AGREEMENT (SERGEANTS AND LIEUTENANTS)
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AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
(Sergeants and Lieutenants)
FISCAL YEARS 1991-1994
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TABLE OF CONTENTS
Page No.
PREAMBLE
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ARTICLE 1 RECOGNITION AND AUTHORIZED REPRESENTATIVES ......... .2
ARTICLE 2 CITY MANAGEMENT'S RIGHTS ............................ 3
ARTICLE 3 GRIEVANCE PROCEDURE ................................ 5
ARTICLE 4 NO STRIKE .......................................... 9
ARTICLE 5 STEWARDS CHECKOFF AND F.O.P. BUSINESS. . . . . . . . . . . . . . . .. 10
ARTICLE 6 NO DISCRIMINATION ............................ . . . . .. 12
AR TICLE 7 WORK RULES AND PERSONNEL PRACTICES . . . . . . . . . . . . . . . . .. 13
Section 1. Sick/Injury Leave ................................... 13
Section 2. Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
Section 3. Time Off ........................................ 18
Section 4. Leave Without Pay .................................. 19
Section 5. Personnel Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 6. Residency Requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 7. Tobacco Product Usage ............. .................. 20
Section 8. Seat Belt and Safety Equipment Use . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 9. Outside Employment ................................. 20
Section 10 Productivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section 11 Take-Home Cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section 12. Police Officers' Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
ARTICLE 8 PREVAILING RIGHTS .................................. 22
ARTICLE 9 EXISTING RULES ..................................... 23
ARTICLE 10 DUTIES OF POLICE SERGEANTS AND POLICE LIEUTENANTS ..... 24
ARTICLE 11 SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
ARTICLE 12 PROMOTIONAL PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
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TABLE OF CONTENTS
Pa2e No.
ARTICLE 13 DIRECT ECONOMIC PROVISIONS ......................... 28
Section 1. Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 2. Vacations ........................................ 29
Section 3. Recall Pay ....................................... 30
Section 4. Acting In Higher Position Pay ........................... 30
Section 5. Court Attendance .... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31
Section 6. Physical Examinations and Inoculations . . . . . . . . . . . . . . . . . . . . .. 31
Section 7. Funeral Leave ..................................... 32
Section 8. Uniform Allowance ................................. 32
Section 9. Line-of-Duty Injury Pay ............................... 32
Section 10. Insurance ....................................... 33
Section 11. Work Week and Overtime ................... . . . . . . . . . . 34
Section 12. Wages ......................................... 34
Section 13 Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Section 14. Shift Differential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Section 15. Funeral Detail .................................... 37
Section 16. Legal Protection ................................... 37
Section 17. Copies of Municipal Code ... . . . . . . . . . . . . . . . . . . . . . . . . .. 37
Section 18. Standby Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Section 19. Special Duty Call Out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Section 20. Canine Assignment ................................. 38
Section 21. Tuition Refund Program .............................. 38
Section 22. Job Assignment Pay ................................ 39
Section 23. Light Duty Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
ARTICLE 14 BULLETIN BOARDS, RULES AND REGULATIONS, MEMOS AND
COPYING OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
ARTICLE 15 AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
ARTICLE 16 SEVERABILITY AND WAIVER. . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
ARTICLE 17 DISCIPLINE ........................................ 43
ARTICLE 18 SUBSTANCE ABUSE AND TESTING. . . . . . . . . . . . . . . . . . . . . . . . 44
ARTICLE 19 REVIEW BOARDS .................................... 47
ARTICLE 20 TRAINING ......................................... 48
ARTICLE 21 PENSION/SOCIAL SECURITY ............................ 49
ARTICLE 22 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES 50
ARTICLE 23 DURATION, MODIFICATION AND TERMINATION. . . . . . . . . . . . .. 51
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PREAMBLE
This Agreement is entered into , 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
and peaceful 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 AND AUTHORIZED REPRESENT A TIVES
Section 1. The City hereby recognizes the Union as the exclusive bargaining representative as
defined in Chapter 447, Florida Statutes, as amended, for all employees employed in the unit defined by
the Public Employee Relations Commission in its certification No. 816, dated October 20, 1988, which
certification is limited to Police Sergeants and Police Lieutenants.
Section 2. The City agrees that during the term of this Agreement it will deal only with the
authorized representatives of the Union in all matters requiring mutual consent or other official action
called for by this Agreement. The Union agrees to notify the City of the name of such authorized
representatives as of the execution of the Agreement and each replacement therefore during the term of the
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 and to the Deputy City Manager at least twenty-four (24) hours in advance. Until such notice
is received, the City is under no obligation to recognize an individual as an authorized representative of
the Union.
Section 3. The Union agrees that during the term of this Agreement the Union and the
employees covered hereunder shall deal only with the City Manager or his representative in matters
requiring mutual consent or other official action and specifically the Union agrees that neither the Union
nor the employees covered hereunder shall seek to involve the Mayor-Commissioner or Commissioners
in the administration of the Agreement, or otherwise in the operation of the City's Police Department,
provided that nothing contained herein shall restrict an employee's right to present non-employment related
matters to such elected officials. All matters relating to grievances shall be processed only through the
grievance procedure chain of command.
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ARTICLE 2
CITY MANAGEMENT'S RIGHTS
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Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of
management which have not been expressly abridged by specific provisions of this Agreement. The sole
and exclusive rights of management include, but are not limited to, the following:
(a) to manage the City generally and to determine the issues of policy;
(b) to determine the existence or nonexistence of facts which are the basis of management
decisions;
(c) to determine the necessity or organization of any service or activity conducted by the City and
to expand or diminish services;
(d) to determine the nature, manner, means, and technology, and extent of services to be provided
to the public;
(e) to determine methods of financing and budgeting;
(f) to determine the types of equipment and technology to be used;
(g) to determine and/or change the facilities, methods, technology, means and size of the work
force by which the City operations are to be conducted;
(h) to determine and change the number of locations, relocations, and types of operations,
processes, and materials to be used in carrying out all City functions including, but not limited to, the right
to contract for or subcontract any work or operation of the City;
(i) to assign work to and schedule employees in accordance with requirements as determined by
the City, and to establish and change work schedules and assignments;
(j) to relieve employees from duties for lack of work, lack of funds or any other non-disciplinary
reasons;
(k) to establish and modify productivity and performance programs and standards;
(I) to discharge, suspend, demote, or otherwise discipline employees for just cause;
(m) to determine job classifications and to create, modify or discontinue jobs;
(n) to hire, transfer, promote, and demote employees;
(0) to determine policies, procedures, and standards for selection, training and promotion of
employees;
(P) to establish employee performance standards including, but not limited to, quality and quantity
standards and to require compliance therewith;
(q) to maintain order and efficiency in its facilities and operations;
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(r) to establish and promulgate and/or modify rules and regulations and standard operating
procedures; including, but not limited to Civil Service rules;
(s) to take any and all necessary action to carry out the mission of the City and the Police
Department in emergencies.
Section 2. If in the sole discretion of the City Manager or the Mayor it is determined that civil
emergency conditions exist or may exist, including, but not limited to, riots, civil disorders, hurricane
conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspended by the City
Manager or the Mayor during the time of the declared emergency, provided that wage rates and other
direct monetary payments shall not be suspended. Further, a discharge, suspension or demotion occurring
during such emergency may be pursued as a grievance upon the termination of the emergency. The date
of termination of the emergency shall be considered the first day under the grievance procedure.
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ARTICLE 3
GRIEVANCE PROCEDURE
Section 1. A grievance shall be defined as a timely complaint by an employee within the
bargaining unit regarding the interpretation or application of specific provisions of this Agreement. The
grieving individual 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. No grievance may be amended from the original written
grievance filed at the initial step of the grievance procedure. The Union agrees to deliver copies of the
initial grievance and of each successive written step of processing for the grievance to the office of the City
Manager within forty-eight (48) hours of its submission to the appropriate official within the Police
Department. Grievances shall be processed in accordance with the following procedure and shall be
determined by application of the terms of this Agreement. Where the term "working days" is used in this
Article, it shall refer to Monday through Friday. Saturdays, Sundays and days designated as holidays for
managerial employees of the Police Department or the City Manager's office are excluded from the term
"working days." The time limits for filing the grievances and processing subsequent steps in the grievance
process shall be strictly construed, but may be extended by mutual agreement evidenced in writing and
signed by a duly authorized representative of the City and the grieving party. Failure of the grievant to
comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing
of the grievance. Failure of the City to comply with the time limits set forth hereunder shall automatically
move the grievance to the next level in the Grievance Process. Probationary employees shall not have
access to the grievance procedure for failure to satisfactorily complete the probationary period, but will
be allowed to grieve other forms of discipline for which they are charged for specific infractions or
violations of City or Departmental rules, regulations, orders or other documents regulating conduct. The
right of management to demote a probationary employee for failing to meet standards is absolute and no
specific reason shall be given.
