The URL can be used to link to this page

AGREEMENTS FROM 1997 THROUGH 2000 I I I I I I I I I t I I I I I I I I I AGREEMENT between CITY OF CLEAR WATER, FLORIDA and FRATERNAL ORDER OF POLICE LODGE NO. 10 1997 - 1998 1998 - 1999 1999 - 2000 I I TABLE OF CONTENTS Page No. I PREAMBLE 1 ARTICLE 1 RECOGNITION 1 I ARTICLE 2 REPRESENT A TIVES OF PARTIES 1 I ARTICLE 3 CITY'S MANAGEMENT RIGHTS 2 ARTICLE 4 GRIEVANCE PROCEDURE 3 I ARTICLE 5 NO STRIKE 6 ARTICLE 6 STEWARDS, CHECKOFF AND F.O.P. BUSINESS 7 I ARTICLE 7 NO DISCRIMINATION 9 ARTICLE 8 WORK RULES AND PERSONNEL PRACTICES 10 I Section 1. Sick Leave 10 I A. Sick Leave Accrual 10 B. Sick Leave Accrual Caps 10 i C. Sick Leave Balance Transfers & Restoration 11 D. Calculation for Use of Sick Leave 11 I E. Authorized Use of Sick Leave 11 F. Authorization of Sick Leave 12 I G. Payment for Unused Sick Leave 12 I H. Injury From Other Employment 13 1. Use of Leave After Accrual 13 I J. Bonus Leave Days 13 Section 2. Military Leave 14 I Section 3. Time Off 16 I Section 4. Leave Without Pay 17 Section 5. Personnel Records 18 I Section 6. Residency Requirements 19 Section 7. Tobacco Product Usage 19 I Section 8. Seat Belts and Safety Gear 19 I I I I I I I I I I I I 'I I I, I I I I I TABLE OF CONTENTS (continued) Article 8 (continued) ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 Section 9. Outside Employment Section 10. Productivity Section 11. Probationary Periods Section 12. Leave Pool PREVAILING RIGHTS EXISTING RULES POLICE OFFICERS' DUTIES SENIORITY PROMOTIONAL PROCEDURES DIRECT ECONOMIC PROVISIONS Section 1. Holidays Section 2. Vacations A. Accrual of Vacation Leave B. Use of Vacation Leave C. Maximum Accrual of Vacation Leave D. Payment and Accrual During Military Leave E. Conversion to Sick Leave or Funeral Leave F. Payment of Unused Vacation Leave Section 3. Recall Pay Section 4. Acting Pay Section 5. Court Attendance and Standby Time Section 6. Physical Examinations & Inoculations Section 7. Funeral Leave Section 8. Uniform Allowance Section 9. Line-of-Duty Injury Pay Section 10. Insurance Page No. 19 20 20 21 23 23 23 24 26 29 29 32 32 33 33 34 34 34 34 34 35 36 36 37 37 39 I I I I I I, I I I I I I I I I I I I I TABLE OF CONTENTS (continued) Page No. Article 14 (continued) Section 1I. Overtime Pay Section 12. Wages Section 13. Compensatory Time Allowance Section 14. Shift Differential Section 15. Legal Protection Section 16. Copies of Municipal Code Section 17. Standby Pay Section 18. Special Duty Call Out Section 19. Off-Duty Concealed Weapons Section 20. Off-Duty Calls Section 2I. Canine Officers Section 22. Tuition Refund Program Section 23. Retirement Advancement 40 40 41 42 43 43 43 43 43 44 45 46 46 AR TICLE 15 BULLETIN BOARDS, RULES & REGULATIONS 46 ARTICLE 16 AMENDMENTS 48 ARTICLE 17 SEVERABILITY AND WAIVER 48 ARTICLE 18 CONTRACT CONSTITUTES ENTIRE AGREEMENT 48 ARTICLE 19 DISCIPLINE 49 ARTICLE 20 SUBSTANCE USE AND TESTING 49 ARTICLE 21 REVIEW BOARDS 55 ARTICLE 22 TRAINING 55 ARTICLE 23 DURATION, MODIFICATION AND TERMINATION 56 LETTER OF AGREEMENT APPENDIX - SALARY I, I I I I I I I I I I I I I I I I I I PREAMBLE This Agreement is entered into effective this 1st day of October, 1997, between the City of Clearwater, Florida, hereinafter referred to as the "City" and the Florida State Lodge of the Fraternal Order of Police, hereinafter referred to as the "Union." It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto, to provide an orderly, peaceful and timely means of resolving any misunderstandings or differences which may arise, and to set forth herein the full agreements between the parties concerning rates of pay, wages, hours of employment, and other terms and conditions of employment. It is understood that the City is engaged in furnishing essential public services, which vitally affect the health, safety, comfort and general well being of the public, and both parties hereto recognize the need for continuous and reliable service to the public. There shall be no individual arrangement contrary to the terms herein provided. ARTICLE 1 RECOGNITION The City hereby recognizes the Union as the exclusive bargaining representative as defined in Chapter 447, Florida Statutes, as amended, for all employees employed in the unit defined by the Public Employee Relations Commission in its certification No. 76-E-92-1029, dated June 24, 1976, as amended by Case No. RC-91-001 (verification of election results and modification of bargaining unit) which certification includes all police officers below the rank of sergeant, except as modified below, parking enforcement officers, and police service technicians. It is understood by the parties that police recruits who have not yet successfully completed the State law enforcement certification exam, "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. Page 1. I I I I I I I I I 'I I I I I I I I I I Article 2 (continued) Authorized representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards, provided that notification has been provided in writing to the Office of the Police Chief at least twenty-four (24) hours in advance. Until such notice is received, the City is under no obligation to recognize the individual as an authorized representative of the Union. Section 2. The Union likewise agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action and specifically the Union agrees that neither the Union nor the employees hereunder shall seek to involve the City's elected officials in the administration of this Agreement, or otherwise in the operation of the City's Police Department. All matters relating to grievances shall be processed only through the grievance procedure chain of command. ARTICLE 3 CITY'S MANAGEMENT RIGHTS Section 1. Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, including but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operation, function or service, in whole or in part; to transfer its operations, functions or services, from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City; to create, modify or discontinue jobs; to establish and change working rules and regulations; to create new job classifications; to establish and change work schedules and assignments; to transfer, promote or demote employees; to layoff, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees; to subcontract; to alter or vary past practices with prior notification and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and services. Section 2. If in the discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, Page 2. I I I I I I I I I I I I I I I I I I I Article 3 (continued) 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 GIDEVANCEPROCEDURE Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement, except as exclusions are noted in other articles of this Agreement. The grieving party must state in writing the remedy sought to resolve the grievance. Section 2. All grievances filed shall refer to the specific Article and Section of this Agreement upon which the grievance is based and shall contain a concise statement of the facts alleged to support the grievance and shall be signed by the grievant. Grievances must be filed on proper forms supplied by the City and all information must be furnished, including a request for Union representation if desired at each step. No grievance form may be amended from the original written grievance at the initial step of the Grievance Procedure. Grievances shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement, the laws of the United States, the State of Florida, and the Charter and Ordinances of the City of Clearwater. Where the term "working days" is used in this Article it shall refer to Monday through Friday. Saturdays, Sundays and days designated as holidays are excluded. Probationary employees, including Police Recruits 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. Page 3. I I I I I I I I I I I I I I I I I I I Article 4 (continued) 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.G.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. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of five (5) names of qualified arbitrators. Within ten (10) working days after the receipt of such a list, representatives of the parties shall meet and each party shall strike two (2) names. The party filing the grievance shall strike the first name, then the other party shall strike a name. The process shall then be repeated and the remaining name shall be the arbitrator selected and notified of his/her selection as arbitrator. As promptly as can be arranged, the arbitration hearing shall be held. Each party shall pay its own expense for its representative, counsel and witnesses. The fees of the arbitrator and other expenses of arbitration, including the appearance fee of a court reporter, shall be shared equally by the City and the aggrieved party. The decision of the arbitrator shall be final and binding on both parties, except that either party may petition for review in the circuit court. The arbitrator shall have no power to amend, add to or subtract from the terms of this Agreement, and if the City has denied the grievance on the basis that it was not timely filed at Step 2 0 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. Page 5. I I I I I I I I I ,I I I I I I I I I I Article 5 (continued) 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 Section 1. Dues (a) During the terms of this Agreement the City agrees to deduct dues owed by the employee to the F.G.P. on a biweekly basis, provided, that prior to such deduction the F.G.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 canceled by the employee upon thirty (30) days' written notice to the City or to the City and the F.G.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.G.P. is increased by pay raise or pay adjustment, the City upon notification from the F.G.P. as to the amount, shall raise the dues deduction according to the established amount provided in the F.G.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. Page 7. I I I I I I I I I I I I I I I I I I I Article 6 (continued) Section 2. Stewards (a) The stewards of the F.O.P. shall consist of the elected officers of the lodge provided, however, that all stewards must be active, current sworn employees or retired sworn employees of the Clearwater Police Department. The F.O.P. will submit a list of the elected officers to the Chief of Police. (b) Any steward who feels unqualified to represent a member on any matter will be permitted to contact the F.O.P. President or another steward for representatIon. (c) A steward shall not investigate or otherwise handle grievances during working hours without the expressed consent of the commander on duty. shall not investigate his/her own grievance or represent himself/herself. A steward otherwise (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. Indemnification 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. Union Time The F.O.P. shall be allowed up to two hundred and seventy two (272) hours 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 time not used in an annual period, which shall be defined as a Page 8. I I I I I I I I I I I I I I I I I I I Article 6 (continued) contract year, beginning with ratification shall be forfeited and shall not be carried forward into the next annual period. Union time for contract negotiations may be negotiated as part of the contract ground rules. Section 5. The F.G.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.G.P. shall, on request, be relieved from duty with no loss in pay to attend the regular monthly meeting of the F.G.P. providing operations will not be interfered with. Section 7. The President of the F.G.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.G.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. Section 8. The Secretary, Treasurer, State Trustee or one designee will be permitted to attend the regular monthly meetings of the Lodge if they are working; however they will be subject to call. Section 9. The City shall grant the F.G.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 NG DISCRIMINATION Section 1. The City opposes any form of employment discrimination which is made unlawful under applicable State and Federal law. Any claim of discrimination by an employee against the City, its officers or representatives, shall not be grievable or arbitrable under the provisions of Article 4 -- Grievance Procedure, but shall be subject only to the method of review prescribed by law. Page 9. I I I I I I I I I I I I I I I I I I I Article 7 (continued) Section 2. The Union and the City shall not interfere with the right of employees covered by this Agreement to become or to refrain from becoming members of the Union, and neither the City nor the Union shall unlawfully discriminate against any such employee because of membership or non-membership in any employee organization. Section 3. All references in this Agreement to employees of the male gender are used for convenience only and shall be construed to include both male and female employees. Section 4. The Union and its officers agree to support federal and state laws and regulations thereunder which have the effect of law and to abide by them, and further to encourage all bargaining unit members to comply with such laws and regulations at all times. From time to time, as the City issues policy statements or develops specific training programs concerning areas of prohibited discrimination under federal laws any regulations, the City may submit such policies and/or programs to the Union for their review and consideration for endorsement. If the Union determines not to endorse the policy and/or program, it shall advise the City of its reservations which have precluded it from endorsement. ARTICLE 8 WORK RULES AND PERSONNEL PRACTICES Section 1. Sick Leave For payroll purposes, anything in this Contract pertaining to a calendar year is defined as: A payroll calendar year begins with the first day of the first pay period for the first pay check date in the calendar year and ends with the last day of the last pay period for the last pay check in the calendar year. A. Sick Leave Accrual 1. Employees shall accrue 3.693 hours of sick leave on a biweekly basis. (i.e., An employee on a forty-hour work week earns twelve (12) days per calendar year.) B. Sick Leave Accrual Caps 1. EffectiveJuly, 1998, employees may accumulate up to 1560 accrued hours. 2. Employees who have sick leave balances in excess of 1560 hours as of July, 1998, shall have the amount of sick leave in excess of 1560 hours paid at 60% of the employee's hourly base rate of pay as of July, 1998. The pay rate excludes all additions to base Page 10. I I I I I I I I I I I I I I I I I I I Article 8 (continued) pay. The hourly rate shall be adjusted for changes in a work week other than 40 hours. Payment shall be made prior to February, 1999. The City and the Union shall meet to determine payment dates. C. Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an employee recalled from layoff or returned from a leave of absence. 2. Sick leave balances remam the same upon transfer to another department or classification. 3. Sick leave balances are converted to equivalent days if an employee changes to a different hourly work week. (i.e., Forty-hour work week to thirty seven and one-half hour work week, and vice versa.) 4. No sick leave balances are restored after a break in service. D. Calculation for Use of Sick Leave 1. Sick leave may be authorized in increments of tenths of an hour. E. Authorized Use of Sick Leave Sick leave is not a privilege to be used at the employee's discretion. It shall be authorized only for absences: 1. Due to personal illness or physical incapacity. 2. Due to exposure to contagious disease in which the health of others would be endangered by the employee's attendance on duty. 3. Due to dental appointments, physical examinations, or other personal or family sickness prevention measures. 