CLEARWATER OFFICERS BARGAINING UNIT 2012-2015AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
FRATERNAL ORDER OF POLICE
CLEARWATER OFFICERS BARGAINING UNIT
2012 — 2013
2013 — 2014
2014 — 2015
TABLE OF CONTENTS
ARTICLE # TITLE
PAGE #
Preamble.........................................................................................1
Article 1 Recognition and General Provisions ............................................. 1
Recognition.....................................................................................................1
Contract Constitutes Entire Agreement .....................................................1
Severabilityand Waiver .................................................................................2
E�sting Rules .................................................................................................2
Article 2 Representatives of Parties .............................................................. 2
Article3 Rights of Parties ............................................................................. 3
OfficersBill of Rights ................................................................................... 3
City's Management Rights ....................................••...................................... 4
UnionRights ...................................................................................................4
Article4 No Strike ........................................................................................ 7
Article 5 Labor/Management Cooperation
.................................................
Article6 Grievance Procedure ...................................................................... 8
De finition .................................... ................. .......... ................. ........................ 8
Steps................................................................................................................. 9
Arbitration....................................................................................................10
Article 7 Personnel Practices .......................................................................11
Police Officers' Duties .....................................•--........................................11
SpecialDuty Call Out ..................................................................................11
Off-Duty Calls ..............................................................................................11
ProbationaryPeriods ...................................................................................12
Promotional Procedures .............................................................................13
Establishment and Duration of Eligibility Lists ......................................14
Removal of Names from Eligibility Lists .................................................14
Appointsnents...............................................................................................15
Productivity...................................................................................................15
Training.........................................................................................................15
PersonnelRecords .......................................................................................16
ResidencyRequirements .............................................................................16
TobaccoProduct Usage ..............................................................................16
Seat Belts and Safety Gear ..........................................................................17
Off-Duty Concealed Weapons ..................................................................17
Physical Examinations, Inoculations, and Fitness ...................................18
OutsideEmployment ..................................................................................18
LegalProtection ...........................................................................................19
Copiesof Municipal Code ..........................................................................19
PaycheckIssuance .......................................................................................19
ARTICLE #
TITLE
TABLE OF CONTENTS
PAGE #
Article8 Leaves of Absence ........................................................................ 20
DesignatedHolidays ....................................................................................20
FloatingHolidays ......................................................................................... 20
Vacation........................................................................................................23
SickLeave .....................................................................................................24
BonusLeave Days .......................................................................................27
LeavePool ....................................................................................................27
FuneralLeave ...............................................................................................29
MilitaryLeave ............................................................................................... 29
TimeOff ....................................................................................................... 32
LeaveWithout Pay...........••• .........................................................................33
Article 9 Wages & Compensation .............................................................. 34
Wages............................................................................................................. 34
Overtime....................................................................................................... 36
CompensatoryTime .................................................................................... 37
ShiftDifferential ..........................................................................................37
Standby.......................................................................................................... 37
Recall.............................................................................................................38
ActingPay .....................................................................................................38
Job Assi ment Pa 38
� y .....................................................................................39
CanineOfficers ...........................................................................................
Court Attendance and Standby ..................................................................40
Line-of-Duty Injury .....................................................................................41
UniformAllowance ..................................................................................... 43
TuitionRefund .............................................................................................43
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Appendix A
Insurance...................................................................................... 43
Performance & Discipline ........................................................... 44
Drug & Alcohol Policy ................................................................. 45
Retirement.................................................................................... 46
Seniority, Layoff, and Recall ........................................................ 47
Duration, Modification, & Termination ...................................... 49
PaySchedules ..................................................................................i
PREAMBLE
This Agreement is entered into between the City of Clearwater, Florida, hereinafter referred to
as the "City" and the Florida State Lodge of the Fraternal Order of Police, Clearwater Officers
bargaining unit, hereinafter referred to as the "Union." It is the intent and purpose of this Agreement
to assure sound and mutually beneficial working and economic relationships between the parties
hereto, to provide an orderly, peaceful and timely means of resolving any misunderstandings or
differences which may arise, and to set forth herein the full agreements between the parties concerrung
rates of pay, wages, hours of employment, and other terms and conditions of employment. It is
understood that the City is engaged in furiushing essential public services which vitally affect the
health, safety, comfort and general well being of the public, and both parties hereto recognize the need
for continuous and reliable service to the public. There shall be no individual arrangement contrary to
the terms herein provided.
ARTICLE 1
RECOGNITION AND GENERAL PROVISIONS
Section 1. Recognition
The City hereby recognizes the Union as the exclusive bargaining representative as defined in
Chapter 447, Florida Statutes, as amended, for all employees employed in the unit defined by the
Public Employee Relations Cotnmission in its certification No. 239, dated June 24, 1976, as modified
by Case No. RC-91-001 (verification of election results and modification of bargaining unit to include
Police Service Technicians) and amended 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 recognirion.
Section 2. Contract Constitutes Entire Agreement
The parties acknowledge and agree that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals with respect
to any subject or matter included by law within the area of collective bargaining and that all the
understandings and agreements arrived at by the parties after the exercise of that right and opporturury
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 fiirther collective bargaining, and each agrees
that the other shall not be obligated to bargain collectively with respect to any matter or subject not
specifically referred to or covered by this Agreement, whether or not such matters have been
discussed, even though such subjects or matters may not have been within the knowledge or
contemplation of eitller or both parties at the time that they negotiated or signed this Agreement. This
Agreement contains the entire contract, understanding, undertaking and agreement of collective
bargaining for and during its term, except as may be othenvise specifically provided herein
Page 1
This Agreement may be amended at any time by the mutual consent of the parties, but no such
attempted amendment shall be of any force or effect until placed in writing and executed by each party
hereto.
The parties agree to bargain proposed changes in the City's Pension Plan and changes in the
City's Civil Service Rules that deal with mandatory subjects of collective bargaining and any impact
these changes may have on bargaining unit members.
Section 3. Severability and Waiver
Each and every clause of this Agreement shall be deemed separable from each and every other
clause of this Agreement. In the event that any clause or clauses shall be finally determined to be in
violation of any law, such clause or clauses only shall be deemed of no force and effect and
unenforceable without impairing the validity and enforceability of the rest of the contract including any
and all provisions in the remainder of any clause, sentence or paragraph in which the offending
language may appear.
The exercise or non-exercise of the rights covered by this Agreement by the City or its
employees or agents or the Union shall not be deemed to waive any such right or the right to exercise
them in the future.
Section 4. Existing Rules
A Police Depart�nent rule, regulation, policy or procedure now in e�ustence in conflict with this
Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be
compatible with this Agreement.
Employees shall be required to observe and comply with all current and future written rules
and regulations as set forth in Departmental procedures and such special and general orders and other
written communications, except those which are in conflict with this Agreement.
No disciplinary action shall be taken for violation of a newly established or amended rule or
regulation until such rule or regulation has been posted for at least forry-eight (48) hours.
The Union shall be forwarded a copy of any written departmental memorandum, rule,
regulation, general or special 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 right 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 only with the
authorized representatives of the Union in all matters requiring mutual consent or other official action
called for by this Agreement. The Union agrees to notify the City of the name of such authorized
representatives as of the execurion of this Agreement and each replacement therefor during the term
of this Agreement.
Page 2
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 norice is received, the City is
under no obligation to recognize the individual as an authorized representative of the Uruon.
Section 2. The Union likewise agrees that during the term of this Agreement the Union and
the employees covered hereunder shall deal only with the City Manager or his/her representative in
matters requiring mutual consent or other official action and specifically the Union agrees that neither
the Union nor the employees hereunder shall seek to involve the City's elected officials in the
admiiustrarion of this Agreement, or otherwise in the operarion of the City's Police Department. 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 working condition enjoyed by employees covered by this
Agreement as the result of specific acrion taken by the City Manager or Chief of Police shall not be
changed in an arbitrary or capricious manner.
Section 2. It is understood and agreed that sworn police officers have rights and protection
under the Florida Statute commonly known as the Police Officer's Bill of Rights, Florida Statute,
Sections 112.531,112.532, 112.533 and 112.534.
Secrion 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 inembership or non-
membership 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 them, and further to encourage all
bargaining unit members to comply with such laws and regulations at all times. From time to time, as
the City issues policy statements or develops specific training programs concerning areas of prohibited
discriinination under federal laws and regulations, the City may submit such policies and/or programs
to the Union for their review and consideration for endorsement. If the Union determines not to
endorse the policy and/or program, it shall advise the City of its reservations which have precluded it
from endorsement.
Section 5. The City opposes any form of employment discrimination which is made
unlawful under applicable State and Federal law. Any claim of discrimination by an employee against
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 review prescribed by
law.
Page 3
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 normal 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
number, location and type of its various operations, functions and services; the methods,
procedures and policies to be employed; to discontinue the conduct of any operation, function or
service, in whole or in part; to transfer its operarions, funcrions or services, from or to, either in
whole or in part, any of its departments or other divisions; to select and direct the working force in
accordance with requirements determined by the City; to create, modify or discontinue jobs; to
establish and change working rules and regulations; to create new job classifications; to establish
and change work schedules and assignments; to transfer, promote or demote employees; to lay off,
furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or
other legitimate reason; to suspend, discharge or otherwise discipline employees for 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, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or
similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the
Mayor during the time of the declared emergency, provided that wage rates and other direct
monetary payments shall not be suspended; provided, however, that any grievance arising during
suspension of this Agreement will be pursuable on termination of the declared emergency.
