HomeMy Public PortalAbout22-055 - Approving and ratifying PBA AgreementSponsored by: Interim City Manager
RESOLUTION NO. 22-055
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, APPROVING AND RATIFYING
THE COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE CITY OF OPA-LOCKA, FLORIDA AND SOUTH
FLORIDA POLICE BENEVOLENT ASSOCIATION,
EFFECTIVE OCTOBER 1, 2021 THROUGH SEPTEMBER 30,
2024
WHEREAS, the City Commission of the City of Opa-Locka ("City
Commission") finds that ratification of the Collective Bargaining Agreement
between the City of Opa-Locka, Florida and the South Florida Police Benevolent
Association is in the best interest of the City of Opa-Locka; and
WHEREAS, the contract shall be effective from October 1, 2021 through
September 30, 2024.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission hereby approves and ratifies the collective bargaining
agreement between the City of Opa-Locka, Florida and South Florida Police
Benevolent Association, attached hereto as Exhibit "A", effective October 1, 2021
through September 30, 2024.
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the Interim
City Manager following review by the City Attorney, without the need of a public
hearing by filing a corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
PASSED AND ADOPTED this 3rd day of November, 2022.
.
Resolution No. 22-055
Veronica E. Williams, Mayor
ATTEST:
APPROVED AS TO FORM
AND LFAL SUFFICIENCY:
oanna Flores, City Clerk
/
Biirn date N. ris-Weeks, P.A.
Moved by: Vice Mayor Taylor
Seconded by: Commissioner Davis
VOTE: 5-0
Commissioner Bass YES
Commissioner Davis YES
Commissioner Dominguez YES
Vice -Mayor Taylor YES
Mayor Williams YES
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DocuSign Envelope ID: 88F7OECA-967A-44BB-A470-310749277551
City of Opa-locka
Aeenda Cover Memo
DocuSigned by:
City
Manager:
Darvin Williams
CM Signature: [ twtA..I'1
�
Wl�A.1MS
Commission
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Date:
11.03.2022
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Short Title:
A resolution of the City Commission of the City of Opa-locka, approving and ratifying the collective bargaining
agreement between the City of Opa-Iocka and Dade County Police Benevolent Association (PBA).
Staff Summary:
This contract replaces a contract which expired on September 30, 2014. Although the proposed contract
addresses many issues, one of the primary focuses of the proposed contract is an updated pay plan to facilitate
the hiring and retention of qualified officers. Under the expired contract, the starting compensation for a new
entry-level officer was $38,000 per year with annual increases of 5% for the next ten years of service. After
ten-year years of service, in lieu of annual increases, there is an annual longevity bonus ranging from $1,000
to $2,000. Sergeant pay is approximately 10% greater. This resulted in the City's Police compensation being
among the lowest in the State, creating significant hiring and retention issues.
DocuSign Envelope ID: 88F7OECA-967A-44BB-A470-310749277551
The pay plan in the proposed contract addresses this problem as follows:
1. Compensation will be partly retroactive. Current PBA members who were in the Department in FY 21
will receive a 3% retroactive payment based on their FY 21 compensation. PBA members in the
Department in FY 22 will also receive a 6.09% retroactive payment based on their FY 22 compensation.
2. For FY 23 there will be a 19.06% increase above the adjusted FY 22 rates.
This will bring the starting pay of an entry-level officer from $38,000 annually to $48,000, with the
continuation of the annual 5% increase as previously described.
Financial Impact - The retroactive component through September 30, 2022 will be approximately $225,000.
Depending on when this payment is made, it will either be charged to FY 22, where it is currently budgeted, or
if charged to FY 23, it will be covered by a budget amendment which will be funded by bringing forward the
additional fund balance which became available if these charges weren't recorded in FY 22.
In addition to the above indicated impact, FY 23 will be impacted by another approximately $977,000 of
compensation, which was included in the adopted budget.
Proposed Action:
Staff recommends the City Commission approve the legislation ratifying the proposed new City Collective
Bargaining Agreement with the Dade County Police Benevolent Association.
Attachment:
PBA Collective Bargaining Agreement
AGREEMENT BETWEEN
THE CITY OF OPA-LOCKA, FLORIDA
AND
SOUTH FLORIDA POLICE BENEVOLENT
ASSOCIATION
ON BEHALF OF
POLICE OFFICERS, CORPORALS AND POLICE SERGEANTS
OF OPA-LOCKA, FLORIDA
Effective October 1, 20112021 through September -30r20-14 2014 2024
TABLE OF CONTENTS
ARTICLE PAGE
1 Recognition 5
2 Association Representatives 6
3 Dues Deduction 7
4 Bulletin Board 8
5 Employee Rights 9
6 Strikes 10
7 Awards 11
8 Non -Discrimination 12
9 Labor Management Committee 13
10 Substitute Employment 14
11 Political Activity 15
12 Educational Assistance and Incentive 16
13 Law Enforcement Officers' Bill of Rights 17
14 Investigations and Procedures 18
15 Training 20
16 Seniority 22
17 Vehicles and Equipment 24
18 Notice of Change of Status 27
19 Civil Suits 28
20 Bereavement Leave 29
21 Off -Duty Police Employment 30
22 Management Rights 32
23 Funeral Expense Benefit 33
24 Uniforms, Safety and Equipment 34
2
25 Sick leave 36
26 Hours and overtime 39
27 Promotions and Specialty Assignments 41
28 Holidays 44
29 Leave of Absence 45
30 Insurance Benefits 46
31 Grievance Procedure and Disciplinary Matters 47
32 Personnel Records 52
33 Vacations 54
34 Physical Examination and Workmen's Compensation Benefits 55
35 Substance Abuse Testing, Alcohol Screening 59
36 Compensation 61
37 Prevailing Benefits 63
38 Blank 64
39 Term of Agreement 65
Signature Page 66
Appendix 1 (Pay Plan) 67
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AGREEMENT -TA
THIS AGREEMENT is entered into by and between the City of Opa Locka, Florida,
(hereinafter referred to as the "City", "Police Department" or "Department"), and the Dade County
Police Benevolent Association, d/b/a the South Florida Police Benevolent Association, (hereinafter
referred to as the "Association" or "PBA").
4
ARTICLE 1. RECOGNITION -TA
The City voluntarily recognizes the Dade County Police Benevolent Association, d/b/a the South
Florida Police Benevolent Association and upon ratification of this Agreement shall jointly petition
the Florida Public Employees Commission for formal certification of the Association as the
exclusive representative for all Employees in the following unit:
Included: All full-time, permanent, sworn police officer, corporals and sergeants employed by
the City of Opa Locka, Florida.
Excluded: All other Employees in the City of Opa Locka Police Department including the
Chief of Police and all other Employees of the City of Opa Locka, Florida.
5
ARTICLE 2. ASSOCIATION REPRESENTATIVES - TA
Section 1. Two One -(1-2) members of the Association shall be granted time off without
loss of pay to attend the negotiating sessions, mutually set, to renegotiate this Agreement. The
twoene members of the Association shall also be granted time off without loss of pay to process
grievances and conduct other PBA business. The Aassociation Rrepresentatives shall be granted
time off to conduct PBA business unless minimum staffing levels prevent such activities.
Section 2. A designated member of the Association shall be allowed access to work
locations for Association business at reasonable times, so long as such access does not interfere with
the normal course of the City's business and advance notice is provided.
Section 3. Upon request, the City shall furnish to the Association and its designated
representatives, all rules and regulations relating to the police department, which shall be recognized
as part of this Agreement.
Section 4. Copies of the rules and regulations and all other documents requested by the
Association shall be provided pursuant to Chapter 119, Florida Statutes.
6
ARTICLE 3. DUES DEDUCTION
Any member of the Employee Organization, who has submitted a properly executed written
dues authorization card or statement to the City Manager or his designee, may have his/her
membership dues in the Employee Organization deducted from his/her wages. Dues shall be
deducted each pay period and shall, thereafter, be transmitted to the Employee Organization
accompanied by a list of those Employees whose dues are included. However, the City shall have
no responsibility or any liability for the improper deduction of any dues. It shall be the
responsibility of the Employee Organization to notify the City Manager, or his/her designee, of any
change in the amount of dues to be deducted at least thirty (30) days in advance of said change.
Under no circumstances shall the City be required to deduct Employee Organization fines, penalties
or special assessments from the wages of any member. Any Employee may, upon thirty (30) days
written notice to the City and the Employee Organization, have the City cease deducting dues from
his/her wages. Should a -dues increase occur, no additional authorization cards are necessary to
implement the increase in the amount of dues deducted.
ARTICLE 4. BULLETIN BOARD
The City agrees to provide space for one bulletin board for the exclusive use of the PBA for
the posting of bulletins, notices and other Association materials not inconsistent with Section
447.509, Florida Statutes.
The Association will be allowed to make reasonable use of facilities for the disbursement of
Association literature in Police Employees' mailboxes during designated times and with reasonable
notice to the Chief of Police.
The City shall also provide work email addresses for all bargaining unit members for use by
the PBA as an electronic bulletin board.
8
ARTICLE 5. EMPLOYEE RIGHTS
The bargaining unit employee shall have all of the rights provided by FS 447.301, Florida
Statutes, and as may be amended from time to time.
