HomeMy WebLinkAboutExhibitAGREEMENT
BETWEEN
CITY OF MIAMI, MIAMI, FLORIDA
FRATERNAL ORDER OF POLICE,
WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20
OCTOBER 1, 2015-1-4 THROUGH SEPTEMBER 30,20184-5
TA City_ Date 4b FOP Date < f.�
AGREEMENT
THIS AGREEMENT is entered into this day of , 24"
2015 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.
Tentatively Agreed
City 5-lelzcl�5 U n ►��V
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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Article 1
RECOGNITION
1.1 Pursuant to and in accordance with all applicable provisions of the Florida Public Employees
Collective Bargaining Law, Chapter 447, Florida Statutes, management recognizes the F.O.P. as the
exclusive collective bargaining representative for those employees in the defined bargaining unit for
the purpose of collective bargaining with respect to wages, hours, and other terms and conditions of
employment, including Detention Officers per FERC Order Clarifying Certification #219 dated July
15, 2008.
1.2 The bargaining unit consists of all sworn employees (hereafter referred to as "bargaining
unit member(s)") holding positions in the classifications shown below which may hereafter be added
to, reduced or changed as hereinafter provided, and excludes all other employees not specifically
shown below in Section 1.4. Changes in the bargaining unit shall only be made upon proper
application to and adjudication by the appropriate state agency and/or the appropriate court of
competent jurisdiction; or as may be mutually agreed upon by the parties.
1.3 The salaries listed in the appendices represent an approximation. The salary schedule issued
by the Human Resources Department is the official City salary document.
1A Bargaining Unit Classifications.
Class Code Number Class Title
5005
Officer
5006
Motor Officer
5011
Sergeant
5012
Lieutenant
5013
Captain
5014
Motor Sergeant
5015
Motor Lieutenant
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.
Tentatively Agreed /�1)117 (y�•�1�
City
Article 3
REPRESENTATION OF THE F.O.P.
3.1 The F.O.P. shall be represented by the President of the F.O.P. or by person or persons
designated in writing to the City Manager by the President of the F.O.P. The identification of
representatives shall be made each year by April I". 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.
Tentatively Agreed )-k? >,X-7
City f$,� �� Un on �� � 4
3.2 The parties agree that time spent in contract negotiations will be paid at the straight
time rate.
Tentatively Agreed
Cit U ron 1 v`+�
Article 4
MANAGEMENT RIGHTS
4.1 The City has and will continue to retain, whether exercised or not, the right to operate and
manage its affairs in all respects, and the powers and authority not abridged, delegated or modified
by the express provisions of this Agreement or in any Memorandum of Understanding(s) (MOU) that
is incorporated in this agreement and attached hereto or referred to herein, in addition to any MOU
entered into during the term of this agreement, The F.O.P. and the City retain the right to bring forth
additional MOUs which were entered into by both parties and incorporate them as part of the
agreement after notification of the respective party (F.O.P,/City Manager or designee) who will
confirm the authenticity of the MOUS. Otherwise, any changes of terms and conditions of
employment shall not be recognized. Any future MOUS that amends the collective bargaining
agreement shall be subject to Florida Statute, Chapter 447, Part Il. The parties agree to a sunset
provision that begins at the ratification of this labor agreement wherein any MOU that is not included
with the labor agreement prior to the expiration of this agreement will be considered null and. void.
The rights of the City, through its management officials, shall include, but shall not be
limited to, the right to determine the organization of City Governinent; to determine the purpose of
each of its constituent departments; to exercise control and discretion over the organization and
efficiency of operations of the City; to set standards for service to be offered to the public; to direct
the bargaining unit members, including the right to assign work and overtime; to hire, examine,
classify, promote, train, transfer, assign, and schedule bargaining unit members; to suspend, demote,
discharge, or take other disciplinary action against bargaining unit members for proper cause; to
increase, reduce, change, modify or alter the composition and size of the work force, including the
right to relieve bargaining unit members from duties because of lacy of work or funds; to determine
the location, methods, means, and personnel by which operations are to be conducted, including the
right to deterrwLv whether goods or services are to be made or purchased; to establish, modify,.
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combine or abolish positions; to change or eliminate existing methods of operation, equipment or
facilities; to establish, implement and maintain an effective internal security program., and to establish
rules, regulations and rules of conduct.
4.2 Sworn police will be promoted to civil service ranks based upon the rule of one, except
promotions may be denied or delayed for cause. The following is declared to be cause for denying
or delaying a promotion:
A bargaining unit member who at the time of the promotion is under investigation for
unlawful or unethical acts by any law enforcement agency or the City's Police Internal
Affairs Unit. If a bargaining unit member has a promotion delayed for cause and is later
cleared, he/she shall be promoted retroactive as if the event had not occurred.
4.3 The City has the sole authority to determine the purpose and mission of the City, to prepare
and submit budgets to be adopted by the City Commission.
4.4 Those inherent managerial functions, prerogatives and policy making rights which the City
has not expressly modified or restricted by a specific provision of this Agreement are not in any way,
directly or indirectly, subject to the Grievance Procedure contained in this Agreement.
4.5 If the City fails to exercise any one or more of the above functions from time to time, this
will not be deemed a waiver of the City's right to exercise any or all of such functions. This provision
will in no way alter or diminish the rights afforded by Article 23, Prevailing Benefits,
4.6 The City retains the right to establish, and from. time to time to amend, rules and regulations
not in conflict with this Agreement.
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Article 5
NO STRIKE
5.1 "Strike" means the concerted failure to report for duty, the concerted absence of
bargaining unit members from their positions, the concerted stoppage of work, the concerted
submission of resignations, the concerted abstinence in whole or in part by any group of
employees from the full and faithful performance of their duties of employment with the City,
participation in a deliberate and concerted course of conduct which adversely affects the services
of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term
of or after the expiration of a collective bargaining agreement.
5.2 Neither the F.O.P., nor any of its officers, agents and members, nor any bargaining unit
members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone
any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or
any other interruption of the operations of the City.
5.3 Each bargaining unit member who holds a position with the F.O.P. occupies a position
of special trust and responsibility in maintaining and bringing about compliance with this Article
and the strike prohibition in F.S. 447.505 and the Constitution of the State of Florida, Article 1,
Section G. 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.
Tentatively Agreed ) >7>V 10
City 's le/2 0/S U ion CIW 3
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.
Tentatively Agreed l
City � f��� Un on ! Lt Ide
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 ROT,
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 formm 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 goveriunental 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 (3 0) 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 Only a bargaining unit member who has permanent Civil Service status as a sworn Police
Officer in the Miami Police Department may appeal a suspension, demotion, or dismissal through the
grievance procedure contained in this Agreement or in accordance with the appeal procedure of the
Civil Service Rules, but not both. Such grievances shall be filed at Step 3 within the time limits set
forth for Step 1.
6.7 Disputes involving the granting of workers' compensation shall not be subject to this
grievance procedure, but disputes involving the granting of supplemental disability pay shall be
grievable.
6.8 Grievances shall be processed in accordance with the following procedure:
Step 1.
The aggrieved bargaining unit member shall discuss the grievance with his immediate
supervisor within seven (7) working days of the occurrence which gave rise to the
grievance. The F.O.P, representative may be present to represent the bargaining unit
member if the bargaining unit member desires him present. The immediate supervisor shall
attempt to adjust the matter and/or respond to the bargaining unit member within seven (7)
working days.
If the grievance has not been satisfactorily resolved at Step 1, the bargaining unit member
or the Employee Organization representative shall complete the Election of Remedy form
provided for in Section 6.4 of this Article before initiating the grievance to the second step
of the Grievance Procedure. If the aggrieved party or parties elect the remedy other than
the Grievance Procedure contained herein, the grievance shall be withdrawn for redress
consistent with the Election of Remedy form.
When the Election of Remedy form indicates the grievance is to be advanced through the
Grievance Procedure, the bargaining unit member or the F. P. represent tines all reduce
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the grievance to writing on the grievance form provided for this purpose and present such
l
written grievance to the Department Head or his designee within seven (7) working days
Step 3.
Step 4.
from the time the response was given at Step L The Department Head or his designee shall
meet with the bargaining unit member and/or the F.O.P. representative and shall respond
in writing to the bargaining unit member and the F.O.P. within seven (7) working days
from receipt of the written grievance.
If the grievance has not been satisfactorily resolved in Step 2, the bargaining unit member
or the F.O.P. may present a written appeal to the City Manager or the Labor
Relations/Deputy Director, Department of Human Resources within seven (7) working
days from the time the response was given at Step 2. The City Manager and/or the
Department of Htiunan Resources designee shall hold a grievance hearing with the
bargaining unit member and/or the F.O.P. representative. The City Manager and/or the
Department of Human Resources 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 seven (7) working
days after receipt of reply or answer be referred to arbitration.
2. The arbitration shall be conducted under the rules set forth in this Agreement and not
under the rules of the American Arbitration Association. Subject to the following, the
Arbitrator shall have jurisdiction and authority to decide a grievance as defined in this
Agreement. The Arbitrator shall have no authority to change, amend, add to, subtract
from., or otherwise alter or supplement this Agreement, or any part thereof, or any
amendment hereto. The Arbitrator shall have no authority to consder or, rule upon
TA City Date l [ FOP Date IVa G' �
any matter which is stated in this Agreement not to be subject to arbitration or which
is not a grievance as defined in this Agreement, or which is not covered by this
Agreement; nor shall this Collective Bargaining Agreement be construed by the
Arbitrator to supersede any applicable laws.
3. It is contemplated that the City and the F.O.P. or bargaining unit member shall
mutually agree in writing as to the statement of the matter to be arbitrated prior to a
hearing; and if this is done, the Arbitrator shall confine his decision to the particular
matter thus specified.
