AGREEMENTS FOR FISCAL YEARS 1994-95 1995-96 AND 1996-97
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AGREEMENT
between
CITY OF CLEARWATER
and
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO
FISCAL YEARS
1994-95
1995-96
1996-97
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TABLE OF CONTENTS
Paa:e No.
Preamble ................................................ 1
ARTICLE 1 Recogmtlon..................................... 1
ARTICLE 2 Representatives of Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE 3 City's Management Rights ........................... 2
ARTICLE 4 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE 5 No Strike . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE 6 Stewards...................................... 5
ARTICLE 7
Checkoff
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 8 No Discrimination ................................ 6
ARTICLE 9 Holidays...................................... 6
ARTICLE 10 Vacations...................................... 8
ARTICLE 11 Wages....................................... 11
ARTICLE 12 Personnel Practices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Section 1. Pay Plan . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Section 2. Promotional Examinations ................. 18
Section 3. Promotional Lists ...................... 21
Section 4. Appointments . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section 5. Probation ........................... 21
Section 6. Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . .. 22
Section 7. Absence Without Leave . . . . . . . . . . . . . . . . . .. 28
Section 8. Time Off From Duty .................... 28
ARTICLE 13 Posting of Agreement ............................. 29
ARTICLE 14 Bulletin Boards ................................. 30
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TABLE OF CONTENTS
Paa:e No.
ARTICLE 15 Work Schedule ................................. 30
ARTICLE 16 Work Rules and Prevailing Rights. . . . . . . . . . . . . . . . . . . . .. 32
ARTICLE 17 Seniority and Layoffs ............................. 32
ARTICLE 18 Paramedics.................................... 35
ARTICLE 19 Line-of-Duty Injury Pay . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
ARTICLE 20 Funeral Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
ARTICLE 21 Miscellaneous.................................. 39
ARTICLE 22 Physical Examination ............................. 43
ARTICLE 23 Substance Use and Testing .......................... 44
ARTICLE 24 Amendments................................... 49
ARTICLE 25 Severability and Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
ARTICLE 26 Contract Constitutes Entire Agreement of the Parties .......... 49
ARTICLE 27 Light Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
ARTICLE 28 Duration, Modification and Termination . . . . . . . . . . . . . . . . .. 51
Appendix 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Letters of Understanding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
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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 ~o as the "Union," for the purpose of promoting harmonious relations
between the City and the Union, 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. 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 Firefighters, Fire Lieutenants, and Fire
Prevention Inspectors shall be in the bargaining unit. All others shall be excluded.
Section 2. Should the City establish new job classifications within the Fire Department
that are to be in the bargaining unit, the City shall, not less than thirty (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 this 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 involve the City's
elected officials in the administration of this Agreement or otherwise in the operation of the
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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.
ARTICLE 3
CITY'S MANAGEMENT RIGHTS
Section 1. Except as expressly limited by any provision of this Agreement, the City
reserves and retains exclusively all of its normal and inherent rights with respect to the
management of its operations, 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 establish 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,
discharge 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. 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
GRIEV ANCE 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 writing the remedy sought to resolve the
gnevance.
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 statement of the 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 the United States, the State of Florida, and the Charter and Ordinances of the City of
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Clearwater. Newly hired probationary employees shall not have access to the Grievance
Procedure for any matter of discipline (including discharge). Any grievance by a permanent
employee relating to suspension or dismissal shall be initiated at Step 2.
On behalf of employees covered by this Agreement, the Union hereby waives any right
of these employees to resort to the Civil Service Board concerning any matter defined in this
Agreement. This shall specifically include grievances relating to suspensions, demotions, and
dismissals.
Grievances may be filed and processed by the Union except grievances of discipline
which must be initiated by the disciplined employee.
As used in this Article, the term "employee" may also mean a group of employees having
the same grievance. In such event, one employee shall be designated by the group of employees
to act as a spokesperson and shall be responsible for processing the grievance. All employees
in the group shall be identified, however, only the spokesperson needs sign the grievance.
STEP 1
The aggrieved employee shall present his/her grievance in writing to his/her District
Chief or Fire Marshal within twelve (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 and submit a decision in writing
to the aggrieved employee within twelve (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 twelve
(12) calendar days of the date of notification from the District Chief 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 twelve (12) calendar
days following receipt of the written grievance, meet with the aggrieved employee. The
aggrieved employee may be accompanied at this meeting by an IAFF representative. The Fire
Chief or his/her designee shall notify the aggrieved employee of his/her decision in writing not
later than twelve (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 twelve (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 twelve (12)
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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 3 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 twelve (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 (5) names
of qualified arbitrators. Within twelve (12) calendar days after the receipt of such a list,
representatives of the parties shall meet and each party shall strike two (2) names. The party
filing the grievance shall strike the first name, then the other party shall strike a name. The
process shall then be repeated and the remaining name shall be the arbitrator selected and
notified of his/her selection as arbitrator. As promptly as can be arranged, the arbitration
hearing shall beheld. 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 thirty (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 submitted in the grievance procedure.
Section 4. Formal processing of Grievance Initiated By City
Where any provision of this Agreement involves responsibility on the part of the Union
which, in the view of the City, is not properly being carried out, the City may present the issue
to the Union as a grievance. If such grievance cannot be resolved by discussion between the
City and the unit representative on an informal basis, the grievance may be formally filed in
writing by the City Manager or his/her designee by giving written notice to the business agent
of the Union. Such notice shall indicate the provisions of the Agreement which the City
contends is not properly being carried out by the Union. If not resolved within twelve (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.
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ARTICLE 5
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 6
STEWARDS
Section 1. There shall be one (1) Union Official in each district on each shift and one
for fire inspection.
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
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.
ARTICLE 7
CHECKOFF
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 thirty (30) days written notice to the City and
the Union.
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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 8
NO DISCRIMINATION
Section 1. The City and the Union specifically 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 against 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 9
HOLIDAYS
Section 1. The following holidays shall be observed:
New Year's Day
Martin Luther King Day
Memorial Day
Independence Day
Labor Day .
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
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The above listed holidays will be paid according to the current practice, 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:
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." 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:
(1) No employee may utilize floating holidays until thirty (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 30 shall
receive one floating holiday to be utilized during the year of hire. Persons employed after
October 30 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 will receive a lump
sum payment for his/her remaining holiday float balance.
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
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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.
Note: For employees on a 56-hour work week, the payment at 16.8 hours for floating holidays,
as provided in this Section, becomes effective with the second year of this Agreement. During
the first year of this Agreement, payment for floating holidays is at the rate of 11.2 hours per
day.
Section S. Each calendar year, members of the bargaining unit, working a 56-hour
work week, may elect to take one (1) floating holiday as "Personal Leave Time." Bargaining
unit members on a 40-hour work week may elect to take two (2) 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.
S6- Hour Personnel
1 four-hour block 2.7999 hours of regular pay
2 four-hour blocks - 5.5998 hours of regular pay
3 four-hour blocks 8.3997 hours of regular pay
4 four-hour blocks 11.1996 hours of regular pay
5 four-hour blocks - 13.9995 hours of regular pay
6 four-hour blocks - 16.8 hours of regular pay
40- Hour Personnel
1 four-hour block - 4 hours of regular pay
2 four-hour block - 8 hours of regular pay
ARTICLE 10
VACATIONS
Section 1. Vacation Leave
A. Every full-time or permanent part-time employee who is compensated on a salaried
or hourly rated basis shall be entitled to an annual vacation leave with pay at his/her regular
salary or hourly rate in accordance with the provisions hereinafter set forth.
B. The vacation year shall be a calendar year, and, except as hereinafter provided,
the vacation shall be deemed to have been earned in the calendar year immediately preceding
the calendar year in which it is taken or becomes due. Any vacation heretofore taken shall be
construed to have been earned prior to the time it was taken. Except when specifically
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requested by the department head and approved by the Human Resources Director, vacation
leaves may not be anticipated but shall be taken as herein provided.
C. A full-time permanent employee shall be deemed to have earned and be eligible
for his/her first vacation on the first anniversary date of his/her employment, provided that such
first anniversary date falls on or before the thirtieth day of September in that calendar year. In
the event that such employee's first anniversary date falls after September 30 in that calendar
year, the provisions of paragraph liD" hereunder will apply. The provisions of this paragraph
contemplate continuous service as hereinafter defined.
D. Thereafter, and during his/her continuous service as hereinafter defined, such
employee shall become eligible for a vacation on the first day of each succeeding calendar year.
E. In the event an employee is on a leave of absence without payor is absent because
of sick leave without pay, time off without payor vacation without pay and the total of such
absence or absences amounts to ninety (90) calendar days or more in any calendar year, the
employee shall not be deemed to have earned a vacation in that calendar year.