C. Management shall not assign, reassign, discipline, demote, or discharge 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 Management Rights to change
wages, hours or terms and conditions of employment of any person covered by this Agreement
upon timely request by the Union and to the extent provided by law.
Section 7. Union Rights
A. Union Dues and Checkoff -- During the term of this Agreement 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 statement 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 written 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 othenvise moved out of the bargaining unit.
Upon norificarion from the Union as to the amount, the City shall raise the dues deducrion
according to the established amount provided in the Union bylaws.
Page 4
This Agreement applies only to the deduction of basic membership dues and uniform
assessments and shall not apply to the collection of any fines, penalties or special assessments.
In the event that an employee's salary earnings within any pay period, after deductions for
withholding, pension or social security, health and/or hospitalizarion insurance or other standard
or legally required deductions, are not sufficient to cover dues and special assessments, 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 sworn 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 norify the Chief of Police of any changes to the list.
Any steward who feels unqualified to represent a member on any matter 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 commander on duty. A steward shall not investigate his/her own
grievance or otherwise represent himself/herself.
No employee, while on duty, shall meet and discuss any issue with a steward without first
receiving approval from the appropriate supervisor on duty.
C. Indemnification -- The Union shall indemnify, defend and hold the City, its officers, officials,
agents and employees harmless against any claim, demand, suit or liability (monetary or
otherwise) and for all legal costs arising from any action taken or not taken by the City, its
officials, agents and employees in complying with dues deduction. The Union shall prompdy
refund to the City any funds received in accordance with this Agreement which are in excess of
the amount of basic and uniform membership dues which the Ciry 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, meetings or conferences. Such hours shall
also be used for time spent by bargaining unit members 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
management meetings, contract negotiations, and participation as a member or attendee of any City
comnuttee whereby 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 immediate supervisor of the bargaining unit 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 departrnent will not be interfered with or
impaired. 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 caxried fonvard into
the next annual period. Union time for contract negotiations may be negotiated as part of the
contract ground rules.
Page 5
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 ineetings 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 transmission of F.O.P. official information for distribution in any City facility.
No other City bulletin board, e-mail, or other distribution methods may be used by the Union
or any member 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 information relating to political campaigns.
F. Rules and Regulations and Memorandums
(a) The President of the Union shall be forwarded a copy of any written departmental
memorandum, rule, regulation, order, or policy, intended for publication to all members of
the bargauvng unit, which is intended to establish a standard of conduct for members of the
bargaining unit.
(b) The President of the Union or his/her designee shall be fonvarded 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
Agreement, printed in booklet form. The cost of printing shall be shared equally by both
parties.
H. Use of Copying Equipment -- The City agrees to allow the Union officers to use the
Departmental 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 deparnnental records which the Chief will not allow the Union to remove from
the Department and copy using its own equipment.
(b) The Union will be charged and will remit such rate as may hereafter be established by the
City in accordance with City Policy.
(c) Departmental business will of course take priority and the Union will only be allowed to
make copies while the Deparnnent is not otherwise using the copier.
I. The Union may designate a Civil Service Liaison officer who shall on request be relieved from duty
with no loss in pay for the purpose of attending Civil Service Board Meetings, unless the efficiency
of operations of the Department will be interfered with or impaired in the sole and unlimited
discrerion 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 meeting of the F.O.P. providing operations will not be interfered with.
Page 6
K. The President of the Union or his/her designated delegate shall be provided a copy of the agenda
in advance of every regular City Commission meeting. If an item appearing on the agenda clirecdy
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 meeting.
Permission will not be unreasonably withheld.
L. With prior approval and providing the departrnent determu�es in its sole discretion that there will
be no adverse unpact to operations, the Secretary, Treasurer, State Trustee or Board Member will
be permitted to attend labor meetings or the regular monthly meetings of the Lodge if they are
working. However, they will be subject to call, and such meetitng hours shall not be counted
toward the Union time referenced in paragraph D of this Section.
M. The City shall grant the Union time off without pay on request. Requests for use of this time
shall be made to the affected Division Commander via the chain of command and subsequendy
approved by the Chief of Police or his/her designee. The Department will grant such time off
provided that in the opinion of the Department 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, work stoppage or any
other act of like or similar nature likely to interfere with the efficient operarion of the City's affairs
engaged in or supported by members of the Union and/or employees represented by the Union or
other agents or representatives of the Union or its affiliates.
Section 2. Should the Union or its member employees covered hereunder within the City's
Police Deparnnent breach this Article, then the Ciry may proceed to the appropriate court and,
without notice, obtain a temporary restraining order against such breach.
Secrion 3. Should any member of the bargaining unit participate in a strike as defined in
Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such
violation constitutes just cause for dismissal.
Section 4. The parties specifically incorporate herein the provisions of Florida Statutes
447.505, 447.507, and 447.509.
ARTICLE 5
LABOR-MANAGEMENT COOPERATION
The City and Union support the concept of Labor-Management cooperation to address
employee concerns that are not specifically provided for by contract provisions. Labor-Management
cooperative efforts shall not be intended to bypass established grievance procedures or the right of
collective bargaining. Labor-Management cooperative efforts shall be utilized for the purpose of
discussion and input from both parties on matters that may be mutually resolved and are not subject to
collective bargaining, grievance, or litigation processes.
Page 7
ARTICLE 6
GRIEVANCE PROCEDURE
It is the intent of this Article to provide a means for the fair, expeditious, and orderly settlement
of disputes that arise under this Agreement between 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 interpretation or application of the terms of this Agreement, except as exclusions are noted in
other articles of this Agreement. Prior to the fil�ing of a grievance, the employee shall meet and discuss
the issue with the imrnediate 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 statement of the facts alleged
to support the grievance and shall be signed by the grievant. Grievances must be filed on proper
forms supplied by the City and all information must be furnished, including a request for Union
representation if desired at each step. The grieving party must state in writing the remedy sought to
resolve the grievance. No grievance form may be amended from the original written grievance at the
initial step of the Grievance Procedure. Grievances shall be processed in accordance with the
following procedure and shall be deternuned by application of the terms of this Agreement, the laws of
the United States, the State of Florida, and the Charter and Ordinances of the City of Clearwater.
Where the term "working days" is used in tl�is Article it shall refer to Monday through Friday.
Saturdays, Sundays and days designated as holidays are excluded. Probationary employees, including
Police Recnuts and Police Officers, shall not have access to the Grievance Procedure for any matter of
discipline (including discharge), assignments, scheduling or access to training opportunities. Any
grievance by a regular employee relating to suspension or dismissal shall be initiated at Step 3.
On behalf of employees covered by this Agreement, the Union hereby waives any right of these
employees to resort to the Civil Service Board concerning any matter defined in this Agreement. This
shall specifically include grievances relating to suspensions, demotions and dismissals.
Grievances may be filed and processed by the Union except grievances of discipline which
must be initiated by the disciplined employee.
As used in this Article, the term "employee" may also mean a group of employees having the
same grievance. In such event, one employee shall be designated by the group of employees to act as a
spokesperson and shall be responsible for processing the grievance. All employees in the group shall
be identified, however only the spokesperson needs sign the grievance.
Page 8
STEP 1
If the issue is not resolved by the irrunediate supervisor, the aggrieved 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 occurrence of the action giving rise to the grievance. If
there is no lieutenant in the employee's chain of command, 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. Discussions shall be informal for
the purpose of settling differences in the simplest and most clirect manner. The lieutenant 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 lieutenant detennines that he/she is unable to
respond due to circumstances of the grievance which may require a decision at a higher level, he/she
may respond by denying the grievance.
STEP 2
If the grievance is not settled in the first step, aggrieved employee within ten (10) working days
of the date of the answer in the first step, shall present it to the Division Head or his/her designee.
The grievance shall refer to the specific section of the Agreement 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 grievance. The Division Head or his/her designee shall
obtain the facts concerning 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 bargaining unit Steward or other representative. The
Division Head shall norify the aggrieved employee of his/her decision in writing not later than ten (10)
working days following the meeting day.
STEP 3
If the grievance is not settled at the second step, the aggrieved employee shall, within ten (10)
working days of the date of notification from the Division Head or his/her designee, present the
written grievance to the Chief of Police or his/her designee. 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 employee. The aggrieved employee may be
accompanied at this meeting by an official bargaining unit Steward or other representative. The Chief
of Police or his/her designee shall notify the aggrieved employee of his/her decision in writing not
later than ten (10) working days following the meering day.
STEP 4
If still unresolved, the grievance 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 Manager or his/her designee shall meet with the employee and an
official bargaining unit Steward or other representative if requested. The City may deter�nuie who shall
meet with the employee. Within ten (10) working days, the City Manager or his/her designee shall
norify the employee, in writing, of his/her decision. If a grievance is not submitted to the City
Manager, it shall be deemed to have been resolved at Step 3 to the employee's satisfaction.
Page 9
Section 3. In the event that the grievance is still unresolved, the matter shall be submitted
to final and binding arbitrarion as provided in this Secrion.
A. Within ten (10) working days of the decision of the City Manager, the Union or the aggrieved
parry, as applicable, shall notify the City Manager of its intent to arbitrate. Concurrendy, said party
shall request from the Federal Mediation and Conciliation Service a list of seven (7) names of
qualified arbitrators. Within ten (10) working days after the receipt of such a list, representatives
of the parties shall meet and each party shall strike 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 arranged, 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 transcript to be provided to the arbitrator, shall be shared equally by the City and the
aggrieved party. The decision of the arbitrator shall be final and binding on both parties, except
that either party may petition for review in the circuit court.
