition reimbursement, in accordance with the
101
determination of the Human Resources Department. The Chief of Police will advise the Human
Resources Department of the bargaining unit member's satisfactory completion of the course.
102
Article 43
POST EMPLOYMENT HEALTH PLAN
43.1 The parties agree that the F.O.P. will establish the Fraternal Order of Police, Lodge #20,
Post Employment Health Plan ("PEHP"), consistent with current IRS Rules and Regulations.
43.2 Eligibility for membership, taxability, funding and administration of the PEHP, will be as
outlined in the PEHP Document.
43.3 The PEHP will establish individual accounts for each member in the PEHP.
43.4 Upon separation of service from the City all members will have their sick leave balances
calculated at their hourly rate of pay at time of separation and transferred to their PEHP accounts.
43.5 Any losses, charges or expenses incurred by the participant in the PEHP will be borne by
the participant and shall not be made up by the City of Miami, the F.O.P. or the PEHP.
103
Article 44
VACANCIES -PROMOTIONS
44.1 Promotions will be done if budgetarily and administratively feasible as determined by the City
Manager. When a classified permanent promotional vacancy occurs in any bargaining unit position,
it shall be filled within a reasonable period of time after establishment of the Eligible Register per the
Civil Service Rules. Filling of all sworn classified budgeted vacancies shall be in accordance with
the Civil Service Rules and Regulations, so long as they are not inconsistent with provisions of this
Agreement. All sworn classified budgeted vacancies shall be filled from the promotional register in
effect at the time the budgeted vacancy occurs. If a promotional register is not in effect, vacancies
will be filled from the next promotional register.
Promotions will be made upon the effective date of the budgeted vacancy for the classified
position. For pay and seniority purposes, if the City fails to promote within 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 91st 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 court order(s), judgment and/or order from the Department of Justice (DOJ) expressly
prohibiting the administration of an examination/promotion. Once a freeze is lifted, vacancies shall
be filled as outlined in 44.1. The City shall not abolish a sworn classified position for the sole purpose
of reclassifying to a sworn unclassified position.
104
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 if budgetarily
and administratively feasible to implement reclassification to the position of Police Captain.
44.3 The Department of Human Resources will keep the members of the bargaining unit covered
by this Agreement advised as to promotional opportunities within Article 1, Recognition.
44.4 Further, the Department of Human Resources Director via Official Bulletin of the Miami
Police Department and normal notification via the Employment Office will advise eligible applicants
for promotional opportunities of the general area to be reviewed for preparation prior to the exam.
44.5 All promotional registers for Police Sergeant, Lieutenant, and Captain shall remain in effect
for a period of two (2) years from the date the register becomes effective, unless the register is
exhausted. Upon ratification of this Agreement, once a promotional register is expired, a new
promotional register must be activated within one hundred and twenty (120) days. 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.
105
44.8 Bargaining unit members shall have sixty (60) days from the establishment of an eligible
register within which to file any challenge(s) to the promotional exam process with the Civil Service
Board, as a means of exhausting the member's administrative needs.
106
(PLEASE REFER TO THE ATTACHED MOUs FOR SECTION 45.1)
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, except where otherwise stipulated (for example, Article 18-Wage,
which has specific effective dates). The Agreement shall continue in force and effect until 11:59
p.m., September 30, 2026.
45.2 Unless mutually agreed otherwise, on or before Februaryl, 2026, 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 (ale) and new language will be underlined (sample).
45.3 On or before March 1, 2026, 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, 2026, 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
107
shall submit to the City Commission a proposed amendment to such law, ordinance or resolution.
Unless and until such amendment is enacted or adopted and becomes effective, the conflicting
provision of the Collective Bargaining Agreement shall not become effective. The City
Administration shall expedite such proposed amendments to the City Commission.
108
Agreed to this day of , 2023 by and between the respective parties
through an authorized representative or representatives of the F.O.P. and by the City Manager.
ATTEST:
ATTEST:
FRATERNAL ORDER OF POLICE
WALTER E. HEADLEY, JR.
M LODGE NO. 20
ON THE/PART OF THE CITY OF MIAMI,
MIAMI, ORID
APPROVED AS TO FORM
AND CORRECTNESS
7/.