Section 2. Employees on the 56-hour schedule shall accrue paid vacation as follows:
1
4
7
11
15
18
3 years 6 duty days
6 years 7 duty days
10 years 8 duty days
14 years 9 duty days
17 years 10 duty days
more years 11 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)
Section 3. If a holiday occurs during a vacation period, the employee shall receive
holiday pay at the current rate.
Section 4. With the consent of the Department, vacations will be selected by
department seniority for regular vacations (6 duty days), with the senior employee on each shift
selecting first. Additional accrued vacation days will be selected by seniority, after regular
vacations have been scheduled. All vacation days and additional accrued days will be scheduled
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during the selection process. However, if an employee exercises his/her option to pass on
scheduling these days, he/she must request permission from the Fire Chief or his/her designee,
whose permission shall not be arbitrarily withheld, provided that:
(1) an employee who is scheduling his/her retirement in the year for which vacation
selection is being made may request of the Chief, in writing, that his/her additional accrued days
be withheld for use by or payment to the employee upon his/her retirement; or
(2) an employee may opt not to select additional accrued days, thereby forfeiting
his/her additional accrued day vacation selection preference rights, and may thereafter attempt
to schedule such days individually. If times are not available due to scheduling conflicts or
staffing needs, days not able to be scheduled during the calendar year shall be forfeited by the
employee.
Section 5. Employees becoming sick, injured or having a death in the family while on
vacation may use sick time or death leave for such period of illness or death providing the
employee calls the Fire Chief s Office during regular work hours to notify of such change of
time. After notifying the Fire Chiefs Office, the employee must confirm the request in writing
within seventy-two (72) hours. If the employee desires to use sick time, his/her illness or injury
must be verified by a physician's written statement relating the nature, time and duration of the
illness. Only duty days during such illness will be restored to vacation time. When the
employee returns from the illness or death leave, the employee will reschedule his/her vacation
and will follow all departmental rules and policies pertaining to the vacation selection process.
. Section 6. Any employee who is separated from service shall be compensated by check
for all unused vacation time accumulated at the regular rate of pay at the time of separation.
Section 7. Vacation Creditable Toward Retirement
In addition to accrual of vacation as provided herein, an employee in the bargaining unit
on a 56-hour schedule, four years prior to retirement in the City Pension Plan, can begin saving
and accumulating vacation leave earned up to five duty days annually to be paid at retirement.
The amount of accumulation in the vacation retirement bank shall not exceed twenty duty days.
An employee in the bargaining unit on a 40-hour schedule three years prior to retirement in the
City Pension Plan, can begin saving and accumulating vacation leave earned up to 50% annually
to be paid at retirement. The amount of accumulation in the vacation retirement bank shall not
exceed six weeks.
The employee must submit formal written notification of the intent to accumulate up to
five duty days for an employee in the bargaining unit on a 56-hour schedule and one-half of
annual vacation earnings for an employee in the bargaining unit on a 40-hour schedule of his/her
annual vacation earnings prior to the beginning of the calendar year in which such savings are
to commence and must provide the date the employee plans to retire. If the employee
subsequently elects not to retire as indicated, but to continue to work, one-half of the
accumulated vacation may be held in reserve (up to ten duty days for an employee in the
bargaining unit on a 56-hour schedule and up to three weeks for an employee in the bargaining
unit on a 40-hour schedule) until the employee does retire. The remaining one-half shall be
forfeited.
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ARTICLE 11
WAGES
Section 1. Pay Schedule
The City shall provide a four (4%) one-time payment effective the first pay period
following the approval of the contract; a three percent (3 %) general wage increase effective
October 1, 1995, and a three percent (3%) general wage increase effective October 1, 1996, by
adjustment of the bargaining unit wage schedule for each respective Fiscal Year. Biweekly pay
schedules shall be as follows:
BIWEEKLY PAY SCHEDULE BY FlSCAL YEAR
Firefi&hter
~ 1994-1995 1995-1996 1996-1997
0 1 935.27 963.33 992.23
1 2 982.98 1,012.47 1,042.84
2 3 1,030.60 1,061.52 1,093.37
3 4 1,084.35 1,116.88 1,150.39
4 5 1,137.83 1,171. 96 1,207.12
5 6 1,194.45 1,230.28 1,267.19
7 7 1,224.24 1,260.97 1,298.80
9 8 1,253.97 1,291.59 1,330.34
11 9 1,289.78 1,328.47 1,368.32
13 10 1,322.03 1,361.69 1,402.54
15 11 1,355.80 1,396.47 1,438.36
19 12 1,389.70 1,431.39 1,474.33
Fire Prevention Inspector/Fire Lieutenant
Step 1994-1995 1995-1996 1996-1997
1
2
3
4 1,319.54 1,359.13 1,399.90
5 1,385.08 1,426.63 1,469.43
6 1,459.53 1,503.32 1,548.42
7 1,492.32 1,537.09 1,583.20
8 1,531.04 1,576.97 1,624.28
9 1,569.70 1,616.79 1,665.29
10 1,608.92 1,657.19 1,706.91
11 1,649.16 1,698.63 1,749.59
12 1,690.39 1,741.10 1,793.33
Note: The above schedules reflect the normal progression within the step plan. Previous
contract agreements provided an eleven-step progression for firefighters and an eight-step
progression for Fire Prevention Inspectors and Fire Lieutenants. An additional step was inserted
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in the step progression plan as part of this contract agreement. (For firefighter that step is
integrated in the progression plan at year thirteen, effectively becoming Step 10). Conversion
into the new step progression was not based on cumulative years of service but was based upon
specified years of service in Steps 9, 10, and all. Employees at those steps as converted into
the new progression plan may require up to four additional years of service to reach the top step
in their class.
Note: Any employee with 13 years or more of service as of the effective date of this
agreement will follow the step progression plan listed under Section 2 instead of the years of
service indicated above.
Section 2. Pay Schedule Format: Merit & Longevity Step Increases
A. The fire fighter class shall have twelve steps: an entry step, five merit steps and
six longevity steps. Fire Prevention Inspector and Fire Lieutenants shall have nine (9) steps:
an entry step, two merit steps and six longevity steps. Merit steps shall provide for an
approximately five percent increase over the preceding step, and longevity steps shall provide
for an approximately two and one-half percent increase over the preceding step.
Pay increases up to and including Step 6 are not automatic but are management
review rates and may be granted only upon the recommendation of the Department Director and
Appointing Authority. Eligibility for review for within pay schedule increases shall be as
follows:
Appointment and Merit Step Review and Advancement:
Step 1 Original appointment or promotion
Step 2 At the end of one year of satisfactory service in Step 1.
Step 3 At the end of one year of satisfactory service in Step 2.
Step 4 At the end of one year of satisfactory service in Step 3.
Step 5 At the end of one year of satisfactory service in Step 4.
Step 6 At the end of one year of satisfactory service in Step 5.
If an employee's evaluation by management is satisfactory or higher, the approved merit pay
increase shall become effective as of the date of the employee's eligibility therefore, except as
provided in Section 3 below.
Loneevity Step Review and Advancement:
Step 7 At the end of two years of service in Step 6.
Step 8 At the end of two years of service in Step 7.
Step 9 At the end of two years of service in Step 8.
Step 10 At the end of two years of service in Step 9.
Step 11 At the end of two years of service in Step 10.
Step 12 At the end of four years of service in Step 11.
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Note: As provided in Article 12, Section 1, an employee promoted to Fire Prevention
Inspector or Fire Lieutenant shall be provided an approximately five percent (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. Base Pay and Regular Pay
A. Base rate of pay is defined as compensation at the rate prescribed for the job class
in the Pay Schedule.
B.
assigned.
Regular rate of pay is defined as base pay and any assignment pay if regularly
ARTICLE 12
PERSONNEL PRACTICES
Section 1. Pay Plan
A. An approximate five per cent increase over an employee's base pay shall be
provided upon promotion. (Five per cent is determined by taking the difference between the
employee's current base rate before promotion and the base for the same pay step two ranges
higher. )
B. If a Fire Fighter, Fire Lieutenant or Fire Prevention Inspector has been receiving
additional compensation over base pay under the provisions of Driver Operator assignment, or
Leadworker assignment and upon promotion, the application of an approximate five percent
increase over said base pay does not reflect an increase in overall compensation, such employee
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shall be placed in a pay step in the class to which promoted which will provide an increase over
the former regular pay.
C. If a Fire Fighter, 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 paragraphs A and/or B above and shall thereafter have the E.M.T. pay added
as a supplement to the new base pay in the higher class.
D. Paramedic pay shall not be considered in computing promotional payor placement;
however, paragraph C will apply in cases where the employee is a "grandfathered" E.M.T.
E. If a Fire Lieutenant who was "grandfathered-in" to E.M.T. pay by the original and
subsequent City-IAFF Contracts changes his/her status from "line" to "paramedic" or
"paramedic" to "line," the following shall apply to pay adjustment:
(1) If a "line" Fire Lieutenant or paramedic firefighter is reCeIVing 5%
"grandfathered" E.M.T. pay and is subsequently assigned to, and functions as, a "paramedic"
Fire Lieutenant or paramedic firefighter, said employee shall receive Paramedic pay and the
"grandfathered" E.M.T. pay shall be deemed to be incorporated therein.
