SUPERVISORS BARGAINING UNIT AGREEMENT 1997-2000
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AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
SUPERVISORS' BARGAINING UNIT
FISCAL YEARS 1997 - 2000
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LETTER OF AGREEMENT
The City and Union agree to the following changes to the Agreement for the years 1997 to 2000 between the
City of Clearwater and Fraternal Order of Police Lodge 10:
EFFECTIVE IMMEDIA TEL Y
Article 14. Section 21
Replace (f) with the following:
(f) A monthly allowance of $80.00 shall be proyided to each canine officer for use at his/her discretion for
supplemental food. grooming. pest control. medical and related needs associated with care of the canine.
EFFECTIVE OCTOBER 1,1998
Article 14. Section 8
Replace (b) with the following:
(b) Detectiyes shall receive a plain-clothes allowance of $600.00 for Fiscal Year 1998/99 and $600.00 for Fiscal
Year 1999/2000.
Add the following:
(e) The City may determine the most appropriate way to pay the uniform allowance. e.g. biweekly. monthly.
quarterly. or annually. Further the City may change the manner in which the allowance is paid provided that
employees are given not less than 30 days notice of the change and that the change does not reflect a reduction
in the annual amount to be paid.
This Letter of Agreement was negotiated in good faith through collective bargaining by the City and the
Union and is final and binding as part of this Agreement.
Date:
Ckf- .;; J .1'1 '? JY
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Michael 1. Roberto
City Manager
Dennis Acker
President, FOP #10
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TABLE OF CONTENTS
Page No.
Preamble
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
............................................................................................................ 1
Recognition and Authorized Representatives.................................... 1
City Management's Rights........... ............. ......................................... 2
Grievance Procedure.......................................................................... 3
No Strike............................................................................................ 7
Checkoff and F. O.P. Business................................ ............................ 7
No Discrimination............................................................................. 9
Article 8
Article 9
Article 10
Work Rules and Personnel Practices................................................. 10
Section 1. Sick/Injury Leave .................................................10
A. Sick Leave Accrual...................................................... 10
B. Sick Leave Accrual Caps ............................................. 10
C. Sick Leave Balance Transfers and Restoration.......... '10
D. Calculation for Use of Sick Leave............................... 10
E. Authorized Use of Sick Leave..................................... 10
F. Authorization of Sick Leave ....................................... 11
G. Payment for Unused Sick Leave .................................11
H. Injury From Other Employment ...............................12
1. Use of Leave After Accrual......................................... 12
J. Bonus Leave Days .......................................................12
K. Leave PooL.................................................................. 13
Section 2. Military Leave........... ............ ....................... ......... 14
Section 3 . Time Off......................... ............................. ......... 16
Section 4. Leave Without Pay............................................... 17
Section 5. Personnel Records ......... .............................. ......... 18
Section 6. Residency Requirement........................................ 18
Section 7. Tobacco Product Usage........................................ 19
Section 8. Seat Belt and Safety Equipment Use..................... 19
Section 9. Outside Employment ........................................... 19
Section 10. Productivity....................... .......... ....... ................. 19
Section 11. Take-Home Cars.................................................. 19
Section 12. Police Officers' Bill of Rights .............................. 20
Prevailing Rights............................................................................... 20
Existing Rules............ ............. .............................................. .............20
Duties of Police Sergeants and Police Lieutenants ............................ 20
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TABLE OF CONTENTS
Page No.
Article 11
Article 12
Seniority............................................................................................ 21
Promotional Procedure..................................................................... 22
Article 13
Section 1. Eligibility................... .................. ......................... 22
Section 2. Promotional Exams .............................................. 22
Section 3 . Testing Process........................ ............. ................ 23
Section 4. Certification and Appointment............................ 23
Section 5. Eligible List.. ........... ...... ........................................ 23
Section 6. Probation.............................................................. 24
Direct Economic Provisions .......... .... ........... .................................... 24
Section 1. Holidays............................................................... 24
Section 2. Vacations .............................................................. 25
A. Accrual of Vacation Leave ..........................................25
B. Use of Vacation Leave................................................. 26
C. Maximum Accrual of Vacation Leave......................... 26
D. Payment and Accrual during Military Leave .............. 27
E. Conversion to Sick or Funeral Leave.......................... 27
F. Payment of Unused Vacation Leave ...........................27
Section 3. Recall Pay............................................................. 27
Section 4. Acting In Higher Position Pay............................. 27
Section 5. Court And Standby Time..................................... 28
Section 6. Physical Examinations and Inoculations .............. 28
Section 7. Funeral Leave....... ................... ..............................29
Section 8. Uniform and Plain-Clothes Allowance ................ 29
Section 9. Line-of-Duty Injury Pay....................................... 30
Section 10. Insurance.............................................................. 31
Section 11. Work Week and Overtime .................................. 31
Section 12. Performance Review............................................ 31
~) Rules for Administering the Pay Schedule.................. 32
) Responsibility for Performance Evaluations............... 32
c) Denial of Merit Step Advancement............................. 32
Section 13. Compensatory Time Allowance.......................... 32
Section 14. Shift Differential..................................... ..... ........32
Section 15. Funeral Detail...................................................... 33
Section 16. Legal Protection.................. ......................... ........ 33
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Appendix A
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TABLE OF CONTENTS
Page No.
Section 17. Copies of Municipal Code ................................... 34
Section 18. Standby Pay......................................................... 34
Section 19. Special Duty CallOut .........................................34
Section 20. Canine Assignment.............................................. 34
Section 21. Tuition Refund Program ..................................... 35
Section 22. Job Assignment Pay.................... ....... ..................35
Section 23. Light Duty Assignment ....................................... 36
Bulletin Boards, Rules and Regulations, Memos and
Copying of Agreement........ ..............................................................36
Amendments .....................................................................................37
Severability and Waiver ................ .............. .......... ................ ............ 37
Discipline and Performance .... ................................... .............. .........38
Substance Abuse and Testing............................................................ 38
Review Boards... ........... ....... ........ .......... ......................................... ...41
Training............................................................................................. 42
Pension/Social Security..................................................................... 42
Contract Constitutes Entire Agreement of the Parties ..................... 42
Duration, Modification and Termination.........................................43
Wages... ... ... ..... ... ....... ..... ...... ..................................... ........................44
Salary - Police Sergeant
Salary - Police Lieutenant
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PREAMBLE
This Agreement is entered into December 4, 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 and peaceful means of resolving any misunderstandings or
differences which may arise, and to set forth herein the full agreements between the parties
concerning rates of pay, wages, hours of employment, and other terms and conditions of
employment. It is understood that the City is engaged in furnishing essential public services,
which vitally affect the health, safety, comfort and general well being of the public and both
parties hereto recognize the need for continuous and reliable service to the public. There shall
be no individual arrangement contrary to the terms herein provided.
ARTICLE 1
RECOGNITION AND AUTHORIZED REPRESENTATIVES
Section 1. The City hereby recognizes the Union as the exclusive bargaining
representative as defined in Chapter 447, Florida Statutes, as amended, for all employees
employed in the unit defined by the Public Employee Relations Commission in its certification
No. 816, dated October 20, 1988, which certification is limited to Police Sergeants and Police
Lieutenants.
Section 2. The City agrees that during the term of this Agreement it will deal only
with the authorized representatives of the Union in all matters requiring mutual consent or
other official action called for by this Agreement. The Union agrees to notify the City of the
name of such authorized representatives as of the execution of the Agreement and each
replacement therefore during the term of the Agreement. Authorized representatives shall be
defined as the elected Officers of the Union and duly elected or appointed stewards, provided
that notification has been provided in writing to the Office of the Police Chief and to the
Deputy City Manager at least twenty-four (24) hours in advance. Until such notice is received,
the City is under no obligation to recognize an individual as an authorized representative of the
Union.
Section 3. The Union agrees that during the term of this Agreement the Union and
the employees covered hereunder shall deal only with the City Manager or his/her
representative in matters requiring mutual consent or other official action and specifically the
Union agrees that neither the Union nor the employees covered hereunder shall seek to involve
the Mayor-Commissioner or Commissioners in the administration of the Agreement, or
otherwise in the operation of the City's Police Department, provided that nothing contained
herein shall restrict an employee's right to present non-employment related matters to such
elected officials. All matters relating to grievances shall be processed only through the
grievance procedure chain of command.
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ARTICLE 2
CITY MANAGEMENT'S RIGHTS
Section 1. The City reserves, retains, and is vested with, solely and exclusively, all
rights of management which have not been expressly abridged by specific provisions of this
Agreement. The sole and exclusive rights of management include, but are not limited to, the
following:
(a) to manage the City generally and to determine the issues of policy;
(b) to determine the existence or nonexistence of facts which are the basis of management
decisions;
(c) to determine the necessity or organization of any service or activity conducted by the
City and to expand or diminish services;
(d) to determine the nature, manner, means, and technology, and extent of services to be
provided to the public;
(e) to determine methods of financing and budgeting;
(f) to determine the types of equipment and technology to be used;
(g) to determine and! or change the facilities, methods, technology, means and size of the
work force by which the City operations are to be conducted;
(h) to determine and change the number of locations, relocations, and types of operations,
processes, and materials to be used in carrying out all City functions including, but not
limited to, the right to contract for or subcontract any work or operation of the City;
(i) to assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments;
G) to relieve employees from duties for lack of work, lack of funds or any other non-
disciplinary reasons;
(k) to establish and modify productivity and performance programs and standards;
~) to discharge, suspend, demote, or otherwise discipline employees for just cause;
(m)to determine job classifications and to create, modify or discontinue jobs;
(n) to hire, transfer, promote, and demote employees;
(0) to determine policies, procedures, and standards for selection, training and promotion of
employees;
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Article 2 (continued)
(P) to establish employee performance standards including, but not limited to, quality and
quantity standards and to require compliance therewith;
(q) to maintain order and efficiency in its facilities and operations;
(r) to establish and promulgate and/or modify rules and regulations and standard operating
procedures; including, but not limited to Civil Service rules;
(s) to take any and all necessary action to carry out the mission of the City and the Police
Department in emergencies.
