AGREEMENT FOR SUPERVISORS BARGAINING UNIT FISCAL YEARS 1994-1997
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AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
SUPERVISORS' BARGAINING UNIT
FISCAL ,YEARS 1994 - 1997
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I Preamble
Article 1
I Article 2
I Article 3
Article 4
I Article 5
I Article 6
Article 7
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Article 8
I Article 9
I Article 10
Article 11
I Article 12
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TABLE OF CONTENTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recognition and Authorized Representatives .............
City Management's Rights ........................
Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No Strike . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Checkoff and F.O.P. Business . . . . . . . . . . . . . . . . . . . . . .
No Discrimination .............................
10
Section 1. Sick/Injury Leave ................. 10
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 ............... 21
Section 10. Productivity ..................... 21
Section 11. Take-Home Cars ................. 21
Section 12. Police Officers' Bill of Rights ......... 21
Work Rules and Personnel Practices
. . . . . . . . . . . . . . . . .
Prevailing Rights .............................. 21
Existing Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
Duties of Police Sergeants and Police Lieutenants . . . . . . . . . . 22
Senlonty ................................... 22
Promotional Procedure . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
Page No.
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TABLE OF CONTENTS
Page No.
Article 13
Direct Economic Provisions ....................... 26
Section 1. Holidays . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 2. Vacations ....................... 27
Section 3. Recall Pay . . . . . . . . . . . . . . . . . . . . . . . 29
Section 4. Acting In Higher Position Pay .......... 29
Section 5. Court Attendance .................. 29
Section 6. Physical Examinations ............... 30
Section 7. Funeral Leave .................... 31
Section 8. Uniform Allowance ... . . . . . . . . . . . . . . 31
Section 9. Line-of-Duty Injury Pay .............. 32
Section 10. Insurance ....................... 34
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 CallOut ............... 38
Section 20. Canine Assignment . . . . . . . . . . . . . . . . . 38
Section 21. Tuition Refund Program . . . . . . . . . . . . . . 39
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
Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 41
Article 15
Article 16
Severability and Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 41
Substance Abuse and Testing . . . . . . . . . . . . . . . . . . . . . . . 42
Review Boards ............................... 45
Article 17
Article 18
Article 19
Article 20
Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 45
Pension/Social Security .......................... 45
Contract Constitutes Entire Agreement of the Parties . . . . . . . . 45
Duration, Modification and Termination . . . . . . . . . . . . . . . . 46
Article 21
Article 22
Article 23
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PREAMBLE
This Agreement is entered into May 13, 1995, 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.
ARTICLE 1
RECOGNITION AND AUTHORIZED REPRESENTATIVES
Section 1. The City hereby recognizes the Union as the exclusive bargaining
representative as defined in Chapter 447, Florida Statutes, as amended, for all employees
employed in the unit defined by the Public Employee Relations Commission in its certification
No. 816, dated October 20, 1988, which certification is limited to Police Sergeants and Police
Lieutenants.
Section 2. The City agrees that during the term of this Agreement it will deal only
with the authorized representatives of the Union in all matters requiring mutual consent or
other official action called for by this Agreement. The Union agrees to notify. the City of the
name of such 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/her
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 MANAGEl\1ENT'S RIGHTS
Section 1. The City reserves, retains, and is vested with, solely and exclusively, all
rights of management which have not been expressly abridged by specific provisions of this
Agreement. The sole and exclusive rights of management 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;
U) 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;
(1) to discharge, suspend, demote, or otherwise discipline employees for just cause;
(m) to determine job classifications and to create, modify or discontinue jobs;
(n) to hire, transfer, promote, and demote employees;
(0) to determine policies, procedures, and standards for selection, training and
promotion of employees;
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(p) to establish employee performance standards including, but not limited to,
quality and quantity standards and to require compliance therewith;
(q) to maintain order and efficiency in its facilities and operations;
(r) to establish and promulgate and/or modify rules and regulations and standard
operating procedures; including, but not limited to Civil Servicertiles;
(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.
ARTICLE 3
GRmVANCEPROCEDURE
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
gnevance .
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. Any grievance relating to disciplinary action shall be
signed by the employee initiating the grievance. A grievance relating to an alleged contract
violation other than disciplinary action may be filed by, and signed by, the Union on behalf
of an employee(s) but must specify the affected employee(s) by name 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
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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/her
grievance in writing to the Police Captain in his/her 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:
1. A statement of the grievance including date of occurrence, details, 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 Union 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/her. As used in this Article, the term
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"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/her.
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/she is unable to respond
due to circumstances of the grievance which may require a decision at a higher level, he/she
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/her
designee shall notify the aggrieved employee of his/her 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/her 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/her designee shall meet with the employee and a Union representative if one has been
requested. The City shall determine who shall meet with the employee. Within ten (10)
working days of the meeting with the employee, the City Manager or his/her designee will
notify the aggrieved employee, in writing, of his/her decision. If a grievance is not submitted
to the City Manager or his/her designee, it shall be deemed to have been resolved at Step 2
or to have been dropped by the grievant.