The arbitrator shall have no power to amend, add to or subtract from the terms of this
Agreement, and if the City has denied the grievance on the basis that it was not timely filed at Step
2 of the grievance procedure for individual grievances or at Step 3 for grievances which bypass the
first two steps, and further if the arbitrator finds that the grievance is not timely filed, then the
arbitrator shall have no power to grant relief.
B. Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of
this Agreement shall be fi�riushed to both parties within thirty (30) days from the filing of briefs
by the parties.
C. The arbitrator shall arbitrate solely the issue presented.
D. Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based on the
original written grievance submitted in the grievance procedure.
Section 4. Formal Processing of Grievance Initiated By City
Where any provision of this Agreement involves responsibility on the part of the Union which,
in the view of the City, is not properly being carried out, the City may present the issue to the Union as
a grievance. If such grievance cannot be resolved by discussion between the Ciry and the unit
representarive on an informal basis, the grievance may be formally filed in writing by the City Manager
or his/her designee by giving written notice to the business agent of the Union. Such notice shall
indicate the provision(s) of the Agreement which the City contends is/are not properly being carried
out by the Union. If not resolved within ten (10) working days following receipt by the Union of the
written grievance, the Ciry may submit the grievance to arbitrarion under the provisions of Secrion 3 of
this Article.
Page 10
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 duries. The City agrees that members of the bargaining unit shall
not be required to perform duties or functions not reasonably consistent with the job specifications
and duties as set forth in their respective job descriptions or reasonably related to the performance
of functions of the Police Department.
B. The City agrees that members of the bargaining unit shall not be required to change automobile
tires, except in emergencies; nor shall they be required to manually push disabled motor vehicles;
however, they shall make appropriate efforts to remove such disabled motor vehicles where the
elimination of blocked or congested traffic flow or related safety needs is such as to reflect that the
disabled motor vehicles should be reasonably relocated from the scene. Supervisors will be
provided a noose for use by Police Officers in moving dead animals.
Section 2. Special Duty Call Out
A. All employees who are covered by this Agreement 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 unscheduled events. Such
occurrences shall be conducted in accordance with established City policies and procedures.
C. Employees assigned to the Criminal Investigation Division, Patrol Special Operations section,
Traffic section, or community policing teams are subject to adjustments of their hours and/or days
to meet the circumstances at hand. Management will give as much notice as possible when such
adjustments are made but it is understood that hours must be flexible.
Section 3. Off-Dury Calls
When a bargaining unit member is called by telephone by a supervisor, member of the State
Attorney's office, or a coworker who has been directed to do so by a supervisor for deparnnental
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 one-tenth of an hour
of work tirrie.
(b) If the call is greater than six (6) minutes, the employee shall be credited with the actual time
involved for work time.
Page 11
(c) If tlze 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 information, to
call other employees in the line of duty, to take other action on behalf of the City, and/or
subsequendy to call the supervisor or other designated City personnel with a response, the
employee shall be credited with actual time involved in complying with the supervisory
directive. 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-generated telephone calls that are deemed
appropriate and duly authorized for payment by their immediate supervisor.
Section 4. Probationary Periods
A. Police Service Technicians shall serve an initial probationary period of s� (6) consecutive calendar
months during which time the Department shall observe and review the employee's job
performance, attendance, attitude and adherence to Departrnental and City requirements.
If during the initial probationary period, or at the end of such period, the Department
deter�nines that the employee fails to meet and/or adhere to requirements or is unfit and/or
othenvise unsatisfactory, said employee may have his/her initial probationary period extended at
the discrerion of the Police Chief or his/her designee or may be separated by the City. The
employment status of an employee whose probationary period is extended shall remain the same as
that during the initial probationary period. An employee who is separated during or at the
expiration of the initial probationary period or any extension thereof shall have no right to a
grievance under this contract. The City shall present to the employee reasons for separation in
such event.
In the event that the employee was previously a certified City employee who was promoted,
said employee may have his/her promotional probationary period extended, or may be returned
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 same 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 dismissal, then
the employee shall be dismissed and not have his/her name placed on a re-employment list.
B. Police Officers, from the date of promorion or appointment to the classificarion of "Police
Officer," shall serve an inirial probarionary period consisting of the time required to successfully
complete the Field Training Officer Program and an addirional twelve (12) consecutive calendar
months following the successful complerion of the Field Training Officer program during which
time the Depart�nent shall observe and review the employee's job performance, attendance,
attitude, and adherence to Deparnnental and City requirements.
Page 12
If, dwing the initial or promorional probarionary period or at the end of such period the
Department determines that the employee fails to meet and/or adhere to requirements or is unfit
and/or otherwise unsatisfactory, said employee may have his/her initial or promotional
probarionary period extended or may be separated by the Ciry. The City shall present to the
employee reasons for separation in such event. An employee who is separated during 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 non-police City posirion which the
employee previously held as a certified employee provided the posirion is still vacant and with the
approval of the former Departrnent 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 comrrutted a serious infraction which warrants dismissal, then the
employee shall be dismissed and-not have his/her name placed on a re-employment list.
Section 5. Promotional Procedures
A. All non-probationary Police Officers who have completed five years of service as an Officer in the
Clearwater 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 minimutn qualifications as
established by the City Manager/designee.
B. The minimum educational requirement for promotion to Police Sergeant shall include a two-
year degree, or the equivalent credit hours from an accredited college or university.
C. The promotional eligibility process for Police Sergeant will consist of an evaluation of established
criteria which may include a written examination, oral interview, education and prior experience,
specialized assignments, performance evaluations, prior disciplinary actions, seniority, or other
factors as determined by the Police Chief. Such criteria shall be noted on the announcement of
each eligibility determination process, and shall be weighted 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 time of promotion are
receiving Job Assignment Pay in accordance with Article 9, Section 8 of this Agreement shall be
entided 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 terms and
conditions of this or other applicable Agreement.
Page 13
Section 6. Establishment and Duration of Lists
The promotional eligibility lists for Police Sergeant and Police Service Technician Supervisor
shall be established each time an opening e�sts. Names of candidates shall be placed on the Police
Sergeant eligibility list in order of the final eligibility rating determined 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 determined to meet the minimum eligibility criteria.
The City shall not be required to prepare a promotional eligibility list solely because there is not an
available list, unless there is a current opening.
Section 7. Removal of Names from Lists
Names of eligibles shall be removed from the appropriate Eligibility List by operation of any of
the following.
(a) Appointment through certification from such list to fill a permanent position.
(b) Written statement by the eligible that he/she is not willing to accept appointrnent. Such
statement may be restricted to a limited period of time 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 performing sarisfactorily the duties of the posirion.
(� Removal from the employment area designated by the City when such residence is �as
required as a condition of appointment.
(� Determination 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 knowingly gave wrong informarion, withheld information, or evaded in
responses relating to his/her employment background, training, education, or character.
(i) Any examinee who divulges to any other person information relating to questions and/or
materials contained in a test will be subject to disqualification from the Eligibility List and to
discipline.
Page 14
Section 8 Appointments
Selection from the Eligibility List shall be at the sole discrerion of the Police Chief. Selection
criteria shall be developed and may include such factors as ranking on the eligibility list, demonstrated
job performance, aptitude, capacity, knowledge, character, 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 again for a period
of two years unless the eligible requests such. The department shall counsel with any eligible who is
not selected for promotion upon the request of the employee.
The City and Union agree that this Secrion may be reopened during the period from October 1,
2012 to September 30, 2015 for the purpose of negotiating mandatory subjects of bargaining related to
the promotional selection process only. If this Section is reopened and the parties are unable to reach
agreement, the e�usting language and related process shall be maintained as the status quo, and shall
not be subject to the impasse procedure.
Section 9. Productivity
The Union recognizes that productivity is of utmost concern to the City and is critical to the
provision of services to the citizenry in an efficient and effective manner. The Union acknowledges,
except as expressly limited by the provisions of this Agreement, that the City may introduce new
methods, processes and equipment, unplement new technology, and establish work measurement
standards to determine performance levels; that it may develop flexible job assignments and shifts; that
it may establish innovative programs to improve the provision of public services or to reduce the cost
of providing such services; and that it may take such other actions as it deems appropriate to improve
productivity.
Section 10. Training
Notification of schools, training, and career development courses which the Department
deternnines appropriate will be made available to all bargaining unit members in sufficient time for
officers to make application for attendance. Officers who desire to attend will complete the
departmental training request form and submit it to their supervisor. The department will select
officers for attendance using these criteria:
(a) Ability of the officer as shown in performance evaluation.
(b) The officer's duties and assignments (past, present and future).
(c) Senioriry in the department.
(d) The officer's demonstrated interest.
(e) Available personnel and staffing needs of the Departrnent.
(f} The amount of prior training received.
Page 15
All time spent in training which has been duly authorized by the Depart�nent shall be
compensated as hours worked unless (1) attendance at the training is voluntary and (2) the training
occurs outside the employee's regular work hours and (3) the employee performs no productive work
and (4) the training is not clirectly related to the actual performance of the employee's present
assignment. Employees assigned to training must receive approval from their immediate supervisor
prior to performing any additional work outside of the actual time spent in training while on the
training assignment. 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 file or portions thereof. When
a personnel record of a member of the bargaining 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 possible whenever his/her Internal Affairs, Police
Deparnnent, or Human Resources Deparnnent file is accessed by someone other than the employee.