4. Each party shall bear the expense of its own witnesses and of its own representatives.
The F.O.P. and the City shall bear equally the expense of the impartial Arbitrator,
including any retainer fee of the Arbitrator. Should any individual bargaining unit
member bring a grievance under this Article, he/she shall be required to post a bond
of an estimated one-half ('/z) of the expenses of the hearing with the arbitrator before
the hearing may be scheduled. The party desiring a transcript of the hearing will bear
the cost of same.
5. Copies of the award of the arbitration made in accordance with the jurisdiction or
authority under this Agreement shall be furnished to both parties within thirty (30)
days of the hearing and shall be final and binding on the aggrieved bargaining unit
meinber(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.
TA City _ Date Z 2
FOP Date `���
5.9 Effective upon ratification of the labor agreement, the City agrees to pay the F.O,P, up to
forty thousand dollars ($40,000) per fiscal year for representation of its members in connection with
civil suits brought against them arising out of the course and scope of their official duties, as
determined by the F.O.P.
TA City Date {/ ' U FOP Date i ��
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).
Tentatively Agreed
City
ID
ion 4�� !
Article 8
DISCIPLINARY 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
Linder 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 acc sed 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
Linder 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 taping 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 curren 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 the bargaining unit member's termination date, retirement date or unless otherwise directed by
state law.
TA City Date(64 4 (a FOP Date ti�Artl
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 inj-Lwy 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
i
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 tothe limitations below. After those deductions with mandated preference under federal law,
the City agrees to take deductions and/or credits from this second paycheck in the following
order; workers' compensation (will be indicated on the check as a credit for the City and will be non-
taxable), pension, health insurance, and any other deductions. The parties agree that this process is
intended to provide the bargaining unit member with these paychecks without interruptions.
Should the bargaining unit member refuse to return the workers' compensation check to the
City, the City shall cease making any deductions for the bargaining unit member from the second
check for pension, health insurance, etc. and the bargaining unit member shall then be completely
responsible for making those payments on his/her own, until the bargaining unit member elects to
participate in the paycheck system described above in Section 9.1.
9.3 Workers' Compensation Indemnity Benefits
The City agrees that any bargaining unit member covered under this contract who is disabled.
as a result of an accident, injury or illness incurred in the line of duty shall be granted workers'
compensation indemnity benefits, subject to the following conditions.
To the extent required by and subject to the limitations specified in Chapter 440 of the
Florida Statutes, the City shall provide workers' compensation indemnity benefits to injured
employees.
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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
TA City Date i i4 FOP—/)-- — Date i 1 t
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.1.P.0. board concludes the hearing with a final determination.
A granted FMLA request will postpone any further action for the period taken up to its
statutory limitation. If the bargaining unit member has petitioned the retirement board for retirement,
the bargaining unit member will remain on their current status until the retirement board has finally
granted or denied the retirement.
If during the time of up to one hundred four (104) weeks of disability, it is determined by the
City or the bargaining unit member's City approved attending physician that the member is not PTD
nor frill duty with reasonable accommodations,the bargaining unit member may request to be allowed
to work on a temporary basi s. The request shall be made in writing and directed to the City Manager
or designee. Granting this request is based upon the medical restrictions placed by his/her City
approved attending physician and available assignments.
The Department at its discretion may maintain up to a total of ten twenty (4-0 20) temporary
non-binding assignments for the sole purpose of mitigating an undue hardship on bargaining unit
member injured in the line of duty. These temporary positions will be filled by members, according
to sworn classification, on a first -in first -out basis upon completion of FIPO's Final Determination
Hearing. Once the 4-0 20 positions are filled, the next bargaining unit member to be classified in this
TA City Date '7 h�' FOP._ Date �� ('
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 lender 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:
0 Request for a ninety (90) day unpaid leave of absence under the FMLA;
0 Apply for another City position;
• Resign;
a Be dismissed by Departmental action
A granted FMLA request will postpone any further action for the period taken up to its
statutory limitation.
Bargaining unit members that have been grandfathered are not considered part of the twenty
I -en (4-0 20) temporary positions described above.
TA City 40 Date FOP Date 1
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 that a week, the eighty eight dollars and ninety
five cents ($88.95) weekly deduction shall be prorated as appropriate for the days the bargaining unit
member was on workers' compensation.
4. All others voluntary deductions: The City is not obligated to make deductions to pay for
providers or creditors if the workers' compensation benefits plus the supplementary salary does not
cover the amount of the deduction. Any and all deductions after Level #1 will be made on the
TA City Date FOP Date
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.
S. 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."
TA City Date A0Z 16 FOP Date 20
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.
Tentatively Agreed )W )�,
City /Y / f Union 1� ! V1l i
Article 11
BULLETIN BOARDS
11.1 The City will provide for the sole use of the FOR bulletin boards at the Central
Headquarters, 400 NW 2 Ave.; North District Substation, 1000 NW 62 St.; South District
Substation, 2200 W Flagler St., and any other mutually agreed upon location. Any notice or item
placed on bulletin boards shall bear on its face the legible designation of the person responsible
for placing such notice or item on bulletin boards. Notices placed on bulletin boards shall be
limited to announcements of F.O.P. meetings, elections, items dealing with terms and conditions
of employment, and social or recreational events. Notices or announcements shall not contain
anything political or reflecting adversely on the City or any of its officials or employees; notices
or announcements which violate the provisions of this section shall not be posted. The F.O.P.
will also be permitted to send electronic notices to its member on the City E -Mail system upon
approval of the Chief, whose decision is not subject to the grievance procedure.
Tentatively Agreed
City S/S/Z®/ 5 Uni n y� lV
Article 12
DEPARTMENT DISCIPLINARY REVIEW BOARD
12.1 It is the purpose of the Departmental Disciplinary Review Board to provide a method of
ascertaining the fairness and consistency of punitive action for infractions of the Departmental
Rules and Regulations, Departmental Orders and other Departmental Directives. A part of this
review process is the Departmental Disciplinary Review Board, which makes advisory
determinations and non-binding recommendations to the Chief of Police on matters of discipline.
Departmental actions against a bargaining unit member arising from a claim of fitness for duty or
workers' compensation shall not be reviewed by the Departmental Disciplinary Review Board or
the Departmental Disciplinary Review Board Chairperson. Any decisions by the Departmental
Disciplinary Review Board or any policies established by the Departmental Disciplinary Review
Board are not arbitrable under this Collective Bargaining Agreement. The Departmental
Disciplinary Review Board does not possess adjudicators or quasi-judicial powers. As such, its
hearings are non -adversary in nature; the bargaining unit member appears before the Board
voluntarily at his/her request, the bargaining unit member shall be entitled to representation by a
bargaining unit member of his/her choice and shall be permitted to examine witnesses, to present
witnesses, evidence, and testimony, to cross-examine, and to put on a defense. All sworn
bargaining unit members, prior to the final determination of a monetary fine, forfeiture of time
and/or suspension in excess of two (2) tours of duty, demotion or dismissal shall, upon written
request of the accused, if submitted within ten (10) working days, be afforded a review of the
recommended action by a board composed of five (5) members of the Department, two (2)
members selected by the Department Head and three (3) members selected by the bargaining unit
member from a standing list.
Tentatively Agreed
City SIx"12.0116 An �
12.2 Written disciplinary actions that result in loss of time not in excess of two (2) tours of
duty may be reviewed by the Chairperson of the Departmental Disciplinary Review Board if the
disciplined bargaining unit member requests a review within ten (10) working days, excluding
holidays, of the incident that gave rise to the disciplinary action. Upon receipt of the
Chairperson's decision, the disciplined bargaining unit member upon appeal within ten (10)
working days, excluding holidays, shall be afforded a Departmental Disciplinary Review Board
Hearing.
If the bargaining unit member is charged with a forfeiture of time such forfeiture shall
first be deducted from Compensatory leave followed by Vacation leave.
Exceptions to the above will be as follows:
I
. If a bargaining unit member refuses to undergo controlled substance testing, the
member shall be on no pay status pending termination.
12.3 Since the Departmental Disciplinary Review is at the request of, and for the benefit of,
the bargaining unit member, no paid overtime or compensatory time will be given for attendance
before the Board; however, a change of work hours shall be scheduled; if possible, so that the
bargaining unit member will be working during the hours that the Board is convened.
12.4 It is agreed that the convening of the Departmental Disciplinary Review Board shall be
effectuated as expeditiously as possible following the written request of the accused bargaining
unit member. Should an accused bargaining unit member facing termination request to continue
a hearing or delay it's convening, then it is agreed that the bargaining unit member shall waive
his emoluments in exchange for the continuance of the hearing. Continuance or delay of the
Departmental Disciplinary Review Board upon the bargaining unit member's request shall not
Tentatively Agreed >. ,"a
City 5 -Irl?, 0! S Unron A
exceed 150 calendar days, unless in the sole discretion of management a further continuance of
the Department Disciplinary Review Board would be approved.
1.2.5 Administrative actions taken that result in the bargaining unit member being carried
"W" or "WW" shall not be subject to the review of the Department Disciplinary Review Board.
Tentatively Agreed
City :�Y l tl2, 0'.5 j a 1 41
Article 13
RECALL AND COURT TIME
13.1 If a bargaining unit member is recalled to work he/she shall be paid from the time of
notification in accordance with Article 15, Overtime/Compensatory Time.
13.2 If a bargaining unit member is required to attend court or other proceeding arising out
of the course of his/her official duties at a time other than his scheduled work shift, he shall be
paid a minimum of three (3) hours at one and one-half times his/her straight time hourly rate or
an equivalent amount of scheduled compensatory time off.
13.3 A bargaining unit member performing work or required to attend court or any other
proceeding arising out of the course of his/her official duties at a time which is continuous with
his scheduled work shift shall be paid at his/her overtime rate consistent with Article 15,
Overtime/Compensatory Time, and the minimum three (3) hours Recall shall not apply.
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
Tentatively Agreed �+ r
City 5/,S�/-Zoll t1 n 0140
one (1) hour and less than or equal to three (3) hours and one minute after the scheduled end of
his/her tour of duty, shall be paid at his overtime rate pursuant to Article 15,
Overtime/Compensatory Time, for either the three (3) hour minimum or for the number of hours
elapsed from the scheduled end of his/her tour of duty to the end of the court proceedings,
whichever is greater.
