Loading...
AGREEMENT (6) Preamble 1 I TABLE OF CONTENTS . . . .... ............. .. '.... .... ... ... .......... ........ ... .. . ..... Article 1. Recognition and Authorized Representatives Article 2. City Management's Rights Article 4. No Strike Article 3. Grievance Procedure Article 5. Stewards, Checkoff and F.O.P. Business .. .... .... ... ... .... ..... ... . .. . ..... .... .. .. . ,. .. .. Article 6. No Discrimination Article 7. Work Rules Sect ion 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. and Personnel Practices ........................... Si ck/lnjury Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Military Leave ................................... Ti me Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leave Wi thout Pay .......... . . . . . . . . . . . . . . . . . . . . . . Personne 1 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resi dency Requi rement .. . . . . . . . . . . . . . . . . . . . . . . .. . . Tobacco Product Usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seat Belt and Safety Equipment Use .... ..... ...... Outsi de Employment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Product i vi ty ..................................... Take-Home Cars . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . Police Officers' Bill of Rights .. ......... ....... Article 9. Existing Rules Article 8. Prevailing Rights . . .... .... .... ... . .. . ... " ... ... . .. . . . .. .. . . .. ....... .... ..... ... . .. ............ ... ....... . Article 11. Seniority Article 10. Duties of Police Sergeants and Police Lieutenants Article 12. Promotional procedure . .... .... ........ . ...10.. . ..10.. . .. ... ....... .. ... . 10... '- ci /,,' '.' , , / PAGE 1 2 3 5 10 11 14 16 16 22 25 26 28 28 28 28 29 29 29 29 30 31 32 33 35 " '" [L} 1 I PAGE Article 13. Direct Economic Provisions ..... .............. ......... ...... 38 Sect ion 1. Ho 1 i days ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Sect ion 2. Vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Sect ion 3. Reca 11 Pay ................ . . . . . . . . . . . . . . . . . . . . . . 42 Section 4. Acting In Higher Position Pay . .......... ........ 42 Sect ion 5. Court Attendance . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 42 Section 6. Physical Examinations and Inoculations .......... 43 Sect ion 7. Funera 1 Leave .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Sect ion 8. Uniform Allowance .. .. .. .. .. .. .. .. .. .. .. . .. . .. .. . 45 Section 9. Line-of-Duty Injury Pay . .,. ... ...... ..... ....... 45 Section 10. Insurance ....................................... 47 Section 11. Work Week and Overtime ... .... ........ ........... 48 Sect ion 12. Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Section 13. Compensatory Time . ...... ...... ............... ... 51 Section 14. Shift Differential.............................. 52 Section 15. Funeral Detail .................................. 53 Section 16. Legal Protection ................................ 53 Section 17. Copies of Municipal Code ...... ... .... ........... 53 Sect ion 18. Standby Pay ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Section 19. Special Duty CallOut ... ............ ..... ....... 54 Section 20. Equipment ....................................... 54 Section 21. Tuition Refund Program . ........ ................. 54 Article 14. Bulletin Boards, Rules and Regulations, Memos and Copying of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 55 Article 15. Amendments 57 Article 16. Severability and Waiver 58 Article 17. Discipline 59 Article 18. Substance Abuse and Testing 60 Article 19. Review Boards 63 Article 20. Training 64 Article 21. Pension/Social Security 65 Article 22. Contract Constitutes Entire Agreement of The Parties 66 ) PREAMBLE I This Agreement is entered into 10 - 1- 88 , 1989, between the City of Cl earwater, Flori da, herei nafter 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 mi sunderstandi ngs or di fferences whi ch may ari se, and to set forth herei n the full agreements between the parties concerning rates of pay, wages, hours of employment, and other terms and conditions of employment. 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 pub 1 i c and both parties hereto recogni ze the need for continuous and reliable service to the public. There shall be no individual arrangement contrary to the terms herein provided. -1- I I ARTICLE 1 RECOGNITION AND AUTHORIZED REPRESENTATIVES Section 1. The City hereby 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 certification No. 816, dated October 20, 1988, which certification is limited to Police Sergeants and Police Lieutenants. Section 2. 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 authori zed representat i ves as of the execut i on of the Agreement and each replacement therefore during the term of the Agreement. Authortzed representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards, provided that notification has been provided in writing to the Office of the Police Chief and the Personnel Di rector at 1 east twenty-four (24) hours in advance. Until such notice is received; the City is under no obligation to recognize an individual as an authorized representative of the Union. Section 3. The Union 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 covered hereunder shall seek to involve the Mayor- Commissioner or Commissioners in the administration of the Agreement, or otherwise in the operation of the City's Police Department. All matters relating to grievances shall be processed only through the grievance procedure chain of command. -2- I I ARTICLE 2 CITY MANAGEMENT'S RIGHTS Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this Agreement. The sole and exclusive rights of management i~clude, but are not limited to, the fOllowing: (a) to manage the Ci ty genera 11 y and to determi ne the issues of policy; (b) to determine the existence or nonexistence of facts which are the basis of management decisions; (c) to determine the necessity or organization of any service or activity conducted by the City and to expand or diminish services; (d) to determine the nature, manner, means, and technology, and extent of services to be provided to the public; (e) to determine methods of financing and budgeting; (f) to determine the types of equipment and technology to be used; (g) to determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted; (h) to determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City; (i) to assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; -3- I I (j) to re 1 i eve employees from dut i es for 1 ack of work, 1 ack of funds or any other non-disciplinary reasons; (k) to establish and modify productivity and performance programs and standards; (1) to discharge, suspend, demote, or otherwise discipline employees for just cause; (m) to determine jOb classifications and to create, modify or discontinue jobs; (n) to hire, transfer, promote, and demote employees; (0) to determine policies, procedures, and standards for selection, training and promotion of employees; (p) to establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith; . (q) to maintain order and efficiency in its facilities and operations; (r) to establish and promulgate and/or modify rules and regulations and standard operating procedures; (s) to take any and all necessary action to carry out the mission of the City and the Police Department in emergencies. Section 2. If in the sole discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist or may exist, including, but not limited to, riots, civil disorders, hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. Further, a discharge, suspension or demotion occurring during such emergency may be pursued as a grievance upon the termination of the emergency. The date of termination of the emergency shall be considered the first day under the grievance procedure. -4- I ARTICLE 3 GRIEVANCE PROCEDURE I Section 1. A grievance shall be defined as a timely complaint by an employee within the bargaining unit regarding the interpretation or application of specific provisions of this Agreement. The gri evi ng i ndi vi dua 1 must state in writing the remedy sought to resolve the grievance. Secti on 2. All gri evances fi 1 ed sha 11 refer to the speci fi c Article and section of this Agreement upon which the grievance is based and shall contain a concise statement of the facts alleged to support the grievance and shall be signed by the grievant. Grievances must be filed on proper forms supplied by the City and all information must be furnished. No gri evance may be amended from the ori gi na 1 wri tten gri evance fi 1 ed at the initial step of the grievance procedure. The Union agrees to deliver copies of the initial grievance and of each successive written step of processing for the grievance to the office of the City Manager within forty-eight (48) hours of its submission to the appropriate official within the Police Department. Grievances shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement. Where the term "working days" is used in this Article, it shall refer to Monday through Fri day. Saturdays, Sundays and days desi gnated as holidays for managerial employees of the Police Department or the City Manager's office are excluded from the term "working days." The time limits for fi 1 i ng the gri evances and process i ng subsequent steps in the gri evance process shall be strictly construed, but may be extended by mutual agreement evidenced in writing and signed by a duly authorized representative of the City and the grieving party. Failure of the grievant to comply with any of the time limits set forth hereunder shall constitute waiver and bar further -5- I I processing of the grievance. Failure of the City to comply with the time 1 i mi ts set forth hereunder sha 11 automat i ca 11 y move the gri evance to the next 1 eve 1 in the Gri evance Process. Employees in a probationary period within their jOb classification shall not have access to the grievance procedure for any matter of discipline (including discharge), assignments, scheduling or access to training opportunities. Section 3. On behalf of employees covered by this Agreement, the Union hereby waives any right of these employees to resort to the Civil Servi ce Board concerni ng any matter whi ch is defi ned in thi s Agreement. This shall specifically include grievances relating to suspensions, demotions and dismissals. Section 4. Formal Processing of Grievances Initiated By Employee The aggrieved employee may request, in