HomeMy Public PortalAbout2014-27 Ratification of the 2013-2016 between the Village and the KB Police LieutenantsRESOLUTION NO. 2014-27
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA ("VILLAGE"),
PROVIDING FOR RATIFICATION OF THE 2013-2016
COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE VILLAGE AND THE INTERNATIONAL UNION OF
POLICE ASSOCIATIONS, AFL-CIO, FOR THE
BARGAINING UNIT CONSISTING OF THE VILLAGE'S
POLICE LIEUTENANTS; AUTHORIZING THE VILLAGE
MANAGER TO SIGN THE COLLECTIVE BARGAINING
AGREEMENT ON BEHALF OF THE VILLAGE;
AUTHORIZING THE VILLAGE MANAGER TO TAKE ALL
ACTION NECESSARY TO IMPLEMENT THE
COLLECTIVE BARGAINING AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne ("Village") desires to ratify the 2013-2016
Collective Bargaining Agreement ("Agreement") between the Village and the International Union
of Police Associations, AFL-CIO, for the bargaining unit consisting of the Village's Police
Lieutenants ("Police Lieutenants Union") (a copy of the Agreement is attached hereto as Exhibit
"A"); and
WHEREAS, the Village Council finds that ratification of the Agreement is in the best
interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. The foregoing whereas clauses are true and correct and are incorporated herein
by this reference.
Section 2. Ratification of the Agreement between the Village and the Police Lieutenants'
Union, in substantially the form attached hereto as Exhibit "A," is hereby authorized and approved.
Section 3. The Village Manager is hereby authorized to execute the Agreement on behalf of
the Village.
VIL ' A G E ATTORNEY
Section 4. The Village Manager is authorized to take all actions necessary to implement the
Agreement and the purpose of this Resolution.
Section 5. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED THIS 26th day of August, 2014.
ATTEST:
le; K
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C NCHIT H. A Z, MMC, VILLAGE CLERK
V • D AS TO FORM AND LEGAL SUFFICIENCY:
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
VILLAGE OF KEY BISCAYNE, FLORIDA
AND
INTERNATIONAL UNION OF POLICE
ASSOCIATIONS, AFL-CIO
(POLICE LIEUTENANTS' CONTRACT)
OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2016
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 1
RECOGNITION CLAUSE 1
ARTICLE 2
MANAGEMENT RIGHTS 2
ARTICLE 3
NO STRIKES AND LOCKOUTS 4
ARTICLE 4
UNION ACTIVITIES 5
ARTICLE 5
NON-DISCRIMINATION CLAUSE 8
ARTICLE 6
DUES DEDUCTION 9
ARTICLE 7
BULLETIN BOARDS 10
ARTICLE 8
INITIAL PROBATIONARY PERIOD 11
ARTICLE 9
DISCIPLINARY PROCEDURES 12
ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURE 13
ARTICLE 11
SENIORITY 16
ARTICLE 12
LAYOFF AND RECALL 17
ARTICLE 13
WORK WEEK AND WORK SHIFT 19
ARTICLE 14
LEAVES OF ABSENCE 22
ARTICLE 15
JOB CONNECTED DISABILITY 23
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 16
SAFETY & HEALTH 25
ARTICLE 17
PHYSICAL AND SUBSTANCE ABUSE EXAMINATIONS 27
ARTICLE 18
LEGAL REPRESENTATION 31
ARTICLE 19
OFF -DUTY POLICE WORK 32
ARTICLE 20
SEVERABILITY AND ZIPPER CLAUSE 33
ARTICLE 21
MISCELLANEOUS PROVISIONS 34
ARTICLE 22
HEALTH AND LIFE INSURANCE COVERAGE 36
ARTICLE 23
MAINTENANCE OF STANDARDS 37
ARTICLE 24
HOLIDAYS 38
ARTICLE 25
SHIFT PAY DIFFERENTIAL 39
ARTICLE 26
WAGES AND LONGEVITY 40
ARTICLE 27
SICK LEAVE 42
ARTICLE 28
RETIREE HEALTH SAVINGS PLAN 43
ARTICLE 29
LABOR MANAGEMENT CONFERENCE 44
ARTICLE 30
LINE OF DUTY DEATH 45
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 31
EMPLOYEE REPLACEMENT PROGRAM 46
ARTICLE 32
UNIFORM ISSUANCE/MAINTENANCE ALLOWANCE 47
ARTICLE 33
PROFESSIONAL ENHANCEMENT 50
ARTICLE 34
PENSION 52
ARTICLE 35
VACATION LEAVE 56
ARTICLE 36
DURATION OF AGREEMENT 57
APPENDIX A
10 -STEP GRADED SERVICE SALARY PLAN 58
APPENDIX B
5 -STEP GRADED SERVICE SALARY PLAN 59
ARTICLE 1
RECOGNITION CLAUSE
1.1 The Village of Key Biscayne ("Village") hereby recognizes the International
Union of Police Associations, AFL-CIO ("Union") as the sole and exclusive
bargaining agent as to the wages, hours and other terms and conditions of
employment for the following bargaining unit as certified by the State of Florida,
Public Employees Relations Commission ("PERC"), Certification No. 1633:
• Included: All full-time police lieutenants.
• Excluded: All other personnel.
1.2 Any changes in the bargaining unit shall only be made upon proper application to
PERC and/or an appropriate court of competent jurisdiction.
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ARTICLE 2
MANAGEMENT RIGHTS
2.1 The Union recognizes the right of the Village to operate, manage and direct all
affairs of all departments within the Village, except as otherwise expressly
provided elsewhere in this Agreement, including but not limited to the right:
a. To exercise complete and unhampered control to manage, direct, and
totally supervise all employees of the Village;
b. To hire, promote, transfer, schedule, train, assign and retain employees
in positions with the Village and to establish procedures therefore;
c. To suspend, demote, discharge, lay off, or take other disciplinary
action for proper cause against employees in accordance with this
Agreement, the Village's personnel policies, regulations, procedures
and departmental policies;
d. To maintain the efficiency of the operations of the Police Department;
e. To determine the structure and organization of Village government,
including the right to supervise, subcontract, expand, consolidate or
merge any department, and to alter, combine, eliminate, or reduce any
division thereof;
f. To determine the number of all employees who shall be employed by
the Village, the job description, activities, assignments and the number
of hours and shifts to be worked per week;
g. To determine the number, types, and grades of positions or employees
assigned to an organizational unit, department or project and the right
to alter, combine, reduce, expand or cease any position;
h. To set its own standards for services to be offered to the public;
i. To determine the location, methods, means and personnel by which
operations are to be conducted;
j. To determine what uniforms the employees are required to wear while
on duty;
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k. To set procedures and standards to evaluate Village employees' job
performance;
1. To establish, change, or modify duties, tasks, responsibilities, or
requirements within job descriptions;
m. To determine internal security practices;
n. To introduce new or improved services, maintenance procedures,
materials, facilities and equipment, and to have complete authority to
exercise those rights and powers incidental thereto, including the right to
make unilateral changes when necessary;
o. To control the use of equipment and property of the Village; and
p. To formulate and implement department policy, procedures rules and
regulations.
2.2 It is understood by the parties that every incidental duty connected with
operations enumerated in job descriptions is not always specifically described and
employees, at the discretion of the Village, may be required to perform duties not
within their job description, but within the realm of related duties.
2.3 Any right, privilege or function of the Village not specifically released or
modified by the Village in this Agreement, shall remain with the Village.
2.4 Nothing in this Article shall be interpreted as a waiver of the right to bargain
about changes in mandatory subjects of bargaining or the impact of changes in
non -mandatory subjects of bargaining.
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ARTICLE 3
NO STRIKES AND LOCKOUTS
3.1 The Union agrees that they will not engage in a "Strike" against the Village as
defined in Section 447.203(6), Florida Statutes. "Strike" means the concerted
failure of employees to report for duty; the concerted absence of employees from
their positions; the concerted stoppage of work by employees; the concerted
submission of resignations by employees; the concerted abstinence in whole or in
part by any group of employees from the full and faithful performance of the
duties of employment with the Village for the purpose of inducing, influencing,
condoning, or coercing a change in the terms and conditions of employment or the
rights, privileges, or obligations of public employment, or participating in a
deliberate and concerted course of conduct which adversely affects the services of
the Village; the concerted failure of employees to report for work after the
expiration of a collective bargaining agreement; and picketing in furtherance of a
work stoppage. The term "Strike" shall also mean any overt preparation,
including, but not limited to, the establishment of strike funds with regard to the
above -listed activities.
