AGREEMENT (2)
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AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
FLORIDA STATE LODGE FRATERNAL
ORDER OF POLICE
October 1, 1977 through September 30, 1979
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Preamble
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INDEX
Article I. Recognition.
Article II. Repre sentative s of Partie s.
Article III. City's Management Rights.
Article IV. Grievance Procedure.
Article V. No Strike.
Article VI. Stewards, Check-Off and F. O. P. Business.
Article VII. No Discrimination.
Article VIII. Continuation of Civil Service.
Article IX. Prevailing Rights.
Article X. Existing Rules.
Article XI. Police Officer Dutie s.
Article XII. Seniority.
Article XIII. Promotion Procedure.
Article XIV. Direct Economic Provisions.
Section l.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section lO.
Section ll.
Section l2.
Section 13.
Section l4.
Section 15.
Holidays
Vacations
Recall Pay
Acting in Higher Position Pay
Court Attendanc e
Physical Examinations and Innoculations.
Funeral Leave
Uniform Allowances
Line-of-Duty Injury Pay
Accumulated Sick Leave Retirement
Benefits
Insurance Benefits
Overtime Pay
Wages
Compensation Time
Shift Differential
Article XV. Bulletin Boards and Posting of Agreement.
Article XVI. Amendments.
Article XVII. Severability and Waiver.
Article XVIII. Contract Constitutes Entire Agreement
of the Parties.
Article XIX. Duration, Modification and Termination
Appendix A
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PREAMBLE
This Agreement is entered into effective this 1st day of October,
1977, between the City of Clearwater, Florida, hereinafter referred to as
the "City" and the Florida State Lodge of the Fraternal Order of Police,
hereinafter referred to as the "F. O. P." It is the intent and purpose of
this Agreement to assure sound and mutually beneficial working and
economic relationships between the parties hereto, to provide an orderly
and peaceful means of resolving any misunderstandings or differences which
may arise, and to set forth herein basic and full agreements between the
parties concerning rates of pay, wages, hours of employment, and other
terms and conditions of employment. There shall be no individual arrangement
contrary to the terms herein provided. Either party hereto shall be entitled
to require specific performance of the provisions of this Agreement. It is
understood that the City is engaged in furnishing essential public services,
which vitally affect the health, safety, comfort and general well being of the
public and both partie s hereto recognize the need for continuous and reliable
service to the public.
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ARTICLE I
RECOGNITION
The City recognizes the F.O.P. as the exclusive bargaining repre-
sentative as defined in Chapter 447, Florida Statute s, as amended, for all
employee s employed in the unit defined by the Public Employee Relations
Commission in its certification No. 76-E-92-l029, dated June 24, 1976,
which certification includes all police officers below the rank of sergeant,
traffic enforcement officer sand parkette s.
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ARTICLE II
REPRESENTATIVES OF PARTIES
Section 1. The City agrees that during the term of this Agreement
it will deal only with the authorized representatives of the F. O. P. in all
matters requiring mutual consent or other official action called for by this
Agreement. The F. O. P. agree s to notify the City of the name of such
authorized representatives as of the execution of this Agreement and replace-
ment therefor during the term of this Agreement.
Section 2. The F. O. P. likewise agrees that during the term of this
Agreement, the F. O. P. and the employee s covered hereunder shall deal
only with the City Manager or his representative in matters requiring mutual
consent or other official action and specifically the F. O. P. agrees that neither
the F. O. P. nor the employees herermder shall seek to involve the City's
elected officials in the administration of this Agreement or otherwise in the
operation of the City's Police Department.