(2) If a "paramedic" Fire Lieutenant or "paramedic" firefighter drops from the
paramedic program, whether voluntarily or involuntarily, said employee shall cease to receive
Paramedic pay. However, if such employee was a "grandfathered" E.M.T. the employee shall
then receive "grandfathered" E.M.T., provided he/she meets the requirements therefor.
F. Rate of Pay on Changes in Status - Each person who shall be inducted into a
position in the classified service shall receive compensation at the minimum rate prescribed 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
municipal function by another governmental agency, for lack of work generally, for lack of
funds, or for other causes beyond hislher control, shall have his/her compensation fixed at the
step in the range for the class to which hel she is demoted which is next lower than the base rate
which the employee previously received or at the highest step in the range of the class to which
he/she is demoted if that class maximum is less than the employee previously received. Such
employee shall be placed at the head of the reemployment list for the class from which he/she
was demoted. An employee who is demoted for any other reason, except disciplinary, shall
have his/her compensation fixed at the step in the range for the class to which he/she is demoted
to which he/she would have been entitled had his/her previous employment with the City been
in such lower class, provided, however, that not less than a five (5) percent reduction shall be
effected. In the event that a demotion is made as part of a disciplinary action, the employee
shall be placed in the step in the class to which the employee is demoted which is, in the
judgment of the Appointing Authority, consistent with the disciplinary action.
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(2) An employee who is transferred from a position of one class to a position in the
same class or to another position in another class of the same pay grade shall continue to be paid
at the same rate.
(3) An employee who is appointed from the reemployment list to a position in the
department in which he/she previously served shall be paid at the step in the pay range which
is equivalent to the step he/she was receiving when he/she was separated and shall be eligible
for advancement to the next step when he/she shall have been reemployed a sufficient number
of days to make up the number of days he/she lacked for eligibility at the time of separation.
(4) An employee who is appointed from the reemployment list to a position in another
department than that in which he/she was previously employed may be paid at the same step in
the pay range at which he/she was being paid when separated, or any step within the range
which is not above the step at which he/she was previously paid.
(5) Firefighters who have completed a minimum of three (3) years of service on the
Fire Department and successfully passed the Fire Department examination and/or test required
for driver-operator and have been recommended by the Fire Chief and approved by the
Appointing Authority, shall be paid, in addition to their base pay, driver-operator pay (See
Article 12, Section 1, G.) while regularly assigned to driver-operator duties. Seniority credit
will be granted to the candidate prior to computation of the final test grade. One-half point
credit will be added for each full year of department service, up to a maximum of five points.
G. Assignment Pay.
(1) Regularly Assigned
A. Employees shall receive, in addition to their base rate of pay, assignment pay
when the employee is Regularly Assigned the duties listed below.
1. Assigned as a Paramedic on a Rescue Unit 15% above the employee's current base
rate of pay.
2. Assigned as a Lead/Medic on a Rescue Unit 20% above the employee's current
base rate of pay.
3. Assigned as an E.M.T. on a Rescue Unit 5% above the employee's current base
rate of pay.
4. Assigned as a Driver-Operator on an Engine, Squad or Truck Company 5% above
the employee's current base rate of pay.
5. Assigned as a Biomedic on a Rescue Unit 17-1/2% above the employee's current
base rate of pay. * (See Paramedic section.)
B. The Fire Chief will provide each Shift with a list of Paramedics, Lead/Medics,
Biomedics, and Driver-Operators that are Regularly Assigned to the aforementioned positions.
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When one of the Regularly Assigned employees is off-duty, the District Chief will assign
another qualified employee to a Temporary Position.
(2)
Biomedic
Temporarily Assigned - Paramedic, Lead/Medic, EMT, Driver-Operator,
When an employee is Temporarily Assigned and temporarily performs the duties listed
above for 4 hours in a 24-hour shift, the employee will receive acting pay for all hours worked
except when an employee is Temporarily Assigned because of EMS training that is taught
outside of the City whereby the employee must be Temporarily Assigned for 10 hours or more
in a 24-hour shift to receive acting pay. Acting pay is defined as additional pay for performing
a function as a replacement for another employee normally regularly assigned to that function.
(3) Payment of Assignment Pay
A. Regularly Assigned: The Fire Chief will submit a Personnel Action Form (P.A.
form) to the Human Resources Department requesting assignment pay for those employees who
have been Regularly Assigned. Assignment pay for employees Regularly Assigned will be paid
on a biweekly basis.
B. Temporarily Assigned: Each employee that is Temporarily Assigned and qualifies
under provisions of G. (2) of this section will submit on his/her attendance voucher for those
hours worked in that acting assignment.
H. Acting Pay as Fire Lieutenant or District Chief.
(1) 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 during a 24-hour
shift, the employee shall receive 5 % above the employee's current base rate of pay for all hours
worked except when assigned in the higher position because of EMS training that is taught
outside of the City whereby the employee must act in the higher position for 10 hours or more
in a 24-hour shift to receive acting pay as provided above.
(2) Each employee that is assigned as an Acting Lieutenant or Acting District Chief
and qualifies under provision H. (1) of this section will submit on his/her attendance voucher
for those hours worked in that Acting position.
I. Assignment Pay Removal.
Assignment pay is provided to employees in the I.A.F.F. bargaining unit pursuant to
provisions of Article 12, Section 1, paragraph G and/or Article 18 of the Agreement between
the City and the I.A.F.F.
Assignment pay shall not be discontinued when an employee, because of a job-connected
illness, injury or incapacitation is on paid sick leave or working in a designated light duty job.
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Assignment pay shall not be discontinued during the approved vacation time of an active
employee.
Assignment pay shall cease to be paid to a bargaining unit member when:
(1) The employee is reassigned, transferred, demoted or promoted to any position not
involving the performance of the assignment function, or the assignment is removed by the
Department or other appropriate authority pursuant to provisions of the collective bargaining
Agreement. Assignment pay terminates at the time of the job function change or at the time of
the formal assignment removal.
(2) The employee becomes inactive by virtue of:
(a) Going on leave of absence or being laid off. Assignment pay terminates
immediately.
(b) Being suspended or relieved from duty without pay. Assignment pay terminates
upon the effective date of the suspension or date of being relieved from duty without pay, and
it is not paid during the time of suspension or absence because of being relieved from duty.
(3) The employee is in a non-pay status by virtue of having exhausted all paid time.
Assignment pay terminates immediately upon employee going to a non-pay status.
(4) The employee, due to a non-job-connected injury, illness or incapacitation is
unable to perform the job assignment function whether the employee is on sick leave with pay
or continues to work on a designated light duty job. Assignment pay terminates:
(a) After forty-five calendar days if the employee regularly received the assignment
pay for less than two years;
(b) After ninety days if the employee regularly received the assignment pay for two
years or more.
(5) The employee is dismissed. Assignment pay terminates immediately with the
effective date of termination of employment.
(6) The employee exercises a retirement option, other than vesting pension, whether
through lump-sum sick leave payment, extension of retirement date by use of sick leave, or
combinations thereof, provided that if the employee has worked on a designated assignment and
received assignment pay:
(a) For less than two years preceding the employee's last active day of work, the
employee shall, upon the retirement option, receive assignment pay as part of the retirement
benefit for the equivalent of the first forty-five days; the balance of lump sum sick leave payor
extended use of sick leave shall be computed without assignment pay;
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(b) For two years or more preceding the employee's last active day of work, the
employee shall, upon the retirement option, receive assignment pay as part of the retirement
benefit for the full period involved.
J. 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 twenty-seven (27) work period for employees in the
bargaining unit.
(2) All employees in the bargaining unit, with the exception of Fire Inspector, shall
be paid overtime only for all hours worked in excess of 204 hours during the designated twenty-
seven (27) day work period.
(3) Given that the parties have agreed to change the status of Fire Lieutenants and that
Fire Lieutenants shall be paid overtime for all hours worked in excess of 204 hours during the
designated twenty-seven (27) day work period, whereas previously the City asserted they were
exempt when they supervised two or more employees, it is acknowledged and agreed that the
Fire Department reserves and retains the right, and has the right, to assign said Fire Lieutenants
in accordance with provisions of this Agreement, including Article 3 (City Management's
Rights), without respect to the number of personnel, if any, supervised.
Section 2. Promotional Examinations
(This section applies to promotions to the position of Fire Lieutenant.)
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 mInImUm qualifications which may be required for admission to the
examination.
(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
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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.
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 for Fire Lieutenant 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)
position.
That the applicant fails to meet the established qualification requirements for the
(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 a 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 guilty of any cnme or infamous or notoriously
disgraceful conduct.
