AGREEMENT (3)
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AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
FLORIDA STATE LODGE FRATERNAL
ORDER OF POLICE
LODGE No. 10
October 1, 1979, through September 30, 1981
,
1
INDEX
Page No.
Preamble
1
Article I - Recognition
2
Article II - Representatives of Parties
3
Article III - City's Management Rights
4
Article IV - Grievance Procedure
5
Article V - No Strike
8
Article VI - Stewards, Check-Off and F.O.P. Business
9
Article VII - No Discrimination
11
Article VIII - Work Rules and Personnel Practices
12
Article IX - Prevailing Rights
19
Article X - Existing Rules
20
Article XI - Police Officers' Duties
21
Article XII - Seniority
22
Article XIII - Promotional Procedure
23
Article XIV - Direct Economic Provisions
25
Section 1. Holidays
Section 2. Vacations
Section 3. Recall Pay
Section 4. Acting in Higher Position Pay
Section 5. Court Attendance
Section 6. Physical Examinations and Innoculations
Section 7. Funeral Leave
Section 8. Uniform Allowance
Section 9. Line of Duty Injury Pay
Section 10. Insurance
Section 11. Overtime Pay
Section 12. Wage s
Section 13. Compensation Time
Section 14. Shift Differential
Section 15. Funeral Detail
Section 16. Legal Protection
Section 17. Municipal Code
Section 18. Standby Pay
Article XV - Bulletin Boards, Rules and Regulations,
Memos, and Posting and Copying of Agreement
25
25
28
28
28
28
29
29
29
30
31
31
31
32
32
33
33
33
34
Article XVI - Amendments
36
Article XVII - Severability and Waiver
37
Article XVIII - Contract Constitutes Entire Agreement
38
Article XIX - Duration, Modification and Termination
39
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PREAMBLE
This Agreement is entered into effective this
day of
1979. 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 "Union". It is the intent and purpose of this
Agreement to as sure 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 partie s 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 parties
hereto recognize the need for continuous and reliable service to the public.
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ARTICLE I
RECOGNITION
The City recognizes the Union as the exclusive bargaining representative
as defined in Chapter 447, Florida Statutes, as amended, for all employees
employed in the unit defined by the Public Employee Relations Conunission 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
officers, and parkettes.
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AR TIC LE 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 Union in all
matters requiring mutual consent or other official action called for by this
Agreement. The Union agrees to notify the City of the name of such authorized
representatives as of the execution of this Agreement and replacement therefor
during the term of this Agreement.
Section 2. The Union likewise agrees that during the term of this
Agreement, the Union and the employees covered hereunder shall deal only
with the City Manager or his representative in matters requiring mutual
consent or other official action and specifically the Union agree s that neither
the Union nor the employees hereunder shall seek to involve the City's elected
officials in the administation of this Agreement, or otherwise in the operation
of the City's Police Deparbnent.
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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, function or service, in whole or in part; to transfer
its operations, functions or service s, 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 regulations; 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
service s.
Section 2. If in the discrcetionofthe City Manager or the Mayor it is
determined that civil emergency conditions exist, including, but not limited to,
riots, civil disorders, hurricane conditions, or similar catastrophies 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
GRIEVANCE 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 term "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 present orally or in writing his grievance
to his immediate supervisor within three (3) working days after the employee has
knowledge or constructive knowledge of the occurrence of the action giving rise
to the grievance. The aggrieved employee may request that an F. O. P. repre-
sentative 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 three (3) working days from the date the grievance was pre sented
to him.
Step 2
If the grievance is not settled in the first step, the aggrieved employee,
within three (3) working days of the date of the answer in the first step, shall
reduce the grievance to writing, sign it and pre sent it to the Division Head or
his designee. The grievance shall refer to the specific section of the Agreement
upon which the grievance is based and shall contain a concise statement of the
facts. The grievant will not be entitled to modify or add to the specific sections
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alleged in his written grievance. The Division Head or his designee shall
obtain the facts concerning the alleged grievance and shall, wi thin three (3)
working days of 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 shall notify the aggrieved employee
of his decision in writing not later than three (3) working days following the
meeting day.
Step 3
If the grievance is not settled at the second step, the aggrieved employee
shall, within three (3) 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 gdevance and
shall, within three (3) working days following 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 Chief of Police shall notify
the aggrieved employee of his decision in writing not later than three (3)
working days following the meeting day.
Step 4
If still unre solved, the grievance and all re sponse s shall be submitted
to the City Manager or his designee within ten (10) working day s 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 request from the Federal Mediation
and Conciliation Service a list of five (51 names 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
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no later than thirty (30) days from the selection of an arbitrator. the arbitration
hearing shall be held. In the event that the arbitrator selected is not available
in the time required, the parties shall immediately obtain a new list of arbitrators
from the Federal Mediation and Conciliation Se rvice 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. except that either party may petition for review in the circuit
court. The arbitrator shall have no power to amend. add to or subtract from
the termsof this Agreement. and if the City has denied the grievance on the
basis that it was not timely filed at Step 2 of the grievance procedure for
individual grievances or at Step 3 for grievances which bypass the first two
steps. and further if the arbitrator finds that the grievance is not timely filed.
then the arbitrator shall have no power to grant relief.
