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1999-08 FOP Agreement RESOLUTION NO. 99 - 08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BETWEEN FLORIDA STATE LODGE OF FRATERNAL ORDER OF POLICE AND THE CITY OF PARKLAND, FLORIDA 1998-1999. 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 the attached Collective Bargaining Agreement between the City of Parkland and Florida State Lodge of Fraternal Order for the purposes of promoting harmonious relations between the City and the FOP and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That. the appropriate City Officials are hereby authorized to execute the attached Collective Bargaining Agreement between the City of Parkland and the Florida State Lodge of Fraternal Order of Police for the purposes of promoting harmonious relations between the City and the FOP, Section 2. That this Resolution shall become In full force and effect immediately upon its passage and adoption, PASSED AND ADOPTED THIS 1 0 DAY OF FEBRUARY , 1999. CITY OF PARKLAND, FLORIDA SALB.&~ ATTEST: ,-S'M-r- ~~ SUSAN ARMSTRONG, C.M. CITY CLERK COLLECTIVE BARGAINING AGREEMENT BETWEEN FLORIDA STATE LODGE OF FRATERNAL ORDER OF POLICE AND CITY OF PARI<LAND, FLORIDA 1998 - 1999 TABLE OF CONTENTS ARTICLE PAGE 1 Preamble....,...............,..............,............,....,..,......."..,....,........, 1 2 Recognition ..... ....... ......' .....,...... .....,.....,..,., ,.... ....,."....".........., 2 3 Management Rights..." .....' ..,... .... ......., ......" ..,............,...... ....,. 3 4 Non-Discrimination ......,..,..,..,.........................,................,....,. 5 5 Rights of Law Enforcement Officers Under Investigation...,... 6 6 Acting Officer.. ......,.....,.. ......,..,.... ......'....., .......,..,. ..,..".,'... ,.... 9 7 Bereavement Leave.....""...", ,..,.......,.."..,.."",..,...".....""...",.. 10 8 Bulletin Boards and Miscellaneous ...................,........,............ 11 9 Civil Suit ..... ......,..."..,..".........,.""..,...",..,.."",....."..,......""", 12 1 0 Off Duty Employment ,...."" ,... ,..,..".." .....",..,.....,...."""...,..., 13 11 Dues Deduction ...,.................,...........................................,.... 14 12 Education ..........,.."""..,.. ........,.".."...."""..,..",....",..,..", ,...." 15 13 Equipment ..........,... ......",..,.......... ............ ........, ,....".."....".,.., 16 14 Death Benefits."....., ..."............,...",...."..,......, ..,..,....,..",.., ....., 17 15 Grievance and Arbitration Procedures '.... .........................,...., 18 16 Holidays",.."...."...."""""..",..",.."",.."".... ,...,...."",."..""""., 24 17 Medical Insurance..,....,....".,....,.."..,..., ......"",......"..""....,..... 25 18 Leave of Absence ................................,.........,....,...................., 26 19 On the Job Injuries .....................................:............................ 27 20 Overtime Pay"...,.."",..,..,... ..,..., ............... ..,.... ..,........"......,.." 28 21 FOP Business ...".......... ............. ..., ..,....., ....."......... .....",.....,.... 29 22' Promotional Examinations for Sergeant ...........,......,......,....,.. 30 23 Permanent Shifts ",.."...,...""."....,..,.,.......".",..."...",.,'...,.,."" 31 24 Political Activity, ...,.".." ..........,...,......, ....." ..."..,........,.........." 32 25 Savings Clause..",..,.""""..,..,..,.......".." ,."..,..."..".,.."..",..,..,. 33 26 Public Safety & Assignment Pay Steps ,.................................. 34 27 Senlonty ,....."....,...,."...,.. ........"............"".......,.."........",....... 35 28 Sick. Leave ...". ,..,...."..."",...."..".."",...",...."",......"..,.",..",... 37 29 Americans With Disabilities Act ........................................,.., 39 30 Termination of Employment .......,.. ..... ......................,..........., 40 31 Vacation ................,....... ........ .....,........................... ..... ..........., 41 32 Voting in Public Elections .................................,...................., 43 33 Work Schedule/fransfers ,......................,................................. 44 34 Work Weel, ",..",..""".."" .......,., ..........".."........,.......,..",...,... 45 35 Drug Testing"...",..,.""""..,.....,.".....,..""".,.."""".,..,...."..."" 46 i. ARTICLE PAGE 36 Maternity I..eave ,.............., ,...,..,....., .....", ........,....,....,........ ..... 50 37 Department Policy Rules & Regulations Probation ............... 51 38 Critical incident..,...."""" ....,...., ............ '...,..,'..'.., ......, ,.,.. ......, 52 39 Reproduction ......, ,....",." ......................... ,.,.... '....., ........ .......,.. 53 40 Pension........,.....,........"..,........,...,......,.................................... 54 41 Term of Agreement .............' ........ ............,.. ..........,..,..... ......... 55 ii. ARTICLE I PREAMBLE This Agreement is entered into by Parldand, Florida, hereinafter referred to as the "City" and the Florida State Lodge, Fraternal Order of Police, hereinafter referred to as the "Union" or 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, I 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 employees 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 ARTICLE 3 MANAGEMENT RIGHTS Section 3,}, 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 other wise change work schedules or work week, assign work and overtime, establish, modify or change rules and regulations applicable to employees covered by this Agreement, f) To hire, examine, classify, promote, train, transfer, schedule employees in positions with the City, g) To promote and/or otherwise establish the criteria and/or the procedures for promotion as set forth in Article 22 and the number and types of positions as well as the number and types of positions in each grade, step or designation in 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 composition of the work force, including the right to relieve employees from duties because of lack of work or a lack of funds, 3 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 organization, department or division thereof or project, n) To set procedures and standards to evaluate City employees, 0) To establish, change or modify duties, tasks and responsibilities or requirements within job classification in the interest of efficiency, economy, techno- logical change or operating requirements, p) To establish and revise or discontinue policies, practices, programs or procedures, 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, areretained by the City, except those specifically abridged, delegated, granted or modified by this Agreement. Section 3.4, If the City fails to exercise anyone 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 managerial decision may have on wages, hours, and terms or