writing (via a "Request for Representative Form"), that a Union representative be present in the meetings scheduled to discuss the grievance which are held between the grievant and the City as provided in Steps 2 and 3 herein. Step 1. An aggrieved employee (Police Sergeant or Police Lieutenant) shall present his grievance in writing to the Police Captain in his respective Division, or to the Deputy Police Chief if the employee is not assigned to a specific Division Captain, within seven (7) working days after the employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. As used in this Article, the term "employee" shall also mean a group of employees having the same grievance. I n such event, one employee shall be designated by the group of employees to act as spokesperson and shall be responsible for processing the grievance. The Police Captain or Deputy Police Chief receiving the initial grievance shall revi ew the gri evance and submi t a response in wri t i ng to the aggri eved employee withi n seven (7) worki ng days from the date the gri evance was -6- presented to him.' Where the Police Captain tr Deputy Police Chief determines that he is unable to respond due to circumstances of the grievance which may require a decision at a higher level, he may respond by denying the grievance. Step 2. If the grievance is not resolved at Step 1, the aggrieved employee may submit the grievance to the Police Chief within seven (7) working days from receipt of the response in Step 1. Such submission of the grievance at Step 2 shall be in writing. The Police Chief or his designee shall obtain necessary facts concerning the alleged grievance and shall, within seven (7) work i ng days fo 11 owi ng recei pt of the gri evance at Step 2, meet with the aggri eved employee and a Uni on representative if one has been requested. The Police Chief or his designee shall notify the aggrieved employee of his deci s ion in writ i ng not 1 ater than seven (7) working days fo 11 owi ng the meeting day with the employee. Step 3. If the grievance is not resolved at Step 2, the grievance and all responses thereto may be submitted to the City Manager or his designee within seven (7) working days of the time the response was provided in Step 2. At the request of the employee, the City Manager or his designee shall meet with the employee and a Union representative if one has been requested. The City shall determine who shall meet with the employee. Within seven (7) working days of the meeting with the employee, the City Manager or his designee will notify the aggrieved employee, in writing, of his decision. If a gri evance is not submitted to the City Manager or hi s desi gnee, it shall be deemed to have been resolved at Step 2 or to have been dropped by the grievant. -7- I Section 5. II Formal Processing of Grievance Initiated By City Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such gri evance cannot be resol ved by di scussi on between the City and the unit representative on an i nforma 1 bas is, the gri evance may be forma 11 y filed in writing by the City Manager or his designee by giving written not ice to the bus i ness agent of the Uni on. Such notice sha 11 i ndi cate the provisions of the Agreement which the City contends is not properly being carried out by the Union. If not resolved within seven (7) working days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 6 of this Article. Section 6. Grievance Arbitration In the event that a gri evance is still unresolved after Step 3 in Section 4 above or as provided in Section 5 above, the matter may be submitted to final and binding arbitration as provided in this section. (a) Within seven (7) working days of the decision of the City Manager or his designee, the aggrieved party shall notify the City Manager or his designee of intent to arbitrate. Concurrently, said party shall request from the Federa 1 Medi at i on and Conci 1 i at ion Servi ce a 1 i st of fi ve (5) names of qualified arbitrators. Within ten (10) 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 fil i ng the gri evance sha 11 strike the first name, then the other party shall strike a name. The process shall be repeated and the remaining name shall be the arbitrator selected. The arbitrator shall be notified of his selection. As promptly as can be arranged, but no later than thirty (30) days from the selection of -8- I I an arbitrator, the arbitration hearing shall be held. In the event that the arbitrator selected is not available within the thirty (30) day time frame, the parties shall immediately obtain a new list from the Federal Mediation and Conciliation Service and select another arbitrator using the same process as previously referenced. (b) Each party sha 11 pay its own expense for its representative, counsel and witnesses. The fees of the arbitrator, including the appearance fee of a court reporter, shall be shared equally by the parties. (c) The decision of the arbitrator shall be final and binding upon both parties, except that either party may petition for review in the ci rcuit court. The arbitrator shall have no power to amend, add to, or subtract from the terms of this Agreement in rendering his decision and such decision shall be limited to determination and interpretation of the explicit terms of this Agreement. If the City has denied the grievance on the basis that it was not timely filed and processed as required by this Article and if the arbitrator finds that the grievance was not timely filed or processed, then the arbitrator shall have no power to grant rel ief. No decision of the arbitrator shall create a basis for retroactive adjustment in any other case. (d) 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) calendar days from the date of the hearing. (e) The arbitrator shall arbitrate solely the issue presented. (f) Un 1 ess otherwi se mutua 11 y agreed upon, the submi ss i on to the arbitrator s~all be based solely on the originally written grievance submitted in the grievance process. -9- I I ARTICLE 4 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 agencies 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 appropri ate court and, without notice, obtai n a temporary restraining 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. -10- I I ARTI CLE 5 STEWARDS CHECKOFF AND F.O.P. BUSINESS Sect ion 1. During the term of this Agreement, and except as provided below, the City agrees to deduct the basic and uniform membership dues owed by the employee to the Union on a biweekly basis, provided that pri or to any such deduction the Uni on has provi ded the City with a signed statement from each sai d employee for whom dues are to be made that such deduct ion i s aut~ori zed, provi ded further that such authori zat ion 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 Union and shall be discontinued in the event the employee is terminated or is transferred, promoted or otherwise moved out of the bargaining unit. The City will not deduct any Uni on fi nes, pena lt i es or special assessments from the pay of any employee. Section 2. In the event that an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or hospitalization insurance or other standard or legally required deductions, are not sufficient to cover the basic and uniform membershi p dues, it wi 11 be the responsi bi 1 ity of the Uni on to collect its dues for that pay period from the employee. Section 3. The Union shall indemnify, defend and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents and employees in complying with this Agreement. The Union shall prompt 1 y refund to the City any funds recei'ved in accordance with thi s Agreement which are in excess of the amount of basic and uniform membership dues which the City has agreed to deduct. -11- I I The stewards of the Uni on sha 11 cons i st of the Section 4. elected offi cers of the Uni on, sUbject to a 1 i mit of four (4) persons and four (4) alternates. If the Union has more than four (4) officers, it shall designate the four (4) who will serve as stewards. The Union will submit a list of the four elected officers who will serve as stewards and the four (4) alternates to the Police Chief and to the Assistant City Manager/Operations. (a) Any steward who fee 1 s unqua 1 i fi ed to represent a member on any matter will be permitted to contact the Union president who shall then serve as the representative of the member. (b) A steward shall not investigate or otherwise handle grievances during working. hours without the specific, expressed consent of the Division Commander. A steward shall not investigate his own grievance or otherwise represent himself. Section 6. The Union shall be allowed up to ten (10) working days (of 8 hours each) of time off with pay per year for the purpose of attendi ng offi ci a 1 F. O. P. functions, meetings or conferences. Requests for use of thi s time sha 11 be made in advance in wri t i ng by one of the elected offi cers of the Lodge to the affected Di vi s i on Commander vi a the cha in of command and subsequently routed to the Chief of Police or his designee for consideration. Use of time shall be subject to the approval of the Chief of Police or his designee. The Chief or his designee will grant such time off provided that, in his sole and unlimited discretion, the efficiency of operat i on of the department wi 11 not be interfered wi th or i mpa ired. Any port i on of the ten (10) days time not used in an annua 1 peri od, whi ch sha 11 be defined as a contract year, beginning with ratification shall be forfeited and shall not be carried forward into the next annual period. -12- I I The Union may designate a Civil Service Liaison Section 7. Officer who shall, on request, be relived from duty with no loss of pay for the purpose of attending Civil Service Board Meetings, unless the efficiency of ope rat i on of the Depa rtment wi 11 be interfered with or i mpa ired in the sole and unlimited discretion of the Chief of Police or his designee. Section 8. The President of the local Union or his designee shall be forwarded a copy of the agenda in advance of every regular City Commission meeting. Section 9. The City may grant the Uni on offi cers time off without pay upon receipt of a written request outlining the need for such time. Approval of each such request shall be solely at the discretion of the Police Chief or his designee. -13- I ARTI CLE 6 NO OISCRIMINATION I Section 1. The City agrees to continue its pOlicy of not discriminating against any employee for any reason prohibited by applicable state or federal law. Any