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AGREEMENT (5) - tJ ~, ;.- I . ~.. .it, I. I AGREEMENT between CITY OF CLEARWATER, FLORIDA and FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE LODGE NO. 10. OCTOBER I, 1984, through September 30, 1987 ((." /'.',~ (, (0 L- .. 1 INDEX Preamble Article I -Recognition Article II - Representatives of Parties Article III - City's Management Rights Article IV - Grievance Procedure Atrticle V - No Strike Article VI - Stewards, Check-Off and F .O.P. Business Article VII - No Discrimination Article VIII - Work Rules and Personnel Practices Section I. Sick leave Section 2. Military leave Section 3. Time Off Section 4. leave Without Pay Section 5. Personnel Records Article IX - Prevailing Rights Article X - Existing Rules - Article XI - Police Officer's Duties Article XII - Seniority Article XIII - Promotional Procedures Article XIV - Direct Economic Provisions Section I. 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 II. Overtime Pay Section 12. Wages Section 13. Compensation Time Section 14. Shift Differential Section 15. Funeral Detail Section 16. legal Protection Section 17. City Code of Ordinances Section 18. Standby Pay Section 19. Special Duty CallOut Section 20. Merit and longevity Increases Article XV - Bulletin Boards, Rules and Regulations, Memos, and Posting and Copying of Agreement Article XVI - Amendments Article XVII - Severabi Iity and Waiver Article XVIII - Contract Constitutes Entire Agreement Article XIX - Discipline Article XX - Duration, Modification and Termination -1- I' Page No. ii 2 3 4 7 8 10 II II 15 18 19 20 21 22 23 24 25 28 28 29 31 31 32 32 33 33 34 35 35 36 36 37 38 38 38 38 39 39 40 42 43 44 45 46 .,.l- .I I I PREAMBLE This Agreement is entered into effective this I st day of October, 1984, 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 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 9ther 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. ii , ...~ , '" 1 I 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 Commission in its certifica- tion No. 76-E-92-1029, dated June 24, 1976, which certification includes all police officers below the rank of sergeant, traffic enforcement officers, and parking enforcement officers. It is understood by the parties that "police recruits," "police auxiliary officers," and "part-time officers" are specifically exc1udecf t'rom this recognition. -1- I I .'j , .. I I ARTICLE II REPRESENTATIVES OF PARTIES Section I. 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 agrees that neither the Union nor the employees hereunder 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. -2- " I I , .~ ARTICLE III CITY'S MANAGEMENT RIGHTS Section I. Except as expressly limited by any provision of this. Agreement, the City reserves and retains exclusively all of its normal and inherent rights with I 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 services, from or to, either in whole or in part, 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 services. Section 2. If in the discretion of the City Manager or the Mayor it is deter- mined that civil er:nergency 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 pursuable on termination of the declared emergency. -3- .' J I ARTICLE IV GRIEVANCE PROCEDURE Section I. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agree- ment. 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. Grievances 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. Sat.urdays, Sundays and days designated as holidays are excluded. STEP I 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. 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 - three (3) 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 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 alleged in his written grievance. The Division Head or his designee shall obtain the facts concerning the -4- " , \ . I I " alleged grievance and shall, within five (5) 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.G.P. representative. The Division Head shall notify the aggrieved employee of his decision in writing not later than five (5) working days following the meeting day. To the extent permitted by law, employees covered by this Agreement hereby waive any right to resort to the Civil Service Board concerning any matter defined in this Agreement. This shall specifically include grievances relating to suspensions, demotions, and dismissals. STEP J 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 at:companied at this meeting by an F.G.P. representative. 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 sti II 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 (5) names of q~alified arbitrators. Within five (5) working days after the receipt of such a list, representatives of the parties shall -5- I I 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 hearing shaJl 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. 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, 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 terms of 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 grieva'nces 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. (c) The arbitrator shall arbitrate solely the issue presented. -6- '. . . I I ARTICLE V NO STRIKE Section I. 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 restrain- ing 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 dismissal, and it is expressly agreed that such violation constitutes just cause for dismissal. -7- " , I I ARTICLE VI STEWARDS CHECK-OFF AND"F.O.P. BUSINESS Section I. (a) Commencing at the pay day first following execution of this Agree- ment, the City shaH deduct dues owed by the employee to the F .O.P. on a 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. (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 .b.p. shall consist of the elected officers of the lodge. The F.O.P. will submit a list of the elected officers to the Chief of Police. (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 gri.evances 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. Section 4. The F.O.P. shall.have a total of twenty-five (25) working days time off with pay annually during the life of this Agreement for the purpose of -8- " I I " attending official F.D.P. functions, meetings or conferences. Requests for use of this time shall be made to the affected Division Commander via the chain of command and subsequently approved by the Chief of Police or his designee. 