Loading...
HomeMy Public PortalAbout2023-80 Providing for ratification of the 2023-2026 collective bargaining agreement between the Village and the International Union of Police Associations, AFL-CIO - Police Lieutenants (2)RE SO LU TIO N NO . 2023- 80 A RE SO L U T IO N O F TH E V ILLA G E CO U N C IL O F TH E V IL L A G E O F K EY B ISCA YN E, FLO RI DA , PR O V ID IN G F O R R A T IF IC A TIO N O F TH E 2023-2026 CO LLEC TIV E B A R G A IN IN G A G RE E M E N T BETW EEN TH E VILLA G E A N D T H E IN T E R N A TIO N A L UN IO N OF PO LIC E A SS O C IA T IO N S, A FL -C IO , FO R TH E BA R GA IN IN G U N IT C O N SIST IN G O F TH E V ILLA G E 'S PO LIC E L IE U T E N A N T S; AU TH O R IZIN G TH E VILLA G E M A N A G E R T O SIG N TH E CO LLE C TIV E BA R G A IN IN G A G R E E M E N T O N BE H A L F O F TH E VILLA G E AN D T A K E A L L A C T IO N S NE C E SSA R Y TO IM PLEM EN T TH E A G R EE M E N T ; AN D PR O V ID IN G FO R AN EFFEC TIV E D A T E . W H E RE A S, the Village of Key Biscayne ("Village") desires to ratify the 2023-2026 Collective Bargaining Agreement ("Agreement") between the Village and the International Union of Police Associations, AFL-CIO, for the bargaining unit consisting of the Village's Police Lieutenants (a copy of the tentative Agreement is attached hereto as Exhibit "A"); and W H E RE A S, the Village Council finds that ratification of the Agreement is in the best interest of the Village. N O W , T H E RE F O RE , BE IT RE SO LV ED B Y TH E M A Y O R AN D V ILLA GE C O U N C IL O F TH E V IL L A G E O F K EY BISCA Y NE , FL O RI D A , AS FO LLO W S: Section 1. R eci ta ls. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. A uthoriz ation. That the Village Manager is hereby authorized to execute the Agreement, in substantially the form attached hereto as Exhibit "A," and to take all actions necessary to implement the Agreement and the purpose of this Resolution. Section 3. adoption. Effective Date. That this Resolution shall take effect immediately upon PASSED and ADOPTED this 12th_ day of __ ~D~e~ce=m=b~e=r , 2023. ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENC ~J~ WEISS SEROTA HELFMAN COLE & BIERMAN, P .L. VILLAGE ATTORNEY :;"'"' .• ~;..."· f~•.11{,,,.,.~ 1!=· 1 ;a: '~ - tr...,. , . ·A "'lc.iu\\.)~ COLLECTIVE BARGAINING AGREEMENT BETWEEN VILLAGE OF KEY BISCAYNE, FLORIDA AND INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO (POLICE LIEUTENANTS' CONTRACT) OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2026 T A B L E O F C O N T E N T S A R T IC L E P A G E ARTICLE I RECOGNITION CLAUSE I ARTICLE 2 MANAGEMENT RIGHTS 2 ARTICLE 3 NO STRIKES AND LOCKOUTS .4 ARTICLE 4 UN ION ACTIVITIES 5 ARTICLE 5 NON-DISCRIMINATION CLAUSE 8 ARTICLE 6 DUES DEDUCTION 9 ARTICLE 7 BULLETIN BOARDS 10 ARTICLE 8 INITIAL PR OBA TI ON ARY PERIOD 11 ARTICLE 9 DISCIPLINARY PROCEDURES 12 ARTICLE 10 GRIEVANCE AND ARBITRATION PROCEDURE 13 ARTICLE 11 SENIORITY 16 ARTICLE 12 LAYOFF AND RECALL 17 ARTICLE 13 WORK WEEK AND WORK SHIFT 19 ARTICLE 14 LEA YES OF ABSENCE 22 ARTICLE 15 JOB CONN ECTED DISABILITY 23 T A B L E O F C O N T E N T S A R T I C L E P A G E ARTICLE 16 SAFETY & HEAL TH 25 ARTICLE 17 PHYSICAL AND SUBSTANCE ABUSE EXAMINATIONS 27 ARTICLE 18 LEGAL REPRESENTATION 30 ARTICLE 19 OFF-DUTY POLICE WORK 31 ARTICLE 20 SEVERABILITY AND ZIPPER CLAUSE 32 ARTICLE 21 MISCELLANEOUS PROVISIONS 33 ARTICLE 22 HEAL TH AND LIFE INSURANCE COVERAGE 35 ARTICLE 23 MAINTENANCE OF STANDARDS 36 ARTICLE 24 HOLIDAYS 37 ARTICLE 25 SHIFT PAY DIFFERENTIAL 38 ARTICLE 26 WAGES AND LONGEVITY 39 ARTICLE 27 SICK LEAVE 41 ARTICLE 28 LABOR MANAGEMENT CONFERENCE 42 ARTICLE 29 LINE OF DUTY DEA TH 43 T A B L E O F C O N T E N T S A R T I C L E P A G E ARTICLE 30 EMPLOYEE REPLACEMENT PROGRAM 44 ARTICLE 31 UNIFORM ISSUANCE/MAINTENANCE ALLOWANCE 45 ARTICLE 32 PROFESSIONAL ENHANCEMENT .48 ARTICLE 33 PENSION 50 ARTICLE 34 VACATION LEA VE 52 ARTICLE 35 BEREAVEMENT LEA VE 53 ARTICLE 36 PAID PARENTAL LEAVE 54 ARTICLE 37 DURATION OF AGREEMENT 55 APPENDIX A I 0-STEP GRADED SERVICE SALARY PLAN 56 A RTICLE 1 RECOGN ITION CLAUSE 1.1 The Village of Key Biscayne ("Village") hereby recognizes the 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. 1633: • In cluded: All full-time police lieutenants. • E xcl uded: All other personnel. 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. A R T I C L E 2 M A N A G E M E N T R I G H T S 2.1 The U nion recognizes the right of the V illage to operate, manage and direct all affairs of all depart m ents w ithin the V i II age, except as otherwise expressly pro vided elsew here in this Agreem ent, including but not lim ited to the right: a. T o exercise com plete and unham pered contro l to m anage, direct, and totally superv ise all em ployees of the V illage; b. T o hire, pro m ote, tra nsfe r, schedule, tra in, assign and retain em ployees in positions w ith the V illage and to establish pro cedures therefo re; c. To suspend, dem ote, discharge, lay off, or take other disciplinary action fo r pro per cause against em ployees in accordance w ith this Agreem ent, the V illage's personnel policies, regulations, pro cedures and departmental policies; d. To m aintain the effi ciency of the opera tions of the Police Departm ent; e. To determ ine the stru cture and organization of V illage govern m ent, including the right to supervise, subcontra ct, expand, consolidate or m erge any depart m ent, and to alter, com bine, elim inate, or reduce any division thereof; f. To determ ine the num ber of all em ployees w ho shall be em ployed by the V illage, the job description, activities, assignm ents and the num ber of hour s and shifts to be w orked per w eek; g. T o determ ine the num ber, types, and gra des of positions or em ployees assigned to an organizational unit, departm ent or project and the right to alter, com bine, reduce, expand or cease any position; h. To set its ow n standards fo r serv ices to be offered to the public; 1. T o determ ine the location, m ethods, means and personnel by which opera tions are to be conducted; J. T o determ ine w hat unifo rm s the em ployees are required to w ear while on duty ; 2 k. To set procedures and standards to evaluate Village employees' job performance; I. 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 A R TIC LE3 NO ST R IK ES AND LO CK O UTS 3.1 T he U nion agrees that they w ill not engage in a "Strike" against the V illage as defi ned in Section 447.203(6), Florida Statutes. "Strike" m eans the concerted fa ilure of em ployees to report fo r duty; the concerted absence of em ployees from their positions; the concerted stoppage of w ork by em ployees; the concerted subm ission of resignations by em ployees; the concert ed abstinence in w hole or in part by any gro up of em ployees fr om the fu ll and fa ithfu l perfo rm ance of the duties of em ploym ent w ith the V illage fo r the purpose of inducing, influencing, condoning, or coercing a change in the term s and conditions of em ploym ent or the rights, privileges, or obligations of public em ploym ent, or participating in a delibera te and concerted course of conduct w hich adversel y affects the serv ices of the V illage; the concerted fa ilure of em ployees to report fo r w ork after the expira tion of a collective bargaining agreem ent; and picketing in fu rthera nce of a w ork stoppage. The term "S trike" shall also m ean any overt prepara tion, including, but not lim ited to, the establishm ent of strike fu nds w ith regard to the above-listed activities. 3.2 N o em ployee or union m ay part icipate in a strike against the V illage by instigating or support ing, in any m anner, a Strike. A ny violations of this A rticl e shall subject the violator to the penalties pro vided in C hapter 447, Florida Statutes. T he V illage agrees that it w ill not "lockout" the em ployees fr om the w orkplace. Any violations of this A rticle w ill allow either part y to seek injunctive relief fr om the appro priate court. 4 ARTICLE4 UNION ACTIVITIES 4.1 T he U nion shall subm it in w riting the nam es of its Offi cers or Stew ards w ho are authorized to speak on behalf of the U nion and/or represent Bargaining Unit em ployees. T he V illage agrees to recognize the U nion President. The President shall be authorized to represent B argaining U nit em ployees thro ugh the fir st step of the grievance pro cedure. T he President shall be authorized to represent Bargaining U nit em ployees in subsequent steps of the grievance pro cedure. H ow ever, at the U nion's discretion, its attorn ey and/or U nion business agent may be used in subsequent steps of the grievance pro cedure. T he V illage shall notify the Union of any grievance hearings and acknow ledges the U nion's right to attend grievance hearings filed by individual bargaining unit m em bers. 4.2 N o one shall be perm itt ed to fu nction as a U nion Representative until the Union has presented the V illage w ith w ritten certifi cation of that person's selection. 