UNION AGREEMENT - FISCAL YEARS 2003-2004
AGREEMENT
between
CITY OF CLEARWATER
and
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO
Local 1158
FISCAL YEARS
2003-2004
Preamble
ARTICLE 1
ARTICLE 2
0
ARTICLE 3
Section 1
Section 2
ARTICLE 4
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
Section 1
Section 2
Section 3
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
Section 1
Section 2
Section 3
Section 4
Section 5
TABLE OF CONTENTS
Pa2e No.
.............................................................................................................;..............1
Recognition....................................................................................................... .1
Representatives of Parties..................................................................................l
City's Management Rights................................................................................2
Management Rights ............................ ... ........ .............. ......................................2
Emergency Conditions .......................................................................................2
Grievance Procedure..........................................................................................2
Definition......................................................................................................... ..2
Filing................................................................................................................. .2
Arbitration.......................................................................................................... 4
Grievance by the City........................................................................................4
Time Limit Exceptions.................................................... ..................................4
Employee Filed Grievances ...............................................................................4
Labor-Management Committee.........................................................................5
Performance and Discipline ................ .................................... ...........................5
No Strike.................. ..........................................................................................5
Stewards............................................................................................................. 6
Shift Stewards.......... .............................................................. .............. ............ ..6
Access on Duty...................... ............................................................................6
I.A.F.F. Pins........................................ ...............................................................6
Checkoff (Union Dues). ... ........... ............ .............. .......... ..................... ............ ..6
Posting of Agreement........................................................................................ 7
Bulletin Boards .... ... ........... .............. ..... ............................ .................................7
No Discrimination............................... ........... ....................................................7
Holidays............... ................. ....... ............... ....................................................... 7
Observed Holidays.............................. ............................................................... 7
Floating Holidays....... .................................... .................................. ..................8
Selection of Floating Holidays & Sick Leave Incentive....................................8
Payment for Floating Holidays........ .............................. ...................... ..............9
Conversion to Personal Leave Time............. ............................................. ..... ...9
ARTICLE 14
A
B
C
D
E
F
G.
ARTICLE 15
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7.
Section 8
Section 9
Section 10
Section 11
ARTICLE 20
ARTICLE 21
TABLE OF CONTENTS
Pae:e No.
Vacations........................................................................................................... .9
Accrual of Vacations..........................................................................................9
Use of Vacation............................................................................................... .11
Accrual During Military Leave....................................................................... .12
Conversion to Other Leave........................................... ...................... ............ .12
Payment for Unused Vacation ............... ......................... ............................... ..12
Vacation Banking............................................................................... ........... ...12
Vacation Re-opener ..... ........ ....... .................................. ................................. ..12
Wages and Compensation........... ... .................................. .............................. ..13
Pay Schedule. ................................................................................................. ..13
Step Increases................................................................................................. ..13
Merit Step Review......................................................................................... ..14
Rates of Pay.... ..... ... ....... ............ ............ ....... ................................................. ..14
Laundry Stipend......................... ............. ....................... .......... ...................... ..14
Mileage Reimbursement................................................................................ ..15
Special Teams................ ............................................................................... ...15
Clothing and Equipment.. ................................... ........ ................................... ..16
Insurance.......................... .............................................................................. ..18
Training and Tuition Refund ..................................................... .................... ..18
Personnel Practices........ ................................................................................ ..19
Pay Plan Administration ............................................................................... ...19
Promotional Examinations.............................................................................. .21
Promotional Lists......... ................................................................................... .24
Appointments.. ........... ..... ...... ...... ... ................................................................ ..24
Probation......................................................................................................... .24
Sick Leave....................................................................................................... .25
Funeral Leave...................................................................................................3 0
Absent Without Leave ................................................................................... ..31
Time Off From Duty.... .................................................................................. ..31
Right To Contribute Work.................. ........................................................... ..32
Sick Leave Re-opener . ............... ................................ ..................................... .32
Retirement Advancement.................................................... ............................ .32
Light Duty................ ...................................................................................... ..32
ARTICLE 22
Section 1
Section 2
Section 3
Section 4
Section 5
ARTICLE 23
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
ARTICLE 24
Section 1
Section 2
Section 4
ARTICLE 25
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
ARTICLE 26
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
ARTICLE 27
Section 1
Section 2
Section 3
Section 4
TABLE OF CONTENTS
Page No.
Line-of- Duty Injury Pay............. .....................................................................3 3
Line-of- Duty Injury Pay..... ...... .......................................................................33
Conflict with Workers Compensation................. ...................... ........ ............. .34
Line-of- Duty- Death..... ....................... ........................................................... .34
Right to Request a Physical.. ..... ..................................................................... .34
Failure to Report Injury... ..... ............................... ........................................... .34
EMS Classifications......................................................................................... 3 5
Classifications Defined.... ..... .............. ............................ .................................35
Loss of EMS Services...... ..... .............. ......... ................... .................................35
Wages...... ..... ................. .... ......... ......................................... ........ ...... ....... ........35
Promotion and Demotion from EMS Classes..................................................35
Professional Status........ ... ................... ................................ .............................36
Imposed Changes............. ................... .............................................. ...............36
Temporary Reassignment ............................................... ................. ................36
Firefighter/Driver-Operator. ...... ................. ............. .......................... ..............36
Classification....................................................................................................3 6
Appointments................... .... ...................................................... ......................37
Wages.. ......... ............... .......... ..... ................. .......................... ............. ..............37
Work Schedule............ ....... .................................. .......... .... ..... .........................37
Shift and Inspection Schedules.. ...... ................ .......... ........ ................... ...........3 7
Work Schedule Adjustments..... .................................. ...................... ..... ..........37
Scheduling Overtime..... ..................................................................................3 7
Exchange of Duty Time (Swaps) ................ ............................ ....................... ..39
Overtime, Court Time.... ............... .............. ............................ ......... ......;....... ..39
Daylight Savings Time................... ...................................... ... ...................... ..40
Work Rules and Prevailing Rights.............. ............... .................... ..................40
Definition........................................................................................................ .40
Conflicts with Rules and Regulations ...... ................... ....... .............. ........... .....40
Notification of Changes.......................... ........................................................ .40
Existing Rights............. ....................... .... ............ ............................................ .41
Subcontracting ..... ............. ..... ..................... .......................... .... ...... ................ .41
Indemnification.... ............... ....... ................ ......... ............................................ .41
Sports Activities On Duty...... ..................... .............................. ....... ............... .41
Lawn Maintenance .............. ....................... ...... ............................................... .41
Seniority and Layoffs...... .... ....... ................ ... ...... ............... ................. ............ .41
Seniority Defined. ............... ..................... ....................................................... .41
Layoffs.............................................................................................................4 3
Reemplo)'lllent Rights...................................................................................... 44
30- Day Notification............ ....... .............. ....................................................... .44
ARTICLE 28
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
ARTICLE 29
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
ARTICLE 30
ARTICLE 31
ARTICLE 32
ARTICVLE 33
APPENDIX A
TABLE OF CONTENTS
Pa2e No.
Physical Examination....................................................................................... 44
Frequency of Physicals.................. ................................................................ ..44
Types of Exams........................................................ ..................... .................. .44
Immunization and Inoculations..................... ........ ...........................................45
Physical fitness................................................................................................ .45
Department Physician ................................................... ................................ ...45
Wellness Re-opener . ...... ............................................... ................................. ..45
Substance Use and Testing ............ ................ .................... ....................... .......45
Policy Statement......... ... ............................................................... .................. .45
Training in Program...................................................................... .................. .45
Reasonable Suspicion.................................................. ................................... .45
Determination of Testing .................................................................................46
Drug and Alcohol Test Procedure................. ....... ......... ............. ......................4 7
Voluntary Assistance........................................... .............................. ............. .48
Over-the-Counter and Prescription Drugs .......................................................48
Amendments ........... ...... ............. ..... ... .... ............................... .............. ......... ... .49
Severability and Waiver............................. ..................................................... .49
Contract Constitutes Entire Agreement of the Parties .....................................49
Duration, Modification and Termination........................................................ .50
Wages... .......... ........ ........... ......... .................................. ........ ....... ... ............ ........ i
PREAMBLE
This Agreement is entered into by the City of Clearwater, Florida, hereinafter referred to as the
"City," and Local 1158 of the International Association of Fire Fighters, AFL-CIO, hereinafter referred to
as the "Union". The Agreement has been negotiated in good faith for the purpose of promoting
harmonious relations, establishing an orderly and peaceful procedure to settle differences which might
arise, and setting forth the basic and full agreement between the parties concerning wages, rates of pay,
hours of work, and all other terms and conditions of employment.
ARTICLE 1
RECOGNITION
Section 1.
Exclusive Bargaining Agent
The City recognizes the Union as the exclusive bargaining representative in accordance with
Chapter 447, Florida Statutes, as amended, for all employees in the bargaining unit defilled by the Public
Employees Relations Commission and issued Certification number 122 in Case No. 8H-RA-756-1129
dated September 3, 1975. All persons in the classifications designated Firefighter, (including
Firefighter/Driver-Operator, Firefighter/Paramedic, and Firefighter/Lead Medic), Fire Lieutenant
(including Fire Lieutenant Rescue/Paramedic), and Fire Prevention Inspector shall be included in the
bargaining unit. All others shall be excluded.
Section 2.
New Classifications
Should the City and the Union agree to establish new job classifications within the Fire Department
which may be in the bargaining unit, the City shall provide notice to the Union not less than 30 days prior
to staffing such classification. The parties shall submit a Union Clarification Petition to the Public
Employees Relations Commission and shall negotiate appropriate wage rates, hours, and terms and
conditions 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 the elected Officers of the Union
and duly elected 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 any change in elected Officers or
appointed stewards shall be provided by the Union to the Office of the Fire Chief within 72 hours of the
change.
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. The Union specifically agrees that neither the Union nor
the employees covered hereunder shall seek to involve the City's elected officials in the administration of
this Agreement or otherwise in the operation of the City's Fire Department; provided that nothing
contained herein shall restrict an employee's opportunity to present non-employment related matters to
such elected officials.
1
ARTICLE 3
CITY'S MANAGEMENT RIGHTS
Section 1.
Management Rights
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 lay off, furlough, terminate or otherwise relieve employees from work for lack of
work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees 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.
Emergency Conditions
If in the sole discretion of the City Manager or Mayor it is determined that civil emergency
conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar
catastrophes or disorders, the provisions of this Agreement may be suspended by the City Manager or
Mayor during the term of the declared emergency provided that wage rates and other direct monetary
payments shall not be suspended.
ARTICLE 4
GRIEVANCE PROCEDURE
Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the
interpretation or application of the terms of this Agreement, inclucling 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 grievance.
