HomeMy Public PortalAbout11-8227 Final Contract with the PBA Sponsored by: City Attorney
RESOLUTION NO. 11-8227
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE
APPROVAL AND RATIFICATION OF THE FINAL
CONTRACT BETWEEN THE CITY OF OPA-LOCKA AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION,
INC.; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the collective bargaining unit of the City of Opa-locka Police Department,
represented by the Dade County Police Benevolent Association(PBA),has ratified the proposed new
2008-2011 Collective Bargaining Agreement between the City and the PBA; and
WHEREAS, the City Commission of the City of Opa-locka desires to approve and accept
the ratified 2008-2011 Collective Bargaining Agreement; and
WHEREAS, the City Commission of the City of Opa-locka approves the final proposed
contract between the City of Opa-locka and Dade County Police Benevolent Association, Inc.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka,hereby approves the ratified
2008-2011 Collective Bargaining Agreement between the City of Opa-locka and the Dade County
Police Benevolent Association, Inc., in the form attached hereto as Exhibit A.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution No. 11-8227
PASSED AND ADOPTED this 25`h day of May, 201 . �-'
YRAi AYLOR
MAYOR
Attest to: Approved as to form and legal sufficiency:
— ' I i I
I•i?"/441, \41 ' . ...1_ ■A.
Deborah S. Irby J seph 1". Geller
City Clerk ' ity A, orney
Moved by: COMMISSIONER MILLER
Seconded by: COMMISSIONER HOLMES
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: NOT PRESENT
Vice-Mayor Johnson: YES
Mayor Taylor: YES
AGREEMENT BETWEEN
THE CITY OF OPA LOCKA, FLORIDA
AND
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
ON BEHALF OF
POLICE OFFICERS, CORPORALS AND POLICE SERGEANTS
OF OPA LOCKA, FLORIDA
Effective October 1, 2008 2005 through September 30, 2011 2008
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 20
15 Training 22
16 Seniority 24
17 Vehicles and Equipment 26
18 Notice of Change of Status 29
19 Civil Suits 30
20 Bereavement Leave 31
21 Off-Duty Police Employment 32
22 Management Rights 34
23 Funeral Expense Benefit 35
24 Uniforms, Safety and Equipment 36
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25 Sick leave 38
26 Hours and overtime 41
27 Promotions and Specialty Assignments 43
28 Holidays 46
29 Leave of Absence 47
30 Insurance Benefits 48
31 Grievance Procedure and Disciplinary Matters 49
32 Personnel Records 54
33 Vacations 56
34 Physical Examination and Workmen's Compensation Benefits 57
35 Substance Abuse Testing, Alcohol Screening 61
36 Compensation 63
37 Prevailing Benefits 65
38 Reopener 66
39 Term of Agreement 67
Signature Page 68
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AGREEMENT
THIS AGREEMENT is entered into by and between the City of Opa Locka, Florida, as
thereinafter referred to as the "City", and the Dade County"Police Department" or "Department"),
and the Dade County Police Benevolent Association,as thereinafter referred to as the "Association"
or"PBA").
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ARTICLE 1. RECOGNITION
The City voluntarily recognizes the Dade County Police Benevolent Association as the exclusive
representative for all eEmployees 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 eEmployees in the City of Opa Locka Police Department including the
Chief of Police and all other eEmployees of the City of Opa Locka, Florida.
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ARTICLE 2. ASSOCIATION REPRESENTATIVES
Section 1. One (1) member of the Association shall be granted time off without loss of
pay to attend the negotiating sessions, mutually set, to renegotiate this Agreement. The one
member of the Association shall also be granted time off without loss of pay to process grievances
and conduct other PBA business. The association representative 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
representative, 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 any and all other documents
requested by the Association shall be provided pursuant to Chapter 119, Florida Statutes.
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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 once each pay period and shall, thereafter, be transmitted to the Employee Organization
accompanied by a list of those eEmployees 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 eEmpooyee 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 eolice eEmployees' mailboxes during designated times and with
reasonable notice to the Chief of Police.