3.2 No employee or union may participate in a strike against the Village by
instigating or supporting, in any manner, a Strike. Any violations of this Article
shall subject the violator to the penalties provided in Chapter 447, Florida
Statutes. The Village agrees that it will not "lockout" the employees from the
workplace. Any violations of this Article will allow either party to seek
injunctive relief from the appropriate court.
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ARTICLE 4
UNION ACTIVITIES
4.1 The Union shall submit in writing the names of its Officers or Stewards who are
authorized to speak on behalf of the Union and/or represent Bargaining Unit
employees. The Village agrees to recognize the Union President. The President
shall be authorized to represent Bargaining Unit employees through the first step
of the grievance procedure. The President shall be authorized to represent
Bargaining Unit employees in subsequent steps of the grievance procedure.
However, at the Union's discretion, its attorney and/or Union business agent may
be used in subsequent steps of the grievance procedure. The Village shall notify
the Union of any grievance hearings and acknowledges the Union's right to attend
grievance hearings filed by individual bargaining unit members.
4.2 No one shall be permitted to function as a Union Representative until the Union
has presented the Village with written certification of that person's selection.
4.3 Bargaining Unit employees may elect a local Union President, Vice President and
Secretary -Treasurer to act as their representatives during the life of this
Agreement. The Union shall provide the Village with the name(s) of said local
officers.
4.4 Upon notification to the Village, the President and Vice President will be released
from duty with pay, for a maximum of two (2) hours per pay period or for such
additional period of time as the Village specifically approves, to investigate,
process and attend grievance hearings or other employer -employee proceedings;
however, such release from duty shall not interfere with the Union
representative's assigned duties.
4.5 Union representatives and employees shall be allowed to communicate official
Union business, in non -work spaces during an employee's non -work hours, to
members to the extent that duty responsibilities are not disrupted or interfered
with.
4.6 Access to Village property and use of Village paid time, facilities, equipment and
other resources by the Union shall be authorized only to the extent provided in
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this Agreement and shall not interfere with the efficiency, safety and/or security
of the Village's operations.
4.7 The Village shall e-mail a copy of this Agreement to each Bargaining Unit
employee within fifteen (15) days after the execution of this Agreement at no cost
to the Bargaining Unit employees.
4.8 Bargaining Unit employees may participate in collective bargaining negotiations
during their regularly scheduled hours of duty without loss of pay, provided that
such employees respond to all calls that arise during negotiations and are
otherwise ready, willing and able to perform and fulfill their respective job duties.
If Bargaining Unit employees participate in collective bargaining negotiations
while off -duty, they will do so without compensation.
4.9 Union Time Pool Bank:
4.9.1 The Union is hereby authorized to establish a time pool bank ("Union
Bank") utilizing voluntary time contributions (i.e., accrued vacation leave)
from its members subject to the provisions of this Article.
4.9.2 An employee requesting to donate his/her accrued vacation leave hours
must complete an application and submit it to the Chief of Police or
his/her designee. All donations to the Union Bank will be in one (1) hour
increments.
4.9.3 All accrued time donations to the Union Bank shall be converted to a
dollar value based upon the donating employee's regular hourly base rate
of pay in effect on the day that he or she files the donation application
with the Chief of Police or his/her designee. The receiving employee shall
be paid at his or her regular hourly base rate of pay for all Union Bank
time used.
4.9.4 An employee wishing to use time from the Union Bank to conduct union
business must submit such request, signed by the Union President, to the
Chief of Police or his/her designee three (3) days or as soon as practicable
prior to the day that the employee is requesting to use time from the Union
Bank. As long as the Village incurs no overtime obligations, such request
shall not be unreasonably denied; however, if because of the needs of the
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Department, an employee cannot be released at the time desired, the
Union may request an alternate bargaining unit member be released from
duty during the desired time.
4.10 Union representatives may attend Village Council and Retirement Board meetings
and other meetings related to their representation of Bargaining Unit employees
during their regularly scheduled hours of duty without loss of pay, provided that
their attendance at such meetings does not interfere with the efficiency, safety
and/or security of the Village's operations. If Union representatives appear at
such meetings while off -duty, they will do so without compensation.
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ARTICLE 5
NON-DISCRIMINATION CLAUSE
5.1 It is the policy of the Village that all employees have the right to work in an
environment free of discrimination and any form of harassment based on race,
sex, color, religion, ancestry, pregnancy, national origin, age, disability, marital
status, familial status, sexual orientation, union activity, union affiliation, or union
membership.
5.2 All references in this Agreement to employees are gender neutral.
5.3 An employee aggrieved by a violation of this Article may not use the grievance
and arbitration provisions of this Agreement.
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ARTICLE 6
DUES DEDUCTION
6.1 Effective immediately upon receipt of a written authorization form from an
employee, the Village agrees, at no cost to the employee or the Union, to deduct
regular union dues of such employee from his paycheck biweekly and remit such
deductions to the duly elected Treasurer of the Union within ten (10) working
days from the date of the deduction. The Union will notify the Village in writing
prior to any change in the regular union dues structure.
6.2 An employee may, at any time, on forms provided by the Union, revoke his union
dues deduction and shall submit such revocation form to the Village with a copy
of such revocation form to the Union. Union dues deductions will only be
stopped by the Village on the first pay period in each calendar month.
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ARTICLE 7
BULLETIN BOARDS
7.1 The Union will be provided with a designated bulletin board for posting Union
material.
7.2 Such bulletin board space is to be used exclusively by the Union for the purpose
of posting Union business and information such as: recreational and social
activities and material related to employee relations matters.
7.3 The Union shall not post any materials which are obscene, defamatory or impair
the operations of the Police Department.
7.4 The Union may distribute Union literature and Union materials through the
employees' informational boxes by off -duty personnel.
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ARTICLE 8
INITIAL PROBATIONARY PERIOD
8.1 Probation for new hires, for the purpose of performance evaluations and wages,
shall be eighteen (18) months in duration from the date of hire. A newly hired
probationary employee may be discharged for any reason during his probationary
period. At the discretion of the Police Chief, an employee's initial probationary
period may be reduced to twelve (12) months.
8.2 The probationary period for a newly promoted lieutenant shall be eighteen (18)
months from the date of the promotion. At the discretion of the Police Chief, a
newly promoted lieutenant's probationary period may be reduced to twelve (12)
months. If a newly promoted lieutenant fails to complete his/her promotional
probation, he/she will be placed back into a police sergeant's position. A newly
promoted lieutenant that fails to complete his/her promotional probationary may
not use the grievance procedure set forth in Article 10 of this Agreement to
challenge his/her failure to complete probation.
8.3 Accumulation of sick time will be accrued from the first day of employment and a
non -promotional probationary employee may use these days with the submission
of a valid doctor's certification.
8.4 Vacation days will be accrued from the first day of employment; however, a non -
promotional probationary employee may not use any accrued vacation leave until
he has completed a minimum of one (1) year of service. In the event of an
extraordinary circumstance, the Police Chief may, at his discretion, allow up to
forty eight (48) hours vacation leave.
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ARTICLE 9
DISCIPLINARY PROCEDURES
9.1 Employees will only be disciplined or discharged for proper cause in a
progressive manner, except in cases of gross misconduct which may result in
immediate discharge. In each case a written statement indicating the preferred
charges and the reasons for such action shall be presented to the employee being
disciplined.
9.2 Disciplinary actions taken will be fair and consistent with other such actions taken
by the Police Department under similar circumstances, utilizing the Rules and
Regulations of the Police Department and any and all other rules and procedures
of the Village and Police Department.
9.3 Disciplinary actions not involving the loss of compensation for the employee and
suspensions of 12 hours or less are only grievable through Step 2 of the grievance
procedure in Article 10 and are not subject to binding arbitration. Disciplinary
terminations, demotions and suspensions of more than 12 hours are subject to
binding arbitration if the grievance concerning said discipline is not resolved at
Step 2 of the grievance procedure in Article 10.
9.4 The Village will fully abide by Section 112.532, Florida Statutes known as the
Law Enforcement Bill of Rights during any internal investigation of any
employee.
9.5 All disciplinary records shall be purged in accordance with State and Federal
records laws.
9.6 All complaints, reprimands, or other records of disciplinary action against each
Bargaining Unit employee shall be signed by the employee as evidence of the
entry into the employee's personnel file. The Bargaining Unit employee shall be
given the opportunity to respond to the entry and such response shall be made part
of the file. Personnel records will be maintained in compliance with the State of
Florida laws.