Section 5. 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
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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/her designee by giving written notice to
the authorized representative 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/her
designee, the aggrieved party shall notify the City Manager or his/her 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/her 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/her
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.
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(e) The arbitrator shall arbitrate solely the issue presented.
(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. Grievances arising out of the discharge, demotion, or suspension of a
bargaining unit employee shall be initiated at Step 3 of the grievance procedure.
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/she shall be subject to dismissal, and it is
expressly agreed that such violation constitutes just cause for dismissal.
ARTICLE 5
STEWARDS
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
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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/her own grievance or otherwise represent himself/herself.
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.G.P. or
bargaining unit 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 Clearwater Supervisors
Bargaining Unit to the affected Division Commander via the chain of command and
subsequently routed to the Chief of Police or his/her designee for consideration. Use of
Union time shall be subject to the approval of the Chief of Police or his/her designee. The
Chief or his/her designee will grant such time off without loss of pay provided that, in his/her
sole and unlimited discretion, the efficiency of operation of 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 unit
members utilizing Union time under the provisions of this section shall not be eligible during
the 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.
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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/her designee.
In addition, two Union officers may, on request, and at the discretion of the Chief or his/her
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 Clearwater Supervisors Bargaining Unit or his/her
designee local Union shall be forwarded a copy of the agenda in advance of every regular
City Commission meeting.
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 representatives 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.
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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.
ARTICLE 7
WORK RULES AND PERSONNEL PRACTICES
Section 1. Sick/Injury Leave
(a) Members of the bargaining unit shall accrue sick/injury leave in accordance with
the schedule below:
Year of Biweekly Number Accrual Rate New Hires New Hires
Contract Hours Of Days Per Pay Months Capped Hours Capped
1994/95 80 14 4.308 9 1560.00
1995/96 80 13 4.000 7 1214.00
1996/97 80 12 3.693 7 1214.00
The number of yearly pay periods sick leave is accrued is twenty-six (26).
(b) Subject to the schedule contained herein, sick/injury leave may be accumulated
for each of the twenty-six (26) pay periods within the annual period that the employee is in
a pay status, except when he/she 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 I, 1990, and prior to June 1, 1995,
the maximum sick/injury leave accrual shall be 2080 hours. For employees hired on or after
June 1, 1995, until September 30, 1995, the maximum sick leave accrual shall be 1560 hours.
For employees hired on or after October 1, 1995, the maximum sick leave accrual shall be
1214 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/her 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/her subsequent sick/injury leave accumulations shall be
calculated as a new employee. This shall not apply to an employee reinstated through a
grievance procedure.
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(e) Under the provisions of this section, an employee may utilize his/her sick/injury
leave for absences from duty necessitated by illness or injury as otherwise allowable under
Section 1(f) hereof on any of his/her regularly scheduled work days for the number of regular
hours he/she would otherwise have been scheduled to work on that day had not such absence
occurred 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:
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
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1.0
(f) 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/her attendance on duty.
(3) Due to dental appointments, physical examinations, or other personal sickness
prevention measures, the scheduling of which at times other than during his/her regular
working hours is impossible or unreasonable.
(4) Due to illness of a member of his/her immediate family which requires his/her
personal care and attention. The term "Immediate Family" as used in this paragraph shall
mean parents, stepparents, grandparents, children, stepchildren, 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/her
on-duty supervisor of his/her district or division at least one-half hour prior to his/her
regularly scheduled reporting time of his/her absence, the specific reason therefor, and where
(phone number and address) he/she 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.
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(h) In the event that an employee's current illness or physical incapacity should
continue beyond the point where his/her accumulated unused sick/injury leave has been
exhausted, he/she may, upon written request and the approval of his/her 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/her credit at the time such current illness or physical incapacity began.
The Human Resources 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
(2) By repayment to the City of such portion of the salary previously paid to the
employee under the foregoing provisions as might be necessary to retire such loan.
The employee shall not be entitled to use any additional sick/injury leave until the loan
has been repaid and in the event of his/her separation prior to such repayment, the City shall
retain from the monies otherwise due the employee an amount sufficient to retire such loan.
Provided, however, that if the separation is the result of the death of the employee, the loan
shall be forthwith cancelled and no claim for repayment shall be filed against his/her estate.
