HomeMy Public PortalAbout2021-15 Ratification of the 2020-2023 Collective Bargaining Agreement with the KB Police Officers Associations Local 6023 - Police Officers and SergeantsRESOLUTION NO. 2021-15
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA ("VILLAGE"),
PROVIDING FOR RATIFICATION OF THE 2020-2023
COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE VILLAGE AND THE KEY BISCAYNE POLICE
OFFICER'S ASSOCIATION, LOCAL 6023, FOR THE
BARGAINING UNIT CONSISTING OF THE VILLAGE'S
POLICE OFFICERS AND SERGEANTS; AUTHORIZING
THE VILLAGE MANAGER TO SIGN THE COLLECTIVE
BARGAINING AGREEMENT ON BEHALF OF THE
VILLAGE AND TAKE ALL ACTIONS NECESSARY TO
IMPLEMENT THE AGREEMENT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne ("Village") desires to ratify the 2020-2023
Collective Bargaining Agreement ("Agreement") between the Village and the Key Biscayne Police
Officer's Association, Local 6023, for the bargaining unit consisting of the Village's Police Officers
and Sergeants (a copy of the tentative Agreement is attached hereto as Exhibit "A"); and
WHEREAS, the Village Council finds that ratification of the Agreement is in the best interest
of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS;
Section 1. Recitals. Each of the above -stated recitals are hereby adopted, confirmed,
and incorporated herein.
Section 2. Authorization. The Village Manager is hereby authorized to execute the
Agreement, in the substantial form attached hereto as Exhibit "A," and to take all actions necessary
to implement the Agreement and the purpose of this Resolution.
Section 3. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED and ADOPTED this 9`1' day of March, 2021.
7
(/MICHAEL W. DAVEY, MAYOR
ATTEST:
. 11<c C)Th
rTh
JOC ? LYNBkWSTER KOCH
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
2
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
VILLAGE OF KEY BISCAYNE, FLORIDA
AND
KEY BISCAYNE POLICE OFFICER'S ASSOCIATION, LOCAL 6023,
INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO (POLICE
OFFICERS & SERGEANTS)
OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2023
FABLE OF CONTENTS,
,a►RTICLF LIGE
ARTICLE 1
RECOGNITION CLAUSE 1
ARTICLE 2
MANAGEMENT RIGHTS 2
ARTICLE 3
NO STRIKES AND LOCKOUTS 4
ARTICLE 4
UNION ACTIVITIES 5
ARTICLE 5
NON—DISCRIMINATION CLAUSE 8
ARTICLE 6
DUES DEDUCTION 9
ARTICLE 7
BULLETIN BOARDS 10
ARTICLE 8
PROMOTIONS AND INITIAL PROBATIONARY PERIOD 11
ARTICLE 9
DISCIPLINARY PROCEDURES 13
ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURE 14
ARTICLE 11
SENIORITY 18
ARTICLE 12
LAYOFF AND RECALL .......... 19
ARTICLE 13
WORK WEEK AND WORK SHIFT 21
ARTICLE 14
LEAVES OF ABSENCE 24
ARTICLE 15
JOB CONNECTED DISABILITY 25
TATTLE OF CONTENTS
ARTTCT,F, PAGE
ARTICLE 16
SAFETY & HEALTH 26
ARTICLE 17
PHYSICAL AND SUBSTANCE ABUSE EXAMINATIONS 28
ARTICLE 18
LEGAL REPRESENTATION 32
ARTICLE 19
OFF -DUTY POLICE WORK 33
ARTICLE 20
SEVERABILITY AND ZIPPER CLAUSE 34
ARTICLE 21
MISCELLANEOUS PROVISIONS 35
ARTICLE 22
HEALTH AND LIFE INSURANCE COVERAGE 37
ARTICLE 23
WORKING OUT OF CLASSIFICATION 38
ARTICLE 24
MAINTENANCE OF STANDARDS 39
ARTICLE 25
HOLIDAYS 40
ARTICLE 26
SHIFT PAY DIFFERENTIAL 41
ARTICLE 27
FIELD TRAINING OFFICERS 42
ARTICLE 28
WAGES AND LONGEVITY 43
ARTICLE 29
SICK LEAVE 45
TABLE OF CONTENTS
ARTICLF FAGS
ARTICLE 30
PROFESSIONAL ENHANCEMENT 46
ARTICLE 31
VACATION LEAVE 48
ARTICLE 32
UNIFORM ISSUANCE/MAINTENANCE ALLOWANCE 49
ARTICLE 33
LINE OF DUTY DEATH 52
ARTICLE 34
PENSION 53
ARTICLE 35
DURATION OF AGREEMENT 55
APPENDIX A
GRADED SERVICE SALARY PLANS 56
ARTICLE 1
RECOGNITION CI.AUSFF
1.1 The Village of Key Biscayne ("Village") hereby recognizes the Key Biscayne
Police Officer's Association, Local 6023, International Union of Police
Associations, AFL-CIO ("Union") as the sole and exclusive bargaining agent as to
the wages, hours and other terms and conditions of employment for the following
bargaining unit as certified by the State of Florida, Public Employees Relations
Commission ("PERC"), Certification No. 1707.
• Included: Sworn police officers and sergeants employed by the Village of Key
Biscayne.
• Excluded: Police chief, deputy chief, major, lieutenants and all other
employees employed by the Village of Key Biscayne.
1.2 Any changes in the bargaining unit shall only be made upon proper application to
PERC and/or an appropriate court of competent jurisdiction.
1
ARTICLE 2
MANAGEMENT RIGHTS
2.1 The Union recognizes the right of the Village to operate, manage and direct all
affairs of all departments within the Village, except as otherwise expressly provided
elsewhere in this Agreement, including but not limited to the right:
a. To exercise complete and unhampered control to manage, direct, and
totally supervise all employees of the Village;
b. To hire, promote, transfer, schedule, train, assign and retain employees
in positions with the Village and to establish procedures therefore;
c. To suspend, demote, discharge, lay off, or take other disciplinary action
for proper cause against employees in accordance with this Agreement,
the Village's personnel policies, regulations, procedures and
departmental policies;
d. To maintain the efficiency of the operations of the Police Department;
e. To determine the structure and organization of Village government,
including the right to supervise, subcontract, expand, consolidate or
merge any department, and to alter, combine, eliminate, or reduce any
division thereof;
f. To determine the number of all employees who shall be employed by
the Village, the job description, activities, assignments and the number
of hours and shifts to be worked per week, including starting and
quitting time of all employees;
g. To determine the number, types, and grades of positions or employees
assigned to an organizational unit, department or project and the right
to alter, combine, reduce, expand or cease any position;
h. To set its own standards for services to be offered to the public;
i. To determine the location, methods, means and personnel by which
operations are to be conducted;
j. To determine what uniforms the employees are required to wear while
on duty;
2
k. To set procedures and standards to evaluate Village employees' job
performance;
1. To establish, change, or modify duties, tasks, responsibilities, or
requirements within job descriptions;
m. To determine internal security practices;
n. To introduce new or improved services, maintenance procedures,
materials, facilities and equipment, and to have complete authority to
exercise those rights and powers incidental thereto, including the right to
make unilateral changes when necessary;
o. To control the use of equipment and property of the Village; and
p. To formulate and implement department policy, procedures rules and
regulations.
2.2 It is understood by the parties that every incidental duty connected with operations
enumerated in job descriptions is not always specifically described and employees,
at the discretion of the Village, may be required to perform duties not within their
job description, but within the realm of related duties.
2.3 Any right, privilege or function of the Village not specifically released or modified
by the Village in this Agreement, shall remain with the Village.
2.4 Nothing in this Article shall be interpreted as a waiver of the right to bargain about
changes in mandatory subjects of bargaining or the impact of changes in non-
mandatory subjects of bargaining.
3
ARTICLE_
NO STRIKES AND LOCKOUTS
3.1 The Union agrees that they will not engage in a "Strike" against the Village as
defined in Section 447.203(6), Florida Statutes. "Strike" means the concerted
failure of employees to report for duty; the concerted absence of employees from
their positions; the concerted stoppage of work by employees; the concerted
submission of resignations by employees; the concerted abstinence in whole or in
part by any group of employees from the full and faithful performance of the duties
of employment with the Village for the purpose of inducing, influencing,
condoning, or coercing a change in the terms and conditions of employment or the
rights, privileges, or obligations of public employment, or participating in a
deliberate and concerted course of conduct which adversely affects the services of
the Village; the concerted failure of employees to report for work after the
expiration of a collective bargaining agreement; and picketing in furtherance of a
work stoppage. The term "Strike" shall also mean any overt preparation, including,
but not limited to, the establishment of strike funds with regard to the above -listed
activities.