4. Due to illness of a member of the employee's immediate family which requires the employee's personal care and attention. "Immediate family" shall mean parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers, sisters or present spouse of the employee and the "immediate family" of the employee's spouse, or other family member in the "immediate household". Page 11. I I I I I I I I I I I I II I I I I I I Article 8 (continued) F. Authorization of Sick Leave 1. An employee requesting authorization of sick leave shall inform an on-duty supervisor or the desk officer at least one-half hour prior to the regularly scheduled reporting time; the specific reason, and where (phone number and address) the employee 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. 2. Failure to do so may be the cause for denial of sick leave and other disciplinary action. G. Payment for Unused Sick Leave Upon separation from the City service, an employee shall be paid for one-half (1/2) of his/her accumulated unused sick leave up to 1560 hours, provided: 1. That the rate of payment shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The hourly rate will be adjusted in accordance with base biweekly pay if the employee is on a work schedule other than forty (40) hours per week. The employee may request that one-half (1/2) the payment for unused sick leave be made at separation and one-half (1/2) the payment be made in the first payroll period in the next calendar year. 2. The employee has had at least twenty (20) 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. The length of such time off or layoff shall be deducted from the total length of service. Military leaves and leaves during which the employees are receiving Workers' Compensation shall not be deducted from continuous service. 3. That the separation is involuntary on the part of the employee, including disability (incurred on or off the job) and layoffs. 4. The employee's estate shall receive payment if an employee dies. 5. An employee who has been dismissed for cause shall have no claim for sick leave payment. Page 12. I I I I I I I I I I I I I I I I I I I Article 8 (continued) H. Injury From Other Employment An employee may not utilize accumulated sick leave 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. I. Use of Leave After Accrual Employees may be authorized to use sick leave after it is accrued. The employee may be required to submit acceptable evidence such as a medical certificate from a medical doctor, to substantiate the reason for requesting sick leave. J. Bonus Leave Days In a calendar year that a bargaining unit employee uses no sick leave, or less than two days of sick leave, the employee will be allowed to convert sick leave to Bonus Leave Days in accordance with the following chart. Bonus Leave Days must be used in the next . calendar year. Bonus Leave Days Assigned Shift Amount of Sick Leave Awarded From Used Converted Sick Leave Eight or Ten-Hour Shifts Zero Time 2 More than zero time but less Eight or Ten Hour Shifts than 2 days 1 Combination of Eight and More than zero time but less T en Hour Shifts than 2 days combined as: . 2 Eight-hour days 1 . 2 Ten-hour days . 1 Ten-hour day and 1 Eight-hour day 1. Bonus Leave Days are not included in overtime calculations. 2. Upon an employee's separation from the City, the employee will receive a lump sum payment for his/her remaining Bonus Leave Day balance. Page 13. I I I I I I I I I I I I I I I I I I I Article 8 (continued) 3. The City will donate three (3) sick leave days to the sick leave bank for all employees who are at the sick leave cap and have used zero sick time during the calendar year. Section 2. Military Leave Any regular or probationary employee in the classified service being inducted or otherwise entering the armed forces of the United States in time of war, or pursuant to the Selective Service Act of 1948, as amended, or of any other law of the United States, shall be granted military leave of absence without pay for the period of the military service required of him/her and on completion thereof, be reinstated in the City service in accordance with the following regulations: (a) Military leaves shall be granted in accordance with the provisions herein except where said provisions may be superseded by Federal Law: (1) For inductees, the minimum period of time required to be served. (2) For enlistees in time of war, the period of the first minimum enlistment, or for such additional period of time required to be served. (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 Page 14. I I I I I I I I I I I I I I I I I I I Article 8 (continued) (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. (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. (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. Page 15. I I I I I I I I I I I I I I I I I I I Article 8 (continued) (f) An employee returning from military service shall be reinstated to active City service at the earliest possible date following application for such reinstatement, consistent with the best interests of the City service and taking into consideration necessary adjustments of staff. In no event, however, shall this period be more than thirty (30) calendar days. The City shall have the right, 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. (g) 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. (h) For required active or inactive trammg 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. 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. Page 16. I I I I I I I I I I I I I I I I I I I Article 8 continued) (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) When directed by the City Manager or Police Chief to attend professional or other conventions, institutes, courses, or meetings. (d) When directed by the City Manager or Police Chief to attend in-service training or other in-service meetings, including authorized safety meetings. An employee may be granted time off without compensation for attendance at meetings other than those specified in Subsections (a) through (f) above, or to attend to urgent personal business, provided, that such employee shall request approval from the Police Chief in sufficient time to permit the Police Chief to make arrangements therefor, and further provided, that such time off will not affect the efficient operation of the department in the sole and unlimited discretion of the Police Chief or his/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 ata 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. (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 warrant such leave of absence. Page 17. I I I I I I I I I I I I I I I I I I I Article 8 (continued) (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 ofthe 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 arranged in order of seniority. Time off with compensation taken under any of the provisions of this Agreement (including vacation and sick leave) shall not be required to be made up. Section 5. Personnel Records It shall be the right of any member of the bargaining unit, at reasonable times, to inspect his/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. Page 18. I I I I I I I I I I I I I I I I I I I Article 8 (continued) Section 6. Residency Requirements Except as provided by Department General Orders.1 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. Employees may request special permission from the Chief of Police to reside outside the specified area. Violation of this provision shall be just cause for discipline. After October 1, 1997, employees or new hires may not move to a residence beyond the following boundaries: Pasco County, north of State Road 52, east of 1-75; and Hillsborough County, east of 1-275. 