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ARTICLE III
CITY I S MANAGEMENT RIGHTS
Section 1. Except as expressly limited by any provision of this
Agreement, the City reserves and retains exclusively all of its normal and
inherent rights with respect to the management of its operations, including,
but not limited to, its rights to determine, and from time to time redetermine,
the number, location and type of its various operations, functions and services;
the methods, procedures and policies to be employed; to discontinue the
conduct of any operation, frmction or service, in whole or in part; to transfer
its operations, functions or services, from or to, either in whole or in part,
to any of its departments or other divisions; to select and direct the working
force in accordance with requirements determined by the City; to create,
modify or discontinue jobs; to establish and change working rules and regu-
lations; to create new job classifications; to establish and change work
schedules and assignments; to transfer, promote or demote employees, to
layoff, furlough, terminate or otherWise relieve employees from work for
lack of work, lack of funds, or other legitimate reason; to suspend, discharge
or otherwise discipline employees; to subcontract; to alter or vary past
practices with prior notification and otherwise to take such measures as the
City may determine to be necessary to the orderly and efficient operation of
its various operations, functions, and services.
Section 2. If in the sole discretion of the City Manager it is determined
that civil emergency conditions exist, including, but not limited to, riots,
civil disorders, hurricane conditions, or similar catastrophie s, or disorders,
this Agreement may be suspended by the City Manager during the time of the
declared emergency, provided that wage rates and other direct monetary
payments shall not be suspended; provided, however, that any grievance
arising during suspension of this Agreement will be pur suable on termination
of the declared emergency.
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ARTICLE IV
GRIEV ANCE PROCEDURE
Section 1. A grievance shall be defined as any difference, dispute
or complaint regarding the interpretation or application of the terms of this
Agreement.
Section 2. All grievances filed shall refer to the specific section of
this Agreement upon which the grievance is based and shall contain a concise
statement of the facts alleged to support the grievance. Grievance s shall be
processed in accordance with the following procedure and shall be determined
by application of the terms of this Agreement, the laws of the United States,
the State of Florida, and the Charter and Ordinances of the City of Clearwater.
Where the texm "working days!' is used in this Article it shall refer to
Monday through Friday. Saturdays, Sundays and days designated as holidays
are excluded.
Step 1
The aggrieved employee shall pre sent orally or in writing his
grievance to his immediate supervisor within five (5) working days of the
occurrence of the action giving rise to the grievance. The aggrieved
employee may request that an F. O. P. representative be present. Discussions
will be informal for the purpose of settling differences in the simplest and
most direct manner. The immediate supervisor shall reach a decision and
communicate it orally or in writing to the aggrieved employee within five (5)
working days from the date the grievance was presented to him.
Step 2
If the grievance is not settled in the first step, the aggrieved employee,
within five (5) working days of the date of the answer in the first step, shall
reduce the grievance to writing, sign it and present it to the Division Head
or his designee. The Division Head or his designee shall obtain the facts
concerning the alleged grievance and shall, within five (5) working days of
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receipt of the written grievance, meet with the aggrieved employee. The
aggrieved employee may be accompanied at this meeting by an F. O. P.
representative. The Division Head or his designee shall notify the aggrieved
employee of his decision in writing not later than five (5) working days
following the meeting date.
Step 3
If the grievance is not settled at the second step, the aggrieved
employee shall, within five (5) working days of the date of notification from
the Division Head or his designee, present the written grievance to the Chief
of Police. The Chief of Police shall obtain the facts concerning the alleged
grievance and shall, within five (5) working days following receipt of the
written grievance, meet with the aggrieved employee. The aggrieved
employee may be accompanied at this meeting by anF. O. P .repre sentative.
The Chief of Police shall notify the aggrieved employee of his decision in
writing not later than five (5) working days following the meeting day.
Step 4
If still unresolved, the grievance and all responses shall be submitted
to the City Manager or his designee within ten (10) working days of the time
the response was due in Step 3. Within ten (10) working days, the City
Manager shall notify the employee, in writing, of his decision.
Section 3. In the event that the grievance is still unresolved, the
matter shall be submitted to final and binding arbitration as provided in this
Section.
(a) Within ten (10) working days of the date of the decision of the
City Manager, the aggrieved party shall notify the City Manager of its intent
to arbitrate. Concurrently, said party shall reque st from the Federal
Mediation and Conciliation Service a list of five (5) name s of qualified arbitrators.