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.D.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 not be interfered with. Section 6. The President of the F.D.P. shall, on request, be relieved from duty with no loss in pay to attend the regular monthly meeting of the F.D.P. providing operations will not be interfered with. Section 7. The President of the F.D.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.D.P. President or his designated representative l"Qay petition the Police Chief to be relieved from duty with no loss of pay to attend the meeting. Per"'!ission will not be unreasonably withheld. Section 8. The Secretary and the Treasurer will be permitted to attend the regular monthly meetings of the Lodge if they are working; however they will be subject to call. Section 9. The City shall grant the F .D.P. time off without pay on request. Requests for use of this time shall be made to the affected Division Commander via the chain of command and subsequently approved by the Chief of Police or his designee. The Department will grant such time off provided that in the opinion of the Department, operations will not be interfered with. -9- (, , ARTICLE 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 origin, membership or nonmem- bership in labor organization, or age, as provided by law. .. -10- I ,~ I , ARTICLE VIII WORK RULES AND PERSONNEL PRACTICES Section I. Sick Leave. (a) Members of the bargaining unit shall accrue sick leave in accordance with the schedule below: Sick Leave Number of Yearly Scheduled Pay Hours Accrued Period Hours Per Pay Period Pay Periods Sick Leave is Accrued Yearly Sick Leave Hours 80 5.0 24 120 (b) Subject to the schedule contained herein, sick leave may be accumulated without limit for each pay period the employee is in a pay status, except when he is on borrowed sick leave. (c) All accumulated unused sick leave shall be credited to any employee recalled from a layoff, transferred, or certified to another department or classifi- cation without break in service, appointed from a re-employment list or returning from a leave of absence. If the employee is promoted, demoted or transferred to another city position with a different Scheduled Pay Period Hours other than that defined above, that employee's sick leave balance will be adjusted to reflect equivalent days of sick leave earned, consistent with his/her new scheduled pay period hours. (d) 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/her subsequent sick leave accumula- tions shall be calculated as a new employee. This shall not apply to an employee reinstated through a grievance procedure. (e) Under the provisions of this section, an employee may utilize his/her sick leave for absences from duty on any of his/her regularly scheduled work days for the number of regular hours he/she would otherwise have been scheduled to work on that day had not such absence occurred. Absence for a fraction of a day that is chargeable to sick leave in accordance with these provisions shall be charged by rounding to tenths of an hour according to the following: -11- , . , , Minutes Tenths of an Hour 1-6 . I 7-12 .2 13-18 .3 19-24 .4 25-30 .5 31-36 .6 37-42 .7 43-48 .8 49-54 .9 55-60 1.0 (f) Sick leave shall not be considered a privilege to be used at the employee's discretion, but shall be used only for absences: (I) Due to personal illness 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/her 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/her regular working hours is impossible .or unreasonable. (4) Due to illness of a member of his/her immediate family which requires his/her 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. The term "Immediate Family" as used in this paragraph shall mean parents, grandparents, children, grandchildren, brothers~ sisters or husband/wife of the employee and the immediate family as herein referenced of the husband/wife. (g) An employee absent for one of the reasons mentioned above shall inform an on-duty supervisor or the desk officer as soon as practical prior to -12- . . , " , , ~,. his/her regularly scheduled reporting time. Failure to do so may be the cause for denial of sick" leave with pay for the period of absence. (h) In the event that an employee's current illness or physical incapacity should continue beyond the point where his/her accumulated unused sick leave has been exhausted,. he/she may, upon written request and the approval of his/her immediate supervisor, Department Director, and City Manager, and when substan- tiated 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/her credit at the time such current illness or physical 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 shatl be repaid: (I) By the subsequent accumulation of sick leave in the amount necessary 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/her separation prior to such repayment, the City shall retain from the monies otherwise due the employee 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/her estate. The employee shall not accumulate sick leave while being paid with borrowed sick leave. (i) Upon separation from the City service, an employee shall be paid one- half (1/2) of his/her accumulated unused sick leave, provided: (I) 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/her accumulated unused sick leave will be charged with twice the number" of -13- 'I, I , regularly scheduled hours of work for that employee in such ti-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/her 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 - lay::Offs followed by subsequent re-employment shall not be considered as breaks in