4.3 B argaining U nit em ployees m ay elect a local U nion President, V ice President and Secretary -T reasurer to act as their representatives during the life of this Agreem ent. T he U nion shall pro vide the V illage w ith the nam e(s) of said local offi cers. 4.4 U pon notifi cation to the V illage, the President and V ice President w ill be released fr om duty w ith pay, fo r a m axim um of tw o (2) hours per pay period or fo r such additional period of tim e as the V ill age specifically appro ves, to investigate, pro cess and attend grievance hearings or other em ployer-em ployee pro ceedings; how ever, such release fr om duty shall not interfe re w ith the Union representative's assigned duties. 4.5 U nion representatives and em ployees shall be allow ed to com m unicate offi cial U nion business, in non-w ork spaces during an em ployee's non-w ork hours, to m em bers to the extent that duty responsibilities are not disru pted or interfered w ith. 4.6 A ccess to V illage pro perty and use of V illage paid tim e, fa cilities, equipm ent and other resources by the U nion shall be authorized only to the extent pro vided in this A greem ent and shall not interfe re w ith the effi ciency, safety and/or security of the V illage's opera tions. 4.7 T he V illage shall e-m ail a copy of this Agreem ent to each Bargaining Unit 5 em ployee w ithin fifteen ( 15) days after the execution of this Agreem ent at no cost to the Bargaining U nit em ployees. 4.8 Bargaining U nit em ployees m ay part icipate in collective bargaining negotiations during their regularly scheduled hours of duty w ithout loss of pay, pro vided that such em ployees respond to all calls that arise during negotiations and are otherw ise ready, w illing and able to perfo rm and fu lfil l their respective job duties. If B argaining U nit em ployees participate in collective bargaining negotiations w hile off-duty, they w ill do so w ithout com pensation. 4.9 U nion T im e P ool B ank: 4.9.1 T he U nion is hereby authorized to establish a tim e pool bank ("U nion B ank") utilizing voluntary tim e contributions (i.e., accru ed vacation leave) fr om its m em bers subject to the pro visions of this Article. 4.9.2 A n em ployee requesting to donate their accrued vacation leave hours must com plete an application and subm it it to the C hief of Police or their designee. A ll donations to the U nion B ank w ill be in one (I) hour increm ents. 4.9.3 A ll accru ed tim e donations to the U nion B ank shall be convert ed to a dollar value based upon the donating em ployee's regular hour ly base ra te of pay in effect on the day that they file the donation application w ith the Chief of Police designee. T he receiving em ployee shall be paid at their regular hourly base ra te of pay fo r all U nion Bank tim e used. 4.9.4 A n em ployee w ishing to use tim e fr om the U nion Bank to conduct union business m ust subm it such request, signed by the U nion President, to the C hief of P olice or designee three (3) days or as soon as practicable prior to the day that the em ployee is requesting to use tim e fr om the U nion Bank. A s long as the V illage incur s no overtim e obligations, such request shall not be unr easonably denied; how ever, if because of the needs of the 6 D epart m ent, an em ployee cannot be rele ased at the tim e desired, the Union m ay request an altern ate bargaining unit m em ber be released from duty during the desired tim e. 4.10 U nion representatives m ay attend V illage C ouncil and Retirem ent Board m eetings and other m eetings rel ated to their representation of Bargaining U nit em ployees during their regularly scheduled hours of duty w ithout loss of pay, pro vided that their attendance at such m eetings does not interfere w ith the efficiency, safety and/or security of the V illage's opera tions. If U nion representatives appear at such m eetings w hile off-duty, they w ill do so w ithout com pensation. 7 A R T I C L E 5 NON-DISCRIMINATION CLAUSE 5.1 It is the policy of the V illage that all em ployees have the right to work in an enviro nm ent free of discrim ination and any form of harassm ent based on race, sex, color, religion, ancestry, pregnancy, national origin, age, disability, m arital statu s, fam ilial status, sexual orientation, union activity , union affiliation, or union m em bership. 5.2 All references in this Agreem ent to em ployees are gender neutral. 5.3 An em ployee aggrieved by a violation of this Article m ay not use the grievance and arbitra tion pro visions of this Agreem ent. 8 A R T ICLE 6 D U E S D E D U C T IO N 6. l Effective im m ediately upon receipt of a w ritten authorization fo rm from an em ployee, the V illage agrees, at no cost to the em ployee or the Union, to deduct regular union dues of such em ployee fr om his paycheck biw eekly and rem it such deductions to the duly elected T reasurer of the Union w ithin ten (I 0) working days fr om the date of the deduction. T he U nion w ill notify the Village in writing prior to any change in the regular union dues structure. 6.2 A n em ployee m ay, at any tim e, on fo rm s pro vided by the Union, revoke his union dues deduction and shall subm it such revocation fo rm to the V illage w ith a copy of such revocation fo rm to the U nion. Union dues deductions w ill only be stopped by the V illage on the first pay period in each calendar m onth. 9 A R T I C L E 7 BULLETIN BOARDS 7.1 T he U nion w ill be pro vided w ith a designated bulletin board fo r posting U nion m aterial. 7.2 Such bulletin board space is to be used exclusively by the U nion fo r the purpose of posting U nion business and info rm ation such as: recreational and social activities and m aterial related to em ployee relations m atters. 7.3 The U nion shall not post any m aterials w hich are obscene, defa m atory or im pair the opera tions of the Police D epart m ent. 7.4 T he U nion m ay distribute U nion litera tur e and U nion m aterials thro ugh the em ployees' info rm ational boxes by off-duty personnel. IO ARTICLE 8 INITIAL PROBATIONARY PERIOD 8.1 Pro bation fo r new hires, fo r the purpose of perfo rm ance evaluations and wages, shall be eighteen (18) m onths in dura tion fr om the date of hire. A newly hired pro bationary em ployee m ay be discharged fo r any reason during his pro bationary period. A t the discretion of the Police C hief, an em ployee's initial pro bationary period m ay be reduced to tw elve (12) months. 8.2 T he pro bationary period fo r a new ly pro m oted lieutenant shall be eighteen (18) m onths fr om the date of the pro m otion. At the discretion of the Police Chief, a new ly pro m oted lieutenant's pro bationary period may be reduced to tw elve (12) m onths. If a new ly pro m oted lieutenant fa ils to com plete their pro m otional pro bation, they w ill be placed back into a police sergeant's position. A newly pro m oted lieutenant that fa ils to com plete their pro m otional pro bationary may not use the grievance pro cedur e set fo rth in Article IO of this Agreem ent to challenge their fa ilure to com plete pro bation. 8.3 A ccum ulation of sick tim e w ill be accru ed from the first day of em ploym ent and a non-pro m otional pro bationary em ployee m ay use these days with the subm ission of a valid doctor's certifi cation. 8.4 V acation days w ill be accru ed fr om the fir st day of em ploym ent; however, a non­ pro m otional pro bationary em ployee m ay not use any accrued vacation leave until he has com pleted a m inim um of one (1) year of serv ice. In the event of an extra ordinary circum stance, the Police Chief may, at his discretion, allow up to fo rt y eight ( 48) hours vacation leave. 11 A R T I C L E 9 DISCIPLINARY PROCEDURES 9.1 Em ployees w ill only be disciplined or discharged fo r pro per cause in a pro gressive m anner, except in cases of gro ss m isconduct w hich m ay result in im m ediate discharge. In each case a w ritt en statem ent indicating the preferred charges and the reasons fo r such action shall be presented to the em ployee being disciplined. 9.2 D isciplinary actions taken w ill be fa ir and consistent w ith other such actions taken by the P olice D epart m ent under sim ilar circum stances, utilizing the R ules and Regulations of the Police D epartm ent and any and all other rules and pro cedures of the V illage and Police D epartm ent. 9.3 D isciplinary actions not involving the loss of com pensation fo r the em ployee and suspensions of 12 hours or less are only grievable thro ugh Step 2 of the grievance pro cedure in A rticl e 10 and are not subject to binding arbitra tion. D isciplinary term inations, dem otions and suspensions of m ore than 12 hours are subject to binding arbitra tion if the grievance concern ing said discipline is not resolved at Step 2 of the grievance pro cedure in A rt icle I 0. 