9
ARTICLE 6. STRIKES
No member of the Association or police Employee shall participate in a strike against the
City or in any manner instigate or support a strike against the City.
10
ARTICLE 7. AWARDS
Section 1. The employer will initiate a formal system of awards for various degrees of
outstanding service to the community. Such awards shall include, but not be limited to, an Officer
of the Year Award, an Award for Outstanding Bravery on Duty, and other awards for terms of
continuous service, and service of a superior nature, —as the City may deem appropriate.
Section 2. An employee receiving an award from the City for any reason other than for years of
continuous service may also be submitted for consideration in the "City Employee of the Month"
Award, consistent with the requirements of the "City Employee of the Month" guidelines.
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ARTICLE 8. NON-DISCRIMINATION
The City and the PBA specifically agrees that the City shall not discriminate against any
member of the bargaining unit because of that Employee's race, color, religion, creed, sex, national
origin, age or membership or non -membership in the PBA as provided by law.
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ARTICLE 9. LABOR MANAGEMENT MEETING
Either party may request a labor management meeting with written request. Labor
management meeting shall not be held more frequently that three (3) times per year. Should a
meeting occur during a participant's tour of duty there shall be no loss of pay or benefits.
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ARTICLE 10. SUBSTITUTE EMPLOYMENT
The City agrees it will not use, assign or detail members of the bargaining unit as substitute
Employees where there exists an Employer/Employee labor dispute in any City agency other than
the police department. At all times, Employees shall carry out their police function of duty in
accordance with orders of the Chief.
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ARTICLE 11. POLITICAL ACTIVITY
Bargaining unit Employees agree to abide by and be subject to the provisions of Section
110.233, Florida Statutes. Violations of said provisions shall constitute grounds for disciplinary
action.
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ARTICLE 12. EDUCATIONAL ASSISTANCE AND INCENTIVE
Section 1. The Employer will attempt to arrange the working schedules of employees
attending advance schools and college courses so as to coincide with their educational endeavors.
Section 2. The Employer will purchase for the employees participating therein,
experience credits in City -approved universities or colleges. In addition, the Employer agrees to
bear the cost of tuition for specialized educational courses to better equip the officers for the
performances of the particular job and/or position in which they are employed. The City shall not
be liable for greater than a total of fifteen thousand dollars ($15,000.00) during the fiscal year for all
of the employees that wish to participate.
Section 3. Reimbursement shall be made at the state -supported institution rate,
provided the employee has attained a passing grade of at least a "B". Exceptions to this grade
requirement may be made at the sole discretion of the City.
Section 4. Tuition reimbursement shall be paid at the rate established for
state -supported institutions.
Section 5. Employees must receive the approval of the Chief of Police prior to
enrollment in any advance courses or college courses for which tuition reimbursement from the City
shall be sought in accordance with the provisions of this Article.
Section 6. Any employee who has the majority (defined as 75% or more) of the credits
toward a degree or City -approved education related expense paid for through the Educational
Assistance and Incentive Program, shall agree to remain with the City for two (2) three (3) years
from the date that the employee received their last disbursement of educational assistance monies
from the City. The employee who fails to complete this two-year commitment agrees to have all
monies paid by the City in accordance with this article reimbursed. The employee's final check can
be withheld by the City for the purpose of reimbursement.
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ARTICLE 13. LAW ENFORCEMENT OFFICERS' BILL OF RIGHTS
Members of the bargaining unit shall have all rights set forth in Section 112.531, et. seq.,
Florida Statutes, commonly called the Law Enforcement and Correctional Officers' Bill of Rights.
Violations of the Law Enforcement and Correctional Officers' Bill of Rights shall be grievable.
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ARTICLE 14. INVESTIGATIONS AND PROCEDURES
Section 1. The Employer shall not order or request any Employee of a bargaining unit
to submit to any mechanical instrument (e.g. polygraph, lie detector, voice stress evaluator)
designed to measure truthfulness.
Section 2. No Employee will be compelled to appear, speak, be questioned or testify
before or be questioned by any non -governmental agency or citizen's review or oversight board.
Section 3. Employees relieved of duty for alleged violations of the law and/or
departmental rules will remain on full salary and allowances until such time as charges are
determined to be sustained by the Chief of Police. Upon indictment or the filing of an Information,
the Employee may, in the sole discretion of the City, be suspended without pay pending —final —action
by., Court f competent ;, risdiction
Section 4. An Employee who is the subject of an internal investigation and who is
required to give an administrative statement has the right to be informed of the nature of the
investigation prior to any interrogation and the names of all complainants, along with all other rights
afforded by the Law Enforcement and Correctional Officers' Bill of Rights. Also, if available, a
copyof the—inic al- written or record int n tement--shall—be—previded -tetie
Employee.
Section 5. The City must first use reasonable effort to obtain sworn written statements
or transcribed audio statements of all complainants and/or witnesses prior to the investigative
interview of a subject officer.
Section 6. The findings of internal affairs investigation, under the rules and regulations,
shall be labeled as unfounded, sustained, not sustained, or exonerated. In the event that insufficient
evidence exists to sustain a complaint, the complaint shall be deemed not sustained.
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Section 7. Letters of complaint from citizens which have been determined to be
unfounded and not factual will not be inserted in the officer's personnel record. Such letters,
properly marked, will be placed in the internal investigation file of the City.
Section 8. Employees shall not be dismissed or disciplined resulting in loss of pay or
benefits except for just cause and due process as provided in this agreement.
Section 9. Except in the case of an officer accused of a violation of criminal statutes,
disciplinary action which shall arise from an internal investigation must be initiated within sixty
(60) days of the conclusion of the internal investigation. The City shall be precluded from initiating
disciplinary action arising out of an internal investigation unless it is initiated within sixty (60) days
of the conclusion of the internal investigation.
In addition, witness officers will be given the opportunity to consult with counsel or any
other representative of their choice at any time during the interrogation should, in the opinion of the
witness officer or the investigator, the interrogation has reached the point that the witness officer has
potentially become a subject officer. If, upon consultation, it is determined that the witness officer
has, or will in all probability become a subject officer, then the interrogation will be halted for a
reasonable period of time, as determined by the investigator, to allow for such counsel or
representative to represent the subject officer.
Except as otherwise provided for in this Agreement, no mechanical device, including, but
not limited to polygraph, psychological stress evaluator, et al., shall be forced onto an accused, nor
shall disciplinary actions be taken against an accused that refuses to submit to such tests. These
tests shall be inclusive of any device that is designed to measure truthfulness.
The employee who is the subject of the complaint or allegation shall be properly notified of
the disposition upon the conclusion of the investigation. If any investigation in which the charges
19
against the officer cannot be substantiated, the officer shall not have those charges used in any
administrative or disciplinary action.
Section 10. Corrective µctien , t but not inelu ing -itte„ „rim n s shall
.... � .,.... »i:. �.., ». � ....b �.� fir,""'»
not-n -be-used-fer-pregfessive-diseiplinary-pufpeses,Written reprimands may be used
for progressive disciplinary purposes if the disciplinary actions are of a similar offense.
Where an employee receives a Record of Counseling after two (2) years of discipline -free
service to the City, it shall be marked "no longer in effect" and shall not be used by the
City in any manner, including but not limited to progressive discipline, promotion,
transfer, or as evidence in a subsequent disciplinary hearing. The two (2) years
considered herein shall run from the date of issuance of the Record of Counseling.
Where an employee receives a Written Reprimand, after two (2) years of good
F e ingh:
dw weh the o"ter J plo ,as not 1 ee„ the s„b:ect of disciplinary action ,.yee L� r
Written Reprimand shall be marked "no longer in effect" and removed from the
Employees who are approved to forfeit accrued annual, holiday or compensatory leave in
lieu of serving the period of suspension, and waive their disciplinary appeal rights shall
be eligible to work overtime and/or off -duty in accordance with standard departmental
policies. Employees serving a suspension without pay shall not be eligible to work on the
dates covered by the suspension.
All disciplinary actions including demotions, suspensions, and dismissals of permanent
employees, but excluding reprimands and lesser disciplinary actions, shall be appealable
to an Arbitrator , in accordance with the n..., lock. rode a»�d this
Agreement. This section shall not apply to termination of non -permanent or probationary
20
employees or the demotion of permanent employees who fail to complete promotional
probationary period to the satisfaction of the Departments for other than disciplinary
reasons.
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ARTICLE 15. TRAINING
Section 1. The City, in its effort to encourage its police personnel to acquire greater
knowledge in the more complex areas of the social system today, agrees that it shall encourage the
employees to attend advanced schools and college courses. When the City or the Department trains
employees in non -mandatory specialty police training, the following procedure will be utilized.
a) Each employee is entitled to a minimum of two (2) training days in each calendar
year subject to the following: The training day shall be defined as any training
activity related to law.
Section 2. The City and the Department will develop programs for training for the
purpose of improving the performance of employees, aiding employees to equip themselves to
advancement to higher positions and greater responsibilities, and improving the quality of service
rendered to the public. A program of rotation of eligibility for training and school shall be
developed to encourage the greatest distribution of educational opportunities.
