CLEARWATER OFFICERS BARGANING UNIT 2009-2012FV/
AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
FRATERNAL ORDER OF POLICE
CLEARWATER OFFICERS BARGAINING UNIT
2009 2010
2010 2011
2011 2012
TABLE OF CONTENTS
ARTICLE # TITLE PAGE #
Preamble .........................................................................................1
Article 1 Recognition and General Provisions ..............................................1
Recognition ....................................................................................................1
Contract Constitutes Entire Agent .....................................................1
Severability and Waiver ................................................................................. 2
E xisting Rules ................................................................................................. 2
Article 2 Representatives of Parties ..............................................................2
Article 3 Rights of Parties .............................................................................3
Officers Bill of Rights ................................................................................... 3
Cites Managerrmt Rights ............................................................................4
Union Rights .................................................................................................. 4
Article 4 No Strike ......................................................................................... 7
Article 5 Labor/Management Cooperation ..................................................7
Article 6 Grievance Procedure ......................................................................8
Definition ........................................................................................................ 8
Steps ................................................................................................................ 9
Arbitration ....................................................................................................10
Article 7 Personnel Practices .......................................................................11
Police Officers' Duties ................................................................................ 11
Special Duty Call Out .................................................................................. 11
Off-Duty Calls .........................................................................................I... 11
Probationary Periocls ................................................................................... 12
Promotional Procedures ............................................................................. 13
E stablishment and Duration of E ligibility Lists ...................................... 14
Removal of Names f mm. E ligElity Lists ................................................. 14
Appointments ............................................................................................... 15
Productivity .................................................................................................. 15
Training ........................................................................................................ 15
Personnel Records ....................................................................................... 16
ResidencyRequ rements ............................................................................. 16
Tobacco Product UW .............................................................................. 16
Seat Belts and Safety Gear .......................................................................... 17
Off-DutyConcealed Weapons .................................................................. 17
Physical Examinations, Inoculations, and Fitness .................................. 18
Outside Employment ................................................................
Legal Protection ........................................................................................... 19
Copies of Ukw& ipal Code .......................................................................... 19
Paycheck Issuance ....................................................................................... 19
TABLE OF CONTENTS
ARTICLE # TITLE
PAGE #
Article 8 Leaves of Absence ........................................................................20
Designated Holidays .................................................................................... 20
Floating Holidays ......................................................................................... 20
Vacation ........................................................................................................ 23
Sick Leave ..................................................................................................... 25
Bonus Leave Days ....................................................................................... 27
Leave Pool .................................................................................................... 28
Funeral Leave ...............................................................................................29
MilitaryLeave ............................................................................................... 29
Time Off ....................................................................................................... 32
Leave Without Pay ...................................................................................... 33
Article 9 Wages & Compensation ...............................................................34
Wages ............................................................................................................ 34
Overtime ....................................................................................................... 36
Cornpensatory Time .................................................................................... 36
Shift Differential ..........................................................................................36
Standby .......................................................................................................... 37
Recall ............................................................................................................. 37
Acting Pay ..................................................................................................... 37
Job Assignment Pay .................................................................................... M
Canine Officers ............................................................................................ 39
Court Attendance and Stanc by .................................................................. 39
Line-of-Duty Injury .....................................................................................40
Uniform Allowance ..................................................................................... 43
Tuition Refund ............................................................................................. 43
Article 10 Insurance ...................................................................................... 43
Article 11 Performance & Discipline ............................................................44
Article 12 Drug & Alcohol Policy ................................................................. 45
Article 13 Retirement ............................................................................••......46
Article 14 Seniority, Layoff, and Recall ........................................................46
Article 15 Duration, Modification, & Termination ...................................... 49
Appendix A Pay Schedules ..................................................................................i
PREAMBLE
This Agreement is entered into between the City of C6wvoter, Florida, hereinafter refereed to
as the "City' and the Florida State Lodge of the Fraternal Order of Police, Clearwater Officers
bmgFnining unit, heymafter referred to as the "Union" It is the intent and purpose of this Agreement
to assure sound and mutually berieficial working and economuc relationships bet"em the parties
hereto, to provide an orderly, peaceful and timely means of resolving any ' rriisui-dming? or
differences which may arise, and to set forth herein the full agreements between the parties concerning
rates of pay, wages, hours of employment, and other terms and conditions of employment. It is
understood that the City is engaged in furnishing essential public services which vitally affect the
health, safety, comfort and gmeral well being of the public, and both parties hereto recognize the need
for continuous and reliable service to the public. There shall be no individual anar>ge -ent contrary to
the terms herein provided.
ARTICLE 1
RECOGNITION AND GENERAL PROVISIONS
Section 1. Recognition
The City hereby recognizes the Union as the exclusive bargaining representative as defined in
Chapter 447, Florida Statutes, as mierx, for all employs employed in the unit defined by the
Public Employee Relations Commission m its certification No. 239, dated June 24, 1976, as nxx fied
by Case No. RC-91-001 (verification of election results and modification of b&Wining unit to include
Police Service Technicians) and arneended by Case No. AC-2003-008 (substitution of F.O.P. Lodge
# 10 as certified bargaining agent), which certification includes all Police Officers below the rank of
Sergeant, except as modified below, and Police Service Technicians. It is understood by the parties
that Police Cadets who have not yet successfully completed the State law enforcement certification
exam, "non-paid police reserves," "police reserves," and "police auxiliary officers," and "part-time
officers" are specifically excluded from this recognition
Section 2. Contract Constitutes Entire Agreement
The parties acknowledge and agree that during the negotiations which resulted in this
Agreenent, each had the unlimited right and opportunity to make denw ds and proposals with respect
to arty subject or matter included by law within the area of collective banning and that all the
underst? and agreements arrived at by the parties after the eacercise of that right and opportunity
are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each
voluntarily and unqualifiedly waives the right to require further collective bring and each agrees
that the other shall not be obligated to ban 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 wit. This
Aunt contain the entire contract, mderstandingundffWdng and agreernent of collective
banning for and during its terra except as maybe otherwise specifically provided herein
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This Agreement may be amended at any time by the mutual consent of the parties, but no such
attempted amendmimt shall be of any force or effect until placed in writing and executed by each party
hereto.
The parties agree to baxgpin proposed chwWs in the City's Pension Plan and dwges in the
City's Civil Service Rules that deal with mandatory subjects of collective bargaining and any intact
these changes may have on ba W&*ig unit memixffs.
Section 3. Severability and Waiver
Each and every clause of this Agreement shall be deemed separable from each and every other
clause of this Agvem-ont. In the event that any clause or clauses shall be finally determined to be m
violation of any law, such clause or clauses only sball be deemed of no force and effect and
unenforceable without mTairing the validity and enforceability of the rest of the contract including any
and all provisions in the reman er of any clause, sentence or paragraph in which the offending
language may appear.
The exercise or non-exercise of the rights covered by this Amt by the City or its
employees or agents or the Union shall not be deemed to % ve any such right or the right to use
them in the future.
Section 4. Existing Rules
A Police Departrrmt nie, regulation, policy or procedure now in existence in conflict with this
Agreement shall be resolved by modification of such rule, regulatiori, policy or procedure to be
conTatible with this Agreement.
Employees shall be required to observe and comply with all am-ent and future written riles
and regulations as set forth in Departmental procedures and such special and gan eral orders and other
written conmiunications, except those which are in conflict with this Agri.
No disciplinary action shall be taken for violation of a newly established or amended rule or
regulation until such nile or reguilation has been posted for at least forty-eigklt (48) hours.
The Union shall be forwarded a copy of any written departmental merrorandunry rule,
regulation, general or sped order, or policy intended for publication at least 10 days prior to the
effective date such document is intended to establish a standard of conduct for members of the
bargaining unit The Union shall have the ngtd to meet with the Police Chief or his/her designee to
discuss the item.
ARTICLE 2
REPRESENTATIVES OF PARTIES
Section 1. The City agrees that during the term of this Agreement it will deal orgy with the
authorized representatives of the Union in all matters mquuiring mutual consent or other official action
called for by this Agreerrient The Union agrees to notify the City of the name of such authorized
representatives as of the execution of this Agreenerrt and each replacement therefor during the term
of this Agreement.
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Authorized representatives shall be defined as the elected Officers of the Union and duly
elected or appointed stewards, provided that notification has been provided in writing to the Office of
the Police Chief at least twenty-four (24) hours in advance. Until such notice is received, the City is
under no obligation to recognize the individual as an authorized representative of the Union
Section 2. The Union likewise agrees that during the term of this Alit the Union and
the employees covered heneu order shall deal only with the City Manager or his/her dative in
matters reT mng mutual consent or other official action and specifically the Union agrees that neither
the Union nor the employees hereunder shall seek to involve the CitYs elected officials in the
adrruirvstration of this Agreement, or otherwise in the operation of the City's Police Depmtmmt. All
matters relating to grievances shall be processed only through the grievance procedure as set forth in
this Agreement.
ARTICLE 3
RIGHTS OF PARTIES
Section. 1. Any right or TAurking condition enjoyed by employees covered by this
Agreement as the result of specific action taken by the City Manager or Chief of Police shall not be
changed in an arbitrary or capricious rnarorer.
Section 2. It is understood and agreed that swim police officers have rights and protection
under the Florida Statute commonly known as the Police Officers Bill of Fights, Florida Statute,
Sections 112.531, 112.532, 112.533 and 1125M.
Section 3. The Union and the City shall not interfere with the right of employees covered
by this Agreement to become or to refrain from becoming members of the Union, and neither the City
nor the Union shall unlawfully discriminate against any such employee because of membership or non-
members * in any employee organization
Section 4. The Union and its officers agree to support federal and state laws and
regulations thereunder which have the effect of law and to abide by their> and further to encourage all
bargaining unit members to comply with such laws and regulations at all times. From time to time, as
the City issues policy statements or develops specific trE ing programs concerning arm of prohibited
discrimination under federal laws and regulations, the City may submit such policies and/or prog m-s
to the Union for their review and consideration for er>dorsernent. If the Union deterrn vies not to
endorse the policy and/or program, it shall advise the City of its reservations which have precluded it
from endorsement.
Section 5. The City opposes any form of employment dis rimination which is made
unlawful under applicable State and Federal law Any claim of discrimination by an employee agvnst
the City, its officers or representatives, shall not be grievable or arbitrable under the provisions of the
Grievance Procedure contained herein, but shall be subject only to the method of reviewpmKnbed by
law.
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Section 6. City s Management Rights
A. Except as expressly limited by any provision of this Agreement, the City reserves and retains
exclusively all of its nornnal and inherent rights with respect to the management of its operations,
including but not limited to, its rights to determine, and from time to time redetermine, the
n=ber, location and type of its various operations, functions and services; the methods,
procedimes and policies to be employed; to discontinue the conduct of any operation, function or
service, in whole or in part, to transfer its operations, functions or services, from or to, either in
whole or in part, any of its departments or other divisions; to select and direct the working force in
accordance with requirements debffmiried by the City, to create, modify or discontinue jobs, to
establish and change working nrles and regulations; to crate new job classifications; to establish
and charW vwrk schedules and assignments; to trarder, promote or demote employees, to lay off,
furlough, berminate or otherwise relieve employees from work for lack of work, lack of funds, or
other legitiniate reason; to suspend, discharge or otherwise discipline employees for just cause; to
subcontract; to alter or vary past practices with prior notification and otherwise to take such
measures as the City may determine to be necessary to the orderly and efficient operation of its
various operations, functions and services.
B. If in the discretion of the City Manager or the Mayor it is determined that civil emergency
conditions exist, inclining, bit not limited to, riots, civil disorders, strikes, humcane conditions, or
similar catastrophes or disorders, this Agremud may be sited by the City Manager or the
Mayor during the time of the wed emeqgaxy, provided that vie rates and other direct
monetary payments shall not be suspended; provided, however, that any grievance arising during
suspension of this Agreement will be pursuable on ternwiation of the declared emerqncy.
C Nina t shall not assign, reassign, discipline, demote, or discharW any employee of the
bargaining unit in an arbitrary or capricious fashion
D. The City and Union agree to bargain the impact of the exercise of Nbrogmimt Rights to change
wages, hours or terms and conditions of employrrient of any person covered by this Agreement
upon timely reqjest by the union and to the extent provided bylaw
Section 7. Union Rights
A. Union Dues and Checkoff - During the term of this Agnmarient the City agrees to deduct dues
owed by the employee to the Union on a biweekly basis. Prior to such deduction the Union
shall provide the City with a signed statemerut from each employee whose dues are to be
deducted in a form satisfactory to the City. Any authorization for dues deduction may be
canceled or amended by the employee upon thirty (30) days vvritten notice to the City or to the
City and the Union and shall also be discontinued in the event the employee is terminated or is
transferred, promoted or otherwise moved out of the bargmning omit.
Upon notification from the Union as to the amount, the City shall raise the dues deduction
according to the established amount provided in the Union bylaws.
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This Agreeinent applies only to the decbxtion of basic maribership dues and unifomt
assessments and shall not apply tc) the collection of any fines, penalties or special assessments.
In the event that an employee s salary earydng3 within any pay period, after deductions for
withholding, pension or social security, health and/or hospitalization insurance or other standard
or legally required moons, are not sufficient to cover dues and special assessr:nents, it will be the
responsibility of the Union to collect its dues for that pay period from the employee.
B. Stewards -- The stewards of the Union shall consist of active, current smm employees of the
bargaining unit or their designee. The Union will submit a list of the elected officers, stewards, and
designees to the Chief of Police and shall notify the Chief of Police of any changes to the list.