(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 from the date of the hearing.
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ARTICLE V
NO STRIKE
Section 1. The Union agrees that during the term of this Agreement
it shall not authorize, 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 Union and/or employees represented
by the Union or other agents or representatives of the Union or its affiliates.
Section 2. Should the Union 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 a temporary
re straining order against such breach.
Section 3. Should any member of the bargaining unit be found guilty of
striking as defined in Chapter 447, Florida Statutes, he shall be subject to
dismis sal, and it is expre s sly agreed that such violation constitute s just cause
for dismissal.
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ARTICLE VI
STE WARDS
CHECK-OFF AND F.O.P. BUSINESS
Section 1. (a) Commencing at the pay day first following execution of
this Agreement, the City shall deduct due s owed by the employee to the F. O. P.
on a bi-weekly basis, provided, that prior to such deduction the F. O. P. !la.s
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.
(b) Whenever the starting base pay of a member of the F. O. P.
is increased by pay raise or pay adjustment, the City, upon notification from
the F. O. P. as to the amount, shall raise the dues deduction accordingly.
Section 2. Stewards
(a) The stewards of the F. O. P. shall consist of the elected
officers of the lodge.
(b) Any steward who feels unqualified to represent a member
on any matter will be permitted to contact the F. O. P. President or another
steward for representation.
(c) A steward shall not investigate or otherwise handle
grievances during working hours without the expressed consent Of the commander
on duty.
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.
Sec;tion 4. The F. O. P. shall have a total of twenty-five (25) working days
time with pay annually during the life of this Agreement for the purpose of
attending official F. O. P. functions, 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
Departtnent, 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 President of the F. O. P. or his designated 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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AKTICLE VII
NO DISCRIMINATION
The City and the Union 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 originj
membership or nonmembership in labor organization, or age, as provided
by la w.
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ARTICLE VIII
WORK RULES AND PERSONNEL PRACTICES
Section 1. Sick Leave
Every full-time permanent employee who is compensated on a salaried
or hourly-rated basis shall accumulate sick leave in accordance with the provisions
hereinafter set forth. Permanent parttime employees shall accumulate sick
leave on the basis that 173 hours actually worked shall be considered equivalent
to one completed month of service.
Each employee covered by the provisions of this section who, as of
July 1, 1963, had accumulated unused sick leave to his credit, has had such
sick leave converted to an hourly basis by multiplying the number of accumulated
unused sick leave days by eight and the resulting number of hours placed to
his credit. Thereafter all covered employees are governed by the following
provisions:
(a) Employees shall accUIllulate sick leave on the basis of
ten (10) hours for each completed month of service.
(b) Unused sick leave may be accumulated without limit for
each completed month of service which shall be deemed to
include all authorized time off except as otherwise specified
by the provisions of this section.
(c) Sick leave shall not accumulate during a suspension, lay-off,
vacation without payor leave of absence without pay.
(d) All accumulated unused sick leave shall be credited to
any employee recalled from a lay-off, transferred, or
certified to another department or clas sification without
break in service, appointed from a re-employment list
or returning from a leave of absence.
(e) In the event an employee has been separated and paid for
accumulated unused sick leave as hereinafter provided,
or has been dismissed for cause and subsequently is re-
employed by the City, his subsequent sick leave accumulations
shall be calculated as a new employee.
(f) Under the provisions of this section, an employee may utilize
his sick leave for absences from duty on any of his regularly
scheduled work days for the number of regular hours he would
otherwise have been scheduled to work on that day had not
such absence occurred. Fractional daily hours shall be
rounded off to the next even hours. In the event of absence
from duty for part of a regularly scheduled work day, the
employee I s sick leave will be charged for the actual time
absent rounded off to the next even hour.
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(g) Sick leave shall not be considered a privilege to be used
at the employee's discretion but shall be used only for absence s:
(1) Due to personal illnes s or physical incapacity caused by
factors over which the employee has no reasonable immediate
control.
(2) Necessitated by exposure to contagious disease in which the
health of others would be endangered by his attendance on duty.
(3) Due to dental appointments, physical examinations, or other
personal sickness prevention measures, the scheduling of
which at times other than during his regular working hours
is impos sible or unreasonable.
(4) Due to illness of a member of his immediate family which
requires his personal care and attention, not exceeding, in
anyone calendar year, the accumulated number of scheduled
work hours in the employee's regularly scheduled work week
under the provisions of paragraph (a) hereof. The term
!'immediate family" as used in this paragraph shall mean
parents, grandparents, children, grandchildren, brothers or
sisters of the employee or of the employee's husband or wife.
It shall also include any member of the employee's household.
(h) An employee absent for one of the reasons mentioned above
shall inform his immediate supervisor as early as possible
on the first day of absence. Failure to do so may be the
cause for denial of sick leave with pay for the period of absence.