CITY A R
109 PN11 30-,r�b -KoL
INDEX
ARTICLE PAGE
4-10 Work Schedule 39
Agreement 1
Bereavement Leave 68
Bid Process/Seniority 93
Blank Page 54
Blood Donors 75
Bulletin Boards 30
Commendation Paid Leave 69
Department Disciplinary Review Board 31
Discrimination 67
Dues Check Off 62
F.O.P. Time Pool 64
Family Medical Leave and Leave Without Pay 70
Grievance Procedure 11
Group Insurance 59
Heart Bi11/Physicals 86
Holidays 53
Investigatory Procedure 18
Line of Duty Injuries 22
Management Rights 7
No Strike 9
Non Duty Court Appearance 88
Notices 29
Overtime/Compensatory Time 37
Pension 90
Post Employment Health Plan 103
Preamble 2
Prevailing Benefits 58
Recall and Court Time 34
Recognition 3
Representation of the City 4
Representation of the F.O.P. 5
Reserved 89
Rules of Construction 17
Sick Leave 76
Standby 40
Substance/Alcohol — Personnel Screening 80
Sworn Officers Killed In the Line of Duty 87
Table of Contents i
Term of Agreement 107
Total Agreement 52
Transfers 36
Tuition Reimbursement 100
Uniform/Clothing Allowance/Cellular Phone Allowance 55
Vacancies -Promotions 104
Vacation 72
Vehicle Program 96
Wages 41
110
APPENDIX A
Effective Date
4/1/2024
Yrs of Service
Step
Police Officer
Police
Sergeant
Police
Lieutenant
Police
Captain
Police Recruit
01.POL
03.POL
05.POL
07.POL
00.POL
5005
5011
5012
5013
5003
0
1
31.2981
36.1493
41.7524
48.2240
29.8077
1
2
32.8630
37.9568
43.8400
50.6352
2
3
34.5062
39.8546
46.0320
53.1670
3
4
36.2315
41.8473
48.3336
55.8254
4
5
38.0431
43.9397
50.7503
58.6167
5
6
39.9453
46.1367
53.2878
61.5475
6
7
41.9426
48.4435
55.9522
64.6249
7
8
44.0397
50.8657
58.7498
67.8561
8
9
46.2417
53.4090
61.6873
71.2489
9
10
48.5538
56.0795
64,7717
74.8113
10
11
49.5249
57.2011
66.0671
76.3075
11
12
50.5154
58.3451
67.3884
77.8337
12
13
51.5257
59.5120
68.7362
79.3904
13
14
52.0410
60.1071
69.4236
80.1843
14
15
52.5614
60.7082
70.1178
80.9861
15
16
53.6126
61.9224
71.5202
82.6058
Yrs of Service
Step
Longev
ty (Based on Time
in Bargaining Unit)
15
25
54.6849
63.1608
72.9506
84.2579
20
30
55.7786
64.4240
74.4096
85.9431
111
(PLEASE REFER TO THE ATTACHED MOUs FOR INFORMATION ON THE
DETENTION OFFICER PAY SCALE)
EFFECTIVE DATE
4/1/2024
Yrs of Service
Step
Detention
Officer
Detention
Officer -
Probationary
01.POL-DO
00.POL-DO
5080
5081
0
1
26.3249
25.0713
1
2
27.6411
2
3
29.0232
3
4
30.4744
4
5
31.9981
5
6
33.5980
6
7
35.2779
7
8
37.0418
8
9
38.8939
9
10
40.8386
10
11
41.6554
11
12
42.4885
12
13
43.3383
13
14
43.7717
14
15
44.2094
15
16
45.0936
Yrs of Service
Step
Longevity
(Based on Time
in Bargaining
Unit)
15
25
45.9955
20
30
46.9154
112
MEMORANDUM OF UNDERSTANDING
Agreed Interpretation of A.rtiele 18.9
February
This Memorandum of Understanding ("MOU") is entered into this 5th day of 3e-
2024 between the City of Miami ("CITY") and the FRATERNAL ORDER OF POLICE,
MIAMI LODGE NO. 20 ("FOP") (jointly referred to as "the Parties") to agree upon an
interpretation of' Article 18.9 of the 2021-2023 Collective Bargaining Agreement ("CBA").
WHEREAS, Article 18.9 of the CBA states, "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."
WIIERBAS, the Parties wish to agree upon an interpretation of Article 18.9.
TIIEREORE, the Parties agree as follows:
1. The 12.5% limitation described in Article 18.9 shall be limited to the following pay
supplements:
a. Neighborhood Resource Officer
b. Mounted Unit
c. Motors
d. K-9
e. Certified Underwater Recovery Specialist Diver
f. Bomb Squad
g. SWAT
h. Crisis Intervention Teams
i. Field Training Officer
j. Bicycle Response Team
k. Drug Recognition Expert
1. Trainers in K-9, SWAT, Bicycle Response Team, Motors and Field Force
2. Any bargaining unit member(s) who would have received additional supplemental pay from
October 1, 2021 to present under the interpretation in Paragraph 1 shall receive a single
retroactive payment that correlates to the new interpretation of Article 18.9.