3.2 No employee or union may participate in a strike against the Village by instigating
or supporting, in any manner, a Strike. Any violations of this Article shall subject
the violator to the penalties provided in Chapter 447, Florida Statutes. The Village
agrees that it will not "lockout" the employees from the workplace. Any violations
of this Article will allow either party to seek injunctive relief from the appropriate
court.
4
ARTICLE_4
UNION ACTIVITIES
4.1 The Union shall submit in writing the names of its Officers or Stewards who are
authorized to speak on behalf of the Union and/or represent Bargaining Unit
employees. The Village agrees to recognize the Union President. The President
shall be authorized to represent Bargaining Unit employees through the first step of
the grievance procedure. The President shall be authorized to represent Bargaining
Unit employees in subsequent steps of the grievance procedure. However, at the
Union' s discretion, its attorney and/or Union business agent may be used at
subsequent steps of the grievance procedure. The Village shall notify the Union of
any grievance hearings and acknowledges the Union's right to attend grievance
hearings filed by individual bargaining unit members.
4.2 No one shall be permitted to function as a Union Representative until the Union has
presented the Village with written certification of that person's selection.
4.3 Bargaining Unit employees may elect a local Union President, Vice President and
Secretary -Treasurer to act as their representatives during the life of this Agreement.
The Union shall provide the Village with the name(s) of said local officers.
4.4 Upon notification to the Village, the President and Vice President will be released
from duty with pay, for a maximum of two (2) hours per pay period or for such
additional period of time as the Village specifically approves, to investigate,
process and attend grievance hearings or other employer -employee proceedings;
however, such release from duty shall not interfere with the Union representative' s
assigned Village duties.
4.5 Union representatives and employees shall be allowed to communicate official
Union business, in non -work spaces during an employee's non -work hours, to
members to the extent that the employees' Village responsibilities are not disrupted
or interfered with.
4.6 Access to Village property and use of Village paid time, facilities, equipment and
other resources by the Union shall be authorized only to the extent provided in
this Agreement and shall not interfere with the efficiency, safety and/or security
of the Village's operations.
4.7 The Village shall e-mail a copy of this Agreement to each Bargaining Unit
5
employee within fifteen (15) days after the execution of this Agreement at no cost
to the Bargaining Unit employees.
4.8 Up to three (3) members of the Union's negotiating team may participate in
collective bargaining negotiations during their regularly scheduled hours of duty
without loss of pay, provided that such employees are otherwise ready, willing and
able to perform and fulfill their respective job duties. If any of the Union's
negotiating team participates in collective bargaining negotiations while off -duty,
they will do so without compensation.
4.9 Union Time Pool Bank:
4.9.1 The Union is hereby authorized to establish a time pool bank ("Union
Bank") utilizing voluntary time contributions (i.e. accrued vacation leave)
from its members subject to the provisions of this Article.
4.9.2 An employee requesting to donate his/her accrued vacation leave hours
must complete an application and submit it to the Chief of Police or his/her
designee. All donations to the Union Bank will be in one (1) hour
increments.
4.9.3 All accrued time donations to the Union Bank shall be converted to a dollar
value based upon the donating employee's regular hourly base rate of pay
in effect on the day that he or she files the donation application with the
Chief of Police or his/her designee. The receiving employee shall be paid at
his or her regular hourly base rate of pay for all Union Bank time used.
4.9.4 An employee wishing to use time from the Union Bank to conduct union
business must submit such request, signed by the Union President, to the
Chief of Police or his/her designee three (3) days or as soon as practicable
prior to the day that the employee is requesting to use time from the Union
Bank. As long as the Village incurs no overtime obligations, such request
shall not be unreasonably denied; however, if because of the needs of the
Department, an employee cannot be released at the time desired, the Union may
request an alternate bargaining unit member be released from duty during the
desired time.
4.10 Union representatives may attend Village Council and Retirement Board meetings
and other meetings related to their representation of Bargaining Unit employees
6
during their regularly scheduled hours of duty without loss of pay, provided that
their attendance at such meetings does not interfere with the efficiency, safety
and/or security of the Village's operations. If Union representatives appear at such
meetings while off -duty, they will do so without compensation.
7
ARTICLE
LION -DISCRIMINATION CI,AUSF,
5.1 It is the policy of the Village that all employees have the right to work in an
environment free of discrimination and any form of harassment based on race, sex,
color, religion, ancestry, pregnancy, national origin, age, disability, marital status,
familial status, sexual orientation, union activity, union affiliation, or union
membership.
5.2 All references in this Agreement to employees are gender neutral.
5.3 An employee aggrieved by a violation of this Article may not use the grievance and
arbitration provisions of this Agreement.
8
ARTICLE 6
DUES DEDUCTION
6.1 Effective immediately upon receipt of a written authorization form from an
employee, the Village agrees, at no cost to the employee or the Union, to deduct
regular union dues of such employee from his paycheck biweekly and remit such
deductions to the duly elected Treasurer of the Union within ten (10) working days
from the date of the deduction. The Union will notify the Village in writing prior
to any change in the regular union dues structure.
6.2 An employee may, at any time, on forms provided by the Union, revoke his union
dues deduction and shall submit such revocation form to the Village with a copy of
such revocation form to the Union. Union dues deductions will only be stopped by
the Village on the first pay period in each calendar month.
9
ARTICLE 7
j3ULLETIN BOkJ WS
7.1 The Union will be allocated a reasonable portion (approximately 1/3) of the
designated bulletin board for posting Union material.
7.2 Such bulletin board space is to be used exclusively by the Union for the purpose of
posting Union business and information such as: recreational and social activities
and material related to employee relations matters.
7.3 The Union shall not post any materials which are obscene, defamatory or impair
the operations of the Police Department.
7.4 The Union may distribute Union literature and Union materials through the
employees' informational boxes by off -duty personnel.
10
ARTICLE 8
PROMOTIONS AND INITIAL PROBATIONARY PERIOD
8.1 Promotions
A. The Village agrees that when it administers any promotional examination for
the position of Sergeant, it will utilize a written examination and oral board in
accordance with the provisions herein.
B. In order to be eligible to take the promotional examination for the position of
Sergeant, the non -probationary employee must have a minimum of three (3)
years of service with the Village as a police officer or two (2) years of post -
probationary service with the Village as a police officer as of the date of the
written examination.
C. The Village will provide at least ninety (90) days notice in advance of a
sergeant's promotional examination advising interested employees of the
following:
1. The date and location of the examination;
2. The percentage of weight to be afforded to the written' examination and oral
board portions of the promotional process; and
3. The list of study materials from which the written examination is derived.
D. The oral board portion of the promotional process shall be conducted by a
panel of three (3) high ranking law enforcement personnel from surrounding
Miami -Dade County law enforcement agencies.
E. After the promotional process is completed, the Village will maintain a
sergeant's promotional list in which the eligible candidates are ranked by total
score. Any such list will be valid for two (2) years, unless the list falls below
two (2) names, in which case the list will expire at that time.
F. The Police Chief shall make all promotions to the rank of Sergeant from a list
established consistent with this Agreement. In deciding which eligible
employee(s) from the list to promote, the Police Chief shall select in his/her full
and exclusive discretion, from any of the top five (5) names on the list.
However, the Police Chief may not select any candidate from the list who
ranked below five (5) on the initial list until all of the top five (5) candidates
from the initial list have been promoted.
11
8.2 Initial Probationary Period
A. Probation, for the purpose of performance evaluations and wages, shall be
eighteen (18) months in duration from the date of hire. A probationary
employee may be discharged for any reason during his probationary period. At
the discretion of the Police Chief, an employee's initial probationary period
may be reduced to twelve (12) months.
B. The probationary period for a newly promoted sergeant shall be eighteen (18)
months from the date of the promotion. At the discretion of the Police Chief, a
newly promoted sergeant's probationary period may be reduced to twelve (12)
months. If a newly promoted sergeant fails to complete his/her promotional
probation, he/she will be placed back into a police officer's position. A newly
promoted sergeant that fails to complete his/her promotional probationary
period may not use the grievance procedure set forth in Article 10 of this
Agreement to challenge his/her failure to complete probation.
C. Accumulation of sick time will be accrued from the first day of employment
and a non -promotional probationary employee may use these days with the
submission of a valid doctor's certification.
D. Vacation days will be accrued from the first day of employment; however, a
non -promotional probationary employee may not use any accrued vacation
leave until he has completed a minimum of one (1) year of service. In the event
of an extraordinary circumstance, the Police Chief may, at his discretion, allow
up to forty eight (48) hours vacation leave.