claim of discrimination by any employee against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of the Grievance Article of this Agreement, but shall be subject to the matter of review prescribed by law or by rules and regu 1 at ions of appropri ate state or federa 1 agenci es havi ng the force and effect of law. Section 2. The Union and its officers agree to support federal and state laws and regulations thereunder which have the effect of law and to abide by them, and further to encourage all bargaining unit members to comply with such laws and regulations at all times. From time to time, as the City issues policy statements or develops specific training programs concerning areas of prohibited discrimination under federal laws and regulations, the City may submit such policies and/or programs to the Union for their review and consideration for endorsement. If the Union determi nes not to endorse the po 1 i cy and/or program, it sha 11 advi se the City of its reservations which have precluded it from endorsement. Secti on 3. The Uni on and the City sha 11 not interfere with the ri ght of employees covered by th is Agreement to become or to refra in from becomi ng members of the Uni on, and the Uni on and the Ci ty sha 11 not discriminate against any such employee because of membership or non- membership in any employee organization. The Union acknowledges that it is the sole representative of bargaining unit employees. However, the Union has no obligation to prosecute grievances under this Agreement for non- members. -14- I i The City and the Union jointly concur that Section 4. references in this Agreement to employees of the male gender are used for convenience only and shall be construed to include both male and female employees. -15- I I ARTI CLE 7 WORK RULES AND PERSONNEL PRACTICES Section 1. Sick/Injury Leave (a) Members of the bargaining unit shall accrue sick/injury leave in accordance with the schedule below: Scheduled Pay Period Hours Sick/Injury Leave Hours Accrued Per Pay Period Number of Yearly Pay Periods Sick/Injury Leave Is Accrued Yearly Sick/Injury Leave Hours 80 5.0 24 120 (b) SUbject to the schedule contained herein, sick/injury leave may be accumulated for each of the twenty-four (24) pay periods within the annual period that the employee is in a pay status, except when he is on borrowed sick/injury leave, provided, however, that the maximum sick/injury leave accrual shall be 2400 hours. (c) All accumulated unused sick/injury leave shall be credited to any employee recalled from a layoff, transferred, or certified to another department or classification without break in service, appointed from a reemployment list or returning from a leave of absence. If the employee is promoted, demoted or trans ferred to another city pos it i on with a different scheduled pay period hours other than that defined above, that employee's s i ck/i njury 1 eave ba 1 ance wi 11 be adjusted to refl ect equi va 1 ent days of sick/injury leave earned, consistent with his new scheduled pay period hours. (d) In the event an employee has been separated and paid for accumulated unused Sick/injury leave as hereinafter provided, or has been dismissed for cause and sUbsequently is re-employed by the City, his subsequent sick/injury leave accumulations shall be calculated as a new employee. This shall not apply to an employee reinstated throug~ a grievance procedure. -16- (e) I I Under the provisions of this section, an employee may utilize his sick/injury leave for absences from duty necessitated by illness or injury as otherwise allowable under Section 1(f) hereof on any of his regularly scheduled work days for the number of regular hours he would otherwi se have been schedul ed to work on that day had not such absence occurred as a resu 1 t of the ill ness or injury or other all owab 1 e reason. Absence for a fraction of a day that is chargeable to sick/injury leave in accordance wi th these provi si ons sha 11 be charged by roundi ng to tenths of an hour according to the fOllowing: Minutes Tenths of an Hour 1-6 .1 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) Si ck/i njury 1 eave is not a pri vi 1 ege to be used at the employee's discretion. It shall be used only for absences: (1) 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 attendance on duty. (3) Due to dental appointments, physical examinations, or other persona 1 sickness prevention measures, the schedu 1 i ng of whi ch at times other than during his regular working hours is impossible 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 -17- I I regularly scheduled work week. The term "Immediate Family" as used in this paragraph shall mean parents, grandparents, children, grandchildren, brothers, sisters or present spouse of the employee and the immediate family as herein defined of the employee's spouse. (g) An employee absent for one of the reasons mentioned above shall inform his on-duty supervisor of his district or division at least one-half hour prior to his regularly scheduled reporting time of his absence, the specific reason therefor, and where (phone number and address) he will be while on sick/injury leave. This address and phone number will be updated whenever the address or phone number changes during the period of sick/injury leave. Failure to do so may be the cause for denial of sick/injury leave with pay for the period of absence and other disciplinary action. (h) In the event that an employee's current illness or physical incapacity should continue beyond the point where his accumulated unused sick/injury leave has been exhausted, he may, upon written request and the approval of his Department Director and City Manager, and when substantiated by a statement from competent medi ca 1 authority substant i at i ng the continuance of such illness or incapacity, obtain a sick/injury leave advance up to but not exceeding the amount of accumulated unused sick/injury leave which the employee had to his 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/injury leave account thereby creating an overdraft position. Such overdraft sha 11 have the status of a loan by the City to the employee and shall be repaid: (1) By the subsequent accumulation of sick/injury leave in the amount necessary to retire such loan, or -18- I I (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/injury leave until the loan has been repaid and in the event of his 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 estate. The employee shall not accumulate sick/injury leave while being paid with borrowed siCk/injury leave. (i) Upon separation from the City service, an employee shall be paid for one-half (1/2) of his accumulated unused siCk/injury leave or for 1200 hours, whichever is smallest, provided: (1) That the rate of payment sha 11 be based on the regu 1 ar biweekly base salary (excluding shift differential, or any other addition to base pay) of the employee (including longevity) at the time of separation for which his accumulated unused siCk/injury leave will be charged with twice the number of regularly scheduled hours of work for that employee in such biweekly 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 subsection, the rate of payment shall be based on the regular biweekly salary of the employee (including longevity) at the beginning of his leave of absence or the date the resignation was effective, and -19- I I (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 layoffs followed by subsequent reemployment shall not be considered as breaks in service; provided, however, that the length of such time-off or layoff 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 disability (incurred on or off the job) or that it is occasioned by action of the City due to material changes in procedures or organizations or for other 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 fri ends or reasons of 1 i ke cha racter. 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/injury leave payment. Notwithstanding the foregoing provisions of this paragraph, an employee who may otherwise be eligible for retirement under the City Employee's Pension Plan or Federal Social Security, or who may be approaching such eligibility date, and whose purpose in leaving is to retire under ei ther program, may uti 1 i ze one-ha 1 f (1/2) of hi s accumu 1 ated unused sick/injury leave to the extent thereof to advance his retirement date. In that event the employee sha 11 execute a res i gnat i on to become effective on the date that such accumulated unused sick/injury 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 sick/injury leave shall be made as a continuation of the employee's regular biweekly salary (including longevity) from which all regular payroll deductions shall be made in order to preserve his retirement status. -20- I Accumulated unused sick/injury leave will I be charged as outlined in paragraph (1) of this subsection. (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/injury leave towards early retirement; or receive a lump sum payment for one-half accumulated unused sick/injury leave, or split their accumulated unused siCk/injury time at one-quarter pay and one-quarter early retirement time. (5) Any siCk/injury 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/injury time at the time of retirement. (j) An employee may not utilize his accumulated siCk/injury leave reserve for absences resulting from an injury arising out of and in the course of employment, other than Ci ty employment, for whi ch monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick/injury leave, or who attempts to utilize accumulated sick/injury 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) The employee shall be required to submit evidence in the form of a medi ca 1 cert ifi cate of the adequacy of the reasons for hi s absence during the period of time for which siCk/injury leave is granted: (1) 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; -21- I I (3) When an employee's illness or injury is of a long-term nature, the employee shall be required to submit an update medical report from his physician every thirty (30) days. This report must indicate the date of the employee's last visit to the physician; nature of the illness or injury; current medical status of the employee; and projected date of return to work of the employee. Section 2. Military Leave Any regular or probationary employee in the classified service bei ng inducted or otherwi se enteri ng the armed forces of the Uni ted 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 hi