3. The parties agree to continue to apply this interpretation and application of the 12.5% cap
moving forward until the ratification of the next collective bargaining agreement.
DATED this 5th day of February, 2024.
FOP: CITY OF MIAMI:
113
Feld Rosario Art Noricga,
President City Manager
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MIAMI AND FRATERNAL ORDER OF POLICE, MIAMI
LODGE NO. 20
REGARDING MUTUAL INTERPRETATION OF
ARTICLES 18.21, 18.4, 22.1, 22.6, and 45.1 and DETENTION OFFICER PAY SCALE
OF THE OCTOBER 1, 2023- SEPTEMBER 30, 2026 COLLECTIVE BARGAINING
AGREEMENT
15th
This Memorandum of Understanding ("MOU") is entered into this day of
August 2024 between the City of Miami, Florida ("City") and the Fraternal Order of
Police, Miami Lodge No. 20 ("FOP") (jointly "the Parties") and is entered for the purpose of
agreeing to a mutual interpretation concerting Articles 18.21, 18.4, 22.1, 22.6, 45.1, and the
Detention Officer Pay Scale of the Parties' October 1, 2023-September 30, 2026, Collective
Bargaining Agreement ("CBA").
Article 18.21
WHEREAS the Parties entered a CBA for the period of October 1, 2023-September 30, 2026,
and agreed to the following language in Article 18,21 of the CBA:
Effective October 1, 2023, all bargaining unit members in good
standing (not relieved of duty for any reason) shall receive
anniversary incentive pay of five percent (5%) on the member's
fifteen (15) year anniversary, and 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 member's thirty (30) year anniversary. The anniversary
incentive pay at years 15 and 20 shall be included in pension
calculations of earnings. The anniversary incentive pay at years 25
and 30 shall not be included in pension calculation earnings.
WHEREAS, the Parties understand that the bolded language above may lead to confusion
regarding the irnplementation of Article 18.21; and
WHEREAS, the Parties agree on the interpretation and meaning of the bolded language above
and desire to enter into an MOU memorializing that agreement;
NOW THEREFORE, the Parties agree that Article 18,21 only applies to members who have 15,
20, 25 and 30 years of service with the bargaining writ (and not with any other bargaining unit)
and that only those with those years of service with the bargaining unit will receive the
additional S°% anniversary incentive pay supplement.
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MOU REGARDING OCTOBER I, 2023 - SEPTEMBER 30, 2026 CBA
Article 18.4:
WHEREAS the Parties entered a CBA for the period of October 1, 2023-September 30, 2026,
and agreed to the following language in Aiticle 18.4 of the CBA:
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 the following pay steps
commensurate with their years of prior law enforcement
experience...
WHEREAS, the Parties understand that the bolded language above may lead to confusion
regarding the implementation of Article 18.4; and
WHEREAS, the Parties agree on the interpretation and meaning of the bolded language above
and desire to enter into an MOU memorializing that agreement;
NOW THEREORE, the Parties agree that the term "with prior law enforcement experience from
the City of Miami" in Article 18,4 (the bolded language above) means certified Florida law
enforcement officers with prior law enforcement experience (not including experience as
correctional officers).
Articles 22.1 & 22.6
WHEREAS the Parties entered a CBA for the period of October 1, 2023-September 30, 2026,
and agreed to the following language in Article 22,1 of the CBA:
Upon ratification of the labor agreement by both parities
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 $600.00 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 selectionnot equal the dollar amount
specified above.
And agreed to the following language in Article 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 -
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116
MOU REGARDING OCTOBER 1, 2023-SEPTEMBER 30, 2026 CBA
uniformed bargaining unit members" shalt 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 ninety dollars ($90) 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.
WHEREAS, Articles 22.1 and 22.6 do not include an effective date;
NOW THEREFORE, the Parties agree that Articles 22.1 and Article 22.6 shall be effective as of
April 24, 2024.
Article 45.1
WHEREAS, the Parties entered a CBA for the period of October 1, 2023-September 30, 2026,
and agreed to the following language in Atticle 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, except where otherwise
stipulated (for example, Article 18-Wages, which has specific
effective dates). The Agreement shall continue in force and effect
until .11:59 p.m., September 30, 2026.
WHEREAS, the City interpreted this article to mean that each article that does not have an
effective date is effective upon ratification but would still require the City to issue payments
retroactively from October', 2023, onward; and
WHEREAS, the City costed the contract out on this belief and interpretation; and.