Any steward who feels u - qualified to mpresent a rnerrb on any rear will be permitted to
contact the Union President or another steward for representation
A steward shall not investigate or otherwise handle grievances during working hours without
the expressed consent of the corm on duty A steward shall not investigate his/her own
grievance or otherwise represent hiniself/hersdf.
No employee, while on duly, shall meet and discuss any issue with a steward without first
receiving approval from the appropriate supervisor on duty
G Indenmification -- The Union shall inderrnify, defend and hold the City, its officers, officials,
agents and employees harmless against any claim dimund, suit or liability (monetary or
otherwise) and for all legal costs arising from any action taken or not taken by the City, its
officials, agents and employees in complying with dues deduction. The Union shall promptly
refund to the City any funds received in accordance with this Agreement which are in excess of
the arnount of basic and uniform membership dues which the City has agreed to deduct.
D. Union Time -- The Union shall be allowed up to 400 hours of time off with pay per year for
the purpose of attending official F.O.P. functions, nvetirs or conferences. Such hours shall
also be used for time spent by bargaining unit riser nber s at any meetings pertaining to the City of
Clearwater where the members are specifically representing the interests of the Union Union
time off with pay shall be granted by the City for the purposes of grievance representation, labor
man_a nt meetings, contract ne ons, and participation as a member or attendee of any City
committee whff&y the Union member appears at the behest of and in the interest of the City.
Union time off with pay shall be provided for up to five Union representatives(excluding a note
taker) for contract negotiations. Requests for use of this time shall be made in advance in
writing and submitted on the proper form by one of the elected officers of the bargaining unit
to the u mediate supervisor of the bargaining urut member who will be utilizing the union time.
The Police Chief or his/her designee will grant such time off provided that, in his/her sole and
unlimited discretion, the efficiency of operation of the department will not be interfered with or
inp red. Any portion of the time not used in an annual period, which shall be defined as a
contract year, beginning with ratification shall be forfeited and shall not be carried forward into
the next annual period. Union time for contract negotiations may be negotiated as part of the
contract ground riles.
Pages
E. Union Notification Media - The City agrees to provide space on bulletin boards, utilization of
e-mail, or other appropriate means of distributing notices of meetings or other official F.O.P.
information. The Police Chief or his/her designee shall review and approve or not approve any
such posting or tmwiission of F.O.P. official information for distribution in any City facility.
No other City bulletin board, a-mail, or other distribution methods may be used by the Union
or any mmixx of the bargaining unit for any purpose not approved by the Police Chief. Such
approval shall not be unreasonably withheld The Union is expressly prohibited from posting
any infomnation relating to political campaigns.
F. Rules and Regulations and Memorandum
(a) The President of the Union shall be forwmded a copy of any written tniental
rronorandurr-? rLk regLilaticn, order, or policy, intended for publication to all menixts, of
the bargaining unit, wldch is intended to establish a standard of conduct for memlxis of the
bargpining unit.
(b) The President of the Union or his/her designee shall be forwarded a copy of the meeting
time and place of the Civil. Service Board in advance of that meeting
G. Posting and Copying of Agreement -- The City and the Union further agree to provide each
member of the bargaining unit, within sixty (60) days after its execution, a copy of this
Agreerritt, printed in booklet form The cost of printing shall be shared equally by both
parties-
R Use of Copying Equipment -- The City agrees to allow the Union officers to use the
Depmtnental copying equipment while off-duty under the following conditions:
(a) The Chief or his/her designee shall approve the copying of any matter which shall be
limited to departmental records which the Chief will not allow the Union to remove from
the Deparhrent and copy using its own equipmcnt.
(b) The Union will be charged and will remit such rate as may lifter be established by the
City in accordance with City Policy:
(c) Departn-ental business will of course take priority and the Union will only be allowed to
make copies while the Depmtnent is riot otherwise using the copier.
1. The Union may designate a Civil Service Liaison officer who shall on request be relieved from duly
with no loss in pay for the purpose of attending Civil Service Board Meeting,, unless the efficiency
of operations of the Department will be interfered with or impaired in the sole and unlimited
dicnetiion of the Chief of Police or his/her designee.
J. The President of the Union shall, on request, be relieved from duty with no loss in pay to attend
the regular monthly greeting of the F.O.P. providing operations will not be interfered with
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K. The President of the Union or his/her designated delegate shall be provided a copy of the aganda
in advance of every regular City Condon meting If an item appearing on the agenda directly
affects members of the bargaining unit, the Union President or his/her designated representative
may petition the Police Chief to be relieved from duty with no loss of pay to attend the rneeh%
Pe mission will not be unreasonably withheld
L. With prior approval and providing the department detenrines in its sole discretion that there will
be no adverse impact to operations, the Secretary, Treasurer, State Tnstee or Board Member will
be permitted to attend labor rneetir gs or the regular monthly meetings of the Lodge if they are
vwrking Homever, they will be subject to call, and such meeting hours shall not be counted
toward the Union time referenced in paragraph D of this Section
TA The City shall grant the Union time off without pay on request. Requests for use of this tore
shall be made to the affected Division Comm nder via the chain of command and subsequently
approved by the Chief of Police or his/her designee. The Departineit will grant such time off
provided that in the opinion of the Depa tment operations will not be interfered with
ARTICLE 4
NO STRIKE
Section 1. The Union agrees that during the term of this Agreement it shall not authorize,
instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, vwrk stoppage or any
other act of like or similar nature likely to interfere with the efficient operation of the Gtys affairs
engaged in or supported by members of the Union and/or employees rested by the Union or
other agents or representatives of the Union or its affiliates.
Section 2. Should the Union or its meth bar employees covered hereu der within the City's
Police Deparhrent breach this M ide, then the City may proceed to the appropriate court and,
without notice, obtain a temporary resbrairaing order against such breach.
Section 3. Should any mernber of the bargaining unit participate in a strike as defined in
Chapter 447, Florida Statutes, he/she shall be s&ject to disnussal, and it is expressly agreed that such
violation constitUtIES just cause for disrnissal.
Section 4. The parties specifically incorporate herein the provisions of Florida Statutes
447.505, 447.507, arid 447.509.
ARTICLE 5
LABOR-MANAGEMENT COOPERATION
The City and Union support the concept of Labor-Mmagenimt cooperation to address
employee concerns that are not specifically provided for by contract provisions. Lzbor-Nbnagpment
efforts shall not be intend to bypass established grievance procedures or the right of
collective bargaining Labor-NImagarriffit cooperative efforts shall be u Wized for the purpose of
ciscumon and input from both parties on matters that maybe mutually resolved and are not subject to
collective bargaining grievance, or litigation pr,oceses.
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ARTICLE 6
GRIEVANCE PROCEDURE
It is the intent of this Article to provide a means for the fair, expeditious, and orderly s rt
of disputes that arise under this art behwm the Union and/or a bargaining unit member and
the City. All employees and supervisory personnel should make every effort to settle differences at the
lowest possible step outlined in this Article.
Section 1. A grievance shall be defined as any difference, dispute or complaint regarding
the mterptvtation or application of the tmm of this Agreement, except as exclusions are noted m
other articles of this Agreement. Prior to the filing of a grievance, the employee shall meet and dwass
the issue with the imrrvdiate supervisor.
Section 2. All grievances filed shall refer to the specific Article and Section of this
Agreement upon which the grievance is based and shall contain a concise sta?rrt of the facts alleged
to support the pevane and shall be signed by the grievant. Grievances mast be filed on proper
form supplied by the City and all information must be fu n islmed, including a request for Union
representation if desired at each step. The grieving party mrst state in writing the remedy sought to
resolve the grievance No grievance form may be anner i ded from the original written grievance at the
initial step of the Grievance Procedure. Grievances shall be processed m accordance with the
following procedure and shall be deherm d by application of the terms of this Agreement, the laws of
the United States, the State of Florida, and the Qiarter and Ordinances of the City of Clearwater.
Where the term "vwrking days" is used in this Article it shall refer to Monday through Friday.
Saturdays, Sundays and days designated as holidays are excluded. Probationary employees, including
Police Recruits and Police Officers, shall not have access to the Grievance Procedure for any matter of
discipline (includvng dischwW), ass pnents, sclvduling or access to training opportunities. Any
grievance by a regular employee relating to scion or dismissal shall be initiated at Step 3.
On behalf of employees covered by this Agreenment, the Union hereby waives any no of these
employees to resort to the Civil Service Board concerning any matter dined in this Agr eernertt. This
shall specifically include grievances relating to suspensions, demotions and disrnissals.
Grievances may be filed and processed by the Union except grievances of discipline which
must be initiated by the disciplined employee.
As used in this Article, time 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 regwsile for processing the gdevan•e All employees in the group shall
be identified, however only the spokesperson needs sign the grievance
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STEP 1
If the issue is not resolved by the immediate supervisor, the ?cieved employee shall present
his/her grievance in writing to his/her lieutenant within ten (10) working days after the employee has
knowledge or constructive knowledge of the oc munce of the action giving rise to the grievance. If
there is no heubmant in the employee's chain of corrn vrxt the aggrieved employee shall appeal to the
next step. The lieutenant shall review the grievance and meet with the employee and an official
bargaining unit Steward or other representative if one is requested. DiKwisions shall be informal for
the pirpose of settling differences in the simplest and most direct nmner. The lieu shall submit
a decision in writing to the aggrieved employee within ten (10) working days from the date the
grievance was presented to him/her. Where the lint detemvrres that he/she is unable to
respond due to cirmnstmoes of the grievance which may require a decision at a higher level, he/she
may respond by denying the grievance.
STEP 2
If the grievance is not settled in the first step, awwed employee within ten (10) working days
of the date of the answr in the first step, shall present it to the Division Head or his/her designee.
The grievance shall reefer to the specific section of the Agreenrnt upon which the grievance is based
and shall contain a concise statement of the facts. The grievant will not be entitled to modify or add to
the specific sections alleged in his/her written tice. The Division Head or his/her designee shall
obtain the facts con lung the alleged grievance and shall, within ten (10) working days of receipt of
the written grievance, meet with the aggrieved employee. The aggrieved employee may be
accompanied at this meeting by an official ba tWining unit Steward or other representative. The
Division Head shall notify the aggrieved employee of his/her won in writing riot later than ten (10)
working days following the meeting day.
STEP 3
If the grievance is not settled at the second step, the awed employee shall, within ten (10)
working days of the date of notification from the Divisor Head or his/her designee, present the
written grievance to the Chief of Police or his/her desgnee. The Chief of Police or his/her designee
shall obtain the facts concerning the alleged grievance and shall, within ten (10) working days following
receipt of the written grievance, meet with the aggrieved employeae. The aggrieved employee may be
accompanied at this rneeting by an official bargaining unit Stenvard or other representative The Chief
of Police or his/her designee shall notify the ag ieved employee of his/her decision in writing not
later than ten (10) work ng days following the ruing day.
STEP 4
If still rmresolved, the grievane and all responses may be submitted to the City Manager or
his/her designee within ten (10) working days of the time the response was due in Step 3. At the
request of the employee, the City Managier or his/her designee shall meet with the employee and an
official bargaining unit Steward or other rqxesettative if requested. The City may deternw.l8 who shall
meet with the employee. Within ten (10) working days, the City Manager or his/her designee shall
notify the employee, in writing of his/her won If a grievance is not submitted to the City
Manager, it shall be deemed to have been resolved at Step 3 to the employees satisfaction
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Section 3. In the event that the grievance is still unresolved, the matter shall be submitted
to final and binding arbitration as provided in this Section
A. Within ten (10) working days of the decision of the City Nkmagfr, the Union or the aggrieved
party, as applicable, shall notify the City Mariap r of its intent to arbitrate. Concurrently, said party
shall, request from the Federal Nikhation and Conciliation Service a list of seven (7) rimes of
qualified arbitrators. Within ten (10) working days after the receipt of such a list, representatives
of the parties shall meet and each party shall strike three (3) names. The party filing the grievance
shall strike the first name, and 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 arrangA the arbitration hearing shall be held Each party
shall pay its own expense for its representative, counsel and witnesses. The fees of the arbitrator
and other expenses of arbitration, including the appearance fee of a court reporter and the cost of
any trabyscript to be provided to the arbitrator, shall be shamed equally by the City and the
aggrieved party. The decision of the arbitrator shall be final and binding on both parties, except
that either party may petition for review in the circuit court.
The arbitrator shall have no power to amend, add to or subtract from the temis of this
Agreement, and if the City has denied the grievance on the basis that it was not timely filed at Step
2 of the gnev"- a procedure for n- dlivxW grievances or at Step 3 for grievances which bypass the
first two steps, and further if the arbitrator firds that the grievance is not tin-dy filed then the
arbitrator shall have no power to grant relief.
B. Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of
this Agreement shall be furnished to both parties within thirty (30) days from the filing of briefs
by the parties.
C. The arbitrator shall arbitrate solely the issue presenbed.
D. Unless ose mutually agreed upon, the submission to the arbitrator shall be based on the
original written grievance submitted in the grievance procedim
Section 4. Formal Processing of Grievance Initiated By City
Where any provision of this Ag emia tt involves responsibility on the part of the Union whichy
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 cmnot be resolved by discussion bet the City and the unit
representative on an informal basis, the grievance may be f ormally filed in writing by the City Manager
or his/her designee by giving written notice to the busiriess agent of the Union Such notice shall
indicate the provision(s) of the Ag wr ent which the City cones is/are not properly being carried
out by the Union If not resolved within ten (10) working days following receipt by the Union of the
written grievance, the City may submit the axe to arbitration under the provision of Section 3 of
this Article.