The employee shall not accumulate sick/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
(112) of his/her accumulated unused sick/injury leave, provided:
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(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/her 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 pt:ovisions of
Hm_-paragraph-(3}-oflhis .subsection, the rate of payment shall be based on the regular biweekly
salary of the employee (including longevity) at the beginning of his/her 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
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(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/her 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/her accumulated
unused sick/injury leave to the extent thereof to advance his/her 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/her 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 retiring after the effective date
of this Agreement and who are eligible to receive payments under the other provisions of this
section shall be entitled to receive one-half of their accumulated unused sick/injury leave
towards early retirement; or receive a lump sum payment for one-half accumulated unused
sick/injury leave, or split their accumulated unused sick/injury time at one-quarter pay and
one-quarter early retirement time. Employees hired on or after October 1, 1990, and who
-subsequentlyretireand 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.
G) An employee may not utilize his/her 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.
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(k) The employee shall be required to submit evidence in the form of a medical
certificate of the adequacy of the reasons for his/her absence during the period of time for
which sick/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/her 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.
(1) Sick/Injury Leave Incentive Program
In any full payroll 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
to two (2) sick/injury leave incentive days for use in the next calendar year. (A payroll
calendar year begins with the first day of the first pay period for the first pay check date in
the calendar year and ends with the last day of the last pay period for the last pay check in
the calendar year.)
In any full payroll 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) sick/injury leave incentive day for use in
the next payroll calendar year: FUI purposes'ofconversion, eight (8) hourssha11bedeemed-------
as being equivalent to one day. The sick/injury leave incentive 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 sick/injury leave incentive day.
If the sick/injury leave incentive days are not used during the payroll calendar year to
which they are converted, the day(s) will be forfeited. (Sick/injury leave incentive days are
not included in overtime calculations.) -
(m) When a bargaining unit employee has worked a ten-hour shift throughout the
full payroll calendar year or a combination of a ten-hour shift and an eight-hour shift
throughout the full payroll calendar year and has sick leave usage, the following shall apply
with respect to eligibility for converting sick/injury leave to sick/injury leave incentive day(s):
(1) Regardless of the nature of shifts (eight-hour days, ten-hour days, etc.), if the
employee has used no sick/injury leave during the full payroll calendar year, he/she will be
allowed to convert two (2) days of sick/injury leave accrual to two (2) sick/injury leave
incentive days for use in the next payroll calendar year.
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(2) Regardless of the nature or combination of shifts, if the employee has used
between one-tenth (.1) of an hour and sixteen (16) hours of sick/injury leave during the full
payroll calendar year, he/she will be allowed to convert one (1) day of sick/injury leave
accrual to one (1) sick/injury leave incentive day for use in the next payroll calendar year.
(3) If the employee has worked varying shifts (both eight-hour shifts and ten-hour
shifts) during the payroll calendar year and has used two full workdays of sick/injury leave
only, whether two eight-hour days (16 hours), one eight-hour and one ten-hour day (18
hours), or two ten-hour days (20 hours), he/she shall be allowed to convert one (1) day of
sick/injury leave accrual to one (1) sick/injury leave incentive day for use in the next payroll
calendar year.
(n) Upon an employee's separation from the City, the employee will receive a lump
sum payment for his/her remaining sick/injury leave incentive day balance.
(0) Leave Pool
A joint leave pool will be established by members of the Fraternal Order of Police
Lodge No. 10 and Fraternal Order of Police Supervisors' bargaining units, such leave pool
to be available for use by members of both bargaining units, subject to the following
provIsIOns:
(1) . The purpose of the leave pool is to provide leave to bargaining unit members
who face significant time off without pay due to a serious illness or injury, whether job-
connected or non-job-connected, or serious illness or injury to a family member covered
under the family sick leave policy. The leave pool may not be used for short time periods
where an employee may be without pay. Short time shall be defined as less than thirty (30)
. ---calendar--days-. -".-----------.~--- -- ._______________
(2) A committee shall be formed and the committee shall determine use of the leave
pool days, subject to the above purpose and limitations.
(i) The committee shall consist of two (2) members designated by each
bargaining unit, one management employee designated by the Police Chief, and one
management designee of the City Manager.
(ii) The committee shall review employee needs and circumstances consistent
with the provisions of the leave pool and shall determine eligibility for and the amount of pool
leave time that may be provided to employees.
The committee may establish procedures, forms, and other rules
necessary for its effective operation, provided they are consistent with the provisions of this
section.
(iii) The committee's decisions are final and are not grievable.
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(3) Bargaining unit members may donate days from their vacation or floating
holiday balances to the leave pool one time per year in January.
(i) No employee shall_be permitted to donate more than three (3) days of
leave per year to the pool.
In the event that the leave pool becomes insufficient to provide leave
days, the committee may, with the prior approval of the City Manager or designee, open up
the opportunity for additional donations to be made during the calendar year. This shall be
limited to one (1) time per year; however, the 3-day donation limit shall not be modified.
(ii) All donations of pool leave time must be in full-day increments based on
the employee's full-time, regularly scheduled day (i.e. an eight-hour or ten-hour day is a full
day).
