HomeMy Public PortalAbout2011-03 Ratification of the collective bargaining agreement between VKB and KB Police Department, Local 6023, IUPA, AFL-CIORESOLUTION NO. 2011-3
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR
RATIFICATION OF THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE VILLAGE OF KEY
BISCAYNE AND THE KEY BISCAYNE POLICE OFFICER'S
ASSOCIATION, LOCAL 6023, INTERNATIONAL UNION OF
POLICE ASSOCIATIONS, AFL-CIO, FOR THE
BARGAINING UNIT CONSISTING OF THE VILLAGE'S
POLICE OFFICERS AND SERGEANTS; 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 Collective
Bargaining Agreement ("Agreement") between the Village and the Key Biscayne Police Officer's
Association, Local 6023, International Union of Police Associations, AFL-CIO (the "Union"), for
the bargaining unit consisting of the Village's Police Officers and Sergeants (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 Union, in 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.
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 1 lth day of January, 2011
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MA : ` FRANKLIN . CAPLAN
HITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS 0 FORM AND LEGAL SUFFICIE
VILLAGE A Y
2
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
VILLAGE OF KEY BISCAYNE, FLORIDA
AND
KEY BISCAYNE POLICE OFFICER'S ASSOCIATION, LOCAL 6023,
INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO
(POLICE OFFICERS & SERGEANTS)
OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2012
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 17
ARTICLE 12
LAYOFF AND RECALL 18
ARTICLE 13
WORK WEEK AND WORK SHIFT 20
ARTICLE 14
LEAVES OF ABSENCE 23
ARTICLE 15
JOB CONNECTED DISABILITY 24
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
WORKING OUT OF CLASSIFICATION 37
ARTICLE 24
MAINTENANCE OF STANDARDS 38
ARTICLE 25
HOLIDAYS 39
ARTICLE 26
SHIFT PAY DIFFERENTIAL 40
ARTICLE 27
FIELD TRAINING OFFICERS 41
ARTICLE 28
WAGES AND LONGEVITY 42
ARTICLE 29
SICK LEAVE 45
ARTICLE 30
RETIREE HEALTH SAVINGS PLAN 46
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 31
PROFESSIONAL ENHANCEMENT 47
ARTICLE 32
VACATION LEAVE 49
ARTICLE 33
UNIFORM ISSUANCE/MAINTENANCE ALLOWANCE 50
ARTICLE 34
LINE OF DUTY DEATH 53
ARTICLE 35
PENSION 54
ARTICLE 36
DURATION OF AGREEMENT 56
APPENDIX A
GRADED SERVICE SALARY PLANS 57
ARTICLE 1
RECOGNITION CLAUSE
1.1 The Village of Key Biscayne ("Village") hereby recognizes the Key Biscayne
Police Officer's Association, Local 6023, 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. 1707.
• Included: Sworn police officers and sergeants employed by the Village of
Key Biscayne.
• Excluded: Police chief, deputy chief, major, lieutenants and all other
employees employed by the Village of Key Biscayne.
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, including starting and
quitting time of all employees;
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 at 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 Village 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 the employees' Village 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 Up to three (3) members of the Union's negotiating team may participate in
collective bargaining negotiations during their regularly scheduled hours of duty
without loss of pay, provided that such employees are otherwise ready, willing
and able to perform and fulfill their respective job duties. If any of the Union's
negotiating team participates 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 allocated a reasonable portion (approximately 1/3) of the
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 the purpose of performance evaluations and wages, shall be
eighteen (18) months in duration from the date of hire. A 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 sergeant shall be eighteen (18)
months from the date of the promotion. At the discretion of the Police Chief, a
newly promoted sergeant's probationary period may be reduced to twelve (12)
months. If a newly promoted sergeant fails to complete his/her promotional
probation, he/she will be placed back into a police officer's position. A newly
promoted sergeant that fails to complete his/her promotional probationary period
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 are
only grievable through Step 4 of the grievance procedure in Article 10 and are not
subject to binding arbitration. Any disciplinary action of this sort may only be
utilized for purposes of progressive discipline for up to a one (1) year period.
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
employee shall be signed by the employee as evidence of the entry of that record
into the employee's personnel file. The 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 Verbal Grievance
STEP 1
Whenever an employee has a grievance, he should first present it verbally to his
immediate supervisor within ten calendar (10) days of the event giving rise to the
grievance. It is the responsibility of the supervisor to attempt to arrange a
mutually satisfactory settlement of the grievance within ten (10) calendar days
from the time when the grievance was first presented to him, or failing in that,
must within that time advise the employee of his inability to do so. Such contact
between the employee and supervisor shall be on an informal basis.