conditions of employment to the extent provided by law, 4 ARTICLE 4 NON-DISCRIMINATION Section 4.1. The City will not discriminate against any employee covered by this Agreement because of membership or nonmembership 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, Section 4,3, The FOP shall allow all members in good standing to attend all meetings, as defined by the By-laws, 5 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 investigation 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 following conditions in accordance with F,S, 112.532, F.S, 112,533 and F.S. 112.534: 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. e) Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities 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 officer, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. The originating party shall be reimbursed by anyone requiring copies of the recording, Upon request of the interrogated officer, a copy of any such recording of the interrogation session must be made available to the interrogated officer no later than 72 hours, excluding holidays and weekends, following the interrogation, 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. 6 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 interrogation whenever the interrogation relates to the officer's continued fitness for law enforcement service. j) An employee shall not be obligated to give an additional statement concerning the same facts solicited in the original statement. This will not preclude subsequent statements from being taken for the purpose of clarifying specific points or when additional information has come to light in the interim, k) No mechanical devices, including but not limited to a polygraph, computerized voice stress analysis , etc" shall be forced on an employee nor shall disciplinary action be taken against any employee who refuses to submit to such testing, I) 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 stenographically recorded, the member shall be given a copy of such record or transcript if requested. m) No bargaining unit member shall be compelled to give general discipline statements to any other entity other than the Parkland Public Safety Department or the Parkland City Manager. 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 payor benefits or which might otherwise be considered a punitive measure shall be taken against any law enforcement officer unless such law enforcement officer is 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, transferred or reassigned; or otherwise be discriminated against regarding his / her 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 sole discretion of the Director of Public Safety, with approval of the City Manager or his or her designee, a bargaining unit member's accrued leave time may be utilized as an alternative to suspension, 7 Section 5,6, In accordance with the Section F.S. 112,532, F,S. 112,533 and F,S. 112,534, 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 affairs 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 statements made by the complainant and witnesses immediately prior to the beginning of the investigative inteIView.If a witness to a complaint is incarcerated in a correctional facility and may be under the supervision of, or have contact with, the officer under investigation, only the names and written statements of the complainant and non-incarcerated witnesses may be reviewed by the officer under investigation immediately prior to the beginning of the investigative inteIView. Section 5,7, The City may send a bargaining unit employee to a City-paid health care practitioner for a psychological examination (the scope of said examination shall be determined by the health care practitioner) conducted by a City-selected health care practitioner where it is deemed by management to be in the employee's or the City's best interest. If the bargaining unit employee or the FOP disagree with the health care practitioner's assessment, the employee will be given the opportunity to seek a second opinion. The employee shall bear the cost of the second opinion, which may be paid through the employee's health insurance, if applicable. If the City believes that there is a conflict between the first and second opinion, the City may send the employee for a third, binding opinion, at the City's cost. The third selection shall be mutually agreed to by the city's health care practitioner and the Employee's health care practitioner. Section 5,8, It is agreed by and between the parties hereto that any alleged violation of the provision of the Florida Statutes, Chapter 112, Part VI shall not be a defense to disciplinary action, but may, in and of itself, be remedied under the grievance procedure in Article 15 of this Agreement, 8 ARTICLE 6 ACTING OFFICER Section 6.1. Employees temporarily filling a position of higher rank who work at said position shall be compensated from day one and shall be entitled to one hour of overtime payor compensatory time per eight (8) hour shift. Section 6.2. Any officer assigned to the duties of a field training officer shall receive an additional $ID.OOper assigned shift as an F.T.a, Said officer shall be selected by the Director of Public Safety. 9 ARTICLE 7 BEREAVEMENT LEAVE Section 7,1, Funeral leave shall be granted to an employee requesting same by filing, in writing with the Director of Public Safety, for a period not to exceed five (5) working days in the event of death of an immediate family member for the purpose of attending the flmeral or should it be necessary for the employee to attend to the funeral arrangements of the deceased. Leave in excess of the five (5) days may be authorized by the Director of Public Safety. Section 7.2. Funeral leave with pay not to exceed five (5) days 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, Any absence in excess of this amount shall be charged to vacation leave, if available compensatory time, if available or leave without pay if no vacation or compensatory time is available, Section 7,3, Funeral leave shall not be charged to sick leave. Section 7,4, The Director of Public Safety shall require proof of a death in the family before compensation is approved and paid, 10 ARTICLE 8 BULLETIN BOARDS AND MISCELlANEOUS Section 8,1. The City will provide one bulletin board location 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 document 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 approximately 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. The City agrees that said FOP mail will be fOlWarded to the Police Department. The FOP mail will be placed in a FOP mailbox, at which time it will be the responsibility of the FOP Lodge President or designee to distribute said mail to all the FOP members. Section 8,5, The FOP President or designee