service; provided, however, that the length of such time-off or lay-off shall be deducted from the total length of service except that military . . leaves and leaves during which the employees are receiving Workers' 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/she has no reasonable immediate control, such as death, prolonged illness or physical or mental incapaci- ty, inability to effectively perform duties because of physical condition, material changes in methods, procedures or organizations or for oth~r reasons of like character as distinguished from reasons such as voluntary separation to seek or accept other employment, relocate, attend school, care for relatives or friends or reasons of like character. If the separation is the result of the death of the employee, his/her estate shall receive payment. An employee who has been dismissed for cause shall have no claim for sick leave payment. Notwithstanding the foregoing provisions of this paragraph, an employee who may otherwise be eligible for retirement under the City Employees' Pension Plan or Federal Social Security, or who may be approaching such eligibility date, and whose purpose in leaving is to retire under either program, may utilize one-half (1/2) of his/her accumulated unused sick leave to the extent thereof to advance his/her 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 such resignation becomes effective. In the interim, payment for accumulated unused -14- .' . , " I , 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/her retirement status. Accumulated unused sick leave will be charged as outlined in paragraph (I) of this sub-section. (4) Employees refiring 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 leave towards early retirement; or receive a lump sum payment for one-half accumulated unused sick leave, or split their accumulated unused sick time at one-quarter pay and one-quarter early retirement time. (5) Any sick leave taken after the effective date of this Agreement as the result of a line of duty injury shall be added back to the employees unused accumulated sick time at the time of retirement. (j) 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 employment, for which monetary or other valuable consideration is 'received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may be suspended or terminated. (k) Except in the cases of injury incurred in the line of duty employees shall not be entitled to use sick leave until the completio'l of six (6) calendar months of continuous service following the date of original appointment. (I) The employee shall be required to submit evidence in the form of a medical certificate, of the adequacy of the reasons for his/her absence during the period of time for which sick leave is granted: (I) When the illness of an employee necessitates an absence for three (3) consecutive scheduled work days or more; (2) When requested by the Department Director. Section 2. Military Leave -15- .. . ' I , .. 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 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: (I) 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 reuired 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: (I) The Army, Navy, Marine Corps and Air Force. (2) The auxiliary services directly necessary to and actually 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: (I) If still qualified to perform duties of his former position, be restored to position or to a position of like seniority, status and pay; or -16- \'1 I ' , (2) If not qualified to perform the duties of hb former position by reason of disability sustained during such servi'ce 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, ~hen the employee having been employed in the appropriate class for the shortest period 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 whether 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 -17- . . I i . ' 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 necessary adjustments of staff. In no event, however, shall this period be more than thirty (30) calendar days. 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 Selec- tive Service Board. Time off shall be granted for minimum period necessary to co'mply 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. For military reserve weekend drills, time-off shall be granted in accordance with Administrative Order 2-84. (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 -18- , '. I I 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 iatter 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 off may be granted with or without compensation at the discretion of the department head and the Appointing Authority. Section 4. Leave Without Pay A regular employee may on written application therefor, be granted a leave of absence without pay upon the prior approval of the appointing authority for pny 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 classified 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 regulations: -19- I I '.. ,., (a) Such leave shall not be granted for more than one (I) 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 would not be 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 fi Ie. -20- , I , , .' I I ARTICLE IX PREY AILING RIGHTS Any right or working condition enjoyed by employees cove.red 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. -21- " I I ARTICLE X EXISTING RULES -22- ! , '\ I I .