Within five (5) working days after the receipt of such a list, representatives of
the parties shall meet and each party shall strike two (2) names. The party
filing the grievance shall strike the first name. The remaining name shall be
notified of his selection as arbitrator. As promptly as can be arranged, but
no later than thirty (30) days from the selection of an arbitrator, the arbitration
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hearing shall be held. In the event that the arbitrator selected is not
available in the time required, the partie s shall immediately obtain a new
list of arbitrators from the Federal Mediation and Conciliation Service and
select another arbitrator. Each party shall pay its own expense for its
representative, counsel and witnesses. The fees of the arbitrator and other
expenses of arbitration, including the appearance fee of a court reporter,
shall be shared equally by the City and the aggrieved party. The decision of
the arbitrator shall be final and binding on both parties. The arbitrator shall
have no power to amend, add to or subtract from the terms of this Agreement.
(b) Copies of the decision of the arbitrator made in accordance with the
jurisdiction and authority of this Agreement shall be furnished to both parties
within thirty (30) days of the date of the hearing and shall be final and binding
on both partie s.
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ARTICLE V
NO STRIKE
Section 1. The F. O. P. agrees that during the term of this Agreement
it shall notauthorize, instigate, condone, excuse, ratify, support or
acquiesce in any strike, slowdown, work stoppage or any other act of like
or similar nature likely to interfere with the efficient operation of the City's
affairs engaged in or supported by members of the F. O. P. and/or employees
repre sented by the F. O. P. or other agents or repre sentative s of the F. O. P.
or its affiliate s.
Section 2. Should the F. O. P. or its member employees covered
hereunder within the City's Police Department, breach this Article, then
the City may proceed to the appropriate court, and without notice, obtain an
injunction against such breach.
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ARTICLE VI
STEWARDS
CHECK-OFF AND F. O. P. BUSINESS
Section 1. The F. O. P. shall designate its stewards on the following
basis:
(a) Administrative and
Service Division:
One steward
(b) Detective Bureau:
One steward
(c) Operations Division:
Three stewards
The F. O. P. may designate relief stewards for the above in order to have
a steward on duty at all times. A steward shall not investigate or otherwise
handle grievances during working time without the express consent of his
supervisor.
Section 2. Commencing at the pay day first following execution of
this Agreement, the City shall deduct dues owed by the employee to the F. O. P.
ona bi-weekly basis, provided, that prior to such deduction the F. O. P. has
provided the City with a signed statement from each employee whose dues
are to be deducted that such deduction is authorized, provided further that
such authorization is in a form satisfactory to the City. Any authorization
for dues deduction may be cancelled by the employee upon thirty (30) days'
written notice to the City and the F. O. P.
Section 3. The F. O.P. shall indemnify and hold harmless the City
from any and all claims, demands or expenses in connection therewith based
upon the City's participation in dues deduction. Nothing contained herein
shall require the City to deduct from a salary or be otherwise involved in the
collection of fines, penalties or special assessments.
Section 4. The F. O. P. shall have a total of twenty (20) working
days time with pay annually during the life of this Agreement for the purpose
of attending official F. O. P. frmctions, meetings or conferences. Requests
for use of this time shall be made to the Major in command of operations.
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The Department will grant such time off provided that, in the opinion of the
Department, operations will not be interfered with.
Section 5. The F. O. p. Civil Service Liaison officer shall on request
be relieved from duty with no loss in pay for the purpose of attending regular
monthly Civil Service Board Meetings, unless operations will be interfered with.
Section 6. The President of the F. O. P. shall, on request, be
relieved from duty with no loss in pay to attend the regular monthly meeting
of the F. O. P. providing operations will not be interfered with.
Section 7. The Pre sident of the F. O. P. or hi s de signated delegate shall
be provided a copy of the agenda in advance of every regular City Commission
meeting. If an item appearing on the agenda directly affects members of the
bargaining unit, the F. O. P. President or his designated representative may
petition the Police Chief to be relieved from duty with no loss of pay to attend
the meeting. Permission will not be unreasonably withheld.
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ARTICLE VII
NO DISCRIMINATION
The City and the F. O. P. specifically agree that the provisions of
this Agreement shall be equally applicable to all employees covered herein
without regard to race, color, religion, creed, sex, national origin,
membership or nonmembership in labor organization, or age, as provided
by law.
