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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