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AGREEMENT FOR YEARS 1994-1997AGREEMENT between CITY OF CLEARWATER, FLORIDA and FRATERNAL ORDER OF POLICE LODGE NO. 10 1994 - 1995 1995 - 1996 1996 - 1997 r � � � � PREAMBLE ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 TABLE OF CONTENTS RECOGNITION REPRESENTATIVES OF PARTIES CITY'S MANAGEMENT RIGHTS GRIEVANCE PROCEDURE NO STRIKE STEWARDS, CHECKOFF AND F.O.P. BUSINESS NO DISCRIMINATION WORK RULES AND PERSONNEL PRACTICES Section 1. Sick Leave Section 2. Military Leave Section 3. Time Off Section 4. Leave Without Pay Section 5. Personnel Records Section 6. Residency Requirements Section 7. Tobacco Product Usage Section 8. Seat Belts and Safety Gear Section 9. Outside Employment Section 10. Productivity Section 11. Probationary Periods Section 12. Leave Pool ARTICLE 9 PREVAILING RIGHTS ARTICLE 10 EXISTING RULES ARTICLE 11 POLICE OFFICERS' DUTIES ARTICLE 12 SENIORITY ARTICLE 13 PROMOTIONAL PROCEDURES Pa�e No. 1 1 1 2 2 5 6 8 8 8 13 15 16 17 18 18 18 18 18 19 20 21 21 22 22 24 � � i � 1 � � �' I � I� I � I � I � I � ARTICLE 14 DIRECT ECONOMIC PROVISIONS Section 1. Holidays Section 2. Vacations Section 3. Recall Pay Section 4. Acting in Higher Position Pay Section 5. Court Attendance Section 6. Physical Examinations & Inoculations Section 7. Funeral Leave Section 8. Uniform Allowance Section 9. Line-of-Duty Injury Pay Section 10. Insurance Section 11. Overtime Pay Section 12. Wages Section 13. Compensatory Time Allowance Section 14. Shift Differential Section 15. Funeral Detail Section 16. Legal Protection Section 17. Copies of Municipal Code Section 18. Standby Pay Section 19. Special Duty Call Out Section 20. Equipment Section 21. Off-Duty Calls Section 22. Canine Officers ARTICLE 15 BULLETIN BOARDS, RULES & REGULATIONS... ARTICLE 16 AMENDMENTS ARTICLE 17 SEVERABILITY AND WAIVER ARTICLE 18 CONTRACT CONSTITUTES ENTIRE AGREEMENT... ARTICLE 19 DISCIPLINE ARTICLE 20 SUBSTANCE USE AND TESTING ARTICLE 21 REVIEW BOARDS ARTICLE 22 TRAINING ARTICLE 23 DURATION, MODIFICATION AND TERMINATION Pa�e No• 26 26 29 31 31 31 32 33 33 34 35 36 36 39 40 40 41 41 41 41 42 42 43 44 45 45 45 46 46 51 51 52 � PREAMBLE � This Agreement is entered into effective this 13th day� of May, 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, peaceful and timely means � of resolving any misunderstandings or differences which may arise, and to set forth herein the full agreements between the parties concerning rates of pay, wages, hours of employment, and other terms and conditions of employment. It is understood that the City � is engaged in furnishing essential public services, which vitally affect the health, safety, comfort and general well being of the public, and both parties hereto recognize the need for continuous and reliable service to the public. There shall be no individual anangement � contrary to the terms herein provided. ! ARTICLE 1 RECOGNITION � The City hereby recognizes the Union as the exclusive bar ainin re resentative as g g P defined in Chapter 447, Florida Statutes, as amended, for all employees employed in the unit � defined by the Public Employee Relations Commission in its certification No. 76-E-92-1029, dated June 24, 1976, as amended by Case No. RC-91-001 (verification of election results � and modification of bargaining unit) which certification includes all police officers below the rank of sergeant, parking enforcement officers, and police service technicians. It is understood by the parties that "police recruit I, ""non-paid police reserves, ""police � reserves," and "police auxiliary officers," and "part-time officers" are specifically excluded from this recognition. ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1. The City agrees that during the term of this Agreement it will deal only � with the authorized representatives of the Union in all matters requiring mutual consent or other official action called for by this Agreement. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this Agreement and each � replacement therefor during the term of this Agreement. Authorized representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards, � provided that notification has been provided in writing to the Office of the Police Chief at least twenty-four (24) hours in advance. Until such notice is received, the City is under no obligation to recognize the individual as an authorized representative of the Union. I � i Section 2. The Union likewise agrees that during the term of this Agreement, the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action and specifically -1- � the Union agrees that neither the Union nor the employees hereunder shall seek to involve the City's elected officials in the administration of this Agreement, or otherwise in the � operation of the City's Police Department. All matters relating to grievances shall be processed only through the grievance procedure chain of command. � � � ARTICLE 3 CITY'S MANAGEMENT RIGHTS Section 1. Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, including but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operation, function or service, in whole or in part; to transfer its operations, functions or services, from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City; to create, modify or discontinue jobs; to establish and change working rules and regulations; to create new job classifications; to establish and change work schedules and assignments; to transfer, promote or demote employees; to lay off, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees; to subcontract; to alter or vary past practices with prior notification and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and services. Section 2. If in the discretion of the City Manager or the Mayor it is determined that � civil emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar catastrophes or disorders, this Agreement may be suspended � by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended; provided, however, that any grievance arising during suspension of this Agreement will be pursuable on � termination of the declared emergency. Section 3. Management shall not assign, reassign, discipline, demote, or discharge � any employee of the bargaining unit in an arbitrary or capricious fashion. � ARTICLE 4 GRIEVANCE PROCEDURE ■ Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement, except as � exclusions are noted in other articles of this Agreement. The grieving party must state in writing the remedy sought to resolve the grievance. �� -2- � � � � � � � � � � � � � Section 2. All grievances filed shall refer to the specific Article and Section of this Agreement upon which the grievance is based and shall contain a concise statement of the facts alleged to support the grievance and shall be signed by the grievant. Grievances must be filed on proper forms supplied by the City and all information must be furnished,including a request for Union representation if desired at each step. No grievance form may be amended from the original written grievance at the initial step of the Grievance Procedure. Grievances shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement, the laws of the United States, the State of Florida, and the Charter and Ordinances of the City of Clearwater. Where the term "working days" is used in this Article it shall refer to Monday through Friday. Saturdays, Sundays and days designated as holidays are excluded. Probationary employees, including Police Recruit II's and Police Officers, shall not have access to the Grievance Procedure for any matter of discipline (including discharge), assignments, scheduling or access to training opportunities. Any grievance by a permanent employee relating to suspension or dismissal shall be initiated at Step 3. On behalf of employees covered by this Agreement, the Union hereby waives any right of these employees to resort to the Civil Service Board concerning any matter defined in this Agreement. This shall specifically include grievances relating to suspensions, demotions and dismissals. Grievances may be filed and processed by the Union, except grievances of discipline which must be initiated by the disciplined employee. As used in this Article, the term "employee" may also mean a group of employees having the same grievance. In such event, one employee shall be designated by the group of employees to act as a spokesperson and shall be responsible for processing the grievance. All employees in the group shall be identified, however, only the spokesperson needs sign the grievance. STEP 1 The aggrieved employee shall present his/her grievance in writing to his/her immediate supervisor within ten (10) working days after the employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The immediate supervisor shall review the grievance and submit a decision in writing to the aggrieved employee within ten (10) working days from the date the grievance was presented to him/her. Where the supervisor 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 settled in the first step, the aggrieved employee within ten (10) working days of the date of the answer in the first step, shall present it to the Division Head -3- � � � � � �� ' � � � � or his/her designee. The grievance shall refer to the specific section of the Agreement upon which the grievance is based and shall contain a concise statement of the facts. The grievant will not be entitled to modify or add to the specific sections alleged in his/her written grievance. The Division Head or his/her designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) working days of receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by an F.O.P. representative. The Division Head shall notify the aggrieved employee of his/her decision in writing not later than ten (10) working days following the meeting day. STEP 3 If the grievance is not settled at the second step, the aggrieved employee shall, within ten (10) working days of the date of notification from the Division Head or his/her designee, present the written grievance to the Chief of Police or his/her designee. The Chief of Police or his/her designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) working days following receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by an F.O.P. representative. The Chief of Police or his/her designee shall notify the aggrieved employee of his/her decision in writing not later than ten (10) working days following the meeting day. STEP 4 If still unresolved, the grievance and all responses may be submitted to the City Manager or his/her designee within ten (10) working days of the time the response was due in Step 3. At the request of the employee, the City Manager or his/her designee shall meet with the employee. The City may determine who shall meet with the employee. Within ten (10) working days, the City Manager or his/her designee shall notify the employee, in writing, of his/her decision. If a grievance is not submitted to the City Manager, it shall be deemed to have been resolved at Step 3 to the employee's satisfaction. Section 3. In the event that the grievance is still unresolved, the matter shall be submitted to final and binding arbitration as provided in this Section. (a) Within ten (10) working days of the decision of the City Manager, the aggrieved party shall notify the City Manager of its intent to arbitrate. Concunently, said party shall request from the Federal Mediation and Conciliation Service a list of five (5) names of qualified arbitrators. Within ten (10) working days after the receipt of such a list, representatives of the parties shall meet and each party shall strike two (2) names. The party filing the grievance shall strike the first name, then the other party shall strike a name. The process shall then be repeated and the remaining name shall be the arbitrator selected and notified of his/her selection as arbitrator. As promptly as can be arranged, the arbitration hearir�g shall be held. Each party shall pay its own expense for its representative, counsel and witnesses. The fees of the arbitrator and other expenses of arbitration, including the appearance fee of a court reporter, shall be shared equally by the City and the aggrieved party. The decision of the arbitrator shall be final and binding on both parties, except that -4- � either party may petition for review in the circuit court. The arbitrator shall have no power to amend, add to or subtract from the terms of this Agreement, and if the City has denied � the grievance on the basis that it was not timely filed at Step 2 of the grievance procedure for individual grievances or at Step 3 for grievances which bypass the first two steps, and further if the arbitrator finds that the grievance is not timely filed, then the arbitrator shall �, have no power to grant relief. � (b) Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this Agreement shall be furnished to both parties within thirty (30) days from the date of the hearing. � (c) The arbitrator shall arbitrate solely the issue presented. (d) Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based on the original written grievance submitted in the grievance procedure. � Section 4. Formal Processing of Grievance Initiated By City � Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion � between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written notice � to the business agent of the Union. Such notice shall indicate the provisions of the Agreement which the City contends is not properly being carried out by the