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ARTICLE 5. EMPLOYEE RIGHTS
The bargaining unit employee shall have all of the following rights provided by FS 447.301,
Florida Statutes, and as may be amended from time to time.
choosing, or to refrain from those activities.
Y. . . . - - - - .. - .. -. -- - •
.
activities.
inconsistent with the terms of this collective bargaining agreement, and if the PBA has been
given reasonable opportunity to be present at any meeting called for the resolution of such
grievances.
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ARTICLE 6. STRIKES
No member of the Association or police eEmployee shall participate in a strike against the
City or in any manner instigate or support a strike against the City.
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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, and other awards as the City may deem
advisablcappropriate.
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 Employer City and the PBA specifically agrees that the City shall not discriminate
against any member of the bargaining unit because of that eEmployee'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 GONAUTITEEMEETING
Section 1. Within ninety (90) days of the effective date of this agreement, the City and the
PBA shall each name three (3) individuals who are employed by the City of Opa Locka as members
of a Labor Management Committee.
Section 2. This Committee shall meet and confer not less frequently than once every three
(3) months. Discussion shall concern problems of a general nature which may arise from time to
occur during a participant's tour of duty there shall be no loss of pay or benefits.
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
eEmployees in a situation where there exists an eEmployer/eEmployee labor dispute in any City
agency other than the police department. At all times, eEmployees 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 eEmployees agree to abide by and be subject to the provisions of FS
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 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 paid for through the Educational Assistance and Incentive Program, shall agree to
remain with the City for two (2) 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 currently set forth in €S Section
112.531, et. seq., Florida Statutes, commonly called the Law Enforcement Officers' Bill of Rights_;
as follows:
Violations of the Law Enforcement Officers' Bill of Rights shall be grievable.
Section 1. Whenever a law enforcement officer is under investigation and subject to
interrogation or investigative interview by members of his agency for any reason which could lead
to disciplinary action, demotion, or dismissal, such interrogation shall be conducted under the
a) The investigative interview shall be conducted at a reasonable hour, preferably at a
b) The investigative interview shall take place either at the office of the command of
the investigating officer or at the office of the local precinct or police unit in which
the incident allegedly occurred, as designated by the investigating Officer of the
c
c) The law enforcement officer under investigation shall be informed of the rank, name
and rank of the officer in charge of the investigation, the name and rank of the
interview. All questions directed to the officer under interrogation shall be asked by
and through one interrogator at any one time.
d) The law enforcement officer under investigation may review the complaint and all
beginning of the investigative interview as provided in F.S. 112.533.
c) Interrogating sessions shall be for reasonable periods and shall be timed to allow for
such personal necessities and rest periods as are reasonably necessary.
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f) The law enforcement officer under interrogation shall not be subjected to offensive
language or be threatened with transfer, dismissal or disciplinary action. No
promise or reward shall be made as an inducement to answer any questions.
shall be recorded, and there shall be no unrecorded questions or statements.
h) If the law enforcement officer under interrogation is under arrest, or is likely to be
placed under arrest as a result of the interrogation, he shall be completely informed
of all his rights prior to the commencement of the interrogation.
i) At the request of any law enforcement officer under investigation, he shall have the
right to be represented by counsel, or any other representative of his choice, who
relates to the officer's continued fitness for law enforcement service.
Section 2. Complaint Review Boards. A complaint review board shall be composed of
three (3) members: One member selected by the chief administrator of the agency; one member
Agencies having more than 100 law enforcement officers shall utilize a five member board with
officer, and a fifth member being selected by the other four members. The board members shall be
Section 3. Civil Suits Brought by Law Enforcement Officers. Every law enforcement
or corporation, or the head of such organization or corporation for damages, either pecuniary or
otherwise, suffered during the performance of the officer's official duties or for abridgement of the
Section 4. Notice of Disciplinary Action. No dismissal, demotion, transfer, reassignment,
or other personnel actien which might result in loss of pay or benefits or which might otherwise be
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considered a punitive measure shall be taken against any 4aw enforcement officer unless such law
date of such action.
