AGREEMENT (7)
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AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
FRATERNAL ORDER OF POLICE
LODGE NO. 10
FISCAL YEARS
1991-92
1992-93
1993-94
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TABLE OF CONTENTS
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Paee No.
PREAMBLE
ARTICLE 1 RECOGNITION......................................... 2
ARTICLE 2 REPRESENTATIVES OF PARTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
ARTICLE 3 CITY'S MANAGEMENT RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
ARTICLE 4 GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
ARTICLE 5 NO STRIKE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
ARTICLE 6 STEWARDS, CHECKOFF AND F.O.P. BUSINESS. . . . . . . . . . . . . . . . . .. 9
ARTICLE 7 NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
ARTICLE 8 WORK RULES AND PERSONNEL PRACTICES ................... 12
Section 1. Sick Leave ........................................ 12
Section 2. Military Leave ...................................... 15
Section 3. Time Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 4. Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 5. Personnel Records .................................... 18
Section 6. Residency Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 7. Tobacco Product Usage ................................. 19
Section 8. Seat Belts and Safety Gear ............................... 19
Section 9. Outside Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 10. Productivity ....................... . . . . . . . . . . . . . . . . . 19
Section 11. Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
ARTICLE 9 PREVAILING RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
ARTICLE 10 EXISTING RULES ....................................... 22
ARTICLE 11 POLICE OFFICERS' DUTIES ................................ 23
ARTICLE 12 SENIORITy............................................ 24
ARTICLE 13 PROMOTIONAL PROCEDURES .............................. 26
ARTICLE 14 DIRECT ECONOMIC PROVISIONS ............................ 28
Section 1. Holidays .......................................... 28
Section 2. Vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 3. Recall Pay ......................................... 31
Section 4. Acting in Higher Position Pay ............................. 31
Section 5. Court Attendance .................................... 31
Section 6. Physical Examinations and Inoculations ....................... 31
Section 7. Funeral Leave ...................................... 32
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ARTICLE 14 ContinuL ,
Section 8. Uniform Allowance ................................... 32
Section 9. Line-of-Duty Injury Pay ................................ 33
Section 10. Insurance ......................................... 34
Section 11. Overtime Pay ....................................... 34
Section 12. Wages ........................................... 35
Section 13. Compensatory Time Allowance ............................ 37
Section 14. Shift Differential ..................................... 37
Section 15. Funeral Detail ...................................... 37
Section 16. Legal Protection ..................................... 38
Section 17. Copies of Municipal Code ............................... 38
Section 18. Standby Pay ....................................... 38
Section 19. Special Duty Call Out ................................. 38
Section 20. Merit and Longevity Increases ............................ 39
Section 21. Equipment ........................................ 39
Section 22. Off-Duty Calls ...................................... 39
Section 23. Canine Officers ..................................... 40
ARTICLE 15 BULLETIN BOARDS, RULES AND REGULATIONS, MEMOS, AND
POSTING AND COPYING OF AGREEMENT ..................... 41
ARTICLE 16 AMENDMENTS......................................... 42
ARTICLE 17 SEVERABILITY AND WAIVER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
ARTICLE 18 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES .... 44
ARTICLE 19 DISCIPLINE ........................................... 45
ARTICLE 20 SUBSTANCE USE AND TESTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
ARTICLE 21 REVIEW BOARDS ....................................... 51
ARTICLE 22 TRAINING ............................................ 52
ARTICLE 23 DURATION, MODIFICATION AND TERMINATION ................ 53
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PREAMBLE
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This Agreement is enteted into effective this I ~ day of October, 1991, between the City of
Clearwater, Florida, hereinafter referred to as the "City" and the Florida State Lodge of the Fraternal Order
of Police, hereinafter referred to as the "Union." It is the intent and purpose of this Agreement to assure
sound and mutually beneficial working and economic relationships between the parties hereto, to provide an
orderly, peaceful and timely means of resolving any misunderstandings or differences which may arise, and
to set forth herein 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 public, and both parties hereto recognize the need for continuous and reliable service to the public. There
shall be no individual arrangement contrary to the terms herein provided.
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ARTICLE 1
RECOGNITION
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. 76-E-92-1029, dated June 24, 1976, as amended
by Case No. RC-91-001 (verification of election results and modification of bargaining unit) which
certification includes all police officers below the rank of sergeant, parking enforcement officers, and police
service technicians. It is understood by the parties that "police recruit I," "non-paid police reserves,"
"police reserves," and "police auxiliary officers," and "part-time officers" are specifically excluded from
this recognition.
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ARTICLE 2
REPRESENTATIVES OF PARTIES
Section 1. The City agrees that during the term of this Agreement it will deal only with the
authorized representatives of the Union in all matters requiring mutual consent or other official action
called for by this Agreement. The Union agrees to notify the City of the name of such authorized
representatives as of the execution of this Agreement and each replacement therefor during the term of this
Agreement. Authorized 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 at least twenty-four (24) hours in advance. Until such notice is received, the City is under
no obligation to recognize the individual as an authorized representative of the Union.
Section 2. The Union likewise agrees that during the term of this Agreement, the Union and the
employees covered hereunder shall deal only with the City Manager or his representative in matters
requiring mutual consent or other official action and specifically the Union agrees that neither the Union
nor the employees hereunder shall seek to involve the City's elected officials in the administration of this
Agreement, or otherwise in the operation of the City's Police Department. All matters relating to
grievances shall be processed only through the grievance procedure chain of command.
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ARTICLE 3
CITY'S MANAGEMENT RIGHTS
Section 1. Except as expressly limited by any provision of this Agreement, the City reserves and
retains exclusively all of its normal and inherent rights with respect to the management of its operations,
including but not limited to, its rights to determine, and from time to time redetermine, the number,
location and type of its various operations, functions and services; the methods, procedures and policies
to be employed; to discontinue the conduct of any operation, function or service, in whole or in part; to
transfer its operations, functions or services, from or to, either in whole or in part, any of its departments
or other divisions; to select and direct the working force in accordance with requirements determined by
the City; to create, modify or discontinue jobs; to establish and change working rules and regulations; to
create new job classifications; to establish and change work schedules and assignments; to transfer, promote
or demote employees; to layoff, furlough, terminate or otherwise relieve employees from work for lack
of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees;
to subcontract; to alter or vary past practices with prior notification and otherwise to take such measures
as the City may determine to be necessary to the orderly and efficient operation of its various operations,
functions and services.
Section 2. If in the discretion of the City Manager or the Mayor it is determined that civil
emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane
conditions, 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; provided, however, that any grievance arising during
suspension of this Agreement will be pursuable on termination of the declared emergency.
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ARTICLE 4
GRIEVANCE PROCEDURE
Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the
interpretation or application of the terms of this Agreement, except as exclusions are noted in other articles
of this Agreement. The grieving party must state in writing the remedy sought to resolve the grievance.
Section 2. All grievances filed shall refer to the specific 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, including a request for Union representation if desired at each
step. No grievance form may be amended from the original written grievance at the initial step of the
Grievance Procedure. Grievances shall be processed in accordance with the following procedure and shall
be determined by application of the terms of this Agreement, the laws of the United States, the State of
Florida, and the Charter and Ordinances of the City of Clearwater. Where the term "working days" is
used in this Article it shall refer to Monday through Friday. Saturdays, Sundays and days designated as
holidays are excluded. Probationary employees, including Police Recruit II's and Police Officers, shall
not have access to the Grievance Procedure for any matter of discipline (including discharge), assignments,
scheduling or access to training opportunities. Any grievance by a permanent employee relating to
suspension or dismissal shall be initiated at Step 3.
On behalf of employees covered by this Agreement, the Union hereby waives any right of these
employees to resort to the Civil Service Board concerning any matter defined in this Agreement. This shall
specifically include grievances relating to suspensions, demotions and dismissals.
Grievances may be filed and processed by the Union, except grievances of discipline which must
be initiated by the disciplined employee.
As used in this Article, the term "employee" may also mean a group of employees having the same
grievance. In such event, one employee shall be designated by the group of employees to act as a
spokesperson and shall be responsible for processing the grievance. All employees in the group shall be
identified, however, only the spokesperson needs sign the grievance.
STEP 1
The aggrieved employee shall present his grievance in writing to his immediate supervisor within
ten (10) working days after the employee has knowledge or constructive knowledge of the occurrence of
the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences
in the simplest and most direct manner. The immediate supervisor shall review the grievance and submit
a decision in writing to the aggrieved employee within ten (10) working days from the date the grievance
was presented to him. Where the supervisor 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 settled in the first step, the aggrieved employee within ten (10) working days
of the date of the answer in the first step, shall present it to the Division Head or his designee. The
grievance shall refer to the specific section of the Agreement upon which the grievance is based and shall
contain a concise statement of the facts. The grievant will not be entitled to modify or add to the specific
sections alleged in his written grievance. The Division Head or his designee shall obtain the facts
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concerning the alleged grievanJ and shall, within ten (10) working dts of receipt of the written
grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this
meeting by an F.O.P. representative. The Division Head shall notify the aggrieved employee of his
decision in writing not later than ten (10) working days following the meeting day.
STEP 3
If the grievance is not settled at the second step, the aggrieved employee shall, within ten (10)
working days of the date of notification from the Division Head or his designee, present the written
grievance to the Chief of Police or his designee. The Chief of Police or his designee shall obtain the facts
concerning the alleged grievance and shall, within ten (10) working days following receipt of the written
grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this
meeting by an F.O.P. representative. The Chief of Police or his designee shall notify the aggrieved
employee of his decision in writing not later than ten (10) working days following the meeting day.
STEP 4
If still unresolved, the grievance and all responses may be submitted to the City Manager or his
designee within ten (10) working days of the time the response was due in Step 3. At the request of the
employee, the City Manager or his designee shall meet with the employee. The City may determine who
shall meet with the employee. Within ten (10) working days, the City Manager or his designee shall notify
the employee, in writing, of his decision. If a grievance is not submitted to the City Manager, it shall be
deemed to have been resolved at Step 3 to the employee's satisfaction.