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 Employment Outside employment of bargaining unit members shall be subject to provisions of the City's Civil Service Rules & Regulations and the Departmental Rules and Regulations governing outside employment, provided further, however, that police-related outside employment shall be limited to a maximum of 20 hours per week. During periods of unusual seasonal demand, exceptions to the 20-hour maximum will be considered by the Police Chief, or his/her designee, who shall approve or deny such requests in his/her sole and unlimited discretion. Page 19. I I I I I I I I I I I I I I I I I I I Article 8 (continued) Section 10. Productivity The Union recognizes that productivity is of utmost concern to the City and is critical to the provision of services to the citizenry in an efficient and effective manner. The Union acknowledges, except as expressly limited by the provisions of this Agreement, that the City may introduce new methods, processes and equipment, implement new technology, and establish work measurement standards to determine performance levels; that it may develop flexible job assignments and shifts; that it may establish innovative programs to improve the provision of public services or to reduce the cost of providing such services; and that it may take such other actions as it deems appropriate to improve productivity. Section 11. Probationary Periods (a) Parking Enforcement Officers, Police Service Technicians, and Police Recruits 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. Page 20. I I I I I I I I I I I I I I I I I I I Article 8 (continued) 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. 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: (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. (2) The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eligibility for and the amount of pool leave time that may be provided to employees. The Page 21. I I I I I I I I I I I I I I I I I I I Article 8 (continued) 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. An employee may ask for reconsideration by the committee in accordance with rules established by the committee. (c) Bargaining unit members may donate days from their vacation, sick leave or floating holiday balances to the leave pool one time per year. Sick leave donations have a fifty percent (50%) value upon donation to the leave pool; i.e., two (2) sick days equal one (1) leave pool day when donated. (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. 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). (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. Page 22. I I I I I I I I I I I I I I I I I I I ARTICLE 9 PREVAILING RIGHTS Section 1. 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. Section 2. It is understood and agreed that sworn police officers have rights and protection under the Florida Statute commonly known as the Police Officer's Bill of Rights, Florida Statute, Sections 112.531, 112.532, 112.533 and 112.534. 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. 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. 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 Page 23. I I I I I I I I I I I I I I I I I I I Article 11 (continued) 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 SENIORITY Section 1. Seniority for purpose of vacation accrual shall be defined as the length of continuous service in full-time City employment and will continue to accrue during all types of leave of absence with pay and other leaves when specifically provided in this Agreement. Employees in their initial pro bationary 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. Notwithstandingthe above, the Department shall have the right to temporarily assign police service technicians to work on a shift not consistent with their shift selection where the employee has had specific cross-training and a need for temporary fill-in work in another job area is required (e.g. court liaison). Section 2. No new employees shall be hired in a job classification within the bargaining unit until all employees on layoff in that job classification have been given an opportunity to return to work at their original seniority date and positions; provided, that after one (1) year of layoff the employee shall cease to accrue seniority, and that such re- employment rights shall cease after two (2) years from date of the layoff. Page 24. I I I I I I I I I I I I I I I I I I I Article 12 (continued) 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. The Chief of Police may reassign any officer when such reassignment is in the best interest of the Police Department. Section 4. An employee shall lose his/her status as an employee and his/her seniority if he/she: (a) resigns or quits; (b) is discharged or terminated (unless reversed through the gnevance 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 transferred, 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. Page 25. I I I I I I I I I I I I I I I I I I I Article 12 (continued) 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 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. Page 26. I I I I I I I I I I I I I I I I I I I Article 13 (continued) Reminder Note: Effective December 21, 1998, the mzmmum educational requirement for promotion to Police Sergeant shall include a two-year degree from an accredited college or university. 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. Section 4. Following the administration of any written exam or written portion of exam which may be given, each member of the bargaining unit who took said written exam or written portion thereof will have a 14-day period within which to review the master questions and answer key. Before expiration of the 14 day period, any examinee who wishes to challenge any answer must do so in writing to the 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. Section 6. Within 14 days after the grading of the full test has been completed, a promotional list will be published. Section 7. Establishment of Promotional Lists for Police Sergeant The names of all persons who may be lawfully appointed as and who shall have attained a passing grade on the promotional examination for Police Sergeant and PST Supervisor shall be placed on the appropriate promotional list. 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. Page 27. I I I I I I I I I I I I I I I I I I I . Article 13 (continued) 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. (f) Removal from the employment area designated by the City when such residence was required as a condition of appointment. (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 N ames of eligibles on the Police Sergeant Eligible List may be removed from the list if the City deems that the eligible willfully or knowingly gave wrong information, withheld information, or evaded in responses relating to his/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 examination 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. Page 28. I I I I I I I I I I I I I I I I I I I 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. If an employee is scheduled to work on a holiday, the employee's scheduled shift must have the majority of hours on the actual scheduled holiday to receive holiday pay. Additional time worked immediately preceding or following the holiday shift does not determine holiday pay. (b) In the event that one of the above named holidays occurs during the course of an employee's vacation, then the employee shall not be charged for the vacation leave. (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 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. Page 29. I I I I I I I I I I r I I I I I I I I Article 14 (continued) (e) An employee may be required to work all or part of any holiday even though it may be hi~/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. (f) Floating Holidays: 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) During the first year of hire, floating holidays shall be prorated on a quarterly basis. Date of Hire January to the end of March Floating Holidays A warded 3 April to the end of June 2 July to the end of September 1 Octo ber to the end of December o (3) Floating holidays may not be carried over from one calendar year_ to another and, if not taken, are forfeited except as provided in paragraph (4) below. Employees will be awarded an additional six (6) hours of floating holiday leave in October 1997. This prorates the three (3) days by one quarter. Employees may carry six (6) hours to 1998. (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. The employee will be paid eight (8) hours for each floating holiday for which the employee makes this election. Page 30. I I I I I I I I I I I I I I I I I I I Article 14 (continued) (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 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. (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 based on the total premium overtime is hours worked in the work week. Page 31. I I I I ,I, I I i I I I I I I I I I I I Article 14 (continued) (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. (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. Accrual of Vacation Leave 1. Vacation leave shall be granted for all full-time employees in accordance with number of completed years of credited service. Years of Service 1-2 3 4 5 6 7 8 - 10 11 12 13 - 14 15 & Over Vacation Hours 80 88 96 104 112 120 128 136 144 152 160 Page 32. I I I I I I I I I I I I I I I I I I I Article 14 (continued) 2. The vacation year shall be the calendar year. 3. Vacation leave granted in January 1998 is earned during 1997. 