AGREEMENT FOR 1997-98 AND 1998-1999
AGREEMENT
between
CITY OF CLEARWATER
and
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL..CIO
Local 1158
FISCAL YEARS
1997-98
1998-99
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j
II
Preamble
ARTICLE 1
ARTICLE 2
ARTICLE 3
Section 1
Section 2
ARTICLE 4
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
Section 1
Section 2
Section 3
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
Section 1
Section 2
Section 3
Section 4
Section 5
TABLE OF CONTENTS
Pa~e No.
................................................................................................................. 1
Recognition ............... ................... ....... ............ ................ ........... ............. 1
Representatives of Parties ........ .......... ............ ............ ...... ...... .................. 1
City's Management Rights .......................... .............. ...... ........................ 2
Management Rights................................................................................. 2
Emergency Conditions ..... ............... ................ .............. .......... ..... ........... 2
Grievance Procedure ........... .................. ................ .... ...... ... ........ .......... ...2
Definition................................................................................................ 2
Filing.................. ............. ........................................................................ 2
Arbitration.................... .......................................................................... 3
Grievance by the City............................................................................. 4
T. L" E .
lme lmlt xceptlons............ ........................... ...................... ....... ........ 4
Employee Filed Grievances ......... ........ ........................ ............................4
Labor-Management Committee............................................................... 4
Performance and Discipline. ................ ........... .................. .......... ...... .......5
No Strike............ ..................................................................................... 5
Stewards ........ ............... ........... ................. ....... ............ ....... ............ ......... 5
Shift Stewards.......................................................................................... 5
Access on Duty...... ........ ................................................ ..... .............. .... ... 5
LA.F.F. Pins............................................................................................ 6
Checkoff (Union Dues) . ...... .............. .................... ................ .................. 6
Posting of Agreement .............. ..................... ..................... ...................... 6
Bulletin Boards .......... ............................. ..................... ...... ......................7
No Discrimination ........ .......... ..................... ...... ....................... ..............7
Holidays .................. ........................ ....... ....................... ....... ...................7
Observed Holidays.. .............. ................. ...... ......... ......... ................ ......... 7
Floating Holidays......... ......... ......... ............. .............. ....... ......... ...... ........7
Selection of Floating Holidays & Sick Leave Incentive........................... 8
Payment for Floating Holidays ............................................................... 8
Conversion to Personal Leave Time ....................................................... 8
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ARTICLE 14
A
B
C
D
E
F
ARTICLE 15
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7.
Section 8
Section 9
Section 10
ARTICLE 20
ARTICLE 21
ARTICLE 22
Section 1
Section 2
Section 3
Section 4
Section 5
TABLE OF CONTENTS
Page No.
Vacations ....... .................... ................... ............. ...................................... 9
Accrual of Vacations.......... ....... ..... ..... ............. ............. ....... ....................9
Use of Vacation .... ....... ............. ................. ...... ................. ............. ........ 10
Accrual During Military Leave ............................................................. 11
Conversion to Other Leave................................................................... 11
Payment for Unused Vacation.............................................................. 11
Vacation Banking ............ .................... ................ ........... ....................... 11
Wages and Compensation ..................................................................... 11
Pay Schedule.......................................................................................... 11
Step Increases......................................................................................... 11
Merit Step Review................ ............... ..... .................. ........................... 12
Rates of Pay................ ........................................................................... 12
Laundry Stipend................................................................... ,................. 13
Mileage Reimbursement ........................................................................ 13
Clothing and Equipment ............................................................... ........ 13
Insurance............................................................................................... 14
Training and Tuition Refund ................................................................ 15
Personnel Practices .......... ................... ... ................... .................... ..... .... 15
Pay Plan................................................................................................. 15
Promotional Examinations.................................................................... 17
Promotional Lists ............. .................. ..... .......... ................ .................... 20
Appointments........................................................................................ 20
Probation............................................................................................... 20
Sick Leave.............................................................................................. 21
Funeral Leave........................................................................................ 25
Absent Without Leave............................ .................. ........ ........ ............. 26
Time Off From Duty............... ............ .......... ........... ...... ...................... 26
Right To Contribute Work......... ............................ ......... .......... ..... ...... 27
Retirement Advancement ............ ......... ........... .............. ..... .... ........... .... 27
Light Duty............ ............ ................................... ............. ..................... 27
Line-of-Duty Injury Pay... ....................... ............ ............. ..................... 28
Line-of-Duty Injury Pay..... ...... .... .......... ....... ................ ........................ 28
Conflict with Workers Compensation.................................................. 29
Line-of-Duty- Death ............ ......... ......... ................................... ........ ..... 29
Right to Request a Physical...............................c...,............................... 29
Failure to Report Injury ............................................,............'............... 29
ARTICLE 23
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
ARTICLE 24
Section 1
Section 2
Section 3
Section 4
Section 5
ARTICLE 25
Section 1
Section 2
Section 3
Section 4
Section 5
ARTICLE 26
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
ARTICLE 27
Section 1
Section 2
Section 3
Section 4
Section 5
ARTICLE 28
Section 1
Section 2
TABLE OF CONTENTS
Page No.
EMS Classifications ..... ....................... ......... ............ ...... ............ ............ 30
Classifications Defined ................. .......... ........ ................. ............... ....... 30
Loss of EMS Services.. ............... ..................... ...... ............. ............. ....... 30
Wages. .............. ............. ..................... ....... .............. ............. ............. .... 30
Promotion and Demotion from EMS Classes ....................................... 30
Professional Status .................... .......................... .................. ................. 31
Imposed Changes................................................................................... 31
Temporary Reassignment ................... ......... ................................... ....... 31
Firefighter/Driver-Operator ................. ................................ ..... ........... 31
Classification......................................................................................... 31
Seniority................................................................................................ 31
Appointments........................................................................................ 31
Pay......................................................................................................... 32
Amend Personnel Practices .......... ......... ............... ............. .................... 32
Work Schedule ......... ................................... ....... ............ .......... ............. 32
Shift and Inspection Schedules..................... ................... ............ ........... 32
Work Schedule Adjustments ........ ...... ......... .............. ..... ................ ....... 32
Scheduling Overtime ............ .......... ...... ....... ....... ......... ......... .......... ....... 32
Exchange of Duty Time (Swaps) ...........................................................32
Overtime, Court Time ........................................................................ '33
Work Rules and Prevailing Rights ........................................................ 34
Definition.............................................................................................. 34
Conflicts with Rules and Regulations ...................................................34
Notification of Changes ........ ......... ........... ............ ....... ........ ................. 34
Existing Rights...................................................................................... 34
Subcontracting..................................................... .'................................. 34
Indemnification..................................................................................... 34
Sports Activities On Duty .....................................................................34
Lawn Maintenance.. ....................... ...... .............. ................................... 34
Seniority and Layoffs.................. .... ........................ ....................... ........ 35
Seniority Defined..... .................... ......................... ......... ............ ........... 35
Layoffs ....... ........ ....... ...................... ................................. ........... ...... ..... 36
Reduction in Rank ...... ......... .... .................... .............. ........................... 37
Reemployment Rights.............. ................... ....... ......... ..... .............. ....... 37
3D-Day Notification..... ........ ..... ...... ................ .......... ............. ................ 37
Physical Examination. ............................ ..... ........... ....... ........................ 37
Frequency of Physicals ............................ ............... ............................... 37
Types of Exams. ................................... ...................................... ..... ...... 37
ARTICLE 28
Section 3
Section 4
ARTICLE 29
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
ARTICLE 30
ARTICLE 31
ARTICLE 32
ARTICVLE 33
APPENDIX A
TABLE OF CONTENTS
Page No.
Physical Examination (continued)
Immunization and Inoculations .......;...... ..... ...... ............ .......... ............. 38
Physical fitness ... ............... ........ ............... ........ ............... ...................... 38
Substance Use and Testing .................................................................... 38
Policy Statement.................................................................................... 38
Training in Program........................... .............. .............. ....................... 38
Reasonable Suspicion............................................................................. 38
Determination of Testing ................... ...... ......... ........ ...... ............. ......... 39
Blood and Alcohol Test Procedure ....................................................... 40
Voluntary Assistance ................................. .......... ......................... .........41
Over-the-Counter and Prescription Drugs ............................................ 42
Amendments .......... ~....................... .. ..................... ..... ............. ..... ..... . ... 42
Severability and Waiver................ ................................................ ......... 42
Contract Constitutes Entire Agreement of the Parties.......................... 42
Duration, Modification and Termination .............................................43
Wages ......... ................................. ................... ................ ............. ...... .... 44
PREAMBLE
This Agreement is entered into by the City of Clearwater, Florida, hereinafter referred to
as the "City," and Local 1158 of the International Association of Fire Fighters, AFL-CIO,
hereinafter referred to as the "Union," for the purpose of promoting harmonious relations
between the City and the Union. It has been negotiated to establish an orderly and peaceful
procedure to settle differences which might arise, and to set forth the basic and full agreement
between the parties concerning wages, rates of pay, and all other terms and conditions of
employment.
ARTICLE 1
RECOGNITION
Section 1.
Exclusive Bargaining Agent
The City recognizes the Union as the exclusive bargaining representative in accordance
with Chapter 447, Florida Statutes, as amended, effective January 1, 1975, for the following
agreed upon bargaining unit:
All persons in the classifications designated Firefighter, Firefighter/Driver-Operator,
Firefighter/Paramedic, Fire Lieutenant Rescue/Paramedic, Firefighter/LeadMedic, Fire
Lieutenant, and Fire Prevention Inspector shall be in the bargaining unit. All others shall be
excluded.
Section 2. New Classifications
Should the City establish new job classifications within the Fire Department which may
be in the bargaining unit, the City shall, not less than 30 days prior to staffing such classification,
provide notice to the Union of the establishment of such classification, and, if requested, bargain
with the Union concerning wage rates and hours of employment for such classification.
ARTICLE 2
REPRESENTATIVES OF PARTIES
Section 1. The City agrees that during the term of this Agreement it will deal only
with the authorized representatives of the Union in matters requiring mutual consent or other
official action called for by this Agreement. Authorized representatives shall be defined as
elected Officers of the Union and duly elected or appointed stewards, provided that notification
has been provided in writing to the Office of the Fire Chief within 72 hours of any change in
elected Officers or appointed stewards. The Union agrees to notify the City of the name of such
authorized representatives as of the execution of this Agreement and replacement therefor during
the term of tliis Agreement.
Section 2. The Union likewise agrees that during the term of this Agreement the
Union and the employees covered hereunder shall deal only with the City Manager or his/her
representative in matters requiring mutual consent or other official action and specifically the
Union agrees that neither the Union nor the employees hereunder shall seek to involye the
City's elected officials in the administration of this Agreement or otherwise in the operation of
the City's Fire Department; provided that nothing contained herein shall restrict an employee's
opportunity to present non-employment related matters to such elected officials.
Page 1.
, ARTICLE 3
CITY'S MANAGEMENT RIGHTS
Section 1.
Mana~ementRi~hts
Except as expressly limited by any provision of this Agreement, the City reserves and
retains exclusively all of its normal and inherent rights with respect to the management of its
operations, whether exercised or not, including, but not limited to, its rights to determine, and
from time to time redetermine, the number, location and type of its various operations,
functions and services; the methods, procedures and policies to be employed; to discontinue the
conduct of any operations, functions or services, in whole or in part; to transfer its operations,
functions or services from or to, either in whole or in part, any of its departments or other
divisions; to select and direct the working force in accordance with requirements determined by
the City, to create, modify or discontinue job classifications; to estaolish and change working
rules and regulations; to establish and change work schedules and assignments; to transfer,
promote or demote employees; to layoff, furlough, terminate or otherwise relieve employees
from work for lack of work, lack of funds, or other legitimate reason; to suspend, discnarge or
otherwise discipline employees for proper cause; to alter or vary past practices and otherwise to
take such measures as the City may determine to be necessary to the orderly and efficient
operation of its various operations, functions and! or services.
Section 2.
Emer~ency Conditions
If in the sole discretion of the City Manager or Mayor it is determined that civil
emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane
conditions, or similar catastrophes or disorders, the provisions of this Agreement may be
suspended by the City Manager or Mayor during the term of the declared emergency provided
that wage rates and other direct monetary payments shall not be suspended.
ARTICLE 4
GRIEVANCE PROCEDURE
Section 1. A grievance shall be defined as any difference, dispute or complaint
regarding the interpretation or application of the terms of this Agreement, including Civil
Service Rules and Regulations, except as exclusions are noted in other articles of this Agreement.
The grieving party must state in wnting the remedy sought to resolve the grievance.
Section 2. All grievances filed shall refer to the specific Article and section of this
Agreement or Civil Service Rules and Regulations, upon which the grievance is based and shall
contain a concise written statement of tlie facts alleged to support the grievance and shall be
signed by the grievant. No grievance form may be amended from the original written grievance
at the initial step of the Grievance Procedure. Grievances shall be processed in accordance with
the following procedure and shall be determined by application of the terms of this Agreement,
the laws of tlie United States, the State of Florida, and the Charter and Ordinances of the City of
Clearwater. Newly hired rrobationary employees shall not have access to the Grievance
Procedure for any matter 0 discipline (including discharge). Any grievance by a permanent
employee relating to suspension or dismissal shall be initiated at Step 2.