(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 decision.
E. Scope and Character of Examinations.
(1) Provisions applying to promotional examinations for Fire Lieutenant:
(a) All promotional examinations for the above designated position 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 position to which
appointment is to be made.
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(c) Examinations may be assembled or unassembled, 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.
(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 discountenanced and any such information which may
nevertheless be revealed shall be disregarded.
(2) Any promotional examination for Fire Lieutenant 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-half point credit will be added for each full year of department service, up to a
maximum of 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 passing grade for any examination.
When properly authorized and published or announced before the examination, such minimum
passing grade 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 fifteen (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.
H. Appeals from Ratings.
(1) Any candidate may, within fifteen (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
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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.
Section 3. Promotional Lists
(This section applies to promotions to the positions of Fire Lieutenant only.)
A. Promotion and Original Appointment Lists.
The names of all persons who may be lawfully appointed and who shall have attained a
passing grade on any promotional examination shall be placed on the appropriate promotional
or original appointment list in the order of their final grade without regard to time of tests. The
names of two or more eligibles having the same final grade shall be placed on the list by
arranging the names in alphabetical order in case of a list for original appointment, or by
arranging the names in order of seniority in the case of a list for promotion.
B. Duration of Lists.
All promotional eligible lists, whether resulting from examinations having a closing date
for receipt of applications or from continuous examinations shall be established for the term and
period of two (2) years from the date of the examination which established such eligibility.
Section 4. Appointments
When the Fire Chief requests a certification of eligibles for the purpose of appointments
for Fire Lieutenant, the Human Resources Director shall provide a certified list in accordance
with the process of open certification. Selection from the certified list shall be at the sole
discretion of the Fire Chief.
Section 5. Probation
A. A newly hired employee within the bargaining unit shall serve a probationary
period of twelve (12) months of active service during which he/she shall have the opportunity
to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the event
the employee is, for any reason, absent from duty for an accumulated period of one hundred
twelve (112) scheduled work hours or more, then all such time to the full extent thereof shall
be added to and thereby extend the probationary period. The employee shall attain permanent
status in the class, subject to approval by the City Manager, upon successful completion of the
probationary period and the submission to, and concurrence of the Fire Chief on a written
request for permanent status designation form.
An employee who, during the probationary period, does not demonstrate suitability for
the class, as determined by the Fire Chief, shall be notified in writing of the reason(s) and shall
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be terminated. An employee shall not have access to the grievance procedure regarding the
termination during probation.
B. An employee promoted to a class within the bargaining unit shall serve a
probationary period of six (6) months of active service during which he/she shall have the
opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job.
In the event the employee is, for any reason, absent from duty for an accumulated period of
fifty-six (56) scheduled work hours or more, then all such time to the full extent thereof shall
be added to and thereby extend the probationary period. The employee shall attain permanent
status in the class, subject to approval by the City Manager, upon successful completion of the
probationary period and the submission to, and concurrence of the Fire Chief on a written
request for permanent status designation form.
A promoted employee who, during the probationary period, does not demonstrate
suitability for the class, as determined by the Fire Chief, shall be notified in writing and shall
be demoted to his/her former classification. A promoted employee serving a probationary
period within the bargaining unit shall not be entitled to appeal his/her non-successful
probationary period and his/her return to his/her former position.
Section 6. Sick Leave
A. Members of the bargaining unit shall accrue sick leave in accordance with the
schedule below:
Year of Biweekly Number Accrual Rate New Hires New Hires
Contract Hours Of Days Per Pay Months Capped Hours Cawed
1994/95 80 14 4.308 9 1560.00
1995/96 80 13 4.000 7 1214.00
1996/97 80 12 3.693 7 1214.00
Year of Biweekly Number Accrual Rate New Hires New Hires
Contract Hours Of Days Per Pay Months Capped Hours Cawed
1994/95 112 14 6.031 9 2184.00
1995/96 112 13 5.600 7 1699.00
1996/97 112 12 5.170 7 1699.00
The number of yearly pay periods sick leave is accrued is twenty-six (26).
B. For employees hired prior to February 19, 1991, sick leave may be accumulated
for each of the twenty-six (26) accrual pay periods the employee actually works, up to a
maximum of 3360 hours which shall be deemed to include actual work and periods when the
employee is using accumulated sick leave (but not borrowed sick leave), holidays, vacation with
pay, and the no-Ioss-of-pay sick time. For employees hired on or after February 19, 1991, to
and including June 1, 1995, the maximum sick leave accrual shall be 2912 hours. For
employees hired after June 1, 1995, the maximum sick leave accrual shall be as per the schedule
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in Paragraph A. Employees shall not accrue sick leave during any other period of time when
they are in a non-work status.
C. All accumulated unused sick leave shall be credited to any employee recalled from
a layoff, transferred, or certified to another department or classification without break in
service, appointed from a reemployment list or returning from a leave of absence. If the
employee is promoted, demoted or transferred to another City position with a different
Scheduled Pay Period Hours other than that defined above, that employee's sick 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:
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
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1.0
F. Sick leave shall not be considered a privilege to be used at the employee's
discretion, but shall be used only for absences:
(1) Due to personal illness or physical incapacity caused by factors over which the
employee has no reasonable immediate control.
(2) Necessitated by exposure to contagious disease in which the health of others would
be endangered by his/her attendance on duty.
(3) Due to dental appointments, physical examinations, or other personal sickness
prevention measures, the scheduling of which at times other than during his/her regular working
hours is impossible or unreasonable.
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(4) Due to illness of a member of his/her immediate family which requires his/her
personal care and attention. The term "Immediate Family" as used in this paragraph shall mean
parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers, sisters or
husband/wife of the employee and the immediate family as herein referenced of the
husband/wife.
Sick leave will be accrued in the same manner that it is presently earned. An employee
may utilize his/her accumulated sick time due to an illness in his/her 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
immediate family is under a doctor's care and the doctor certifies that the employee's personal
care and/or attention is required, said time of absence shall not be considered as grounds for any
discipline, provided that:
(a) Personal sick leave is not used in excess of accumulated sick leave or sick leave
advance as provided for in section (H) of this Article;
(b) Employees being reviewed for excessive sick leave use will not have job related
injuries/illnesses, Workers' Compensation injuries/illnesses, or other injuries/illnesses verified
by a doctor's excuse used against them when determining excessive use of sick leave.
G. An employee absent for one of the reasons mentioned above shall inform his/her
immediate supervisor as early as possible on the first day of absence. Failure to do so may be
the cause for denial of sick leave with pay for the period of absence. In any event, the
Departmental Rules shall govern the notification requirements.
H. In the event that an employee's current illness or physical incapacity should
continue beyond the point where his/her accumulated unused sick leave has been exhausted,
he/she may, upon written request and subject to the approval of his/her Department Director
and City Manager, and when substantiated by a statement from competent medical authority
substantiating the continuance of such illness or incapacity, obtain a sick leave advance up to
but not exceeding the amount of accumulated unused sick leave which the employee had to
his/her credit at the time such current illness or physical incapacity began. The Human
Resources Director shall be immediately notified in writing of any such advance which is
approved and which shall be charged against the employee's sick leave account thereby creating
an overdraft position. Such overdraft shall have the status of a loan by the City to the employee
and shall be repaid:
(1) By the subsequent accumulation of sick leave in the amount necessary to retire
such loan, or
(2) By repayment to the City in cash in the amount necessary to retire such loan.
The employee shall not be entitled to use any additional sick leave until the loan has been
repaid and in the event of his/her separation prior to such repayment, the City shall retain from
the monies otherwise due the employee an amount sufficient to retire such loan. Provided,
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however, that if the separation is the result of the death of the employee, the loan shall be
forthwith canceled and no claim for repayment shall be filed against his/her estate. The
employee shall not accumulate sick leave while being paid with borrowed sick leave.
I. Upon separation from the City service, an employee shall be paid one-half (1/2)
of his/her accumulated unused sick leave, provided:
(1) That the rate of payment shall be based on the regular pay of the employee at the
time of separation for which his/her accumulated unused sick leave will be charged with twice
the number of regularly scheduled hours of work for that employee in such biweekly period.
If an employee is separated upon the termination of a leave of absence or the effective date of
a resignation executed under the provisions of paragraph (3) of this subsection, the rate of
payment shall be based on the regular biweekly salary of the employee at the beginning of
his/her leave of absence or the date the resignation was executed, and
(2) That at the time of separation, the employee has had at least five (5) years of
continuous service with the City. Leaves of absence without pay, suspensions and layoffs
followed by subsequent reemployment shall not be considered as breaks in service; provided,
however, that the length of such time off or layoff shall be deducted from the total length of
service except that military leaves and leaves during which the employees are receiving
Workers' Compensation salary supplement shall not be deducted, and
(3) That the separation is involuntary on the part of the employee to the extent that
it is occasioned by disability (incurred on or off the job) or that it is occasioned by action of the
City due to material changes in procedures or organization or for other reasons of like character
as distinguished from reasons such as voluntary separation to seek or accept other employment,
relocate, attend school, care for relatives or friends or reasons of like character. If the
separation is the result of the death of the employee, his/her estate shall receive payment. An
employee who has been dismissed for cause shall have no claim for sick leave payment.