12
ARTICLE 9
DISCIPLINARY eROCEDUTRFS,
9.1 Employees will only be disciplined or discharged for proper cause in a progressive
manner, except in cases of gross misconduct which may result in immediate
discharge. In each case a written statement indicating the preferred charges and the
reasons for such action shall be presented to the employee being disciplined.
9.2 Disciplinary actions taken will be fair and consistent with other such actions t ken
by the Police Department under similar circumstances, utilizing the Rules and
Regulations of the Police Department and any and all other rules and procedures of
the Village and Police Department.
9.3 Disciplinary actions not involving the loss of compensation for the employee and
suspensions of 12 hours or less are only grievable through Step 4 of the grievance
procedure in Article 10 and are not subject to binding arbitration. Disciplinary
terminations, demotions and suspensions of more than 12 hours are subject to
binding arbitration if the grievance concerning said discipline is not resolved at Step
4 of the grievance procedure in Article 10.
9.4 The Village will fully abide by Section 112.532, Florida Statutes known as the Law
Enforcement Bill of Rights during any internal investigation of any employee.
9.5 All disciplinary records shall be purged in accordance with State and Federal
records laws.
9.6 All complaints, reprimands, or other records of disciplinary action against each
employee shall be signed by the employee as evidence of the entry of that record
into the employee's personnel file. The employee shall be given the opportunity to
respond to the entry and such response shall be made part of the file. Personnel
records will be maintained in compliance with the State of Florida laws.
13
ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURE
10.1 In a mutual effort to provide harmonious working relations between the parties to this
Agreement, it is agreed to and understood by both parties that there shall be a
procedure for the resolution of grievances between the parties arising from any alleged
violation of the specific terms of this Agreement. Grievances relating to alleged
violations of the specific terms of this Agreement shall be processed in the following
manner.
10.2 Verbal Grievance
STEP 1
Whenever an employee has a grievance, he should first present it verbally to his
immediate supervisor within ten calendar (10) days of the event giving rise to the
grievance. It is the responsibility of the supervisor to attempt to arrange a mutually
satisfactory settlement of the grievance within ten (10) calendar days from the time
when the grievance was first presented to him, or failing in that, must within that
time advise the employee of his inability to do so. Such contact between the
employee and supervisor shall be on an informal basis.
10.3 Formal Grievance Procedure
STEP 2
If the aggrieved employee is not satisfied with the Step 1 answer, the Union may,
within ten (10) calendar days following the day on which he received the Step 1
answer, reduce the grievance to writing and submit it to the Lieutenant in charge of
that shift. The grievance shall be signed by the employee and shall specify all of the
following. (a) The date of the alleged grievance; (b) the specific Article or Articles
and Section or Sections of this Agreement allegedly violated; (c) the facts pertaining
to or giving rise to the alleged grievance; and (d) the relief requested. The Lieutenant
may informally meet with the employee to address the grievance. A Union
representative shall be present at the meeting upon the employee's request. The
Lieutenant shall reach a decision and communicate in writing to the employee and the
Union representative within ten (10) calendar days from receipt of the grievance.
14
STEP 3
If the grievance is not resolved at Step 2, or if no written disposition is made within
the Step 2 time limits, the Union shall have the right to appeal the Step 2 decision to
the Chief of Police or his designee within ten (10) calendar days from the due date of
the Step 2 response. Such an appeal must be accompanied by a copy of the original
written grievance. The Chief of Police or his/her designee may conduct a meeting
with the grievant and his Union representative. The Chief of Police or his/her designee
shall, within ten (10) calendar days after the presentation of the grievance (or such
longer period of time as is mutually agreed upon in writing), render his decision on
the grievance in writing to the aggrieved employee and the Union representative.
STEP 4
If the grievance is not resolved at Step 3, or if no written disposition is made within
the Step 3 time limits, the Union shall have the right to appeal the Step 3 decision to
the Village Manager or his/her designee within ten (10) calendar days from the date
of the issuance of the Step 3 decision. Such appeal must be accompanied by the filing
of a copy of the original written grievance, together with a signed request form
requesting that the Step 3 decision be reversed or modified. The Village Manager or
his/her designee shall conduct a meeting with the employee and his/her Union
representative, if needed. The Village Manager or his/her designee shall, within ten
(10) calendar days (or such longer period of time as is mutually agreed upon in
writing), render his/her decision in writing to the employee and the Union
representative.
10.4 If a grievance concerning a disciplinary termination, demotion or suspension of more
than 12 hours or a grievance concerning an issue of contract interpretation is not
resolved at Step 4, or if no written disposition has been rendered within the applicable
time limits, the Union shall have the right to appeal to binding arbitration within ten
(10) calendar days from the date the Step 4 disposition is given, or the due date of
that decision, if no written decision is made. Grievances concerning discipline
not involving a loss of compensation or concerning a disciplinary suspension of 12
hours or less may not be appealed to binding arbitration.
10.5 A grievance not advanced to the higher step within the time limits provided shall be
15
deemed permanently withdrawn. Failure on the part of the Village to answer within
the time limits set forth in any Step will entitle the Union to proceed to the next step.
The time periods contained herein may be mutually waived or extended due to
unforeseen circumstances.
10.6 Where a grievance is general in nature in that it applies to a number of employees
having the same issue to be decided, it shall be presented directly to the Chief of
Police or his designee at Step 3 of the grievance procedure, within the time limit
provided for the submission of the grievance in Step 1 and signed by the aggrieved
employees or the Union representative on their behalf.
10.7 The arbitrator may be any impartial person mutually agreed upon by the parties. In
the event the parties are unable to agree upon said impartial arbitrator within ten (10)
calendar days after the Village or Union request arbitration, the parties shall jointly
request a list of seven (7) names from the Federal Mediation and Conciliation Service.
Within ten (10) calendar days of receipt of the list, the parties shall alternately strike
names, with the Village striking first. The remaining name shall act as the arbitrator.
10.8 The Village and the Union shall mutually agree, in writing, as to the statement of
the grievance to be arbitrated prior to the arbitration hearing and the arbitrator shall
confine his decision to the particular grievance specified. In the event the parties
fail to agree on the statement of the grievance to be submitted to the arbitrator, the
arbitrator shall confine his consideration and determination to the written statement
of the grievance and the response of the other party. Copies of any documentation
provided to the arbitrator by either party shall be simultaneously provided to the
other party.
10.9 The arbitrator shall have no authority to change, amend, add to, subtract from, or
otherwise alter or supplement this Agreement or any part thereof or amendment
thereto. The arbitrator shall have no authority to consider or rule upon any matter
which is stated in this Agreement not to be subject to arbitration. The arbitrator
may not issue declaratory or advisory opinions.
10.10 Copies of the arbitrator's decision should be furnished to both parties within thirty
calendar (30) days of the closing of the arbitration hearing. The arbitrator's decision
will be final and binding on all parties.
16
10.11 Each party shall bear the expense of its own witnesses and of its own representatives
for the purposes of the arbitration hearing. The parties agree to equally share the
Arbitrator's fee and any related expenses including any cost involved in requesting
a panel of arbitrators. The hearing room shall be supplied and designated by the
Village. Any person desiring a transcript of the hearing shall bear the cost of such
transcript, unless both parties mutually agree to share such cost.
10.12 Unless otherwise agreed to by both parties, grievances under this Agreement shall
be processed separately and individually. Accordingly, only one (1) grievance shall
be submitted to an arbitrator for decision in any given case. Settlement of grievances
prior to the issuance of an arbitration award shall not constitute a precedent or an
admission that the Agreement has been violated.
17
ARTICLE 11
SENIORITY
11.1 Seniority for the purposes of this Article is defined as the uninterrupted length of
service of an employee with the Village starting on the employee's date of
employment or transfer into the Police Department as a certified law enforcement
officer. The Village agrees to continue recognizing dual employment (i.e., prior
Village employment in a different capacity than that in any bargaining unit
position) within the Village for the purpose of Longevity Pay.
11.2 Seniority shall continue to accrue during all types of leaves except leaves of absence
without pay exceeding thirty (30) consecutive days. With respects to leaves of
absence in excess of thirty (30) consecutive days, accrual of seniority will
recommence upon return to duty. Seniority shall be broken when an employee
voluntarily terminates or is discharged for cause. Any exceptions to this Section
shall be at the sole discretion of the Chief of Police.
11.3 For purposes of all promotional examinations, one half (.5) of a point shall be
applied to the final examination score for each year of service with the Village as a
certified law enforcement officer, up to a maximum of five (5) points.