Section 2. If in the sole discretion of the City Manager or the Mayor it is determined
that civil emergency conditions exist or may exist, including, but not limited to, riots, civil
disorders, hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement
may be suspended by the City Manager or the Mayor during the time of the declared
emergency, provided that wage rates and other direct monetary payments shall not be
suspended. Further, a discharge, suspension or demotion occurring during such emergency
may be pursued as a grievance upon the termination of the emergency. The date of
termination of the emergency shall be considered the first day under the grievance procedure.
ARTICLE 3
GRIEVANCE PROCEDURE
Section 1. A grievance shall be defined as a timely complaint by an employee within
the bargaining unit regarding the interpretation or application of specific provisions of this
Agreement. The grieving individual must state in writing the remedy sought to resolve the
gnevance.
Section 2. All grievances filed shall refer to the specific Article and Section of this
Agreement upon which the grievance is based and shall contain a concise statement of the facts
alleged to support the grievance. Any grievance relating to disciplinary action shall be signed
by the employee initiating the grievance. A grievance relating to an alleged contract violation
other than disciplinary action may be filed by, and signed by, the Union on behalf of an
employee(s) but must specify the affected employee(s) by name All information must be
furnished. No grievance may be amended from the original written grievance filed at the initial
step of the grievance procedure. The Union agrees to deliver copies of the initial grievance and
of each successive written step of processing for the grievance to the office of the City Manager
within forty-eight (48) hours of its submission to the appropriate official within the Police
Department.
Grievances shall be processed in accordance with the following procedure and shall be
determined by application of the terms of this Agreement. Where the term "working days" is
used in this Article, it shall refer to Monday through Friday. Saturdays, Sundays and days
designated as holidays for managerial employees of the Police Department or the City
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Article 3 (continued)
Manager's office are excluded from the term "working days." The time limits for filing the
grievances and processing subsequent steps in the grievance process shall be strictly construed,
but may be extended by mutual agreement evidenced in writing and signed by a duly
authorized representative of the City and the grieving party. Failure of the grievant to comply
with any of the time limits set forth hereunder shall constitute waiver and bar further
processing of the grievance. Failure of the City to comply with the time limits set forth
hereunder shall automatically move the grievance to the next level in the grievance process.
Probationary employees shall not have access to the grievance procedure for failure to
satisfactorily complete the probationary period, but will be allowed to grieve other forms of
discipline for which they are charged for specific infractions or violations of City or
departmental rules, regulations, orders or other documents regulating conduct. The right of
management to demote a probationary employee for failing to meet standards is absolute and
no specific reason shall be given.
Section 3. On behalf of employees covered by this Agreement, the Union hereby
waives any right of these employees to resort to the Civil Service Board concerning any matter
that is defined in this Agreement. This shall specifically include grievances relating to
suspensions, demotions and dismissals.
Section 4.
Formal Processing of Grievances Initiated By Employee
The aggrieved employee may request that a Union representative be present in the
meetings scheduled to discuss the grievance which are held between the grievant and the City as
provided in Steps 2 and 3 herein.
STEP 1
An aggrieved employee (Police Sergeant or Police Lieutenant) shall present his/her
grievance in writing to the Police Captain in his/her respective Division, or to the Deputy
Police Chief if the employee is not assigned to a specific Division Captain, within ten (10)
working days after the employee has knowledge or constructive knowledge of the occurrence
of the action giving rise to the grievance. The written grievance at this step, and at all steps
thereafter, shall contain the following information:
1. A statement of the grievance including date of occurrence, details, and the facts upon
which the grievance is based.
2. The Article and Section of the Labor Agreement alleged to have been violated.
3. The action, remedy, or solution requested by the employee.
4. Signature of aggrieved employee and Union representative.
5. Reason for rejection of management's answer, if appealed (Steps 2 and 3 only).
6. Date sub mined.
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Article 3 (continued)
Grievances submitted at this step shall be reviewed and returned to the grievant if the
form does not contain the above information. The grievant shall be notified of the
insufficiency and afforded an opportunity to correct and resubmit the grievance within two (2)
working days of its being returned to him/her. As used in this Article, the term "employee"
shall also mean a group of employees having the same grievance. In such event, one aggrieved
employee shall be designated by the group of employees to be responsible for processing the
grievance. The Police Captain or Deputy Police Chief receiving the initial grievance shall
review the grievance and submit a response in writing to the aggrieved employee within ten
(10) working days from the date the grievance was presented to him/her. The written response
at this step and all steps thereafter shall contain the following information:
1. An affirmation or denial of the facts upon which the grievance is based.
2. An analysis of the alleged violation of the Agreement.
3. The remedy or solution, if any, to be made.
4. Signature of the appropriate management representative.
Where the Police Captain or Deputy Police Chief determines that he/she is unable to
respond due to circumstances of the grievance which may require a decision at a higher level,
he/ she may respond by denying the grievance.
STEP 2
If the grievance is not resolved at Step 1, the aggrieved employee may submit the
grievance to the Police Chief within ten (10) working days from receipt of the response in
Step 1. Such submission of the grievance at Step 2 shall be in writing. The Police Chief or
designee shall obtain necessary facts concerning the alleged grievance and shall, within seven (7)
working days following receipt of the grievance at Step 2, meet with the aggrieved employee
and a Union representative if one has been requested. The Police Chief or his/her designee
shall notify the aggrieved employee of his/her decision in writing not later than seven (7)
working days following the meeting day with the employee.
STEP 3
If the grievance is not resolved at Step 2, the grievance and all responses thereto may be
submitted to the City Manager or his/her designee within ten (10) working days of the time the
response was provided in Step 2. At the request of the employee, the City Manager or his/her
designee shall meet with the employee and a Union representative if one has been requested.
The City shall determine who shall meet with the employee. Within ten (10) working days of
the meeting with the employee, the City Manager or his/her designee will notify the aggrieved
employee, in writing, of his/her decision. If a grievance is not submitted to the City Manager
or his/her designee, it shall be deemed to have been resolved at Step 2 or to have been dropped
by the grievant.
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Article 3 (continued)
Section 5.
Formal Processing of Grievance Initiated By City
Where any provision of this Agreement involves responsibility on the part of the Union
which, in the view of the City, is not properly being carried out, the City may present the issue
to the Union as a grievance. If such grievance cannot be resolved by discussion between the
City and the unit representative on an informal basis, the grievance may be formally filed in
writing by the City Manager or his/her designee by giving written notice to the authorized
representative of the Union. Such notice shall indicate the provisions of the Agreement which
the City contends is not properly being carried out by the Union. If not resolved within ten
(10) working days following receipt by the Union of the written grievance, the City may
submit the grievance to arbitration under the provisions of Section 6 of this Article.
Section 6.
Grievance Arbitration
In the event that a grievance is still unresolved after Step 3 in Section 4 above or as
provided in Section 5 above, the matter may be submitted to final and binding arbitration as
provided in this Section.
(a) Within ten (10) working days of the decision of the City Manager or his/her designee,
the aggrieved party shall notify the City Manager or his/her designee of intent to
arbitrate. Concurrently, said party shall request from the Federal Mediation and
Conciliation Service a list of five (5) names of qualified arbitrators. Within ten (10)
working days after the receipt of such a list, representatives of the parties shall meet and
each party shall strike two (2) names. The party filing the grievance shall strike the first
name, then the other party shall strike a name. The process shall be repeated and the
remaining name shall be the arbitrator selected. The arbitrator shall be notified of
his/her selection. As promptly as can be arranged, but no later than thirty (30) days
from the selection of an arbitrator, the arbitration hearing shall be held. In the event
that the arbitrator selected is not available within the thirty (30) day time frame, the
parties shall immediately obtain a new list from the Federal Mediation and Conciliation
Service and select another arbitrator using the same process as previously referenced.
(b) Each party shall pay its own expense for its representative, counsel and witnesses. The
fees of the arbitrator, including the appearance fee of a court reporter, shall be shared
equally by the parties.
(c) The decision of the arbitrator shall be final and binding upon both parties, except that
either party may petition for review in the circuit court. The arbitrator shall have no
power to amend, add to, or subtract from the terms of this Agreement in rendering
his/her decision and such decision shall be limited to determination and interpretation
of the explicit terms of this Agreement. If the City has denied the grievance on the basis
that it was not timely filed and processed as required by this Article and if the arbitrator
finds that the grievance was not timely filed or processed, then the arbitrator shall have
no power to grant relief. No decision of the arbitrator shall create a basis for retroactive
adjustment in any other case.
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Article 3 (continued)
(d) Copies of the decision of the arbitrator made in accordance with the jurisdiction and
authority of this Agreement shall be furnished to both parties within thirty (30) calendar
days from the date of the hearing.
(e) The arbitrator shall arbitrate solely the issue presented.
(f) Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based
solely on the originally written grievance submitted in the grievance process.
Section 7. Grievances arising out of the discharge, demotion, or suspension of a
bargaining unit employee shall be initiated at Step 3. of the grievance procedure.
ARTICLE 4
NO STRIKE
Section 1. The Union agrees that during the term of this Agreement it shall not
authorize, instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown,
work stoppage or any other act of like or similar nature likely to interfere with the efficient
operation of the City's affairs engaged in or supported by members of the Union and/or
employees represented by the Union or other agencies or representatives of the Union or its
affiliates.
Section 2. Should the Union or its member employees covered hereunder within the
City's Police Department breach this Article, then the City may proceed to the appropriate
court and, without notice, obtain a temporary restraining order against such breach.
Section 3. Should any member of the bargaining unit be found guilty of striking as
defined in Chapter 447, Florida Statutes, the employee shall be subject to dismissal, and it is
expressly agreed that such violation constitutes just cause for dismissal.
ARTICLE 5
STEWARDS
CHECKOFF AND F.O.P. BUSINESS
Section 1. During the term of this Agreement, and except as provided below, the
City agrees to deduct the basic and uniform membership dues owed by the employee to the
Union on a biweekly basis, provided that prior to any such deduction the Union has provided
the City with a signed statement from each said employee for whom dues are to be made that
such deduction is authorized, provided further that such authorization is in a form satisfactory
to the City. Any authorization for dues deduction may be canceled by the employee upon
thirty (30) days' written notice to the City and the Union and shall be discontinued in the event
the employee is terminated or is transferred, promoted or otherwise moved out of the
bargaining unit. The City will not deduct any Union fines, penalties or special assessments
from the pay of any employee.