10.3 Formal Grievance Procedure
STEP 2
If the aggrieved employee is not satisfied with the Step 1 answer, the Union may,
within ten (10) calendar days following the day on which he received the Step 1
answer, reduce the grievance to writing and submit it to the Lieutenant in charge of
that shift. 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
Lieutenant may informally meet with the employee to address the grievance. A
Union representative shall be present at the meeting upon the employee's request.
The Lieutenant 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.
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STEP 3
If the grievance is not resolved at Step 2, or if no written disposition is made within
the Step 2 time limits, the Union shall have the right to appeal the Step 2 decision to
the Chief of Police or his designee within ten (10) calendar days from the due date
of the Step 2 response. Such an appeal must be accompanied by a copy of the
original written grievance. The Chief of Police or his/her designee may conduct a
meeting with the grievant and his Union representative. The Chief of Police or
his/her designee shall, within ten (10) calendar days after the presentation of the
grievance (or such longer period of time as is mutually agreed upon in writing),
render his decision on the grievance in writing to the aggrieved employee and the
Union representative.
STEP 4
If the grievance is not resolved at Step 3, or if no written disposition is made within
the Step 3 time limits, the Union shall have the right to appeal the Step 3 decision to
the Village Manager or his/her designee within ten (10) calendar days from the date
of the issuance of the Step 3 decision. Such appeal must be accompanied by the
filing of a copy of the original written grievance, together with a signed request
form requesting that the Step 3 decision be reversed or modified. The Village
Manager or his/her designee shall conduct a meeting with the employee and his/her
Union representative, if needed. The Village Manager or his/her designee shall,
within ten (10) calendar days (or such longer period of time as is mutually agreed
upon in writing), render his/her decision in writing to the employee and the Union
representative.
10.4 If the grievance is not resolved at Step 4, 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 4 disposition
is given, or the due date of that decision, if no written decision is made.
10.5 A grievance not advanced to the higher step within the time limits provided shall be
deemed permanently withdrawn. Failure on the part of the Village to answer within
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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.
10.6 Where a grievance is general in nature in that it applies to a number of employees
having the same issue to be decided, it shall be presented directly to the Chief of
Police or his designee at Step 3 of the grievance procedure, within the time limit
provided for the submission of the grievance in Step 1 and signed by the
aggrieved employees or the Union representative on their behalf.
10.7 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.
10.8 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
simultaneously provided to the other party.
10.9 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.
10.10 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.
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10.11 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.
10.12 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 for the purposes of this Article is defined as the uninterrupted length of
service of an employee with the Village starting on the employee's date of
employment or transfer into 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 continue to accrue during all types of leaves except leaves of
absence without pay exceeding thirty (30) consecutive days. With respects 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 an
employee voluntarily terminates or is discharged for cause. Any exceptions to
this Section shall be at the sole discretion of the Chief of Police.
11.3 For purposes of all promotional examinations, one half (.5) of a point shall be
applied to the final examination score for each year of service with the Village as
a certified law enforcement officer, up to a maximum of five (5) points.
11.4 Bid Process — the filling of openings in road patrol within the Police Department
shall be accomplished using qualifications and seniority. Police Officers and
Sergeants shall have the right to bid for open positions based on time in grade.
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ARTICLE 12
LAYOFF AND RECALL
12.1 Lay Off
In the event of a layoff for any reason, employees shall be laid off in reverse order
of seniority. An employee who is to be laid off who had advanced to his present
classification in the same department in which he held a permanent appointment,
shall be given the opportunity to displace a less senior employee in the lower
classification in the same department. An employee may not "down bump"
another employee unless he had performed the lower level classification job on a
regular basis as evidenced by his personnel records. When possible, Employees
shall receive fifteen (15) calendar days notice prior to a layoff.
12.2 Recall
A. Employees in layoff status will retain recall rights for twelve (12) months and
shall have preference over applicants on eligibility lists. Recall shall be made
by certified mail to the last address in the employee's records, along with any
address on file with the Union. The employee 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. An employee, 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 employees are recalled from layoff, the employees 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. Employees, who return to a job classification covered by this Agreement from
a layoff status, shall receive a rate of pay based upon the current schedule in
effect at the time of recall.