is responsible for posting and remo- ving 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 Director of Public Safety, Section 8,6. At the time of the posting of said material on the bulletin board the City shall be sent a copy of said material at the same time. The FOP agrees not to post any material that would affect the overall performance of the City or the Parkland Public Safety Department, 11 ARTICLE 9 CIVIL SUIT Section 9.1, The City shall automatically undertake the defense of any member employee in a civil action lawsuit arising out of an alleged act of the employee when the alleged act is claimed to have occurred out of activities which were within the scope and course of the member's employment, Section 9.2. The City will indemnify all member employees against any judgments levied against them as a result of an act of the employee when the alleged act is proven to have occurred out of activities which were within the scope and course of the member's employment, Section 9,2(a). In no event will the City indemnify any member employee for any adverse award or judgment for punitive damages. Section 9.3. The City shall have the right to select both counsel for itself and for all members/employees whom it has undertaken to defend, The City shall control the lawsuit and have final decision making authority on its own behalf as well as on behalf of any members/employees it has undertaken to defend, including but not limited to selection of counsel and settlement, The City agrees to notify all members/employees, whose defense it has undertaken, of settlement, 12 ARTICLE 10 OFF DUlY EMPLOYMENT Section 10,1, The Union recognizes that the City has the exclusive right to establish policy for all off-duty police employment. The City agrees that during the term of this Agreement, it may 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 directives, Section lOA, The Union agrees that the City may suspend or deny off-duty police employment when the public safety director 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 written approval of the Director of Public Safety who shall have sole discretion to deny said approval when he believes it to be in the best interest of the City of Parkland, 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 Director of Public Safety will consider any rele- vant information submitted by the FOP, 13 ARTICLE II DUES Section 11.1. Employees covered by this Agreement may authorize payroll deductions on the proper form (appendix A) 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 II ,3, Dues will be deducted monthly and the funds deducted shall be remitted to the FOP at 5811 Memorial Highway - Suite 205, Tampa, FL 33315 or their designee within 30 days, along with a current name list of dues paying members, The FOP will indemnify, defend and hold hannless 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 and the FOP in writing on an attached prescribed City form (appendix AA), 14 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, In order to assist employees to obtain degrees, tuition refunds will be approved for degree programs 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 12,2. Funding for any educational reimbursement program shall be included in the approved annual budget. Such requests require approval in advance by the Public Safety Director, Personnel Director and the City Manager, Section 12.3, Employees requesting educational assistance shall complete and submit Educational Assistance Form to the Public Safety Director. Section 12.4. 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 12,5. Upon the employee's successful completion of the approved course with a final grade of "C" or higher, or "pass" in a "pass/fail" class, the City will reimburse the employee for 75% of the tuition, books and lab fees, provided the employee furnishes a payment receipt and an official grade report within 90 days of completion, Section 12,6, 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. Section 12,7, Training and study time will be undertaken during the employee's off-duty time, Section 12.8. Training undertaken during "on-duty" time must first be approved in writing by the Director of Public Safety. Section 12.9, The City will continue to use its best efforts to permit employees to attend the volunteer fire academy while on duty, 15 ARTICLE 13 EQUIPMENT 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 (5) uniform shirts, badge, name tag, shells, rain gear, ballistic vest, jump suit and protective fire gear. Additional uniforms may be ordered by the Director 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 chosen by the City, every 3,000 miles or every three (3) months, whichever occurs first. Section 13.4, In the event that any public safety 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 Idt, loud speal<.er, fire extinguisher and flares, Section 13,6. To protect officers while they are away from their public safety vehicles, the City shall provide radio communications for each on-duty officer, Police radios may be used for off-duty details if sufficient radios are available. Section 13,7. The City shall provide in each year of the Agreement to each bargaining unit employee $300.00 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 $500,00 clothing allowance within ninety (90) days of such assignment, 16 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 ldlled 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) Effective upon execution of this contract. additional life insurance coverage shall be equal to base salary for one (1) year not to exceed $50.000,00. Section 14,2, If the State of Florida amends the minimum requirements for public safety officer death benefits. the City will comply with any such minimum standards. 17 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 bargaining unit members concerning the interpretation or application of or compliance with this Agreement, including disputes regarding discipline. Any grievance presented must be signed by the complainant, Any writing required must be hand-delivered, faxed, or mailed via over-night mail. 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. Notwithstanding anything to the contraty herein, the City Manager shall have the sole discretion to terminate any probationaty 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 ten (10) 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 ten (10) working days after the meeting. 