- --- - . -
discharged, disciplined, demoted, denied promotion, transferred, r assigned or otherwise
discriminated against in regard to his employment or be threatened with any such treatment by
reason of his exercise of the rights granted by this part.
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ARTICLE 14. INVESTIGATIONS AND PROCEDURES
Section 1. The eEmployer shall not order or request any eEmployee 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 eEmployee 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 have been sustained by the Chief of Police. Upon indictment or the filing of an
Information, the eEmployee may, in the sole discretion of the City, be suspended without pay
pending final action by a Court of competent jurisdiction.
Section 4. An eEmployee 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. Also, if available, a copy
of the initial written or recorded complaint and/or statement shall be provided to the eEmployee.
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 (a) sustained, .. . . .. . .. . . - - - - -, - not sustained,
there is insufficient competent, substantial evi:- - - - - - - -- - - ••- , - -
allegation(s). or exonerated. In the event that insufficient evidence exists to sustain a complaint, the
complaint shall be deemed not sustained.
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,
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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
against the officer cannot be substantiated, the officer shall not have those charges used in any
administrative or disciplinary action.
Section 10. Corrective action up to, but not including written reprimands shall not be
used for progressive disciplinary purposes. Written reprimands may be used for progressive
disciplinary purposes if the disciplinary actions are of a similar offense.
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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 revolver, 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
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range during 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 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.
Section 8. Employees promoted to the next highest rank will receive appropriate
training during the probationary period.
Section 9. 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 10. 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 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.
Section 12. Training days will not be unreasonably withheld.
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ARTICLE 16. SENIORITY
Section 1. Seniority shall consist of full time, continuous accumulative paid service by
classification within the department. Seniority shall be computed from the date of employment as a
sworn law enforcement officer. to the rank attained. 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 in
making shift assignments, including days off, of departmental personnel. Shifts 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
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
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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. Seniority shall be controlling for shift bids, holidays and vacation bids, as
well as off-duty bids.
Bargaining unit members agree not to hold the City liable if the City police department is
eliminated and the City is unable to secure subsequent employment.
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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,
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 have the option of utilizing the departmentally issued
firearm or their own weapons on duty upon qualification and a demonstration of proficiency for
such weapons which include:
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 double action or equipped with an external safety. Moreover, the specific
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model ammunition and holster must be pre-approved by the Department.)
d) .40 or .45 caliber semi-automatic pistol.
Note: Ammunition for weapons "a" &"b" must be .38 caliber plus P.
Section 6. Employees wishing to utilize the .9mm or semi-automatic weapons must
pay for their own training, certification and ammunition. The City will allow employees time for
semi-annual qualification two (2) times per year, and provide ammunition for use while on duty.
The employees and the City agree that the Department's authorization of Weapon "c" will be
subject to a one year evaluation period for each officer from the date of authorization. Such
authorization may be withdrawn at any time for just cause.
Section 7. Take Home Vehicle Program
1) Eligibility.
a) Bargaining unit members must live within a 50-mile (fifty mile) radius of
the main police station. 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).
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.
3) May not transport any non-sworn City personnel or other person in
the vehicle without the approval of the Police Chief of his
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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.
0 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.
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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 eEmployees' 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 eEmployee 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 as not
work a hardship for the Police Department.
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ARTICLE 19. CIVIL SUITS
Section 1. The City, through its insurers, will undertake the defense of a bargaining unit
eEmployee against civil damage suits and will file proper and appropriate countersuits, providing
that such suit arose out of actions by the eEmployee in the line of duty, and, provided that such
defense is requested by the eEmployee 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 eEmployee arising out of the incident or incidents which comprise
the basis for the suit against the eEmployee for which the defense is requested. An eEmployee
requesting the City through its insurers to undertake his/her defense shall hold the City harmless
from any liability to the eEmployee 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 eEmployee as provided above from the time of said reversal or
overturning, if requested by the eEmployee.