9.4 T he V illage w ill fu lly abide by Section 112.532, Florida Statutes know n as the Law E nfo rcem ent B ill of R ights dur ing any intern al investigation of any em ployee. 9.5 A ll disciplinary records shall be purged in accordance w ith State and Federa l records law s. 9.6 A ll com plaints, reprim ands, or other records of disciplinary action against each B argaining U nit em ployee shall be signed by the em ployee as evidence of the entry into the em ployee's personnel fil e. T he Bargaining U nit em ployee shall be given the opport unity to respond to the entry and such response shall be made part of the file. Personnel records w ill be m aintained in com pliance w ith the State of Fl orida law s. 12 A R T I C L E 10 GRIEVANCE AND ARBITRATION PROCEDURE I 0.1 In a m utual effort to pro vide harm onious w orking relations betw een the parties to this A greem ent, it is agreed to and understood by both parties that there shall be a pro cedure fo r the resolution of grievances betw een the parties arising fr om any alleged violation of the specifi c term s of this A greem ent. G rievances relating to alleged violations of the specifi c term s of this Agreem ent shall be pro cessed in the fo llow ing m anner. I 0.2 Form al G rievance Pro cedure ST E P I W henever an em ployee has a grievance, he should fir st present it to the Police Chief in w riting w ith in ten calendar ( I 0) days of the event giving rise to the grievance. T he grievance shall be signed by the em ployee and shall specify all of the fo llow ing. (a) T he date of the alleged grievance; (b) the specific A rticl e or Articles and Section or Sections of this A greem ent allegedly violated; (c) the facts pertaining to or giving rise to the alleged grievance; and (d) the relief requested. The Police C hief m ay info rm ally m eet w ith the em ployee to address the grievance, pro vided that the U nion is pro vided w ith notice and an opportunity to be present. T he Police C hief shall reach a decision and com m unicate in w riting to the em ployee and the U nion representative w ithin ten ( I 0) calendar days fr om receipt of the grievance. ST E P 2 If the grievance is not resolved at Step I, or if no w ritten disposition is made within the Step I tim e lim its, the U nion shall have the right to appeal the Step I decision to the V illage M anager or designee w ithin ten ( I 0) calendar days from the due date of the Step I response. Such an appeal must be accom panied by a copy of the original w ritt en grievance. The V ill age M anager or designee m ay conduct a m eeting w ith the grievant and his U nion representative, if needed. The V illage M anager or designee shat I, w ithin ten ( I 0) calendar days after the presentation of the grievance (or such longer period of tim e as is m utually agreed upon m 13 writing), render their decision on the grievance in writing to the aggrieved employee and the Union representative. I 0.3 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 2, 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 (I 0) calendar days from the date the Step 2 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. I 0.4 A grievance not advanced to the higher step within the time limits provided shall be deemed permanently withdrawn as having been settled on the basis of the most recent decision given. 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. I 0.5 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 ( I 0) 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 ( I 0) calendar days ofreceipt of the list, the parties shall alternately strike names, with the Village striking first. The remaining name shall act as the arbitrator. I 0.6 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. I 0.7 The arbitrator shall have no authority to change, amend, add to, subtract from, or 14 otherw ise alter or supplem ent this A greem ent or any part thereof or am endm ent thereto. T he arbitra tor shall have no authority to consider or ru le upon any m atter w hich is stated in this A greem ent not to be subject to arbitration. The arbitrator m ay not issue declara tory or advisory opinions. I 0.8 C opies of the arbitra tor's decision should be fu rn ished to both parties w ithin thirty calendar (30) days of the closing of the arbitra tion hearing. The arbitrator's decision w ill be final and binding on all parties. I 0. 9 Each party shat I bear the expense of its ow n w itnesses and of its ow n representatives fo r the purposes of the arbitra tion hearing. The parties agree to equally share the A rbitra tor's fe e and any related expenses incl uding any cost involved in requesting a panel of arbitra tors. T he hearing ro om shall be supplied and designated by the V i II age. A ny person desiring a tra nscript of the hearing shall bear the cost of such tra nscript, unless both parties m utually agree to share such cost. I 0.10 U nless otherw ise agreed to by both parties, grievances under this Agreem ent shall be pro cessed separa tely and individually. Accordingly, only one (I) grievance shall be subm itted to an arbitrator fo r decision in any given case. Settle m ent of grievances prior to the issuance of an arbitra tion aw ard shall not constitute a precedent or an adm ission that the Agreem ent has been violated. 15 A R T I C L E 11 S E N I O RI T Y 11.1 Seniority shall be defi ned as the length of tim e of em ploym ent w ithin the Police D epartm ent as a certifi ed law enfo rcem ent offi cer. The V illage agrees to continue recognizing dual em ploym ent (i.e., prior V illage em ploym ent in a different capacity than that in any bargaining unit position) w ithin the V illage fo r the purpose of Longevity Pay. 11.2 Seniority shall be determ ined first by ra nk, second by aggregate tim e serv ed in that ra nk, and third by aggregate length of em ploym ent in the Police D epartm ent. The V illage shall post a Police Li eutenant's seniority list in the Police Station dur ing the m onth of O ctober of each year. 11.3 Seniority fo r purposes of this A greem ent shall accum ulate during le aves of absence w ith or w ithout pay of up to thirty (30) consecutive days. W ith respect to leaves of absence in excess of thirty (30) consecutive days, accru al of seniority w ill recom m ence upon return to duty . Seniority shall be bro ken w hen a L ieutenant voluntarily term inates or is discharged fo r cause. A ny exceptions to this Section shall be at the sole discretion of the C hief of Police. 11.4 Pro cedures fo r the A ssignm ent of Lieutenants A . T he P olice C hief or his designee shall establish a bid system fo r all B argaining U nit em ployees assigned to Patro l. T he system fo r shift selection shall take place every six (6) m onths beginning w ith the first Saturday of the m onth of Ja nuary and July. T he bidding fo r shifts w ill be according to seniority. B . T he Police C hief has the sole discretion to assign the Bargaining U nit em ployee of his choice to the position of Adm inistra tive L ieutenant or any new ly created non-shift Li eutenant position. 16 ARTICLE 12 LAYOFF AND RECALL 12.1 Lay Off In the event that the Village eliminates any lieutenant positions, employees will be impacted in reverse order of rank seniority. A lieutenant whose position is to be eliminated shall be given the opportunity to displace a less senior certified law enforcement officer in the classification of a sergeant or police officer, provided the lieutenant has more departmental seniority than such sergeant or police officer. When possible, employees shall receive fifteen ( 15) calendar days notice prior to a layoff. 12.2 Recall A. Lieutenants m layoff status will retain recall rights for twelve ( 12) months. Recall shall be made by certified mail to the last address in the lieutenant's records, along with any address on file with the Union. The lieutenant 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. A lieutenant, 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 lieutenants are recalled from layoff, the lieutenant 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. Lieutenants who are recalled from layoff shall receive a rate of pay based upon the current schedule in effect at the time of recall. E. No new lieutenants shall be hired until all lieutenants on layoff status have been notified of return to work. 17 12.3 Em ployees shall lose their seniority as a result of the following. A. Term ination/Resignation; B . Retirem ent; C . Absence w ithout authorized leave; and/or D . Being fo und m edically unfit fo r duty on a perm anent basis upon one (I) year of continuous absence. 