(i) In the event that an employee I s current illne s s or physical
incapacity should continue beyond the point where his accumu-
lated unused sick leave has been exhausted, he may, upon
written request and the approval of his immediate supervisor
and his department head, and when supported by a statement
from competent medical authority substantiating the continuance
of such illness or incapacity, obtain a sick leave advance up
to but not exceeding the amount of accumulated unused sick
leave which the employee had to his credit at the time such
current illne s s or incapacity began. The Personnel Director
shall be immediately notified in writing of any such advance
which shall be charged against the employee's sick leave
account thereby creating an overdraft position. Such overdraft
shall have the status of a loan by the City to the employee and
shall be repaid:
(1) By the subsequent accumulation of sick leave in the amount
nece s sary to retire such loan, or
(2) By repayment to the City of such portion of the salary previously
paid to the employee under the foregoing provisions as might
be necessary to retire such loan.
The employee shall not be entitled to use any additional sick leave until
the loan has been repaid and in the event of his separation prior to such
repayment, the City shall retain the moneys otherwise due the employee,
in an amount sufficient to retire such loan. Provided, however, that if
the separation is the result of the death of the employee, the loan shall be
forthwith cancelled and no claim for repayment shall be filed against his
estate.
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(j) Upon separation from the City service, an employee shall be
paid one-half (1/2) of his accumulated unused sick leave, provided:
(1) That the rate of payment shall be based on the regular bi-weekly
salary of the employee (including longevity) at the time of
separation for which his accumulated unused sick leave will
be charged with twice the number of regularly scheduled hours
of work for that employee in such bi-weekly period. If an
employee is separated upon the termination of a leave of absence
or the effective date of a resignation executed under the provisions
of paragraph (3) of this sub- section, the rate of payment shall be
based on the regular bi-weekly salary of the employee (including
longevity) at the beginning of his leave of absence or the date the
resignation was executed, and
(2) That at the time of separation, the employee has had at least
five (5) years of continuous service with the City. Leaves of
absence without pay, suspensions, and separations followed by
subsequent re-employments shall not be considered as breaks
in service; provided, however, that the length of such time-off
or separation shall be deducted from the total length of service
except that military leaves and leaves during which employees
are receiving Workmen's Compensation shall not be deducted,
and
(3) That the separation is involuntary on the part of the employee to
the extent that it is occasioned by factors over which he has no
reasonable immediate control, such as death, prolonged ill-
ness or physical or mental incapacity, material changes in
family status occasioned by death, illness or disability in
immediate family, inability to effectively perform duties because
of age, physical condition, material change s in methods,
procedure s or organization or for other reasons of like character
as distinguished from reasons such as voluntary separation to
seek or accept other employrn.ent or reasons of like character.
If the separation is the result of the death of the employee, his
estate shall receive payment. An employee who has been dismissed
for cause shall have no claim for sick leave payment. Notwith-
standing the foregoing provisions of this paragraph, an employee
who may otherwise be eligible for retirement under the City
Employee s I Pension Plan, the Firemen I s Relief and Pension
Fund, or Federal Social Security, or who may be approaching
such eligibility date, may utilize one-half (1/2) of his accumulated
unused sick leave to the extent thereof to advance his retirement
date. In that event the employee shall execute a resignation to
become effective on the date that such accumulated unused sick
leave would be exhausted. Such resignation shall be irrevocable
and retirement shall begin at the time said resignation beComes
effective. In the interim, payrn.ent for accumulated unused sick
leave shall be made as a continuation of the employee's regular
bi-weekly salary (including longevity) from which all regular payroll
deductions shall be made in order to preserve his retirement
status. Accumulated unused sick leave will be charged as outlined
in paragraph (1) of this sub- section.
(4) Employees retiring after the effective date of this Agreement, and
who are eligible to receive payments under the other provisions of
this section, shall be entitled to receive one -half of their accumulated
unused sick time towards early retirement; or receive a lump sum
payment for one-half accumulated unused sick time; or split their
accumulated unused sick time at one-quarter pay and one-quarter
early retirement time.
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(5) Any sick leave taken after the effective date of this Agreement
as the re suit of a line of duty injury shall be added back to the
employees unused accumulated sick time at the time of retire-
ment.
(k) An employee may not utilize his accumulated sick leave
reserve for absences resulting from an injury arising out
of and in the course of employment, other than City employ-
ment, for which monetary or other valuable consideration
is received or expected.
(1) Except in the case s of injury incurred in the line of duty,
employees shall not be entitled to use sick leave until the
completion of six (6) calendar months of continuous service
following the date of original appointment.
(m) The employee shall be required to submit evidence in the
form of a medical certificate, of the adequacy of the reasons
for his absence during the period of time for which sick
leaveis granted:
(I) When the illness of an employee necessitates an absence
for three consecutive scheduled work days or more;
(2) When requested by the department head.
Section 2. Military Leave
Any regular or probationary employee in the classified service being
inducted or otherwise entering the armed forces of the United States in time of
war, or pursuant to the Selective Service Act of 1948, as amended, or of any
other law of the United States, shall be granted a military leave of absence
without pay for the period of the military service required of him and on
completion thereof, be reinstated in the City service in accordance with the
following regulations:
(a) Military leaves shall be granted in accordance with the provisions
herein except where said provisions may be superseded by Federal Law:
(1) For inductees, the minimum period of time required to
be served;
(2) For enlistees in time of war, the period of the first
minimum enlistment, or for such additional period
of time required to be served;
(3) For reservists, the minimum period of time required
to be served.