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ARTICLE 20. BEREAVEMENT LEAVE
Section 1. Employees shall be granted four (4) days off without loss of pay or benefits
when a death occurs in the immediate family of an employee. Additional time off may be granted
at the discretion of the Police Chief. Upon request from the City, the employee shall provide
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, grandchildren, and other persons who are
actually members of the employee's household.
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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$3220.00 per hour for employees performing as police officers and
$3622.00 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 probationary employees shall be permitted to work off duty during
the last six months of their probation as permitted by the Chief of Police. All employees entering
the service after the effective date of this agreement will only be permitted to work secondary
employment after completing their probationary period.
Section 8. The Department will be permitted to charge off-duty employers reasonable
fees for the use of Departmental resources vehicles at the rate of$11.25 -00 per day, and equipment
. . . . - . . . . . 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 hourly rate paid to the
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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 be assigned pursuant to seniority. 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, corporals and sergeants) before any management
employee received the opportunity to work off-duty.
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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 eEmployees,
taking disciplinary action for proper cause and to relieve any police eEmployee from duty because
of lack of work or for other legitimate reason. Except as otherwise provided in this agreement, the
City shall manage, control and administer the police department. The City may make rules
governing the conduct of the police department eEmployees and said rules shall govern the conduct
of the performance of eEmployees 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 eEmployees. The parties agree to abide by the provisions of this
agreement, rules and regulations of the City, including Departmental rules,propounded by the City
Commission and the Chief of Police 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.
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ARTICLE 23. FUNERAL EXPENSE
The City will defray reasonable expenses of funeral and burial not to exceed the amount of
five seven thousand five hundred dollars ($57,9500.00) of any member eEmployee killed in the line
of duty. This cost may be funded by the purchase of insurance by the City.
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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) Five (5) new uniforms each year, 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 replaced at no cost to the employee. Such replacement item is
to be of equal value to the item broken or damaged. (To include such items as eyeglasses, watches
and weapons. 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 six hundred dollars
($600.00) per year (payable at fifty dollars ($50.00) per month). Uniform employees shall receive a
maintenance allowance of four hundred dollars ($400.00) per year, payable in a lump sum at the
year end or portion of the year worked. Bargaining unit members who are out of work due to
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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 vest. The City will provide for the replacement of
bulletproof vests which become unsafe or dysfunctional as is recommended by the vest
manufacturer.
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ARTICLE 25. SICK LEAVE
Section 1. Employees will earn sick time based on one (1) day per month for each
month of.service.
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.
c) The second six (6) days of sick leave accumulated during any calendar year,
if not used, shall be maintained in a sick leave bank.
Section 5. Sick leave may be accumulated to a maximum of four hundred and eighty
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(480) hours during the total term of the employee's employment. Bargaining unit employees who
have exceeded the four hundred and eighty (480) hour sick leave cap as of September 30, 1991
shall be paid 100% of their regular rate of pay for any sick leave in excess of the 480 hour cap.
Thereafter, on or about December 1st of each calendar year, any bargaining unit employee who
exceeded the maximum accumulated sick leave cap of 480 hours will be paid 100% of his/her
regular rate of pay for any sick leave accrued in excess of this 480 hour cap.
Section 6. Sick Leave Payout:
In the event the employee shall die, retire, or separate under honorable circumstances from
the City, he shall receive compensation for accumulated sick leave at the following 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 or honorable separation from service.
Section 8. An employee shall be allowed two 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:
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.
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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 - no action.
Three instances - formal counseling.
Four instances - written reprimand.
Five instances - suspension of one (1) to three (3) shifts or an
equivalent forfeiture of accrued time.
More than five instances - Discretion of the Chief up to and including dismissal.
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.
