Loading...
1994-32 Authorizing City Mgr to Enter into Contractural Negotiations with FOP Lodge #110RESOLUTION NO. 94 - 32 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO EXECUTE A CONTRACT BETWEEN THE CITY OF PARKLAND AND FRATERNAL ORDER OF POLICE WHEREAS, the City Commission of the City of Parkland, Florida finds and determines that it is in the best interest of the citizens to enter into a contract on file with the City Clerk between the City of Parkland and the Fraternal Order of Police as negotiated by the City Manager and on file with the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, that: Section 1. The appropriate City Officials are hereby authorized to execute the Contract between the City of Parkland and Fraternal Order of Police, a copy which is on file with the City Clerk. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 18 DAY OF MAY 1994. SUSAN ARMSTRONG, C.M.C., CITY CLERK .(% SAL AGLIARA,1AYOR COLLECTIVE BARGAINING AGREEMENT BETWEEN FRATERNAL ORDER OF POLICE FLORIDA ,STATE LODGE AND CITY OF PARKLAND, FLORIDA TABLE OF CONTENTS ARTICLE PAGE 1 Preamble 1 2 Recognition 2 3 Management Rights 3-5 4 Non -Discrimination 6 5 Rights of Law Enforcement Officers Under Investigation 7-11 6 Acting Officer 12 7 Bereavement Leave 13 8 Bulletin Boards and Miscellaneous . . 14 9 Civil Suit 15 10 Off Duty Employment 16-17 11 Dues Deduction 18 12 Education 19-20 13 Equipment 21-22 14 Death Benefits 23 15 Grievance and Arbitration Procedures . 24-34 16 Holidays 35 17 Medical Insurance 36 18 Leave of Absence 37-38 19 On the Job Injuries 39 20 Overtime Pay 40 21 FOP Business 41-42 22 Promotional Examinations for Sergeant 43 23 Permanent Shifts 44 24 Political Activity 45 25 Savings Clause 46 26 Public Safety Pay Steps 47-48 27 Seniority 49-50 28 Sick Leave 51-53 29 Standby Pay 54 30 Americans With Disabilities Act . . • 55 31 Termination of Employment 56 32 Vacation 57-58 33 Voting in Public Elections 59 34 Work Schedule 60 35 Work Week 61 36 Work Area 62 37 Drug Testing 63-66 38 Discipline and Discharge 67 39 Maternity Leave 68-69 40 Performance Rating Review 70 41 Transfers 71 42 Department Policy Rules & Regulations 72 43 Probation 73-74 44 Term of Agreement 75 - i - ARTICLE I PREAMBLE This Agreement is entered into by Parkland, Florida, herein- after referred to as the "City" and the Fraternal Order of Police, Florida State Lodge, hereinafter referred to as the "FOP" for the purposes of promoting harmonious relations between the City and the FOP, to establish an orderly and peaceful procedure to settle differences which might arise pertaining to this contract and to set forth the basis and full agreement between the parties concerning rates of pay, wages, hours of work and other conditions of employment. - 1 - AGR766mk ARTICLE 2 RECOGNITION Section 2.1. The City hereby recognizes the Florida State Lodge, Fraternal Order of Police as the exclusive representative for the purposes of collective bargaining with respect to wages, hours, and other terms and conditions of employment for all em- ployees in the following bargaining unit: Included: all sworn full-time law enforcement officers of the City of Parkland in the classifications of public safety officer and sergeant. Excluded: public safety director (chief of police), lieutenants or higher ranks and all other employees of the City. - 2 - AGR766mk ARTICLE 3 MANAGEMENT RIGHTS Section 3.1. The FOP and its members recognize and agree that the City has the sole and exclusive right to manage and direct any and all of its operations. Accordingly, unless otherwise specifically provided in this contract, the City specifically, but not by way of limitation, reserves the sole and exclusive right: a) To determine the organization of city government. b) To determine the purpose of each of its constituent departments. c) To exercise control and discretion over the organization and efficiency of operations of the City. d) To set standards for service to be offered to the public. e) To manage and direct the employees of the City including the right to establish, modify, reduce, or otherwise change work schedules or work week, assign work and overtime, establish, modify or change rules and regula- tions applicable to employees covered by this Agreement. f) To hire, rehire, examine, classify, promote, train, transfer, assign and schedule employees in positions with the City. g) To promote and/or otherwise establish the criteria and/or procedure for promotion, and to determine the number and types of positions as well as the number and types of positions in each grade, step or designation in - 3 AGR766mk any City pay plan which is or may be developed by the City. h) To formulate and/or amend written job descriptions. i) To suspend, demote, discharge or take other disciplinary action for just cause. j) To increase, reduce, change, modify or alter the compo- sition of the work force, including the right to relieve employees from duties because of lack of work or a lack of funds. k) To determine the location, method, means and personnel by which operations are conducted, including the right to determine whether goods or services are to be made or purchased or contracted out or subcontracted. 1) To determine the number of employees to be employed by the City. m) To establish, change or modify the number, types, and grades of positions or employees assigned to an organi- zation, department or division thereof or project. n) To set procedures and standards to evaluate City employees. o) To establish, change or modify duties, tasks and re- sponsibilities or requirements within job classification in the interest of efficiency, economy, technological change or operating requirements. p) To establish and revise or discontinue policies, prac- tices, programs or procedures. - 4 AGR766mk q) To require employees to observe City and departmental policies, rules, regulations and directives. Section 3.2. The City has the authority and obligation to determine the purpose and mission of the City and the amount of budget to be adopted. Section 3.3. The rights of the City are not all inclusive but indicate the types of matters or rights which belong to an area inherent in the City. Any of the rights, powers and authority that the City had prior to entering into this Collective Bargaining Agreement and may in the future be granted, are retained by the City, except those specifically abridged, delegated, granted or modified by this Agreement. Section 3.4. If the City fails to exercise any one or more of the above functions from time -to -time, this will not be deemed a waiver of the City's right to exercise any and all of such functions. Section 3.5. Nothing in this section shall constitute a waiver of the Union's right to bargain the impact that any mana- gerial decision may have on wages, hours, and terms of conditions of employment to the extent provided by law. - 5 - AGR766mk ARTICLE 4 NON-DISCRIMINATION Section 4.1. The City will not discriminate against any employee covered by this Agreement because of membership or non- membership in the FOP. Section 4.2. The FOP will not discriminate against employees covered by this Agreement as to membership, non -membership or representation with regard to terms and conditions of membership because of race, color, creed, sex, age or national origin. - 6 AGR766mk ARTICLE 5 RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION Section 5.1. Whenever a law enforcement officer employed by the City of Parkland Public Safety Department is under investiga- tion and subject to interrogation by members of this agency for any reason which could lead to disciplinary action, demotion, or dismissal, such interrogation shall be conducted under the fol- lowing conditions: a) The interrogation shall be conducted at reasonable hour preferably at a time when the law enforcement officer is on duty, unless the seriousness of the investigation is of such a degree that immediate action is taken. b) The interrogation shall take place at the public safety building. c) The law enforcement officer under investigation shall be informed of the rank, name and command of the officer in charge of the investigation, the interrogating officer and all persons present during the interrogation. All questions directed to the officer under interrogation shall be asked by and through one interrogator at one time. d) The law enforcement officer under investigation shall be informed of the nature of the investigation prior to the interrogation and he shall be informed of the names of all complainants. - 7 AGR766mk e) interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessi- ties and rest periods as are reasonable. f) The law enforcement officer under interrogation shall not be subjected to offensive language or be threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an inducement to answer any questions. g) The formal interrogation of the law enforcement offi- cer, including all recess periods, shall be recorded, and there shall be no unrecorded questions or state- ments. The originating party shall be reimbursed by anyone requiring copies of the recording. h) If the law enforcement officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all his rights prior to the commencement of the interrogation i) At the request of any law enforcement officer under investigation, he shall have the right to be represented by counsel or any other representative of his choice, who shall be present at all times during the interroga- tion whenever the interrogation relates to the officer's continued fitness for law enforcement service. 