Union. If not resolved within ten (10) working days following receipt by the Union of the written � grievance, the City may submit the grievance to arbitration under the provisions of Section 3 of this Article. � ARTICLE 5 NO STRIKE Section 1. The Union agrees that during the term of this Agreement it shall not � authorize, instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the Union and/or � employees represented by the Union or other agents or representatives of the Union or its affiliates. '� Section 2. Should the Union or its member employees covered hereunder within the City's Police Department breach this Article, then the City may proceed to the appropriate � court and, without notice, obtain a temporary restraining order against such breach. � -5- � � � � �� ' � � L� � � � � � Section 3. Should any member of the bargaining unit participate in a strike 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. Section 4. The parties specifically incorporate herein the provisions of Florida Statutes 447.505, 447.507, and 447.509. ARTICLE 6 STEWARDS, CHECKOFF AND F.O.P. BUSINESS Sectio� 1. Dues (a) During the terms of this Agreement the City agrees to deduct dues owed by the employee to the F.O.P. on a biweekly basis, provided, that prior to such deducdon the F.O.P, has provided the City with a signed statement from each employee whose dues are to be deducted that such deduction is authorized, provided further that such authorization is in a form satisfactory to the City. Any authorization for dues deduction may be cancelled by the employee upon thirty (30) days' written notice to the City or to the City and the F.O.P. and shall also be discontinued in the event the employee is terminated or is transferred, promoted or otherwise moved out of the bargaining unit. (b) Whenever the starting base pay of a member of the F.O.P. is increased by pay raise or pay adjustment, the City upon notification from the F.O.P. as to the amount, shall raise the dues deduction according to the established amount provided in the F.O.P. bylaws. (c) This Agreement applies only to the deduction of basic membership dues and uniform assessments and shall not apply to the collection of any fines, penalties or special assessments. (d) In the event that an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or hospitalization insurance or other standard or legally required deductions, are not sufficient to cover dues and special assessments, it will be the responsibility of the Union to collect its dues for that pay period from the employee. Section 2. Stewards (a) The stewards of the F.O.P. shall consist of the elected officers of the lodge provided, however, that all stewards must be active, current sworn employees or retired sworn employees of the Clearwater Police Department. The F.O.P. will submit a list of the elected officers to the Chief of Police. (b) Any steward who feels unqualified to represent a member on any matter will be permitted to contact the F.O.P. President or another steward for representation. � � I� � �' � � � � (c) A steward shall not investigate or otherwise handle grievances during working hours without the expressed consent of the commander on duty. A steward shall not investigate his/her own grievance or otherwise represent himself/herself. (d) No employee, while on duty, shall meet and discuss any issue with a steward without first receiving approval from the appropriate Police Captain. Section 3. The Union shall indemnify, defend and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents and employees in complying with dues deduction. The Union shall promptly refund to the City any funds received in accordance with this Agreement which are in excess of the amount of basic and uniform membership dues which the City has agreed to deduct. Section 4. The F.O.P. shall be allowed up to twenty-five (25) working days (of 8 hours each) of time off with pay per year for the purpose of attending official F.O.P. functions, meetings or conferences. Requests for use of this time shall be made in advance in writing by one of the elected officers of the Lodge to the affected Division Commander via the chain of command and subsequently routed to the Chief of Police or his/her designee for consideration. Use of 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 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 twenty-five (25) days time not used in an annual period, which shall be defined as a contract year, beginning with ratification shall be forfeited and shall not be carried forward into the next annual period. Section 5. The F.O.P. may designate a Civil Service Liaison officer who shall on request be relieved from duty with no loss in pay for the purpose of attending Civil Service Board Meetings, unless the efficiency of operations of the Department will be interfered with or impaired in the sole and unlimited discretion of the Chief of Police or his/her designee. Section 6. The President of the F.O.P. shall, on request, be relieved from duty with no loss in pay to attend the regular monthly meeting of the F.O.P. providing operations will not be interfered with. Section 7. The President of the F.O.P. or his/her designated delegate shall be � provided a copy of the agenda in advance of every regular City Commission meeting. If an item appearing on the agenda directly affects members of the bargaining unit, the F.O.P. President or his/her designated representative may petition the Police Chief to be relieved � from duty with no loss of pay to attend the meeting. Permission will not be unreasonably withheld. � � i Section 8. The Secretary, Treasurer, State Trustee or one designee will be permitted to attend the regular monthly meetings of the Lodge if they are working; however they will be subject to call. -7- i� � � � � � � � � � Section 9. The City shall grant the F.O.P. time off without pay on request. Requests for use of this time shall be made to the affected Division Commander via the chain of command and subsequently approved by the Chief of Police or his/her designee. The Department will grant such time off provided that in the opinion of the Department operations will not be interfered with. ARTICLE 7 NO DISCRIlVIINATION Section 1. The City opposes any form of employment discrimination which is made unlawful under applicable State and Federal law. Any claim of discrimination by an employee against the City, its officers or representatives, shall not be grievable or arbitrable under the provisions of Article 4- Grievance Procedure, but shall be subject only to the method of review prescribed by law. Section 2. The Union and the City shall not interfere with the right of employees covered by this Agreement to become or to refrain from becoming members of the Union, and neither the City nor the Union shall unlawfully discriminate against any such employee because of inembership or non-membership in any employee organization. Section 3. All references in this Agreement to employees of the male gender are used for convenience only and shall be construed to include both male and female employees. Section 4. The Union and its officers agree to support federal and state laws and regulations thereunder which have the effect of law and to abide by them, and further to encourage all bargaining unit members to comply with such laws and regulations at all times. From time to time, as the City issues policy statements or develops specific training programs concerning areas of prohibited discrimination under federal laws any regulations, the City may submit such policies and/or programs to the Union for their review and consideration for endorsement. If the Union determines not to endorse the policy and/or program, it shall advise the City of its reservations which have precluded it from endorsement. ARTICLE 8 WORK RULES AND PERSONNEL PRACTICES Section 1. Sick Leave (a) Members of the bargaining unit shall accrue sick leave in accordance with the schedule below: Year of � Contract 1994/95 � 1995/96 1996/97 � Biweekly Number Hours Of Davs :� :� :1 14 13 12 Accrual Rate New Hires Per Pav Months Canned 4.308 9 4.000 7 3.693 7 : New Hires Hours Capped 1560.00 1214.00 1214.00 � The number of yearly pay periods sick leave is accrued is twenty-six (26). � (b) Subject to the schedule contained herein, sick 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 leave provided, however, that the maximum � sick leave accrual for employees hired prior to October 1, 1990, shall be 2400 hours. For employees hired on or after October 1, 1990, until June l, 1995, the maximum sick 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. � � J � � � � � � �` �� (c) All accumulated unused sick 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 re-employment list or returning from a leave of absence. If the employee is promoted, demoted or transferred to another City position with a different Scheduled Pay Period Hours other than that defined above, that employee's sick leave balance will be adjusted to reflect equivalent days of sick leave earned, consistent with his/her new scheduled pay period hours. (d) In the event an employee has been separated and paid for accumulated unused sick leave as hereinafter provided, or has been dismissed for cause and subsequently is re-employed by the City, his/her subsequent sick leave accumulations shall be calculated as a new employee. This shall not apply to an employee reinstated through a grievance procedure. (e) Under the provisions of this Section, an employee may utilize his/her sick leave for absences from duty necessitated by illness or injury or as otherwise allowable under Section 1(� 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 leave in accordance with these provisions shall be charged by rounding to tenths of an hour according to the following: Minutes Tenths of an Hour 1-6 .1 7-12 .2 13-18 .3 19-24 .4 25-30 .5 31-36 .6 37-42 .7 43-48 .8 49-54 .9 55-60 1.0 '� � � � ( fl Sick leave is not a privilege to be used at the employee's discretion. It shall be used only for absences: (1) Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable immediate control. (2) Necessitated by exposure to contagious disease in which the health of others would be endangered by his/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 an on-duty supervisor or the desk officer 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 leave. This address and phone number will be updated whenever the address or phone number changes during the period of sick leave. Failure to do so may be the cause for denial of sick leave with pay for the period of absence and other disciplinary action. (h) In the event that an employee's current illness or physical incapacity should continue beyond the point where his/her accumulated unused sick leave has been exhausted, he/she may, upon written request and the approval of his/her immediate supervisor, Department Director, and City Manager, and when substantiated by a statement from competent medical authority substantiating the continuance of such illness or incapacity, request a sick leave advance up to but not exceeding the amount of accumulated unused sick leave which the employee had to his/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 leave account thereby creating an overdraft position. Such overdraft shall have the status of a loan by the City to the employee and shall be repaid: (1) By the subsequent accumulation of sick leave in the amount necessary to retire such loan, or (2) By repayment to the City of such portion of the salary previously paid to the employee under the foregoing provisions as might be necessary to retire such loan. -10- I� � � � � � � � � � � LJ The employee shall not be entitled to use any additional sick leave until the loan has been repaid and in the event of his/her separation prior t n� sufficientrto reti ee u h loanl retain from the monies otherwise due the employee an amou Provided, however, that if the separation is the result of sha 1 be filed aga nslh s/herh st te. shall be forthwith cancelled and no claim for repayment The employee shall not accumulate sick leave while being paid with borrowed sick leave. (i) Upon separation from the City service, an employee shall be paid for one-half (1/2) of his/her accumulated unused sick leave, provided: (1) That the rate of payment shall be based on the regular biweekly base salary (excluding shift differential, or any other addition to base pay) of the employee (including longevity) at the time of separation for which his/her achou s, of worksfor that lemployee bn charged with twice the number of regularly scheduled such biweekly period. If an employee is separated upon the termination of a leave of absence or the effective date of a resignation executed under the provisions of paragraph (3) of this subsection, the rate of payment shall be based on the regular biweekly base salary, (excluding shift differential or any other addition to base pay), of the employee (including longevity) at the beginning of his/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 re-employment shall not be considered as breaks in service; provided, however, that the length of such time-off or layoff shall be deducted from the total length of service except that military leaves and leaves during which the employees are receiving Workers' Compensation shall not be deducted, and (3) That the separation is involuntary on the part of the employee to the extent that it is occasioned by disability (incuned 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 