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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 work day of 12
(12) hours; which would consist of 84 hours within a per pay period, four (4) of which would be
paid at the overtime rate. The determination of implementing the 4/10 workweek or 12 hour day
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 80 hours per pay period in a 12-hour day,
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 (80) 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. The City agrees to allow the employee to create a compensatory bank at the
rate of time and one-half for up to eighty (80) hours of accumulated time. Accumulated hours in
excess of eighty (80) hours shall be paid at the overtime rate. At the end of each fiscal year, all
unused banked compensatory time shall be paid to the employee, in accordance with the City's
normal payroll procedures.
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
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)
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hour minimum rate for a court appearance, except that any employee who works the midnight shift
and is required to attend court will be paid a four(4)hour minimum for the 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 more than sixteen
(16) consecutive hours. 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, 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.
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ARTICLE 27. PROMOTIONS AND SPECIALTY ASSIGNMENTS
Section 1. The City will announce promotional examinations at least 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 two (2)
years with the City of Opa Locka. Bargaining unit employees who hold no degree from an
accredited institution must have been employed for three (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
combined in order to arrive at the candidate's final score. All candidates must achieve a seventy
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(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: Seventy
(70) percent of the overall score from the written examination, twenty-two (22) percent of the
overall score from the oral interview, and eight(8)percent based on seniority point calculation.
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
the specialty position.
Section 9. The rank of corporal is an appointed rank and not subject to the promotional
requirements of this Article.
Section 10. Acting Ranks. Any individual who is assigned the acting rank of sergeant
must be on a current eligibility list. The person must be the next person listed on the rank order
promotion list. There shall be no deviation. The City further agrees that any acting rank position
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that is established, that remains in existence for longer than ninety (90) days, shall trigger the •
provisions of Article 27, "PROMOTIONS". This subsection shall take effect six (6) months after
the collective bargaining agreement is ratified.
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ARTICLE 28. HOLIDAYS
Section 1. The following and any other day designated by the City Commission are
holidays:
New Years Day
Martin Luther King's Birthday
Washington's Birthday
Memorial Day
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. (Employees shall work five days in a holiday week and receive six days pay,
as per current practice.) Employees shall have the option of receiving payment for holidays at the
end of the pay period during which the holiday occurred; or deferring payment, for all holiday leave
occurring between December 15th and November 30th, to the first pay period in December of each
year. Such options must be elected prior to December 1st of each year and is irrevocable. An
employee who elects deferral of the holiday pay and subsequently leaves the Department shall
receive payment for those holidays accrued since December 15th of that year to the date of
termination.
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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.
47
ARTICLE 30. INSURANCE BENEPTI'S
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.
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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 ten (10) 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 fifteen (15) 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 Chief's response was received. The Chief of
Police shall have fifteen (15) calendar days to respond, in writing, to the
employee.
Step 4 - If a grievance has not been satisfactorily resolved within the Grievance
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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 Chief's response in Step 3 of the Grievance
Procedure. The parties shall jointly request a list of five (5) names from the
American Arbitration Association. 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.
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
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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) No employee shall serve a suspension without pay until an Arbitrator or the
Personnel Board has rendered a decision, whichever procedure is applicable.
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) Employees may appeal suspensions or terminations either through the
Contractual Grievance Procedure (Article 31) or through the Personnel
Board, except for Police Officers in the Academy and Sworn Police Officers
serving the initial probationary period. Those employees may be terminated
as provided by the Civil Service Rules and Regulations, with or without
cause, by the City. All employees must make an irrevocable election to
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pursue only one (1) of the above outlined vehicles.
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
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
52
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. The City agrees to adopt the General Records Schedule for Law
Enforcement Agencies as promulgated by the Florida Department of State on November 1982, and
as may be amended from time to time.