11.4 Bid Process — the filling of openings in road patrol within the Police Department
shall be accomplished using qualifications and seniority. Police Officers and
Sergeants shall have the right to bid for open positions based on time in grade.
18
ARTICLE 12
J.A%OFI AND RECALI,
12.1 Lay Off
In the event of a layoff for any reason, employees shall be laid off in reverse order
of seniority. An employee who is to be laid off who had advanced to his present
classification in the same department in which he held a permanent appointment,
shall be given the opportunity to displace a less senior employee in the lower
classification in the same department. An employee may not "down bump" another
employee unless he had performed the lower level classification job on a regular
basis as evidenced by his personnel records. When possible, Employees shall
receive fifteen (15) calendar days notice prior to a layoff.
12.2 Recall
A. Employees in layoff status will retain recall rights for twelve (12) months and
shall have preference over applicants on eligibility lists. Recall shall be made
by certified mail to the last address in the employee's records, along with any
address on file with the Union. The employee must within seven (7) calendar
days from the certified receipt date, signify his intention of returning to work to
the office of the Chief of Police.
B. An employee, when offered recall, who is temporarily unable to accept due to
medical reasons after notifying the Police Department of his intentions of
returning, shall be granted an additional thirty (30) day period from the date of
notice of intention to return to duty, in which to return to duty without loss of
seniority rights accrued to date of layoff.
C. When employees are recalled from layoff, the employees with the greatest
departmental seniority shall be recalled in order of seniority, provided that the
employee is physically capable of performing his regular duties. The Village,
at its discretion, may require a recalled employee to submit to a physical
examination at the Village's expense.
D. Employees, who return to a job classification covered by this Agreement from
a layoff status, shall receive a rate of pay based upon the current schedule in
effect at the time of recall.
19
E. No new employees shall be hired in any classification until all employees on
layoff status in that classification have been notified of return to work.
12.3 Employees shall lose their seniority as a result of the following.
A. Termination/Resignation;
B. Retirement;
C. Absence without authorized leave; and/or
D. Being found medically unfit for duty on a permanent basis upon one (1) year of
continuous absence.
20
ARTICLE 13
WORK WEEK AND WORK SHIFT
13.1 The standard payroll workweek shall begin at 0001 hours Saturday and end at 2400
hours Friday. This period shall be referred to as the standard workweek. Work
cycles within the fourteen (14) day work period shall be in accordance with the
current practice, including appropriate intervening consecutive days off.
13.2 Each employee shall be entitled to either a one (1) hour paid break period or two
(2) thirty (30) minute breaks during a regular twelve (12) hour work shift. Due to
the nature of the job, in the event an employee is unable to utilize these designated
break times there is no obligation on the part of the Village to either restore to or
compensate the officer for said lost break time.
13.3 For the purpose of this Agreement, a shift means the time during which an
employee is on scheduled duty. A shift shall be no less than eight (8) hours.
13.4 No employee shall be required to work a split shift. Whenever a shift rotation
occurs, or an employee rotates to a new shift, the employee will be entitled to at
least the number of hours equal to one scheduled shift of off -duty time prior to
returning to work.
13.5 In those instances where adjustments to squad assignments are required, the
employee will be given at least four (4) days advance notice. When squad
reassignments are necessary due to exigent circumstances, (See: Article 21) or
unforeseen manpower shortages, the employee will be given as much notice as
possible.
13.6 Overtime: Employees shall be paid at one and one-half (1 1/2) times their regularrate
of pay for all hours worked in excess of their regularly assigned hours.
13.7 Call-back Pay: When an employee is required to report back to work at a time not
contiguous to his or her regularly scheduled shift, he or she shall be guaranteed a
minimum of four (4) hours pay at his or her overtime rate. "Contiguous to shift"
shall be defined as a period of time not anticipated to exceed one (1) hour at the
beginning or end of an employee's shift.
13.8 Court Appearances: Employees who are required to make Court appearances at a
time non contiguous to the beginning or end of their shift shall be paid a
21
minimum of three (3) hours at time and one half (1-1/2) their regular hourly rate
for such required Court appearances. In the event the employee is held beyond the
guaranteed minimum three (3) hour period, he or she shall be compensated at time
and one half (1-1/2) for the period of time his presence is required by the Court.
13.9 Holidays, vacation days and other paid time off to which a sworn police officer is
entitled as a matter of right under or by virtue of any ordinance of the Village or
this Agreement shall be considered as time worked for the purposes of seniority,
longevity or other matters where tenure is a factor.
13.10 Compensatory Time: Employees shall have the option of overtime pay or
compensatory time off in lieu of overtime pay for hours worked in an approved
overtime status, as set forth below:
13.10.1 All hours worked in an approved overtime status shall be paid at time and
one half (1 1/2 times) an employee's regular rate of pay unless the employee
and the Chief of Police or his/her designee mutually agree in advance and
in writing that the overtime will be banked compensatory time in lieu of
overtime pay.
13.10.2 Compensatory time shall be credited at the rate of one and one-half (1-1/2)
hours of compensatory time for each hour of authorized overtime worked.
13.10.3 Compensatory time off shall be subject to advance approval by the Chief of
Police or his designee. A Village Compensation and Leave Request Form
reflecting the allowance of time off as compensatory time shall be provided
to the Chief of Police or his designee at the time the employee requests
leave.
13.10.4 Compensatory time will be paid out upon the employee's separation from
employment at the rate of pay at the time of separation. However, the
Village in its sole discretion may pay out any and all accrued compensatory
time to the employees prior to the end of each fiscal year at the employees'
rate of pay.
13.10.5 Compensatory time may be accumulated up to three hundred and sixty
(360) hours. Those employees who as of January 11, 2011 had accrued
more than three hundred and sixty (360) hours of compensatory leave shall
be allowed to keep their accrued compensatory leave hours (so long as their
22
balances are less than four hundred and eighty (480) hours), however, they
will not be allowed to accrue any additional compensatory hours until such
time as their accrued compensatory hours is less than three hundred and
sixty (360) hours. Once such employees have less than three hundred and
sixty (360) hours of accrued compensatory hours, such employees shall be
allowed to accrue compensatory hours as set forth in this article, however,
they may not accrue more than three hundred and sixty (360) compensatory
leave hours.
ARTICLE 14
j,FAVFS OF ABSENCE
14.1 The Police Chief may recommend that an employee be granted a leave of absence
without pay for the purpose of entering upon a course of training or any study
calculated to improve the quality of service. No benefits, except seniority if such
leave is less than thirty (30) consecutive days, shall accrue during this period of
leave.
14.2 All applications for a leave of absence without pay, including any application under
Section 14.1 above, shall be within the exclusive discretion of the Chief of Police.
14.3 An employee granted a leave of absence, upon the termination and/or expiration of
the leave, will return to the same job classification and rate of pay currently in effect
for that classification.
24
ARTICLE 15
JOB C'ONNEC'TED ;DISABILITY
15.1 Whenever an employee sustains an injury compensable under Chapter 440, Florida
Statutes, as the same may be amended from time to time, the Village shall pay the
employee the difference of the employee's salary including any adjustments at the
time of the injury and compensation wage benefits received until the employee
reaches maximum medical improvement or is authorized to return to work in a light
duty status, whichever comes first.
This Section shall apply only to the first thirty (30) consecutive calendar days an
employee is off duty due to an injury compensable under workers' compensation.
Thereafter, the employee may continue to receive full pay by utilizing accrued sick
leave, annual leave, or other paid leaves to supplement the compensation wage
benefits he receives under worker's compensation.
The Village Manager may, in her discretion, extend the thirty (30) calendar day
period hereunder for additional periods if she determines that the circumstances
surrounding the on-the-job injury were such as to warrant the employee receiving
special consideration. Any such extension(s) shall be in thirty (30) day increments.
15.2 While on a job connected disability leave, employees shall be entitled to all benefits
as provided by the Village policy or by this Agreement.
15.3 Any employee injured on the job shall be paid his full day's wages for the day of
the accident if his treating physician directs that he should not return to work that
day.
15.4 The Village shall make a good faith effort to place a bargaining unit employee
injured on the job in a light duty job consistent with his physical and mental
capabilities and limitations as determined by a qualified physician. During the
period of his light duty job, the employee shall receive his regular pay and benefits.
Light duty jobs must involve productive work (i.e., no "make work" jobs). All light
duty jobs must be approved by the Village Manager.
15.5 Any employee found to have engaged in any type of worker's compensation fraud,
will be subject to immediate termination from employment.