18 A R T I C L E 13 WORK WEEK AN D 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 (I) hour paid break period or two (2) thirty (30) minute breaks during a regular eight (8) 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 shift assignments are required, the employee will be given at least five (5) days advance notice. When shift 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: All authorized work performed in excess of forty (40) hours in a given workweek shall be paid at the rate of time and one-half (1-1/2) of the employee's regu tar hourly rate of pay. 13.7 Call-back Pay: When a bargaining unit employee is required to report back to work at a time not contiguous to their regularly scheduled eight (8) hour workday, they shall be guaranteed a minimum of four (4) hours pay at their overtime rate. "Contiguous to shift" shall be defined as a period of time not anticipated to exceed one (I) hour at the beginning or end of a bargaining unit employee's shift. 19 13 .8 C ourt A ppeara nces: Bargaining unit em ployees w ho are required to make Court appeara nces at a tim e non contiguous to the beginning or end of their shift shall be paid a m inim um of three (3) hours at tim e and one half ( 1-1 /2) their regular hourly ra te fo r such required Court appeara nces. In the event the em ployee is held beyond the guara nteed m inim um three (3) hour period, they shall be com pensated at tim e and one half ( 1-1/2) to the nearest quarter hour fo r the period of tim e his presence is required by the C ourt . In the event that a bargaining unit em ployee assigned to the 11 :00 p.m . to 7:00 a.m . shift spends m ore than five (5) hours in Court preceding the com m encem ent of their shift fo r that day, they shall not be required to report to w ork if scheduled fo r that sam e day. H ow ever, the tim e off w ill be charged against their choice of accum ulated leave and they must notify the Chief of Police. 13 .9 A ll bargaining unit em ployees shall be com pensated fo r all overtim e w ork as described above as it occurs or they may accum ulate com pensatory leave in accordance this A rticle. 13 .10 H olidays, vacation days and other paid tim e off to w hich a sw orn police offi cer is entitled as a m atter of right under or by virtue of any ordinance of the V illage or this A greem ent shall be considered as tim e w orked fo r the purposes of seniority, longevity or other m atters w here tenure is a fa ctor. 13 .11 C om pensatory T im e: B argaining unit em ployees shall have the option of overtim e pay or com pensatory tim e off in lieu of overtim e pay fo r hours worked m an overtim e statu s, as set fo rth below : 13 .11.1 A ll hours w orked in an appro ved overtim e status shall be paid at tim e and one half (I ½ tim es) an em ployee's regular rate of pay unless the em ployee and the Chief of Police or designee m utually agree in advance and in w riting that the overtim e w ill be banked com pensatory tim e in lieu of overtim e pay. C om pensatory tim e shall be credited at the rate of one and one-half ( 1-1 /2) hours of com pensatory tim e fo r each hour of authorized 13.11.2 overt im e w orked. 20 13.11.3 13 .11.4 13.11.5 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. 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. Compensatory time may be accumulated up to three hundred and sixty (360) hours. Employees will be allowed to roll-over twenty four (24) hours per fiscal year. 21 A R T I C L E 1 4 L E A V E S O F A B S E N C E 14 .1 T he Police C hief m ay recom m end that an em ployee be gra nted a leave of absence w ithout pay fo r the purpose of entering upon a course of tra ining or any study calculated to im pro ve the quality of service. N o benefits, except seniority if such leave is less than thirt y (30) consecutive days, shall accru e during this period of leave. 14 .2 A ll applications fo r a leave of absence w ithout pay, including any application under Section 14 .1 above, shall be w ithin the exclusive discretion of the Chief of Police. 14 .3 A n em ployee gra nted a leave of absence, upon the term ination and/or expira tion of the leave, w ill retu rn to the sam e job classifi cation and ra te of pay currently in effect fo r that classifi cation. 22 A R T I C L E 1 5 J O B C O N N E C T E D D I S A B I L I T Y 15 .1 W henever an em ployee sustains an injury com pensable under Chapter 440, Florida Statutes, as the sam e m ay be am ended fr om tim e to tim e, the V illage shall pay the em ployee the difference of the em ployee's salary including any adjustm ents at the tim e of the injury and com pensation w age benefits received until the em ployee reaches m axim um m edic al im pro vem ent or is authorized to return to w ork in a light duty status, w hichever com es first. This Section shall apply only to the first thirty (30) consecutive calendar days an em ployee is off duty due to an injur y com pensable under w orkers' com pensation. T hereaft er, the em ployee m ay continue to receive fu ll pay by utilizing accru ed sick leave, annual leave, or other paid leaves to supplem ent the com pensation w age benefit s he receives under w orker's com pensation. The V il lage M anager m ay, in their discretion, extend the thirty (30) calendar day period hereunder fo r additional periods if they determ ine that the circum stances surro unding the on-the-job injury w ere such as to w arra nt the em ployee receiving special considera tion. A ny such extension(s) shall be in thirty (30) day increm ents. 15 .2 W hile on a job connected disability leave, em ployees shall be entitled to all benefits as pro vided by the V illage policy or by this A greem ent, including the accru al of com pensated tim e off. 15 .3 A ny em ployee injured on the job shall be paid his fu ll day's w ages fo r the day of the accident if his treating physician directs that he should not return to w ork that day. 15 .4 T he V illage shall m ake a good fa ith effort to place a bargaining unit em ployee injured on the job in a light duty job consistent w ith his physical and m ental capabilities and lim itations as determ ined by a qualified physician. D uring the period of his light duty job, the em ployee shall receive his regular pay and benefits. Li ght duty jobs m ust involve pro ductive w ork (i.e., no "m ake w ork" jobs). All light duty jobs m ust be appro ved by the V ill age M anager. 23 15.5 Any em ployee fo und to have engaged in any ty pe of worker's com pensation fraud, w ill be subject to im m ediate term ination from em ploym ent. 24 A R T I C L E 1 6 S A F E T Y & HEALTH 16 .1 T he V illage and the U nion w ill coopera te in the continuing objective of elim inating accidents and health hazards. 16 .2 Em ployees covered by this A greem ent shall not be required to use a vehicle or piece of equipm ent reasonably deem ed unsafe. W ith respect to vehicles, the term reasonably safe shall relate to bra kes, tires, lights, police em ergency flashers, horn s, sirens and/or steering. 16 .3 W henever an em ployee covered by this Agreem ent feels that a vehicle or other equipm ent is unsafe and, therefo re, unfi t fo r serv ice because it is a hazard to the em ployee(s) or to the public, or both, he shall im m ediately info rm his Supervisor. If the Superv isor concurs, the unsafe vehicle or other equipm ent shall not be used until it has been inspected and determ ined safe. Should the Superv isor not concur, the em ployee shall docum ent such unsafe condition and Supervisor's com m ents in w riting and fo rw ard it to the C hief of Police via the C hain of Com m and. Em ployees com ing on or going off-duty shall report any defects w ith respect to the vehicle opera ted or to be opera ted during a shift to the Supervisor. 16 .4 If the unsafe equipm ent 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 w here it is deem ed unsafe. A n em ployee shall not be required to deliver such an unsafe vehicle to a place of repair. H ow ever, if the nature of the unsafe condition is such that the vehicle can be driven to a place of repair by the em ployee w ithout hazard to the em ployee(s) and/or to the public, the em ployee shall do so. The em ployee's Supervisor shall m ake final determ ination as to w hat action shall be taken. 16 .5 N o vehicle or piece of equipm ent dead lined shall be released fr om dead line until inspected and/or repaired by com petent mechanical personnel. Em ployees shall not be required to perfo rm repairs on the V illage vehicles. 16 .6 Em ployees unassisted w ill not be required to transport persons detained in a vehicle not equipped w ith a cage, except in an em ergency, and then the tra nsporting officer w ill be assisted by another em ployee. 16 . 7 Shotguns or rifl es shall be cage-m ounted in the fr ont area of each patro l vehicle, 25 pro vided that if there is no cage, shotguns or rifles shall be secured in the trunk of the vehicle. 16.8 Each em ployee, prior to com m encing his tour of duty, shall be issued a portable radio. N o em ployee shall be fo rced to w ork his tour of duty w ithout having in his possession an operable portable radio, provided, how ever, that in managem ent's discretion, an em ployee not having an operable portable radio m ay be reassigned to other duties w here a portable radio is not necessary. 