13.7 Bargaining unit members who are on authorized disability or sick leave, and are
obligated to have a physical prior to reporting for work, shall not receive call-in or overtime pay.
Tentatively Agreed
City -I U irfon
City's Counter Proposals 5.17.2016
Article 14
TRANSFERS
14.1 It shall be the sole right of the Chief of Police to transfer bargaining unit members in
specialized units for disciplinary reasons provided however, that the bargaining unit member may
appeal such a transfer under the grievance procedure set forth in Article 6 of this agreement.
Bargaining unit members shall be notified six (6) calendar days prior to transfer, except when, the
nature of a particular situation requires an immediate but temporary reassignment, or an employee
returns to work on a limited/light duty status and the bargaining unit member's physical limitations
preclude the bargaining unit member from being assigned to his/her previous assignment.
14.2 A transfer means a change for more than five (5) consecutive working days, a change in
hours, or a change in days off. Specifically excluded from the six (6) day notification requirement
are temporary changes of hours or days off necessitated by special events (except for the special
events of Calle Otho, Three King's Parade, Martin Luther King's Parade or any draft event held
on New Year's Eve), civil disturbances, acts of God, and other, emergency situations as determined
by the Chief of Police. The six (6) days' notice shall be waived upon consent of the bargaining
unit member.
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TA.: City
/X -
Union
Article 15
OVERTIME/COMPENSATORY TIME
15.1 For the term of this Agreement bargaining unit members shall be paid one and one half (1
%2) times their regular rate of pay for all actual work performed in excess a bargaining unit member's
normal work day or in excess of a bargaining unit member's normal work week, and shall be
considered overtime work.
15.2 Bargaining unit members performing compensable overtime work shall, at their discretion,
be paid time and one-half (1112) at their straight time hourly rate of pay or shall be given compensatory
time at the rate of time and one-half (1 %2) for such work. This overtime rate shall be all-inclusive and
no additional compensation in the form of additional holiday pay, etc., shall be paid.
15.3 The parties agree that the daily overtime requirements as set forth in this contract shall not
apply in any future FLSA litigation concerning a matter for which daily overtime is not currently paid
or for off-duty maintenance of any take home equipment used in the scope of employment. Practices
instituted by management are not subject to the foregoing sentence.
15.4 The maximum accumulation of compensatory time hours is two hundred (200). Any hours
in excess of two hundred (200) will be paid out at current hourly rate. Bargaining unit 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 often (10) compensatory time hours
shall be authorized to be utilized on Friday, Saturday, or Sunday when minimum staffing cannot be
maintained as determined by the Chief of Police or designee. Compensatory time shall not be utilized
in conjunction with vacation or training when minimum staffing cannot be maintained as determined
by the Chief of Police or designee. 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
TA City Date 'L2 FOP Date t�
determined by the Chief of Police or designee, then compensatory time shall not be utilized during
the holidays listed in Article 20 — Holidays, or during special events e.g., Halloween, Super Bowl,
etc., when major deployment of personnel is required. Requests submitted within ten (10) days prior
to the requested day(s), may be granted at the sole discretion of management pursuant to minimum
staffing. When a bargaining unit member takes compensatory time off, the hours in his bank shall be
appropriately reduced by such time off. If a bargaining unit member leaves the service of the City
and cashes in his bank, the hours therein shall be valuated on the basis of the rate of pay earned by
the bargaining unit member during the last pay period.
15.5 In the event, a state of emergency is declared due to an act of God, and the City Manager
grants emergency leave, such leave shall not be included in determining eligibility for overtime. The
bargaining unit member utilizing such leave shall be paid straight time for those hours worked in
excess of their normal work day or in excess of their normal work week equal to the number of hours
taken as emergency leave, before overtime shall apply.
15.6 The parties agree that overtime hours shall not be used in the computation of arriving at
average earnings for purposes of establishing pension benefits.
15.7 The parties agree that assignments of overtime work shall rest solely with the Chief of
Police.
15.8 The parties agree that the assignment of overtime work is on an involuntary basis and any
bargaining unit member refusing assignment of such work is subject to disciplinary action as deemed
appropriate by the Chief of Police.
TA City Date 2 f1i FOP 6 Date 14
Article 16
4-10 WORK SCHEDULE
16.1 Those operations currently working a four (4) day, ten (10) hour work schedule will continue
through the life of this Agreement.
Bargaining unit members at the rank of Captain and Detention Officers will not be entitled to work a
4-10 Work Schedule.
16.2 Should the Chief of Police determine the 4-10 Work Schedule in its entirety or in part is
detrimental to the efficient operation of the Department, he may discontinue all or that portion of the
4-10 Work Schedule deemed to be inefficient after reviewing his reasons with the President of the
Fraternal Order of Police, Lodge No. 20. Should there be a disagreement as to the discontinuance of
the 4-10 Work Schedule, the F.O.P. may grieve according to the provisions of Article 6, Grievance
Procedure. Discontinuance of the 4-10 Work Schedule may not occur unless the parties agree or an
Arbitrator so rules. Nothing shall preclude Management from implementing a 4-10 Work Schedule
in those divisions deemed necessary by the chief on a temporary or emergency basis not to exceed
thirty (30) working days. Such temporary or emergency 4-10 Work Schedule shall not preclude
Management ending such assignments when Management determines the 4-10 Work Schedule is no
longer necessary.
TA City W Date I L16 FOP Date °� ��
Article 17
STANDBY
17.1 Standby assignments issued by the City of Miami Police Department for reasons other
than assignments connected with a court appearance shall be compensated at the rate of time and
one-half of the bargaining unit member's normal rate of pay with a minimum of three (3) hours.
17.2 Standby is defined as receiving instructions from authorized personnel to remain at a
specific location for a stated period of time,
'tentatively Agreed
Cit 9-U)n
City's Counter Proposals 5.17.2016
Article 18
WAGES
- V • y - - • - , J - M Mw IT
l�Jl .TIR t� l��'l�J!�t.�b�t� J-WON.�YLL'✓1W
(20%) a...,.,.,.ase. Effective the first full pay period following October 1, 2015, bargaining unit
members will be placed on the step schedule in Appendix A on the step that reflects their current
years of service with the City in a position within the „bargaining unit. bei
, anti,.,:,,,., of this Agreement. After initial placement of bargaining unit members on their new
step, dW previsions of this scotion will be 4oze% and b.,,.g.,,. hig iumit „„e,,.,b&H �a4l net i,, eligible
for ;aer-eases tifffil for the duration of the Agreement bargaining unit members not at their
maximum stela will be eligible for step increases on their anniversary date. such time as t�@ pa#ie-s
negetiate ad3neemtin the step -plan., Effective the first full nay period following January 1,
2016, January 1, 2017, and January 1, 201 & bargaining unit members will receive a two vercent
(2%) across the board increase to their base wages.
8.2 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 onetime FDLE certification bonus
of one thousand six hundred forty eight dollars ($1,648) upon completion of probation, regardless
4
TA: City Vnion
City's Counter Proposals 5.17.2416
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. Other than
the eligibility for an increase to Step 1 of the salary range for new hires upon graduation from the
police academy and passing of the state certification exam, there will be no Step or Longevity
increases during this Agreement.
Bargaining unit members hired directly as certified Police Officers 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 pay steps in Appendix A commensurate with their
years of prior law enforcement experience at the City not to exceed step 4.
Newly hired bargaining unit members shall complete six (6) months of satisfactory
performance in the field Training Officer (F.T.O.) program, which includes four (4) months riding
with a field training officer and two (2) months riding solo, and further complete six (6) months in
full -duty status with satisfactory performance. The period of probationary service shall not be less
than twelve (12) months nor more than eighteen (18) months, unless extended by the department.
18.4 Upon retirement (all binds, 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.
—0
TA: City
Union
City's Counter Proposals 5.17.201.6
The five percent (5%) salary increase shall be reflected in the hourly pay rate for the
purpose of calculating leave balance payoffs. The five percent (5%) salary increase shall not be
applicable to overtime.
18.5 Any City of Miami employee, unless a former City of Miami police bargaining unit
member as specified in 18.6, who transfers or is hired as a police officer into the City of Miami
Police Department as a uniformed bargaining unit member shall be placed at a step in accordance
with Appendix A, and serve a probationary period as specified in Section 18.3 above.
18.6 Former police bargaining unit members who left the employment of the City of Miami
Police Department under honorable conditions, as determined by the Chief of Police in his/her sole
discretion, and who were approved by the Chief of Police, shall be placed on a reemployment list
provided the former bargaining unit member is a State certified police officer. The reemployment
list shall be considered separate from the eligibility list for new hires.
Those on the rehire list may be hired by the Chief of Police at his/her sole discretion, as
openings occur without regard to the eligibility Iist 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 satisf tory
TA: V Union
City's Counter Proposals 5.17.2016
performance. The period of probationary service for such employees shall be
determined by the Chief of Police in his/her sole discretion, but shall not be less
than twelve (12) months nor more than eighteen (18) months, unless extended by
the department.
18.7 Effective the first fiill vav period following October 1,,_2415,13bargaining unit members
while active in the below listed assignments, shall receive $119598$2,100 pay supplement (to be
prorated and paid on a bi-weekly basis) on their base rate of pay:. Effective the first full Dai eb riod
following October 1 2016 this annualized pqy sLipplement will increase to $2,500.
A. Neighborhood Resource Officer
B. Bomb Squad
C. Complaint Sergeant
D. S.W,A.T.
& r-IYrA��Ti roMn
F. "Senior Uniform Patrol Officers" and "Senior Uniform Patrol Sergeants" will
a2n1' 'v"�"'1TrrMr-arSc��CT.Izc T4li reeeive 4iav buy UI.Ll.!t11V111V114 as uvixaxti.0aivrea'.-The
$1,500 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.