Notwithstanding the foregoing provisions of this paragraph, an employee who may otherwise
be eligible for retirement under the City Employees' Pension Plan or Federal Social Security,
or who may be approaching such eligibility date, and whose purpose in leaving is to retire under
either program, may utilize one-half (1/2) of his/her accumulated unused sick leave to the extent
thereof to advance his/her retirement date, provided the employee was originally employed with
the City prior to October 1, 1988. 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 the employee's regular pay from which all regular payroll deductions shall be
made in order to preserve his/her retirement status. Employees hired on or after
October 1, 1988, shall not have an option at the time of their retirement to utilize any portion
of accumulated, unused sick leave to advance their retirement. Accumulated unused sick leave
will be charged as outlined in paragraph (1) of this subsection.
J. 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
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employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick
leave, for absences resulting from an injury arising out of and in the course of employment,
other than City employment, may be terminated or suspended, as in the City's judgment, is
appropriate.
K. 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 (6) calendar months of
continuous service following the date of original appointment.
L. The employee shall be required to submit evidence in the form of a medical
certificate, of the adequacy of the reasons for his/her absence during the period of time for
which sick leave is granted:
(1) When the illness of an employee necessitates an absence for three (3) consecutive
scheduled work days or more;
(2) When requested by the Department Director.
M. Whenever an employee has advance knowledge that he/she will require use of sick
leave of more than thirty (30) calendar days' duration, he/she shall submit a written request to
his/her immediate supervisor. On approval of the supervisor and Fire Chief, the request shall
be forwarded to the City Manager for his/her approval which must be secured prior to such
leave. Each request of this nature shall be supported by evidence in the form of a medical
certificate, of the adequacy of the reason for such sick leave. The City Manager may require
further medical reports from time to time on all sick leave in excess of thirty (30) calendar days.
N. An on duty employee injured in an accident, arising out of and in the course of
his/her City employment, may elect to be continued on the payroll to the extent of his/her
accumulated unused sick leave as hereinafter provided. An employee receiving sick leave with
pay under the provisions of this subsection who simultaneously receives income under the
Workers' Compensation Act shall receive, for the duration of such income and to the extent of
his/her accumulated unused sick leave, only that portion of his/her regular rate of pay (see
Article 11, Section 4) which will, together with said income equal his/her regular rate of pay
at the time of injury. In that event, the employee's accumulated unused sick leave shall be
charged only in the same proportion as his/her sick leave payment is to his/her regular biweekly
salary which shall be deemed to be that same proportion of the number of regular hours he/she
would otherwise have been scheduled to work for the day, week or other period involved,
rounded out to the nearest tenth of an hour.
O. The use of sick leave for purposes other than those designated herein will be
considered a major rule infraction.
P. Sick Leave Incentive Program.
In any full payroll calendar year period that a bargaining unit employee uses no sick
leave, the employee will be allowed to convert two (2) days of sick leave to two (2) sick leave
incentive days for use in the next payroll calendar year. (A payroll calendar year begins with
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the first day of the first pay period for the first pay check date in the calendar year and ends
with the last day of the last pay period for the last pay check in the calendar year.)
In any full payroll.calendar year that a bargaining unit employee on the 56-hour schedule
uses between one-tenth of an hour and forty-eight (48) hours of sick leave the employee will be
allowed to convert one (1) day of sick leave to one (1) sick leave incentive day for use in the
next payroll calendar year. In any full payroll calendar year period that a bargaining unit
employee on the 40-hour schedule uses between one-tenth of an hour and sixteen (16) hours of
sick leave, the employee will be allowed to convert one (1) day of sick leave to one (1) sick
leave incentive day for use in the next payroll calendar year.
If the sick leave incentive days are not used during the payroll calendar year to which
they are converted, the day(s) will be forfeited. (Sick leave incentive days are not included in
overtime calculations. ) Upon an employee's separation from the City, the employee will receive
a lump sum payment for his/her remaining sick leave incentive day balance.
Q. Leave Pool.
A joint leave pool will be established by members of the International Association of Fire
Fighters bargaining unit, such leave pool to be available for use by members subject to the
following provisions:
(1) The purpose of the leave pool is to provide leave to bargaining unit members who
face significant time off without pay due to a serious illness or injury, whether job-connected
or non-job-connected, or serious illness or injury to a family member covered under the family
sick leave policy. The leave pool may not be used for short time periods where an employee
may be without pay. Short time shall be defined as less than thirty (30) calendar days.
(2) A committee shall be formed and the committee shall determine use of the leave
pool days, subject to the above purpose and limitations.
(a) The committee shall consist of three (3) 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 and shall determine eligibility for and the amount of pool
leave time that may be provided to employees.
The committee may establish procedures, forms, and other rules necessary for its
effective operation, provided they are consistent with the provisions of this section.
(c) The committee's decisions are final and are not grievable.
(3) Bargaining unit members may donate days from their vacation balances to the
leave pool one time per year in January.
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(a) No employee shall be permitted to donate more than three (3) days of leave
per year to the pool.
In the event that the leave pool becomes insufficient to provide leave days, the
committee may, with the prior approval of the City Manager or designee, open up the
opportunity for additional donations to be made during the calendar year. This shall be limited
to one (1) time per year; however, the 3-day donation limit shall not be modified.
(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 eight-hour or
twenty-four 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. Absence Without Leave
A. Any employee who is absent from duty for two (2) consecutive work days without
notice and valid reason therefor 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 under 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 8. 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 when 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.
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(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 (1) 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 Disttkt 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- (4) hour increments. Any unused portion of the balance
is to be carried over into the next contract year.
Union officials utilizing union time shall not be eligible during the time of utilization for
Worker's Compensation benefits in case of injury. In any event, absence from duty for union
business shall not be approved which requires a union official to be off duty for periods in
excess of three (3) consecutive scheduled work shifts. Extension of any consecutive time off
for union officials, over and above the three (3) 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.
ARTICLE 13
POSTING OF AGREEMENT
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 seventy-five (75) days after such Agreement has been ratified
by all concerned parties, and distribute same to the Union; the Union agrees, within thirty (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 thirty (30) days of their becoming a bargaining unit
member. The City and the Union shall each bear one-half (1/2) 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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ARTICLE 14
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 review such posting, and if found to be outside
of the scope of this Article, such posting shall be modified 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 15
WORK SCHEDULE
Section 1.
Combat Division: Shifts to start at eight (8:00) A.M. and end at eight (8:00) A.M. the
following morning. Total: Twenty-four (24) hours. Combat Division to consist of three (3)
shifts: "A", "B", and "C", who will work in the following rotation (see sample monthly work
schedule below).
Sun. Mon. Tues. Wed. Thurs. Fri. Sat.
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.
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 thirty minute lunch break for each
inspector. The Chief reserves the right to assign the necessary personnel to each shift which,
in his/her judgment, provides for most effective departmental operations. The Inspectors' work
schedule will not be changed arbitrarily.
Section 2. Notwithstanding any provision to the contrary ~ the City retains the right 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 twenty (20) days notice and, if
requested, bargain with the Union concerning the change; provided, further however that should
a mutually agreeable schedule not be reached within thirty (30) days of the Union's being
notified of the City's intent to change the schedule, the City's revised schedule may be
implemented while bargaining continues and the matter of schedule change shall not be grievable
under this Contract.
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Section 3. The current practice of selecting individuals required for overtime work
shall be continued except that a list shall be maintained so as to equalize overtime to the extent
practicable. 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 the
following conditions:
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 forty-eight (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 seventy-two (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 the legal basis
for the decision to do so.
H. Time exchange is subject to a one hour minimum and at one hour increments.
Section 5. When an employee is called in at least thirty (30) minutes prior to the start
of his/her regularly scheduled shift, he/she will be paid a minimum of four (4) hours at the
regular rate of pay. The City may require the employee to remain on duty for the duration of
the four (4) hour period or for as long as he/she is needed, at the option of the City.
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 thirty (30) minutes,
the employee shall be guaranteed a minimum of two (2) hours pay. 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.
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ARTICLE 16
WORK RULES AND PREY AILING 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 the 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 rule is implemented.
Section 4. All rights and working conditions, enjoyed throughout the 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 I, 2
and 3 of this Article or as expressly provided elsewhere in this contract.
ARTICLE 17
SENIORITY AND LAYOFFS
Section 1. Seniority
A. Definition.
Seniority is hereby defined as the length of continuous service in City employment 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.
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(2) Any 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 seniority.
(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 Contract. The length of any such leave shall not be deducted from the length of continuous
service in computing seniority.