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E. No new employees shall be hired in any classification until all employees on
layoff status in that classification have been notified of return to work.
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 twelve (12) 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 squad assignments are required, the
employee will be given at least four (4) days advance notice. When squad
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: Employees shall be paid at one and one-half (1 1/2) times their regular rate
of pay for all hours worked in excess of their regularly assigned hours.
13.7 Call-back Pay: When an employee is required to report back to work at a time not
contiguous to his or her regularly scheduled shift, 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 an employee's shift.
13.8 Court Appearances: 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
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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) for the period of time his presence is required by the
Court.
13.9 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.
13.10 Compensatory Time: Employees shall have the option of overtime pay or
compensatory time off in lieu of overtime pay for hours worked in an approved
overtime status, as set forth below:
13.10.1 All hours worked in an approved overtime status shall be paid at time and
one half (1 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.
13.10.2Compensatory 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.
13.10.3Compensatory 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.
13.10.4Compensatory 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.
13.10.5Upon ratification of this Agreement, compensatory time may be
accumulated up to three hundred and sixty (360) hours. Those employees
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who on the day of the ratification of this Agreement have 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.
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 her discretion, extend the thirty (30) calendar day
period hereunder for additional periods if 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.
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.
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
transporting officer will be assisted by another employee.
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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
Phencycl icl ine (PCP) 25
Amphetamines 500
Methaqualone 100
Methadone 300
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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 MROr'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 competent
jurisdiction and/or a Judge of Compensation Claims (if a workplace injury has
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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, drug testing
laboratories, MRO, Employee Assistance Program drug and alcohol rehabilitation
providers, and their agents who receive or have access to information concerning
drug and/or alcohol test results originating from testing performed in conjunction
with this Policy, is to be treated as confidential. Such information may not be used
or received in evidence, obtained in discovery or disclosed in any public or
private proceedings unless a written release, including consultation with legal
counsel, is required to defend related civil or administrative matters such as
determining compensability under Chapter 440, Florida Statutes, or unless such
release is compelled by a hearing officer or court of competent jurisdiction
pursuant to an appeal taken under this Section, or unless deemed appropriate by a
professional or occupational licensing board in a related discharge proceeding.
Release of such information under any circumstances other than as set forth
above, shall be pursuant to a written consent form signed voluntarily by the
employee tested. Information on drug and/or alcohol test results shall not be
released or used in any criminal proceeding against an employee or job applicant
and if released contrary to this Section, the information shall be inadmissible as
evidence in any such criminal proceeding.
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
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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
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 $40.00 per hour for all police officers. This rate shall not be negotiable and
shall apply to all off -duty work. 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 When a detail requires four (4) or more employees, whenever possible, one of the
four employees shall be a supervisor. A Police Sergeant shall be compensated at
the rate of $45.00 per hour. This rate 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.
19.6 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 or 19.5 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.
20.3 This Article does not waive the Union's rights 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 her absence, the Village
official so designated by law to act in her absence, it is determined that a civil
emergency conditions exist, including but not limited to riots, civil disorders,
34
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 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 — Employees will receive fully paid individual health
insurance coverage with mandatory participation in the plan during the life of this
Agreement. Effective upon ratification of this Agreement by both parties,
employees who elect individual plus one or family coverage will be required to
contribute fifteen percent (15%) of the difference in cost to the Village between
the individual premium and the premium selected by the employees for such
coverage. This contribution will be deducted on a pro rata basis from the
employees' pay checks.
For example, if the premium cost to the Village for individual coverage is
$400/month and the premium cost to the Village of family coverage is
$1,000/month, an employee selecting family coverage will be required to
contribute 15% of $600/month, which is $90/month.
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
WORKING OUT OF CLASSIFICATION
23.1 Employees working out of classification at a higher rank for a minimum of four
(4) hours per eight (8) hour shift or for a minimum of six (6) hours per twelve
(12) hour shift, shall receive five percent (5%) above their current rate of pay for
those hours actually worked in that higher rank capacity.
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ARTICLE 24
MAINTENANCE OF STANDARDS
24.1 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 25
HOLIDAYS
25.1 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
25.2 If an employee actually works the holiday, he shall receive pay at time and one-
half for all hours worked on the holiday. An employee who is not scheduled to
work on a holiday shall receive eight (8) hours of his/her regular straight time
pay.
25.3 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.