Section 3. In the event that the grievance is still unresolved, the matter shall be submitted to final
and binding arbitration as provided in this Section.
(a) Within ten (10) working days of the decision of the City Manager, the aggrieved party shall
notify the City Manager of its intent to arbitrate. Concurrently, said party shall request from the Federal
Mediation and Conciliation Service a list of five (5) names of 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 filing the grievance shall strike the first name, then the other party shall
strike a name. The process shall then be repeated and the remaining name shall be the arbitrator selected
and notified of his selection as arbitrator. As promptly as can be arranged, the arbitration hearing shall
be held. Each party shall pay its own expense for its representative, counsel and witnesses. The fees of
the arbitrator and other expenses of arbitration, including the appearance fee of a court reporter, shall be
shared equally by the City and the aggrieved party. The decision of the arbitrator shall be final and
binding on both parties, except that either party may petition for review in the circuit court. The arbitrator
shall have no power to amend, add to or subtract from the terms of this Agreement, and if the City has
denied the grievance on the basis that it was not timely filed at Step 2 of the grievance procedure for
individual grievances or at Step 3 for grievances which bypass the first two steps, and further if the
arbitrator finds that the grievance is not timely filed, then the arbitrator shall have no power to grant relief.
(b) Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority
of this Agreement shall be furnished to both parties within thirty (30) days from the date of the hearing.
(c) The arbitrator shall arbitrate solely the issue presented.
(d) Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based on the
original written grievance submitted in the grievance procedure.
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Section 4. Formal Proclsing of Grievance Initiated By City I
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 grievance cannot be resolved by discussion between the City and the unit representative
on an informal basis, the grievance may be formally filed in writing by the City Manager or his designee
by giving written notice to the business agent of the Union. Such notice shall indicate the provisions of
the Agreement which the City contends is not properly being carried out by the Union. If not resolved
within ten (10) working days following receipt by the Union of the written grievance, the City may submit
the grievance to arbitration under the provisions of Section 3 of this Article.
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ARTICLE 5
NO STRIKE
Section 1. The Union agrees that during the term of this Agreement it shall not authorize,
instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, work stoppage or any
other act of like or similar nature likely to interfere with the efficient operation of the City's affairs
engaged in or supported by members of the Union and/or employees represented by the Union or other
agents or representatives of the Union or its affiliates.
Section 2. Should the Union or its member employees covered hereunder within the City's Police
Department breach this Article, then the City may proceed to the appropriate court and, without notice,
obtain a temporary restraining order against such breach.
Section 3. Should any member of the bargaining unit participate in a strike 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.
Section 4. The parties specifically incorporate herein the provisions of Florida Statutes 447.505,
447.507, and 447.509.
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ARTICLE 6
STEW ARDS
CHECKOFF AND F .O.P. BUSINESS
Section 1. Dues
(a) During the terms of this Agreement the City agrees to deduct dues owed by the employee to
the F.O.P. on a biweekly basis, provided, that prior to such deduction the F.O.P. has provided the City
with a signed statement from each employee whose dues are to be deducted that such deduction is
authorized, provided further that such authorization is in a form satisfactory to the City. Any authorization
for dues deduction may be cancelled by the employee upon thirty (30) days' written notice to the City or
to the City and the F.O.P. and shall also be discontinued in the event the employee is terminated or is
transferred, promoted or otherwise moved out of the bargaining unit.
(b) Whenever the starting base pay of a member of the F.O.P. is increased by pay raise or pay
adjustment, the City upon notification from the F.O.P. as to the amount, shall raise the dues deduction
according to the established amount provided in the F.O.P. bylaws.
(c) This Agreement applies only to the deduction of basic membership dues and uniform
assessments and shall not apply to the collection of any fines, penalties or special assessments.
(d) 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 dues and special assessments, it will be the responsibility
of the Union to collect its dues for that pay period from the employee.
Section 2. Stewards
(a) The stewards of the F.O.P. shall consist of the elected officers of the lodge provided, however,
that all stewards must be active, current sworn employees or retired sworn employees of the Clearwater
Police Department. The F.O.P. will submit a list of the elected officers to the Chief of Police.
(b) Any steward who feels unqualified to represent a member on any matter will be permitted to
contact the F.O.P. President or another steward for representation.
(c) A steward shall not investigate or otherwise handle grievances during working hours without
the expressed consent of the commander on duty. A steward shall not investigate his own grievance or
otherwise represent himself.
(d) No employee, while on duty, shall meet and discuss any issue with a steward without first
receiving approval from the appropriate Police Captain.
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 dues deduction. The Union shall promptly refund to the City any funds received in
accordance with this Agreement which are in excess of the amount Of basic and uniform membership dues
which the City has agreed to deduct.
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Section 4. The F.D.P. shall be allowed up to twenty-five (25) working days (of 8 hours each) of
time off with pay per year for the purpose of attending official F.D.P. functions, meetings or conferences.
Requests for use of this time shall be made in advance in writing by one of the elected officers of the
Lodge to the affected Division Commander via the chain 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 operation of the department will not be interfered with or impaired.
Any portion of the twenty-five (25) days time not used in an annual period, which shall be defined as a
contract year, beginning with ratification shall be forfeited and shall not be carried forward into the next
annual period.
Section 5. The F.D.P. may designate a Civil Service Liaison officer who shall on request be
relieved from duty with no loss in pay for the purpose of attending Civil Service Board Meetings, unless
the efficiency of operations of the Department will be interfered with or impaired in the sole and unlimited
discretion of the Chief of Police or his designee.
Section 6. The President of the F.D.P. shall, on request, be relieved from duty with no loss in
pay to attend the regular monthly meeting of the F.D.P. providing operations will not be interfered with.
Section 7. The President of the F. D. P. or his designated delegate shall be provided a copy of the
agenda in advance of every regular City Commission meeting. If an item appearing on the agenda directly
affects members of the bargaining unit, the F.D.P. President or his designated representative may petition
the Police Chief to be relieved from duty with no loss of pay to attend the meeting. Permission will not
be unreasonably withheld.
Section 8. The Secretary, Treasurer, State Trustee or one designee will be permitted to attend the
regular monthly meetings of the Lodge if they are working; however they will be subject to call.
Section 9. The City shall grant the F.D.P. time off without pay on request. Requests for use of
this time shall be made to the affected Division Commander via the chain of command and subsequently
approved by the Chief of Police or his designee. The Department will grant such time off provided that
in the opinion of the Department operations will not be interfered with.
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ARTICLE 7
NO DISCRIMINATION
Section 1. The City opposes any form of employment discrimination which is made unlawful under
applicable State and Federal law . Any claim of discrimination by an employee against the City, its officers
or representatives, shall not be grievable or arbitrable under the provisions of Article 4 - Grievance
Procedure, but shall be subject only to the method of review prescribed by law.
Section 2. The Union and the City shall not interfere with the right of employees covered by this
Agreement to become or to refrain from becoming members of the Union, and neither the City nor the
Union shall unlawfully discriminate against any such employee because of membership or non-membership
in any employee organization.
Section 3. All 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.
Section 4. 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 any regulations, the City may submit such policies and/or programs to the Union for
their review and consideration for endorsement. If the Union determines not to endorse the policy and/or
program, it shall advise the City of its reservations which have precluded it from endorsement.
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(f) Sick leave is not a privilege 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 personal sickness prevention
measures, the scheduling of which 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 regular biweekly schedule. 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 an on-duty supervisor
or the desk officer 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 leave. This
address and phone number will be updated whenever the address or phone number changes during the
period of sick leave. Failure to do so may be the cause for denial of sick 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 leave has been exhausted, he may, upon written request and
the approval of his immediate supervisor, Department Director, and City Manager, and when substantiated
by a statement from competent medical authority substantiating the continuance of such illness or
incapacity, request a sick leave advance up to but not exceeding the amount of accumulated unused sick
leave which the employee had to his credit at the time such current illness or physical incapacity began.
The Personnel Director shall be immediately notified in writing of any such advance which shall be charged
against the employee's sick leave account thereby creating an overdraft position. Such overdraft shall have
the status of a loan by the City to the employee and shall be repaid:
(1) By the subsequent accumulation of sick leave in the amount necessary to retire such loan, or
(2) By repayment to the City of such portion of the salary previously paid to the employee under
the foregoing provisions as might be necessary to retire such loan.
The employee shall not be entitled to use any additional sick leave until the loan has been repaid
and in the event of his 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 leave while being paid with borrowed
sick leave.
(i) Upon separation from the City service, an employee shall be paid for one-half (1/2) of his
accumulated unused sick leave, provided:
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(1) That the rate of payJent shall be based on the regular biweekl 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 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 base salary,
(excluding shift differential or any other addition to base pay), of the employee (including longevity) at the
beginning of his leave of absence or the date the resignation was effective, and
(2) That at the time of separation, the employee has had at least five (5) years of continuous
service with the City. Leaves of absence without pay, suspensions and layoffs followed by subsequent
re-employment 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 friends or reasons of like character. If the separation is the result of the death of the employee, his
estate shall receive payment. An employee who has been dismissed for cause shall have no claim for sick
leave payment. Notwithstanding the foregoing provisions of this paragraph, an employee who may
otherwise be eligible for retirement under the City Employees' Pension Plan or Federal Social Security,
or who may be approaching such eligibility date, and whose purpose in leaving is to retire under either
program, may utilize one-half (112) of his accumulated unused sick leave to the extent thereof to advance
his retirement date. In that event the employee shall execute a resignation to become effective on the date
that such accumulated unused sick leave would be exhausted. Such resignation shall be irrevocable and
retirement shall begin at the time such resignation becomes effective. In the interim, payment for
accumulated unused sick 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. Accumulated unused sick leave will be charged as outlined in paragraph (1) of this
subsection.
(4) Employees hired prior to October 1, 1990, and 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 leave towards early retirement; or receive a
lump sum payment for one-half accumulated unused sick leave, or split their accumulated unused sick time
at one-quarter pay and one-quarter early retirement time. Employees hired on October 1, 1990, or
thereafter and who subsequently retire and who meet eligibility requirements shall receive a lump sum
payment for one-half of their accumulated unused sick leave and shall not have an option to utilize any
portion of accumulated unused sick leave to advance their retirement.