(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 layoff
shall not be deducted from the length of continuous service in computing seniority.
(3) Disability retirement if and when followed by reinstatement. The length of any
such disability retirement shall not be deducted from the length of continuous service in
computing seniority.
(4) Suspensions of less than three (3) months in accordance with this Agreement. The
length of any such suspension of more than three (3) months shall be deducted from the length
of continuous service in computing seniority.
(5) Dismissals which shall subsequently be withdrawn or modified by the Appointing
Authority or by action of the Board in accordance with this Agreement. The length of such
separation shall not be deducted from the length of continuous service in computing seniority.
(6) Resignations subsequently withdrawn, in accordance with this Agreement, within
six (6) months after acceptance, followed by reinstatement or appointment from the
reemployment list; provided, however, that the actual length of separation from the service shall
be deducted from the length of continuous service in computing seniority.
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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
procedures.
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
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 layoff 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 ten through twelve years of service in the Clearwater Fire
Department or as a Fire Lieutenant or as a Fire Prevention Inspector.
Group E: Employees with thirteen through fifteen years of service in the Clearwater
Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector.
Group F: Employees with sixteen through eighteen years of service in the Clearwater
Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector.
Group G: Employees with nineteen 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
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management of the preceding three 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 IX>sition 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 oPIX>rtunity to return to work at his/her original seniority date and IX>sition; provided, that
after one year of layoff the employee shall cease to accrue seniority and that such reemployment
rights shall cease after two (2) years from the date of layoff.
Section S. 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 thirty (30) days before
the effective date of proIX>sed layoff.
ARTICLE 18
PARAMEDICS
Section 1. A Paramedic is an employee within the City's Fire Department who is
assigned by the Department to perform emergency medical services in an emergency medical
services program and who has successfully completed and passed a Paramedic training program
recognized by the Department and approved by the local medical community as providing
advanced training in the D.O. T. Paramedic such as that offered at the St. Petersburg Junior
College, and who has met such other qualifications as may be established by the State of Florida
to be a Paramedic, or such other name as is attached to personnel performing the functions
contemplated by the parties hereto. A Biomedic, Lead/Paramedic is a Paramedic who is
assigned to maintain paramedic equipment.
Section 2. The titles of Paramedic, Biomedic and Lead Paramedic are not a separate
job classifications within the Fire Department and those employees assigned as
Paramedic/Biomedic, Lead/Paramedic shall continue in the rank they hold while being assigned
as Paramedic/Biomedic, Lead/Paramedic.
Section 3. No employee assigned as a Paramedic/Biomedic, Lead/Paramedic shall be
held ineligible to participate in promotional examinations held in the City's Fire Department nor
shall service as a Paramedic/Biomedic, Lead/Paramedic otherwise disqualify an employee from
promotion.
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Section 4. Should the City's Fire Department cease to operate emergency medical
services teams, those employees assigned as Paramedic (Firefighters or Fire Lieutenants) shall
continue to be employed by the City on the same basis as any other employee in the bargaining
unit. In such event, monetary incentives for Paramedic, Biomedic, and Lead Paramedic shall
be discontinued.
Section 5. Monetary Incentives
A. Employees assigned as Paramedics shall receive incentive pay in accordance to
Article 12, Section 1. G.
B. Employees of the Department who currently receive 5% incentive E.M.T. pay and
who are not assigned as Paramedics shall continue to receive such pay, provided the employee
meets additional certification as required by Pinellas County EMS System and retains his/her
state certification as an E.M. T.
C. Employees certified as an E.M. T. and assigned to replace a paramedic on a rescue
unit will receive E.M. T. pay in accordance to Article 12, Section 1. G.
D. The member of a Paramedic team assigned as Lead/medic will be the Paramedic
in charge of the rescue unit. The Lead/medic will be paid assignment pay in accordance to
Article 12, Sec.l,G.
NOTE: The position of Biomedic will be assigned to rescue units that have a Paramedic
Lieutenant assigned. As the Rescue Lieutenants are phased out and removed from the Rescue
Unit, the position of Biomedic will also be removed from the Rescue Unit. Anyone regularly
assigned or temporarily assigned as a Biomedic will be paid assignment pay in accordance to
Article 12, Section 1 G.
E. The incentive pay contained herein shall be calculated according to Article 12,
Section 1. G.
F. The Department agrees to publish a semiannual list of all E.M.T. and Paramedic
employees and the dates of expiration of their certification.
G. Those members becoming state certified will be eligible for E.M. T. Assignment
pay, in accordance to Article 12, Section 1. G. The member will be required to maintain
certification in order to be eligible to receive the Assignment pay.
Section 6. Assignment and Removal as Paramedic
A. The assignment of employees as Paramedics shall be at the discretion of the
Department.
The Fire Department, with input from the Union, shall prepare a competitive examination
for assignment to Lead/Paramedic. The Union committee shall consist of one (1) Senior
Paramedic per shift. The Union understands that Lead/Paramedic is not a promotional position
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or a separate job classification. The examination will specify the minimum qualifications and
define precisely the role (if any) merit evaluation, City seniority, Departmental seniority and
paramedic seniority would play in the competitive process.
B. The removal of the assignment as Paramedic/Biomedic, Lead/Paramedic shall not
be subject to the contractual grievance procedure or civil service grievance procedure when the
removal is based upon the judgment of the medical community with whom the
Paramedic/Biomedic, Lead/Paramedic works.
C. The removal of the assignment as Paramedic/Biomedic, Lead/Paramedic shall not
be subject to the contractual grievance procedure or civil service grievance procedure when the
removal is based upon the judgment of the Department that the removed Paramedic/Biomedic,
Lead/Paramedic was not performing to the standards desired by the Department or the medical
community .
D. The removal of the assignment as Paramedic/Biomedic, Lead/Paramedic shall be
subject to the contractual grievance procedure or the civil service grievance procedure only if
such removal is based on a determination by the Department that the employee is guilty of a
breach of discipline.
E. The Arbitrator shall not have the power to substitute his/her judgment for that of
the Department or the medical community with whom Paramedics/Biomedics, Lead/Paramedics
work in relation to performance of employees to the standards of excellence desired by the City
or the medical community.
Section 7. The parties agree that Paramedics/Biomedics, Lead/Paramedics are not
professional employees within the meaning of the Florida Public Employees Relations Act.
Section 8. If the application of this Article, or any part thereof, whether or not relating
to pay, is superseded by action of a superior governmental agency, then the City will be
absolved of complying with this Agreement to the extent of the conflict.
ARTICLE 19
LINE-OF-DUfY INJURY 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 Workers' Compensation Law and any other disability or other
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income plan provided by the City, either by law or by agreement, to the point where the sum
of the supplement herein provided and all other payments herein described equal the employee's
regular rate of pay (see Article 11, Section 4) at the time of the injury .
D. No compensation under this section shall be allowed for the first seven (7) calendar
days of disability; provided, however, that if the injury results in disability of more than twenty-
one (21) calendar days, compensation shall be paid from the commencement of the disability.
(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.
F. It is the intent of this section to provide supplemental compensation for line-of-duty
injuries only, and this section shall not be construed to provide compensation in the event of
death or injury incurred in any manner other than in the line of duty. 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
ninety (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 twenty-one (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 the point where the sum of
all payments is equal to the employee's regular base pay rate at the time of injury (see
Article 11, 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 11, Section 4). 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.
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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 forty-eight (48) hours of the death of the employee, the City shall deliver
to the spouse or surviving children or the employee's dependent beneficiary a check for the sum
of 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 basis if repeatedly abused.
Section S. Failure to immediately report a line-of-duty injury to the employee's
immediate supervisor or to the Risk Management Division within twenty-four (24) hours of the
time of occurrence of the injury shall result in a loss of allline-of-duty pay under Article 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.
ARTICLE 20
FUNERAL LEAVE
Section 1. Funeral Leave
A. An employee shall be allowed up to three (3) shifts off with pay in the event of
a death in the immediate family which shall be limited to spouse, child, parent, brother, sister,
stepmother, stepfather, stepchild, or mother-in-law or father-in-law. This is not chargeable to
sick leave.
B. An employee shall be granted up to two (2) shifts off with pay in the event of a
death in the family, specifically defined as grandmother, grandfather, grandchildren,
sister-in-law, or brother-in-law. This is chargeable to sick leave.
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.
Section 2. Any funeral leave, other than provided for in section 1 above, will be
governed by Article 12, section 6 E.
ARTICLE 21
MISCELLANEOUS
Section 1. 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,
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with the approval of the Insurance Committee. The Union agrees to participate with the
Insurance Committee in making decisions regarding life insurance.
Section 2. All members of the bargaining unit may wear the I.A.F.F. pin on their
uniforms.