- ARTICLE XI POLICE OFFICERS' DUTIES The City agrees that no Police Officer, Traffic Enforcement Officer or Parking Enforcement Officer shall be required to perform. duties or functions not reasonably consistent with the job specifications as set forth in their job descrip- tions or reasonably related to the performance of functions attributable to the Police Department. -23- I I . . ARTICLE XII SENIORITY Section I. Seniority by job classification 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 have been given an opportunity to return to work at their original seniority date and positions; provided, that after one (I) year of lay-off the employee shall cease to accrue seniority, and that such re-employment rights shall cease after five (5) years from date of the lay-off. Section 3. Officers shall be permitted to bid shift assignments by seniority, but the Department reserves the right to ensure that officers with specialized skills are appropriately deployed among the shifts, and to ensure that officers with less than two years departmental seniority are distributed relatively evenly among the shifts. -24- , . I I " ARTICLE XIII PROMOTIONAL PROCEDURES Section I. All police officers shall be eligible to compete in the. promotional exam for the position of Police Sergeant, provided they have satisfied the minimum qualifications as established by the City Manager. Section 2. Promotional exams shall be announced and scheduled at least 60 days prior to the actual test date. Section 3. Members of the bargaining unit shall notify the Personnel Department at least 14 days prior to the test date of their desire to be a participant. Section 4. Following the administration of any written exam or portion of exam which may be given, each member of the bargaining unit who took said written exam' or portion thereof will have a 14 day period within which to review the master questions and answer key. Before expiration of the 14 day period,- any examinee who wishes to challenge any answer must do so in writing to the Personnel Director specifying the basis for the challenge. The City will have 14 days within which to consider the challenge and to promulgate a final ansWer key applicable to all examinees. Section 5. Within 14 days following prom~lgation of the final answer key, grades relating to any written exam or written portion of any exam shall be posted. Section 6. Within 14 days after the grading has been completed, a promotional list will be published. Section 7. 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 <;1ppropriate promotional list in the order of their final grade without regar.cJ to time of tests. The names of two or more eligibles having the same final grade shall be placed on the list by arranging the names in order of -25- 1 ~ I \. I I ; . seniority in the case of a list for promotion. In the event that grades and seniority are identical, names shall be listed alphabetically. Section 8. 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 9. Removal of Names from Lists. Names of eligibles shall be removed from appropriate eligible lists by operation of any of the following: (a) Appointment 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 z 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 list. (e) Disability that prevents the eligible from performing satisfactorily the duties of the position. (f) Removal from the employment area designated by the City when such residence WQS required as a condition of appointment. (g) Attainment of an age in excess of that specified as the upper limit by the employment requisition. -26- , , I I (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 10. 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 willfully given wrong information, withheld information, or evaded questions in his application in an attempt to mis- represent his employment background or character, when such misrepresentation does not materially change the eligible's acceptability for the examination. Section II. . The written portion of the examination will be given to examinees on the same day. Any examinee who divulges to any person information relating to materials contained in the test questions will be subject to disqualifica- tion and discipline. -- -27- " I I ARTICLE XIV DIRECT ECONOMIC PROVISIONS Section I. Holidays. (a) There shall be nine (9) paid holidays. They shall be celebrated on the specific dates given. They shall be: New Year's Day.. .. .Jan. I Washington's Birthday . Feb. 22 Memorial Day. . . . . . . May 30 Independence Day.. . . July 4 Labor Day. . .1 st Mon. in Sept. Veterans' Day. . . . . . .Nov. II Thanksgiving Day. . .4th Thurs. in Nov. Christmas Day.. . . .Dec. 25 Employee's Birthday. .Pay period in which birthday falls (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, New Year's Day, Independ- ence Day, Labor Day, and Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay. (e) In addition to the holidays named above, employees shall be entitled to three (3) floating holidays. These days may be days off with pay and taken at the employee's request provided that operations will not be interfered with. Floating holidays shall be awarded each October I and must be taken by September 30 of the following year. An employee may elect to take one, two, or all three floating holidays as a cash stipend by notifying the Department during September of each fiscal year. In that case, the employee wi II be paid at the rate of eight (8) hours for each floating holiday for which the employee makes this election. -28- " I I , , . . 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 becomes 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 first vacation on the first anniversary date of his employment, 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 year. (e) For the purposes of this section, continuous service shall mean employment by the City in a position in the classified service witho.ut interruption or break as defined by the provisions of Section 3 of Rule 10, Civil Service Rules. (f) Compensatory time off may, with approval of the appropriate Department 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 -29- " . I , , . compensatory time off if taken in conjunction with an accumulated vaction, shall not be included in such limitation. For the purposes 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. (j) 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 Workers' Compensation Act. (j) The City agrees to continue the current vacation schedule for the duration of this Agreement: Years of Service Vacation Hours 1-2 3 4 5 6 7 8 - 10 II 12 13 - 15 16 & over 80 88 96 104 112 120 128 136 144 152 160 -30- , . 