(5) Any sick leave taken after the effective date of this Agreement as the result of a line-of-duty
injury shall be added back to the employees unused accumulated sick time at the time of retirement.
However, when an employee retires on disability, the sick leave used for that disability shall not be added
back.
G) An employee may not utilize his accumulated sick leave reserve for absences resulting from
an injury arising out of and in the course of employment, other than City employment, for which monetary
or other valuable consideration is received or expected. Any employee who utilizes accumulated sick
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leave, or who attempts to utilize lcumulated sick leave, for absences reSUI~ng from an injury arising out
of and in the course of employment, other than City employment, may be suspended or terminated.
(k) Except in the cases of injury incurred in the line of duty employees shall not be entitled to use
sick leave until the completion of six (6) calendar months of continuous service following the date of
original appointment.
(1) The employee shall be required to submit evidence in the form of a medical certificate, of the
adequacy of the reasons for his absence during the period of time for which sick 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.
(3) When an employee's illness or injury is of a long-term nature, the employee shall be required
to submit an updated medical report from his physician every 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. The medical report must be from a
medical doctor.
(m) Sick Leave Incentive Program.
In any full calendar year period that a bargaining unit employee uses no sick leave, the employee
will be allowed to convert two (2) days of sick leave accrual to two (2) floating personal business days for
use in the next calendar year.
In any full calendar year period that a bargaining unit employee uses between one (1) hour and
sixteen (16) hours of sick leave, the employee will be allowed to convert one (1) day of sick leave to one
(1) personal business day for use in the next calendar year. For purposes of conversion, eight (8) hours
shall be deemed as being equivalent to one day. The personal business day shall, however, be taken as
an eight-hour day or as a ten-hour day, depending upon the daily schedule of the employee at the time of
use of the personal business day.
Section 2. Military Leave
Any regular or probationary employee in the classified service being inducted or otherwise entering
the armed forces of the United States in time of war, or pursuant to the Selective Service Act of 1948, as
amended, or of any other law of the United States, shall be granted military leave of absence without pay
for the period of the military service required of him and on completion thereof, be reinstated in the City
service in accordance with the following regulations:
(a) Military leaves shall be granted in accordance with the provisions herein except where said
provisions may be superseded by Federal Law:
(1) For inductees, the minimum period of time required to be served;
(2) For enlistees in time of war, the period of the first minimum enlistment, or for such
additional period of time required to be served;
(3) For reservists, the minimum period of time required to be served.
15
(b)' For the purposes of tis Section, "armed forces" shall be definL to include:
(1) The Army, Navy, Marine Corps, Air Force and Coast Guard.
(2) The auxiliary services 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 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, the employee shall be reinstated in the City service in
accordance with the following regulations:
(1) If still qualified to perform duties of his former position, be restored to position or to a
position of like seniority, status and pay; or
(2) If not qualified to perform the duties of his former position by reason of disability sustained
during such service but qualified to perform the duties of any other position in the employ of the City, be
restored to such other position, the duties of which he is qualified to perform, as will provide him with like
seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his case.
(3) In the event there be no vacancy in the appropriate class and there be an employee or
employees in such class serving a probationary period who has not acquired regular status, then such
probationary employee shall be laid off and the returning employee reinstated.
(4) If a returning employee has regular status and cannot be reinstated under the provisions of
paragraph (3) above, then the employee having been employed in the appropriate class for the shortest
period of time shall be laid off and the returning employee reinstated.
(5) A returning employee shall have the same status as he had prior to the beginning of his
military leave. He shall be allowed to take any subsequently administered examination for promotion after
his return that he would have been eligible to take had he not been on military leave and shall be required
to complete any uncompleted period of probation. No grievance shall be filed or processed by any other
employee or the Union in connection with this paragraph.
(6) He shall submit to such medical and/or physical examinations as the City Manager shall
deem necessary to determine whether or not such military service has in any way incapacitated him for the
work in question; provided, however that as far as practicable, any employee returning with disabilities
shall be placed in such employment as the City Manager shall deem suitable under the circumstances.
(7) Any regular or probationary employee receiving a dishonorable discharge from the armed
forces shall not be reinstated to any position in the City service.
(e) An employee granted a military leave of absence shall, insofar as possible, have all the rights
and privileges he would have had if he had remained on duty, including cumulative seniority and, except
as otherwise provided in these Rules and Regulations, all other benefits dependent on length of employment
to the same extent as if he had not been absent on such leave.
16
(f) An employee returnil from military service shall be reinstatel to active City service at the
earliest possible date following application for such reinstatement, consistent with the best interests of the
City service and taking into consideration necessary adjustments of staff. In no event, however, shall this
period be more than thirty (30) calendar days. The City shall have the right, as part of the employee's
duties upon returning to work, to assign the employee to such training as is necessary in its judgment to
ensure the employee's familiarity 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:
(a) For participation in Police promotional examinations held by the City or other examinations
required by the City when such time off does not, in the judgment of the Police Chief, interfere with or
impair the operations of the Department:
(b) For serving on a Jury. The employee may be required to furnish proof of such service and
shall work any part of his regular schedule when not required to serve on said jury .
(c) For pre-induction physical examination when so ordered by a Selective Service Board. Time
off shall be granted for minimum period necessary to comply with such order but shall, in no case, exceed
two (2) regularly scheduled work days.
(d) For required active or inactive training duty as a member of a 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. Absences from duty for
required military reserve training in excess of seventeen (17) days work per year or for any non-required
military reserve training for which the employee initially volunteered shall not be compensated for 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 receipt 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 without pay. The employee shall be
required to provide timely notice of such training assignments to the City. Failure to provide timely notice
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, or meetings.
(f) When directed by the City Manager or Police Chief to attend in-service training or other
in-service meetings, including authorized safety meetings.
An employee may be granted time off without compensation for attendance at meetings other than
those specified in Subsections (a) through (f) 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 Police Chief
to make arrangements therefor, and further provided, that such time off will not affect the efficient
operation of the department in the sole and unlimited discretion of the Police Chief or his designee.
With the prior approval of the Police Chief or his designee, and when the employee is acting in
an official capacity on behalf 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,
17
~f employees or their wives or hJbands, or military or fraternal funerals. lUCh 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 leave of absence without pay
upon the prior approval of the City Manager for any of the following reasons:
(a) Because of the physical or mental disability of the employee;
(b) Because the employee has announced his candidacy for public office;
(c) Because the employee is entering upon a course of training or study for the purpose of
improving the quality of his service to the City and/or of fitting himself for promotion in the classified
service.
(d) Because of extraordinary reasons, sufficient in the opinion of the City Manager to warrant such
leave of absence.
(e) Maternity/child care leave to enable a parent to care for a newborn, newly adopted or seriously
ill child, provided, however, that if both parents are employees of the City, only one parent at a time may
take maternity/child care leave. An employee may request to utilize vacation, holiday, and comp time to
continue pay status.
Leave for any of the above reasons shall be subject to the following regulations:
(a) Such leave shall not be granted for more than six (6) months but may under the provisions of
paragraphs above be renewed upon written application therefor by the employee and approved by the City
Manager.
(b) An employee granted a leave of absence hereunder shall, except as hereinafter provided, be
restored to his former position on the expiration of the leave, or, if requested in writing by the employee
and approved by the City Manager, before the expiration thereof.
(c) In the event that it is determined by the City Manager that it would not be in the best interest
of the City to restore such employee to his former position or in the event that his former position has been
abolished in the meantime, he shall be placed at the head of the re-employment list for the class or position
nearest approximating that in which he was employed immediately prior to such leave, provided he is
physically and mentally qualified for such position. Should the names of two or more employees returning
from leave be placed on the same re-employment list, the names shall be arranged in order of seniority.
Time off with compensation taken under any of the provisions of this Agreement (including vacation
and sick leave) shall not be required to be made up.
Section 5. Personnel Records
It shall be the right of any member of the bargaining unit, at reasonable times, to inspect his
personnel file and, at his expense, to make copies of his personnel 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 will not be furnished.
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Section 6. Residency RJ.uirements
I
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.
Police Service Technicians hired on or after October 1, 1991, shall also be required to establish and
maintain their bona-fide, permanent residence within the geographical boundaries of Pinellas County.
Violation of this provision shall be just cause for discipline.
Section 7. Tobacco Product Usage
Employees in the bargaining unit hired on or after December 15, 1986, are prohibited from
smoking or chewing any form of tobacco product, both on or off the job, during their employment with
the City. Police Service Technicians hired on or after October 1, 1991, are prohibited from smoking or
chewing any form of tobacco product, both on or off the job, during their employment with the City.
Violation of this provision shall be grounds for discipline.
Section 8. Seat Belts and Safety Gear
All employees are required to wear seat belts when driving or riding as a passenger in City vehicles
or in a personal vehicle on City business, except in cases of operational necessity or when a City car does
not have available seat belts. They are further responsible for attempting to secure compliance with the
required use of seat belts by all other occupants in any vehicle they are driving (City or personal) when
on City business. Whenever the employee is furnished with City safety gear, he shall wear it whenever
he is on duty. 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, when required, on duty.
Section 9. Outside Employment
Outside employment of bargaining unit members shall be subject to provisions of the City's Civil
Service Rules & Regulations and the Departmental Rules and Regulations governing outside employment,
provided further, however, that police-related outside employment shall be limited to a maximum of 20
hours per week. During periods of unusual seasonal 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 efficient and effective manner. The Union acknowledges, 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 public services or to reduce the cost of providing such
services; and that it may take such other actions as it deems appropriate to improve productivity.
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Section 11. prObational Periods
I
(a) Parking Enforcement Officers, Police Service Technicians, and Police Recruit lIs shall serve
a probationary period not to exceed six (6) consecutive calendar months during which time the Department
shall observe and review the employee's job performance, attendance, attitude and adherence to
Departmental and City requirements.