Section 2. All grievances filed shall refer to the specific Article and section of this Agreement
or Civil Service Rules and Regulations upon which the grievance is based, and shall contain a concise
written statement of 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 Clearwater. A Grievant may be accompanied by a
representative of the Union at any time during the Grievance Procedure. Newly hired probationary
employees shall not have access to the Grievance Procedure for any matter of discipline (including
discharge), assignments, scheduling, or access to training opportunities during the probationary period.
Any grievance by a permanent employee relating to suspension or dismissal shall be initiated at Step 2.
2
A grievant is prohibited by law from filing an appeal with the Civil Service Board once a grievance
is filed. This shall specifically include grievances relating to suspensions, demotions, and dismissals.
Grievances may be flied and processed by the Union except grievances of discipline that must be
initiated by the disciplined employee.
As used in this Article, the term "employee" may also mean a group of employees having the same
grievance. In such event, one employee shall be designated by the group of employees to act as a
spokesperson and shall be responsible for processing the grievance. All employees in the group shall be
identified, however only the spokesperson needs to sign the grievance.
For purposes of this Grievance Procedure, normal working hours shall be considered 8:00 a.m. to
5:00 p.m. and normal workdays shall be considered Monday through Friday, holidays excepted.
STEP 1
The aggrieved employee shall present his/her grievance in writing to his/her District Chief or Fire
Marshal within 10 work days after the employee has knowledge or constructive knowledge of the
occurrence of the action giving rise to the grievance. The District Chief or Fire Marshal shall arrange for a
meeting with the grievant within 10 work days of receipt of 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 10
work days from the date of the meeting. If the grievance is not resolved at Step 1, the grievance may be
appealed to Step 2.
STEP 2
If the grievance is not settled at the first step, the aggrieved employee shall, within 10 work days of
the date of written notification from the District Chief or Fire Marshal, 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 10 work days following receipt of the written grievance, meet with the
aggrieved employee. The Fire Chief or his/her designee shall review the grievance and notify the aggrieved
employee of his /her decision in writing not later than 10 work 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 10 work days of the date of written notification from the Fire Chief. At the request of the
employee, the City Manager or his/her designee shall meet with the employee. The City may determine
who shall meet with the employee. Within 10 work days of the meeting, the City Manager or his/her
designee shall notify the employee, in writing, of his/her decision. If a grievance is not submitted to the
City Manager, it shall be deemed to have been resolved at Step 2 to the employee's satisfaction.
3
Section 3. In the event that the grievance is still unresolved, the matter may be submitted to
fillal and binding arbitration as provided in this section.
A. Within 10 work days of the decision of the City Manager, the aggrieved party shall notify the City
Manager of his/her intent to arbitrate. Concurrently, said party shall request from the Federal
Mediation and Conciliation Service a list of five names of qualified arbitrators. Within 10 work
days after the receipt of such a list, representatives of the parties shall meet and each party shall
strike two names. The party filing the grievance shall strike the first name, then the other party
shall strike a name. The process shall then be repeated and the remaining name shall be the
arbitrator selected and notified of his/her selection as arbitrator. As promptly as can be arranged,
the arbitration hearing shall be held. Each party shall pay its own expense for its representative,
counsel and witnesses. The 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 f1led, and further if the arbitrator finds that the grievance is not
timely filed, then the arbitrator shall have no power to grant relief.
B. Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of
this Agreement shall be furnished to both parties within 30 calendar 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 The City
Where any provision of this Agreement involves responsibility on the part of the Union which, in
the view of the City, is not properly being 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
provision(s) of the Agreement which the City contends is/are not properly being carried out by the Union.
If not resolved within 10 work days following receipt by the Union of the written grievance, the City may
submit the grievance to arbitration under the provisions of Section 3 of this Article.
Section 5. All of the time limits contained in this Article may be extended by mutual written
consent of the parties.
Section 6. If an employee chooses to process his/her own grievance, the Union must be
invited to attend any meeting where the resolution of the grievance may occur. FS 447.301 (4)
4
ARTICLE 5
LABOR-MANAGEMENT COMMITTEE
The City and Union agree to maintain a single cooperative Labor/Management committee for both
IAFF Local 1158 bargaining units. The committee shall consist of an equal number of members of each
party. 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 that may be mutually resolved by the parties or may eventually become items of collective
bargaining, grievances, or litigation.
ARTICLE 6
PERFORMANCE AND DISCIPLINE
The City and the Union agree that any system of discipline or performance management should be
continually reviewed for its effectiveness. The system may be modified from time to time to better meet
the needs of the employees and the City. Any changes will be consistent with sound personnel practices.
All discipline will be for just cause and consistent with due process. Employees have the right to Union
representation any time they believe a meeting may lead to disciplinary action.
The City-wide and Fire Department standards shall be in writing. The Union will provide input as
the standards are developed and/or modified. If the Union refuses to participate or provide input, the City
and the Fire Department maintain the right to change the process. The City recognizes that members of
the Fire Department are protected by the "Firefighter Bill of Rights" and any disciplinary action will
conform to the guidelines of that law.
ARTICLE 7
NO STRIKE
Section 1. The Union agrees that during the term of this Agreement, it shall not authorize,
instigate, condone, excuse, ratify or support any strike, slowdown, sit -down, work stoppage or any other act
of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or
supported by members of the Union and/or employees represented by the Union or other agents or
representatives of the Union. The parties specifically incorporate herein the provisions of FS. 447.505,
447.507 and 447.509.
Section 2. Should the Union or employees covered by this Agreement within the City's Fire
Department breach this Article, the City may then proceed against the Union as covered in FS 447 and
such sections of state and federal law that may apply. The City would also be entitled to obtain an
injunction with notice at ex-parte hearing for breach of this Article.
Section 3. Should any member of the bargaining unit be found guilty of striking as defined in
Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such
violation constitutes just cause for dismissal.
5
ARTICLE 8
STEWARDS
Section 1. There shall be one Union Official or designee for all bargaining unit members on
each shift in addition to the Union Official for Fire District Chiefs. An employee working in the
classification of Fire Inspector shall be represented by the "on-duty" or other union official.
Section 2. An employee having a grievance shall have the right to take the matter up with
his/her Shift Steward or other Union Officer during working time, provided that neither the employee nor
the Shift Steward may leave their assigned Fire Station or work area outside a Fire Station without prior
permission of the Fire Chief! Fire Assistant Chief, or Fire Marshal or his/her relief to do so, and, provided
further, that the employee and the Union Official shall not interfere with the normal operations of the
Department.
Section 3.
All members of the bargaining unit may wear the LA.F.F. pin on their uniforms.
ARTICLE 9
CHECKOFF
Section 1. The City shall deduct and provide to the Union on a biweekly basis dues and
uniform assessments owed by the employee to the Union in an amount certified to be correct by the
Union Secretary-Treasurer. Prior to such deduction the Union shall provide the City with a signed
statement from each employee authorizing such deduction in a form satisfactory to the City.
Section 2. Any authorization for dues deduction may be canceled by the employee upon 30
days written notice to the City and the Union.
Section 3. The Union shall indemnify, defend and hold the City, its officers, officials, agents,
and employees harmless against any claim, demand, suit, or liability (monetary or otherwise) and for all
legal costs arising from any action taken or not taken by the City, its officials, agents, and employees
correctly complying with this Article. The Union shall promptly refund to the City any funds received in
accordance with this Agreement which are in excess of the amount of basic and uniform membership dues
which the City has agreed to deduct.
Section 4. Nothing contained herein shall require the City to deduct from a salary or be
otherwise involved in the collection of Union fines, penalties or special assessments.
Section 5. In the event an employee's salary earnings within any pay period, after deductions
for withholding, pension or social security, health and/or other standard deductions, are not sufficient to
cover dues it will be the responsibility of the Union to collect its dues for that pay period from the
employee.
6
ARTICLE 10
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 75 days after such Agreement has been ratified by all concerned parties, and distribute same to the
Union. The Union agrees, within 30 days after receipt of copies of this Agreement, to supply individual
copies of this Agreement to each current member of the bargaining unit and thereafter to provide an
individual copy to each new bargaining unit member within 30 days of their becoming a bargaining unit
member or allow the City to retain copies to provide at new employee orientation. The City and the Union
shall each bear one-half of the cost of production of the copies of the Agreement, the number of which
shall be mutually agreed upon prior to printing. The City and the Union shall agree on the format.
ARTICLE 11
BULLETIN BOARDS
The City agrees to provide a 2 feet x 4 feet space on bulletin boards at each Fire Station for posting
by the Union of notices of meetings or other official Union information; provided, the Assistant Chief or
his/her designee shall first 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 12
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. 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 13
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
7
Holiday pay for the above listed holidays will be paid at the employee's current base rate of pay for
the number of hours equaling 10% of the biweekly schedule, except that the following three special
holidays will be compensated at the employee's current base rate of pay for the number of hours equaling
15% of the biweekly 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. Floating
holidays shall be subject to the following requirements and conditions:
1. No employee may utilize floating holidays until 30 calendar days after the date of hire.
2. Any person employed between January 1 and March 31 shall receive 100% of floating holidays
to be utilized during the year of hire; any person employed between April 1 and June 30 shall
receive 75% of floating holidays to be utilized during the year of hire; any person employed
between July 1 and September 30 shall receive 50% of floating holidays to be utilized during the
year of hire; and any persons employed between October 1 and October 31 shall receive 25%
of floating holiday to be utilized during the year of hire. Persons employed after October 31
shall not be eligible for any floating holidays during the year of hire.
3. Floating holidays may not be carried over from one calendar year to another calendar year and
if not taken are forfeited except as provided in Section 4 below.
4. After the year of hire, employees shall receive four "floating holidays" each calendar year.
5. Upon an employee's separation from the City, the employee may receive a lump sum payment
for any remaining floating holiday balance per Section 5 of this Article, or the remaining
floating holiday balance may be used to advance the employee's date of retirement,
Section 3. Floating holidays 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 48 hours' notice in writing of his/her request. This notice will
be given to the Fire District Chief for 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.
8
Section 4. If the employee chooses not to take one or more floating holidays, he/she may
make a written request to the Fire Chiefon or before December 15th to receive 24 hours of regular pay for
56-hour week, or 8.0 hours of regular pay for 40-hour week in lieu thereof payable in the subsequent
payroll period. Any floaters not taken or requested for payment are forfeited. No more than four floating
holidays shall be approved for payment each year.
Section 5. Each calendar year, members of the bargaining unit may elect to take one floating
holiday as "Personal Leave Time. This personal leave day 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 for such remaining blocks, payable in
the subsequent payroll period.