TA: City on
City's Counter Proposals 5.17.2016
(b) Currently assigned, and no less than previous two (2)
consecutive years assigned to uniform NET.
(c) No evaluations below satisfactory.
(d) No sustained IA investigations with a reprimand as discipline
within the past two (2) years.
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 Uni.forna. 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)
TA: City
City's Counter Proposals 5.17.2016
3. Application .for "Senior Uniform Patrol Officer" or "Senior Uniform Patrol
Sergeant" pay shall be the responsibility of the bargaining unit member and
shall be made via red line memorandum submitted through channels to the
chairperson of the "Senior Uniform Patrol Officer" committee.
4. "Senior Uniform Patrol Officer" and "Senior Uniform Patrol Sergeant" pay
committee.
a) The "Senior Uniform Patrol Officer" and "Senior Uniform Patrol
Sergeant" pay committee shall be comprised of one F.O.P.
representative, one Department representative, and one representative
chosen by the first two (2) members. The committee's function will
be to review applications for recommendations of approval or denial
to the Chief of Police for final approval. The committee shall also
review appeals and disputes arising out of the granting or forfeiting
"Senior Uniform Patrol Officer" or "Senior Uniform Patrol Sergeant"
pays. The committee shall establish its own rules and procedures.
G. "Police Officers (Investigators) and Sergeants (Investigators) assigned to the Office
of the Chief, Investigations Division, Internal Affairs Division, Recruitment and
Selection. Unit, and Traffic Homicide who predominantly perform the duties of
investigating cases as determined by the Chief of Police will receive * 1 594the
annualized pay supplement (to be pg;amted and paid on a bi=weekly basin) on their
base fate of -p The ,-500--annualized pay supplement will only be paid to
bargaining unit members assigned to non -administrative positions and either
investigate or supervise the investigation of cases.
(9
TA; City — P ion
City's Counter Proposals 5.17.2016
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.
4, Police Officer (Investigator) and Sergeant (Investigator) pay committee shall
be comprised of one F.O.P. representative, one Department representative
. . 0 4 - .
T.A.: City pion
City's Counter Proposals 5.17.2016
assigned to the Investigations Division, and one representative chosen by the
first two (2) members. The committee's function will be to review
applications for recommendations of approval or denial to the Chief of Police
for final approval. The committee shall also review appeals and disputes
arising out of the granting or forfeiting Police Officer (Investigator) and
Sergeant (Investigator) pays. The committee shall establish its own rules and
procedures.
H. Certified Underwater Recovery Specialist Diver Assigned to the Marine Patrol
Unit.
Effective the first full pgy period -following October 1 2015 bargaining unit members
active in the assignment of Field Training Officer will receive a five percent (5%) pay supplement
on their base rate of pay. Effective the first fall pqv period following October. 1, 2015, the two 0
bargaining unit members active in the ass„ _ igLunent of Pilot will receive a twenty rqq-nt(2QLojpay
supplement on his/her base rate of pay, Effective the first full pay. period following October 1,
2015, bargaining unit members active in the assigra hent of Drug Recognition Expert (DRE, will
receive a five percent (.5%) pay syMIement on their base rate of pay. DRE assignments shall be
limited to no more than ten (10)officers.,
18.8 Bargaining unit members active in the below listed assignments shall receive a pay
supplement as indicated:
A. Certified Instructors (CJIS) assigned to MPD Training Unit -two percent (2%).
B. Crisis Intervention Teams two and one half percent (2.5%)
T.A.: City
City's Counter Proposals 5.1.7.2016
18.9 Bargaining unit members assigned to motorcycle positions shall have their salary rates
increased fifty ($50) dollars per month higher than the base salary rate of the like classifications
of Police Officer, Sergeant, Lieutenant, and Captain.
18.10 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.
18.11 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
nonnal 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.
18.1.2 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
TA: City Union
City's Counter Proposals 5.17.2016
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.
1.8.13 Shift differential shall be paid for assigned work between the hours of 6:00 p.m. and 7:00
a.m. according to the following schedule:
a) Police Officer -
$.45 per hour
b) Sergeant -
$.55 per hour
c) Lieutenant -
$.65 per hour
d) Captain -
$.65 per hour
A bargaining unit member that works less than four (4) hours during the established shift
differential time period (6:00 p.m. to 7:00 a.m.) will not be entitled to shift differential pay,
Shift differential shall not apply to pay for time not worked.
Shift differential shall not be used in calculating a bargaining unit member's average
earnings for pension purposes.
18.14 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.
18.15 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.
18.16 Effective the first full pay period after October 1, 2014, 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:
TA: City
L Ilion
City's Counter Proposals 5.17.2016
a. Associate in Arts Degree- $1,200
b. Bachelor Degree- $2,400
c. Master's Degree- $3,600
d. 7uris Doctor, Ph.D, or Ed.D.- $4,800
It is the responsibility of the bargaining unit member to request for the degree bonus by submitting
a red line memorandum to the Director of Human Resources, through channels, accompanied by
a certified true original of the college or university transcripts. The degree bonus shall not be
included in pension calculations of earnings.
18.17 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.
18.18 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.
TA: Cit on
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 knit 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.
Tentatively Agreed
"—
city
Article 20
HOLIDAYS
20.1 The following days shall be considered holidays:
New Year's Day
President'' -s' Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Dr-. Martin Luther King's Day B
20.2 Any additional holidays declared by official directive of the City Manager shall be
added to the above list.
20.3 Bargaining unit members performing work on any of the above holidays shall be paid
time and one-half (1'/2) of their straight time hourly rate or shall be given scheduled
compensatory time at the rate of time and half (V/2) but such pay for a holiday worked shall not
be paid in addition to overtime pay.
20.4 All conditions and qualifications outlined in Article 15, titled "Overtime/Compensatory
Time," shall apply to this Article. Hours of earned time accumulated under this Article, when
added to the compensatory time earned under the Article titled "Overtime/Compensatory Time,"
shall not exceed two hundred (200). Those bargaining unit members who are assigned to
administrative positions shall observe holidays on the same dates as the civilian employees of the
City.
Tentatively Agreed
City is�f ! - U on 14r4e
City's Counter Proposals 5.17.2016
Article 21
Blank page (Reserved)
-(9
TA: City
pion
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 auniform allotment of four (4) uniform trousers/skirts,
six (6) uniform shirts, and one (1) uniform hat for their first three (3) years, and one allotment of
shoes, leather, and web gear for the first year. Thereafter, every other year, they shall receive a choice
of four (4) uniform trousers/skirts, six (6) uniform shirts, and one (1) uniform hat, or two (2) uniform
trousers/skirts, two (2) uniform shirts, and one hundred and fifteen dollars ($115) of leather and
accessories. In the selection of leather accessories and/or uniforms, the bargaining unit member will
not be entitled to a credit or refund should such selection not equal the dollar amount specified above.
22.2 All sworn bargaining. unit members, depending on assignment or exhibited need as
determined by the Chief of Police or designee, shall be furnished one (1) set of Class C uniforms, one
(1) set of rainwear, one (1) helmet, and one (1) winter jacket, which shall be replaced as needed .
Upon request by a bargaining unit member one (1) bulletproof vest shall be initially provided. A
replacement bulletproof vest shall be provided upon request by a bargaining unit member upon
reaching manufacturer's expiration date or through such police related actions that makes the vest no
longer safe for use as determined by the Chief of Police or designee. The bargaining unit member is
responsible for requesting the initial issue and any replacement.
22.3 On a year when a bargaining unit member is not entitled to any uniform allotment, he/she
may request up to four (4) uniform trousers/skirts, six (6) uniform shirts, and one (1) uniform hat for
replacement of damaged uniform as determined by the Chief of Police or designee, however, such
replacement shall require the requesting party to turn in the uniform he/she is requesting to be
replaced.
22.4 Bargaining Ludt members who had purchased an approved bulletproof vest prior to the
ratification of this collective bargaining agreement by both parties, and did not yet receive
TA City Date FOP Date yI 1,
reimbursement for the bulletproof vest of five hundred dollars ($500) for male officers, or five
hundred fifty ($550) for female officers, shall be entitled to receive such reimbursement. Such
purchased vest shall follow the Department's guidelines for replacement. Bargaining unit members
who purchased and received reimbursement for their bulletproof vest shall not receive an initial
bulletproof vest issue. The Chief of Police shall appoint a person to inspect and approve or reject all
purchased bulletproof vests. Bargaining unit members with less than five (5) years of service at the
time of separation shall return the vests to the City or bargaining unit members continuing their law
enforcement career with another agency maybe allowed to the purchase the vest at fifty percent (50%)
of cost. Upon separation of employment from the City under honorable conditions, a bargaining unit
member with five (5) years of service may retain his/her vest by making payment of fifty ($50) dollars
to the City. Similarly, bargaining unit members who separate from employment under honorable
conditions with ten (10) years of service shall be awarded his/her vest upon request.
22.5 As determined by the Chief of Police or designee, bargaining unit members shall reimburse
the City for the repair or current replacement cost of lost, stolen, or damaged City equipment when
the bargaining unit member's careless and/or negligent act(s) resulted in the loss, theft, or damage.
A city issued vehicle damaged by a bargaining unit member will follow the Police Department Orders
regarding City issued vehicle accidents. In any grievance of an action taken under this section, the
City shall bear the burden of proof.
22.6 Bargaining unit members who, due to the nature of their assignments and/or job fiinctions,
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.
TA City 0 Date _A FOP Date ;F�
22.7 Authorized non -uniformed bargaining unit members shall receive a clothing allowance of
fide fifty dollars -($55 -LO) per pay period meek. Authorized non -uniformed bargaining unit
members who are absent without pay, on military leave, and/or on disability leave, shall receive no
clothing allowance payments during the periods of absence.