If the employee is absent from duty, his/her urunediate supervisor shall be notified and shall attempt
to contact the employee, and if unsuccessful shall inform the employee upon his/her return to work.
Section 12. Residency Requirements
Except as provided by Department General Orders, any eXisting employees who move to a
different residence and all new hires as a condition of employment 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 duty assignments, the Police Chief may consider
residency location in selecting personnel to such special duty assignments. Employees may request
special permission 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
Sworn 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 Usage Policy. Violation of this provision shall
be grounds for discipline.
Page 16
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 in any vehicle they are driving
(City or personal) when on City business.
Whenever an employee is furnished with City safety gear, 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 replacement due to wear shall not be placed on patrol duties or
hazardous assignments until such equipment 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 firearm, that
such firearm has been duly approved by the Department, and that such firearm is periodically
inspected by the Deparnnent or other qualified armorer if such firearm is not issued by the
Deparnnent. This weapon may only be used to perform law enforcement functions.
Any officer wishing to carry an off-duty firearm for which the Department 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
Department that the fireatm has been inspected and approved by a qualified armorer.
Only hand guns of the caliber listed below shall be approved for off-duty use:
.380; 9mm; .38; 357 magnum; 10mm; .40; .41; .44; and .45.
Officers who are temporarily assigned to Department approved undercover assignments other
than full-time Detecrive assignments may carry their Department issued firearm or a personally owned
"off-duty" firearm provided that the Officer has met the Department's qualification, inspection, and
any other requirements for off-duty weapons as defined herein and in accordance with Deparnnent
policy.
Officers shall carry only ammunition approved by the Department armorer in both their on-
duty and off-duty firearms. The Department will provide ammunirion for on-dury use, qualifying, and
open range day only for Departinent issued firearms or for Department authorized off-duty firearms
of the same caliber as the Deparnnent issued firearms only. It will be the officers' own responsibility
to provide amrnunirion for any other approved caliber, including training ammunirion.
Page 17
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 undergo an annual physical
examination as detertnined by the Police Chief. Physical examinations shall be in accordance with
current medical guidelines that are gender and age specific.
The physical examination will be performed by the employee's Prunary Care Physician.
The cost of the employee's co-payment for the physical examination will be paid by the City. The
employee shall schedule the physical examination with his/her own Primary Care Physician. The
employee shall provide the Department a"Fitness for Duty Report" from the Primary Care
Physician which shall include, but not be limited to, the specifics of any heart related condition
including preventive care recommendations.
B. In the event that the Departtnent determines that an officer requires an inoculation or
unmunization as the result of exposure to a disease or illness in the line of duty, then the same
immunizarion or inoculation will be made available to the members of the officer's household.
C. Proof of the exam must be submitted prior to the employee's annual performance evaluation date.
D. Employees may schedule said physicals while on duty. It is the employee's 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 assigned shift. However, evening and night shift employees shall be
pern�itted with the approval of their supervisor to flex time within the same work week for time
spent taking the physical. The maximum amount of flex time permitted for employee physicals
shall be two hours per office visit up to a ma�rnum of two visits unless otherwise authorized in
advance by the Depar�nent.
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 members, and time spent using such
facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such
facilities be compensable under workers compensation.
Section 17. Outside Employment
Outside employment of bargaining unit members shall be subject to provisions of the City's
Civil Service Rules & Regulations and the Deparnnental Rules and Regulations governing outside
employment, provided further however, that police-related "extra-duty" employment shall be limited
to a maxirnum of 20 hours per week. During periods of unusual seasonal demand, exceptions to the
20-hour ma�mum will be considered by the Police Chief or his/her designee, who shall approve or
deny such requests in his/her sole and unl'united discretion.
Page 18
The City and Union agree that this Secrion 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. However, items affecting wages, hours, or terms and conditions of
employment shall be implemented only upon the mutual agreement of the parties.
Section 18 Legal Protection
The City agrees to defend any member of the bargaining unit who is sued for damages as a
result of actions taken in 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 defense.
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.
Employees shall be required to elect to receive the entirety of their pay in either standard hard
copy paycheck format or through direct deposit by electronic transfer, and will not be pexmitted to
split their pay between the two mediums. Employees 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.
Secrion 21. Master Officer Designation
The City and Union agree that this Article may be reopened during the period from October 1,
2012 to September 30, 2015 for the purpose of negotiating mandatory subjects of bargaining related to
the development and implementation of a Master Officer designation only. If this Article is reopened
and the parties are unable to reach agreement, the e�sting language shall be maintained as the status
quo, and shall not be subject to the impasse procedure.
Page 19
ARTICLE 8
LEAVES OF ABSENCE
Section 1. Holidays
A. There shall be nine (9) paid holidays. They shall be:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Christrnas Day
January 1
Federal Holiday
Federal Holiday
Federal Holiday
J�y 4
Federal Holiday
November 11
4th Thursday in November
December 25
The Ciry shall pernut the use of bargaiiung unit seniority within e�sting bid practices to
deteiYnine whether an employee will work on holidays and reserves the right to detennine the
appropriate level of staffing and the schedule employees will observe on the holidays. This applies
to all bargaining 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 worked
irrunediately preceding or following the holiday shift does not determine 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.
C. 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 form of
time off without pay, the employee shall not be paid for the holiday.
D. Employees who work eight (8) hours or more on Christmas Day, New Year's Day, Independence
Day, and Thanksgiving Day shall be paid at a rate of 2-1 /2 times regular pay.
E. An employee may be required to work all or part of any holiday even though it may be his/her
regularly scheduled day off. When a holiday falls on an officer's regular day off, 8-hour and 10-
hour officers are paid eight (8) hours holiday pay. Both types of employees have worked 40 hours
and are paid 48 hours — a full week plus one (1) holiday.
F. Floating Holidays: 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 an employee is not scheduled to work may be selected as a floating holiday.
Page 20
Floating holidays shall be subject to the following requirements and conditions:
(a) No employee may utilize floating holidays until durty (30) calendar days after his/her
employment.
(b) During the first 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
April to the end of June
July to the end of September
C!
3
2
October to the end of December 1
(c) Floating holidays must be taken in full-day increments and may not be carried over from
one payroll calendar year to another, and if not taken are forfeited except as provided in
paragraph (d) below.
(d) An employee may elect to take one or more floating holidays for which he/she is eligible
(and has not taken or scheduled) as a cash stipend. The employee will be paid eight (8)
hours for each floating holiday for which the employee makes this election.
(e) Floating holidays are scheduled at the mutual convenience of the employee and the
Department.
G. Pay procedures regarding specific situations as related to holidays 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 shall not be charged sick leave.
(a) Procedure when holiday falls on officer's scheduled work day but officer takes the day off•
Pay eight (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 work week minus one
work 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 holiday pay. Employee is
paid regular hours for hours worked.
Page 21
(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 overtime 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 when he/she would otherwise have been working the day as part of
his/her regular workweek shall receive holiday pay for the day in accordance with his/her
schedule and such hours shall count as hours worked towards the calculation of overtime.
(e) Procedure 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 overtime
hours are turned in as overtime. Whether the overtime is straight overtime or premium
overtime is based on the total hours worked in the work week.
(� Procedure when premium holiday falls on officer's scheduled work day and employee
works his/her scheduled day: Employee receives 2-1 /2 times regular pay for all hours
worked.
(� Procedure when premium holiday falls on officer's 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 premium holiday falls on officer's scheduled work day but officer takes
part of the day off: If the employee works eight (8) hours or more, all hours 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 hours 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. (If 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.
Page 22
Section 2. Vacations
A. Accrual of Vacation Leave
1. Vacation leave shall be accrued on a bi-weekly basis and will be pro-rated according to hours
in a paid status for all full-time employees in accordance with the number of completed years
of credited service as follows:
Completed Years of Service
0
1-2
3
4
5
6
7
8-10
11
12
13 - 14
15 —19
20 & Over
Biweekly Accrual
3.077
3.077
3.385
3.692
4.000
4.308
4.615
4.923
5.231
5.538
5.846
6.154
6.462
2. The vacation year shall be the calendar year.
B. Use of Vacation Leave
Vacation Hours
0
80
88
96
104
112
120
128
136
144
152
160
168
1. The use of vacation leave shall be authorized in accordance with Police Department
Regulations.
2. If service requirements permit and with the approval of the Department, an employee may use
his/her accrued vacation in increments of tenths of an hour.
3. All bargaining unit employees are entitled to use at least two (2) weeks of accrued vacation
leave per year.
4. The borrowing of vacarion time prior to its accrual is prohibited.
5. There is no advancing of vacation pay.
6. An employee must be employed for siY (6) months prior to requesting the use of vacation
leave.
7. Compensatory time off may be taken in conjunction with a regular vacation if authorized.
Page 23
G Maxirrium Accrual of Vacation Leave
The ma�umum amount of vacation leave that may be accumulated is 240 hours.
D. Payment and Accrual During Military Leave
1. An employee granted an extended military leave of absence for active duty in accordance
with the City's Emergency Military Leave Supplementary Compensation Policy shall be paid
all accrued leave upon the employee's request when the employee begins the extended
military leave.
2. An employee returning from an extended military leave of absence shall accrue vacation
leave for the period of military service not to exceed 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
member of the employee's immediate family becomes ill for more than three (3) consecutive
days, while the employee is on vacation leave.