8 AGR766mk j) An employee shall not be obligated to give a second general statement concerning the same facts solicited in the original statement. This will not preclude subse- quent statements from being taken for the purpose of clarifying specific points or when additional infor- mation has come to light in the interim. k) No mechanical devices, including but not limited to a polygraph, psychological stress evaluation, etc., shall be forced on an employee nor shall disciplinary action be taken against any employee who refuses to submit to such testing. 1) Under paragraph g, the members shall be given an exact copy of any written statement he/she may execute, or if the question is mechanically recorded or stenographi- cally recorded, the member shall be given a copy of such record or transcript if requested. m) No bargaining unit member shall be compelled to testify before or be questioned by a non-governmental agency. Section 5.2. All complaints against an employee shall be concluded either by a finding that the complaint against the employee is sustained or not sustained. Section 5.3. NOTICE OF DISCIPLINARY ACTION - No dismissal, demotion, transfer, reassignment or other personnel action which might result in the loss of pay or benefits or which might other- wise be considered a punitive measure shall be taken against any law enforcement officer unless such law enforcement officer is - 9 AGR766mk notified of the action and the reason or reasons therefore prior to the effective date of such action. Section 5.4. RETALIATION FOR EXERCISING RIGHTS - No law enforcement officer shall be discharged, disciplined, demoted, denied promotion, transfer or reassignment; or otherwise be discriminated against regarding his employment, or be threatened with any such treatment by reason of his exercise of the rights granted in this part. Section 5.5. Should disciplinary action result from the investigation and the employee be suspended without pay, at the discretion of the chief, a bargaining unit member's accrued leave time may be utilized as an alternative to suspension. Section 5.6. In accordance with Section 112.553(2), Florida Statutes, only to the extent specifically provided therein, a complaint filed against a law enforcement officer with the City and all information obtained pursuant to the investigation by the City of such complaint shall be confidential until the conclusion of the internal investigation or at such time the investigation ceases to be active without a finding relative to probable cause; except that the officer who is the subject of the complaint may review the complaint and all written statements made by the complainant and witnesses immediately prior to beginning of the investigative interview. Section 5.7. It is agreed by and between the parties hereto that any alleged violation of the provisions of Florida Statutes, Chapter 112, Part VI shall not be a defense to disciplinary action, - 10 - AGR766mk but may, in and of itself, be remedied under the grievance procedure contained in Article 15 of this Agreement. AGR766mk ARTICLE 6 ACTING OFFICER Section 6.1. Any officer officially assigned by the Chief, in writing, to temporarily fill a position of higher rank shall be entitled to a two-step increase (4%), or the first step on the pay scale rate for the position temporarily being filled, whichever is higher. The salary increase shall be made effective on the first day served in the acting capacity and shall continue for each day worked in that temporary position. Section 6.2. Any officer assigned to the duties of a field training officer shall receive $5.00 pay for any day in which the member actually trains a recruit. - 12 - AGR766mk ARTICLE 7 BEREAVEMENT LEAVE Section 7.1. Funeral leave shall be granted to an employee requesting same by filing, in writing with the department director, for a period not to exceed four working days in the event of death in his/her family for the purpose of attending the funeral or should it be necessary for the employee to attend to the funeral arrangements of the deceased. Section 7.2. Funeral leave with pay will be granted for the following: spouse, son, daughter, father, mother, foster parent, grandparent, father-in-law, mother-in-law, brother, sister, child - in -law or any relative living in the same household as the employee. Section 7.3. Funeral leave shall not be charged to sick leave. Section 7.4. Any absence in excess of this amount shall be charged to vacation leave, compensation time, or to leave without pay if no vacation. Section 7.5. The department director may require proof of a death in the family before compensation is approved and paid. - 13 - AGR766mk ARTICLE 8 BULLETIN BOARDS AND MISCELLANEOUS Section 8.1. The City will provide one bulletin board loca- tion for the exclusive use of the FOP for posting of bulletins, notices and other association materials. Section 8.2. The authorized bulletin board for the FOP use may be used for posting official notices and each notice or docu- ment thereon shall be signed by an Executive Board Member of the FOP on whose authority said notice or document is posted. Section 8.3. The size of the bulletin board shall be ap- proximately 24" by 3', and shall be installed by the City in the department squad room. Section 8.4. FOP representatives and unit members may receive FOP mail and material at City Hall or at the Police Department. Section 8.5. The FOP is responsible for posting and removing material on its bulletin board and for maintaining said bulletin board in an orderly condition. Said board is for FOP material only, with copies of all posted items submitted simultaneously to the chief. Section 8.6. The FOP shall not post any notice or other document or material intending to directly or indirectly disparage the City, or elected official, or appointed official, or employee of the City. - 14 - AGR766mk ARTICLE 9 CIVIL SUIT Section 9.1. The City shall automatically undertake the defense of any member employee against civil damage suits arising out of activities within the course and scope of their employment. Section 9.2. The City will indemnify all member employees against any judgments levied against them as a result of their lawful actions (as determined by courts of law having jurisdiction) while acting in the course and scope of their employment, or in the line of duty. - 15 - AGR766mk ARTICLE 10 OFF DUTY EMPLOYMENT Section 10.1. The Union recognizes that the City has the exclusive right to establish policy of all off-duty police employment. The City agrees that during the term of this Agree- ment, it will continue to permit off-duty police employment in accordance with departmental policies, rules and regulations. The City shall be free at any time to adopt policies and regulations about off-duty employees. Section 10.2. Off-duty police employment will be defined as any police related activity that is performed by a sworn employee which is paid for by a private entity. Section 10.3. The Union agrees that sworn police employees engaged in off-duty police employment shall conform to all departmental orders, policies, procedures and management direc- tives. Section 10.4. The Union agrees that the City may suspend or deny off-duty police employment when the public safety department determines that the off-duty police employment and/or the off-duty police employment by the officer is in conflict with the best interests of the City. Section 10.5. The Union agrees that requests for all off- duty police employment shall be subject to approval of the chief who shall have sole discretion to deny said approval when he believes it to be in the best interest of the City of Parkland. - 16 - AGR766mk Section 10.6. The City agrees that during the term of this Agreement, it will periodically review, but not more than once per fiscal year, the rate of compensation for off-duty employment. In so doing, the Chief of Police will consider any relevant informa- tion submitted by the FOP. - 17 - AGR766mk ARTICLE 11 DUES DEDUCTION Section 11.1. Employees covered by this Agreement may authorize payroll deductions for the purpose of paying FOP dues. No authorization shall be allowed for payment of initiation fees, assessments or fines. Section 11.2. The FOP will initially notify the City as to the amount of dues. Such notification will be certified to the City in writing signed by an authorized officer of the FOP. Changes in FOP membership dues will be similarly certified to the City and shall be done at least one month in advance of the effective date of the change. Section 11.3. Dues will be deducted bi-weekly and the funds deducted shall be remitted to the treasurer of the FOP within 30 days. The FOP will indemnify, defend and hold harmless the City against any claim made and against any suit instituted against the City on account of payroll deduction of the FOP. Section 11.4. The payroll deduction shall be revocable by the employee notifying the City in writing on a prescribed City form. - 18 - AGR766mk ARTICLE 12 EDUCATION Section 12.1. The purpose of this article is to provide educational assistance to regular full-time employees participating in training or educational programs designed to strengthen their abilities which in turn directly benefits the City. Section 12.2. Funding for any educational reimbursement program shall be included in the approved annual budget. Funds will be limited to $500.00 per calendar year per employee. Section 12.3. Employees requesting educational assistance shall complete and submit Educational Assistance Form to the public safety director. Section 12.4. Such requests require approval by the Public Safety Director and the City Manager. Section 12.5. Employees shall pay tuition at the time of enrollment in approved courses. Books, materials, supplies and activities fees shall be the employee's responsibility. Section 12.6. Upon the employee's successful completion of the approved course with a final grade of "C" or higher, the City will reimburse the employee for 75% of the tuition provided the