'j I I , .. (k) An employee may petition the Chie-f of Police or his designee, for permission to split his vacation time. Such permission will be granted if, in the sole discretion of the Chief, such an arrangement would not be detrimental to the administration of the department. (I) 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 his vacation, due to circumstances beyond his control, the employee must notify the Department of the death at his earliest 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 I st of the year of termination. Section 3. Recall Pay. Any employee who is recalled to duty 9fter having left for the day, or on a .. regularly scheduled day off, vacation day, or compensation day, or more than three (3) hours prior to the start of his regularly scheduled tour of duty, shall be guaranteed a minimum of two (2) hours payor three (3) 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 (20) work days or more, he shall receive the appropriate pay for the acting rank retroactive to the date he assumed that status. -31- . . , I I , , Section 5. Court Attendance Any employee whose appearance is required in county or circuit court as the result of a matter arising out of the course of his/her employment shall receive a minimum of three hours pay if such attendance is during the employee's regularly scheduled time-off. 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. When an employee is subpoenaed to Traffic Court during his/her regularly scheduled time-off, he/she will receive a minimum of two hours pay unless the Traffic Court is convened outside the officer's assigned area in which case, the officer will receive a minimum of three (3) hours pay. In all instances of court appearances scheduled less than three hours prior to " an employee's tour of duty, the employee will be deemed to have started work at the time indicated on the subpoena and will be paid for all hours worked in excess of eight hours. In all cases, the employee will be responsible to inquire of the department designee between 1600 hours of the day preceding and 0700 hours of the date of the scheduled court appearance so as to ascertain the status of the case and receive instructions. An employee will go on standy-by status as of the date and til1).e required by the subpoena if he/she is subpoenaed to appear in county or circuit court as the result of a matter arising out of the course of his/her employment, provided that this is agreeable to the court and to the attorney requesting his/her presence. An employee on stand-by under the provisions of this Section will receive straight time pay for each hour spent on stand-by with a minimum of three hour's pay. In the event the employee is called to report to court during the time he/she is on stand- by, he/she will be paid only for the actual hours spent on stand-by without benefit of the three hours minimum. 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 made available to the members of the officer's household. -32- , , I I f' (c) Physicals will be administered no less than ten (10) months and no more than ei ghteen (18) months apart. (d) The Department will attempt to schedule physicals while the- employee is on duty. Work schedules of affected employees may be subject to change in order to accomplish this objective but only if the examinations cannot be scheduled during work hours. It is the employee's responsibility to ensure that the physical is completed, and no employee shall be paid for time spent taking a physical unless that time falls within his/her assigned shift. Section 7. Funeral Leave In the event of a death in the employee's family, the employee shall be allowed up to three (3) days funeral leave with no loss of payor charge against sick leave for funerals in Florida, five (5) days for those out-of-state. For purposes of this part, "family" includes spouse, child, grandparents, grandchild, brother or sister of employee or employee's spouse. In the event than an employee or employee's spouse suffers the death of a stepchi Id, step-parents, step-brother, step-sister, brother's wife, or 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 documentary evidence substantiating the need for extension in form and substance acceptable to the Department head and the Appointing Authority. The employee must attend the funeral. In the event of the death of the mother or father of the employee or his/her spouse, five (5) days funeral leave will be allowed if the funeral is in the state, or seven (7) days if out of state. 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 $600.00 the first year of the contract, $600.00 the second year, and $650.00 the third year. (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 -33- J . \, I I , . for disciplinary action if an officer provided a vest refuses to wear it. (d) Persons transferred to plainsclothes duty shall be permitted to retain at least one uniform. 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 payble 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 under the Florida Workers' Compensation Law. (c) The amount of compensation paid shall be the amount required to supplement funds received from the Florida Workers' 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; provided, however, that if the injury result~ 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 duty injury to earn in the same or any other employment the wages 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 issued under the Florida Workers' Compensation Law shall control. -34- i, '.' I I , . (g) The maximum period for which payment maybe 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. (i) Failure to report a line of duty injury, when it becomes evident, to either the employee's immediate supervisor; the City Nurse, the Safety Officer, or the Police Chief, and to file a written report to the Safety Officer on proper forms within one (I) working day after reporting the injury shall caus~ the City to ,not pay the compensation under this Section. It shall be the employee's responsibility to prove the injury occurred while on duty. . Section 10. Insurance The City agrees to meet with the F.O.P. and other City of Clearwater unions' representatives to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. 