(b) For the purposes of this section, "armed forces" shall be defined
to include:
(1) The Army, Navy, Marine Corps and Air Force.
(2) The auxiliary services directly necessary to and actually
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associated with the armed forces of the United States,
as may be determined by the Board.
(c) Application for reinstatement must be made within 90 calendar days
from date of discharge or release, or from hospitalization continuing after
discharge for a period of not more than one year. Such application shall be in
writing to the Personnel Director and shall be accompanied by evidence of
honorable discharge or release.
(d) Upon return from military leave shall be reinstated in the City Service
in accordance with the following regulations:
(1) If still qualified to perform duties of his former position,
be restored to such position or to a position of like seniority,
status and pay; or
(2) If not qualified to perform the duties of his former position
by reason of disability sustained during such service but
qualified to perform the duties of any other position in the
employ of the City, be restored to such other position, the
duties of which he is qualified to perform, as will provide
him with like seniority, status and pay, or the nearest
approximation thereof consistent with the circumstances
in his case.
(3) In the event there be no vacancy in the appropriate class and
there be an employee or employees in such class serving a
probationary period who has not acquired regular status,
then such probationary employee shall be laid off and the
returning employee reinstated.
(4) If a returning employee has regular status and cannot be
reinstated under the provisions of paragraph (3) above, then
the employee having been employed in the appropriate class
for the shorte st pe riod of time shall be laid off and the
returning employee reinstated.
(5) A returning employee shall have the same status as he had
prior to the beginning of his military leave. He shall take
any examinations that he would have otherwise been required
to take and complete any uncompleted period of probation.
(6) He shall submit to such medical and/or physical examinations
as the Appointing Authority shall deem necessary to determine
whethe r or not such military service has in any way incapacitated
him for the work in question; provided, however, that as far
as practicable, any employee returning with disabilities shall
be placed in such employment as the Appointing Authority
shall deem suitable under the circumstances.
(7) Any regular or probationary employee receiving a dishonorable
discharge from the armed forces shall not be reinstated to any
position in the City service.
(e) An employee granted a military leave of absence shall, insofar as _
possible, have all the rights and privileges he would have had if he had remained
on duty, including cumulative seniority and, except as otherwise provided in
these Rules and Regulations, all other benefits dependent on length of employment
to the same extent as if he had not been absent on such leave.
(f) An employee returning from military service shall be reinstated to
active City service at the earliest possible date following application for such
reinstatement, consistent with the best interests of the City service and taking
into consideration nece s sary adjustments of staff. In no event, however, shall
this period be more than thirty (30) calendar days.
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Section 3. Time Off
An employee shall be granted necessary time off from his duties with
compensation for any of the following reasons:
(a) For participation in promotional examinations held by the City or
other examinations which he may be required to take.
(b) For serving on a Jury. The employee may be required to furnish
proof of such service and shall work any part of his regular schedule
when not required to serve on said jury.
(c) For pre-induction physical examination when so ordered by a
Selective Service Board. Time off shall be granted for minimum
period necessary to comply with such order but shall, in no case,
exceed two (2) regularly scheduled work days.
(d) For active training duty with the Florida National Guard, the Naval
Reserve, the Marine Corps Reserve, the Coast Guard Reserve,
the Army Reserve Corps, the Air Force Reserve, the Enlisted
Reserve Corps of the United States Army or another federally
recognized component of the Armed Forces. Such time off shall
be granted for a period not to exceed the term specified in the
orders to the employee to report for annual active duty training
with said reserve component when, and only when, said active
duty training is mandatory. Unless otherwise approved by the
appointing authority, such time off shall be limited to seventeen (17)
calendar days in anyone calendar year.
(e) When directed by the appointing authority or Police Chief to attend
professional or other conventions, institutes, courses, or meetings.
(f) When directed by the appointing authority or Police Chief to attend
in- service training or other in- service meetings, including authorized
safety meetings.
An employee may be granted time off without compensation for attendance
at meetings other than those specified in Sub-sections (a) through (f) above, or
to attend to urgent personal business, provided, that such employee shall request
approval from his department head in sufficient time to permit the latter to
make arrangements therefor, and further provided, that such time off will not
seriously affect the efficient operation of the department.
With the prior approval of his department head, an employee may be
granted time off from his duties for acting as an active or honorary pallbearer
at a funeral or for attendance at state funerals, funerals of City officials, of
employees or their wives or husbands, or military or fraternal funerals when
the employee is acting in an official capacity at said military or fraternal funerals.
Such time offmay be granted with or without compensation at the discretion of
the department head and the appointing authority.