m and on compl et i on thereof, be rei nstated in the Ci ty servi ce 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 mi ni mum peri od of time requi red 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 purpose of this section, "armed forces" shall be defined to include: (1) The Army, Navy, Marine Corps, and Air Force. -22- I (2) The auxiliary services I directly necessary to and actually associated with the armed forces of the United States, as may be determined by the City. (c) Application for reinstatement must be made within ninety (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 qua 1 ifi ed to perform duties of hi s former position, be restored to 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) I n the event there be no vacancy in the appropri ate 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 or returned to a former position in which he had acquired permanent status 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 shortest period of time shall be laid off or returned to a former position in which he had acquired permanent status and the returning employee reinstated. -23- (5~ A returning employee shall hate the same status as he had prior to the beginning of his military leave. He shall be allowed to take any subsequently administered examinations after his return that he would have been eligible to take had he not been on military leave and to complete any uncompleted period of probation. No grievance shall be filed by any other employee in connection with this paragraph. (6) He shall submit to such medical and/or physical exami nat ions as the appoi nt i ng authori ty sha 11 deem necessary to determi ne 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 duty, including cumulative seniority and, except as otherwise provided in this Agreement, applicable Civil Service/Personnel Rules, or City benefit policies, 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 appl i cat i on for such rei nstatement, consi stent wi th 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. The City shall have the right to, as part of the employee's -24- I I duties upon returning to work, assign the employee to such training as is necessary in its judgment to ensure the employee I s fami 1 i arity with jOb duties and knowledge. Section 3. Time Off An employee shall be granted necessary time off from his duties with pay for any of the following reasons when such time off does not, in the judgment of the Pol i ce Chi ef, interfere with the operations of the Department: (a) For participation in promotional examinations held by the City. (b) For servi ng on a jury. The employee sha 11 be requi red 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 required active or inactive training duty as a member of the Reserve Component or the National Guard falling on the employee's regularly scheduled work days up to a maximum of seventeen (17) work days per year without loss of seniority rights or efficiency rating. Absence from duty for required military reserve training in excess of seventeen (17) days per year or for any non-required military reserve training for which the employee initially volunteered shall not be compensated by the City. A copy of the employee'S military orders certifying his training assignment shall be submitted by the employee to the Police Chief immediately upon recei pt by the employee. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the seventeen (17) work days provided above will be granted time off -25- I I without pay. The employee shall be required to provide timely notice to the City of such training assignments. Failure to provide any of the timely notices herein required of an employee's military orders to the Police Chief shall be considered just cause for disciplinary action not to exceed a three (3) day suspension. (e) When directed by the City Manager or Police Chief to attend professional or other conventions, institutes, courses, safety meetings or other meetings, including in-service training or in-service meeting. An employee may be granted time off without pay for attendance at meetings other than those specified in Section 3 (a) through (e) above, or to attend to urgent personal business, provided that such employee shall request approval from the Police Chief in sufficient time to permit the Pol i ce Chi ef to make arrangements therefor, and further provi ded that such time off will not affect the efficient operation of the department in the sole and unlimited discretion of the Police Chief. With the prior approval of the Police Chief or his designee, and when the employee is acting in an offi ci a 1 capaci ty on beha 1 f of the City, 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, or employees or their spouses, or for military or fraternal funerals. Such time off may be granted with or without compensation at the sole and unlimited discretion of the Police Chief and the City Manager. Section 4. Leave Without Pay A regular employee may, on written application therefor, be granted a 1 eave of absence wi thout pay upon the pri or approva 1 of the appoi nt i ng authority for any of the following reasons: (a) Because of the physical or mental disability of the employee; -26- I I (b) Because the employee has announced his candidacy for public office; (c) Because the employee is enteri ng upon a course of t ra in i ng and/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 sha 11 be subject to the following regulatjons: (1) Such 1 eave shall not be granted for more than one (1) year, but may under the provisions of the paragraphs above, be renewed upon written application therefore by the employee and approval of the appointing authority. (2) An employee granted a leave of absence hereunder shall, except as hereinafter provided, be restored to his former position on the expiration of leave, or, if requested in writing by the employee and approved by the appointing authority, before the expiration thereof. (3) 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 position has been abolished in the meantime, he shall be placed at the head of the reemployment list for the class or positions 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 returni ng from 1 eave be pl aced on the same reemployment list, the names shall be arranged in order of seniority. Ti me off with compensation under any of the provi s ions of thi s Agreement (including vacation and sick/injury leave) shall not be required to be made up. -27- I Section 5. Personnel Records I It sha 11 be the ri ght of any member of the bargai ni ng unit, at reasonable times, to inspect his personnel file and, at his expense, to make copies of his personnel file or portions thereof. When a personnel record of a member of the bargaining unit is furnished to the public pursuant to a request therefor, the employee's home address and telephone number, spouse's telephone number or address and school of their children will not be furnished. Section 6. Residency Requirement Employees in the bargaining unit hired on or after December 15, 1986, are required to establish and maintain their bona fide, permanent residence within the geographical boundaries of Pinellas County. Section 7. Tobacco Product Usage Employees in the bargai ni ng unit hi red on or after December 15, 1986, are prohi bited from smoki ng or chewi ng any form of tobacco product, both on or off the job, during their employment with the City. Section 8. Seat Belt and Safety Equipment Use (a) All employees are required to wear seat belts when driving or riding as a passenger in any City vehicle or in a personal vehicle while on city business, except in cases of operational necessity or when a city vehicle does not have available seat belts. Whenever the employee is furnished with City safety gear, he shall wear it whenever he is on duty. (b) The City shall provide each sworn officer with a bulletproof vest, provided that the officer so requests; provided, however, that it shall be just cause for disciplinary action if an officer provided a vest does not wear it while on duty. -28- I Section 9. Outside Employment I Outside employment of bargaining unit members shall be subject to provisions of the City's Civil Service or the Departmental Rules & Regul at ions governi ng outsi de employment, provi ded further, however, that police-related outside employment shall be limited to a maximum of 20 hours per week. Duri ng peri ods of unusua 1 season a 1 demand, exceptions to the 20- hour maximum will be considered by the Police Chief, or his designee, who shall approve or deny such requests in his sole and unlimited discretion. Section 10. Productivity The Union recognizes that productivity is of utmost concern to the City and is critical to the provision of services to the citizenry in an effi ci ent and cost effective manner. The Uni on acknowl edges, except as expressly limited by the provisions of this Agreement, that the City may introduce new methods, processes and equipment, implement new technology, and establish work measurement standards to determine performance levels; that it may develop flexible jOb assignments and shifts; that it may establish innovative programs to improve the provision of police and related public servi ces or to reduce the cost of provi di ng such servi ces; and that it may take such other actions as it deems appropriate to improve productivity. Section 11. Take-Home Cars The City reserves the excl usi ve ri ght to determi ne if and when barga i ni ng uni t members shall be a 11 owed to take ci ty vehi cl es home and further retains the right to discontinue any current usage at any time. Section 12. Police Officers' Bill of Rights It is understood and agreed that all unit members shall enjoy those protections afforded under Sections 112.531, 112.532, 112.533 and 112.534, Florida Statutes (1987), commonly known as the Law Enforcement Officer's Bill of Rights. -29- I I ARTICLE 8 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. -30- I ARTICLE 9 EXISTING RULES I Section 1. Any Police Department rule, regulation, policy or procedure in existence at the time of adoption of this Agreement which is in conflict with any provision of this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Section 2. Employees shall be required to observe and comply with department regulations governing their employment as set forth in any departmental procedures and such special and general orders and written communications now existing or which may hereafter be promulgated which are not in conflict with this Agreement. Section 