ARTICLE 14
VACATIONS
A. Accrual of Vacation Leave
1. Vacation leave shall be granted for all full time employees in accordance with the number of
completed years of credited service. A full-time employee shall be deemed to have earned and
be eligible for vacation on the first anniversary of his/her employment. Effective for
employees hired after October 1, 1999, such vacation shall be prorated according to the
following schedule:
56 Hour Schedule Employees
January/February Hire Date ................................................................ 6 Duty Days
March/ April Hire Date......................................................................... 5 Duty Days
May /J une Hire Date................. ..... .......................................... .............. 4 Duty Days
July / August Hire Date.......................................................................... 3 Duty Days
September/October Hire Date ...........................................................2 Duty Days
November/December Hire Date..........................................................1 Duty Day
40 Hour Schedule Employees
January/February Hire Date ...................................................................... 80 Hours
March/April Hire Date..... ............ ......... ......... ............. ................ ...............64 Hours
May /J une Hire Date...........................:........................................................ 48 Hours
July/August Hire Date ........... ............................................................ .........32 Hours
September/ October Hire Date ................................... ......................... .....24 Hours
November/December Hire Date...... ........... ....... ................... ...... ...... .......16 Hours
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Thereafter, employees on the 56-hour schedule shall accrue paid vacation as follows:
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
Year 11
Year 12
Year 13
Year 14
Year 15
Year 16
Year 17
Year 18
Year 25 and higher
1 year anniversary of Hire
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
FollowingJanuary Thereafter
Pro-rated Days
6 Duty Days
6 Duty Days
7 Duty Days
7 Duty Days
7 Duty Days
8 Duty Days
8 Duty Days
8 Duty Days
8 Duty Days
9 Duty Days
9 Duty Days
9 Duty Days
9 Duty Days
10 Duty Days
10 Duty Days
10 Duty Days
11 Duty Days
12 Duty Days
Thereafter, employees on the 40-hour schedule shall accrue paid vacation as follows:
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
Year 11
Year 12
Year 13
Year 14
Year 15
Year 16 and higher
1 year anniversary of Hire
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January Thereafter
The vacation year shall be the calendar year.
Pro-rated hours
80 hours
88 hours
96 hours
104 hours
112 hours
120 hours
128 hours
128 hours
128 hours
136 hours
144 hours
152 hours
152 hours
152 hours
160 hours
2. Vacation leave granted in January is earned during the previous calendar year.
3. All unused vacation balances are forfeited at the end of the calendar year, except as determined
by the City Manager.
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B. Use of Vacation Leave
1. The use of vacation leave shall be authorized in accordance with Fire Department Regulations.
A maximum of seven employees shall be permitted to be absent from any shift for the purpose
of personal leave including vacation and floating holidays.
2. The borrowing of vacation time prior to its accrual is prohibited.
3. There is no advancing of vacation pay.
4. New employees may not take vacation until they have completed one year of continuous
servtce.
5. If a holiday occurs during vacation leave, the employee will be paid holiday pay.
6. An employee who has more than 90 calendar days of unpaid leave shall receive no vacation
leave for that calendar year.
7. Scheduling of Vacation
a) Bargaining unit members will be contacted in the order of department seniority for the
selection of vacation. Vacation days may be picked in either a 3- or 6-day block the first
time through. After all personnel have been contacted for their first pick, the second round
will begin. All personnel who have selected a 3-day block on the first round will be
recontacted in the order of department seniority for their second selection on the second
round.
b) After all personnel have picked their primary six days of vacation, any employee to be
awarded during the year bonus days for 25 years of service shall choose such days, and then
all personnel will be contacted by department seniority for the picking of additional
vacation days. Finally, all personnel will be contacted by reverse seniority for the choosing
of floating holidays and sick leave incentive days.
c) Should a person elect to pass on choosing any days, they shall be responsible for the
scheduling of their days. If the employee waits too long and there are no available slots left,
they will risk losing the days. Floating holidays may be submitted for pay. Additional
vacation days will be lost or can be donated to the Department leave pool. However, no
employee shall be permitted to donate more than three days of leave per year to the pool.
d) All vacation days must be chosen except by permission of the Fire Chief.
e) The linking of scheduled days shall not exceed 9 consecutive duty days, except by special
permission of the Fire Chief. If more than 9 days are linked, the employee shall be
responsible for any training required to maintain certification that is missed during the
scheduled time off. The Department will make every effort to schedule this training while
the employee is on duty. If this cannot be done, then it is the employee's responsibility to
complete the required training on their own time.
11
f) The changing of sick leave incentive days for previously used floating holidays is not
allowed.
C. Payment and Accrual During Military Leave
1. An employee granted an extended military leave of absence shall be paid all accrued vacation
leave when the employee begins the extended military leave.
2. An employee returning from an extended military leave of absence shall accrue vacation leave
as provided by law.
D. Conversion To Sick Leave or Funeral Leave During Vacation Leave
1. The employee may request that vacation leave be changed to sick leave if the employee or
member of the employee's immediate family becomes ill while the employee is on vacation
leave.
2. The employee may request that vacation leave be changed to funeral leave provided the
request is consistent with the article on Funeral Leave.
3. Requests for such changes must be made in writing within 72 hours of the employee's return
to work.
E. Payment of Unused Vacation Leave
1. Payment of unused vacation leave will be paid upon voluntary separation of the employee,
provided the employee was not dismissed for cause and that the employee has more than
one year of continuous service.
F. Banking of Vacation
1. The practice of banking vacation for retirement shall be limited to 240 hours.
G . Vacation Re-opener
The City and the Union agree that based upon a mutual agreement of the parties, this Article may
be reopened for the purpose of negotiating a change to the vacation provisions only. If the Article is
reopened for such purpose and the parties are not able to reach an agreement, the item shall not be subject
to the impasse procedure and the Article shall remain status quo in whole and part.
12
Section 1.
ARTICLE 15
WAGES AND COMPENSATION
Pay Schedule
The pay schedule shall be in accordance with Appendix A.
Fiscal Year 2003/2004
All bargaining unit employees who are currently in an active employment status as of the
date of ratification of this Agreement by the Union shall be provided a one-time lump sum
bonus payment equal to the greater of $1,250 or 3% of the employee's gross wages for fiscal
year 2003-2004, minus applicable withholding, upon the approval of the Agreement by the City
Council.
Section 2.
Pay Schedule Format: Merit & Longevity Step Increases
A. The classes of Firefighter, Firefighter/Driver-Operator, Firefighter/Paramedic, and
Firefighter/LeadMedic shall have twelve steps: an entry step, five merit steps and six longevity
steps. Fire Prevention Inspector, Fire Lieutenant, and Fire Lieutenant Rescue/Paramedic shall
have nine steps: an entry step, two merit steps and six longevity steps. Merit steps shall provide for
an approximately 5% increase over the preceding step, and longevity steps shall provide for an
approximately 2-1/2% increase over the preceding step.
B. Pay increases are not automatic but are management review rates and may be granted only upon
receiving a rating of satisfactory or better on the annual performance review. Eligibility for review
for within pay schedule increases shall be as follows:
Appointment, Merit and Longevity Step Review and Advancement~
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 10
Step 11
Step 12
Original appointment or promotion
At the end of one year of satisfactory service in Step 1.
At the end of one year of satisfactory service in Step 2.
At the end of one year of satisfactory service in Step 3.
At the end of one year of satisfactory service in Step 4.
At the end of one year of satisfactory service in Step 5.
At the end of two years of satisfactory service in Step 6.
At the ~nd of two years of satisfactory service in Step 7.
At the end of two years of satisfactory service in Step 8.
At the end of two years of satisfactory service in Step 9.
At the end of two years of satisfactory service in Step 10.
At the end of two years of satisfactory service in Step 11.
If an employee's evaluation by management is satisfactory or higher, the approved merit pay
increase shall become effective as of the date of the employee's eligibility therefore, except as provided in
Section 3 below.e
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Section 3.
Merit Step Review - Increases and Delay or Denial
Employees who receive a merit eligibility evaluation of Satisfactory or higher shall be advanced as
provided in Section 2 above.
Employees who receive a merit eligibility evaluation of less than Satisfactory shall not be granted a
merit step advancement. Such employees shall be reevaluated after three months and if then rated
satisfactory, shall be granted a merit step adjustment as of that date. The effective date of the increase shall
be utilized for the purpose of determining eligibility for review for advancement to the next higher step.
If the initial three months follow-up rating is still less than Satisfactory, the employee shall be
evaluated again in three more months. If then rated Satisfactory or higher, the employee shall be granted a
merit step adjustment as of the end of that second three-month follow-up period. The effective date of
this increase shall be utilized for the purpose of determining eligibility for review and advancement to the
next higher step.
If the employee is rated less than Satisfactory on the second three-month follow-up rating, no merit
step advancement shall be made; and the employee will be evaluated again one year from the date of the
initial annual evaluation which was less than Satisfactory.
Section 4.
Rates of Pay
A. Base. rate of pay is defined as compensation at the rate prescribed for the job class in the Pay
Schedule.
B. Regular rate of pay is defined as base pay and any assignment pay if regularly assigned.
C. Overtime is defined as one and one-half times an employee's regular rate of pay.
D. School pay is defined as regular rate of pay.
Section 5.
Annual Personal Resource Allowance
A. All members of the bargaining unit who are actually working shall be provided an annual
allowance of $800.00 for calendar year 2000, $900 for calendar year 2001, and $950 for calendar
year 2002 which shall be utilized to cover (1.) the costs of purchasing and laundering coat, shirts,
pants, jumpsuit, and bed linens, (2) the replacement of personal items such as glasses, watches,
hearing aids, etc., and (3) time spent attending the annual physical.
B. 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
personal resource allowance.
C. In the initial year of hire, the allowance shall be prorated by calendar quarters at 25% per quarter
from the date of hire.
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Section 6.
Mileage Reimbursement
A. For each move a Firefighter is required to make, and use his/her own vehicle, after he/she has
reported to his/her duty station, the City will provide reimbursement to the employee in
accordance with Sec. 2.328 of the City of Clearwater Code of Ordinances; or, the City may elect to
provide transportation.
B. The mileage reimbursement rate shall be consistent with City Policy.
C. This distance will be computed by the City, so that both the City and employee can refer to a
standard table to ascertain the distance between any two Fire Stations.
D. Written requests for mileage reimbursement must be made to the Fire Chief's office on or before
September 15. Requests received after September 15th shall be void and no reimbursement shall
be required of the City.
E. The Department will post a reminder notice at least 30 days prior to September 15.
F. The money shall be paid by September 30 of each year.
G. In the event that an employee is transported in a City vehicle under the provisions of this part, the
City will provide the employee transportation back to his/her duty station at or before the end of
the employee's tour of duty if the employee so requests.