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ARTICLE 7
PERSONNEL PRACTICES
Section 1. Police Officers Duties
A The Union agrees that the duties of Police Officers covered by this Agreement involve the
performance of general police duties. The City agrees that rrxnixi rs of the ba Wning unit shall
not be required to perform duties or functions not reasonably consistent with the job specifications
and duties as set forth in their regxrdve job descriptions or reasonably related to the perforrnanee
of hwhions of the Police Department.
B. The City agrees that mere begs of the bmgEiining unit shall not be required to change automobile
tires, except in emeWicies, nor shall they be required to manually push disabled motor vehicles,
however, they shall make appropriate efforts to remove such disabled motor vehicles where the
elimination of blocked or congested traffic flow or related safety needs is such as to reflect that the
disabled motor vehicles should be reasonably relocated from the scene. Supervisors will be
provided a noose for rise by Police Officers in moving dead animals.
Section 2. Special Duty Call Out
A All employees who are covered by this Amt shall receive notice of any special duty detail,
not less than 5 working days prior to that event including canine demonstrations.
B. This section shall not pertain to emergencies or to unplanned or u nsclneduled events. Such
occurrences shall be corxlucted in accordance with established City policies and procedures.
C Employees assigned to the Criminal Irwestigaflon Division, Patrol Special Operations section,
Traffic section, or community poliong teams are subject to adjustments of their hours and/or days
to meet the ciW rYStances at hand NbriagmNd will give as much notice as possible when such
adjustments are made but it is urxkxstood that hours must be flexible.
Section 3. Off-Duty Calls
When a bargaining omit member is called by telephone by a supervisor, member of the State
Attorneys office, or a coworker who has been dir Kted to do so by a supervisor for departirerrtal
business solely to respond to a request for needed information, the employee shall be credited with
time worked as follows:
(a) If the call is six (6) minutes or less, the employee shall be credited with ors-tenth of an hour
of work time.
(b) If the call is greater than six (6) minutes, the employee shall be credited with the actual time
involved for work time.
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(c) If the employee is called by a supervisor, member of the State Attorney`s office, or a
coworker who has been directed to do so by a supervisor, and as a result of the call is
required to take an official action at home on behalf of the City to obtain infommabon, to
call other employees m the line of duty, to We other action on behalf of the City, and/or
subsequently to call the supervisor or other designated City personnel with a response, the
employee shall be credited with actual tune involved in complying with the supervisory
direc4tive- In such event, the employee shall be required to provide his/her supervisor with
a full accounting of the time and work for which the employee is to be paid
(d) Employees shall be compensated for any self-wed telephone calls that are deemed
appropriate and duly authorized for payment by their irnrrsdiabe sTmisor.
Section 4. Probationary Periods
A Police Service Technicians shall serve an initial probationary period of six (6) consecutive calendar
months during which time the Department shall observe and review the employee's job
perfornmance, attendance, attitude and mince to Departmental and City r_eauirer„e,ts.
If during the initial probationary period, or at the end of such period, the Department
determines that the employee fails to meet and/or adhere to _reguirprr or is unfit and/or
otherwise unsatisfactory, said employee may have his/her initial probationary period ectended at
the discretion of the Police Chief or his/her designee or may be separated by the City. The
ernployrnent status of an employee whose probationary period is extended shall remain the sarne as
that during the initial probationary period. An employee who is separated during or at the
expiration of the initial probationary period or any exberision thereof shall have no right to a
grievance under this confxact. The City shall present to the employee reasons for separation m
such event.
In the event that the employee Am previously a certified City employee who was promoted,
said employee may have his/her promotional probationary period extended, or may be rehmled
to his/her former position provided the position is still vacant and with the approval of the
former Department Director, or may be re-assigned to another position at the Sarre or lower
level for which the employee is determined to be qualified, or if none of the above may be
separated and have his/her name placed on a re-employment list for the former position
However, if such employee has committed a serious infraction which warrants disrrtissal, then
the employee shall be dismissed and not have his/her name placed on a re"ernployment list.
B. Police Officers, from the date of promotion or appointment to the won of "Police
Officer;" shall serve an initial probationary period consisting of the time required to successfully
complete the Field Training Officer Program and an additional twelve (12) consecutive calendar
months following the successful completion of the Field Training Officer program during Which
time the Deparhrient shall observe and review the employees job perfomuance, attendance,
attitude, and adherence to Depart and Casty rieTk er nmts.
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If, dozing the initial or promotional probationary period or at the end of such period the
Departriient determines that the employee fails to meet and/or adhere to requTernents or is unfit
and/or otherwise unsatisfactory, said employee may have his/her initial or promotional
probationary period extended or may be separated by the City. The City shall present to the
employee reasons for separation in such event. An employee who is separated dim ug or at the
expiration of the probationary period shall have no right to a grievance under this contract.
A City employee who has been previously certified under Civil Service rules in another
classification and who is promoted to Police Officer and subsequently fails to satisfactorily
complete the promotional probationary period as a Police Officer may have his/her promotional
probationary period extended, or may be returned to the former nor-police City position which the
employee premotsly held as a certified employee provided the portion is still vacant and with the
approval of the former Department Director, or may be re-assigned to another position of the
same or lower level for which the employee is determined to be qualified, or if none of the above
may be separated by the City and placed on the re-employment list for the former position
However, if such employee has committed a serious infraction which warrants dismissal, then the
employee shall be dismissed and-not have his/her name placed on a re-errnrployrrent list.
Section S. Promotional Procedures
A. All norrprobationary Police Officers who have completed five years of service as an Officer in the
Clemmiter Police Department shall be eligible to compete for the position of Police Sergeant and
all non probationary Police Service Technicians shall be eligible to compete for the position of
Police Service Technician Supervisor, provided they have satisfied the minimum qualifications as
established by the City/designee.
B. The minimum educational mqu r nt for promotion to Police Sergeant shall include a two-
year degree, or the equivalent credit hours from an accredited college or university.
G The promotional eligibility process for Police Sergeant will consist of an evaluation of established
criteria which may include a written eacamination, oral interview, education and prior experience,
specialized m* nments, performance evaluations, prior disciplinary actions, seniority, or other
factors as determined by the Police Chief Such criteria shall be noted on the announcerrmt of
each eligibility determination process, and shall be wed and scored to obtain a final eligibility
rating for each candidate The promotional process for Police Service Technician Supervisor shall
be based upon an evaluation of the education and experience of the candidates as detailed in a
written Training & Experience questionnaire:
D. Upon promotion, employees shall be placed into the step in the higher level classification that
represents at least a 5% increase in base pay. Employees who at the tirre of promotion are
receiving rob Assignment Pay in accordance with Article 9, Section 8 of this Agreement shall be
entitled to have incorporated into their base pay, prior to the calculation of the promotional
increase, the greater amount from paragraph A or paragraph B of that Section Such employees
shall be placed into the step in the higher level classification that represents at least a 5%
increase above the combined rate of pay and shall thereafter be eligible to receive job
Assignment Pay and any other additional pays in accordance with the respective tears and
conditions of this or other applicable Agreement.
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Section 6. Establishment and Duration of Lists
The promotional d rbility lists for Police Sergeant and Police Service Teclmi?an STervisor
shall be established each burn an opening exists. Names of candidates shall be placed on the Police
Sergeant eligibility list in order of the final eligibility rating debemnined by the established evaluation
process, and names of candidates shall be placed on the Police Service Technician eligibility list in
alphabetical order of all persons who have been determuned to meet the minimum eligibility criteria.
The City shall not be reT k d to prepare a promotional eligibility list solely because there is not art
available list, unless there is a current opening
Section 7. Removal of Names from Lists
Names of eligibles shall be removed from the appropriate E ligibility Last by operation of any of
the followings
(a) Appointment through certification from such list to fill a permanent position
(b) Written stz terrent by the eligible that he/she is not willing to accept appointment. Such
statement may be restricted to a lirriited period of brne if based on reasons satisfactory to
the Human Resources Director.
(c) Declination of appointment when appointment is offered by the Police Chief or City
Manager/designee•
(d) Separation from the City service of an employee on a promotional list.
(e) Disability that prevents the eligible from perf om*ig satisfactorily the duties of the position
(f) Removal from the employment area designated by the City when such residence is vas
required as a condition of appointment.
(g) Debffmnation by the Human Resources Director that the eligible has been found to lack
any of the established qualifications for the position
(h) Names of eligibles may be removed from the Eligibility List if the City deems that the
eligible willfully or krtowmgly gave wrong infomratiory withheld information, or evaded in
responses relating to his/her employment background, trairfa* eAxation, or character.
(i) Any examinee who divulges to any other person infom otion relating to questions and/or
materials contained in a test will be subject to disqualification from the Eligibility List and to
dtscrphne.
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Section 8 Appointments
Selection from the Eligibility List shall be at the sole discretion of the Police Chief. Selection
criteria shall be developed and may include such factors as ranidng on the eligibility list, demonstrated
job perfommice, aptitude, capacity, knowledge, charter, or other qualifications. Such selection
criteria will be announced at the time candidates are advised that a selection process will be conducted.
An eligible who has been interviewed for an opening need not be interviewed agvn for a period
of two )emus unless the eligible requests such The department shall counsel wrath any eligible who is
not selected for promotion upon the request of the employe.
The City and Union agree that this Section maybe reopened during the period from October 1,
2010 to September 30, 2012 for the purpose of rqptiati% mandatory subjects of baWiriing related to
the promotional selection process only. If this Section is reopened and the parties are unable to reach
agreement, the existing language and related process shall be mauntained as the status quo, and shall
not be subject to the impasse procedure.
Section 9. Productivity
The Union recognizes that productivity is of i ilrrl concern to the City and is critical to the
provision of services to the citizm y in an efficient and effective maiuwr. The Union ack owledges,
except as expressly hrruted by the provisions of this Agreerent, that the City may introduce new
methods, processes and equipment, implement new technology, and establish work measim nt
starvdards to determir a performance levels, that it may develop flexible job assignments amd shifts, that
it may establish innovative programs to improve the provision of public services or to reduce the cost
of providing such services; and that it may We sueh other actions as it deems appropriate to improve
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Section 10. Training
Notification of schools, training; and career development courses which the Dot
der rmes appropriate will be made available to all bang m ng unit meri bees in sufficient time for
officers to make application for atterxianm Officers who desire to attend will complete the
depmlrr #al training request form and submit it to their surpmisor. The department will select
officers for attendance using these criteria
(a) Ability of the officer as shown in performaamce evaluation
(b) The officer's duties and assonnents (past, prEseirt and future).
(c) Seniority in the depatnnt
(d) The officer's demonstrated irate rest
(e) Available personnel and staffing needs of the Depaitrrmt
(f) The amount of prior training received
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All time spent in training which has been duly authorized by the Deparlinent shall be
coned as hours worked unless (1) attendance at the trairung is voluntary and (2) the training
occurs outside the employee's regular work hours and (3) the employ),- performs no productive work
and (4) the training is not directly Mated to the actual perfomwice of the employee's present
assigvxuit. Employees assigned to training mint receive approval from their hTtmediate supervisor
prior to performing any additional work outside of the actual time spent in training while on the
training assigruTwit. All such work hours when duly authorized shall be paid in accordance with the
provisions of the Fair Labor Standards Act.
Section 11. Personnel Records
It shall be the right of any member of the bargaining unit at reasonable times to inspect his/her
personnel file, and at his/her expense to make copies of such personnel He or portions thereof. When
a personnel record of a member of the baWi nirng unit is furnished to the public pursuant to a request
therefor, such information shall be released in accordance with Florida Statutes governing public
records. The employee shall be notified as soon as passible whenever his/her Internal Affairs, Police
Department, or Human Resources Deparhyffit file is accused by someone other than the employee.
If the employee is absent from duty, his/her immediate supervisor shall be notified and shall atter W
to contact the employee, and if Sul shall inform the employee upon his/her return to vwrk
Section 12. Residency Requirements
Except as provided by Departzrent General Orders, any existing employees who move to a
different residence and all new bires as a condition of employe-ent shall establish and maintain their
bona fide, permanent residence within the following geographical boundaries- Pasco County, Pinellas
County and Hillsborough County from the western boundary eastward to Interstate 75. When
response times are an operational factor in special duly tents, the Police Chief may consider
residency location in selecting personnel to such special duty m4iiremfs. Employees may request
special pmTussion from the Chief of Police to reside outside the specified area. Violation of this
provision shall be just cause for discipline.
Section 13. Tobacco Product Usage
Swum employees in the bargaining unit hired on or after December 15, 1986, are prohibited
from smoking or chewing any form of tobacco product, both on and off the job during their
employment with the City. Police Service Technicians hired on or after October 1, 1991, are
prohibited from smoking or chewing any form of tobacco product, both on and off the job during
their employment with the City. In addition to the above, effective October 1, 2009 all bargaining unit
members will comply with the City's Tobacco Product UsaW Policy. Violation of this provision shall
be grounds for discipline.
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Section 14. Seat Belts and Safety Gear
All employees are required to wear seat belts when driving or riding as a passenger in City
vehicles or in a personal vehicle on City business, except in cases of operational necessity or when a
City car does not have available seat belts. Employees are further responsible for attempting to secure
compliance with the required use of seat belts by all other occupants m any vehicle they are driving
(City or personal) when on City business.
Whenever an employee is funu4 ed with City safety gag, he/she shall wear it whenever he/she
is on duty. An employee who has requested personal body armor (bullet resistant vest) either as
original issue for new hires or as a replaoernent due to wear shall not be placed on patrol duties or
hazardous assia?nnts until such equyment has been issued
Section 15. Off-Duty Concealed Weapons
An off-duty officer shall have the right to carry on or about his/her person a concealed
weapon, provided that such officer has met departmental qualification standard for the fireamn that
such firearm has been duly approved by the Deparhnment, and that such firearm is periodically
inspected by the Depaninvnt or other qualified armorer if such firearm is not issued by the
Depmtrrent. This weapon may only be used to perform law enforcement functions.