16.9 Annual firearm s training shall be provided by the Village. 16.10 Em ployees shall not be required to transport live anim als in patrol vehicles. 26 A R T I C L E 1 7 P H Y S I C A L A N D S U B S T A N C E A B U S E E X A M IN A T IO N S 17 .1 T he V illage strives to pro vide a safe, healthfu l and pro ductive w ork enviro nm ent fo r its em ployees and adopts a zero tolera nce fo r dru g and alcohol abuse in the w orkplace. 17 .2 T he V illage, as part of its m edical exam ination pro cess during pre-em ploym ent physicals, during a fitness fo r duty exam ination ofa n em ployee w ho is experiencing job related pro blem s w hich are of a physical and/or mental nature, after the occurrence of a preventable accident and during the annual physical exam inations schedule as specifi ed in Section 17.3 m ay require the em ployee to subm it to dru g and/or alc ohol abuse testing. 17 .3 T he V illage shall have a m andatory biennial physical exam ination fo r each em ployee. U pon receipt of a physician's cleara nce, a baseline Thallium Stress Test shall be part of each physical exam ination fo r em ployees fifty (50) years of age or older. 17 .4 T he V illage reserv es the right to ra ndom ly perfo rm dru g and/or alcohol tests on m em bers of the bargaining unit at the discretion of the C hief of Police. The V illage also reserves the right to perfo rm dru g and/or alcohol testing w hen a Police D epart m ent supervisor reasonably suspects an em ployee to be under the influence of an illicit narcotic substance or alcohol in the w orkplace. 17 .5 T he fo llow ing cutoff concentra tions shall be applicable fo r determ ining w hether specim ens are negative or positive fo r the fo llow ing dru gs or classes of drugs fo r the testing pro cedure. A positive result shall be a concentra tion in excess of those lim its below . Marijuana (Cannabinoids) Cocaine Opiates (Heroin, Morphine, Codeine) Phencyclicline (PCP) Amphetamines Methaqualone 27 Initial Test Level <ng/mL} 50 JOO 300 25 500 JOO Me t h a do n e P r op o xyp h e n e Tr i cy cl ic A n t idep r e s s a n ts B a r b i tu r a te s A l c o h o l (E th a n o l) 300 300 300 300 0.02 g% 17 .6 A nalysis of specim ens shall be perfo rm ed only by labora tories licensed or certified by the State of Florida, A gency fo r H ealth C are Adm inistration (A H C A ) or the Federa l Substance A buse and M ental H ealth Serv ices Adm inistra tion (SA M H SA ), utilizing qualifi ed sites and em ploying collectors tra ined to fo llow authorized collection pro tocols and pro perly m aintain legal specim en chain-of- custody. 17 .7 A C ertifi ed M edical R eview O ffi cer (M R O ) shall review all negative and confir m ed positive labora tory reports. C onfi rm ed positive results shall only be reported to the V illage after the M R O has ascertained that personal prescriptions or other legal substances do not account fo r the labora tory findings. In vestigations m ay incl ude, as appro priate, telephone contact w ith the em ployee and any prescribing physicians. E m ployees m ay consult the V illage appointed M R O concern ing drugs and/or dru g gro ups that m ay be tested fo r under this policy. 17 .8 A ll positive initial tests shall be confi rm ed using gas chro m atogra phy/m ass spectro m etry (G C /M S) or an equivalent or m ore accura te scientifi cally accepted m ethod. A confir m ed positive testing em ployee w ill be given a N otice of Positive D rug Test R esult letter containing both, the labora tory and M R O 's telephone num bers as w ell as pert inent info rm ation concern ing the dru g and/or alcohol test result challenge/appeal pro cess. W ithin five (5) w orking days of receiving w ritten notice of a confi rm ed positive test result w hich has been verifi ed, em ployees m ay subm it to the V illage and/or M R O explaining or contesting the test results. If the V illage disagrees w ith the em ployee's position, it shall respond w ithin fifteen (1 5) days fr om the receipt of a fo rm al challenge of the test results. If the em ployee w ishes to m aintain the challenge, w ithin thirty (30) days fr om the receipt of the V illage's w ritten response, the em ployee m ay appeal to a Court of com petent jurisdiction and/or a Judge of C om pensation C laim s (if a w orkplace injury has occurred). U pon initiating a challenge, it shall also be the em ployee's responsibility 28 to notify the testing labora tory w hich m ust retain the specim en until the case is sett led. 17 .9 A ll info rm ation, including interv iew s, reports, statem ents, mem ora nda, and dru g test results, w ritten or otherw ise, received by the V illage as a result of a dru g­ testing pro gra m are confi dential and exem pt from the pro visions of 119.07( I), Florida Statutes, and shall only be released in accordance w ith federa l, state and local law s. 17 .10 N othing in this A rticle is intended to pro hibit the prescribed use of legally obtained m edications w hich m ay contain contro lled substances w ithin the drugs and dru g gro ups tested fo r in this Article. Because of potentially im pairing side- effects w hich could endanger the em ployee, cow orkers, or the public, upon being prescribed such m edications, all em ployees have a duty to contact the M RO before they report to w ork. T he M R O w ill determ ine w hich duties (if any) the em ployee m ay perfo rm w hile taking the im pairing or potentially im pairing medication(s) and w ill so notify the Police Chief or his designee. 17 .11 Em ployees m ay contact the V illage's M R O to ask questions concern ing prescribed m edications they are taking fo r clarification pur poses involving fitness fo r duty assessm ents. 17 .12 T o discoura ge the use and/or distribution of illegal dru gs and/or alcoholic beverages in the w orkplace, upon reasonable suspicion, searches fo r alcohol, dru gs and/or para phern alia m ay be conducted on the V illage's pro perty or w orksites of areas accessible to em ployees, including, but not lim ited to V illage owned vehicles, equipm ent boxes, lockers, desks, etc. D iscovered illegal item s w ill be referred to law enfo rcem ent fo r disposition. 17 .13 D isciplinary consequences fo r violating this Articl e are the im m ediate discharge of the em ployee fo r pro per cause and the potential denial of U nem ploym ent C om pensation as specifi ed per Section 443.101, Fl orida Statutes. An em ployee injured and subsequently confi rm ed positive fo r dru g and/or alcohol based upon post-accident testing results shall likew ise be term inated from em ploym ent and m ay lose W orkers' C om pensation benefits. 17 .14 A ny decision m ade or action taken w hic h adversely affects the em ployee under this A rticle is subject to the grievance and arbitra tion pro cedure of this Agreem ent. 29 A R T I C L E 18 LEGAL REPRESENTATION 18.1 W henever a civil suit in tort is brought against an em ployee for injuries or dam ages suffered as a result of any act, event, or om ission of action which is alleged to have occurred w hile the em ployee w as on duty or acting within the scope of his em ploym ent, the Village shall investigate the circum stances to determ ine whether the em ployee acted in bad faith or w ith m alicious purpose or in a m anner exhibiting w anton and w illfu l disregard of hum an rights, safety, or property. 18.2 If the V illage determ ines that the em ployee did not act in bad faith or w ith malicious purpose or in a m anner exhibiting w anton and willful disregard of hum an rights, safety or pro perty, the Village shall undertake the defense of the em ployee as required by law. Said defense shall cease upon judicial finding, or finding by the V illage, that the em ployee acted in bad faith or w ith m alicious purpose or in a m anner exhibiting w anton and w illfu l disregard of hum an rights, safety , or pro perty. 30 A R T I C L E 19 OFF-DUTY POLICE WORK 19.1 Off-duty police work as authorized by the Police Chief shall be compensated at the rate of sixty dollars ($60.00) per hour for all police lieutenants. However, when a detail requires four (4) or more employees, whenever possible, one of the four employees shall be a supervisor. Where a police lieutenant supervises three (3) or more employees on an off duty detail, the lieutenant shall be compensated at the rate of sixty-five dollars ($65.00) per hour. These rates shall not be negotiable and shall apply to all off-duty work, unless it is an approved off-duty outside Village jurisdiction. If no supervisor is available to work the detail, then the on-duty supervisor shall be assigned to monitor the detail. There shall be a flat administrative fee of twenty-five dollars ($25.00) 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 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 above at time and one-half. 31 A R T I C L E 2 0 S E V E RA B I L I T Y A N D Z I P P E R C L A U S E 20.1 Should any pro vision of this A greem ent, or any part thereof, be rendered or decl ared invalid by reason of any existing or subsequently enacted state or federa l law , or by any decree of a cour t of com petent jurisdiction, all other articles and sections of this A greem ent shall rem ain in fu ll fo rce and effect fo r the dura tion of this A greem ent. The parties agree to im m ediately m eet and confer concern ing any invalidated pro vision(s). 