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 lieutenant or designee not later than ten (10) working days after the immediate super- visor's response was rendered in Step 1, The lieutenant or designee shall conduct a meeting with the affected employee(s) and the Union, within ten (10) working days of receipt of the written grievance and shall reply to the employee(s) in writing, of the deci- sion within ten (10) working days after the close of the meeting, Step 3. If the grievance is not settled to the satisfaction of the employee(s) in Step 2, the decision may be appealed by presenting the written grievance to the Director of Public Safety or designee no later than ten (10) working days after receipt of the decision by the lieutenant or designee in Step 2, The Director of Public Safety or designee may have legal counsel present and shall conduct a meeting with the affected employee(s) and/or union steward within ten (10) worldng days of receipt of the appeal and shall reply to the affected employee and the Union in writing, within ten (10) working days following the close of the meeting, 18 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 no later than ten (10) working days after receipt of the decision by the Director or designee at Step 3, The City Manager or designee may have legal counsel present and shall conduct a meeting with the affected employee(s) and/or union steward within ten (10) working days of receipt of the appeal and shall reply to the affected employee(s) and the Union, in writing, within ten (10) working days following the close of the meeting. If the grievance is not concluded to the satisfaction of the employee(s), then Section 15.5 shall apply, All meetings described in Steps 3 and 4 above, maY' be voice recorded or recorded by means of court reporter, upon one (1) working day verbal notice given to the City Manager or Director of Public Safety or the union representative, whichever is applicable. The party requesting the Court Reporter shall bear the cost, 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, exclusive 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 acknowledge receipt of grievances by signing and dating the proper form (Appendix B) 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 ten (10) working days of its occurrence or within ten (10) 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, The 19 City shall not be subject to any liability for any period more than ten (10) working days prior to the date the grievance was filed in writing. g) A union steward shall be permitted to confer with the appropriate supeIVisor and/or lieutenant or designee under the circumstances defined in Steps 1 and 2 without loss of pay. 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 lieutenant or designee in Steps I 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, h) In accordance with state law, the union shall not be obligated to process a grievance of a non-member, I) The union shall have the right to file a grievance in the third step of the grievance procedure in any non-disciplinary matter involving the interpretation or application of this Agreement: Section 15.4 (l ), Employees may be disciplined only for just 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. Oral reprimand/counseling form shall be used for evaluation purposes only. a) Disciplinary action shall include the following: 1) Written reprimand; 2) Suspension/forfeiture of time; 3) Demotion; 4) Discharge. b) An appeal of a written reprimand, suspension, demotion, or discharge shall be processed as set forth in the grievance procedure, Section 15.4(2). In considering the severity of a disciplinary recommendation, the Director of Public Safety or designee may take into account past discipline that was 20 a written reprimand or greater. Depending on the severity of the offense, all discipline shall be progressive in nature, Section 15.4(3). In any case which an employee is charged by proper authorities with the commission of a crime, 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 disposition of the criminal charges, Section 15.5, The City and the tmion shall within ten (10) 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 Conciliation 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 arbitrators 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 appoihtment, Section 15,6(1 ). The arbitration shall be conducted under the rules set forth in this Agreement and shall proceed as follows: Section 15.6(2). Upon notification of appointment, the arbitrator shall commtmicate with the parties as soon as possible to arrange for the date and place of the hearing, or, if questions of material fact are not at issue, arrange for the joint submission of stipulations of fact and relevant documentation concerning the grievance, Section 15.6(3). If no hearing is to be conducted, by mutual agreement of the parties, each party shall submit to the arbitrator a statement of position regarding the grievance, within ten (10) working days. 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, and provide each other with a written list of witnesses to be called during the proceeding, Section 15,6(4), The arbitrator shall have exclusive jurisdiction 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 proceeding, Evidentiary matters shall be governed by the Florida Rules of Civil Procedure and by the Florida Evidence Code, 21 Section 15.6(5). 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 15.6(6), 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 15.6(7). Except as provided in Section 15.6(2), the decision of the arbitrator shall be based solely upon the evidence and arguments properly presented by the respective parties. Section 15,6(8). 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 15,6(9), 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 conclusions on the issue submitted unless otherwise agreed in writing by the parties, Section 15,6(10), In all cases, the party claiming misrepresentation or misapplication of this Agreement shall have the burden of proving its contention by preponderance of competent evidence. Section 15.6(11), 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 arbitrator, 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, detracts from or adds to any of the terms or provisions of this Agreement. Section 15,6(12), The cost for the services of the arbitrator shall be borne equally by both parties. The proceeding shall be recorded by a certified court reporter, whose fee shall be borne equally by both parties. The parties shall bear the costs of their own representatives, counsel and witnesses, Either party to this Agreement desiring a 22 transcript of the arbitration hearing shall be responsible for the cost of the transcript unless otherwise agreed to, in writing, by the parties, 23 ARTICLE 16 HOLIDAYS Section 16.1. The City shall recognize the following as paid holidays for employees covered by this Agreement: New Year's Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day Christmas Day Personal Day 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, All 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 for all hours worked and will also be credited and receive compensatory time equal to the number of hours worked (but not less than eight hours) to be used at a later date, 24 ARTICLE 17 MEDICAL BENEFITS Section 17.1, The City agrees to include within budget, an amount to pay for and provide dental, vision, disability, health and life 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, and to mal<.e recommendations, 25 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 pwposes at an accredited institution when it is related to his/her employment or a period not to exceed one year, Section 18.4, Public safety officers may be granted leaves of absence by the Director 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 prescribed training program or to perform other duties shall be granted leave of absence as provided by Florida law or Federal 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 Manager, Section 18. 