2. The employee may request that vacation leave be changed to funeral leave provided the
request is consistent with 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 maximum of 240 hours, provided the employee was not dismissed for cause and has more
than one year of continuous service. Payment will be made at the base rate exclusive of any
premium pay or shift assignment pay.
Section 3. Sick Leave
Forpayroll purpo.re.r, a payroll calendaryear begin.r svith the first day of the firrt pay period for the firrt pay check
date in the calendaryear and ends avith the la.rt day of the last pay period for the la.rt pay check in the calendaryear.
A. Sick Leave Accrual
Employees shall accrue sick leave each payroll period based on hours in a paid status. Employees
shall accrue 3.693 hours of sick lea�e on a biweekly basis. (i.e., An employee on a forry-hour work
week earns twelve (12) days per calendar year.)
B. Sick Leave Accrual Caps
Employees may accumulate up to 1560 accrued hours.
Page 24
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 lea�e balances remain the same upon transfer to another department or classification.
3. Sick leave balances are converted to equivalent days if an employee changes to a different
hourly work week. (i.e., Forty-hour work week to thirty seven and one-half hour 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 may be authorized in increments of tenths of an hour.
E. Authorized Use of Sick Leave
Sick leave is not a privilege to be used at the employee's discretion. It shall be authorized only for
absences:
1. Due to personal illness or physical incapacity.
2. Due to exposure to contagious disease in which the health of others would be endangered by
the employee's attendance on duty.
3. Due to dental appointments, physical examinarions, or other personal or family sickness
prevention measures.
4. Due to illness of a member of the employee's iminediate family which requires the employee's
personal care and attention. "Immediate family" shall mean parents, stepparents, grandparents,
children, stepchildren, grandchildren, brothers, sisters or present spouse of the employee and
the "immediate family" of the employee's spouse, or other permanent member of the
"immediate household" living together as family.
F. Authorization of Sick Leave
1. An employee requesting authorizarion of sick leave shall inform an on-duty supervisor or the
desk officer at least one-half hour prior to the regularly scheduled reporting time; the specific
reason, and where (phone number and address) the employee will be while on sick leave. This
address and phone number will be updated whenever the address or phone number changes
during the period of sick leave.
2. Failure to do so may be the cause for denial of sick leave and other disciplinary acrion.
Page 25
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 leave up to 1560 hours, provided:
1. That the rate of payment shall be based on the regular hourly rate (excluding shift differential or
any other addition to base pay) of the employee on the last day worked prior to separation.
The 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 one-half
(1 /2) the payment for unused sick leave be made at separation and one-half (1 /2) the payment
be made in the first payroll period in the next calendar year.
2. The employee if sworn has had at least twenty (20) years of continuous service with the City; or
if not sworn retires on City Pension, is involuntarily separated (including disability or layof�, or
retires under Federal Social Security with a minimum of five years service. Leaves of absence
without pay, suspensions, and layoffs followed by subsequent re-employrnent shall not be
considered as breaks in service. The length of such time off or layoff shall be deducted from
the total length of service. Military leaves and leaves during which the employees are receiving
Workers' Compensation shall not be deducted from continuous service.
3. 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 payment if an employee dies.
5. An employee who has been dismissed for cause shall have no claim for sick leave payment.
H. Injury From Other Employment
An employee may not utilize accumulated sick leave for absences resulting from an injury
arising out of and in the course of employment other than City employment for which monetary or
other valuable consideration is received or expected. Any employee who utilizes accumulated sick
leave or who attempts to utilize accumulated sick leave for absences resulting from an injury arising out
of and in the course of employment other than City employment may be suspended or terminated.
I. Use of Leave After Accrual
Employees may be authorized to use sick leave after it is accrued. The employee may be
required to submit acceptable evidence such as a medical certificate from a medical doctor to
substantiate the reason for requesting sick leave.
Page 26
J. Bonus Leave Days
Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less than
two days of sick leave, the employee will be 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 Ten-Hour Shifts Zero Time 2
Eight or Ten Hour Shifts More than zero time but less 1
than 2 days
More than zero time but less
Combination of Eight and than 2 days combined as: 1
Ten Hour Shifts • 2 Eight-hour days
• 2 Ten-hour days
• 1 Ten-hour day and
1 Eight-hour day
1. Bonus Leave Days must be used in full day increments.
2. Bonus Leave Days are not included in overtime calcularions.
3. At the end of each payroll calendar year, employees may elect to be paid the cash equivalent
based upon the employee's current base rate of pay for any Bonus Leave Days not used during
the payroll calendar year.
4. Upon an employee's separation from the City, the employee will receive a lump sum payment
for his/her remaining Bonus Leave Day balance.
Section 4. Leave Pool
A joint leave pool will be established by members of the Fraternal Order of Police Lodge No.
10 and Fraternal Order of Police Supervisors' bargaining units, such leave pool to be available for use
by members of both bargaining units, subject to the following provisions:
A. The purpose of the leave pool is to provide leave to bargaining unit members who face significant
time off without pay due to a serious illness or injury, whether job-connected or non-job-
connected, or serious illness or injury to a family member covered under the sick leave policy. The
leave pool may not be used for short time periods where an employee may be without pay. Short
time shall be defined as less than tlurty (30) calendar days.
Page 27
B. A comnuttee shall be formed and the coinmittee shall determine use of the leave pool days, subject
to the above purpose and limitations.
1. The cominittee shall consist of two (2) members designated by each bargaining unit, and one
member designated by the other four members.
2. The coininittee shall review employee needs and circumstances consistent with the provisions
of the leave pool and shall determine eligibility for and the amount of pool leave time that may
be provided to employees. The committee may establish procedures, forms, and other rules
necessary for its effective operation, provided they are consistent with the provisions of this
section.
3. The committee's decisions are final and are not grievable. An employee may ask for
reconsiderarion by the committee in accordance with rules established by the committee.
C. Bargaining unit members may donate days at 100% value from their vacation, sick leave or floating
holiday balances to the leave pool one time per year.
1. No employee shall be pernzitted to donate more than four (4) days of leave per year to the pool.
In the event that the number of days in the leave pool becomes less than fifty leave days, the
committee may open up the opportunity for additional donarions to be made during the
calendar year. The 4-day donation limit shall not be modified.
2. All donations of pool leave time must be in full-day increments based on the employee's full-
time, regularly scheduled day (i.e., an eight-hour or ten-hour day is a full day).
3. Donations of pool leave 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.
D. In order to be eligible to receive leave time from the joint leave pool, employees must have donated
a minimum 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 exempted from the
requirement to donate a minimum 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-hout or ten-hour shift. An
employee using leave pool time shall receive regular base pay and his/her regular shift pay; however
other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment
pay, etc.). 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.
Page 28
F. Pool leave time not used in a given year by the employee receiving the donated pool leave time
shall be returned to the leave pool and carried over to the next year. No donated pool leave time
will be refunded to the donor.
Section 5. Funeral Leave
Each employee shall be allowed up to forry (40) hours funeral leave with no loss of pay and no
charge against sick leave time in the event of death in the "unmediate family." Death in the
"unmediate" family shall be defined 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 may be granted with the approval
of the Police Chief.
Each employee shall be allowed up to two (2) consecutive work days at any one time for a
death of a member 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 irrunediate household. Additional time, chargeable to sick leave, may be granted
with the approval of the Police Chief.
An employee must attend the funeral in order to receive pay for a death in the family.
Section 6. Military Leave
Any regular or probarionary employee in the classified service being inducted or otherwise
entering the armed forces of the United States in time of war, or pursuant to the Selecrive Service Act
of 1948 as amended, or of any other law of the United States, shall be granted military leave of absence
without pay for the period of the military service required of him/her, and on complerion thereof be
reinstated in the City service in accordance with the following regularions:
A. Military leaves shall be granted in accordance with the provisions herein except where said
provisions may be superseded by Federal Law:
1. For inductees, the minimum period of time required to be served.
2. For enlistees in time of war, the period of the first minimum enlistment, or for such addirional
period of time required to be served.
3. For reservists, the minunum period of time required to be served.
Page 29
B. For the purposes of this Section, "armed forces" shall be defined to include:
1. The Army, Navy, Marine Corps, Air Force and Coast Guard.
2. The auxiliary services direcdy necessary to and actually associated with the armed forces of the
United States, as may be determined by the City.
C. Application for reinstatement must be made within 90 calendar days from date of discharge or
release, or from hospitalization continuing after discharge for a period of not more than one year.
Such application shall be in writing to the Human Resources Director and shall be accompanied by
evidence of honorable discharge or release.
D. Upon return from military leave, the employee shall be reinstated in the City service in accordance
with the following regulations:
1. If still qualified to perform duties of his/her former position, the employee shall be restored to
position or to a position of like seniority, status and pay; or
2. If not qualified to perform the duties of his/her former position by reason of disability
sustained during such service but qualified to perform the duries of any other posirion in the
employ of the City, the employee shall be restored to such other position, the duries of which
the employee is qualified to perform, as will provide the employee with like seniority, status and
pay, or the nearest approxirriation thereof consistent with the circumstances in his/her case.
3. In the event no vacancy exists in the appropriate class and there is an employee in such class
serving a probarionary period who has not acquired regular status, then such probarionary
employee shall be laid off and the returning employee reinstated.