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ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURE
10.1 In a mutual effort to provide harmonious working relations between the parties to
this Agreement, it is agreed to and understood by both parties that there shall be a
procedure for the resolution of grievances between the parties arising from any
alleged violation of the specific terms of this Agreement. Grievances relating to
alleged violations of the specific terms of this Agreement shall be processed in the
following manner.
10.2 Formal Grievance Procedure
STEP 1
Whenever an employee has a grievance, he should first present it to the Police
Chief in writing within ten calendar (10) days of the event giving rise to the
grievance. The grievance shall be signed by the employee and shall specify all of
the following. (a) The date of the alleged grievance; (b) the specific Article or
Articles and Section or Sections of this Agreement allegedly violated; (c) the facts
pertaining to or giving rise to the alleged grievance; and (d) the relief requested.
The Police Chief may informally meet with the employee to address the
grievance, provided that the Union is provided with notice and an opportunity to
be present. The Police Chief shall reach a decision and communicate in writing to
the employee and the Union representative within ten (10) calendar days from
receipt of the grievance.
STEP 2
If the grievance is not resolved at Step 1, or if no written disposition is made within
the Step 1 time limits, the Union shall have the right to appeal the Step 1 decision to
the Village Manager or his/her designee within ten (10) calendar days from the due
date of the Step 1 response. Such an appeal must be accompanied by a copy of the
original written grievance. The Village Manager or his/her designee may conduct a
meeting with the grievant and his Union representative, if needed. The Village
Manager or his/her designee shall, within ten (10) calendar days after the
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presentation of the grievance (or such longer period of time as is mutually agreed
upon in writing), render his/her decision on the grievance in writing to the aggrieved
employee and the Union representative.
10.3 If a grievance concerning a disciplinary termination, demotion, or suspension of
more than 12 hours or a grievance concerning an issue of contract interpretation is
not resolved at Step 2, or if no written disposition has been rendered within the
applicable time limits, the Union shall have the right to appeal to binding arbitration
within ten (10) calendar days from the date the Step 2 disposition is given, or the due
date of that decision, if no written decision is made. Grievances concerning
discipline not involving a loss of compensation or concerning a disciplinary
suspension of 12 hours or less may not be appealed to binding arbitration.
10.4 A grievance not advanced to the higher step within the time limits provided shall be
deemed permanently withdrawn as having been settled on the basis of the most
recent decision given. Failure on the part of the Village to answer within the time
limits set forth in any Step will entitle the Union to proceed to the next step. The
time periods contained herein may be mutually waived or extended due to
unforeseen circumstances.
10.5 The arbitrator may be any impartial person mutually agreed upon by the parties. In
the event the parties are unable to agree upon said impartial arbitrator within ten (10)
calendar days after the Village or Union request arbitration, the parties shall jointly
request a list of seven (7) names from the Federal Mediation and Conciliation
Service. Within ten (10) calendar days of receipt of the list, the parties shall
alternately strike names, with the Village striking first. The remaining name shall
act as the arbitrator.
10.6 The Village and the Union shall mutually agree, in writing, as to the statement of
the grievance to be arbitrated prior to the arbitration hearing and the arbitrator
shall confine his decision to the particular grievance specified. In the event the
parties fail to agree on the statement of the grievance to be submitted to the
arbitrator, the arbitrator shall confine his consideration and determination to the
written statement of the grievance and the response of the other party. Copies of
any documentation provided to the arbitrator by either party shall be
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simultaneously provided to the other party.
10.7 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 amendment
thereto. The arbitrator shall have no authority to consider or rule upon any matter
which is stated in this Agreement not to be subject to arbitration. The arbitrator
may not issue declaratory or advisory opinions.
10.8 Copies of the arbitrator's decision should be furnished to both parties within thirty
calendar (30) days of the closing of the arbitration hearing. The arbitrator's
decision will be final and binding on all parties.
10.9 Each party shall bear the expense of its own witnesses and of its own
representatives for the purposes of the arbitration hearing. The parties agree to
equally share the Arbitrator's fee and any related expenses including any cost
involved in requesting a panel of arbitrators. The hearing room shall be supplied
and designated by the Village. Any person desiring a transcript of the hearing
shall bear the cost of such transcript, unless both parties mutually agree to share
such cost.
10.10 Unless otherwise agreed to by both parties, grievances under this Agreement shall
be processed separately and individually. Accordingly, only one (1) grievance
shall be submitted to an arbitrator for decision in any given case. Settlement of
grievances prior to the issuance of an arbitration award shall not constitute a
precedent or an admission that the Agreement has been violated.
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ARTICLE 11
SENIORITY
11.1 Seniority shall be defined as the length of time of employment within the Police
Department as a certified law enforcement officer. The Village agrees to continue
recognizing dual employment (i.e., prior Village employment in a different
capacity than that in any bargaining unit position) within the Village for the
purpose of Longevity Pay.
11.2 Seniority shall be determined first by rank, second by aggregate time served in
that rank, and third by aggregate length of employment in the Police Department.
The Village shall post a Police Lieutenant's seniority list in the Police Station
during the month of October of each year.
11.3 Seniority for purposes of this Agreement shall accumulate during leaves of
absence with or without pay of up to thirty (30) consecutive days. With respect to
leaves of absence in excess of thirty (30) consecutive days, accrual of seniority
will recommence upon return to duty. Seniority shall be broken when a
Lieutenant voluntarily terminates or is discharged for cause. Any exceptions to
this Section shall be at the sole discretion of the Chief of Police.
11.4 Procedures for the Assignment of Lieutenants
A. The Police Chief or his designee shall establish a bid system for all
Bargaining Unit employees assigned to Patrol. The system for shift
selection shall take place every six (6) months beginning with the first
Saturday of the month of January and July. The bidding for shifts will be
according to seniority.
B. The Police Chief has the sole discretion to assign the Bargaining Unit
employee of his choice to the position of Administrative Lieutenant or any
newly created non -shift Lieutenant position.
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ARTICLE 12
LAYOFF AND RECALL
12.1 Lay Off
In the event that the Village eliminates any lieutenant positions, employees will
be impacted in reverse order of rank seniority. A lieutenant whose position is to
be eliminated shall be given the opportunity to displace a less senior certified law
enforcement officer in the classification of a sergeant or police officer, provided
the lieutenant has more departmental seniority than such sergeant or police
officer. When possible, employees shall receive fifteen (15) calendar days notice
prior to a layoff.
12.2 Recall
A. Lieutenants in layoff status will retain recall rights for twelve (12) months.
Recall shall be made by certified mail to the last address in the lieutenant's
records, along with any address on file with the Union. The lieutenant must,
within seven (7) calendar days from the certified receipt date, signify his
intention of returning to work to the office of the Chief of Police.
B. A lieutenant, when offered recall, who is temporarily unable to accept due to
medical reasons after notifying the Police Department of his intentions of
returning, shall be granted an additional thirty (30) day period from the date of
notice of intention to return to duty, in which to return to duty without loss of
seniority rights accrued to date of layoff.
C. When lieutenants are recalled from layoff, the lieutenant with the greatest
departmental seniority shall be recalled in order of seniority, provided that the
employee is physically capable of performing his regular duties. The Village,
at its discretion, may require a recalled employee to submit to a physical
examination at the Village's expense.
D. Lieutenants who are recalled from layoff shall receive a rate of pay based
upon the current schedule in effect at the time of recall.
E. No new lieutenants shall be hired until all lieutenants on layoff status have
been notified of return to work.
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12.3 Employees shall lose their seniority as a result of the following.
A. Termination/Resignation,
B. Retirement;
C. Absence without authorized leave; and/or
D. Being found medically unfit for duty on a permanent basis upon one (1) year
of continuous absence.
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ARTICLE 13
WORK WEEK AND WORK SHIFT
13.1 The standard payroll workweek shall begin at 0001 hours Saturday and end at
2400 hours Friday. This period shall be referred to as the standard workweek.
Work cycles within the fourteen (14) day work period shall be in accordance with
the current practice, including appropriate intervening consecutive days off.
13.2 Each employee shall be entitled to either a one (1) hour paid break period or two
(2) thirty (30) minute breaks during a regular eight (8) hour work shift. Due to
the nature of the job, in the event an employee is unable to utilize these designated
break times there is no obligation on the part of the Village to either restore to or
compensate the officer for said lost break time.
13.3 For the purpose of this Agreement, a shift means the time during which an
employee is on scheduled duty. A shift shall be no less than eight (8) hours.
13.4 No employee shall be required to work a split shift. Whenever a shift rotation
occurs, or an employee rotates to a new shift, the employee will be entitled to at
least the number of hours equal to one scheduled shift of off -duty time prior to
returning to work.