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Section 4. Leave Without Pay
A regular employee may on written application therefor, be granted a
leave of absence wi thout pay upon the prior approval of the appointing authority
for any of the following reasons:
(a) Because of the physical or mental disability of the employee;
(b) Because the employee has announced his candidacy for public office;
(c) Because the employee is entering upon a course of training or
study for the purpose of improving the quality of his service to
the City and/ or of fitting himself for promotion in the clas sifie d
service.
(d) Because of extraordinary reasons, sufficient in the opinion of the
appointing authority to warrant such leave of absence.
Leave for any of the above reasons shall be subject to the following
re gulations:
(a) Such leave shall not be granted for more than one (1) year but
may under the provisions of paragraphs above be renewed upon
written application therefor by the employee.
(b) An employee granted a leave of absence hereunder shall, except
as hereinafter provided, be restored to his former position on the
expiration of the leave, or if approved by the appointing authority
before the expiration thereof.
(c) In the event that it is determined by the appointing authority that it
wouldt1c>tbe in the best interest of the City to restore such employee
to his former position or in the event that his former position has
been abolished in the meantime, he shall be placed at the head of
the re-employment list for the class or position nearest approximating
that in which he was employed immediately prior to such leave,
provided he is physically and mentally qualified for such position.
Should the names of two or more employees returning from leave
be placed on the same re-employment list, the names shall be
arranged in order of seniority.
Time off with compensation taken under any of the provisions of this
Agreement (including vacation and sick leave) shall not be required to be made up.
Section 5. Personnel Records
It shall be the right of any member of the bargaining unit, at reasonable
times, to inspect his personnel file and, at his expense, to make copies of
his personnel file.
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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 or 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 President of the F. O. P. shall receive a copy of any written
departmental memorandwn. 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 OFFICERS' DUTIES
The City agrees that no Police Officer, Traffic Enforcement Officer
or Parkette, shall be required to perform duties or functions non-consistent
with the job specifications as set forth in their job descriptions.
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ARTICLE XII
SENIORITY
Section 1. Seniority shall prevail in cases of lay-off, provided, however,
that the City may retain junior officers with specialized skills who are assigned
to special duties.
Section 2. No new employees shall be hired until the employees on lay-
off hav e been given an opportunity to return to work at their original seniority
date and positions; provided, that after one (1) 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 the lay-off.
Section 3. Civil Service shall govern the effects of 1ay-offs on
employment benefits.
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ARTICLE XIII
PROMOTIONAL PROCEDURE
Section 1. Establishment of Promotional Lists.
Promotion Lists. The names of all persons who may be lawfully
appointed and who shall have attained a passing grade on any promotional
examination shall be placed on the appropriate promotional list in the order of
their final grade without regard to time of tests. The names of two or more
eligible s having the same final grade shall be placed on the list by arranging
the names in order of seniority in the case of a list for promotion. In the event
that grades and seniority are identical, names shall be listed alphabetically.
Section 2. Duration of Lists.
All promotional eligible lists, whether resulting from examinations
having a closing date for receipt of applications or from continuous examinations
shall be established for the term and period of two (2) years from the date of
the examination which established such eligibility.
Section 3. Removal of Names from Lists.
Names of eligibles shall be removed from appropriate eligible lists by
operation of any of the following:
(a) Appointinent through certification from such list to fill a permanent
position. Acceptance of such appointment shall, for the duration of the employ-
ment resulting therefrom, constitute a waiver of any right of certification from
the list for another class at the same or lower salary level.
(b) Written statement by the eligible that he is not willing to accept
appointment. Such statement may be restricted to a limited period of time
if based on reasons satisfactory to the Personnel Director.
(c) Declination of appointment (other than temporary) if no written
statement has been given by the eligible or if the period thereof has expired.
Failure to respond to any inquiry of the Personnel Director regarding availability
for appointment within seven working days if made by letter or two working days
if made by telegram or telephone or to accept appointment within the same period
when offered or to report for duty within a reasonable time prescribed by the
appointing authority shall constitute declination.
(d) Separation from the City service of an employee on a promotional
li st.
(e) Disability that prevents the eligible from performing satisfactorily
the dutie s of the position.
(f) Removal from the employment area designated by the City when
such residence was required as a condition of appointment.
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(g) Attainment of an age in excess of that specified as the upper
limit by the employment requisition.
(h) Determination by the Personnel Director that the eligible has been
found to lack any of the established qualifications for the position for which he has
been tested or has otherwise been found unacceptable for any of the reasons
enumerated in the Act.
Section 4. Suspension of Names from Lists.
Names of eligibles may be suspended from eligible lists for specified
periods of time if it is ascertained that the eligible has wilfully given wrong
information, withheld information, or evaded que stions in his application in
an attempt to misrepresent his employment background or character, when
such misrepresentation does not materially change the eligible's acceptability
for the examination.
SectionS. In the preparation and administration of a promotional
examination for sergeant, the parties agree that they will be bound by the
provisions of Civil Service Rule 6 as it existed on June 21, 1979, except:
(a) that age and sex shall not be factors to be considered;
(b) that educational credits shall not be awarded as part of
the examination unless such credit is constitutional.