4. If a returning employee has regular status and cannot be reinstated under the provisions of
paragraph (3) above, then the employee having been employed in the appropriate class for the
shortest period of time shall be laid off and the returning employee reinstated.
5. A returning employee shall have the same status as prior to the beginning of his/her military
leave. The employee shall be allowed to take any subsequendy administered examiriation for
promotion after return that he/she would have been eligible to take had he/she not been on
military leave, and shall be required to complete any uncompleted period of probation. No
grievance shall be filed or processed by any other employee or the Union in connection with
this paragraph.
Page 30
6. The employee shall submit to such medical and/or physical examinations as the City Manager
shall deem necessary to deterniine whether or not such military service has in any way
incapacitated him/her for the work in question; provided however, that as far as practicable any
employee returiung with disabiliries shall be placed in such employment as the City Manager
shall deem suitable under the circumstances.
7. Any regular or probationary employee receiving a dishonorable discharge from the armed
forces shall not be reinstated to any posirion in the Ciry service.
E. An employee granted a military leave of absence shall, insofar as possible, have all the rights and
privileges he/she would have had if he/she had remained on duty including cumulative seniority,
and except as otherwise provided in 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 reinstatement, consistent with the best interests of the
City service and taking into considerarion necessary adjustments 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
directing the employee's duties upon returning to work, to assign the employee to such training as
is necessary in its judgment to ensure the employee's fainiliarity with job duties and knowledge.
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 work days.
H. For required active or inactive training duty as a member of a Reserve Component or the National
Guard falling on the employee's regularly scheduled work days, the employee shall be allowed up to
a maxirrium of 240 hours per calendar year without loss of seniority rights or efficiency rating.
Absences from duty for required military reserve training in excess of 240 hours per calendar year
or for any non-required military reserve training for which the employee inirially volunteered shall
not be compensated for by the City. A copy of the employee's military orders certifying his/her
training assignment shall be submitted by the employee to the Police Chief immediately upon
receipt by the employee.
An employee who is required to attend military duty training which falls or occurs during regular
working hours and which exceeds the 240 hours provided above will be granted time off without
pay. The employee shall be required to provide timely notice of such training assignments to the
City. Failure to provide timely notice of an employee's military orders to the Police Chief shall be
considered just cause for disciplinary action not to exceed a three (3) day suspension.
Page 31
Section 7. Time Off
A. An employee shall be granted necessary time off from his/her duries with pay for any of the
following reasons:
1. For participarion in Police promotional examinarions held by the City or other examinations
required by the City when such time off does not, in the judgment of the Police Chief, interfere
with or impair the operations of the Deparmient.
2. For serving on a jury. The employee may be required to furnish proof of such service and shall
work any part of his/her regular schedule when not required to serve on said jury.
3. When directed by the City Manager or Police Chief to attend professional or other
conventions, institutes, courses, or meetings. Employees who wish to voluntarily attend career
development training may be granted time off from duty with pay to attend such training,
however compensation for such training shall be limited to the actual time spent in training up
to the number of hours in the employee's standard workweek. Employees shall be
compensated in accordance with provisions of the Fair Labor Standards Act for time spent in
training beyond the number of hours in the employee's standard workweek when such time has
been duly authorized in advance by the Deparnnent.
4. When clirected by the City Manager or Police Chief to attend in-service training or other in-
service meetings, including authorized safety meetings.
B. An employee may be granted time off without compensarion for attendance at meetings other than
those specified above or to attend to urgent personal business, provided that such employee shall
request approval from the Police Chief in sufficient time to permit the Police Chief to make
arrangements therefor, and further provided that such time off will not affect the efficient
operation of the department in the sole and unlimited discretion of the Police Chief or his/her
designee.
C. With the prior approval of the Police Chief or his/her designee, and when the employee is acring in
an official capacity on behalf of the City, an employee may be granted time off from his/her duties
for acting as an active or honorary pallbearer at a funeral or for attendance at state funerals,
funerals of City officials, of employees or their wives or husbands, or military or fraternal funerals.
Such time off may be granted with or without compensation at the sole and unlimited discrerion of
the Police Chief and the City Manager or their designees. For the above occasions only, the
Department shall provide all expenses for up to two designated Honor Guard members, as well as
transportation and fuel costs for any other Honor Guard members permitted to be released from
duty in accordance with Deparnnent staffing requirements.
Page 32
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 candidacy for 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/herself for promotion in the classified
service.
4. Extraordinary reasons, sufficient in the opinion of the City Manager to warrant such leave of
absence.
5. Maternity/child care leave in accordance with the City's Family and Medical Leave 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 utilize vacation, holiday, and comp
time to continue pay status in accordance with current federal or state guidelines on family
medical leave.
B. Leave for any of the above reasons shall be subject to the following regulations:
1. Such leave shall not be granted for more than s� (6) months but may under the provisions of
paragraphs above be renewed upon written application therefor by the employee and approved
by the Ciry Manager.
2. An employee granted a leave of absence hereunder shall except as hereinafter provided be
restored to his/her former position on the expiration of 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 deterinined 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 placed at the head of the
re-employment list for the class or position nearest appro�mating that in which he/she was
employed immediately prior to such leave, provided he/she is physically and mentally qualified
for such position. Should the names of two or more employees returning from leave be placed
on the same re-employment list, the names shall be arranged in order of City senioriry.
Time off with compensation taken under any of the provisions of this Agreement (including
vacation and sick leave) shall not be required to be made up.
Page 33
ARTICLE 9
WAGES AND COMPENSATION
Section 1. Wages
A. The Pay Schedules shall be in accordance with Append� A.
Pay schedule increases are not automatic but are management review rates and may be granted only
upon receiving a rating of sarisfactory or better on the annual performance review. Eligibility for
review for within pay schedule increases shall be as follows:
Police Officers
Step 1 — Original 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 in step 2.
Step 4— At the end of one year of satisfactory service in step 3.
Step 5— At the end of one year of satisfactory service in step 4.
Step 6— At the end of one year of satisfactory service in step 5.
Step 7— At the end of one year of satisfactory service in step 6.
Step 8— At the end of one year of satisfactory service in step 7.
Step 9— At the end of one year of satisfactory service in 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 in step 1.
Step 3— At the end of one year of satisfactory service in step 2.
Step 4— At the end of one year of satisfactory service in step 3.
Step 5— At the end of one year of satisfactory service in step 4.
Step 6— At the end of one year of satisfactory service in step 5.
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 appro�mately a 5% increase over the preceding step for
each step advancement from Step 1 through Step 6 and approxirnately a 2'/z% increase for each
step advancement from Step 7 through Step 12.
Page 34
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 than satisfactory, no merit step advancement shall be
granted and the employee shall be evaluated again on his/her prior merit review date.
B. Effective for the period from October 1, 2012 through September 30, 2013, pay range
minimums and maximums shall not be adjusted and employees shall not receive a general wage
increase. Effective for the period from October 1, 2012 through September 30, 2013,
employees shall be advance in Step as provided for in Section 1 of this Article. Employee's who
are allocated to Step 12 and Police Officers who are fu�ed in Step in accordance with the
provisions of Paragraph C. of this Section below, and who are rated Meets Standards on their
annual performance evaluation during the period from October 1, 2012 through September 30,
2013 shall receive a lump sum bonus equivalent to two-and-one-half percent (2.5%) times their
annual base rate of pay to be effective as of the date of the annual performance evaluation.
Effective for the beginning of the payroll period that includes October 1, 2013, pay ranges for
all classifications shall be adjusted by 2.5% and the City shall provide a 2.5% general wage
increase for all employees. Effective for the period from October 1, 2013 through September
30, 2014, employees shall not be advanced in Step as provided for in Section 1 of this Article.
The time period from October 1, 2013 through September 30, 2014 shall not be counted toward
any future Step advancement.
Effective for the period from October 1, 2014 through September 30, 2015, pay range
minimums and ma�mums shall not be adjusted and employees shall not receive a general wage
increase. Effective for the period from October 1, 2014 through September 30, 2015,
employees shall be advanced in Step as provided for in Section 1 of this Article. Employee's
who are allocated to Step 12 and Police Officers who are fixed in Step in accordance with the
provisions of Paragraph C. of this Section below, and who are rated Meets Standards on their
annual performance evaluation during the period from October 1, 2014 through September 30,
2015, shall receive a lump sum bonus equivalent to two-and-one-half percent (2.5%) times their
annual base rate of pay to be effective as of the date of the annual performance evaluation.
Tune counted toward step advancement shall commence from the date of the respective
employee's last Step advancement, shall exclude the period from October 1, 2013 through
September 30, 2014, and shall resume October 1, 2014.
Any further step advancements after September 30, 2015 will be dependant upon and subject to
negotiations in any successor Agreement.
Page 35
The City agrees that for the period from October 1, 2012 through September 30, 2015, the City
shall not contract with another entity to supplant or displace any budgeted positions currendy
represented by the Fraternal Order of Police Clearwater Officer's bargaining unit. This
agreement does not preclude the City from pursuing cost savings or operational consolidations,
including the reduction of budgeted positions, that do not result in the supplanting or displacing
of any bargaining unit member by an outside source.
C. Lateral Entry for New Hire Police Officers:
Newly hired Police Officers shall 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
agency deemed creditable by the Depart�nent. Such Officers shall be advanced upon hire one step
in the established pay range for each two years of verifiable experience at a prior agency up to a
maxirrium lateral entry of step three. Such Officers shall remain fiYed at the lateral entry step until
such time has passed as is prescribed 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 example, an
Officer with s� years of creditable, verifiable experience at a prior agency 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 negoriated general wage
increases while �ed in step.