employee furnishes a payment receipt and an official grade report. Section 12.7. Training and study time will be undertaken during the employee's off-duty time. Section 12.8. Employees must remain in City service for one year after completion of the last course or the money paid will be deducted from the last paycheck. - 19 - AGR766mk Section 12.9. In order to assist employees to attain degrees, tuition refunds will be approved for degree programs in criminal justice, law, social studies, business, public admini- stration, management or other areas of study as approved by the City. If the degree program is approved, any specified required course in the degree program will be eligible for reimbursement thus permitting employees to plan their educational programs. Section 12.10. No employee shall be required to obtain fire certification to remain as a patrolman. Employees shall be re- quired to obtain fire certification in order to be considered for promotion as a supervisor. Section 12.11. The City will continue to use its best efforts to permit employees to attend the volunteer fire academy while on duty including, when possible, moving the junior officer to accommodate the assigned officer at the fire academy. - 20 - AGR766mk ARTICLE 13 EOUIPMENT Section 13.1. All employees shall receive from the City at no cost to the employee a uniform upon appointment. The uniform shall consist of one uniform jacket, five uniform trousers, five uniform shirts, badge, name tag, shells, rain gear, jump suit and protective fire gear. Additional uniforms may be ordered by the chief or his designee when a need is shown. Section 13.2. Any employee who shall receive any breakage or damage to his uniform or personal equipment in the line of duty shall have it replaced by the City at no cost to the employee, providing the damage is not the result of the employee's own negligence. Section 13.3. The City shall arrange to have each vehicle thoroughly inspected by a qualified mechanic on a monthly basis. Section 13.4. In the event that any police officer finds that any of the equipment he is to use during his tour of duty is a safety hazard, as certified by the shift sergeant, said equipment shall be deadlined immediately and not returned to service until said hazard is eliminated. Section 13.5. Before any marked patrol unit goes into service it should have the following equipment in working order: emergency lights, siren, first aid kit, loud speaker, fire ex- tinguisher and flares. Section 13.6. Shotguns and shells will be provided to all on -duty officers who are qualified by department policy to carry same and who desire to do so. - 21 - AGR766mk Section 13.7. To protect officers while they are away from their public safety vehicles, the City shall provide radio com- munications for each on -duty officer. Police radios may be used for off-duty details if sufficient radios are available. Section 13.8. The City shall provide in each year of the Agreement to each bargaining unit employee $200.00 worth of dry cleaning services to be distributed in a manner determined by the City. The City shall provide, in each year of the Agreement, to each bargaining unit member assigned detective duty a $300.00 clothing allowance within ninety (90) days of such assignment. - 22 - AGR766mk ARTICLE 14 DEATH BENEFITS Section 14.1. There shall be put into effect the following life insurance coverages per employee payable by the City: a) Pursuant to Florida Statutes, $50,000.00 on -duty life coverage if the employee is unlawfully or intentionally killed while in the actual performance of his duty; b) Pursuant to Florida Statutes, $20,000.00 on -duty life coverage for other than unlawful or intentional killing; c) $15,000.00 life, $15,000.00 accidental death and dismem- berment coverage. Effective October 1, 1990 the $15,000.00 life insurance coverage shall be increased to $30,000.00. Section 14.2. If the State of Florida amends the minimum requirements for police officer death benefits, the City will comply with any such minimum standards. - 23 - AGR766mk ARTICLE 15 GRIEVANCE AND ARBITRATION PROCEDURES Section 15.1. A grievance is defined as a dispute between the City and one or more of its employees concerning the inter- pretation or application of or compliance with this Agreement, including disputes regarding discipline. Section 15.2. Should a grievance arise, there shall be an earnest effort on the part of the parties to settle such grievance promptly. Grievances involving discipline shall follow the procedure established in this article. Probationary employees shall have rights in the grievance procedure the same as other employees except for disciplinary matters in which case proba- tionary employees shall only have access to the grievance procedure through Step 4. Notwithstanding anything to the contrary herein, the City Manager shall have the sole discretion to terminate any probationary employee without cause and any such action shall not constitute a breach of this Agreement or the employee's rights herein. All grievances shall be processed in accordance with the following procedures: Step 1. An employee shall present an attempt to resolve any grievance with the immediate supervisor within five working days from the time the employee (s) became aware of the cause of the complaint. A union steward may be present if so requested. The grievance shall be in writing and discussed with the supervisor. The decision of the immediate supervisor shall be given in writing to the employee no later than five working days after the meeting. - 24 - AGR766mk Step 2. If the grievance has not been resolved to the satisfaction of the employee(s) in Step 1, the grievance may be presented in writing to the employee's bureau commander or designee not later than five working days after the immediate supervisor's response was rendered in Step 1. The bureau commander or designee shall conduct a meeting with the affected employee(s) and the union, within five days of receipt of the written grievance and shall reply to the employee(s) in writing, of the decision within five working days after the close of the meeting. Step 3. If the grievance is not settled to the satis- faction of the employee(s) in Step 2, the decision may be appealed by presenting the written grievance to the police chief or designee no later than ten working days after receipt of the decision by the bureau commander or designee in Step 2. The police chief or designee shall conduct a meeting with the affected employee(s) and/or union steward within ten working days of receipt of the appeal and shall reply to the affected employee and the union in writing, within ten working days following the close of the meeting. Step 4. If the grievance has not been satisfactorily resolved in Step 3, the decision may be appealed by presenting the written grievance to the City Manager or designee not later than ten working days after receipt of the decision by the Chief or designee at Step 3. The City Manager or designee shall conduct a meeting with the affected employee(s) and/or union steward within ten working days of receipt of the appeal and to reply to the - 25 - AGR766mk affected employee(s) and the union, in writing, within ten working days following the close of the meeting. * Section 15.3. a) The City and the Union hereby agree that this procedure and the arbitration procedure set forth in Article 15 shall be the sole and exclusive method for interpreting and enforcing this Agreement. b) For the limited purposes of this article, a working day shall be from 8:00 A.M. to 5:00 P.M., Monday through Friday, ex- clusive of holidays observed by the City. c) The time limits set forth above are to be strictly adhered to but may be lengthened or shortened by mutual agreement in writing. d) Representatives of the City and the Union shall acknow- ledge receipt of grievances by signing and dating the form when presented or received. e) Any grievance not advanced by the employee to the next higher step within the time limits provided, shall be considered settled on the basis of the answer most recently given. If the City does not answer a grievance within the time limits provided, the employee may elect to treat the grievance as denied at that last step and immediately advance the grievance to the next step. f) No action or matter shall be considered the subject of a grievance unless a written complaint is made within five working days of its occurrence or within five working days from the time the aggrieved employee(s) became aware or by the use of reasonable diligence should have become aware of the cause of the complaint. - 26 - AGR766mk The City shall not be subject to any liability for any period more than five working days prior to the date the grievance was filed in writing. g) A union steward shall be permitted to confer with the appropriate supervisor and/or bureau commander or designee under the circumstances defined in Steps 1 and 2 without loss of pay provided that the City may discontinue payment for such time in case of abuse by the union steward. A union steward shall report to the immediate supervisor when stopping work to process a grievance as requested by the employee(s) and to report back to the supervisor when ready to resume work. If a grievance involves more than one employee, such employee shall designate not more than two employees to represent the group and, with the steward, shall be permitted to confer with the supervisor and/or bureau commander or designee in Steps 1 and 2 as provided above. An aggrieved employee(s) will be permitted to confer with representatives of City management as provided in the grievance procedure without loss of pay provided the City may discontinue payment for such time as the privilege is abused. h) obligated i) the third In accordance with