(iii) Donations of pool leave time are irrevocable.
(iv) No dollar value shall be placed on leave donations. All donations and
all authorized usage shall be computed as day for day.
(4) When pool leave time is authorized by the committee for use by an employee,
it shall be on a day-for-day basis, irrespective of whether the employee works an eight-hour
or ten-hour shift. An employee using leave pool time shall receive regular base pay and
his/her regular shift pay; however, other pays shall not be provided with leave pool days
(e.g., lead pay, acting pay, special assignment pay, etc.).
(5) Pool leave time not used in a given year by the employee receiving the donated
pool..leave-time-shall-be-carried-over to the next year. No donated poolleave-ctime-will-be------
refunded.
Section 2. Military Leave
Any regular or probationary employee in the classified service being inducted or
otherwise entering the armed forces of the United States in time of war, or pursuant to the
Selective Service Act of 1948, as amended, or of any other law 'of the United States, shall
be granted military leave of absence without pay for the period of the military service
required of him/her and on completion thereof, be reinstated in the City service in accordance
with the following regulations:
(a) Military leaves shall be granted in accordance with the provisions herein except
where said provisions may be superseded by federal law:
(1) For inductees, the minimum period of time required to be served;
(2) For enlistees in time of war, the period of the first minimum enlistment, or for
such additional period of time required to be served;
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(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 Human
Resources 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/her 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/her 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/she is qualified to perform, as will provide him/her with like seniority, status and pay, or
the nearest approximation thereof consistent with the circumstances in his/her case.
(3) In the event there be no vacancy in the appropriate class and there be an
emp~o-yee_QLemplQye_e$jn . such class serving a_probationary--}>eriod-who-has-not-acquired
regular status, then such probationary employee shall be laid off or returned to a former
position in which he/she 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/she had acquired permanent status and the returning employee reinstated.
(5) A returning employee shall have the same status as he/she had prior to the
beginning of his/her military leave. He/she shall be allowed to take any subsequently
administered examinations after his/her return that he/she would have been eligible to take
had he/she not been on military leave and to complete any uncompleted period of probation.
No grievance shall be filed by any other employee in connection with this paragraph.
(6) He/she shall submit to such medical and/or physical examinations as the
appointing authority shall deem necessary to determine whether or not such military service
has in any way incapacitated him/her for the work in question; provided, however, that as
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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/she would have had if he/she 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/she had not been absent on such leave.
(f) An employee returning from military service shall be reinstated to active City
service at the earliest possible date following application for such reinstatement, consistent
with the best interests of the City service and taking into consideration necessary adjustments
of staff. In no event, however, shall this period be more than thirty (30) calendar days. 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/her 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/her 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/her 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
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without pay. The employee shall be required to provide timely notice to the City of such
training assignments. Failure to provide any of the timely notices herein required of an
employee's military orders to the Police Chief shall be considered just cause for disciplinary
action not to exceed a three (3) day suspension.
(e) When directed by the City Manager or Police Chief to attend professional or
other conventions, institutes, courses, safety meetings or other meetings, including in-service
training or in-service meeting.
An employee may be granted time off without pay for attendance at meetings other
than those specified in Section 3 (a) through (e) above, or to attend to urgent personal
business, provided that such employee shall request approval from the Police Chief in
sufficient time to permit the 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/her 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/her 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/her 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/her service to the City and/or of fitting himself/herself
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:
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(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/her 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/her former position or in
the event that his/her position has been abolished in the meantime, he/she shall be placed at
the head of the reemployment list for the class or positions nearest approximating that in
which he/she was employed immediately prior to such leave, provided he/she 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.
Time off with compensation under any of the provisions of this Agreement (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/her personnel file and, at his/her expense, to make copies of his/her personnel file
or portions thereof. When a personnel record of a member of the bargaining unit is furnished
to any citizen pursuant to a request therefor, the City agrees to abide by current federal and
state law and will not release any portion of the employee's file which is not required to be
released by law.
Section 6. Residency Requirement
Employees in the bargaining unit hired on or after December 15, 1986, are required
to establish and maintain their bona fide, permanent residence within the geographical
boundaries of Pinellas County or Pasco 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
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the employee is furnished with City safety gear, he/she shall wear it whenever he/she 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/her designee, who shall
approve or deny such requests in his/her sole and unlimited discretion.
Section 10. Productivity
The Union recognizes that productivity is of utmost concern to the City and is critical
to the provision of services to the citizenry in an efficient and 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.
ARTICLE 8
PREVAILING RIGHTS
Any right or working condition enjoyed by employees covered by this Agreement as
the result of specific action taken by the City Manager or Chief of Police shall not be changed
in an arbitrary or capricious manner.
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ARTICLE 9
EXISTING RULES
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 Clearwater Supervisors Bargaining Unit 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.