f� reladves or fr endsnor� easonsr of 1'ke other employment, relocate, attend school, care character. If the separation is the result of the death of the employee, his/her estate shall receive payment. An employee who has been dismissed for cause shall have no claim for sick leave payment. Notwithstanding the foregoing provisions of this paragraph, an employee who may otherwise be eligible for retirement under the City Employees' Pension Plan or Federal Social Security, or who may be approaching such eligibility date, and whose purpose in leaving is to retire under either program, may utilize one-half (1/2) of his/her accumulated unused sick leave to the extent thereof to advance his/her retirement date. In that event the employee shall execute a resignation to become effective on the date that such accumulated unused sick leave would be exhausted. Suc co� gneffecti eall pe theei �erime and retirement shall begin at the time such resignatton be payment for accumulated unused sick leave shall be f om Wh ch alll regular payroll employee's regular biweekly salary (including longevity) -11- � deductions shall be made in order to preserve his/her retirement status. Accumulated unused sick leave will be charged as outlined in paragraph (1) of this subsection. � � � � I� �� LJ � � L� 4J � (4) Employees hired prior to October 1, 1990, and retiring after the effective date of this Agreement and who are eligible to receive payments under the other provisions of this Section, shall be entitled to receive one-half of their accumulated unused sick leave towards early retirement; or receive a lump sum payment for one-half accumulated unused sick leave, or split their accumulated unuse Oni O tobera 1�n1990,�or phereafte�na du ho early retirement time. Employees hired subsequently retire and who meet eligibility requirements shall receive a lump sum payment for one-half of their accumulated unused sick leave and shall not have an option to utilize any portion of accumulated unused sick leave to advance their retirement. (j) An employee may not utilize his/her accumulated sick leave reserve for absences resulting from an injury arising out of and in the course of employment, other than City employment, for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may be suspended or terminated. (k) Except in the cases of injury incuned in the line of duty employees shall not be entitled to use sick leave until the completion of six (6) calendar months of continuous service following the date of original appointment. (1) The employee shall be required to submit evidence in the form of a medical certificate, of the adequacy of the reasons for his/her absence during the period of time for which sick leave is granted: (1) When the illness of an employee necessitates an absence for three (3) consecutive scheduled work days or more; (2) When requested by the Department Director. (3) When an employee's illness or injury is of a long-term nature, the employee shall be required to submit an updated medical report from his/her physician every 30 days. This report must indicate the date of the employee's last visit to the physician; nature of the illness or injury; cunent medical status of the employee; and projected date of return to work of the employee. The medical report must be from a medical doctor. (m) Sick/Injury Leave Incentive Program For Eight-Hour Shift. In any full payroll calendar year period that a bargaining unit employee uses no sick leave, the employee will be allowed to convert two (2) days of sick leave to two (2) sick leave incentive days for use in the next payroll 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 -12- � � � � 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-tenth of an hour and sixteen (16) hours of sick leave, the employee will be allowed to convert one (1) day of sick leave to one (1) sick leave incentive day for use in the next payroll calendar year. For purposes of conversion, eight (8) hours shall be deemed as being equivalent to one day. If the sick leave incentive days are not used during the payroll calendar year to which � they are converted, the day(s) will be forfeited. (Sick leave incentive days are not included in overtime calculations.) (n) Sick/Injury Leave Incentive Program For Ten-Hour Shift or Combination Shift. 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 leave to sick 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 leave during the full payroll calendar year, he/she will be allowed to convert two (2) days of sick leave accrual to two (2) sick leave incentive days for use in the next payroll calendar year. (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 leave during the full payroll calendar year, he/she will be allowed to convert one (1) day of sick leave accrual to one (1) sick 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 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 leave accrual to one (1) sick leave incentive day for use in the next payroll calendar year. (o) 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. 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 -13- � � � � 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; (3) For reservists, the minimum period of time required to be served. (b) For the purposes of this Section, "armed forces" shall be defined to include: (1) The Army, Navy, Marine Corps, Air Force and Coast Guard. (2) The auxiliary services directly necessary to and actually associated with the armed forces of the United States, as may be determined by the City. (c) Application for reinstatement must be made within 90 calendar days from date of discharge or release, or from hospitalization continuing after discharge for a period of not more than one year. Such application shall be in writing to the 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 employee or employees in such class serving a probationary period who has not acquired regular status, then such probationary employee shall be laid off and the returning employee reinstated. (4) If a returning employee has regular status and cannot be reinstated under the provisions of paragraph (3) above, then the employee having been employed in the appropriate class for the shortest period of time shall be laid off and the returning employee reinstated. -14- i � � � (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 examination for promotion after his/her return that he/she would have been eligible to take had he/she not been on military leave and shall be required to complete any uncompleted period of probation. No grievance shall be filed or processed by any other employee or the Union in connection with this paragraph. � (6) He/she shall submit to such medical and/or physical examinations as the City Manager shall deem necessary to determine whether or not such military service has in any way incapacitated him/her for the work in question; provided, however that as far as � practicable, any employee returning with disabilities shall be placed in such employment as the City Manager shall deem suitable under the circumstances. I� I� � � (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 these Rules and Regulations, all other benefits dependent on length of employment to the same extent as if he/she had not been absent on such leave. (fl 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, as part of the employee's duties upon returning to work, to assign the employee to such training as is necessary in its judgment to ensure the employee's familiarity with job duties and knowledge. Section 3. Time Off An employee shall be granted necessary time off from his/her duties with pay for any of the following reasons: (a) For participation in Police promotional examinations held by the City or other examinations required by the City when such time off does not, in the judgment of the Police Chief, interfere with or impair the operations of the Department: � (b) For serving on a Jury. The employee may be required to furnish proof of such service and shall work any part of his/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. -15- (d) For required active or inactive training duty as a member of a Reserve Component or the National Guard falling on the employee's regularly scheduled work days up to a maximum of seventeen (17) work days per year without loss of seniority rights or efficiency rating. Absences from duty for required military reserve training in excess of seventeen (17) days work per year or for any non-required military reserve training for which the employee initially volunteered shall not be compensated for by the City. A copy of the employee's military orders certifying his/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 without pay. The employee shall be required to provide timely notice of such training assignments to the City. Failure to provide timely notice of an employee's military orders to the Police Chief shall be considered just cause for disciplinary action not to exceed a three (3) day suspension. (e) When directed by the City Manager or Police Chief to attend professional or other conventions, institutes, courses, or meetings. (� When directed by the City Manager or Police Chief to attend in-service training or other in-service meetings, including authorized safety meetings. An employee may be granted time off without compensation for attendance at meetings other than those specified in Subsections (a) through (� 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 anangements therefor, and further provided, that such time off will not affect the efficient operation of the department in the sole and unlimited discretion of the Police Chief or his/her designee. With the prior approval of the 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, of employees or their wives or husbands, or 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 City Manager for any of the following reasons: (a) Because of the physical or mental disability of the employee; (b) Because the employee has announced his/her candidacy for public office; -16- r!i u �J � (c) Because the employee is entering upon a course of training 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 City Manager to wanant such leave of absence. � (e) Maternity/child care leave to enable a parent to care for a newborn, newly adopted or seriously ill child, provided, however, that if both parents are employees of the City, only one parent at a time may take maternity/child care leave. An employee may � request to utilize vacation, holiday, and comp time to continue pay status in accordance with current federal or state guidelines on family medical leave. Leave for any of the above reasons shall be subject to the following regulations: (a) Such leave shall not be granted for more than six (6) months but may under the provisions of paragraphs above be renewed upon written application therefor by the employee and approved by the City Manager. (b) An employee granted a leave of absence hereunder shall, except as hereinafter provided, be restored to his/her former position on the expiration of the leave, or, if requested in writing by the employee and approved by the City Manager, before the expiration thereof. (c) In the event that it is determined by the City Manager that it would not be in the best interest of the City to restore such employee to his/her former position or in the event that his/her former position has been abolished in the meantime, he/she shall be placed at the head of the re-employment list for the class or position 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 re-employment list, the names shall be ananged in order of seniority. Time off with compensation taken under any of the provisions of this Agreement (including vacation and sick leave) shall not be required to be made up. Section 5. Personnel Records It shall be the right of any member of the bargaining unit, at reasonable times, to inspect his/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 the public pursuant to a request therefor, the employee's home address and telephone number will not be furnished. -17- Section 6. Residency Requirements 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 and Pasco County. Police Service Technicians hired on or after October 1, 1991, shall also be required to establish and maintain their bona-fide, permanent residence within the geographical boundaries of Pinellas County and Pasco County. Violation of this provision shall be just cause for discipline. Section 7. Tobacco Product Usage Employees in the bargaining unit hired on or after December 15, 1986, are prohibited from smoking or chewing any form of tobacco product, both on or off the job, during their employment with the City. Police Service Technicians hired on or after October 1, 1991, are prohibited from smoking or chewing any form of tobacco product, both on or off the job, during their employment with the City. Violation of this provision shall be grounds for discipline. Section 8. Seat Belts and Safety Gear All employees are required to wear seat belts when driving or riding as a passenger in City vehicles or in a personal vehicle on City business, except in cases of operational necessity or when a City car does not have available seat belts. They are further responsible for attempting to secure compliance with the required use of seat belts by all other occupants in any vehicle they are driving (City or personal) when on City business. Whenever the employee is furnished with City safety gear, he/she shall wear it whenever he/she