Page 2.
A grievant is prohibited by law from filing an appeal with the Civil Service Board once a
grievance is filed. This shall specifically include grievances relating to suspensions, demotions,
and dismissals.
Grievances may be filed and processed by the Union except grievances of discipline that
must be initiated by the disciplined employee.
As used in this Article, the term "employee" may also mean a group of employees having
the same grievance. In such event, one employee shall be designated by the group of employees
to act as a spokesperson and shall be responsible for processing the grievance. All employees in
the group shall be identified, however, only the spokesperson needs to sign the grievance.
STEP 1
The aggrieved employee shall present his/her grievance in writing to his/her District
Chief or Fire Marshal within 12 calendar days after the employee has knowledge or constructive
knowledge of the occurrence of the action giving rise to the grievance. Discussions will be
informal for the purpose of settling differences in the simplest and most direct manner. The
District Chief or Fire Marshal shall review the grievance ana submit a decision in writing to the
aggrieved employee within 12 calendar days from the date the grievance was presented to him.
Where the District Chief or Fire Marshal determines that he/she is unable to respond due to
circumstances of the grievance which may require a decision at a higher level, he/she may
respond by denying the grievance.
STEP 2
If the grievance is not settled at the first step, the aggrieved employee shall, within 12
calendar days of the date of notification from the District Cliief or his/her designee, present the
written grievance to the Fire Chief or his/her designee. The Fire Chief or his/her designee shall
obtain the facts concerning the alleged grievance and shall, within 12 calendar days following
receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee
may he accompanied at this meeting by an IAFF representative. The Fire Chief or liis/her
designee shall notify the aggrieved employee of his/her decision in writing not later than 12
calendar days following the meeting day.
STEP 3
If still unresolved, the grievance and all responses may be submitted to the City Manager
or his/her designee within 12 calendar days of the time the response was due in Step 2. At the
request of the employee, the City Manager or his/her designee shall meet with the employee.
The aggrieved employee may be accompanied at this. meeting by an IAFF representative. The
City may determine who shall meet with the employee. Within 12 calendar days, the City
Manager or his/her designee shall notify the employee, in writing, of his/her decision. If a
grievance is not submitted to the City Manager, it shall be deemed to have been resolved at
Step 2 to the employee's satisfaction.
Section 3. In the event that the grievance is still unresolved, the matter may be
submitted to final and binding arbitration as provided in this section.
A. Within 12 calendar days of the decision of the City Manager, the aggrieved party shall
notify the City Manager of his/her intent to arbitrate. Concurrently, said party shall
request from the Federal Mediation and Conciliation Service a list of five names of
Page 3.
qualified arbitrators. Within 12 calendar days after the receipt of such a list,
representatives of the parties shall meet and each party shall strike two names. Theparty
filing the grievance shall strike the first name, then the other party shall strike a name.
The process shall then be repeated and the remaining name shall be the arbitrator selected
and notified of his/her selection as arbitrator. As promptly as can be arranged, the
arbitration hearing shall be held. Each party shall pay its own expense for its
representative, counsel and witnesses. The charges of the arbitrator shall be shared
equally by the City and the aggrieved party. The decision of the arbitrator shall be final
and binding on both parties, except that either party may seek review as provided by law.
The arbitrator shall have no power to amend, add to or subtract from the terms of this
Agreement, and if the City has denied the grievance on the basis that is was not timely
filed, and further if the arbitrator finds that the grievance is not timely filed, then the
arbitrator shall have no power to grant relief.
B. Copies of the decision of the arbitrator made in accordance with the jurisdiction and
authority of this Agreement shall be furnished to both parties within 30 days from the
close of the hearing.
C. The arbitrator shall arbitrate solely the issue presented.
D. Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based on
the original written grievance subnutted in the grievance procedure.
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Section 4.
Formal Processing of Grievance Initiated By The 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 carriea out, the City may present the issue
to the Union as a grievance. If such grievance cannot be resolved by discussion oetween the City
and the unit representative on an informal basis, the grievance may be formally filed in writing
by the City Manager or his/her designee by giving written notice to the business agent of the
Union. Such notice shall indicate the provisions of the Agreement which the City contends is
not properly being carried out by the Union. If not resolved within 12 calendar days following
receipt by the Union of the written grievance, the City may submit the grievance to arbitration
under the provisions of Section 3 of this Article.
Section 5. All of the time limits contained in this Article may be extended by mutual
written consent of the parties.
Section 6. If an employee chooses to process his/her own grievance, the Union must
be invited to attend any meeting where the resolution of the grievance may occur. FS 447.301(4)
ARTICLES
LABOR-MANAGEMENTCOMMITIEE
The City and Union agree to maintain the current Conflict Resolution committee whose
membership shall be limited to the City Manager or his/her designee, the fire chief or his/her
designee and the Union President and Secretary/Treasurer or their designee. ~t is understood
that this committee in no way is a substitute for the grievance procedure or the nght of collective
bargaining but has been established for the purpose of discussion and input from both sides on
matters that may eventually become items of collective bargaining, grievances, or litigation.
Page 4.
ARTICLE 6
PERFORMANCE AND DISCIPLINE
Section 1. The City and the Union agree that any system of discipline or performance
management should be continually reviewed for its effectiveness. The system may be modified
from time to time to better meet the needs of the employees and the City.
Section 2. Any changes will be consistent with sound personnel practices.
Section 3. All discipline will be for just cause and consistent with due process.
Section 4. Employees have the right to Union representation any time they believe a
meeting may lead to disciplinary action.
Section 5. The City-wide and Fire Department standards shall be in writing. The
Union will provide input as the standards are developed and/or modified. If the Union refuses
to participate or provide input, the City and the Fire Department maintain the right to change
the process.
Section 6. The City recognizes that members of the Fire Department are protected by
the "Firefighter Bill of Rights" and any disciplinary action will conform to the guidelines of that
law.
ARTICLE 7
NO STRIKE
Section 1. The Union agrees that during the term of this Agreement, it shall not
authorize, instigate, condone, excuse, ratify or support any strike, slowdown, sit-down, work
stoppage or any other act of like or similar nature likely to interfere with the efficient operation
of the City's affairs engaged in or supported by members of the Union and/or employees
represented by the Union or other agents or representatives of the Union. The parties
specifically incorporate herein the provisions of FS. 447.505,447.507 and 447.509.
Section 2. Should the Union or employees covered by this Agreement within the
City's Fire Department breach this Article, the City may then proceed against the Union as
covered in FS 447 and such sections of state and federal law that may apply. The City would
also be entitled to obtain an injunction with notice at ex-parte hearing for breach of this Article.
Section 3. Should any member of the bargaining unit be found guilty of striking as
defined in Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly
agreed that such violation constitutes just cause for dismissal.
ARTICLE 8
STEW ARDS
Section 1. There shall be one Union Official on each shift. An employee working in
the classification of Fire Inspector shall be represented by the" on-cluty" or other union official.
Section 2. An employee having a grievance shall have the right to take the matter up
with his/her Shift Steward or other Union Officer during working time, provided that neither
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the employee nor the Shift Steward may leave their assigned Fire Station or work area outside a
Fire Station without prior permission of the Assistant Chief/Fire Marshal or his/her relief to do
so, and, provided further, that the employee and the Union Official shall nOt . interfere with the
normal operations of the Department.
Section 3.
uniforms.
All members of the. bargaining unit may wear the LA.F.F . pin on their
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ARTICLE 9
CHECKOFF
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Section 1. The City shall deduct dues and uniform assessments owed by the employee
to the Union in an amount certified to be correct by the Union Secretary-Treasurer on a
biweekly basis; provided, that prior to such deduction the Union has provided the City with a
signed statement from each employee whose dues are to be deducted that such deduction is
authorized; provided, further that such authorization is in a form satisfactory to the City.
Section 2. Notwithstanding anything herein to the contrary, any authorization for
dues deduction may be canceled by the employee upon 30 days written notice to the City and
the Union.
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 correctly complying with this Article. 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. Nothing contained herein shall require the City to deduct from a salary or
be otherwise involved in the collection of Union fines, penalties or special assessments.
Section 5. In the event an employee's salary earnings within any pay period, after
deductions for withholding, pension or social security, health and! or other standard deductions,
are not sufficient to cover dues it will be the responsibility of the Union to collect its dues for
that pay period from the employee.
ARTICLE 10
POSTING OF AGREEMENT
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The City and the Union agree that this Agreement shall be posted by the City in a
conspicuous place at each Fire Station. Further, the City agrees that it will print the required
amount of copies, no later than 75 days after such Agreement has been ratified by all concerned
parties, and distribute same to the Union; the Union agrees, within 30 days after receipt of copies
of this Agreement, to supply individual copies of this Agreement to each current member of the
bargaining unit and thereafter to provide an individual copy to each new bargaining unit
member within 30 days of their becoming a bargaining unit member. The City and the Union
shall each bear one-half of the cost of production of the copies of the Agreement (250 copies - 200
for Union; 50 for City). The City and the Union shall agree on the format.
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Page 6.
ARTICLE 11
BULLETIN BOARDS
The City agrees to provide a 2 feet x 4 feet space on bulletin boards at each Fire Station
for posting.by the Union of notices of meetings or other official Union information; provided,
the Assistant Chief or his/her designee shall first reviewsuchlosting, and if found to be outside
of the scope of this Article, such posting shall be modifie to the mutual agreement of the
parties. The District Chief will continue to include the Union notices in the intra-departmental
mail which he/she delivers to the stations.
ARTICLE 12
NO DISCRIMINATION
Section 1. The City and the Union sFecifically agree that the provisions of this
Agreement shall be equally applicable to all employees covered herein without regard to race,
color, religion, creed, sex, national origin, membership or non-membership in labor
organization, or age, as provided by law.
Section 2. All references in this Agreement to employees of the male gender are used
for convenience only and shall be construed to include both male and female employees.
Section 3. Any claim of discrimination under Federal or State civil rights laws and the
ADEA by an employee a~ainst the City, its officers or representatives shall not be grievable or
arbitrable under the provIsions of Article 4 but shall be subject only to the method of review
prescribed by law. Nothing herein contained shall preclude the right of.an employee to grieve
and arbitrate disciplinary action taken by the City, except as otherwise herein provided.
ARTICLE 13
HOLIDAYS
Section 1.
The following holidays shall be observed:
New Year's Day
Martin Luther King Day
Memorial Day
Independence Day
Labor Day
The above listed holidays will be paid according to the current praa:ice, except that the
following three special holidays will be compensated at a premium rate of 16.8 hours base pay
for employees on a 56-hour schedule:
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Christmas Day, Thanksgiving Day, and New Year's Day.
Section 2. In addition to the holidays listed in Section 1, each employee may receive
up to four additional "floating holidays. n Floating holidays shall be awarded at the beginning of
each calendar year, subject to the restrictions below. For such floating holidays the employee
shall receive his/her regular rate of pay for such day if he/she does not work that day, but shall
not receive additional compensation. Any day for which an employee is not scheduled to work,
may not be designated as a floating holiday nor a sick leave incentive day. Floating holidays shall
be subject to the following requirements and conditions:
Page 7.
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1. No employee may utilize floating holidays until 30 calendar days after their
employment.
2. Any person employed between January 1 and March 31 shall receive four floating
holidays to be. utilized during the year of hire; any person employed between April 1
and June 30 shall receive three floating holidays to be utilized during the year of hire;
any person employed between July 1 and September 30 shall receive two floating
holidays to be utilized during the year of hire; and any persons employed between
October 1 and October 31 shill receive one floating holiday to be utilized during the
year of hire. Persons employed after October 31 shall not be eligible for any floating
holidays during the year of their hire.
3. Floating holidays may not be carried over from one calendar year to another calendar
year and, if not taken, are forfeited except as provided in Section 4 below.
4. After the year of hire, employees shall receive four "floating holidays" each calendar
year.
5. Upon an employee's separation from the City, the employee may receive a lump sum
payment for his/her remaining floating holiday balance per Section 5 of this Article,
or the remaining floating holiday balance may be used to advance the employee's date
of retirement.
Section 3. Floating holidays and sick leave incentive days will be selected in reverse
seniority after all vacation days and longevity days have been scheduled. It is not necessary for
an employee to schedule his/her floating holidays during the vacation selection process. Any
employee selecting floating holidays after the vacation selection process will give the Department
72 hours' notice in writing of his/her request. This notice will be given to the District Chief for
his/her approval based on vacation selection criteria. This permission shall not be arbitrarily
withheld. In case more than one employee requests a particular day and the Department
determines that both employees may not be off duty on that particular day, the senior employee
shall be given preference.
Section 4. If the employee chooses not to take one or more floating holidays, he/she
may make a written request to the Fire Chief on or before December 15th to receive 16.8 hours
of regular pay for 56-hour week or 8.0 hours of regular pay for 40-hour week in lieu thereof
payable prior to December 31. Any floaters not taken or requested for payment are forfeited.