Section 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 which is defined in this
Agreement. This shall specifically include grievances relating to suspensions, demotions and dismissals.
Section 4.
Formal Processing of Grievances Initiated By Employee
The aggrieved employee may request that a Union representative be present in the meetings
scheduled to discuss the grievance which are held between the grievant and the City as provided in Steps
2 and 3 herein.
Step 1.
An aggrieved employee (Police Sergeant or Police Lieutenant) shall present his grievance in writing
on the approved grievance form (Appendix A) to the Police Captain in his respective Division, or to the
Deputy Police Chief if the employee is not assigned to a specific Division Captain, within ten (10) working
days after the employee has knowledge or constructive knowledge of the occurrence of the action giving
rise to the grievance. The written grievance at this step, and at all steps thereafter, shall contain the
following information:
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I. A statement of the griJance including date of occurrence, detail~, and the facts upon which the
grievance is based.
2. The article and section of the labor agreement alleged to have been violated.
3. The action, remedy, or solution requested by the employee.
4. Signature of aggrieved employee and F.G.P. representative.
5. Reason for rejection of management's answer, if appealed (Steps 2 and 3 only).
6. Date submitted.
Grievances submitted at this step shall be reviewed and returned to the grievant if the form does
not contain the above information. The grievant shall be notified of the insufficiency and afforded an
opportunity to correct and resubmit the grievance within two (2) working days of its being returned to him.
As used in this Article, the term "employee" shall also mean a group of employees having the same
grievance. In such event, one aggrieved employee shall be designated by the group of employees to be
responsible for processing the grievance. The Police Captain or Deputy Police Chief receiving the initial
grievance shall review the grievance and submit a response in writing to the aggrieved employee within
ten (10) working days from the date the grievance was presented to him. The written response at this step
and all steps thereafter shall contain the following information:
1. An affirmation or denial of the facts upon which the grievance is based.
2. An analysis of the alleged violation of the agreement.
3. The remedy or solution, if any, to be made.
4. Signature of the appropriate management representative.
Where the Police Captain or Deputy Police Chief determines that he is unable to respond due to
circumstances of the grievance which may require a decision at a higher level, he may respond by denying
the grievance.
Step 2.
If the grievance is not resolved at Step 1, the aggrieved employee may submit the grievance to the
Police Chief within ten (10) working days from receipt of the response in Step 1. Such submission of the
grievance at Step 2 shall be in writing. The Police Chief or designee shall obtain necessary facts
concerning the alleged grievance and shall, within seven (7) working days following receipt of the
grievance at Step 2, meet with the aggrieved employee and a Union representative if one has been
requested. The Police Chief or his designee shall notify the aggrieved employee of his decision in writing
not later than seven (7) working days following the meeting day with the employee.
Step 3.
If the grievance is not resolved at Step 2, the grievance and all responses thereto may be submitted
to the City Manager or his designee within ten (10) working days of the time the response was provided
in Step 2. At the request of the employee, the City Manager or his designee shall meet with the employee
and a Union representative if one has been requested. The City shall determine who shall meet with the
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employee. Within ten (10) working days of the meeting with the employee, the City Manager or his
designee will notify the aggrieved employee, in writing, of his decision. If a grievance is not submitted
to the City Manager or his designee, it shall be deemed to have been resolved at Step 2 or to have been
dropped by the grievant.
Section s.
Formal Processing of Grievance Initiated By City
Where any provision of this Agreement involves responsibility on the part of the Union which, in
the view of the City, is not properly being carried out, the City may present the issue to the Union as a
grievance. If such 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 6 of this Article.
Section 6.
Grievance Arbitration
In the event that a grievance is still unresolved after Step 3 in Section 4 above or as provided in
Section 5 above, the matter may be submitted to final and binding arbitration as provided in this section.
(a) Within ten (10) working days of the decision of the City Manager or his designee, the
aggrieved party shall notify the City Manager or his designee of intent to arbitrate. Concurrently, said
party shall request from the 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 be repeated and the remaining name shall be
the arbitrator selected. The arbitrator shall be notified of his selection. As promptly as can be arranged,
but no later than thirty (30) days from the selection of an arbitrator, the arbitration hearing shall be held.
In the event that the arbitrator selected is not available within the thirty (30) day time frame, the parties
shall immediately obtain a new list from the Federal Mediation and Conciliation Service and select another
arbitrator using the same process as previously referenced.
(b) Each party shall pay its own expense for its representative, counsel and witnesses. The fees
of the arbitrator, including the appearance fee of a court reporter, shall be shared equally by the parties.
(c) The decision of the arbitrator shall be final and binding upon both parties, except that either
party may petition for review in the circuit court. The arbitrator shall have no power to amend, add to,
or subtract from the terms of this Agreement in rendering his decision and such decision shall be limited
to determination and interpretation of the explicit terms of this Agreement. If the City has denied the
grievance on the basis that it was not timely filed and processed as required by this Article and if the
arbitrator finds that the grievance was not timely filed or processed, then the arbitrator shall have no power
to grant relief. No decision of the arbitrator shall create a basis for retroactive adjustment in any other
case.
(d) Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority
of this Agreement shall be furnished to both parties within thirty (30) calendar days from the date of the
hearing.
(e) The arbitrator shall arbitrate solely the issue presented.
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(f) Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based solely
on the originally written grievance submitted in the grievance process.
Section 7.
Grievance and Arbitration Request Forms
The parties agree to utilize the grievance process forms and Request for Arbitration forms which
are attached as Appendix A.
Section 8. Grievances arising out of the discharge, demotion, or suspension of a bargaining
unit employee shall be initiated at Step 3 of the grievance procedure.
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ARTICLE 4
NO STRIKE
Section 1. The Union agrees that during the term of this Agreement it shall not authorize,
instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, work stoppage or any
other act of like or similar nature likely to interfere with the efficient operation of the City's affairs
engaged in or supported by members of the Union and/or employees represented by the Union or other
agencies or representatives of the Union or its affiliates.
Section 2. Should the Union or its member employees covered hereunder within the City's
Police Department breach this Article, then the City may proceed to the appropriate court and, without
notice, obtain a temporary restraining order against such breach.
Section 3. Should any member of the bargaining unit be found guilty of striking as defined in
Chapter 447, Florida Statutes, he shall be subject to dismissal, and it is expressly agreed that such violation
constitutes just cause for dismissal.
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ARTICLE 5
STEW ARDS
CHECKOFF AND F.O.P. BUSINESS
Section 1. During the term of this Agreement, and except as provided below, the City
agrees to deduct the basic and uniform membership dues owed by the employee to the Union on a
biweekly basis, provided that prior to any such deduction the Union has provided the City with a
signed statement from each said employee for whom dues are to be made that such deduction is
authorized, provided further that such authorization is in a form satisfactory to the City. Any
authorization for dues deduction may be cancelled by the employee upon thirty (30) days' written
notice to the City and the Union and shall be discontinued in the event the employee is terminated or is
transferred, promoted or otherwise moved out of the bargaining unit. The City will not deduct any
Union fines, penalties or special assessments from the pay of any employee.
Section 2. In the event that an employee's salary earnings within any pay period, after
deductions for withholding, pension or social security, health and/or hospitalization insurance or other
standard or legally required deductions, are not sufficient to cover the basic and uniform membership
dues, it will be the responsibility of the Union to collect its dues for that pay period from the
employee.
Section 3. The Union shall indemnify, defend and hold the City, its officers, officials,
agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise) and
for all legal costs arising from any action taken or not taken by the City, its officials, agents and
employees in complying with this Agreement. The Union shall 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.
Section 4. The stewards of the Union shall consist of the elected officers of the Union,
subject to a limit of four (4) persons and four (4) alternates. If the Union has more than four (4)
officers, it shall designate the four (4) who will serve as stewards. The Union will submit a list of the
four elected officers who will serve as stewards and the four (4) alternates to the Police Chief and to
the Deputy City Manager.
(a) Any steward who feels unqualified to represent a member on any matter will be permitted
to contact the Union president who shall then serve as the representative of the member.
(b) A steward shall not investigate or otherwise handle grievances during working hours
without the specific, expressed consent of the Division Commander. A steward shall not investigate his
own grievance or otherwise represent himself.
Section 5. The Union shall be allowed up to ten (10) working days (of 8 hours each) of
time off without loss of pay per year for the purpose of attending official F.O.P. functions, meetings or
conferences. Requests for use of this Union 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 Union 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 without loss of pay provided that, in his sole and unlimited discretion, the efficiency of
operation o.f the department will not be interfered with or impaired. Any portion of the ten (10) days
of Union 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. Bargaining
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umt mem ers uti Izmg mon time. un er e prOVISIons 0 IS sectIon s a not e e IgI e unng e
time of utilization for Worker's Compensation benefits in case of injury. In any event, absence from
duty for Union business shall not be approved which requires a Union member to be off duty for
periods in excess of two (2) consecutive work shifts. Extension of any consecutive time off for Union
members over and above two (2) consecutive shifts may be granted solely at the discretion of the Police
Chief. Requests for Union time off must be made on the designated form (Appendix B).