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ARTICLE VIII
CONTINUATION OF CIVIL SERVICE
Section l. The Civil Service law for the duration of this Agreement
will be either as contained in Special Acts 21153, en toto, or as contained in
Ordinance No. l643, en toto, in the event Ordinance No. 1643 is appropriately
enacted.
Section 2. The City shall have the right to change Civil Service Rule s
and Regulations to conform to the applicable Civil Service law, as described
in Section 1 of this Article.
Section 3. The City shall not change the Civil Service law so as to
change or take away any substantial benefits or rights of Civil Service
accruing to members of this bargaining unit.
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ARTICLE IX
PREVAILING RIGHTS
Any right or working condition enjoyed by employees covered by this
Agreement as the result of specific action taken by the City Manager ox
Chief of Police shall not be changed in an arbitrary or capricious manner.
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ARTICLE X
EXISTING RULES
A Police Department rule, regulation, policy or procedure now in
existence in conflict with this Agreement shall be resolved by modification
of such rule, regulation, policy or procedure to be compatible with this
Agreement. The Pre sident of the F. O. P. shall receive a copy of any written
departmental memorandum, rule, regulation, or policy intended for publication
to all members of the bargaining unit which is intended to establish a standard
of conduct for members of the bargaining unit.
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ARTICLE XI
POLICE OFFICER DUTIES
The City agree s that no police officer, traffic enforcement officer
or parkette shall be required to perform dutie s or functions not consistent
with the job specifications as set forth in their job descriptions.
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ARTICLE XII
SENIORITY
Section l. Seniority shall prevail in cases of lay-off, provided,
however, that the City may retain junior officers with specialized skills
who are as signed special dutie s.
Section 2. No new employees shall be hired until the employee on
lay-off has been given an opportunity to return to work at his original
seniority date and position; provided, that after one year of lay-off the
employee shall cease to accrue seniority and that such re-employment rights
shall cease after five (5) years from the date of lay-off.
Section 3. Civil Service shall govern the effects of lay-off on
employment benefits.
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ARTICLE XIII
PROMOTION PROCEDURE
Section 1. It is understood that the City is currently in the process
of developing and validating new promotional te sting procedure s. Until the
City promulgates a new test, the promotional procedures shall be as set forth
in Article XIII of the 1976 -l977 Agreement between the partie s.
Section 2. In developing and validating new promotional examinations
within the department, the City agree s that the F. O. P. President or his
designated representative will be given an opportunity to provide meaningful
input into task analyses, selection of critical tasks for measurement, and
selection of job functions appropriate for te sting.
Section 3. Upon implementation of a new testing procedure, the
parties will. meet and confer in order to establish new guidelines for
promotional testing, should new guidelines be necessary.
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ARTICLE XIV
DIRECT ECONOMIC PROVISIONS
The City agrees to provide the following benefits for the members
of the bargaining unit:
Section l. Holidays.
(a) There shall be ten (10) paid holidays for members of the
Police Department. These holidays shall be:
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Day
Employee's Own Birthday
One Floating Holiday
(b) In the event that one of the above named holidays occurs during
the course of an employee's vacation, then the employee's vacation shall be
extended by one day.
(c) In the event that one of the above named holidays occurs while
an employee is on sick leave, the employee shall receive holiday pay and
shall not be charged sick leave pay for that day.
Section 2. Vacations.
(a) In the event that a death in the family occurs while the employee
is on vacation, the employee shall be entitled to funeral leave under Section 7
of this Article; provided the employee notifies the Department of such death
prior to the end of his vacation. Time charged to funeral leave under
Section 7 shall not be charged against the employee's vacation time. In the
event that the employee cannot notify the Department of the death prior to the
end of his vacation due to circumstances beyond his control, the employee must
notify the Department of the death in his family at his earliest opportunity.
(b) Where an illness of three (3) days or more occurs during a vacation,
an employee may charge this time to sick leave and such time charged to
sick leave shall not be charged against the employee's accrued vacation.
(c) Upon termination, an employee shall be entitled to receive all
rmused vacation pay accumulated as of January 1 of the year of termination.