13.5 In those instances where adjustments to shift assignments are required, the
employee will be given at least five (5) days advance notice. When shift
reassignments are necessary due to exigent circumstances, (See: Article 21) or
unforeseen manpower shortages, the employee will be given as much notice as
possible.
13.6 Overtime: All authorized work performed in excess of forty (40) hours in a given
workweek shall be paid at the rate of time and one-half (1-1/2) of the employee's
regular hourly rate of pay.
13.7 Call-back Pay: When a bargaining unit employee is required to report back to
work at a time not contiguous to his or her regularly scheduled eight (8) hour
workday, he or she shall be guaranteed a minimum of four (4) hours pay at his or
her overtime rate. "Contiguous to shift" shall be defined as a period of time not
anticipated to exceed one (1) hour at the beginning or end of a bargaining unit
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employee's shift.
13.8 Court Appearances: Bargaining unit employees who are required to make Court
appearances at a time non contiguous to the beginning or end of their shift shall
be paid a minimum of three (3) hours at time and one half (1-1/2) their regular
hourly rate for such required Court appearances. In the event the employee is
held beyond the guaranteed minimum three (3) hour period, he or she shall be
compensated at time and one half (1-1/2) to the nearest quarter hour for the period
of time his presence is required by the Court.
In the event that a bargaining unit employee assigned to the 11:00 p.m. to 7:00
a.m. shift spends more than five (5) hours in Court preceding the commencement
of his/her shift for that day, he or she shall not be required to report to work if
scheduled for that same day. However, the time off will be charged against his or
her choice of accumulated leave and he or she must notify the Chief of Police.
13.9 All bargaining unit employees shall be compensated for all overtime work as
described above as it occurs or they may accumulate compensatory leave in
accordance this Article.
13.10 Holidays, vacation days and other paid time off to which a sworn police officer is
entitled as a matter of right under or by virtue of any ordinance of the Village or
this Agreement shall be considered as time worked for the purposes of seniority,
longevity or other matters where tenure is a factor.
13.11 Compensatory Time: Bargaining unit employees shall have the option of
overtime pay or compensatory time off in lieu of overtime pay for hours worked
in an overtime status, as set forth below:
13.11.1
13.11.2
All hours worked in an approved overtime status shall be paid at
time and one half (1 '/2 times) an employee's regular rate of pay
unless the employee and the Chief of Police or his/her designee
mutually agree in advance and in writing that the overtime will be
banked compensatory time in lieu of overtime pay.
Compensatory time shall be credited at the rate of one and one-half
(1-1/2) hours of compensatory time for each hour of authorized
overtime worked.
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13.11.3 Compensatory time off shall be subject to advance approval by the
Chief of Police or his designee. A Village Compensation and
Leave Request Form reflecting the allowance of time off as
compensatory time shall be provided to the Chief of Police or his
designee at the time the employee requests leave.
13.11.4 Compensatory time will be paid out upon the employee's
separation from employment at the rate of pay at the time of
separation. However, the Village in its sole discretion may pay out
any and all accrued compensatory time to the employees prior to
the end of each fiscal year at the employees' rate of pay.
13.11.5 Effective January 11, 2011, compensatory time may be
accumulated up to three hundred and sixty (360) hours. Those
employees who as of January 11, 2011 had accrued more than
three hundred and sixty (360) hours of compensatory leave shall be
allowed to keep their accrued compensatory leave hours (so long
as their balances are less than four hundred and eighty (480)
hours), however, they will not be allowed to accrue any additional
compensatory hours until such time as their accrued compensatory
hours is less than three hundred and sixty (360) hours. Once such
employees have less than three hundred and sixty (360) hours of
accrued compensatory hours, such employees shall be allowed to
accrue compensatory hours as set forth in this article, however,
they may not accrue more than three hundred and sixty (360)
compensatory leave hours.
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ARTICLE 14
LEAVES OF ABSENCE
14.1 The Police Chief may recommend that an employee be granted a leave of absence
without pay for the purpose of entering upon a course of training or any study
calculated to improve the quality of service. No benefits, except seniority if such
leave is less than thirty (30) consecutive days, shall accrue during this period of
leave.
14.2 All applications for a leave of absence without pay, including any application
under Section 14.1 above, shall be within the exclusive discretion of the Chief of
Police.
14.3 An employee granted a leave of absence, upon the termination and/or expiration
of the leave, will return to the same job classification and rate of pay currently in
effect for that classification.
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ARTICLE 15
JOB CONNECTED DISABILITY
15.1 Whenever an employee sustains an injury compensable under Chapter 440,
Florida Statutes, as the same may be amended from time to time, the Village shall
pay the employee the difference of the employee's salary including any
adjustments at the time of the injury and compensation wage benefits received
until the employee reaches maximum medical improvement or is authorized to
return to work in a light duty status, whichever comes first.
This Section shall apply only to the first thirty (30) consecutive calendar days an
employee is off duty due to an injury compensable under workers' compensation.
Thereafter, the employee may continue to receive full pay by utilizing accrued
sick leave, annual leave, or other paid leaves to supplement the compensation
wage benefits he receives under worker's compensation.
The Village Manager may, in his/her discretion, extend the thirty (30) calendar
day period hereunder for additional periods if he/she determines that the
circumstances surrounding the on-the-job injury were such as to warrant the
employee receiving special consideration. Any such extension(s) shall be in thirty
(30) day increments.
15.2 While on a job connected disability leave, employees shall be entitled to all
benefits as provided by the Village policy or by this Agreement, including the
accrual of compensated time off.
15.3 Any employee injured on the job shall be paid his full day's wages for the day of
the accident if his treating physician directs that he should not return to work that
day.
15.4 The Village shall make a good faith effort to place a bargaining unit employee
injured on the job in a light duty job consistent with his physical and mental
capabilities and limitations as determined by a qualified physician. During the
period of his light duty job, the employee shall receive his regular pay and
benefits. Light duty jobs must involve productive work (i.e., no "make work"
jobs). All light duty jobs must be approved by the Village Manager.
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15.5 Any employee found to have engaged in any type of worker's compensation
fraud, will be subject to immediate termination from employment.
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ARTICLE 16
SAFETY & HEALTH
16.1 The Village and the Union will cooperate in the continuing objective of
eliminating accidents and health hazards.
16.2 Employees covered by this Agreement shall not be required to use a vehicle or
piece of equipment reasonably deemed unsafe. With respect to vehicles, the term
reasonably safe shall relate to brakes, tires, lights, police emergency flashers,
horns, sirens and/or steering.
16.3 Whenever an employee covered by this Agreement feels that a vehicle or other
equipment is unsafe and, therefore, unfit for service because it is a hazard to the
employee(s) or to the public, or both, he shall immediately inform his Supervisor.
If the Supervisor concurs, the unsafe vehicle or other equipment shall not be used
until it has been inspected and determined safe. Should the Supervisor not
concur, the employee shall document such unsafe condition and Supervisor's
comments in writing and forward it to the Chief of Police via the Chain of
Command. Employees coming on or going off -duty shall report any defects with
respect to the vehicle operated or to be operated during a shift to the Supervisor.
16.4 If the unsafe equipment is a vehicle and the nature of the unsafe conditions is such
that it should not be driven, the vehicle shall be dead lined at the location where it
is deemed unsafe. An employee shall not be required to deliver such an unsafe
vehicle to a place of repair. However, if the nature of the unsafe condition is such
that the vehicle can be driven to a place of repair by the employee without hazard
to the employee(s) and/or to the public, the employee shall do so. The
employee's Supervisor shall make final determination as to what action shall be
taken.
16.5 No vehicle or piece of equipment dead lined shall be released from dead line until
inspected and/or repaired by competent mechanical personnel. Employees shall
not be required to perform repairs on the Village vehicles.
16.6 Employees unassisted will not be required to transport persons detained in a
vehicle not equipped with a cage, except in an emergency, and then the
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transporting officer will be assisted by another employee.
16.7 Shotguns shall be cage -mounted in the front area of each patrol vehicle, provided
that if there is no cage, shotguns shall be mounted in the trunk of the vehicle.
16.8 Each employee, prior to commencing his tour of duty, shall be issued a portable
radio. No employee shall be forced to work his tour of duty without having in his
possession an operable portable radio, provided, however, that in management's
discretion, an employee not having an operable portable radio may be reassigned
to other duties where a portable radio is not necessary.