Authorized non -uniformed bargaining unit members not receiving a clothing allowance for
any of the foregoing reasons shall begin to receive the allowance on the date of their return to regular
duty as full-time sworn police officers. Bargaining unit members temporarily transferred to a position
that normally would entitle a bargaining unit member to receive a clothing allowance shall not receive
the allowance unless his/her transfers exceeds thirty (30) consecutive working days. Bargaining unit
members authorized to receive a clothing allowance as specified in this section may select, after their
third (3`d) allotment of clothing as provided in Section 22.1 and thereafter, one (1) shirt and one (1)
trouser/skirt or a combination of uniforms and leather accessories from a list provided by the
department, not to exceed sixty five dollars ($65). Such selection shall be in lieu of the normal
-uniform allotment the bargaining unit member would otherwise receive as provided in Section 22.2
following his/her third year of employment Replacement of these uniform articles shall occur as
specified in Section 22.3.
22.8 Bargaining unit members who were not provided a City cellular phone and/or required to
use cellular phones during employment, as determined by the Chief of Police or designee, shall
receive a cellular phone allowance of seventy five dollars ($75) per month. Each bargaining unit
member receiving a cellular phone allowance is required to purchase a cellular phone at their own
expense. Bargaining unit members required to use cellular phones during the course of and as part
of their employment must be accessible at all times by such phones and such phones must include
voicemail. Upon request of the Chief of Police or designee, employees will be required to provide
proof of payment of their cellular phone bills.
TA City Date FOP (' Date
I
Article 23
PREVAILING BENEFITS
23.1 All job benefits in effect at the time of the execution of this Agreement heretofore
authorized by the City Manager or benefits provided for by ordinance of the City Commission,
not specifically provided for or abridged by this Agreement, shall remain in full force and effect
for the duration of this Agreement.
23.2 The City and the F.O.P. will meet at the request of either party to negotiate any
proposed changes in those rights and benefits not specifically covered by this Agreement,
provided however no changes shall be made except where a waiver exists or where the change is
negotiated in accordance with Chapter 447, Florida Statutes.
Tentatively Agreed _
City ���' � Union Z,144Is,
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 Trast. The City shall contribute sixty-five percent (65%) of the total plan cost l -ss
$1,200,000.00 in City fiseal year- �20_114 20-115 (eaeh eefftr-ikAien by the City �A411 be r-edueed b�-m
. . i that p@rmits the City to pay less 4tan sixty fiv@ pereea� 0
) of toW plan cost for- Q
fisea4 yea. 2014 2015 will not be eensidered the staWs quo, b�# the femaifidef ef this section will
eensidered Latus quo. Total plan costs shall be determined on an annual basis by sound accounting
practices and projections from a firm engaged by the F.O.P. Trust. The City reserves the right to
conduct its own Actuarial and plan review to evaluate plan management and to verify the projections
submitted by the F.O.P. Health Trust at no cost to the plan. Upon request, the F.O.P. Health Trust
agrees to provide the City's designee and/or benefit consultants with all pertinent plan projections,
plan design, and vendor arrangements. If there are any discrepancies between the findings of the City
and the plan's management and projections of the Trust's Actuary which cannot be resolved, a
mutually agreeable third party Actuary shall review the findings from both parties and render a
decision. The decision of the third party Actuary shall be final and binding with regard to the
determination. The third party Actuary will be a member of the Academy of Actuaries with the
designation of Member of the Academy of Actuaries Association (MAAA) or a Fellow of the
Academy of Actuaries Association (FAAA). The cost of the third party will be shown as a cost to
the F.O.P. Health Trust and the City will pay sixty five percent (65%) as part of the total plan costs
City Proposal. Updated on 51$!2015
and the F.O.P. Health Trust shall pay 35%. To the extent there is an impact on the Trust due to the
"Government Accounting Standards Board ("GASB") issued Statement No. 45, such impact will be
excluded from the funding calculations for total plan cost as stated in the collection bargaining
agreement.
The City reserves the right to request monthly claims reports for monitoring purposes and
to conduct a proj ection analysis and plan review should the F.O.P. Health Trust fiend 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
(41(0
�,j � Ji r 57
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 (3 112) month period.
Should the Fund level exceed six million ($6,000,000.00) dollars at the end of each Fund
fiscal year then the F.O.P. Health Trust's total plan costs for the upcoming plan year shall be reduced
by the excess amount over six million ($6,000,000.00) dollars.
The benefit levels of the F.O.P. Health Trust shall not be changed if such changes would
result in increased liability to the City in maintaining the three million ($ 3,000,000.00) level.
24.4 The F.O.P, shall maintain its own group health, life, and accidental death and
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.OR'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
0 �R �, J) t 58
City Proposal Updated on 518/201.5
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.
0 �(O ? �Jf( 59
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,
Tentatively Agreed )n �, i -f
Cit 1e Z,9 ,s UU o� JK1
y � � i
D. The revocation or suspension of dues deduction as certified by the duly
authorized Union representative or,
E. The decertification of the F.O.P. as the bargaining unit.
25.5 The Union shall indemnify and hold the City, its officers, officials, agents and
employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for
all legal costs arising from any acts or omissions of the City, its officials, agents and bargaining
unit members in complying with this Article. The F.O.P. shall promptly refund to the City any
funds received in accordance with this Article that are in excess of the amount of dues which the
City has agreed to deduct.
25.6 This Article applies only to the deduction of membership dues and shall not apply to
the collection of any fines, penalties, or special assessments.
Tentatively Agreed )'Pq �'
City Sle/:Z O'/
Union Lri�Cw r��
Article 26
F.O.P. TIME POOL
A F.O.P. time pool is hereby authorized subject to the following:
26.1 The City agrees to establish a time pool bank of seven thousand (7,000) hours per fiscal year
to be used in accordance with the provisions of this Article. All unused hours will be carried over to
the following fiscal year.
26.2 For each bargaining unit member, except the F.O.P. President, who is authorized to use time
from the time pool, the President shall fill out the appropriate form as provided by the City. This
form shall be processed through channels of the bargaining unit member who is to use the pool time.
The form must be processed so that a copy shall be in the Office of the Chief of Police a minimum of
seven (7) calendar days prior to the time the bargaining unit member has been authorized to use the
pool time. It is understood on rare occasions the seven (7) day time limit may not be met. The
President shall then forward a detailed explanation to the Chief of Police as to why the seven (7) day
rule wasn't met. Failure to file this properly completed pool time usage form within seven (7) days
or failure to file an explanation with the Chief of Police as to why the seven (7) day time limit wasn't
met, shall result in the bargaining unit member not being paid for all such time requested.
26.3 Bargaining unit members shall be released from duty on pool time only if the needs of the
service permit, but such release shall not be unreasonably denied. If because of the needs of the
service a bargaining unit member cannot be released at the time desired, the F.O.P. may request an
alternate bargaining unit member be released from duty during the desired time.
26.4 F.O.P. Time Pool hours will be used on an hour for hour basis, regardless of the hourly rate
of the bargaining unit member using Time Pool hours. In reporting a bargaining unit member's
absence as a result of utilizing the Organization Time Pool, the daily attendance record shall reflect:
"Officer Doe on FOP" (F.O.P. Time Pool)
TA City _ Date 2 FOP Date ')d � �
26.5 Any injury received or any accident incurred by a bargaining unit member whose time is
being paid for by the F.O.P. Time Pool, or while engaged in activities paid for by the F.O.P. Time
Pool, except the F.O.P. President and two designees when on full-time release shall not be considered
a line -of -duty injury, nor shall such injury or accident be considered to have been incurred in the
course and scope of his/her employment by the City within the meaning of Chapter 440, Florida
Statutes as amended, except for injuries sustained in Miami -Dade, Broward or Monroe Counties
while in the course of attempting to halt a felony in progress or apprehending a fleeing felon.
26.6 Upon written request through channels, the F.O.P. President and the two (2) designees will
be released for the term of this Agreement from his or her regularly assigned duties for the City of
Miami Police Department. The terms of this Agreement for such release are only to be implemented
if the following qualifications are met by the F.O.P.:
A. The F.O.P. President and the two (2) designees will reasonably be available at the
F.O.P. office currently located at 710 SW 12th Avenue, Miami, Florida, 33135, for
consultation with the Management of the City.
B. The F.O.P. President and the two (2) designees shall be the only Bargaining Unit
representatives released to appear before City Boards or Commission. Release for
appearances before City Boards shall be on "F.O.P." time pool and release for
appearances before the City Commission shall be designated as Administrative
Leave (AL). In the absence of the President, the President's two (2) designees may
represent the F.O.P.; however, the designee must comply with Section 26.2 of this
Article.
C. The Time Pool will be charged for all hours during which the F.O.P. President and
the two (2) designees are on off-duty release except that absence due to use of
vacation leave, sick leave, holidays, or compensatory leave will be charged to the
President and designee's leave acco-ants.
TA City Date FOP Date V
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.
TA City Date� 16 FOP Date ;- I -d IV
Article 27
DISCRIMINATION
27.1 No bargaining unit member covered by this Agreement will be subjected to
discrimination with regard to any job benefits or other conditions of employment because of age,
race, religion, national origin, sex, ^r- er-ganization ,,,o,,. befship and union affiliation, disability or
sexual orientation.
27.2 Any bargaining unit member as a condition of relying upon this contractual provision in
a grievance proceeding expressly and knowingly waives any further statutory or constitutional
right to sue based upon a similar claim.
Tentatively Agreed �yj_
City �����D.o6 Union (,,.)141 14(
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 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.
Tentatively Agreed )nM
City �-��� �� Union
Article 29
COMMENDATION PAID LEAVE
29.1 The Chief of Police, upon approval of the City Manager or his designee, may grant up to
forty (40) hours of paid leave to any bargaining unit member whose job performance is of such an
exemplary or heroic nature as to warrant this special consideration. This Article shall not be subject
to the Grievance Procedure or arbitration,
TA City. Date FOPV Date 1 ��
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 tont members may take FMLA leave of absence without pay not to exceed
ninety (90) days in a 12 (twelve) month rolling period for the birth or adoption of a child, to care
for an immediate family member with a serious health condition, or the bargaining unit
member's own serious health condition, 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
Tentatively Agreed >f—)?2-11)
City _ e • Unio!a
his/her designee and shall not be reviewable through the Grievance Procedure, including
arbitration, or appealable to Civil Service Board.