Section 3. The City shall continue to provide the initial clothing and protective devices
currently supplied, or their equivalent, and initial safety equipment currently supplied, without
cost to the employee, as well as replacement for supplies damaged through normal wear and
tear. The employee will replace any lost or abused equipment that has been supplied by the
Department by purchasing the lost or abused equipment from the Department at the current
value of the lost or abused equipment.
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 shall 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 I.D.
City Gas Card
3 cell Flashlight (mag light)
Ouantity
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5
1
1
1
1
1
1
1
1
1
1
1
r
Section 4. During the term of this Agreement, the City shall not subcontract out to
private concerns any fire suppression and rescue services of the Department, provided, however,
that any action of the State of Florida or Pinellas County to assume control of any basic fire
suppression or rescue services for which the City has no authority to supersede shall not be
deemed subcontracting.
Section 5. The City shall provide and maintain reasonable training grounds and
facilities.
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Section 6. 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. All contact sports while on duty are prohibited including, but not limited
to, basketball, handball, etc.
Section 8. 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 9. Members of the bargaining unit shall be entitled to participate in the
City-wide tuition reimbursement program on the same basis as all other employees provided that
all classes are off-duty, except for promotional courses for the positions of Lieutenant and/or
District Chief where department policy as per General Order F.S. 33 will be followed.
However, the City and the Union may agree to pro rate such tuition reimbursement due to
scheduling conflicts.
Section 10. The Department shall counsel with any employee who is passed over by
another candidate on the list of promotions.
Section 11. Employees covered by this contract shall not be required to perform lawn
maintenance at the fire stations.
Section 12. 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 (2) hours pay if such attendance is during the employee's off-duty hours. 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 apply
when an employee or the Union has brought an action against the City or any City official.
Section 13. 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. (Effective October 1, 1994, the state's
reimbursement charge is 25 cents per mile. On October 1, 1995, this will increase to 29 cents
per mile.) 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 (2) Fire Stations. 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. The Department will post a reminder notice at least 30 days prior
to September 15. The money shall be paid by September 30 of each year. In the event that an
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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.
Section 14. Health Insurance
The City agrees to meet with the I.A.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 I.A.F.F. with such information as would be
required to formulate such a benefit package and to cooperate with the I.A.F.F. and other
unions to obtain pertinent information from the present carrier. Until a benefit package is
formulated and put into operation, the City agrees to continue the current benefits.
Any information received by either party from the Consultant or from another carrier will
be shared with the other party.
Section 15. All members of the bargaining unit who are actually working are required
to launder their own shirts, uniform trousers, uniform jackets and bedding. The City agrees to
compensate each employee $400.00 per year for fiscal year 1994/95; $475.00 for fiscal
year 1995/96; and $550.00 for FY 1996/97. 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. In the initial year of hire, the $400 shall be
prorated with the employee's laundry stipend being paid at $400 if hired October - December;
$300 if hired January - March; $200 if hired April - June; or $100 if hired July - September.
Section 16. All persons who commenced employment as fire fighter on or after
December 15, 1985, shall be required to maintain residence within the geographical boundaries
of Pinellas, Hillsborough, Pasco and Hernando Counties. This requirement shall continue
during their tenure within the fire service of the City of Clearwater, whether serving as a fire
fighter or in any position to which they may be promoted within the fire service.
Section 17. 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. It is understood that this committee in no way is a substitute for the grievance
procedure or the right of collective bargaining but has been established for the purpose of
discussion and input from both sides on matters which may eventually become items of
collective bargaining, grievances, or litigation.
Section 18. When a bargaining unit member is directed by the department to attend
classes, the member will be compensated for the hours spent in accordance with the law.
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Section 19. 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 ninety (90) calendar days for the
duration of this contract.
Section 20. No smoking or use of tobacco on or off the job shall be permitted for all
employees hired as Firefighter on or after December 15, 1985, as a condition of employment
and their continued employment within the fire service. Violation of this provision shall be
deemed just cause of disciplinary action by the City, up to and including dismissal.
ARTICLE 22
PHYSICAL EXAMINATION
Section 1. Employees covered by this labor agreement who are forty (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:
1. Stress EKG - where indicated and at discretion of examining physician.
2. SMA Profile 12 (liver, blood sugar, etc.)
3. Chest X-Ray
4. Complete Blood Count
5. Urinalysis
6. Rectal Cancer Exam
7. Doctor's Physical (eyesight, reflexes, hearing, throat, etc.)
8. Breast/Cervical Cancer Exam (Females)
9. Audiometric Evaluation
Section 3. The City agrees to pay all expenses for inoculation or immunization shots
for employees and members of an employee's family residing in his/her household when such
becomes necessary as a result of said employee's exposure to contagious disease where said
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employee had been exposed to said disease in the line of duty; provided that the employee first
makes all reasonable efforts to have this service performed at no cost by the County Health
Department.
Section 4. The parties agree that the physical condition of the employee is of great
concern to the employee and to the City. All employees whose physical fitness or medical
status is deemed deficient in some manner as a result of the physical examination shall be
advised by the Department and shall be encouraged to undertake a fitness rehabilitation program
in an effort to improve their physical fitness and health.
Section 5. Employees hired after October 1, 1988, shall be required to meet certain
designated standards as set forth in Appendix 1 and if found deficient in certain designated areas
thereof, shall be required to undertake a fitness rehabilitation program in an effort to improve
their physical fitness and health to the point consistent with the designated standards. Such
programs shall be commenced within thirty (30) days of the date that the employee was advised
by the Department of the deficiency. Such employees shall be subject to disciplinary action for
failure to participate in fitness rehabilitation programs as referenced herein.
ARTICLE 23
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 employee's immediate supervisor or higher ranking employee and confirmed by
the observation of another supervisory employee, managerial employee trained to recognize the
symptoms of drug abuse, impairment or intoxication (which observations shall be documented
by the observers), and this may include such common signs as the following:
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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 twenty (20)
calendar days before such regulations are implemented. No drug testing may be conducted
without the written approval of the Department Director, or designee. The Department
Director, or designee, must document in writing who is to be tested and why the test was
ordered, including the specific objective facts constituting reasonable suspicion leading to the
test being ordered, and the name(s) of any source(s), or all of this information. One copy of
this document shall be given to the bargaining unit employee before he/she is required to be
tested.
After being given a copy of the document, the affected bargaining unit employee shall
be allowed enough time to be able to read and understand the entire document.
Failure to follow any of these procedures shall result in the elimination of the test results
as if no test had been administered. The test results shall be destroyed, and no discipline shall
be levied against the bargaining unit employee.
Section 4. When a District Chief or other management personnel has reasonable
suspicion to believe that a bargaining unit employee is using, consuming, or under the influence
of an alcoholic beverage, non-prescribed controlled substance (other than over-the-counter
medications), and/or non-prescribed narcotic drug while on duty, the District Chief or other
management personnel will notify the Department Director, or designee, for the purpose of
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observation and confirmation of the employee's condition. If the Department Director, or
designee, after observing the employee, also has reasonable suspicion to believe that the
employee is using, consuming, and/or under the influence of an alcoholic beverage, non-
prescribed controlled substance, or non-prescribed narcotic drug while on duty, then, by a
written order signed by both the employee's immediate District Chief or other management
personnel and the Department Director, or designee, the employee may be ordered to submit
to toxicology testing designed to detect the presence of alcohol, chemical adulteration, marijuana
metabolites, opiates, amphetamines and phencyclidine in accordance with the procedure set forth
below.
A. Any employee subjected to such test shall be removed from duty pending the result
of such test, and such employee shall continue to receive his/her regular pay and benefits
pending test results.
B. Refusal to submit to toxicology testing after being ordered to do so shall result in
disciplinary action.
Section 5. Blood and Alcohol Test Procedure
The following procedure shall apply to blood and 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 required. The employee, at his/her sole
option, shall, upon request, receive a blood test in lieu of a urine or breath test. Urine and
blood specimens shall be drawn or collected at the laboratory, hospital or medical facility.
When requested by the employee, a Union representative shall be allowed to accompany the
employee to the test and observe the collection bottling and sealing of the specimen. All
specimen containers, vials, and bags used to transport them shall be sealed with evidence tape
and labeled in the presence of the employee and the Union representative (if one has been
requested). The chain of custody recommended by the Florida Health and Rehabilitative
Services Department will be met or exceeded.
B. All testing shall be done by a laboratory certified by the State of Florida as a
medical and urine drug testing laboratory which complies with the Scientific and Technical
Guidelines for Federal Drug Testing Programs and the Standards for Certification of
Laboratories engaged in Drug Abuse and Mental Health Administration of the U.S. Department
of Health and Human Services and is NIDA certified.
C. The following standards shall be used to determine what levels of detected
substances shall be considered as positive:
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DrUl!