25
ARTICLE 16
SAEF V & HEALTH
16.1 The Village and the Union will cooperate in the continuing objective of eliminating
accidents and health hazards.
16.2 Employees covered by this Agreement shall not be required to use a vehicle or piece
of equipment reasonably deemed unsafe. With respect to vehicles, the term
reasonably safe shall relate to brakes, tires, lights, police emergency flashers, horns,
sirens and/or steering.
16.3 Whenever an employee covered by this Agreement feels that a vehicle or other
equipment is unsafe and, therefore, unfit for service because it is a hazard to the
employee(s) or to the public, or both, he shall immediately inform his Supervisor.
If the Supervisor concurs, the unsafe vehicle or other equipment shall not be used
until it has been inspected and determined safe. Should the Supervisor not concur,
the employee shall document such unsafe condition and Supervisor's comments in
writing and forward it to the Chief of Police via the Chain of Command. Employees
coming on or going off -duty shall report any defects with respect to the vehicle
operated or to be operated during a shift to the Supervisor.
16.4 If the unsafe equipment is a vehicle and the nature of the unsafe conditions is such
that it should not be driven, the vehicle shall be dead lined at the location where it
is deemed unsafe. An employee shall not be required to deliver such an unsafe
vehicle to a place of repair. However, if the nature of the unsafe condition is such
that the vehicle can be driven to a place of repair by the employee without hazard
to the employee(s) and/or to the public, the employee shall do so. The employee's
Supervisor shall make final determination as to what action shall be taken.
16.5 No vehicle or piece of equipment dead lined shall be released from dead line until
inspected and/or repaired by competent mechanical personnel. Employees shall not
be required to perform repairs on the Village vehicles.
16.6 Employees unassisted will not be required to transport persons detained in a vehicle
not equipped with a cage, except in an emergency, and then the transporting officer
will be assisted by another employee.
26
16.7 Shotguns shall be cage -mounted in the front area of each patrol vehicle, provided
that if there is no cage, shotguns shall be mounted in the trunk of the vehicle.
16.8 Each employee, prior to commencing his tour of duty, shall be issued a portable
radio. No employee shall be forced to work his tour of duty without having in his
possession an operable portable radio, provided, however, that in management's
discretion, an employee not having an operable portable radio may be reassigned
to other duties where a portable radio is not necessary.
16.9 Annual firearms training shall be provided by the Village.
16.10 Employees shall not be required to transport live animals in patrol vehicles.
27
ARTICLE 17
PHYSICAL AND SUBSTANCLABUSE EXAMINATION4i
17.1 The Village strives to provide a safe, healthful and productive work environment
for its employees and adopts a zero tolerance for drug and alcohol abuse in the
workplace.
17.2 The Village, as part of its medical examination process during pre -employment
physicals, during a fitness for duty examination of an employee who is experiencing
job related problems which are of a physical and/or mental nature, after the
occurrence of a preventable accident and during the annual physical examinations
schedule as specified in Section 17.3 may require the employee to submit to drug
and/or alcohol abuse testing.
17.3 The Village shall have a yearly physical examination for each employee. Upon
receipt of a physician's clearance, a baseline Thallium Stress Test shall be part of
each physical examination for employees fifty (50) years of age or older.
17.4 The Village reserves the right to randomly perform drug and/or alcohol tests on
members of the bargaining unit at the discretion of the Chief of Police. The Village
also reserves the right to perform drug and/or alcohol testing when a Police
Department supervisor reasonably suspects an employee to be under the influence
of an illicit narcotic substance or alcohol in the workplace.
17.5 The following cutoff concentrations shall be applicable for determining whether
specimens are negative or positive for the following drugs or classes of drugs for
the testing procedure. A positive result shall be a concentration in excess of those
limits below.
Initial Test Level ing/ml.l
Marijuana (Cannabinoids) 50
Cocaine 100
Opiates (Heroin, Morphine, Codeine) 300
Phencyclicline (PCP) 25
Amphetamines 500
Methaqualone 100
Methadone 300
28
Propoxyphene 300
Tricyclic Antidepressants 300
Barbiturates 300
Alcohol (Ethanol) 0.02 g%
17.6 Analysis of specimens shall be performed only by laboratories licensed or certified
by the State of Florida, Agency for Health Care Administration (AHCA) or the
Federal Substance Abuse and Mental Health Services Administration (SAMHSA),
utilizing qualified sites and employing collectors trained to follow authorized
collection protocols and properly maintain legal specimen chain -of- custody.
17.7 A Certified Medical Review Officer (MRO) shall review all negative and
confirmed positive laboratory reports. Confirmed positive results shall only be
reported to the Village after the MRO has ascertained that personal prescriptions
or other legal substances do not account for the laboratory findings. Investigations
may include, as appropriate, telephone contact with the employee and any
prescribing physicians. Employees may consult the Village appointed MRO
concerning drugs and/or drug groups that may be tested for under this policy.
17.8 All positive initial tests shall be confirmed using gas chromatography/mass
spectrometry (GC/MS) or an equivalent or more accurate scientifically accepted
method. A confirmed positive testing employee will be given a Notice of Positive
Drug Test Result letter containing both, the laboratory and MRO's telephone
numbers as well as pertinent information concerning the drug and/or alcohol test
result challenge/appeal process. Within five (5) working days of receiving written
notice of a confirmed positive test result which has been verified, employees may
submit to the Village and/or MRO explaining or contesting the test results. If the
Village disagrees with the employee's position, it shall respond within fifteen (15)
days from the receipt of a formal challenge of the test results. If the employee
wishes to maintain the challenge, within thirty (30) days from the receipt of the
Village's written response, the employee may appeal to a Court of competent
jurisdiction and/or a Judge of Compensation Claims (if a workplace injury has
occurred). Upon initiating a challenge, it shall also be the employee's responsibility
29
to notify the testing laboratory which must retain the specimen until the case is
settled.
17.9 All information, including interviews, reports, statements, memoranda, and drug
test results, written or otherwise, received by the Village, drug testing laboratories,
MRO, Employee Assistance Program drug and alcohol rehabilitation providers,
and their agents who receive or have access to information concerning drug and/or
alcohol test results originating from testing performed in conjunction with this
Policy, is to be treated as confidential. Such information may not be used or
received in evidence, obtained in discovery or disclosed in any public or private
proceedings unless a written release, including consultation with legal counsel, is
required to defend related civil or administrative matters such as determining
compensability under Chapter 440, Florida Statutes, or unless such release is
compelled by a hearing officer or court of competent jurisdiction pursuant to an
appeal taken under this Section, or unless deemed appropriate by a professional or
occupational licensing board in a related discharge proceeding. Release of such
information under any circumstances other than as set forth above, shall be pursuant
to a written consent form signed voluntarily by the employee tested. Information
on drug and/or alcohol test results shall not be released or used in any criminal
proceeding against an employee or job applicant and if released contrary to this
Section, the information shall be inadmissible as evidence in any such criminal
proceeding.
17.10 Nothing in this Article is intended to prohibit the prescribed use of legally obtained
medications which may contain controlled substances within the drugs and drug
groups tested for in this Article. Because of potentially impairing side- effects
which could endanger the employee, coworkers, or the public, upon being
prescribed such medications, all employees have a duty to contact the MRO before
they report to work. The MRO will determine which duties (if any) the employee
may perform while taking the impairing or potentially impairing medication(s) and
will so notify the Police Chief or his designee.
17.11 Employees may contact the Village's MRO to ask questions concerning
prescribed medications they are taking for clarification purposes involving fitness
30
for duty assessments.
17.12 To discourage the use and/or distribution of illegal drugs and/or alcoholic beverages
in the workplace, upon reasonable suspicion, searches for alcohol, drugs and/or
paraphernalia may be conducted on the Village's property or worksites of areas
accessible to employees, including, but not limited to Village owned vehicles,
equipment boxes, lockers, desks, etc. Discovered illegal items will be referred to
law enforcement for disposition.
17.13 Disciplinary consequences for violating this Article are the immediate discharge of
the employee for proper cause and the potential denial of Unemployment
Compensation as specified per Section 441101, Florida Statutes. An employee
injured and subsequently confirmed positive for drug and/or alcohol based upon
post -accident testing results shall likewise be terminated from employment and
may lose Workers' Compensation benefits.
17.14 Any decision made or action taken which adversely affects the employee under this
Article is subject to the grievance and arbitration procedure of this Agreement.