16.9 Annual firearms training shall be provided by the Village.
16.10 Employees shall not be required to transport live animals in patrol vehicles.
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ARTICLE 17
PHYSICAL AND SUBSTANCE ABUSE EXAMINATIONS
17.1 The Village strives to provide a safe, healthful and productive work environment
for its employees and adopts a zero tolerance for drug and alcohol abuse in the
workplace.
17.2 The Village, as part of its medical examination process during pre -employment
physicals, during a fitness for duty examination of an employee who is
experiencing job related problems which are of a physical and/or mental nature,
after the occurrence of a preventable accident and during the annual physical
examinations schedule as specified in Section 17.3 may require the employee to
submit to drug and/or alcohol abuse testing.
17.3 The Village shall have a yearly physical examination for each employee. Upon
receipt of a physician's clearance, a baseline Thallium Stress Test shall be part of
each physical examination for employees fifty (50) years of age or older.
17.4 The Village reserves the right to randomly perform drug and/or alcohol tests on
members of the bargaining unit at the discretion of the Chief of Police. The
Village also reserves the right to perform drug and/or alcohol testing when a
Police Department supervisor reasonably suspects an employee to be under the
influence of an illicit narcotic substance or alcohol in the workplace.
17.5 The following cutoff concentrations shall be applicable for determining whether
specimens are negative or positive for the following drugs or classes of drugs for
the testing procedure. A positive result shall be a concentration in excess of those
limits below.
Initial Test Level (ng/mL)
Marijuana (Cannabinoids) 50
Cocaine 100
Opiates (Heroin, Morphine, Codeine) 300
Phencyclicline (PCP) 25
Amphetamines 500
Methaqualone 100
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Methadone 300
Propoxyphene 300
Tricyclic Antidepressants 300
Barbiturates 300
Alcohol (Ethanol) 0.02 g%
17.6 Analysis of specimens shall be performed only by laboratories licensed or
certified by the State of Florida, Agency for Health Care Administration (AHCA)
or the Federal Substance Abuse and Mental Health Services Administration
(SAMHSA), utilizing qualified sites and employing collectors trained to follow
authorized collection protocols and properly maintain legal specimen chain -of -
custody.
17.7 A Certified Medical Review Officer (MRO) shall review all negative and
confirmed positive laboratory reports. Confirmed positive results shall only be
reported to the Village after the MRO has ascertained that personal prescriptions
or other legal substances do not account for the laboratory findings. Investigations
may include, as appropriate, telephone contact with the employee and any
prescribing physicians. Employees may consult the Village appointed MRO
concerning drugs and/or drug groups that may be tested for under this policy.
17.8 All positive initial tests shall be confirmed using gas chromatography/mass
spectrometry (GC/MS) or an equivalent or more accurate scientifically accepted
method. A confirmed positive testing employee will be given a Notice of Positive
Drug Test Result letter containing both, the laboratory and MRO's telephone
numbers as well as pertinent information concerning the drug and/or alcohol test
result challenge/appeal process. Within five (5) working days of receiving
written notice of a confirmed positive test result which has been verified,
employees may submit to the Village and/or MRO explaining or contesting the
test results. If the Village disagrees with the employee's position, it shall respond
within fifteen (15) days from the receipt of a formal challenge of the test results.
If the employee wishes to maintain the challenge, within thirty (30) days from the
receipt of the Village's written response, the employee may appeal to a Court of
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competent jurisdiction and/or a Judge of Compensation Claims (if a workplace
injury has occurred). Upon initiating a challenge, it shall also be the employee's
responsibility to notify the testing laboratory which must retain the specimen until
the case is settled.
17.9 All information, including interviews, reports, statements, memoranda, and drug
test results, written or otherwise, received by the Village as a result of a drug -
testing program are confidential and exempt from the provisions of 119.07(1),
Florida Statutes, and shall only be released in accordance with federal, state and
local laws.
17.10 Nothing in this Article is intended to prohibit the prescribed use of legally
obtained medications which may contain controlled substances within the drugs
and drug groups tested for in this Article. Because of potentially impairing side -
effects which could endanger the employee, coworkers, or the public, upon being
prescribed such medications, all employees have a duty to contact the MRO
before they report to work. The MRO will determine which duties (if any) the
employee may perform while taking the impairing or potentially impairing
medication(s) and will so notify the Police Chief or his designee.
17.11 Employees may contact the Village's MRO to ask questions concerning
prescribed medications they are taking for clarification purposes involving fitness
for duty assessments.
17.12 To discourage the use and/or distribution of illegal drugs and/or alcoholic
beverages in the workplace, upon reasonable suspicion, searches for alcohol,
drugs and/or paraphernalia may be conducted on the Village's property or
worksites of areas accessible to employees, including, but not limited to Village
owned vehicles, equipment boxes, lockers, desks, etc. Discovered illegal items
will be referred to law enforcement for disposition.
17.13 Disciplinary consequences for violating this Article are the immediate discharge
of the employee for proper cause and the potential denial of Unemployment
Compensation as specified per Section 443.101, Florida Statutes. An employee
injured and subsequently confirmed positive for drug and/or alcohol based upon
post -accident testing results shall likewise be terminated from employment and
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may lose Workers' Compensation benefits.
17.14 Any decision made or action taken which adversely affects the employee under
this Article is subject to the grievance and arbitration procedure of this
Agreement.
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ARTICLE 18
LEGAL REPRESENTATION
18.1 Whenever a civil suit in tort is brought against an employee for injuries or
damages suffered as a result of any act, event, or omission of action which is
alleged to have occurred while the employee was on duty or acting within the
scope of his employment, the Village shall investigate the circumstances to
determine whether the employee acted in bad faith or with malicious purpose or
in a manner exhibiting wanton and willful disregard of human rights, safety, or
property.
18.2 If the Village determines that the employee did not act in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety or property, the Village shall undertake the defense of the
employee as required by law. Said defense shall cease upon judicial finding, or
finding by the Village, that the employee acted in bad faith or with malicious
purpose or in a manner exhibiting wanton and willful disregard of human rights,
safety, or property.
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ARTICLE 19
OFF -DUTY POLICE WORK
19.1 Off -duty police work as authorized by the Police Chief shall be compensated at the
rate of forty-five dollars ($45.00) per hour for all police lieutenants. However, when
a detail requires four (4) or more employees, whenever possible, one of the four
employees shall be a supervisor. Where a police lieutenant supervises three (3) or
more employees on an off duty detail, the lieutenant shall be compensated at the rate
of fifty—five dollars ($55.00) per hour. These rates shall not be negotiable and shall
apply to all off -duty work. If no supervisor is available to work the detail, then
the on -duty supervisor shall be assigned to monitor the detail. There shall be a flat
administrative fee of fifteen dollars ($15.00) per shift charged by the Village to the
applicant.
19.2 Off -duty employers will guarantee a minimum employment period of four (4) off -
duty hours for each assignment requested of the Police Department (work
assignments can be split between employees).
19.3 Employees assigned to off -duty law enforcement jobs shall be fully protected in case
of injury during such assignment by the Village's Workers Compensation coverage.
19.4 Assignments of off -duty police work shall be fairly and evenly distributed among
eligible employees. Full time employees shall have the right of first refusal in off -
duty and detail police work assignments.
19.5 If the employee works an off -duty assignment which falls on a recognized Village
holiday, Christmas Eve and/or New Year's Eve they are entitled to the off -duty
rate specified in 19.1 above at time and one-half.
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ARTICLE 20
SEVERABILITY AND ZIPPER CLAUSE
20.1 Should any provision of this Agreement, or any part thereof, be rendered or
declared invalid by reason of any existing or subsequently enacted state or federal
law, or by any decree of a court of competent jurisdiction, all other articles and
sections of this Agreement shall remain in full force and effect for the duration of
this Agreement. The parties agree to immediately meet and confer concerning
any invalidated provision(s).
20.2 The parties acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any subject or matter not removed by law from the area
of collective bargaining and that the understanding and agreement arrived at by
the parties after the exercise of that right and opportunity are set forth in this
Agreement. Therefore, the Village and the Union, for the life of this Agreement,
and unless otherwise specified, each voluntarily and unqualifiedly waives the
right and each agrees that the other shall not be obligated to bargain collectively
with respect to any subject or matter referred to or covered by this Agreement and
with respect to any subject or matter not specifically referred to or covered in this
Agreement, even though such subject or matter may not have been within the
knowledge and -contemplation of either or both of the parties at the time they
negotiated or signed this Agreement. This Agreement contains the entire
Agreement of the parties on all matters relative to wages, hours, terms and
conditions of employment as well as all other matters, which were or could have
been negotiated prior to the execution of this Agreement. This Section does not
prohibit the parties from entering into negotiations concerning the terms of a
successor Agreement. Nor does this Section waive the Union's right to bargain
over changes in mandatory subjects of bargaining and the impact of changes in
non -mandatory subjects of bargaining.