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 work schedule altered in an
arbitrary or capricious manner.
B. If a regularly scheduled work day is to be canceled, the employee must be notified by the end of
his/her tour of duty immediately preceding the scheduled work day to be canceled. No regularly
scheduled work day will be canceled for the sole purpose of avoiding overtime pay.
C. Employees shall be paid for all hours actually worked. The City shall pay overtime at the rate of
time-and-one-half for all hours actually worked in excess of 40 houts in any one work week.
Hours for which an employee is paid as a result of holidays, sick time, vacation and similar periods
of nonproductive time shall not be considered as time worked for the purpose of computing
overtime pay, except as otherwise provided in this Agreement.
D. The work week shall be from Saturday 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. When 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 deemed necessary.
Page 36
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 ma��irrium cumulative accrual of 120 hours of compensatory time.
At no time may an employee's total accrual 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 time shall be made to the appropriate Police Captain or other
managerial employee. Compensatory hours off shall be considered as hours worked in computing
overtime under this Article. Payment for compensatory 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 compensatory time at separation from City service.
Section 4. Shift Differential
A bargaining unit member shall be entided to shift differential pay as set forth in this Secuon.
A. For purposes of computing shift differenrial pay the following shift series and payments are
established:
Shift Series No.
100
200
300
Hours
2400-0700
0700-1600
1600-2400
Pa�ment Per 14-Da� Period
7%
0%
5%
The payments shall be computed as a percentage of the employee's base pay, including his/her
merit and longevity step.
B. An officer's shift differential shall be detennined 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 starring or ending time of the officer's shift. Temporary shift or duty assignments of
less than twenty eight (28) calendar days shall not entide an officer to shift differential pay.
Employees in the bargaiiung unit assigned for initial or remedial 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 receive a flat fee of:
$15.00 per night, Monday through Friday
$30.00 for Saturday
$30.00 for Sunday
Only the Police Chief or his/her designee may place an employee on standby. This Section will
also apply to all Telephone Alert situations.
Page 37
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 compensation day, or more than three (3) hours prior to the start of his/her regularly
scheduled tour of duty, shall be guaranteed a minimum of two (2) hours 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 needed work after the employee's regular shift ends and the employee has already
left the job or on a weekend, holiday, or other equivalent period during which the employee would not
othenvise have worked and shall include any duty, detail, or response to a lawful order for which the
employee can be disciplined for his/her failure to comply. This specifically excludes court
appearances. Police Officers will be paid for the actual time worked for any self-initiated police acrion
taken while off duty and all such hours shall count as hours worked toward the calcularion of overtime.
Any employee recalled while on vacation shall be paid at time and one-half for all hours worked in lieu
of the rescinded vacation time. An employee's vacation balance will not be charged for any time
actually worked.
Section 7. Acting Pay
If a Police Officer or Police Service Techrucian serves in a higher capacity on an acting basis for
more than two (2) consecutive complete payroll calendar work weeks (Saturday through Friday), said
employee shall receive acting pay retroactive to the date the assignment began. When a Corporal
serves in an acting capacity as a Sergeant for more than two consecutive complete payroll calendar
work weeks as specified above, Corporal Job Assignment Pay shall cease and Acting Pay shall begin.
Acting pay is five percent (5%) above the employee's base salary.
Section 8. Job Assignment Pay
A. Police Officers who are assigned to the Office of the Chief, Criminal Investigarions Division,
Support Services Division, Corporal, or the Field Training and Evaluarion Program shall be
provided 5% above the employee's current base rate of pay.
B. Police Officers who are assigned as Crime Scene Photographer, Mobile Command Center
operator, Sex 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, 2012 through September 30, 2015 —$25 per payroll period.
Police Officers who are assigned to Community Policing Squads, SWAT Team, 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, 2012 through September 30, 2015 —$40 per payroll period.
Police Service Technicians who are assigned outside of the Telephone Reporting Unit for more
than ten consecutive work days shall be provided with the following amounts in addition to the
employee's cutrent base rate of pay:
October l, 2012 through September 30, 2015 -$50 per payroll period
Page 38
C. An employee may participate in more than one Job Assignment but may not receive more than one
Job Assigrunent Pay differential from group (A) above nor more than one Job Assignment Pay
differential from group (B) above, but may receive one Job Assigrunent Pay differential from group
(A) above in addition to one Job Assignment Pay differential from group (B) above. In such case,
the employee shall receive the amount of the greater assigntnent pay differential for each category
concerned.
Bargaiiung unit members designated as certified Bi-Lingual in accordance with department
specifications shall be provided $50.00 per payroll period in addition to the employee's current base
rate of pay over and above the assigninent 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 detennined to be qualified for such based on criteria developed by the
Department. The number and duration of such assignments may vary and shall be at the
discretion of the Deparnnent.
Section 9. Canine Officers
A. Employees covered by this Agreement who are assigned 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 handling of their canine(s). This time shall be the
customary and average amount of time spent by a canine officer on a duty day. On the officers'
days off from regular duty, they shall be credited with 30 minutes of work time for time in the care
and handling of their canine(s). Such time shall be based on their regular rate of pay and shall be
paid at straight time or an overtime rate depending upon total hours worked during the week. It is
recogruzed that on off-duty days the officer s responsibilities for care and maintenance are reduced.
B. Advance approval shall be required from the appropriate Police Captain or higher level manager
before a canine officer can work any additional overtime in care and maintenance activities.
C. No work time is to be used by an officer to prepare or train for participation in canine
demonstrations or competitions, except as scheduled by the Depart�nent in accordance with
standard operating procedures established by the Department and approved by the Police Chief.
In the sole discretion of the Police Chief, canine officers may be scheduled to attend
demonstrations or competitions. Time involved in demonstrations or competitions shall be limited
to the officer's regular weekly duty hours (40 hours) unless previously approved in writing by the
Police Chief or his/her designee. Due to the scheduling of demonstrations or competitions, hours
and/or days of work are subject to adjustment to meet the circumstances at hand.
D. Assignment and the removal of assignment as a canine officer is the sole prerogative of the Police
Chief or his/her designee, and assigned pay shall only be provided during the period of such
assignment as authorized by the Police Chief or his/her designee.
E. All Deparnnent Standard Operating Procedures relating to canine use, care, maintenance, and
other aspects of the program as established by the Police Chief shall apply.
Page 39
F. Effective October 1, 2012 through September 30, 2015, an allowance of $125.00 per month shall
be provided to each canine officer for supplemental food, medical grooming, pest control, and
related needs associated with care of the canine.
Section 10. Court Attendance and Standby Time
Any employee who is subpoenaed or otherwise required to appear in county or circuit court as
the result of a matter arising out of the course of his/her employment shall receive payment for the
greater of a minimum of three hours or actual time worked if such attendance is during the employee's
regularly scheduled time-off. This provision shall also apply when the employee is subpoenaed or
othenvise required to appear at the State Attorney's Office, Public Defender's Office, private attorney's
office, or Driver License hearing in a cruninal, 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
Attorney's Office at the Police Department during his/her regularly scheduled time-off, he/she will
receive payment for the greater of a minimum of two hours or actual time worked.
All time paid for any court attendance will count as time worked toward the calculation of
overtime. Travel time outside of required scheduled work hours in response to subpoenas in Pinellas,
Pasco, or Hillsborough counties is not compensable. Travel time outside of required schedule work
hours in response to subpoenas outside of Pinellas, Pasco, or Hillsborough counties will be paid in
accordance with FLSA regulations.
In all instances of court 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 time 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 inquire of the department designee between 1600 hours of the day preceding and 0700
hours of the date of the scheduled court appearance so as to ascertain the status of the case and receive
instrucrions.
An employee will go on standby status as of the date and time required by the subpoena if
he/she is subpoenaed to appear in county or circuit 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 attorney
requesting his/her presence. An employee on standby under the provisions of this Section will receive
straight time pay for each hour spent on standby with a minimum 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 duty. Standby pay stops at the time the employee reports for dury.
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 norified 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 rrunimum or actual time in excess of three (3) hours. Court time starts at
the employee's scheduled appearance time (with the exception of being late).
Standby time shall be excluded from hours worked computations.
Page 40
Section 11. Line-of-Duty Injury Pay
The City hereby agrees to pay the following compensation to any employee injured in the line
of duty in accordance with the following definirions, terms and conditions:
(a) Line-of-Duty Compensation shall be payable under this Section only with respect to
disability as the result of injury to an employee where such injury is incurred in the line of
duty.
(b) An injury shall be deemed to have been incurred in the line of duty if and only if such injury
is compensable under the Florida Workers' Compensation Law.
(c) The amount of line-of-duty compensation paid shall be the amount required to supplement
funds received from the Florida Workers' Compensation Law and any other disability or
other income plan provided by the City, either by law or by agreement, to the point where
the sum of the line-of-duty compensation supplement herein provided and all other
payments herein described equal the employee's regular rate of pay at the time of the injury.
Regular rate of pay for workers' compensarion 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 allowed for the first seven (7)
calendar days of disability provided however, that if the injury results in disability of more
than twenty-one (21) calendar days, line-of-duty compensation shall be paid from the
commencement of the disability. (Changes in workers' compensarion law will modify this
paragraph accordingly.)