Joint related business between the City and the Union shall not be subject to deduction from
Union time under this section. However, the Union acknowledges that such time needed for arbitration
hearings will be chargeable to the account.
Section 6. The Union shall designate a Civil Service Liaison Officer who may, on request,
be relieved from duty with no loss of pay for the purpose of attending Civil Service Board Meetings,
unless the efficiency of operation of the Department will be interfered with or impaired in the sole and
unlimited discretion of the Chief of Police or his designee. In addition, two Union officers may, on
request, and at the discretion of the Chief or his designee, be relieved from duty with no loss of pay
for the purpose of attending official Union meetings, unless the efficiency of operation of the
Department will be interfered with or impaired.
Section 7. The President of the local Union or his designee shall be forwarded a copy of
the agenda in advance of every regular City Commission meeting.
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ARTICLE 6
NO DISCRIMINATION
Section 1. The City agrees to continue its policy of not discriminating against any employee
for any reason prohibited by applicable state or federal law. Any claim of discrimination by any employee
against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of
the Grievance Article of this Agreement, but shall be subject to the matter of review prescribed by law or
by rules and regulations of appropriate state or federal agencies having the force and effect of law.
Section 2. The Union and its officers agree to support federal and state laws and regulations
thereunder which have the effect of law and to abide by them, and further to encourage all bargaining unit
members to comply with such laws and regulations at all times. From time to time, as the City issues
policy statements or develops specific training programs concerning areas of prohibited discrimination
under federal laws and regulations, the City may submit such policies and/or programs to the Union for
their review and consideration for endorsement. If the Union determines not to endorse the policy and/or
program, it shall advise the City of its reservations which have precluded it from endorsement.
Section 3. 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 the Union and the City
shall not discriminate against any such employee because of membership or non-membership in any
employee organization. The Union acknowledges that it is the sole representative of bargaining unit
employees. However, the Union has no obligation to prosecute grievances under this Agreement for
non-members.
Section 4. The City and the Union jointly concur that 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.
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ARTICLE 7
WORK RULES AND PERSONNEL PRACTICES
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Section 1.
Sick/Injury Leave
below:
(a) Members of the bargaining unit shall accrue sick/injury leave in accordance with the schedule
Scheduled Pay
Period Hours
Sick/Injury Leave
Hours Accrued
Per Pay Period
Number of Yearly Pay
Periods Sick/Injury
Leave Is Accrued
Yearly
Sick/Injury
Leave Hours
80
5.0
24
120
(b) Subject to the schedule contained herein, sick/injury leave may be accumulated for each of the
twenty-four (24) pay periods within the annual period that the employee is in a pay status, except when
he is on borrowed sick/injury leave, provided, however, that the maximum sick/injury leave accrual for
employees hired prior to October 1, 1990, shall be 2400 hours. For employees hired on or after
October 1, 1990, the maximum sick/injury leave accrual shall be 2080 hours.
(c) All accumulated unused sick/injury leave shall be credited to any -employee recalled from a
layoff, transferred, or certified to another department or classification without break in service, appointed
from a reemployment list or returning from a leave of absence. If the employee is promoted, demoted or
transferred to another city position with a different scheduled pay period hours other than that defined
above, that employee's sick/injury leave balance will be adjusted to reflect equivalent days of sick/injury
leave earned, consistent with his new scheduled pay period hours.
(d) In the event an employee has been separated and paid for accumulated unused sick/injury leave
as hereinafter provided; or has been dismissed for cause and subsequently is re-employed by the City, his
subsequent sick/injury leave accumulations shall be calculated as a new employee. This shall not apply
to an employee reinstated through a grievance procedure.
(e) Under the provisions of this section, an employee may utilize his sick/injury leave for absences
from duty necessitated by illness or injury as otherwise allowable under Section 1(t) hereof on any of his
regularly scheduled work days for the number of regular hours he would otherwise have been scheduled
to work on that day had not such absence occurred as a result of the illness or injury or other allowable
reason. Absence for a fraction of a day that is chargeable to sick/injury leave in accordance with these
provisions shall be charged by rounding to tenths of an hour according to the following:
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Minutes
1-6
7-12
13-18
19- 24
25-30
31-36
37-42
43-48
49-54
55-60
Tenths of an Hour
.1
.2
.3
.4
.5
.6
.7
.8
.9
1.0
, (t) Sick/injury 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 his on-duty supervisor
of his district or division at least one-half hour prior to his regularly scheduled reporting time of his
absence, the specific reason therefor, and where (phone number and address) he will be while on
sick/injury leave. This address and phone number will be updated whenever the address or phone number
changes during the period of sick/injury leave. Failure to do so may be the cause for denial of sick/injury
leave with pay for the period of absence and other disciplinary action..
(h) In the event that an employee's current illness or physical incapacity should continue beyond
the point where his accumulated unused sick/injury leave has been exhausted, he may, upon written request
and the approval of his Department Director and City Manager, and when substantiated by a statement
from competent medical authority substantiating the continuance of such illness or incapacity, obtain a
sick/injury leave advance up to but not exceeding the amount of accumulated unused sick/injury leave
which the employee had to his credit at the time such current illness or physical incapacity began. The
Personnel Director shall be immediately notified in writing of any such advance which shall be charged
against the employee's sick/injury leave account thereby creating an overdraft position. Such overdraft
shall have the. status of a loan by the City to the employee and shall be repaid:
(1) By the subsequent accumulation of sick/injury leave in the amount necessary to retire such
loan, or
14
(2) By repayment to the cfty of such portion of the salary previoust paid to the employee under
the foregoing provisions as might be necessary to retire such loan.
The employee shall not be entitled to use any additional sick/injury leave until the loan has been
repaid and in the event of his separation prior to such repayment, the City shall retain from the monies
otherwise due the employee an amount sufficient to retire such loan. Provided, however, that if the
separation is the result of the death of the employee, the loan shall be forthwith cancelled and no claim for
repayment shall be filed against his estate. The employee shall not accumulate sick/injury leave while
being paid with borrowed sick/injury leave.
(i) Upon separation from the City service, an employee shall be paid for one-half (1/2) of his
accumulated unused sick/injury leave, provided:
(1) That 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 time of
separation for which his accumulated unused sick/injury leave will be charged with twice the number of
regularly scheduled hours of work for that employee in such biweekly period. If an employee is separated
upon the termination of a leave of absence or the effective date of a resignation executed under the
provisions of paragraph (3) of this subsection, the rate of payment shall be based on the regular biweekly
salary of the employee (including longevity) at the beginning of his leave of absence or the date the
resignation was effective, and
(2) That at the time of separation, the employee has had at least five (5) years of continuous
service with the City. Leaves of absence without pay, suspensions and layoffs followed by subsequent
reemployment shall not be considered as breaks in service; provided, however, that the length of such
time-off or layoff shall be deducted from the total length of service except that military leaves and leaves
during which the employees are receiving Workers' Compensation shall not be deducted, and
(3) That the separation is involuntary on the part of the employee to the extent that it is occasioned
by disability (incurred on or off the job) or that it is occasioned by action of the City due to material
changes in procedures or organizations or for other reasons of like character as distinguished from reasons
such as voluntary separation to seek or accept other employment, relocate, attend school, care for relatives
or 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/injury leave payment. Notwithstanding the foregoing provisions of this paragraph, an employee who
may otherwise be eligible for retirement under the City Employee's Pension Plan or Federal Social
Security, or who may be approaching such eligibility date, and whose purpose in leaving is to retire under
either program, may utilize one-half (1/2) of his accumulated unused sick/injury leave to the extent thereof
to advance his retirement date provided the employee was originally employed by the City prior to October
1, 1990. In that event the employee shall execute a resignation to become effective on the date that such
accumulated unused sick/injury leave would be exhausted. Such resignation shall be irrevocable and
retirement shall begin at the time such resignation becomes effective. In the interim, payment for
accumulated unused sick/injury leave shall be made as a continuation of the employee's regular biweekly
salary (including longevity) from which all regular payroll deductions shall be made in order to preserve
his retirement status. Accumulated unused sick/injury leave will be charged as outlined in paragraph (1)
of this subsection.
(4) Employees hired prior to October 1, 1990, and retmng after the effective date of this
Agreement and who are eligible to receive payments under the other provisions of this section shall be
entitled to receive one-half of their accumulated unused sick/injury leave towards early retirement; or
receive a lump sum payment for one-half accumulated unused sick/injury leave, or split their accumulated
15
1 I
unused sick/injury time at one-quarter pay and one-quarter early retirement time. Employees hired on or
after October 1, 1990, and who subsequently retire and who meet eligibility requirements under this section
shall receive a lump sum payment for one-half of their accumulated, unused sick/injury leave and shall not
be entitled to use any unused sick/injury leave to advance their retirement date. Accumulated unused
sick/injury leave shall be charged as outlined in paragraph (1) of this subsection.