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(d) The vacation schedule currently in effect shall be as follows:
Year s of Completed
Service
Vacation Days
1 - 2
3
4
5
6
7 - lO
11 - l5
16 - 17
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19
20
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11
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13
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15
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17
l8
19
20
Section 3. Recall Pay.
Any employee who is recalled to duty after having left for the day,
or on a regularly scheduled day off, vacation day or compensation day, or
more than four (4) hours prior to the start of his regularly scheduled tour
of duty, shall be guaranteed a minimum of four (4) hours work. For the
purpose of this Section, recall is defined as any duty, detail or response to
a lawful order for which the employee can be disciplined for his failure to
comply. This specifically excludes court appearances.
Section 4. Acting in Higher Position Pay.
If a Police Officer serves in a higher capacity on an acting basis for
twenty-five (25) days or more, he shall receive the appropriate pay for the
acting rank retroactive to the date he assumed that status.
Section 5. Court Attendance.
Any employee whose appearance is required in circuit or county
court as the result of a matter arising out of the course of his employment
shall receive a minimum of two (2) hours pay if such attendance is during
the employee's off-duty hours. This provision shall also apply when the
employee is subpoenaed to appear at the State Attorney's Office, Public
Defender's Office, or private attorney's office in a criminal case arising
from the employee's course of employment.
Section 6. Physical Examinations and Innoculations.
(a) The City will provide, at no cost to the employee, free and
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mandatory annual physical examinations for each employee.
(b) In the event that the Department determines that an officer requires
an innoculation or immunization as the result of exposure to a disease or
illne s s in the line of duty, then the same immrmization or innoculation will
be made available to members of the officer's household.
Section 7. Funeral Leave.
Each employee shall be allowed up to four (4) days funeral leave with
no loss of pay and no charge against sick leave in the event of a death in the
family. Death in the family shall be defined as the death of a spouse, child,
mother, father, grandparents, grandchild, brother or sister of employee or
employee's spouse. Additional frmeralleave for death in the family may be
requested in accordance with current rules and regulations.
Section 8. Unifo:rm Allowance s.
(a) The City shall continue to provide the uniforms and equipment
currently provided by the City.
(b) Detectives shall receive a plain-clothes allowance of Three Hundred
and noAOO Dollars ($300.00) per fiscal year paid in semi-annual installments.
(c) The City shall provide each sworn officer with a bullet-proof
vest, provided that the officer so requests; provided, however, that it shall
be grounds for disciplinary action if an officer provided a vest refuses to
wear it.
Section 9. Line of Duty Injury Pay.
The City hereby agrees to pay the following compensation to any
employee injured in the line of duty in accordance with the following definitions,
terms and conditions:
(a) Compensation shall be payable under this Section only with
respect to disability as the result of injury to an employee where such injury
is incurred in the line of duty.
(b) An injury shall be deemed to have been incurred in the line of
duty if and only if such injury is compensable rmder the Florida Workmen! s
CO:rnpensation Law.
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(c) The amount of compensation paid shall be the amount required to
supplement frmds received from the Florida Workmen's Compensation Law
and any other disability or other income plan provided by the City, either by
law or by agreement, to the point where the sum of the supplement herein
provided and all other payments herein de scribed equal the employee's weekly
wage at the time of the injury.
(d) No compensation under this Section shall be allowed for the first
seven (7) days of disability; provided, however, that if the injury results in
disability of more than fourteen (l4) days, compensation shall be paid from
the commencement of the disability.
(e) The term disability as used in this Section means incapacity because
of the line of duty injury to earn in the same or any other employment the wage s
which the employee was receiving at the time of the injury.
(f) It is the intent of this Section to provide supplemental compensation
for line of duty injuries only, and this Section shall not be construed to
provide compensation in the event of death or injury incurred in any manner
other than in the line of duty. Coverage rmder this Section shall not result
in the loss of step increases which the officer would have received had he
been on active status. In the event of any dispute or disagreement concerning
the interpretation of the terms of this Section, then the decisions concerning
definition of those terms is sued under the Florida Workmen's Compensation
Law shall control.