7, No employee shall engage in any employment for payor profit during such leave, without prior written approval of the City Manager. 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, Section 18.8, The City and the FOP recognize the Family Medical Leave Act (FMLA) and both parties agree to abide by it, 26 ARTICLE 19 ON THE JOB INJURIES Section 19.1, Whenever an employee covered by this Agreement suffers an illness or injwy 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' Compensation benefits received until: a) City; or The employee is able to return to his or her regular employment with the b) benefit, One (1) year has passed since the employee began receiving the above 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 representative, the employee's department head and the City Manager, Section 19.4, At the end of one (1) year from the time the employee began receiving benefits described in Section 19,1, if the employee remains disabled, the employee shall be placed on pension, if eligible, or the employer may terminate the employee's employment, at the discretion of the City Manager. The one (I) year time period may be extended, on written request of the employee, at the sole discretion of the City Manager, 27 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 salazy 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, All overtime will be paid and included in bi- weekly pay checks for all overtime accumulated to date, Comp time shall be accrued in accordance with FLSA, However, the City shall buy back/convert to cash all accrued comp time on a bi-annual basis, at the sole discretion of the City, Said buy back/cash conversion shall include all time accrued as of September 30 and March 31, Said buy back/cash conversion may be carried over to the next six (6) month period, However, comp time may not be carried over beyond one (1) fiscal year, and will be paid out at the rate earned. Comp time may not be accumulated beyond the maximum of 240 hours yearly, Should an employee reach 240 hours of comp time, any additional accrued comp time will be paid bi-weekly. Section 20,3. When an employee is required to attend court (state or federal and all pre-trial hearings where the employee has been served with a subpoena) 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 (2) hours pay at the rate of time and one-half the employee's regular salary. If an employee receives a standby subpoena and it is for the employees regular day off, then the City will compensate said employee fifteen ($15,00) for said standby subpoena, Section 20.4. It is agreed between the parties to this Agreement that it shall be within the sole discretion of the Director of Public Safety 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 minimwn of three (3) hour's pay at the rate of time and one-half the employee's regu- lar-salary. This shall not apply to scheduled meetings, Section 20.6, All overtime shall be rounded off to the nearest one half hour and computed on that figure. 28 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 agrees not to interfere with the rights of officers who have chosen not to become members of the FOP, and there shall be no discrimination, interference, restraint or coercion by the FOP or any member against officers who have chosen not to become FOP members, Section 21,2, Further, the representative(s) shall be furnished all necessary, relevant information pertaining to employee's salary, wages, hours and other conditions of employment when a written request is made. Section 21.3. The local representative(s) of the FOP, as work load and schedule permit, shall also be permitted to conduct FOP business on City time without loss of payor benefits as long as this privilege is not abused as determined by the Public Safety Director and does not interfere with the operation of the department, This is to involve only representatives and not other FOP members. Section 21.4, The City shall allow the FOP to disburse information and circulars as set forth in Section 8.4. Section 21.5, The FOP representative or designee(s) 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 21,6, Section 21.6, 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 representatives 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 departmental needs, the FOP shall have the right to designate an alternative representative, 29 ARTICLE 22 PROMOTIONAL EXAMINATIONS FOR SERGEANT Section 22.1. The City agrees to continue the current practice of using professional outside testing agencies. The outside professional testing shall consist of the following: Written Test Oral Review Board Section 22,2. The City will annoWlce promotional examinations at least 60 days in advance and post the sources of information from which the examination is to be drawn, The City shall inform the employees taking said examination of the method of scoring and selection of the persons to be promoted. Section 22.3. The City shall provide sets of source reference materials for employees who are the eligible candidates for said examination, The custody and distribution of the aforesaid materials shall be made available at the time of the promotional annOWlcement. Section 22.4. Said list shall be good for one (1) year from the date of its posting. The City shall have the option to extend said list for an additional 12 months but, not to exceed 24 months total. 