20 .2 The parties acknow ledge that during the negotiations w hich resulted in this A greem ent, each had the unlim ited right and opportunity to m ake dem ands and pro posals w ith respect to any subject or m atter not rem oved by law fr om the area of collective bargaining and that the understanding and agreem ent arrived at by the parties after the exercise of that right and opport unity are set fo rth in this A greem ent. T herefo re, the V illage and the U nion, fo r the life of this A greem ent, and unless otherw ise specifi ed, each voluntarily and unqualifi edly w aives the right and each agrees that the other shall not be obligated to bargain collectively w ith respect to any subject or m atter referred to or covered by this Agreem ent and w ith respect to any subject or m atter not specifi cally referr ed to or covered in this A greem ent, even though such subject or m atter m ay not have been w ithin the kn ow ledge and-contem plation of either or both of the parties at the tim e they negotiated or signed this A greem ent. T his Agreem ent contains the entire A greem ent of the part ies on all m atters relative to w ages, hours, term s and conditions of em ploym ent as w ell as all other m atters, w hich w ere or could have been negotiated prior to the execution of this Agreem ent. This Section does not pro hibit the parties fr om entering into negotiations concern ing the term s of a successor A greem ent. N or does this Section w aive the U nion's right to bargain over changes in m andatory subjects of bargaining and the im pact of changes in non­ m andatory subjects of bargaining. 32 A R TICLE 21 M ISCELLA NEO US PR OV ISIO N S 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. I. 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 they are 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 their absence, the Village official so designated by law to act in their absence, it is determined 33 that a civil em ergency conditions exist, including but not lim ited to riots, civil disorders, hurricane conditions or sim ilar catastrophes, the provisions of this Agreem ent m ay be suspended by the Village M anager or designated Village Offi cial during the tim e of the declared em ergency, provided that wage rates and m onetary fringe benefits and the proper cause provision shall not be suspended. 21.4 Em ergencies For the purpose of this Agreem ent, em ergencies shall be defined as situations where it is clearly necessary to pro vide basic m inim um services w here no regularly scheduled em ployee is available. 34 ARTICLE 22 HEALTH AND 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 ( I 00%) of the cost of the basic plan 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. Fo r 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. 35 ARTICLE 23 MAINTENANCE OF STANDARDS 23. l 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. 36 ARTICLE 24 HOLIDAYS 24. l The Village recognizes the following twelve ( 12) paid holidays granted per year: N ew Year's Day M artin Luther King's Birthday President's Day M em orial Day Juneteenth Independence Day Labor Day Colum bus Day V eteran's Day Thanksgiving Day Day after Thanksgiving Christm as Day 24.2 If an em ployee is scheduled to work a holiday and actually works the holiday, they shall receive pay at tim e and one-half for all hours worked on the holiday. If an em ployee is not scheduled to work a holiday but is called in to work the holiday, they shall receive pay at tim e and one-half for all hours worked on the holiday and a floating holiday w hich m ay be used w ithin one calendar year of the holiday with the appro val of the Chief of Police. Em ployees (whether they are on or off duty) shall not receive eight (8) hours of pay for an holiday. 24.3 In Year 3 of this Agreem ent, if an em ployee actually works on the holiday, they shall receive pay at double their regular hourly rate for all hour s worked on the holiday. Em ployees w ho do not work on the holiday shall receive eight (8) hours of stra ight pay. 24.4 N on-Shift em ployees are entitled to four (4) additional personal leave days per year, one of w hich m ay be the em ployee's birthday. Shift em ployees are entitled to two (2) personal leave days per year. Perm ission to take a personal leave day off must be done w ith the perm ission of the Chief of Police thro ugh the chain of command. Personal days cannot be carried over from year to year and are not to be paid upon separation from em ploym ent. 37 A R T I C L E 2 5 S H I F T P A Y D I F F E RE N T I A L 25.1 Shift pay differential shall only apply to night shift lieutenants w ho work a m inim um of six (6) hour s betw een 6:00 p.m . and 7:00 a.m ., such em ployee shall receive a five percent (5%) increase to their base pay fo r each such hour w orked. / 38 AR TICLE 26 WAGES AN D LONGEVITY 26.1 Wages A. Graded Service Salary Plans ("GSSP") • The Village shall maintain a IO step GSSP for all employees. Appendix "A" hereto contains the pertinent GSSP for FY 2024. Employees will move to the next steps of the GSSP on their anniversary dates. B. COLAs I. FY 2024-- bargaining unit employees employed on October I, 2023 · 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 2022 to April 2023 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 five and one-half percent (5.5%), the salary increase will be five and one­ half percent (5.5%) and if the CPI is negative, employees will not receive a salary increase. FY 2024 COLA wil I be paid retroactive to October 1, 2023. 2 FY 2025 -- bargaining unit employees employed on October 1, 2024 shall 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 2023to April 2024 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 2026 -- bargaining unit employees employed on October 1, 2025 shall 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 2024 to April 2025 based 39 o n th e C P I fo r A ll U rban C o nsu m e rs fo r the M iam i-F ort L aud erdale A rea (all item s in d ex ) pu b lished by the U .S . D epartm ent of L abo r B ureau of L abor S tatistic s. H ow ever, if the C P I is m o re than fo u r percent (4 %), the salary in c rease w ill b e fo ur p ercent (4 %) an d if the C P I is neg ative, em p loyees w ill no t rece iv e a sa la ry in crease . 2 6 .2 L o n g ev ity P ay A . E m p lo y ees w ill receiv e a fi v e percent (5%) pay in crease up o n the com pletion of 15 an d 20 y ears o f serv ice. 2 6 .3 S p e c ia liz ed U n its A . E m p lo y ees w h o serve in any of the fo llo w ing sp ecialized un its sha ll receive assig n m e n t pa y o f fi v e p ercent (5%) add ed to their base pay : • M arin e P atro l -5 po sitio n s • M o tors-5 po sitio ns • F irea rm s Instru cto r-5 po sitio ns • P o lic e D etectiv e -3 po sitio ns E m p lo y ees w h o serv e in any of the fo llo w in g specia lized un its shall receiv e assig n m e n t pay o f three percent (3%) add ed to their base pay: • S c h o o l R eso urce O ffi cer (S R O )-3 po sitio ns E m p lo y ees w ho se rve in an y of the fo ll o w in g specia lized un its sha ll receive assig n m e n t pay o f tw o percent (2%) add ed to their base pay: • V illa g e R esou rce O ffi cer (V R O )-3 po sitio ns E m p lo y ees w h o serv e in any of the fo llo w in g ro les shall receive assig nm ent pay of o n e pe rcen t (I %) add ed to the ir base pay : • P u b lic Info rm a tio n O ffi cer (P IO ) - 2 po sitio n s • B a ckg ro u nd Inv estig ator/Intern al A ffairs E m p lo y ee s w h o serv e in th e P o lice R ifl e P ro g ra m shall receive assig nm ent pay as fo ll o w s: Y ea r l :4 % Y ea r 2 : 2% Y ea r 3 : 0% T h e re w ill be no cap to the nu m b er of em p loy ees in the P o lice R ifl e P ro gra m . B . No employee shall receive more than a total of five percent (5%) assignment pay at any given time. 40 ARTICLE 27 SICK LEAVE 27.1 E m ployees w ill be credited w ith tw elve (12) hour s of sick leave per m onth fo r a total of one hundred and fo rty-fo ur ( 144) hours of sick leave per year. 27.2 Em ployees w ith 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 tim es, subject to a m axim um conversion of 120 hours/year. The ra te of conversion fr om sick to vacation leave w ill be as fo llows: • Em ployees w ho use 3 days or less of sick leave in the prior year m ay convert at I 00% ra te (i.e., IO hours of sick leave converts to IO hours of vacation leave). • Em ployees w ho use 4 days of sick leave in the prior year m ay convert at 75% ra te (i.e., IO hours of sick leave converts to 7 .5 hours of vacation leave); and • E m ployees w ho use 5 or m ore days of sick leave in the prior year m ay convert at 50% ra te (i.e., IO hours of sick leave converts to 5 hours of vacation leave). This sick leave conversion w ill be utilized by the V illage on a trial basis fo r FY 20 19 and the V illage reserv es the right to discontinue this pro gra m after that year. 27.2 U pon separa tion of em ploym ent fr om the V illage, an em ployee shall be paid out fo r up to 480 hours of his/her accru ed sick leave at a ra te often (10%) percent per year up to a m axim um of one hundred ( I 00%) percent after ten ( I 0) years of service at the em ployee's avera ge hourl y ra te of pay during his/her em ploym ent w ith the V illage. For exam ple, if the em ployee has 5 years of serv ice w hen they separa te fr om serv ice and has 700 hours of accrued sick leave, they shall receive a paym ent fo r 240 hours of leave (50% x 480 hours). 