Section 3. When the City or the Department trains employees in non -mandatory
specialty police training, the following procedure will be utilized:
a) The available training will be posted
b) All interested employees will be interviewed
c) Seniority will be considered in the selection
d) Only those officers who have successfully completed a one (1) year probationary
period will be eligible to participate in the non -mandatory specialty police training.
Section 4. Firearms training and qualification will be twice every calendar year.
Section 5. When the Department requires employees to attend weapons training, or
qualify with his service weapon, the Department will make every reasonable effort to facilitate the
employee's attending the firearms range during his normal working hours or during reasonable
hours. In the event the Department is unable to schedule the employee to attend the firing range
during his normal working hours, the employee shall be required to attend the firing range during
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his off -duty hours; provided, however, that the actual time spent by the employee in acquiring such
training during his off -duty shall be compensated in accordance with Article 27, "Hours and
Overtime."
Section 6. Employees shall have the option of utilizing such training which shall be on
their own time (non-compensable off -duty). The Department shall provide sufficient rounds of
ammunition, for Department -approved training, per employee for qualification, each time the
employee exercises the firearms training and to carry out their responsibilities.
Section 7. Upon successful completion of a police career development course which
has met with prior approval by the Chief of Police, the officer shall receive reimbursement for
tuition, travel, room and board. Upon transfer to a specialty unit, an officer shall receive on-
the-job, in-house, on -duty training so as to permit the officer to acquire the skills necessary for the
assignment, as determined by the Department.
Section 8. Employees promoted to the next highest rank will receive aerate
corresponding training at the earliest available time
Se Upon transfer to a specialty unit, an officer shall receive on the job,
in house, on duty training so as to permit thc officer to acquire thc skills necessary for the
Section 910. Each employee is entitled to a minimum of two (2) training days in each
calendar year subject to the following:
a) The training day cannot be taken on the last working day before, or the first working
day after a holiday.
b) The training day must be approved in advance by the Chief of Police.
Section 10 -11. The City must permit employees to attend employee's initiated non -
mandatory specialty police training on their own, if they wish, unless it causes undue hardship on
police staffing. Each employee is responsible for payment of all expenses and fees for training
attended under this provision. The department shall pay for department authorized training_
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Section 12. Training days will not be unreasonably withheld.
ARTICLE 16. SENIORITY
Section 1. Seniority shall consist of full time, continuous paid service by classification
within the department.Upen-promotion-sentority-shall-be-cemputed-frorn-the-appointnient-d— ate,
,
Upon promotion, seniority in the senior rank will begin and that of the junior rank will cease, but
shall not be lost upon subsequent demotion, but continue from where previously left off. Seniority
shall be computed from the date of employment as a sworn law enforcement officer. Upon
promotion, seniority shall be computed from the appointment date. Seniority shall accumulate
during paid absences because of illness, injury, vacation, military leave or other authorized leave.
Seniority will be the determining factor a- consideration the determining factor in making shift
assignments, including days off, of departmental personnel, except that the City reserves the right
to reassign two (2) employees, per bid period, from one squad to another squad within the
discretion of the Police Chief to meet operational need(s) or requirement(s) of the Department.
During the shift bid process, the Chief of Police shall have the sole discretion to reassign an Officer
who selects a specific squad to another squad on the same shift. Shifts shall will be bid on the basis
of seniority every four (4) or six (6) months. Seniority shall additionally govern the following
matters:
a) Vacations for each calendar year shall be drawn by the employee's
preference on the basis of seniority.
b) In the event of a vacancy in any division or unit (not a promotional vacancy)
seniority will be considered as a factor.
Section 2. In the event of a lay-off for any reason, employees shall be laid -off as in the
inverse order of their seniority in their rank. Any employee to be laid -off who is advanced to his
present rank from a lower rank in which he held a permanent appointment, shall be given a position
in a lower classification in the same department. His seniority in lower classification shall be
established according to the date of his permanent appointment to that classification. Employees
shall be called back from lay-off according to the seniority in the rank from which the employee
25
was laid -off. No new employee shall be hired in any classification until all employees on lay-off
status in that rank have had an opportunity to return to work. Employees will be notified by
registered mail to their address of home record and shall be given fourteen (14) calendar days to
return to work. Layoff lists shall be maintained for a period of one year.
Section 3. In the event the police department is transferred to another jurisdiction, the
City will use its best effort to attempt to negotiate the preservation of rank and job benefits on behalf
of the employees. In the event the City should eliminate its police function in its entirety or obtain
police services from another jurisdiction on a contractual basis or any combination of contractual
services and reduction of the police department, the City shall use its best efforts to assist the
employees in obtaining work elsewhere.
Section 4. Except as provided herein, sSeniority shall may be controlling for shift bids,
holidays and vacation bids, as well as off -duty bids within the discretion of the Chief of Police.
Section 5. Bargaining unit members agree not to hold the City liable if the City police
department is eliminated and the employee City is unable to secure subsequent employment.
26
ARTICLE 17. VEHICLES AND EQUIPMENT
Section 1. Whenever an employee is authorized in advance to use his own vehicle in
the performance of his official duties, he will be reimbursed at the State of Florida level current at
the time and for tolls and parking charges.
Section 2. The City will undertake to establish a preventative maintenance and vehicle
replacement program for City -owned vehicles. The employee shall note defects and discrepancies
in the operation of any vehicle by written statement on a form to be provided by the City and shall
assume the obligation of reporting said deficiencies timely.
Section 3. Before any marked patrol vehicle goes into the street, the employee shall
insure the following equipment is in working order: rotating emergency lights, siren, spotlight, City -
issued two -way -radio, first aid kit, and fire extinguisher.
Section 4. To protect officers at all times, the City will provide each officer with an
industry grade 800 megahertz police radio. All existing radios compatible with a shoulder
microphone shall be so equipped. For those radios which are not compatible with a shoulder
microphone, as said radios are replaced, they shall be replaced with radios compatible with a
shoulder microphone. The City will take reasonable steps to secure such additional radios as are
necessary. In the event the radio is damaged, lost or stolen through negligence, the officer will, at
his or her expense, undertake to promptly repair or replace the radio.
Section 5. Employees shall use the departmentally issued or
departmentally approved firearms. —ors theiro w duty •alifeatio
demonstrationo f prof done. f r such . whic : clude.
a) .38 caliber;
b) .357 Magnum, Smith & Wesson or Colt.
c) .9MM semi automatic limited to the following makes: Glock, Sigsauer Smith &
Wesson, Beretta. (Such weapons must be barrel lengths of 4" or 5" and must be
either-deuble-actien-er-equipped i*firth ani-external afe ercoye the specific
27
d) .40 or .15 caliber semi automatic pistol.
Not A � f e s "b" t b 24 a lib lus
cc�'siaixcua it �izuvcvc :✓v r p ...
Section 6.
The City will allow employees time for semi-
annual qualification two (2) times per year, and provide ammunition for use while on duty. The
Section 7. Take Home Vehicle Program - The City shall provide take home vehicles to
bargaining unit members for use to and from their home and work consistent with this Section.
1) Eligibility.
a) Bargaining unit members must live within a 50 -mile (fifty mile) radius of the
City limits-main-peliee-statien. Bargaining unit members must live within
Dade or Broward County. Any officer living outside of Dade or Broward
County may request, on a case -by -case basis, a take-home vehicle. A take-
home vehicle request will be reviewed by the City and the City may approve
such request on a case by case status.
2) Use of Vehicles Off -Duty:
a) Residents within the City of Opa Locka:
1) Unlimited personal use within the City (except for bars and
lounges or any location that reflects negatively on the agency or the
City of Opa-Locka).
2) Use outside of the City is restricted to portal-to-portal court
appearances, except as otherwise approved by the Police Chief of
his designee.
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3) May not transport any non -sworn City personnel or other person in
the vehicle without the approval of the Police Chief of his
designee.
b) Residents outside the City of Opa Locka:
1) Portal or Portal, to Station or Court only, unless other use is
approved by the Police Chief or his designee.
2) May not transport non -sworn City personnel or other person in the
vehicle without approval of the Police Chief or his designee.
3) Other Requirements:
a) All fueling, washing, waxing, etc. of the vehicle will take place on duty.
b) Mechanical maintenance of the vehicle is prohibited unless specifically
authorized. Prohibition does not include the changing of flat tires.
c) Bargaining unit members taking leave of forty-eight (48) hours or more shall
leave their take-home vehicle at the station during the period of their leave.
d) Specific rules regarding this program will be developed and promulgated by
the Chief of Police with input from the bargaining unit prior to
implementation.
e) Injuries sustained by officers driving a take-home vehicle off -duty shall not
be considered an on-the-job injury.
f) The City of Opa Locka is released from liability if an officer is involved in
accident where a family member or other persons or passengers are injured
while riding in a take-home vehicle.
g) The Chief of Police may suspend the take-home vehicle of any officer with
proper cause, as determined by the City Manager.
29
ARTICLE 18. NOTICE OF CHANGE OF STATUS
Section 1. The City agrees to notify the employee when possible in the discretion of the
Chief of Police, ten (10) days in advance of any contemplated changes in the Employees' status
(i.e., transfer, reassignment, change of shift).