Section 7.
Special Teams
Effective with the approval of this agreement, any employee who meets the current certification
guidelines set forth by the Fire Chief and is specifically assigned to a Special Team on a scheduled shift
shall receive ten dollars per payroll period in addition to the current base rate of pay.
Effective October 1, 2000, any employee who meets the current certification guidelines set forth by
the Fire Chief and is specifically assigned to a Special Team on a scheduled shift shall receive fifteen dollars
per payroll period in addition to the current base rate of pay.
Effective October 1,2001, any employee who meets the current certification guidelines set forth by
the Fire Chief and is specifically assigned to a Special Team on a scheduled shift shall receive twenty dollars
per payroll period in addition to the current base rate of pay.
Special Team training and assignments shall be made at the discretion of the Fire Chief or his/her
designee and Special Team Pay will be provided to a maximum number of employees as follows:
Dive Team - 6 per shift plus one team leader
Technical Rescue Team - 8 per shift plus one team leader
Emergency Response (SWAT) Team - 4 per shift plus one team leader
15
Employees may participate on more than one Special Team but shall be eligible to be compensated
for one Special Team only. Additional employees may be permitted to participate in the training process
only based on availability of funds. The department shall provide the initial issue of clothing and
equipment particular to Special Teams and the replacement of clothing (shirt, pants, coat, and jumpsuit)
will be the responsibility of the employee through the use of the annual Personal Resource Allowance.
Initial issue Special Team clothing shall be the following:
Dive Team
Coat/J acket 1
Jump Suit 1
Swim Trunks 1
Tee Shirt 1
Shorts 1
Technical Rescue Team
Tech Shirt 3
Tech Pants 3
S.W.A.T. Team
Shirt 2
Pants 2
An employee may be removed from a Special Team assignment if he/she is unable to
participate for a period of 30 days or more for reasons other than scheduled leave. Special
Team pay may be discontinued at any time should the City no longer continue to provide the
designated service.
ARTICLE 16
CLOTHING and EQUIPMENT
Section 1. 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. 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 value of the lost or
abused equipment, as determined by the Fire Chief.
16
Section 2.
The following equipment will be supplied initially to each employee:
Item
Coat
Pants
Class A Shirts
T-Shirts
Polo Shirts
Jumpsuit
Badge
N ametag
Collar Insignia (set, as necessary)
Blanket
Pillow
Bunker Coat
Bunker Pants
Helmet
Firefighting Boots (pair)
Firefighting Gloves (pair)
Air Mask
Nomex Hood
Suspenders
City ID
3 cell Flashlight (mag light)
Ouantity
1
5
5
3
2
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
Section 3. The following items, if issued, shall be returned to the Department before an
employee leaves the service of the Department either by termination, resignation, retirement, etc. Should
any such items not be returned, the City shall withhold from the employee's final paycheck an amount
sufficient to reimburse the City at a pro-rated replacement cost of the equipment.:
Item
Badge
City ID
Collar Insignia (set, as necessary)
Bunker Coat
Bunker Pants
Helmet
Firefighting Boots (pair)
Air Mask
Suspenders
3 cell Flashlight (mag light)
Ouantity
1
1
2
1
1
1
1
1
1
1
Any such equipment which becomes worn or unserviceable through no fault of the employee shall
be replaced when returned to the Department.
17
Section 4. Employees shall be provided an allowance for the replacement of coat, pants, shirts,
and jumpsuit which may become worn or unserviceable in the course of duty. The Fire Department shall
publish annually a list of vendors and the specifications and each employee shall be responsible for the
replacement of said items.
ARTICLE 17
INSURANCE
Section 1.
Life Insurance
All life insurance premium contributions and plans currently in force shall continue for the duration
of this Agreement. The selection of an insurance company shall be free and without prejudice and of the
employee's choice from the companies offered by the City, with the approval of the Insurance Committee.
The Union agrees to participate with the Insurance Committee in making decisions regarding life
illsurance.
Section 2.
Death Benefits
The current practice of paying accrued rights and benefits to the designated beneficiary or next-of-
kin upon the death of an employee shall continue.
Section 3.
Health Insurance
The City agrees to meet with the LA.F.F. and other City of Clearwater union representatives to
review the health insurance program for the purpose of reducing the cost of such program for the City and
the employees.
The City further agrees to provide the LA.F.F. with such information as would be required to
formulate such a benefit package and to cooperate with the LA.F.F. and other unions to obtain pertinent
information from the present carrier. The City agrees to continue the payment of 100% of medical
insurance premiums for employee only coverage for the duration of this agreement.
Any information received by either party from the consultant or from another carrier will be shared
with the other party.
ARTICLE 18
TRAINING AND TUITION REFUND
Section 1. Members of the bargaining unit shall be entitled to partlC1pate in a tuitIon
reimbursement program provided that all classes are off-duty, except for promotional courses for the
positions of Lieutenant and/or Fire District Chief where department policy will be followed. However, the
City and the Union may agree to pro rate such tuition reimbursement for classes which cross both on-duty
and off-duty time.
18
Section 2. The tuition refund for members of the bargaining unit shall be $1,000 per year for
each year of the agreement. However, if classes taken by a bargaining unit member consist exclusively of
those pertaining to an advanced degree program as part of a partnership between the City and USF, then
$1,200 of tuition paid for such classes shall be reimbursable.
Section 3. Participation in Tuition Refund will not imply any eligibility for school time pay nor
will it impose any obligation to the City under FLSA.
Section 4. Except for training requirements occasioned by extended vacations, when a
bargaining unit member is directed by the Department to attend classes, the member will be compensated
for the hours spent in accordance with the law.
Section 5.
The City shall provide and maintain reasonable training grounds and facilities.
ARTICLE 19
PERSONNEL PRACTICES
Section 1.
Pay Plan Administration
A. Promotions: Upon promotion, an employee shall be placed into the step number in the higher
level classification which is the same as the step number to which he/she is assigned in his/her
current classification (for example, a Step 6 Firefighter would be promoted into Step 6 of the
Firefighter/Paramedic range or a Step 5 Firefighter/Paramedic would be promoted into Step 5 of
the Fire Lieutenant range), except for promotions from Firefighter/Paramedic to Firefighter/Lead
Medic and Firefighter/Lead Medic to Fire Lieutenant whereby the employee shall be placed into
the step number in the higher level classification which represents a minimum of a 5% increase in
pay. A promoted employee shall maintain his/her existing annual performance review date for the
purpose of determining eligibility for subsequent annual performance reviews.
If an employee was among personnel "grandfathered-in" to E.M.T. pay by the original and
subsequent City- IAFF Contracts, such employee shall, upon promotion, be promoted in
accordance with paragraph A above and shall thereafter have the E.M.T. pay added as a
supplement to the new base pay in the higher class.
B. Demotions:
1. An employee who is demoted voluntarily. 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 his/her contro~ shall be placed into the step number in the
lower level classification which is the same as the step number to which he/she is assigned in
his/her current classification (for example, a Step 6 Firefighter/Paramedic would be demoted
into Step 6 of the Firefighter range or a Step 5 Firefighter Lieutenant would be demoted into
Step 5 of the Firefighter/Driver-Operator range), except for demotions from Firefighter/ Lead
Medic to Firefighter/ Paramedic and Fire Lieutenant to Firefighter/Lead Medic whereby the
employee shall be placed into the step number in the lower level classification which represents
a minimum of a 5% decrease in pay.
19
An employee may be allowed to demote only to a lower level classification for which he/she
meets the minimum eligibility requirements at the time of demotion. A demoted employee
shall maintain his/her existing annual performance review date for the purpose of determining
eligibility for subsequent annual performance reviews. A demotion shall be defilled as any
change of an employee from a position in one class to a position in a class of a lower level. For
non-voluntary, non-disciplinary demotions, such employee shall be placed at the head of the
reemployment list for the class from which he/ she was demoted.
2. An employee who is appointed from layoff 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 re-employed a sufficient number of
days to make up the number of days he/she lacked for eligibility at the time of separation. An
employee who is appointed from the reemployment list to his/her previous higher level
classification after having taken a non-voluntary, non-disciplinary demotion shall be placed into
the corresponding step in the higher level classification that is the same as the step number to
which he/she is assigned in the current classification and shall maintain his/her annual review
date for the purpose of determining eligibility for subsequent annual performance reviews.
3. 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.
C. Acting Pay
1. Acting pay shall be provided to any employee who is assigned in an acting capacity to a position
in a class of a higher level for a minimum of four hours. An employee shall be deemed
qualified to act in a higher level classification if he/she is on the existing or most recently
expired eligibility list, or meets the minimum qualification requirements, or meets guidelines
established by the department and the Union for the higher level classification. Acting Pay shall
be provided in accordance with the following:
Current Acting As~ FF/D-O FF /PM FF /LM Fire Lt Fire Lt/RP
Class -J..
Firefighter 5% 15% 20% 5%
FF/D-O 10% 15% 5%
FF /PM 5% 5% 5%
FF /LM 5% 5%
Fire Lt 5%*
* A Fire Lieutenant who has not had Paramedic pay incorporated into base pay upon promotion shall be
provided 15% when acting as a Fire Lieutenant/Rescue-Paramedic.
20
2. Acting Pay as Fire Lieutenant, Fire District Chief or Fire Deputy Chief
When an employee is assigned as an Acting Fire Lieutenant, Acting Fire District Chief or
Acting Fire Deputy Chief and the employee has acted in the higher position for a minimum of
4 hours, the employee shall receive 5% above the employee's current regular rate of pay for all
hours worked.
3. Acting Pay Removal
Acting pay shall cease to be paid to a bargaining unit member when:
The employee is reassigned, transferred, demoted or promoted to any poslt1on not
involving the performance of the acting function, or the acting position is removed by the
Department or other appropriate authority pursuant to provisions of the collective bargaining
Agreement. Acting pay terminates at the time of the job function change or at the time of the
formal assignment removal.
D. Fair Labor Standards, Section 7(k) Exemption
1. The City of Clearwater Fire Department, pursuant to the Fair Labor Standards Section 7(k)
exemption, has established a 27 -day work cycle for employees in the bargaining unit who work
112 hours biweekly.
2. All employees in the bargaining unit, with the exception of Fire Inspector and any light-duty
bargaining unit members assigned to an 80-hour biweekly schedule, shall be paid overtime only
for all regular hours actually worked in excess of 204 hours during the designated 27 -day work
cycle.
Section 2.