Section 5. Each calendar year, members of the bargaining unit, working a 56-hour
work week, may elect to take one floating holiday as "Personal Leave Time." Bargaining unit
members on a 40-hour work week may elect to take two floating holidays as "Personal Leave
Time." These personal leave days may be broken into blocks of 4 hours and will be taken in 4-
hour increments. Personal Leave Time will be selected after all vacation days, extra vacation
days and floating holidays have been scheduled. Any employee selecting Personal Leave Time
after the vacation selection process will give the Department 48 hours' notice in writing of
his/her request. All requests for Personal Leave Time must comply with all the criteria
pertaining to the vacation selection process. If an employee chooses not to use all blocks of
Personal Leave Time, he/she may make a written request to the Fire Chief on or before
December 15th to receive pay, in accordance to the chart listed below, payable prior to.December 31.
Page 8.
56-Hour Personnel
1 four-hour block
2 four-hour blocks
3 four-hour blocks
4 four-hour blocks
5 four-hour blocks
6 four-hour blocks
=
2.7999 hours of regular pay
5.5998 hours of regular pay
8.3997 hours of regular pay
11.1996 hours of regular pay
13.9995 hours of regular pay
16.8 hours of regular pay
=
=
=
=
=
40-Hour Personnel
1 four-hour block
2 four-hour blocks
=
4 hours of regular pay
8 hours of regular pay
=
ARTICLE 14
VACATIONS
A. Accrual of Vacation Leave
1. Vacation leave shall be granted for all full time employees in accordance with the
number of completed years of credited service.
Employees on the 56-hour schedule shall accrue paid vacation as follows:
1 - 3
4 - 6
7 - 10
11-14
15 - 17
18 - more
years
years
years
years
years
years
=
6
7
8
9
10
11
duty days
duty days
duty days
duty days
duty days
duty days
=
=
=
=
=
Employees on the 40-hour schedule shall accrue paid vacation as follows:
1 - 2 years 80 hours
3 years = 88 hours
4 years = 96 hours
5 years = 104 hours
6 years 112 hours
7 years = 120 hours
8 - 10 years = 128 hours
11 years = 136 hours
12 years = 144 hours
13 - 15 years = 152 hours
16 & over years = 160 hours
The vacation year shall be the calendar year.
2. Vacation leave granted in January is earned during the previous calendar year.
Page 9.
3. All unused vacation balances are forfeited at the end of the calendar year, except as
determined by the City Manager.
B. Use of Vacation Leave
1. The use of vacation leave shall be authorized in accordance with Fire Department
Regulations.
2. The borrowing of vacation time prior to its accrual is prohibited.
3. There is no advancing of vacation pay.
4. New: employee~ may not take vacation until they have completed one year of
contmuous semce.
5. If a holiday occurs during vacation leave, the employee will be paid holiday pay.
6. An employee who has more than 90 calendar days of unpaid leave shall receive no
vacation leave for that calendar year.
7. Scheduling of Vacation
a) Vacation days may be picked in either a 3- or 6-day block the first time through.
After all personnel have been contacted for their first pick, the second round will
begin. All personnel who have selected a 3-day block on the first round will be
recontacted for their second selection on the second round.
b) After all personnel have picked their primary six days of vacation, all personnel
will be contacted by seniority for the picking of additional vacation days. Finally,
all personnel will be contacted by reverse seniority for the choosing of floating
holidays and holiday incentive days.
c) Should a person elect to pass on choosing any days, they shall be responsible for
the schedUling of their days. If the employee waits too long and there are no
available slots left, they will risk losing the days. Floating holidays may be
submitted for pay. Additional vacation days will be lost or can be donated to the
Depanment leave pool. However, no employee shall be permitted to donate
more than three days of leave per year to the pool.
d) All vacation days must be chosen except by permission of the Fire Chief.
e) The linking of scheduled days shall not exceed 9 consecutive duty days, except by
special permission of the Fire Chief. If more than 9 days are linked, the employee
shall be responsible for any training required to maintain cenification that is
missed during the scheduled time off. The Depanment will make every effon to
schedule this training while the employee is on duty. If this cannot be done, then
i~ is the employee's responsibility to complete the required training on their own
tune.
f) The changing of incentive days for previously used floating holidays is not
allowed.
Page 10.
C. 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 of one year based on the employee's seniority at the beginning of the
extended leave or as provided by law.
D. 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 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 the article on Funeral Leave.
3. Requests for such changes must be made in writing within 72 hours of the
employee's return to work.
Payment of Unused Vacation Leave
1. Payment of unused vacation leave will be paid upon voluntary separation of the
employee, provided the employee was not dismissed for cause and that the
employee has more than one year of continuous service.
F. Banking of Vacation
1. The practice of banking vacation for retirement shall be limited to 240 hours.
ARTICLE 15
WAGES AND COMPENSATION
Section 1.
Pay Schedule
The pay schedule shall be in accordance with Appendix A.
Section 2.
Pay Schedule Format: Merit & Longevity Step Increases
A. The classes of Firefighter, Firefighter/Driver-Operator, Firefighter/Paramedic, and
Firefighter/LeadMedic shall have twelve steps: an entry step, five merit steps and six
longevity steps. Fire Prevention Inspector, Fire Lieutenant, and Fire Lieutenant
Rescue/Paramedic shall have nine steps: an entry step, two merit steps and six longevity
steps. Merit steps shall frovide for an approximately 5% increase over the preceding step,
and longevity steps shal provide for an approximately 2-112% increase over the preceding
step.
B. Pay increases up to and including Step 12 are not automatic but are management review
rates and may be granted only upon the recommendation of the Department Director
Page 11.
and AFPointing Authority. Eligibility for review for within pay schedule increases shall
be as follows:
Appointment. Merit and Lonl:evity Step Review and Advancement:
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 10
Step 11
Step 12
Original appointment or promotion
At the end of one year of satisfactory service in Step 1.
At the end of one year of satisfactory service in Step 2.
At the end of one year of satisfactory service in Step 3.
At the end of one year of satisfactory service in Step 4.
At the end of one year of satisfactory service in Step 5.
At the end of two years of service in Step 6.
At the end of two years of service in Step 7.
At the end of two years of service in Step 8.
At the end of two years of service in Step 9.
At the end of two years of service in Step 10.
At the end of four years of service in Step 11.
If an employee's evaluation by management is satisfactory or higher, the approved merit
pay increase shall become effective as of the date of the employee's eligibility therefore, except as
provided in Section 3 below. '
Note: As provided in Article 19, Section 1, an employee promoted to Fire Prevention
Inspector, Fire Lieutenant or Fire Lieutenant Rescue/Paramedic shall be provided at least a 5%
pay increase upon the promotion.
Section 3.
Merit Step Review - Increases and Delay or Denial
Employees who receive a merit eligibility evaluation of Satisfactory or higher shall be
advanced as provided in Section 2 above.
Employees who receive a merit eligibility evaluation of less than Satisfactory shall not be
granted a merit step advancement. Such employees shall be reevaluated after three months and if
then rated satisfactory, shall be granted a merit step adjustment as of that date. The effective date
of the increase shall be utilized for the purpose of determining eligibility for review for
advancement to the next higher step.
If the initial three months follow-up rating is still less than Satisfactory, the employee
shall be evaluated again in three more months. If then rated Satisfactory or higher, the employee
shall be granted a merit step adjustment as of the end of that second three-month follow-up
period. The effective date of this increase shall be utilized for the purpose of determining
eligibility for review and advancement to the next higher step.
If the employee is rated less than Satisfactory on the second three-month follow-up rating,
no merit step advancement shall be made; and the employee will be evaluated again one year
from the date of the initial annual evaluation which was less than Satisfactory.
Section 4.
Rates of Pay
A. Base rate of pay is defined as compensation at the rate prescribed for the job class in the
Pay Schedule.
Page 12.
.-....
B. Regular rate of pay is defined as base pay and any assignment pay if regularly assigned.
C. Overtime is defined as one and one-half times an employee's regular rate of pay.
D. School pay is.defined as regular rate of pay.
Section 5.
Laundry Stipend
A. All members of the bargaining unit who are actually working are required to launder
their own shirts, uniform trousers, uniform jackets and bedding. Tlie City agrees to
compensate each employee $550.00 per calendar year. The laundry allowance will be
prorated at 25% ($137.50) for the period from October 1, 1998, to January 1999; and
thereafter paid in January.
B. Each employee must supply his/her own sheets and pillow cases. An employee who is
on extended sick leave (60 days or more) or has been approved for regular disability
retirement by the Pension Advisory Committee shall no longer be eligible for the
laundry/bedding allowance.
C. In the initial year of hire, the $550.00 shall be prorated at 25% from the date of hire by
calendar quarters.
Section 6. Mileage Reimbursement
A. For each move a Firefighter is required to make, and use his/her own vehicle, after
he/she has reported to his/her duty station, the City will provide reimbursement to the
employee in accordance with Sec. 2.328 of the City of Clearwater Code of Ordinances;
or, the City may elect to provide transportation.
B. The state's reimbursement rate is 29 cents per mile.
C. This distance will be computed by the City, so that both the City and employee can refer
to a standard table to ascertain the distance between any two Fire Stations.
D. Written requests for mileage reimbursement must be made to the Fire Chief's office on or
before September 15. Requests received after September 15th shall be void and no
reimbursement shall be required of the City.
E. The Department will post a reminder notice at least 30 days prior to September 15.
F. The money shall be paid by September 30 of each year.
G. In the event that an employee is transported in a City vehicle under the provisions of this
part, the City will provide the employee transportation back to his/her duty station at or
before the end of the employee's tour of duty if the employee so requests.
ARTICLE 16
CLOTHING and EQUIPMENT
Section 1. The City shall continue tOlrovide the initial dothingalliLprotective
devices currently supplied, or their equivalent, an initial safety equipment currently supplied,
without cost to the employee, as well as replacement for supplies damaged through normcil wear
and tear. The employee will replace any lost or abused equipment that has been supplied by the
Page 13.
Department by purchasing the lost or abused equipment from the Department at the value of
the lost or abusea equipment, as determined by the Fire Chief.
The following equipment will be supplied to each employee. If equipment becomes
worn or unserviceable through no fault of the employee, the employee will return the item to
the Department and the Department will replace said item. The Following, if issued, items will
be returned to the Department before an employee leaves the employment of the Fire
Department, either by termination, retirement, resignation, etc., before the employee's last
paycheck is released by the City. Should any such items not be returned, the City snall withhold
from the last paycheck, an amount sufficient to reimburse the City its current replacement cost
for that equipment:
Item
Coat
Pants
Shirts
Jumpsuit
Badge
Blanket
Bunker Coat
Bunker Pants
Helmet
Boots, (pair)
Suspenders
City ill
City Gas Card
3 cell Flashlight (mag light)
Quantity
1
5
5
1
1
1
1
1
1
1
1
1
1
1
ARTICLE 17
INSURANCE
Section 1.
Life Insurance
All life insurance premium contributions and plans currently in force shall continue for
the duration of this Agreement. The selection of an insurance company shall be free and
without prejudice and of the employee's choice from the companies offered by the City, with
the approval of the Insurance Committee. The Union agrees to participate with the Insurance
Committee in making decisions regarding life insurance.
Section 2. Death Benefits
The current practice of paying accrued rights and benefits to the designated beneficiary or
next-of-kin upon the death of an employee shall continue.
Section 3.
Health Insurance
The City agrees to meet with the LA.F.F. and other City of Clearwater union
representatives to review the health insurance program for the purpose of reducing the cost of
such program for the City and the employees.
The City further agrees to provide the LA.F.F. with such information as would be
required to formulate such a benefit package and to cooperate with the LA.F.F. and other unions
to obtain pertinent information from the present carrier. Until a benefit package is formulated
Page 14.
'!l!'7.
ut into operation, the City agrees to continue the current benefits.
'Any information received by either party from the consultant or from another carrier
shared with the other party.
ARTICLE 18
TRAINING AND TUITION REFUND
';( , Section 1. Members of the bargaining unit shall be entitled to participate in a tuition
'l,~.m,,_bu~~mentfr<?gram provided that.all ~lasses.are off-duty, except.for pr?mot~onal courses for
"tt,i~,the~poslt1ons 0 LIeutenant and! or Dlstnct ChIef where depanment polley will be followed.
'.l(H~~ever, the City and the Union may agree to pro rate such tuition reimbursement due to
\rL,~htcl.u1ing conflicts.
Section 2. The tuition refund for members of the bargaining unit shall be $850 in
and $1,000 in FY 99.
(>Section 3. Panicipation in Tuition Refund will not imply any eligibility for school
.~~ithe pay not will it impose any obligation to the City under FLSA.
Section 4. Except for training requirements occasioned by extended vacations, when a
bargaining unit member IS directed by the Depanment to attend classes, the member will be
',:'compensated for the hours spent in accordance with the law.
Section 5.
flWilities.
Section 6. Employees who complete a degree through the City's and USF's PACE
program shall receive a one-time bonus of $2,500, until such time as the program shall become
eligible for tuition refund.
The City shall provide and maintain reasonable training grounds and
ARTICLE 19
PERSONNEL PRACTICES
Section 1.
Pay Plan
A. A mini~um of a 5% increase over an employee's base pay shall be provided upon
promotlOn.
B. If a Firefighter, Fire Lieutenant or Fire Prevention Inspector possesses E.M.T.
certification, the following shall be done upon promotion:
If an employee was among personnel "grandfathered-in" to E.M.T. pay by the original
and subsequent City-IAFF Contracts, such employee shall, upon promotion, be
promoted in accordance with paragraph A above and shall thereafter have the E.M. T. pay
added as a supplement to the new base pay in the higher class.