Section 2. Upon application to the Chief of Police, shift exchanges for the purpose of
attendance at advance schools and college courses will be arranged provided that:
a) A fellow Employee of like rank and experience volunteers for the exchange and
such exchange does not result in payment of overtime.
b) It is requested and approved sufficiently in advance so that it does not present a
hardship for the Police Department.
30
ARTICLE 19. CIVIL SUITS
Section 1. The City, through its insurers, will undertake the defense of a bargaining unit
Employee against civil damage suits and will file proper and appropriate countersuits, providing
that such suit arose out of actions by the Employee in the line of duty, and, provided that such
defense is requested by the Employee and the City Manager. The City or its insurers shall not be
required to undertake such a defense in cases where the City has taken or is in the process of taking
disciplinary action against the Employee arising out of the incident or incidents which comprise the
basis for the suit against the Employee for which the defense is requested. An Employee requesting
the City through its insurers to undertake his/her defense shall hold the City harmless from any
liability to the Employee resulting from any judgment arising out of the suit, except as provided for
by Florida Statutes.
Section 2. Where disciplinary action is reversed or overturned on appeal, the City will
undertake the defense of the Employee as provided above from the time of said reversal or
overturning, if requested by the Employee.
31
ARTICLE 20. BEREAVEMENT LEAVE
Section 1. Employees shall be granted four (4) three (3) days off without loss of pay or
benefits when a death occurs in the immediate family of an employee. Additional time offmay be
granted at the discretion of the Police Chief. Upon request from the City, the employee shall
provide the name of deceased, location of services, relationship to the decedent and appropriate
proof of death.
Section 2. Bereavement leave will not be charged against sick leave, vacation, holiday
time or accumulated overtime.
Section 3. Immediate family shall consist of father, mother, sister, brother, spouse,
children, grandparents, mother-in-law, father-in-law, grandparents -in-law, grandchildren, and other
persons who are actually members of the employee's household.
32
ARTICLE 21. OFF -DUTY POLICE EMPLOYMENT
Section 1. A request for secondary employment will be granted in accordance with
departmental policy.
Section 2. The City agrees that all authorized off regular duty police work is
compensated at the base rate of $5032.00 per hour for employees performing as police officers and
$5436.00 per hour for employees performing as supervisors. These rates may be adjusted upwards
periodically, with approval of the Chief of Police, to remain competitive with other Police Agencies.
The minimum time charge will be three (3) hours at the appropriate rate.
Section 3. Police -related outside employment shall be limited to a maximum number of
hours established by departmental policy.
Section 4. Employees who are injured as a result of police action or while effecting an
arrest shall be entitled to the same rights, privileges and workmen's compensation benefits as if
injured on regular duty.
Section 5. The department will furnish, if available, a handheld radio unit to an
employee working an approved off duty detail.
Section 6. Such outside work may not be performed in a manner which interferes with
the employee's performance of his duty as an officer of the Opa Locka Police Department.
Section 7. Current attionary-employ Gh " of be ttea to . ork off duty
jobs.
entering the service after the effective date of this agreement will only be permitted to work
seeende nipleyment-after-eempleting-thek-pr-obatienafy-periefsh Officers in the Field Training
Officer (FTO) Program are not eligible for off -duty jobs.
Section 8. The Department will be permitted to charge off -duty employers reasonable
fees for the use of Departmental resources at the rate of $13.00 per day. In addition, the Department
may charge each off -duty employer a reasonable fee on a regular basis to help defray the cost of
administering the off -duty employment of its officers and supervisors at the rate of 20% of the
33
hourly rate paid to the employee. Such fees shall not serve to unreasonably discourage off -duty
employers from hiring employees.
Section 9. The City will collect all monies from the permittee and pay out to the
employee within one pay period.
Section 10. All off -duty employment within the City of Opa Locka, Florida will be
reserved for employees.
Section 11. Officers in the bargaining unit have the right to first refusal for any off -duty
jobs. Those off -duty jobs shall initially be assigned pursuant to seniority, with remaining slots filled
on a first come, first serve basis. The seniority that is applied shall not be within classification, but
based on time with the Department. Off -duty work shall be offered to bargaining unit employees
(i.e. police officers, teals and sergeants) before any management employee received the
opportunity to work off -duty.
Section 12. Denial or en on of an _ toyee from :. orki,g off duty shat et be
..'« t.��..�..... ... :::Y...J..�- .-...... .....� ..ate »».) ��».. ..e
used-aas dicipl -actien-unr-elated--ta cf ty-Nver-kShould-an pleyee be ndea from
>> ffd„ti,Heb ere—►han o ont or ed empaEtisular vendor, said
Any employee who is suspended/banned from working an off -
duty job or banned from a particular vendor shall be predicated on documentation substantiating
such suspension/ban. Appeal of an alleged violation of this section shall be grievable to the City
Manager, whose decision shall be final.
34
ARTICLE 22. MANAGEMENT RIGHTS
The City shall have the right to determine unilaterally the purpose of the police department,
set standards of service to be offered to the public and exercise control and discretion over the police
department and its operations. The City shall have the right to direct the police Employees, taking
disciplinary action for proper cause and to relieve any police Employee from duty because of lack
of work or for other legitimate reason. Except as otherwise provided in this Agreement, the City
shall have the right to rehire employees; determine the starting and quitting time and the number of
hours and shifts to be worked; maintain the efficiency of employees by communication through
supervisory personnel; merge, consolidate, expand, or close the department or any division or part
therefore, or expand, reduce, alter combine, assign or cease any job or assignment; control the use of
equipment and property of the City; determine the number, location, and operation of headquarters,
annexes, divisions and department thereof; schedule and assign the work to the employees and
determine the size and composition of the work force; formulate departmental policy, rules and
regulations; and introduce new or improved services, maintenance procedures, materials, facilities
and equipment. Further, Except a o erwi e p idea in this eo ent, the City shall manage,
control and administer the police department. The City may make rules governing the conduct of
the police department Employees and said rules shall govern the conduct of the performance of
Employees in the police department, provided said rules are not inconsistent with the express terms
of this agreement. Only those job benefits provided for herein shall inure to the benefit of the
bargaining unit Employees. The parties agree to abide by the provisions of this agreement, rules
and regulations of the City, including Departmental rules, as they may be hereinafter amended from
time to time, provided that no such rules and regulations or directions of the managerial or
administrative personnel of the City shall be inconsistent with this agreement. Failure of City to
exercise any one or more of the above -enumerated rights shall not be deemed a waiver of City's
rights to exercise any or all of such rights in the future. Any legal right or privilege of City not
specifically relinquished by City in this Agreement shall remain with City.
35
ARTICLE 23. FUNERAL EXPENSE
The City will defray reasonable expenses of funeral and burial not to exceed the amount of
ten seven thousand fie- ed dollars ($10-7,5000.00) of any member Employee killed in the line
of duty.- This cost may be funded by the purchase of insurance by the City.
36
ARTICLE 24. UNIFORMS, SAFETY AND EQUIPMENT
Section 1. The City agrees to furnish the following clothing and equipment to each
bargaining unit employee and issue like replacement when original items become torn, worn and
unserviceable:
a) Three Five new uniforms at the time of hire each year and subsequently as needed,
which shall include blue trousers, short sleeve navy blue shirts and cloth sergeant
and corporal chevrons in addition to the following:
One (1) navy blue jacket (warm)
One (1) pair red traffic gloves
Two (2) pairs of black shoes or one (1) pair of black shoes and one (1) pair of
approved sneaker type shoe (sneaker shoe up to a maximum price of $60.00)
One (1) yellow raincoat
One (1) pair of handcuffs
One (1) long -sleeve dress shirt with tie and tie clasp
b) The City agrees to provide all employees with an expandable baton (asp) along with
training for its use.
Section 2. Any employee who shall without gross negligence or wanton and willful
misconduct, incur any breakage or damage to his uniform or personal equipment or loss of such
items in the line of duty, shall have it replace at no cost to the employee, with the approval of the
Chief of Police. Such replacement item is to be of equal value to the item broken or damaged. (To
include such items as eyeglasses, watches and weapens. To exclude such items as jewelry.)
Section 3. Employees who are required to wear non -issued clothing in the course of
their job, shall receive a clothing allotment and cleaning reimbursement of four hundred and fifty
dollars ($450.00) per year (payable at thirty-seven dollars and fifty cents ($37.50) per month).
Uniform employees shall receive a maintenance allowance of three hundred dollars ($300.00) per
year, payable in a lump sum at the year end or portion of the year worked. Bargaining unit
37
members who are out of work due to injury, not responding to the workplace and not on authorized
leave (in pay status) for one month or more shall be precluded from receiving the monies outlined in
Section 3 until they either, a) return to work or b) are placed in -pay status by the use of annual, sick
or compensatory time. Employees at home receiving workers' compensation benefits alone shall
not receive uniform allotment or cleaning allowance as contained in Section 3.
Section 4. The City shall purchase or provide each officer an I.A.C.P. approved,
bulletproof vest for each member of the bargaining unit; members to be fitted individually for the
vest. Such vest shall be a Threat Level III level II or higher NIJ certified vest. The City will provide
for the replacement of bulletproof vests which become unsafe or dysfunctional as is recommended
by the vest manufacturer.