Promotional Examinations
This section applies to promotions to the classifications of Firefighter/Driver-Operator,
Firefighter/Paramedic, Firefighter/LeadMedic, Fire Lieutenant, Fire Lieutenant Rescue/ Paramedic, and
Fire Prevention Inspector.
A. Promotional examinations will be held at least 30 days prior to 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.
21
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 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 or refuse to examine any applicant or to certify the name of an
eligible for appointment if, in his/her opinion, it is found:
1. That the applicant fails to meet the established qualification requirements for the classification.
2. That the application was not filed on or before the closing date for receipt of applications
specified in the public announcement.
3. That the applicant has made an intentional false statement as to any material fact, has practiced
or attempted to practice deception or fraud in his/her application or in securing eligibility or
appointment. This provision shall be interpreted to include the use of any other than the
applicant's legal name in making application.
4. That the applicant has 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.
5. 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.
6. 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:
a) All promotional examinations shall be competitive.
b) All examinations shall be of such character as to fairly determine the qualifications, fitness
and ability of applicants to perform the duties of the classification to which appointment is
to be made.
22
c) Examinations and tests may be written, oral, physical or performance, or a combination of
these types. They may take into consideration such factors (including experience,
education, aptitude, capacity, knowledge, character, physical fitness, and other
qualifications) as, in the judgment of the Human Resources Director, enter into the
determination of the relative fitness of the applicants and may include inquiry into the
moral character, or any other pertinent quality or attribute of the applicant.
d) No test or question in any examination shall be so framed as to call for or lead to disclosure
of any information concerning any political or religious applications, preferences or
opinions. Any disclosure thereof shall be disregarded.
2. A promotional examination may include any combination of the factors listed in subsection (1)
above, and shall include credit for seniority hereinafter described. Seniority credit will be
granted to the candidate prior to computation of the final test grade. One-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 overall rating of each candidate shall be determined by the weighted average of earned
credit ratings, according to weights established and published or announced by the Human
Resources Director, or his/her designated representative, before the examination. The Human
Resources Director shall establish the minimum eligibility requirements. Changes to minimum
eligibility requirements shall be made only when properly authorized and published or
announced before the examination.
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.
3. Examination results shall be converted to pass/ fail prior to the creation of any eligibility list and
such lists shall contain no numerical scores or grades.
G. Notification of Results
Each candidate shall be notified in writing of his/her name being placed on the eligible list or
his/her failure to attain a place on the list. Any candidate may, within 15 calendar days following
the mailing date of his/her notice of results, request permission to review his/her examination with
the Human Resources Director or his/her designated representative, and will be given reasonable
opportunity to do so, provided the test is not proprietary. If the test is proprietary, then a summary
of his/her results shall be furnished to the applicant upon request, provided such request is made in
writing within 15 days after the last section of the examination is administered and the summary is
made available by the vendor. Any costs associated with the summary shall be paid one-half by the
employee and one-half by the Fire Department.
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H. Appeals from Ratings
1. Any candidate who fails to attain status on an eligibility list may, within 15 calendar days from
the date of notification of such, notify the Human Resources Director in writing that error,
other than error of judgment, exists. The Human Resources Director shall thereupon conduct
a review. If upon review, errors other than error of judgment, are found, such errors shall be
corrected. In the event such review discloses error affecting other candidates, the other
candidates shall also be corrected.
2. An error correction may cause names to be added or subtracted from the eligibility list,
however 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.
Open and Promotional Lists
The names of all persons who may be lawfully promoted or appointed shall be placed ill
alphabetical order on an open or promotional list which will be posted in the Department.
All employees deemed eligible through the examination process shall remain on the appropriate
eligibility list for a period of two years from the date of placement on and establishing of such list be the
Human Resources Department. The individual dates of initial eligibility shall appear next to the candidates'
names and may differ when concurrent eligibility lists exist.
Section 4.
Appointments
A. Selection from the open or promotional list shall be at the sole discretion of the Fire Chief.
Selection criteria shall be developed and may include such factors as seniority, experience,
education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications.
B. The Department shall counsel with any eligible employee who is not selected for promotion upon
the written request of the employee. Such counseling shall include an explanation and written
summary of the selection criteria whereby improvement may m~ke the employee not selected
better qualified.
Section 5.
Probation
A. A newly hired employee within the bargaining unit shall serve a probationary period of 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 or on light duty for an accumulated period equal to two weeks scheduled work hours or
more, then all such time shall be added to the probationary period.
B. A newly hired 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 be
terminated. An employee shall not have access to the grievance procedure regarding the
termination during probation.
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C. All bargaining unit members who commenced employment in the Fire Department 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 in any position within the fire service of the City of Clearwater.
D. No smoking or use of tobacco on or off the job shall be permitted for any bargaining unit member
hired in the Fire Department 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.
E. An employee promoted to a class within the bargaining unit shall serve a probationary period of six
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 absent
from duty for any reason other than scheduled leave or on light duty for an accumulated period
equal to one week scheduled work hours or more, then all such time shall be added to and thereby
extend the probationary period.
F. 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. Accrual Rate
1. Members of the bargaining unit shall accrue sick leave in accordance with the schedule below:
Biweekly
Hours
Total
Hours
Accrual Rate
Per Pay
Hours
Capped
112
80
134.42
96.01
5.170
3.693
2184.00
1560.00
2. The number of yearly pay periods sick leave is accrued is 26.
B. Sick leave may be accumulated for each of the 26 accrual pay periods the employee actually
works, up to a maximum as shown above. Actual work includes periods when the employee is
using accumulated sick leave (but not sick leave pool), holidays, vacation with pay, and the no-
loss-of-pay sick time. Employees shall not accrue sick leave during any other period of time
when they are in a non-paid status or utilizing "retirement advancement".
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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 defilled 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 resulting from illness or injury to the employee or a family member 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
.9
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 ill 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, children, stepchildren, grandparents, grandchildren, brothers, sisters or
husband/wife of the employee and the immediate family as herein referenced of the
husband/wife, or other relative who is a member of the immediate household.
Sick leave will be accrued on a biweekly basis based on hours in a paid status. 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 personal sick leave is not used in excess of accumulated 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 ftrst 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. Payment for Unused Sick Leave
Upon separation from City service, an employee shall be paid one-half of his/her accumulated
unused sick leave. The rate of payment shall be based on the regular hourly rate (excluding shift
differential or any other addition to base pay) of the employee on the last day worked prior to
separation. The employee may request that one-half the payment for unused sick leave be made at
separation and one-half the payment be made in the ftrst payroll period in the next calendar year.
The employee qualifies for payment if:
1. The employee has had at least 20 years of continuous service with the City. Leaves of absence
without pay, suspensions and layoffs followed by subsequent re-employmentshall not be
considered as breaks in service. The length of such time off or layoff shall be deducted from
the total length of service. Military leaves and leaves during which the .employeesare receiving
Workers' Compensation shall not be deducted from continuous service; or
2. The separation is involuntary on the part of the employee including disability (incurred on or
off the job) and layoffs; or
3. The employee's estate shall receive payment if an employee dies.
An employee who has been dismissed for cause or who resigns voluntarily shall have no
claim for sick leave payment.
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An employee who may otherwise be eligible for retirement under the City Employees' Pension Plan
or Federal Social Security, or who may be approaching such eligibility date, and whose purpose in
leaving is to retire under either program, may utilize one-half of his/her accumulated unused sick
leave to the extent thereof to advance his/her retirement date. In that event, the employee shall
execute a resignation to become effective on the date that such accumulated unused sick leave
would be exhausted. Such resignation shall be irrevocable, and retirement shall begin at the time
such resignation becomes effective. In the interim, payment for accumulated unused sick leave
shall be made as a continuation of the employee's regular pay from which all regular payroll
deductions shall be made in order to preserve his/her retirement status. Accumulated unused sick
leave will be charged as outlined in paragraph (1) of this subsection.
L An employee may not utilize his/her accumulated sick leave absence for absences resulting from an
injury arising out of and in the course of employment, other than City employment, for which
monetary or other valuable consideration is received or expected. Any employee who utilizes
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.
J. Except in the cases of injury incurred in the line of duty with the City, employees shall not be
entitled to use sick leave until the completion of six calendar months of continuous service
following the date of original appointment.
K. The employee may 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 when requested by the Department Director~
L. 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 15, 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.
M. The use of sick leave for purposes other than those designated herein will be considered a major
rule infraction.
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N. Sick Leave Incentive Program
1. After January 1, 2000, in any full calendar year period that a bargaining unit employee uses no
sick leave, the employee will be allowed to convert two days of sick leave to Sick Leave
Incentive Days or the cash equivalent based upon the employee's current base hourly rate of
pay.
2. In any full calendar year that a bargaining unit employee uses between one-tenth of an hour and
the equivalent of two days of sick leave the employee will be allowed to convert one day of sick
leave to a Sick Leave Incentive Day or the cash equivalent based upon the employee's current
base rate of pay.
3. Employees shall be required to submit notice of their choice of the above within 30 days of
Sick Leave Incentive eligibility notification or shall have no sick days converted.
O. 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
proVlsiOns:
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 30 calendar days.
2. A committee shall be formed and the committee shall determine use of the leave pool days,
subject to the above purpose and limitations.
a) The committee shall consist of three members designated by the bargaining unit, one
management employee designated by the Fire Chief, and one management designee of the
City Manager.
b) The committee shall review employee needs and circumstances consistent with the
provisions of the leave pool 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.
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3. Bargaining unit members may donate days from their vacation, floating holiday, or sick leave
balances to the leave pool onetime per year in January.
a) No employee shall be permitted to donate more than three 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 time per year; however, the 3-day donation limit shall not be modified.
b) All donations of pool leave time must be in full-day increments based on the employee's
full-time, regularly scheduled day (i.e. an 8-hour or 24-hour day is a full day).
c) Donations of pool leave time are irrevocable.
d) No dollar value shall be placed on leave donations. All donations and all authorized usage
shall be computed as day for day.
4. When pool leave time is authorized by the committee for use by an employee, it shall be on a
day-for-day basis, irrespective of whether the employee works an 8-hour or 24-hour shift. An
employee using leave pool time shall receive regular base pay and his/her regular shift pay;
however, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special
assignment pay, etc.).
5. Pool leave time not used in a given year by the employee receiving the donated pool leave time
shall be returned to the leave pool and carried over to the next year. No donated pool leave
time will be refunded to the donor.
Section 7.
Funeral Leave
A. An employee shall be allowed up to three 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 leav~.
B. An employee shall be granted up to two 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. The Fire Chief may grant funeral leave to employees for the death
of other household members.
C. Additional time off may be granted by the Fire Chief, or his/her designee and shall be chargeable to
sick leave. 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.
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Section 8.