30.5 Bargaining unit members who desire to take a leave of absence without pay for any
reason specified in this Article, excluding serious health condition, must first use all accrued
vacation, sick and compensatory leave prior to taking a leave without pay. A bargaining unit
member requesting leave without pay for a serious health condition Colder 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
Tentatively Agreed__
City ej / F/A 0/,5 Uhion
the date the employee accepted another position or engaged in other employment as described
herein.
Tentatively Agreed_
City UP ]"On
Article 31
VACATION
31.1 Vacation shall be calculated on actual service in the previous calendar year and shall
only be taken after the completion of six (6) months of actual continuous service. If a bargaining
unit member is employed prior to the 15th of the month, it shall be considered as a full month of
service and count in prorating vacation. Qediting vaeation shall occur in anua .., of each year
31.2 Earned personal leave shall no longer be credited to bargaining unit members and shall
cease as available time. (Note: the fourteen (14) hours of earned personal leave was incorporated
into the vacation leave accrual).
31.3 Bargaining unit members shall accrue vacation in accordance with the following
schedule:
1 - 5 years ----------------------------94 hours
6 ---- 10 years ----------------------------134 hours
11--- 15 years ----------------------------154 hours
16--- 20 years ---------------------- -----174 hours
21--- 25 years ----------------------------194 hours
26--- and over --------------------------- 214 hours
Bargaining unit members will not be credited with anniversary vacation.
31.4 Vacations shall be taken by the last payroll period of the calendar year in which the
vacation was credited. Bargaining unit members shall only be allowed to carryover two hundred
(200) hours of the previous year's credited vacation, Any excess vacation over the two hundred
(200) hour automatic carryover shall be forfeited as of the last payroll period of the calendar year
Tentatively Agreed
City Sril-2-61- Un on ���VN
in which the vacation was credited, and no exceptions to the maximum carryover allowance shall
be permitted absent the express written approval of the City Manager. Bargaining unit members
with unused accrued vacation hours in excess of two hundred (200) hours as of October 1, 2012
shall have those hours in excess of two hundred (200) hours grandfathered. Bargaining unit
members who were on disability at the time of their scheduled vacation shall be paid for all
excess vacation over two hundred (200) hours at the rate of pay the bargaining unit member was
earning at the time the bargaining unit member was placed on disability. If a bargaining unit
member has a vacation for which he/she was eligible and previously approved cancelled due to
staff shortage or emergency conditions, and is not permitted to reschedule by the end of the
calendar year, he/she shall be paid for any hours in excess of two hundred (200) hours which
would have been forfeited. These hours will be paid up to eighty (80) hours and at the
bargaining unit member's current hourly rate of pay.
31.5 A bargaining unit member's annual vacation accrual shall be reduced for leaves of
absence without pay and suspensions. The bargaining unit member's annual vacation accrual
shall be reduced on a yearly basis in accordance with the following schedule -
Hours Without Pay Penalty
88
176
hours
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
I1
months
annual
vacation
accrual
1907
- 2080
Hours
12
months
annual
vacation
accrual
Tentatively Agreed Tri� Ad
City ,.S ISJ,� 0/5 Union ���
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 Labor Relations/Assistant Director, Department of Human Resources whose
decision is -nal. 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 (Rule of 70 or Age
50) may, at their sole discretion, make an irrevocable election in the calendar year prior to the
calendar year in which the bargaining unit member severs service from the City of Miami to
convert any portion of their accumulated vacation time to sick time at the time of severance of
service.
Tentatively Agreed 11Ib
City : /eS'A rJ1 � Un on �,V�
Artiele T)..
BLOOD DONORS
32.1. Bargaining Lunt 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.
Tentatively Agreed
��SIA4 / 9niL7 on
Article 33
SICK LEAVE
33.1 The parties agree that care and discretion shall be exercised by Management and the
F.O.P. in order to prevent the abuse of sick leave privileges. Absences for trivial reasons must
be discouraged. To determine the extent or reasons for a bargaining unit member's absence on
sick leave, the bargaining unit member's immediate supervisor or a Management designee may
visit the home of the bargaining unit member on sick leave with pay. In cases where
Management suspects that a bargaining unit member is malingering, sick leave with pay shall not
be granted.
33.2 Permanent bargaining unit members who are in pay status at least one hundred and
twenty (120) hours per month shall accrue up to eight (S) 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 Ieave 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 Hunan Resources and obtain approval before
returning to work.
Tentatively Agreed
City � • 0 1140,
33.6 Other banked leave time may be substituted for sick leave only when a bargaining unit
member has depleted all of his/her sick leave bank.
When a bargaining unit member has depleted all of his/her leave time balances and has
not been approved for Family Medical leave as outlined in Article 28 of this Agreement, he/she
will be as follows:
— Illness without Pay
33.7 All bargaining unit members covered by this Agreement may be allowed to use up to
eighty (80) hours of accrued sick leave in any one calendar year due to serious injury or acute
illness of any actual member of the bargaining unit member's immediate family. The immediate
family shall be defined as father, mother, sister, brother, husband, wife, domestic partner (who
meets the criteria of the FOP Health Trost), children, father-in-law, mother-in-law, grandparents,
spouse's grandparents, stepfather and/or stepmother.
33.8 Bargaining unit members who have not utilized any sick leave and/or who have not
been on disability or in a leave without pay status for the full payroll calendar year shall receive
eight (8) hours of commendation paid leave.
33.9 Bargaining unit members covered by this Agreement who exercise normal retirement
(excluding bargaining unit members who leave on vested rights) shall be paid for one hundred
percent (100%) of accumulated sick leave up to one thousand (1,000) hours and fifty percent
(50%) of accumulated sick leave above one thousand (1,000) hours.
33.10 Bargaining unit members with ten (10) or more years of service who terminate
employment with the City under honorable conditions shall receive a cash payment equal to one-
fourth (114) of their unused accumulated sick leave.
Tentatively Agreed ✓�!
City SA/Z69/5 L1 ion 1,
33.1.1 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 (112) of their unused accumulated sick Ieave.
33.12 Bargaining unit members who are terminated from employment, forfeit all sick leave
payout.
33.1.3 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 Lunt members who are eligible for retirement may, at their sole discretion,
mare an irrevocable election in the calendar year prior to the calendar year in which the
bargaining Lunt member severs service with the City of Miami to convert any portion of their
accumulated sick time to vacation time at the time of severance of service. The conversion of
sick time to vacation time shall be at the rate of one. hundred percent (100%) of accumulated sick
Tentatively Agreed
City 51VZ 01's Ilion
��ail�
leave up to one thousand (1,000) hours and fifty percent (50%) of accumulated sick leave above
one thousand (1,000) hours.
33.16 Effective upon implementation of the Post Employment Health Plan, bargaining unit
members covered by this Agreement shall have credited to their Post Employment Health Plan
account one hundred percent (100%) of accumulated sick leave up to one thousand (1,000)
hours* and fifty percent (50%) of accumulated sick leave above one thousand (1,000) hours at
time of severance of service with the Department, including any vacation converted under
Article 31, Section 31.9.*
*NOTE: Any vacation leave time balances that are converted to sick leave under Article 31 -
Vacation, Section 31.9 shall be added over and above the 1,000 hour limitations set forth in
Section 33.15.
Tentatively Agreed_
Article 34
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
34.1 In an effort to identify and eliminate on or off duty controlled substance abuse and on
duty alcohol abuse, a bargaining unit member will be ordered to undergo a urinalysis/blood test
immediately upon notification as provided herein:
A. Following any vehicular accident occurring on -duty, on an off-duty detail, or
traveling to or from same, and/or involving bargaining unit member(s) while
driving a City vehicle or rented vehicle, where a staff level officer has reasonable
belief based upon objective factors that the involved bargaining unit member(s)
may be under the influence of alcohol or any controlled substance, unlawful,
mind -altering, or non -physician prescribed drugs.
B. Where a staff level officer has a reasonable belief, based upon objective factors
that a bargaining unit member is under the influence of any illegal drug or
controlled substance not prescribed for him/her by a licensed physician.
1) If the reasonable belief giving rise to the testing order arises while the
bargaining unit member is on duty, a reasonable effort shall be made to have
the test performed while he/she is still on duty or as soon thereafter as is
practical.
2) In the event that the reasonable belief arises while the bargaining unit
member is off duty and the bargaining unit member is not at the scene of an
accident, arrest, or other event he/she shall be directed to undergo a
urinalysis/blood test immediately unless there are compelling reasons to
wait until the next tour of duty or the next morning, whichever occurs drst.
Tentatively Agreed 2?
City 51111 Afi/..S Un on (W J/(f d
C. Where a staff level officer has a reasonable belief that a bargaining unit member
is under the influence of alcohol on duty, or off-duty, while driving a City vehicle
or rented City vehicle, or while covered for portal to portal pay for workers'
compensation.
34.2 Random Substance Screening
A. Throughout each calendar year the City may conduct up to one thousand two
hundred and fifty (1,250) random substance screenings on members of the
bargaining unit. A bargaining unit member may be randomly selected no more
than two (2) times during each calendar year and notified that he/she must report
for testing.
B. Bargaining unit members selected for random substance screening shall report to
either a hospital or accredited testing laboratory, as chosen by the City. The
hospital or accredited testing laboratory shall include sufficient safeguards to
ensure that proper chain of custody procedures is enforced.
C. The following drugs or classes of drugs and cut off concentration levels shall be
applicable for determining whether specimens are negative or positive for the
initial or confirmation test. A positive result shall be a concentration in excess of
the following:
Initial Test Level ng/ml)
In accordance with industry
Cannabis (Marijuana) Metabolites 50
Cocaine Metabolites 300
Opiate Metabolites 2000
Tentatively Agreed
City 5.18-26/s
GUMS Level (ng/ml)
standards
15
150
In accordance with levels
nion
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
25 — until Federal and State
"Industry Standards" are
established
150 until Federal and
State "Industry Standards"
are established
Methylenedioxymethampetamine 300 150
(MDMA, Ecstasy)
(Additional drugs may be added to the list as dictated by applicable law or upon mutual
agreement of the parties.)