38
ARTICLE 25. SICK LEAVE —
Section 1. Employees will earn sick time based on one (1) day per month for each
month of service, accrued based upon the assigned shift schedule, eight (8), ten (10) or twelve (12)
hours.
a) One day sick leave will be earned if a new employee starts work before the 15th of a
calendar month. If he/she starts after the 15th, sick leave will be earned
commencing the following month.
b) An employee who is in pay status and is absent from work will continue to
earn sick leave at the rate provided herein.
Section 2. Sick leave may be used by the employees for the following reasons:
a) Personal illness or physical incapacity to such an extent as to render the
employee unable to perform the duties of the employee in his present
position.
b) Attendance upon members of the immediate family, which shall be defined
as spouse or minor children, whose illness requires such care.
c) Enforced quarantine when established by the Department of Health or other
competent authority for the period of such quarantine.
Section 3. Any employee on such leave shall be paid regular holiday pay for any and all
holidays (excluding birthday holidays) that occur while on sick leave.
Section 4. Accumulation of Sick Leave:
a) Sick leave shall be used in the order accumulated.
b) Of the first six (6) days of sick leave credited to an employee, any such sick
leave not utilized shall be converted at the end of the calendar year to
vacation time.
Section 5. Sick leave may be accumulated to a maximum of one thousand forty (1,040)
hours during the total term of the employee's employment.
39
f Se„tember 30 l 991 shall he paid l nnoi of their r gular rate of pay for iek leave
�cc^rpr-a�-a�rvcpccrixvv�v, cric erg.....,., ..,..... .,. 1...) .... ...;'.j' �............. ...
excess- o hou.. , -T errcaivrr, onroi -abeut Deceir ber 1 st -ef -each Callen `ear, any
0
Section 6. Sick Leave Payout:
Upon ratification of this Agreement, any employees with an excess of one thousand forty
(1,040) hours sick leave shall receive a one-time payout of all hours in excess of one thousand forty
(1,040) hours at the regular rate at the time of payment. After such payouts are made, no further
unused sick leave will be cashed out for any reason, including death, termination, retirement, or
other separation of service by the employee. In the event the employee shall die, retire, or separate
leave at the f llowi g rates.
5 10 years of service payable at 25% of accrued sick leave bank.
11 15 years of service payable at 50% of accrued sick leave bank.
16 19 years of service payable at 75% of accrued sick leave bank.
20 years or more of service payable at 100% of accrued sick leave bank.
Section 7. Sick leave shall be paid at the regular rate of the employee at the time of
death, retirement r honorable s ration fro,,.
Section 8. An employee shall be allowed to twe call in sick and utilize sick leave two
(2) consecutive (2) shifts without being required to produce a doctor's note. While out on sick
leave, the employee must be at his/her residence, a doctor's office or a hospital or be en route to one
of these locations. If the employee remains on sick leave for more than two (2) consecutive shifts,
he shall, provide the following:
a) A doctor's certificate or note upon the day of return to work providing:
40
1. Nature of the illness.
2. Whether or not it was incapacitating.
3. Certification that the employee is fully fit to perform his duties
OR
b) A waiver of this provision by the Chief.
Section 9. Failure of the employee to provide such a note or certification may result in
the employee being disciplined, up to and including termination of employment.
Section 10. The employee shall at all times submit himself for examination by City
appointed physicians.
Section 11. The City shall develop, in cooperation with the Association, operational
standards for the purpose of controlling sick leave abuse and providing for proper discipline of
employees who abuse the sick leave privilege as provided in this article.
Subject to the above -referenced cooperation with the Association, said guidelines for the
usage of sick leave shall loosely follow the schedule of disciplinary action for instances of
utilization of sick leave below. At all times, sick leave usage shall be analyzed on a case -by -case
basis, taking into consideration the unique reasons for each employee's usage of sick leave. As
such, the schedule below shall be used as a guideline in order to allow the employer and employee
some basis of expectation, and may be more or less stringent as dictated by the individual
circumstances surrounding the sick eave usage.
An instance shall be defined as a consecutive period of days, regardless of length.
The schedule of discipline shall be:
One to two instances
Three instances
Four instances
Five instances
More than five instances
no action.
formal counseling.
written reprimand.
suspension of one (1) to three (3) shifts or an
equivalent forfeiture of accrued time.
Discretion of the Chief up to and including dismissal.
41
In the event that an employee provides a written medical excuse from a licensed medical
practitioner setting forth the nature of the illness and the requirement that the employee be absent
from work, said period of absence shall not be charged as an instance, as defined in this article.
42
ARTICLE 26. HOURS AND OVERTIME
Section 1. The basic week of work shall be either forty (40) hours, which would consist
of five days, eight hours per day or four days, ten hours per day, or a basic workday of twelve12
(12) hours; which would consist of 84 hours within a per pay period, f ur (4) of whic would be
paid at he overtime rate. The determination of implementing the 4/10 workweek or 12 -hour day
shift schedule rests in the discretion of the City with the understanding that it shall be submitted to a
Labor Management Committee in the second year of this Agreement.
Section 2. Overtime shall be compensated at a rate of time and one-half. There shall be
no obligation on the part of management to allow overtime work. In the event, in the sole discretion
of management, it becomes necessary for any employee to perform service in excess of forty (40)
actual working hours in an 8- or 10 -hour day, or 840 hours per pay period in a 12 -hour day shift
schedule, the employee shall work overtime hours as required. Sick leave and vacation or holiday
leave shall not be considered time worked in computing overtime hours. All work performed
beyond forty (40) or eighty-four (840) hours as previously described shall be computed at the rate of
time and one-half.
Section 3. Schedules will not be altered to avoid the payment of overtime but for the
scheduling of police training.
Section 4. In an effort to create flexibility within the police department whereby an
employee may volunteer to be paid in banked time for hours worked that would otherwise be paid at
the overtime rate, the City agrees to allow the employee to create an "in house" time bank at the rate
of time and one-half for up to one hundred and twenty (120) eighty -(80) hours of accumulated time.
Accumulated hours : o fone hundred and , e ghty (8m hours Shan be ...,:a t the
overtime rate shall not be paid under any circumstances. Comp time shall be approved by the
employee's direct supervisor.
Section 5. Court time in excess of the basic week of work shall be compensated at
overtime rate for time actually appearing in Court from Police Station and return as shall appear on
43
a certificate prepared by the Clerk of the Court showing time checked into the Court and time of
discharge or by a certificate prepared by the state Attorney or his designated employee or court
liaison system or such other method designated by the chief. The City shall pay at least three (3)
hour minimum rate for a court appearance.
Section 6. In the event the Chief of Police determines in his sole discretion that an
emergency condition exists, employees may be required to work continuous shifts without off -duty
hours between shifts. Whenever possible, no employee will be required to work two consecutive
double shifts (16 hours) within any two-day period.
Section 7. Employees shall be compensated for stand-by time as provided by the Fair
Labor Standards Act (FLSA).
Section 8. If an employee has approved leave time (excluding normal days off)
suddenly canceled by the City due to being placed on stand-by status and has to cancel preplanned
travel reservations for which he cannot be refunded, the City agrees to reimburse the employee
accordingly, upon presentation of receipts and documentation of expenses, so long as the employee
gives prompt and complete prior notice to the City that its actions may cause a cancellation.
Section 9. No employee shall be compensated in addition to his regular rate of pay for
services performed as an employee in a higher pay classification unless the employee shall serve in
such a position for more than one (1) month.
Section 10. The employee shall be compensated at the appropriate rate for a minimum of
two (2) hours in the event he is required to return to work during a period not assigned on the
regular shift.
Section 11. The City will compensate the employee only for off -duty training required by
the City at time and one-half (1-1/2). Employees shall not be compensated in any way by the City
for off -duty training not required or requested by the City.
44
ARTICLE 27. PROMOTIONS AND SPECIALTY ASSIGNMENTS
Section 1. The City will announce promotional examinations at least ninety (90)
forty five (45) days in advance of said examinations. The City will list the areas which the
examination will cover and the sources from which the examinations are drawn, and the location of
the source.
Section 2. The City agrees to assure the promotional examinations are validated in
accordance with established validation standards and techniques. The City further agrees that the
promotional examination will be developed and prepared by an individual independent of the City
who is a subject matter expert and who has been provided all the source materials prior to drafting
the promotional examination, and who holds a bachelor's degree or higher from an accredited
university. To be eligible for the Sergeant's examination, bargaining unit employees who hold a
bachelor's degree or higher from an accredited institution must have been employed for twe-(2)
three (3) years with the City of Opa Locka. Bargaining unit employees who hold no degree from an
accredited institution must have been employed for four (4) tree -(3) years of continuous service
with the City of Opa Locka.
Section 3. The promotional examination shall consist of three parts:
a) A written examination.
b) An oral board interview, said board which shall be comprised of three law
enforcement officers of the rank of lieutenant or higher, one selected by the City, one
selected by the Union and a third selected by the other two members. All members of the
oral board shall be required to sign an affidavit of non -conflict and non -disclosure. This
affidavit shall attest to the fact that the oral interview board member does not have any
conflict with any of the participants and that the oral board member has not disclosed any
part of the deliberations or discussions which took place during the oral board interview.
c) A seniority point calculation.