ARTICLE 10
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.
ARTICLE 11
SENIORITY
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
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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/she resumes full duty
status.
(a) In September of each year, all Patrol Division sergeants are permitted to bid by
seniority in rank for assignment to their preferred districts.
(b) The City maintains within each patrol district a shift-rotation system for all
assigned sergeants. The shifts rotate approximately every four months -- in September,
January, and May.
(c) Within each district, sergeants are assigned to a permanent slot in the shift-
rotation system. For as long as they remain in the district, the sergeants remain in the same
slots and rotate through the various shifts.
(d) A sergeant who is assigned to the district from any other district or from another
division fills the vacant slot in the shift-rotation system. If more than one slot is vacant, the
incoming sergeants bid for those slots by seniority.
(e) With the approval of the Patrol Captain, sergeants are permitted to trade shifts
among themselves at the beginning of each shift-rotation. However, at the end of each shift
period, each sergeant returns to his or her permanent slot in the rotation schedule. The Patrol
Captain will not deny requests without cause.
(f) Sergeants who are in special assignments, such as the Greenwood Neighborhood
Patrol, Condon Gardens Neighborhood Patrol, the Traffic Enforcement Team, and the K-9
Team are not included in the bidding process.
Section 3. An employee shall lose his/her status as an employee and his/her seniority
if he/she:
(a)
resigns or quits;
(b)
process) ;
is discharged or terminated (unless reversed through the grievance or arbitration
(c)
retires;
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(d) does not return to work from layoff within ten (10) calendar days after being
notified to return by certified mail addressed to his/her last address filed with the Human
Resources Department;
(f) is absent from work, including the failure to return from leave of absence,
vacation or disciplinary action, for three (3) consecutive working days without notifying the
Department, except where the failure to notify and work is due to circumstances verified as
being beyond the control of the employee 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.
ARTICLE 12
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.
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(d) The test shall be administered by the Human Resources Director or by persons
designated by him/her and at such hours and in such places as in the judgment of the Human
Resources 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
The Human Resources Director shall provide in rank order a certified promotional list
for the filling of a vacancy in a permanent position. 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.
Section 5. Eligible List
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/her
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) months of
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active service during which he/she shall have the opportunity to demonstrate to the
satisfaction of the Police Chief his/her 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/her former classification. An employee serving a probationary period within the
bargaining unit shall not be entitled to appeal his/her non-successful probationary period and
his/her return to his/her former position.
ARTICLE 13
DIRECT ECONOMIC PROVISIONS
Section 1. Holidays
(a) There shall be ten (10) paid holidays. They shall be:
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Christmas Day
Employee's Birthday
January 1st
Federal Holiday
Federal Holiday
Federal Holiday
July 4th
Federal Holiday
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/her 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.
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(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/her regularly scheduled day off. When a holiday falls on an employee's regular
day off, 8-hour and 10-hour employees are paid eight (8) hours holiday pay. (Both types of
employees have worked 40 hours and are paid 48 hours -- a full week plus one (1) holiday.)
(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.
Section 2. Vacations
(a) Employees shall be entitled to an annual vacation leave with pay at his/her
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 Human Resources Director vacation
leaves may not be anticipated but shall be taken as herein provided.
(c) During his/her 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/she 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
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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/her 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/she shall be paid for the unused
portion of his/her vacation leave for which he/she 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.
(i) The City agrees to the following vacation schedule for the duration of this
Agreement:
Years of Service
1 - 2
3
4
5
6
7
8 - 10
11
12
13 - 15
16 & over
Vacation Hours
80
88
96
104
112
120
128
136
144
152
160
(j) An employee may petition the Chief of Police or his/her designee for permission
to split his/her vacation time. Such permission will be granted if, in the sole discretion of
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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/her 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/her vacation, due to circumstances beyond his/her control, the employee must notify the
Department of the death at his/her earliest opportunity.
(1) 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/her 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/her 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/she shall receive the appropriate pay for the acting rank
retroactive to the date he/she 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; however, any provisions of this Agreement which restrict
the City's ability to schedule hours of work or shifts shall not apply.
Section 5. Court Attendance
Any employee whose appearance is required in county or circuit court as the result of
a matter arising out of the course of his/her employment shall receive a minimum of three
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(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/her regularly scheduled time-off, he/she 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/she is subpoenaed to appear in county or circuit court as the result of a matter
arising out of the course of his/her employment, provided that this is agreeable to the court
and to the attorney requesting his/her presence. An employee on 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/she is on standby, he/she 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.
However, the employee, at his/her own expense, may submit proof of satisfactory completion
of an equivalent physical examination by a physician of his/her choice. 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.
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(b) In the event that the Department determines that an officer requires an
inoculation or immunization, then the same immunization or inoculation will be made
available to the members of the employee's household.