Any officer wishing to carry an off-dirty firearm for which time DepaBunt armorer is
unqualified to perform maintenance will be authorized to carry the firearm provided that the firearm is
otherwise approved and that the officer provides at his/her own expense an annual certification to the
Departrnmt that the firearm has been inspected and approved by a qualified armorer.
Only hand guns of the dabber listed below, shall be approved for of f-dixty use:
.380; % m,? .38; 357 rragnutmi; 10m n- .40; .41;.44; and .45.
Officers who are temporarily assigned to Deparrtrent approved ur dencover assignments other
than. full-time Detective wAgr netts may carry their Deparhirient issued firearm or a personally owned
„off-dW' firearm provided that the Officer has met the Department's qualification, inspection, and
any other req mts for off-duty weapons as defined herein and in accordance with Departrvent
policy.
Officers shall carry only arnnmition approved by the Department armorer in both their on-
duty and off-dirty firers. The Department will proves min nnition for on-duty use, qualifying, and
open range day only for Departrne issued firearms or for Departrri mt authorized off-duty firearrs
of the same caliber as the Deparhr ent issued firearrns only. It will be the officers' own responsibility
to provide ammmnnition for any other approved caliber, including training a rir nndtion.
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Section 16. Physical Examinations, Inoculations, and Fitness
A The City and Union agree that the physical fitness of police officers is of importance to insure the
public of quality police service. Police Officers are required to uundego an annual physical
oomination as deteriruned by the Police Chief. Physical examunatiions shall be in accordance with
current medical guidelines that are gender and age specific.
The physical examr : ion will be performed by the employee's Primary Care Physician
The cost of the employee's co-paymmt for the physical a mmiatiion will be paid by the City. The
employee shall schedule the physic& exarrurnation with his/her own Primary Care Physician. The
employee shall provide the Depar irmt a "Fitness for Duty Report' from the Primary Care
Physician which shall include, but not be limited to, the specifics of any heart rebated condition
including preventive care recommendations.
B. In the event that the Department determines that an officer requires art inoculation or
immumi? as the result of exposure to a disease or illness in the line of duty, then the same
irnnxtuzation or inoculation will be made available to the meters of the officers household
C Proof of the exam must be submitted prior to the employee's annual performance evaluation date.
D. E mployees may sdnedhile said physicals Wale on duty. It is the employees responsibility to ensure
that the physical is completed, and no employee shall be paid for time spent taking a physical unless
that time falls within his/her aogned shift . However, evening and night shift employees shall be
pairitted with the approval of their supervisor to flex time within the same work week for time
spent taking the physical The maxinumn amount of flex time permitted for employee physicals
shall be two hours per office visit up to a maximum of two visits unless otherwise authorized in
advance by the Depwtrnent.
E. The City shall provide free access for all bargaining unit members to any City recreational
facility. Additional fees for programs conducted at such facilities shall be borne by the
employee. It is understood by all parties that the decision whether to use such facilities is
completely voluntary on the part of the bargaining unit me kers, and trine spent using such.
facilities shall neither be paid nor will any accidents or irguries incurred while u 'lmng such
facilities be compensable under workers compensation.
Section 17. Outside Employment
Outside employment of bat fining unit nos shall be subject to provisions of the Citys
Civil Service Rules & Regulations and the Departmental Rules and Regulations gavening outside
employrrmt, provided farther however, that police-related "extrzi<W' employment shall be limited
to a mwarnumn of 20 hours per week. During periods of unusual seasonal cad, exceptions to the
20-hour nwarrum will be considered by the Police Chief or his/her designee, who shall approve or
deny such requrests in his/her sole and unlimited discretion
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The City and Union agree that this Section shall upon the request of either party be
reopened for the purpose of negotiating mandatory subjects of bargaining related to "extra-duty'
employment and any specific impact such program may have on any existing provisions or items
affected by such program Hovmver, items affec ft wages, hours, or terms and conditions of
employrrmt shall be implemented only upon the martial agreement of the parties.
Section 18 Legal Protection
The City agrees to defend arty r vmber of the barpning unit who is sued for damages as a
result of actions taken m the scope of his/her employment with the City to the extent provided in
Chapters 111 and 768 FS. The employee agrees to cooperate with the City in providing this dense.
Section 19. Copies of Municipal Code
The City agrees to provide copies of those portions of the City Code of Ordinances relating to
penal offenses to members of the unit upon request
Section 20. Paycheck Issuance
Paychecks shall be available on the same day that the paycheck is dated to be issued to
employees both coming on and going off shift at their assigned work location at the start or end of the
respective workday as applicable.
E mployees shall be mqu red to elect to receive the entirety of their pay in either standard hard
copy paydheck format or through direct deposit by electronic transfer, and will not be permitted to
split their pay between the two m xhu rm E mpboyees may elect to change from one payment medium
to the other at any time provided 14 days written notice is given to the City's payroll division
Section 21. Master Officer Designation
The City and Union agree that this Article may be reopened during the period from October 1,
2010 to Sepbm ber 30, 2012 for the purpose of negotiating mandatory subjects of ba rpru ng related to
the development and implerrmtation of a Master Officer desigru bion only. If this Article is reopened
and the parties are unable to reach agreemettt, the existing language shall be maintained as the status
quo, and shall not be subject to the impasse procedure.
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ARTICLE 8
LEAVES OF ABSENCE
Section 1. Holidays
A There shall be nine (9) paid holidays. They shall bes
NewYears Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
TfianksgkvingDay
Christrrias Day
January 1
Federal Holiday
Federal Holiday
Federal Holiday
July4
Federal Holiday
November 11
4th Thursday in November
Deceffber 25
The City shall permit the use of bargaining unit seniority within existing bid practices to
deteriT ine whether an employee wil work on holidays and reser?ves the right to determine the
appropriate level of staffing and the schedule employees will observe on the holidays. This applies
to all barpining unit employees.
If an employee is scheduled to work on a holiday, the employee's scheduled shift must have the
majority of hours on the actual scheduled holiday to receive holiday pay Additional time worlaed
irnrr ediatdy preceding or following the holiday shift does not one holiday pay.
B. In the event that one of the above named holidays occurs during the course of an employee's
vacation, then the employee shall not be charged for the vacation leave.
G In the event that one of the above named holidays occurs while an employee is on paid sick leave,
the employee shall receive holiday pay at his/her straight time rate and shall not be charged sick
leave pay for that day. In the event the employee is on sick leave without pay, or any other f orm of
time off without pay, the employee shall not be paid for the holiday.
D. Employees who work eight (8) hours or more on Qlristzxas Day, New Year's Day, Independence
Day, and Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay.
E. An employee may be requrired to ,Aurk all or part of any holiday even though it may be his/her
regularly scheduled day off. When a holiday falls on an officer's regular day off, 8-hour and 10-
hour officers are paid e#d (8) hours holiday pay Both "of employees have worked 40 hours
and are paid 48 hours - a full week plus one (1) holiday.
F. Floating Holida s: In addition to the designated holidays above, employees shall be entitled to up
to four (4) floating holidays as herein provided Neither the holidays listed in paragraph (A) above
nor any day for which art employee is not scheduled to work may be selected as a floating holiday.
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Floating holidays shall be subject to the following requirements and conditions:
(a) No employee may utilize floating holidays until thirty (30) calendar days after his/her
e nployanent.
(b) During the fast year of hire, floating holidays shall be prorated on a quarterly basis in
accordance with the following
Date of Hire Floating Holidays Awarded
January to the end of March 4
April to the end of June
3
July to the end of Sepbember 2
October to the end of December 1
(c) Floating holidays must be taken in full-day hxxernents and may not be carried over from
one payroll cakmdar year to another, and if not taken are forfeited except as provided in
pwagraph (d) below.
(d) An employee may elect to We one or rrore floating holidays for which he/she is eligible
(and has not taken or filed) as a cash stipend. The employee will be paid eight (8)
hours for each floating holiday for which the employee niakes this election
(e) Floating holidays are scheduled at the mutual convenience of the employee and the
Departrnmt.
G. Payprocedures regarding specific situations as related to hoh lays follow
NOTE: Officers cannot take leave time (comp time, vacation sick leave, etc.) in lieu of a holiday. An
officer normally scheduled to work the holiday, must take the day as a holiday. If an officer calls in
sick when scheduled to work, the officer shall receive holiday pay (8 hours for the 5 /8 employee and
10 hours for the 4/10 employee) and sbail not be charged sick leave.
(a) Procedure when holiday falls on officer's scheduled work day but officer takes the day off:
Pay ei& (8) hours holiday pay for the 5 /8 shift and ten (10) hours holiday pay for the 4/10
shift. Both types of employees are paid for 40 hours -- a standard vwrk week minus one
vwrk day plus one day holiday.
(b) Procedure when holiday falls on officer's scheduled work day and officer works the day.
Employees on both 5/8 and 4/10 shifts receive eight (8) hours of holidaypay. Employee is
paid reWk hours for hours worked
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(c) Procedure when holiday falls on officer's scheduled work day and officer works "overtime"
(time beyond the normal daily schedule of officer): Employees on both 5 /8 and 4/10 shifts
receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked
Whether the overtime hours are straight overture or premium overtime is determined by
the total "sweat' hours paid for the work week There is no extra holiday pay for hours
worked over the basic shift.
(d) Procedure when holiday falls on officer's scheduled work day and officer takes part of the
day off: Employees on both 5/8 and 4/10 shifts receive eight (8) hours of holiday pay.
Employee is paid regular hours for hours worked A Police Officer who is required to take
the day off as a holiday wh n he/she would otherwise have been wurking the day as part of
his/her regular workv%e& shall receive holiday pay for the day in accordance with his/her
schedule and such horns shall court as hours worked tom the calculation of overtime.
(e) Proced m when holiday falls on officer's regular day off, but officer works overtime:
Employees on both 5/8 and 4/10 shifts receive eight (8) hours holiday pay. The overture
hours are turned in as overtime. Whether the overtime is straight overture or premium.
overtime is based on the total hoes worked in the work week.
(f) Procedure when premiums holiday falls on officer's scheduled work day and employee
worlds his/her scheduled day. E nTloyee receives 2-1/2 times regular pay for all hours
worked
(g) Procedure when premium holiday falls on officers scheduled work day and officer works
"overtime" (time beyond the normal daily schedule of the officer): Employees receives 2-
1 /2 times regular pay for all hours worked.
(h) Procedure when premimn holiday falls on officer's scheduled work day but officer takes
part of the day off: If the employee works eight (8) hoes or more, all hoes worked are
paid at 2-1/2 times regular pay. If the employee works less than eight (8) hours, he/she is
paid eight (8) hours holiday pay at the regular rate of pay plus all hoes worked at the
regular rate of pay.
(i) Procedure when premium holiday falls on officer's regular day off but officer works
overtime for a special detail: If the employee works less than eight (8) hours, he/she is paid
eight (8) hours holiday pay at the regular rate of pay and all hours worked at the rate of pay
as determined by overtime calculations. Of the employee works eight (8) hours or more, all
hours worked are paid at 2-1 /2 times regular pay.)
NOTE: In case of a premium holiday, the 2-1/2 times regular pay rate does not apply unless the
employee works eight (8) hours or more on the holiday.
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Section 2. Vacations
A. Accrual of Vacation Leave
1. Vacation leave shall be accrued on a bi weeklybasis and will be pro-rated according to hours
in a paid status for all full tore employees in accordance with the nunixr of completed years
of credited service as follows:
Completed Years of Service Biweekly Accrual Vacation Hours
0 3.077 0
1-2 3.077 80
3 3.385 88
4 3.692 96
5 4.000 104
6 4.308 112
7 4.615 120
8-10 4.923 128
11 5.231 136
12 5.538 144
13-14 5.846 152
15-19 6.154 160
20 & Over 6.462 168
2. The vacation year shall be the calendar year.
B. Use of Vacation Leave
1. The use of vacation leave shall be authorized in accordance with Police Department
Regulations.
2. If service requirenrnts permit and with the approval of the Department, an employee may use
his/her accrued vacation in increments of bents of an hour.
3. All bargaining unit employees are entitled to use at least two (2) weeps of accred vacation
leave per year.
4. The borrowing of vacation time prior to its accrual is prohibited
5. There is no advancing of vacation pay.
6. An employee mmst be employed for six (6) months prior to requesting the use of vacation
leave.
7. Compensatorytime off maybe taken in corgunction with a regular vacation if authorized
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8. Dming the period from the date of approval of this Agreentient by the City Council through
September 30, 2010 only, the first three full days of vacation granted to each employee of
the bargaining unit for the entire period will be paid by the City and will not be deducted
from the employee's individual vacation leave accrual balance. Employees will continue to
accrue additional leave time for such hours in accordance with the established leave accrual
schedules and consistent with the provisions of this Agreerrolt as they relate to accrual of
leave time for horns in a paid status. Hovwver, all such hours taken that are paid by the City
and not deducted from the employee's individual vacation leave accrual balance will not be
counted as hours worked for the purpose of calculating overtime.
C. Maxim nn Accrual of Vacation Leave
The mwGmu rn amount of vacation leave that maybe accumulated is 240 hours.
D. Payment and Accrual During Nfilitary Leave
1. An employee granted an extended military leave of absence for active duty in accordance
with the City's E mergency Military Leave Supplementary Compensation Policy shall be paid
all accrued leave upon the employee's request when the employee begins the extended
militaryleave.
2. An employee returning from an extended military leave of absence shall accrue vacation
leave for the period of military service not to exceed 240 hours.