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ARTICLE 26
SHIFT PAY DIFFERENTIAL
26.1 For all hours worked by an employee between 6:00 p.m. and 7:00 a.m., such
employee shall receive a three percent (3%) increase to their base pay for each
such hour worked. 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 27
FIELD TRAINING OFFICERS
27.1 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. Assignment to the field training officer position shall be done on a
rotating basis.
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ARTICLE 28
WAGES AND LONGEVITY
28.1 Wages
A. FY 2010 (October 1, 2009 to September 30, 2010)
1. Cost of Living Increase — all bargaining unit employees employed on the
date this Agreement is fully ratified by the parties will receive a three
percent (3%) wage increase retroactive to October 1, 2009.
2. Advancement in Graded Service Salary Plans ("GSSP") — all bargaining
unit employees who are not yet topped out will be eligible to advance to
the next step of their respective GSSPs. Appendix "A" hereto are the
pertinent GSSPs reflecting the foregoing wage increase.
B. FY 2011 (October 1, 2010 to September 30, 2011)
1. Cost of Living Increase — on October 1, 2010, all bargaining unit
employees will 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 2009 to April 2010 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 four percent (4%), the salary increase
will be four percent (4%) and if the CPI is less than one percent (1%), the
salary increase will be one percent (1%).
2. Advancement in GSSPs
a. All employees hired prior to January 9, 2007 shall continue to be
part of the 10 step GSSP for their respective position. Effective
October 1, 2010, employees who are not yet topped out in this
GSSP will not advance to the next step of the GSSP on their
respective anniversary dates.
b. Upon ratification of this Agreement, all employees hired after
January 9, 2007 and prior to October 1, 2010 shall be moved
from their respective steps in the current 7 step GSSP to the same
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step in the current 10 step GSSP referenced above. Effective
October 1, 2010, all such employees will not advance to the next
step of the GSSP on their respective anniversary dates.
c. All employees hired after October 1, 2010 will be placed into a
new 5 step GSSP with 5 percent (5%) between each step. The
dollar amounts for each step in that GSSP will correspond to the
first 5 steps of the current GSSP in the 10 step GSSP. Effective
October 1, 2010, any employees who are covered by this GSSP
will not advance to the next step of the GSSP on their respective
anniversary dates.
C. FY 2012 (October 1, 2011 to September 30, 2012)
1. Cost of Living Increase — on October 1, 2011, all bargaining unit
employees will be eligible to 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 2010 to April 2011 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.
2. Advancement in GSSP — the Union may request that this Agreement be re-
opened for the sole purpose of engaging in negotiations regarding the
reinstitution of advancement in the GSSPs during FY 2012. If the Union
chooses to request that this Agreement be re -opened for that limited
purpose, the Union must make its request in writing to the Village by May
1, 2011. Should the Union make a timely written request, the parties agree
that they will commence negotiations concerning this issue by June 15,
2011.
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28.2 Longevity Pay
A. Employees with fifteen (15) or more years of service will receive an
additional five percent (5%) to their base pay.
B. Employees with twenty (20) or more years of service will receive an
additional five percent (5%) to their base salary.
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ARTICLE 29
SICK LEAVE
29.1 Employees will be credited with ten (10) hours of sick leave per month for a total
of one hundred and twenty (120) hours of sick leave per year.
29.2 Sick leave may be accumulated up to a maximum of four hundred and eighty
(480) hours. Sick leave accumulation for these individuals who exceed the
aforementioned cap will be governed by Section 30.2 of this Agreement.
29.3 Upon separation of employment from the Village of Key Biscayne Police
Department, an employee's accumulated sick leave may be placed in the Retiree
Health Savings Plan as provided for herein under Article 30 at a rate of ten (10%)
percent per year up to a maximum of one hundred (100%) percent after ten (10)
years of service, or paid to the employee or his designated beneficiary at the
current hourly rate of the employee at the time of the separation from employment
at a rate of ten percent (10%) per year up to a maximum of one hundred percent
(100%) after ten (10) years of service.
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ARTICLE 30
RETIREE HEALTH SAVINGS PLAN
30.1 The Village agrees to establish and to participate in a post -employment retiree
health savings plan for the benefit of the bargaining unit members.
30.2 During the life of this Agreement, any sick leave accumulations which exceed the
four hundred eighty (480) hour cap set by Section 29.2 of this Agreement will be
placed, without exception in the deferred compensation retiree health bank for use
by the employee upon retirement in accordance with the savings plan
specifications.