D. Bargaining unit members shall give either a blood sample (only to be used for
testing blood alcohol content), or a urine sample as directed by management, at
either a hospital or accredited testing lab, chosen by the City. 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.
Tentatively Agreed
City
5/g/2 0/-5 Un1on
E. Bargaining unit members may, upon request, have an F.O.P. representative
present on laboratory premises during the collection procedure, provided that the
test will not be postponed for more than sixty (60) minutes. A telephone call will
be made to the F.O.P. President advising of said pending test, but in no instance
will the sixty (60) minute waiting rule be waived.
F. Any test showing a "positive" result will be confirmed by the Gas
Chromatography/Mass Spectrometry (G.C.M.S.) method or other industry
standard method before 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 docs not want the test results released to
F.O.P.
34.3 Where a bargaining unit member alleges that an order made under this section is not
consistent with the criteria cited herein, he shall comply with the order, and may simultaneously
file a protest with the communicator of the order. Disputes arising out of such protests shall be
arbitrable under Article 6 of this Agreement.
Tentatively Agreed Sr .tis' 6 1 Jj4)P•
City � /� p U�iion
34.4 Refusal to comply with an order to submit to substance/alcohol screening will
constitute grounds for termination. The bargaining unit member refusing to be tested shall be
placed on leave without pay pending the final determination,
34.5 Any positive test for a controlled substance which is confirmed by G.C,M,S. or better
testing shall result in discipline up to and including dismissal. The bargaining unit member
refusing to be tested shall be placed on leave without pay pending the final determination.
34.6 Any positive test of alcohol which is confirmed shall result in discipline up to and
including dismissal. The bargaining unit member refusing to be tested shall be placed on leave
without pay pending the final determination.
Tentatively Agreed
City f .� Union
Article 35
HEART BILL/PHYSICALS
35.1 Upon ratification of this collective bargaining agreement by both parties, bargaining unit
members who during the course of their employment with the City, demonstrate having any condition
or impairment of health caused by tuberculosis, heart disease, or hypertension resulting in total or
partial disability or death shall be presumed to have been accidental and to have been suffered in the
line of duty unless the contrary be shown by competent evidence. however, any such bargaining unit
member shall have successfidly 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 tinder or granted in a policy of life insurance or
disability insurance, unless the insurer and insured have negotiated for such additional benefits to be
included in the policy contract.
35.2 This section shall be construed to authorize the City to negotiate policy contracts for life and
disability insurance to include accidental death benefits or double indemnity coverage which shall
include the presumption that any condition or impairment of health of any kind caused by
tuberculosis, heart disease, or hypertension resulting in total or partial disability or death was
accidental and suffered in the line of duty, unless the contrary be shown by competent evidence.
TA City _ Date An* -FOP Date i v/ 4
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 two hundred thousand dollars {$200,000} from the City of Miami upon
said bargaining unit member's death. Application shall be made to the Department of Human
Resources for payment of such death benefits.
Tentatively Agreed )" JV
City1vl
Union'
�i.5
Article 37
NON DUTY COURT APPEARANCE
37.1 Attendance in court in response to legal order or subpoena to appear and testify in
private litigation not in connection to bargaining unit member's official duty, but as an individual
shall be taken as vacation, compensatory leave, or leave of absence without pay. Attendance in
court in response to a subpoena to appear and testify in connection with a bargaining unit
member's official duty, including being called as a witness by the defense (excluding testimony
as a character witness) shall, if testimony is given while on duty be paid at the bargaining unit
member's straight hourly rate or, if testimony is given while off-duty be paid at one and one half
(1 112) times the bargaining unit member's straight time rate and considered overtime worked.
Tentatively Agreed 1�71Y7 11'
City �IfflL�l�
Uri—
city on �\
Article 38
RESERVED
Tentatively Agreed
City
City's Counter Proposals 5.17.2016
Article 39
PENSION
39.1 The parties adopt Section 40-191 through 40.212, Miami City Code, of the City of Miami
Firefighters' and Police Officers' Retirement Trust ("FIPO") subject to Article 45.6.
Employee pension contributions
WN:1�1R���Z�r�•I t�l� ��. •4�l�nl!9.l l�J ••��l s'L �}l�J
employee pension contribution will be seven percent (7%) of compensation for all employees hired
before October 1, 2012. For all employees hired on or after October 1, 2012, the employee pension
contribution shall be ten percent (10%) of compensation.
39.2 In. the event the City decides to pursue the issuance of a securitized instrument as an asset
to FIPO, the City and the Union. agree to negotiate a sharing arrangement for a portion of the
savings.
39.3 BACKDROP option, A Backdrop benefit option shall be implemented on January 1, 2013.
The Backdrop option shall replace the existing DROP program. Employees who have not attained
normal retirement eligibility as of the effective date and all employees hired on or after that date,
will be eligible for the Backdrop option, but will not be eligible for the DROP. Anyone eligible
for the forward DROP as of January 1, 2013, remains eligible for the forward DROP as it presently
exists and anyone eligible for the forward DROP as of January 1, 2013 who chooses not to enter
the forward DROP remains eligible for the Backdrop. Anyone with accrued pension benefits
vested prior to October 1, 2012 will remain eligible to exercise the existing DROP program option
for those accrued benefits.
(0
TA: City
(a) An eligible employee who elects the Backdrop option shall receive a monthly
U on
City's Counter Proposals 5.17.2016
TA: City
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 hump sum payment under the Backdrop option is
based on the form of benefit selected.
(b) Employees are eligible to elect the Backdrop option after completing one year
of creditable service following the normal retirement date. A Backdrop election
must be made within 10 years after becoming eligible for normal retirement. The
maximum Backdrop period is 7 years. Eligible employees who wish to elect the
Backdrop option must provide written notification to the Department Director
and the Department of human Resources at least 8 months prior to the
employee's retirement date; provided a lesser notice period may be approved by
nion
City's Counter Proposals 5. 17,2016
the City Manager due to special circumstances. Employees are not required to
elect the Backdrop option.
(c) All or part of the lump sum payment under the Backdrop option may be rolled
over to an eligible retirement plan or IRA in accordance with federal law.
If the back DROP is ever terminated, for any reason, the rights of all persons then in the
DROP shall not be diminished or impaired. Additionally, if the back DROP is ever terminated, all
persons who are then eligible for a back DROP will still be eligible for a 7 year back DROP. The
Board of Trustees of FIPO shall develop operational rules for the implementation of this provision.
The parties agree to support the change of the approved actuarial cost method from the
current aggregate method to the Entry Age Normal actuarial cost method based on reasonable
amortization periods and assumed payroll growth with an expected reduction in contribution
requirements of approximately 2.58 million dollars estimated using a 25 year amortization period
and 3% payroll growth. If legally necessary or legally required, the parties agree to jointly 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 Multi lier
Effective October 1, 2016, a bar ag ining unit _member exercising_M retirement on or
after October 1 2016 shall be entitled to receive a retirement allowance e ual 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.
39.5 Service Retirement Minimum Aim 49
(e I
� � -
TA: City V Union
City's Counter Proposals 5.17.2016
FIPO will be modified to reflect that the normal retirement age for a member employed
on or after October 1, 2016, shall be changed from a minimum of age 50 with ten or more years
of creditable service to a minimum of age 49, with ten or more ,years of creditable service.
TA: City
pion
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 The Chief of Police shall continue to fill slots as openings occur during the year through
the established regular bidding process. The Chief of Police shall determine what open slots will
be staffed and bid. When one or more vacant slots need to be filled, personnel may be temporarily
assigned to cover staffing needs. Those bargaining unit members who are temporarily assigned
will come from bargaining unit members most recently transferred to Field Operations Division,
laterals from other Department, probationary officers/sergeants, and bargaining unit members who
have not yet bid for a permanent position. Temporary assignments will be for a period not to
exceed twelve (12) months.
40.3 Seniority shall only be used in determining shift assignment, area, and in the assignment
of days off upon an opening occurring within a patrol unit. Seniority shall not be used in
determining assignment to a specialized unit. In specialized units seniority is defined as
continuous time within the specialized unit.
40.4 Seniority shall, for the propose of this Article, be defined as date of rank excluding
probationary (promotional and initial) and non -sworn status. Where seniority by date of rank is
the same for two or more bargaining unit members then the most recent date of hire as a police
officer shall be utilized. For the rank of Lieutenant where the seniority date of rank is the same for
two or more bargaining unit members, their promotional date prior when holding the rank of
Sergeant shall be utilized. For the rank of Captain where the seniority of date of rank is the same
for two or more bargaining unit members their promotional date gror when holding the rank of
Lieutenant shall be .utilized. If two or more Captains have the same_ promotional date as
Lieutenants, their promotional date prior „when „holding the rank of Sergeant shall be utilized. If
either supervisory ranks are the same promotional date when previous supervisory_ promotional
dates are exhausted, then the most recent date of hire as a police officer shall be utilized. In cases
where a former bargaining unit member has been rehired by the Department, the bargaining unit
member's most recent date of hire as a police officer will be utilized. Leaves of absence without
pay or suspensions will reduce the bargaining unit member's seniority by the amount of time for
such leave of absence or suspension.
40.5 Exceptions to the use of seniority as specified in 40.3 may occur in an emergency or
when special knowledge or skills are needed or as determined by the Chief of Police or the Chief s
designee.
SID PROCESS/SENIORITY FOR DETENTION OFFICERS
40.6 One full year after the commencement of the Detention Officer position, the Chief of
Police shall fill slots to non -probationary Detention Officers. The open slots will be filled
throughout the regular bidding process.