Absence Without Leave
A. Any employee who is absent from duty for two consecutive work days for 56-hour employees and
three consecutive work days for 40-hour employees without notice and valid reason therefore shall
be deemed to have voluntarily terminated his/her City employment and to have vacated his/her
position and will be separated from the payroll as a dismissal, unless a leave of absence is
subsequently granted 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 9.
Time Off From Duty
A. An employee may be granted necessary time-off from his/her duties with compensation for any of
the following reasons, when such time off does not, in the judgment of the Fire Chief, interfere
with the operation of the Department.
1. Attendance at professional or other conventions, institutes, courses, classes, seminars or
meetings 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.
2. Attendance at in-service training and other in-service meetings when approved by the Fire
Chief or his/her designee. The provisions of this paragraph shall be deemed to include
authorized safety meetings.
3. The President and Secretary-Treasurer of the Union shall be granted Union time-off to attend
state and international conventions, provided a minimum of one month's written notice is given
to the Fire Chief.
B. The Union may, upon request, be allowed up to 392 duty hours per fiscal year to be excused for
Union business, conferences, and training pertaining to the City of Clearwater. Any such request
must be initiated in writing through the chain of command, via the District Chief, and will give the
name of the person wanting off, date the person is to be off, and the number of hours the person
will be off. Time off from duty under this provision must be approved by the Fire Chief or his/her
designee and must be taken in not less than four-hour increments. Absences for Union time
excluding the Union president/designee shall count toward the total number of seven employees
permitted to be absent for personal leave on any given shift. 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
consecutive scheduled work shifts. Extension of any consecutive time off for union officials, over
and above the three consecutive shifts, may be granted solely at the discretion of the Fire Chief.
Requests for union time off must be made on the designated form.
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Jointly related business between the City and the Union shall not be subject to deduction from the
bank, however, the Union acknowledges that such time needed for arbitration hearings will be
chargeable to the account. In any event, the Fire Chief or his/her designee, may at his/her
discretion deny any request not made at least 72 hours in advance and submitted by a Union
Officer, or which renders the Department staffed below that level which the Chief determines to
be necessary.
Section 10. Right to Contribute Work
In the event that an employee's illness or physical incapacity should continue beyond the point
where his/her accumulated sick leave, if any, has been exhausted, he/she may request to have other
qualified employees of the Department perform his/her regular duties; provided that such substitution
would not require overtime compensation for the substitute and the maximum allowable contributed time
to anyone employee is a total of 90 calendar days for the duration of this contract.
Section 11.
Leave Re-opener
The City and the Union agree that based upon a mutual agreement of the parties, this Article may
be reopened for the purpose of negotiating a change to the Leave provisions only. If the Article is
reopened for such purpose and the parties are not able to reach an agreement, the item shall not be subject
to the impasse procedure and the Article shall remain status quo in whole and part.
ARTICLE 20
RETIREMENT ADVANCEMENT
Section 1. The City and the Union agree that prior to retiring an employee may use his/her
vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee's date of
retirement.
Section 2. The employee will be considered a regular employee for service credit to the
pension plan. The City and the employee will continue to contribute to the pension plan.
Section 3. During the period of "retirement advancement", the employee will not be eligible to
receive or accrue any benefits except retirement credit, "grandfathered" EMT Pay, and Educational
Incentive Pay. The benefits that will stop include, but are not limited to, vacation and sick leave accrual,
insurance premium payments, workers' compensation, holidays and holiday pay, allowances,
reimbursements and special payments of any kind.
ARTICLE 21
LIGHT DUTY
Light duty shall be defined as those activities which an employee can perform which do not require
any type of physical activity which may aggravate an existing injury. An employee must 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, illness or other medical condition may be
assigned to light duty.
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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 assignment pay after 90 calendar days only for off-duty injuries. Employees injured on duty and
released for light duty will continue to be paid assignment pay.
All employees on light duty shall have all sick leave hours, floating holidays, and vacations
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 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.
ARTICLE 22
LINE-OF-DUTY 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 income plan
provided by the City, either by law or by agreement, to the point where the sum of the supplement
herein provided and all other payments herein described equal the employee's regular rate of pay at
the time of the injury .
D. No compensation under this section shall be allowed for the first seven calendar days of disability;
provided, however, that if the injury results in disability of more than 21 calendar days,
compensation shall be paid from the commencement of the disability. (It is understood that this
paragraph is so stated to be in compliance with current workers' compensation law. Changes in
workers' compensation law will modify this paragraph accordingly.)
E. The term disability as used in this section means incapacity because of the line-of-duty injury to
earn in the same or any other employment the wages which the employee was receiving at the time
of injury.
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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 defmition
of those terms issued under the Florida Workers' Compensation Law shall control.
G. The maximum period for which payment may be made under this section shall be 90 calendar days
from the date of injury for each injury, including recurrences thereof. If the employee's injury
results in disability for more than 21 calendar days, no payment made by the City during said period
shall be charged against any sick leave which the employee may have accrued.
H. Line-of-duty injury pay will be provided from the first day of injury for those defilled in (G) above;
however, the amount paid shall be only that amount required to supplement funds received by the
employee from the Florida Workers' Compensation Law and any other disability or other income
plans provided by the City, to the point where the sum of all payments is equal to the employee's
regular base pay rate at the time of injury. At such time as the employee receives his/her initial
workers' compensation payment, the City shall approximate the differential needed to equal the
employee's base pay and shall provide such line-of-duty injury pay to equal the employee's regular
base pay rate at the time of injury. Any adjustment to the City's line-of-duty injury pay under this
policy will be made following the employee's return to work or at the expiration of the period for
which line-of-duty injury pay is provided.
Section 2. It is the intention of the parties that nothing in this Agreement shall interfere with
the normal procedures under the Workers' Compensation Laws or the requirements of the City's workers'
compensation insurance carrier. Should any language of this Agreement conflict with provisions of the
Workers' Compensation Law, the provisions of the Law shall prevail. An employee may choose his/her
approved Workers' Compensation treating physician if prior approval is obtained through the Risk
Management Division.
Section 3. If an employee is killed in the line of duty, the City shall pay to the spouse, or if
there is no surviving spouse, the estate, of such deceased employee his/her accumulated severance pay.
Within 48 hours of the death of the employee, the City shall deliver to the 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 5. Failure to immediately report a line-of-duty injury to the employee's immediate
supervisor or to the Risk Management Division within 24 hours of the time of occurrence of the injury
shall result in a loss of allline-of-duty pay under this Article 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.
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ARTICLE 23
EMS CLASSIFICATIONS
Section 1. The paramedic classifications of Firefighter/Paramedic, Firefighter/ LeadMedic,
and Fire Lieutenant Rescue/Paramedic are employees within the City's Fire Department who are
appointed by the Department to perform emergency medical services in an emergency medical services
program and who have successfully completed and passed a Paramedic training program recognized by the
Department and approved by Florida Statute and the Pinellas County Medical Director's office. A
Firefighter/LeadMedic is a classification which is responsible for maintaining EMS equipment and is
designated in charge of an ALS Unit in the area of medical procedures and patient care.
Section 2. Should the City cease to operate emergency medical services, those employees
classified as Firefighter/Paramedic, Firefighter/LeadMedic, or Fire Lieutenant Rescue/Paramedic shall
continue to be employed by the City on the same basis as any other employee in the bargaining unit,
provided that employees who are demoted shall have their compensation fixed at the same step in the
respective range as that which they are assigned in their classification prior to demotion.
Section 3.
Wages
A. All employees shall receive pay in accordance with Appendix A.
B. Employees of the Department who currently receive "grandfathered" E.M.T. pay shall continue to
receive such pay, provided the employee meets additional certification as required by Pinellas
County EMS System and retains his/her state and county certification as an E.M.T. If a "line"
Firefighter or Fire Lieutenant is receiving 5% "grandfathered" E.M.T. pay and is subsequently
promoted or assigned in an acting capacity to Firefighter/Paramedic, Firefighter/LeadMedic, or
Fire Lieutenant Rescue/ Paramedic, said employee shall receive the appropriate promotional or
acting pay and the "grandfathered" E.M.T. pay shall be deemed to be incorporated therein.
C. Employees who are state and county certified as an E.M.T. and assigned on an ALS unit will
receive E.M.T. pay of 5% above the employee's current base rate of pay. Effective October 1,
2000, employees who are state and county certified as an E.M.T. and assigned on an ALS unit will
receive E.M.T. pay of 5% above the employee's current base rate of pay provided the employee is
not receiving "grand fathered" E.M.T. pay.
D. The Department agrees to publish a semiannual list of the dates of expiration of all E.M.T. and
Firefighter/Paramedic certifications.
Section 4.
EMS Status
A. The Fire Department and all bargaining unit members shall comply with Florida Statutes and the
Pinellas County EMS Rules and Regulations regarding Quality Assurance and ACLS and BlLS
certification. The decisions of the County Medical Director in such matters shall not be subject to
the City grievance procedure but shall be addressed through the appropriate appeals procedure.
35
B. The demotion of a Firefighter/Paramedic, Firefighter/LeadMedic, or Fire Lieutenant
Rescue/Paramedic shall not be subject to the contractual grievance procedure or Civil Service
appeal procedure when the demotion is based upon clinical or ethical issues in the judgment of the
Fire Chief and staff and/or the office of the Medical Director of Pinellas County and as defilled in
the County Rules and Regulations governing EMS.
C. The demotion of a Firefighter/Paramedic, Firefighter/LeadMedic, or Fire Lieutenant
Rescue/Paramedic shall not be subject to the contractual grievance procedure or Civil Service
appeal procedure when the demotion is based upon the judgment of the Department that the
removed Firefighter/Paramedic, Firefighter/LeadMedic, or Fire Lieutenant Rescue/Paramedic was
not performing to the standards desired by the Department or the Pinellas County Medical
Director.
D. The demotion of a Firefighter/Paramedic, Firefighter/LeadMedic, or Fire Lieutenant
Rescue/Paramedic shall be subject to the contractual grievance procedure or the Civil Service
appeal procedure only if such demotion is the result of a disciplinary action.
E. The Arbitrator shall not have the power to substitute his/her judgment for that of the Department
or the Medical Director with whom Firefighter/Paramedics, Firefighter/ LeadMedics, and Fire
Lieutenant Rescue/Paramedics work in relation to performance of employees to the standards of
excellence desired by the City or the Medical Director.
Section 5. The parties agree that Firefighter/Paramedics, Firefighter/LeadMedics, and Fire
Lieutenant Rescue/Paramedics are healthcare professionals but shall not be considered "professional"
employees within the meaning of the Florida Public Employees Relations Act.