is on duty. Section 9. Outside Employme�t Outside employment of bargaining unit members shall be subject to provisions of the City's Civil Service Rules & Regulations and the Departmental Rules and Regulations governing outside employment, provided further, however, that police-related outside employment shall be limited to a maximum of 20 hours per week. During periods of unusual seasonal demand, exceptions to the 20-hour maximum will be considered by the Police Chief, or his/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 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 : � � r�, l___J � I � li I � provision of public services or to reduce the cost of providing such services; and that it may take such other actions as it deems appropriate to improve productivity. Section 11. Probationary Periods (a) Parking Enforcement Officers, Police Service Technicians, and Police Recruit IIs shall serve a probationary period not to exceed six (6) consecutive calendar months during which time the Department shall observe and review the employee's job performance, attendance, attitude and adherence to Departmental and City requirements. If during the probationary period, or at the end of such period, the Department determines that the employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said employee may be separated by the City. In such event, the City shall present to the employee reasons for such separation. An employee who is separated during, or at the expiration of the probationary period, shall have no right to a grievance under this contract. In the event that the employee was previously a certified City employee who was � promoted, said employee shall be returned to his/her former position and shall not be separated for failure to successfully complete the probationary period; provided, however, that if such employee has committed a serious infraction which warrants dismissal, then the ' employee shall be dismissed and not returned to his/her former position. � (b) Police Officers, from the date of promotion or appointment to the classification of "Police Officer," shall serve a probationary period of one year during which time the Department shall observe and review the employee's job performance, attendance, attitude, � and adherence to Departmental and City requirements. If, during the probationary period or at the end of such period, the Department � determines that the employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said employee may be separated by the City. In such event, the � City shall present to the employee reasons for such separation. An employee who is separated during or at the expiration of the probationary period shall have no right to a grievance under this contract. A City employee who has been certified under Civil Service rules and who is promoted to Police Officer and who subsequently fails to satisfactorily complete the probationary period as a Police Officer may request to be returned to the former non-police City position which the employee previously held as a certified employee. Subject to approval of such request by the City Manager, the employee shall be returned to such former position in accordance with civil service and personnel rules or contract provisions relevant to the bargaining unit, if any, of such job classification. -19- � Section 12. 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: i I � �r I� (a) 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. (b) A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purpose and limitations. (1) 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. I, (2) The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eli gibilit y f o r an d t he amoun t o f � 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. (3) The committee's decisions are final and are not grievable. (c) Bargaining unit members may donate days from their vacation or floating holiday balances to the leave pool one time per year in January. (1) 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. (2) 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). -20- (3) Donations of pool leave time are irrevocable. (4) No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. (d) 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.). (e) 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 pool leave time will be refunded. ARTICLE 9 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. ARTICLE 10 EXISTING RULES Section 1. A Police Department rule, regulation, policy or procedure now in existence in conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Section 2. Employees shall be required to observe and comply with all current and future written rules and regulations as set forth in Departmental procedures and such special and general orders and other written communications, except those which are in conflict with this Agreement. Section 3. No disciplinary action shall be taken for violation of a newly established � or amended rule or regulation until such rule or regulation has been posted for at least forty-eight (48) hours. �J � � �J Section 4. The President of the F.O.P. shall be forwarded a copy of any written departmental memorandum, rule, regulation, general or special order, or policy intended for publication to all members of the bargaining unit which is intended to establish a standard of conduct for members of the bargaining unit. -21- ARTICLE 11 POLICE OFFICERS' DUTIES Section 1. The Union agrees that the duties of Police Officers covered by this Agreement involve the performance of general police duties. The City agrees that members of the bargaining unit shall not be required to perform duties or functions not reasonably consistent with the job specifications and duties as set forth in their respective job descriptions or reasonably related to the performance of functions of the Police Department. Section 2. The City agrees that members of the bargaining unit shall not be required to change automobile tires, except in emergencies; nor shall they be required to manually push disabled motor vehicles; however, they shall make appropriate efforts to remove such disabled motor vehicles where the elimination of blocked or congested traffic flow or related safety needs is such as to reflect that the disabled motor vehicles should be reasonably relocated from the scene. Supervisors will be provided a noose for use by Police Officers in moving dead animals. ARTICLE 12 SE1vIORITY Sectio� 1. Seniority for purpose of vacation accrual shall be defined as the length of continuous service in full-time City employment and will continue to accrue during all types of leave of absence with pay and other leaves when specifically provided in this Agreement. Employees in their initial probationary period shall not accrue seniority. After successful completion of the police officer's initial probationary period, seniority will revert to date of employment on a full-time basis as a police recruit and shall be called police officer bargaining unit seniority. After successful completion of the parking enforcement officer's and police service technician's initial probationary period, seniority will revert to date of employment on a full-time basis as a parking enforcement officer or as a police service technician respectively. Such seniority shall be called parking enforcement officer or police service technician bargaining unit seniority. Bargaining unit seniority within each of the aforementioned bargaining unit seniority groups shall be utilized within the respective groups to determine vacation and floating holiday selection and as a factor should layoffs be required. Notwithstanding the above, the Department shall have the right to temporarily assign police service technicians to work on a shift not consistent with their shift selection where the employee has had specific cross-training and a need for temporary fill-in work in another job area is required (e.g. court liaison). Section 2. No new employees shall be hired in a job classification within the bargaining unit until all employees on layoff in that job classification have been given an opportunity to return to work at their original seniority date and positions; provided, that -22- after one (1) year of layoff the employee shall cease to accrue seniority, and that such re-employment rights shall cease after two (2) years from date of the layoff. Section 3. Officers shall be permitted to bid shift assignments by bargaining unit seniority, but the Department reserves the right to ensure that officers with specialized skills or officers in any phase of the FTO program, including senior officers transferred from another Division requiring retraining are appropriately deployed among the shifts, and to ensure that officers with less than two years departmental seniority are distributed relatively evenly among the shifts. Section 4. An employee shall lose his/her status as an employee and his/her seniority if he: a. resigns or quits; b. is discharged or terminated (unless reversed through the grievance or arbitration process); c. retires; d. does not return to work from layoff within thirty (30) calendar days after being notified to return by certified mail addressed to his/her last address filed with the Human Resources Department except as provided in Section 6 of this Article; e. has been on layoff for a period of two (2) years; 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 5. If an employee who has already completed his/her initial probationary period in a satisfactory manner is transferred, demoted or promoted within the City to a position not included in the bargaining unit covered by this Agreement and is thereafter transfened, demoted or promoted again to a position in the same job classification as the job he/she previously held, he/she shall not be deemed to have accumulated bargaining unit seniority while working the position not within the bargaining unit. � Section 6. Recall from layoff will be made by certified letter to the last address in the employee's record in the Human Resources Department. The employee must, within � seven (7) days of the certified receipt date, notify in writing the Human Resources Director and the Police Chief of his/her intention of returning to work. Return to work must occur within thirty (30) days of the certified receipt date of the City's notice of recall, except as � hereinafter provided. An employee, when offered recall, who is temporarily unable to accept due to personal or medical reasons after notifying the Department of his/her intention of returning may, in the sole discretion of the City, be granted, if necessary, up to sixty (60) � days leave of absence without pay, but without loss of seniority rights, to return to � -23- employment. The employee must request such leave of absence and provide the specific reasons therefor. Section 7. Employees who decline recall, or who, in the absence of extenuating circumstances acceptable to the City, fail to respond as directed within the time limit allowed, shall be presumed to have resigned and their name shall be removed from the re-employment list. Section 8. Employees who are recalled may be required to pass the City's standard physical examination for their particular job classification before returning to work. If unable to pass said examination, the employee shall not be permitted to return to work. Such employee shall be returned to the re-employment list until able to pass the examination or until expiration of the eligibility period of the list as provided above. Section 9. Employees who are required to have specific certifications (e.g., State of Florida certification as police officer) or to possess designated licenses (e.g., driver's license) in order to perform their jobs must present evidence of such certifications and licenses as a condition of their re-employment and failure to do so shall be cause for denial of their return to work. ARTICLE 13 PROMOTIONAL PROCEDURES Section 1. All non-probationary police officers shall be eligible to compete in the promotional exam for the position of Police Sergeant and all non-probationary Police Service Technicians shall be eligible to compete in the promotional exam for PST Supervisor, provided they have satisfied the minimum qualifications as established by the City Manager. Section 2. Promotional exams shall be announced and scheduled at least 60 days prior to the actual test date. Section 3. Members of the bargaining unit shall notify the Human Resources Department at least 14 days prior to the test date of their desire to be a participant. Sectio� 4. Following the administration of any written exam or written portion of exam which may be given, each member of the bargaining unit who took said written exam or written portion thereof will have a 14-day period within which to review the master questions and answer key. Before expiration of the 14 day period, any examinee who wishes to challenge any answer must do so in writing to the Human Resources Director specifying the basis for the challenge. The City will have 14 days within which to consider the challenge and to promulgate a final answer key applicable to all examinees. Section 5. Within 14 days following promulgation of the final answer key, grades relating to any written exam or written portion of any exam shall be posted. -24- Section 6. Within 14 days after the grading of the full test has been completed, a promotional list will be published. Section 7. Establishment of Promotio�al Lists for Police Sergeant The names