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Article 5 (continued)
Section 2. In the event that an employee's salary earnings within any pay pe-iod,
after deductions for withholding, pension or social security, health and/or hospitalization
insurance or other standard or legally required deductions, are not sufficient to cover the basic
and uniform membership dues, it will be the responsibility of the Union to collect its dues for
that pay period from the employee.
Section 3. The Union shall indemnify, defend and hold the City, its officers,
officials, agents and employees harmless against any claim, demand, suit or liability (monetary
or otherwise) and for all legal costs arising from any action taken or not taken by the City, its
officials, agents and employees in complying with this Agreement. The Union shall promptly
refund to the City any funds received in accordance with this Agreement which are in excess of
the amount of basic and uniform membership dues which the City has agreed to deduct.
Section 4. The stewards of the Union shall consist of the elected officers of the
Union, subject to a limit of four persons and four alternates. If the Union has more than four
officers, it shall designate the four who will serve as stewards. The Union will submit a list of
the four elected officers who will serve as stewards and the four alternates to the Police Chief
and to the Deputy City Manager.
(a) Any steward who feels unqualified to represent a member on any matter will be
permitted to contact the Union president who shall designate a representative to serve
the member.
(b) A steward shall not investigate or otherwise handle grievances during working hours
without the specific, expressed consent of the Division Commander. A steward shall
not investigate his/her own grievance or otherwise represent himself/herself.
Section 5. The Union shall be allowed up to ten (10) working days (of 8 hours each)
of time off without loss of pay per year for the purpose of attending official F.O.P. or
bargaining unit functions, meetings or conferences. Requests for use of this Union time shall
be made in advance in writing by one of the elected officers of the Clearwater Supervisors
Bargaining Unit to the affected Division Commander via the chain of command and
subsequently routed to the Chief of Police or his/her designee for consideration. Use of Union
time shall be subject to the approval of the Chief of Police or his/her designee. The Chief or
his/her designee will grant such time off without loss of pay provided that, in his/her sole and
unlimited discretion, the efficiency of operation of the Department will not be interfered with
or impaired. Any portion of the ten (10) days of Union time not used in an annual period,
which shall be defined as a contract year, beginning with ratification shall be forfeited and shall
not be carried forward into the next annual period. Bargaining unit members utilizing Union
time under the provisions of this Section shall not be eligible during the time of utilization for
Worker's Compensation benefits in case of injury. In any event, absence from duty for Union
business shall not be approved which requires a Union member to be off duty for periods in
excess of two (2) consecutive work shifts. Extension of any consecutive time off for Union
members over and above two (2) consecutive shifts may be granted solely at the discretion of
the Police Chief.
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Article 5 (continued)
Joint related business between the City and the Union shall not be subject to deduction
from Union time under this Section. However, the Union acknowledges that such time needed
for arbitration hearings will be chargeable to the account.
Section 6. The Union shall designate a Civil Service Liaison Officer who may, on
request, be relieved from duty with no loss of pay for the purpose of attending Civil Service
Board Meetings, unless the efficiency of operation of the Department will be interfered with or
impaired in the sole and unlimited discretion of the Chief of Police or his/her designee. In
addition, two Union officers may, on request, and at the discretion of the Chief or his/her
designee, be relieved from duty with no loss of pay for the purpose of attending official Union
meetings, unless the efficiency of operation of the Department will be interfered with or
impaired.
Section 7. The President of the Clearwater Supervisors Bargaining Unit or his/her
designee local Union shall be forwarded a copy of the agenda in advance of every regular City
Commission meeting.
ARTICLE 6
NO DISCRIMINATION
Section 1. The City agrees to continue its policy of not discriminating against any
employee for any reason prohibited by applicable state or federal law. Any claim of
discrimination by any employee against the City, its officers or representatives shall not be
grievable or arbitrable under the provisions of the Grievance Article of this Agreement, but
shall be subject to the matter of review prescribed by law or by rules and regulations of
appropriate state or federal agencies having the force and effect of law.
Section 2. The Union and its representatives agree to support federal and state laws
and regulations thereunder which have the effect of law and to abide by them, and further to
encourage all bargaining unit members to comply with such laws and regulations at all times.
From time to time, as the City issues policy statements or develops specific training programs
concerning areas of prohibited discrimination under federal laws and regulations, the City may
submit such policies and/or programs to the Union for their review and consideration for
endorsement. If the Union determines not to endorse the policy and! or program, it shall
advise the City of its reservations which have precluded it from endorsement.
Section 3. The Union and the City shall not interfere with the right of employees
covered by this Agreement to become or to refrain from becoming members of the Union, and
the Union and the City shall not discriminate against any such employee because of
membership or non-membership in any employee organization. The Union acknowledges that
it is the sole representative of bargaining unit employees. However, the Union has no
obligation to prosecute grievances under this Agreement for non-members.
Section 4. The City and the Union jointly concur that references in this Agreement
to employees of the male gender are used for convenience only and shall be construed to
include both male and female employees.
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ARTICLE 7
WORK RULES AND PERSONNEL PRACTICES
Section 1. Sick/Injury Leave
A. Sick Leave Accrual
Employees shall accrue 3.693 hours of sick leave on a biweekly payroll basis -- (i.e., an
employee on a 40-hourwork week earns twelve (12) days per payroll 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 50% of the employee's
hourly base rate of pay as of July 1998. Payment shall be made as soon as practical after
September 30, 1998. The pay rate excludes all additions to base pay. The hourly rate
shall be adjusted for changes in a work week other than 40 hours.
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 remain the same upon transfer to another department or
classification.
3. No sick leave balances are restored after a break in service.
D. Calculation for Use of Sick Leave
Sick leave may be authorized for 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 ?ental appointments, physical examinations, or other personal or family sickness
preventIon measures.
Page 10.
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I
Article 7 (continued)
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".
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 City service, an employee shall be paid for one-half (1/2) of
his/her accumulated unused sick leave up to 1560 hours. 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. Payment shall be
made provided:
1. 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 employee is receiving Workers' Compensation shall not be deducted
from continuous service; or
2. That the separation is involuntary on the part of the employee, including disability
(incurred on or off the job) and layoffs; or
3. The employee's estate shall receive payment if an employee dies.
4. An employee who has been dismissed for cause shall have no claim for sick leave
payment.
An 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.
Page 11.
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Article 7 (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.
1. 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 payroll 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 payroll calendar year.
Assigned Shift
Amount of Sick Leave Used
Bonus Leave Days
Awarded From
Converted Sick Leave
Eight or Ten-Hour Shifts
Zero Time
2
Eight or Ten-Hour Shifts
More than zero time but less
than 2 days
1
Combination of Eight and
Ten-Hour Shifts
More than zero time but less
than 2 days combined as:
. 2 Eight-hour days
. 2 Ten-hour days
. 1 Ten-hour day and
1 Eight-hour day
1
1. 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.
2. Bonus Leave Days are not included in overtime calculations.
3 . 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 12.
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Article 7 (continued)
4. 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.
K. Leave Pool
A joint leave pool will be established by the members of the Fraternal Order of Police
Lodge No. 10 and Fraternal Order of Police Supervisors' bargaining units, such leave
pool to be available for use by members of both bargaining units, subject to the
following provisions:
1. The purpose of the leave pool is to provide leave to bargaining unit members who face
significant time off without pay due to a serious illness or injury, whether job-connected
or non-job-connected, or serious illness or injury to a family member covered under the
family sick leave policy. The leave pool may not be used for short time periods where
an employee may be without pay. Short time shall be defined as less than thirty (30)
calendar days.
2. A committee shall be formed and the committee shall determine use of the leave pool
days, subject to the above purposes and limitations.
(a) 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.
(b) The committee shall review employee needs and circumstances consistent with the
provisions of the leave pool and shall determine eligibility for and the amount of
pool leave time that may be provided to employees. The committee may establish
procedures, forms, and other rules necessary for its effective operation, provided
they are consistent with the provisions of this Section.
(c) 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
comrmttee.
3. Bargaining unit members may donate days from their vacation, sick leave or floating
holiday balances to the leave pool one time per year unless 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.
(a) No employee shall be permitted to donate more than three (3) days of leave per year
to the pool; unless modified with the prior approval of the City Manager.
Page 13.
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Article 7 (continued)
(b) 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).
(c) Donations of pool leave time are irrevocable.
(d) No dollar value shall be placed on leave donations. All donations and all authorized
usage shall be computed as day for day.
4. When pool leave time is authorized by the committee for use by an employee, it shall be
on a day-for-day basis, irrespective of whether the employee works an eight-hour or ten-
hour shift. An employee using leave pool time shall receive regular base pay and his/her
regular shift pay; however, other pays shall not be provided with leave pool days (e.g.,
lead pay, acting pay, special assignment pay, etc.).
5. Pool leave time not used in a given year by the employee receiving the donated pool
leave time shall be carried over to the next year. No donated pool leave time will be
refunded.
Section 2. Military Leave
Any regular or probationary employee in the classified service being inducted or
otherwise entering the armed forces of the United States in time of war, or pursuant to the
Selective Service Act of 1948, as amended, or of any other law of the United States, shall be
granted military leave of absence without pay for the period of the military service required of
him/her and on completion thereof, be reinstated in the City service in accordance with the
following regulations:
(a) Military leaves shall be granted in accordance with the provisions herein except where
said provisions may be superseded by federal law:
(1) For inductees, the minimum period of time required to be served;
(2) For enlistees in time of war, the period of the first minimum enlistment, or for such
additional period of time required to be served;
(3) For reservists, the minimum period of time required to be served.
(4) 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;
Page 14.
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Article 7 (continued)
(5) For required active or inactive training duty as a member of the Reserve Component
or the National Guard falling on the employee's regularly scheduled work days up
to a maximum of seventeen (17) work days per year without loss of seniority rights
or efficiency rating. Absence from duty for required military reserve training in
excess of seventeen (17) days per year or for any non-required military reserve
training for which the employee initially volunteered shall not be compensated by
the City. A copy of the employee's military orders certifying his/her training
assignment shall be submitted by the employee to the Police Chief immediately
upon receipt by the employee. An employee who is required to attend military
duty training which falls or occurs during regular working hours and which exceeds
the seventeen (17) work days provided above will be granted time off without pay.
The employee shall be required to provide timely notice to the City of such training
assignments. Failure to provide any of the timely notices herein required of an
employee's military orders to the Police Chief shall be considered just cause for
disciplinary action not to exceed a three (3) day suspension.