WHEREAS, continuing this interpretation does not change the cost requirement to the City nor
does it change the remainder of any contract article;
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117
MOD REGARDING OCTOBER I, 2023 - SEPTEMBER 30, 2026 CRA
NOW THEREFORE, the Parties agree that Article 45.1 of the contract shall be interpreted to
require the City to effectuate payments retroactively from October 1, 2023, onward, unless
otherwise indicated in an article.
Detention Officer Pay Scale
WHEREAS, the Detention Officer Pay Scale, attached to the CBA, does not list an effective
date.
WHEREAS, the Parties understand that the lack of an effective date may Iead to confusion
regarding the implementation of the pay scale; and
WHEREAS, the Patties agree on the effective date for the Detention Officer Pay Scale to be
October 1, 2023.
The Parties agree that neither party may file a grievance over the interpretation of the
referenced articles The Parties further agree that this Agreement is the entire and only
agreement regarding the interpretation of the above referenced articles and that no other
prior verbal or written agreements shall apply. Further, should the Parties wish to clarify
or change their joint interpretation of the above articles, the Parties agree that such
clarification or change must be in writing and executed by both Parties.
FOP LODGE No. 20
Felix del Rosario
President
), 36 22(
Date
CITY OF Mtj5 MI, FLORIDA
Arthur Noii a, V.
City Manager
Date
SCRIVENER'S ERROR AGREEMENT
BETWEEN THE CITY OF MIAMI AND FRATERNAL ORDER OF POLICE, MIAMI
LODGE NO. 20
REGARDING ARTICLES 18.4 AND 18.9 OF THE OCTOBER 1, 2023- SEPTEMBER 30,
2026 COLLECTIVE BARGAINING AGREEMENT
15th
This Scrivenor's Error Agreement ("Agreement") is entered into this day of
August 2024 between the City of' Miami, Florida ("City") and the Fraternal Order of
Police, Miami Lodge No. 20 ("FOP") (jointly "the Patties") and is entered for the purpose of
agreeing that Article 18.4 and 18.9 of the October 1, 2023-September 30, 2026, Collective
Bargaining Agreement ("CBA") contains the following scrivener's error that the Parties wish to
correct:
WHEREAS, Article 18.4 states as follows:
Bargaining unit members hired directly as certified Police
Officers with prior law enforcement experience form the City of
Miami, not including corrections, who are not required to attend
'the academy, shall be placed at the following pay steps
commensurate with their years of prior law enforcement
experience:
0-2 years experience
2-4 years experience
4-6 years experience
6 or. more experience
Step 2
Step 4
Step 6
Step 8
WHEREAS, the Parties Agree that Article 18.4 contains a scrivener's error; and
NOW WHEREFORE, Article 18.4 shall henceforth contain the following bolded step language
in lieu of the above:
Bargaining unit members hired directly as certified Police
Officers with prior law enforcement experience form the City of
Miami, not including corrections, who are not required to attend
the academy, shall be placed at the following pay steps
commensurate with their years of prior law enforcement
experience:
Less than 1 year experience
1-2 years experience
2-3 years experience
3-4 years experience
4-5 years experience
5-6 years experience
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119
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
6-7 years experience
7 or more years experience
Step 7
Step 8
Further, the Parties agree that the above language shall apply to all officers who are employed by
the City as of January 1, 2021, and any officers who falls under the new definition of 18.4 shall
receive retroactive pay under the new steps effective April 1, 2024.
WHEREAS, Article 18.9(F) states as follows:
F. "Senior Uniform Patrol 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
***
b) Senior Uniform Patrol Sergeant
(a) Not less than fifteen (15) consecutive years of
service in the department.
(b) Currently at rank of Sergeant and no less than two
(2) previous years as a Sergeant.
(c) Currently assigned, and no less than previous two (2)
consecutive years assigned to uniform NET as a
Sergeant.
(d) No evaluations below satisfactory.
(e) No sustained IA investigations with a reprimand
as discipline within the past two (2) years.
2. Under the below listed circumstances, bargaining unit members
receiving "Senior Uniform Patrol Officers" or "Senior Uniform
'Patrol Sergeant" pay shall forfeit such pay when;
a) Transferred out of uniform NET.
b) Promoted.
c) Relieved of duty or administratively reassigned
(temporary loss during period).
WHEREAS, the Police Department no longer has a NET area; and
WHEREAS, the Parties Agree that Article 18.9(F) contains a scrivener's error; and
NOW WHEREFORE, the Parties agree the term "uniform NET" should be replaced with "the
Field Operations Division."
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FOP ,►DGE No. 20 CITY OF (AM1, FLORIDA
Felix Del Rosario
President
TZt
Date
Arthur Not t ga,
City Manager
Date
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