(c) Physicals will be administered no less than ten (10) months and no more than
eighteen (18) months apart.
(d) The Department will attempt to schedule physicals while the employee is on
duty. Any annual physical fitness exam will also be administered during the employee's
on-duty time. Work schedules of affected employees may be subject to change in order to
accomplish this objective but only if the examinations cannot be scheduled during normal
work hours. It is the employee's responsibility to ensure that the physical is completed, and
no employee shall be paid for time spent taking a physical unless that time falls within his/her
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, stepchild,
mother, stepmother, father, stepfather, 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)
uniform.
Persons transferred to plain-clothes duty shall be permitted to retain at least one
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(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.
(c) The amount of compensation paid shall be the amount required 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 regular rate of pay at the time of the injury. Regular rate of pay for workers'
compensation purposes is defined as base pay and any assigned pay if regularly assigned, but
not shift pay.
(d) No compensation under this section shall be allowed for the first seven (7)
calendar days of disability; provided, however, that if the injury results in disability of more
than twenty-one (21) calendar 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. (Changes in workers' compensation law
will modify this paragraph accordingly.)
(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/she 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.
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(g) The City will provide line-of-duty injury pay with no charge to an employee's
sick/injury leave when an employee with less than three (3) years of service is injured on the
job to the extent that such employee misses scheduled work time. Such line-of-duty injury
pay shall be provided for a period not to exceed ninety (90) calendar days during the first
year of employment for each specific injury; sixty (60) calendar days during the second year
of employment; and thirty (30) calendar days during the third year of employment.
(h) Line-of-duty injury pay will be provided from the first day of injury for those
defined in (g) above. However, the amount paid shall be only that amount required to
supplement funds received by the employee from the Florida Workers' Compensation Law
and any other disability or other income plans provided by the City, to the point where the
sum of all payments is equal to the employee's regular base pay rate at the time of injury.
At such time as the employee receives his/her initial workers' compensation payment, the
City shall approximate the differential needed to equal the employee's base pay and shall
provide such line-of-duty injury pay to equal the employee's regular base pay rate at the time
of injury. Any adjustment to the City's line-of-duty injury pay under this policy will be made
following the employee's return to work or at the expiration of the period for which line-of-
duty injury pay is provided.
(i) Line-of-duty injury pay shall not be provided to any employee after the third
year of employment.
(j) 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.
(k) Failure to report a line-of-duty injury to the employee's immediate supervisor,
or to the Risk Management Division within twenty-four (24) hours of the time of occurrence
of the injury shall result in a loss of allline-of-duty pay under Article 13 unless such failure
to report was: (a) caused solely by and as a direct result of the employee's injuries or
(b) resulted from the occurrence of an event over which the employee had no control in the
opinion of the City Manager. It shall be the employee's responsibility to prove the injury
occurred while on duty.
(1) Any provisions of this contract to the contrary notwithstanding, should any
provision of this contract be inconsistent with the terms of the Florida Workers'
Compensation Law (Chapter 440, Fla. Statutes), the Florida Rules of Workers' Compensation
Procedure (Fla. R. Work Compo P), Florida Department of Labor and Division of Workers'
Compensation Rule 38 or any other state or federal law or regulation now in force or
hereinafter enacted, then such provision of this contract shall be null and void and of no legal
force or effect.
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Section 10. Insurance
The City agrees to meet with the Union 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 Union 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.
Section 11. Work Week and Overtime
A. Normal Work Week - The normal work week for employees in the bargaining
unit shall consist of forty (40) hours of working time. Generally, the employee will work five
(5) days of approximately eight (8) hours per day, or four (4) days of approximately ten (10)
hours per day; however, the City and Department may otherwise establish and flex an
employee's schedule as necessary in their judgment to best provide police services in an
effective and efficient manner. No employee shall be sent home prior to the end of his/her
regularly scheduled shift for the purpose of denying overtime pay; nor shall any employee
have his/her 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 four percent (4 %) one-time payment for fiscal year 1994/1995
for each employee in the bargaining unit, effective the first pay period following the approval
of the contract; a 3 % increase effective October 1, 1995; and a 3 % increase effective
October 1, 1996. As a result of said adjustment, the pay schedule for Police Sergeants shall
consist of nine (9) steps, and the pay schedule for Police Lieutenants shall consist of eight (8)
steps, as provided below:
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BIWEEKLY PAY SCHEDULE BY FISCAL YEAR
Police Serl:eants
Step 1994-1995 1995-1996 1996-1997
1 1,372.99 1,414.18 1,456.61
2 1,427.91 1,470.75 1,514.87
3 1,485.03 1,529.58 1,575.47
4 1,544.42 1,590.75 1,638.47
5 1,606.21 1,654.40 1,704.03
6 1,670.46 1,720.57 1,772.19
7 1,737.26 1,789.38 1,843.06
8* 1,780.69 1,834.11 1,889.13
9* 1,825.21 1,879.97 1,936.37
Police Lieutenants
Step 1994-1995 1995-1996 1996-1997
1 1,665.59 1,715.56 1,767.03
2 1,732.22 1,784.19 1,837.72
3 1,801.52 1,855.57 1 ,911. 24
4 1,874.30 1,930.53 1,988.45
5 1,949.27 2,007.75 2,067.98
6 2,027.24 2,088.06 2,150.70
7* 2,077.91 2,140.25 2,204.46
8* 2,129.86 2,193.76 2,259.57
* Police Sergeants and Police Lieutenants shall be eligible for advancement to a 2-1/2 %
longevity step after serving two (2) years in preceding 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.