state law, the union shall not to process a grievance of a non-member. The union shall have the right to file a grievance be in step of the grievance procedure in any non -disciplinary matter involving the interpretation or application of this Agree- ment, provided however, that this right shall be strictly limited to those matters where the union can reasonably demonstrate: - 27 - AGR766mk 1. That the matter is covered by a provision of the Agree- ment; and 2. That the matter involves the interpretation or applica- tion of that provision; and 3. The grievance does not seek to add to or subtract from any provision of the Agreement; and 4. The subject matter of the grievance is general in nature, having application to a majority of the members of the unit. Section 15.4(0). Employees may be disciplined only for cause. When disciplinary action is taken, the affected employee(s) shall be informed, in writing either prior to or at the time the action is taken of (1) the reason for the discipline; (2) the penalty assessed; (3) the effective date of the penalty. a) Disciplinary action shall include the following: 1. Oral reprimand; 2. Written reprimand; 3. Suspension/forfeiture of time; 4. Demotion; 5. Discharge. b) Oral reprimands may only be appealed to the next step above the issuing authority. c) A letter of reprimand may be appealed orally or in writing through the chain of command. Each level in the chain of command shall have the power to rescind a letter of reprimand. The police chief shall be the final appeal for all letters of repri- mand. Employees receiving written or oral reprimands shall have - 28 - AGR766mk the right to file a written rebuttal and have said rebuttal included in the employee's personnel file. d) An appeal of a suspension, demotion or dismissal shall be processed as set for below. Section 15.4(1). If discipline other than oral reprimand or written. reprimand is contemplated, the police chief or designee shall notify the employee of such intent and shall meet with the employee and/or the union steward if so requested by the employee and shall provide the written notice described in Section 15.4(0) above, which shall include the notice that the employee may request a hearing on the matter within five working days, if the employee feels that the disciplinary action is unwarranted. If the employee does not request such hearing within five working days, the hearing shall be considered waived. Section 15.4 (2) . If a written request for a hearing from the employee(s) is received within five working days, the police chief or designee shall schedule a hearing within five days after the request is received at which the facts regarding the disciplinary action shall be reviewed with the employee(s). The union steward and/or legal counsel may accompany or represent the employee at the hearing, but the City shall not be responsible for the payment of such representation. The hearing shall be recorded by tape. Section 15.4(3). Failure of the employee to appear at such a scheduled hearing, except for mutually agreed upon good reason, will be considered a waiver of the desire for a hearing. Section 15.4(4). The police chief or designee, within five working days, following the close of the hearing, will submit to - 29 - AGR766mk the City Manager a recommendation for action. Within five work ing days after receipt of that recommendation, the City Manager will issue a final decision in the matter, in writing, a copy of which will be delivered to the employee and/or the union steward. Section 15.4 (5) . If disciplinary action is taken by the City Managerwhich the employee considers to be unwarranted, the employee and the union representative may appeal such action by filing a grievance directly under Section 15.2, Step 4 of this article. Section 15.4(6). In considering, the severity of a disci- plinary recommendation, the police chief or designee may take into account past oral reprimands, letters of reprimand, disciplinary action, or prior conduct on the employee's record. Section 15.4 (7) . In any case which an employee is charged by proper authorities with commission of a crime involving moral turpitude, the employee may be immediately suspended without pay pending final disposition of such criminal charges. Such suspen- sion shall not be subject to review by arbitration until disposi- tion of the criminal charges. a) In the event that any employee is convicted of such criminal charges, his suspension shall automatically be converted into an involuntary termination and shall not be subject to further review by arbitration. b) A crime involving moral turpitude shall be defined accor- ding to the "State of Florida Police Standards and Training Commission" rules, policies and guidelines. - 30 - AGR766mk Section 15.5. If no satisfactory agreement of a grievance has been reached under the grievance procedure provided in Article 15.1-15.4, and the grievance or dispute relates to the determina- tion of the rights and obligations conferred or created by this contract and a written request for arbitration is made by the union within ten working days after the final answer in Step 4 of the grievance procedure, such dispute shall be submitted for final and binding arbitration in accordance with the following procedure. Section 15.6. The City and the union shall within five working days of the election of either party to arbitrate, meet to mutually agree upon an arbitrator. If this cannot be done, the parties may select an arbitrator from a panel or panels of not less then five choices submitted by the Federal Mediation and Concilia- tion Service ("FMCS"). In the event that either party, before striking of names occurs, feels that the panel submitted by FMCS is unsatisfactory, the parties shall have the right to request one additional panel. Within ten days after receipt of the panel, the arbitrator shall thereafter be selected from the panel of arbi- trators supplied by FMCS by alternate striking of names until one name remains. The party who strikes first shall be determined by the toss of a coin. The parties will thereupon notify the FMCS which will promptly notify the arbitrator of the appointment. Section 15.7(0). The arbitration shall be conducted under the rules set forth in this Agreement and shall proceed as follows: Section 15.7(1). Upon notification of appointment, the arbitrator shall communicate with the parties as soon as practi cal to arrange for the date and place of the hearing; or, if questions - 31 - AGR766mk of material fact are not at issue, arrange for the joint submission of stipulations of fact and relevant documentation concerning the grievance. Section 15.7(2). If no hearing is to be conducted, each party shall submit to the arbitrator a statement of position regarding the grievance. Prior to the date of the hearing or submission of the documents the party shall, jointly or separately, provide the arbitrator with a written statement of the issue or issues to be resolved in the arbitration proceeding. Section 15.7(3). The arbitrator shall have exclusive juris- diction and authority to resolve grievances as defined in this Agreement. The arbitrator shall have the authority to issue subpoenas enforceable in any court of competent jurisdiction and shall administer oaths to all witnesses testifying in any pro- ceeding. Section 15.7(4). The arbitrator shall have no power to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. Section 15.7(5). The arbitrator shall have no power to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement or which is not covered by this Agreement. Section 15.7(6). Except as provided in Section 15.7(2), the decision of the arbitrator shall be based solely upon the evidence and arguments properly presented by the respective parties. - 32 - AGR766mk Section 15.7(7). Upon timely notice prior to the scheduling of hearings and when mutually agreed, the consolidation of one or more grievances based upon similar circumstances for hearing and resolution before the same arbitrator shall be permitted. Section 15.7(8). The arbitrator shall render a decision not later than thirty calendar days after the conclusion of the final hearing. The findings of the arbitrator made in accordance with the jurisdictional authority under this Agreement shall be final and binding on the parties. The arbitrator's decision shall be in writing and shall set forth the arbitrator's findings and conclu- sions on the issue submitted unless otherwise agreed in writing by the parties. Section 15.7(9). In all cases, the party claiming misrepre- sentation or misapplication of this Agreement shall have the burden of proving its contention by preponderance of competent evidence. Section 15.7(8). This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and the arbitrator in the same manner as any other contract under the laws of the State of Florida. The function and purpose of the arbitrator is to determine dispute and interpretations of fact actually found in the Agreement or to determine disputed facts upon which the application of the Agreement depend. The arbitra- tor, therefore, shall not have the authority to change the intent of the parties as determined by generally accepted rules of contract construction. The arbitrator shall not render any decision which, in practical or actual effect, modifies, revises, - 33 - AGR766mk detracts from or adds to any of the terms or provisions of this Agreement. Section 15.7 (9) . The cost for the services of the arbitrator shall be borne by the losing party. The parties shall bear the costs of their own representatives, counsel and witnesses. Either party to this Agreement desiring a transcript of the arbitration hearing shall be responsible for the cost of the transcript unless otherwise agreed to, in writing, by the parties. - 34 - AGR766mk ARTICLE 16 HOLIDAYS Section 16.1. The City shall recognize the following as paid holidays for employees covered by this Agreement: a) New Year's Day b) President's Day c) Memorial Day d) Independence Day e) Labor Day f) Columbus Day g) Veteran's Day h) Thanksgiving Day i) Friday following Thanksgiving Day j) Christmas Day k) One paid personal day per year Section 16.2. If any officers are on authorized leave when a holiday occurs, that holiday shall not be charged against his/ her leave. Section 16.3. The fixed holidays of Christmas, New Year's Day, July 4th, and Thanksgiving shall be celebrated on the actual day of the holiday. Section 16.4. If any bargaining unit members works for the City on the day any holiday is observed, said employee shall be compensated at 1.5 times his rate of pay and will also be credited and receive compensation time equal to the number of hours Worked (but not less than eight hours) to be used at a later date. Section 16.5. Paid holiday time is to be added to the unit member's vacation time balance within thirty (30) days of the holiday. - 35 - AGR766mk ARTICLE 17 MEDICAL INSURANCE Section 17.1. The City agrees to continue to pay for and provide health insurance substantially similar as presently provided by the City to each employee. Section 17.2. The City invites employee participation via committee membership to review alternative health care insurance. Section 17.3. The current insurance program shall continue to include dental and eye care. - 36 - AGR766mk ARTICLE 18 LEAVE OF ABSENCE Section 18.1. Any officer who is on duly authorized leave of absence shall continue to maintain all benefits including seniority and longevity except for extended military leave, as provided by federal law. Any officer wishing to continue health benefits during leave shall pay the premiums himself/herself. Payments of said premiums must be paid to the City prior to the premium due date. Section 18.2. Leave of absence without pay for a period not to exceed 30 days may be granted for any reasonable purpose by the City Manager. Such leaves may be renewed or extended for any reasonable purpose. The City Manager will have final approval of leaves of absence. Section 18.3. A public safety officer may be granted a leave of absence by the City Manager for educational purposes at an accredited institution when it is related to his/her employment for a period not to exceed one year. Section 18.4. Public safety officers may be granted leaves of absence, by the Chief, without pay for educational conferences, seminars, briefing sessions or other activities of a similar nature that are intended to improve or upgrade individual skill or professional ability. Section 18.5. Any public safety officer who is a member of the National Guard or the Military Reserve Forces of the United States and who is ordered by appropriate authorities to attend a - 37 - AGR766mk prescribed training program or to perform other duties shall be granted leave of absence as provided by Florida law. Section 18.6. An employee may be granted leave of absence without pay for a period not to exceed one year for sickness disability, or other good and sufficient reason which is considered to be in the best interests of the City: Such leave shall require the prior approval of the City Manger. Section 18.7. No employee shall engage in any full-time employment for pay or profit during such leave. Any leave of absence without pay may subsequently be withdrawn and the employee recalled to work should the conditions under which the leave was granted no longer exist or have been violated. - 38 - AGR766mk ARTICLE 19 ON THE JOB INJURIES Section 19.1. Whenever an employee covered by this Agreement suffers an illness or injury deemed to be compensable under Florida's Workers' Compensation Act, the City will pay to the employee his or her regular net salary, less any Workers' Compen- sation benefits received until: a. the employee is unable to return to his or her regular employment with the City; or b. one (1) year has passed since the employee began receiving the above benefit. Section 19.2. Any and all workers' compensation payments for lost wages shall go directly to the employee from the City. Section 19.3. During this period, the employee's status shall be reviewed periodically by the City's medical representa- tive, the employee's department head and the City Manager. Section 19.4. At the end of a one-year period, if the employee remains disabled, the employee shall be placed on pension, if eligible, or the employee's employment terminated. - 39 - AGR766mk ARTICLE 20 OVERTIME PAY Section 20.1. All overtime shall be compensated at the rate of time and one-half based on the employee's regular salary and shall be paid in the following pay period. Section 20.2. The employee shall have the alternative of accruing compensatory time in lieu of pay. If federal or state law is established to cover such practices, the parties shall abide by the law. Section 20.3. When an employee is required to attend court (state or federal and all pre-trial hearings) as a result of his or her employment with the City not on his or her assigned shift, the City shall compensate the employee for a minimum of two hours pay at the rate of time and one-half the employee's regular salary. Section 20.4. It is agreed between the parties to this Agreement that it shall be within the sole discretion of the Chief of Police or his designee to determine the need for overtime work. In the event that an employee is required to work more than 40 hours in one week, he or she shall be compensated at the overtime rate. Section 20.5. Employees who are called to return to work after completing their scheduled shift and have left the work place of the City, shall be compensated for a minimum of one hour's pay at the rate of time and one-half the employee's regular salary. Section 20.6. All overtime or compensatory time shall be rounded off to the nearest one-half hour mark and computed on that figure. - 40 - AGR766mk ARTICLE 21 FOP BUSINESS Section 21.1. The City agrees not to interfere with the rights of officers to become members of the FOP and there shall be no discrimination, interference, restraint or coercion by the City or any City representative against officers of the FOP membership or because of any officer's activity in any official capacity on behalf of the FOP. The FOP also agrees that there will be no discrimination against any employee officer who elects not to join the FOP. Section 21.2. Further, the representative shall be furnished all necessary, relevant information pertaining to employee's salary, wages, hours and other conditions of employment when a reasonable request is made. Section 21.3. The City shall provide the FOP on a semiannual basis a complete roster of the dues paying unit members in the public safety department including name, rank, address, telephone number, social security number and present assignment. It is understood that unlisted telephone numbers will not be included. The FOP will indemnify, defend and hold the City harmless against any and all claims made and against any suit instituted against the City on account of the administration of this section. Section 21.4. The local representative of the FOP, as work load and schedule permit, shall also be permitted to conduct FOP business on City time without loss of pay or benefits as long as this privilege is not abused and does not interfere with the - 41 - AGR766mk operation of the department. This is to involve only representa- tives and not other FOP members. Section 21.5. The City shall allow the FOP to disburse information and circulars through the same methods as other inter- office correspondence. Section 21.6. The FOP representative or his designee shall be permitted to attend state and local meetings not to exceed three days in a 12 -month period so long as such leave is reasonable, given manpower considerations. The employee shall utilize accrued leave for this purpose or leave as provided in Section 21.7. Section 21.7. Employees may donate from accrued vacation/ comp time to create a time pool for attendance at FOP training seminars, board meetings and conventions. Designated FOP represen- tatives shall be permitted to utilize time pool subject to reasonable manpower needs of the organization. In the event that the designated representative cannot be released due to depart- mental needs, the FOP shall have the right to designate an alternative representative. - 42 - AGR766mk ARTICLE 22 PROMOTIONAL EXAMINATIONS FOR SERGEANT Section 22.1. The City agrees to continue the current practice of using professional outside testing agencies. Section 22.2. The City will announce promotional examina- tions at least 60 days in advance and post the sources of informa- tion from which the examination is to be drawn. Section 22.3. The City shall provide sets of source reference materials equal to one-third of the number of eligible candidates for said examination. The custody and distribution of the aforesaid materials shall be made available on an equitable basis as the number of eligible candidates requires. Section 22.4. All hiring actions and promotions shall be processed in accordance with the personnel policies and regulations of the City. - 43 - AGR766mk ARTICLE 23 PERMANENT SHIFTS Section 23.1. The City and the FOP agree that, within the framework of existing management rights, the department will adopt a policy of scheduling through permanent shifts. Insofar as possible, employee preference and seniority will be the controlling factors in making determinations on shift bids. Said shift selection shall be conducted on a semi-annual basis, on the first Sunday after July 4th and January 1st, to be effective for the subsequent six months. This article shall not apply to