(b) For the purpose of this Section, "armed forces" shall be defined to include:
(1) The Army, Navy, Marine Corps, Air Force, Coast Guard and National Guard.
(2) The auxiliary services directly necessary to and actually associated with the armed
forces of the United States, as may be determined by the City.
(c) Application for reinstatement must be made within ninety (90) calendar days from date
of discharge or release, or from hospitalization continuing after discharge for a period of
not more than one year. Such application shall be in writing to the Human Resources
Director and shall be accompanied by evidence of honorable discharge or release.
(d) Upon return from military leave, the employee shall be reinstated in the City service in
accordance with the following regulations:
(1) If still qualified to perform duties of his/her former position, be restored to position
or to a position of like seniority, status and pay;
(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 or returned to a
former position in which the employee had acquired permanent status and the
returning employee reinstated.
Page 15.
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1
Article 7 (continued)
(4) If a returning employee has regular status and cannot be reinstated under the
provisions of paragraph (3) above, then the employee having been employed in the
appropriate class for the shortest period of time shall be laid off or returned to a
former position in which he/she had acquired permanent status and the returning
employee reinstated.
(5) A returning employee shall have the same status as he/she had prior to the beginning
of his/her military leave. He/ she shall be allowed to take any subsequently
administered examinations after his/her return that he/she would have been eligible
to take had he/she not been on military leave and to complete any uncompleted
period of probation. No grievance shall be filed by any other employee in
connection with this paragraph.
(6) He/she shall submit to such medical and! or physical examinations as the appointing
authority shall deem necessary to determine whether or not such military service has
in any way incapacitated him/her for the work in question; provided, however that
as far as practicable, any employee returning with disabilities shall be placed in such
employment as the appointing authority shall deem suitable under the
CIrcumstances.
(7) Any regular or probationary employee receiving a dishonorable discharge from the
armed forces shall not be reinstated to any position in the City service.
(e) An employee granted a military leave of absence shall, insofar as possible, have all the
rights and privileges he/she would have had if he/she had remained on duty, including
cumulative seniority and, except as otherwise provided in this Agreement, applicable
Civil Service/Personnel Rules, or City benefit policies, all other benefits dependent on
length of employment to the same extent as if he/she had not been absent on such leave.
An employee returning from military service shall be reinstated to active City service at the
earliest possible date following application for such reinstatement, consistent with the best
interests of the City service and taking into consideration necessary adjustments of staff. In no
event, however, shall this period be more than thirty (30) calendar days. The City shall have
the right to, as part of the employee's duties upon returning to work, assign the employee to
such training as is necessary in its judgment to ensure the employee's familiarity with job duties
and knowledge.
Section 3. Time Off
An employee shall be granted necessary time off from his/her duties with pay for any of
the following reasons when such time off does not, in the judgment of the Police Chief,
interfere with the operations of the Department:
(a) For participation in promotional examinations held by the City.
Page 16.
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l
Article 7 (continued)
(b) For serving on a jury. The employee shall be required to furnish proof of such service
and shall work any part of his/her regular schedule when not required to serve on said
JUry.
(c) When directed by the City Manager or Police Chief to attend professional or other
conventions, institutes, courses, safety meetings or other meetings, including in-service
.. . . .
traInIng or In-servIce meetIng.
An employee may be granted time off without pay for attendance at meetings other
than those specified in Sections 3 (a) through (c) above, or to attend to urgent personal business,
provided that such employee shall request approval from the Police Chief in sufficient time to
permit the Police Chief to make arrangements therefor, and further provided that such time off
will not affect the efficient operation of the Department in the sole and unlimited discretion of
the Police Chief.
With the prior approval of the City Manager and Police Chief or his/her designee, and
when the employee is acting in an official capacity on behalf of the City, an employee may be
granted time off from his/her duties for acting as an active or honorary pallbearer at a funeral
or for attendance at state funerals, funerals of City officials, or employees or their spouses, or
for military or fraternal funerals. Such time off may be granted with or without compensation
at the sole and unlimited discretion of the Police Chief and the City Manager.
Time off with compensation under any of the provisions of this Agreement (including
vacation and sick/injury leave) shall not be required to be made up.
Section 4. Leave Without Pay
A regular employee may, on written application therefor, be granted a leave of absence
without pay upon the prior approval of the appointing authority for any of the following
reasons:
(a) Because of the physical or mental disability of the employee;
(b) Because the employee has announced his/her candidacy for public office;
(c) Because the employee is entering upon a course of training and/ or study for the purpose
of improving the quality of his/her service to the City and! or of fitting himself/herself
for promotion in the classified service;
(d) Because of extraordinary reasons, sufficient in the opinion of the appointing authority,
to warrant such leave of absence.
(e) Maternity/child care leave to enable a parent to care for a newborn, newly adopted, or
seriously ill child, provided, however, that if both parents are employees of the City,
only one parent at a time may take maternity/child care leave.
Page 17.
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Article 7 (continued)
Leave for any of the above reasons shall be subject to the following regulations:
(1) Such leave shall not be granted for more than six (6) months, but may under the
provisions of the paragraphs above, be renewed upon written application therefore
by the employee and approval of the appointing authority.
(2) An employee granted a leave of absence hereunder shall, except as hereinafter
provided, be restored to his/her former position on the expiration of leave, or, if
requested in writing by the employee and approved by the appointing authority,
before the expiration thereof.
(3) In the event that it is determined by the appointing authority that it would not be in
the best interest of the City to restore such employee to his/her former position or
in the event that his/her position has been abolished in the meantime, he/she shall
be placed at the head of the reemployment list for the class or positions nearest
approximating that in which he/she was employed immediately prior to such leave,
provided he/she is physically and mentally qualified for such position. Should the
names of two or more employees returning from leave be placed on the same
reemployment list, the names shall be arranged in order of seniority.
Section 5. Personnel Records
It shall be the right of any member of the bargaining unit, at reasonable times, to inspect
his/her personnel file and, at his/her expense, to make copies of his/her personnel file or
portions thereof. When a personnel record of a member of the bargaining unit is furnished to
any citizen pursuant to a request therefor, the City agrees to abide by current federal and state
law and will not release any portion of the employee's file which is not required to be released
by law.
Section 6. Residency Requirement
Employees hired on or after December 15, 1986, are required to establish and maintain
their bona fide, permanent residence within the geographical boundaries of Pinellas County or
Pasco County. After December 4, 1997, employees or new hires may not move to a residence
beyond the following boundaries outside of Pinellas County: Pasco County north of State
Road 52, and Hillsborough County east of Interstate 275. Employees may request special
permission from the Chief of Police to reside outside the specified areas. Special duty
assignments may require more restrictive residency requirements, based on response time to
duty.
Violation of this provision may be grounds for discipline.
Page 18.
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Article 7 (continued)
Section 7. Tobacco Product Usage
Employees in the bargaining unit hired on or after December 15, 1986, are prohibited
from smoking or chewing any form of tobacco product, both on or off the job, during their
employment with the City.
Section 8.
Seat Belt and Safety Equipment Use
(a) All employees are required to wear seat belts when driving or riding as a passenger in
any City vehicle or in a personal vehicle while on city business, except in cases of
operational necessity or when a city vehicle does not have available seat belts.
Whenever the employee is furnished with City safety gear, he/she shall wear it
whenever he/she is required to wear safety gear on duty.
(b) The City shall provide each bargaining unit member with a bulletproof vest, provided
that the officer so requests; provided, however, that it shall be just cause for disciplinary
action if an officer provided a vest does not wear it where required while on duty.
Bulletproof vests shall be accessible to bargaining unit members for use where required
for use in situations as defined by Departmental policy.
Section 9.
Outside Employment
Outside employment of bargaining unit members shall be subject to provisions of the
City's Civil Service or the Departmental Rules & Regulations governing outside employment,
provided further, however, that police-related outside employment shall be limited to a
maximum of 20 hours per week. During periods of unusual seasonal demand, exceptions to the
20-hour maximum will be considered by the Police Chief, or his/her designee, who shall
approve or deny such requests in his/her sole and unlimited discretion.
Section 10. Productivity
The Union recognizes that productivity is of utmost concern to the City and is critical
to the provision of services to the citizenry in an efficient and cost effective manner. The
Union acknowledges, except as expressly limited by the provisions of this Agreement, that the
City may introduce new methods, processes and equipment, implement new technology, and
establish work measurement standards to determine performance levels; that it may develop
flexible job assignments and shifts; that it may establish innovative programs to improve the
provision of police and related public services or to reduce the cost of providing such services;
and that it may take such other actions as it deems appropriate to improve productivity.
Section 11. Take-Home Cars
The City reserves the exclusive right to determine if and when bargaining unit members
shall be allowed to take city vehicles home and further retains the right to discontinue any
current usage at any tIme.
Page 19.
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1
Article 7 (continued)
Section 12. Police Officers' Bill of Rights
It is understood and agreed that all unit members shall enjoy those protections afforded
under Sections 112.531, 112.532, 112.533 and 112.534, Florida Statutes (1996), commonly
known as the Law Enforcement Officer's Bill of Rights.
ARTICLE 8
PREVAILING RIGHTS
Any right or working condition enjoyed by employees covered by this Agreement as
the result of specific action taken by the City Manager or Chief of Police shall not be changed
in an arbitrary or capricious manner.
ARTICLE 9
EXISTING RULES
Section 1. Any Police Department rule, regulation, policy or procedure in existence
at the time of adoption of this Agreement which is in conflict with any provision of this
Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be
compatible with this Agreement.
Section 2. Employees shall be required to observe and comply with Department
regulations governing their employment as set forth in any Departmental procedures and such
special and general orders and written communications now existing or which may hereafter be
promulgated which are not in conflict with this Agreement.
Section 3. No disciplinary action shall be taken for violation of a newly established
or amended and posted rule or regulation until at least forty-eight (48) hours after initial
postmg.
Section 4. The President of the Clearwater Supervisors Bargaining Unit shall be
forwarded a copy of any written departmental memorandum, rule, regulation, general or
special order, or policy intended for publication to all members of the bargaining unit which is
intended to establish a standard of conduct or performance for members of the bargaining unit.
ARTICLE 10
DUTIES OF POLICE SERGEANTS AND POLICE LIEUTENANTS
Section 1. The Union agrees that the duties of Police Sergeants and Police
Lieutenants involve both the performance of general police duties and the supervision of
designated police personnel. The City agrees that no Police Sergeant or Police Lieutenant shall
be required to perform duties or functions not reasonably consistent with the job specifications
and duties as set forth in their respective job descriptions or reasonably related to the
performance of functions of the Police Department.