Page 15.
C. Rate of ~~y on C.hanges in S~tus - Each pe~son who sh~l ~e inducted into a position in
the classIfIed servICe shall receIve compensatIon at the mlmmum rate prescriDed for the
class of position as provided by the then current City of Clearwater Pay Plan together
with the Rules for Administering said Pay Plan, except as follows.
1. An employee who is demoted for lack of work occasioned by consolidation of a
municiral function by another governmental age~cy, for lack of work generally, for
lack 0 funds, or for other causes beyond hIs/her control, shall have his/her
compensation fixed at the step in the respective range to which he/she would have
been entitled had hislher previous employment with the City been in such lower
class, provided however that at least a 5% reduction shall be effected. A demotion
shall be defined as any change of an employee from a position in one class to a
position in a class of a lower level. Such employee shall be placed at the head of the
reemployment list for the class frolll which hel she was demoted.
2. An employee who is appointed from the reemployment list to a position in the
departme~lt i~ which hel she previously served shal~ ~e paid at the step in the pay
range whIch IS equivalent to die step hel she was recelvmg when hel she was separated
and shall be eligible for advancement to the next step when hel she shall have Deen re-
employed a sufficient number of days to make up the number of days hel she lacked
for eligibility at the time of separation.
3. An employee who is appointed from the reemployment list to a position in another
department than that in which helshe was previously employed may be paid at the
s~e. step in the pay .ran~e at which hel she was bei~g paid when separ~ted, or any step
wlthm the range whIch IS not above the step at whIch hel she was preVIOusly paid.
D. Acting Pay
1. Acting pay shall be provided to any employee who is assigned in an acting capacity to
a position in a class of a higher level for a minimum of four hours. For the purpose of
computing acting pay, the employee shall be placed into the step number in the higher
level which is the same as die step number to which he/she is assigned in his/her
current classification. (For example, a Step 6 Firefighter would be placed into Step 6
of the Firefighter/Paramedic range when acting as such.)
2. 5% E.M.T. Assignment Pay
When an employee is temporarily assigned and temporarily performs E.M.T. duties
for a minimum of four hours, the employee will receive assignment pay of 5% over
the employee's current base rate for all hours worked. Such assignment pay is defined
as additional pay for performing a function as a replacement for another employee
normally regularly assigned to that function.
E. Acting Pay as Fire Lieutenant or District Chief
When an employee is assigned as an Acting Lieutenant or Acting District Chief and the
employee has acted in the higher position for a minimum of 4 hours, the employee shaI
receive 5% above the employee's current base rate of pay for all hours worked.
Page 16
f. -~.
F. Acting Pay Removal
Acting pay shall cease to be paid to a bargaining unit member when:
The employee is reassigned, transferred, demoted or promoted to any position not
involving the performance of the acting function, or the acting position is removed by the
Department or other appropriate authority pursuant to provisions of the collective
bargaining Agreement. Acting pay terminates at the time of the job function change or at
the time of die formal assignment removal.
G. Fair Labor Standards. Section 7(k) Exemption
1. The City of Clearwater Fire Department, pursuant to the Fair Labor Standards
Section 7(k.) exemption, has established a 27-day work cycle for employees in the
bargaining unit who work 112 hours biweekly.
2. All employees in the bargaining unit, with the exception of Fire Inspector and any
light-duty bargaining unit memoers assigned to an 80-hour biweekly schedule, shall be
paid overtime only for all hours worked in excess of 204 hours during the designated
27-day work cycle.
Section 2. Promotional Examinations
This section applies to promotions to the classifications of Firefighter/Driver-Operator,
Firefighter/Paramedic, Firefighter/LeadMedic, Fire Lieutenant, Fire Lieutenant Rescue/
Paramedic, and Fire Prevention Inspector.
A. Promotional examinations will be held within 30 days following the expiration of a
previously existing promotional list.
B. Each announcement of a promotional examination shall state:
1. The title of the class.
2. The nature of the work to be performed.
3. The names of the organization unit or units for which the examination is given and of
the organization unit or units and the lower class or classes of positions within such
organization unit or units, of which employees shall be deemed entitled to compete in
such examination.
4. The .mi~imum qualifications which may be required for admission to the
exanunatlon.
5. The general scope of the tests to be used.
C. Eligibility for promotional examinations may be restricted to persons employed in
designated lower classes and! or in designated organizational units. Such persons shall be
required to have completed their probationary period and have been certified to
permanent status in the lower class and! or to have had such other length of experience in
the lower class or classes as may in the judgment of the Human Resources Director be
deemed appropriate for the particular examination.
Page 17.
D. Disqualification of Applicants
The Human Resources Director, on behalf of the City, may reject the application of any
person for admission to any examination or refuse to examine any applicant or to certify
the name of an eligible for appointment if, in his/her opinion, it is found:
1. That the applicant fails to meet the established qualification requirements for the
classification.
2. That the application was not filed on or before the closing date for receipt of
applications specified in the public announcement.
3. That the applicant has made an intentional false statement as to any. material fact, has
practiced or attempted to practice deception or fraud in his/her application or in
securing eligibility or appointment. This provision shall be interpreted to include the
use of any other than the applicant's legal name in making application.
4. That the applicant has been disciplined for engaging in conduct unbecoming a Fire
Department employee.
5. That the applicant has a record of previous unsatisfactory service in City employment
or elsewhere for the past two years of such a nature as to demonstrate unsuitability for
employment in a position of the class for which he/she is applying.
6. That the applicant fails to meet standards for the position that are required by State
and! or Federal law or applicable rules under such laws.
7. Any person who, by order of the Human Resources Director, is denied permission to
compete in any promotional examination or whose eligibility is canceled under the
provisions of this section may make a written appeal to the City Manager for a final
aecision.
E. Scope and Character of Examinations
II
J I
I:
1. Provisions applying to promotional examinations:
a) All promotional examinations shall be competitive.
b) All examinations shall be of such character as to fairly determine the qualifications,
fitness and ability of applicants to perform the duties of the classification to which
appointment is to be made.
c) Examinations and tests may be written, oral, physical or performance, or a
combination of these types. They may take into consideration such factors
(including experience, education, aptitude, capacity, knowledge, character,
physical fitness, and other qualifications) as, in the judgment of the Human
Resources Director, enter into the determination of the relative fitness of the
applicants and may include inquiry into the moral character, or any other
pertinent quality or attribute of the applicant.
Page 18.
d) No test or question in any examination shall be so framed as to call for or lead to
disclosure of any information concerning any political or religious applications,
preferences or opinions. Any disclosure thereof shall be disregarded.
2. A promotional examination may include any combination of the factors listed in
subsection (1) above, and shall include credit for seniority hereinafter described.
Seniority credit will be granted to the candidate prior to computation of the final test
grade. One-halfroint credit will be added for each full year of department service, up
to a maximum 0 five points.
F. Rating of Examinations
1. The earned credit rating of each candidate shall be determined by the weighted
average of earned credit ratings, according to weights established and published or
announced by the Human Resources Director, or his/her designated representative,
before the examination. The Human Resources Director shall establish the minimum
eligibility requirements. When properly authorized and published or announced
before the examination, such minimum eligibility shall be deemed to be included
herein and made a part hereof.
2. Where it is stated in the announcement that an applicant, to become eligible, must
attain a specified acceptable rating in any written or performance test, the remaining
tests need not be given to any competitor who is found not to meet such requirement,
and if given, need not be rated.
G. Notification of Results
Each candidate shall be notified in writing of his/her name being placed on the eligible
list or his/her failure to attain a place on the list. Any candidate may, within 15 calendar
days following the mailing date of his/her notice of results, request permission to review
his/her examination with the Human Resources Director or his/her designated
representative, and will be given reasonable opportunity to do so, provided the test is not
proprietary. If the test is proprietary, then a summary of his/her results shall be
furnished to the applicant upon request, provided such request is made in writing within
15 days after the last section of the examination is administered and the summary is made
available by the vendor. Any costs associated with the summary shall be paid one-half by
the employee and one-half by the Fire Department.
H. Appeals from Ratings
1. Any candidate may, within 15 calendar days from the date of initial review but in no
event later than one month after the posting of employment list resulting from such
test, notify the Human Resources Director in writing that error, other than error of
judgment, exists. The Human Resources Director shall thereupon cause a review of
such rating to be made. If, upon review, errors, other than error of judgment, which
affect the candidate's rating, are found ,such errors shall be corrected. In the event
such review discloses error, affecting the rating of other candidates, the ratings of the
other candidates shall also be corrected.
2. No change made in the ratings of any candidate shall be deemed to invalidate or in
any way affect any certification or appointment previously made.
Page 19.
Section 3. Promotional Lists
The names of all persons who may be lawfully promoted shall be placed on an open
promotional list which will be posted in the Department.
All promotional eligible lists, whether resulting from examinations having a dosing date
for receift of applications or from continuous examinations shall be established for the term and
period 0 two years from the date of the examination which established such eligibility.
Section 4. Appointments
A. Selection from the promotional list shall be at the sole discretion of the Fire Chief.
B. The Department shall counsel with any employee who is passed over by another
candidate on the list of promotions upon the written request of the employee.
Section 5. Probation
A. A newly hired employee within the bargaining unit shall serve a probationary period oj
12 months of active service during which he/she shall have the opportunity tc
demonstrate to the satisfaction of the Fire Chief his/her suitability for thed" ob. In the
event the employee is, for any reason, absent from duty or on light uty for ar
accumulated period of 112 scheduled work hours or more, then all such time shall bt
added to the probationary period.
B. A newly hired employee who, during the probationary period, does not demonstratt
suitability for the class, as determined by the Fire Chief, sheill be notified in writing of the
reason(s) and shall be terminated. An employee shall not have access to the grievance
procedure regarding the termination during probation.
C. All fersons who commenced employment as firefighter on or after December 15, 1985:
shal be required to maintain residence within the geographical boundaries of Pinellas
Hillsborough, Pasco and Hernando Counties. This requirement shall continue durinl
their tenure within the fire service of the City of Clearwater, whether serving as ;
firefighter or in any position to which they may be promoted within the fire service.
D. No smoking or use of tobacco on or off the job shall be permitted for all employees hire<
as Firefighter on or after December 15, 1985, as a condition of employment and thei
continued employment within the fire service. Violation of this provision shall b
deemed just cause of disciplinary action by the City, up to and including dismissal.
E. An employee promoted to a class within the bargaining unit shall serve a probationar
period of six months of active service during which he/she shall have the opportunity t;
demonstrate to the satisfaction of the Fire Chief his/her suitability for thed" ob. In th
event the employee is, for any reason, absent from duty or on light uty for aJ
accumulated period of 56 scheduled work hours or more, then all such time shall b
added to and thereby extend the probationary period.
F. A promoted employee who, during the probationary period, does not demonstrat
suitability for the class, as determined by the Fire Chief, shall be notified in writing an
shall be demoted to his/her former classification. A promoted employee serving
probationary period within the bargaining unit shall not be entitled to appeal his/ht
non-successful probationary period and his/her return to his/her former positior
Page 20
Section 6. Sick Leave
A. Accrual Rate
1. Members of the bargaining unit shall accrue sick leave in accordance with the schedule
below:
Biweekly
Hours
Total
Hours
Accrual Rate
Per Pay
80
112
96.01
134.42
3.693
5.170
Months
Capped
9
9
Hours
Capped
1560.00
2184.00
2. The number of yearly pay periods sick leave is accrued is 26.
3. Employees who have sick leave balances in excess of the above balances as of July
1998 shall have the amount of sick leave in excess of the above balances paid at 50%
of the employee's hourly base rate of pay as of July 1998. The pay rate excludes all
additions to base pay. The hourly rate shall be adjusted for changes in a work week
other than 56 hours. One-half of the .payment shall be made December 1, 1998.
One-half of the payment shall be made October 8, 1999.
4. Employees hired in 1957 shall continue to accrue sick leave at the current rate until
retirement or other separation from employment with the Fire Department. There
will be no cap on said sick leave accrual.
B. Sick leave may be accumulated for each of the 26 accrual pay periods the employee
actually works, up to a maximum as shown above. Actual work mcludes periods when
the employee is using accumulated sick leave (but not sick leave pool), holidays,
vacation with pay, and the no-Ioss-of-pay sick time. Employees shall not accrue sick
leave during any other period of time when they are in a non-work status or utilizing
"retirement advancement".
C. All accumulated unused sick leave shall be credited to any employee recalled from a lay
off, transferred, or certified to another department or classification without break in
service, appointed from a reemployment list or returning from a leave of absence. If the
employee is promoted, demoted or transferred to another City position with a different
Scneduled Pay Period Hours other than that defined above, that employee's sick leave
balance will be adjusted to reflect equivalent days of sick leave earned, consistent with
his/her new scheduled pay period hours.
D. In the event an employee has been separated and paid for accumulated unused sick leave
as hereinafter provided, or has been dismissed for cause and subsequently is re-employed
by the City, his/her subsequent sick leave accumulations shall be calculated as a new
employee.
E. Under the provisions of this section, an employee may utilize his/her sick leave for
absences from duty on any of his/her regularly scheduled work days for the number of
regular hours he/ she would otherwise have been scheduled to work on that day had not
such absence occurred. Absence for a fraction of a day that is chargeable to sick leave in
accordance with these provisions shall be charged by rounding to tenths of an hour
according to the following:
Page 21.