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(c) Denial of Merit Step Advancement and Effect Upon Advancement
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 annual 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/her regular promotional anniversary date.
Section 13. Compensatory Time
A. Compensatory Time Allowance - Employees will be provided the opportunity to
request to be granted compensatory time, in lieu of overtime payment, up to a maximum
cumulative accrual of fifty-six (56) hours of compensatory time. At no time may an
employee's total accrual of compensatory time exceed fifty-six (56) hours. Compensatory
time accrual will be at time and one half for each hour selected in lieu of premium overtime
payment. Requests to use compensatory time shall be made to the employee's immediate
supervisor. Compensatory hours off shall be considered as hours worked in computing
overtime under this article.
Section 14. Shift Differential
Employees shall be entitled to shift differential pay as set forth in this Section.
(a) For purposes of computing shift differential pay the following shift series and
payments are established:
Shift Series No. Hours
100 2400-0700
200 0700-1600
300 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 weekly hours of his/her 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.
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(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.
Section 15. Funeral Detail
(a) The Department shall permit one employee of this unit to be part of a funeral
detail and permit this detail to attend the funerals of any law enforcement officer, within the
State of Florida, who loses his/her 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 City shall not 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/her employment with the City. The employee
agrees to cooperate with the City in providing this defense.
Section 17. Copies of Municipal Code
The City agrees to request the Municipal Code Corporation to supply the City with
copies of those portions of the City Code of Ordinances relating to penal offenses; and the
City agrees to distribute same to employees.
Section 18. Standby Pay
Standby, other than court standby, for the purpose of this Section, shall occur when
the Police Chief, or his/her designee, places an employee on standby status and requires that
the employee provides a telephone number at which he/she 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).
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Only the Police Chief or his/her designee may place an employee on standby. This
Section will only apply to Telephone Alert situations.
Section 19. Special Duty Call Out
(a) All employees who are covered by this Agreement shall receive notice of any
special duty detail, not less than five (5) working days prior to that event.
(b)
events.
This section shall not pertain to emergencies or to unplanned or unscheduled
(c) Employees assigned to positions other than Uniform Patrol Division Team
Supervisory positions are subject to adjustments of their hours and/or days to meet the
circumstances at hand. As much notice as possible will be given when adjustments are
necessary but it is understood that hours must be flexible.
Section 20. 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 canine(s). This time
shall be the customary and average amount of time spent by a canine officer on a duty day.
On the officers' days off from regular duty, they shall be credited with 30 minutes of work
time for time in the care and handling of their canine(s). Such time shall be based on their
regular rate of pay and shall be paid at straight time or an overtime rate depending upon total
hours worked during the week. It is recognized that on off-duty days the officer's
responsibilities for care and maintenance are reduced.
(b) Advance approval shall be required from the appropriate Police Captain or
higher level manager before a canine officer can work any additional overtime in care and
maintenance activities.
(c) No work time is to be used by an officer to prepare or train for participation in
canine demonstrations or competitions, except as scheduled by the Department in accordance
with standard operating procedures established by the Department and approved by the Police
Chief. In the sole discretion of the Police Chief, canine officers may be scheduled to attend
demonstrations or competitions. Time involved in demonstrations or competitions shall be
limited to the officer's regular weekly duty hours (40 hours) unless previously approved in
writing by the Police Chief or his/her 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/her designee, and assigned pay shall only be provided
during the period of such assignment as authorized by the Police Chief or his/her designee.
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(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.
Section 22. Job Assignment Pay
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 criminal
investigations division, office of professional standards, support services division or crime
scene investigator program and those assigned to the field training and evaluation 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.
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(c) Failure of the employee to work light or limited duty when assigned may be
grounds for disciplinary action.
ARTICLE 14
BULLETIN BOARDS, RULES AND REGULATIONS,
MEMOSANDCOPTINGOFAGREEMENT
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/her designee shall first review and agree to any such posting, and indicate his/her approval
by initials or stamp, and provided that no other City bulletin board or blackboard may be used
by the Union or any member of the bargaining unit for any purpose not approved by the
Chief; provided further that such approval shall not be unreasonably withheld. The Union
is expressly prohibited from posting any information relating to political candidates or
political office.