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ARTICLE 21
MISCELLANEOUS PROVISIONS
21.1 Locker Room Facilities
A. The Village agrees to maintain locker room facilities for bargaining unit
employees of the Police Department as appropriate.
B. Said locker room facilities shall consist of, but not limited to, the following.
1. Lockers;
2. Showers.
C. An agent of the Village shall not inspect an employee's locker space without
another employee present as a witness. However, if the Chief of Police
determines that circumstances warrant immediate inspection or opening of an
employee's locker and there are no other employees available to act as
witnesses, the Chief of Police, in his discretion, may authorize that the locker
be opened and/or inspected as needed. The Village shall be financially
responsible for reimbursing an employee for loss or destruction of property by
an agent or employee of the Village during said inspection, excluding the
locking device if the employee was given the opportunity to open said locker.
21.2 Voting
During a primary, special or general election, an employee who proves he/she is
registered to vote, whose schedule does not allow sufficient time for voting, shall
be allowed necessary time off with pay for this purpose. Where the polls are open
two (2) hours before or after the employee's regularly scheduled work period, it
shall be considered sufficient time for voting.
21.3 General Provisions
A. Employees shall not be required to use their private vehicles in the
performance of assigned duties.
B. Employees shall be furnished with parking facilities at the Police Department.
Said parking facilities shall be furnished at no cost to the employees.
C. If, in the sole discretion of the Village Manager, or in his/her absence, the
Village official so designated by law to act in his/her absence, it is determined
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that a civil emergency conditions exist, including but not limited to riots, civil
disorders, hurricane conditions or similar catastrophes, the provisions of
this Agreement may be suspended by the Village Manager or designated
Village Official during the time of the declared emergency, provided that
wage rates and monetary fringe benefits and the proper cause provision shall
not be suspended.
21.4 Emergencies
For the purpose of this Agreement, emergencies shall be defined as situations
where it is clearly necessary to provide basic minimum services where no
regularly scheduled employee is available.
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ARTICLE 22
HEALTH AND LIFE INSURANCE COVERAGE
22.1 Medical Insurance Coverage — Effective the first full calendar month following
ratification of this Agreement, the Village shall pay the following amounts toward
the cost of Village -provided employee health insurance:
• Employee -only coverage: For an employee who selects employee -only
coverage, the Village shall contribute $500.00 per month for the cost of
such coverage. If the monthly premium for employee -only coverage
exceeds $500.00, the balance shall be deducted on a pro rata basis from
the employee's pay checks.
• Dependent coverage: For an employee who selects any type of dependent
coverage (children, spouse, family, etc.), the Village shall contribute 50%
of the difference in total cost between the individual premium and the
premium selected by the employee for such coverage. For example, if the
monthly premium cost for individual coverage is $600.00 and the monthly
premium cost of family coverage is $1,000.00, an employee selecting
family coverage will be required to contribute 50% of $400.00 ($200.00)
plus the $100 the employee pays for individual coverage for a monthly
total of $300.00. This contribution shall be deducted by the Village from
the employee's pay checks on a pro rata basis.
22.2 Life Insurance Coverage — Each employee is entitled to have life insurance
coverage paid for by the Village in the amount equal to two times (2x) the
employee's annual salary.
22.3 Nothing in this Agreement shall prohibit the Village, at its sole discretion, from
changing medical and/or life insurance carriers, the types of health and/or life
insurance plans offered, the level of benefits offered by such plans and/or any
other condition relating to such coverage.
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ARTICLE 23
MAINTENANCE OF STANDARDS
23.1 All current employment practices and benefit levels currently granted unto the
employees that are not found within this Agreement shall remain in full force and
effect.
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ARTICLE 24
HOLIDAYS
24.1 The Village recognizes the following eleven (11) paid holidays granted per year:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
24.2 If an employee actually works the holiday, he/she shall receive pay at time and
one-half for all hours worked on the holiday. Effective upon the ratification date
of this Agreement, employees (whether they are on or off duty) shall no longer
receive eight (8) hours of pay for an observed holiday.
24.3 Non -Shift employees are also entitled to four (4) additional personal leave days
per year, one of which may be the employee's birthday. Permission to take the
employee's birthday off on a date other than the employee's actual birthday must
be done with the permission of the Chief of Police through the chain of command.
Effective upon ratification of this Agreement, 12 -hour shift employees shall no
longer receive personal leave days.
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ARTICLE 25
SHIFT PAY DIFFERENTIAL
25.1 Bargaining Unit employees shall receive a three percent (3%) increase to his or
her base pay for all hours worked between the hours of 6:00 p.m. and 7:00 a.m.
beginning on the date this Agreement is fully ratified by the parties. Employees
held over into the 6:00 p.m. — 7:00 a.m. hours or called in during these hours,
shall receive overtime pay in addition to the shift differential.
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ARTICLE 26
WAGES AND LONGEVITY
26.1 Wages
A. Graded Service Salary Plans ("GSSP")
1. The Village shall continue to maintain a 10 step GSSP for all employees hired
prior to October 1, 2010 and a 5 step GSSP for all employees hired on or after
October 1, 2010. Appendix "A" hereto contains the pertinent GSSPs and
includes the cost of living adjustment ("COLA") for FY 2013 and FY 2014 as
set forth in Section 26.1.B below.
2. Advancement in GSSPs — effective upon ratification of this Agreement, all
bargaining unit employees who had not yet topped out and who had remained
at the same step of the GSSP since October 1, 2010 shall be eligible to
advance to the next step in their respective GSSP.
B. COLAs
1. FY 2013 and FY 2014 -- all bargaining unit employees employed on the date
that this Agreement is ratified shall receive a 2.8% wage increase effective on
the date of ratification of this Agreement, which is comprised of the 1.9%
COLA for FY 2013 and the 0.9% COLA for FY 2014.
2. FY 2015 -- bargaining unit employees employed on October 1, 2014 shall
receive a salary increase in an amount equal to the change in the Consumer
Price Index ("CPI"), which amount will be rounded to the closest tenth of a
percentage. The CPI that will be used is the twelve (12) month change from
April 2013 to April 2014 based on the CPI for All Urban Consumers for the
Miami -Fort Lauderdale Area (all items index) published by the U.S.
Department of Labor Bureau of Labor Statistics. However, if the CPI is more
than three percent (3%), the salary increase will be three percent (3%) and if
the CPI is negative, employees will not receive a salary increase.
3. FY 2016 -- bargaining unit employees employed on October 1, 2015 shall
receive a salary increase in an amount equal to the change in the CPI, which
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amount will be rounded to the closest tenth of a percentage. The CPI that will
be used is the twelve (12) month change from April 2014 to April 2015 based
on the CPI for All Urban Consumers for the Miami -Fort Lauderdale Area (all
items index) published by the U.S. Department of Labor Bureau of Labor
Statistics. However, if the CPI is more than three percent (3%), the salary
increase will be three percent (3%) and if the CPI is negative, employees will
not receive a salary increase.
26.2 Longevity Pay
A. Effective on the date this Agreement is fully ratified, employees shall no
longer receive automatic longevity pay increases of 5% on the completion of
their 15th and 20th years of Village service.
B. Effective on the date this Agreement is fully ratified, upon the completion of
fifteen (15) and twenty (20) years of service, bargaining unit employees shall
be eligible to receive a lump sum longevity bonus based on their most recent
annual performance evaluation as follows:
Score Bonus
0.0 - 2.99 0% of base pay
3.0-3.49 1% of base pay
3.5-3.99 2% of base pay
4.0 — 4.49 3% of base pay
4.5 — 5.00 4% of base pay
Such lump sum bonus shall not increase an employee's base annual salary.
An employee eligible to receive this lump sum bonus shall receive such
bonus within two (2) weeks after completion of his/her annual
performance evaluation, which shall be completed within three (3) weeks
of the employee's anniversary date.
26.3 Employees, who actually serve as field training officers, shall receive an
additional five percent (5%) added to their base pay for those hours actually spent
performing the functions of a field training officer as certified by the Chief of
Police.
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ARTICLE 27
SICK LEAVE
27.1 Employees will be credited with eight (8) hours of sick leave per month for a total
of ninety six (96) hours of sick leave per year.
27.2 Effective upon ratification of this Agreement, there will no longer be a cap on
sick leave accruals and sick leave accruals over 480 hours will no longer be paid
into an employee's Retiree Health Savings Plan nor will employees be paid out
(i.e., cashed out) for accrued sick leave while employed by the Village.