30 ARTICLE 23 PERMANENT SHIFTS Section 23,}, The City and the FOP agree that, within the framework of existing management rights, the department will adopt a policy of scheduling permanent shifts on a quarterly basis for non probational)' employees, Insofar as possible employees preference and seniority will be considered in making determination of shift bids, Section 23.2. If the employee covered by this agreement is required to change shifts the City will give said employee a ten (10) day notice prior to said shift reassignment. Said shift reassignment shall not be for the purpose of avoiding to pay overtime, Section 23,3. needs, The City may deviate from this article due to operational 31 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. Section 24.2. Any employee covered by this agreement shall not use their uniform and or position for any self gain. 32 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, 33 ARTICLE 26 PUBLIC SAFElY and ASSIGNMENT PAY STEPS Section 26,1, For fiscal year 1998 - 1999, employees will be evaluated annually on their respective anniversary dates, Employees receiving a satisfactory or better evaluation will receive a five (5%) percent pay increase, retroactive back to October 1, 1998, No further wage or merit increases will be provided unless hereafter negotiated, Both parties agree to commence contract negotiations for a successor agreement no later than April 1, 1999. Section 26.2. All bargaining unit members who are fire certified shall receive $2,000,00 yearly supplement to be paid monthly. Section 26,3. Each employee shall receive a salary adjustment placing him/her in the appropriate step on pay scale. Said employee shall be at the top of the pay scale within a total of eleven (11) years and this shall be accomplished by utilizing a merit and pay step combination, Section 26.4, Employees that are assigned to the following shifts will receive the following additional compensation: Afternoon Shift (3PM - 11 PM) Midnight Shift ( 11 PM - 7 AM) Fifty (50) cents per hour Seventy five (75) cents per hour Section 26.5, Employees assigned by the Public Safety Director to the following specialized units will be compensated at an additional five percent (5%) yearly supplement to be paid monthly, a) School Resource Officer (SRO). b) Dare Officer, c) Detective, 34 ARTICLE 27 SENIORIlY 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 classification 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. All shift assignments, day off groups and leave vacation requests shall be govern by seniority within that classification, Section 27,3, 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, with or without cause, 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 27.4. 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 sole discretion, return the employee to the classification previously held. If there is not such vacancy in that classification 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 27.5, Loss of Seniority - Any employee's seniority in employment shall terminate when an employee: a) Voluntarily resigns; b) Retires; c) Is discharged; d) Has not worked for the City for one (1) year after layoff; 35 e) Fails to return from authorized leave of absence for five (5) consecutive working days without authorized leave of absence; and f) Has not worked for the City for a period of one (1) year due to non-service disability, 36 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, accrued, Sick leave shall not be granted in advance of actually being 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. Sick. leave can be utilized for medical, optical and dental appointments. 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, as approved by the city manager and in accordance with FMLA, 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 benefi t will be needed, it shall be the duty of the employee to notify the department director as far in advance as possible in writing of the anticipated time and duration of the sick leave and medical certification that the employee will be unable to perform hi~er normal work fnnction, 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 director, at the earliest possible time, of the anticipated date on which the employee will be able to resume hi~er 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 personnel action form for such sick leave in a manner prescribed immediately upon return to work. 37 Section 28,7, Employees who are absent for a three (3) consecutive work day period may be required, if requested by the department 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 gronnds for the department director to 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 constitute immediate gronnds 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, sicl<.leave at the rate of one hour of pay for each two hours of sick leave accumulated, 38 ARTICLE 29 AMERICANS WITH DISABILITIES ACT Section 29.1. The City and the FOP agree that they are both covered under the ADA and that they will comply with the provisions of the ADA. 39 ARTICLE 30 TERMINATION OF EMPLOYMENT Section 30,1, follows: Upon termination, an employee's benefits shall be paid as 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 accumulated. c) Compensatory time will be paid in full for time accumulated, d) c above, If an employee is terminated for cause they shall only be entitled to band 40 ARTICLE 31 VACATION Section 31,1. Vacation leave shall be earned each month of service in accordance with the following schedule: o to I year of service - 6 hours per month I year to 3 years and II months of service - 8 hours per month 4th year and above - 10 hours per month For each year after five years zero months of seIVice, an employee shall accrue one additional day (8 hours) of vacation along with the above accrual, at employee's anniversaxy date, to a maximum allowance under this section of twenty (20) days (8 hour days) per year, Section 31.2, Vacation leave may be accumulated at a rate of 2x's the annual hours as specified in section 32,1 above. 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 31.3. Vacation leave may be used to supplement sick leave due to sickness or injury only after sick leave has been fully exhausted, Section 31.4. Vacation leave may not be granted before earned, Section 31.5, An employee or his/her designated beneficiaxy in case of death shall receive full payment for all earned vacation leave, Section 31.6. Holidays which occur during a selected period of vacation leave shall not be charged against the vacation leave, Section 31.7, The period selected by an employee for his vacation leave must have prior approval of the department director. Section 31,8. An employee cannot be paid in lieu of taking his last year of vacation except upon separation, Section 31.9, Department directors will arrange vacation schedules and reallocate remaining duties on such a basis as to cause minimum interference with the 41 normal functions and operations of the organization to determine their respective depart- ment's vacation schedule and the system by which the respective employees are assigned vacation leave, Section 31.10, Vacation leave will be at the employee's regular rate of pay, Section 31.11. Any Leave that was approved at least one (1) week prior to it's usage cannot be canceled by the City, absent an emergency situation, such as a natural disaster. 