pro- bationary employees. - 44 - AGR766mk ARTICLE 24 POLITICAL ACTIVITY Section 24.1. Except when on duty, in uniform, using City equipment, and/or when acting in an official capacity, no member shall be prohibited from engaging in any political activity if conducted in accordance with state law and court opinions. - 45 - AGR766mk ARTICLE 25 SAVINGS CLAUSE Section 25.1. Should any provision of this Agreement or any part hereof, be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, such invalidation of such provision or portion thereof shall not invalidate the remaining provisions of this Agreement. - 46 - AGR766mk ARTICLE 26 PUBLIC SAFETY PAY STEPS Section 26.1. The new salary ranges for the job classifica- tions covered by this Agreement are contained in Appendix A. Section 26.2. Effective at the beginning of the first full pay period after October 1, 1993, bargaining unit employees will be "slotted" into the new pay ranges as shown in Appendix B. This new pay plan will replace and supersede all previous pay systems. Section 26.3. For fiscal year 1993-1994, employees will be evaluated annually on their respective anniversary dates. Employees receiving a satisfactory or better evaluation will receive a one (1) pay step (2%) increase. There will be no right to future merit increases unless said merit increases are provided for in future contracts. Section 26.4. All bargaining unit members who are fire - certified shall receive $2,000.00 per year as extra compensation. Such extra compensation shall be paid pro -rata over each bargaining unit member's twenty-six (26) pay periods throughout the fiscal year, to begin on the date the unit member becomes fire -certified. Section 26.5. Bargaining unit employees who have completed seven (7) years of continuous (uninterrupted) City service as a Public Safety Officer or Public Safety Sergeant shall receive an additional two percent (2%) longevity pay increase, over and above their appropriate pay step, to be paid as a lump sum on the date the eligible employee reaches seven (7) continuous (uninterrupted) years of service. - 47 - AGR766mk Section 26.6. Effective October 1, 1993, for bargaining unit employees, the City's contribution to the ICMA retirement plan will increase from 4% to 5% of the employee's base salary plus longevity payment, if any. - 48 - AGR766mk ARTICLE 27 SENIORITY Section 27.1. Seniority Definition - Seniority, as used herein, is defined as the right accruing to the employees through length of service which entitles them to certain considerations and preferences as provided for in this Agreement. Seniority standing shall be based on the employee's full-time employment in a permanent position within the department or classification. Section 27.2. Classification Seniority - Each employee will have seniority standing within the employee's current classifica- tion equal to the employee's total continuous service held in a permanent position dating from the employee's most recent date of permanent employment in that classification. Section 27.3. Departmental Seniority - Each employee will have seniority standing equal to the employee's total continuous full-time service with the City of Parkland Public Safety Depart- ment dating back to the employee's most recent date of permanent employment as a public safety officer. Section 27.4. Probation - A new employee shall be considered on probation for a period of 12 months during which time the City will have the right to dismiss or retain the employee in its sole discretion. Upon expiration of the probationary period, the employee shall be deemed a regular employee whose seniority shall date back to this date of hire in the permanent position. Section 27.5. A promoted employee shall be considered to be on probation for a period of six months during which time the City will have the right to retain him at his new position or, at its - 49 - AGR766mk sole discretion, return the employee to the classification previously held. If there is not such vacancy in that classifi- cation the demoted employee shall displace the employee with the least classification seniority within the classification previously held. The rights of such displaced employees shall be in accordance with the layoff procedure. Section 27.6. Loss of Seniority - Any employee's seniority in employment shall terminate when an employee: a) Voluntarily resigns; b) Retires; c) Is discharged; d) Is absent for five consecutive working days without authorized leave; e) Has not worked for the City for two years after layoff; f) Fails to return from authorized leave of absence; g) Has not worked for the City for a period of two years due to non -service disability - 50 - AGR766mk ARTICLE 28 SICK LEAVE Section 28.1. Each full-time employee shall accrue eight hours of sick leave allowance for each month of regular paid service. Sick leave is earned from the first day of the month following the beginning of employment. Section 28.2. Sick leave shall not be granted in advance of actually being accrued. Section 28.3. Sick leave may be accumulated without leave limitation for the purposes of utilization for illness. Sick leave may be accumulated to a maximum of 520 hours for the purposes of being converted to cash under this contract. Section 28.4. Sick leave shall not be considered as a right which an employee may use at his discretion. Section 28.5. Sick leave shall be considered as a privilege which shall only be allowed in the case of personal sickness or disability, including pregnancy of the employee, or in the case of sickness of the immediate family. Not more than five working days in any calendar year may be taken as sick leave due to illness within the immediate family unless approved by the City Manager. Section 28.6. In order to be granted sick leave with pay, an employee must meet the following conditions; a) In the event that an employee is aware in advance that the sick leave benefit will be needed, it shall be the duty of the employee to notify the department director - 51 - AGR766mk as far in advance as possible in writing of the antici- pated time and duration of the sick leave and medical certification that the employee will be unable to perform his/her normal work function. Employees will be required to begin using sick leave on the date after which their doctor certifies that they are medically unable to perform their normal duties. An employee on sick leave is required to notify the department direc- tor, at the earliest possible time, of the anticipated date on which the employee will be able to resume his/her duties. Any employee obtaining sick leave benefits by fraud, deceit or falsified statements shall be subject to disciplinary action, including but not limited to suspension or dismissal. b) The employee shall file a written request for such sick leave in a manner prescribed immediately upon return to work. Section 28.7. Employees who are absent for a five consecu- tive work day period may be required, if requested by the depart- ment director, to submit a medical certificate, signed by a physician stating the kind and nature of the sickness or injury, that the employee has been incapacitated for work for the period of absence and that he/she is again physically able to perform his/her duties. Section 28.8. Frequent claiming of benefits under this section may constitute grounds for the department director to - 52 - AGR766mk determine that the physical condition of the employee is below the necessary standard for efficient performance of his/her duties. Section 28.9. Evidence of abuse of sick leave shall consti- tute immediate grounds for dismissal or disciplinary action as recommended by the department director with the approval of the City Manager. Section 28.10. Upon separation, in good standing, an employee or the designated beneficiary will be paid for accumulated sick leave at the rate of one hour of pay for each two hours of sick leave accumulated. - 53 - AGR766mk ARTICLE 29 STANDBY PAY Section 29.1. The City shall compensate employees covered by this Agreement at the rate of one and one-half hours of com- pensatory time for every hour spent on standby duty for job-related court cases. Section 29.2. Authorized standby duty shall be submitted to the record section daily. Employees shall be given periodic totals of their earned compensatory time. Section 29.3. Once an employee status of being on standby duty ends, as a result of actually being called in to perform duties, other applicable provisions of this contract dealing with callbacks and court appearances shall prevail. - 54 - AGR766mk ARTICLE 30 AMERICANS WITH DISABILITIES ACT Section 30.1. It is recognized and agreed that the City and the Union are covered by the Americans With Disabilities Act (ADA). The City may, from time -to -time, be required to take certain action(s) in order to comply with the ADA, which action(s) may affect employees covered by this Agreement. Due to the broad confidentiality provisions of the ADA, the City may not be permitted to disclose to the Union and/or affected employees the reason(s) for its actions and/or that its actions are being taken in order to comply with the ADA. Accordingly, it is recognized and agreed that the City may unilaterally and with or without notice take any action that it deems necessary to comply with the ADA even if such action is otherwise inconsistent or in contravention of a provision of this Agreement. The City's action(s) in this regard is (are) not grievable. - 55 - AGR766mk ARTICLE 31 TERMINATION OF EMPLOYMENT Section 31.1. Upon termination an employee shall be paid for accumulated sick, vacation, and compensatory time leave, as follows: a) Sick leave will be paid at the rate of one hour of pay for each two hours of accumulated sick leave provided the employee terminates in good standing. b) Vacation