3. No disciplinary action shall be taken for violation of a newly established or amended and posted rule or regulation until at least forty-eight (48) hours after initial posting. Section 4. The President of the F.O.P. shall be forwarded a copy of any writ ten depa rtmenta 1 memorandum, ru 1 e, regu 1 at ion, genera 1 or special order, or pOlicy intended for publication to all members of the bargaining unit which is intended to establish a standard of conduct or performance for members of the bargaining unit. -31- I I ARTICLE 10 DUTIES OF POLICE SERGEANTS AND POLICE LIEUTENANTS Section 1. The Union agrees that the duties of Police Sergeants and Po 1 ice Lieutenants i nvo 1 ve both the performance of genera 1 police duties and the supervision of designated police personnel. The City agrees that no Police Sergeant or Police Lieutenant shall be required to perform duties or functions not reasonably consistent with the job specifications and duties as set forth in their respective jOb descriptions or reasonably related to the performance of functions of the Police Department. Section 2. The City agrees that Police Sergeants and Police Lieutenants shall not be required to change automobile tires except in emergenci es; nor sha 11 they be requi red to manua 11 y push di sab 1 ed motor vehicles, however, they shall make appropriate efforts to remove such disabled motor vehicles where the elimination of blocked or congested traffic flow or related safety needs is such as to reflect that the disabled motor vehicles should be reasonably relocated from the scene. -32- I I ARTICLE 11 SENIORITY Secti on 1. Seni ority for purpose of vacation accrua 1 sha 11 be defined as the length of continuous service in full-time City employment and will continue to accrue during all types of leave of absence with pay and other leaves when specifically provided in this Agreement. Seniority in rank will be utilized to determine vacation selection and selection of floating holidays. It shall also be used for bidding for shift assignments, provided that skills and qualifications are substantially equal and except as provided in Section 2 hereof. Section 2. Bargaining unit members shall be permitted to bid shift assignments by seniority in rank but the Department reserves the right, in its sole discretion, to ensure that officers with specialized skills are appropriately deployed among the shifB and to ensure that officers with limited tenure in their job classification are distributed relatively evenly among the shifts. Section 3. An employee shall lose his status as an employee and his seniority if he: (a) resigns or quits; (b) is discharged or terminated (unless reversed through the grievance or arbitration process); (c) retires; (d) does not return to work from layoff within ten (10) calendar days after being notified to return by certified mail addressed to his last address filed with the Personnel Department; (e) has been on layoff for a period of two years; -33- I I (f) is absent from work, including the failure to return from leave of absence, vacation or disciplinary action, for three (3) consecutive working days without notifying the Department, except where the failure to notify and work is due to circumstances verified as being beyond the control of the employee. Section 4. In the event that the City determines layoffs are necessary, the City agrees to negotiate with the Union concerning the conditions of such layoffs and recalls. -34- I I ARTICLE 12 PROMOTIONAL PROCEDURE Section 1. Eligibility A 11 Po 1 i ce Sergeants sha 11 be promotional process held by the City for Lieutenant provided they have met the minimum qualification requirements established by the City Manager. Section 2. Promotional Exams Promotional exams shall be announced and scheduled when there is no eligible to compete in the the classification of Police existing eligibility list or when there are less than five available names on such 1 i st. Section 3. Testing Process (a) The promotion process shall be competitive, utilizing a written objective exami nat i on form, prepared by the Personne 1 Department, with input from the Police Administration Department of St. Petersburg Junior College. The test shall be designed to determined the knowledge and skills of the candidates in job related areas. (b) Pri or to development of the wri tten test, the Uni on sha 11 be permitted to designate one Police Lieutenant from the bargaining unit to meet with representatives of the Personnel Department and the Police Administration Department of St. Petersburg Junior College for the purpose of providing input as to the scope of the test. (c) The test shall be developed by the Personnel Department of the City of Clearwater. The completed test shall be reviewed by a top official of the Police Administration Department of St. Petersburg Junior College for the purpose of providing advisory recommendations to the Personnel Department. -35- I I (d) The tests sha 11 be conducted by the Personnel Di rector or by persons designated by him and at such hours and in such places as in the judgment of the Personnel Director will be most consistent with the best interests of the City. Section 4. Certification and Appointment In certifying from the promotional list for the filling of a vacancy in a permanent pos it ion, the Personne 1 Di rector sha 11 certify the names of those persons standing highest on the Eligible List consistent with the Ru 1 es of Fi ve Rounded Scores. The Po 1 ice Ch i ef sha 11 provi de each certified eligible with the opportunity to be interviewed for the designated vacancy. Selection from the Certified List shall be at the sole discretion of the Police Chief. Section 5. Eligible List The Promotional Eligible List resulting from the competitive examination process shall be established for the term of two years from the name of the written examination. Names of eligibles for Police Lieutenant shall be removed from the Eligible List by operation of anyone of the following: (a) Expiration of the life of the list. (b) Appointment through certification from such list to fill a permanent position of Police Lieutenant. (c) Declination of appointment when appointment is offered by the Police Chief. (d) Separation from the City service of the eligible. (e) Removal from the employment area designated by the City when such residence was required as a condition of employment or previous promotion. (f) Determination by the City that the eligible willfully or knowingly gave false or wrong information, withheld information, or was evasive in responses relating to his employment background, training, education or character. -36- I Section 6. Probation I An employee initially appointed or promoted to a class within the bargaining unit shall serve a probationary period of six (6) months of active servi ce duri ng whi ch he sha 11 have the opportunity to demonstrate to the satisfaction of the Police Chief his suitability for the job. In the event the employee is, for any reason, absent from duty for an accumulated period of fifty- six (56) schedu 1 ed work hours or more, then a 11 such time to the fu 11 extent thereof sha 11 be added to and thereby extend the probationary period. The employee shall attain permanent status in the class, subject to approval by the City Manager, upon successful completion of the probationary period and the submission to, and concurrence of the Police Chief on a written request for permanent status designation form. An employee who, during the probationary period, does not demonstrate suitability for the class, as determined by the Police Chief, sha 11 be not ifi ed in writing and sha 11 be demoted to hi s former classification. An employee serving a probationary period within the bargaining unit shall not be entitled to appeal his non-successful probationary period and his return to his former position. -37- I I ARTICLE 13 DIRECT ECONOMIC PROVISIONS Section 1. 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. 1 Washington's Birthday..Feb. 22 Memorial Day.......... .May 30 Independence Day.......July 4 Labor Day.... ..lst Mon. in Sept. Veterans' Day .........Nov. 11 Thanksgiving Day.4th Thurs. in Nov. Christmas Day..... ..December 25 Employee's Birthday..Pay period in which birthday falls The City shall determine whether an employee will work on holidays and reserves the right to determine the appropriate level of staffing and the schedul e employees wi 11 observe on the hol i days. This does not apply to assigned uniformed street supervisors. (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 paid sick/injury leave, the employee shall receive holiday pay at his straight time rate and shall not be charged sick/injury leave pay for that day. In the event the employee is on sick/injury leave without pay, or any other form of time off without pay, the employee sha 11 not be paid for the holiday. (d) Employees who work on Christmas Day, New Year's Day, Independence Day, Labor Day, and Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay. (e) An employee may be required to work all or part of any holiday even though it may be his regularly scheduled day off. -38- I ( (f) In addition to the holidays named above, employees shall be entitled to three (3) floating ho 1 i days. These days may be days off wi th pay and taken at the employee's request provided that operations will not be interfered with. Floating hOlidays shall be awarded each October 1 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 fi sca 1 year. In that case, the employee wi 11 be pai d at the rate of eight (8) hours for each floating holiday for which the employee makes this election. Section 2. Vacations (a) Employees sha 11 be ent it 1 ed to an annua 1 vacat ion 1 eave with pay at his regular hourly rate in accordance with the provisions hereinafter set forth. (b) The vacation year shall be a calendar year and, except as hereinafter 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 Personne 1 Di rector va cat ion 1 eaves may not be anti ci pated but shall be taken as herein provided. (c) During his continuous service as hereinafter defined, such employee shall become eligible for a vacation on the first day of each succeeding calendar year. (d) For the purposes of this section, continuous service shall mean employment by the City in a position in the classified service without interrupt i on or break as defi ned by the provi s ions of Section 3 of Ru 1 e 10, Civil Service Rules. (e) Compensatory time off may, wi th approva 1 of the appropri ate department head, be taken in conjunction