(5) Any sick/injury leave taken after the effective date of this Agreement as the result of a
line-of-duty injury shall be added back to the employees unused accumulated sick/injury time at the time
of retirement. However, when an employee retires on disability, the sick/injury leave used for that
disability shall not be added back.
(j) An employee may not utilize his accumulated sick/injury leave reserve for absences resulting
from an injury arising out of and in the course of employment, other than City employment, for which
monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated
sick/injury leave, or who attempts to utilize accumulated sick/injury leave, for absences resulting from an
injury arising out of and in the course of employment, other than City employment, may be suspended or
terminated.
(k) The employee shall be required to submit evidence in the form of a medical certificate of the
adequacy of the reasons for his absence during the period of time for which sick/injury leave is granted:
(1) When the illness of an employee necessitates an absence for three (3) consecutive scheduled
work days or more;
(2) When requested by the Department Director;
(3) When an employee's illness or injury is of a long-term nature, the employee shall be required
to submit an update medical report from his physician every thirty (30) days. This report must indicate
the date of the employee's last visit to the physician; nature of the illness or injury; current medical status
of the employee; and projected date of return to work of the employee. The medical report must be from
a medical doctor.
(I) Sick/Injury Leave Incentive Program.
In any full calendar year period that a bargaining unit employee uses no sick/injury leave, the
employee will be allowed to convert two (2) days of sick/injury 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/injury leave, the employee will be allowed to convert one (1) day of sick/injury
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
16
for the period of the military servte required of him and on completion thteof, be reinstated in the City
service in accordance with the following regulations:
(a) Military leaves shall be granted in accordance with the provisions herein except where said
provisions may be superseded by federal law:
(1) For inductees, the minimum period of time required to be served;
(2) For enlistees in time of war, the period of the first minimum enlistment, or for such additional
period of time required to be served;
(3) For reservists, the minimum period of time required to be served.
(b) For the purpose of this section, "armed forces" shall be defined to include:
(1) The Army, Navy, Marine Corps, Air Force, Coast Guard and National 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 ninety (90) calendar days from date of
discharge or release, or from hospitalization continuing after discharge for a period of not more than one
year. Such application shall be in writing to the Personnel Director and shall be accompanied by evidence
of honorable discharge or release.
(d) Upon return from military leave, 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 or returned to a former position' in which he had acquired
permanent status and the returning employee reinstated.
(4) If a returning employee has regular status and cannot be reinstated under the provisions of
paragraph (3) above, then the employee having been employed in the appropriate class for the shortest
period of time shall be laid off or returned to a former position in which he had acquired permanent status
and the returning employee reinstated.
(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 examinations after his return that he
would have been eligible to take had he not been on military leave and to complete any uncompleted period
of probation. No grievance shall be filed by any other employee in connection with this paragraph.
17
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(6) He shall submit to suJ. medical and/or physical eXaminatiOns.! the appointing authority shall
deem necessary to determine whether or not such military service has in any way incapacitated him for the
work in question; provided, however, that as far as practicable, any employee returning with disabilities
shall be placed in such employment as the appointing authority shall deem suitable under the circumstances.
(7) Any regular or probationary employee receiving a dishonorable discharge from the armed
forces shall not be reinstated to any position in the City service.
(e) An employee granted a military leave of absence shall, insofar as possible, have all the rights
and privileges he would have had if he had remained on duty, including cumulative seniority and, except
as otherwise provided in this Agreement, applicable Civil Service/Personnel Rules, or City benefit policies,
all other benefits dependent on length of employment to the same extent as if he had not been absent on
such leave.
(t) An employee returning from military service shall be reinstated to active City service at the
earliest possible date following application for such reinstatement, consistent with the best interests of the
City service and taking into consideration necessary adjustments of staff. In no event, however, shall this
period be more than thirty (30) calendar days. The City shall have the right to, as part of the employee's
duties upon returning to work, 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 when such time off does not, in the judgment of the Police Chief, interfere with the operations of
the Department:
(a) For participation in promotional examinations held by the City~
(b) For serving on a jury. The employee shall 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 the Reserve Component or the
National Guard falling on the employee's regularly scheduled work days up to a maximum of seventeen
(17) work days per year without loss of seniority rights or efficiency rating. Absence from duty for
required military reserve training in excess of seventeen (17) days per year or for any non-required military
reserve training for which the employee initially volunteered shall not be compensated by the City. A copy
of the employee's military orders certifying his training assignment shall be submitted by the employee to
the Police Chief immediately upon 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 to the City of such training assignments. Failure to provide any of the timely notices
herein required of an employee's military orders to the Police Chief shall be considered just cause for
disciplinary action not to exceed a three (3) day suspension.
(e) When directed by the City Manager or Police Chief to attend professional or other conventions,
institutes, courses, safety meetings or other meetings, including in-service training or in-service meeting.
18
An employee may be grJed time off without pay for attendance lat meetings other than those
specified in Section 3 (a) through (e) above, or to attend to urgent personal business, provided that such
employee shall request approval from the Police Chief in sufficient time to permit the 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.
With the prior approval of the City Manager and 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, or employees or their spouses, or for military or fraternal funerals. Such time
off may be granted with or without compensation at the sole and unlimited discretion of the Police Chief
and the City Manager.
Section 4.
Leave Without Pay
A regular employee may, on written application therefor, be granted a leave of absence without pay
upon the prior approval of the appointing authority for any of the following reasons:
(a) Because of the physical or mental disability of the employee;
(b) Because the employee has announced his candidacy for public office;
(c) Because the employee is entering upon a course of training and/or study for the purpose of
improving the quality of his service to the City and/or of fitting himself for promotion in the classified
service;
(d) Because of extraordinary reasons, sufficient in the opinion of the appointing authority, to
warrant such leave of absence.
(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.
Leave for any of the above reasons shall be subject to the following regulations:
(1) Such leave shall not be granted for more than six (6) months, but may under the provisions
of the paragraphs above, be renewed upon written application therefore by the employee and approval of
the appointing authority.
(2) An employee granted a leave of absence hereunder shall, except as hereinafter provided, be
restored to his former position on the expiration of leave, or, if requested in writing by the employee and
approved by the appointing authority, before the expiration thereof.
(3)" In the event that it is determined by the appointing authority that it would not be in the best
interest of the City to restore such employee to his former position or in the event that his position has been
abolished in the meantime, he shall be placed at the head of the reemployment list for the class or positions
nearest approximating that in which he was employed immediately prior to such leave, provided he is
physically and mentally qualified for such position. Should the names of two or more employees returning
from leave be placed on the same reemployment list, the names shall be arranged in order of seniority.
19
Time off with compensatil under any of the provisions of this AgrJement (including vacation and
sick/injury 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, spouse's telephone number or address and
school of their children will not be furnished.
Section 6.
Residency Requirement
Employees in the bargaining unit hired on or after December 15, 1986, are required to establish
and maintain their bona fide, permanent residence within the geographical boundaries of Pine lias County.
Violation of this provision may be grounds 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.
Section 8.
Seat Belt and Safety Equipment Use
(a) All employees are required to wear seat belts when driving or riding as a passenger in any City
vehicle or in a personal vehicle while on city business, except in cases of operational necessity or when
a city vehicle does not have available seat belts. Whenever the employee is furnished with City safety gear,
he shall wear it whenever he is required to wear safety gear on duty.
(b) The City shall provide each bargaining unit member 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 where required while on duty. Bulletproof vests shall be accessible to
bargaining unit members for use where required for use in situations as defined by Departmental policy.
Section 9.
Outside Employment
Outside employment of bargaining unit members shall be subject to provisions of the City's Civil
Service or the Departmental Rules & 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.
20
Section 10.
productivL
I
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 cost 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 police and related 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 .
Section 11. Take-Home Cars
The City reserves the exclusive right to determine if and when bargaining unit members shall be
allowed to take city vehicles home and further retains the right to discontinue any current usage at any
time.
Section 12. Police Officers' Bill of Rights
It is understood and agreed that all unit members shall enjoy those protections afforded under
Sections 112.531, 112.532, 112.533 and 112.534, Florida Statutes (1989), commonly known as the Law
Enforcement Officer's Bill of Rights.
21
I
ARTICLE 8
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.
22
I
ARTICLE 9
EXISTING RULES
I
Section 1. Any Police Department rule, regulation, policy or procedure in existence at the time
of adoption of this Agreement which is in conflict with any provision of this Agreement shall be resolved
by modification of such rule, regulation, policy or procedure to be compatible with this Agreement.
Section 2. Employees shall be required to observe and comply with department regulations
governing their employment as set forth in any departmental procedures and such special and general
orders and written communications now existing or which may hereafter be promulgated which are not in
conflict with this Agreement.
Section 3. No disciplinary action shall be taken for violation of a newly established or amended
and posted rule or regulation until at least forty-eight (48) hours after initial posting.