leave will be paid in full for time accumu- lated. c) Compensatory time will be paid in full for time accumu- lated. - 56 - AGR766mk ARTICLE 32 VACATION Section 32.1. Vacation shall be allotted in accordance with the following schedule: - 0 to 1 year of service 6 hours per month - over 1 year to 3 years and 11 months of service - 8 hours per month - 4 years and above - 10 hours per month For each year after five years zero months of service an employee shall accrue one additional day (8 hours) of vacation along with the above accrual, at employee's anniversary date, to a maximum allowance under this section of twenty (20) days (8 hour days) per year. Section 32.2. Vacation leave may be accumulated up to a maximum of four weeks as of October 1, of any fiscal year. Employees with five or more years of service may accumulate six weeks of vacation. The City Manager may, at the request of the department director and demonstration of extenuating circumstances, grant an extension for accumulation and usage at his/her sole discretion. Section 32.3. Vacation leave may be used to supplement sick leave due to sickness or injury only after sick leave has been fully exhausted. Section 32.4. Vacation leave may not be granted before earned. Section 32.5. An employee or his/her designated beneficiary in case of death shall receive full payment for all earned vaca - 57 - AGR766mk tion leave upon separation of service at the rate of its biweekly or hourly wage or salary. Vacation leave is earned each month of service, not on an annual basis. Section 32.6. Holidays which occur during a selected period of vacation leave shall not be charged against the vacation leave. Section 32.7. The period selected by an employee for his vacation leave must have prior approval of the department director. Section 32.8. An employee cannot be paid in lieu of taking his last year of vacation except upon separation. Section 32.9. Department directors will arrange vacation schedules and reallocate remaining duties on such a basis as to cause minimum interference with the normal functions and operations of the organization to determine their respective department's vacation schedule and the system by which the respective employees are assigned vacation leave. Section 32.10. Vacation leave will be at the employee's regular rate of pay. - 58 - AGR766mk ARTICLE 33 VOTING IN PUBLIC ELECTIONS Section 33.1. The City shall permit each employee member who is a registered voter a reasonable amount of time off without loss of pay to vote in any local, general or special election where the employee cannot otherwise have time to vote. - 59 - AGR766mk ARTICLE 34 WORK SCHEDULE Section 34.1. An officer shall normally be given adequate advance notice of any change in his regular hours of work except where emergency exists. Notice given less than 48 hours before he is to begin work under a changed schedule entitles the officer to receive compensation at the rate of time and one-half for the first day of his tour of duty. Section 34.2. The City shall post a work schedule at least one week in advance of any contemplated change in an employee member's status. This is to include transfer, reassignment and change of shift. Section 34.3. Whenever a shift rotation occurs, no member shall be forced to work a continuous shift. Members rotating from the evening shift or midnight shift shall be entitled to at least eight hours of off-duty time before returning to work. In the event of an emergency, the eight hours may be varied. - 60 - AGR766mk ARTICLE 35 WORK WEEK Section 35.1. The basic week of service for each member employee shall not be more than 40 hours. - 61 - AGR766mk ARTICLE 36 WORK AREA Section 36.1. Many of the public safety officers varied duties and investigations require that a substantial number of his working hours be spent in the public safety building. Therefore, the City shall make every effort to insure adequate working space will be available including giving consideration to the establish- ment of no -smoking areas. - 62 - AGR766mk ARTICLE 37 DRUG TESTING Section 37.1. The City will provide a yearly physical exam, including chemical drug testing for each member of the bargaining unit. Every third year after an employee reaches age 35, the City shall provide, at the City's expense, a full cardiac fitness exam including a stress test when recommended by the treating physician. Section 37.2. The City and the Union recognize that employee substance and alcohol abuse has an adverse impact on City govern- ment, the image of City employees, the general health, welfare and safety of employees, and the general public at large. Section 37.3. Using, possessing, soliciting, buying, selling or being under the influence of alcohol, drugs or controlled substances while at work is prohibited. Employees are further prohibited from consuming drugs or controlled substances (unless prescribed by a physician) on or off duty, from consuming alcohol on duty (unless ordered to do so as part of a special undercover assignment), and/or from abusing alcohol off duty to the extent that such use and/or abuse tends to have an effect upon the performance of their job functions. Section 37.4. The City may require any employee to submit to a blood analysis, urine analysis, intoxalyzer, hair analysis or other testing method when it has a reasonable suspicion that an employee is in violation of the provisions of Section 2, above. Reasonable suspicion includes, but is not limited to, the following: - 63 - AGR766mk a. Observable phenomena while at work, such as direct observation of drug use or the physical symptoms or manifestations of being under the influence of a drug, controlled substance or alcohol; b. Abnormal conduct or erratic behavior while at work or a general deterioration in work performance; c. A report of an employee using drugs, controlled substances or alcohol, provided by a reliable and credible source; d. Evidence that an individual has tampered with a test administered under this Article during his employment with the City; e. Information that an employee has caused, or contributed to, an accident while at work; or f. Evidence that an employee has, during his employ- ment, violated the provisions of Section 2, above. Section 37.5. The City may (in addition to reasonable suspicion testing pursuant to Section 3) require employees to submit to a blood analysis, urine analysis, intoxalyzer, hair analysis or other testing method on a random basis. In this regard, it is agreed that all bargaining unit members may be required to submit to random testing during the 1992-1993 fiscal year. Thereafter, up to fifty percent (50%) of bargaining unit members may be required to submit to random testing each fiscal year. In the event an employee selected for random testing has been exposed to drugs/narcotics in the line of duty (in such quantities and in such a manner that could lead to a positive test result) within the previous thirty (30) days and this exposure was - 64 AGR766mk reduced to writing in a timely fashion, the City may select another individual for random testing. Section 37.6. At the same time (or before) the employee submits to testing under this Article he will provide the City with a written list of any and all medication that the employee is presently taking. The employee will also include any medication taken within the past thirty (30) days, as well as any non- prescription medication taken within this time period. Section 37.7. The type and method of testing under this Article will be determined by the City, in its sole and exclusive discretion. Currently, the City will utilize the EMIT screening test with the GC/MS confirmatory test. However, in the event the tests change due to improved technology the City agrees that it will utilize a screening as well as a confirmatory test. Section 37.8. The standards to be used for employee drug testing are as follows: DRUG TESTING STANDARDS Drug Metabolite Screening Test Confirmation Test Amphetamines 1,000 ng/ml 500 g/ml Barbiturates 300 ng/ml 150 ng/ml Benzodiazepines 300 ng/ml 150 ng/ml Cocaine 300 ng/ml 150 ng/ml Marijuana 100 ng/ml 15 ng/ml Methaqualone 300 ng/ml 150 ng/ml Opiates 300 ng/ml 300 ng/ml Phencyclidine 25 ng/ml 25 ng/ml - 65 - AGR766mk The City may change these standards, in its discretion, if different standards are adopted pursuant to state and/or Federal law, including Florida Workers' Compensation Act. Also, other drugs and/or illegal substances may be tested for by the City in its discretion. In that event, they will be tested at levels according to generally accepted toxicology standards. Section 37.9. At the conclusion of the testing conducted under this Article, the City may take whatever action, if any, it deems appropriate. In the event disciplinary action is taken, such action is subject to the grievance procedure contained in this Agreement. Section 37.10. The parties agree that an employee's refusal to submit to testing in accordance with the provisions of this Article may result in disciplinary action being taken against the employee up to and including dismissal. Section 37.11. Nothing in this Article shall, in any manner, affect the right of the Police Chief to require any officer to submit to a fitness for duty examination at any time. - 66 - AGR766mk ARTICLE 38 DISCIPLINE AND DISCHARGE Section 38.1. Non -probationary employees may be disciplined only for cause. Employees so disciplined shall be provided with written notice of the basis of the discipline. Disciplinary action shall include the following: a) Verbal reprimand; b) Written reprimand; c) Suspension/forfeiture of time; d) Demotion; e) Discharge. Section 38.2.. The union agrees that: a) Supervisors and above may give verbal reprimands; b) Lieutenants and above may give written reprimands; c) The