4. Hours will be accrued on a biweekly basis no later than July, 1998. Vacation leave earned will be prorated for the period from January, 1998, to no later than July, 1998, and credited to the employee in a lump sum. B. Use of Vacation Leave 1. The use of vacation leave shall be authorized in accordance with Police Department Regulations. 2. All bargaining unit employees are entitled to use at least two (2) weeks of accrued vacation leave per year. 3. The borrowing of vacation time prior to its accrual is prohibited. 4. There is no advancing of vacation pay. 5. An employee must be employed for six (6) months prior to requesting the use of vacation leave. 6. Compensatory time off may be taken in conjunction with a regular vacation if authorized. c. Maximum Accrual of Vacation Leave 1. Effective July, 1998, the maxImum amount of vacatIon leave that may be accumulated is 360 hours. 2. Vacation leave balances in excess of 360 hours as of July, 1998, will be paid at the employee's current adjusted hourly rate inclusive of any premium pay for shifts or aSSIgnments, etc. 3. Effective January, 1999, the maxImum amount of vacation leave that may be accumulated is 240 hours. 4. Vacation leave balances in excess of 240 hours as of January, 1999, will be paid at the employee's current adjusted hourly rate inclusive of any premium pay for shifts or aSSIgnments, etc. Page 33. I I I I I I it I I I I I, I I I I I I I Article 14 (continued) D. Payment and Accrual During Military Leave 1. An employee granted an extended military leave of absence shall be paid all accrued leave when the employee begins the extended military leave. 2. An employee returning from an extended military leave of absence shall accrue vacation leave for the period of military service not to exceed 240 hours. E. Conversion to Sick Leave or Funeral Leave During Vacation Leave 1. The employee may request that vacation leave be changed to sick leave if the employee or member of the employee's immediate family becomes ill for more than three (3) consecutive days, while the employee is on vacation leave. 2. The employee may request that vacation leave be changed to funeral leave provided the request is consistent with Article 14, Section 7, Funeral Leave. F. Payment of Unused Vacation Leave 1. Payment of unused vacation leave will be paid upon voluntary separation of the employee up to a maximum of 240 hours, provided the employee was not dismissed for cause and has more than one year of continuous service. Payment will be made at the base rate exclusive of any premium payor shift assignment pay. 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 payor two (2) 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 Pay If a Police Officer or Police Service Technician serves in a higher capacity on an acting basis for twenty (20) consecutive work days or more, said employee shall receive acting pay retroactive to the date the assignment began. Acting pay is five percent (5%) above the employee's base salary. Page 34. I I I I I I I I I I I I I I I I I I I Article 14 (continued) Section 5. Court Attendance and Standby Time 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 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. The three-hour minimum does not apply if prior to the end of the three-hour period: 1. The employee reports for duty. Standby pay stops at the time the employee reports for duty. 2. The employee is called by the Court Liaison and told to report to court within the three-hour period or as soon as possible. Court standby pay stops when the employee is notified and court time starts when the employee arrives at court. Standby pay for the three-hour minimum or actual time in excess of three (3) hours. Court time starts at the employee's scheduled appearance time (with the exception of being late). Standby time shall be excluded from hours worked computations. Page 35. I I I I I, I I I I I I I I I I I I I I Article 14 (continued) Each employee shall be allowed up to two (2) work days at anyone time for a death of a member of the" close" family chargeable to sick leave. "Close" family shall be defined as the following family members: stepbrothers; stepsisters; brother's wife; sister's husband. Additional time, chargeable to sick leave, may be requested in accordance with current rules and regulations. An employee must attend the funeral in order to receive pay for a death in the family. Section 8. Uniform Allowance (a) The City shall continue to provide the uniforms and equipment currently provided by the City, except that the City may make changes in styles or update equipment. (b) Detectives will be issued 6 shirts, 6 pants, 2 jackets, 2 ties and one belt which must be worn. Replacements will be made by the department in accordance with department regulations. (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. Section 9. Line-of-Duty Injury Pay The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms and conditions: (a) Compensation shall be payable under this Section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. (b) An injury shall be deemed to have been incurred in the line of duty if and only if such injury is compensable under the Florida Workers' Compensation Law. (c) The amount of compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the supplement herein provided and Page 37. I I I :1 I I I I I I; I I I I I I I I I Article 14 (continued) 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 Section means incapacity because of the line- of-duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury. (f) It is the intent of this Section to provide supplemental compensation for line of duty injuries only, and this Section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. Coverage under this Section shall not result in the loss of step increases which the officer would have received had he/she been on 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. (h) Line-of-duty injury pay will be provided from the first day of injury for those defined in (g) above; however, the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plans provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay rate at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall approximate the differential needed to equal the employee I s base pay and Page 38. I I I I I I I I I Ii I I I I I I I I I Article 14 (continued) 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. G) The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to receiving or continuing to receive compensation under this Section. (k) Failure to report a line-of-duty injury to the employee's immediate supervisor or to the Risk Management Division within twenty-four (24) hours of the time of occurrence of the injury shall result in a loss of allline-of-duty pay under Article 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. Q) 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 Compo P), Florida Department of Labor and Division of Workers' Compensation Rule 38 or any other state or federal law or regulation now in force or hereinafter enacted, then such provision of this contract shall be null and void and of no legal force or effect. 