with a regular vacation. In such event, the department head shall certify that the employee is in fact entitled -39- I I to such compensatory time off and that he has authorized its use in conjunction with a regular vacation. (f) Wi th the pri or approva 1 of the appropri ate Department head, an employee's vacation 1 eave may be accumu 1 ated up to but not exceedi ng 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 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. (g) Upon the granting of a mi 1 i tary 1 eave of absence (for that 1 eave described in Article 7, Section 2, of this Agreement) 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 returni ng to the City servi ce from a mil itary leave shall be deemed to have earned a vacation in the calendar year in which they return to said Ci ty servi ce and sha 11 be e 1 i gi b 1 e for such vacation on the first day of the next succeeding calendar year. (h) An employee absent under the sick/injury leave provisions of this Agreement sha 11, to that extent, be cons i dered as havi ng been cont i nuous 1 y 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. -40- I I (i) The City agrees to continue the current vacation schedu 1 e for the duration of this Agreement: Years of Service Vacation Hours 1 - 2 3 4 5 6 7 8 - 10 11 12 13 - 15 16 & over 80 88 96 104 112 120 128 136 144 152 160 (j) 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 Chief, such an arrangement would not be detrimental to the administration of the department. (k) 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 pri or to the end of hi s vacation, due to circumstances beyond his control, the employee must notify the Department of the death at his earliest opportunity. (1) Where an ill ness of three (3) or more days occurs duri ng a vacation, an employee may charge this time to siCk/injury leave, and such time charged to sick/injury leave shall not be charged against the employee's accrued vacation. In such event the employee shall be required to provide a doctor's certificate as provided in Article 7, Section 1, paragraph (1). (m) An employee, upon termination, shall be entitled to receive all accrued unused vacation pay that remains at the time of termination. -41- I Section 3. Recall Pay I Any employee who is recalled to duty after having left for the day, or on a regularly scheduled day off, 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 thi s 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. Recall specifically excludes court appearances. Any employee recalled while on vacation shall be paid at time and one-half for all hours worked on the recall assignment. Section 4. Acting In Higher Position Pay If an employee serves in a higher capacity on an acting basis for twenty (20) consecutive work days or more, he sha 11 recei ve the appropri ate pay for the acting rank retroactive to the date he assumed that status. The appropriate pay shall be defined as 5 per cent above the employee's base pay. 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 employment shall receive a minimum of three (3) 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 Offi ce, Pub 1 i c 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 regularly scheduled time-off, he will receive a minimum of two (2) 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. All time paid for any court attendance wi11 count as time worked. -42- I , In all instances of court appearances scheduled less than three (3) hours prior to an employee's tour of duty, the employee will be deemed to have started work at the time i ndi cated on the subpoena and wi 11 be pa i d for all hours worked in excess of eight (8) 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 wi 11 go on standby status as of the date and time required by the subpoena 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, provi ded that thi s is agreeab 1 e to the court and to the attorney requesting hi s presence. An employee on standby under the provi si ons of thi s sect ion wi 11 receive straight time pay for each hour spent on standby with a minimum of three (3) hours pay. In the event the employee is called to report to court during the time he is on standby, he will be paid only for the actual hours spent on standby without benefit of the three (3) hours minimum. Standby time shall be excluded from hours worked computations. Section 6. Physical Examinations and Inoculations (a) The City and Union agree that the physical fitness of pOlice officers is of importance to insure the public of quality pOlice service. The City will provide, at no cost to the employee, free and mandatory annual physical examinations for each employee. All employees whose physical fitness or medi ca 1 status is deemed defi ci ent in some manner as a resu lt of the physical examination shall be counseled by the Department and shall be encouraged to undertake a fi tness rehabi 1 i tat i on program in an effort to improve thei r phys i ca 1 fitness and hea lth. Employees hired after July 1, 1987, shall be required to meet certain physical fitness standards consistent with those which were required at the time of their initial employment, and if -43- I I found deficient in certain designated areas, shall be required to undertake a fitness rehabilitation program and/or dietary program in an effort to improve their physical fitness and health to the point consistent with designated standards. Such programs shall be completed within prescribed time periodS of not less than three (3) months nor more than six (6) months. Such employees shall be sUbject to disciplinary action up to and inClUding termination for failure to participate in fitness rehabilitation programs as referenced hereunder. (b) In the event that the Department determines that an officer requires an inoculation or immunization as the result of exposure to a disease or illness in the line of duty, then the same immunization or inoculation will be made available to the members of the employee's household. (c) Physicals will be administered no less than ten (10) months and no more than eighteen (18) months apart. (d) The Department will attempt to schedule physicals while the employee is on duty. Any annual physical fitness exam will also be administered during the employee's on-duty time. 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 normal 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 assigned shift. Section 7. Funeral Leave Each employee sha 11 be a 11 owed up to four (4) days funera 1 1 eave with no loss of pay and no charge against sick/injury leave in the event of a death in the "immediate family." Death in the "immediate family" shall be defined as a death of a spouse, child, mother, father, grandmother, grandfather, grandchild, brother or sister of the employee or the employee's spouse. -44- I I Additional funeral leave for a death in the immediate family may be requested in accordance with current rules and regulations. Each employee shall be allowed up to two (2) work days at anyone time for a death of a member of the "close family" chargeable to sick/injury leave. "Close family" shall be defined as the following family members: stepparents; stepchi 1 dren, stepbrothers, steps i sters; brother's wi fe; sister's husband. Additional time, chargeable to siCk/injury leave, may be requested in accordance with current rules and regulations. An employee must attend the funeral in order to receive pay for a death in the family. Section 8. Uniform Allowance (a) The City shall continue to provide the uniforms and equipment current 1 y provi ded by the Ci ty, except that the Ci ty may make changes' in styles or update equipment as it deems appropriate. (b) Employees assigned to positions outside the uniform patrol division where such employee is required to wear a suit or sport coat shall receive a plain-clothes allowance up to a maximum of $650.00 each year. (c) Persons transferred to plain-clothes duty shall be permitted to retain at least one uniform. (d) The City may determine the most appropriate way to pay uniform allowance; e.g., biweekly, monthly, quarterly, annually. Further, the City may change the manner in which the allowance is paid provided that employees are given not less than thirty (30) days' notice of the change and that the change does not reflect a reduction in the annual amount to be paid. Section 9. Line-of-Duty Injury Pay The City hereby agrees to pay the fo 11 owi ng compensation to any employee injured in the line of duty in accordance with the following definitions, terms, and conditions: -45- I I (a) Compensation shall be payable under this section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. (b) An injury shall be deemed to have been incurred in the line of duty if and only if such injury is compensable under the Florida Worker's Compensation Law. (c) The amount of compensation paid sha 11 be the amount requi red to supplement funds received from the Florida Worker'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 a 11 other payments herei n descri bed equa 1 the employee's week 1 y wage at the time of the injury. (d) No compensation under thi s section sha 11 be a 11 owed for the fi rst seven (7) days of di sabi 1 i ty; provi ded, however, that if the injury resu 1 ts 'i n di sabi 1 i ty of more than fourteen (14) days, compensation sha 11 be paid from the commencement of the disability. In such case, the sick/injury leave taken by the employee will be credited back to the employee's accrued sick/injury leave account. (e) The term di sabil ity as used in thi s section means incapacity because of the line-of-duty injury to earn in the same or any other employment the wages whi ch the employee was recei vi ng 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 the active status. In the event of any dispute or -46- I I disagreement concerning the interpretation of this section, then the decisions concerning definition of the terms of this section issued under the Florida Worker'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, i ncl udi ng recurrences thereof. No payment made by the City duri ng sai d period shall be charged against any sick/injury leave which the employee may have accrued. This provision may be extended for another ninety (90) days at the so 1 e di scret i on of the Appoi nt i ng Authority. Upon completion of the ninety (90) day period, or any extension thereof, the employee shall revert to use of his accumulated sick/injury 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 the employee), or failure to report an event that could result in an injury, to either the employee's immediate supervisor, the City Nurse, the Safety Officer, or the Police Chief, and to file the necessary written report on proper forms within one (1) work day after reporting the injury or event shall cause 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. -47- I I 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 operat ion, the City agrees to continue the current benefi ts of 1 ife and health insurance. Section 11. Work Week and Overtime A. Normal Work Week The normal work week for employees in the bargaining unit shall consist of forty (40) hours of working time. Generally, the employee will work five (5) days of approximately eight (8) hours per day, or four (4) days of approximately ten (10) hours per day; however, the City and Department may otherwise establish and flex an employee's schedule as necessary in their judgment to best provide police services in an effective and efficient manner. 