Upon written request and upon submission of the required forms by an affected employee,
the City agrees to take whatever action is necessary, subject to the approval of the State of Florida,
to cause to be purged from the employee's Personnel departmental and/or internal review file(s) the
following:
(a) All documents contained within said file(s) pertaining to a sustained formal
discipline, provided that five (5) years from the date of the disposition of the
discipline have passed, and further provided than an infraction free period of
one (1)year precedes such purge;
(b) All documents contained within said file(s) pertaining to an informal
discipline, provided that three (3) years from the date of the disposition of
the discipline have passed, and further provided that an infraction free period
of one(1)year precedes such purge;
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(c) All documents contained within said file(s) pertaining to any unsustained,
unfounded or exonerated disciplinary actions, provided that one (1) year
from the date of disposition of the disciplinary action has passed; further
provided that there are no litigations pending pertaining to said disciplinary
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:
Tenure with the City Annual Leave Per Year
1 through 5 years 12 working days
6 through 10 years 15 working days
11 through 15 years 18 working days
16 through 20 years 20 working days
21 years and over 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. 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.
Section 4. 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
starting of the vacation. If vacation time is not utilized, it shall automatically be carried over to the
succeeding year.
Section 5. 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
BENE1-11'S
Section 1. The eEmployee 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.
Section 2. The City shall provide Workmen's Compensation coverage for the
eEmployee. 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 eEmployee 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.
Section 4. Any eEmployee 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 eEmployee 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 outlineddetailed
herein to sworn police officers, who suffer a condition of impairment as defined herein.
Scope of"Police Heart":
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1) The guidelines and definitions regarding Pfevisien "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"This Heart Bill 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_ only those who have
impairment prior to the ratification of the Agreement.
Provision 24 14 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 eEmployee 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.
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Effect of Total Disability
1) If an eligible eEmployee is totally disabled, but eligible for normal retirement, the
eEmployee must apply for disability retirement. The employee would receive a disability retirement
percentage based on the City's retirement program.
2) An eEmployee determined to be eligible for Police Heart benefits shall receive as
said Police Heart benefits, 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 eEmployee is able to return to light duty, within medical limitation, the City
would be permitted to employ the eEmployee anywhere within the Police Department in a job
commensurate with the eEmployee's rank and seniority as a sworn police officer. With the mutual
consent of the eEmployee and the City, the eEmployee may be placed in a position anywhere within
the City service, provided that the eEmployee 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 eEmployee shall be paid commensurate with the eEmployee's classification and the
eEmployee shall not lose bargaining unit status.
The eEmployee or the City, after a minimum of six (6) months intervals thereafter, while
the eEmployee is in partial disability status, may upon written request, be reevaluated as per the
PROCEDURES section of this Article, to determine:
a) Whether the eEmployee has significantly improved to the point that the
eEmployee is medically fit for full duty as a sworn police officer.
b) Whether the eEmployee's condition of impairment continues to prevent him
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or her from performing all the duties of a sworn police officer pursuant to
the prevailing job description.
If the eEmployee is medically fit for full duty pursuant to subsection (a) herein, the
eEmployee
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
eEmployee will remain in a light duty capacity.
Nothing contained herein shall be construed to prevent an eEmployee, his/her or her
representative, or the City, from proposing or exploring the possibility of a settlement in regard to
that eEmployee's employment relationship with the City, at anytime while an eEmployee is in
partial disability status.
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ARTICLE 35. SUBSTANCE ABUSE TESTING, ALCOHOL SCREENING)
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 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. COMPENSATION2
Section 1. During the course of negotiations for this collective bargaining agreement,
and understanding the urgency of implementing an increase to the salaries of all collective
bargaining members during the pendency of protracted negotiations, all bargaining unit members
received a three percent (3%) across the board increase retroactive to January 1, 2010.Bargaining
unit employees will be separated and placed into one of t - " '- " . -- - •• - - -
with the City, as listed below. Each officer shall be entitled to the dollar wage increase listed,
added to his current yearly salary.
(a) Bargaining unit members hired after August 1, 1999 are Tier 1 Employees4.
(b) Bargaining unit members between December 1, 1997 and July 31, 1999 are Tier 2
Employees
(c) Bargaining unit members hired before December 1, 1997 are Tier 3 Employees.
Section 2. Effective October 1, 2010, all bargaining members earning less than$45,000
annually shall be granted a two thousand five hundred dollar ($2,500.00)4 increase to their base
salary. A specific list of those officers receiving the salary increase is attached as Exhibit "A".