(g) The maximum period for which payment may be made under this
Section shall be ninety (90) days from the date of injury for each injury,
including recurrences thereof. No payment made by the City during said
period shall be charged against any sick leave which the employee may have
accrued.
(h) The City shall have the right to require the employee to have a
physical examination by a physician of its choice prior to receiving or
continuing to receive compensation under this Section.
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Section lO. Accumulated Sick Leave Retirement Benefits.
Any sick leave taken after the effective date of this Agreement as the
re sult of a line of duty injury shall be added back to the employee's rmused
accUInulated sick leave at the time of retirement for purposes of computing
the benefit allowed under the accumulated unused sick leave provisions of
the Civil Service Regulations.
Section ll. Insurance Benefits.
The City agree s to work with a committee composed of F. O. P.
members to review current group life and health insurance policies to
determine the adequacy of such policies and if mutually agreed to byboth
parties, shall solicit bids for possible changes in the policies. Any
information accUInulated by the F. O. P. or City on various programs shall
be made available to the other party.
Section l2. Overtime Pay.
(a) No employee shall be sent home prior to the end of his
regularly scheduled shift for the purpose of denying overtime pay; nor
shall any employee have his work schedule altered in an arbitrary or
capricious manner.
(b) If a regularly scheduled work day is to be cancelled, the employee
must be notified by the end of his tour of duty immediately preceding the
scheduled work day to be cancelled.
(c) Employees shall be paid for all hours worked. The City shall
pay overtime at the rate of time-and-one-half for all hours worked in
excess of forty (40) hours in anyone work week.
Section l3. Wages.
Officers shall be compensated in accordance with the attached
Appendix A.
Section l4. Compensation Time.
Officers shall have the option of designating overtime as compen-
satory time under the following procedure:
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(a) At the time of earning overtime the officer shall, on the form
provided by the Department, designate whether the hours earned are to be
treated as paid time hours or compensatory time.
(b) At the conclusion of each work week the payroll clerk shall allocate
the hours in the manner designated by the officer. All time designated as
paid time shall be processed for payment in the normal manner. AlLtime
designated as compensatory time will be credited to the officer's compensatory
time account. Hours earned as straight time shall be credited as straight
time. Hours worked in excess of forty (40) hours in a work week shall be
credited at one-and-one-half (l-l /2) times the hours worked in exce ss of forty
(40) hours.
(c) An officer may request compensatory time off by filing a written
request with his supervisor who shall have the authority to grant or deny
the requested time off. Permission to take time off shall not be arbitrarily
denied. All compensatory time earned during a scheduled shift cycle must
be used during the scheduled shift cycle during which it was earned, except
that an officer may retain up to eight (8) hours of compensatory time during
the fiscal year. All unused and rmretained compensatory time in an officer's
accountat the end of a scheduled shift cycle shall be paid off at the
officer's straight time regular rate of pay in effect on the date of the end of
the scheduled shift cycle. Compensatory hours off shall not be considered as
hours work~d in computing overtime under Section l2 of this Article.
Section 15. Shift Differential.
Officers shall be entitled to shift differential pay as set forth in
thi s Section.
(a) For purposes of computing shift differential pay the following
shift series and lump sum payments are established:
Hour s
Payment per
l4 day period
Shift Series No.
lOO
200
300
2400 - 0700
0700 - l600
l600 - 2400
$20.00
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$lO.OO
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(b) An officer's shift differential shall be determined by the shift
series into which the majority of the hours of his regularly assigned shift
for the scheduled shift cycle falls and without regard to the starting or ending
time of the officer's shift. Temporary shift or duty as signments shall not
entitle an officer to shift differential pay.
(c) Payments under this Section are lump sum payments and are not
to be used for the computation of any other payment under this Agreement.
Shift differential pay shall be paid to any officer regularly as signed to a
Series lOO or 300 shift and shall not be prorated on accormt of vacation,
holidays or other paid time off.