E. Conversion to Sick Leave or Funeral Leave During Vacation Leave
1. The employee may request that vacation leave be changed to sick leave if the employee or
rnember of the employee's immediate familybecomes ill for more than three (3) consecutive
days, while the employee is on vacation leave.
2. The employee may request that vacation leave be changed to funeral leave provided the
request is consistent with Funeral Leave provisions of this Agreement.
F. Payment of Unused Vacation Leave
Payment of unused vacation leave will be paid upon voluntary separation of the employee up to
a maxinwrn of 240 hours, provided the employee was not distrusssed for cause and has more
than one year of continuous service. Payment will be made at the base rate exclusive of any
pmnium pay or shift assignment pay:
G. The City and Union agree that paragraphs C., D.(2.), and F. of this Section maybe reopened for
the purpose of negotiating changes to the mwd u n vacation leave accrual only. If this Section
is reopened and the parties are unable to reach agreerrmt, the a asting language shall be retained
in whole and part as the status quo, and this Section shall not be subject to the impasse
procedure.
Page24
Section 3. Sick Leave
For payroll pwposis, a RAV aalaa*r yanr beg m zuth ga first day °.f 9r,irApJ jbr grfir' payer
date in dr a&nlar yanr and enacts zuih the last &njof floe last pzypoiW for tare last payd ak in the adazar yur.
A. Sick Leave Accrual
Employees shall accrue sick leave each payroll period based on hours in a paid states. Employees
shall accrue 3.693 hours of sick leave on a biveekly basis. (i.e., An employee on a forty=how vwrk
veek earns twelve (12) days per calendar year.)
B. Sick Leave Accrual Caps
Employees may accumulate up to 1560 accred hours.
C Sick Leave Balance Transfers and Restoration
1. Sick leave balances are restored to an employee recalled from layoff or returned from a leave of
absence.
2. Sick leave balances rosin the same upon trwrsfer to another department or classification
3. Sick leave balances are converted to equivalent days if an employee changes to a different
hourly work meek (i.e., Forty-hour work veek to thirty seven and orue-half bour work week
and vice versa)
4. No sick leave balances are restored after a break in service.
D. Calculation for Use of Sick Leave
Sick leave maybe authorized in iris of tenths of an hour.
E. Authorized Use of Sick Leave
Sick leave is not a privilege to be used at the employee's won. It shall be authorized only for
absences:
1. Due to personal illness or physical incapacity.
2. Due to exposure to contagious disease in which the health of otters would be erred by
the employee's atberidance on duty.
3. Due to dental appoiintr ends, physical eamminatiors, or other personal or family sickness
prevention nxwures.
4. Due to illness of a member of the employee's immediate family, vA*h requires the employee's
personal care and attention "Irrnxdiabe family' shall mean parents, stepparents, grandparents,
childrer> stepchildren, grandchildren, brothers, sisters or present spouse of the employee and
the "mynediate farruly' of the employee's spouse, or other permanent member of the
"inmediate household" living to@Aw as family.
Page25
F. Authorization of Sick Leave
An employee requesting authorization of sick live shall inform an on-duty supervisor or the
desk officer at least on -balf hour prior to the regularly scheduled reporting time, the specific
reason, and where (phone number and address) the employee will be while on sick leave This
address and phone number will be updated whenever the address or phone numixx charges
during the period of sick live.
2. Failure to do so maybe the cause for denial of sick leave and other disciplinary action
G. Payment for Unused Sick Leave
Upon separation from the City service, an employee shall be paid for one-half (1 /2) of his/her
accumulated unused sick leap up to 1560 hours, provided
That the rate of paynent shall be based on the regular hourly rate (excluding shift differential or
any other addition to base pay) of the employee on the last day worked prior to separation
The hourly rate will be adjusted in accordance with base biweekly pay if the employee is on a
work schedule other than forty (40) hours per week The employee may request that ore-half
(1/2) the payment for unused sack leave be made at separation and one-half (1 /2) the payment
be made in the first payroll period in the next calendar year.
2. The employee if swum has had at least twenty (20) years of continuous service with the City, or
if not swam retires on City Pension is involuntarily separated (including disability or layoff), or
retires under Federal Social Security with a mirtimuurn of five years. service. Leaves of absence
without pay, smpersions, and layoffs followed by subsequent re-employmer t shall not be
considered as breaks in service. The length of such time off or layoff shall be deducted from
the fatal length of service Military loaves and leaves during which the employees are receiving
Workers' Compensation shall not be deducted from continuous sevice.
I That the separation is involuntary on the part of the employee, including disability (incurred on
or off the job) and layoffs.
4. The employee's estate shall receive Mme nt if an employee dies.
5. An employee who has been disrnissed for cause shall have no claim for sick leave payment.
R Injury From Other Employment
An employee may not utilise accumulated sick leave for absences resulting from an irgury
arising out of and m the course of a pioymert 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 utilise accumul;-Aed sick leave for absences resulting from an irgury arising out
of and in the course of employment other than City employment may be suspended or tem ff ated.
Page26
I. Use of Leave After Accrual
Employees may be authorized to use sick leave after it is accrued. The employee may be
requ wed to submit acceptable evidence such as a medical certificate from a medical doctor to
substantiate the reason for requesting sick leave.
J. Bonus Leave Days
Following a payroll cge radar year that a baagauning omit employee uses no sick leave, or less than
two days of sick leave, the employee will be awarded Bonus Leave Days in accordance with the
following chart. Bonus Leave Days must be used before the end of the payroll calendar year for which
they are awarded.
Assigned Shift Amount of Sick Leave Used Bonus Leave Days Awarded
Eight or Ter-Hour Shifts Zero Time 2
Eight or Ten Hour Shifts zero time but less
More than 1
2
thart days
More than zero time but less
Combination of Eight and than 2 ?? combined as: 1
Ten Hour Shifts
• 2 Eight-hour days
• 2 Ten-hour days
* 1 Teri-hour day and
1 Eight-hoir day
1. Bonus Leave Days must be used in full day rcmnxnts.
2. Bonus Leave Days are not included in ova t rr a calculations.
3. At the end of each payroll calendar year, employees may elect to be paid the cash equivalent
based upon the employee's cwent base rate of pay for any Bonus Leave Days not used dicing
the payroll calendar year.
4. Upon an employee's separation from the City, the employee will receive a lump sum payment
for his/her remanvng Bonus Leave Day baLmce.
Page27
Section 4. Leave Pool
A joint leave pool will be established by mmtas of the Fraternal Order of Police Lodge No.
10 and Fraternal Order of Police Supervisors' brining units, such leave pool to be available for use
by members of both bargaining units, subject to the following provisions:
A The pm pose of the leave pool is to provide leave to bar ring unit members who face significant
time off without pay due to a serious illness or gtffy, whether job-connected or non-
Job-connected, or serious illness or ire t ry to a family merri)er covered under the sick leave policy. The
leave pool may not be used for short time periods where an employee maybe without pay. Short
time shall be defined as less than thirty (30) calendar days.
B. A committee shall be formed and the committee shall determine use of the leave pool days, subject
to the above pugx)se and limitations.
1. The committee shall consist of tvm (2) members de ignated by each barpining unit, and one
readier designated by the other four rnesrribem
2. The committee shall review employee needs and dxmnstances? corwberrt with the provisions
of the leave pool and shall one 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 comet with the provisions of this
section
3. The comrnitbee's decisions are final and are not grievable. An employee may ask for
reconsideration by the committee in accordance with rules established by the committee.
G Bargmng unit members may domte days at 100% value from their vacation, sick leave or floating
holiday balancers to the leave pool one tune per year.
1. No employee shall be perrnitted to donate more than four (4) days of leave per year to the pool
In the event that the number of days m the leave pool becomes less than fifty leave days, the
committee may open up the opportunity for additional donations to be made during the
calendar year. The 4-day donation limit shall not be nxxhfied.
2. All donations of pool leave time mast be m full-day i laerrmts based on the emPloYee s full-
time, regularly scheduled day (ie., an eighk hour or tort-hour day is a full da)).
3. Donations of pool lie time are irrevocable.
4. No dollar value shall be placed on leave donations. All donations and all authorized usage shall
be computed as day for day.
Page28
D. In order to be eligible to receive leave time from the joint leave pool, employees must have donated
a minimin of one (1) day to the joint leave pool within the past twelve months prior to making
application for leave from the pool. Newly hired employees shall be exenyted from the
mgi.i a rent to donate a m?r imurn of one day to the leave pool prior to requesting time from the
leave pool for a period of one (1) year from the date of their employment with the City.
E. When pool leave time is authorized by the committee for use by an employee, it shall be on a day-
for-day basis, irrespective of whether the employee works an eight hour or terrhour shift. An
employee usir?g 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.). Pool leave time granted shall be limited to 60 days in any 12 month period for each pool
leave time recipient, except that requests from the Union for time in excess of the 60 days to be
granted from the leave pool to a recipient may be approved at the sole discretion of the City
Manager'/designee.
F. Pool leave time not used m 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 5. Funeral. Leave
E act employee shall be allowed up to forty (40) hours funeral leave with no loss of pay and no
charge against sick leave time in the event of death in the "mate family." Death in the
"unmediate" family shall be d eEuied as a death of a spouse, child, stepchild, mother, stepmother, father,
stepfather, grandfather, grandmother, grandchild, brother or sister of the employee or the employee's
spouse. Additional funeral leave for a death in the irnmediate family maybe granted with the approval
of the Polio Chief.
Each employee shall be allowed up to tvm (2) consecutive vmrk days at any one time for a
death of a merrier of the "close" family chargeable to sick leave. "Close" family shall be defined as the
following family members: stepbrothers; stepsisters; brother's wife; sister's husband or other member
of the employee's immediate household Additional time, chargeable to sick leave, may be granted
with the approval of the Police Chief.
An er nployee must attend the fr uneral in order to receive pay for a death in the family.
Section 6. Military Leave
Any regular or probationary employee in the classified service being inducted or otherwise
entering the armed forces of the United States in turn of war, or pursinnrt to the Selective Service Act
of 1948 as amended, or of any other law of the United States, shall be granted military leave of absence
without pay for the period of the military service regdwed of him/her, and on completion thereof be
reinstated in the City service in accordance with the following regulations:
Page29
A. U itary leaves shall be granted in accordance with the provisions herein except where said
provisions maybe seeded by Federal Law
1. For inductees, the miniurur, period of time rewired to be served
2. For enlistees in time of war, the period of the first minitTun enlistment, or for such additional
period of time required to be served.
3. For reservists, the minimum period of time regm ed to be served.
S. For the purposes of this Section, "anxied forces" shall be defir ied to include:
1. The An ny, Navy, Marine Corps, Air Force and Coast Guard
2. The awdliary services directly necessary to and actually associated with the armed forces of the
United States, as maybe determined by the City.
C Application for reinstatement mast be made within 90 calendar days from date of discharge or
release, or from hospitalization continuing after discharge for a period of not more than one year.
Such application shall be in writing to the Human Resources Director and shall be accompanied by
evidence of honorable discharge or release.
D. Upon return from military leave, the empooyee shall be reinstated in the City service m accordance
with the following regulations:
1. If still qualified to perform dirties of his/her fomrer position, the employee shall be restored to
position or to a position of liras seniority, status and pay, or
2. If not qualified to perform the dirties of his/her former position by reason of disability
sustained during such service but qualified to perform. the duties of any other position in the
employ of the City, the employee shall be restored to such other position, the duties of which
the employee is qualified to perform as will provide the employee with life seniority, status and
pay, or the nearest approximation thereof consisterit with the circumstances in his/her case.
3. In the event no vacarx y exists in the appropriate class and there is an employee in such class
serving a probationary period who has not acquired regular status, then such. probationary
employee shall be laid off and the rehnnwtg employee minstated.
4. If a rering employee has regular status and cannot be reinstated under the provisions of
paragraph (3) above, then the employee having been emrogxd in the appropriate class for the
shortest period of tine shall be laid off and the Ming employee mirsiated
5. A returning employee shall have the same states as prior to the beginning of his/her military
leave The employee shall be allowed to take any subsegt ? y administered examination for
promotion after return that he/she would have been eligible to take had he/she not been on
military leave, and shall be regked to con*te any uncon*ted period of probation No
grievance shall be filed or processed by any other employee or the Union m connection with
this penagrapYn.
Page30
6. The employee shall submit to such nod rA and/or physical examinations as the City Manager
shall deem necessary to deterrn ne whether or not such military service has in any way
incapacitated him/her for the vwrk in question; provided hovrever, that as far as practicable any
employee returning with disabilities shall be placed in such employment as the City Manager
shall deem suitable under the saes.
7. Any regular or probationary employee receiving a dishonorable discharge from the armed
forces shall not be rd restated to any position in the City service
E. An employee granted a military leave of absence shall, insofar as possble, have all the rights and
privileges he/she vwuld have had if he/she had reminned on duly inclu&V curnubtive seniority,
and except as otherwise provided in these Rules and Regulations, all other benefits dependent on
length of employment to the same extent as if the employee had not been absent on such leave.
F. An employee returning from military service shall be reinstated to active City service at the earliest
possible date following application for such reimtateme tt, consistent with the best interests of the
City service and taking into conmderation necessary ad ustrrmts of staff. However, in no event
shall this period be more than thirty (30) calendar days. The City shall have the right as part of
dir ting the employee's duties upon retuning to work, to assign the employee to such training as
is necessary in its judgment to erisure the employee's fan iliarity with job duties acid lawwlec]W.
G. For pre-induction physical examination when so ordered by a Selective Service Board, time off
shall be granted for the minimum period necessary to comply with such order, but shall in no case
exceed two (2) regularly scheduled vwrk days.