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 and the insurance consultant. Until a benefit package is formulated and put into operation, the City agrees to continue the current benefits of life and health insurance. Section II. 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 i"n 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 -35- J . \. l ( . , scheduled work day to be 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. . Hours worked shall be computed according to the current method actually employed by the Department. (d) The work week shall be from 11:00 P.M. Friday to II :00 P.M. Friday. (e) An employee shall be paid two-and-one-half (21fz) times his/her regular hourly rate for all hours worked on designated holidays and these hours will not count toward the normal computation of hours worked for overtime purposes. Section 12. Wages The base rate of pay will be increased by 5.0%, effective October I, 1984, . and then by an additional 5.0%, increase each year of the contract. 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 designa"ted 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 -36- " , "0" I . . I during which it was earned, except that an officer may retain up to fifty-six (56) hours of compensatory time during the fiscal year. All unused and retained 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. . Compensatory 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. Hours 100 200 300 2400-0700 0700-1600 1600-2400 Payment per 14 day per. 7% 0% 5% -37- \. .. .1 I . . 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 Department, and permit. this detail to at:end 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. (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 Protecti,on 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 Ordinances relating to penal offenses; and the City agrees to distribute same to members of the unit. Section 18. Standby Pay. An employee assigned to standby will receive a flat fee of: $8.00 per night, Monday through Friday $40.00 per weekend. Only the Police Chief or his designee may place an employee on stand-by. . This Section will also apply to all Telephone Alert situations. -38- , , '~ \ J I . . Section 19. Special Duty Call Out. (a) All' employees who are covered by this Agreement shall receive 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. Section 20. Merit and Longevity Increases. Merit Raises: 5% at the end of the 1st, 2nd, 3rd, 4th and 5th year. Longevity: 21fz% at the end of the 7th, 9th, II th, and 15th years. Merit and longevity raises shall be in accordance with current practice. -39- '. . I I of . <'. III . .. ARTICLE XV BULLETIN BOARDS, RULES AND REGULATIONS, MEMOS, AND POSTING AND COPYING OF AGREEMENT Section I. 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 designee 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. Rules 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 publica- tion 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 and Copying of Agreement (a) 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 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, printed in booklet form. The cost of printing shall be shared equally by both parties. -40- ~ I Section 4. Use of Copying Equipment. The City agrees to allow the F.O.P. officers to use the Departmental copying equipment while off-duty under the following conditions: (I) The Chief or his designee shall approve the copying of any matter. (2) Political materials may not be copied under this Article. (3) The F .O.P. wi II be charged 6 cents per copy. (4) 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. -41- ,,( r ~\ '...) ~ I I . . .. 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. .. -42- f > ~'., I , . . '~ ARTICLE XVII SEVERABILITY AND WAIVER Section I. 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 enforceability 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.G.P. shall not be deemed to waive any such right or the right to exercise them in the future. ' -43- .- :. r) I I .. 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 respect 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 agreement of collective bargaining for and during its term, except as may be otherwise specifically provided herein. -44- , ,r. \~I,. -.' ~ I I r .. . ARTICLE XIX DISCIPLINE Section I. No employee shall be demoted, suspended, or dismissed without just cause. Section 2. Written reprimands issued more than two (2) years prior to the date of the infraction being appealed may not be used as evidence to support a suspension or dismissal. Prior to a written reprimand being placed in an employee's file, the employee will have the right to confer with the Police Chief regarding the proposed reprimand. An employee will be entitled to formulate a written response to a Letter of Reprimand he receives, and that response win be included in the employee's personnel file. Section 3. This Article shall apply only to permanent (certified) employees. -45- , ".... t-" I 1 ~ ~ .' ARTICLE XX DURATION, MODIFICATION AND TERMINATION This Agreement shall be effective as of October I, 1984, and shall continue in full force and effect until the thirtieth day of September, 1987. 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. -46- ('"",J. .. ~, I " J IN WITNESS WHEREOF, the parties hereto have hereunder s~t their hands and seals this d. (0 ~ day of ~ , A.D., 1984. .../ '. Attest~--..~'~.' .:.:; ~~~~t..~~~.} Dep~V: -.. . . .: ... --:-:',. .- .~ :: City ~ferk>_.._ .' :--:::~: /" ~~ - " -. > --_...- Approved as to form and Signed, sealed and delivered in the presence of: ~~ ~J..L /' ~ ~. - . {.../) As t City t7 (jI k~c.( ~~~_ As to F.O.P. ... CITY OF CLEARWATER, FLORIDA By ---------------............... Countersi gned: Mayor-Commissioner . .. FLORIDA ST ATE LODGE OF THE FRA TERNAL ORDER OF POLICE, :~;:~~~ -47-