27.3 Upon separation of employment from the Village, an employee shall be paid out
for up to 480 hours of his/her accrued sick leave at a rate of ten (10%) percent per
year up to a maximum of one hundred (100%) percent after ten (10) years of
service at the employee's average hourly rate of pay during his/her employment
with the Village. For example, if the employee has 5 years of service when
he/she separates from service and has 700 hours of accrued sick leave, he/she
shall receive a payment for 240 hours of leave (50% x 480 hours).
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ARTICLE 28
RETIREE HEALTH SAVINGS PLAN
28.1 Effective upon the ratification of this Agreement, the Village shall cease its
participation in the post -employment retiree health savings plan. As such, the
Village shall no longer place an employee's sick leave accumulations in excess of
480 hours into an employee's deferred compensation retiree health bank.
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ARTICLE 29
LABOR MANAGEMENT CONFERENCE
29.1 In the interest of effective communication either party may, at any time, request a
Labor -Management Conference. Such request shall be made in writing and be
presented to the other party five (5) calendar days in advance of the requested
meeting date. The written request shall include an agenda of items the party
wishes to discuss and the names of those representatives who will be attending. A
Labor -Management Conference shall be scheduled within ten (10) days of the
date requested.
29.2 The purpose of such meeting shall be limited to:
A. Discuss the administration of the Agreement;
B. Notify the Union of changes made by the Employer which affect
Bargaining Unit employees;
C. Discuss grievances which have not been processed beyond the final
step of the Grievance Procedure when such discussions are mutually
agreed to by the parties;
D. Disseminate general information of interest to the parties;
E. Give the Union Representatives the opportunity to share the view of
their members and/or make suggestions on subjects of interest to their
members;
F. Discuss ways to increase productivity and improve efficiency; and
G. Consider and discuss health and safety matters related to employees.
29.3 Both the Village and the Union agree to abide by all agreements reached and
stated in Letters of Understanding resulting from Labor/Management
Conferences. A Letter of Understanding is defined as an instrument through
which both parties mutually agree to the interpretation of an existing Article in the
current contract. It cannot be used to make additions or deletions to the existing
Agreement. Modifications to the Contract must be made through amendment.
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ARTICLE 30
LINE OF DUTY DEATH
30.1 Any full time Bargaining Unit employee who is killed in the performance of his
or her official duties (portal to portal included) or who subsequently dies from
injuries within twelve (12) months of the incident from his injuries shall be given
an immediate promotion to the next highest rank at the same salary step they were
in at the time of their death. All accumulated but unpaid vacation, holidays, sick
time, regular pay, overtime pay, and any other pay as may be due and owed to
them will be paid at the hourly rate of the newly promoted rank to the employee's
estate or designated survivor.
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ARTICLE 31
EMPLOYEE REPLACEMENT PROGRAM
31.1 Bargaining Unit Employees will be allowed to exchange shifts when such
exchange does not interfere with the operations of the Department or create any
additional cost to the Village. All requests must be made in writing in an
"Employee Replacement Request Form" indicating when the shifts will be
worked and paid back and they must be approved forty-eight (48) hours prior to
the start time of the shift to be exchanged. Employees who agree to work a shift
for another employee are subject to discipline for non-attendance.
31.2 Bargaining Unit Employees shall not be eligible to receive sick leave for any day
which they are scheduled to work in the exchange of days off. All trades shall
have the approval of the Chief of Police or his designee. Bargaining Unit
Members may trade only with another Bargaining Unit Member. No additional
trades shall be made by a Bargaining Unit Employee until the first trade day has
been repaid.
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ARTICLE 32
UNIFORM ISSUANCE/MAINTANCE ALLOWANCE
32.1 The Village agrees to furnish at no cost to the Bargaining Unit Employee the
following items in sufficient quantities as determined by the Chief of Police:
A. Standard round navy blue hat with plain visor and gold cloth band.
B. Black baseball type cap.
C. Long sleeved navy blue shirt.
D. Short sleeved navy blue shirt.
E. Gold "P" buttons.
F. Navy blue uncuffed trousers.
G. Gold metal name place centered on the right pocket flap, the top even with
the upper seam for sergeant and above.
H. Black tie.
I. Heavy jacket.
J. Windbreaker.
K. Appropriate issued raingear.
L. Plain -toed black shoes.
M. Military style boots.
N. Duty belt.
O. Garrison belt and pancake holster for all bargaining unit members
assigned to administration.
P. White Outer Banks type shirt.
Q. Navy blue shorts.
R. Plain sneakers (provided the employee requests and wears a class C
uniform).
S. Duty belt with required equipment.
T. BDU shirt. (This is a standard military battle dress uniform shirt, black in
color.)
U. T-shirt black in color, with the Village of Key Biscayne Police Officer's
badge and the words Key Biscayne and Police screen -printed in the left
47
breast area. The word Key Biscayne Police will be screen printed across
the upper back portion of the shirt.
V. BDU pants. (This is a standard military battle dress uniform pants, black
in color.)
W. Members will be issued black nylon webbed gear as follows:
(1) Duty belt.
(2) Underbelt.
(3) Silent key keeper.
(4) Safety duty holster.
(5) Handcuff case.
(6) Double magazine pouch.
(7) Leatherman case.
(8) Flashlight holder.
(9) Pepper spray holder.
(10) Baton holder.
(11) Radio holder.
(12) Firearm.
(13) Asp Baton.
(14) Keepers.
(15) Rain boots.
(16) Reflective traffic vest.
(17) Hazard black bag.
(18) P.P.E. suit.
(19) Florida Law Enforcement Handbook.
(20) IPTM template.
(21) Handcuffs.
(22) Pepper spray.
(23) Plastic whistle.
(24) Leatherman.
(25) Streamlight brand rechargeable flashlight.
(26) Radio.
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X. Body Armor:
(1) Village of Key Biscayne Police Department will issue a current
class III A Body Armor to all Bargaining Unit Employees.
32.2 The cost of any uniform changes dictated by the Village shall be borne by the
Village.
32.3 All Bargaining Unit Employees shall be entitled to an annual uniform
maintenance allowance of six -hundred thirty-five ($635.00) dollars. The
allowance will be paid on the Bargaining Unit Member's anniversary date.
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ARTICLE 33
PROFESSIONAL ENHANCEMENT
33.1 All Bargaining Unit employees who are ordered to attend off -duty courses by the
Police Department shall be paid at the prevailing overtime rate, provided that such
courses are in addition to their regularly scheduled hours of work for that week.
If Bargaining Unit employees attend off -duty courses in lieu of their regularly
scheduled hours of work, they will be paid for such training at the prevailing
straight time rate.
33.2 Bargaining unit employees are eligible for reimbursement of the cost of tuition and
books based on the Florida State average undergraduate in -state tuition rate for the
courses taken depending on the grade achieved by the employee as outlined below.
Grade A: 100% reimbursement
Grade B: 75% reimbursement
Grade C: 50% reimbursement
Less than C: 0% reimbursement
Withdrawal: 0% reimbursement.
The amounts of reimbursement will be applied to the difference between the cost of
tuition and any financial aid the employee receives from other sources including, but
not limited to, grants, scholarships, veterans' benefits or vouchers. The maximum
amount that an employee shall be reimbursed is $4,000.00 per fiscal year.
33.3 Requests for tuition reimbursement shall be made for each course and the decision to
reimburse the employee shall be made separately as to each course for which the
employee is seeking reimbursement. Every request for tuition reimbursement shall
be submitted along with all supporting documentation prior to enrollment and shall
be subject to the prior approval of the Chief of Police and Village Manager. Only
courses that are directly related to an employee's job will be approved for
reimbursement. The Chief of Police and Village Manager, in their sole discretion,
will determine whether the course for which an employee is seeking reimbursement
is directly related to the employee's job. Their decision shall be final in all respects
and shall not be subject to the grievance procedure in Article 10 of this Agreement.
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33.4 In the event an employee voluntarily leaves Village employment or is terminated
from Village employment within one (1) year of his/her completion of any course of
instruction for which the Village has made any payment hereunder, that employee
shall reimburse the Village one hundred percent (100%) of such reimbursement. In
the event that an employee voluntarily leaves Village employment or is terminated
more than one (1) year but less than two (2) year after the completion of any course
of instruction for which the Village has made any payment hereunder, that employee
shall reimburse the Village for fifty percent (50%) of the Village reimbursement for
such courses.