41 A R T I C L E 28 LABOR MANAGEMENT CONFERENCE 28 .1 In the interest of effective com m unication either party m ay, at any tim e, request a Labor-M anagem ent C onference. Such request shall be m ade in w riting and be presented to the other party five (5) calendar days in advance of the requested m eeting date. T he w ritt en request shall include an agenda of item s the party w ishes to discuss and the nam es of those representatives w ho w ill be attending. A Labor­ M anagem ent C onference shall be scheduled w ithin ten (I 0) days of the date requested. 28 .2 T he purpose of such m eeting shall be lim ited to: A . D iscuss the adm inistra tion of the Agreem ent; B . N otify the U nion of changes m ade by the E m ployer w hich affect Bargaining U nit em ployees; C. D iscuss grievances w hich have not been pro cessed beyond the final step of the G rievance Pro cedure w hen such discussions are m utually agreed to by the part ies; D . D issem inate genera l info rm ation of interest to the parties; E . G ive the U nion R epresentatives the opportunity to share the view of their m em bers and/or m ake suggestions on subjects of interest to their m em bers; F . D iscuss w ays to increase pro ductivity and im pro ve effi ciency; and G . C onsider and discuss health and safe ty m atters related to em ployees. 28.3 Both the V illage and the U nion agree to abide by all agreem ents reached and stated in Lett ers of U nderstanding resulting fr om Labor/M anagem ent C onferences. A Letter of U nderstanding is defined as an instru m ent thro ugh w hich both parties m utually agree to the interpretation of an existing A rticle in the current contra ct. It cannot be used to m ake additions or deletions to the existing Agreem ent. M odifi cations to the C ontra ct m ust be m ade thro ugh am endm ent. 42 A R T I C L E 2 9 L I N E O F D U T Y D E A T H 29.1 Any fu ll tim e Bargaining Unit em ployee who is killed in the performance of their offi cial duties (portal to portal included) or who subsequently dies from injuries w ithin twelve (12) m onths of the incident from his injuries shall be given an im m ediate prom otion to the next highest rank at the same salary step they were in at the tim e of their death. All accum ulated but unpaid vacation, holidays, sick time, regular pay, overtim e pay, and any other pay as may be due and owed to them will be paid at the hourly rate of the newly pro m oted rank to the em ployee's estate or designated survivor. 43 A R T I C L E 3 0 E M P L O Y E E R E P L A C E M E N T P R O G RA M 30.1 B argaining U nit E m ployees w ill be allow ed to exchange shifts w hen such exchange does not interfere w ith the opera tions of the Departm ent or create any additional cost to the V illage. A ll requests m ust be m ade in w riting in an "Em ployee R eplacem ent R equest Form " indicating w hen the shifts w ill be w orked and paid back and they m ust be appro ved fo rty-eight ( 48) hours prior to the start tim e of the shift to be exchanged. E m ployees w ho agree to w ork a shift fo r another em ployee are subject to discipline fo r non-attendance. 30.2 Bargaining U nit Em ployees shall not be eligible to receive sick leave fo r any day w hich they are scheduled to w ork in the exchange of days off. A ll tra des shall have the appro val of the C hief of P olice or his designee. Bargaining U nit M em bers m ay tra de only w ith another B argaining U nit M em ber. N o additional tra des shall be m ade by a B argaining U nit E m ployee until the first tra de day has been repaid. 44 A R T I C L E 3 1 U N I F O R M I S S U A N C E /M A I N T E N A N C E A L L O W A N C E 31.1 T he V illage agrees to fu rn ish at no cost to the B argaining Unit Em ployee the fo llow ing item s in suffi cient quantities as determ ined by the Chief of Police: A . Standard ro und navy blue hat w ith plain visor and gold cloth band. B . B lack baseball type cap. C . L ong sleeved navy blue shirt. D . Short sleeved navy blue shirt. E . G old "P" buttons. F. N avy blue uncuffed tro users. G . G old m etal nam e place centered on the right pocket flap, the top even w ith the upper seam fo r sergeant and above. H . B lack tie. I. H eavy jacket. J. W indbreaker. K . A ppro priate issued ra ingear. L. Plain-toed black shoes. M . M ilitary style boots. N . D uty belt. 0 . G arrison belt and pancake holster fo r all bargaining unit m em bers assigned to adm inistra tion. P. W hite O uter B anks type shirt. Q. N avy blue short s. R . Plain sneakers (pro vided the em ployee requests and w ears a class C unifo rm ). S. D uty belt w ith required equipm ent. T . B D U shirt. (T his is a standard m ilitary battle dress unifo rm shirt, black in color.) U . T-shirt black in color, w ith the V illage of K ey B iscayne Police O ffi cer's badge and the w ords K ey B iscayne and Police screen­ printed in the left breast area. T he w ord K ey B iscayne Police w ill 45 be screen printed across the upper back portion of the shirt. V. BOU pants. (This is a standard military battle dress uniform pants, black in color.) W. Members will be issued black nylon webbed gear as follows: (I) 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. (I 0) Baton holder. ( 11) Radio holder. ( 12) Firearm. ( 13) Asp Baton. ( 14) Keepers. (15) Rain boots. ( 16) Reflective traffic vest. ( 17) Hazard black bag. ( 18) P.P.E. suit. ( 19 ) Florida Law Enforcement Handbook. (20) IPTM template. (21) Handcuffs. (22) Pepper spray. (23) Plastic whistle. (24) Leatherman. (25) Streamlight brand rechargeable flashlight. (26) Radio. 46 X . Body A rm or: (I) V illage of K ey B iscayne Police D epartm ent w ill issue a current class III A B ody A rm or to all Bargaining U nit Em ployees. 31.2 The cost of any unifo rm changes dictated by the V illage shall be born e by the V illage. 31.3 A ll B argaining U nit Em ployees shall be entitled to an annual unifo rm m aintenance allow ance of seven hundred and seventy ($77 0.00) dollars. The allow ance w ill be paid retro active to O ctober 1, 2023 and be paid on O ctober l " of each subsequent year of this A greem ent. 47 AR TIC LE32 PR O FESSIO N AL EN H AN C EM EN T 32.1 A ll Bargaining U nit em ployees w ho are ordered to attend off-duty courses by the Police D epartm ent shall be paid at the prevailing overtim e ra te, pro vided that such courses are in addition to their regularly scheduled hours of w ork fo r that w eek. If Bargaining U nit em ployees attend off-duty courses in lieu of their regularl y scheduled hours of w ork, they w ill be paid fo r such tra ining at the prevailing stra ight tim e ra te. 32.2 B argaining unit em ployees are eligible fo r reim bursem ent of the cost of tuition and books fr om an accredited school fo r the courses taken depending on the gra de achieved by the em ployee as outlined below . G ra de A : I 00% reim bursem ent G rade B : G ra de C : 75% reim bursem ent 50% reim bursem ent Less than C : 0% reim bursem ent W ithdra w al: 0% reim bursem ent. The am ounts of reim bursem ent w ill be applied to the difference betw een the cost of tuition and any financial aid the em ployee receives fr om other sources including, but not lim ited to, gra nts, scholarships, vetera ns' benefi ts or vouchers. The m axim um am ount that an em ployee shall be reim bursed is $12,000 per fiscal year. 32.3 R equests fo r tuition reim bursem ent shall be m ade fo r each course and the decision to reim burse the em ployee shall be m ade separa tely as to each course fo r w hich the em ployee is seeking reim bursem ent. E very request fo r tuition reim bursem ent shall be subm itted along w ith all supporting docum entation prior to enro llm ent and shall be subject to the prior appro val of the C hief of Police and V illage M anager. O nly cour ses that are directly related to an em ployee's job w ill be appro ved fo r reim bursem ent. T he C hief of Police and V illage M anager, in their sole discretion, w ill determ ine w hether the course fo r w hich an em ployee is seeking reim bursem ent is directly related to the em ployee's job. Their decision shall be final in all respects and shall not be subject to the grievance pro cedure in Articl e IO of 48 this A greem ent. 32.4 In the event an em ployee voluntarily leaves V illage em ploym ent or is term inated fr om V il lage em ploym ent w ithin one (I) year of their com pletion of any course of instru ction fo r w hich the V illage has made any paym ent hereunder, that em ployee shall reim burse the V illage one hundred percent (I 00%) of such reim bursem ent. In the event that an em ployee voluntarily leaves V illage em ploym ent or is term inated more than one (I) year but less than tw o (2) year after the com pletion of any cour se of instru ction fo r w hich the V illage has m ade any paym ent hereunder, that em ployee shall reim burse the V illage fo r fifty percent (50%) of the V illage reim bur sem ent fo r such courses. 