Section 2. Rules & Regulations - Memorandums
(a) The designated representative of the Union shall have a copy distributed to
his/her 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 Union 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 each agree to pay one-half of a reasonable cost for printing
copies of this Agreement. Every bargaining unit member will be provided a copy of the
Agreement. The Union shall be responsible for providing copies to its members. The Union
may request that such provision of copies be accomplished by the City during new employee
orientation classes.
Section 4. Use of Copying Equipment
The City agrees to allow the Union's officers to use the departmental copymg
equipment while off duty under the following conditions:
(a) The Chief or his/her designee shall approve the copying of any matter which
shall be limited to departmental records which the Chief will not allow the Union to remove
from the Department and copy using its own equipment.
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(b) The Union 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 Union will only be
allowed to make copies when the Department is not otherwise using the copier.
ARTICLE 15
AMENDMENTS
This Agreement may be amended at any time by the mutual consent of the parties, but
no such attempted amendment shall be of any force or effect until placed in writing and
executed by each party hereof.
ARTICLE 16
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.
ARTICLE 17
DISCIPLINE
Section 1. No employee who has successfully completed his/her 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/her designee regarding the
proposed reprimand. An employee will be entitled to formulate a written response to a Letter
of Reprimand he/she 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
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Reprimand and must be submitted to the Police Chief within seven (7) working days of the
employee's receipt of the Reprimand.
ARTICLE 18
SUBSTANCE ABUSE AND TESTING
Section 1. Any employee in this bargaining unit will be subject to an alcohol breath
test administered by a state certified operator and to a urine or blood test accomplished by
an accredited testing laboratory if there is reasonable suspicion based upon observed actions
or appearances on the part of the employee's immediate supervisor and the Police Chief, or
his/her 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/her 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:
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(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.
Section 5. When an employee uses a controlled substance, which has been
prescribed or administered by a physician, which may affect his/her performance of job
duties, the employee has an absolute obligation to inform his/her 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/she 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/her
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 Human
Resources 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.
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1. The drug screening will be performed utilizing urine samples unless the
employee, at his/her 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.
Drug
Screening Test
Confirmation
Amphetamines
Immuno Assay
Gas Chromatography
/Mass Spectrometry
500 ng/ml GC-MS
500 ng/ml GC-MS
1,000 ng/ml Amphetamine
Methamphetamine
Marijuana Metabolites
Cocaine Metabolites
100 ng/ml Delte-THC
300 ng/ml Metabolite
3300 ng/ml Morphine
25 ng/ml PCP
1 15 ng/ml GC-MS
2150 ng/ml GC-MS
300 ng/ml GC-MS
25 ng/ml GC-MS
Opiate Metabolites
PCP
1 Delta-9-tetrahydrocannabinol-9-carboxylic acid
2 Benzoylecgonine
3 25 ng/ml if immunoassay specific for free morphine
Intoxilizer Test For Alcohol
Alcohol .08 %
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/her employment to imbibe in alcoholic beverages or ingest secondhand marijuana, hashish,
crack, cocaine smoke, or smoke from any other controlled substance, within 48 hours of a
scheduled drug screening test, the test shall be postponed for one week. The officer shall be
responsible for advising his/her supervisor of the occurrence of such an incident as soon as
practical.
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ARTICLE 19
REVIEW BOARDS
The City will continue its current practice of allowing the affected employee to give
a brief oral statement to an accident review board.
ARTICLE 20
TRAINING
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.
ARTICLE 21
PENSION/SOCIAL SECURITY
Section 1. Employees shall participate in either the City Pension Plan or the Federal
Social Security program as established by provisions of those programs. Should the City
subsequently establish an alternate plan to the existing City Pension Plan which is made
available to City employees in the City Pension Plan, bargaining unit members may elect to
convert to the alternate plan consistent with the provisions of the conversion procedure.
ARTICLE 22
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
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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.
ARTICLE 23
DURATION, MODIFICATION AND TERMINATION
This Agreement shall be effective as of the 13th day of May, 1995, and shall continue
in full force and effect until the 30th day of September, 1997. 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 30;:" day of June, 1995.
ATTEST:
CITY OF CLEARWATER, FLORIDA
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Cyn i~:~~- G<?.ude~ Citi:Clerk
By ~M~
Elizabe . De ula, City Manager
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Approved as> t~ J<?r~ ~ail9 correctness:
Countersigned:
/J
~kin, City Attorney
IsslOner
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
(Supervisors Bargaining Unit)
WITNESSES:
...
~ddn~~'
vI'>1lt~ ik.k
By
Sg. eff Patterson, President
Clearwater Supervisors Bargaining Unit
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