42 ARTICLE 33 WORK SCHEDULE / TRANSFERS Section 33,}, An officer shall normally be given adequate advance notice of any change in his regular hours of work except where emergency exists, Section 33,2. The City shall post a work schedule at least one week in advance of any contemplated change in an employee day off group or shift, This is to include transfer, reassignment and change of shift. Section 33,3. Whenever a shift rotation occurs, no member shall be forced to work a continuous shift absent an emergency Section 33.4, The City may not change an employees shift or transfer said employee for the purpose of avoiding the payment of overtime absent an emergency, Section 33.5, It shall be the sole right of the Public Safety Director 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 ten (} 0) worldng days' notice prior to the transfer in order that the employee may arrange for an orderly change, The ten (} 0) 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, 44 ARTICLE 34 WORK WEEK Section 34.1. The basic week of seIVice for each member employee shall not be more than 40 hours. 45 ARTICLE 35 DRUG TESTING Section 35.1. The City may require any employee to submit to a drug or alcohol test when it has a reasonable suspicion that the employee to be tested is under the influence of or is using illegal drugs, narcotics, or alcohol. The term "reasonable suspicion" means facts and/or inferences reasonably drawn which would lead a reasonably prudent person to believe that the employee is under the influence of drugs or alcohol. For the purposes of this policy "reasonable suspicion" may be defined as follows: a) ObseIVable phenomena while at work, such as direct obselVation 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) Evidence that an employee has, during his/her employment, sold, solicited or purchased drugs outside of his/her job responsibilities; f) Information that an employee has caused, contributed to, or been involved in an accident while at work. Section 35,2, No drug testing will be conducted without the written approval of two supervisory employees, Said approval shall indicate who is to be tested and why the test was ordered, including the specific objective fact constituting reasonable suspicion, A copy of this document shall be provided to the employee, Without delaying the test, the officer will be offered an opportunity to explain his/her behavior, If both supexvi.sors continue to have "reasonable suspicion" the officer will be ordered to undergo testing. Section 35,3. In addition to the "reasonable suspicion" testing provided for above, the City may institute a program of random drug testing utilizing a computer based program that will randomly select employees from the bargaining unit with no greater frequency than on a monthly basis. No employee shall be randomly tested in 46 excess of 3 times in any calendar year, The City shall notify the supervisor of each employee selected for random testing, The supervisor shall be responsible for ensuring that the employee is immediately taken to the testing site. Section 35.4, Refusal to submit to drug testing pursuant to the procedures outlined in this Article after being ordered to do so may result in disciplinary action, up to and including termination, Section 35,5. The following procedures shall apply to the blood and urine tests administered to employees: a) The City may request urine and/or blood samples. The employee may, at his sole option and expense, upon request receive a blood test in addition to a urine test if none was ordered, b) The test shall be performed at a reputable hospital or laboratory certified by the State of Florida as a medical laboratory, which complies with the scientific and technical guidelines for federal drug testing programs and.the standards for certification of laboratories engaged in urine drug testing for federal agencies issued by the Alcohol, Drug Abuse and Mental Health Administration of the U,S. Department of Health and Human Services and comply with applicable Florida Statutes. c) Urine and/or blood specimens shall be drawn or collected at a laboratory, hospital, doctor's office or medical facility. A union representative shall be allowed to accompany the employee, if requested, to the test and obsexve the collection of the specimen. If the City or the laboratory requires an obsexver when the urine specimen is given, the obseIVer shall be of the same sex as the employee being tested. All specimen containers and vials shall be sealed with evidence tape, labeled and packaged if applicable, in the presence of the employee and the union representative, if available. d) At the time the urine specimen or blood samples are collected, two samples shall be taken. In the event a urine specimen is tested as positive under the drug testing screen, as specified below, a portion of that sample shall be subjected to gas chromatography/mass spectrophotometry [OOMS testing]. If the GClMS confirmation test also is positive, the employee may request a portion of the urine sample to be supplied to a qualified laboratory for independent analysis, the cost of which will be paid by employee. The failure of the Union or the employee to have a second test performed or present the results to the City shall not be used against the employee as a basis for discipline and shall not be introduced or referred to in any arbitration or appeal proceeding. After considering the results of the second test, if any, and any explanation offered by the employee, the City may tal<.e such disciplinary action utilizing the just cause standard pursuant to this agreement. Such disciplimuy action may include referral 47 to a substance abuse program or Employee Assistance Program for assessment, counseling and referral for treatment and rehabilitation as appropriate. e) The results of urine and blood tests performed hereunder will be held confidential to the extent permitted by law. Tests shall be performed for the presence of alcohol, non-prescribed controlled substances, chemical adulteration and/or narcotic drugs. f) Tests shall be conducted using recognized technologies and recognized testing standards, Drugs, their metabolites, alcohol and other substances for which the City will screen an employee's urine and/or blood sample include, but are not limited to the following: alcohol, amphetamines, barbiturates, benzodiazepines, cocaine metabolites (benzoylecogonine), marijuana metabolites (delta-9-tetrahydro-cannabinol-9-carboxlyic acid), methaqualone, opiates, and phencyclidine, and propoxyphene, All samples which test positive on a screening test shall be confirmed by gas chromatography/mass spectrophotometry [GC'MS], Employees shall be required to document their legal drug