Section 6. If the application of this Article, or any part thereof, whether or not relating to pay,
is superseded by action of a superior governmental agency, then the City will be absolved of complying
with this Agreement to the extent of the conflict.
Section 7.
Temporary Reassignment
The Fire Chief shall determine when a Firefighter/Paramedic, Firefighter/LeadMedic, or Fire
Lieutenant Rescue/Paramedic is eligible to transfer temporarily from an ALS unit without loss of payor a
demotion for the purpose of employee development.
ARTICLE 24
FIREFIGHTER/DRIVER-OPERATOR
Section 1.
Classification
The classification of Firefighter/Driver-Operator shall be for those employees within the Fire
Department who are the drivers and operators of the following type vehicles: Fire Engines, Aerial
Apparatus, and Squad.
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Section 2.
Appointments
All Firefighter/Driver-Operator positions shall be filled by a promotional process. The minimum
qualifications shall be determined by the Department.
Section 3
Wages
All employees shall receive pay in accordance with Appendix A
ARTICLE 25
WORK SCHEDULE
Section 1.
A Hours and Days of Work: Shifts shall start at 8:00 AM. each work day and end at 8:00 AM. the
following morning. Total: 24 hours. Coverage shall consist of three shifts: "A", "B", and "C",
which will work in the following rotation (see sample monthly work schedule below):
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 work 2 off 3 work 4 off 5 work 6 off 7 off
8 off 9 off 1 0 work 11 off 12 work 13 off 14 work
15 off 16 off 17 off 18 off 19 work 20 off 21 work
22 off 23 work 24 off 25 off 26 off 27 off 28 work
29 off 30 work, etc.
B. Inspection Division: Fire Inspectors will work in shifts of 8:00 AM. to 4:30 P.M. and 7:30 AM. to
4:00 P.M., Monday through Friday, with a 30-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 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 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.
Section 3. Department policy may require the scheduling of overtime. The department shall
attempt to equalize overtime to the extent practicable. The selection of certified and/ or trained individuals
may be required and shall be allowed. The current practices regarding overtime compensation shall be paid
as defilled in this Agreement.
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A. Overtime Lists
1. Relief and Back-up lists shall be maintained for the assigning of overtime. The overtime lists shall
be maintained as an electronic document to be accessible through the department's computer share
directory.
2. The lists shall be updated daily by an assigned Fire District Chief.
3. The lists shall consist of those employees who elect to work overtime. At the start of each shift,
employees shall notify the Fire District Chief if they desire to be eligible for overtime on
subsequent shifts.
4. Names will be arranged on the overtime list by classification in ascending order of overtime credits
B. Overtime Credits
1. Employees shall be assigned credits hour for hour based on the overtime hours worked.
2. Employees who refuse an overtime assignment when contacted between 7:30 and 8:00 a.m. after
agreeing to be available for a shift shall be assigned credits equaling the number of hours of the
shift refused. No credits will be added for refusal after 8:00 a.m.
3. No credits shall be added for the refusal of shifts less than 12 hours, nor shall credits be added for
working a shift of less than 8 hours.
4. Inability to contact an employee who has agreed to be available shall not be cause for adding
credits.
5. Credits shall be deducted when an overtime shift for which an employee is scheduled is canceled.
6. New employees shall be placed on the list after six months of service with the number of credits
equal to the maximum accumulated by any employee in the same classification on the list.
7. Overtime credits shall carry over from year to year and shall not be zeroed out.
C. Selection Procedures
1. The Fire District Chief shall be responsible at the beginning of each shift for the scheduling of
overtime by contacting the appropriate employee position for position by classification who has the
lowest number of credits on the list.
2. The Fire District Chief shall attempt to fill the overtime position by utilizing the "Relief" list and
then by the "Back-up" list.
3. Should no employee in the necessary classification be available from either the Relief or Back-up
list, then the Fire District Chief shall attempt to fill the position by utilizing an employee on his own
shift who is on the eligibility list for the classification. If the Fire District Chief is successful, he/ she
shall then attempt to fill the newly created opening by proceeding from step 1 above.
4. If the Fire District Chief is unsuccessful in step 3, he/she shall attempt to fill the position by
utilizing an employee from the overtime lists who has the lowest number of credits and is also on
the eligibility list for the necessary classification.
5. If the Fire District Chief is unsuccessful in step 4, he/she shall attempt to fill the position by
utilizing an employee who meets the minimum eligibility requirements for the necessary
classification first from his/her own shift and then from the overtime lists.
6. Failing all of the above, the Fire District Chief may fill the position with an employee who is
otherwise determined to be capable of performing the duties or the affected unit may be taken out
of service.
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Section 4.
conditions:
Employees within the Department may exchange on-duty time upon the following
A. That the person filling in be acceptable to the company officer and shift commander prior to the
change.
B. That the persons desiring the exchange notify the company officer of the anticipated change not
less than 48 hours prior to the start of the anticipated change unless such exchange arises under
emergency situations.
C. That no person may be allowed to exchange more than 120 hours per fiscal year unless the Fire
District Chief or Fire Deputy Chief/Operations 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
appropriate 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. Any premium of
acting pay shall be in accordance with Departmental policy.
Section 5.
Overtime / Court Time
A. When an employee is called in at least 30 minutes prior to the start of his/her regularly scheduled
shift, he/ she will be paid a minimum of four hours at the overtime rate of pay. The City may
require the employee to remain on duty for the duration of the four hour period or for as long as
he/ she is needed, at the option of the City.
B. When an employee is held over past the end of his/her regularly scheduled shift, the time held over
shall be counted as time worked and the employee shall be guaranteed pay at the overtime rate for
all holdover time worked.
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C. Any employee whose appearance is required in Circuit Court or County Court as the result of a
matter arising out of the course of his/her employment, shall receive a minimum of two hours pay
if such attendance is during the employee's off-duty hours. This time will be counted as hours
worked toward the calculation of overtime. This same provision shall also apply when the
employee is subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or a
private attorney's office, in a criminal case arising from the employee's course of employment.
However, this provision shall not apply when an employee or the Union has brought an action
against the City or any City official.
Section 6.
Daylight Savings Time
All bargaining unit members on the regularly scheduled shift in the Fall that as a result of
Daylight Saving Time actually work (sweat) twenty-five hours shall receive their standard biweekly rate
of pay plus one additional hour in the affected pay period. The additional hour actually worked shall be
counted towards the calculation of Overtime at the end of the respective FLSA cycle.
All bargaining unit members on the regularly scheduled shift in the Spring that as a result of
Daylight Saving Time actually work (sweat) twenty three hours shall receive their standard biweekly rate
of pay in the affected pay period. The additional hour not actually worked shall count as hours actually
worked and shall be counted towards the calculation of Overtime at the end of the respective FLSA
cycle.
Vacation, Floating Holiday, and Sick Leave days used on the affected days shall count as 24 hours
in either of the above instances. Exchanges of on-duty time (swaps) on the affected days shall be treated in
accordance with Section 4 of this Article. As such, the regularly scheduled employee shall be entitled to
credit for the additional hour in the Fall.
ARTICLE 26
WORK RULES AND PREVAILING RIGHTS
Section 1. It is understood and agreed by both parties that the duties performed by members
of the bargaining unit cannot always be covered by job descriptions and, therefore, members of the
bargaining unit may be required to perform duties in addition to all those listed within the current job
descriptions which are, in the judgment of the City, related to the purposes of the Fire Department, which
judgment shall not be arbitrary, capricious or unreasonable.
Section 2. Any Fire Department Rule or Regulation in conflict with this Agreement shall be of
no force and effect.
Section 3. Prior to the implementation of any changes in the existing Fire Department Rules
and Regulations, the Fire Chief must provide ten days notice. If requested by the Union, the change will be
referred to the next Labor/Management Committee meeting, which shall be scheduled within 10 work
days to meet and discuss such change. The rule will be implemented after the initial lO-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.
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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 1,2 and 3 of this Article or as expressly
provided elsewhere in this contract.
Section 5.
Subcontracting
During the term of this Agreement, the City shall not subcontract out to private concerns any fIre
suppression, Emergency Medical Service and rescue services of the Department. Any action of the state of
Florida or Pinellas County to assume control of any basic fire suppression, Emergency Medical Service or
rescue services shall not be deemed subcontracting.
Section 6.
Indemnification
The City agrees to defend any employee when the employee is sued on any claim arising out of
his/her employment with the City and acting within the scope of his/her duties. The employee agrees to
cooperate in his/her defense.
The City also agrees to pay any judgment rendered against an employee for acts committed when
the employee is acting within the scope of his/her City employment, provided that the employee did not
act intentionally, with malice, or with gross negligence.
Section 7.
Sports
Participation in sporting activities while on duty shall be permitted ill accordance with Fire
Department S.O.G.
Section 8.
Lawn Maintenance
Employees covered by the contract shall not be required to perform lawn maintenance at the flre
stations.
ARTICLE 27
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 or City Pension ordinance shall apply.
3. In the event two or more employees have the same seniority date, the employee whose f1fst
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 pos111on 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 months in accordance with this Agreement. The length of any
such suspension of more than three months shall be deducted from the length of continuous
service in computing seniority.
5. Dismissals subsequently withdrawn or modified by the Appointing Authority, arbitration
award, grievance decision, or the Civil Service Board in accordance with this Agreement.
6. Resignations subsequently withdrawn, in accordance with this Agreement, within six months
after acceptance, followed by reinstatement or appointment from the reemployment list;
provided, however, that the actual length of separation from the 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 employees in the class involved shall be laid off
before any permanent status employees in the class involved. The order of layoff of probationary
employees 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, Firefighter/Driver-Operator, Firefighter/Paramedic, Firefighter/Lead Medic, Fire
Lieutenant, Fire Lieutenant/Rescue-Paramedic~ 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. An employee who is designated to be
laid off shall have the opportunity to revert to the position he/she held prior to his/her current
classification. If this movement requires further reduction in the work force, the same procedure
shall be utilized for subsequent positions in accordance with this section, and the process continued
through the ranks thereafter. Within the involved classes, layoffs shall be accomplished by the
following groupings:
1. Group A -- Employees with one through three years of service in the Clearwater-Fire
Department.
2. Group B
Department.
3. Group C --
Department.
4. Group D
Department.