of all persons who may be lawfully appointed as and who shall have attained a passing grade on the promotional examination for Police Sergeant and PST Supervisor shall be placed on the appropriate promotional list in the order of their final grade without regard to time of tests. The names of two or more eligibles having the same final grade shall be placed on the list by arranging the names in order of seniority as a Police Officer. In the event that grades and seniority are identical, names shall be listed alphabetically. Section 8. Duration of Lists The promotional eligible list for Police Sergeant, shall be established for the term and period of two (2) years from the date of the examination which established such eligibility. The City shall not be required to administer an examination or otherwise prepare a promotional eligibility list for Police Sergeant solely because there is not an available list, unless there is a current opening; exams may be scheduled when a list is deemed inadequate by the City in its sole and unlimited discretion. Section 9. Removal of Names from Lists Names of eligibles for Police Sergeant shall be removed from appropriate eligible list by operation of any of the following: (a) Appointment through certification from such list to fill a permanent position of Police Sergeant. (b) Written statement by the eligible that he/she is not willing to accept appointment. Such statement may be restricted to a limited period of time if based on reasons satisfactory to the Human Resources Director. (c) Declination of appointment when appointment is offered by the Police Chief or City Manager. (d) Separation from the City service of an employee on a promotional list. (e) Disability that prevents the eligible from performing satisfactorily the duties of the position. (fl Removal from the employment area designated by the City when such residence was required as a condition of appointment. -25- � ' � � . _J (g) Determination by the Human Resources Director that the eligible has been found to lack any of the established qualifications for the position of Police Sergeant. (h) Expiration of the life of the list. Section 10. Removal of Names from Lists Names of eligibles on the Police Sergeant Eligible List maj� be removed from the list if the City deems that the eligible willfully or knowingly gave wrong information, withheld information, or evaded in responses relating to his/her employment background, training, education, or character. � Section 11. The written portion of the examination for Police Sergeants will be given to examinees on the same day; however, more than one administration may be given on the same day. Any examinee who divulges to any other person information relating to questions � and/or materials contained in the test will be subject to disqualification from the Eligible List for Police Sergeant and to discipline. �J �J � ARTICLE 14 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 President's Day , Memorial Day Independence Day ' Labor Day Veterans' Day Thanksgiving Day , Christmas Day Employee's Birthday � , , ' January 1 Federal Holiday Federal Holiday Federal Holiday July 4 Federal Holiday November 11 4th Thursday in November December 25 Pay Period in which birthday falls The City shall determine whether an employee will work on holidays and reserves the right to determine the appropriate level of staffing and the schedule employees will observe on the holidays. This applies to all bargaining unit employees. (b) In the event that one of the above named holidays occurs during the course of an employee's vacation, then the employee's vacation shall be extended one day. (c) In the event that one of the above named holidays occurs while an employee is on paid sick leave, the employee shall receive holiday pay at his/her straight time rate and � -26- , ' shall not be charged sick leave pay for that day. In the event the employee is on sick leave without pay, or any other form of time off without pay, the employee shall not be paid for the holiday. � (d) Employees who work eight (8) hours or more on Christmas Day, New Year's Day, Independence Day, and Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay. � I' I� �J 1 (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 officer's regular day off, 8-hour and 10-hour officers 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. (� In addition to the designated holidays above, employees shall be entitled to up to three (3) floating holidays as herein provided. Neither the holidays listed in paragraph (a) above, nor any day for which an employee is not scheduled to work, may be selected as a floating holiday. Floating holidays shall be subject to the following requirements and conditions: (1) No employee may utilize floating holidays until thirty (30) calendar days after his/her employment. , (2) Any person employed between October 1 and December 31 shall receive three (3) floating holidays to be utilized during the Fiscal Year of hire; any persons employed between January 1 and March 31 shall receive two (2) floating holidays to be utilized during ' the Fiscal Year of hire; any persons hired between April 1 and June 30 shall receive one (1) floating holiday to be utilized during the Fiscal Year of hire. Persons employed on or after July 1 st shall not be eligible for any floating holidays during the Fiscal Year of their hire. � After the year of hire, employees shall receive three (3) floating holidays each calendar year. ' � � (3) Floating holidays may not be carried over from one Fiscal Year to another and, if not taken, are forfeited except as provided in paragraph (4) below. (4) An employee may elect to take one or more floating holidays for which he/she is eligible (and has not taken or scheduled) 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. (5) Floating holidays are scheduled at the mutual convenience of the employee and the Department. (g) Pay procedures regarding specific situations as related to holidays follow: NOTE: Officers cannot take leave time (comp time, vacation, sick leave, etc.) in lieu of a holiday. An officer normally scheduled to work the holiday, must take the day as a -27- � , , I ' holiday. If an officer calls in sick when scheduled to work, the officer shall receive holiday pay (8 hours for the 5/8 employee and 10 hours for the 4/10 employee) and shall not be charged sick leave. (1) Procedure when holiday falls on officer's scheduled work day but officer takes the day off: Pay eight (8) hours holiday pay for the 5/8 shift and ten (10) hours holiday pay for the 4/10 shift. Both types of employees are paid for 40 hours -- a standard work week minus one work day plus one day holiday. (2) Procedure when holiday falls on officer's scheduled work day and officer works , the day: Employees on both 5/8 and 4/10 shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. I� �J (3) Procedure when holiday falls on officer's scheduled work day and officer works "overtime" (time beyond the normal daily schedule of officer): Employees on both 5/8 and 4/10 shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. Whether the overtime hours are straight overtime or premium overtime is determined by the total "sweat" hours paid for the work week. There is no extra holiday pay for hours worked over the basic shift. (4) Procedure when holiday falls on officer's scheduled work day and officer takes , part of the day off: Employees on both 5/8 and 4/10 shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. � ' ' ' (5) Procedure when holiday falls on officer's regular day off, but officer works overtime: Employees on both 5/8 and 4/10 shifts receive eight (8) hours holiday pay. The overtime hours are turned in as overtime. Whether the overtime is straight overtime or premium overtime is based on the total hours worked in the work week. (6) Procedure when premium holiday falls on officer's scheduled work day and employee works his/her scheduled day: employee receives 2-1/2 times regular pay for all hours worked. (7) Procedure when premium holiday falls on officer's scheduled work day and ' officer works "overtime" (time beyond the normal daily schedule of the officer): Employees receives 2-1/2 times regular pay for all hours worked. � (8) Procedure when premium holiday falls on officer's scheduled work day but officer takes part of the day off: If the employee works eight (8) hours or more, all hours ' worked are paid at 2-1/2 times regular pay. If the employee works less than eight (8) hours, he/she is paid eight (8) hours holiday pay at the regular rate of pay plus all hours worked at the regular rate of pay. ' � l_J (9) Procedure when premium holiday falls on officer's regular day off but officer works overtime for a special detail: If the employee works less than eight (8) hours, he/she is paid eight (8) hours holiday pay at the regular rate of pay and all hours worked at the rate : of pay as determined by overtime calculations. (If the employee works eight (8) hours or more, all hours worked are paid at 2-1/2 times regular pay.) NOTE: In case of a premium holiday, the 2-1/2 times regular pay rate does not apply unless the employee works eight (8) hours or more on the holiday. Section 2. Vacations (a) Every full-time employee who is compensated on a salaried or hourly-rated basis shall be entitled to an annual vacation leave with pay at his/her regular salary or hourly rate in accordance with the provisions hereinafter set forth. (b) The vacation year shall be a calendar year and, except as hereinafter provided, the vacation shall be deemed to have been earned in the calendar year immediately preceding the calendar year in which it is taken or becomes due. Any vacation heretofore taken shall be construed to have been earned prior to the time it was taken. Except when specifically requested by the Department head and approved by the Human Resources Director vacation leaves may not be anticipated but shall be taken as herein provided. (c) A full-time permanent employee shall be deemed to have earned and be eligible for his/her first vacation on the first anniversary date of his/her employment, provided that such first anniversary date falls on or before the thirtieth day of September in that calendar year. In the event that such employee's first anniversary date falls after September 30th in that calendar year, the provisions of paragraph (d) hereunder will apply. The provisions of this paragraph contemplate continuous service as hereinafter defined. (d) Thereafter, and during his/her continuous service as hereinafter defined, such employee shall become eligible for a vacation on the first day of each succeeding calendar year. (e) For the purposes of this Section, continuous service shall mean employment by the City in a position in the classified service without interruption or break as defined by the provisions of Section 3 of Rule 10, Civil Service Rules. (� Compensatory time off may, with approval of the Police Chief, be taken in conjunction with a regular vacation. � (g) With the prior approval of the Police Chief, an employee's vacation leave may be accumulated up to but not exceeding the number of days that can be accumulated by the employee in two years, except that compensatory time off if taken in conjunction with an ' accumulated vacation, shall not be included in such limitation. For the purposes of this Section, an unused vacation leave, or any portion thereof, shall be deemed to have been , accrued at the end of the calendar year in which the employee was eligible to take such vacation. Accumulated vacation therefore, shall be defined as a combination of accrued and current vacation leave. , ' -29- i� I� (h) Upon the granting of a military leave of absence (for that leave described in Article 8, Section 2, of this Agreement) to an employee he/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. ' (i) An employee absent under the sick leave provisions of this Agreement shall, to that extent, be considered as having been continuously employed for the purpose of earning a vacation. This provision shall be deemed to include any period of absence to the extent � of which the employee, because of an injury incurred in the City service, receives income under the Workers' Compensation Act. , ' (j) The City agrees to continue the following vacation schedule for the duration of this Agreement: Years of Service Vacation Hours I � 1 - 2 80 3 gg 4 96 � 5 104 6 112 7 120 ' 8 - 10 128 11 136 ' 12 144 13- 15 152 16 & over 160 (k) 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 the Chief, such an arrangement would not be detrimental to the administration of the department. (1) 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. (m) Where an illness of three (3) or more days occurs during a vacation, an employee may charge this time to sick leave, and such time charged to sick leave shall not -30- be charged against the employee's accrued vacation. In such event the employee shall be required to provide a doctor's certificate as provided in Article 8, Section 1, paragraph (1). (n) An employee, upon termination, shall be entitled to receive all accrued unused vacation pay that remains at the time of termination. (o) Vacation Creditable Toward Retirement: In addition to accrual of vacation as provided in Article 14, Section 2, paragraph (g) of this Agreement, an employee, three years prior to retirement in the City Pension Plan, can begin saving and accumulating vacation leave earned up to 50 % annually to be paid at retirement. The amount of accumulation in