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AR TIC LE XIV
DIRECT ECONOMIC PROVISIONS
Section 1. Holidays
(a) There shall be eleven (11) paid holidays. They shall be celebrated
on the specific dates given. They shall be:
New Year's Day. . . .
Wa shington' s Bi rthda y .
Memorial Day. . .
Independence Day . . . . . .
Labor Day . . . . .
Veterans' Day. .
. . . Jan. 1
. . . Feb. 22
Ma y 30
July 4
1 st Mon. in
Sept.
. . . . . . N ov . 11
Thanksgiving Day
4th Thurs.
in Nov.
Dec. 25
Pay period
in which
bi rthda y
falls
Christmas. . . .
Employee's Birthday
Two Floating Holidays
(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
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.
(d) Employees who work on Christmas Day shall be paid at a rate of
2-1/2 times regular pay. In the fiscal year 1980/1981, employees who work on
or
Christmas Day andffhanksgiving Day shall be paid at a rate of 2-1/2 times
regular pay.
Section 2. Vacations
(a) Every full-time employee who is compensated on a salaried or
hourly-rated basis shall be entitled to an annual vacation leave with pay at his
regular salary or hourly rate in accordance with the provisions hereinafter
set forth.
(b) The vacation year shall be a calendar year and, except as herein-
after provided, the vacation shall be deemed to have been earned in the calendar
year immediately preceding the calendar year in which it is taken or become s
due. Any vacation heretofore taken shall be construed to have been earned
prior to the time it was taken. Except when specifically requested by the
Department head and approved by the Personnel Director vacation leaves may
not be anticipated but shall be taken as herein provided.
(c) A full-time permanent employee shall be deemed to have earned and
be eligible for his fir st vacation on the first anniversary date of his employment,
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provided that such first anniversary date falls on or before the thirtieth day
of September in that calendar year. In the event that such employee's first
anniversary date falls after September 30th in that calendar year, the provisions
of paragraph (d) hereunder will apply. The provisions of this paragraph
contemplate continuous service as hereinafter defined.
(d) Thereafter, and during his continuous service as hereinafter
defined, such employee shall become eligible for a vacation on the first day
of each succeeding calendar yea r.
(e) For the purposes of this section, continuous service shall mean
employment by the City in a position in the classified service without interruption
or break as defined by the provisions of Section 3 of Rule 10, Civil Service
Rules, as of July 1, 1979.
(f) Compensatory time off may, with approval of the appropriate Depart-
ment head, be taken in conjunction with a regular vacation. In such event,
the Department head shall, prior to the time the vacation is taken, forward to
the Personnel Director, a prescribed form on which he shall certify that the
employee is in fact entitled to such compensatory time off and that he has
authorized its use in conjunction with a regular vacation.
(g) With the prior approval of the appropriate Department head, an
employee's vacation leave may be accumulated up to but not exceeding the
number of days that can be accumulated by the employee in two years, except
that compensatory time off if taken in conjunction with an accumulated vacation,
shall not be included in such limitation. For the purpose s of this section, an
unused vacation leave, or any portion thereof, shall be deemed to have been
accrued at the end of the calendar year in which the employee was eligible to
take such vacation. Accumulated vacation therefore, shall be defined as a
combination of accrued and current vacation leave.
(h) Upon the granting of a military leave of absence to an employee he
shall be paid for the unused portion of his vacation leave for which he may at
that time be eligible. Employees returning to the City service from a military
leave shall be deemed to have earned a vacation in the calendar year in which
they return to said City service and shall be eligible for such vacation on the
first day of the next succeeding calendar year.
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(i) An employee absent under the sick leave provisions of this Agree-
ment shall, to that extent, be considered as having been continuously employed
for the purpose of earning a vacation. This provision shall be deemed to
include any period of absence to the extent of which the employee, because of
an injury incurred in the City service, receives income under the Workmen's
Compensation Act.
(j) The City agrees to continue the current vacation schedule for
1979/1980, and agrees to the following schedule for 1980/1981:
(k) An employee may petition the Chief of Police or his designee, for
permission to split his vacation time. Such permission will be granted if, in
the sole discretion of the Chie~, such an arrangement would not be detrimental
to the administration of the department.
(1) 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 that Section
of this Article; provided the employee notifies the Department of such death
prior to the end of his vacation. Time charged to Funeral Leave 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 hi s vacation, due to
circumstances beyond his control, the employee must notify the Department
of the death at his earlie st opportunity.
(m) Where an illness of three (3) or more days 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.
(n) An employee, upon termination, shall be entitled to receive all unused
vacation pay accumulated as of January 1 st of the year of termination.
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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 appea~anceis required in county or circuit court as
the result of a matter arising out of the course of his employment shall receive
a minimum of two 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, traffic, or civil case arising from the employee's
course of employment.
An employee may go on stand-by status if he is subpoenaed to appear in
county or circuit court as the result of a matter arising out of the course of his
employment, provided that this is agreeable to the court and to the attorney
reqresting his presence. An employee on stand-by under the provisions of this
section will receive two hours straight time pay for his time spent on stand-by
status.
Section 6. Physical Examinations and Innoculations
(a) The City will provide, at no cost to the employee, free and 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
illness in the line of duty, then the same immunization or innoculation will be
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made available to the members of the officer's household.