chief may suspend/forfeit time for one work day; d) The City Manager may suspend/forfeit time in excess of one work day, demote or discharge. - 67 - AGR766mk ARTICLE 39 MATERNITY LEAVE Section 39.1(0). A pregnant employee will be permitted to work during the full term of her pregnancy but may be required by the City to undergo medical examination in accordance with the provisions of this article. Section 39.1(1). A pregnant employee may be required by the police chief with the approval of the personnel director to undergo medical examinations to determine her physical fitness to continue to perform the work in which employed. Such medical examination shall be paid for.by the employer. Section 39.1(2). Determination of physical fitness will be by a physician or physicians designated by the City. Section 39.2. Accrued sick leave will be authorized by reason of pregnancy or complications arising out of pregnancy. Section 39.3. An employee covered under this Agreement may be granted a maternity leave of absence without pay for a period not to exceed one year. However, upon request, an employee will be granted a leave of absence not to exceed 90 calendar days. Such leave shall require prior approval of the City Manager. Section 39.4. An employee on sick leave or maternity leave without pay by reason of pregnancy or conditions arising out of pregnancy may be required by the police chief to submit a certi- ficate signed by a physician stating that she is physically fit to return to the work at the position in which employed. The personnel director may require further determination of physical fitness by a physician or physicians designated by the personnel - 68 - AGR766mk director. Such additional medical examination shall not be at the expense of the employee. An employee returning to work after such leave shall maintain seniority or other benefits as provided in this Agreement. Section 39.5. Disability caused or contributed to by preg- nancy shall be treated the same as any other temporary disability provided for in this Agreement. Sick leave and leave without pay shall be granted on the same basis as for other disabilities. The starting date of such leave will be determined by the request of the employee and the written certification of the inability to perform required duties by the employee's personal physician. The personnel director may require further determination of physical fitness by a physician or physicians designated by the personnel director. Such additional medical examination shall be at no expense to the employee. Section 39.6. An employee working during the term of her pregnancy will not be denied the benefit of any personnel decision such as promotion, transfer, or selection for training, which would have been made, since promotion or transfer to positions with different physical demands may be conditioned upon prior written approval of the employee's personal physician or physicians designated by the personnel director or both. Section 39.7. In all cases requiring a report from the City physician, such report shall be available within two weeks from the date of examination. A copy of such report will be made available to the employee by the personnel director upon request. - 69 AGR766mk ARTICLE 40 PERFORMANCE RATING REVIEW Section 40.1. Employees subject to performance evaluation shall be provided a copy of the performance rating. The rating form shall provide space for the employee to indicate either the acceptance of the rating or the intention to appeal the rating is outlined below. Section 40.2. An employee who objects to a performance rating because the employee believes that the rater was prejudiced, may have such rating reviewed by the rating and reviewing authori- ties. If after such review, the employee still believes that the rater was prejudiced, the employee may offer rebutting comments which become a permanent record with the rating form. Section 40.3. A marginal or unsatisfactory rating for the entire evaluation and not any one section shall automatically be reviewed by the City Manager. Section 40.4. The employee performance review process and form will allow employee rebuttal and remarks. Such rebuttal and remarks become a part of the permanent record of the review. Section 40.5. An employee's performance will be evaluated annually on his or her anniversary date under this Article. When an employee becomes promoted, the date of promotion becomes his or her anniversary date. Probationary employees will be evaluated periodically throughout the probationary period. - 70 - AGR766mk ARTICLE 41 TRANSFERS Section 41.1. It shall be the sole right of the chief of police to transfer employees of the department where such transfer does not result in the loss of pay (excluding clothing allowance or other benefits attributable to the prior assignment) to the transferred employee. If a transfer is a permanent change in the officer's assignment, shift, or days off, the employee shall be given no less than five working days' notice prior to the transfer in order that the employee may arrange for an orderly change. The five day notice may be waived by the employee, and it need not be given where unforeseen needs of the department or emergency conditions require that temporary changes be made with little or no advance notice. - 71 - AGR766mk ARTICLE 42 DEPARTMENT POLICY RULES AND REGULATIONS Section 42.1. It is agreed and understood that the police department currently has policy, rules and regulations governing employment. In the event that the department implements any such work rule change after the effective date of this Agreement, the Department shall give FOP ten days prior notice. The FOP may then demand impact bargaining over any such change. No rule, policy or regulation may be altered which specifically conflicts with or abrogates any term or condition of employment set forth in this Agreement, unless agreed to by the parties. Section 42.2. Within 60 days following ratification of this Agreement by the City Commission, police department management will undertake to modify the departmental policy, rules and regulations in order to conform with the Collective Bargaining Agreement. Section 42.3. In the event of a conflict between the rules and this Agreement, the Agreement shall control. - 72 - AGR766mk ARTICLE 43 PROBATION Section 43.1. The probationary period shall be regarded as an integral part of the employment process. It shall be utilized for closely observing the employee's work and for securing the most effective adjustment of the new employee to his/her position, and for "separating" employees whose performance does not meet the required standards. Section 43.2. The standard probationary period for all new employees shall commence upon hire and will last for twelve (12) calendar months from the date that the employee begins working for the Police Department as a paid, full-time sworn and certified Police Officer. Upon the expiration of this time period, the City shall either: (1) approve, in writing, retention of the employee, at which time the employee shall be granted regular status; or (2) in the event the City shall fail to approve retention, the employee shall automatically be separated from employment with the City, said separation being absolutely final, with no rights of appeal to any authority, including the grievance/arbitration procedure contained herein. Section 43.3. During the above-described Probationary Period, the employee may be reprimanded, discharged and/or otherwise disciplined for any reason and it is also agreed that the provisions of the grievance procedure shall not be available as it relates to discipline or dismissal; however, the above said employee shall have access to the grievance procedure as it relates to other matters. - 73 - AGR766mk Section 43.4. In the event an employee receives a promotion to the rank of Sergeant, the employee shall serve a probationary period of six (6) months of continuous employment. Upon expiration of the time period (or sooner, if appropriate), (1) the City shall approve, in writing, that the employee be granted regular status as a Sergeant; or (2) in the event the City shall fail to approve regular status, the employee shall automatically revert to the position from which he was in prior to promotion. This reversion is not grievable or otherwise subject to challenge. - 74 - AGR766mk ARTICLE 44 TERM OF AGREEMENT Section 44.1. Except as provided in Article 26, this Agreement shall become effective upon the date of ratification by both parties and shall continue in effect until September 30, 1994. This Agreement shall not be extended orally and it is expressly understood that it shall expire on the date indicated. - 75 - AGR766mk CITY OF PARKLAND and FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE This labor Agreement has been duly ratified and agreed to by the parties in accordance with the provisions set forth in Florida Statutes, Chapter 447. CITY OF PARKLAND FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE May ‚6:- sident Date: Virn APPROVED AS TO FORM AND CORRECTNESS: City Attorney ATTEST: a.�-- City Clerk AGR766mk Date: .7 ZS/ y Chief Negotiator Date: - 76 - PUBLIC SAFETY OFFICER 10/1/93 PUBLIC SAFETY SERGEANT 10/1/93 AGR766_a AP ENDIX A CITY OF PARKLAND SALARY�GgS $25,800 to $40,104 $28,000 to $44,164 APPENDIX B Beginning the first full pay period after October 1, 1993, the following "slotting adjustments" will be made. 1993 Effective Salary 10/1/93 Brown 23,378 25,800 Calavetta 24,139 27,379 Carrasquillo 23,378 25,800 Kowalski 24,708 27,927 Katz 23,378 25,800 Long 36,878 38,439 McDougall 23,378 25,800 McKnight 36,878 38,439 Palumbo 23,378 25,800 Rider 38,609 40,790 Search 24,139 26,316 Stevens 32,396 34,045 Switaj 38,640 40,687 Volpe 23,378 26,316 Zipnick 34,609 36,129 AGR766-b