31
ARTICLE 18
LEGAL R1F,,PRESENTATION
18.1 Whenever a civil suit in tort is brought against an employee for injuries or damages
suffered as a result of any act, event, or omission of action which is alleged to have
occurred while the employee was on duty or acting within the scope of his
employment, the Village shall investigate the circumstances to determine whether
the employee acted in bad faith or with malicious purpose or in a manner exhibiting
wanton and willful disregard of human rights, safety, or property.
18.2 If the Village determines that the employee did not act in bad faith or with malicious
purpose or in a manner exhibiting wanton and willful disregard of human rights,
safety or property, the Village shall undertake the defense of the employee as
required by law. Said defense shall cease upon judicial finding, or finding by the
Village, that the employee acted in bad faith or with malicious purpose or in a
manner exhibiting wanton and willful disregard of human rights, safety, or
property.
32
ARTICLE 19
OFF -DUTY POLICE WORK
19.1 Off -duty police work as authorized by the Police Chief shall be compensated at the
rate of $50.00 per hour for all police officers. This rate shall not be negotiable and
shall apply to all off -duty work. There shall be a flat administrative fee of fifteen
dollars ($15.00) per shift charged by the Village to the applicant.
19.2 Off duty employers will guarantee a minimum employment period of four (4) off -
duty hours for each assignment requested of the Police Department (work
assignments can be split between employees).
19.3 Employees assigned to off -duty law enforcement jobs shall be fully protected in case
of injury during such assignment by the Village's Workers Compensation coverage.
19.4 Assignments of off duty police work shall be fairly and evenly distributed among
eligible employees. Full time employees shall have the right of first refusal in off- duty
and detail police work assignments.
19.5 When a detail requires four (4) or more employees, whenever possible, one of the
four employees shall be a supervisor. A Police Sergeant shall be compensated at
the rate of $55.00 per hour. This rate shall not be negotiable and shall apply to all
off -duty work. If no supervisor is available to work the detail, then the on -duty
supervisor shall be assigned to monitor the detail.
19.6 If the employee works an off -duty assignment which falls on a recognized Village
holiday, Christmas Eve, and/or New Year's Eve they are entitled to the off -duty
rate specified in 19.1 or 19.5 above at time and one-half.
33
ARTICLE 20
SEVER ABILITY ANI) ZIPPER CLAUSE
20.1 Should any provision of this Agreement, or any part thereof, be rendered or
declared invalid by reason of any existing or subsequently enacted state or federal
law, or by any decree of a court of competent jurisdiction, all other articles and
sections of this Agreement shall remain in full force and effect for the duration of
this Agreement. The parties agree to immediately meet and confer concerning any
invalidated provision(s).
20.2 The parties acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any subject or matter not removed by law from the area
of collective bargaining and that the understanding and agreement arrived at by the
parties after the exercise of that right and opportunity are set forth in this
Agreement. Therefore, the Village and the Union, for the life of this Agreement,
and unless otherwise specified, each voluntarily and unqualifiedly waives the right
and each agrees that the other shall not be obligated to bargain collectively with
respect to any subject or matter referred to or covered by this Agreement and with
respect to any subject or matter not specifically referred to or covered in this
Agreement, even though such subject or matter may not have been within the
knowledge and -contemplation of either or both of the parties at the time they
negotiated or signed this Agreement. This Agreement contains the entire
Agreement of the parties on all matters relative to wages, hours, terms and
conditions of employment as well as all other matters, which were or could have
been negotiated prior to the execution of this Agreement. This Section does not
prohibit the parties from entering into negotiations concerning the terms of a
successor Agreement.
20.3 This Article does not waive the Union's rights to bargain over changes in
mandatory subjects of bargaining and the impact of changes in non -mandatory
subjects of bargaining.
34
ARTICLE 21
MISCELLANEOUS PROVISIONS
21.1 Locker Room Facilities
A. The Village agrees to maintain locker room facilities for bargaining unit
employees of the Police Department as appropriate.
B. Said locker room facilities shall consist of, but not limited to, the following.
1. Lockers;
2. Showers.
C. An agent of the Village shall not inspect an employee's locker space without
another employee present as a witness. However, if the Chief of Police
determines that circumstances warrant immediate inspection or opening of an
employee's locker and there are no other employees available to act as
witnesses, the Chief of Police, in his discretion, may authorize that the locker
be opened and/or inspected as needed. The Village shall be financially
responsible for reimbursing an employee for loss or destruction of property by
an agent or employee of the Village during said inspection, excluding the
locking device if the employee was given the opportunity to open said locker.
21.2 Voting
During a primary, special or general election, an employee who proves he/she is
registered to vote, whose schedule does not allow sufficient time for voting, shall
be allowed necessary time off with pay for this purpose. Where the polls are open
two (2) hours before or after the employee's regularly scheduled work period, it
shall be considered sufficient time for voting.
21.3 General Provisions
A. Employees shall not be required to use their private vehicles in the performance
of assigned duties.
B. Employees shall be furnished with parking facilities at the Police Department.
Said parking facilities shall be furnished at no cost to the employees.
C. If, in the sole discretion of the Village Manager, or in her absence, the Village
official so designated by law to act in her absence, it is determined that a civil
emergency conditions exist, including but not limited to riots, civil disorders,
35
hurricane conditions or similar catastrophes, the provisions of this
Agreement may be suspended by the Village Manager or designated Village
Official during the time of the declared emergency, provided that wage rates
and monetary fringe benefits shall not be suspended.
21.4 Emergencies
For the purpose of this Agreement, emergencies shall be defined as situations where
it is clearly necessary to provide basic minimum services where no regularly
scheduled employee is available.
36
ARTICLE 22
I :A1,THANDD LIFE INSURANCE COVERAGE
22.1 Medical Insurance Coverage — The Village shall pay the following amounts toward
the cost of Village -provided employee health insurance:
• Employee -only coverage: For an employee who selects employee -only
coverage, the Village shall contribute one hundred percent (100%) of the
cost the basic plan being offered by the Village. If an employee wishes to
participate in the higher cost coverage provided by the Village, the
employee will be responsible for paying the difference in cost between the
two plans, which shall be deducted on a pro rata basis from the employee's
pay checks.
• Dependent coverage: For an employee who selects any type of dependent
coverage (children, spouse, family, etc.), the Village shall contribute 75%
of the difference in total cost between the individual premium for the basic
plan and the basic plan premium selected by the employee for such
coverage. For example, if the monthly premium cost for individual coverage
is $600.00 and the monthly premium cost of family coverage is
$1,000.00, an employee selecting family coverage will be required to
contribute 25% of $400.00 ($100.00). This contribution shall be deducted
by the Village from the employee's pay checks on a pro rata basis.
22.2 Life Insurance Coverage — Each employee is entitled to have life insurance
coverage paid for by the Village in the amount equal to two times (2x) the
employee's annual salary.
22.3 Nothing in this Agreement shall prohibit the Village, at its sole discretion, from
changing medical and/or life insurance carriers, the types of health and/or life
insurance plans offered, the level of benefits offered by such plans and/or any other
condition relating to such coverage.
37
ARTICLE 23
WORKING OIJT OF CLASSIFICATION
23.1 Employees working out of classification at a higher rank for a minimum of four
(4) hours per eight (8) hour shift or for a minimum of six (6) hours per twelve (12)
hour shift, shall receive five percent (5%) above their current rate of pay for those
hours actually worked in that higher rank capacity.
38
ARTICLE 24
MAINTENANCE OF STANDARDS
24.1 All current employment practices and benefit levels currently granted unto the
employees that are not found within this Agreement shall remain in full force and
effect.
39
ARTICLE 25
JJOLIDAY:S
25.1 The Village recognizes the following eleven (11) paid holidays granted per year:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
25.2 If an employee is scheduled to work a holiday and actually works the holiday, he
shall receive pay at time and one-half for all hours worked on the holiday. If an
employee is not scheduled to work a holiday but is called in to work the holiday,
he shall receive pay at time and one-half for all hours worked on the holiday and a
floating holiday which may be used within one calendar year of the holiday with
the approval of the Chief of Police. Employees (whether they are on or off duty)
shall not receive eight (8) hours of pay for an observed holiday.
25.3 Non -Shift employees are entitled to four (4) additional personal leave days per year,
one of which may be the employee's birthday. Shift employees are entitled to two
(2) personal leave days per year, one of which may be the employee's birthday.
Permission to take the employee's birthday off on a date other than the employee's
actual birthday must be done with the permission of the Chief of Police through the
chain of command. Personal days cannot be carried over from year to year and are
not to be paid upon separation from employment.