the vacation retirement bank shall not exceed six weeks. The employee must submit formal written notification of the intent to accumulate one-half of his/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 indicated, 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. Section 3. Recall Pay Any employee who is recalled to duty after having left for the day, or on a regularly scheduled day off, or compensation day, or more than three (3) hours prior to the start of his/her regularly scheduled tour of duty, shall be guaranteed a minimum of two (2) hours pay or 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. This specifically excludes court appearances. Any employee recalled while on vacation shall be paid at time and one-half for all hours worked. Section 4. Acting in Higher Position Pay If a Police Officer serves in a higher capacity on an acting basis for twenty (20) consecutive work days or more, he/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 five percent (5 %) above the employee's base salary. Section 5. Court Attendance Any employee whose appearance is required in county or circuit court as the result of a matter arising out of the course of his/her employment shall receive a minimum of three hours pay if such attendance is during the employee's regularly scheduled time-off. This provision shall also apply when the employee is subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or private attorney's office in a criminal, traffic, or civil case arising from the employee's course of employment. When an employee is subpoenaed to Traffic Court during his/her regularly scheduled time-off, he/she will receive a minimum of two hours pay unless the Traffic Court is convened outside the officer's assigned area in -31- 1 � ' ' � ' � r t which case, the officer will receive a minimum of three (3) hours pay. All time paid for any court attendance will count as time worked. In all instances of court appearances scheduled less than three hours prior to an employee's tour of duty, the employee will be deemed to have started work at the time indicated on the subpoena and will be paid for all hours worked in excess of eight hours. In all cases, the employee will be responsible to inquire of the department designee between 1600 hours of the day preceding and 0700 hours of the date of the scheduled court appearance so as to ascertain the status of the case and receive instructions. An employee will go on standby status as of the date and time required by the subpoena if he/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 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 hours minimum. Standby time shall be excluded from hours worked computations. Section 6. Physical Examinations and Inoculations (a) The City and Union agree that the physical fitness of police officers is of ' importance to insure the public of quality police service. The City will provide, at no cost to the employee, free and mandatory annual physical examinations for each employee. All employees whose physical fitness or medical status is deemed deficient in some manner as i� a result of the physical examination shall be counseled by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health. Employees hired after July 1, 1987, shall be required to meet ' certain designated standards consistent with those which were required at the time of their initial employment, and if found deficient in certain designated areas, shall be required to undertake a fitness rehabilitation program in an effort to improve their physical fitness and ' health to the point consistent with designated standards. Such programs shall be com leted within prescribed time periods of not less than 3 months nor more than 6 months. PSuch � employees shall be subject to disciplinary action up to and including termination for failure to participate in fitness rehabilitation programs as referenced hereunder. ' ' ' ' ' (b) In the event that the Department determines that an officer requires an inoculation or immunization as the result of exposure to a disease or illness in the line of duty, then the same immunization or inoculation will be made available to the members of the officer's household. (c) Physicals will be administered no less than ten (10) months and no more than eighteen (18) months apart. -32- ' , ' (d) The Department will attempt to schedule physicals while the employee is on duty. An annual physical fitness exam will also be administered during the employee's on-duty time. Work schedules of affected employees may be subject to change in order to accomplish this objective but only if the examinations cannot be scheduled during work hours. It is the employee's responsibility to ensure that the physical is completed, and no employee shall be paid for time spent taking a physical unless that time falls within his assigned shift. Sectio� 7. Funeral Leave ' Each employee shall be allowed up to four (4) days funeral leave with no loss of pay and no charge against sick leave time in the event of death in the "immediate family." � Death in the "immediate" family shall be defined as a death of a spouse, child, stepchild, mother, stepmother, father, stepfather, grandfather, grandmother, grandchild, brother or sister of the employee or the employee's spouse. Additional funeral leave for a death in the immediate family may be requested in accordance with current rules and regulations. Each employee shall be allowed up to two (2) work days at any one time for a death of a member of the "close" family chargeable to sick leave. "Close" family shall be defined as the following family members: stepbrothers; stepsisters; brother's wife; sister's husband. Additional time, chargeable to sick leave, may be requested in accordance with current rules and regulations. An employee must attend the funeral in order to receive pay for a death in the family. Section 8. Uniform Allowance (a) The City shall continue to provide the uniforms and equipment cunently provided by the City, except that the City may make changes in styles or update equipment. (b) Detectives shall receive a plain-clothes allowance of $750.00 during the first year of the contract, $650.00 the second year, and $650.00 the third year. (c) The City shall provide each sworn officer with a bulletproof vest, provided that the officer so requests; provided, however, that it shall be just cause for disciplinary action if an officer provided a vest does not wear it while on duty. (d) Persons transferred to plain-clothes duty shall be permitted to retain at least one uniform. (e) The City may determine the most appropriate way to pay uniform allowance; e.g., biweekly, monthly, quarterly, annually. Further, the City may change the manner in which the allowance is paid provided that employees are given not less than 30 days notice -33- ' � ' ' ' � �, � � � � 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 incuned in the line of duty. (b) An injury shall be deemed to have been incurred in the line of duty if and only if such injury is compensable under the Florida Workers' Compensation Law. (c) The amount of compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the supplement herein provided and all other payments herein described equal the employee's 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. (Changes in workers' compensation law will modify this paragraph accordingly.) (e) The term disability as used in this � line-of-duty injury to earn in the same or any employee was receiving at the time of the injury. � i � ' � ' Section means incapacity because of the other employment the wages which the (� 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 active status. In the event of any dispute or disagreement concerning the interpretation of this Section, then the decisions concerning definition of the terms of this Section issued under the Florida Workers' Compensation Law shall control. (g) The City will provide line-of-duty injury pay with no charge to an employee's sick 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. -34- r � (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 surn 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 all line-of-duty pay under Article 14 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 provision 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 Comp. 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. Section 10. Insurance The City agrees to meet with the F.O.P. and other City of Clearwater unions' representatives to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. The City further agrees to provide the F.O.P. with such information as would be required to formulate such a benefit package and to cooperate with the F.O.P. to obtain pertinent information from the present carrier and the insurance consultant. Until a benefit package is formulated and put into operation, the City agrees to continue the current benefits of life and health insurance. -35- � � � I � � � L_ J �7 � � CJ � � � � � Section 11. Overtime Pay (a) 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) If a regularly scheduled work day is to be cancelled, the employee must be notified by the end of his/her tour of duty immediately preceding the scheduled work day to be cancelled. No regularly scheduled work day will be cancelled for the sole purpose of avoiding overtime pay. (c) Employees shall be paid for all hours actually worked. The City shall pay overtime at the rate of time-and-one-half for all hours actually worked in excess of 40 hours in any one work week. Hours for which an employee is paid as a result of holidays, sick time, vacation and similar periods of nonproductive time shall not be considered as time worked for the purpose of computing overtime pay, except as otherwise provided in this Agreement. (d) The work week shall be from 11:00 P.M. Friday to 11:00 P.M. the following Friday. (e) An employee may be required to work overtime if, in the sole and unlimited discretion of the Police Chief or his/her designee, his/her services are necessary. Section 12. Wages A. Pay Schedule The City shall provide a four percent (4%) one-time payment effective the first pay period following the approval of the contract; a three percent (3 %) general wage increase effective October 1, 1995; and a three percent (3 %) general wage increase effective October 1, 1996, by adjustment of the bargaining unit wage schedule for fiscal years 1995 and 1996. Biweekly pay schedules shall be as follows: Sten 1 2 3 4 5 6 7 8 9 10 11 12 BIWEEKLY PAY SCHEDULE BY FISCAL YEAR Police Service Technician 1994-1995 1995-1996 1996-1997 736.22 768.22 808.96 849.73 893.34 937.02 960.30 983.58 1,006.84 1,033.06 1,059.22 1,085.70 758.31 791.27 833.23 875.22 920.14 965.13 989.11 1,013.09 1,037.05 1,064.05 1,091.00 1,118.27 i -36- 781.06 815.01 858.23 901.48 947.74 994.08 1,018.78 1,043.48 1,068.16 1,095.97 1,123.73 1,151.82 � ' � Sten 1 2 3 4 5 6 7 8 9 10 11 12 Sten 1 2 3 4 5 6 7 8 9 10 11 12 Sten 1 2 3 4 5 6 7 8 9 10 11 12 1994-1995 803.49 842.06 883.51 931.01 978.42 1,025.84 1,052.57 1,079.22 1,102.94 1,132.60 1,160.92 1,189.94 1994-1995 954.79 1,002.10 1,052.57 1,102.94 1,159.29 1,218.57 1,248 .22 1,283.82 1,313.46 1,346 .07 1,379 .72 1,414.21 1994-1995 978.42 1,025.84 1,079 .22 1,132.60 1,188.91 1,248 .22 1,283.82 1,313.46 1,346.07 1,378.66 1,413.14 1,448.47 PST Supervisor 1995-1996 827.59 867.32 910.02 958.94 1,007.77 1,056.62 1,084.15 1,111.60 1,136.03 1,166.58 1,195.75 1,225.64 Police Recruit II 1995-1996 983.43 1,032.16 1,084.15 1,136.03 1,194.07 1,255.13 1,285.67 1,322.33 1,352.86 1,386.45 1,421.11 1,456.64 Police Officer 1995-1996 1,007.77 1,056.62 1,111.60 1,166.58 1,224.58 1,285.67 1,322.33 1,352.86 1,386.45 1,420.02 1,455.53 1,491.92 -37- 1996-1997 852.42 893.34 937.32 987.71 1,038.00 1,088.32 1,116.67 1,144.95 1,170.11 1,201.58 1,231.62 1,262.41 1996-1997 1,012.93 1,063.12 1,116.67 1,170.11 1,229.89 1,292.78 1,324.24 1,362.00 1,393.45 1,428.04 1,463.74 1,500.34 1996-1997 1,038.00 1,088.32 1,144.95 1,201.58 1,261.32 1,324.24 1,362.00 1,393.45 1,428.04 1,462.62 1,499.20 1,536.68 � � �l U ' � � � � � I� , � � � � � � Parking Enforcement Officer Sten 1994-1995 1995-1996 1996-1997 1 2 3 4 5 6 7 8 9 10 11 12 696.75 726.42 764.95 803.49 842.06 883.51 910.18 931.01 954.69 978.42 1,002.89 1,027.96 717.65 748.21 787.90 827.59 867.32 910.02 937.49 958.94 983.33 1,007.77 1,032.98 1,058.80 739.18 770.66 811.54 852.42 893.34 937.32 965.61 987.71 1,012.83 1,038.00 1,063.97 1,090.56 (b) Pay Schedule Format - Merit & Longevity Step Increases The Police Service Technician, Police Recruit II and Police Officer classes shall have twelve steps: an entry step, five merit steps and six longevity steps. Merit steps shall provide for an approximate five percent (5 %) increase over the preceding step, and longevity steps shall provide for an approximate two and one-half percent (2-1 /2 %) increase over the preceding step. Pay increases up to and including step 6 are not automatic but are management review rates and may be granted only upon the recommendation of the Department Director and Appointing Authority. Eligibility for review for within pay schedule increases shall be as follows: Appoi�tment and Merit Step Review and Advancement: Step 1 Original appointment or promotion Step 2 At the end of one year of satisfactory service in Step 1 Step 3 At the end of one year of satisfactory service in Step 2 Step 4 At the end of one year of satisfactory service in Step 3 Step 5 At the end of one year of satisfactory service in Step 4 Step 6 At the end of one year