Page 20.
I
LETTER OF AGREEMENT
The City and the Union agree that with the implementation of a take
home vehicle policy certain contractual agreements need to be amended,
specifically with regard to Article 10, Section 2.
It is understood that employees are expected to change cruiser tires if the
tire is flat and the cruiser is outside the City limits of Clearwater, or the
members may elect to call a roadside maintenance provider, of their own
choice, such as the American Automobile Association. It is understood
that this will be at the members expense. If the flat tire occurs within
the City limits of Clearwater, then members may utilize the services of
the contract wrecker company at the time of the incident.
It is also understood that this in no way changes the intent of the
contract to not require members to change tires during the scope of their
job duties within the City limits of Clearwater.
Date: March 10, 1999
~
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Richard Harris for
Supervisor's Bargaining
Unit
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Deputy Chief
William Baird for the
City of Clearwater
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LETTER OF AGREEMENT
The City and the Union agree that with the implementation of a take
home vehicle policy certain contractual agreements need to be amended,
specifically with regard to Article 11, Section 2.
It is understood that employees are expected to change cruiser tires if the
tire is flat and the cruiser is outside the City limits of Clearwater, or the
members may elect to call a roadside maintenance provider, of their own
choice, such as the American Automobile Association. It is understood
that this will be at the members expense. If the flat tire occurs within
the City limits of Clearwater, then members may utilize the services of
the contract wrecker company at the time of the incident.
It is also understood that this in no way changes the intent of the
contract to not require members to change tires during the scope of their
job duties within the City limits of Clearwater.
Date:
March 10, 1999
~Ll
Deputy Chief
William Baird for the
City of Clearwater
_~av
Dennis Acker for
Fraternal Order of
Police Lodge 10
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Article 10 (continued)
Section 2. The City agrees that Police Sergeants and Police Lieutenants shall not be
required to change automobile tires except in emergencies; nor shall they be required to
manually push disabled motor vehicles, however, they shall make appropriate efforts to remove
such disabled motor vehicles where the elimination of blocked or congested traffic flow or
related safety needs is such as to reflect that the disabled motor vehicles should be reasonably
relocated from the scene.
ARTICLE 11
SENIORITY
Section 1. Seniority for purpose of vacation accrual shall be defined as the length of
continuous service in full-time City employment and will continue to accrue during all types of
leave of absence with pay and other leaves when specifically provided in this Agreement.
Seniority in rank will be utilized to determine vacation selection and selection of floating
holidays. It shall also be used for bidding for shift assignments, provided that skills and
qualifications are substantially equal and except as provided in Section 2 hereof.
Section 2. Bargaining unit members shall be permitted to bid shift assignments by
seniority in rank but the Department reserves the right, in its sole discretion, to ensure that
officers with specialized skills are appropriately deployed among the shifts and to ensure that
officers with limited tenure in their job classification are distributed relatively evenly among
the shifts. An employee who is placed on light or restricted duty shall have bidding rights for
shift assignments, but has no assurance of the assignment until he/she resumes full duty status.
The Chief of Police may reassign any officer when such reassignment is in the best interest of
the Police Department. Such reassignment shall be with proper justification.
(a) Each year, all Patrol Division Sergeants are permitted to bid by seniority in rank for
assignment to their preferred districts.
(b) The City maintains within each patrol district a shift-rotation system for all assigned
Sergeants. The shifts rotate approximately every four months.
(c) Within each district, Sergeants are assigned to a permanent slot in the shift-rotation
system. For as long as they remain in the district, the Sergeants remain in the same slots
and rotate through the various shifts.
(d) A Sergeant who is assigned to the district from any other district or from another
division fills the vacant slot in the shift-rotation system. If more than one slot is vacant,
the incoming Sergeants bid for those slots by seniority.
(e) With the approval of the Patrol Captain, Sergeants are permitted to trade shifts among
themselves at the beginning of each shift-rotation. However, at the end of each shift
period, each Sergeant returns to his or her permanent slot in the rotation schedule. The
Patrol Captain will not deny requests without cause.
Page 21.
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I
Article 11 (continued)
(f) Sergeants who are in special assignments, such as the Greenwood Neighborhood Patrol,
Condon Gardens Neighborhood Patrol, the Traffic Enforcement Team, and the K-9
Team are not included in the bidding process.
Section 3. An employee shall lose his/her status as an employee and his/her
seniority if the employee:
(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 ten (10) calendar days after being notified to
return by certified mail addressed to his/her last address filed with the Human
Resources Department;
(e) is absent from work, including the failure to return from leave of absence, vacation or
disciplinary action, for three (3) consecutive working days without notifying the
Department, except where the failure to notify and work is due to circumstances
verified as being beyond the control of the employee and which are acceptable to the
City.
Section 4. In the event that the City determines layoffs are necessary, the City agrees
to negotiate with the Union concerning the conditions of such layoffs and recalls.
ARTICLE 12
PROMOTIONAL PROCEDURE
Section 1.
Eligibility
All Police Sergeants shall be eligible to compete in the promotional process held by the
City for the classification of Police Lieutenant provided they have met the minimum
qualification requirements established by the City Manager.
Section 2.
Promotional Exams
The promotional process to establish an eligibility list shall be announced and scheduled
when there is no existing eligibility list or when there are less than five (5) available names on
such list. In either case, the promotional process will be administered within thirty (30) days of
the expiration of the existing eligibility list, when practical.
Page 22.
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Article 12 (continued)
Section 3.
Testing Process
(a) The promotional process shall be competitive. It shall be based upon the education and
training of the candidates as detailed in a written Training and Experience questionnaire
(T & E) and their experience in the Clearwater Police Department.
(b) Prior to development of the T & E, the Union shall be permitted to designate two (2)
Union representatives of any rank to meet with two (2) members of the Human
Resources Department and a representative of the Police Administration Department of
St. Petersburg Junior College for the purpose of providing input into the establishment
of weights to be applied to the job-related factors on the T & E.
(c) The T & E shall be developed by the Human Resources Department of the City of
Clearwater. The completed T & E shall be reviewed by a top official of the Police
Administration Department of St. Petersburg Junior College for the purpose of
providing advisory recommendatiollSto the Human Resources Department.
(d) The test shall be administered by the Human Resources Director or by persons
designated by him/her and at such hours and in such places as in the judgment of the
Human Resources Director will be most consistent with the best interests of the City.
(e) The Union and its members agree that if the steps herein are followed, the testing
procedure, job-related factors, and weights shall not be grievable.
Section 4.
Certification and Appointment
The Human Resources Director shall provide in rank order a certified promotional list
for the filling of a vacancy in a permanent position. The Police Chief shall provide each
certified eligible with the opportunity to be interviewed for the designated vacancy, provided,
however, that if a candidate has been interviewed within the past one hundred and twenty (120)
days for the position of Police Lieutenant, such candidate shall not have to be interviewed. (All
such candidates shall be treated uniformly as to being re-interviewed or not being re-
interviewed.) Selection from the Eligible List shall be at the sole discretion of the Police Chief
and shall not be grievable.
Section 5.
Eligible List
The Promotional Eligible List resulting from the competitive T & E process shall be
established for the term of two years from the date of the establishment of the list.
Names of eligibles for Police Lieutenant shall be removed from the Eligible List by
operation of anyone of the following:
(a) Expiration of the life of the list.
(b) Appointment through certification and selection from such list to fill a permanent
position of Police Lieutenant.
Page 23.
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Article 12 (continued)
(c) Declination of appointment when appointment is offered by the Police Chief.
(d) Separation from the City service of the eligible.
(e) Removal from the employment area designated by the City when such residence was
required as a condition of employment or previous promotion.
(f) Determination by the City that the eligible willfully or knowingly gave false or wrong
information, withheld information, or was evasive in responses relating to his/her
employment background, training, education or character.
Section 6.
Probation
An employee initially appointed or promoted to a class within the bargaining unit
(police Sergeant or Police Lieutenant) shall serve a probationary period of six (6) months of
active service during which he/she shall have the opportunity to demonstrate to the satisfaction
of the Police Chief his/her suitability for the job. In the event the employee is, for any reason,
absent from duty for an accumulated period of fifty-six (56) scheduled work hours or more,
then all such time to the full extent thereof shall be added to and thereby extend the
probationary period. The employee shall attain regular status in the class at the completion of
the six-month period, unless the Department has notified Human Resources with just cause for
withholding such status.
An employee who, during the probationary period, does not demonstrate suitability for
the class, as determined by the Police Chief, shall be notified in writing and shall be demoted to
his/her former classification. An employee serving a probationary period within the
bargaining unit shall not be entitled to appeal his/her non-successful probationary period and
his/her return to his/her former position.
ARTICLE 13
DIRECT ECONOMIC PROVISIONS
Section 1. Holidays
(a) There shall be ten (10) paid holidays. They shall be:
New Year's Day
Martin Luther King Day
Presidents'Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Christmas Day
Employee's Birthday
January 1st
Federal Holiday
Federal Holiday
Federal Holiday
July 4th
Federal Holiday
November 11
4th Thursday in November
December 25th
Pay Period in which Birthday Falls
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Article 13 (continued)
The City shall determine whether an employee will work on holidays and reserves the
right to determine the appropriate level of staffing and the schedule employees will observe on
the holidays.
(b) In the event that one of the above named holidays occurs during the course of an
employee's vacation, then the employee's vacation shall be extended one day.
(c) In the event that one of the above named holidays occurs while an employee is on paid
sick/injury leave, the employee shall receive holiday pay at his/her straight time rate
and shall not be charged sick/injury leave pay for that day. In the event the employee is
on sick/injury leave without pay, or any other form of time off without pay, the
employee shall not be paid for the holiday.
(d) Employees who work on Christmas Day, New Year's Day, Independence Day, and
Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay.
(e) An employee may be required to work all or part of any holiday even though it may be
his/her regularly scheduled day off. When a holiday falls on an employee's regular day
off, 8-hour and 10-hour employees are paid eight (8) hour's holiday pay. (Both types of
employees have worked 40 hours and are paid 48 hours - a full week plus one (1)
holiday.)