40
Aj(TEC'LE 26
,SHIFT PAY DIFFERF;NTIAI
26A For all hours worked by an employee between 6:00 p.m. and 7:00 a.m., such
employee shall receive a five percent (5%) increase to their base pay for each such
hour worked. Employees held over into the 6:00 p.m. — 7:00 a.m. hours or called in
during these hours, shall receive overtime pay in addition to the shift differential.
41
ARTICLE 27
FIELD TRAINING OFFICERS AND SPECIALIZED UNITS
27.1 Employees, who actually serve as field training officers, shall receive an additional
five percent (5%) added to their base pay for those hours actually spent performing
the functions of a field training officer as certified by the Chief of Police.
Assignment to the field training officer position shall be done on a rotating basis.
27.2 Employees who serve in any of the following specialized units shall receive
assignment pay of four percent (4%) added to their base pay:
• Marine Patrol
• Police Divers
• Motors
• Firearms Trainers
• Rapid Response
No employee shall receive more than a total of four percent (4%) assignment pay
at any given time.
42
ARTICLE 28
WAGES AND LONGEVITY
28.1 Wages
Graded Service Salary Plans ("GSSP")
A. The Village shall maintain a 10 step GSSP for all employees. Appendix "A"
hereto contains the pertinent GSSPs for FY 2021. Employees will move to the
next steps of the GSSP on their anniversary dates.
B. COLAs
1. FY 2021 -- For FY 2021, there is no COLA.
2. FY 2022 -- bargaining unit employees employed on October 1, 2021 shall
receive a salary increase in an amount equal to the change in the Consumer
Price Index ("CPI"), which amount will be rounded to the closest tenth of a
percentage. The CPI that will be used is the twelve (12) month change from
April 2020 to April 2021 based on the CPI for All Urban Consumers for the
Miami -Fort Lauderdale Area (all items index) published by the U.S.
Department of Labor Bureau of Labor Statistics. However, if the CPI is
more than four percent (4%), the salary increase will be four percent (4%)
and if the CPI is negative, employees will not receive a salary increase.
3. FY 2023 -- bargaining unit employees employed on October 1, 2022 will
be eligible to receive a salary increase in an amount equal to the change in
the CPI, which amount will be rounded to the closest tenth of a percentage.
The CPI that will be used is the twelve (12) month change from April 2021
to April 2022 based on the CPI for All Urban Consumers for the Miami -
Fort Lauderdale Area (all items index) published by the U.S. Department of
Labor Bureau of Labor Statistics. However, if the CPI is more than four
percent (4%), the salary increase will be four percent (4%) and if the CPI is
negative, employees will not receive a salary increase.
28.2 Longevity Pay --
A. Fiscal Year 2021 (October 1, 2020 through September 30, 2021) -- For those
employees who are not currently receiving a longevity pay increase of 5%,
43
upon the completion of fifteen (15) years of service and each year thereafter,
bargaining unit employees shall be eligible to receive a lump sum longevity
bonus based on their most recent annual performance evaluation as follows:
Score Bonus
0.0 — 2.99 0% of base pay
3.0 — 3.49 1% of base pay
3.5 — 3.99 2% of base pay
4.0 — 4.49 3% of base pay
4.5 — 5.00 4% of base pay
Such lump sum bonus shall not increase an employee's base annual salary. An
employee eligible to receive this lump sum bonus shall receive such bonus
within two (2) weeks after completion of his/her annual performance
evaluation, which shall be completed within three (3) weeks of the employee's
anniversary date.
B. Fiscal Year 2022 and beyond (October 1, 2021 and beyond) -- Effective
October 1, 2021, employees will no longer be eligible for longevity bonuses as
set forth above. Instead, employees will receive a five percent (5%) pay
increase upon the completion of 15 and 20 years of service. Employees who
have not previously received a longevity pay increase at 15 and/or 20 years of
service shall, upon the completion of 15 years of service and/or upon the
completion of 20 years of service, receive five percent (5%) pay increases on
such anniversary dates. However, employees who have already reached either
such anniversary but who have not yet received either or both such increases
shall receive such increase or increases on a prospective basis effective October
1, 2021. For example, an employee who hit his/her 17th anniversary on January
15, 2021 will receive his/her first longevity pay increase on October 1, 2021
and his/her second longevity pay increase on Jannary 15, 2024.
28.3 Master Patrolman: The five (5) percent master patrolman pay increase previously
available to bargaining unit employees upon the completion of five (5) years of
service is discontinued. However, bargaining unit employees who received that
increase prior to October 1, 2010 shall not be impacted by this provision.
44
ARTICLE 29
SI('K LEAVE
29.1 Employees will be credited with twelve (12) hours of sick leave per month for a
total of one hundred and twenty (144) hours of sick leave per year.
29.2 Employees with over 480 hours of banked sick leave may convert sick leave to
vacation leave once per year so long as they maintain at least 480 hours of sick
leave in their banks at all times, subject to a maximum conversion of 120
hours/year. The rate of conversion from sick to vacation leave will be as follows:
• Employees who use 3 days or less of sick leave in the prior year may
convert at 100% rate (i.e., 10 hours of sick leave converts to 10 hours
of vacation leave).
• Employees who use 4 days of sick leave in the prior year may
convert at 75% rate (i.e., 10 hours of sick leave converts to 7.5 hours
of vacation leave); and
• Employees who use 5 or more days of sick leave in the prior year
may convert at 50% rate (i.e., 10 hours of sick leave converts to 5
hours of vacation leave).
This sick leave conversion will be utilized by the Village on a trial basis for FY 2019
and the Village reserves the right to discontinue this program after that year.
29.3 Upon separation of employment from the Village, an employee shall be paid out
for up to 480 hours of his/her accrued sick leave at a rate of ten (10%) percent per
year of service up to a maximum of one hundred (100%) percent after ten (10) years
of service at the employee's average hourly rate of pay during his/her employment
with the Village. For example, if the employee has 5 years of service when he/she
separates from service and has 700 hours of accrued sick leave, he/she shall receive
a payment for 240 hours of leave (50% x 480 hours).
45
ARTICLE 30
eROFESS1ONAL ENHANCEMEN1
30.1 All bargaining unit employees who are ordered to attend off -duty courses shall be paid
at the prevailing overtime rate. All training, classes, education and materials required
by the Village will be paid for by the Village.
30.2 Bargaining unit employees are eligible for reimbursement of the cost of tuition and
books based on the Florida State average undergraduate in -state tuition rate
for the courses taken depending on the grade achieved by the employee as
outlined below.
Grade A: 100% reimbursement
Grade B: 75% reimbursement
Grade C: 50% reimbursement
Less than C: 0% reimbursement
Withdrawal: 0% reimbursement.
The amounts of reimbursement will be applied to the difference between the cost of
tuition and any financial aid the employee receives from other sources including, but
not limited to, grants, scholarships, veterans' benefits or vouchers. The maximum
amount that an employee shall be reimbursed is $10,000.00 per fiscal year.
30.3 Requests for tuition reimbursement shall be made for each course and the decision to
reimburse the employee shall be made separately as to each course for which the
employee is seeking reimbursement. Every request for tuition reimbursement shall be
submitted along with all supporting documentation prior to enrollment and shall be
subject to the prior approval of the Chief of Police and Village Manager. Only courses
that are directly related to an employee's job will be approved for reimbursement.
The Chief of Police and Village Manager, in their sole discretion, will determine
whether the course for which an employee is seeking reimbursement is directly related
to the employee's job. Their decision shall be final in all respects and shall not be
subject to the grievance procedure in Article 10 ofthis Agreement.
30.4 In the event an employee voluntarily leaves Village employment or is terminated from
Village employment within one (1) year of his/her completion of any course of
instruction for which the Village has made any payment hereunder, that employee
shall reimburse the Village one hundred percent (100%) of such reimbursement. In
46
the event that an employee voluntarily leaves Village employment or is terminated
more than one (1) year but less than two (2) year after the completion of any course
of instruction for which the Village has made any payment hereunder, that employee
shall reimburse the Village for fifty percent (50%) of the Village reimbursement for
such courses.
47
ARTICLE 31
VACATION LEAVE,
31.1 Every bargaining unit member employed by the Village on a full time basis working
seven (7) twelve (12) hour shifts per two week period shall accumulate annual
vacation leave as follows:
(a) Between zero and four full years of employment — 84 hours/year
(b) Between four and eight full years of employment — 126 hours/year
(c) After eight full years of employment — 168 hours/year
31.2 Every bargaining unit member employed by the Village on a full time basis working
ten (10) eight (8) hour shifts per two week period shall accumulate annual vacation
leave as follows:
a) Between zero and four full years of employment — 80 hours/year
b) Between four and eight full years of employment — 120 hours/year
c) After eight full years of employment — 160 hours/year
31.3 Vacation leave shall be accrued and calculated from the date of established full time
employment with the Village.