Section 4. The President of the F.G.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 or performance for members
of the bargaining unit.
23
I ARTICLE 10 I
DUTIES OF POLICE SERGEANTS AND POLICE LIEUTENANTS
Section 1. The Union agrees that the duties of Police Sergeants and Police Lieutenants involve
both the performance of general police duties and the supervision of designated police personnel. The City
agrees that no Police Sergeant or Police Lieutenant shall be required to perform duties or functions not
reasonably consistent with the job specifications and duties as set forth in their respective job descriptions
or reasonably related to the performance of functions of the Police Department.
Section 2. The City agrees that Police Sergeants and Police Lieutenants shall not be required
to change automobile tires except in 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.
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"
I
ARTICLE 11
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. Seniority in rank will be utilized to
determine vacation selection and selection of floating holidays. It shall also be used for bidding for shift
assignments, provided that skills and qualifications are substantially equal and except as provided in Section
2 hereof.
Section 2. Bargaining unit members shall be permitted to bid shift assignments by seniority in
rank but the Department reserves the right, in its sole discretion, to ensure that officers with specialized
skills are appropriately deployed among the shifts and to ensure that officers with limited tenure in their
job classification are distributed relatively evenly among the shifts. An employee who is placed on light
or restricted duty shall have bidding rights for shift assignments, but has no assurance of the assignment
until he resumes full duty status.
Section 3.
An employee shall lose his status as an employee and his seniority if he:
(a) resigns or quits;
(b) is discharged or terminated (unless reversed through the grievance or arbitration process);
(c) retires;
(d) does not return to work from layoff within ten (10) calendar
days after being notified to return by certified mail addressed to his last address filed with the Personnel
Department;
(e) has been on layoff for a period of two years;
(t) is absent from work, including the failure to return from
leave of absence, vacation or disciplinary action, for three (3) consecutive working days without notifying
the Department, except where the failure to notify and work is due to circumstances verified as being
beyond the control of the employee and which are acceptable to the City.
Section 4. In the event that the City determines layoffs are necessary, the City agrees to
negotiate with the Union concerning the conditions of such layoffs and recalls.
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,
I ARTICLE 12 I
PROMOTIONAL PROCEDURE
Section 1.
Eligibility
All Police Sergeants shall be eligible to compete in the promotional process held by the City for
the classification of Police Lieutenant provided they have met the minimum qualification requirements
established by the City Manager.
Section 2.
Promotional. Exams
The promotional process to establish an eligibility list shall be announced and scheduled when there
is no existing eligibility list or when there are less than five (5) available names on such list. In either
case, the promotional process will be administered within thirty (30) days of the expiration of the existing
eligibility list, when practical.
Section 3.
Testing Process
(a) The promotional process shall be competitive. It shall be based upon the education and training
of the candidates as detailed in a written Training and Experience questionnaire (T & E) and their
experience in the Clearwater Police Department.
(b) Prior to development of the T & E, the Union shall be permitted to designate two (2) Union
representatives of any rank to meet with two (2) members of the Human Resources Department and a
representative of the Police Administration Department of St. Petersburg Junior College for the purpose
of providing input into the establishment of weights to be applied to the job-related factors on the T & E.
(c) The T & E shall be developed by the Human Resources Department of the City of Clearwater.
The completed T & E shall be reviewed by a top official of the Police Administration Department of St.
Petersburg Junior College for the purpose of providing advisory recommendations to the Human Resources
Department.
(d) The test shall be administered by the Personnel Director or by persons designated by him and
at such hours and in such places as in the judgment of the Personnel Director will be most consistent with
the best interests of the City.
(e) The Union and its members agree that if the steps herein are followed, the testing procedure,
job-related factors, and weights shall not be grievable.
Section 4.
Certification and Appointment
In certifying from the promotional list for the filling of a vacancy in a permanent position, the
Personnel Director shall certify the names of those persons standing highest on the Eligible List consistent
with the Rule of Five Rou~ded Scores. The Police Chief shall provide each certified eligible with the
opportunity to be interviewed for the designated vacancy, provided, however, that if a candidate has been
interviewed within the past one hundred and twenty (120) days for the position of Police Lieutenant, such
candidate shall not have to be interviewed. (All such candidates shall be treated uniformly as to being re-
interviewed or not being re-interviewed.) Selection from the Eligible List shall be at the sole discretion
of the Police Chief and shall not be grievable.
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<
Section 5.
Eligible Lit
I
The Promotional Eligible List resulting from the competitive T & E process shall be established
for the term of two years from the date of the establishment of the list.
Names of eligibles for Police Lieutenant shall be removed from the Eligible List by operation of
anyone of the following:
(a) Expiration of the life of the list.
(b) Appointment through certification and selection from such list to fill a
permanent position of Police Lieutenant.
(c) Declination of appointment when appointment is offered by the
Police Chief.
(d) Separation from the City service of the eligible.
(e) Removal from the employment area designated by the City when
such residence was required as a condition of employment or previous promotion.
(f) Determination by the City that the eligible willfully or knowingly gave false or wrong
information, withheld information, or was evasive in responses relating to his employment background,
training, education or character.
Section 6.
Probation
An employee initially appointed or promoted to a class within the bargaining unit (Police Sergeant
or Police Lieutenant) shall serve a probationary period of six (6) mQnths of active service during which
he shall have the opportunity to demonstrate to the satisfaction of the Police Chief his suitability for the
job. In the event the employee is, for any reason, absent from duty for an accumulated period of fifty-six
(56) scheduled work hours or more, then all such time to the full extent thereof shall be added to and
thereby extend the probationary period. The employee shall attain permanent status in the class, subject
to approval by the City Manager, upon successful completion of the probationary period and the submission
to, and concurrence of the Police Chief on a written request for permanent status designation form.
An employee who, during the probationary period, does not demonstrate suitability for the class,
as determined by the Police Chief, shall be notified in writing and shall be demoted to his former
classification. An employee serving a probationary period within the bargaining unit shall not be entitled
to appeal his non-successful probationary period and his return to his former position.
27
I ARTICLE 13 I
DIRECT ECONOMIC PROVISIONS
Section 1.
Holidays
(a) There shall be ten (10) 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 1st
When Observed
February 22nd
May 30th
July 4th
1st Monday in September
November 11
4th Thursday in November
December 25th
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.
(b) In the event that one of the above named holidays occurs during the course of an employee's
vacation, then the employee's vacation shall be extended one day.
(c) In the event that one of the above named holidays occurs while an
employee is on paid sick/injury leave, the employee shall receive holiday pay at his straight time rate and
shall not be charged sick/injury leave pay for that day. In the event the employee is on sick/injury leave
without pay, or any other form of time off without pay, the employee shall not be paid for the holiday.
(d) Employees who work on Christmas Day, New Year's Day, Independence Day, and
Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay.
(e) An employee may be required to work all or part of any holiday even though it may be his
regularly scheduled day off.
(f) In addition to the holidays named above, employees shall be entitled to three (3) floating
holidays. These days may be days off with pay and taken at the employee's request provided that
operations will not be interfered with. Floating holidays shall be awarded each October 1 and must be
taken by September 30 of the following year. An employee may elect to take one, two, or all three
floating holidays as a cash stipend. In that case, the employee will be paid at the rate of eight (8) hours
for each floating holiday for which the employee makes this election.
28
'"
Section 2.
Vacations J
I
(a) Employees shall be entitled to an annual vacation leave with pay at his regular hourly rate in
accordance with the provisions hereinafter set forth.
(b) The vacation year shall be a calendar year and, except as hereinafter provided, the vacation
shall be deemed to have been earned in the calendar year immediately preceding the calendar year in which
it is taken or becomes due. Any vacation heretofore taken shall be construed to have been earned prior to
the time it was taken. Except when specifically requested by the Department head and approved by the
Personnel Director vacation leaves may not be anticipated but shall be taken as herein provided.
(c) During his continuous service as hereinafter defined, such employee shall become eligible for
a vacation on the first day of each succeeding calendar year.
(d) For the purposes of this section, continuous service shall mean employment by the City in a
position in the classified service without interruption or break as defined by the provisions of Section 3 of
Rule 10, Civil Service Rules.
(e) Compensatory time off may, with approval of the appropriate department head, be taken in
conjunction with a regular vacation. In such event, the department head shall certify that the employee is
in fact entitled to such compensatory time off and that he has authorized its use in conjunction with a
regular vacation.
(f) 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.
In addition to accrual of vacation as provided above, 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 indicted, but to continue to work, one-half of the accumulated vacation may be held in reserve (up to
three weeks) until the employee does retire; the remaining one-half shall be forfeited.
(g) Upon the granting of a military leave of absence (for that leave described in Article 7, Section
2, of this Agreement) to an employee he shall be paid for the unused portion of his vacation leave for
which he may at that time be eligible. Employees returning to the City service from a military leave shall
be deemed to have earned a vacation in the calendar year in which they return to said City service and shall
be eligible for such vacation on the first day of the next succeeding calendar year.