Minutes
Tenths of an Hour
1 - 6
7 -12
13 - 18
19 - 24
25 - 30
31 - 36
37 - 42
43 - 48
49 - 54
55 - 60
.1
.2
.3
.4
.5
.6
.7
.8
.9
1.0
F. Sick leave shall not be considered a privilege to be used at the employee's discretion, bu
shall be used only for absences:
1. Due to personal illness or physical incapacity caused by factors over which thl
employee has no reasonable immediate control.
2. Necessitated by exposure to contagious disease in which the health of others would b.
endangered by his/her attendance on duty.
3. Due to dental appointments, physical examinations, or other personal siclmes
prevention measures, the scheduling of which at times other than during his/he
regular working hours is impossible or unreasonable.
4. Due to illness of a member of his/her immediate family which requires his/he
personal care and attention. The term "Immediate Family" as used in this paragrapJ
shall mean parents, stepparents, grandparents, children, stepchildren, grandchildrer
brothers, sisters or husoand/wife of the employee and the immediate family as hereiJ
referenced of the husband/wife, or other relative who is a member of the immediat
household.
Sick leave will be accrued in the same manner that it is presently earned. AJ
employee may utilize his/her accumulated sick time due to an illness in his/he
immediate family (as that term is defined above).
5. If an employee is under a doctor's care or if a member of the employee's immediat
family is under a doctor's care and the doctor certifies that the employee's person.
care and/or attention is required, said time of absence shall not be considered Cl
grounds for any discipline, provided that personal sick leave is not used in excess c
accumulated sick leave.
G. An employee absent for one of the reasons mentioned above shall inform his/h~
immediate supervisor as early as possible on the first day of absence. Failure to do so ma:
be the cause for denial of sick leave with pay for the period of absence. In any event, tb
Departmental Rules shall govern the notification requirements.
Page 22
H. Payment for Unused Sick Leave
Upon separation from City service, an employee shall be paid one-half of his/her
accumulated unused sick leave. The rate of payment shall be based on the regular hourly
rate (excluding shift differential or any other addition to base pay) of the employee on the
last day worked prior to separation. The employee may request that one-half the
payment for unused sick leave be made at separation and one-half the payment be made in
the first payroll period in the next calendar year.
The employee qualifies for payment if:
1. The employee has had at least 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 ~mployees ~re receiving Workers' Compensation shall not be deducted from
contmuous servIce; or
2. The separation is involuntary on the pan 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.
An employee who has been dismissed for cause or who resigns voluntarily shall have no
claim for sick leave payment.
An employee who may otherwise be eligible for retirement under the City Employees'
Pension Plan or Federal Social Security, or who may be approaching such eligibilIty date,
and whose purpose in leaving is to retire under either program, may utilize one-half of
his/her accumulated unused sick leave to the extent thereof to advance his/her retirement
date. In that event, the employee shall execute a resignation to become effective on the
date that such accumulated unused sick leave would be exhausted. Such resignation shall
be irrevocable, and retirement shall begin at the time such resignation becomes effective.
In the interim, payment for accumulated unused sick leave shall be made as a
continuation of die employee's regular pay from which all regular payroll deductions
shall be made in order to preserve his/lier retirement status. Accumulated unused sick
leave will be charged as outlined in paragraph (1) of this subsection.
1. An employee may not utilize his/her accumulated sick leave absence 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 aCCl,lmulated 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 terminated or suspended, as
in the City's judgment, is appropriate.
J. Except in the cases of injury incurred in the line of duty with the City, employees shall
not be entitled to use sick leave until the completion of six calendar months of continuous
service following the date of original appointment.
Page 23.
K. The employee may be required to submit evidence in the form of a medical certificate, 0
the adequacy of the reasons for his/her absence during the period of time for which sid
leave is granted when requested by the Department Director.
1. An on-duty employee injured in an accident, arising out of and in the course of his/he
City employment, may elect to be continued on the payroll to the extent of his/he
accumulated unused sick leave as hereinafter provided. An employee receiving sick leavl
with pay under the provisions of this subsection who simultaneously receives incom,
under the Workers' Compensation Act shall receive, for the duration of such income an,
to the extent of his/her accumulated unused sick leave, only that. portion of his/he
regular rate of pay (see Article 15, Section 4) which will, together wid:i. said income equa
his/her regular rate of pay at the time of injury. In that event, the employee'
accumulated unused sick leave shall be charged only in the same proportion as his/he.
sick leave payment is to his/her regular biweekly salary which shall be deemed to be tha
same proportion of the number of regular hours he/she would otherwise have beer
scheduled to work for the day, week or other period involved, rounded out to the neares
tenth of an hour.
M. The use of sick leave for purposes other than those designated herein will be considered;
major rule infraction.
N. Sick Leave Incentive Pro~ram
1. In any full calendar year period that a bargaining unit employee uses no sick leave, thl
employee will be allowed to convert two days of sick leave to two sick leave incentive
days (Bonus Days) for use in the next calendar year.
2. In any full calendar year that a bargaining unit employee on the 56-hour schedule use:
between one-tenth of an hour and 48 hours of sick. leave the employee will be allowec
to convert one day of sick leave to one sick leave incentive day for use in the nex
calendar year. In any full calendar year period that a bargaining unit employee on the
40-hour schedule uses between one-tenth of an hour ana 16 hours of sick leave, thl
employee will be allowed to convert one day of sick leave to one sick leave incentiv(
day for use in the next calendar year.
3. If the sick leave incentive days are not used during the calendar year to which they an
converted, the day(s) will be forfeited. (Sick leave incentive days are not included ir
overtime calculations.) Upon an employee's separation from the City, the employe(
may receive a lump sum payment for his/her remaining sick leave incentive day
balance.
O. Leave Pool
A joint leave pool will be established by members of the International Association of Fin
Fighters bargaining unit, such leave pool to be available for use by members subject to th(
following provisions:
1. The purpose of the leave pool is to provide leave to bargaining unit members whc
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
Page 24.
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 30 calendar days.
2. A committee shall be formed and the committee shall determine use of the leave pool
days, subject to the above purpose and limitations.
a) The committee shall consist of three members designated by the bargaining unit,
one management employee designated by the Fire 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 ana 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.
3. Bargaining unit members may donate days from their vacation balances to the leave
pool one time per year in January.
a) No emploree shall be permitted to donate more than three days of leave per year
to the poo. In the event that the leave pool becomes insufficient to provide leave
days, the committee may, with the prior approval of the City Manager or
designee, open up the opportunity for additional donations to be made during the
calendar year. This shall be limited to one time per year; however, the 3-day
donation limit shall not be modified.
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 8-hour or 24-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 8-hour or
24-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 7.
Funeral Leave
A. An employee shall be allowed ur to three shifts off with pay in the event of a death in the
immediate family which shal be limited to spouse, child, parent, brother, sister,
Page 25.
stepmother, stepfather, stepchild, or mother-in-law or father-in-law.
chargeable to sick leave.
B. An employee shall be granted up to two shifts off with pay in the event of a death in thf
family, specifically defined as grandmother, grandfather, grandchildren, sister-in-law, or
brother-in-law. This is chargeable to sickleave. The Fire Chief may grant funeral leave
to employees for the death of other household members.
This IS not
C. Additional time off may be granted by the Fire Chief, or his/her designee. Furthermore,
any employee availing himself/herself of a provision in this section must notify the Fire
Chief or his/her District Chief of such intent as soon as possible.
D. Any funeral leave, other than provided for in Section A above, will be governed by
Article 19, Section 6 E, Sick Leave.
Section 8. Absence Without Leave
A. Any employee who is absent from duty for two consecutive work days for 56-hour
employees and three consecutive work days for 40-hour employees without notice and
valid reason therefore shall be deemed to have voluntarily terminated his/her City
employment and to have vacated his/her position and will be separated from the payroll
as a dismissal, unless a leave of absence is subsequently granted unaer any of these rules.
B. The failure of an employee to report for duty at the expiration of a leave of absence or
vacation leave with or without pay, shall be deemed an absence without leave.
Section 9. Time Off From Duty
A. An employee may be granted necessary time-off from his/her duties with compensation
for any of the following reasons, when such time off does not, in the judgment of the Fire
Chief, interfere with the operation' of the Department.
1. Attendance at professional or other conventions, institutes, courses, classes, seminars
or meetings wlien such attendance is approved in advance by the Fire Chief or his/her
designee. Attendance will be at the discretion of the Fire Chief except when the
requested leave is for promotional exams which will get first priority.
2. Attendance at in-service training and other in-service meetings when approved by the
Fire Chief or his/her designee. The provisions of this paragraph shall be deemed to
include authorized safety meetings.
3. The President and Secretary-Treasurer of the Union shall be granted Union time-off
to attend state and international conventions, provided a minimum of one month's
written notice is given to the Fire Chief.
B. The Union may, upon request, be allowed up to 312 duty hours per fiscal year to be
excused for Union business, conferences, and training. Any such request must be
initiated in writing through the chain of command, via the District Chief, and will give
the name of the person wanting off, date the person is to be off, and the number of hours
the person will be off. Time off from duty under this provision must be approved by the
Fire Chief or his/her designee and must be taken in not less than four-hour increments.
Any unused portion of the balance is to be carried over into the next contract year.
Page 26.
Union officials utilizing union time shall not be eligible during the time of utilization for
Worker's Compensation benefits incase of injury. In any event, absence from duty for
union business shall not be approved which requires a union official to be off duty for
periods in excess of three consecutive scheduled work shifts. Extension of any
consecutive time off for union officials, over and above the three consecutive shifts, may
be granted solely at the discretion of the Fire Chief. Requests for union time off must be
made on the designated form.
Jointly related business between the City and the Union shall not be subject to deduction
from the bank, however, the Union acknowledges that such time needed for arbitration
hearings will be chargeable to the account. In any event, the Fire Chief or his/her
designee, may at his/her discretion deny any request not made at least 72 hours in
advance and submitted by a Union Officer, or which renders the Department staffed
below that level which the Chief determines to be necessary.
Section 10. Right to Contribute Work
In the event that an employee's illness or physical incapacity should continue beyond the
point where his/her accumulated sick leave, if any, has been exhausted, he/she may request to
have other qualified employees of the Department perform his/her regular duties; provided that
such substitution would not require overtime compensation for the substitute and the maximum
allowable contributed time to anyone employee is a total of 90 calendar days for the duration of
this contract.
ARTICLE 20
RETIREMENT ADVANCEMENT
Section 1. 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.
Section 2. 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.
Section 3. 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, holidays and holiday pay, allowances, reimbursements and special
payments of any kind.
ARTICLE 21
LIGHT DUTY
Light duty shall be defined as those activities which an employee can perform which do
not require any type of physical activity which may aggravate an existing injury. An employee
must De released oy the treating physician for light duty and must have approval from Risk
Management and the Fire Chief. Employees on either a job-related or non-job-related injury,
illness or other medical condition may be assigned to light duty.
Page 27.
Employees placed on light duty shall be reassigned to a 40-hour per week schedule and
shall perform duties as assigned by the Fire Depanment. Should an employee on light duty need
to utilize sick time, floating holiday time or vacation time, such time shall be charged at the rates
applied to 40-hour schedules. All other pays and benefits will continue as if the employee were
on regular assignment except that an employee will receive a recognized holiday off with Fay in
lieu of holiday pay, and there will be. a loss of assignment Fay after 90 calendar days only for off-
du~y injuries. Employees injured on duty and released for light duty will continue to be paid
asSIgnment pay.
All employees on light duty shall have all sick leave hours, floating holidays, and
vacations convened to a 40-hour schedule. On return to regular duty, all sick hours, etc. will be
returned to a 56-hour schedule. Fony-hour firefighter employees will maintain their 40-hour
schedules while on light duty with no conversion of sick leave, floating holidays, or vacation.
All employees on light duty shall have their medical status reviewed in a minimum of 30
days and the concept of maximum medical improvement shall be considered. If needed, the City
may require a second medical evaluation; and if so required, this shall be done at the City's
expense. Light-duty assignments may he limited.
ARTICLE 22
LINE-OF-DUTYINJURY PAY
Section 1. The City hereby agrees to pay the following compensation to any
employee injured in the line of duty in accordance with the following definitions, terms and
conditions.
A. Compensation shall be payable under this section only with respect to disability as the
result of injury to an employee where such injury is incurred in the line of duty.
B. An injury shall be deemed to have been incurred in the line-of-duty if and only if such
injury is compensable under the Florida Workers' Compensation Law.
C. The amount of compensation paid shall be the amount required to supplement funds
received from the Florida W ork.ers' 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 {>rovided and all other payments herein described equal the
employee's regular rate of pay (see Anicle 15, Section 4) at the time of the injury .
D. No compensation under this section shall be allowed for the first seven calendar days of
disability; provided, however, that if the injury results in disability of more than 21
calendar days, compensation shall be paid from the commencement of the disability. (It
is understood that this paragraph is so stated to be in compliance with current workers'
compensation law. 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 injury.
Page 28.