If during the probationary period, or at the end of such period, the Department determines that the
employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said
employee may be separated by the City. In such event, the City shall present to the employee reasons for
such separation. An employee who is separated during, or at the expiration of the probationary period,
shall have no right to a grievance under this contract.
In the event that the employee was previously a certified City employee who was promoted, said
employee shall be returned to his former position and shall not be separated for failure to successfully
complete the probationary period; provided, however, that if such employee has committed a serious
infraction which warrants dismissal, then the employee shall be dismissed and not returned to his former
position.
(b) Police Officers, from the date of promotion or appointment to the classification of "Police
Officer," shall serve a probationary period of one year during which time the Department shall observe
and review the employee's job performance, attendance, attitude, and adherence to Departmental and City
requirements.
If, during the probationary period or at the end of such period, the Department determines that the
employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said
employee may be separated by the City. In such event, the City shall present to the employee reasons for
such separation. An employee who is separated during or at the expiration of the probationary period shall
have no right to a grievance under this contract.
A City employee who has been certified under Civil Service rules and who is promoted to Police
Officer and who subsequently fails to satisfactorily complete the probationary period as a Police Officer
may request to be returned to the former non-police City position which the employee previously held as
a certified employee. Subject to approval of such request by the City Manager, the employee shall be
returned to such former position in accordance with civil service and personnel rules or contract provisions
relevant to the bargaining unit, if any, of such job classification.
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I
ARTICLE 9
PREVAILING RIGHTS
I
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.
21
I
ARTICLE 10
EXISTING RULES
I
Section 1. A Police Department rule, regulation, policy or procedure now in existence in conflict
with this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be
compatible with this Agreement.
Section 2. Employees shall be required to observe and comply with all current and future written
rules and regulations as set forth in Departmental procedures and such special and general orders and other
written communications, except those which are in conflict with this Agreement.
Section 3. No disciplinary action shall be taken for violation of a newly established or amended
rule or regulation until such rule or regulation has been posted for at least forty-eight (48) hours.
Section 4. The President of the F.O.P. shall be forwarded a copy of any written departmental
memorandum, rule, regulation, general or special 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.
22
#
I
ARTICLE 11
POLICE OFFICERS' DUTIES
I
Section 1. The Union agrees that the duties of Police Officers covered by this Agreement involve
the performance of general police duties. The City agrees that members of the bargaining unit shall not
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 members of the bargaining unit shall not be required to change
automobile tires, except in emergencies; nor shall they be required to manually push disabled 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. Supervisors will be provided a noose for
use by Police Officers in moving dead animals.
23
I
ARTICLE 12
SENIORITY
I
Section 1. Seniority for purpose of vacation accrual shall 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. Employees in their initial probationary
period shall not accrue seniority.
After successful completion of the police officer's initial probationary period, seniority will revert
to date of employment on a full-time basis as a police recruit and shall be called police officer bargaining
unit seniority.
After successful completion of the parking enforcement officer's and police service technician's
initial probationary period, seniority will revert to date of employment on a full-time basis as a parking
enforcement officer or as a police service technician respectively. Such seniority shall be called parking
enforcement officer or police service technician bargaining unit seniority. Bargaining unit seniority within
each of the aforementioned bargaining unit seniority groups shall be utilized within the respective groups
to determine vacation and floating holiday selection and as a factor should layoffs be required.
Notwithstanding the above, the Department shall have the right to temporarily assign police service
technicians to work on a shift not consistent with their shift selection where the employee has had specific
cross-training and a need for temporary fill-in work in another job area is required (e.g. court liaison).
Section 2. No new employees shall be hired in a job classification within the bargaining unit until
all employees on layoff in that job classification have been given an opportunity to return to work at their
original seniority date and positions; provided, that after one (1) year of layoff the employee shall cease
to accrue seniority, and that such re-employment rights shall cease after two (2) years from date of the
layoff.
Section 3. Officers shall be permitted to bid shift assignments by bargaining unit seniority, but the
Department reserves the right to ensure that officers with specialized skills or officers in any phase of the
FTO program, including senior officers transferred from another Division requiring retraining are
appropriately deployed among the shifts, and to ensure that officers with less than two years departmental
seniority are distributed relatively evenly among the shifts.
Section 4. 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 thirty (30) calendar days after being notified to
return by certified mail addressed to his last address filed with the Personnel Department except as
provided in Section 6 of this Article;
e. has been on layoff for a period of two (2) years;
24
f. is absent from work' including the failure to return from live 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
and which are acceptable to the City.
Section 5. If an employee who has already completed his initial probationary period in a
satisfactory manner is transferred, demoted or promoted within the City to a position not included in the
bargaining unit covered by this Agreement and is thereafter transferred, demoted or promoted again to a
position in the same job classification as the job he previously held, he shall not be deemed to have
accumulated bargaining unit seniority while working the position not within the bargaining unit.
Section 6. Recall from layoff will be made by certified letter to the last address in the employee's
record in the Personnel Department. The employee must, within seven (7) days of the certified receipt
date, notify in writing the Personnel Director and the Police Chief of his intention of returning to work.
Return to work must occur within thirty (30) days of the certified receipt date of the City's notice of recall,
except as hereinafter provided. An employee, when offered recall, who is temporarily unable to accept
due to personal or medical reasons after notifying the Department of his intention of returning may, in the
sole discretion of the City, be granted, if necessary, up to sixty (60) days leave of absence without pay,
but without loss of seniority rights, to return to employment. The employee must request such leave of
absence and provide the specific reasons therefor.
Section 7. Employees who decline recall, or who, in the absence of extenuating circumstances
acceptable to the City, fail to respond as directed within the time limit allowed, shall be presumed to have
resigned and their name shall be removed from the re-employment list.
Section 8. Employees who are recalled may be required to pass the City's standard physical
examination for their particular job classification before returning to work. If unable to pass said
examination, the employee shall not be permitted to return to work. Such employee shall be returned to
the re-employment list until able to pass the examination or until expiration of the eligibility period of the
list as provided above.
Section 9. Employees who are required to have specific certifications (e.g., State of Florida
certification as police officer) or to possess designated licenses (e.g., driver's license) in order to perform
their jobs must present evidence of such certifications and licenses as a condition of their re-employment
and failure to do so shall be cause for denial of their return to work.
25
~
I ARTICLE 13
PROMOTIONAL PROCEDURES
I
Section 1. All police officers shall be eligible to compete in the promotional exam for the position
of Police Sergeant, provided they have satisfied the minimum qualifications as established by the City
Manager.
Section 2. Promotional exams shall be announced and scheduled at least 60 days prior to the actual
test date.
Section 3. Members of the bargaining unit shall notify the Personnel Department at least 14 days
prior to the test date of their desire to be a participant.
Section 4. Following the administration of any written exam or written portion of exam which may
be given, each member of the bargaining unit who took said written exam or written portion thereof will
have a 14-day period within which to review the master questions and answer key. Before expiration of
the 14 day period, any examinee who wishes to challenge any answer must do so in writing to the
Personnel Director specifying the basis for the challenge. The City will have 14 days within which to
consider the challenge and to promulgate a final answer key applicable to all examinees.
Section 5. Within 14 days following promulgation of the final answer key, grades relating to any
written exam or written portion of any exam shall be posted.
Section 6. Within 14 days after the grading of the full test has been completed, a promotional list
will be published.
Section 7. Establishment of Promotional Lists for Police Sergeant
The names of all persons who may be lawfully appointed as and who shall have attained a passing
grade on the promotional examination for Police Sergeant shall be placed on the appropriate promotional
list in the order of their final grade without regard to time of tests. The names of two or more eligibles
having the same final grade shall be placed on the list by arranging the names in order of seniority as a
Police Officer. In the event that grades and seniority are identical, names shall be listed alphabetically.
Section 8. Duration of Lists
The promotional eligible list for Police Sergeant, shall be established for the term and period of
two (2) years from the date of the examination which established such eligibility. The City shall not be
required to administer an examination or otherwise prepare a promotional eligibility list for Police Sergeant
solely because there is not an available list, unless there is a current opening; exams may be scheduled
when a list is deemed inadequate by the City in its sole and unlimited discretion.
Section 9. Removal of Names from Lists
Names of eligibles for Police Sergeant shall be removed from appropriate eligible list by operation
of any of the following:
(a) Appointment through certification from such list to fill a permanent position of Police Sergeant.
26
.. (b) Written statement by le eligible that he is not willing to acceptlpPointment. Such statement
may be restricted to a limited period of time if based on reasons satisfactory to the Personnel Director.
(c) Declination of appointment when appointment is offered by the Police Chief or City Manager.
(d) Separation from the City service of an employee on a promotional list.
(e) Disability that prevents the eligible from performing satisfactorily the duties of the position.
(f) Removal from the employment area designated by the City when such residence was required
as a condition of appointment.
(g) Determination by the Personnel Director that the eligible has been found to lack any of the
established qualifications for the position of Police Sergeant.
(h) Expiration of the life of the list.
Section 10. Removal of Names from Lists
Names of eligibles on the Police Sergeant Eligible List may be removed from the list if the City
deems that the eligible willfully or knowingly gave wrong information, withheld information, or evaded
in responses relating to his employment background, training, education, or character.
Section 11. The written portion of the examination for Police Sergeants will be given to examinees
on the same day; however, more than one administration may be given on the same day. Any examinee
who divulges to any other person information relating to questions and/or materials contained in the test
will be subject to disqualification from the Eligible List for Police Sergeant and to discipline.
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...
I
ARTICLE 14
DIRECT ECONOMIC PROVISIONS
I
Section 1. Holidays
(a) There shall be ten(lO) paid holidays. They shall be celebrated on the specific dates given.
They shall be:
New Year's Day
Martin Luther King Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Christmas Day
Employee's Birthday
January 1
January _ (as designated)
February 22
May 27
July 4
1st Monday in September
November 11
4th Thursday in November
December 25
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 schedule employees will observe on the holidays. This
applies to all bargaining unit employees.