Section 7. Funeral Leave
In the event of a death in the employee's family, the employee shall be
allowed up to four days funeral leave with no loss of payor charge against sick
leave. For purposes of this part, "family" includes spouse, child, mother,
father, grandparents, grandchild, brother or sister of employee or employee's
spouse. In the event that an employee or employee's spouse suffers the death
of a stepchild, step-parents, step-brother, step- sister, brother's wife, sister's
husband, aunt, uncle, nephew, niece or first cousin, the employee shall be
allowed up to four days funeral leave to be charged against the employee's sick
leave. Additional time may be granted with prior approval of the Appointing
Authority for either of the above provisions. The employee shall submit docu-
mentary evidence substantiating the need for extension in form and substance
acceptable to the Department head and the Appointing Authority.
Section 8. Uniform Allowance
(a) The City shall continue to provide the uniforms and equipment
currently provided by the City, except that the City may make changes in styles
or update equipment.
(b) Detectives shall receive a plain-clothes allowance of $375. 00 per
fiscal year to be paid in semi-annual installments. The allowance will be
increased to $400. 00 in the second year of the contract.
(c) The City shall provide each sworn officer with a wllet-proof vest,
provided that the officer so requests; provided, however, that it shall be grounds
for disciplinary action if an officer provided a ve st refuse s to wear it.
(d) Persons transferred to plainsclothes duty shall be permitted to retain
at least one uniform.
Section i:.. 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 re suit of injury to an employee where such injury is incurred
in the line of duty.
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(b) An injury shall be deemed to have been incurred in the line of
duty if and only if such injury is compensable under the Florida Workmen's
Compensation Law.
(c) The amount of compensation paid shall be the amount required to
supplement funds 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 described 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; provide~ however, that if the injury results in
disability of more than fourteen (14) 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 duly 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 under 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 this
Section, then the decisions concerning definition of the terms of this Section 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.
This provision may be extended for another 90 days at the sole discretion of the
Appointing Authority. Upon completion of this 90 day period, or any extension
thereof, the employee shall revert to use of his accumulated sick leave as provided
elsewhere in this Agreement.
(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.
Section 10. Insurance
The City agrees to m:eet<With the F. O.P. and permit the F. O. P. to
propose insurance benefits, which benefits the City will accept, provided:
(1) That the cost to the City for such coverage will not be
greater than the current cost.
(2) That the benefits are available equally to all members of
the bargaining unit.
(3) That the benefits shall be at least as comprehensive as the
current benefits.
The City further agrees to provide the F. O. P. with such information as
would be required to formulate such a benefit package and to cooperate with the
F. O. P. to obtain pertinent information from the present carrier. Until a
benefit package is formulated and put into operation, the City agrees to continue
the current benefits.
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Section 11. ~ Overtime Pay
1
(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 ae cancelled. No regularly scheduled work day will be
cancelled for the sole purpose of avoiding overtime pay.
(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
40 hours in anyone work week.
Section 12. Wage s
The base rate of pay will be increased by 7.5%, effective October 1, 1979,
and then by an additional 7.0% effective October 1, 1980.
Section 13. Compensation Time
Officers shall have the option of designating overtime as compensatory
time under the following procedures:
(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. All time
designated as compensatory time will be credited to the officer's compensatory
time account. Hours earned as straight time will be credited as straight
time. Hours worked in excess of 40 hours in a work week shall be credited
at one-and-one-half (1-1/2) times the hours worked in excess of 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. Such time off will be granted, provided that, in the opinion
of the Department, operations will not be interfered with. 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
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to forty (40) hours of compensatory time during the fiscal year. All unused
and unretained compensatory time in an officer's account at 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. Compen-
satory hours off shall be considered as hours worked in computing overtime
under Section 12 of this Article.
Section 14. Shift Differential
Officers shall be entitled to shift differential pay as set forth in this
Section.
(a) For purposes of computing shift differential pay the following
shift series and payments are established:
Shift Series No.
Hour s
Payment per 14 day per.
100
200
300
2400-0700
0700-1600-
1600-2400
5%
o
3%
The payments shall be computed as a percentage of the employee's base pay,
including his merit and longevity step.
(b) An officer's shift differential shall be determined by the shift series
into which the majority of the hour s of his regularly as signed 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 assignments 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 assigned to a
Series 100 or 300 shift and shall not be prorated on account of vacation, holidays
or other paid time off.
Section 15. Funeral Detail
(a) The City shall permit the F. O. P. to form a four(4) man detail to
act as representatives of the F. O. P. and the City of Clearwater Police Depart-
ment, and permit this detail to attend the funerals of any law enforcement
officer in the State of Florida who loses his/her life in the line of duty.
(b) The City will continue to supply transportation (marked cruiser)
for the purpose of attending funerals of law enforcement officers.
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(c) In the event that the funeral is held in a city more than one hundred and
fifty (150) miles from Clearwater, the detail will be permitted to remain in the
distant city overnight.
(d) The F. O. P. shall be responsible for the payment of expenses of this
detail such as gas, oil, lodgings, and meals.