1
F. It is the intent of this section to provide supplemental compensation for line-of-duty
injuries only, andthis 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. In the event of
any dispute or disagreement concerning the interpretation of the terms of this section,
then the decisions concerning definition of those terms issued under the Florida Workers'
Compensation Law shall control.
G. The maximum period for which payment may be made under this section shall be 90
calendar days from the date of injury for each injury, including recurrences thereof. If the
employee's injury results in disability for more than 21 calendar days, no payment made
by the City during said period shall be charged against any sick leave which the employee
may have accrued.
H. Line-of-duty injury pay will be provided from the first day of injury for those defined in
(G) above; however, the amount paid shall be only that amount required to supplement
funds received by the employee from the Florida Workers' Compensation Law and any
other disability or other income plans provided by the City, to tlie point where the sum
of all payments is equal to the employee's regular base pay rate at tlie time. of injury (see
Article 15, Section 4). At such time as the employee receives his/her initial workers'
compensation payment, the City shall approximate the differential needed to equal the
employee's base pay and shall provide such line-of-duty injury pay to equal the
employee's regular base pay rate at the time of injury (see Article 15, Section4). Any
adjustment to the City's line-of-duty injury pay under this policy will be made following
the employee's return to work or at the expiration of the period for which line-of-duty
injury pay is provided.
Section 2. It is the intention of the parties that nothing in this Agreement shall
interfere with the normal procedures under the Workers' Compensation Laws or the
requirements of the City's workers' compensation insurance carrier. Should any language of this
Agreement conflict with provisions of the Workers' Compensation Law, the provisions of the
Law shall prevail. An employee may choose his/her approved Workers' Compensation treating
physician if prior approval is obtained through the Risk Management Division.
Section 3. If an employee is killed in the line of duty, the City shall pay to the spouse,
or if there is no surviving spouse, the estate, of such deceased employee his/her accumulated
severance pay. Within 48 hours of the death of the employee, the City shall deliver to the sfouse
or surviving children or the employee's dependent beneficiary a check for the sum 0 one
month's current salary of the employee.
Section 4. Upon return from working a fire, the employee may request a physical
examination by the City physician to ensure the employee is stable and capable of returning to
work. This right may be rescinded on an individual oasis if repeatedly abused.
Section 5. Failure to immediately report a line-of-duty injury to the employee's
immediate sUFervisor or to the Risk Management Division within 24 hours of the time of
occurrence of the injury shall result in a loss of allline-of-duty pay under Article 19 unless such
failure to report was: (a) caused solely by and as a direct result of the employee's injuries or
(b) resulted from the occurrence of an event over which the employee had no control in the
opinion of the City Manager.
Page 29.
ARTICLE 23
EM;S CLASSIFICATIONS
Section 1. The paramedic classifications of Firefighter/Paramedic, Firefighter/
LeadMedic, and Fire Lieutenant Rescue/Paramedic are employees within the City's Fire
Department who are appointed by the Department to perform emergency medical services in an
emergency medical services program and who have successfully completed and passed a
Paramedic training program recognized by: the Department and approved DY Florida Statute and
the Pinellas County Medical Director's office. A FirefighterlLeadMedicis a classification which
is responsible for maintaining EMS equipment and is designated in charge of an ALS Unit in the
area of medical procedures and patient care.
Section 2. Should the City cease to operate emergency medical services, those
employees classified as Firefighter/Paramedic, FirefighterlLeadMedic, or Fire Lieutenant
Rescue/Paramedic shall continue to be employed by die City on the same basis as any other
employee in the bargaining unit, provided that employees who are demoted to the classifications
of Firefighter and Fire Lieutenant shall have their compensation fixed at the step in the respective
range to which they would have been entitled had their previous employment with th.e City
been in such lower class.
Section 3.
Wages
A. All employees shall receive pay in accordance with Appendix A, Pay and Compensation.
B. Employees of the Department who currently receive "grandfathered" E.M.T. pay shall
continue to receive such pay, provided the employee meets additional certification as
required by Pinellas County EMS System and retains his/her state and county
certification as an E.M.T. If a "line" Firefighter or Fire Lieutenant is receiving 5%
"grandfathered" E.M.T. pay and is subsequently promoted or assigned in an acting
capacity to FirefighterlParamedic, FirefighterlLeadMedic, or Fire Lieutenant Rescue/
Paramedic, said employee shall receive the appropriate promotional or acting pay and the
"grandfathered" E.M.T. pay shall be deemed to be incorporated therein.
C. Employees who are state and county certified as an E.M.T. and assigned on an ALS unit
will receive E.M.T. pay provided the unit is not staffed with two Paramedics.
D. The Department agrees to publish a semiannual list of the dates of expiration of all
E.M. T. and Firefighter/Paramedic certifications.
Section 4.
Promotion and Demotion as Firefighter/Paramedic.Firefighter/
LeadMedic. and Fire Lieutenant Rescue/Paramedic
A. The promotion of employees shall be in accordance with Article 19, Section 4,
Appointments. The City, with input from the Union, shall prepare a competitive
examination for promotion. The Union committee shall consist of one Firefighter/
Paramedic, F irefighterlLeadMedic, or Fire Lieutenant Rescue/Paramedic per shift.
B. The demotion of a FirefighterlParamedic, FirefighterlLeadMedic, or Fire Lieutenant
Rescue/Paramedic shall not be subject to the contractual grievance procedure or Civil
Service appeal procedure when the demotion is based upon clinical or ethical issues in the
judgment of th.e Fire Chief and staff and! or the office of the Medical Director of Pinellas
County and as defined in the County Rules and Regulations governing EMS.
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Page 30.
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C. The demotion of a Firefighter/Paramedic, Firefighter/LeadMedic, or Fire Lieutenant
Rescue/Paramedic shall not be subject to the contractual grievance procedure or Civil
Service appeal procedure when the demotion is based upon the judgment of the
Department that the removed Firefighter/Paramedic, Firefighter/LeadMedic, or Fire
Lieutenant Rescue/Paramedic was not performing to the standards desired by the
Department or the Pinellas County Medical Director.
D. The demotion of a Firefighter/Paramedic, Firefighter/LeadMedic, or Fire Lieutenant
Rescue/Paramedic shall be subject to the contractual grievance procedure or the Civil
Service appeal procedure only if such demotion is the result of a disciplinary action.
E. The Arbitrator shall not have the power to substitute his/her judgment for that of the
Department or the Medical Director with whom Firefighter/Paramedics, Firefighter/
LeadMedics, and Fire Lieutenant Rescue/Paramedics work in relation to performance of
employees to the standards of excellence desired by the City or the Medical Director.
Section 5. The parties agree that Firefighter/Paramedics, Firefighter/LeadMedics,and
Fire Lieutenant Rescue/Paramedics are healthcare professionals but shall not be considered
"professional" employees within the meaning of the Florida Public Employees Relations Act.
Section 6. If the application of this Article, or any part thereof, whether or not
relating to pay, is superseded by action of a superior governmental azency, then the City will be
absolved of complying with this Agreement to the extent of the conflict.
Section 7.
Temporary Reassignment
The Fire Chief shall determine when a Firefighter/Paramedic,Firefighter/LeadMedic, or
Fire Lieutenant Rescue/Paramedic is eligible to transfer temporarily from an ALS unit without
loss of payor a demotion for the purpose of employee development.
ARTICLE 24
FIREFIGHTER/DRIVER-OPERATOR
Section 1.
Classification
The classification of Firefighter/Driver-Operator shall be created for those employees
within the Fire Department who are the drivers and operators of the following type vehicles:
Fire Engines, Aerial Apparatus, and Squad.
Section 2.
Seniority
All employees currently regularly assigned as Driver/Operators shall be reclassified as
Firefighter/Driver-Operator and their pay shall continue. In addition, all current
Driver/Operators shall have their seniority of position established at the date they were assigned
to the position as a regular assignment.
Section 3.
Future Appointments
All future Firefighter/Driver-Operator positions shall be filled by a promotional process.
The minimum qualifications shall be determined by the Department.
Page 31.
Section 4. Pay
A. pay classification representing an increase of 5% over Firefighter salary shall be
established.
Section 5. Amend Personnel Practices
Article 19, Personnel Practices, has been amended to include the references to tm
position for all language concerning promotions and demotions.
ARTICLE 25
WORK SCHEDULE
Section 1.
A.Combat Division: Shifts to start at 8:00 A.M. and end at 8:00 A.M. the followin~
morning. Total: 24 hours. Combat Division to consist of three shifts: "A", "B", anc
"C", who will work in the following rotation (see sample monthly work schedule below).
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 work 2 off 3 work 4 off 5 work 6 off 7 off
8 off 9 off 10 work 11 off 12 work 13 off 14 work
15 off 16 off 17 off 18 off 19 work 20 off 21 work
22 off 23 work 24 off 25 off 26 off 27 off 28 work
29 off 30 work, etc.
B. Inspection Division: Fire Inspectors will work in shifts of 8:00 A.M. to 4:30 P.M. and
7:30 A.M. to 4:00 P.M., Monday through Friday, with a 30-minute lunch break for eacb
inspector. The Chief reserves the right to assign the necessary personnel to each shifi
which, in his/her judgment, provides for most effective departmental operations. Th(
Inspectors' work schedule will not be changed arbitrarily.
Section 2. Notwithstanding any provision to the contrary, the City retains the righl
to adjust work schedules only for the purpose of complying with the Fair Labor Standards Act
without providing additional compensation for regularly scheduled hours. Prior to making any
such change, the City shall provide the Union not less than 20 days' notice and, if requested
bargain with the Union concerning the change; provided, further however that snould c
mutually agreeable schedule not be reached within 30 days of the Union's being notified of th(
City's intent to change the schedule, the City's revised schedule may be implemented whil(
bargaining continues and the matter of schedule change shall not be grievable under thi~
Contract.
Section 3. Department policy may require scheduling of mandatory overtime. A list
shall be maintained so as to equalize overtime to the extent practicable. The selection of certifiec
and! or trained individuals may be required and shall be allowed. The current practices regarding
overtime compensation shall be paid as defined in this Agreement.
Section 4. Employees within the Department may exchange on-duty time upon th(
following conditions:
Page 32.
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A. That the person filling in be acceptable to the company officer and shift commander prior
to the change.
B. That the persons desiring the exchange notify the company officer of the anticipated
change not less than. 48 hours prior to the start of the anticipated change unless such
exchange arises under emergency situations.
C. That no person may be allowed to exchange more than 72 hours per fiscal year unless the
District Chief in his/her discretion allows persons to exceed such limitation.
D. That the member working the time will be covered by all applicable benefits in case of
injury while filling in, but will not receive pay for this period.
E. If the person agreeing to loan or fill in time is sick or fails to appear for the exchange,
his/her sick leave account or pay will be charged.
F. The person agreeing to fill in for another member is obligated to remain on duty in the
absence of the person with whom the exchange is made.
G. Notwithstanding any provision to the contrary above, the City shall not be required to
allow an exchange if doing so would impose upon the City liability for any additional
overtime compensation over what persons may otherwise be entitled to. Prior to
discontinuing the exchange allowance for this reason the City shall notify the Union
concerning tIie legal basis for the decision to do so.
H. Time exchange is subject to a one hour minimum and at one hour increments. Any
premium of acting pay shall be in accordance with Departmental policy.
Section 5.
Overtime / Court Time
A. When an employee is called in at least 30 minutes prior to the start of his/her regularly
scheduled shift, he/she will be paid a minimum of four hours at the overtime rate of pay.
The City may require the employee to remain on duty for the duration of the four liour
period or for as long as he/she is needed, at the option of the City.
B. When an employee is held over past the end of his/her regularly scheduled shift, the time
held over shall be counted as time worked. Should such holdover exceed 30 minutes, the
employee shall be guaranteed a minimum of two hours pay at overtime rate. The City
may require the employee to remain on duty for the duration of the two-hour period or
for as long as he/she is needed, at the option of the City.
C. Any employee whose appearance is required in Circuit Court or County Court as the
result of a matter arising out of the course of his/her employment, shall receive a
minimum of two hours pay if such attendance is during the employee's off-duty hours.
This time will be counted as hours worked toward tne calculation of overtime. This
same provision shall also apply when the employee is subpoenaed to appear at the State
Attorney's Office, Public Defender's Office, or a private attorney's office, in a criminal
case arising from the employee's course of employment. However, this provision shall
not appJy when an employee or the Union has brought an action against the City or any
City official.
Page 33.
ARTICLE 26
WORK RULES AND PREVAILING RIGHTS
Section 1. It is understood and agreed by both parties that the duties performed by
members of the bargaining unit cannot always be covered by job descriptions and, therefore,
members of the bargaining unit may be required to perform duties in addition to all those listed
within the current job descriptions which are, in the judgment of the City, related to the
purposes of the Fire Department, which judgment shall not be arbitrary, capricious or
unreasonable.
Section 2. Any Fire Department Rule or Regulation in conflict with this Agreement
shall be of no force and effect.
Section 3. Prior to the implementation of any changes in the existing Fire Department
Rules and Regulations, the Fire Chief must provide ten days notice. If requested by the Union,
the change will be referred to the Conflict Resolution Committee which shall promptly meet
and discuss such change. The rule will be implemented after the initiallO-day notice unless the
time is extended by tne Chief. The issue of whether such change conflicts with this Agreement
shall be subject to the grievance procedure contained herein. The time for filing said grievance
shall commence on the date the r1.lle is implemented.