H For required active or inactive training duty as a meni)er of a Reserve Component or the National
Guard f aUmg on the employee s regula dy scheduled vwrk days, the employee shall be allowed up to
a nlwdnux of seventeen (17) work days per calendar year without loss of seniority rights or
efficiency rating Abserres from dhaty for required military reserve training in excess of seventeen
(17) days work per calendar year or for any non-required military reserve training for which the
employee initially volunteered shall not be compensated for by the City. A copy of the employee s
nrilitary orders certifying his/her training assignnient shall be submitted by the employee to the
Police Chief mwedk- y upon receipt by the employee.
An employee Who is required to attend military duty training which falls or occurs drying regular
working hours and which exceeds the seventeen (17) work days provided above will be granted
time off without pay. The employee shall be req wed to provide timely notice of such training
assignments to the City. Failure to provide turely notice of an employees nulitay orders to the
Police Chief shall be considered just cause for disciplinary action not to exceed a three (3) day
suspension.
Page31
Section 7. Time Off
A. An employee shall be granted necessary time off from his/her duties with pay for any of the
following reasons:
1. For participation in Police promotional owninat ions held by the City or other examinations
r gored by the City when such brae off does not, in the judgment of the Police Chief, interfere
with or impair the operations of the Departrnent
2. For serving on a jury. The employee maybe required to furnish proof of such service and shall
work any part of his/her regular schechule when not mqurired to serve on said jury.
3. When directed by the City NIanW or Police Chief to attend professional or other
conventions, h-istitutes, courses, or meetings. Employees who wish to voluntarily attend career
development training may be granted time off from duty with pay to attend such trainin&
however conTensation for such training shall be limited to the actual time spent in training up
to the nwber of hours in the employee's standard workweek Employees shall be
compensated in accordance with provisions of the Fair Labor Standard Act for time spent in
training beyond the nurnber of hours in the employee's standard workweek whert such time has
been duly authorized in advance by the Departrrmt.
4. When directed by the City ManW or Police Chief to attend in-service training or other in-
service meetings, including authorized safety meetings.
S. An employee maybe granted tame off without compensation for atte Oxice at rneetang-, other than
those specified above or to attend to uugunt personal business, provided that such employee shall
request approval from the Police Chief in sufficient time to permit the Police Chief to make
arrangernents therefor, and further provided that such time off will not affect the efficient
operation of the department in the sole and unlimited discretion of the Police Chief or his/her
designee-
C Wth the prior approval of the Police Grief or his/her designee, and when the employee is acting m
an official capacity on behalf of the City, an employee may be granted time off from his/her duties
for acting as art active or honorary paper at a funeral or for attendance at state funerals,
funerals of City officials, of employees or their waves or husbands, or rrahtary or fraternal funerals.
Such time off may be granted with or vAdxnt conmpeisation at the sole and unlimited discretion of
the Police Chief and the City Manager or their designees. For the above occasions only, the
Deparhrent shall provide all opmses for up to two designated Honor Guard n-embes, as well as
transportation and fuel costs for any other Honor Guard members peen- fitted to be released from
duty in accordance with Departrnert staffing requ mnnents.
Page32
Section 8. Leave Without Pay
A. A regular employee may on written application therefor, be granted a leave of absence without pay
upon the prior approval of the City Manager or his/her designee for any of the following reasons:
1. The physical or mental disability of the employee.
2. The employee has announced his/her carclidacyfor public office
3. The employee is entering upon a course of training or study for the purpose of improving the
quality of service to the City and/or of fitting himself /pelf for promotion m the classified
service
4. Extraordinary reasons, suffiaent in the opinion of the City Manager to warrant such leave of
absence.
5. Maternity/child care leave in accordance with the Citys Family and 1 ikkal Live Act Policy
to enable a parent to care for a newborn, newly adopted or seriously ill child, provided however
that if both parents are employees of the City, only one parent at a time may take
maternity/child care leave. An employee may request to utilise vacation, holiday, and comp
time to continue pay status m accordance with current federal or state guidelines on family
medical leave.
B. Live for any of the above reasons shall be subject to the following regulations:
1. Such leave shall not be granted for more than six (6) rnonths but may tinder the provisions of
paragraphs above be renewed upon written application therefor by the employee and approved
by the City Manager.
2. An employee granted a leave of absence hemunder shall except as hereinafter provided be
restored to his/her former position on the expiration of the leave, or if requested in writing by
the employee and approved by the City Manager, before the expiration thereof.
3. In the event that it is determined by the City Manager that it would not be in the best interest of
the City to restore such employee to his/her former position or in the event that the former
position has been abolished in the meantime, the employee shall be plared at the head of the
re-employment list for the class or position rat approximating that in which he/she was
employed inurediately pnor to such leave, provided he/she is physically and. mentally qualified
for such position Should the narnes of two or more employees returning from leave be placed
on the same re-em?oynxTrt list, the names shall be arranged in order of City seniority.
Time off with compermtion tam under any of the provisions of this Agvee<ro t (including
vacation and sick leave) shall not be required to be made up.
Page33
ARTICLE 9
WAGES AND COMPENSATION
Section 1. Wages
A. The Pay Schedules shall be in accordance with Appendix A.
Pay schedule irrcreases are not automatic but are ma rwgernent review rates and may be granted only
upon receiving a rating of satisfactory or better on the annuat perfoe review: Eligibility for
review for within pay schedule ire shall be as follows:
Police Officers
Step 1- Origin& appointment
Step 2 - At the end of one year of satisfactory service in step 1.
Step 3 - At the end of one year of satisfactory service m step 2.
Step 4 - At the end of one year of satisfactory service m step 3.
Step 5 -- At the end of one year of satisfactory service m step 4.
Step 6 - At the end of one year of satisfactory service in step 5.
Step 7 - At the end of one year of satisfactory service m step 6.
Step 8 - At the end of one year of satisfactory service m step 7.
Step 9 - At the end of one year of satisfactory service m step 8.
Step 10 - At the end of one year of satisfactory service in step 9.
Step 11- At the end of one year of satisfactory service in step 10.
Step 12 - At the end of one year of satisfactory service in step 11.
Police Service Technicians and Police Service Technician Supervisors
Step 1- Original appointment
Step 2 - At the end of one year of satisfactory service m step 1.
Step 3 - At the end of one year of satisfactory service m step 2.
Step 4 - At the end of one year of satisfactory service in step 3.
Step 5 - At the end of one year of satisfactory service m step 4.
Step 6 - At the end of one year of satisfactory service m step 5.
Step 7 - At the end of two years of satisfactory service in step 6.
Step 8 - At the end of two years of satisfactory service in step 7.
Step 9 - At the end of two years of satisfactory service in step 8.
Step 10 - At the end of two years of satisfactory service in step 9.
Step 11- At the end of two years of satisfactory service in step 10.
Step 12 - At the end of two years of satisfactory service in step 11.
Step pay increases shall provide for approximately a 5% increase over the preceding step
for each step advancement from Step 1 through Step 6 and approximately a 2 lh% increase for
each step advancement from Step 7 through Step 12.
Page34
Employees who receive an evaluation rating of less than satisfactory shall not be granted
a merit step advancement on their promotional anniversary date. Such employees may be
reevaluated after three months, and if then rated satisfactory shall be granted a merit step
advancement as of the date of the three month follow-up review Such effective date shall be
thereafter utilized for the purpose of determining eligibility for subsequent annual merit reviews.
If the three month follow-up rating is still less than satisfactory, the employee shall be
reevaluated in another three months, and if then rated satisfactory shall be granted a merit step
advancement as of the date of the second three-month follow-up review Such effective date
shall thereafter be utilized for the purpose of determining eligibility for subsequent annual merit
reviews. If the second three month follow-up review rating is still less thar? satisfactory, no
merit step advancement shall be granted and the employee shall be evaluated again on his/her
prior merit review date.
B. The parties agree this Section may be re-opened upon the written request of either party no
sooner than 90 days prior to September 30, 2010 for the purpose of negDbating rates of pay
and/or adj its to pay range minirnums and maxinrms for any bargaining unit members or
represented job classifications for the period from October 1, 2010 through. September 30,
2011. The parties agree the amount of the general wvaga increase and/or adjustments to pay
ranges shall not constitute a reduction in rates of pay or pay ranges in effect at the time of the
change, if any. The provisions of the pay schedule of steps described in Section 1, A of this
Article shall not be subject to the re-opener.
The parties f ether agree this Section maybe re-opened upon the written request of either party
no sooner than 90 days prior to September 30, 2011 for the purpose of negotiating rates of pay
and/or adjustments to pay rang minimums and maximums for anyba%mning limit members or
represented job classifications for the period from October 1, 2011 through September 30,
2012. The parties agree the amount of the general wage increase and/or adjustments to pay
ranges shall not constitute a reduction in rates of pay or pay ranges in effect at the time of the
change, if any. The provisions of the pay schedule of steps described in Section 1, A of this
Article shall not be subject to the re-opener.
G Lateral Entry for New Hire Police Officers:
Newly hired Police Officers skull be permitted to enter the established pay range at a step or more
than one step above the first step based on acceptable experience as a Police Officer at another
agri y deemed creditable by the Department. Such Officers shall be advanced upon hire one step
in the established pay range for each tow years of verifiable experience at a prior agency up to a
nk- m m? lateral entry of step three. Such Officers shall remain fixed at the lateral entry step until
such time has passed as is p escribed for advancing from step one to the lateral entry step number
in accordance with the schedule established in paragraph A of this Section, and shall thereafter
continue to be advanced through the steps in accordance with said schedule For omvle, an
Officer with six years of creditable, verifiable eTerierice at a prior agcy would be permitted to
enter the established pay range at step three. Such Officer would remain fixed at step three for
three years, and would then progress though the range thereafter in accordance with the established
schedule. All lateral entry Officers would continue to be eligible to receive negotiated general wvage
increases while fixed in step.
Page35
Section 2. Overtime Pay
A No employee shall be sent home prior to the end of his/her regularly scheduled shift for the
purpose of denying overtime pay; nor shall any employee have his/her vork schedule altered in an
arbitrary or capricious maruier.
B. If a wgularly sclehrted work day is to be canceled, the employee mast be notified by the end of
his/her tour of duty imrrvia* preceding the scheduled work day to be canceled. No regr My
scheduled work day will be canceled for the sole purpose of avoiding overtime pay.
G Employees shall be paid for all hours actually word. The City shall pay overtime at the rate of
time-arxkore`half for all hours actually worked m excess of 40 hours m any one work "reek
Hours for which an employee is paid as a result of holidays, sick time, vacation and srn dar periods
of nonproidiictive time shall not be con%dered as time worked for the purpose of computing
overtrne pay, except as otherwise provided in this Agreement.
D. The work wreck shall be from S& rday through the following Friday. All hours for shifts that begin
on one work day and end on the next work day shall be counted on the work day where the
majority of the hours for the shift fall. Wkvr shift hours are evenly split between two work days,
all hours for the shift shall be counted on the work day the shift begins.
E. An employee may be required to work overtime if, in the sole and unlimited discretion of the
Police Chief or his/her designee, the employee's services are de hied necessary.
Section 3. Compensatory Time Allowance
Employees will be provided the opportunity to request to be granted compensatory time, in
lieu of overtime payment, up to a maxinuxi . clmrabhve accrual of 120 hours of cornperisatory time.
At no time may an employee's total accnml of compensatory time exceed 120 hours. Compensatory
time accrual will be at time and one half for each hour selected in lieu of premium overtime payment.
Requests to use compensatory &m shall be made to the appropriate Police Captain or other
rnanagmal employee. Compensatory hours off shall be considered as hours worked m computing
overtime under this Article. Payment for conV ensatory hours will be made for all time exceeding the
120 hour limit, or for any hours when. requested in writing by an employee. Employees shall be paid
for all compa7isatory time at soon from City service
Section 4. Shift Differential
A ba Wumig unit member shall be entitled to shelf t differential pay as set forth in this Section
A For proposes of computing shift d iffere9ntial pay the following shaft series and parnents are
established:
Shift Series No. Hours
100 2400-0700
200 0700-1600
300 1600-2400
Period
EM fflfftPer 14-Dgy
7%
0%
5%
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The paw shall be computed as a percentaga of the employees base pay, including his/her
merit and longevity step.
B. An officer's shift differential shall be determined by the shift series into which the majority of the
weekly hours of his/her regularly assigned shift for the scheduled shift cycle falls and without
regard to the sluing or ending time of the officer's shift. Temporary shift or duty assignments of
less than twenty eight (28) calendar days shall not entitle an officer to shift differrerrdal pay.
Employees in the bargaining unit assigned for initial or rea vdial training under the FTO program
shall not be entitled to shift differential pay.
C. Shift differential pay shall be paid to any officer regularly assigned to a Series 100 or 300 shift and
shall not be prorated on account of vacation, holidays or other paid time off.
Section 5. Standby Pay
An employee assigned to standby will reeve a flat fee of:
$15.00 per night, Monday through Friday
$30.0o for Saturday
$30.0o for Sunday
Only the Police Chief or his/her desipe may place an employee on standby. This Section will
also apply to all Telephone Alert situations.
Section 6. Recall Pay
Any employee who is recalled to duty after having left for the day, or on a regularly scheduled
day off, or comperr.-bon day, or more than three (3) hours prior to the start of his/her regularly
scheduled tour of duly, shall be guaranteed a nuununn of two (2) hours pay or two (2) hours work
For the purpose of this Section, recall is defined as the unscheduled calling back or call in of an
employee to perform reeeded work after the employee's regular shift ends and the employee has already
left the job or on a %eelaeind, holiday, or other equi alerd period during which the employee would not
otherwise have worked and shall include any duty, detail, or response to a k4d order for which the
employee can be disciplined for his/her failure to comply. This specifically excludes court
maces. Police Officers will be paid for the actual time worked for any self-i mbated police action
taken while off duly and all such hours shall count as hours worked toward the calculation of overdrm
Any employee recalled wfule on vacation shall be paid at time and one-half for all hours worked in lieu
of the r cl vaeation time. An employee's vacation balance will riot be charged for any time
actuallyworked.