2005, the following yearly wage increases shall be implemented:
Tier 1 $1,100.00
Tier 2 $3,500.00
Tier 3 $3,600.00
Section 3. Effective October 1, 2006, the following ycrly wage incr ases shall be
dented:
2 The parties acknowledge that this CBA abandons the previously implemented pay-step plan and creates three tiers,
ch of which receive a set dollar amount incr use to salary for each year of the CBA. The parties further
acknowledge that this change was contemplated in order to adequately compensate the bargaining unit members
during the term of this contractual period,and agree that the parties' intent is to implement a new pay step plan for
the next contractual term.
subsequent hire date appears to place him in Tier one,his total tenure with the City places him in Tier 2.
4 Officers currently earning the minimum salary of$33,488.00 will have their salary increase by$2,512.00 to a new
minimum salary of$36,000.00.
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Tier 1 $2,500.00
Tier 2 $2,500.00
Tier 3 $3,800.00
Section 4. Effective October 1, 2007, the following yearly wage incr uses shall be
implemented:
Tier 1 $2,500.00
Tier 2 $2,500.00
Tier 3 $4,000.00
Section 5. All employees shall serve a one (1) year working probationary period on
date of hire as a certified police officer.
Section 6. An employee who is promoted shall receive a five percent (5%) pay increase
or the starting salary in the new classification, whichever is greater. Any employee who is
promoted shall serve a one (1)year working probationary period from the date of the promotion.
Section 7. The training step shall be paid only to those employees who are attending
the academy for basic courses.
Section 8. A three percent (3%) shift differential pay shall be paid to all officers and
sergeants for the midnight shift as well as to specialized units.
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ARTICLE 37. PREVAILING BENEF'I'TS
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.
The Labor Management committee will meet at the request of either party to negotiate any
proposed changes in those rights and benefits, not specifically covered by this agreement, provided
however, no changes shall be made except by mutual consent.
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ARTICLE 38. REOPENER
Section 1. If there comes such a time during the term of this contract that the City of
• - -
• - • - -- . . -• -
Vehicles and Equipment.
Section 2. The parties shall be entitled to reopen this Agreement for further negotiation
regarding the disciplinary action schedule regarding the usage of sick leave in Article 25 Section 11
should either party deem it necessary during the term of this Agreement. Either party need only
notify the other in writing in order to initiate the reopener.
THIS ARTICLE INTENTIONALLY LEFT BLANK
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ARTICLE 39. TERM OF AGREEMENT
Section 1. This Agreement shall become effective October 1, 2005 2008, based upon
ratification by the Association and approval by the City and shall continue through September 30,
2008 2011.
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 October 1, 2005 2008, and shall remain in force until September
30,2008 2011.
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 20112006, 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 FOR THE DADE COUNTY
OPA LOCKA,FLORIDA: POLICE BENEVOLENT
ASSOCIATION:
CLARANCE PATTERSON JOHN RIVERA
CITY MANAGER PRESIDENT
JOSEPH GELLER ANDREW M.AXELRAD,ESQUIRE
CITY ATTORNEY GENERAL COUNSEL
MICHAEL BRAVERMAN,ESQUIRE
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EXHIBIT"A"
Officers receiving a$2,500.00 increase to their base salary effective October 1, 2010:
Yenell Albelo
Robert Bell
Mohan Britton
Edgar Castelli
Daron Chiverton
Roberto Demoya
Frantz Donat
Antoine Dumornay
Jeffrey Faulkner
Carlos Ferrufino
Victor Fonseca
Wui Hudson Francois
Nikeya Hill
Lawrence Holborow
Dennis Horn
Hassan Hosein
Stanley Jean-Francois
Colin Josephs
Daniel Kelly
Cory Krotenberg
Orlando Muniz-Bueno
Kerby Nord
Jessy Ortiz
Carrie Palmer
Henry Payoute
Sergio Perez
Luis Serrano
Cory Smith
Ludwin Vielman
Edward Vega
5804017 v]
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