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. Page 39. I I I I I I I I I I I I I I I I I I I Article 14 (continued) 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 canceled, the employee must be notified by the end of his/her tour of duty immediately preceding the scheduled work day to be canceled. No regularly scheduled work day will be canceled 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-halffor all hours actually worked in excess of 40 hours in anyone work week. Hours for which an employee is paid as a result of holidays, sick time, vacation and similar periods of nonproductive time shall not be considered as time worked for the purpose of computing overtime pay, except as otherwise provided in this Agreement. (d) The work week shall be from 11:00 P.M. Friday to 11:00 P.M. 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 Schedules All steps shall be referred to as "merit steps" and may not be awarded to an employee with less than a satisfactory evaluation. NOTE: The salary schedules will be "smoothed" to have 5% between Steps 2 to 6 and 2.5% between Steps 7 to 13 prior to the percentage increase. 1. October. 1997 The City shall provide a three and one-half (3.5%) percent increase effective the first pay -period of October, 1997, for all non-probationary Police Officers, Police Service Technicians, and Police Service Technician Supervisors. The increase shall be to the "smoothed" salary schedule. Page 40. I I I I I I I I I I I il I I I I I I 'I Article 14 (continued) A 13th step shall be added to the salary schedule for Police Officers. Police Officers will be eligible to receive Steps 12 and 13 after two (2) years of satisfactory service in the previous step. Step 1 shall not be increased. 2. October. 1998. and January. 1999 The City shall provide a two (2%) percent increase effective the first pay period of October, 1998, and a two (2%) percent increase the first pay period of January, 1999, for all non-probationary Police Officers. The increases shall total seven and one-half (7.5%) percent above the same "smoothed" schedule used in 1997. All non- probationary Police Service Technicians and Police Service Technician Supervisors shall receive a two and three-quarters (2.75%) increase effective the first pay period of October, 1998. The increase shall be six and one-quarter (6.25%)-percent above the "smoothed" salary schedule used in 1997. 3. October. 1999. and January. 2000 The City shall provide a three (3%) percent increase effective the first pay period of October, 1999, and a three (3%) increase the first period of January, 2000, for all non- probationary Police Officers. The increases shall be thirteen and one-half (13.5%) percent above the same "smoothed" schedule used in 1997. All non-probationary Police Service Technicians and Police Service Technician Supervisors shall receive a two and three-quarters (2.75%) percent increase effective the first pay period of October, 1999. The increase shall be nine (9%) percent above the "smoothed" salary schedule used in 1997. 4. The salary schedule for Parking Enforcement Officers will not be increased because the job classification is obsolete. Parking Enforcement Officers will continue to be offered the opportunity for "automatic promotion" to Police Service Technicians. 5. There shall be one pay rate for Police Recruits which will be increased two (2%) percent in January, 1999, and two (2%) percent in January, 2000. Police Recruits will not receive a pay raise until they are promoted to probationary Police Officer. 6. Police Service Technician Supervisors will be given a five (5%) percent classification adjustment the first pay period of October, 1997. A classification job audit will be conducted by the Human Resources Department to determine any further adjustment. 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 eighty (80) hours Page 41. I I I I I I I I I I I I I I I I I I I Article 14 (continued) of compensatory time. At no time may an employee's total accrual of compensatory time exceed eighty (80) hours. Compensatory time accrual will be at time and one half for each hour selected in lieu of premium overtime payment. Requests to use compensatory time shall be made to the appropriate Police Captain or other managerial employee. Compensatory hours off shall be considered as hours worked in computing overtime under this Article. Section 14. Shift Differential 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. Hours Payment Per 14-Day Period 100 200 300 2400-0700 0700-1600 1600-2400 7% 0% 5% The payments shall be computed as a percentage of the employee's base pay, 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. 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. Page 42. I I I I I I I I I I I I I I I I I I I Article 14 (continued) Section 15. 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 16. 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 17. 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 18. 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 including canine demonstrations. (b) This section shall not pertam to emergencIes or to unplanned or unscheduled events. (c) Employees assigned to the Criminal Investigation Division, Patrol Special Operations section, or community policing teams 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. Section 19. 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 standard Page 43. I I I I I I I I I I I I I I I I I I I Article 14 (continued) for the firearm, that such firearm has been duly approved by the Department, and that such firearm is periodically inspected by the Department or other qualified armorer if such firearm is not issued by the Department. This weapon may only be used to perform law enforcement functions. Any officer wishing to carry an off-duty firearm, for which the Department armorer is unqualified to perform maintenance, will be authorized to carry the firearm providing that the firearm is otherwise approved and, at the officer's expense, the officer provides annual certification to the Department that the firearm has been inspected and approved by a qualified armorer. Only hand guns of the caliber listed below shall be approved for off-duty use: .380; 9mm; .38; 357 magnum; 10mm; .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 20. 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 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. Page 44. I I I I I I I I I I I I I I I I I I I Article 14 (continued) Section 21. Canine Officers (a) Employees covered by this Agreement who are assigned as canine officers shall normally work for seven hours and fifteen minutes for five (5) days per week on regular duty with or without their canine(s). On those regular work days, they shall also be credited with forty-five minutes work time for time in the care and handling of their canine(s). This time shall be the customary and average amount of time spent by a canine officer on a duty day. On the officers' days off from regular duty, they shall be credited with 30 minutes of work time for time in the care and handling of their canine(s). Such time shall be based on their regular rate of pay and shall be paid at straight time or an overtime rate depending upon total hours worked during the week. It is recognized that on off-duty days the officer's responsibilities for care and maintenance are reduced. (b) Advance approval shall be required from the appropriate Police Captain or higher level manager before a canine officer can work any additional overtime in care and maintenance activities. (c) No work time is to be used by an officer to prepare or train for participation in canine demonstrations or competitions, except as scheduled by the Department in accordance with standard operating procedures established by the Department and approved by the Police Chief. In the sole discretion of the Police Chief, canine officers may be scheduled to attend demonstrations or competitions. Time involved in demonstrations or competitions shall be limited to the officer's regular weekly duty hours (40 hours) unless previously approved in writing by the Police Chief or his/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. (e) All Department Standard Operating Procedures relating to canine use, care, maintenance, and other aspects of the program as established by the Police Chief shall apply. (f) A reimbursement of $100.00 per month shall be provided to each canine officer for supplemental food, medical grooming, pest control, and related Page 45. I I I I I I I I I I I I I I I I I I I Article 14 (continued) needs associated with care of the canine. The officer shall submit proof of the expenditures on a monthly basis. Section 22. Tuition Refund Program Members of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the City's Tuition Refund Program up to an amount of $850.00 for fiscal year 1997/1998; $1,000.00 for fiscal year 1998/1999; and $1,000.00 for fiscal year 1999/2000. Section 23. Retirement Advancement The City and the Union agree that prior to retiring, an employee may use his/her vacation leave balance and sick leave balance at 50% value to advance the employee's date of retIrement. The employee will be considered a regular employee for service credit to the pension plan. The City and the employee will continue to contribute to the pension plan. During the period of "retirement advancement" the employee will not be eligible to receive or accrue any benefits except retirement credit. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers' compensation, allowances, reimbursements, and special payments of any kind. 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 meetings 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. Page 46. I I I I I I I I I I I I I I I I I I I Article 15 (continued) Section 2. Rules and Regulations -. Memorandums (a) The President of the F.G.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 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.G.P. will be charged and will remit 6 cents per copy or such other rate as may hereafter be established by the City as the rate charged all employees. (c) Departmental business will of course take priority and the F.O.P. will only be allowed to make copies while the Department is not otherwise using the copIer. Page 47. I I I I I I I I I I I I I I I I I I I 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 Page 48. I I I I I I I I I I I I I I I I I I I Article 18 (continued) Agreement contains the entire contract, understanding, undertaking and agreement of collective bargaining for and during its term, except as may be otherwise specifically provided herein The parties agree to bargain proposed changes in the City's Pension Plan and changes in the City's Civil Service Rules that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. 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. 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. Page 49. I I I I I I I I I I I I I I I I I I I Article 20 (continued) Captains and other management personnel will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit five employees selected by the Union to attend such training class on City time. Section 3. No bargaining unit employee will be tested for drugs or alcohol unless there exists a reasonable suspicion that the bargaining unit employee to be tested is under the influence of drugs or alcohol. The term "reasonable suspicion" shall, for the purposes of this policy and section, be defined as follows: A. Aberrant or unusual on-duty behavior of an individual employee that is observed on duty by the employee's immediate supervisor or higher ranking employee and confirmed by the observation of another supervisory employee, managerial employee trained to recognize the symptoms of drug abuse, impairment or intoxication (which observations shall be documented by the observers), and this may include such common signs as the following: observed alcohol and/or drug use during working hours uneXplained work-related accidents or injuries presence of physical symptoms commonly associated with substance abuse, such as: - impairment of motor functions - slurred speech - incoherent or irrational mental state - drowsiness - smell of alcohol or marijuana - extreme weight loss - red eyes - running nose or sniffling - frequent or extreme mood changes - lack of physical coordination deteriorating work performance and/or attendance problems not attributable to other factors, such as: - frequent absences or lateness - uneXplained absence from assigned work area - frequent or extended visits to the restroom - other marked, unexplained changes in personal behavior B. Random or mass testing is prohibited, except where required by law. Other procedures may be used where required by law. Any testing required by law will be sent to the Union President, along with regulations for such implementation as required, at least twenty (20) calendar days before such regulations are implemented. No drug testing may be conducted without the written approval of the Department Director, or designee. The Page 50. I I I I I I I I I I. I I I I I I I I I Article 20 (continued) 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. Section 4. When a Captain or other management personnel has reasonable suspicion to believe that a bargaining unit employee is using, consuming, or under the influence of an alcoholic beverage, non-prescribed controlled substance (other than over-the- counter medications), and/or non-prescribed narcotic drug while on duty, the Captain or other management personnel will notify the Department Director, or designee, for the purpose of observation and confirmation of the employee's condition. If the Department Director, or designee, after observing the employee, also has reasonable suspicion to believe that the employee is using, consuming, and/or under the influence of an alcoholic beverage, non-prescribed controlled substance, or non-prescribed narcotic drug while on duty, then, by a written order signed by both the employee's immediate Captain or other management personnel and the Department Director, or designee, the employee may be ordered to submit to toxicology testing designed to detect the presence of alcohol, chemical adulteration, marijuana metabolites, opiates, amphetamines and phencyclidine in accordance with the procedure set forth below. A. Any employee subjected to such test shall be removed from duty pending the result of such test, and such employee shall continue to receive his/her regular pay and benefits pending test results. B. Refusal to submit to toxicology testing after being ordered to do so shall result in disciplinary action. Section 5. Blood and Alcohol Test Procedure. The following procedure shall apply to blood and unne tests administered to bargaining unit employees. Page 51. I I I I I I I I I I I I I I I I I I I Article 20 (continued) 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 V nion 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 V.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: Drug Amphetamines Screening Test Immuno Assay Confirmation Gas Chromatography/Mass Spectrometry 500 ng/ ml GC-MS 500 ng/ ml GC- MS 115 ng/ml GC-MS 2150 ng/ml GC-MS 300 ng/ml GC-MS 25 ng/ ml GC- MS Marijuana Metabolites Cocaine Metabolites Opiate Metabolites PCP 1,000 ng/ ml Amphetamine Methamphetamine 100 ng/ml Delte-THC 300 ng/ ml Metabolite 3300 ng/ ml Morphine 25 ng/ ml PCP 1 Delta-9-tetrahydrocannabinol-9-carboxylicacid 2 Benzoylecgonine 3 25 ng/ ml if immunoassay specific for free morphine Intoxilizer Test For Alcohol Alcohol .08% D. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. Page 52. I I I I I I I I I I I I I I I I I I I Article 20 (continued) 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 have been followed: 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 to the employee or without being under the care of a physician or being taken other than incomplete 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. Page 53. I I I I I I I I I I I I I I I I I I I Article 20 (continued) Results to urine and blood tests performed hereunder will be considered medical records and held confidential to the extent permitted by law. Tests shall only be performed for alcohol, chemical adulteration, marijuana metabolites, cocaine metabolites, opiates, amphetamines and phencyclidine and the laboratory shall only report on the presence or absence of these substances. Section 7. Over-the-Counter and Prescription Drugs An employee who has been prescribed or issued a drug, for any medical or other condition, which might in any way impair their ability to perform his/her job must immediately notify their supervisor. The employer, in consultation with appropriate medical authority, shall determine whether the individual can work while taking the medication. If it is determined that the individual is unable to perform his/her job without impairment caused by the medication, the employee will be placed on sick leave, if available, or if no sick leave is available, the employee may then utilize vacation 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 8. Drug Testing Upon Designated Assignments A. Bargaining unit members shall, when assigned to the Vice & Intelligence Unit, have a drug test administered. Additionally, such bargaining unit members shall have an annual drug screening as part of their annual physical. When an employee tests positive on the screening test, the sample shall be submitted for a confirmation test. 1. The drug screening will be performed utilizing urine samples unless the employee, at his/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. Page 54. I I I I I I I I I I I I I I I I I I I Article 20 (continued) 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 current practice of allowing the affected employee to give a brief oral statement to an accident review board. ARTICLE 22 TRAINING Notification of schools, training, and career development courses which the Department determines appropriate will be made available to all bargaining unit members 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. Page 55. I I I I I I I I I I I I I I I I I I I ARTICLE 23 DURATION, MODIFICATION AND TERMINATION This Agreement shall be effective as of October 1, 1997, and shall continue in full force and effect until the thirtieth day of September, 2000. 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 .1../$T day of October, A.D., 1997. ATTEST: CITY OF CLEAR WATER, FLORIDA , f By .it Michael]. Roberto, City Manager Approved as to form and correctness: counrerSign~ R~' Mayor-Commissioner UJjh Pamela K. Akin, City Attorney FLORIDA STATE LODGE OF THE FRA TERNAL ORDER OF POLICE LODGE NO. 10 WITNESSES: By 0}~ - cd,-~ Dennis Acker, President - Lodge No. 10 d~~7~ ~ -~ O~~ Page 56. I I I I I I I I I I I I I I I I I I I LEITER OF AGREEMENT The Ci be disci line will be for .ust cause and consi en and Police ment standards will The rds are develo . The not alter the Union will have the 0 City's ri&ht to chan&e the processes. artment and th Union will contin ollective bar ainin sessions and is final and bindin eement Dated: September 5. 1997 ~7k- ~ Cynthia Sontag City's Bargaining Representative ~/J/V1AA'W Dennis Acker President, FOP #10 I I I I I I I I I I I I I I I I I I I ..- rJ) ~ ~ ~fiJg ~Uc> ~~QO rJ)~- ~~ ~o~ :.s~~ Qu~ Q)~c.::> ~~ z <2~ ~ < ~ o g >-. 0 ('.I....... 0 ~....!:4 00 c~ (1:$ ~ ;:j ..... q ~ (1:$ ..... 0'- 0'- 0'- >-. 0 ...-t....... '-0 ~....!:4 '-0 l-. <I.) 0 <I.) <I.) ...-t ...0 ~ ...-t o ..... t)~ o 0'- ~ >-. ...-t ....... ~....!:4 C ~ (1:$ ~ ;:j ..... q~ (1:$ ..... 00 0'- 0'- >-. ...-t ....... ~....!:4 l-. <I.) <I.) <I.) ...0 ~ o ..... t)~ o I'.. 0'- 0'- >-. ...-t ....... ~....!:4 l-. <I.) <I.) <I.) ...0 ~ o ..... t)~ o 0... <I.) ..... rJ) I'.. I""") q ...-t I'.. "<t'1""") ...-t~ ...-t ...-t ~~ ~ ...-t ~ 00 00 00 00 0'- ~ ...-t "<t' If) ~ ...-t ~ o "<t' ('.I 0'- ...-t '-0 ...-t ...-t ...-t ...-t ~~~~ ...-t ~ o '-0 "<t'''<t'('.I "<t'1f)001'..00 l"'11f)1'.....-t00 "<t'-:t= " "<t'1""") 0'-0('.10'-'-0 ~~ I""") I"""l., "<t'~ ...-t ...-t ...-t ...-t ...-t ~~~~~ O'-...-t...-t('.l 1'..0'-"<t'1f) -.:t;~-.:t;00 o I'.. '-0 If) 01""")1'.....-t If)LflIf)~ ...-t ...-t ...-t ...-t ~~~~ '-0 I""") ~ '-0 0'- ~ ('.I "<t' '-0 I""") I""") If) I""") I""") 00 I""") '-0 I"""l., ...-t ~ "<t' ('.I q ('.I I""") ~ ~ ...-t ...-t ~~ 0'- 0'- I""") '-0 00 ~ ...-t ~ 0'-1'.. If) 01""")0 ...-t1'..l"'1 ('.I "<t' Lfl ...-t ...-t ~~ If) o If) o ('.I If) 0'- I'.. o~ ...-t ~ I""") If) '-0 I""") "<t'('.II""")('.I ~~I'..I""") ...-to...-t'-O I'..I""")O'-If) ~" rt r-t ~ ...-t ...-t ...-t ...-t ~~~~ 0'-('.1 I""") "<t' ...-t I'.. 0'- If) "<t' "<t' ('.I "<t' ...-t ...-t ...-t ...-t ...-t ...-t ~~~~~~ o '-0 I'.. 00 If) o If) I'.. "<t'1""") 00 I""") 0'-" "<t'o ...-t~ ...-t ~ "<t' 0'- o 00 I'.. 0 "...-t '-0 I""") ~I"""l., ...-t ...-t ~~ I""") "<t' "<t' 00 '-0 If) "('.I 0'- I""") I""")~ ...-t ...-t ~.~ '-0 u: o "<t' ~ 00 If) '-0 I'.. ~ ~ ...-t ...-t ~ ~ o If) If) I'.. '-0 If) I""") oq"<t''-OOO...-t''<t' 00 00 "<t'1""") If)...-tlf) I""") ('.100 "<t'o I'.. 0 q...-t...-t~I"""l.,I""")~ ...-t...-t...-t...-t...-t...-t...-t ~~~~~~~ ...-t ...-t ...-t ...-t ~~~~ ...-t('.lI""")"<t'If)'-OI'..OOO'-~ ...-t ('.I I'.. 0'- If) ~ 1""")('.I"<t' 00 00 '-0 O'-~If) ...-t ...-t I'.. ...-t If)~ 0'- "<t' I""") ...-t Lfl "<t'1f) ...-t "<t' ~I'.. I""") "<t' I'.. ~ ...-t ...-t ~ ~ ...-t o I'.. 00 "<t' ('.I '-0 If) ~ ...-t ~ If) If) '-0 " 0'- '-0 ~ ...-t ~ ...-t If) '-0 ~ ...-t ...-t ~ ~ ...-t 00 Lfl 00 0'- I""") If) 00 I""") o ('.I '-0 ...-t '-0 '-0 ...-t ...-t ...-t ~~ ~ I""") ...-t '-0 l"'1...-t00 0'- ('.I '-O~ ...-t If) If) o 0'- If) ~ ...-t ...-t ~ ~ ...-t ('.I I""") ...-t ...-t ...-t 00 I""") I""") I'.. 00 I'.. '-0 0'- o o "<t' I'.. ~ ...-t ~ ..- rJ) ~ ~O ~:t ~C> ~QO U- ~~ ~~ U~ ~v ~Z 2~ ~ < ~ I""") If) 00 ('.I 0'- '-0 o g >-. ('.I ....... ~....!:4 C ~ (1:$ ~ ;:j ..... q~ (1:$ ..... 00 If) -.:t; I""") If) o ...-t ~ 0'- 0'- 0'- >-. 0'- ...-t....... ~ ~....!:4 l-. <I.) <I.) <I.) ...0 ~ o ..... t)~ o I""") I""") o ...-t ~ 0'- ~ >-. 0'- ...-t -;::: ~ ~...... c~ (1:$ ~ ;:j ..... q ~ (1:$ ..... I""") I""") o ...-t ~ 00 0'- 0'- >-. "<t' ...-t....... 0'- ~....!:4 ...... l-. <I.) , '< <I.) <I.) ...-t ...0 ~ q 0..... ...-t t) ~ ~ o I'.. 0'- 0'- >-. ...-t ....... ~....!:4 l-. <I.) <I.) <I.) ...0 ~ o ..... t)~ o "<t' 0'- ('.I ...-t o ...-t ~ 0... <I.) ..... rJ) ...-t I I I I I I I I I I I I I I I I I I I c (U - (U rJ) ~ .... "'0 Q Q) 0.. 0.. < ~ o rJ) :> ~ ~- ~rJ) ~~ ZO <:I: -0 UQO -- z~ o~ ~~ F-c<-' ~z ~~ >~ ~< ~~ ~ U - ~ o ~ z- <rJ) u~ -0 ~:I: UO ~~ f-4 + ~"1" ~~ >~ ~<-' ~z tj~ -~ ~< 2~ ~ ~ "T f"") l/') '" l/') ('J '" ~ f"") f"") f"") ~ >- ~ l/') 00 f"") "T "T '" ('J "T '" ~ ~ f"") - '" ~ ('J 0 l/') 00 q 0': ~ <"! l/') 00 ~~ ~ 0 ~ Q) "T ~ ~ l/') '" 00 ~ l/') ~ "T v v ~ ('J '" f"") 00 "T '" 0 "T '" 0 "T ...0 ~ '" 0 q ~ ~ ~ ~ l"l l"l l"l ~ ~ 0 ..... ~ ~ l-' ~ V7 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U V7 V7 V7 V7 V7 V7 V7 V7 V7 V7 V7 0 00 ~ ~ l/') ~ ('J f"") f"") ~ '" 0 0 ~ >- '" "T 00 f"") ~ "T 0 ('J ('J ~ f"") 00 ~ - ~~ "T ('J 0 l/') ~ '<f: 00 0': 00 l/') 0 f"") l/') ~ ~ V ~ ~ ~ "T "T l/') '" 0 "T 00 v v ~ ~ "T 0 l/') ~ "T '" 0 "T '" 0 ...0 ~ l/') ~ O~ ~ ~ ~ ~ ~ l"l f"") f"") ~ 0 ..... ~ ~ ~ l-' ~ V7 V7 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U V7 V7 V7 V7 V7 V7 V7 V7 V7 V7 0 '" ~ ~ >- f"") ('J 00 ~ ~ 0 '" ('J '" f"") ~ - ('J ~ ~ q ~ 0 l/') ~ ~ 00 "T ~ ~~ ~ ('J ~ V ~ f"") ~ f"") ('J ('J f"") l/') 00 ~ V V ~ f"") ('J '" ('J 00 ~ "T '" 0 f"") '" ...0 ~ ('J '" q q ~ ~ ~ ~ ~ f"") f"") f"") 0 ~ ~ ..... V7 V7 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ l-' ~ V7 V7 V7 V7 V7 V7 V7 V7 V7 V7 U 0 0.. 0 ~ ('J V ~ ('J f"") "T l/') ~ '" 00 ~ l-' ~ ~ ~ C/') ~ ~ 00 ~ f"") '" ~ ~ f"") '" ~ >- l/') f"") ~ 0 ('J ~ f"") '" ~ ~ l/') 00 ~ - ~~ l/') ('J ~ l/') 00 l/') '" l/') ~ f"") f"") 0 f"") ~ ~ l/') ~ V "T ~ f"") ~ 0 ~ ~ 0 V V ~ f"") 00 l/') f"") 00 ~ "T '" ~ ('J ~ ...0 ~ l/') ~ f"") 00 q q ~ ~ ~ ~ ~ ~ 0 ..... 00 00 ~ ~ l-' ~ V7 V7 V7 V7 ~ ~ ~ ~ ~ ~ ~ ~ U V7 V7 V7 V7 V7 V7 V7 V7 0 00 ~ 0 ~ l/') ~ l/') 0 00 ~ ~ >- ~ 0 ~ ~ l/') ('J l/') f"") '" ~ ~ f"") ~ - '" '" f"") 00 '" ~ '" l/') ~ f"") <"! ~~ ~ 00 f"") 0': ~ ~ V 00 ~ l/') ('J 0 ~ 00 00 V V ~ ~ "T 0 0 l/') 00 ~ "T ~ ~ ('J ...0 ~ ('J '" ~ ~ q q q ~ ~ ~ ~ ~ 0 ..... 00 00 ~ ~ ~ ~ ~ l-' ~ V7 V7 V7 V7 ~ ~ ~ ~ ~ ~ ~ ~ U V7 V7 V7 V7 V7 V7 V7 V7 0 '" ~ ~ >- "T "T '" '" l/') ('J ~ ~ - 0 ('J ~ ('J ~ '" l/') 0': 0 00 f"") l/') ~~ "T 00 <"! 00 ~ r--.: ~ v '" '" f"") ~ 00 ~ Q) V 00 00 ~ l/') ('J f"") l/') 00 ~ f"") ~ ~ ...0 ~ 0 "T ~ f"") 00 q q q ~ ~ ~ ~ 0 00 00 00 ~ ~ ~ ~ ..... V7 V7 V7 V7 V7 ~ ~ ~ ~ ~ ~ ~ l-' ~ V7 V7 V7 V7 V7 V7 V7 U 0 0.. 0 ~ ('J V ~ ('J f"") "T l/') ~ '" 00 ~ l-' ~ ~ ~ C/')