(h) An employee absent under the sick/injury 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.
29
(i) The City agrees to coltinue the current vacation schedule for 4e 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
(j) An employee may petition the Chief of Police or his designee, for permission to split his
vacation time. Such permission will be granted if, in the sole discretion of the Chief, such an arrangement
would not be detrimental to the administration of the department.
(k) In the event that a death in the family occurs while the employee is on vacation, the employee
shall be entitled to Funeral Leave under that Section of this Article; provided the employee notifies the
Department of such death prior to the end of his vacation. Time charged to Funeral Leave shall not be
charged against the employee's vacation time. In the event that the employee cannot notify the Department
of the death 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.
(I) Where an illness of three (3) or more days occurs during a vacation, an employee may charge
this time to sick/injury leave, and such time charged to sick/injury leave shall not be charged against the
employee's accrued vacation. In such event the employee shall be required to provide a doctor's certificate
as provided in Article 7, Section 1, paragraph (k).
(m) An employee, upon termination, shall be entitled to receive all accrued unused vacation pay
that remains at the time of termination.
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 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. Recall specifically excludes court appearances. Any employee
recalled while on vacation shall be paid at time and one-half for all hours worked on the recall assignment.
Section 4.
Acting In Higher Position Pay
If an employee serves in a higher capacity on an acting basis for twenty (20) consecutive work days
or more, he shall receive the appropriate pay for the acting r~ retroactive to the date he assumed that
status. The appropriate pay shall be defined as 5 per cent above the employee's base pay.
When a bargaining unit employee is designated to serve in an acting capacity as a Police Captain,
such employee shall remain eligible to receive shift differential pay and overtime, but not assignment pay;
30
however, any provisions of this Alreement which restrict the City's abilitylto schedule hours of work or
shifts shall not apply.
Section s.
Court Attendance
Any employee whose appearance is required in county or circuit court as the result of a matter
arising out of the course of his employment shall receive a minimum of three (3) hours pay if such
attendance is during the employee's regularly scheduled time-off. This provision shall also apply when
the employee is subpoenaed to appear at the State Attorney's 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 (2) hours pay unless the Traffic Court is convened outside the officer's assigned area
in which case, the officer will receive a minimum of three (3) hours pay. All time paid for any court
attendance will count as time worked.
In all instances of court appearances scheduled less than three (3) hours prior to an employee's tour
of duty, the employee will be deemed to have started work at the time indicated on the subpoena and will
be paid for all hours worked in excess of eight (8) hours. In all cases, the employee will be responsible
to inquire of the department designee between 1600 hours of the day preceding and 0700 hours of the date
of the scheduled court appearance so as to ascertain the status of the case and receive instructions.
An employee 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 (3) hours pay. In the event the employee is called to report to court
during the time he is on standby, he will be paid only for the actual hours spent on standby without benefit
of the three (3) hours minimum. Standby time shall be excluded from hours worked computations.
Section 6.
Physical Examinations and Inoculations
(a) The City and Union agree that the physical fitness of police officers is of importance to insure
the public of quality police service. The City will provide, at no cost to the employee, free and mandatory
annual physical examinations for each employee. All employees whose physical fitness or 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
physical fitness 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 and/or dietary program in an effort to improve their physical fitness and health to the point
consistent with designated standards. Such programs shall be completed within prescribed time periods
of not less than three (3) months nor more than six (6) months. Such employees shall be subject to
disciplinary action up to and including termination for failure to participate in fitness rehabilitation
programs as referenced hereunder.
(b) In the event that the Department determines that an officer requires an inoculation or
immunization as the result of exposure to a disease or illness in the line of duty, then the same
immunization or inoculation will be made available to the members of the employee's household.
(c) Physicals will be administered no less than ten (10) months and no more than eighteen (18)
months apart.
31
(d) The Department willlempt to schedule physicals while the eJ,IOyee is on duty. Any annual
physical fitness exam will also be administered during the employee's on-duty time. Work schedules of
affected employees may be subject to change in order to accomplish this objective but only if the
examinations cannot be scheduled during normal work hours. It is the employee's responsibility to ensure
that the physical is completed, and no employee shall be paid for time spent taking a physical unless that
time falls within his assigned shift.
Section 7.
Funeral Leave
Each employee shall be allowed up to four (4) days funeral leave with no loss of pay and no charge
against sick/injury leave in the event of a death in the "immediate family." Death in the "immediate
family" shall be defined as a death of a spouse, child, mother, father, grandmother, grandfather,
grandchild, brother or sister of the employee or the employee's spouse.
Additional funeral leave for a death in the immediate family may be requested in accordance with
current rules and regulations.
Each employee shall be allowed up to two (2) work days at anyone time for a death of a member
of the "close family" chargeable to sick/injury leave. "Close family" shall be defined as the following
family members: stepparents; stepchildren, stepbrothers, stepsisters; brother's wife; sister's husband.
Additional time, chargeable to sick/injury leave, may be requested in accordance with current rules and
regulations.
An employee must attend the funeral in order to receive pay for a death in the family.
Section 8.
Uniform Allowance
(a) The City shall continue to provide the uniforms and equipment currently provided by the City,
except that the City may make changes in styles or update equipment as it deems appropriate.
(b) Employees assigned to positions outside the uniform patrol division where such employee is
required to wear a suit or sport coat shall receive a plain-clothes allowance of $750.00 the first year of the
contract, $650.00 the second year, and $650.00 the third year.
(c) Persons transferred to plain-clothes duty shall be permitted to retain at least one uniform.
(d) The City may determine the most appropriate way to pay uniform allowance; e.g., biweekly,
monthly, quarterly, annually. Further, the City may change the manner in which the allowance is paid
provided that employees are given not less than thirty (30) days' notice of the change and that the change
does not reflect a reduction in the annual amount to be paid.
Section 9.
Line-of-Duty Injury Pay
The City hereby agrees to pay the 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 Worker's Compensation Law.
32
(c) The amount of complsation paid shall be the amount reqUire) to supplement funds received
from the Florida Worker's Compensation Law and any other disability or other income plan provided by
the City, either by law or by agreement, to the point where the sum of the supplement herein provided and
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. In such case, the sick/injury leave taken by the
employee will be credited back to the employee's accrued sick/injury leave account.
(e) The term 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 the 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 Worker's Compensation Law shall control.
(g) The maximum period for which payment may be made under this section shall be ninety (90)
days from the date of injury for each injury, including recurrences thereof. No payment made by the City
during said period shall be charged against any sick/injury leave which the employee may have accrued.
This provision may be extended for another ninety (90) days at the sole discretion of the Appointing
Authority. Upon completion of the ninety (90) day period, or any extension thereof, the employee shall
revert to use of his accumulated sick/injury leave as provided elsewhere in this Agreement.
(h) The City shall have the right to require the employee to have a physical examination by a
physician of its choice prior to receiving or continuing to receive compensation under this section.
(i) Failure to report a line-of-duty injury (when it becomes evident to the employee), or failure to
report an event that could result in an injury, to either the employee's immediate supervisor, the City
Nurse, the Safety Officer, or the Police Chief, and to file the necessary written report on proper forms
within one (1) work day after reporting the injury or event shall cause the City to not pay the compensation
under this section. It shall be the employee's responsibility to prove the injury occurred while on duty.
Section 10. Insurance
The City agrees to meet with the F.O.P. and other City of Clearwater Unions' representatives to
review the health and life insurance programs for the purpose of reducing the cost of such programs for
the City and the employees.
The City further agrees to provide the F.G.P. with such information as it has available 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.
33
Section 11. Work ~k and Overtime
I
A. Normal Work Week
The normal work week for employees in the bargaining unit shall consist of forty (40) hours of
working time. Generally, the employee will work five (5) days of approximately eight (8) hours per day,
or four (4) days of approximately ten (10) hours per day; however, the City and Department may otherwise
establish and flex an employee's schedule as necessary in their judgment to best provide police services
in an effective and efficient manner. No employee shall be sent home prior to the end of his regularly
scheduled shift for the purpose of denying overtime pay; nor shall any employee have his work schedule
altered in an arbitrary or capricious manner.
B. Overtime
Employees shall be required to work overtime when scheduled or ordered by competent authority.
Employees shall be paid time and one-half their regular rate for all hours worked after the employee has
actually worked forty (40) hours in that work week. Only hours actually worked will count as hours
worked for the purpose of computing overtime pay, unless otherwise specifically provided in this
Agreement. Compensatory time, in lieu of overtime payment, shall be allowed up to a maximum amount,
at any time, of fifty-six (56) hours as provided in Section 13.
Section 12. Wages
A. Pay Schedule
The City shall provide a 4 % wage increase for each employee in the bargaining unit, effective
October 1, 1991; a 3 % increase effective October 1, 1992; and a 3 % increase effective October 1, 1993.