(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 leave, the employee shall receive holiday pay at his straight time rate and shall
not be charged sick leave pay for that day. In the event the employee is on sick leave without pay, or any
other form of time off without pay, the employee shall not be paid for the holiday.
(d) Employees who work eight (8) hours or more on Christmas Day, New Year's Day,
Independence Day, and Thanksgiving Day shall be paid at a rate of 2-112 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.
(t) In addition to the designated holidays above, employees shall be entitled to up to three (3)
floating holidays as herein provided. Neither the holidays listed in paragraph (a) above, nor any day for
which an employee is not scheduled to work, may be selected as a floating holiday.
Floating holidays shall be subject to the following requirements and conditions:
(1) No employee may utilize floating holidays until thirty (30) calendar days after his employment.
(2) Any person employed between October 1 and December 31 shall receive three (3) floating
holidays to be utilized during the Fiscal Year of hire; any persons employed between January 1 and March
31 shall receive two (2) floating holidays to be utilized during the Fiscal Year of hire; any persons hired
between April 1 and June 30 shall receive one (1) floating holiday to be utilized during the Fiscal Year of
hire. Persons employed on or after July 1st shall not be eligible for any floating holidays during the Fiscal
Year of their hire.
28
~fter the year of hire, emp!oyJ shall receive three (3) floating holidays Lh calendar year.
(3) Floating holidays may not be carried over from one Fiscal Year to another and, if not taken,
are forfeited except as provided in paragraph (4) below.
(4) An employee may elect to take one or more floating holidays for which he is eligible (and has
not taken or scheduled) as a cash stipend by notifying the Department in writing between August 1 st and
September 1st of the Fiscal Year. Any floaters not taken or requested for payment shall be forfeited.
(5) Floating holidays are scheduled at the mutual convenience of the employee and the Department.
Section 2. Vacations
(a) Every full-time employee who is compensated on a salaried or hourly-rated basis shall be
entitled to an annual vacation leave with pay at his regular salary or hourly rate in accordance with the
provisions hereinafter set forth.
(b) The vacation year shall be a calendar year and, except as 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
Personnel Director vacation leaves may not be anticipated but shall be taken as herein provided.
(c) A full-time permanent employee shall be deemed to have earned and be eligible for his first
vacation on the first anniversary date of his employment, provided that such first anniversary date falls on
or before the thirtieth day of September in that calendar year. In the event that such employee's first
anniversary date falls after September 30th in that calendar year, the provisions of paragraph (d) hereunder
will apply. The provisions of this paragraph contemplate continuous service as hereinafter defined.
(d) Thereafter, and during his continuous service as hereinafter defined, such employee shall
become eligible for a vacation on the first day of each succeeding calendar year.
(e) For the purposes of this Section, continuous service shall mean employment by the City in a
position in the classified service without interruption or break as defined by the provisions of Section 3 of
Rule 10, Civil Service Rules.
(f) Compensatory time off may, with approval of the Police Chief, be taken in conjunction with
a regular vacation.
(g) With the prior approval of the Police Chief, an employee's vacation leave may be accumulated
up to but not exceeding the number of days that can be accumulated by the employee in two years, except
that compensatory time off if taken in conjunction with an accumulated vacation, shall not be included in
such limitation. For the purposes of this Section, an unused vacation leave, or any portion thereof, shall
be deemed to have been accrued at the end of the calendar year in which the employee was eligible to take
such vacation. Accumulated vacation therefore, shall be defined as a combination of accrued and current
vacation leave.
(h) Upon the granting of a military leave of absence (for that leave described in Article 8, 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 returning to the City service from a military leave shall
29
be deemed to have earned a vacatLn in the calendar year in which they retul to said City service and shall
be eligible for such vacation on the first day of the next succeeding calendar year.
(i) An employee absent under the sick leave provisions of this Agreement shall, to that extent, be
considered as having been continuously employed for the purpose of earning a vacation. This provision
shall be deemed to include any period of absence to the extent of which the employee, because of an injury
incurred in the City service, receives income under the Workers' Compensation Act.
(j) The City agrees to continue the current vacation schedule for the duration of this Agreement:
Years of Service
1 - 2
3
4
5
6
7
8 - 10
11
12
13- 15
16 & over
Vacation Hours
80
88
96
104
112
120
128
136
144
152
160
(k) An employee may petition the Chief of Police or his designee, for permission to split his
vacation time. Such permission will be granted if, in the sole discretion of the Chief, such an arrangement
would not be detrimental to the administration of the department.
(I) In the event that a death in the family occurs while the employee is on vacation, the employee
shall be entitled to Funeral Leave under that Section of this Article; provided the employee notifies the
Department of such death prior to the end of his vacation. Time charged to Funeral Leave shall not be
charged against the employee's vacation time. In the event that the employee cannot notify the Department
of the death prior to the end of his vacation, due to circumstances beyond his control, the employee must
notify the Department of the death at his earliest opportunity.
(m) Where an illness of three (3) or more days occurs during a vacation, an employee may charge
this time to sick leave, and such time charged to sick leave shall not be charged against the employee's
accrued vacation. In such event the employee shall be required to provide a doctor's certificate as provided
in Article 8, Section 1, paragraph (1).
(n) An employee, upon termination, shall be entitled to receive all accrued unused vacation pay
that remains at the time of termination.
(0) Vacation Creditable Toward Retirement.
In addition to accrual of vacation as provided in Article 14, Section 2, paragraph (g) of this
Agreement, an employee, three years prior to retirement in the City Pension Plan, can begin saving and
accumulating vacation leave earned up to 50 % annually to be paid at retirement. The amount of
accumulation in the vacation retirement bank shall not exceed six weeks. The employee must submit
formal written notification of the intent to accumulate one-half of his annual vacation earnings prior to the
beginning of the calendar year in which such saving is to commence and must provide the date the
employee plans to retire. If the employee subsequently elects not to retire as indicated, but to continue to
30
work, one-half of the accumul.J vacation may be held in reserve (up to lee weeks) until the employee
does retire; the remaining one-half shall be forfeited.
Section 3. Recall Pay
Any employee who is recalled to duty after having left for the day, or on a regularly scheduled day
off, or compensation day, or more than three (3) hours prior to the start of his regularly scheduled tour
of duty, shall be guaranteed a minimum of two (2) hours payor three (3) hours work. For the purpose
of this Section, recall is defined as any duty, detail, or response to a lawful order for which the employee
can be disciplined for his failure to comply. This specifically excludes court appearances. Any employee
recalled while on vacation shall be paid at time and one-half for all hours worked.
Section 4. Acting in Higher Position Pay
If a Police Officer serves in a higher capacity on an acting basis for twenty (20) consecutive work
days or more, he shall receive the appropriate pay for the acting rank retroactive to the date he assumed
that status. The appropriate pay shall be defined as five percent (5%) above the employee's base salary.
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 hours pay if such attendance
is during the employee's regularly scheduled time-off. This provision shall also apply when the employee
is subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or private attorney's
office in a criminal, traffic, or civil case arising from the employee's course of employment. When an
employee is subpoenaed to Traffic Court during his regularly scheduled time-off, he will receive a
minimum of two hours pay unless the Traffic Court is convened outside the officer's assigned area in
which case, the officer will receive a minimum of three (3) hours pay. All time paid for any court
attendance will count as time worked.
In all instances of court appearances scheduled less than three hours prior to an employee's tour
of duty, the employee will be deemed to have started work at the time indicated on the subpoena and will
be paid for all hours worked in excess of eight hours. In all cases, the employee will be responsible to
inquire of the department designee between 1600 hours of the day preceding and 0700 hours of the date
of the scheduled court appearance so as to ascertain the status of the case and receive instructions.
An employee will go on 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, provided that this is agreeable to the court and to the attorney requesting his presence. An
employee on standby under the provisions of this Section will receive straight time pay for each hour spent
on standby with a minimum of three 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 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 medical status
is deemed deficient in some manner as a result of the physical examination shall be counseled by the
Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve
their physical fitness and health. Employees hired after July 1, 1987, shall be required to meet certain
designated standards consistent with those which were required at the time of their initial employment, and
if found deficient in certain designated areas, shall be required to undertake a fitness rehabilitation 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 3 months nor more than
31
6 months. Such employees shall Ie subject to disciplinary action up to and illuding 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 officer'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. An 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 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 shall be allowed up to four (4) days funeral leave with no loss of pay and no charge
against sick leave time in the event of death in the "immediate family." Death in the "immediate" family
shall be defined as a death of a spouse, child, mother, father, grandfather, grandmother, grandchild,
brother or sister of the employee or the employee's spouse.
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 leave. "Close" family shall be defined as the following family
members: stepparents; stepchildren; stepbrothers; stepsisters; brother's wife; sister's husband. Additional
time, chargeable to sick 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 currently provided by the City,
except that the City may make changes in styles or update equipment.
(b) Detectives shall receive a plain-clothes allowance of $750.00 the first year of the contract,
$650.00 the second year, and $650.00 the third year.
(c) 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.
(d) Persons transferred to plain-clothes duty shall be permitted to retain at least one uniform.
(e) 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
32
,..
provided that employees are giv.l not less than 30 days notice of the chanl 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 following compensation to any employee injured in the line of
duty in accordance with the following definitions, terms and conditions:
(a) Compensation shall be payable under this Section only with respect to disability as the result
of injury to an employee where such injury is incurred in the line of duty.
(b) An injury shall be deemed to have been incurred in the line of duty if and only if such injury
is compensable under the Florida Workers' Compensation Law.
(c) The amount of compensation paid shall be the amount required to supplement funds received
from the Florida Workers' Compensation Law and any other disability or other income plan provided by
the City, either by law or by agreement, to the point where the sum of the supplement herein provided and
all other payments herein described equal the employee's weekly wage at the time of the injury.
(d) No compensation under this Section shall be allowed for the first seven (7) days of disability;
provided, however, that if the injury results in disability of more than fourteen (14) days, compensation
shall be paid from the commencement of the disability.