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. Overtime Employees shall be required to work overtime when scheduled or ordered by competent authori ty. Employees shall be paid time and one-half their regular rate for all hours worked after the employee has actually worked forty (40) hours in that work week. Only hours actually worked will count as hours worked for the purpose of computing overtime pay, un 1 ess otherwi se speci fi ca 11 y provi ded in thi s Agreement. Compensatory time, in lieu of overtime payment, shall be allowed up to a maximum amount, at any time, of fifty-six (56) hours as provided in Section 13. -48- I Section 12. Wages I A. Pay Schedule The City shall establish and administer a pay schedule for Police Sergeants consisting of seven (7) steps and a pay schedule for Police Lieutenants consisting of six (6) steps as provided below: Schedule For Fiscal Year 1988-89 Step 1 Police Sergeant Biweekly Annual Step 1 Police Lieutenant Biweekly Annual $1173.08 2 1220.00 3 1268.80 4 1319.55 5 1372.33 6 1427.22 7 1484.31 $30500.08 $1423.08 1480.00 $37000.08 38480.00 31720.00 2 32988.80 3 1539.20 40019.20 34308.30 4 1600.77 41620.02 35680.58 5 1664.80 1732.06 43284.80 37107.72 6 45033.56 38592.06 Schedule For Fiscal Year 1989-90 Step 1 Police Sergeant Biweekly Annual Step 1 Police Lieutenant Biweekly Annual $1220.00 2 1268.80 1319.55 3 4 1372.33 5 6 1427.22 1484.31 7 1543.68 $1480.00 $38480.00 40019.20 $31720.00 32988.80 34308.30 2 1539.20 3 1600.77 41620.02 35680.58 4 1664.80 43284.80 37107 . 72 5 1732.06 45033.56 38592.06 6 1801. 34 46834.84 40135.68 B. Rules For Administering The Pay Schedule (a) Conversion to Plan All Police Sergeants and Police Lieutenants who were in their current positions as of 10/1/88 shall have a 5% base increase computed over -49- I I their current base as of 10/1/88 and utilizing the resulting figure, be initially placed, as of that date, in the closest step in the pay schedule which does not result in a decrease. Employees in the bargaining unit who were promoted to Po 1 i ce Sergeant after 10/1/88, sha 11 be pl aced in the closest step in the Police Sergeant pay range for 1988-89 that does not cause a pay decrease. Such pl acement sha 11 be effective as of the date of the employee's promotion to the position. No further increase shall be provided to bargaining unit employees during Fiscal Year 1988-89. (b) Adjustment to Pay Schedule 10/1/89 The pay steps in A. above shall be adjusted four percent (4%) effective October 1,1989, resulting in a four percent (4%) adjustment for bargaining unit employees without changing their step placement. (c) Merit Step Advancement Beginning as of October 1, 1989 Employees in the bargaining unit shall be eligible for performance review on their promotional anniversary date during Fiscal Year 1989-90 and, subject to recei pt of a satisfactory rating, sha 11 be advanced to the next higher step in the range for their class. Thereafter, employees shall be reviewed on an annual basis and considered for subsequent merit step advancement based on satisfactory performance evaluations, except as provided elsewhere in the provisions of this section. Employees in the top step in their respective range shall not be eligible for merit increases, however, an annua 1 performance eva 1 uat ion sha 11 be conducted on the emp 1 oyee' s promotional anniversary date. (d) Responsibility for Performance Evaluations Performance evaluations shall be based on a review of the employees' jOb performance and adherence to departmental rules, regulations and procedures. Performance evaluations will be accomplished by Police Department senior management personnel and the office of the Police Chief. -50- (e) I Denial , of Merit Step Advancement and Effect Upon Pay Advancement Employees who receive an evaluation on their promotional anniversary date, beginning with Fiscal Year 1989-90, of less than satisfactory shall not be granted a merit step advancement on their promotional anniversary date. Such employees may be reevaluated after three months and if then rated satisfactory shall be granted a merit step advancement on that date. The effective date of thi s increase sha 11 be utilized for the purpose of determining subsequent annual merit review dates. If the three months follow-up rating is still less than satisfactory, the employee shall be evaluated in another three months. If then rated satisfactory, the employee shall be provided a merit step advancement as of the second three months fo 11 ow-up revi ew and the effective date of thi s increase shall be uti' i zed in the future as thei r promot i ona 1 anni versary date for the purpose of determining subsequent annual merit review dates. If st ill rated 1 ess than satisfactory, no meri t step advancement sha 11 be made and the employee will be evaluated on his/her regular promotional anniversary date. Section 13. Compensatory Time A. Compensatory Time Allowance Employees will be provided the opportunity to request to be granted compensatory time, in lieu of overtime payment, up to a maximum cumulative accrual of fifty-six (56) hours of compensatory time. At no time may an employee's total accrual of compensatory time exceed fifty-six (56) hours. Compensatory time accrual will be at time and one half for each hour selected in lieu of premium overtime payment. Requests to use compensatory time shall be made to the appropriate Police Captain or other managerial employee. Compensatory hours off shall be considered as hours work in computing overtime under this article. -51- I I B. Previous Unused Compensatory Time Police Sergeants and Police Lieutenants who, on the effective date of adoption of this contract by the City Commission of the City of Clearwater have accrued unused comp time on departmental records maintained by the Police Department, shall be paid a lump sum payment for such hours. Payment shall be made at the employee's rate of pay as of 9/30/88. Such payment shall be made within thirty (30) days of execution of this Agreement. Section 14. Shift Differential Employees 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 Payment Per 14 Day Per 100 200 300 2400-0700 0700-1600 1600-2400 7% 0% 5% The payments shall be computed as a percentage of the employee's base pay. (b) An employee's shift differential shall be determined by the shift series into which the majority of the hours of his regularly assigned shift for the scheduled shift cycle falls and without regard to the starting or ending time of the employee's shift. Temporary shift or duty assignments of less than fourteen (14) calendar days shall not entitle an employee 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 thi s Agreement. Shift differential pay shall be paid to any employee regularly assigned to a Seri es 100 or 300 shi ft and sha 11 not be prorated on account of vacation, holidays or other paid time off. -52- I Section 15. Funeral Detail I The Department shall permit one employee of this unit to be part of a funeral detail formed by the Fraternal Order of Police, Lodge No. 10, consistent with their Agreement with the City; provided, however, that the conditions provided in that Agreement whereby the Union bears responsibility for expenses of the funeral detail are enforced. Section 16. Legal Protection The City agrees to defend any member of this 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. Copies of Municipal Code 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 employees. Section 18. Standby Pay Standby, for the purpose of this Section, shall occur when the Police Chief, or his designee, places an employee on standby status and requi res that the employee provi des a telephone number at whi ch he can be reached for the purposes of a Telephone Alert situation. An employee assigned to standby will receive a flat fee of: $ 8.00 per night, Monday through Thursday. $40.00 per weekend (Friday evening to Monday morning). Only the Police Chief or his designee may place an employee on standby. This Section will only apply to Telephone Alert situations. -53- I I Section 19. Special Duty CallOut (a) All employees who are covered by this Agreement shall receive notice of any special duty detail, not less than five (5) working days prior to that event. (b) This section shall not pertain to emergencies or to unplanned or unscheduled events. (c) Employees assigned to positions other than Uniform Patrol Division Team Supervisory positions are subject to adjustments of their hours and/or days to meet the circumstances at hand. As much notice as possible will be given when adjustments are necessary but it is understood that hours must be flexible. Section 20. Equipment As the department budget permits and as training resources are available, employees shall be furnished with 9 mm weapons and PR-24 batons. Section 21. Tuition Refund Program Members of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the City's Tuition Refund Program up to an amount of $1000.00 per fi sca 1 year, sUbject to meet i ng the approva 1 and e 1 i gi bi 1 i ty requi rements of the Ci ty' s program. Employees in the bargaining unit must execute an Agreement to repay to the City any amount of Tui t i on Refund exceedi ng $650.00 rei mbursed in a fi sca 1 year period should such employee separate from the City within two (2) years of receipt of reimbursement. In the event that an employee separates from the City by retirement and opts to recei ve an extended si ck 1 eave benefit, separat i on for the purpose of repayment of tui t i on refunds sha 11 date from the employee's last actual work day and