Section 4. The three parts of the promotional examination outlined herein shall be
45
combined in order to arrive at the candidate's final score. All candidates must achieve a seventy
(70) percentile score or higher in the written examination in order to proceed to the oral interview.
The weight given to the three parts of the promotional examination shall be as follows: Sixty -Five
(65) Seventy (70) percent of the overall score from the written examination, thirty (30) tea
(22) percent of the overall score from the oral interview, and five (5) cight (8) percent based on the
following seniority point calculation:
a. Less than 3 years of service 0 points;
b. 3-5 years of service 1 point;
c. 5-7 years of service 2 points;
d. 7-9 years of service 3 points;
e. 9-11 years of service 4 points;
f. More than 11 years of service 5 points.
Section 5. The entire promotional examination, certification of the eligibility list and
filing of the vacancy shall take no more than one hundred twenty days (120) from the occurrence of
the vacancy.
Section 6. The City agrees that upon execution of this agreement, the promotional
probationary period shall be of one (1) year duration and cannot be extended except when the
probationary employee is incapacitated because of illness or injury.
Section 7. Promotions shall be made from the top four (4) of an eligibility list. The
eligibility list shall be valid for two (2) years from the date it is certified by the City unless there are
fewer than two names on an otherwise valid list.
Section 8. Specialty Positions shall be defined as any position not assigned to routine
uniform patrol. Whenever a vacancy occurs in a specialty position or a new specialty position is
created, the following procedure will be utilized:
a) The available position will be posted.
b) All interested employees will be interviewed.
c) Only those officers who have successfully completed a one (1) year probationary
period and one additional year of service as a police officer with the City will be eligible for
46
the specialty position.
Section 9.
Section 10. Acting Ranks. Any individual who is assigned the acting rank of sergeant
must be on a current eligibility list , if one exists. The person must be the next person listed on the
rank order promotion list , unless the vacancy is in a specialty sergeant position. There shall be no
deviation, The City further agrees that any acting rank position that is established, that remains in
existence for longer than ninety (90) one hundred eighty (180) days, shall trigger the provisions of
Article 27, "PROMOTIONS". Thi s bGect;on shall take eff et s ., (6) months ate.. the collective
bargaining agreement is ratified. The Chief may recommend an individual to the Acting Rank of
sergeant.
47
ARTICLE 28. HOLIDAYS
Section 1. The following and any other day designated by the City Commission are
holidays:
New Years Day
Martin Luther King Days
President's Day '
Law Enforcement Appreciation Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Day Christmas Day
Section 2. All employees will be given a day off for their birthdays with pay after
working a full year, at a time mutually agreed upon.
Section 3. When a holiday occurs each employee member will be paid one extra day's
pay for such holiday, based upon their assigned shift schedule, eight (8) ten (10) or twelve (12)
hours (Employees shall work five days in a holiday week and receive six days pay, as per current
practice). Holiday hours accrued will be paid as earned and shall not be paid upon separation from
the City. Final payment for any accrued holiday pay shall discontinue effective December 31, 2022.
,st be ele te,l p r to December 1 st of each . n,1 ; cable
48
ARTICLE 29. LEAVE OF ABSENCE
Section 1. Leaves of absence without pay for a period not to exceed fifteen (15) days
shall be granted for a reasonable purpose to any employee by the Chief of Police. Such leaves may
be renewed or extended for any reasonable purpose.
Section 2. Medical/Maternity leave may be granted by the Chief of Police for a period
up to six (6) months upon request.
Section 3. Leave of absence for an employee who is a member of the National Guard or
the Military Reserve Forces of the United States shall be in accordance with the Florida Law.
Section 4. Employees may, at the discretion of the Chief of Police, obtain leaves of
absence with or without pay for police oriented educational purposes to attend conferences,
seminars, briefing sessions or other activities of a similar nature that are intended to improve or
upgrade individual skills or professional ability. Educational leave may be granted by the Chief of
Police for a period up to one (1) year at the request of the employee. Any employee on a non -paid
authorized leave of absence will reimburse the City for life and health insurance premium
contributions, should they choose to continue such coverage, except as required by law. Employees
on non -paid leave of absence shall not accrue seniority while on a leave of absence.
49
ARTICLE 30. INSURANCE BENEFITS
The City agrees to pay 100% of health insurance coverage for all bargaining unit members,
and 50% of spouse or family coverage in an HMO provided by the City. Employees wishing to
upgrade their health care to the City -provided PPO plan shall have the dollar value of HMO
coverage applied towards their PPO coverage.
50
ARTICLE 31. GRIEVANCE PROCEDURE AND DISCIPLINARY MATTERS
A. Grievance Procedure
Section 1. All bargaining unit employees shall have a right to a fair and equitable
grievance procedure administered without regard to membership or non -membership in the
Association. Only the grievance procedure set forth herein may be used by the bargaining unit
employee. The grievance procedure shall not be used to modify, add to or alter any provision of
this agreement.
Section 2. A grievance shall be defined as any disagreement over the interpretation and
application of the terms of this agreement.
Section 3. Procedure
Step 1 - The employee shall discuss the grievance with his/her immediate supervisor
within seven (7) calendar days after the incident which gave rise to the
grievance. The immediate supervisor shall have seven ten (7-1-0) calendar
days to respond verbally to the employee.
Step 2 - If the grievance remains unresolved, the employee shall present the
grievance, in writing, to the Deputy Chief of Police, with a copy submitted to
the employee's supervising lieutenant within seven (7) calendar days from
the date the immediate supervisor's response was received. The Deputy
Chief of Police shall have seven fifteen (2D) calendar days to respond, in
writing, to the employee.
Step 3 - If the grievance remains unresolved, the employee shall present the
grievance, in writing, to the Chief of Police within seven (7) calendar days
from the date the Deputy Chiefs response was received. The Chief of
Police shall have seven fifteen (7 ) calendar days to respond, in writing, to
the employee.
Step 4 - If the grievance remains unresolved, the employee shall present the
51
grievance, in writing, to the City Manager within seven (7) calendar days
from the date the Chief of Police's response was received. The City
Manager shall have fifteen (15) calendar days to respond, in writing, to the
employee.
Step 5 - If a grievance has not been satisfactorily resolved within the
Grievance Procedure, the aggrieved employee and/or the Association shall
request a review by an impartial, neutral party no later than ten (10) calendar
days following receipt of the City Manager Chief's response in Step 4 of
the Grievance Procedure. The parties shall jointly request a list of five (5)
sub -regional names from the Federal Mediation and Conciliation Service
Within seven (7) calendar days of receipt
of the list, the parties shall alternately strike names, the City striking first and
thus leaving the fifth name who will act as Arbitrator. The City and the
Association shall attempt to mutually agree in writing as to the statement of
grievance to be arbitrated prior to the arbitration hearing and the Arbitrator
shall confine his decision to the particular grievance if specified. In the
event the parties fail to agree on the statement of the grievance to be
submitted, the Arbitrator shall confine his consideration and determination to
the written statement of the grievance.
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 amend thereto. The arbitrator shall have
no authority to consider or rule upon any matter which is stated in this Agreement not subject to
arbitration or which is not a grievance as defined in this Agreement; nor shall this collective
bargaining agreement be construed by the Arbitrator to supersede applicable laws in existence at the
time of signing of the Agreement except to the extent as specifically provided. The initiating parties
shall not be penalized in any way for exercising their rights under this contractual agreement.
52
However, each party shall bear the expense of its own witnesses and of its own representative. The
impartial arbitrator's fee and related expenses and the expense of obtaining a hearing room, if any,
will be assessed to the losing party. However, should the Arbitrator specifically render a split
decision, the Arbitrator will render a decision splitting the fees and expenses between the parties.
Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both
parties mutually agree to share said costs. Copies of the Arbitrator's decision shall be final and
binding upon both parties.
The Grievance and Arbitration procedure herein shall have no application to the resolution
of disputes between the parties concerning the terms of a new collective bargaining agreement to
replace this Agreement.
Grievances not pertaining to the Agreement:
Grievances may also be filed by members of the bargaining unit when they feel that
procedures, rules or regulations are being misused or unjustly enforced against them. This would
pertain to reprimands, whether oral or written. This type of grievance would be an Inter -
Departmental Grievance and would follow the Grievance Procedures as stated above.
B. Disciplinary Appeal Procedures
a) In Departmental disciplinary cases not involving Internal Affairs
Investigations, the Chief of Police, or his designee, shall, at the affected
employee's request, afford the employee an opportunity to refute the charges
against him or her and/or recommendation being forwarded to the Chief.
b) Employees suspended for more than twenty (20) days shall only serve the
first 20 days of such suspension with the remainder to be served after the
issuance of an Arbitration Award confirming a suspension of greater than 20
ci.ayNe-empleyee-shall-seFve-a-sttvensien-without-pay-until-an-Ar-bitr-ater-Or
th@-P$r onn 1 Board h.,s rendered--a--decisi cheyer- procedure --is
applic
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c) For those employees who are terminated by the City, not falling into
subsection b above, the City agrees to permit a request for expedited hearing.
d)
Contractual Grievance Procedure (Article 31) or through the Personnel
ept f Police O cers it t e n oademy_ana Sworn
Pol: e Oom, the itia1 p obatio oa Tho
be terminated a ide,l b.. the Civil Service R les and Aegulationr .,ith
or ithout bythe Cis, n ll a ployees m .st make a e cable
eleetio to .,ly e (1) ofN,e above outlined vehicle
e) Employees suspended for a period of forty (40) hours or less may request
forfeiture of accrued leave (annual, sick or compensatory leave) and remain
in pay status for the above period of suspension. Such request should be
submitted to the Chief for his approval. Employees exercising this option,
upon approval by the Chief, shall formally waive their right to any further
appeal action on said suspension.