32.5 Em ployees w ill be pro vide w ith an annual stipend fo r advanced degrees related to their line of w ork, as determ ined by the Police Chief, in the am ount of fo ur hundred dollars ($400) fo r an Associate's degree and eight hundred dollars ($800) fo r a B achelor's degree or higher. The stipend w ill be paid retro active to O ctober I, 2023 and be paid on O ctober I st of each subsequent year of this A greem ent. 49 A R T I C L E 3 3 P E N S I O N 33 .1 The current benefi t and em ployee contributions in the Police portion of the Police O ffi cers and Firefi ghters R etirem ent Plan (the "Plan"), as codifi ed in C hapter 23 "R etirem ent" of the V illage C ode (including but not lim ited to the D R O P Plan), shall rem ain in effect. T he fo llow ing changes w ere m ade in connection w ith the ra tifi cation of the 20 17 -2020 A greem ent: 33.1.1 The V illage's annual contribution into the Plan shall be capped at 20% of the P lan's covered payro ll fo r all police m em bers contributing to the Plan using the defi nition of Salary pro vided in the Plan. A ny am ount over 20% of covered Payro ll shall be the responsibility of the em ployees. 33.1.2 T he m inim um fu nded ra tio fo r the Police portion of the Plan shall be eighty percent (80%) based on an assum ed ra te of return of 7.5%. If the fu nded ra tio of the Police portion of the P lan fa lls below the m inim um fu nded ra tio, the P lan's m ultiplier shall be autom atically reduced fo r pro spective serv ice to the extent necessary to keep the Police portion of the Plan's fu nded ra tio over 80% or, altern atively, the em ployees shall have the option of paying off any unfu nded liability necessary to achieve an 80% fu nded ra tio or of m aking other design changes to the Police portion of the Plan so that the Police portion of the fu nded ra tio exceeds 80%. In lieu of reducing the m ultiplier, should the em ployees w ish to increase the em ployees' contribution to m aintain the m inim um fu nded ra tio, the U nion and the bargaining unit of the V illage's police offi cers and sergeants shall pro vide the V i I I age w ith w ritt en notifi cation prior to A ugust I st preceding the fiscal year in w hich the fu nded ra tio of the Police port ion of the Plan fa lls below 80%. 33.1.3 E ffective O ctober I, 2017, the m onthly retirem ent benefi t shall be equal to 3.00% of A vera ge Final C om pensation fo r each year of Credited Serv ice earn ed aft er that date. 33.1.4 T he m axim um am ount of annual service retirem ent benefit based on the norm al annuity fo rm (life w ith IO year cert ain) payable at retirem ent shall be the em ployee's choice of either: (I) the lesser of$90,000 or 90% of the 50 em ployee's A vera ge Final C om pensation; or (2) 80% of the em ployee's A vera ge Final C om pensation. T his cap w ill be applied to any other fo rm of benefi t selected by the em ployee on a pro portionate basis so as to make the application of the cap fo r other fo rm s actuarially equivalent to the cap fo r the norm al fo rm . 33.1.5 M em bers m ay purchase C redited Service fo r service in the A rm ed Fo rces prior to em ploym ent w ith the V illage or fo r prior law enfo rcem ent service to the m axim um extent allow able under Fl orida state law . The total am ount of service purchased, w hen com bined w ith the purchase of additional benefit m ultiplier, m ay not exceed five years. For the purpose of purchasing this past serv ice credit, a m em ber may use either the value of their annual leave (less required w ithholding taxes) valued in accordance w ith the V illage's leave payoff policy or an applicable collective bargaining agreem ent; a tax-qualifi ed tra nsfer of fu nds fr om the mem ber's 457 D eferred C om pensation Plan; cash paym ent; or any com bination of the fo regoing. A m em ber shall be responsible fo r the fu ll actuarial cost of this benefi t enhancem ent, plus the fu ll actuarial or other pro fessional serv ices required to determ ine the benefi t enhancem ent. 33.2 In accordance w ith section 185.35(6), F.S., a defi ned contribution plan com ponent ("share plan") is hereby established as part of the defined benefit pension plan, to be fu nded entirely w ith C h. 185 prem ium tax revenues. H ow ever, the V illage and U nion have m utually agreed that no Ch. 185 prem ium tax revenues w ill be allocated to the share plan at this tim e. T he V illage and the U nion have fu rther agreed that the share plan shall not be activated until the parties m utually agree that Ch. 185 prem ium tax revenues w ill be allocated to the share plan. The parties fu rther m utuall y consent that any prem ium tax revenues that w ere or w ill be received by the P lan pursuant to Sections 185.08 and 185.35, Florida Statutes, including any unallocated prem ium tax revenues and the fu ll am ount of prem ium tax revenues received by the V illage in the fu ture, shall be used by the Plan to reduce the V illage's pension contributions to the Plan. 51 A R T I C L E 3 4 V A C A T I O N L E A V E 34 .1 Every bargaining unit m em ber em ployed by the V illage on a fu ll tim e basis w orking seven (7) tw elve ( 12 ) hour shifts per tw o w eek period shall accum ulate annual vacation leave as fo llow s: (a) Betw een zero and fo ur fu ll years of em ploym ent - 84 hour s/year (b) B etw een fo ur and eight fu ll years of em ploym ent - 126 hours/year (c) A fter eight fu ll years of em ploym ent - 168 hours/year 34.2 Every bargaining unit m em ber em ployed by the V illage on a fu ll tim e basis w orking ten ( I 0) eight (8) hour shifts per tw o w eek period shall accum ulate annual vacation leave as fo llow s: 34.2.1 B etw een zero and fo ur fu ll years of em ploym ent - 80 hours/year 34.2.2 B etw een fo ur and eight fu ll years of em ploym ent - 120 hours/year 34.2.3 A fter eight fu ll years of em ploym ent - 160 hours/year 34.3 V acation leave shall be accrued and calculated fr om the date of established fu ll tim e em ploym ent w ith the V illage. 34.4 V acation tim e shall be scheduled and charged to the em ployee fo r actual tim e aw ay and m ay be charged in hourly increm ents. 52 A R T I C L E 3 5 B E R E A V E M E N T L E A V E 35.1 Employees who experience a death of any of the following family members are entitled to have up to five (5) days of paid bereavement leave: Spouse or qualified domestic partner Children Parents Siblings Grandparents Grandchildren 35.2 Employees who experience a death of any of the following family members are entitled to have up to two (2) days of paid bereavement leave: Mother-in-Law Father-in-Law Siblings of the employee's spouse Aunt Uncle Mother of domestic partner Father of domestic partner 35.2 Leave to attend a funeral upon the death of someone other than a family member covered by Sections 35.1 and 35.2 above must be approved by the Department Director. Absence for such a death is limited to two (2) days and will be charged to leave, as applicable; otherwise, if such leave is not available, the time off will be unpaid. 53 A R T I C L E 3 6 P A I D P A RE N T A L L E A V E 36.1. Paid Parental Leave shall be authorized in accordance with the Village Paid Parental Leave Policy, to care for a newborn, newly-adopted minor-aged child, or newly placed minor-aged foster child or children for up to six (6) weeks. Paid Parental Leave is subject to revisions of the Village Paid Parental Leave Policy. 54 ARTICLE37 DURA TION OF AGREEMENT 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, 2026. I.,, r!' J4 I · Executed on this---'~-<.. day of ,j#-i , 2024. Village Manager For the International Union of Police Associations Joe Rasco, Mayor Village of Key Biscayne · ard M. Weiner, Esq. Attorney for International Union of Police Associations, AFL-CIO 55 A P P E N D I X "A " 10 -S T E P G RA D E D S E R V I C E S A L A R Y P L A N F I S C A L Y E A R 2 0 2 4 (E ffe c t iv e r e t r o a c t iv e t o 10 /1/2 3 ) Step Lieutenant 1 95,045 2 99,797 3 104,786 4 110,026 5 115,526 6 121,303 7 127,368 8 133,737 9 140,423 10 147,445 15 154,817 20 162,558 56