Section 4. All rights and working conditions, enjoyed throughoutthe Department by
the employees at the present time which are not included in this Agreement shall be presumed to
be reasonable and proper and shall not be changed by the City in an arbitrary or capricious
manner; provided that nothing contained herein shall limit the City's rights under sections 1, 2
and 3 of this Article or as expressly provided elsewhere in this contract.
Section 5.
Subcontracting
During the term of this Agreement, the City shall not subcontract out to private concerns
any fire suppression, Emergency Medical Service and rescue services of the Department. Any
action of tlie state of Florida or PineUas County to assume control of any basic fire suppression,
Emergency Medical Service or rescue services shall not be deemed subcontracting.
Section 6.
Indemnification
The City agrees to defend any employee when the employee is sued on any claim arising
out of his/her employment with the City and acting within the scope of his/her duties. The
employee agrees to cooperate in his/her defense.
The City also agrees to pay any judgment rendered against an employee for acts
committed when the employee is acting within the scope of his/her City employment, provided
that the employee did not act intentionally, with malice, or with gross negligence.
Section 7. Sports
All contact sports while on duty are prohibited including, but not limited to, basketball,
handball, etc.
Section 8. Lawn Maintenance
Employees covered by the contract shall not be required to perform lawn maintenance at
the fire stations.
Page 34.
ARTICLE 27
SENIORITY AND LAYOFFS
Section 1.
Seniority
A. Definition Seniority is hereby defined as the length of continuous service in City
em,ployment except as applied to vacation preference, promotions, layoffs, and
assIgnments.
B. How Measured
1. In the event an employee transfers from the Fire Department to another position
within the City and, at a later date, transfers back to the Fire Department, the
seniority date for the purpose of layoff, promotions and transfers, shall be the date the
employee transfers back into the Department.
2. AnI employee who transfers from another City department to the Fire Department
shall retain full City seniority with regards to vacation and sick leave accrual.
However, for purposes of layoff, departmental seniority shall prevail. In regards to
pay and pensions, the applicable civil service rules shall apply.
3. In the event two or more employees have the same seniority date, the employee
whose first letter of his/her last name is closest to the letter "A" shall have more
semonty .
4. The seniority list on the date of this agreement shall reflect names, job titles, and
seniority dates (departmental and City) of all employees.
5. The City will maintain a current seniority list at all times and will provide the Union
with copies of such list in December and June of each year.
6. Emergency, provisional, seasonal and temporary part-time employees shall not
accumulate seniority during any period of such employment.
C. Continuous service shall mean employment by the City in a position in the classified
service without interruption or break, except that the following shall not be considered as
breaks in employment:
1. Leaves of absence or time off with or without compensation granted pursuant to this
Con~ract. The .le~gth of any such .le~ve shall not be deducted from the length of
COntlllUOUS servIce m computlllg semonty.
2. Layoffs for lack of work, lack of funds, abolition of position, or because of material
changes in duties or organization, not exceeding one year in length, followed by
reinstatement or by appointment from the reemployment list. The length of any such
lay<;>ff. shall not be deducted from the length of continuous service in computing
semonty .
3. Disability retirement if and when followed by reinstatement. The length of any such
disability retir~m~nt shall not be deducted from the length of continuous service in
computlllg semonty.
Page 35.
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4. Suspensions of less than three months in accordance with this Agreement. The length
of any such suspension of more than three months shall be deducted from the length
of continuous service in computing seniority.
5. Dismissals may subsequently be withdrawn or modified by the Appointing Authority
arbitration award, grievance decision or the Civil Service Board in accordance with
this Agreement.
6. Resignations subsequently withdrawn, in accordance with this Agreement, within six
months after acceptance, followed by reinstatement or appointment from the
reemployment list; provided, however, that the actual length of separation from the
se~ic~ shall be deducted from the length of continuous service in computing
semonty .
D. Uses - In addition to the circumstances and conditions wherein, by the provisions of
the Act and!or these Rules, seniority has been determined to be the controlling factor, it
shall also be given reasonable consideration in determining the order of layoff, the order
of names on a reemployment list and in promotions in accordance with the rules
governing those proceaures.
E. Transfer - In the event of a transfer or appointment.... from certification to another
department, an employee shall retain all accumulated seniority.
Section 2.
Layoffs
1.
2.
:1 3.
Ii
4.
5.
A. In the event of layoffs, all probationary status Firefighters shall be laid off before any
permanent status Firefighters or any Fire Lieutenants or Fire Prevention Inspectors. The
order of layo. ff of probationary Firefighters shall be determined by management
evaluations of the performance and potential of the employees.
B. In the event further layoffs are required, such layoffs shall be accomplished by class
groups of Firefighter, Fire Lieutenant and Fire Prevention Inspector. Notwithstanding
anything to the contrary contained in this Agreement, Management shall determine the
number of employees to be laid off and the class or classes involved. Within the involved
classes, layoffs shall be accomplished by the following groupings:
Group A - Employees with one through three years of service in the Clearwater
Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector.
Group B - Employees with four through six years of service in the Clearwater Fire
Department or as a Fire Lieutenant or as a Fire Prevention Inspector.
Group C - Employees with seven through nine years of service in the Clearwater
Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector.
Group D - Employees with 10 through 12 years of service in the Clearwater Fire
Department or as a Fire Lieutenant or as a Fire Prevention Inspector.
Group E - Employees with 13 through 15 years of service in the Clearwater Fire
Department or as a Fire Lieutenant or as a Fire Prevention Inspector.
Page 36.
6. Group F - Employees with 16 through 18 years of service in the Clearwater Fire
Department or as a Fire Lieutenant or as a Fire Prevention Inspector.
7. Group G - Employees with 19 or more years of service in the Clearwater Fire
Department or as a Fire Lieutenant or as a Fire Prevention Inspector.
All employees in Group A must be laid off before any employees listed in Group B;
all employees in Group B must be laid off before any employees listed in Group C;
etc. Within each group, employees shall be ranked by management and employees
laid off by the rank order established. Management rating of employees can be based
upon performance evaluations by management of the precedin~ 3-year period (if
available), suspensions and written reprimands, and physical abilIty to perform the
job. Employees classed as Fire Lieutenants or Fire Prevention Inspectors shall have
the right to accept a demotion to Firefighter and be placed in the. Group for
Firefighter based on total service with the Clearwater Fire Department. Management
will provide a list of the rank order within Groups prior to the layoff.
Section 3. If reduction in force requires the layoff of a lieutenant or inspector, the
affected lieutenant or inspector may, at his/her option, revert to the position he/she held prior
to his/her promotion to lieutenant or inspector. If this movement requires further reduction in
force, the same shall be accomplished in accordance with section 1 above and the process be
continued down through the ranks.
Section 4. No new employee shall be hired until the employee on layoff has been
given an opportunity to return to work at his/her original seniority date and position; provided,
that after one year of layoff the employee shall cease to accrue senionty and that such
reemployment rights shall cease after two years from the date of layoff.
Section 5~ The Fire Chief shall give written notice to the Human Resources Director
and to the affected employee(s) including the President of the Union, on any such proposed
layoff. Such notice shall state the reason thereof and shall be submitted 30 days before the
effective date of proposed layoff.
ARTICLE 28
PHYSICAL EXAMINATION
Section 1. Employees covered by this labor agreement who are 40 years of age or
older shall be required to undergo an annual physical examination as scheduled by the Fire
Department. In addition to the above, it is agreed by the parties that physicals for employees
covered by this labor agreement shall be given as follows:
Paramedics - annually
30 - 39 years of age - every 2 years
18 - 29 years of age - every 3 years
Section 2. The employer shall determine the extent of the examination and bear the
cost of each examination. The results of these physicals shall be made available to the City and
to each employee upon completion of the physical. Physicals shall include but not necessarily be
limited to the following:
Page 37.
ARTICLE 29
SUBSTANCE USE AND TESTING
Section 1. Voluntary .use of controlled substances which cause intoxication or
impairment on the job poses risks to the employer, the affected employee and their coworkers.
Section 2. All bargaining unit employees will be fully informed of the employer's
"For Cause Drug Testing Policy" before testing is administered. Bargaining unit employees will
be provided with information concerning the impact of the use of drugs on job performance.
District Chiefs and other management personnel will be trained to recognize the symptoms of
drug abuse, impairment and intoxication. The City will permit five employees selected by the
Union to attend such training class on City time.
Section 3. No bargaining unit employee will be tested for drugs or alcohol unless
there exists a reasonable suspicion that the bargaining unit employee to be tested is under the
influence of drugs or alcohol. The term "reasonable suspicion" shall, for the purposes of this
policy and section, be defined as follows:
A. Aberrant or unusual on-duty behavior of an individual employee that is observed on duty
by the emploree's immediate supervisor or higher ranking employee and confirmed by the
observation 0 another supervisory employee, managerial employee trained to recognize the
symptoms of drug abuse, impairment or intoxication (which observations shall be documented
by the observers), and this may include such common signs as the following:
Page 38.
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observed alcohol and/or drug use during working hours
unexplained work-related accidents or injuries
presence of physical symptoms commonly associated with substance abuse, such
as:
- impairment of motor functions
- slurred speech
- incoherent or irrational mental state
- drowsiness
- smell of alcohol or marijuana
- extreme weight loss
- red eyes
- running nose or sniffling
- frequent or extreme mood changes
- laCK of physical coordination
- deteriorating work performance and! or attendance problems not attributable to
other factors, such as:
- frequent absences or lateness
- unexplained absence from assigned work area
- frequent or extended visits to the restroom
- other marked, unexplained changes in personal behavior
B. Random or mass testing is prohibited, except where required by law. Other procedures
may be used where required by law. Any testing required by law will be sent to the
Union President, along with regulations for such implementation as required, at least 20
calendar days before such regulations are implemented. No drug testing may be
conducted without the written approval of the DepartItlent Director, or designee. The
Department Director, or designee, must document in writing who is to be tested and why
the test was ordered, including the specific objective facts constituting reasonable
suspicion leading to the test being orderea, and the name(s) of any source(s), or all of this
information. One copy of this document shall be given to the bargaining unit employee
before he/she is required to be tested.
...
After being given a copy of the document, the affected bargaining unit employee shall be
allowed enough time to be able to read and understand the entire document.
Failure to follow any of these procedures shall result in the elimination of the test results
as if no test had been administered. The test results shall be destroyed, and no discipline
shall be levied against the bargaining unit employee.
Section 4. When a District Chief or other supervisory personnel has reasonable
suspicion to believe that a bargaining unit employee is using, consuming, or under the influence
of an alcoholic beverage, non-erescribed controlled substance (other than over-the-counter
medications), and! or non-rrescnbed narcotic drug while on duty, the District Chief or other
supervisory personnel wil notify the Department Director, or designee, for the purpose of
oDservation and confirmation of the employee's condition. If the Department Director, or
designee, after observing the employee, also has reasonable suspicion to believe that the
employee is using, consuming, and! or under the influence of an alcoholic beverage, non-
prescribed controlled substance, or non-prescribed narcotic drug while on duty, then, by a
written order signed by both the employee's immediate District Chief or other supervisory
personnel and the Department Director, or designee, the employee may be ordered to submit to
toxicology testing designed to detect the presence of alcohol, chemical adulteration, marijuana
metabolites, opiates, amphetamines and phencyclidine in accordance with the procedure set forth
below.
Page 39.
A. Any employee subjected to such test shall. be removed from duty pending the result of
such test, and such employee shall continue to receive his/her regular pay and benefits
pending test results. .
B. Refusal to submit to toxicology testing after being ordered to do so shall result in
disciplinary action.
Section 5. Blood and Alcohol Test Procedure
The following procedure shall apply to blood and urine tests administered to bargaining
unit employees.
A. The employer may request urine or breath samples except when the employee has been
involved in an accident covered by the City's workers' compensation resulting in injury
to him/herself, in which case a blood sample may be requirea. The employee, at his/her
sole option, shall, upon request, receive a blood test in lieu of a urine or breath test.
Urine and blood specimens shall be drawn or collected at the laboratory, hospital or
medical facility. When requested by the employee, a Union representative shall be
allowed to accompany the employee to the test and observe the collection bottling and
sealing of the specimen. All specimen containers, vials, and bags used to transport them
shall De sealed with evidence tape and labeled in the presence of the employee and the
Union representative (if one has been requested). The chain of custody recommended by
the Florida Health and Rehabilitative Services Department will be met or exceeded.
B. All testing shall be done by a laboratory certified by the State of Florida as a medical and
urine drug testing laboratory which complies with the Scientific and Technical Guidelines
for Federal Drug Testing Programs and the Standards for Certification of Laboratories
engaged in Drug Abuse and Mental Health Administration of the U.S. Department of
Health and Human Services and is NIDA certified.
C. The following standards shall be used to determine what levels of detected substances
shall be consid~redas positive:
Drug
Screening Test
Immuno Assay
Amphetamines
1,000 ng/ml Amphetamine
Methamphetamine
Marijuana Metabolites 50 ng/ml Delte-THC
Cocaine Metabolites 300 ng/ ml Metabolite
Opiate 3300 ng/ ml Morphine
PCP 25 ng/ ml PCP
1 Delta-9-tetrahydrocannabinol-9-carboxy liGlcid
2 Benzoylecgonine
3 25 ng/ ml if immunoassay specific for free morphine
IntoxilizerTest For Alcohol
Alcohol .08
Confirmation
Gas Chromatography
/M,ass Spectrometry
500 ng/ ml GC-MS
500 ng/ ml GC-MS
115 ng/ml GC-MS
2150 ng/ ml GC-MS
300 ng/ ml GC-MS
25 ng/ ml GC-MS
Page 40.