40.7 Thereafter, the Chief of Police shall determine what open slots will be staffed and bid.
When one or more vacant slots need to be filled, personnel may be temporarily assigned to cover
staffing needs. Temporary assignments will be for a period not to exceed twelve (12) months.
40.8 Seniority shall only be used in determining shift assignment, area and in the assignment
of days off upon an opening occurring.
40.9 Seniority shall, for the purpose of this Article, be defined as the date on which the
employee obtained permanent status as a detention officer, excluding probationary periods
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(promotional and initial) and employment in non -sworn status. Where seniority is the same for
two or more detention officers, then the most recent date of hire shall be Utilized. Where seniority
by date of hire is the same, then date and time of the employment application will be utilized. For
purposes of this Article, leaves of absence without pay or suspensions will reduce the Detention
Officer's seniority by the amount of time for such leave of absence or suspension.
40.10 Exceptions to the use of seniority as specified in 40.8 may occur in an emergency or
when special knowledge or skills are needed, as determined by the Chief of Police or the Chief's
designee.
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City's Counter Proposals 5.17.2016
Article 41
VEHICLE PROGRAM
41.1 In an effort to reduce costs to the City in maintenance, repairs, accidents and liability, the
following take-home vehicle program will be implemented:
A. All sworn bargaining unit members, with the exception of Detention Officers, will
be assigned a twenty-four (24) hour vehicle upon his/her successfiil completion of
probation.
B. Twenty-four (24) -hour vehicles will only be used for travel to and from the
bargaining unit member's home and work or any function within the scope of
his/her official duties.
C. Twenty-four (24) hour vehicles will only be used for personal reasons within the
boundaries of the City of Miami, except for use within Metro -Dade County for the
purpose of attending college classes.
D. Under no circumstance will a City vehicle be used to transport a passenger outside
the scope of his/her official City business.
E. Any bargaining unit member involved in a vehicular accident determined to be
preventable by the Accident Review Board will lose the privilege of a twenty-four
(24) hour vehicle as follows;
Reasonable action
No injuries
Under $1,000 damage No Loss
Reasonable action 1 Month
No injuries
Over $1,000 damage
Reasonable action 2 Months
Injuries
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City's Counter Proposals 5.17.2016
Unreasonable action 3 Months
No injuries
Unreasonable action 6 Months
Injuries
F. The above-mentioned sanctions will be imposed in addition to any disciplinary
actions that may be imposed by the City.
G. A bargaining unit member,. whose twenty-four (24) hour vehicle is unavailable due
to maintenance, repairs, or damage, will not require the replacement of said vehicle
on a twenty-four (24) hour basis.
H. Departmental policy on the use and operation of police vehicles shall apply. To
facilitate the dissemination of information to bargaining unit members regarding
changes to Departmental policy on the use and operation of twenty-four (24) hour
vehicles, the Department agrees to notify the President of the F.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,
1. (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. Four (4) cylinder vehicles may be assigned to
Communications, Community Relations, Property, Training, Backgrounds and
limited and light duty personnel. All other twenty-four hour vehicles will be at least
six cylinders.
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City's Counter Proposals 5.17.2016
(ii) The City will purchase/lease and allocate twenty- four (24) hour vehicles. T4ia
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Sixty percent of the vehicles will be marked vehicles and the
remainder unmarked. All insurance monies recovered by the City for police
vehicular accidents which is not used to repair police vehicles will be used to
purchase/lease additional police vehicles in the next fiscal year.
I 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 3040 W).
(Motorcycle preventive maintenance shall include change of oil, change of all
fluids, and lubrication of chassis).
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City's Counter Proposals 5.17.2016
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.
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.
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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. j ob duties in accredited technical school, college or university and/or any approved accredited
on-line college/university in the United States where accreditation is recognized by the United States
Department of Education. Other educational programs may be covered, provided the City and the
F.O.P. mutually agree upon inclusion of the educational program.
42.2 Any full-time sworn, permanent bargaining unit member shall be eligible to participate in
the Tuition Reimbursement Program. Tuition reimbursement provided under this Article shall not be
subject to budgetary constraints.
42.3 All course work must be taken at or from an accredited college, university or educational
institution approved by the City Manager or the Department of Human Resources designee. Course
work taken under provisions of this Article must be directly related to the bargaining -unit member's
job duties. Class attendance will be on the bargaining unit member's own time unless otherwise noted
in the course announcement and authorized by the City Manager or the Labor Relations/Deputy
Director Department of Human Resources.
42.4 Reimbursement will be limited to actual tuition costs up to a maximum of two thousand
dollars ($2,000) per calendar year. Books, housing, incidental fees, and all other fees and costs related
to the course work will not be reimbursed by the City.
42.5 To be eligible for reimbursement, the bargaining unit member must successfully complete
the course work and provide evidence of a grade of "C" or better to the City.
42.6 Procedures for reimbursement will be as follows:
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A. The bargaining unit member must obtain three (3) copies of the Application for Tuition
Reimbursement form for each course from the Police Department or the Human
Resources Department.
B. The bargaining unit member must complete the application in triplicate and submit it
to the Chief of Police subsequent to registration and immediately prior to the first day
of class at the education institution.
C. The Chief of Police will review the application and if he/she approves, and will
forward the original and one copy to the 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 Chief of Police with the reason for rejection noted thereon.
42.7 In the event the bargaining unit member resigns or is terminated from the City within one
(1) year following completion of the course(s) for which City funds were expended, the amount of
tuition reimbursement paid to the bargaining unit member will be reimbursed to the City by the
bargaining unit member upon his/her termination from the City through a deduction from his/her final
paycheck.
42.8 Upon completion of the course work, the bargaining unit member must submit his/her
semester grade report together with the tuition fee receipt to the Chief of Police. The Chief of Police
will submit the approved application for tuition reimbursement along with the bargaining unit
member's semester grade report to the Finance Department who shall then reimburse the bargaining
unit member for the City's share of the tuition reimbursement. The Chief of Police will advise the
Human Resources Department of the bargaining unit member's satisfactory completion of the course.
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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.
Tentatively Agreed `\�
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City's Counter Proposals 5.17.2016
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 budgetedvacancy for the classified
position. For pay and seniority purposes, if the City fails to promote within one hundred and eighty
(180) calendar days from the effective date of the budgeted vacancy, retroactive pay shall be paid
beginning one hundred and eighty one (18 1) 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 181St day
from the effective date of the budgeted date of the budgeted vacancy, if the promotion is not made
before 180 days. However, the City she fill all budgeted vacancies for the position of Sergeant,
Lieutenant and Captain prior to the expiration of the register.
44.2 This provision shall not apply when a freeze is declared by the City Manager or the position
is abolished, frozen, or audited from one bargaining unit classification to a different bargaining
unit classification, nor shall it apply when a promotion is delayed due to court order(s), judgment
and/or order from the Department of Justice (DOJ) expressly prohibiting the administration of an
examination/promotion. Once a freeze is lifted,
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vacancies shall be filled as outlined in 44, 1, The
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City's Counter Proposals 5.17.2016
City shall .not abolish a sworn classified position for the sole purpose of reclassifying to a sworn
unclassified position.
The parties agree that the City shall, upon ratification of this Agreement, audit no less than
four sworn unclassified/senior staff positions within the Police Department to determine if
budgetarily and administratively feasible to implement reclassification to the position of Police
Captain.
44.3 The Department of Human Resources will keep the members of the bargaining unit covered
by this Agreement advised as to promotional opportunities within. Article 1, Recognition.
44.4 Further, the Department of Human Resources Director via Official Bulletin of the Miami
Police Department and normal notification via the Employment Office will advise eligible
applicants for promotional opportunities of the general area to be reviewed for preparation prior
to the exam.
44.5 All promotional registers for Police Sergeant, Lieutenant, and Captain shall remain in
effect for a period of two (2) years from the date the register becomes effective, unless the register
is exhausted. If there are no vacancies, no exam will be required in the ranks of Police Sergeant,
Lieutenant, and/or Captain, however, the City reserves the right to develop and administer exams
in order to maintain eligible registers in anticipation of staffing requirements.
44.6 Promotional examinations for classified bargaining unit positions shall be given as soon as
possible after the expiration of the previous promotional register from the classified position. The
cutoff date to determine seniority and eligibility for the examination will be the first day the
examination is administered.
44.7 Promotional register for Police Sergeant, Lieutenant, and Captain shall have ties broken
using seniority credit that was previously used in calculating the seniority score for the exam. If a
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City's Counter Proposals 5.17.2016
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.
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City's Counter Proposals 5.17.2016
Article 45
TERM OF AGREEMENT
45.1 After a majority vote of those bargaining unit members voting on the question of
ratification and thereafter upon its ratification by an official resolution of the City Commission
ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of the
City, then the Agreement, upon being signed by the appropriate F.O.P, representatives and the City
Manager, shall become effective October 1, 2015 24�4, except where otherwise stipulated. The
Agreement shall continue in force and effect until 11:59 p.m., September 30, 2018 291-5.
45.2 Unless mutually agreed otherwise, on or before February 1, 2018 291 5, 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 (&ar-+*) and new language will be underlined sam le).
45.3 On or before March 1, 2018 241-5, 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 (sly) and new language will be
underlined (sample).
45.4 Initial discussions shall thereafter, and no later than March 15, 2018 205, 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
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City's Counter Proposals 5.17.2016
shall submit to the City Commission a proposed amendment to such law, ordinance or resolution.
Unless and until such amendment is enacted or adopted and becomes effective, the conflicting
provision of the Collective Bargaining Agreement shall not become effective. The City
Administration shall expedite such proposed amendments to the City Commission.
45.6 The parties acknowledge that the FOP has a legal challenge (or challenges) to action
taken by the City in 2010 as a result of an invocation of a financial urgency. This contract will not
be evidence of nor asserted as a waiver of the ability to maintain those legal challenge(s). If
successful, the FOP would be entitled to the remedies available under applicable law. This shall
not constitute a waiver of any legal right or recourse on the part of the City to address any award
of a remedy.
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APPENDIX A - REVISED FOP PAY RATES