(f) In addition to the holidays named above, employees shall be entitled to three (3) floating
holidays. These days may be days off with pay and taken at the employee's request
provided that operations will not be interfered with. Floating holidays shall be awarded
at the end of the first payroll period in January and must be taken by the end of the first
payroll period of the following calendar year. An employee may elect to take one, two,
or all three floating holidays as a cash stipend. In that case, the employee will be paid at
the rate of eight (8) hours for each floating holiday for which the employee makes this
election. Employees will be awarded an additional eight (8) hours of floating holiday
leave in January 1998 to transition to the calendar year.
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:
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Article 13 (continued)
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
2. The vacation year shall be the payroll calendar year.
3. Vacation leave granted in January 1998 is earned during 1997.
4. Hours will begin accrual on a biweekly basis no later than July 1998. Vacation leave
earned will be prorated for the period from January 1998 to the date biweekly accrual
begins and credited to the employee in a lump sum.
B. Use of Vacation Leave
1. All bargaining unit employees are entitled to use at least two (2) weeks of accrued
vacation leave per year. Accrued vacation shall be authorized in any amount provided
it does not adversely affect department operations.
2. The borrowing of vacation time prior to its accrual is prohibited.
3. There is no advancing of vacation pay.
4. Employees may take compensatory time off 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 320 hours.
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Article 13 (continued)
4. Vacation leave balances in excess of 320 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.
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 320 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 13, Section 7, Funeral Leave.
F. Payment of Unused Vacation Leave
1. Payment of unused vacation leave will be paid upon retirement or voluntary
separation of the employee up to a maximum of 320 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 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, response to a lawful order for
which the employee can be disciplined for his/her failure to comply. Recall specifically
excludes court appearances. Any employee recalled while on vacation shall be paid at time and
one-half for all hours worked on the recall assignment.
Section 4. Acting In Higher Position Pay
If an employee is assigned to act in a higher classification for twenty (20) consecutive
work days or more, the employee shall receive five (5) percent above the employee's base pay
retroactive to the date the employee assumed that status.
Page 27.
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Article 13 (continued)
When a bargaining unit employee is designated to serve in an acting capacity as a Police
Captain, such employee shall remain eligible to receive shift differential pay, overtime, and
assignment pay. Any provisions of this Agreement which restrict the City's ability to schedule
hours of work or shifts shall not apply.
Section 5.
Court 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 (3)
hours pay if such attendance is during the employee's regularly scheduled time-off. This
provision shall also apply when the employee is subpoenaed to appear at the State Attorney's
Office, Public Defender's Office, or private attorney's office in a criminal, traffic, or civil case
arising from the employee's course of employment. When an employee is subpoenaed to
Traffic Court during his/her regularly scheduled time off, the employee will receive a
minimum of two (2) hours pay. All time paid for any court attendance will count as time
worked.
The three-hour minimum does not apply if prior to the end of the three-hour period:
(a) The employee reports for duty. Standby pay stops at the time the employee reports for
duty or court.
(b) If the employee is notified to report to court at a future time, the employee receives
standby pay for the three-hour minimum or actual time in excess of three 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.
Section 6.
Physical Examinations and Inoculations
(a) The City and Union agree that the physical fitness of police officers is of importance to
insure the public of quality police service. The City will provide, at no cost to the
employee, free and mandatory annual physical examinations for each employee. The
employee, may submit proof of satisfactory completion of an equivalent physical
examination by a physician of his/her choice. All employees whose physical fitness or
medical status is deemed deficient in some manner as a result of the physical
examination shall be counseled by the Department and shall be encouraged to undertake
a fitness rehabilitation program in an effort to improve their physical fitness and health.
(b) In the event that the Department determines that an officer requires an inoculation or
immunization, then the same immunization or inoculation will be made available to the
members of the employee's household.
(c) Physicals will be administered no less than ten (10) months and no more than eighteen
(18) months apart.
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Article 13 (continued)
(d) The Department will attempt to schedule physicals while the employee is on duty. Any
annual physical fitness exam will also be administered during the employee's on-duty
time. Work schedules of affected employees may be subject to change in order to
accomplish this objective but only if the examinations cannot be scheduled during
normal work hours. It is the employee's responsibility to ensure that they physical is
completed, and no employee shall be paid for time spent taking a physical unless that
time falls within his/her assigned shift.
Section 7. Funeral Leave
(a) Each employee shall be allowed up to four (4) days' funeral leave with no loss of pay
and no charge against sick/injury leave in the event of a death in the "immediate
family. "
(b) Additional funeral leave for a death in the immediate family may be requested in
accordance with current rules and regulations.
(c) Each employee shall be allowed up to two (2) work days at anyone time for a death of a
member of the "close family" chargeable to sick/injury leave. "Close family" shall be
defined as the following family members: stepparents; stepchildren, stepbrothers,
stepsisters; brother's wife; sister's husband. Additional time, chargeable to sick/injury
leave, may be requested in accordance with current rules and regulations.
(d) An employee must attend the funeral in order to receive pay for a death in the family.
Section 8. Uniforms and Plain-Clothes Allowance
(a) Uniforms: The City shall continue to provide the uniforms and equipment currently
provided by the City, except that the City may make changes in styles or update
equipment as it deems appropriate.
(b) Plain-Clothes Allowance: Employees assigned to positions outside the uniform patrol
division where such employee is required to wear a suit or sport coat shall receive a
plain-clothes-allowance of $600.00 each year of the contract. Plain-clothes allowance
shall not be paid to employees on temporary or rotational assignments.
(c) Persons transferred to plain-clothes duty shall be permitted to retain at least one
uniform.
(d) The City may determine the most appropriate way to pay uniform allowance; e.g.,
biweekly, montWy, quarterly, annually. Further, the City may change the manner in
which the allowance is paid provided that employees are given not less than thirty (30)
days' notice of the change and that the change does not reflect a reduction in the annual
amount to be paid.
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Article 13 (continued)
Section 9. Line-of-Duty Injury Pay
The City hereby agrees to pay the following compensation to any employee injured in
the line of duty in accordance with the following definitions, terms, and conditions:
(a) Compensation shall be payable under this Section only with respect to disability as the
result of injury to an employee where such injury is incurred in the line of duty.
(b) An injury shall be deemed to have been incurred in the line of duty if and only if such
injury is compensable under the Florida Worker's Compensation Law.
(c) The amount of compensation paid shall be the amount required to supplement funds
received from the Florida Worker's Compensation Law and any other disability or
other income plan provided by the City, either by law or by agreement, to the point
where the sum of the supplement herein provided and all other payments herein
described equal the employee's regular rate of pay at the time of the injury. Regular rate
of pay for workers' compensation purposes is defined as base pay and any assigned pay
if regularly assigned, but not shift pay.
(d) No compensation under this Section shall be allowed for the first seven (7) calendar days
of disability; provided, however, that if the injury results in disability of more than
twenty-one (21) calendar days, compensation shall be paid from the commencement of
the disability. In such case, the sick/injury leave taken by the employee will be credited
back to the employee's accrued sick/injury leave account. (Changes in workers'
compensation law will modify this paragraph accordingly.)
(e) The term disability as used in this Section means incapacity because of the line-of-duty
injury to earn in the same or any other employment the wages which the employee was
receiving at the time of the injury.
(f) It is the intent of this Section to provide supplemental compensation for line-of-duty
injuries only, and this Section shall not be construed to provide compensation in the
event of death or injury incurred in any manner other than in the line of duty.
Coverage under this Section shall not result in the loss of step increases which the officer
would have received had he/she been on the active status. In the event of any dispute or
disagreement concerning the interpretation of this Section, then the decisions
concerning definition of the terms of this Section issued under the Florida Worker's
Compensation Law shall control.
(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.
(h) Failure to report a line-of-duty injury to the employee's immediate supervisor, or to the
Risk Management Division within twenty-four (24) hours of the time of occurrence of
the injury shall result in a loss of allline-of-duty pay under Article 13 unless such failure
Page 30.
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Article 13 (continued)
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.
(i) Any provisions of this contract to the contrary notwithstanding, should any provision
of this contract be inconsistent with the terms of the Florida Workers' Compensation
Law (Chapter 440, Fla. Statutes), the Florida Rules of Workers' Compensation
Procedure (Fla. R. Work Compo P), Florida Department of Labor and Division of
Workers' Compensation Rule 38 or any other state or federal law or regulation now in
force or hereinafter enacted, then such provision of this contract shall be null and void
and of no legal force or effect.
Section 10. Insurance
(a) The City agrees to meet with the Union and other City of Clearwater Unions'
representatives to review the health and life insurance programs for the purpose of
reducing the cost of such programs for the City and the employees.
(b) The City further agrees to provide the Union with such information as it has available
as would be required to formulate such a benefit package and to cooperate with the
F.G.P. to obtain pertinent information from the present carrier and the insurance
consultant. Until a benefit package is formulated and put into operation, the City
agrees to continue the current benefits of life and health insurance.
Section 11. Work Week and Overtime
(a) Normal Work Week: The normal work week for employees in the bargaining unit
shall consist of forty (40) hours of working time. Generally, the employee will work
five (5) days of approximately eight (8) hours per day, or four (4) days of approximately
ten (10) hours per day; however, the City and Department may otherwise establish and
flex an employee's schedule as necessary in their judgment to best provide police services
in an effective and efficient manner. No employee shall be sent home prior to the end
of his/her regularly scheduled shift for the purpose of denying overtime pay; nor shall
any employee have his/her work schedule altered in an arbitrary or capricious manner.
(b) Overtime: Employees shall be required to work overtime when scheduled or ordered
by competent authority. Employees shall be paid time and one-half their regular rate
for all hours worked after the employee has actually worked forty (40) hours in that
work week. Only hours actually worked will count as hours worked for the purpose of
computing overtime pay, unless otherwise specifically provided in this Agreement.
Compensatory time, in lieu of overtime payment, shall be allowed up to a maximum
amount, at any time, of eighty (80) hours as provided in Section 13.
Section 12. Performance Review
The City shall provide wages in accordance with Appendix A.
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Article 13 (continued)
(a) Rules for Administering the Pay Schedule
Employees in the bargaining unit shall be eligible for performance review on their
promotional anniversary date on an annual basis and considered for subsequent merit
step advancement based on satisfactory evaluations, except as provided elsewhere in the
provisions of this Section. Employees in the top step in their respective range shall not
be eligible for merit increases; however, an annual performance evaluation shall be
conducted on the employee's promotional anniversary date.