Screenine: Test Confirmation
Immuno Assay Gas Chromatography
/Mass Spectrometry
1,000 ng/ml Amphetamine 500 ng/ml GC-MS
Methamphetamine 500 ng/ml GC-MS
50 ng/ml Delte- THC I 15 ng/ml GC-MS
300 ng/ml Metabolite 2150 ng/ml GC-MS
3300 ng/ml Morphine 300 ng/ml GC-MS
25 ng/ml PCP 25 ng/ml GC-MS
Amphetamines
Marijuana Metabolites
Cocaine Metabolites
Opiate
PCP
I Delta-9-tetrahydrocannabinol-9-carboxylic acid
2 Benzoylecgonine
325 ng/ml if immunoassay specific for free morphine
Intoxilizer Test For Alcohol
Alcohol
.08%
D. Any sample which has been adulterated or is shown to be a substance other than
urine shall be reported as such.
E. When an employee tests positive on the screening test (Le., a drug or drugs is/are
detected), a second test, the Gas Chromatography/Mass Spectrometry, will be run on the sample
originally taken. If the second test does not detect the presence of a drug or drugs, the second
test shall prevail. When a urine or blood specimen for testing is obtained from an employee by
an independent medical facility selected by the City, a sufficient quantity of the specimen shall
be obtained for testing by the contract laboratory and a laboratory designated by the Union or
the employee. The sample shall be transmitted to the contract laboratory and to the laboratory
designated by the Union or employee as soon as possible by the independent medical facility.
These tests shall be made as soon as possible by the laboratories. The Union or employee shall
bear the cost of its separate test.
F. If the results of the tests administered by the employer on the two (2) samples
show that the employee, while on duty, was under the influence of or drank, smoked, ingested,
inhaled or injected alcoholic beverages, non-prescribed narcotics, marijuana, cocaine, PCP, or
non-prescribed amphetamines, appropriate discipline may be imposed by the employer after the
following procedures has been followed:
The employee shall be presented with a copy of the laboratory report before any
discipline is imposed. The Union and the employee shall then have twenty-four (24) hours to
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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 with Article 12 of this agreement for
absence from duties to attend any such appropriate program. Should the employee not have
sufficient accumulated sick leave to use for this purpose, the employee shall be granted leave
of absence, without pay, to attend said program. After completion of any detoxification
program, the employee shall be subject to three random blood tests anytime during a twelve-
month period after completion of detoxification. A positive test on any of these three tests will
subject the employee to discharge.
Section 6. Employees who seek voluntary assistance for alcohol and substance abuse
may not be disciplined for seeking such assistance. Requests from employees for such
assistance shall remain confidential and shall not be revealed to other employees or management
personnel without the employee's consent. Such employees shall be subject to all employer
rules, regulations and job performance standards, with the understanding that an employee
enrolled in such a program is receiving treatment for an illness.
Results to urine and blood tests performed hereunder will be considered medical records
and held confidential to the extent permitted by law. Tests shall only be performed for alcohol,
chemical adulteration, marijuana metabolites, cocaine metabolites, opiates, amphetamines and
phencyclidine and the laboratory shall only report on the presence or absence of these
substances.
Section 7. Over-the-Counter and Prescription Drugs
An employee who has been prescribed or issued a drug, for any medical or other
condition, which might in any way impair their ability to perform his/her job must immediately
notify their supervisor. The employer, in consultation with appropriate medical authority, shall
determine whether the individual can work while taking the medication. If it is determined that
the individual is unable to perform his/her job without impairment caused by the medication,
the employee will be placed on sick leave 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 discontinued. However, prior to placing any employee on leave, reasonable
accommodation will be made to provide alternative assignments. If an employee is placed on
sick leave under this paragraph, such leave shall not be considered in placing the employee on
a doctor's certificate requirement until after two such incidents in a 12-month period.
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ARTICLE 24
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 2S
SEVERABILITY AND WAIVER
Section 1. Each and every clause of this Agreement shall be deemed separable from
each and every other clause of this Agreement to the end that in the event that any clause or
clauses shall be finally determined to be in violation of any law, then and in 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 thirty (30) days of such determination for the purpose of arriving
at a mutually satisfactory replacement for such articles or sections.
ARTICLE 26
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 bargaining, and each agrees that the other shall not be obligated to bargain collectively
with respect to any matter or subject not specifically referred to or covered by this Agreement,
whether or not such matters have been discussed, even though such subjects or matters may not
have been within the knowledge or contemplation of either or both parties at the time that they
negotiated or signed this Agreement. This Agreement contains the entire contract,
understanding, undertaking, and agreement of 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. However, the parties agree that the City Employees Pension Plan
may be separately negotiated at any time upon mutual al!reement of both oarties.
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ARTICLE 27
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 be released by 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
or illness may be assigned to light duty.
Employees placed on light duty shall be reassigned to a 40-hour per week schedule and
shall perform duties as assigned by the Fire Department. 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 pay in lieu of holiday pay, and there will be a loss of premium pay after ninety (90)
calendar days only for off-duty injuries. Employees injured on duty and released for light duty
will continue to be paid premium pay.
All employees on light duty shall have all sick leave hours, floating holidays, and
vacations converted to a 40-hour schedule. On return to regular duty, all sick hours, etc. will
be returned to a 56-hour schedule. Forty-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
thirty (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 be limited.
In the event that changes in the Employees' Pension Plan are approved following the
collective bargaining process and City Referendum, this Article shall be modified consistent with
any approved Pension Plan changes relating to reasonable accommodation and job reassignment.
If after 30 days following implementation of changes in the Pension Plan as approved in the
collective bargaining process and City Referendum, the parties cannot mutually agree to changes
in this Article consistent with the Pension Plan changes, then this Article shall be deemed null
and void.
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ARTICLE 28
DURATION, MODIFICATION AND TERMINATION
This Agreement shall be effective as of the 15th day of May, 1995, and shall continue
in full force and effect until the 30th day of September, 1997. At least one hundred twenty
(120) days prior to the termination of this Agreement, either party hereto shall notify the other,
in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the
other party of intention to modify, amend or terminate, as herein above set forth, will
automatically extend the provisions and terms of this Agreement for a period of one (1) year,
and each year thereafter absent notification.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals
this '8 'f4..... day of June, 1995.
ATTEST:
CITY OF CLEARWATER, FLORIDA
.
. '
By ~ IH ~
Elizabeth . Dept a, City Manager
Approved as to form and correctness:
Countersigned:
f!l k- ~
Pamela K. Akin, City Attorney
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, Local 1158
WITNESSES:
By ~c:? /~
Van Horton, President, Local 1158
~)a/JJ~
~.... ;;::? 4:-
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APPENDIX I
The Physical Fitness Test for Firefighters is made up of four (4) major areas: Tests of Body
Composition, Tests of Spinal Mobility, Muscular Strength, and Cardiovascular Fitness.
The Tests of Body Composition includes four areas of the body that are tested with a skin calipers.
The skin is pinched and the amount of body fat is determined by the displacement of the calipers
on the Biceps, Triceps, Subscapular, and Suprailiac. The sum of the displacement of all four areas
can be no greater than 74 millimeters.
The Test of Spinal Mobility entails five parts (see 1-5 below):
1. The left lateral flexion of the trunk (two tries) and the right lateral flexion of the trunk (two
tries). The average of the best scores for the left and right are compared to the minimum
passing average of 24.85 em.
2. The left rotation of the trunk (two tries) and the right rotation of the trunk (two tries). The
average of the best scores for the left and right are compared to the minimum passing average
of 63.17 degrees.
3. Forward flexion (two tries), where the score needed to pass is a minimum best score of
37.55 em. .
4. Extension (two tries) where the minimum best score is 38.10 em.
5. A total Overall Spinal Mobility Point score is computed. Here the minimum needed to pass
is 204 points (total across the final scores of 1 - 4).
The Muscular Strength Test requires the participants to squeeze the hand dynamometer and exert
at least 40 kilograms of pressure to pass.
The Cardiovascular Fitness Test is made up of: (a) Spirometer (lung capacity test) -- these results
are sent to the Medical Clinic for interpretation at that site, and (b) Step test - participants pulse rate
is taken after a three minute step test, with the resting pulse rate not to exceed 114 beats per minute.
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LETTER OF UNDERSTANDING
This letter will acknowledge on behalf of the City of Clearwater that Lt. Jerry Worsham will
continue to receive pay as "headquarters lieutenant" as long as he continues to perform the functions
of "headquarters lieutenant. "
INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS, LOCAL 1158
CITY OF CLEARWATER
By:
By:
Date:
Date:
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LETTER OF UNDERSTANDING
This letter will acknowledge on behalf of the City of Clearwater, that Lt. Selby may continue to
accrue sick leave at this current rate until he retires or is otherwise separated from employment,
and that there will be no cap on Lt. Selby's sick leave accrual. This agreement is made solely
as to Lt. Selby and is made notwithstanding any provisions of our collective bargaining
agreement to the contrary.
INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS, LOCAL 1158
CITY OF CLEARWATER
By:
By:
Date:
Date:
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