Section 5. Selection of redress other than through the Grievance Procedures contained
herein shall preclude the aggrieved party or parties from utilizing said Grievance Procedures or
accessing an arbitration forum.
Section 6. Any grievance not processed in accordance with the time limits provided
above shall be considered conclusively abandoned.
Section 7. The Employee Organization may file and process Association grievances at
the Chief of Police's steps when the contract violation affects the unit as a whole.
B. Disciplinary Matters
Section 1. The compensation and expenses of the Arbitrator and expenses attributable
to rental of the hearing room, if any, shall be split between the City and the Association. Each party
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shall bear the expense of its own representatives and witnesses at the arbitration hearing. Any party
desiring a transcript of the hearing shall bear the cost of such transcript unless otherwise agreed to
by the Parties.
Section 2. An employee who receives a written reprimand shall have the right to an
informal hearing before the Chief of Police at which time the evidence regarding the incident shall
be evaluated and discussed. If the employee does not agree with the recommendation made by the
Chief of Police, then the employee has the right to a formal hearing before the City Manager. At the
formal hearing, the employee has the right to present oral and documentary evidence and cross
examine all adverse parties and witnesses. The employee shall also have the right to be
accompanied, represented and advised at the hearing by a representative of his or her choosing.
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ARTICLE 32. PERSONNEL RECORDS
Section 1. All personnel records of the employees shall be kept confidential and shall
not be released to any person except: authorized official of the Employer, or in response to a
subpoena from a court of competent jurisdiction, or upon written authorization from the employee,
or in a manner permitted by law.
Section 2. Upon reasonable request any employee shall have the right to inspect his/her
official personnel records wherever kept. The member shall have the right to make duplicate copies
of this record for his/her use at the employee's expense and the City agrees that no record or records
shall be concealed from the employee's inspection.
Section 3. An employee shall have the right to add to his/her personnel records written
refutation (including signed witness statements) of any material he/she considers detrimental.
Section 4. No bargaining unit members' name shall be released by the City until a
minimum of seven (7) calendar days elapses from notice to the employee of the request, unless both
the employee and Association submit a written waiver of this provision. This provision does not
apply to requests for public records made pursuant to Chapter 119, Florida Statutes, and shall only
be grievable to the City Manager.
Section 5. The City agrees to adopt the General Records Schedule for Law
Enforcement Agenciesas-pr-emulgated-by-the-Flerida-Depaftment-ef-State-en-Nevember-1-982and
andpursuant to this Agreement.
the employee's City files (Internal Affairs, Departmental, Personnel, etc;) and place them in a file
(a) All documents contained within said file(s) pertaining to a sustained formal
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(b) All documents contained within said file(s) pertaining to an informal
�� jj ���) ;
c)All documents co„ntTa'mned within f le(s)-perttaining to ustain ,
unfounded -or exonefated diseiplina �tions, pre ided that ^ e („ ..ear
action(s) referred to in subsection a, b, and c.
For purposes of this Article "formal" shall mean demotion, removal, suspension or such
action.
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ARTICLE 33. VACATIONS —
Section 1. Employees shall be granted vacations as follows, with the days being
computed based upon the assigned shift schedule of eight (8) ten (10) or twelve (12) hours:
Tenure with the City Annual Leave Per Year
1 through 5 years
6 through 10 years
11 through 15 years
16 through 20 years
21 years and over
12 working days
15 working days
18 working days
20 working days
22 working days
Section 2. Vacation time shall be computed to exclude any holiday falling within the
vacation. The extent and time of vacation shall be determined at the discretion of the Chief.
Section 3. Annual leave may be accumulated to a maximum of two hundred forty (240)
hours. Upon ratification of this Agreement, any employees with an excess of two hundred forty
(240) hours shall receive a one-time payout of all hours in excess of two hundred forty (240) hours
at the regular rate of the employee at the time of payment. After payout, employees who exceed two
hundred forty (240) hours at the time of their anniversary shall forfeit all hours in excess of two
hundred forty (240) hours.
Any unused annual leave will be cashed out to the benefit of the employee upon death,
termination, retirement, or separation from the City so long as the employee has provided the City
with a two-week notice (of separation) and has been employed by the City longer than 365
consecutive days.
Section 4. Upon termination of the member employee for any reason or in the event of
death, he or his heirs shall be entitled to an immediate lump sum payment for all vacation time
earned and accrued at the employee's last rate of pay, up to the maximum of two hundred forty
(240) hours.
Section 54. Employees may request vacation paychecks in advance of the scheduled
vacation by submitting a request in writing to the payroll office at least thirty (30) days prior to the
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starting of the vacation. If vacation time is not utilized, it shall automatically be carried over to the
succeeding year.
Section Cry. Employees will be permitted to split their vacation dates with approval of the
Chief.
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ARTICLE 34. PHYSICAL EXAMINATION AND WORKMEN'S COMPENSATION
BENEFITS
Section 1. The Employee shall be required annually to submit to an electrocardiogram
and physical examination, which shall include substance abuse testing, performed by a physician
selected by the City. The City will pay the cost of said examination.
The City has the right to require any employee to undergo a medical or psychological
examination by an assigned doctor, if reasonable suspicion exists in the discretion of the Chief
of Police for such an examination, to ascertain whether or not the employee is physically and
mentally capable of performing the duties required of the employee's classification. This
examination will be conducted on City time and at the City's expense. Time spent obtaining the
examination shall be considered work time and shall be paid as such at the applicable rate of
pay.
Section 2. The City shall provide Workmen's Compensation coverage for the
Employee. In the event of an on-the-job injury to an employee, such employee will be carried at
full pay, minus Workmen's Compensation daily benefits on the rolls of the Opa Locka Police
Department to a maximum of two hundred forty (240) days. Daily benefits and the time loss as a
result of the on-the-job injury will not be charged against any existing type of leave time. The
Workers' compensation award shall constitute prima facie evidence of permanent disability.
Section 3. Daily benefits and time lost as a result of on-the-job injury shall not be
charged against any type of leave time. An Employee may select their own physician for medical
care as may be permitted under Chapter 440 of the Florida Statutes or as allowed by Workers'
Compensation carrier. The City, however, may require an employee who suffers an on-the-job
injury to be examined by a physician selected by the City at the City's expense.
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Section 4. Any Employee injured on-the-job shall be paid a full eight (8), ten (10) or
twelve (12) hours wages, depending on his/her shift, for the day of the accident if his/her treating
physician advises that he/she could not or should not return to work that day.
Section 5. Any Employee who is able to work after a job -related injury, shall be
reinstated to his/her former job, provided he/she is physically qualified to perform the work.
Section 6. The City of Opa Locka agrees to implement a Heart Disability Provision
known as "Police Heart". The intent to this provision is to provide the benefits, as outlined herein to
sworn police officers, who suffer a condition of impairment as defined herein.
Scope of "Police Heart".
1) The guidelines and definitions regarding "Police Heart" shall be governed as
defined by Section 112.18, Florida Statutes 1995, entitled Special Provisions
Relative to Disability.
2) "Police Heart" shall not extend or otherwise affect Chapter 440, Florida
Statutes pertaining to Workers' Compensation benefits, as well as any
normal or disability retirement benefits.
3) Recipients eligible for "Police Heart" shall be entitled to all the benefits and
subject of all the restrictions normally associated with the long-term
disability (i.e. health insurance, discontinuance of accumulation of sick
leave, etc.) but shall receive benefits determined in accordance with "Police
Heart" provisions of this section.
4) "Police Heart" shall be effective upon ratification of this Agreement.
Officers who have been diagnosed as suffering from a condition of
impairment as defined herein prior to the ratification of this Agreement shall
not be eligible to receive benefits under the provisions of "Police Heart"
program. This program shall not include individuals who have been
diagnosed with high blood pressure or hypertension.
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Police Heart Eligibility
1) Minimum of ten (10) years of service as a sworn police officer employed by the
City of Opa Locka.
2) An otherwise eligible Employee who experiences an injury resulting from an on -
duty incident which is ultimately determined to be covered by Workers' Compensation, would not
require then (10) years of service to vest, but would instead be entitled to receive normal benefits.
Effect of Total Disability
1) If an eligible Employee is totally disabled, but eligible for normal retirement, the
Employee must apply for disability retirement. The employee would receive a disability retirement
percentage based on the City's retirement program.