(b) Responsibility for Performance Evaluations
Performance evaluations shall be based on a review of the employee's job performance
and adherence to departmental rules, regulations and procedures. Performance
evaluations will be by the employee's immediate supervisor and reviewed by Police
Department senior management personnel and the office of the Police Chief.
(c) Denial of Merit Step Advancement and Effect Upon Advancement
Employees who receive an evaluation on their promotional anniversary date of less than
Satisfactory shall not be granted a merit step advancement on their promotional
anniversary date. Such employees may be reevaluated after three months and, if then
rated satisfactory, shall be granted a merit step advancement on that date. The effective
date of this increase shall be utilized for the purpose of determining subsequent annual
merit review dates. If the three-month follow-up rating is still less than satisfactory, the
employee shall be reevaluated in another three months. If then rated satisfactory, the
employee shall be provided a merit step advancement as of the second three-month
follow-up review. The effective date of this increase shall be utilized in the future as
their promotional anniversary date for the purpose of determining subsequent annual
merit review dates. If still rated less than satisfactory, no merit step advancement shall
be made; and the employee will be evaluated on his/her regular promotional
anniversary date.
Section 13. Compensatory Time 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 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 employee's immediate supervisor. Compensatory hours off shall be considered as
hours worked in computing overtime under this Article.
Section 14. Shift Differential
Employees shall be entitled to shift differential pay as set forth in this Section.
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Article 13 (continued)
(a) For purposes of computing shift differential pay the following shift series and payments
are established:
Shift Series No.
100
200
300
Hours
2400-0700
0700-1600
1600-2400
Payment Per 14 Day Per
7%
0%
5%
The payments shall be computed as a percentage of the employee'sbase pay.
(b) An employee's shift differential shall be determined by the shift series into which the
majority of the weekly hours of his/her regularly assigned shift for the scheduled shift
cycle falls and without regard to the starting or ending time of the employee's shift.
Temporary shift or duty assignments of less than fourteen (14) calendar days shall not
entitle an employee to shift differential pay.
(c) Shift differential pay shall be paid to any employee regularly assigned to a Series 100 or
300 shift and shall not be prorated on account of vacation, holidays or other paid time
off.
Section 15. Funeral Detail
(a) The Department shall permit one employee of this unit to be part of a funeral detail and
permit this detail to attend the funerals of any law enforcement officer, within the State
of Florida, who loses his/her life in the line of duty.
(b) The City will supply the funeral detail with a marked cruiser for the purpose of
attending funerals as provided in (a) above.
(c) The City shall not be responsible for the payment of expenses of this detail such as gas,
oil, lodging, and meals.
(d) In the event the bargaining unit member who serves as the F.O.P. funeral detail is on-
duty at the time of the funeral, he/she shall be released without loss of pay, provided,
however, that such member shall not be eligible during such time off for workers'
compensation benefits in case of injury.
(e) This provision shall not be subject to any grievance procedure.
Section 16. Legal Protection
The City agrees to defend any member of this bargaining unit who is sued for damages
as a result of actions taken in the scope of his/her employment with the City. The employee
agrees to cooperate with the City in providing this defense.
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Article 13 (continued)
Section 17. Copies of Municipal Code
The City agrees to request the Municipal Code Corporation to supply the City with
copies of those portions of the City Code of Ordinances relating to penal offenses; and the City
agrees to distribute same to employees.
Section 18. Standby Pay
(a) Standby, other than court standby, for the purpose of this Section, shall occur when the
Police Chief, or his/her designee, places an employee on standby status and requires that
the employee provides a telephone number at which he/she can be reached for the
purposes of a Telephone Alert situation.
(b) An employee assigned to standby will receive a flat fee of:
$ 8.00 per night, Monday through Thursday.
$40.00 per weekend (Friday evening to Monday morning).
(c) Only the Police Chief or his/her designee may place an employee on standby. This
Section will only apply to Telephone Alert situations.
Section 19. Special Duty Call Out
(a) All employees who are covered by this Agreement shall receive notice of any special
duty detail, not less than five (5) working days prior to that event.
(b) This Section shall not pertain 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. As much notice as possible will be given when
adjustments are necessary, but it is understood that hours must be flexible.
Section 20. Canine Assignment
(a) Employees covered by this Agreement who are assigned as canine officers shall normally
work for seven hours and fifteen minutes for five (5) days per week on regular duty with
or without their canine(s). On those regular work days, they shall also be credited with
forty-five minutes work time for time in the care and handling of their canine(s). This
time shall be the customary and average amount of time spent by a canine officer on a
duty day. On the officers' days off from regular duty, they shall be credited with 30
minutes of work time for time in the care and handling of their canine(s). Such time
shall be based on their regular rate of pay and shall be paid at straight time or an
overtime rate depending upon total hours worked during the week. It is recognized that
on off-duty days the officer's responsibilities for care and maintenance are reduced.
Page 34.
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Article 13 (continued)
(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
. . . .
mamtenance 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 monthly allowance of $70.00 shall be provided for each dog for supplemental food,
medical grooming, pest control, and related needs associated with care of the canine.
Section 21. Tuition Refund Program
Members of the bargaining unit shall be entitled to reimbursement for tuition fees for
approved courses in accordance with the City's Tuition Refund Program up to an amount of
$1000.00 per fiscal year, subject to meeting the approval and eligibility requirements of the
City's program. Employees in the bargaining unit must execute an Agreement to repay to the
City any amount of Tuition Refund exceeding $650.00 reimbursed in a fiscal year period
should such employee separate from the City within two (2) years of receipt of reimbursement.
In the event that an employee separates from the City by retirement and opts to receive an
extended sick/injury leave benefit, separation for the purpose of repayment of tuition refunds
shall date from the employee's last actual work day and not the effective date of retirement.
Section 22. Job Assignment Pay
Sergeants and Lieutenants assigned to the Criminal Investigations Division, Office of
Professional Standards, Support Services Division and the Field Training and Evaluation
Program shall be granted job assignment pay at 5% over base pay.
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Article 13 (continued)
Section 23. Light Duty Assignment
(a) In the event an employee in the bargaining unit is unable to work at fulhime duty, but
is certified by a licensed physician to work light or limited duty, and subject to the
availability of light or limited duty, the City may assign such employee to an
appropriate work assignment within the City of Clearwater work force. However,
assignments in any Department other than the Police Department shall occur only in
the event there are no available positions within the Police Department which the
officer would be capable of performing. Assignments outside the Police Department
shall be limited to only those positions which the officer is capable of performing, or
would be capable of performing with a reasonable amount of on-the-job training and
effort, based on the officer's physical ability, suitability to the work to be performed,
and skills required to perform the work.
(b) The City shall have the right to direct an employee to a licensed physician of its choice
to determine if the employee is fit to work light or limited duty.
(c) Failure of the employee to work light or limited duty when assigned may be grounds
for disciplinary action.
ARTICLE 14
BULLETIN BOARDS, RULES AND REGULATIONS,
MEMOS AND COPYING OF AGREEMENT
Section 1. The City agrees to provide space (not less than 24 inches by 24 inches) on
a bulletin board located at Police Headquarters and all designated substations for the posting of
Union notices and official Union information; provided that the Police Chief or his/her
designee shall first review and agree to any such posting, and indicate his/her approval by
initials or stamp, and provided that no other City bulletin board or blackboard may be used by
the Union or any member of the bargaining unit for any purpose not approved by the Chief;
provided further that such approval shall not be unreasonably withheld. The Union is
expressly prohibited from posting any information relating to political candidates or political
office.
Section 2.
Rules & Regulations - Memorandums
(a) The designated representative of the Union shall have a copy distributed to his/her mail
box of any written departmental memorandum, rule, regulation, order or policy,
intended for publication to all members of the bargaining unit, which is intended to
establish a standard of conduct for members of the bargaining unit.
(b) The designated representative of the Union shall be forwarded a copy of the agenda
from the City Clerk's office of any regular City Commission meeting in the same
manner that the Chief of Police is forwarded a copy.
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Article 14 (continued)
Section 3.
Copying of Agreement
The City and the Union each agree to pay one-half of a reasonable cost for printing
copies of this Agreement. Every bargaining unit member will be provided a copy of the
Agreement. The Union shall be responsible for providing copies to its members. The Union
may request that such provision of copies be accomplished by the City during new employee
orientation classes.
Section 4.
Use of Copying Equipment
The City agrees to allow the Union's officers to use the departmental copymg
equipment while off duty under the following conditions:
(a) The Chief or his/her designee shall approve the copying of any matter which shall be
limited to departmental records which the Chief will not allow the Union to remove
from the Department and copy using its own equipment.
(b) The Union will be charged and will remit 6 cents per copy or such other rate as may
hereafter be established by the City as the rate charged all employees.
(c) Department business will of course take priority and the Union will only be allowed to
make copies when the Department is not otherwise using the copier.
ARTICLE 15
AMENDMENTS
This Agreement may be amended at any time by the mutual consent of the parties, but
no such attempted amendment shall be of any force or effect until placed in writing and
executed by each party hereof.
ARTICLE 16
SEVERABILITY AND WAIVER
Section 1. Each and every clause of this Agreement shall be deemed separable from
each and every other clause of this Agreement to the end that in the event that any clause or
clauses shall be finally determined to be in violation of any law, then and in that event, such
clause or clauses only, to the extent only that any may be so in violation, shall be deemed of no
force and effect and unenforceable without impairing the validity and enforceability of the rest
of the contract including any and all provisions in the remainder of any clause, sentence or
paragraph in which the offending language may appear.
Section 2. The exercise or the non-exercise of the rights covered by this Agreement
by the City or its employees or agents or the Union shall not be deemed to waive any such
right or the right to exercise them in the future.
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ARTICLE 17
DISCIPLINE and PERFORMANCE
Section 1. No employee who has successfully completed his/her probation period as
a Police Sergeant or Police Lieutenant shall be demoted, suspended or dismissed without just
cause.
Section 2. The City, the Union or the employee may use any work history material
as evidence to support or oppose a suspension or dismissal.