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AR TIC LE XV
BULLETIN BOARDS AND POSTING OF AGREEMENT
Section 1. The City agrees to provide space of bulletin boards at
the Roll Call Room and at the Detective Bureau for po sting by the F. O. P.
of notices of meetings or other official F. O. P. information; provided.
the City shall first review and agree to any such posting; provided further
that such agreement shall not be unreasonably withheld.
Section 2. The City and the F. O. P. agree that this Agreement shall
be posted by the City in a conspicuous place in the Roll Call Room and at
the Detective Bureau.
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AR TICLE XVI
AMENDMENTS
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This Agreement may be amended at any time by the mutual consent
of the partie s, but no such attempted amendment shall be of any force or
effect until placed in writing and executed by each party hereto.
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ARTICLE XVII
SEVERABILITY AND WAIVER
Section l. Each and every clause of this Agreement shall be deemed
separable from each and every other clause of this Agreement to the end
that in the event that any clause or clause s shall be finally determined to be
in violation of any law, then and in that event such clause or clauses only,
to the extent only that any may be so in violation, shall be deemed of no
force and effect and unenforceable without impairing the validity and enfor-
ceability of the rest of the contract including any and all provisions in the
remainder of any clause, sentence or paragraph in which the offending
language may appear.
Section 2. The exercise or nonexercise of the rights covered by
this Agreement by the City or the F. O. P. shall not be deemed to waive any
such right or the right to exercise them in the future.
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ARTICLE xvm
CONTRACT CONSTITUTES ENTIRE AGREEMENT
OF THE PARTIES
The partie s acknowledge and agree that during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to
make demands and proposals with respect to any subject or matter included
by law within the area of collective bargaining and that all the understandings
and agreements arrived at by the parties after the exercise of that right
and opportunity are set forth in this Agreement. Therefore, the City and
the F. O. P., for the life of this Agreement, each voluntarily and unqualifiedly
waives the right to require further collective bargaining, and each agrees
that the other shall not be obligated to bargain collectively with re spect to
any matter or subject not specifically referred to or covered by this
Agreement, whether or not such matters have been discussed, even though
such subjects or matters may not have been within the knowledge or contem-
plation of either or both partie s at the time that they negotiated or signed
this Agreement. This Agreement contains the entire contract, understanding,
undertaking and agreement of collective bargaining for and during its term,
except as may be otherwise specifically provided herein.
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ARTICLE XIX
DURA TION. MODIFICATION AND TERMINATION
Section l. This Agreement shall be effective as of the 1 st day of
October. 1977. and shall continue in full force and effect until the 30th day of
September. 1979. except as provided in Section 2 below. At least one
hundred twenty (l20) days prior to the termination of this Agreement. either
party hereto shall notify the other. in writing. of its intention to modify.
amend or terminate this Agreement. Failure to notify the other party of
intention to modify. amend or terminate. as hereinabove set forth, will
automatically extend the provisions and terms of this Agreement for a
period of one (l) year. and each year thereafter absent notification.
Section 2. Negotiations may be reopened on the subject of wages,
insurance. compensation time. vacation. holidays, and shift differential
only. for the period of September 30. 1978. to expiration. At least one
hundred twenty (120) days prior to the expiration of the first year of this
Agreement, either party hereto shall notify the other. in writing. of its
intention to reopen negotiations on the subject of wages. insurance, com-
pensation time. vacation, holidays. and/or shift differential. Failure to
so notify will automatically extend the Agreement in all its particulars,
including wages. insurance. compensation time. vacation, holidays, and
shift differential, for a period of one (1) year, and each year thereafter
absent notification.
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IN WITNESS WHEREOF, the parties hereto have herermder set
their hands and seals this ~day of 0 e-;Z:-~t::.--L, , A. D. 1977.
CITY OF CLEARWATER, FLORIDA
..,
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By:
APP7~~_"~s to form and
co ,,' ctnes~, 1
,/' )'
Countersigned:
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y::y- ~-4' ~U~
- Ma -C~s sioner
Signed, sealed and
delivered in presence of:
FLORIDA STATE LODGE OF THE
FRATERNAL ORDER OF POLICE
By:9~~/
Signed, sealed and
delivered in presence of:
~~ )nef)oJur} ,
f!i~!fA~
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