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ARTICLE 34
PENSION
34.1 The Police portion of the Police Officers and Firefighters Retirement Plan (the
"Plan"), as codified in Chapter 23 "Retirement" of the Village Code, shall remain
in effect except as set forth below with the following changes becoming effective
on the ratification date of this Agreement:
34.1.1 The Village's annual contribution into the Plan shall be capped at 14% of
the Plan's covered payroll for all police participants in the Plan using the
definition of Salary as defined in this Article (the "Payroll"). Any amount
over 14% of Payroll shall be the responsibility of the employees.
34.1.2 The maximum unfunded liability for the Police portion of the Plan shall
not exceed $1,776,000.00. If the unfunded liability of the Police portion
of the Plan increases over that amount, the Plan's multiplier shall be
automatically reduced for prospective service to the extent necessary to
keep the Police portion of the Plan's unfunded liability under
$1,776,000.00 or, alternatively, the employees shall have the option of
paying off any unfunded liability in excess of the $1,776,000.00 in
accordance with State law or of making other design changes to the Police
portion of the Plan so that the Police portion of the unfunded liability does
not exceed $1,776,000.00. In lieu of reducing the multiplier, should the
employees wish to increase the employees' contribution to pay off any
unfunded liability over the $1,776,000.00 cap for the Police portion of the
Plan or make other design changes so that the Police portion of the
unfunded liability does not exceed $1,776,000.00, the Union and the
bargaining unit of the Village's police officers and sergeants shall provide
the Village with written notification prior to August 1St preceding the
fiscal year in which the Police portion of the Plan's unfunded liability
otherwise would have increased over the $1,776,000.00 cap.
34.1.3 The monthly retirement benefit shall be equal to 2.75% of Average Final
Compensation for each year of Credited Service obtained after the
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ratification date of this Agreement.
34.1.4 The maximum amount of annual service retirement benefit based on the
normal annuity form (life with 10 year certain) payable at retirement shall
be the lesser of $90,000 or 90% of the employee's Final Average
Compensation. This cap will be applied to any other form of benefit
selected by the employee on a proportionate basis so as to make the
application of the cap for other forms actuarially equivalent to the cap for
the normal form. For employees who have reached the 90% or $90,000
cap prior to the ratification date of this Agreement, their cap shall be the
amount of annual service retirement as calculated on the ratification date
of this Agreement and they must continue to contribute to the Plan in the
same manner as the other employees.
34.1.5 For those employees not currently eligible for normal retirement as of the
day immediately prior to the ratification of this Agreement, the normal
retirement age shall be the first day of the month coincident with or the
next following the earlier of: attainment of age 55 and the completion of
10 years of Credited Service; attainment of age 52 and the completion of
25 years of Credited Service; or the date upon which the total of an
employee's age, computed in full months, plus the employee's credited
service, computed in full months, equals 900 months (i.e., 75 years).
34.1.6 The definition of Salary for purposes of the Plan shall be an employee's
base pay plus any educational incentives mandated by the State of Florida.
34.1.7 Any premium tax revenues that were or will be received by the Plan
pursuant to Sections 185.08 and 185.35, Florida Statutes, including any
unallocated premium tax revenues and the full amount of premium tax
revenues received by the Village in the future, shall be used by the Plan to
reduce the Village's pension contributions to the Plan, and the Village
may enact provisions acceptable to the State Division of Retirement to
implement this provision.
35.2 The Union and Village agree to work with the Board of Trustees (the "Board") to
revise the Board's investment policy by placing certain investment restrictions on
53
the Board including, but not limited to, requiring the Board to invest in index
funds of common stocks.
35.3 Effective upon the ratification date of this Agreement, the Village shall cease
contributing 3% of an employee's salary into an employee's defined contribution
plan.
35.4 The changes set forth below are the revisions to the Police portion of the Plan that
were agreed to as part of the 2010-2012 collective bargaining agreement between
the Village and the Union:
35.4.1 A Deferred Retirement Option Plan (DROP) for bargaining unit employees shall
be adopted and administered by the Board of Trustees (the "Board") of the
Village's Police Officer's and Firefighter's Retirement Plan (the "Plan").
(a) Participation in the DROP shall be limited to five years. The five-year
participation period shall be measured from the date of actual retirement
of the bargaining unit employee.
(b) Upon entering the DROP, a bargaining unit employee shall make an
investment election for his/her DROP account among the investment
options approved by the Board for DROP accounts. Thereafter, between
November 15 and December 15 of each year, DROP participants shall
make an annual irrevocable investment election among the investment
options approved by the Board for DROP accounts for the following
calendar year. Investment elections shall be in writing and submitted to
the Board by no later than December 15 of each year. If a DROP
participant fails to timely submit a written investment election to the
Board, the default investment election for the participant's DROP account
will be determined by the Board for the calendar year.
(c) Any losses incurred on account of the option selected by the participant
shall not be made up by the Village or the Pension Trust Fund, but any
such loss shall be borne exclusively by the participant.
(d) Upon termination of employment as a police officer with the Village, the
participant's DROP account shall be distributed to him/her. The DROP
participant's distribution shall be equal to the balance in his/her DROP
54
account on the termination date. The DROP participant shall receive
his/her benefit in a single lump sum unless he/she elects one of the
following optional forms:
1. Equal annual payments over a period, designated by the DROP
participant, not to exceed the life expectancy of the last to survive
of the participant and his/her beneficiary. In the event the DROP
participant dies before all installments have been paid, the
remaining balance in his/her account shall be paid in an immediate
lump sum to his beneficiary, if still living, or if the DROP
participant does not have a beneficiary or if the beneficiary has
predeceased the participant, to the participant's estate. Upon
written request of the DROP participant (or his beneficiary in the
event of the participant's death), the Board may permit the
participant (or his beneficiary, as the case may be) to withdraw all
or any portion of his/her unpaid account after payment of the
benefit has commenced.
2. An annuity.
3. An eligible rollover distribution paid directly to another qualified
retirement plan.
(e) A written notice of election to receive distribution in an optional form
must be filed with the Board upon a form prescribed by the Board, and
must be sworn to by the person entitled to receive such monies.
(f) The DROP shall contain such other terms and conditions as the Board
deems necessary and appropriate for proper administration of the DROP.
55
ARTICLE 35
VACATION LEAVE
35.1 Every bargaining unit member employed by the Village on a full time basis
working seven (7) twelve (12) hour shifts per two week period shall accumulate
annual vacation leave as follows:
(a) Between zero and four full years of employment — 84 hours/year
(b) Between four and eight full years of employment — 126 hours/year
(c) After eight full years of employment — 168 hours/year
35.2 Every bargaining unit member employed by the Village on a full time basis
working ten (10) eight (8) hour shifts per two week period shall accumulate
annual vacation leave as follows:
(a) Between zero and four full years of employment — 80 hours/year
(b) Between four and eight full years of employment — 120 hours/year
(c) After eight full years of employment — 160 hours/year
35.3 Vacation leave shall be accrued and calculated from the date of established full
time employment with the Village.
35.4 Vacation time shall be scheduled and charged to the employee for actual time
away and may be charged in hourly increments.
56
ARTICLE 36
DURATION OF AGREEMENT
36.1 Except as specifically provided otherwise in this Agreement, this Agreement shall
take effect upon ratification by both parties and shall continue in full force and
effect through September 30, 2016.
Executed on this
day of
For the Village of Key Biscayne
in Caplan
r, Village of Key Biscayne
, 2014.
For the International Union of
Police Associations
i ) l
/--`' ' `P_ —
Idalberto Torres Jr., President
Key Biscayne Police Officer's
Association, Local 6023,
International Union of Police
iati s, AFL-CIO
R, :: urton, Associate General
ounsel, International Union of
Police Associations, AFL-CIO
57
APPENDIX "A"
10 -STEP GRADED SERVICE SALARY PLAN
FOR LIEUTENANTS HIRED ON OR BEFORE
OCTOBER 1, 2010
FISCAL YEAR 2014
(Effective Upon Ratification)
STEPS
ANNUAL SALARY
1
$73,359.75
2
$77,027.73
3
$80,879.12
4
$84,923.08
5
$89,169.23
6
$93,627.69
7
$98,309.07
8
$103,224.53
9
$108,385.76
10
$113,805.04
58
APPENDIX "B"
5 -STEP GRADED SERVICE SALARY PLAN
FOR LIEUTENANTS HIRED AFTER
OCTOBER 1, 2010
FISCAL YEAR 2014
(Effective Upon Ratification)
STEPS
ANNUAL SALARY
1
$73,359.75
2
$77,027.73
3
$80,879.12
4
$84,923.08
5
$89,169.23
59