Section 3. Prior to a written reprimand being placed in an employee's file, the
employee will have the right to confer with the Police Chief or his/her designee regarding the
proposed reprimand. An employee will be entitled to formulate a written response to a Letter
of Reprimand he/she receives and that response will be included in the employee's personnel
file, provided, however, that any such response shall be limited to the issues within the
Reprimand and must be submitted to the Police Chief within seven (7) working days of the
employee's receipt of the Reprimand.
Section 4. The City may modify the system of discipline or performance after a
good faith effort to solicit input from the Union. All discipline will be for just cause and
consistent with due process. Employees have the right to Union representation at any time
they believe a meeting may lead to disciplinary action. City and Police Department
standards will be in writing. The Union will have the opportunity to bargain the impact of
standards or the system as it is developed. If a consensus is not reached between the City and
the Union, the City maintains the right to change the standards or the system of discipline or
performance. The Union's refusal to participate in meetings or to provide input does not
alter the City's right to change the processes.
The Police Department and the Union will contInue the practIce of Labor
Management meetings to resolve these types of issues.
The City acknowledges the right of the employee or Union to grieve the application
of the process or the application of any individual standards.
ARTICLE 18
SUBSTANCE ABUSE AND TESTING
Section 1. Any employee in this bargaining unit will be subject to an alcohol breath
test administered by a state certified operator and to a urine or blood test accomplished by an
accredited testing laboratory if there is reasonable suspicion based upon observed actions or
appearances on the part of the employee's immediate supervisor and the Police Chief, or
his/her designee, that the employee is under the influence of alcohol, drugs or controlled
substances while on duty. Any employee subjected to such test shall be removed from duty
pending the result of such test and such employee shall continue to receive his/her regular pay
and benefits pending test results.
Page 38.
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Article 18 (continued)
Section 2. When an employee tests positive (i.e., a drug or drugs is/are detected), a
second test, the Gas Chromatography/Mass Spectrometry, will be run on the sample originally
taken. If the second test does not detect the presence of a drug or drugs, the second test shall
prevail. When a urine or blood specimen for testing is obtained from an employee by an
independent medical facility selected by the City, a sufficient quantity of the specimen shall be
obtained for testing by the contract laboratory and laboratory designated by the Union or the
employee. The sample shall be transmitted to the contract laboratory and to the laboratory
designated by the Union or employee as soon as possible by the independent medical facility.
These tests shall be made as soon as possible by the laboratories. The Union or employee shall
bear the cost of its separate test.
Section 3. A final test result indicating the employee is under the influence of
alcohol, or indicating the use of illegal drugs or controlled substances (when taken without a
prescription issued to the employee or without being under the care of a physician or being
taken other than in complete conformance to the prescription), while on duty, will result in
disciplinary action and such action will be considered as just cause.
Section 4. In the event that an employee, within sixty (60) days from ratificatxm of
this Agreement, requests assistance from the City for drug abuse prior to an incident wherein
reasonable suspicion results, no disciplinary action shall be taken against the employee. The
employee shall be required to take remedial action. Successful completion of the rehabilitation
program shall result in no disciplinary action against the employee. This applies to the first
offense only. Employees may use sick/injury leave in accordance with provisions of Article 7
of this Agreement for absence from duties for inpatient admission and treatment for drug
dependence.
During the term of this Agreement but before an employee is involved in an incident
deemed related to alcohol abuse, an employee may request assistance from the City for alcohol
abuse. This employee will:
(a) be referred to the City's Employee Assistance Program.
(b) be required to take remedial action. Successful completion of. the rehabilitation
program shall result in no disciplinary actions against the employee.
(c) be allowed to use sick/injury leave in accordance with Article 7 of this Agreement for
absence from duties for inpatient admission and treatment for alcohol dependence.
The terms of this paragraph shall not apply to an employee who has been directed to
take a test to determine whether the employee is under the influence of alcohol, drugs or
controlled substances while on duty.
Section 5. When an employee uses a controlled substance, which has been prescribed
or administered by a physician, which may affect his/her performance of job duties, the
Page 39.
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Article 18 (continued)
employee has an absolute obligation to inform his/her supervisor immediately upon reporting
for duty. The supervisor shall determine whether the employee shall be assigned or not. If the
employee is not assigned, he/she shall be sent home on sick/injury leave in accordance with
Article 7 of this Agreement.
Section 6. A bargaining unit member has an absolute obligation to report to his/her
supervisor any employee, in this bargaining unit or otherwise, who is under the influence of
alcohol, drugs or controlled substances while on duty and must thereafter cooperate in the
investigation and any related disciplinary proceedings. Any employee who fails to do so shall
be subject to disciplinary action. An anonymous "tip" shall not discharge a bargaining unit
member's obligation hereunder nor shall it be the sole basis for the imposition of testing under
this Article. A bargaining unit employee who maliciously files a false report that another
employee is under the influence of alcohol, drugs or controlled substances while on duty shall
be subject to disciplinary action.
Section 7. No bargaining unit employee may use or unlawfully sell or distribute
illegal drugs at any time, on or off duty, and shall be subject to immediate termination for
doing so.
Section 8. Records of drug/alcohol testing of bargaining unit members maintained
by the City will not be filed in the official personnel file of the employee in the City's Human
Resources Department.
Section 9.
Drug Testing Upon Designated Assignments
(a) Bargaining unit members shall, when assigned to the Vice & Intelligence Unit, have a
drug test administered. Additionally, such bargaining unit members shall have an
annual drug screening as part of their annual physical. When an employee tests positive
on the screening test, the sample shall be submitted for a confirmation test.
(1) The drug screening will be performed utilizing urine samples unless the employee, at
his/her option, requests a blood test in lieu of a urine test.
(2) Urine and blood samples shall be drawn or collected at a City-designated facility.
(3) All testing shall be done by a laboratory certified by NIDA.
(4) The following standards shall be used to determine what levels of detected substances
shall be considered as positive.
Page 40.
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Article 18 (continued)
Drug
Screening Test
Confirmation
Amphetamines
Immuno Assay
Gas Chromatography/
Mass Spectrometry
1,000 ng/ml Amphetamine
Methamphetamine
Marijuana Metabolites
100 ng/ml Delte-THC
500 ng/ ml GC-MS
500 ng/ ml GC-MS
1 15 ng/ ml GC-MS
2150 ng/ml GC-MS
Cocaine Metabolites
300 ng/ ml Metabolite
3300 ng/ ml Morphine
Opiate Metabolites
PCP
25 ng/ ml PCP
300 ng/ml GC-MS
25 ng/ ml GC-MS
1 Delta-9-tetrahydrocannabinol-9-carboxylicacid
2 Benzoylecgonine
3 25 ng/ ml if immunoassay specific for free morphine
IntoxilizerTest For Alcohol
Alcohol .08%
Levels which are below those set above shall be determined as negative indications.
(b) Assignment to Vice & Intelligence or removal from same shall be at the sole discretion
of the Police Chief, regardless of the drug screening/ confirmation findings.
(c) In the event that a Vice & Intelligence officer was required, as a course of his/her
employment to imbibe in alcoholic beverages or ingest secondhand marijuana, hashish,
crack, cocaine smoke, or smoke from any other controlled substance, within 48 hours of
a scheduled drug screening test, the test shall be postponed for one week. The officer
shall be responsible for advising his/her supervisor of the occurrence of such an incident
as soon as practical.
ARTICLE 19
REVIEW BOARDS
The City will continue its current practice of allowing the affected employee to give a
brief oral statement to an accident review board.
Page 41.
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ARTICLE 20
TRAINING
In addition to the training required by the State for certification or recertification,
schools, training and career development courses which the Department determines will be
made available to all bargaining unit members. Officers who desire to attend will complete the
departmental training request form and submit it to their supervisor.
The Department will select officers for attendance based on the needs of the
Department.
ARTICLE 21
PENSION/SOCIAL SECURITY
Section 1. Employees shall participate in either the City Pension Plan or the Federal
Social Security program as established by provisions of those programs. Should the City
subsequently establish an alternate plan to the existing City Pension Plan which is made
available to City employees in the City Pension Plan, bargaining unit members may elect to
convert to the alternate plan consistent with the provisions of the conversion procedure.
Section 2.
Retirement Advancement
(a) The City and the Union agree that prior to retiring an employee may use his/her
vacation leave balance at 100% value and sick leave balance at 50% value to advance the
employee's date of retirement.
(b) 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.
(c) 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 22
CONTRACT CONSTITUTES ENTIRE AGREEMENT
OF THE PARTIES
The parties acknowledge and agree that during the negotiations whi:h 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
Page 42.
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APPENDIX A
WAGES
A. Fiscal Year 1998
Annual wages for Lieutenants and Sergeants shall be 3 percent above current base pay in
effect for FY 1997, effective the first pay period following the Union's ratification date
of the contract.
B. Fiscal Year 1999
Effective the first pay period in October 1998, wages for Lieutenants and Sergeants shall
be 2 percent above current base pay.
Effective the first pay period in April 1999 , annual wages for Lieutenants and Sergeants
shall be 2 percent above current base pay.
c. Fiscal Year 2000
Effective the first pay period in October 1999, annual wages for Lieutenants and
Sergeants shall be 2 percent above current base pay.
Effective the first pay period in April 2000, annual wages for Lieutenants and Sergeants
shall be 2 percent above current base pay.
Police Lieutenants and Police Sergeants shall be eligible for advancement to a 2-1/2%
longevity step after serving two (2) years in preceding step.
Page 44.
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Article 22 (continued)
collectively with respect to any matter or subject not specifically referred to or covered by this
Agreement, whether or not such matters have been discussed, even. though such subjects or
matters may not have been within the knowledge or contemplation of either or both parties at
the time they negotiated or signed this Agreement. This Agreement contains the entire
contract, understanding, undertaking and agreement of collective bargaining for and during its
term, except as may be otherwise specifically provided herein.
ARTICLE 23
DURATION, MODIFICATION AND TERMINATION
This Agreement shall be effective as of the 4th day of December, 1997, and shall continue
in full force and effect until the 30th day of September, 2,000. 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 ciI ,,(u:- day of December, 1997.
ArrEST:
CITY OF CLEAR WATER, FLORIDA
..~-!~~~yJ~ ----
~lldeau; City Clerk tf ' Michiel J. Roberto, City Manager
Countersigned:
WITNESSES:
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
(Supervisors Bargaining Unit)
~ti,J/~~
/s/~~ ~~
BYCA
Duane Smith, President
Clearwater Supervisors Bargaining Unit
Page 43.