(e) The term disability as used in this Section means incapacity because of the line-of-duty injury
to earn in the same or any other employment the wages which the employee was receiving at the time of
the injury.
(f) It is the intent of this Section to provide supplemental compensation for line of duty injuries
only, and this Section shall not be construed to provide compensation in the event of death or injury
incurred in any manner other than in the line of duty. Coverage under this Section shall not result in the
loss of step increases which the officer would have received had he been on active status. In the event of
any dispute or disagreement concerning the interpretation of this Section, then the decisions concerning
definition of the terms of this Section issued under the Florida Workers' Compensation Law shall control.
(g) The maximum period for which payment may be made under this Section shall be ninety (90)
days from the date of injury for each injury, including recurrences thereof. No payment made by the City
during said period shall be charged against any sick leave which the employee may have accrued. This
provision may be extended for another 90 days at the sole discretion of the Appointing Authority. Upon
completion of this 90 day period, or any extension thereof, the employee shall revert to use of his
accumulated sick leave as provided elsewhere in this Agreement.
(h) The City shall have the right to require the employee to have a physical examination by a
physician of its choice prior to receiving or continuing to receive compensation under this Section.
33
(i) Failure to report a liJ-Of-dUty injury (when it becomes eVidentl the employee), or failure to
report an event that could result in such 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) working 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.
The City further agrees to provide the F.O.P. with such information as would be required to
formulate such a benefit package and to cooperate with the F.O.P. to obtain pertinent information from
the present carrier and the insurance consultant. Until a benefit package is formulated and put into
operation, the City agrees to continue the current benefits of life and health insurance.
Section 11. Overtime Pay
(a) No employee shall be sent home prior to the end of his regularly scheduled shift for the
purpose of denying overtime pay; nor shall any employee have his work schedule altered in an arbitrary
or capricious manner.
(b) If a regularly scheduled work day is to be cancelled, the employee must be notified by the end
of his tour of duty immediately preceding the scheduled work day to be cancelled. No regularly scheduled
work day will be cancelled for the sole purpose of avoiding overtime pay.
(c) Employees shall be paid for all hours actually worked. The City shall pay overtime at the rate
of time-and-one-half for all hours actually worked in excess of 40 hours in anyone work week. Hours
for which an employee is paid as a result of holidays, sick time, vacation and similar periods of
nonproductive time shall not be considered as time worked for the purpose of computing overtime pay,
except as otherwise provided in this Agreement.
(d) The work week shall be from 11:00 P.M. Friday to 11:00 P.M. Friday.
(e) An employee may be required to work overtime if, in the sole and unlimited discretion of the
Police Chief or his designee, his services are necessary.
34
Section 12. Wages
A. Pay Schedule
The City shall provide a four percent (4 %) general wage increase effective October 1, 1991, a three
percent (3%) general wage increase effective October 1, 1992, and a three percent (3%) general wage
increase effective October 1, 1993, by adjustment of the bargaining unit wage schedule for each respective
fiscal year. This shall include the addition of a Step 11 longevity step. Biweekly pay schedules shall be
as follows:
I
,
Biweekly Pay Schedules For Police Service Technician
For Fiscal Years
1991 - 1992 1992 - 1993 1993 - 1994
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 10
Step 11
$ 693.96
724.13
762.53
800.95
842.07
883.23
905.18
927.12
949.04
973.75
998.42
$ 714.78
745.85
785.41
824.98
867.33
909.73
932.34
954.93
977 . 51
1,002.96
1,028.37
$ 736.22
768.23
808.97
849.72
893.35
937.02
960.31
983.58
1,006.84
1,033.05
1,059.22
Biweekly Pay Schedules For Police Recruit II
For Fiscal Years
1991 - 1992 1992 - 1993 1993 - 1994
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 10
Step 11
$ 899.88
944.58
992.14
1,039.62
1,092.73
1,148.62
1,176.56
1,210.12
1,238.06
1,268.80
1,300.52
$ 926.98
972.92
1,021.90
1,070.81
1,125.51
1,183.08
1,211.86
1,246.43
1,275.20
1,306.87
1,339.54
$ 954.79
1,002.11
1,052.56
1,102.93
1,159.28
1,218.55
1,248.21
1,283.81
1,313.46
1,346.08
1,379.73
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 10
Step 11
Biweekly Pay Schedules For Police Officer
For Fiscal Years
1991 - 1992 1992 - 1993
$ 922.26 $ 949.93
966.95 995.96
1,017.27 1,047.78
1,067.58 1,099.61
1,120.66 1,154.28
1,176.56 1,211.86
1,210.12 1,246.43
1,238.06 1,275.20
1,268.80 1,306.86
1,299.52 1,338.51
1,332.00 1,371.97
1993 - 1994
$ 978.43
1,025.84
1,079.22
1,132.60
1,188.91
1,248.21
1,283.82
1,313.46
1,346.07
1,378.66
1,413.13
35
(b) Pay Schedule Formlt - Merit & Longevity Step Increases I
The Police Service Technician, Police Recruit II and Police Officer classes shall have eleven steps:
an entry step, five merit steps and five longevity steps. Merit steps shall provide for an approximate five
percent (5%) increase over the preceding step, and longevity steps shall provide for an approximate two
and one-half percent (2-112 %) increase over the preceding step.
Pay increases up to and including step 6 are not automatic but are management review rates and
may be granted only upon the recommendation of the Department Director and Appointing Authority.
Eligibility for review for within pay schedule increases shall be as follows:
Appointment and Merit Step Review and Advancement:
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Original appointment or promotion
At the end of one year of satisfactory service in Step 1
At the end of one year of satisfactory service in Step 2
At the end of one year of satisfactory service in Step 3
At the end of one year of satisfactory service in Step 4
At the end of one year of satisfactory service in Step 5
If an employee's evaluation by management is satisfactory or higher, the approved merit
pay increase shall become effective as of the date of the employee's eligibility therefore,
except as provided in paragraph (c) below.
Longevity Step Review and Advancement:
Step 7 At the end of two years of service in Step 6
Step 8 At the end of two years of service in Step 7
Step 9 At the end of two years of service in Step 8
Step 10 At the end of four years of service in Step 9
Step 11 At the end of four years of service in Step 10
Note: An employee promoted from Police Service Technician to Police Recruit II or Police Officer or
from Police Recruit II to Police Officer shall be provided an approximate two and one-half percent (2-112 %)
pay increase upon the promotion. Such promotional pay increase shall be computed as per the Pay Plan ranges
and steps and does not necessarily reflect an exact percentage.
(c) Merit Step Review - Increases and Delay or Denial
Employees who receive a merit eligibility evaluation of Satisfactory or higher shall be advanced
as provided in Section (b) above.
Employees who receive a merit eligibility evaluation of less than Satisfactory shall not be granted
a merit step advancement. Such employees shall be reevaluated after three months and, if then rated
Satisfactory, shall be granted a merit step adjustment as of that date. The effective date of the increase
shall be utilized for the purpose of determining eligibility for review for advancement to the next higher
step.
If the initial three months follow-up rating is still less than Satisfactory, the employee shall be
evaluated again in three more months. If then rated Satisfactory or higher, the employee shall be granted
a merit step adjustment as of the end of that second three-month follow-up period. The effective date of
this increase shall be utilized for the purpose of determining eligibility for review and advancement to the
next higher step.
36
If the employee is rated lei than Satisfactory on the second three molths follow-up rating, no merit
step advancement shall be made and the employee will be evaluated again one year from the date of the
initial annual evaluation which was less than Satisfactory.
Section 13. 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 worked in computing overtime under this
article.
Section 14. Shift Differential
Officers shall be entitled to shift differential pay as set forth in this Section.
(a) For purposes of computing shift differential pay the following shift series and payments are
estab lished:
Shift Series No.
100
200
300
Hours
2400-0700
0700-1600
1600-2400
Payment Per 14-Day Period
7%
0%
5%
The payments shall be computed as a percentage of the employee's base pay, including his merit and
longeVIty step.
(b) An officer's shift differential shall be determined by the shift series into which the majority
of the hours of his regularly assigned shift for the scheduled shift cycle falls and without regard to the
starting or ending time of the officer's shift. Temporary shift or duty assignments of less than thirty (30)
calendar days shall not entitle an officer to shift differential pay. Employees in the bargaining unit assigned
for initial or remedial training under the FTO program shall not be entitled to shift differential pay.
(c) Shift differential pay shall be paid to any officer regularly assigned to a Series 100 or 300 shift
and shall not be prorated on account of vacation, holidays or other paid time off.
Employees who are currently receiving job assignment pay will continue to receive it at the current
rate so long as they continue in their current assignment without interruption. Except as to such
employees, only detectives, field training officers and crime scene investigators shall be granted job
assignment pay in the future. For those employees, the rate shall also be the current rate.
Section 15. Funeral Detail
(a) The City shall permit the F.O.P. to form a four (4) man detail to act as representatives of the
F.O.P. and the City of Clearwater Police Department, and permit this detail to attend the funerals of any
law enforcement officer in the State of Florida who loses his life in the line of duty.
(b) The City will continue to supply transportation (marked cruiser) for the purpose of attending
funerals of law enforcement officers.
(c) In the event that the funeral is held in a city more than one hundred and fifty (150) miles from
Clearwater, the detail will be permitted to remain in the distant city overnight.
37
(d) The F.O.P. shall be lesponsible for the payment of expenses If this detail such as gas, oil,
lodgings, and meals.
(e) In the event that no member of the funeral detail is off-duty at the time of the funeral, at least
two (2) members shall be granted time off, with no loss of pay, for the purpose of attending the funeral.
(f) This provision shall not be subject to the grievance procedure.
Section 16. Legal Protection
The City agrees to defend any member of the bargaining unit who is sued for damages as a result
of actions taken in the scope of his employment with the City. The employee agrees to cooperate with the
City in providing this defense.
Section 17. 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 members of the unit.
Section 18. Standby Pay
An employee assigned to standby will receive a flat fee of:
$ 8.00 per night, Monday through Friday
$40.00 per weekend.