2) An Employee determined to be eligible for Police Heart benefits shall receive at a
percentage of the employee's gross salary at the time of injury or medical determination of total
disability, whichever occurs first based on the following schedule:
SWORN SERVICE PERCENTAGE OF GROSS SALARY
10-14 years 65%
15-19 years 70%
20 years and over 75%
Effect of Partial Disability
If an eligible Employee is able to return to light duty, within medical limitation, the City
would be permitted to employ the Employee anywhere within the Police Department in a job
commensurate with the Employee's rank and seniority as a sworn police officer. With the mutual
consent of the Employee and the City, the Employee may be placed in a position anywhere within
the City service, provided that the Employee shall be able to return to light duty status with the
Police Department within the meaning of this Section, at anytime after thirty (30) days written
notice. The Employee shall be paid commensurate with the Employee's classification and the
Employee shall not lose bargaining unit status.
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The Employee or the City, after a minimum of six (6) months intervals thereafter, while the
Employee is in partial disability status, may upon written request, be reevaluated as per the
PROCEDURES section of this Article, to determine:
a) Whether the Employee has significantly improved to the point that the
Employee is medically fit for full duty as a swom police officer.
b) Whether the Employee's condition of impairment continues to prevent him
or her from performing all the duties of a sworn police officer pursuant to the
prevailing job description.
If the Employee is medically fit for full duty pursuant to subsection (a) herein, the Employee
will be returned to full duty commensurate with the employee's rank and seniority as a sworn
police officer. If the employee is medically unfit for full duty, pursuant to subsection (b) herein, the
Employee will remain in a light duty capacity.
Nothing contained herein shall be construed to prevent an Employee, his/her or her
representative, or the City, from proposing or exploring the possibility of a settlement in regard to
that Employee's employment relationship with the City, at anytime while an Employee is in partial
disability status.
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ARTICLE 35. SUBSTANCE ABUSE TESTING, ALCOHOL SCREENING1
Section 1. The City and the Association recognize that employee substance and alcohol
abuse can have an adverse effect on departmental operations, the image of the City employees and
the general health, welfare, and safety of the employees and the general public.
Section 2. The Department shall continue to have the right to require substance abuse
and alcohol screening as a part of any physical examination provided in accordance with the
provisions of Article 35 of the Agreement.
Section 3. The Department shall also have the right and authority to require employees
to submit to substance abuse and alcohol screening designed to detect the presence of any controlled
substance, narcotic drug or alcohol. The Department agrees that requiring employees to submit to
testing of this nature shall be limited to circumstances that indicate a reasonable suspicion to believe
that the employee is under the influence of such substance, suffers from substance or alcohol abuse,
or is in violation of departmental rules and regulations regarding the use of such substance. The
Department agrees that requiring employees to submit to testing of this nature will also include
impartial random testing consistent with the City's administrative policy, and in accordance with all
parameters included within the Florida Drug Free Workplace.
Section 4. It is further understood by the parties that the aforementioned authority to
require employees to submit to such testing shall be approved by the Chief of Police or the person
acing in the capacity of the Chief to insure proper compliance with the terms of this article.
Section 5. The City, guided by the most recent research in toxicology, will select the
appropriate test to be used. If an employee tests positive, a second test must be administered in a
timely manner to verify the results before administrative action is taken. Negative test results shall
be provided verbally to the City and shall not become a part of the employee's personnel file or any
other City file. All tests will be conducted in approved laboratories using recognized technologies.
Where not in conflict with this Article, the parties shall also abide by the City of Opa Locka, Florida
Administrative Regulation #97-1, Drug and Alcohol Free -Workplace Policy and Work Rules. Violations of Florida
Administrative Regulation #97-1 shall be grievable under this Agreement up to and including arbitration.
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Section 6. The results of such tests may result in referral for rehabilitation or counseling
or, where appropriate, disciplinary action, up to and including dismissal. Employee refusal to
submit to substance abuse or alcohol screening in accordance with the provisions of this article may
result in disciplinary action, up to and including dismissal, in accordance with the rules of the
Department.
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ARTICLE 36. COMPENSATION AND LONGEVITY —
Section 1. Effective upon the ratification of this Agreement, the City shall implement a
$10,000 increase to the current starting salary for bargaining unit members, and in doing so,
establish a $48,000 minimum salary for Police Officers and a $53,185 minimum starting salary for
Police Sergeants. This also includes a 5% increase across ten steps of each pay scale. Once this
Agreement is ratified, bargaining unit members will receive the below -stated increases, as reflected
in Attachment "1" of this Agreement:
a. Current bargaining unit members also employed at any time from October 1,
2020, through September 30, 2021, (FY 2021) shall receive a one-time
payment of 3% of their salary during FY2021 prorated for the amount of
time worked during FY 2021, if hired after October 1, 2020.
b. Effective and retroactive to October 1, 2021, all bargaining unit members
shall receive a six point zero nine percent X6.09%) salary increase.
c. Effective October 1, 2022, all bargaining unit members shall receive a
nineteen point zero six percent (19.06%) salary increase.
d. The Parties shall reopen this Agreement on or after April 1, 2023, to
negotiate salary increases for the 2023-2024 fiscal year.
Step 5. A Corporal or Sergeant with five years of service to the City, but two as a Corporal or
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employee.
Section 2. On each employee's anniversary date, they shall progress to the next pay
step u„ from the step th t the slotted m to
Section 3. All employees shall serve a one (1) year working probationary period on
date of hire as a certified police officer.
Section 4. An employee who is promoted shall be placed at the lowest step of the
sergeant's pay scale reflecting receive a minimum of five percent (5%) pay increase, which -would
corporal rank, which is a 5% increase). Any employee who is promoted shall serve a one (1) year
working probationary period from the date of the promotion.
Section 5. A four three percent (443%) shift differential pay shall be paid to all officers
and sergeants for the midnight shift as well as to specialized units.
Section 6. Beginning on a bargaining unit member's 1 1th anniversary, they shall be paid
a longevity bonus in accordance with the chart below:
Rank Years of Service Longevity Bonus
Officer 11&12 $1,000.00
13&14 $1,500.00
15+ $2,000.00
Corporal 11&12 $1,500.00
13&11 $2,000.00
15+ $2,500.00
Sergeant 11&12 $2,000.00
13&14 $2,500.00
15+ $3,000.00
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PBA Proposed Wage Rates
FY 22 * FY 23
Increase % 6.09% 19.06%
Officer
Entrance 38,000 40,314 48,000
1 40,100 42,542 50,653
2 42,105 44,669 53,185
3 44,210 46,902 55,844
4 46,421 49,248 58,637
5 48,742 51,710 61,569
6 51,179 54,296 64,647
7 53,738 57,011 67,880
8 56,425 59,861 71,274
9 59,246 62,854 74,837
10 62,208 65,996 78,579
Sergeant
Entrance 42,105 44,669 53,185
1 44,210 46,902 55,844
2 46,421 49,248 58,637
3 48,742 51,710 61,569
4 51,179 54,296 64,647
5 53,738 57,011 67,880
6 56,425 59,861 71,274
7 59,246 62,854 74,837
8 62,208 65,996 78,579
9 65,319 69,297 82,508
10 68,585 72,762 86,634
* FY 22 Rate reflects 3% increase in FY 21 and
second 3% in FY 22 for a compound growth
rate of 6.09%
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ARTICLE 37. PREVAILING BENEFITS
All job benefits in effect at the time of the execution of this agreement, heretofore
authorized by the City Manager, or benefits provided for by ordinance of the City Commission, not
specifically provided for or abridged by this agreement, shall remain in full force and effect for the
duration of this agreement.
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ARTICLE 38.
THIS ARTICLE INTENTIONALLY LEFT BLANK
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ARTICLE 39. TERM OF AGREEMENT
Section 1.
This Agreement shall become effective , 2022July 23,
204-3, based upon ratification by the Association and approval by the City and shall continue
through September 30, 20254-4.
Section 2. It is agreed and understood that this Agreement constitutes the whole
agreement between the parties and that after a majority vote of those bargaining unit employees
voting on the question of ratification and thereafter upon its ratification by the Opa Locka City
Commission, shall be effective on , 2022July 23, 2013, and shall remain in force
until September 30, 20254-4.
Section 3. This contract will remain in full force and effect until its successor is ratified
and implemented.
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AGREED TO THIS, THE DAY OF , 2022, BETWEEN THE
RESPECTIVE PARTIES THROUGH AUTHORIZED REPRESENTATIVES OF THE
DADE COUNTY POLICE BENEVOLENT ASSOCIATION AND THE CITY OF OPA-
LOCKA, FLORIDA.
FOR THE CITY OF
OPA-LOCKA, FLORIDA:
FOR THE DADE COUNTY
POLICE BENEVOLENT
ASSOCIATION:
VERONICA WILLIAMS STEADMAN STAHL
CITY MAYOR PBA PRESIDENT
DARVIN WILLIAMS ANDREW M. AXELRAD, ESQ.
CITY MANAGER GENERAL COUNSEL
SHIRLYON MCWHORTER, ESQ. MICHAEL BRAVERMAN, ESQ.
CITY SPECIAL LABOR COUNSEL PBA SPECIAL LABOR COUNSEL
JOANNA FLORES LAWRENCE HOLBOROW
CITY CLERK PBA REPRESENTATIVE
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