not the effective date of retirement. -54- I I ARTICLE 14 BULLETIN BOARDS, RULES AND REGULATIONS, MEMOS ANO COPYING OF AGREEMENT Section 1. The City agrees to provide space (not less than 24 inches by 24 inches) on a bulletin board located within the Pierce Street Police Station (Main) and in the Countryside Police Station for the posting of Union notices and official Union information; provided that the Police 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. The Union is expressly 'prohibited from posting any information relating to political candidates or political office. Section 2. Rules & Regulations - Memorandums (a) The designated representative of the bargaining unit shall have a copy distributed to his mail box 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 designated representative of the bargaining unit shall be furnished a copy of the agenda from the City Clerk's office of any regular City Commission meeting in the same manner that the Chief of Police is furnished a copy. Section 3. Copying of Agreement The City and the Union shall each receive a signed copy of the contract. -55- I 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: (a) The Chief or his designee shall approve the copying of any matter which shall be limited to departmental records which the Chief will not allow the F.O.P. to remove from the Department and copy using its own equipment. (b) The F.O.P. will be charged and will remit 6 cents per copy or such other rate as may hereafter be estab 1 i shed by the Ci ty as the rate charged all employees. (c) Department business will of course take priority and the F.O.P. will only be allowed to make copies when the Department is not otherwise using the copier. -56- I I ARTICLE 15 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 hereof. -57- I I ARTICLE 16 SEVERABILITY AND WAIVER Section 1. Each and every clause of this Agreement shall be deemed sepa rab 1 e from each and every other clause of th is 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 unenforceab 1 e without i mpa i ri ng the va 1 i dity 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. Secti on 2. The exerci se or the non-exerci se of the ri ghts covered by this Agreement by the City or its employees or agents or the Union shall not be deemed to waive any such right or the right to exercise them in the future. -58- I ARTICLE 17 DISCIPLINE I Section 1. No employee who has successfully completed his probation period as a Police Sergeant or Police Lieutenant shall be demoted, suspended or dismissed without just cause. Section 2. The City, the Union or the employee may use any work hi story materi a 1 as evi dence to support or oppose a suspens i on or dismissal. Section 3. Prior to a written reprimand being placed in an employee's file, the employee will have the right to confer with the Police Chief or his designee regarding the proposed reprimand. An employee will be entitled to formulate a written response to a Letter of Reprimand he receives and that response will be included in the employee's personnel file, provided, however, that any such response shall be limited to the issues within the Reprimand and must be submitted to the Police Chief within seven (7) working days of the employee's receipt of the Reprimand. -59- I I ARTICLE 18 SUBSTANCE ABUSE AND TESTING Section 1. Any employee in this bargaining unit will be sUbject to an alcohol breath test administered by a state certified operator and to a urine or blood test accomplished by an accredited testing laboratory if there is reasonable suspicion based upon observed actions or appearances on the part of the employee's immediate supervisor and the Police Chief, or his designee, that the employee is under the influence of alcohol, drugs or controlled substances while on duty. Any employee subjected to such test shall be removed from duty pending the result of such test and such employee shall continue to receive his regular pay and benefits pending test results. Section 2. When an employee tests positive (i.e., a drug or drugs is/are detected), a second test, the Gas Chromatography/Mass Spectromatry, will be run on the sample originally taken. If the second test does not detect the presence of a drug or drugs, the second test sha 11 prevail. When a urine or blood specimen for testing is obtained from an employee by an independent medical facility selected by the City, a suffi ci ent quantity of the speci men sha 11 be obtained for testing by the contract laboratory and laboratory designated by the Union or the employee. The sample shall be transmitted to the contract laboratory and to the laboratory designated by the Union or employee as soon as possible by the independent medical facility. These tests shall be made as soon as possible by the laboratories. The Union or employee shall bear the cost of its separate test. -60- I I A final test result indicating the employee is Section 3. under the influence of alcohol, illegal drugs or controlled substances (when taken without a prescription issued to the employee or without being under the care of a physician or being taken other than in complete conformance to the prescription), while on duty, will result in disciplinary action and such action will be considered as just cause. Section 4. In the event that an employee, withi n 90 days from ratification of this Agreement, requests assistance from the City for drug abuse pri or to an i nci dent wherei n reasonab 1 e suspi ci on resu 1 ts, no disciplinary action shall be taken against the employee. The employee shall be required to take remedial action. Successful completion of the rehabilitation program shall result in no disciplinary action against the employee. This applies to the first offense only. Employees may use such leave in accordance with provisions of Article 7 of this Agreement for absence from duties for inpatient admission and treatment for drug dependence. During the term of this Agreement but before an employee is involved in an incident deemed related to alcohol abuse, an employee may request assistance from the City for alcohol abuse. This employee will: (a) be referred to the City's Employee Assistance Program. (b) be required to take remedial action. Successful completion of the rehabilitation program shall result in no disciplinary actions against the employee. (c) be allowed to use sick/injury leave in accordance with Article 7 of this Agreement for absence from duties for inpatient admission and treatment for alcohol dependence. The terms of this paragraph shall not apply to an employee who has been directed to take a test to determine whether the employee is under the influence of alcohol, drugs or controlled substances while on duty. -61- I I When an employee uses a controlled substance, Section 5. whi ch has been prescri bed or admi ni stered by a physi ci an, whi ch may affect his performance of jOb duties, the employee has an absolute obligation to inform hi s supervi sor i mmedi ate 1 y upon reporting for duty. The supervi sor shall determine whether the employee shall be assigned or not. I f the employee is not assigned, he shall be sent home on sick/injury leave in accordance with Article 7 of this Agreement. Section 6. A bargaining unit member has an absolute obligation to report to his supervisor any employee, in this bargaining unit or otherwise, who is under the influence of alcohol, drugs or controlled substances while on duty and must thereafter cooperate in the investigation and any related disciplinary proceedings. Any employee who fails to do so shall be subject to disciplinary action. An- anonymous "t i p" sha 11 not discharge a bargaining unit member's obligation hereunder nor shall it be the sole basis for the imposition of testing under this Article. A bargaining unit employee who maliciously files a false report that another employee is under the influence of alcohol, drugs or controlled substances while on duty shall be subject to disciplinary action. Section 7. No bargaining unit employee may use or sell or distribute illegal drugs at any time, on or off duty, and shall be subject to immediate termination for doing so. Section 8. Records of drug/alcohol testing of bargaining unit members maintained by the City will not be filed in the official personnel file of the employee in the City's Personnel Department. -62- I I ARTICLE 19 REVIEW BOARDS The City will continue its current practice of allowing the affected employee to give a brief oral statement to an accident review board. -63- I ARTICLE 20 TRAINING I In addition to the training required by the State for certification or recertification, schools, training and career development courses which the Department determines will be made available to all bargaining unit members will be noted in the daily BOLO sheet in sufficient time for members to make application for attendance. Officers who desire to attend will complete the departmental training request form and submit it to their supervisor. The Department wi 11 se 1 ect offi cers for attendance based on the needs of the Department. -64- I I ARTICLE 21 PENSION/SOCIAL SECURITY Section 1. Employees shall participate in either the City Pension Plan or the Federal Social Security program as established by provisions of those programs. Should the City subsequently establish an alternate plan to the existing City Pension Plan which is made available to City employees in the City Pension Plan, bargaining unit members may elect to convert to the alternate plan consistent with the provisions of the conversion procedure. -65- I ARTICLE 22 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTI ES I The part i es acknowl edge and agree that duri ng the negot i at ions which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposa 1 s 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 exerci se of that ri ght and opportuni ty are set forth in thi s Agreement. Therefore, the City and the Uni on, for the 1 ife of thi s 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 thi s 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 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. -66- I I IN WITNESS~HEREOF, the parties hereto have hereunder set their hands and seals this ~ day of November, 1989. i a Garvey Mayor-Commissioner CITY OF CL~ATER, FLORIDA By: ~ -;;1 ~ Ron H. Rabun City Manager Approved as to form and correctness: Attest: . . // -- ~..-/ '-',: ,',-' .:: w ........ _ - - -, ~ ~ -- FLORIDA STATE LODGE OF THE FRATERNAL ORDER OF POLICE, LODGE 4 By: ~~ '~.{Uc/C&7Z .,~ T; t 1 e: C6.J~u/:r./ .#,;;~t' oo?)6