Only the Police Chief or his designee may place an employee on standby. This Section will also
apply to all Telephone Alert situations.
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 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 investigative, undercover, tactical, selective enforcement, traffic, canine
or community relations are subject to adjustments of their hours and/or days to meet the circumstances at
hand. Management will give as much notice as possible when such adjustments are made but it is
understood that hours must be flexible.
38
Section 20. Merit and Lngevity Increases
I
Merit Raises: 5% at the end of the 1st, 2nd, 3rd, 4th, and 5th years.
Longevity: 2-1/2 % at the end of the 7th, 9th, 11th, 15th, and 19th years.
Merit and longevity raises shall be in accordance with current practice.
Section 21. Equipment
(a) As the department budget permits and as training resources are available, police officers shall
be furnished 9 mm weapons and PR-24 batons. Over the next twelve months, the City will supply
employees with a two-piece rain suit with detachable hood as supplies are purchased and available and
current gear is returned in good condition, reasonable wear and tear excepted.
(b) Off-Duty Concealed Weapons
An off-duty officer shall have the right to carry, on or about his person, a concealed weapon
provided that such officer has met departmental qualification standards for the firearm, that such firearm
has been duly approved by the Department, and that such firearm is periodically inspected by the
Department or other qualified armorer if such firearm is not issued by the Department. This weapon may
only be used to perform law enforcement functions.
Any officer wishing to carry an off-duty firearm, for which the Department armorer is unqualified
to perform maintenance, will be authorized to carry the firearm providing that the firearm is otherwise
approved and, at the officer's expense, the officer provides annual certification to the Department that the
firearm has been inspected and approved by a qualified armorer.
Only hand guns of the caliber listed below shall be approved for off-duty use:
.380; 9mm; .38; 357 magnum; IOmm; .40; .41; .44; and .45.
Officers shall carry only ammunition approved by the Department armorer in both their on-duty
and off-duty firearms. The Department will provide only 9mm and .38 caliber ammunition. It will be the
officers' own responsibility to provide ammunition for any other approved caliber, including training
ammunition.
Section 22. Off-Duty Calls
When a bargaining unit member is called by telephone by a supervisor on departmental business
solely to respond to a request for needed information, the employee shall be credited with time worked as
follows:
(a) If the call is six (6) minutes or less, the employee shall be credited with one-tenth of an hour
of work time.
(b) If the call is greater than six (6) minutes, the employee shall be credit with the actual time
involved for work time.
(c) If the employee is called and, as a result of the call, is required to take an official action at
home on behalf of the City to obtain information, to call other employees in the line of duty, or to take
39
other action on behalf of the ~ and, subsequently to call the supervlor or other designated City
personnel with a response, the employee shall be credited with actual time involved in complying with the
supervisory directive. In such event, the employee shall be required to provide his supervisor with a full
accounting of the time and work for which the employee is to be paid.
Section 23. Canine Officers
(a) Employees covered by this Agreement who are assigned as canine officers shall normally work
for seven hours and fifteen minutes for five (5) days per week on regular duty with or without their
canine(s). On those regular work days, they shall also be credited with forty-five minutes work time for
time in the care and handling of their canine(s). This time shall be the customary and average amount of
time spent by a canine officer on a duty day. On the officers' days off from regular duty, they shall be
credited with 30 minutes of work time for time in the care and handling of their canine(s). Such time shall
be based on their regular rate of pay and shall be paid at straight time or an overtime rate depending upon
total hours worked during the week. It is recognized that on off-duty days the officer's responsibilities for
care and maintenance are reduced.
(b) Advance approval shall be required from the appropriate Police Captain or higher level
manager before a canine officer can work any additional overtime in care and maintenance activities.
(c) No work time is to be used by an officer to prepare or train for participation in canine
demonstrations or competitions, except as scheduled by the Department in accordance with standard
operating procedures established by the Department and approved by the Police Chief. In the sole
discretion of the Police Chief, canine officers may be scheduled to attend demonstrations or competitions.
Time involved in demonstrations or competitions shall be limited to the officer's regular weekly duty hours
(40 hours) unless previously approved in writing by the Police Chief or his designee. Due to the
scheduling of demonstrations or competitions, hours and/or days of work are subject to adjustment to meet
the circumstances at hand.
(d) Assignment and the removal of assignment as a canine officer is the sole prerogative of the
Police Chief or his designee, and assigned pay shall only be provided during the period of such assignment
as authorized by the Police Chief or his designee.
(e) All Department Standard Operating Procedures relating to canine use, care, maintenance, and
other aspects of the program as established by the Police Chief shall apply.
(f) A monthly allowance of $70.00 shall be provided to each canine officer for supplemental food,
medical grooming, pest control, and related needs associated with care of the canine.
40
I ARTICLE 15 I
BULLETIN BOARDS, RULES AND REGULATIONS, MEMOS, AND
POSTING AND COPYING OF AGREEMENT
Section 1. Bulletin Boards
The City agrees to provide space on bulletin boards at the officially designated roll call rooms and
at the Detective Bureau only for posting by the F.O.P. of notices of meetings or other official F.O.P.
information; provided the Chief or his designee shall first review and agree to any such posting, and
indicate his approval by initials or stamp, and provided that no other City bulletin board or blackboard may
be used by the Union or any member of the bargaining unit for any purpose not approved by the Chief;
provided further that such approval shall not be unreasonably withheld. The Union is expressly prohibited
from posting any information relating to political campaigns.
Section 2. Rules and Regulations - Memorandums
(a) The President of the F.O.P. shall be forwarded a copy of any written departmental
memorandum, rule, regulation, order, or policy, intended for publication to all members of the bargaining
unit, which is intended to establish a standard of conduct for members of the bargaining unit.
(b) The President of the F. O. P. or his designated delegate shall be provided a copy of the agenda
in advance of every regular City Commission meeting.
(c) The President of the F.O.P. or his designated delegate shall be forwarded a copy of the meeting
time and place of the Civil Service Board in advance of that meeting.
Section 3. Posting and Copying of Agreement
(a) The City and the F.O.P. further agree to provide each member of the bargaining unit, within
sixty (60) days after its execution, a copy of this Agreement, printed in booklet form. The cost of printing
shall be shared equally by both parties.
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 established by the City as the rate charged all employees.
(c) Departmental business will of course take priority and the F.O.P. will only be allowed to make
copies while the Department is not otherwise using the copier.
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I
ARTICLE 16
AMENDMENTS
a
This Agreement may be amended at any time by the mutual consent of the parties, but no such
attempted amendment shall be of any force or effect until placed in writing and executed by each party
hereto.
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.1 ARTICLE 17 I
SEVERABILITY AND WAIVER
Section 1. Each and every clause of this Agreement shall be deemed separable from each and
every other clause of this Agreement to the end that in the event that any clause or clauses shall be finally
determined to be in violation of any law, then and in that event such clause or clauses only, to the extent
only that any may be so in violation, shall be deemed of no force and effect and unenforceable without
impairing the validity and enforceability of the rest of the contract including any and all provisions in the
remainder of any clause, sentence or paragraph in which the offending language may appear.
Section 2. The exercise or non-exercise of the rights covered by this Agreement by the City or
its employees or agents or the F.O.P. shall not be deemed to waive any such right or the right to exercise
them in the future.
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, ARTICLE 18 I
CONTRACT CONSTITUTES ENTIRE AGREEMENT
OF THE PARTIES
The parties acknowledge and agree that during the negotiations which resulted in this Agreement,
each had the unlimited right and opportunity to make demands and proposals with respect to any subject
or matter included by law within the area of collective bargaining and that all the understandings and
agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this
Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and
unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall
not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or
covered by this Agreement, whether or not such matters have been discussed, even though such subjects
or matters may not have been within the knowledge or contemplation of either or both parties at the time
that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding,
undertaking and agreement of collective bargaining for and during its term, except as may be otherwise
specifically provided herein.
The parties agree to bargain proposed changes in the City's Pension Plan and changes in the City's
Civil Service Rules that deal with mandatory subjects of collective bargaining and any impact these changes
may have on bargaining unit members.
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ARTICLE 19
DISCIPLINE
I
Section 1. No employee who has successfully completed his probation shall be demoted,
suspended, or dismissed without just cause.
Section 2. The City, the Union or the employee may use any work history material as evidence
to support or oppose a suspension or dismissal.
Prior to a written reprimand being placed in an employee's file, the employee will have the right
to confer with the Police Chief 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.
Section 3. Probationary employees have no right of appeal of disciplinary action under this
Agreement.
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...
I ARTICLE 20 I
SUBSTANCE USE AND TESTING
Section 1. Voluntary use of controlled substances which cause intoxication or impairment on
the job poses risks to the employer, the affected employee and their coworkers.
Section 2. All bargaining unit employees will be fully informed of the employer's for cause
drug testing policy before testing is administered. Bargaining unit employees will be provided with
information concerning the impact of the use of drugs on job performance. Captains and other
management personnel will be trained to recognize the symptoms of drug abuse, impairment and
intoxication. The City will permit five employees selected by the Union to attend such training class
on City time.
Section 3. No bargaining unit employee will be tested for drugs or alcohol unless there exists a
reasonable suspicion that the bargaining unit employee to be tested is under the influence of drugs or
alcohol. The term "reasonable suspicion" shall, for the purposes of this policy and section, be defined
as follows:
A. Aberrant or unusual on-duty behavior of an individual employee that is observed on duty by
the employee's immediate supervisor or higher ranking employee and confirmed by the observation of
another supervisory employee, managerial employee trained to recognize the symptoms of drug abuse,
impairment or intoxication (which observations shall be documented by the observers), and this may
include such common signs as the following:
observed alcohol and/or drug use during working hours
unexplained work-related accidents or injuries
presence of physical symptoms commonly associated with substance abuse, such as:
- impairment of motor functions
- slurred speech
- incoherent or irrational mental state
- drowsiness
- smell of alcohol or marijuana
- extreme weight loss
- red eyes
- running nose or sniffling
- frequent or extreme mood changes
- lack of physical coordination
deteriorating work performance and/or attendance problems not attributable to other
factors, such as:
- frequent absences or lateness
- unexplained absence from assigned work area
- frequent or extended visits to the restroom
- other marked, unexplained changes in personal behavior
B. Random or mass testing is prohibited, except where required by law. Other procedures
may be used where required by law. Any testing required by law will be sent to the Union President,
along with regulations for such implementation as required, at least twenty (20) calendar days before
such regulations are implemented. No drug testing may be conducted without the written approval of
the Department Director, or designee. The Department Director, or designee, must document in
writing who is to be tested and why the test was ordered, including the specific objective facts
constituting reasonable suspicion leading to the test being ordered, and the name(s) of any source(s), or
46
~, all of this information. One copJ of this document shall be given to the blgaining unit employee
before he/she is required to be tested.