D. AnI sample which has been adulterated or is shown to be a substance other than urine
shall be reported as such.
E. When an employee tests positive on the screening test (i.e., a drug or drugs is/are
detect. ed), a secoIld test, the Gas Chromatography/Mass Spectrometry, will be run on the
sample originally taken. If the second test does not detect the presence of a drug or drugs,
the second test shall prevail. When a urine or blood specimen for testing is obtained from
an employee by an independent medical facility selected by the City, a sufficient quantity
of the specimen shall be obtained for testing by the contract laboratory and a laboratory
designated by the Union or the employee. The sample shall be transmitted to the
contract laboratory and to the laboratory designated by the Union or employee as soon
as possible by the independent medical facility. These tests shall be made as soon as
possible by the laboratories. The Union or employee shall bear the cost of its separate
test.
F. If the results of the tests administered by the employer on the two samples show that the
employee, while on duty, was under the influence of or drank, smoked, ingested, inhaled
or injected alcoholic beverages, non-prescribed narcotics, marijuana, cocaine, PCP, or
non-prescribed amphetamines, appropriate discipline may be imposed by the employer
after the following procedures has been followed:
The employee shall be presented with a copy of the laboratory report before any
discipline is imposed. Tne Union and the employee shall then have 24 hours to present
to the employer any different results from the test of the sample conducted by a
laboratory selected by the Union. After considering the results of the third test
performed for the Union (if presented), the employer may discipline the employee.
A test result indicating the employee is under the influence of alcohol, or indicating the
use of illegal drugs or controlled substances (when taken without a prescription issued to
the employee or without being under the care of a physician or being taken other than in
complete conformance to the prescription), while on duty will result in the employee
being required to attend and complete an appropriate detoxification, alcohol or drug
abuse program. The employee shall be allowed to use sick leave in accordance witli
Article 19 of this agreement for absence from duties to attend any such appropriate
program. Should the employee not have sufficient accumulated sick leave to use for this
purpose, the employee shall be granted a leave of absence without pay to attend said
program. After completion of any detoxification program, the employee shall be subject
to three random blood tests anytime during a twelve-month period after completion of
detoxification. A positive test on any of these three tests will subject the employee to
discharge.
Section 6. Employees who seek voluntary assistance for alcohol and substance abuse
may not be disciplined for seeking such assistance. Requests from employees for such assistance
shall remain confidential and shall not be revealed to other employees or management personnel
without the employee's consent. Such employees shall be subject to all employer rules,
regulations and job performance standards, with the understanding that an employee enrolled in
such a program is receiving treatment for an illness.
Results to urine and blood tests performed hereunder will be considered medical records
and held confidential to the extent permitted by law. Tests shall only be performed for alcohol,
chemical adulteration, marijuana metabolites, cocaine metabolites, opiates, amphetamines and
phencyclidine and the laboratory shall only report on the presence or absence of these
substances.
Page 41.
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if
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Section 7. Over-the-Counter and Prescription Drugs
An employee who has been prescribed or issued a drug, for any medical or other
condition, which might in any way impair their ability to perform his/her job must immediatelI
notify their supervisor. The employer,in consultation with appropriate medical authority, shall
determine whether the individuci1 can work while taking the medication. If it is determined that
the individual is unable to perform his/her job without impairment caused by the medication,
the employee will be placed on sick leave or annual leave until the condition for which such
medication is being taKen is no longer present, or use of the medication causing impairment has
been discontinuea. However, prior to placing any employee on leave, reasonable
accommodation will be made to provide alternative assignments. If an employee is placed on
sick leave under this paragraph, such leave shall not be considered in placing the employee on a
doctor's certificate requirement until after two such incidents in a 12-month period.
ARTICLE 30
AMENDMENTS
This Agreement may be amended at any time by the mutual written consent of the
parties, but no such attempted amendment shall be of any force or effect until placed in writing
and executed by each party hereto.
ARTICLE 31
SEVERABILITY AND WAIVER
Section 1. Each and every clause of this Agreement shall be deemed separable from
ea.chand e.very 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 such event, such
clause or clauses only, to the extent only that any may be so in violation, shall be deemed of no
force and effect and unenforceable, without impairing the validity and enforceability of the rest
of the contract, including any and all provisions in the remainder of any clause, sentence or
paragraph in which the offending language may appear.
Section 2. The exercise or non-exercise by the City or the Union of the rights covered
by this Agreement shall not be deemed to waive any such right or the right to exercise them in
some other way in the future.
Section 3. In the event of invalidation of any article or section, both the City and the
Union agree to meet within 30 days of such determination for the purpose of arriving at a
mutually satisfactory replacement for such articles or sections.
ARTICLE 32
CONTRACT CONSTITUTES
ENTIRE AGREEMENT OF THE PARTIES
The parties acknowledge and agree that, during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals with
respect to any subject or matter included by law within the area of collective bargaining and that
all the understandings and agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of
this Agreement, each voluntarily and unqualifiedly waive the right to require further collective
Page 42.
bargaining, and each agrees that the other shall not be obligated to bargain collectively with
respect to any matter or subject not specifically referred to or covered by this Agreement,
whether or not such matters have been discussed, even though such subjects or matters may not
have been within the knowledge or contemplation of either or both parties at the time that they
negotiated or signed this Agreement. This Agreement contains the entire contract,
una.erstanding, undertaking, ana. agreement of the parties hereto, and finally determines and
settles all matters of collective bargaining for and during its term, except as may be otherwise
specifically provided herein. Howeve~, the parties agree that the City Employees Pension Plan
may be separately negotiated at any time upon mutual agreement of both parties.
ARTICLE 33
DURATION, MODIFICATION AND TERMINATION
This Agreement shall be effective as of October 1, 1997, and shall continue in full force
and effect until the September 30, 1999. At least 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 mod.ifY,
amend or terminate, as herein above set forth, will automatically extend the provisions and terms
of this Agreement for a period of one year, and each year thereafter absent notification.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals
tI ""'- day of J;..h.......7 _1997,
~.,.., ,,'t @
this
A TIEST:
CITY OF CLEARWATER, FLORIDA
BY~ ~
Mic ael J. Roberto, lty Manager
Approved as to form and correctness:
~. City Attorney
loner
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, Local 1158
WITNESSES:
f) ~ U,iJ j ImfU
.4!2.Jh ;J ~.6"/~
By ?d~~:
Patrick Shepler, President, Local 1158
Page 43.
APPENDIX A
WAGES
FiscalYear 1998
The City shall provide a 2% pay increase effective the first pay period of October .1997 and a
2% pay increase the first pay period in April 1998.
Fiscal Year 1999
The City shall provide a 2% pay increase the first pay period in October 1998 and a 2% pay
increase the first pay period in April 1999.
Page 44.
FIREFIGHTER
PAY RANGE F-02 (80/112 HOURS)
Step October, 1997 April, 1998 October, 1998 April, 1999
Biweekly Biweekly Biweekly Biweekly
1 $1,012.07 $1,032.30 $1,052.946 $1,074.005
2 $1,063.70 $1,084.97 $1,106.669 $1,128.803
3 $1,115.23 $1,137.53 $1,160.281 $1,183.486
4 $1,173.40 $1,196.87 $1,220.807 $1,245.224
5 $1,231.27 $1,255.90 $1,281.018 $1,306.638
6 $1,292.52 $1,318.37 $1,344.737 $1,371.632
7 $1,324.77 $1,351.27 $1,378.295 $1,405.861
8 $1,356.96 $1,384.10 $1,411.782 $1,440.018
9 $1,395.69 $1,423.60 $1,452.072 $1,481.113
10 $1,430.59 $1,459.20 $1,488.384 $1,518.152
11 $1,467.16 $1,496.50 $1,526.430 $1,556.959
12 $1,503.81 $1,533.88 $1,564.558 $1,595.849
FIREFIGHTER/DRIVER-OPERATOR
PAY RANGE F-04 (80/112 HOURS)
Step October, 1997 April, 1998 October, 1998 April, 1999
Biweekly Biweekly Biweekly Biweekly
1 $1,062.67 $1,083.92 $1,105.598 $1,127.710
2 $1,116.89 $1,139.22 $1,162.004 $1,185.244
3 $1,170.99 $1,194.41 $1,218.298 $1,242.664
4 $1,232.08 $1,256.72 $1,281.854 $1,307.491
5 $1,292.83 $1,318.69 $1,345.064 $1,371.965
6 $1,357.15 $1,384.29 $1,411.976 $1,440.215
7 $1,391.01 $1,418.83 $1,447.207 $1,476.151
8 $1,424.80 $1,453.29 $1,482.356 $1,512.003
9 $1,465.49 $1,494.80 $1,524.696 $1,555.190
10 $1,502.11 $1,532.15 $1,562.793 $1,594.049
11 $1,540.50 $1,571.32 $1,602.746 $1,634.801
12 $1,579.00 $1,610.58 $1,642.792 $1,675.647
FIREFIGHTER/PARAMEDIC
PAY RANGE F-08 (80/112 HOURS)
Step October, 1997 April, 1998 October, 1998 April, 1999
Biweekly Biweekly Biweekly Biweekly
1 $1,163.88 $1,187.16 $1,210.903 $1,235.121
2 $1,223.26 $1,247.72 $1,272.674 $1,298.128
3 $1,282.52 $1,308.17 $1,334.333 $1,361.020
4 $1,349.40 $1,376.39 $1,403.918 $1,431.996
5 $1,415.97 $1,444.30 $1,473.186 $1,502.650
6 $1,486.41 $1,516.13 $1,546.453 $1,577.382
7 $1,523.47 $1,553.93 $1,585.009 $1,616.709
8 $1,560.51 $1,591.72 $1,623.554 $1,656.025
9 $1,605.05 $1,637.15 $1,669.893 $1,703.291
10 $1,645.16 $1,678.06 $1,711.621 $1,745.854
11 $1,687.21 $1,720.96 $1,755.379 $1,790.487
12 $1,729.38 $1,763.97 $1,799.249 $1,835.234
FIREFIGHTER/LEAD MEDIC
PAY RANGE F-I0 (80/112 HOURS)
Step Octo ber, 1997 April, 1998 October, 1998 April, 1999
Biweekly Biweekly Biweekly Biweekly
1 $1,214.47 $1,238.76 $1,263.535 $1,288.806
2 $1,276.44 $1,301.97 $1,328.009 $1,354.570
3 $1,338.28 $1,365.04 $1,392.341 $1,420.188
4 $1,408.09 $1,436.24 $1,464.965 $1,494.264
5 $1,477.53 $1,507.07 $1,537.211 $1,567.956
6 $1,551.03 $1,582.06 $1,613.701 $1,645.975
7 $1,589.72 $1,621.51 $1,653.940 $1,687.019
8 $1,628.36 $1,660.93 $1,694.149 $1,728.032
9 $1,674.85 $1,708.35 $1,742.517 $1,777.367
10 $1,716.70 $1,751.04 $1,786.061 $1,821.782
11 $1,760.57 $1,795.79 $1,831.706 $1,868.340
12 $1,804.58 $1,840.66 $1,877.473 $1,915.023
FIRE LIEUTENANT
PAY RANGE F-12 (80/112 HOURS)
Step October, 1997 April, 1998 October, 1998 April, 1999
Biweekly Biweekly Biweekly Biweekly
4 $1,427.90 $1,456.46 $1,485.589 $1,515.301
5 $1,498.82 $1,528.79 $1,559.366 $1,590.553
6 $1,579.38 $1,610.96 $1,643.179 $1,676.043
7 $1,614.86 $1,647.16 $1,680.103 $1,713.705
8 $1,656.77 $1,689.91 $1,723.708 $1,758.182
9 $1,698.61 $1,732.58 $1,767.232 $1,802.576
10 $1,741.05 $1,775.87 $1,811.387 $1,847.615
11 $1,784.57 $1,820.27 $1,856.675 $1,893.809
12 $1,829.20 $1,865.77 $1,903.085 $1,941.147
FIRE LIEUTENANT RESCUE/PARAMEDIC
PAY RANGE F-13 (80/112 HOURS)
Step October, 1997 April, 1998 October, 1998 April, 1999
Biweekly Biweekly Biweekly Biweekly
4 $1,642.10 $1,674.94 $1,708.439 $1,742.608
5 $1,723.65 $1,758.12 $1,793.282 $1,829.148
6 $1,816.30 $1,852.63 $1,889.683 $1,927.476
7 $1,857.09 $1,894.23 $1,932.115 $1,970.757
8 $1,905.29 $1,943.39 $1,982.258 $2,021.903
9 $1,953.39 $1,992.46 $2,032.309 $2,072.955
10 $2,002.20 $2,042.24 $2,083.085 $2,124.7 47
11 $2,052.27 $2,093.31 $2,135.176 $2,177.880
12 $2,103.58 $2,145.65 $2,188.563 $2,232.334