As a result of said adjustment, the pay schedule for Police Sergeants shall consist of eight (8) steps, and
the pay schedule for Police Lieutenants shall consist of seven (7) steps, as provided below:
Schedule for fiscal Y ear 1991-1992
Police Ser2eant Police Lieutenant
s.tm Biweekly Annual s.tm Biweekly Annual
1 1,294.18 33,648.58 1 1,569.98 40,819.58
2 1,345.94 34,994.54 2 1,632.79 42,452.59
3 1,399.78 36,394.18 3 1,698.10 44,150.50
4 1,455.77 37,849.97 4 1,766.70 45,934.30
5 1,514.00 39,364.00 5 1,837.37 47,771.57
6 1,574.55 40,938.35 6 1,910.86 49,682.36
7 1,637.53 42,575.78 *7 1,958.63 50,924.38
*8 1,678.47 43,640.22
34
J Schedule for Fiscal Year 1992-1993 I
Step Biweekly Annual S!m Biweekly Annual
1 1,333.00 34,658.00 1 1,617.08 42,044.06
2 1,386.32 36,044.32 2 1,681.77 43,726.02
3 1,441. 77 37,486.02 3 1,749.04 45,475.04
4 1,499.44 . 38,985.44 4 1,819.70 47,312.20
5 1,559.42 40,544.92 5 1,892.49 49,204.74
6 1,621. 79 42,166.54 6 1,968.19 51,172.94
7 1,686.66 43,853.16 *7 2,017.39 52,452.14
*8 1,728.82 44,949.32
Schedule for Fiscal Year 1993-1994
S!m Biweekly Annual ~ Biweekly Annual
1 1,372.99 35,697.74 1 1,665.59 43,305.34
2 1,427.91 37,125.66 2 1,732.22 45,037.72
3 1,485.02 38,610.52 3 1,801.51 46,839.26
4 1,544.42 40,154.92 4 1,874.29 48,731.54
5 1,606.20 41,761. 72 5 1,949.26 50,680.76
6 1,670.44 43,431.44 6 2,027.24 52,708.24
7 1,737.26 45,168.76 *7 2,077.91 54,025.66
*8 1,780.68 46,297.68
*Police Sergeants and Police Lieutenants shall be eligible for advancement to a 2-1/2 %
longevity step after serving four (4) years in their top merit step.
B. Rules for Administering the Pay Schedule
(a) Employees in the bargaining unit shall be eligible for performance review on their
promotional anniversary date on an annual basis and considered for subsequent merit step advancement
based on satisfactory evaluations, except as provided elsewhere in the provisions of this section.
Employees in the top step in their respective range shall not be eligible for merit increases; however,
an annual performance evaluation shall be conducted on the employee's promotional anniversary date.
(b) Responsibility for Performance Evaluations
Performance evaluations shall be based on a review of the employee's job performance and
adherence to departmental rules, regulations and procedures. Performance evaluations will be by the
employee's immediate supervisor and reviewed by Police Department senior management personnel and
the office of the Police Chief.
35
(c) Denial of Merit StJP Advancement and Effect Upon Advanlement
Employees who receive an evaluation on their promotional anniversary date of less than Satisfactory
shall not be granted a merit step advancement on their promotional anniversary date. Such employees may
be reevaluated after three months and, if then rated satisfactory, shall be granted a merit step advancement
on that date. The effective date of this increase shall be utilized for the purpose of determining subsequent
annuai merit review dates. If the three-month follow-up rating is still less than satisfactory, the employee
shall be reevaluated in another three months. If then rated satisfactory, the employee shall be provided
a merit step advancement as of the second three-month follow-up review. . The effective date of this
increase shall be utilized in the future as their promotional anniversary date for the purpose of determining
subsequent annual merit review dates. If still rated less than satisfactory, no merit step advancement shall
be made; and the employee will be evaluated on his regular promotional anniversary date.
Section 13. Compensatory Time
A. Compensatory Time Allowance
Employees will be provided the opportunity to request to be granted compensatory time, in lieu of
overtime payment, up to a maximum cumulative accrual of fifty-six (56) hours of compensatory time. At
no time may an employee's total accrual of compensatory time exceed fifty-six (56) hours. Compensatory
time accrual will be at time and one half for each hour selected in lieu of premium overtime payment.
Requests to use compensatory time shall be made to the appropriate Police Captain or other managerial
employee. Compensatory hours off shall be considered as hours work in computing overtime under this
article.
Section 14. Shift Differential
Employees :,hall be entitled to shift differential pay as set forth in this Section.
(a) For purposes of computing shift differential pay the following shift series and payments are
established:
Shift Series No.
100
200
300
Hours
2400-0700
0700-1600
1600-2400
Payment Per 14 Day Per
7%
0%
5%
The payments shall be computed as a percentage of the employee's base pay.
(b) An employee's shift differential shall be determined by the shift series into which the majority
of the hours of his regularly assigned shift for the scheduled shift cycle falls and without regard to the
starting or ending time of the employee's shift. Temporary shift or duty assignments of less than fourteen
(14) calendar days shall not entitle an employee to shift differential pay.
(c) Shift differential pay shall be paid to any employee regularly assigned to a Series 100 or 300
shift and shall not be prorated on account of vacation, holidays or other paid time off.
36
Section IS. Funerall>etail
I
(a) The Department shall permit one employee of this unit to be part of a funeral detail in
conjunction with one employee from the Fraternal Order of Police, Lodge No. 10, and permit this detail
to attend the funerals of any law enforcement officer, within the State of Florida, who loses his life in the
line of duty.
(b) The City will supply the funeral detail with a marked cruiser for the purpose of attending
funerals as provided in (a) above.
(c) The F.O.P. lodges shall be responsible for the payment of expenses of this detail such as gas,
oil, lodging, and meals.
(d) In the event the bargaining unit member who serves as the F. O. P. funeral detail is on-duty at
the time of the funeral, he/she shall be released without loss of pay, provided, however, that such member
shall not be eligible during such time off for worker's compensation benefits in case of injury.
(e) This provision shall not be subject to any grievance procedure.
Section 16. Legal Protection
The City agrees to defend any member of this bargaining unit who is sued for damages as a result
of actions taken in the scope of his employment with the City. The employee agrees to cooperate with the
City in providing this defense.
Section 17. Copies or Municipal Code
The City agrees to request the Municipal Code Corporation to supply the City with copies of those
portions of the City Code of Ordinances relating to penal offenses; and the City agrees to distribute same
to employees.
Section 18. Standby Pay
Standby, for the purpose of this Section, shall occur when the Police Chief, or his designee, places
an employee on standby status and requires that the employee provides a telephone number at which he
can be reached for the purposes of a Telephone Alert situation.
An employee assigned to standby will receive a flat fee of:
$ 8.00 per night, Monday through Thursday.
$40.00 per weekend (Friday evening to Monday morning).
Only the Police Chief or his designee may place an employee on standby. This Section will only
apply to Telephone Alert situations.
Section 19. Special Duty CallOut
(a) All employees who are covered by this Agreement shall receive notice of any special duty
detail, not less than five (5) working days prior to that event.
(b) This section shall not pertain to emergencies or to unplanned or unscheduled events.
37
(c) Employees assigned) to positions other than Uniform patr4 Division Team Supervisory
positions are subject to adjustments of their hours and/or days to meet the circumstances at hand. As much
notice as possible will be given when adjustments are necessary but it is understood that hours must be
flexible.
Section 20. Canine Assignment
(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 c.anine(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 for each dog for supplemental food, medical
grooming, pest control, and related needs associated with care of the canine.
Section 21. Tuition Refund Program
Members of the bargaining unit shall be entitled to reimbursement for tuition fees for approved
courses in accordance with the City's Tuition Refund Program up to an amount of $1000.00 per fiscal
year, subject to meeting the approval and eligibility requirements of the City's program. Employees in
the bargaining unit must execute an Agreement to repay to the City any amount of Tuition Refund
exceeding $650.00 reimbursed in a fiscal year period should such employee separate from the City within
two (2) years of receipt of reimbursement. In the event that an employee separates from the City by
retirement and opts to receive an extended sick/injury leave benefit, separation for the purpose of
repayment of tuition refunds shall date from the employee's last actual work day and not the effective date
of retirement.
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Section 22. Job Asslnment Pay
I
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 sergeants and lieutenants assigned to the investigations division, vice and intelligence
section, Inspectional Services Section Commander or crime scene investigator program and those assigned
to the field officer training program shall be granted job assignment pay in the future. For those
employees, the rate shall also be the current rate at 5 %.
Section 23. Light Duty Assignment
(a) In the event an employee in the bargaining unit is unable to work at full-time duty, but is
certified by a licensed physician to work light or limited duty, and subject to the availability of light or
limited duty, the City may assign such employee to an appropriate work assignment within the City of
Clearwater work force. However, assignments in any Department other than the Police Department shall
occur only in the event there are no available positions within the Police Department which the officer
would be capable of performing. Assignments outside the Police Department shall be limited to only those
positions which the officer is capable of performing, or would be capable of performing with a reasonable
amount of on-the-job training and effort, based on the officer's physical ability, suitability to the work to
be performed, and skills required to perform the work.