After being given a copy of the document, the affected bargaining unit employee shall be
allowed enough time to be able to read and understand the entire document.
Failure to follow any of these procedures shall result in the elimination of the test results as if
no test had been administered. The test results shall be destroyed, and no discipline shall be levied
against the bargaining unit employee.
Section 4. When a Captain or other management personnel has reasonable suspicion to believe
that a bargaining unit employee is using, consuming, or under the influence of an alcoholic beverage,
non-prescribed controlled substance (other than over-the-counter medications), and/or non-prescribed
narcotic drug while on duty, the Captain or other management personnel will notify the Department
Director, or designee, for the purpose of observation and confirmation of the employee's condition. If
the Department Director, or designee, after observing the employee, also has reasonable suspicion to
believe that the employee is using, consuming, and/or under the influence of an alcoholic beverage,
non-prescribed controlled substance, or non-prescribed narcotic drug while on duty, then, by a written
order signed by both the employee's immediate Captain or other management personnel and the
Department Director, or designee, the employee may be ordered to submit to toxicology testing
designed to detect the presence of alcohol, chemical adulteration, marijuana metabolites, opiates,
amphetamines and phencyclidine in accordance with the procedure set forth below.
A. 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.
B. Refusal to submit to toxicology testing after being ordered to do so shall result in
disciplinary action.
Section 5. Blood and Alcohol Test Procedure. The following procedure shall apply to blood
and urine tests administered to bargaining unit employees.
A. The employer may, upon reasonable suspicion, request urine or breath samples except when
the employee has been involved in an accident covered by the City's workers' compensation resulting
in injury to him/herself, in which case a blood sample may be required. The employee, at his/her sole
option, shall, upon request, receive a blood test in lieu of a urine or breath test. Urine and blood
specimens shall be drawn or collected at the laboratory, hospital or medical facility. When requested
by the employee, a Union representative shall be allowed to accompany the employee to the test and
observe the collection bottling and sealing of the specimen. All specimen containers, vials, and bags
used to transport them shall be sealed with evidence tape and labeled in the presence of the employee
and the Union representative (if one has been requested). The chain of custody recommended by the
Florida Health and Rehabilitative Services Department will be met or exceeded.
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.. B. All testing shall be dle by a laboratory certified by the State ! Florida as a medical and
urine drug testing laboratory which complies with the Scientific and Technical Guidelines for Federal
Drug Testing Programs and the Standards for Certification of Laboratories engaged in Drug Abuse and
Mental Health Administration of the U.S. Department of Health and Human Services and is NIDA
certified.
C. The following standards shall be used to determine what levels of detected substances shall
be considered as positive:
Drutr.
Screening Test
Confirmation
Opiate Metabolites
100 ng/ml Delte-THC
300 ng/ml Metabolite
3300 ng/ml Morphine
Gas Chromatography
/Mass Spectrometry
500 ng/ml GC-MS
500 ng/ml GC-MS
1 15 ng/ml GC-MS
2150 ng/ml GC-MS
300 ng/ml GC-MS
25 ng/ml GC-MS
Amphetamines
Immuno Assay
1,000 ng/ml Amphetamine
Methamphetamine
Marijuana Metabolites
Cocaine Metabolites
PCP 25 ng/ml PCP
1 Delta-9-tetrahydrocannabinol-9-carboxylic acid
2 Benzoylecgonine
325 ng/ml if immunoassay specific for free morphine
Intoxilizer Test For Alcohol
Alcohol
.10%
D. Any sample which has been adulterated or is shown to be a substance other than urine shall
be reported as such.
E. When an employee tests positive on the screening test (Le., a drug or drugs is/are detected),
a second test, the Gas Chromatography/Mass Spectrometry, 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 shall prevail. When
a urine or blood specimen for testing is obtained from an employee by an independent medical facility
selected by the City, a sufficient quantity of the specimen shall be obtained for testing by the contract
laboratory and a 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.
F. If the results of the tests administered by the employer on the two (2) samples show that the
employee, while on duty, was under the influence of or drank, smoked, ingested, inhaled or injected
alcoholic beverages, non-prescribed narcotics, marijuana, cocaine, PCP, or non-prescribed
amphetamines, appropriate discipline may be imposed by the employer after the following procedures
has been followed:
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".~
The employee shall be prlented with a copy of the laboratory repolt before any discipline is
imposed. The Union and the employee shall then have twenty-four (24) hours to present to the
employer any different results from the test of the sample conducted by a laboratory selected by the
Union. After considering the results of the third test performed for the Union (if presented), the
employer may discipline the employee.
A test result indicating the employee is under the influence of alcohol, or indicating the use of
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 the employee being required to attend and complete an
appropriate detoxification, alcohol or drug abuse program. The employee shall be allowed to use sick
leave in accordance with Article 8 of this agreement for absence from duties to attend any such
appropriate program. Should the employee not have sufficient accumulated sick leave to use for this
purpose, the employee shall be granted leave of absence, without pay, to attend said program. After
completion of any detoxification program, the employee shall be subject to three random blood tests
anytime during a twelve-month period after completion of detoxification. A positive test on any of
these three tests will subject the employee to discharge.
Section 6. Employees who seek voluntary assistance for alcohol and substance abuse may not
be disciplined for seeking such assistance. Requests from employees for such assistance shall remain
confidential and shall not be revealed to other employees or management personnel without the
employee's consent. Such employees shall be subject to all employer rules, regulations and job
performance standards, with the understanding that an employee enrolled in such a program is
receiving treatment for an illness.
Results to urine and blood tests performed hereunder will be considered medical records and
held confidential to the extent permitted by law. Tests shall only be performed for alcohol, chemical
adulteration, marijuana metabolites, cocaine metabolites, opiates, amphetamines and phencyclidine and
the laboratory shall only report on the presence or absence of these substances.
Section 7. Over-the-Counter and Prescription Drugs
An employee who has been prescribed or issued a drug, for any medical or other condition,
which might in any way impair their ability to perform his/her job must immediately notify their
supervisor. The employer, in consultation with appropriate medical authority, shall determine whether
the individual can work while taking the medication. If it is determined that the individual is unable to
perform his/her job without impairment caused by the medication, the employee will be placed on sick
leave, if available, or if no sick leave is available, the employee may then utilize vacation or ar.ooal
leave until the condition for which such medication is being taken is no longer present, or use of the
medication causing the impairment has been discontinued. However, prior to placing any employee on
leave, reasonable accommodation will be made to provide alternative assignments. If an employee is
placed on sick leave under this paragraph, such leave shall not be considered in placing the employee
on a doctor's certificate requirement until after two such incidents in a 12-month period.
49
'-
Section 8. Drug TestinJupon Designated Assignments
I
A. Bargaining unit members shall, when assigned to the Vice & Intelligence Unit, have a drug
test administered. Additionally, such bargaining unit members shall have an annual drug screening as
part of their annual physical. When an employee tests positive on the screening test, the sample shall
be submitted for a confirmation test.
(1) The drug screening will be performed utilizing urine samples unless the employee, at his
option, requests a blood test in lieu of a urine test.
(2) Urine and blood samples shall be drawn or collected at a city-designated facility.
(3) All testing shall be done by a laboratory certified by NIDA.
(4) The standards listed in Section 5, Subsection C, of this Article shall be used to d~termine
what levels of detected substances shall be considered as positive.
B. Assignment to Vice & Intelligence or removal from same shall be at the sole discretion of
the Police Chief, regardless of the drug screening/confirmation findings.
C. In the event that a Vice & Intelligence officer was required, as a course of his employment,
to imbibe in alcoholic beverages or ingest secondhand marijuana, hashish, crack, cocaine smoke, or
smoke from any other controlled substance, within 48 hours of a scheduled drug screening test, the test
shall be postponed for one week. The officer shall be responsible for advising his supervisor of the
occurrence of such an incident as soon as practical.
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. .
I
ARTICLE 21
REVIEW BOARDS
I
The pty will continue its current practice of allowing the affected employee to give a brief oral
statement to an accident review board.
51
I
ARTICLE 22
TRAINING
I
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 officers 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 will select officers for attendance using these criteria:
a. Ability of the officer as shown in performance evaluation
b. The officer's duties and assignments (past, present and future)
c. Seniority in the department
d. The officer's demonstrated interest
e. Manpower and staffing needs of the Department
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.,
i
ARTICLE 23
DURATION, MODIFICATION AND TERMINATION
I
This Agreement shall be effective as of October 1, 1991, and shall continue in full force and
effect until the thirtieth day of September, 1994. At least one hundred twenty (120) days prior to the
termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to
modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify,
amend or terminate, as herein above set forth, will automatically extend the provisions and terms of
this Agreement for a period of one (1) year, and each year thereafter absent notification.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this
;<o...w9 day of O~~ , A.D., 1991.
--
ATTEST>---
-.;....
- .--
. ~:"'- ~ .../
Approved as to form and
correctness:
WITNESSES:
JJfY7.1~OO /dtJM/1)
q-:~
CITY OF CLEARWATER, FLORIDA
BY~~W
Michael Wright, City Manag ,
Countersigned:
FWRIDA STATE LODGE OF THE
FRATERNAL ORDER OF POLICE, WDGE 10
By P~~A~~
Peter A. Fire, President - Lodge No. 10
53