and/or substance use, as required by the laboratory. Test results shall be treated with the same confidentiality as other medical records except that they may be released to the City, the Union (if applicable) in any proceeding held regarding any disciplinary action on account of a positive drug test result, and to any governmental agency, The affected employee must execute any required releases as a condition precedent to being able to challenge the City's compliance with this article and/or any aspect of the drug/alcohol testing procedure and/or results. The standards to be used for employee drug testing are as follows: Dru~Metabolite Test Screening Test Confinnation Amphetamines Barbiturates Benzodiazepines Cocaine Marijuana Methaqualone Opiates Phencyclidine Propoxyphene 1000 NG/ML 300 NG/ML 300NG/ML 300 NG/ML 100 NG/ML 300 NGlML 300 NG/ML 25 NG/ML 300 NG/ML 500 NG/ML ISO NG/ML 150 NG/ML 150 NG/ML 15 NG/ML 150 NG/ML 300 NG/ML 25 NG/ML 150 NG/ML An employee will be considered to test positive for alcohol at the level equal to or exceeding 0.04gOA>, Other drugs and substances listed in Schedule 1 through V of Section 202 of the Controlled Substance Act, 21 U.S,c. 812 may be tested for on behalf 48 of the City. In any event, they will be tested at levels according to generally accepted toxicology standards, Levels which are below those set above shall be determined as negative indicators. Tests for other non-prescribed controlled substances will be in accordance with federal government screening and confirmation standards. g) The employee shall be presented with a copy of the laboratory report of all specimens which were tested. h) At the conclusion of the drug testing, in the event a positive test is indicated and disciplinary action is taken, the employee may grieve such discipline through the contractual grievance arbitration procedure. I) Employees who seek voluntary assistance for alcohol and substance abuse through the Employee Assistance Program may not be disciplined for seeking such assistance, Any information identifying those employees seeking voluntary assistance shall remain confidential and shall not be disclosed to the City, without the employee's consent, Employees enrolled in substance abuse programs as outpatients, shall be subject to all City rules, regulations and job performance standards. j) All drug/alcohol testing shall occur during an employees regular hours of work with all hours involved in the testing being compensated by the City and computed as overtime for the purposes of overtime and employee benefits, k) Each step in the testing process shall be documented in writing to establish procedural integrity and to establish the chain of custody, 49 ARTICLE 36 MATERNI1Y LEA VB Section 36,1 (0). A pregnant employee will be permitted to work during the full term of her pregnancy as long as it is authorized by the employee's physician. Section 36,1 (1 ). The FOP, City and the employee all agree to abide by FMlA and the ADA, 50 ARTICLE 37 DEPARTMENT POLICY RULES AND REGUlATIONS Section 37,1. 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 post a copy of the proposed changes at least ten (10) days prior to implementation . Within the ten (10) day period, 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 37,2. Within 60 days following ratification of this Agreement by the City Commission, Public Safety Department management will undertake to modify the departmental policy, rules and regulations in order to conform with the Collective Bargaining Agreement, Section 37.3. In the event of a conflict between the rules and this Agreement, the Agreement shall control. 51 ARTICLE 38 CRITICAL INCIDENT Section 38.1. Any bargaining unit employee who is involved in a critical incident shall not be required to make an oral or written statement until legal counsel is provided by the FOP. Legal counsel shall be provided within a reasonable amount of time, A critical incident shall mean an incident involving the use of deadly force, death or serious bodily injwy, This shall not relieve the officer of the duty to provide immediate information necessary to allow the investigation or action to proceed. 52 ARTICLE 39 REPRODUCTION Section 39,1. The City agrees to furnish each employee covered by this Agreement a copy of said Agreement at no cost to the employee, Section 39,2, The City also agrees to furnish the FOP with three (3) extra copies of said Agreement at no charge, 53 Section 40,1, in effect, ARTICLE 40 PENSION The City agrees that the 401A currently in effect shall remain 54 ARTICLE 41 TERM OF AGREEMENT Section 41.1. Unless otherwise specifically provided herein, this Agreement shall become effective upon the date of ratification by both parties, retroactive back to October 1, 1998, and shall continue in effect until September 30, 1999. No modifications shall be made to this agreement unless mutually agreed to in writing by both parties, 55 CIlY OF PARIaAND and FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE This Collective Bargaining Agreement has been duly ratified and agreed to by the parties in accordance with the provisions set forth in Florida Statutes, Chapter 447, Signed and agreed to on this and in the year of 199~. 1 0 day in the month of February CIlY OF PARKlAND: FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE: -~~. STAFF CI1Y~~ ~LPE PRESIDENT LODGE 110 ~~ F~(L- LODGE 110, CONTRACT CHAIR 56 Authorization for Payroll Deduction I, ,hereby authorize my employer, The City of Parkland, to withhold from my regular pay check the amount of my dues to the Fraternal Order of Police and transmit it to the person designated by the Fraternal Order of Police to receive it. I nnderstand that I may terminate this authorization by notifying the City and the Fraternal Order of Police, in writing, thirty (30) days in advance, Furthermore, this authorization shall only be in effect so long as the Fraternal Order of Police is the Bargaining Agent and I am a member of the Bargaining Unit. This request is made pursuant to Section 447,303, F,S. (1987) I authorize payroll deduction to be made to the Fraternal Order of Police Labor Conndl or it's designee, Those deductions are to be taken out on a bi-weekly basis and payment will be made to the FOP monthly. The deduction will be in the amonnt of .$ bi-weekly. Employee Signature Date Appendix A Authorization to Stop Payroll Deduction I, , hereby request the City of Parkland stop my dues deduction to the Fraternal Order of Police Labor Council as of the below date, Employee Signature Date Appendix AA GRIEVANCE FORM Name of Employee: Classification : Immediate Supervisor: Date: STATEMENT OF GRIEVANCE: list Applicable Violation: Adjustment Required: Signature of Employee Date Presented to Management Representative Date Signature Title Disposition of Grievance: Appendix B