30.3 Any and all administrative fees associated with the set up and maintenance of the
retirees' health savings plan are to be borne solely by the employee. Nothing
shall prohibit an employee from making their own voluntary contributions to their
retiree health savings plan in accordance with the savings plan specifications.
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ARTICLE_ 31
PROFESSIONAL ENHANCEMENT
31.1 All bargaining unit employees who are ordered to attend off -duty courses shall be
paid at the prevailing overtime rate. All training, classes, education and materials
required by the Village will be paid for by the Village.
31.2 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.
31.3 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.
31.4 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
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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 32
VACATION LEAVE
32.1 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 three full years of employment — 84 hours/year
(b) Between three and seven full years of employment — 126 hours/year
(c) After seven full years of employment — 168 hours/year
32.2 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 three full years of employment — 80 hours/year
(b) Between three and seven full years of employment —120 hours/year
(c) After seven full years of employment —160 hours/year
32.3 Vacation leave shall be accrued and calculated from the date of established full
time employment with the Village.
32.4 Vacation time shall be scheduled and charged to the employee for actual time
away and may be charged in hourly increments.
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ARTICLE 33
UNIFORM ISSUANCE/MAINTENANCE ALLOWANCE
33.1 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 or Silver "P" buttons (depending on rank).
f. Navy blue uncuffed trousers.
g. Gold or silver metal name plate (depending on rank).
h. Black tie.
i. Heavy jacket.
j. Windbreaker.
k. Appropriate issued raingear.
1. 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 uniform polo shirt with the Village of Key Biscayne badge
embroidered in the left breast area, the last name of the officer
embroidered on the right breast area, and Key Biscayne Police screed
printed across the upper back portion of the 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
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badge and the words Key Biscayne and Police screen -printed in the left
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.
x. Body Armor:
1. Village of Key Biscayne Police Department will issue a current
class III A Body Armor to all Bargaining Unit Employees.
33.2 The cost of any uniform changes dictated by the Village shall be borne by the
Village.
33.3 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 34
LINE OF DUTY DEATH
34.1 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 35
PENSION
35.1 Except as provided for below, the pension ordinances currently in effect at the
time of ratification of this Agreement will remain in effect for the duration of this
Agreement, unless mutually agreed upon by both parties. The Village agrees that
it will revise the pension ordinances as they relate to employees covered by this
Agreement within sixty (60) days following ratification of this Agreement by both
parties as set forth below.
35.2 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
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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.
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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, 2012.
Executed on this (4f(A day o
For tAie Village of ey Biscayne
GenaTh "Chip" Iglesia
Village Manager
Franklin Caplan,
j-cJ
Mayor, Village of Key Biscayne
2011.
For the International Union of
ciati • ns, AFL-CIO
David Youn 'resi
Key Bis • yne ' .lice Officer' s
Association, ocal 6023,
International Union 4 of Police
Associations, AF
Robert Pa' mess
Representative
Key Biscayne Police Officer's
Association, Local 6023,
International Union of Police
Associations, AFL-CIO
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APPENDIX A
10 AND 7 STEP GRADED SERVICE SALARY PLANS
FISCAL YEAR 2010
(October 1, 2009 — September 30, 2010)
Police Officers
POLICE OFFICERS Hired on or before January 9, 2007
STEPS
SALARY
1
$47,615.37
2
$49,996.13
3
$52,495.94
4
$55,120.74
5
$57,876.77
6
$60,770.61
7
$63,809.14
8
$66,999.60
9
$70,349.58
10
$73,867.06
POLICE OFFICERS Hired After January 9, 2007
STEPS
SALARY
1
$46,681.73
2
$49,015.82
3
$51,466.61
4
$54,039.94
5
$56,741.94
6
$59,579.03
7
$62,557.99
Police Sergeants
POLICE SERGEANTS Hired on or before January 9, 2007
STEPS
SALARY
1
$61,439.17
2
$64,511.13
3
$67,736.69
4
$71,123.52
5
$74,679.70
6
$78,413.68
7
$82,334.36
8
$86,451.08
9
$90,773.64
10
$95,312.32
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POLICE SERGEANTS Hired After January 9, 2007
STEPS
SALARY
1
$60,234.47
2
$63,246.20
3
$66,408.51
4
$69,728.93
5
$73,215.38
6
$76,876.15
7
$80,719.95
58