Employees with four through SlX years of service ill the Clearwater Fire
Employees with seven through nine years of service in the Clearwater Fire
Employees with 10 through 12 years of semce ill the Clearwater Fire
5. Group E -- Employees with 13 through 15 years of service in the Clearwater Fire Department.
6. Group F -- Employees with 16 through 18 years of service in the Clearwater Fire Department.
7. Group G -- Employees with 19 or more years of service in the Clearwater Fire Department.
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All employees in Group A must be laid off before any employees listed in Group B; all employees
in Group B must be laid off before any employees listed in Group C; etc. Within each group, employees
shall be ranked by management and employees laid off by the rank order established. Management rating
of employees can be based upon performance evaluations by management of the preceding 3-year period
(if available), disciplinary actions, and physical ability to perform the job. When other qualifications are
substantially equal, Fire Department seniority will govern. Management will provide a list of the rank order
within Groups prior to the layoff.
Section 3. No new employee shall be hired until the employee on layoff has been given an
opportunity to return to work at his/her original seniority date and position; provided, that after one year
of layoff the employee shall cease to accrue seniority and that such reemployment rights shall cease after
two years from the date of layoff.
Section 4. The Fire Chief shall give written notice to the Human Resources Director and to
the affected employee(s) including the President of the Union, on any such proposed layoff. Such notice
shall state the reason thereof and shall be submitted 30 days before the effective date of proposed layoff.
ARTICLE 28
PHYSICAL EXAMINATION
Section 1. Employees covered by this labor agreement shall be required to undergo an annual
physical examination during their month of hire each year after the year of hire ~
Section 2. The employer shall determine the extent of the examination and bear the cost of
each examination. Additionally, employees shall be provided an allowance for attending the physical
during off-duty hours. The results of these physicals shall be made available to the City and to each
employee upon completion of the physical. The Department shall post the name and phone number of
the facility where the physical shall be administered. Physicals shall include but not necessarily be limited to
the following:
1. 12 Lead EKG - (Stress, 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
10. Spirometry (pulmonary Function)
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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 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. The City further agrees to
reimburse the co-pay cost for any preventive inoculation or immunization shots an employee may receive
from his/her City primary care physician.
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. The City agrees to contract with a licensed physician who shall be selected by the
City and agreed to by the Union to act as a Department Physician whose duties shall be to advise the
employees and the department in matters concerning the health of the employees.
Section 6. The City and Union agree that based upon a mutual agreement of the parties, this
Article may be reopened for the purpose of negotiating a Wellness provision only. If the Article is
reopened for such purpose and the parties are not able to reach an agreement, the item shall not be subject
to the impasse procedure and the Article shall remain status quo in whole and part.
ARTICLE 29
SUBSTANCE USE AND TESTING
Section 1. Voluntary use of controlled substances which cause intoxication or impairment on
the job poses risks to the employer, the affected employee and their cow<)rkers.
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. Fire District Chief<; 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 defilled 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 20 calendar days before such
regulations are implemented. No drug testing may be conducted without the written approval of
the Fire Chief or designee. The Fire Chief 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, and no discipline shall be levied against the bargaining unit employee.
Section 4. When a Fire District Chief or other supervisory personnel has reasonable suspicion
to believe that a bargaining unit employee is using, consuming, or under the influence of an alcoholic
beverage, non-prescribed controlled substance (other than over-the-counter medications), and/or non-
prescribed narcotic drug while on duty, the Fire District Chief or other supervisory personnel will notify
the Fire Chief or designee for the purpose of observation and confirmation of the employee's condition. If
the Fire Chief 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 Fire District Chief or other supervisory personnel and the Fire Chief 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.
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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.
Test Procedure
The City's Anti-Drug Policy and Alcohol Policy delineate test procedures. Revisions governing
testing standards and job classification specifications shall be made as revisions to laws or regulations of
state or federal government agencies deem permissible. Union representatives will be furnished with
copies of the policies upon revision. 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. Any sample which has been adulterated or is shown to be a substance other than urine shall be
reported as such.
D. When an employee tests positive on the screening test (i.e., a drug or drugs is/are detected), a
second test, the Gas Chromatography/Mass Spectrometry, will be run on the sample originally
taken. If the second test does not detect the presence of a drug or drugs, the second test shall
prevail. When a urine or blood specimen for testing is obtained from an employee by an
independent medical facility selected by the City, a sufficient quantity of the specimen shall be
obtained for testing by the contract laboratory and a laboratory designated by the Union or the
employee. The sample shall be transmitted to the contract laboratory and to the laboratory
designated by the Union or employee as soon as possible by the independent medical facility.
These tests shall be made as soon as possible by the laboratories. The Union or employee shall
bear the cost of its separate test.
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E. If the results of the tests administered by the employer on the two samples show that the employee,
while on duty, was under the influence of or drank, smoked, ingested, inhaled or injected alcoholic
beverages, non-prescribed narcotics, marijuana, cocaine, PCP, or non-prescribed amphetamines,
appropriate discipline may be imposed by the employer after the following procedures has been
followed:
The employee shall be presented with a copy of the laboratory report before any discipline is
imposed. The Union and the employee shall then have 24 hours to present to the employer any
different results from the test of the sample conducted by a laboratory selected by the Union. After
considering the results of the third test performed for the Union (if presented), the employer may
discipline the employee.
A test result indicating the employee is under the influence of alcohol, or indicating the use of illegal
drugs or controlled substances (when taken without a prescription issued to the employee or
without being under the care of a physician or being taken other than in complete conformance to
the prescription), while on duty will result in the employee being required to attend and complete
an appropriate detoxification, alcohol or drug abuse program. The employee shall be allowed to
use sick leave in accordance with this agreement for absence from duties to attend any such
appropriate program. Should the employee not have sufficient accumulated sick leave to use for
this purpose, the employee shall be granted a leave of absence without pay to attend said program.
After completion of any detoxification program, the employee shall be subject to three random
blood tests anytime during a twelve-month period after completion of detoxification. A positive
test on any of these three tests will subject the employee to discharge.
Section 6. Employees who seek voluntary assistance for alcohol and substance abuse may not
be disciplined for seeking such assistance. Requests from employees for such assistance shall remain
confidential and shall not be revealed to other employees or management personnel without the
employee's consent. Such employees shall be subject to all employer rules, regulations and job
performance standards, with the understanding that an employee enrolled in such a program is receiving
treatment for an illness.
Results to urine and blood tests performed hereunder will be considered medical records and held
confidential to the extent permitted by law. Tests shall only be performed for alcohol, chemical
adulteration, marijuana metabolites, cocaine metabolites, opiates, amphetamines and phencyclidine and the
laboratory shall only report on the presence or absence of these substances.
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 30
AMENDMENTS
This Agreement may be amended at any time by the mutual written consent of the parties, but no
such attempted amendment shall be of any force or effect until placed in writing and executed or ratified as
required by each party hereto.
ARTICLE 31
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. In the event that any clause or clauses shall be finally determined to
be in violation of any law, such clause or clauses only shall be deemed of no force and effect and
unenforceable, without impairing the validity and enforceability of the rest of the contract, including any
and all provisions in the remainder of any clause, sentence or paragraph in which the offending language
may appear.
Section 2. The exercise or non-exercise by the City or the Union of the rights covered by this
Agreement shall not be deemed to waive any such right or the right to exercise them in some other way in
the future.
Section 3. In the event of invalidation of any article or section, both the City and the Union
agree to meet within 30 days of such determination for the purpose of arriving at a mutually satisfactory
replacement for such articles or sections.
ARTICLE 32
CONTRACT CONSTITUTES
ENTIRE AGREEMENT OF THE PARTIES
The parties acknowledge and agree that, during the negotiations which resulted in this Agreement,
each had the unlimited right and opportunity to make demands and proposals with respect to any subject
or matter included by law within the area of collective bargaining and that all the understandings and
agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this
Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and
unqualifiedly waive the right to require further collective 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 agreement of both parties.
49
ARTICLE 33
DURATION, MODIFICATION AND TERMINATION
This Agreement shall be effective as of October 1, 2003, and shall continue in full force and effect
until September 30, 2004. At least 120 days prior to the termination of this Agreement, either party hereto
shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to
notify the other party of intention to modify, amend or terminate, as herein above set forth, will
automatically extend the provisions and terms of this Agreement for a period of one year, and each year
thereafter absent notification.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this
/7"" day Of) , 2005.
ATTEST:
CITY OF CLEARWATER, FLORIDA
~~~
William B. Horne II, City Manager
Approved as to form and correctness:
Countersigned:
/JJ. X *
Pamela K. Akin, City Attorney
-=t.-e ~
~k Hibbard, Mayor
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, Local 1158
WITNESSES:
~.
David Hogan, Secret /Treasurer, Local 1158
50
APPENDIX A
WAGES
FIREFIGHTER
PAY RANGE F-02 (80/112 HOURS)
Step October, 2003
Biweekly
1 $1,173.59
2 $1,233.47
3 $1,293.23
4 $1,360.69
5 $1,427.80
6 $1,498.82
7 $1,536.22
8 $1,573.55
9 $1,618.45
10 $1,658.93
11 $1,701.33
12 $1,743.83
FIREFIGHTER/DRIVER-OPERATOR
PAY RANGE F-04 (80/112 HOURS)
Step October, 2003
Biweekly
1 $1,232.28
2 $1,295.15
3 $1,357.89
4 $1,428.73
5 $1,499.18
6 $1,573.76
7 $1,613.03
8 $1,652.21
9 $1,699.40
10 $1,741.86
11 $1,786.39
12 $1,831.03
1
FIREFIGHTER/PARAMEDIC
PAY RANGE F-08 (80/112 HOURS)
Step October, 2003
Biweekly
1 $1,349.65
2 $1,418.50
3 $1,487.22
4 $1,564.78
5 $1,641.99
6 $1,723.65
7 $1,766.62
8 $1,809.58
9 $1,861.23
10 $1,907.74
11 $1,956.51
12 $2,005.41
FIREFIGHTER/LEAD MEDIC
PAY RANGE F-10 (80/112 HOURS)
Step October, 2003
Biweekly
1 $1,408.31
2 $1,480.17
3 $1,551.88
4 $1,632.82
5 $1,713.35
6 $1,798.60
7 $1,843.45
8 $1,888.27
9 $1,942.18
10 $1,990.71
11 $2,041.59
12 $2,092.60
11
FIRE LIEUTENANT
PAY RANGE F-12 (80/112 HOURS)
Step October, 2003
Biweekly
4 $1,655.81
5 $1,738.04
6 $1,831.46
7 $1,872.61
8 $1,921.21
9 $1,969.72
10 $2,018.94
11 $2,069.42
12 $2,121.14
FIRE LIEUTENANT RESCUE/PARAMEDIC
PAY RANGE F-13 (80/112 HOURS)
Step October, 2003
Biweekly
4 $1,904.19
5 $1,998.76
6 $2,106.21
7 $2,153.50
8 $2,209.39
9 $2,265.17
10 $2,321.77
11 $2,379.83
12 $2,439.33
111