Section 7. Acting Pay
If a Police Officer or Police Service Techr-ddaQn serves in a higher capacity on an acting basis for
more than two (2) cormcutive complete payroll calatidar work weeks (Saturday through Friday, said
employee shall receive acting pay retroactive to the date the assigtum-it begwL What a Corporal
saves in an acting capacity as a Sepamt for more than two consecutive complete payroll calendar
work weep as specified above, Corporal Job Assigmiant Pay shall cease and Acting Pay shall begin.
Acting pay is five percent (5%) above the employees base salary.
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Section 8. Job Assignment Pay
A Police Officers who are assigned to the Office of the Chief, Criminal InvesJ;ptions Division,
Support Services Division, Corporal, or the Field Training and Evaluation Prograrn shall be
provided 5% above the employee's current base rate of pay.
B. Police Officers who are assigned as Crime Scene Photographer, Nbbile Command Center
operator, SeK Crime Investigator, or Traffic Homicide Investigator, shall be provided with the
following amounts in addition to the employee's current base rate of pay.
October 1, 2009 through September 30, 2012 - $25 per payroll period.
Police Officers who are assigned to Conummity Policing Squads, SWAT Tearry Traffic Section,
Canine Officer or School Resource Officer shall be provided with the following amounts in
addition to the employee's current base rate of pay:
October 1, 2009 through September 30, 2012 - $40 per payroll period
Police Service Technicians who are assigned oua ade of the Telephone Reporting Unit for more
than ten consecutive work days shall be provided with the following m-ou nnts in addition to the
employee's current base rate of pay.
October 1, 2009 through September 30, 2012 - $50 per payroll period
C An erTloyee may participate in more than one job Assig runent but may not receive more than one
Job Assigrinmetrt Pay differential from group (A) above nor more than one job Assignment Pay
differential from group (B) above, but may receive one job Assourient Pay differential from group
(A) above in addition to one Job Assignnmermt Pay differential from group (B) above. In such case,
the employee shall receive the amount of the greater amg m-ffrt pay differential for each category
concerned
Bapining unit menmbers desigru-ted as certified Bi-Lingual in accordance with departirot
specifications shall be provided $50.00 per payroll period in addition to the employee's dement base
rate of pay over and above the alum t pay differentials listed above
D. Job assignments shall be made at the discretion of the Police Chief from a list of interested
candidates who have been debe uuned to be qualified for such based on criteria developed by the
Department. The member and duration of such assign wds may vary and shall be at the
discretion of the Depar inert.
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Section 9. Canine Officers
A Employees covered by this Agreerrent who are assigled as canine officers shall normally work for
seven hours and fifteen minutes per work day for five (5) days per week on regular duty with or
without their canine(s). On those regular work days, they shall also be credited with forty-five
minutes work time for time in the care and Ding of their canine(s). This time shall be the
customary and average amount of time spent by a canine officer on a duty day. On the officers
days off from regular dirty, they shall be credited with 30 minutes of work time for time in the care
and handling of their canine(s). Such time shall be based on their PeR k rate of pay and shall be
paid at straight time or an overtime rate depff ng upon total hours worked during the week It is
recognized that on off-duiy days the officer's responsibilities for care and ice are recbxed
B. Advance approval shall be required from the appropriate Police Captain or higher level nwmger
before a canine officer can work any additional overtime in care and mairr?ce activities.
C. No work time is to be used by an officer to prepare or train for participation in canine
demnstrations or competitions, except as scaled by the Dot in accordance with
standard operating procedures established by the Departrna t and approved by the Police Chief.
In the sole discretion of the Police Chief, canine officers may be sdxdLied to attend
demonstrations or competitions. Time involved in demonstrations or competitions shall be limited
to the officer's regular weekly dirty hours (40 hours) unless previously approved in writing by the
Police Chief or his/her designee. Due to the scheduling of demonstrations or competitions, hours
and/or days of vwrk are subject to a4mtrrent to meet the stances at bid
D. Assignment and the rernoval of assign trmt as a canine officer is the sole prerogative of the Police
Chief or his/her designee, and assigned pay shall only be provided during the period of such
assignment as authorized by the Police Chief or his/her designee.
E. All DepwtTur t Standard Operating Procedures relating to canine use, care, maintenance, and
other aspects of the program as established by the Police Chief shall apply
F. Effective October 1, 2009 to September 30, 2012, an allowance of $125.00 per month shall be
provided to each canine officer for supplemerrial food, medical groom? pest control, and Mated
needs associated with cane of the canine.
Section 10. Court Attendance and Standby Time
Any employee who is subpoenaed or otl se required to appear in county or enut court as
the result of a mater arising out of the course of his/her employment shall receive payment for the
greater of a mmnium of three hours or wheal time worked if such attendance is during the employees
regularly scheduled time-off. This provision shall also apply when the emiployee is stbpaenaed or
otherwise required to appear at the State Attorneys Office, Public Defendff s Office, private attomeys
office, or Driver License bring in a criminal, traffic, or civil case arising from the employee s course
of employment. When an employee is subpoenaed or otherwise required to appear at the State
AttomeS s Office at the Police Department during his/her regularly scbAA&d time-off, he/she will
receive payment for the greater of a minhiurn of h -,o hours or actual time worked.
Page39
All time paid for any court atterudarice will count as time worked toward the calculation of
overtime. Travel time outside of required sealed vwrk hours in response to subpaias in Pinellas,
Pasco, or Hillsborough counties is not compensable. Travel time outside of required schedule vwrk
hours in response to subpoenas outside of Pinellas, Pasco, or Hillsborough counties will be paid in
accordance with FLSA regulations.
in all instances of count appearances scheduled less than three hours prior to an employee s
tour of duty, the employee will be deemed to have started work at the trine indicated on the subpoena
and will be paid for all hours worked in excess of eight hours. In all cases, the employee will be
responsible to irxluim of the department designee between 1600 hours of the day precedog and 0700
hours of the date of the scheduled court appe vice so as to ascertain the status of the case and receive
instructions.
An employee will go on standby stabs as of the date and time required by the subpoena if
he/she is subpoemed. to appear in county or a wmt court as the result of a matter arising out of the
course of his/her employment, provided that this is agreeable to the court and to the attomey
requesting his/her presence. An employee on star k by under the provisions of this Section will receive
straight bme pay for each hour spent on standby with a rmin n am of three hours pay.
The three-hour minimum does not apply if prior to the end of the three-hour period:
1. The employee reports for dly. Standby pay stops at the time the employee reports for duty.
2. The employee is called by the Court Liaison and told to report to court within the three-hour
period or as soon as possible. Court standby pay stops when the employee is notified and court
time starts when the employee arrives at court.
3. If the employee is notified to report to court at a future time, the employee receives standby
pay for the three-hour minimum or actual time in excess of three (3) hours. Court time starts at
the employee's scheduled apappeararice time (with the exception of being late).
Standby time shall be excluded from hours worked computations.
Section 11. Line-of-Duty Injury Pay
The City hereby agrees to pay the following corrWisation to any employee irqured in the line
of duty in accordance with the following definitions, term and conditions:
(a) Line-of-Duty Condon 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 dly.
(b) An injury shall be &mied to have been incurred in the line of duty if and only if such
injury is cor able under the Florida Workers' C=rparafion Law.
Page40
(c) The amoumt of line-of--duty compensation paid shall be the amount required to
supplement hinds 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 line-of-&q compensation supplement
herein provided and all other payrrr ds herein gibed equal the employees regular
rate of pay at the time of the injury. Regular rate of pay for Aurkers' compensation
purposes is defined as base pay and any assigned pay if regularly assigned, but not shift
pay
(d) No line-of-duty compensation under this Section shall be allovwd for the first seven (7)
calendar days of disability provided however, that if the injury results in disability of
more than t"m"v (21) calendar days, line-of-duty compensation shall be paid from
the commerrement of the disability. (Changes in workers' compensation law will
modify this paragrph accordingly.)
(e) The term disability as used in this Section means incapacity because of the line-of-duty
injury to can in the same or any other employment the warms which the employee was
receiving at the time of the irgury.
(f) It is the intent of this Section to provide supplemental compensation for line of qty
injuries only, and this Section shall not be construed to provide corrpxtsation in the
event of death or injury incurred in any manner other than in the line of duty. Coverage
under this Section shall riot result in the loss of step irk which the officer would
have received had he/she been on active status Any time taken off for follovup
doctor visits or therapy due to. a line-of-duty injury when coordinated through
established Risk Mmaqm-fft procedures shall not be charged to the employee's sick
leave. In the event of any dispute or disagreement concerning the mtff pretation of this
Section, then the decisions concerning definition of the terms of this Section issued
under the Florida Workers' Compensation Law shall control.
(g) The City will provide line-of-ditty compensation in the amount necessary to supplement
funds received from the Florida Workers' Compensation Law in order to equal the
employee's regular rate of pay with no charge to the employee's acd7 ied paid leave when
an employee with less than three (3) years of service is injured on the job to the extent
that such employee messes scheduled vwrk time Such lime-of-duty compensation shall
be provided for a period not to exceed ninety (90) calendar days during the first year of
employment for each specific injury; sixty (60) calendar days during the second year of
employment, and thirty (30) calmuda r days during the third year of employ vnt
Page41
(h) Line-of-duLy, injtny pay will be provided from the first day of irginy for those defined in
(g) above, ho%? 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' corn a &-&on payment,
the City shall approximate the differential needed to equal the employee's base pay and
shall provide such line-of-duty igmypayto equal the employee's regular base pay rate at
the time of injury. Any oustment to the City's line-of-&q injury pay under this policy
will be made following the employees return to vwrk or at the expiration of the period
for which line-of-duty injury, pay is provided.
(i) Line-of-duty injury, pay shall not be provided to any employee after the third year of
employment. Following the time limits prescribed for the provision of line-of-duty
compensation in paragraph (g) above, employees shall be required to utilized accrued
paid leave time to aWlement furxb received from the Florida Workers Coon
Lavin order to non a paid status. Employees shall be pem-ratted to utilize accrued
paid leave time only in the arrioumt necessary to %VOMIEZt furids received from the
Florida Workers Compensation Law in order to equal the employee's regular rate of pay
at the time of the irguny.
(j) The City shall have the right to require the employee to have a physical examination by
a physician of its choice prior to receiving or continuing to receive compensation under
this Section
(k) Failure to report a line-of-d y injury to the employee's imtrr a supervisor or to the
Risk Maitagemer?t Division within t"enty=four (24) hours of the time of occurrence of
the it juuy shall result in a loss of all line-of-duty pay m ler this Article unless such failure
to report was. (1) caused solelyby and as a direct result of the employees injuries, or (2)
resulted from the occurrence of an event over which the employee had no control in the
opinion of the City Manager. It shall be the employees responsibility to prove the
injury occurred while on duty.
(1) Any provision of this contract to the contrary notwiting should any provision of
this contract be inconsistent with the terms of the Florida Workers' Compensation Law
(Oupter 440, Fla Ste), the Florida Rules of Workers' Compensation Procedure
(Fla R Work Comb. P), Florida Departrrent of Labor and Division of Workers'
Compensation Rule 38 or any other state or federal law or regulation now in force or
hereinafter enacted, then such provision of this contract shall be mall and void and of no
legal force or effect.
Page42
Section 12. Uniform Allowance
A The City shall continue to provide the uniforms and equipment currently provided by the City,
except that the City may make changes in styles or update equipment
B. Police Offices who vyDrk outside the Patrol division and who are not provided the standard issue
of uniforms or other clothing by the departrru shall receive a clothing allowance of $900 each
year for Fiscal Years 2009/2010,2010/2011, and 2011/2012.
The clothing allowance shall be paid quarterly to the applicable bargaining unit members who
are actually assigned and vwrking on the quarterly dates specified in the Depmtne nfs General Orders.
C The City shall provide each swum officer with a bulletproof vest, provided that the officer so
requests, provided, hov&ever, that it shall be j ust cause for disciplinary action if an officer provided a
vest does not wear it while on duly.
D. Persons transferred to plainclothes duty shall be permitted to retain at least one uniform.
Section 13. Tuition Refund Program
Members of the bmpmng unit shall be entitled to xeimbLrsement for tuition fees for approved
courses in accordance with the Citys Tuition Refund Program up to an amount of $1,500 annually for
the period from October 1, 2009 through September 30, 2012.
ARTICLE 10
INSURANCE
The City agrees to meet with the Union and other City of Clear`nater union representatives to
review the health and life i vuwice progr-mis for the purpose of reducing the cost of such programs
for tyre City and the employees.
The City further agrees to provide the Union with such information as vwuld be required to
forn slate such a benefit padcige and to cooperate with the Union to obtain pertinent information
from the present carrier and the insurance consultant. Any infonwhon received by either party from
the consultant or anodrer carrier will be shred with the other party.
The City agrees that for the calendar year occurring within the first yem of the agreerrient, the
City shall contrrbute toward the mescal insurance prerniurns, for employees and their dependents in
the amount approved for the plans approved by the City Corairnission_ The City agrees to maintain the
current Benefits Committee recommendation process culminating in final action by the City
Conmimion to detemim medical insurance pr+eniiums for employees and their dependents for the
duration of this Agreement The City further agrees that during the life of the agreement, the City will
make available to employees the option of at least one health insurance plan for which the City shall
pay 1001/6 of the premium for the employee only base benefit plan cost, it being understood that such
base plan may provide a different level of benefit thar? that which is currently provided. Additional
coverage for the family or spouse, as wrell as any enhancoaxntss or "buy ups" to the base plan will
continue to be paid for by the employee.