31.4 Vacation time shall be scheduled and charged to the employee for actual time away
and may be charged in hourly increments.
48
ARTICLE 32
UNIFORM ISSUANCE/MAINTENANCE ALLOWANCE
32.1 The Village agrees to furnish at no cost to the Bargaining Unit Employee the
following items in sufficient quantities as determined by the Chief of Police:
a. Standard round navy blue hat with plain visor and gold cloth band.
b. Black baseball type cap.
c. Long sleeved navy blue shirt.
d. Short sleeved navy blue shirt.
e. Gold or Silver "P" buttons (depending on rank).
f. Navy blue uncuffed trousers.
g. Gold or silver metal name plate (depending on rank).
h. Black tie.
i. Heavy jacket.
j. Windbreaker.
k. Appropriate issued raingear.
1. Plain -toed black shoes.
m. Military style boots.
n. Duty belt.
o. Garrison belt and pancake holster for all bargaining unit members assigned
to administration.
p. White uniform polo shirt with the Village of Key Biscayne badge
embroidered in the left breast area, the last name of the officer embroidered
on the right breast area, and Key Biscayne Police screed printed across the
upper back portion of the shirt. .
q. Navy blue shorts.
r. Plain sneakers (provided the employee requests and wears a class C
uniform).
s. Duty belt with required equipment.
t. BDU shirt. (This is a standard military battle dress uniform shirt, black in
color.)
49
u. T-shirt black in color, with the Village of Key Biscayne Police Officer's
badge and the words Key Biscayne and Police screen -printed in the left
breast area. The word Key Biscayne Police will be screen printed across the
upper back portion of the shirt.
v. BDU pants. (This is a standard military battle dress uniform pants, black in
color.)
w. Members will be issued black nylon webbed gear as follows:
1. Duty belt.
2. Underbelt.
3. Silent key keeper.
4. Safety duty holster.
5. Handcuff case.
6. Double magazine pouch.
7. Leatherman case.
8. Flashlight holder.
9. Pepper spray holder.
10. Baton holder.
11. Radio holder.
12. Firearm.
13. Asp Baton.
14. Keepers.
15. Rain boots.
16. Reflective traffic vest.
17. Hazard black bag.
18. P.P.E. suit.
19. Florida Law Enforcement Handbook.
20. IPTM template.
21. Handcuffs.
22. Pepper spray.
23. Plastic whistle.
24. Leatherman.
25. Streamlight brand rechargeable flashlight.
50
26. Radio.
27. Body Armor:
a. Village of Key Biscayne Police Department will issue a current
class III A Body Armor to all Bargaining Unit Employees.
32.2 The cost of any uniform changes dictated by the Village shall be borne by the
Village.
32.3 All Bargaining Unit Employees shall be entitled to an annual uniform maintenance
allowance of seven hundred ($700.40) dollars. The allowance will be paid on the
Bargaining Unit Member's anniversary date.
51
ARTICLE 3;
J,INE OF DUTY DEATH
33.1 Any full-time bargaining unit employee who is killed in the performance of his or
her official duties (portal to portal included) or who subsequently dies from injuries
within twelve (12) months of the incident from his injuries shall be given an
immediate promotion to the next highest rank at the same salary step they were in
at the time of their death. All accumulated but unpaid vacation, holidays, sick time,
regular pay, overtime pay, and any other pay as may be due and owed to them will
be paid at the hourly rate of the newly promoted rank to the employee's estate or
designated survivor.
52
ARTICLE 34
PENSION
34.1 The current benefits and employee contributions in the Police portion of the Police
Officers and Firefighters Retirement Plan (the "Plan"), as codified in Chapter 23
"Retirement" of the Village Code (including but not limited to the DROP Plan),
shall remain in effect. The following changes were made in connection with the
ratification of the 2017-2020 Agreement:
34.1.1 The Village's annual contribution into the Plan shall be capped at 20% of
the Plan's covered payroll for all police members contributing to the Plan
using the definition of Salary provided in the Plan. Any amount over 20%
of covered Payroll shall be the responsibility of the employees.
34.1.2 The minimum funded ratio for the Police portion of the Plan shall be eighty
percent (80%) based on an assumed rate of return of 7.5%. If the funded
ratio of the Police portion of the Plan falls below the minimum funded ratio,
the Plan's multiplier shall be automatically reduced for prospective service
to the extent necessary to keep the Police portion of the Plan's funded ratio
over 80% or, alternatively, the employees shall have the option of paying
off any unfunded liability necessary to achieve an 80% funded ratio or of
making other design changes to the Police portion of the Plan so that the
Police portion of the funded ratio exceeds 80%. In lieu of reducing the
multiplier, should the employees wish to increase the employees'
contribution to maintain the minimum funded ratio, the Union and the
bargaining unit of the Village's police lieutenants shall provide the Village
with written notification prior to August 1St preceding the fiscal year in
which the funded ratio of the Police portion of the Plan falls below 80%.
34.1.3 Effective October 1, 2017, the monthly retirement benefit shall be equal to
3.00% of Average Final Compensation for each year of Credited Service
earned after that date.
34.1.4 The maximum amount of annual service retirement benefit based on the
normal annuity form (life with 10 year certain) payable at retirement shall
be the employee's choice of either: (1) lesser of $90,000 or 90% of the
employee's Average Final Compensation; or (2) 80% of the employee's
53
Average Final Compensation. This cap will be applied to any other form of
benefit selected by the employee on a proportionate basis so as to make the
application of the cap for other forms actuarially equivalent to the cap for
the normal form.
34.1.5 Members may purchase Credited Service for service in the Armed Forces
prior to employment with the Village or for prior law enforcement service
to the maximum extent allowable under Florida state law. The total amount
of service purchased, when combined with the purchase of additional
benefit multiplier, may not exceed five years. For the purpose of purchasing
this past service credit, a member may use either the value of his/her annual
leave (less required withholding taxes) valued in accordance with the
Village's leave payoff policy or an applicable collective bargaining
agreement; a tax- qualified transfer of funds from the member's 457
Deferred Compensation Plan; cash payment; or any combination of the
foregoing. A member shall be responsible for the full actuarial cost of this
benefit enhancement, plus the full actuarial or other professional services
required to determine the benefit enhancement.
34.1.6 In accordance with section 185.35(6), F.S., a defined contribution plan
component ("share plan") is hereby established as part of the defined benefit
pension plan, to be funded entirely with Ch. 185 premium tax revenues.
However, the Village and Union have mutually agreed that no Ch. 185
premium tax revenues will be allocated to the share plan at this time. The
Village and the Union have further agreed that the share plan shall not be
activated until the parties mutually agree that Ch. 185 premium tax revenues
will be allocated to the share plan. The parties further mutually consent that
any premium tax revenues that were or will be received by the Plan pursuant
to Sections 185.08 and 185.35, Florida Statutes, including any unallocated
premium tax revenues and the full amount of premium tax revenues
received by the Village in the future, shall be used by the Plan to reduce the
Village's pension contributions to the Plan.
54
ARTICLE 35
DURATION OF AGREEMFN1
35.1 Except as specifically provided otherwise in this Agreement, this Agreement shall
take effect upon ratification by both parties and shall continue in full force and
effect through September 30, 2023.
Executed on this (t11 day of AF.-' 1 , 2021.
For the Village of Key Biscayne
Charles Press,
Interim Village Manager
Michael Davey,
Associate General Mayor,
Village of Key Biscayne
For Local 6023, International Union
of Police Associations, AFL-CIO
Gusta : ' adr esident
Ke Biscayne Police Officers
Association, Local 6023,
International Union of
Poli
chard M. Weiner
Richard M. W-'. -r, P.A.
AFL-CIO
For: Key Biscayne Police Officers
Association, Local 6023,
International Union of
Police Associations, AFL-CIO
55
APPENDIX A
10 STEP GRADED SERVICE SALARY PLAN
FISCAL YEAR 2021
(Effective Retroactive to 10/1/20)
Po[icc Officer,
POLICE OFFICERS _
STEPS
SALARY
1
$57,816
2
$60,707
3
$63,742
4
$66,929
5
$70,276
6
$73,789
7
$77,479
8
$81.353
9 _
$85,420
10
$89,692
POLICE SERGEANTS
STEPS
SALARY
1
$74,601
2
$78,331
3
$82,248
4
$86,361
5
$90,678
6
$95,212
7
$99,973
8
$104,971
9
$110,220
10
$115,731
56