(b) The City shall have the right to direct an employee to a licensed physician of its choice to
determine if the employee is fit to work light or limited duty.
(c) Failure of the employee to work light or limited duty when assigned may be grounds for
disciplinary action.
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I ARTICLE 14 I
BULLETIN BOARDS, RULES AND REGULATIONS,
MEMOS AND COPYING OF AGREEMENT
Section 1. The City agrees to provide space (not less than 24 inches by 24 inches) on a bulletin
board located at Police Headquarters and all designated substations for the posting of Union notices and
official Union information; provided that the Police Chief or his designee shall first review and agree to
any such posting, and indicate his approval by initials or stamp, and provided that no other City bulletin
board or blackboard may be used by the Union or any mem~er of the bargaining unit for any purpose not
approved by the Chief; provided further that such approval shall not be unreasonably withheld. The Union
is expressly prohibited from posting any information relating to political candidates or political office.
Section 2.
Rules & Regulations - Memorandums
(a) The designated representative of the bargaining unit shall have a copy distributed to his mail
box of any written departmental memorandum, rule, regulation, order or policy, intended for publication
to all members of the bargaining unit, which is intended to establish a standard of conduct for members
of the bargaining unit.
(b) The designated representative of the bargaining unit shall be forwarded a copy of the agenda
from the City Clerk's office of any regular City Commission meeting in the same manner that the Chief
of Police is forwarded a copy.
Section 3.
Copying of Agreement
The City and the Union shall each receive a signed copy of the contract.
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) Department business will of course take priority and the F.O.P. will only be allowed to make
copies when the Department is not otherwise using the copier.
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ARTICLE 15
AMENDMENTS
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This Agreement may be amended at any time by the mutual consent of the parties, but no such
attempted amendment shall be of any force or effect until placed in writing and executed by each party
hereof.
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I ARTICLE 16 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 the non-exercise of the rights covered by this Agreement by the City
or its employees or agents or the Union shall not be deemed to waive any such right or the right to exercise
them in the future.
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ARTICLE 17
DISCIPLINE
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Section 1. No employee who has successfully completed his probation period as a Police
Sergeant or Police Lieutenant shall be demoted, suspended or dismissed without just cause.
Section 2. The City, the Union or the employee may use any work history material as evidence
to support or oppose a suspension or dismissal.
Section 3. Prior to a written reprimand being placed in an employee's file, the employee will
have the right to confer with the Police Chief or his designee regarding the proposed reprimand. An
employee will be entitled to formulate a written response to a Letter of Reprimand he receives and that
response will be included in the employee's personnel file, provided, however, that any such response shall
be limited to the issues within the Reprimand and must be submitted to the Police Chief within seven (7)
working days of the employee's receipt of the Reprimand.
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I ARTICLE 18 I
. StrnST ANCE ABUSE AND TESTING ·
Section 1. Any employee in this bargaining unit will be subject to an alcohol breath test
administered by a state certified operator and to a urine or blood test accomplished by an accredited testing
laboratory if there is reasonable suspicion based upon observed actions or appearances on the part of the
employee's immediate supervisor and the Police Chief, or his designee, that the employee is under the
influence of alcohol, drugs or controlled substances while on duty. Any employee subjected to such test
shall be removed from duty pending the result of such test and such employee shall continue to receive his
regular pay and benefits pending test results.
Section 2. When an employee tests positive (i.e., a drug or drugs is/are detected), a second
test, the Gas Chromatography/Mass 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
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.
Section 3. A final 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 disciplinary action and such action will be considered as
just cause.
Section 4. In the event that an employee, within sixty (60) days from ratification of this
Agreement, requests assistance from the City for drug abuse prior to an incident wherein reasonable
suspicion results, no disciplinary action shall be taken against the employee. The employee shall be
required to take remedial action. Successful completion of the rehabilitation program shall result in no
disciplinary action against the employee. This applies to the first offense only. Employees may use
sick/injury leave in accordance with provisions of Article 7 of this Agreement for absence from duties for
inpatient admission and treatment for drug dependence.
During the term of this Agreement but before an employee is involved in an incident deemed related
to alcohol abuse, an employee may request assistance from the City for alcohol abuse. This employee will:
(a) be referred to the City's Employee Assistance Program.
(b) be required to take remedial action. Successful completion of the rehabilitation program shall
result in no disciplinary actions against the employee.
(c) be allowed to use sick/injury leave in accordance with Article 7 of this Agreement for absence
from duties for inpatient admission and treatment for alcohol dependence.
The terms of this paragraph shall not apply to an employee who has been directed to take a test to
determine whether the employee is under the influence of alcohol, drugs or controlled substances while on
duty.
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~. Section 5. When ani employee uses a controlled substance, 'WhiCh has been prescribed or
administered by a physician, which may affect his performance of job duties, the employee has an absolute
obligation to inform his supervisor immediately upon reporting for duty. The supervisor shall determine
whether the employee shall be assigned or not. If the employee is not assigned, he shall be sent home on
sick/injury leave in accordance with Article 7 of this Agreement.
Section 6. A bargaining unit member has an absolute obligation to report to his supervisor any
employee, in this bargaining unit or otherwise, who is under the influence of alcohol, drugs or controlled
substances while on duty and must thereafter cooperate in the investigation and any related disciplinary
proceedings. Any employee who fails to do so shall be subject to disciplinary action. An anonymous "tip"
shall not discharge a bargaining unit member's obligation hereunder nor shall it be the sole basis for the
imposition of testing under this Article. A bargaining unit employee who maliciously files a false report
that another employee is under the influence of alcohol, drugs or controlled substances while on duty shall
be subject to disciplinary action.
Section 7. No bargaining unit employee may use or unlawfully sell or distribute illegal drugs
at any time, on or off duty, and shall be subject to immediate termination for doing so.
Section 8. Records of drug/alcohol testing of bargaining unit members maintained by the City
will not be filed in the official personnel file of the employee in the City's Personnel Department.
Section 9.
Drug Testing Upon Designated Assignments
(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 following standards shall be used to determine what levels of detected substances shall be
considered as positive.
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Amphetamines
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Screening Test Confirmation
Immuno Assay Gas Chromatography
/Mass Spectrometry
1,000 ng/ml Amphetamine 500 ng/ml GC-MS
Methamphetamine 500 ng/ml GC-MS
100 ng/ml Delte- THC 1 15 ng/ml GC-MS
300 ng/ml Metabolite 2150 ng/ml GC-MS
3300 ng/ml Morphine 300 ng/ml GC-MS
25 ng/ml PCP 25 ng/ml GC-MS
Drug
Marijuana Metabolites
Cocaine Metabolites
Opiate Metabolites
PCP
1 Delta-9-tetrahydrocannabinol-9-carboxylic acid
2 Benzoylecgonine
3 25 nglml if immunoassay specific for free morphine
Intoxilizer Test For Alcohol
Alcohol .10%
Levels which are below those set above shall be determined
as negative indications.
(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 ~ responsible for advising his supervisor of the occurrence of
such an incident as soon as practical.
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ARTICLE 19
REVIEW BOARDS
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The City will continue its current practice of allowing the affected employee to give a brief oral
statement to an accident review board.
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ARTICLE 20
TRAINING
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In addition to the training required by the State for certification or recertification, schools, training
and career development courses which the Department determines will be made available to all bargaining
unit members will be noted in the daily BOLO sheet in sufficient time for members to make application
for attendance. Officers who desire to attend will complete the departmental training request form and
submit it to their supervisor.
The Department will select officers for attendance based on the needs of the Department.
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I ARTICLE 21
PENSION/SOCIAL SECURITY
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Section 1. Employees shall participate in either the City Pension Plan or the Federal Social
Security program as established by provisions of those programs. Should the City subsequently establish
an alternate plan to the existing City Pension Plan which is made available to City employees in the City
Pension Plan, bargaining unit members may elect to convert to the alternate plan consistent with the
provisions of the conversion procedure.
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I ARTICLE 22 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
they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding,
undertaking and agreement of collective bargaining for and during its term, except as may be otherwise
specifically provided herein.
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ARTICLE 23
DURATION, MODIFICATION AND TERMINATION
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This Agreement shall be effective as of the 1st day of October, 1991, and shall continue in full
force and effect until the 30th 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
~-++-. day of Y\0v~~ ,1991.
ATTEST:
CITY OF CLEARWATER, FLORIDA
~~~.:~~u1;~:~k~~
-~ ,'"
BY&~
Michael J. Wright,
....~.. --
Approved as to "furm-,and-eotrectness:
Countersigned:
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M. A. Galbraith, Jr.Ci~ Attorney
/"
ioner
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
(Sergeants and Lieutenants)
WITNESSES:
~CL~" ~~
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