(e) In the event that no member of the funeral detail is off-duty at the time
of the funeral, at least two (2) members shall be granted time off, with no loss of
pay, for the purpose of attending the funeral~
(f) This provision shall not be subject to the grievance procedure.
Section 16. Legal Protection
The City agrees to defend any member of the bargaining unit who is sued for
damages as a result of actions taken in the scope of his employment with the City.
The employee agrees to cooperate with the City in providing this defense.
Section 17. The City agrees to request the Municipal Code Corporation to
supply the City with copies of those portions of the City Code of Ordinance s relating
to penal offenses; and the City agrees to distribute same to members of the unit.
Section 18. Standby Pay
(a) Detectives and patrolman technicians assigned nightly standby shall be
paid $5. 00 per night and on weekend standby shall be paid $25.00 for each weekenCl
assignment.
(b) Standby shall be defined as a specific requirement for an employee, in
addition to his work week, to be continually available and to re spond to work at
times other than his normal work hours.
(c) Standby assignments may only be made by the Chief or his written
designee, with prior approval of the Appointing Authority, who shall be empowered
to issue blanket approvals.
(d) A patrolman technician or detective placed on standby who is not avail-
able to work when called shall not be paid the standby premium and shall be
subject to disciplinary action.
Section 19. Special Duty Call Out
(a) All employees who are covered by this Agreement, shall receive written
notice, of any special duty detail, not less than 5 working days prior to that event.
(b) This section shall not pertain to emergencies or events that are unplanned
or unscheduled.
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ARTICLE XV
BULLETIN BOARDS, RULES
AND REGULATIONS, MEMOS, AND POSTING
AND COPYING OF AGREEMENT
Section 1. Bulletin Boards
The City agrees to provide space on bulletin boards at the roll call
room and at the Detective Bureau for posting by the F. O. P. of notices of
meetings or other official F. O.P. information; provided the Chief or his
de signee shall first review and agree to any such posting, and indicate his
approval by initials or stamp, and provided that no other City bulletin board
or blackboard may be used by the Union or any member of the bargaining unit
for any purpose not approved by the Chief; provided further that such approval
shall not be unreasonably withheld.
Section 2. Rule s and Regulations - Memorandums
(a) The President of the F. O. P. shall receive a copy of any written
departmental memorandum, rule, regulation, order, 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.
(b) The President of the F. O. P. or his designated delegate shall be
provided a copy of the agenda in advance of every regular City Commission
meeting.
(c) The President of the F. O. P. or his designated delegate shall be
provided a copy of the meeting time and place of the Civil Service Board in
advance of that meeting.
Section 3. Posting arid Copying of Agreement
(a) The City and the F. O. P. agrees that this Agreement shall be posted
by the City in a conspicuous place in the roll call room and in the detective
bureau.
(b) The City and the F. O. P. further agree to provide each member
of the bargaining unit, within thirty (30) days after its execution, a copy of
this Agreement. The cost of printing shall be shared equally by both parties.
Section 4. The City agrees to allow the F. O. P. officers to use the
Departmental copying equipment while off-duty under the following conditions:
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(1) The Chief or hi s de signe e shall approve the copying
of any matter.
(2) Political materials may not be copied under this Article.
(3) The F. O. p. shall rent a key from the City for $1 per
month, and can only make copies with use of the key.
(4) The F. O. P. will be charged 6 cents per copy.
(5) Departmental business will of course take priority and
the F. O. p. will only be allowed to make copies while
the Department is not otherwise using the copier.
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ARTICLE XVI
AMENDMENTS
This Agreement may be amended at any time by the mutual consent
of the parties, 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 1. 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 clauses 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 ornonexercise 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 XVIII
CONTRACT CONSTITUTES ENTIRE AGREEMENT
OF THE PARTIES
The parties 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 Union, 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 contemplation of either
or both parties at the time that they negotiated or signed this Agreement. This
Agreement contains the entire contract, understanding, undertaking and agree-
ment of collective bargaining for and during its term, except as may be other-
wise specifically provided herein.
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ARTICLE XIX
DURATION, MODI FICA TION AND TERMINA TION
Section 1. This Agreement shall be effective upon execution, and shall
continue in full force and effect until the 30th day of September, 1981. At
least one hundred twenty (120) 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 (I) year, and each year thereafter absent notification.
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IN WITNESS WHEREOF, the parties hereto have hereunder set
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their hands and seals this / ~ day of ~ ~ , A. D., 1979.
Atte st:
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City Clexk__
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Approved aato farm and
c-orrectn.e s s~-_' . .::---
.~'- ~A'''' d . J .
~;ft'" I c~
-, -,P'~City Attorney
By
countersik/~ f ~
. Mayor-Commissioner
Signed, sealed and
delivered in pre sence of:
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;~~, MtO_/-:S c f1:t-l-
As to City
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jfa1jmdJww,cr~
A s to . O. P.
FLORIDA STATE LODGE OF THE
FRATERNAL ORDER OF POLICE, LODGE 10
By~'~j,-~ 'h~
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