of satisfactory service in Step 5 If an employee's evaluation by management is satisfactory or higher, the approved merit pay increase shall become effective as of the date of the employee's eligibility therefore, except as provided in paragraph (c) below. : � 1 �1 ' Longevity Step Review and Advancement: Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 At the end of two years of service in Step 6 At the end of two years of service in Step 7 At the end of two years of service in Step 8 At the end of two years of service in Step 9 At the end of two years of service in Step 10 At the end of four years of service in Step 11 Note: An employee promoted from Police Recruit I to Police Recruit II or Police � Officer or from Police Recruit II to Police Officer shall be provided an approximate two and one-half percent (2-1/2%) pay increase upon the promotion. Such promotional pay increase � shall be computed as per the Pay Plan ranges and steps and does not necessarily reflect an exact percentage. � � (c) Merit Step Review - Increases and Delay or Denial Employees who receive a merit eligibility evaluation of Satisfactory or higher shall be advanced as provided in Section (b) above. � Employees who receive a merit eligibility evaluation of less than Satisfactory shall not be granted a merit step advancement. Such employees shall be reevaluated after three months and, if then rated Satisfactory, shall be granted a merit step adjustment as of that � date. The effective date of the increase shall be utilized for the purpose of determining eligibility for review for advancement to the next higher step. � If the initial three months follow-up rating is still less than Satisfactory, the employee shall be evaluated again in three more months. If then rated Satisfactory or higher, the employee shall be granted a merit step adjustment as of the end of that second three-month � follow-up period. The effective date of this increase shall be utilized for the purpose of determining eligibility for review and advancement to the next higher step. � � � �� , � If the employee is rated less than Satisfactory on the second three months follow-up rating, no merit step advancement shall be made and the employee will be evaluated again one year from the date of the initial annual evaluation which was less than Satisfactory. Section 13. Compensatory Time Allowance Employees will be provided the opportunity to request to be granted compensatory time, in lieu of overtime payment, up to a maximum cumulative accrual of fifty-six (56) hours of compensatory time. At no time may an employee's total accrual of compensatory time exceed forty (40) hours. Compensatory time accrual will be at time and one half for each hour selected in lieu of premium overtime payment. Requests to use compensatory time shall be made to the appropriate Police Captain or other managerial employee. Compensatory hours off shall be considered as hours worked in computing overtime under this article. Qc3!� � � , � � � � � � Section 14. Shift Differential A bargaining unit member 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. 100 200 300 Hours Payment Per 14-Day Period 2400-0700 7 % 0700-1600 0 % 1600-2400 5 % The payments shall be computed as a percentage of the employee's base pay, including his/her merit and longevity step. (b) An officer'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 officer's shift. Temporary shift or duty assignments of less than thirty (30) calendar days shall not entitle an officer to shift differential pay. Employees in the bargaining unit assigned for initial or remedial training under the FTO program shall not be entitled to shift differential pay. � (c) Shift differential pay shall be paid to any officer regularly assigned to a Series 100 or 300 shift and shall not be prorated on account of vacation, holidays or other paid time off. � � � � � �� i � ' Employees who are currently receiving job assignment pay will continue to receive it at the current rate so long as they continue in their current assignment without interruption. Except as to such employees, only detectives, field training officers and crime scene investigators shall be granted job assignment pay in the future. For those employees, the rate shall also be the current rate. Section 15. Funeral Detail (a) The City shall permit the F.O.P. to form a four (4) man detail to act as representatives of the F.O.P. and the City of Clearwater Police Department, and permit this detail to attend the funerals of any law enforcement officer in the State of Florida who loses his/her life in the line of duty. (b) The City will continue to supply transportation (marked cruiser) for the purpose of attending funerals of law enforcement officers. (c) In the event that the funeral is held in a city more than one hundred and fifty (150) miles from Clearwater, the detail will be permitted to remain in the distant city overnight. -40- � � I � � � � ' � � � � � (d) The F.O.P. shall be responsible for the payment of expenses of this detail such as gas, oil, lodgings, and meals. (e) In the event that no member of the funeral detail is off-duty at the time of the funeral, at least two (2) members shall be granted time off, with no loss of pay, for the purpose of attending the funeral. ( fl This provision shall not be subject to the grievance procedure. Section 16. Legal Protection The City agrees to defend any member of the bargaining unit who is sued for damages as a result of actions taken in the scope of his/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 that the Municipal Code Corporation supply the City with copies of those portions of the City Code of Ordinances relating to penal offenses; and the City agrees to distribute same to members of the unit. Section 18. Standby Pay An employee assigned to standby will receive a flat fee of: $ 8.00 per night, Monday through Friday $40.00 per weekend. Only the Police Chief or his/her designee may place an employee on standby. This Section will also apply to all 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 5 working days prior to that event. � events. � � � 1 (b) This section shall not pertain to emergencies or to unplanned or unscheduled (c) Employees assigned to investigative, undercover, tactical, selective enforcement, traffic, canine or community relations are subject to adjustments of their hours and/or days to meet the circumstances at hand. Management will give as much notice as possible when such adjustments are made but it is understood that hours must be flexible. -41- r 1 ' � � � Section 20. Equipment (a) As the department budget permits and as training resources are available, police officers shall be furnished 9 mm weapons and PR-24 batons. Over the next twelve months, the City will supply employees with a two-piece rain suit with detachable hood as supplies are purchased and available and current gear is returned in good condition, reasonable wear and tear excepted. (b) Off-Duty Concealed Weapons An off-duty officer shall have the right to carry, on or about his/her person, a concealed weapon provided that such officer has met departmental qualification standards for the firearm, that such firearm has been duly approved by the Department, and that such firearm is periodically inspected by the Department or other qualified armorer if such firearm is not issued by the Department. This weapon may only be used to perform law enforcement functions. Any officer wishing to carry an off-duty firearm, for which the Department armorer ' is unqualified to perform maintenance, will be authorized to cany the firearm providing that the firearm is otherwise approved and, at the officer's expense, the officer provides annual certification to the Department that the firearm has been inspected and approved by a iqualified armorer. Only hand guns of the caliber listed below shall be approved for off-duty use: .380; 9mm; .38; 357 magnum; lOmm; .40; .41; .44; and .45. Officers shall carry only ammunition approved by the Department armorer in both their on-duty and off-duty firearms. The Department will provide only 9mm and .38 caliber ammunition. It will be the officers' own responsibility to provide ammunition for any other approved caliber, including training ammunition. Section 21. Off-Duty Calls When a bargaining unit member is called by telephone by a supervisor on departmental business solely to respond to a request for needed information, the employee shall be credited with time worked as follows: (a) If the call is six (6) minutes or less, the employee shall be credited with one-tenth of an hour of work time. (b) If the call is greater than six (6) minutes, the employee shall be credited with the actual time involved for work time. (c) If the employee is called and, as a result of the call, is required to take an official action at home on behalf of the City to obtain information, to call other employees in the -42- line of duty, or to take other action on behalf of the City and, subsequently to call the supervisor or other designated City personnel with a response, the employee shall be credited with actual time involved in complying with the supervisory directive. In such event, the employee shall be required to provide his/her supervisor with a full accounting of the time and work for which the employee is to be paid. Section 22. Ca�ine Of�cers (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. ' �� , � �J (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. (fl A monthly allowance of $70.00 shall be provided to each canine officer for supplemental food, medical grooming, pest control, and related needs associated with care of the canine. -43- � � � � ' r � ' r L� � � � ' � ARTICLE 15 BULLETIN BOARDS, RULES AND REGULATIONS, MEMOS, AND POSTING AND COPYING OF AGREEMENT Section 1. Bulletin Boards The City agrees to provide space on bulletin boards at the officially designated roll call rooms and at the Detective Bureau only for posting by the F.O.P. of notices of ineetings or other official F.O.P. information; provided the 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 campaigns. Section 2. Rules and Regulations - Memorandums (a) The President of the F.O.P. shall be forwarded a copy of any written departmental memorandum, rule, regulation, order, or policy, intended for publication to all members of the bargaining unit, which is intended to establish a standard of conduct for members of the bargaining unit. (b) The President of the F.O.P. or his/her designated delegate shall be provided a copy of the agenda in advance of every regular City Commission meeting. (c) The President of the F.O.P. or his/her designated delegate shall be forwarded a copy of the meeting time and place of the Civil Service Board in advance of that meeting. Section 3. Posting and Copying of Agreement (a) The City and the F.O.P. further agree to provide each member of the bargaining unit, within sixty (60) days after its execution, a copy of this Agreement, printed in booklet form. The cost of printing shall be shared equally by both parties. Section 4. Use of Copying Equipment The City agrees to allow the F.O.P. officers to use the Departmental copying equipment while off-duty under the following conditions: , (a) The Chief or his/her designee shall approve the copying of any matter which shall be limited to departmental records which the Chief will not allow the F.O.P. to remove from the Department and copy using its own equipment. � � ' (b) The F.O.P. will be charged and will remit 6 cents per copy or such other rate as may hereafter be established by the City as the rate charged all employees. -44- r ' ' ' � ' (c) Departmental business will of course take priority and the F.O.P. will only be allowed to make copies while the Department is not otherwise using the copier. ARTICLE 16 AMENDMENTS This Agreement may be amended at any time by the mutual consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by each party hereto. ARTICLE 17 SEVERABILITY AND WAIVER � Section 1. Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement to the end that in the event that any clause or clauses shall be finally determined to be in violation of any law, then and in that event � such clause or clauses only, to the extent only that any may be so in violation, shall be deemed of no force and effect and unenforceable without impairing the validity and enforceability of the rest of the contract including any and all provisions in the remainder ' of any clause, sentence or paragraph in which the offending language may appear. � Section 2. The exercise or non-exercise of the rights covered by this Agreement by the City or its employees or agents or the F.O.P. shall not be deemed to waive any such right or the right to exercise them in the future. � ARTICLE 18 , CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES � � � , � � , The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of collective bargaining for and during its term, except as may be otherwise specifically provided herein. -45- � � � ' ' � � 1 ' ' � The parties agree to bargain proposed changes in the City's Pension Plan and changes in the City's Civil Service Rules that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. ARTICLE 19 DISCIPLINE Section 1. No employee who has successfully completed his/her probation shall be demoted, suspended, or dismissed without just cause. Section 2. The City, the Union or the employee may use any work history material as evidence to support or oppose a suspension or dismissal. Prior to a written reprimand being placed in an employee's file, the employee will have the right to confer with the Police Chief or his/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. Section 3. Probationary employees have no right of appeal of disciplinary action under this Agreement. ARTICLE 20 SUBSTANCE USE AND TESTING Section 1. Voluntary use of controlled substances which cause intoxication or � impairment on the job poses risks to the employer, the affected employee and their coworkers. ' 1 � , ' ' LJ Section 2. All bargaining unit employees will be fully informed of the employer's for cause drug testing policy before testing is administered. Bargaining unit employees will be provided with information concerning the impact of the use of drugs on job performance. Captains and other management personnel will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit five employees selected by the Union to attend such training class on City time. Section 3. No bargaining unit employee will be tested for drugs or alcohol unless there exists a reasonable suspicion that the bargaining unit employee to be tested is under the influence of drugs or alcohol. The term "reasonable suspicion" shall, for the purposes of this policy and section, be defined as follows: A. Aberrant or unusual on-duty behavior of an individual employee that is observed on duty by the employee's immediate supervisor or higher ranking employee and confirmed -46- � ' CJ ' i , , , ' ' ' � ' ' r by the observation of another supervisory employee, managerial employee trained to recognize the symptoms of drug abuse, impairment or intoxication (which observations shall be documented by the observers), and this may include such common signs as the following: - observed alcohol and/or drug use during working hours - unexplained work-related accidents or injuries - presence of physical symptoms commonly associated with substance abuse, such as: - impairment of motor functions - slurred speech - incoherent or irrational mental state - drowsiness - smell of alcohol or marijuana - extreme weight loss - red eyes - running nose or sniffling - frequent or extreme mood changes - lack of physical coordination - deteriorating work performance and/or attendance problems not attributable to other factors, such as: - frequent absences or lateness - unexplained absence from assigned work area - frequent or extended visits to the restroom - other marked, unexplained changes in personal behavior B. Random or mass testing is prohibited, except where required by law. Other procedures may be used where required by law. Any testing required by law will be sent to the Union President, along with regulations for such implementation as required, at least twenty (20) calendar days before such regulations are implemented. No drug testing may be conducted without the written approval of the Department Director, or designee. The Department Director, or designee, must document in writing who is to be tested and why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered, and the name(s) of any source(s), or all of this information. One copy of this document shall be given to the bargaining unit employee before he/she is required to be tested. After being given a copy of the document, the affected bargaining unit employee shall be allowed enough time to be able to read and understand the entire document. � Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered. The test results shall be destroyed, and no discipline shall be levied against the bargaining unit employee. ' � � , Sectio� 4. When a Captain or other management personnel has reasonable suspicion to believe that a bargaining unit employee is using, consuming, or under the influence of an alcoholic beverage, non-prescribed controlled substance (other than over-the-counter -47- � � u ' � medications), and/or non-prescribed narcotic drug while on duty, the Captain or other management personnel will notify the Department Director, or designee, for the purpose of observation and confirmation of the employee's condition. If the Department Director, or designee, after observing the employee, also has reasonable suspicion to believe that the employee is using, consuming, and/or under the influence of an alcoholic beverage, non- prescribed controlled substance, or non-prescribed narcotic drug while on duty, then, by a written order signed by both the employee's immediate Captain or other management personnel and the Department Director, or designee, the employee may be ordered to submit to toxicology testing designed to detect the presence of alcohol, chemical adulteration, marijuana metabolites, opiates, amphetamines and phencyclidine in accordance with the procedure set forth below. A. Any employee subjected to such test shall be removed from duty pending the � result of such test, and such employee shall continue to receive his/her regular pay and benefits pending test results. � ' ' ' ' �IJ ' ' r , � ' � B. Refusal to submit to toxicology testing after being ordered to do so shall result in disciplinary action. Section 5. Blood and Alcohol Test Procedure. The following procedure shall apply to blood and urine tests administered to bargaining unit employees. A. The employer may, upon reasonable suspicion, request urine or breath samples except when the employee has been involved in an accident covered by the City's workers' compensation resulting in injury to him/her, in which case a blood sample may be required. The employee, at his/her sole option, shall, upon request, receive a blood test in lieu of a urine or breath test. Urine and blood specimens shall be drawn or collected at the laboratory, hospital or medical facility. When requested by the employee, a Union representative shall be allowed to accompany the employee to the test and observe the collection bottling and sealing of the specimen. All specimen containers, vials, and bags used to transport them shall be sealed with evidence tape and labeled in the presence of the employee and the Union representative (if one has been requested). The chain of custody recommended by the Florida Health and Rehabilitative Services Department will be met or exceeded. B. All testing shall be done by a laboratory certified by the State of Florida as a medical and urine drug testing laboratory which complies with the Scientific and Technical Guidelines for Federal Drug Testing Programs and the Standards for Certification of Laboratories engaged in Drug Abuse and Mental Health Administration of the U.S. Department of Health and Human Services and is NIDA certified. C. The following standards shall be used to determine what levels of detected substances shall be considered as positive: -48- ' �, � , � � ' � Dru Q Amphetamines Marijuana Metabolites Cocaine Metabolites Opiate Metabolites PCP Screenin� Immuno Assay 1,000 ng/ml Amphetamine Methamphetamine 100 ng/ml Delte-THC 300 ng/ml Metabolite 3300 ng/ml Morphine 25 ng/ml PCP � Delta-9-tetrahydrocannabinol-9-carboxylic acid 2 Benzoylecgonine 3 25 ng/ml if immunoassay specific for free morphine Intoxilizer Test For Alcohol Alcohol 08 % Confirmation Gas Chromatography /Mass Spectrometry 500 ng/ml GC-MS 500 ng/ml GC-MS ' 15 ng/ml GC-MS 2150 ng/ml GC-MS 300 ng/ml GC-MS 25 ng/ml GC-MS , D. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. ' E. When an employee tests positive on the screening test (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 a laboratory designated by the Union or the employee. The sample shall be transmitted to the contract laboratory and to the laboratory designated by the Union or employee as soon as possible ' by the independent medical facility. These tests shall be made as soon as possible by the laboratories. The Union or employee shall bear the cost of its separate test. � F. If the results of the tests administered by the employer on the two (2) samples show that the employee, while on duty, was under the influence of or drank, smoked, ' ingested, inhaled or injected alcoholic beverages, non-prescribed narcotics, marijuana, cocaine, PCP, or non-prescribed amphetamines, appropriate discipline may be imposed by the employer after the following procedures has been followed: � �� J , � , The employee shall be presented with a copy of the laboratory report before any discipline is imposed. The Union and the employee shall then have twenty-four (24) hours to present to the employer any different results from the test of the sample conducted by a laboratory selected by the Union. After considering the results of the third test performed for the Union (if presented), the employer may discipline the employee. A test result indicating the employee is under the influence of alcohol, or indicating the use of illegal drugs or controlled substances (when taken without a prescription issued -49- � , J � i '�� CJ ' to the employee or without being under the care of a physician or being taken other than in complete conformance to the prescription), while on duty will result in the employee being required to attend and complete an appropriate detoxification, alcohol or drug abuse program. The employee shall be allowed to use sick leave in accordance with Article 8 of this agreement for absence from duties to attend any such appropriate program. Should the employee not have sufficient accumulated sick leave to use for this purpose, the employee shall be granted leave of absence, without pay, to attend said program. After completion of any detoxification program, the employee shall be subject to three random blood tests anytime during a twelve-month period after completion of detoxification. A positive test on any of these three tests will subject the employee to discharge. Section 6. Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Such employees shall be subject to all employer rules, regulations and job performance standards, with the understanding that an employee enrolled in such a program is receiving treatment for an illness. ' Results to urine and blood tests performed hereunder will be considered medical records and held confidential to the extent permitted by law. Tests shall only be performed for alcohol, chemical adulteration, marijuana metabolites, cocaine metabolites, opiates, � amphetamines and phencyclidine and the laboratory shall only report on the presence or absence of these substances. u Section 7. Over-the-Counter and Prescription Drugs ' An employee who has been prescribed or issued a drug, for any medical or other condition, which might in any way impair their ability to perform his/her job must immediately notify their supervisor. The employer, in consultation with appropriate medical ' authority, shall determine whether the individual can work while taking the medication. If it is determined that the individual is unable to perform his/her job without impairment � caused by the medication, the employee will be placed on sick leave, if available, or if no sick leave is available, the employee may then utilize vacation leave until the condition for which such medication is being taken is no longer present, or use of the medication causing � the impairment has been discontinued. However, prior to placing any employee on leave, reasonable accommodation will be made to provide alternative assignments. If an employee is placed on sick leave under this paragraph, such leave shall not be considered in placing ' the employee on a doctor's certificate requirement until after two such incidents in a 12- month period. � Section S. 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. � -50- � IJ (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 standards listed in Section 5, Subsection C, of this Article shall be used to determine what levels of detected substances shall be considered as positive. B. Assignment to Vice & Intelligence or removal from same shall be at the sole discretion of the Police Chief, regardless of the drug screening/confirmation findings. C. In the event that a Vice & Intelligence officer was required, as a course of his/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. ARTICLE 21 REVIEW BOARDS The City will continue its cunent practice of allowing the affected employee to give a brief oral statement to an accident review board. ARTICLE 22 TRAIIVING Schools, training, and career development courses which the Department determines will be made available to all bargaining unit members will be noted in the daily BOLO sheet in sufficient time for officers to make application for attendance. Officers who desire to attend will complete the departmental training request form and submit it to their supervisor. The department will select officers for attendance using these criteria: a. Ability of the officer as shown in performance evaluation b. The officer's duties and assignments (past, present and future) c. Seniority in the department d. The officer's demonstrated interest e. Manpower and staffing needs of the Department -51- � � , � �� ARTICLE 23 DURATION, MODIFICATION AND TERMINATION This Agreement sha11 be effective as of May 13, 1995, and shall continue in full force and effect until the thirtieth 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 13'�'� day of June, A.D., 1995. ' ATTEST: CITY OF CLEARWATER, FLORIDA I � � BY Cyn i� E. Goudeau,-City Clerk Elizabeth . De ula, City Manager ' � ' � ' � � I'' u Approved as to form and correctness: Pamela K. Akin, City Attorney 10 WITNESSES: � �, . `� _ _ � , ' Countersigned: FLORIDA STATE LODGE OF THE FRATERNAL ORDER OF POLICE, LODGE BY ��eiL�—� � - ��5?. Peter A. Fire, President - Lodge No. 10 -52-