HomeMy WebLinkAbout1994-32 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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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,
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but may, in and of itself, be remedied under the grievance
procedure contained in Article 15 of this Agreement.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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:
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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
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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
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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.
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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
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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.
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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,
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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ARTICLE 35
WORK WEEK
Section 35.1. The basic week of service for each member
employee shall not be more than 40 hours.
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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.
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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:
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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Date: .7 ZS/ y
Chief Negotiator
Date:
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PUBLIC SAFETY OFFICER
10/1/93
PUBLIC SAFETY SERGEANT
10/1/93
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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
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