Page43
The City agrees to contim to to pay the premiums for group life insurance valued at a rn nirrnmh
of $2,500 per employee. Effective April 1st, 2007, the City shall no longex permit any new enrollment
in the 1% Life Insurance Program. BarWuning unit employees who are enrolled as of April 1st, 2007
may continue to participate provided they nhawdaun their participation on a continuous basis thereafter.
Any employees who currently, participate and choose to discoribnue their enrollment will not be
permitted to re-enroll in this benefit again at a later date.
ARTICLE 11
PERFORMANCE AND DISCIPLINE
Section 1. No employee who has successfully completed his/her initial or extended
probationary period shall be demoted, std, or disnvssed without just cause. New hire
employees in the initial probationary, period have no right of appeal of disciplinary action under this
Agreement. All diisciphne will be for just cause and consistent with due process. Employees have a
right to Union representation at any time a rneeting may lead to disciplinary, action The City, the
Union or the employee may use any work history material as evidence to support or oppose a
suspension or dismissal,.
Section 2. An employee may also be issued a norrdisciphriary "Employee Notice" by
his/her Division Head. Prior to an Employee Notice being placed in an employee s file, the employee
will have the right to confer with the Division Head regarding the proposed Employee Notice. The
Employee Notice will be retained m the employee's Department file. At the end of two (2) years, if
there is no reocc rrerice, the Employee Notice will not be used for any future disciplinary action The
Employee Notice will be maintained and/or removed in accordance with the State of Florida public
records laws.
Section 3. Performance, behavior nom, and disciplinary procedures shall be
outlined in the Police Departrrent SOP's and General Orders. The City and Union agree that any
system of discipline or per fomence managen-ent should be continually reviewEd for its effectiveness
and maybe modified from time to time to better meet the reeds of the City and its employees. Any
changes will be consistent with sound persorwd practice. The Union will have the opportunity to
provide nhput when changes are being consigned by the City. The Union's ref-usal to participate in
rreedngs or to provide input sloes not alter the Citys right to change the process.
The Police DTff rffkt and the Umon will continue the practice of Labor
meetings to resolve these types of issues.
Section 4. The City will continue its current practice of allowing the affected employee to
give a brief oral sta event to an acct reviewboand
Page44
ARTICLE 12
DRUG AND ALCOHOL POLICY
Section 1. Voluntary tse of controlled substances which cause intoxication or i_ ir?? ent
on the job poses risks to the employer, the affected employee and coworkers.
Section 2. All bargaining unit employees will be fully informed of the employer's for cage
dng testing policy before testing is administered Bargaining omit employees will be provided with
information concerning the impact of the use of drugs on job performance. Police Captains and other
managrient personnel will be trained to recognize the symptoms of drug abuse, imp=Ent and
intoxication. The City will permit five employees selected by the Union to attend such training class
on City time.
Section 3. City s Drug and Alcohol Program Policy
A. The City's Drug and Alcohol Piogmn Policy delineates, drug and alcohol test procedures.
Revisions gnu tenting star mids and job classification specifications shall be made as
revisions to laws or regurlations of state or federal govenmmetnt or agmdes deem permissible
Union repres?mtatives will be furnished with copies of the policies upon such revision Whenever
the City or the Uruion proposes to amend or change any policy affecting drug and alcohol testing,
the City or the Union shall provide notice and a copy of the proposed arrierglr mts or changes to
the other party at least 30 calendar clays in advance of the proposed effective date of the change.
The Union and the City shall have the right to bargain such proposed amendments or changes in
accordance with the law and the temus of this agreement.
B. References to CDL and "safety=sensitive" employees and positions shall not apply to F.O.P.
bargaining unit meat ars unless req *ed by law. As such, F.O.P. bargaining unit merrbers shall,
not be subject to the following provisions of the City Drug and Alcohol Program Policy unless
required bylawor agreed to by the parties:
Section II, B.
Section II, C
Section H, E. 2.
Section II, E. 4.
Section 4. Drug Testing Upon Designated Assignments
A. Bargaining unit members shall, when assigned to the Vice & Intelligace Unit, have a drug test
administered Additionally, such bargairmmg unit menters shall have an arnmual drug screening as
part of their arntral phy,,xA When an ergloyee tests positive on the screening test, the sample
shall be submitted for a eonfirrxr Am test.
Page45
1. The drug screening will be performed utilizing urine samples unless the employee, at his/her
option, requests a blood test in lieu of a nine test.
2. Urine and blood samples shall be drawn or collected at a cityesignated facility.
3. All testing shall be done by a laboratory certified by NIDA
4. The standards listed in the City's Anti Dnig and Alcohol policies shall be used to deterirnne
what levels of detected substances shall be considered as positive.
B. Assignnn nt to Vice & Intelligence or rerroval from same shall be at the sole discretion of the
Police Chef, regardless of the drug scriewing/confirrnation findings.
C In the event that a Vice & Intelligence officer is required as a course of his/her employrent to
imbibe in alcoholic beveragL-s or ingest secondhand ma4uana, hashish, crack, cocaine smoke, or
smoke from any other controlled svxtatce within 48 hours of a scheduled drug screening test, the
test shall be postponed for one week. The officer shall be responsible for advising his/her
supervisor of the occurrence of such an incdent as soon as practical.
ARTICLE 13
RETIREMENT
The City and the Union agree that prior to retiring, an employee may use his/171er vacation leave
balance at 100% value and sick leave balance at 5016 value to advance the employee's date of
retirea-ent.
The employee will be considered a regular employee for service edit to the pension plan The
City and the employee will continue to contnbu6e to the pension plan.
During the period of "retirm-a t advancenmt" the erployee will not be eligible to receive or
accrue anybenefits except retire nett credit. The benefits that will stop include, but are not lirruted to,
vacation and sick leave accrual, ir ir premitmt payments, workffs' compensation, allowances,
reimbursements, and special payments of any kind
ARTICLE 14
SENIORITY, LAYOFF, AND RECALL
Section 1. Seniority shall be defined as the length, of continuous service in full time City
employment and All. continue to accrue during all types of leave of absence wrath pay and other leaves
when specifically provkW in this Agreena
Page46
Employees shall not accrue seniority while in their initial probationary period After successful
completion of the police officer's initial probationary period, semority will revert to date of
employment on a full-time basis as a Police Officer and shall be called Police Officer bargiini ng unit
seniority. It is un ffstood by the parties that for employees hired as Police Remits prior to October
1, 2003, turn spent in the Police Rea ut classification shall also court toward bargining unit and City
seniority. After successful completion of the Police Service Technician's initial probationary period,
seniority will revert to date of employment on a regular basis as a Police Service Technician. Such
seniority shall be called Police Service Technician bargaining unit seniority. Bm*ning unit seniority
within each of the aforementioned ba Tpining unit seniority groups shall be utilized within the
respective groups to determine vacation, designated Holiday, and floating holiday selection and as a
factor should layoffs be required. Notwitl g the above, the Depa lment shall have the right to
temporarily assign Police Service Technicians to work on a shift not consistent with their shift selection
where the employee has had specific cross-training and a rued for temporary fill in work in another job
area is required (e.g court liaison).
Section 2. No new employees shall be hired in a job classification within the bargaining unit
until all employees on layoff in that job c'lassification have been given an opportunity to retum to work
at their original seniority date and positions, provided that after one (1) year of layoff the employee
shall cease to acme seniority, and that suchr re-erxiployrneit rights shall cease after two (2) years from
date of the layoff.
Section 3. Officers shall be pemtitted to bid shift assigm ents by bar** g unit seniority,
but the Depmt tent reserves the ri& to erasure that officers asmigned as corporals, officers with
specialized skills, or officers in any phase of the FTO program including senior officers transferred
from another Division requiring retrair>ing are apprupriately deployed arnnong the shifts, and to ensure
that Police Officers who are still on probation are distributed relatively evenly among the shifts. The
Department reserves the right to designate- no more than four teams as field training ("FTO'J teams
which, shall be distributed evenly between the East and West Districts. Bargvning unit m?ribers who
are selected for FTO assig mmts shall be permitted to bid among then elves by ba taming unit
seniority for such assignrnents. Officers on eacte ed leave due to illness or iqury shall be requuned to
submit documentation from a medical doctor demoting a specific return to work date within the
applicable shift period or shall be excluded from the bid process for such shift period
The Chief of Police may reassign any officer when such reassigrurient is in the best interest of
the Police Department
Page47
Section 4. An employee shall lose his/her status as an employee and his/her seniority if
be/she.-
(a) resigns or quits;
(b) is discharged or terminated (unless reversed through the grievance or arbitration process);
(c) retires;
(d) does not return- to vmrk from layoff within thirty (30) calendar days after being notified to
return by certified mail addressed to his/hex last address filed with the Human Resources
Departrr mt except as provided in Section 6 of this Article;
(e) has been on layoff for a period of two (2) yews;
(f) is absent from wurk, including the failure to return, from leave of absence, vacation or
disciplinary action, for three (3) corwKijtive working days without notifying the
Department, except mhere the failure to notify and work is due to circc ances verified as
being beyond the control of the employee and which are acceptable to the City.
Section 5. If art employee who has already completed his/her initial probationary period in
a satisfactory manrier is transferred, demoted, or promoted within the City to a position not included
in the bargaining unit covered by this Agreement and is thereafter transferred, demoted, or promoted
again to a position in the same job classification as the job he/she previously held in the bargaining
unit, he/she shall not be died to have acan "ated barg mmg mut seniority while work ng the
position not within the bargain* unit.
Section 6. Recall from layoff will be made by certified letter to the last address in the
employees record in the Human Resources Dot The employee mast, within seven (7) days of
the certified receipt date, notify in writing the Human Resources Director and the Police Chief of
his/her intention of returning to work Rehm to work must occur within thirty (30) days of the
certified receipt date of the City's notice of recall, except as benmiaf ter provided. When offered recall,
an employee who is temporarily unable to accept due to personal or medical reasons, after notifying
the Department of his/her intention of returning, may m the sole discretion of the City be granted if
necessary up to sixty (60) days leave of absence without pay butt without loss of seiority rights to
return. to employment. The employee must raquest such leave of absence and provide the specific
reasons therefor.
Section 7. Employees wrto decline recall, or who m the absentee of extenuating
des acceptable to the City fail to respond as directed within the time limit allowed, shall be
presurn ed to have resigned and their nacre shall be removed from the re-employment list.
Section 8. Employees who are recalled maybe regruned to pass the City's standard physical
oorxrination for their particular job classification before returning to work If unable to pass said
examination, the employee shall not be permitted to return to work Such employee shall be returned
to the reemployment list until able to pass the a mmination or until expiration of the eligibility period
of the list as provided above.
Section 9. Employees who are required to have specific certifications (i.e., State of Florida
won as police officer) or to possess designated licenses (Le., driver license) in order to perform
their jobs must present evidence of such certifications and licenses as a condition of their re`
employment and failure to do so shall be cause for dual of their retunn to work
Page48
ARTICLE 15
DURATION, MODIFICATION, AND TERMINATION
This Agree< mt shall be effective as of the start of the payroll period that mdtx]es October 1,
2009, and shall continue m full force and effect until the thirtieth day of September, 2012. At least one
humdred t"errty (120) days prior to the termination of this Agreerrmt, either party hereto shall notify
the other, in writing of its intention to modify, anted or temminate this Agrem-Ent. Failure to notify
the other party of intention to modify, amend or terrninabe, as herein above set forth, will automatically
extend the provisions and terms of this Agreetmtt for a period of one (1) year, and each year
thereafter absent notification
u?,• IN WITNESS WHEREOF, the parties hereto have hermider set their twds and seals this
IR dayof 11q-&w? . AD., 2009.
ATTEST:
QTY OF CLEARWATER, FLORIDA
r
E. Gourdeau, City
Approved as to form arrd
ui J), -
Pamela K Alm, GryAttomey
11
B. Horne II, City ManW
Countersigned
r
Frank Hibbard, Mayer
FLORIDA STATE LODGE OF THE
FRATERNAL ORDER OF
OFFICERS BARGAINPIC
By
Officer Jona-fan Walser, President
Cher Offices Bargaining Unit
Noeske, S f R 've
Florida State Lodge, Fraternal Order of Police
Page49
i A 7iT9A 7f` L'CT 0.
APPENDIX A
POLICE SERVICE TECHNICIAN
PAY RANGE P-44
Step October, 2009 Biweekly
1 $1,177.15
2 $1,236.01
3 $1,297.81
4 $1,362.70
5 $1,430.84
6 $1,502.38
7 $1,539.94
8 $1,578.44
9 $1,617.90
10 $1,658.34
11 $1,699.80
12 $1,742.30
POLICE SERVICE
TECHNICIAN SUPERVISOR
PAY RANGE P-50
Step October, 2009 Biweekly
1 $1,349.74
2 $1,417.23
3 $1,488.09
4 $1,562.49
5 $1,640.62
6 $1,722.65
7 $1,765.71
8 $1,809.86
9 $1,855.10
10 $1,901.48
11 $1,949.02
12 $1,997.74
APPENDIX A
POLICE OFFICER
PAY RANGE P-56
Step October, 2009 Biv"kly
1 $1,710.43
2 $1,795.95
3 $1,885.74
4 $1,980.03
5 $2,079.03
6 $2,184.28
7 $2,238.89
8 $2,294.86
9 $2,352.24
10 $2,411.04
11 $2,471.32
12 $2,533.10