(e) The term disability as used in this Section means incapacity because of the line-of-duty
injury to earn in the same or any other employment the wages which the employee was
receiving at the time of the injury.
(� It is the intent of this Section to provide supplemental compensation for line of duty
injuries only, and this Section shall not be construed to provide compensation in the event
of death or injury incurred in any manner other than in the line of duty. Coverage under
this Section shall not result in the loss of step increases which the officer would have
received had he/she been on active status. Any time taken off for follow-up doctor visits
or therapy due to a line-of-duty injury when coordinated through established Risk
Management procedures shall not be charged to the employee's sick leave. In the event of
any dispute or disagreement concerning the interpretation of this Secrion, then the decisions
concerning definition of the terms of this Section issued under the Florida Workers'
Compensation Law shall control.
Page 41
(� The Ciry will provide line-of-dury 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 accrued paid leave when an
employee with less than three (3) years of service is injured on the job to the extent that
such employee misses scheduled work time. Such line-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) calendar days during the third year of employment.
(h) Line-of-duty injury pay will be provided from the first day of injury for those defined in (�
above; however the amount paid shall be only that amount required to supplement funds
received by the employee from the Florida Workers' Compensation Law and any other
disability or other income plans provided by the City, to the point where the sum of all
payments is equal to the employee's regular base pay rate at the time of injury.
At such time as the employee receives his/her initial workers' compensation payment, the
City shall appro�vmate the differential needed to equal the employee's base pay and shall
provide such line-of-duty injury pay to equal the employee's regular base pay rate at the time
of injury. Any adjustment to the City's line-of-duty injury pay under this policy will be made
following the employee's return to work or at the expiration of the period for which line-of-
dury 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 (� above, employees shall be required to utilized accrued paid
leave time to supplement funds received from the Florida Workers Compensation Law in
order to maintain a paid status. Employees shall be permitted to utilize accrued paid leave
time only 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 at the time of the
injury.
(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 compensarion under this
Section.
(k) Failure to report a line-of-duty injury to the employee's iminediate supervisor or to the Risk
Management Division within twenty-four (24} hours of the time of occurrence of the injury
shall result in a loss of all line-of-duty pay under this Article unless such failure to report
was: (1) caused solely by and as a direct result of the employee's 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 employee's responsibility to prove the injury occurred
while on duty.
Page 42
(1) Any provision of this contract to the contrary notwithstanding, should any provision of this
contract be inconsistent with the terms of the Florida Workers' Compensation Law
(Chapter 440, Fla. Statutes), the Florida Rules of Workers' Compensation Procedure (Fla. R.
Work Comp. P), Florida Department of Labor and Division of Workers' Compensation
Rule 38 or any other state or federal law or regulation now in force or hereinafter enacted,
then such provision of this contract shall be null and void and of no legal force or effect.
Section 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 Officers who work outside the Patrol division and who are not provided the standard issue
of uniforms or other clothing by the departrnent shall receive a clothing allowance of $900 each
year for Fiscal Years 2012/2013; 2013/2014, and 2014/2015.
The clothing allowance shall be paid quarterly to the applicable bargaining unit members who
are actually assigned and working on the quarterly dates specified in the Department's General Orders.
C. The City shall provide each sworn officer with a bulletproof vest, provided that the officer so
requests; provided, however, that it shall be just cause for disciplinary action if an officer provided a
vest does not wear it while on duty.
D. Persons transferred to plain-clothes duty shall be permitted to retain at least one uniform.
Section 13. Tuition Refund Program
Members of the bargaining unit shall be entided to reimbursement for tuition fees for approved
courses in accordance with the City's Tuition Refund Program up to an amount of $1,500 annually for
the period from October 1, 2012 through September 30, 2015.
ARTICLE 10
INSURANCE
The City agrees to meet with the Union and other City of Clearwater union representatives to
review the health and life insurance programs for the purpose of reducing the cost of such programs
for the City and the employees.
The City further agrees to provide the Union with such information as would be required to
formulate such a benefit package and to cooperate with the Union to obtain pertinent informarion
from the present carrier and the insurance consultant. Any informarion received by either party from
the consultant or another carrier will be shared with the other party.
Page 43
The City agrees that for the calendar year occurruig within the first year of the agreement, the
City shall contribute toward the medical insurance premiums for employees and their dependents in
the amount approved for the plans approved by the City Corrunission. The City agrees to maintain the
current Benefits Committee recommendation process cuhninating in final action by the City
Commission to determine medical insurance premiums for employees and their dependents for the
durarion 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 Ciry shall
pay 100% 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 than that which is currently provided. Additional
coverage for the family or spouse, as well as any enhancements or "buy ups" to the base plan will
continue to be paid for by the employee.
The City agrees to contitnue to pay the premiums for group life insurance valued at a minimum
of $2,500 per employee. Effective April 1 st, 2007, the City shall no longer permit any new enrollment
in the 1% Life Insurance Program. Bargaiiung unit employees who are enrolled as of April 1St, 2007
may continue to participate provided they maintain their participation on a conrinuous basis thereafter.
Any employees who currendy participate and choose to discontinue 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, suspended, or dismissed without just cause. New hire
employees in the initial probarionary period have no right of appeal of disciplinary acrion under this
Agreement. All discipline will be for just cause and consistent with due process. Employees have a
right to Union representation at any time a meeting 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 non-disciplinary "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 Norice. The
Employee Notice will be retained in the employee's Departinent file. At the end of two (2) years, if
there is no reoccurrence, 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 management, and disciplinary procedures shall be
outlined in the Police Department SOP's and General Orders. The City and Union agree that any
system of discipline or performance management should be continually reviewed for its effectiveness
and may be modified from time to time to better meet the needs of the City and its employees. Any
changes will be consistent with sound personnel practice. The Union will have the opportunity to
provide input when changes are being considered by the City. The Union's refusal to participate in
meetings or to provide input does not alter the Ciry's right to change the process.
The Police Department and the Union will continue the practice of Labor/Management
meetings to resolve these types of issues.
Page 44
Section 4. The City will continue its current practice of allowing the affected employee to
give a brief oral statement to an accident review board.
ARTICLE 12
DRUG AND ALCOHOL POLICY
Section 1. Voluntary use of controlled substances which cause into�ucation or impairment
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 cause
drug testing policy before testing is administered. Bargaining unit employees will be provided with
information concerning the impact of the use of drugs on job performance. Police Captains and other
management personnel will be trained to recognize the symptoms of drug abuse, impairment and
into�cation. 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 Program Policy delineates drug and alcohol test procedures.
Revisions governing testing standards and job classification specifications shall be made as
revisions to laws or regulations of state or federal government or agencies deem pernussible.
Union representarives will be furnished with copies of the policies upon such revision. Whenever
the City or the Union 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 amendments or changes to
the other party at least 30 calendar days 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 terms of this agreement.
B. References to CDL and "safety-sensitive" employees and positions shall not apply to F.O.P.
bargaining unit members unless required by law. As such, F.O.P. bargaining unit members shall
not be subject to the following provisions of the City Drug and Alcohol Program Policy unless
required by law or agreed to by the parties:
Section II, B.
Section II, C.
Section II, E. 2.
Section II, E. 4.
Page 45
Section 4. Drug Testing Upon Designated Assignments
A. Bargaiiung unit members shall, when assigned to the Vice & Intelligence Unit, have a drug test
administered. Additionally, such bargaining unit members shall have an annual cirug screening as
part of their annual physical. When an employee tests posirive on the screening test, the sample
shall be submitted for a confirmation test.
1. The drug screening will be performed utilizing urine samples unless the employee, at his/her
option, requests a blood test in lieu of a urine test.
2. Urine and blood samples shall be drawn or collected at a city-designated facility.
3. All testing shall be done by a laboratory certified by NIDA.
4. The standards listed in the City's Anri-Drug and Alcohol policies shall be used to determine
what levels of detected substances shall be considered as positive.
B. Assignment to Vice & Intelligence or removal from same shall be at the sole discretion of the
Police Chief, regardless of the drug screening/confirination findings.
C. In the event that a Vice & Intelligence officer is required as a course of his/her employment to
imbibe in alcoholic beverages or ingest secondhand marijuana, hashish, crack, cocaine smoke, or
smoke from any other controlled substance within 48 hours of a scheduled ckug screening test, the
test shall be postponed for one week. The officer shall be responsible for advising his/her
supervisor of the occurrence of such an incident as soon as practical.
ARTICLE 13
RETIREMENT
The City and the Union agree that prior to reriring, an employee may use his/her vacation leave
balance at 100% value and sick leave balance at 50% value to advance the employee's date of
ret�rement.
The employee will be considered a regular employee for service credit to the pension plan. The
Ciry and the employee will continue to contribute to the pension plan.
During the period of "retirement advancement" the employee will not be eligible to receive or
accrue any benefits except retirement credit. The benefits that will stop include, but are not limited to,
vacation and sick leave accrual, insurance premium payments, workers' compensarion, allowances,
reimbursements, and special payments of any kind.
Page 46
ARTICLE 14
SENIORITY, LAYOFF, AND RECALL
Section 1. Seniority shall be defined as the length of conrinuous service in full-time City
employment and will continue to accrue during all types of leave of absence with pay and other leaves
when specifically provided in this Agreement.
Employees shall not accrue seniority while in their initial probationary period. After successful
completion of the police officer's initial probationary period, seniority will revert to date of
employment on a full-time basis as a Police Officer and shall be called Police Officer bargaining unit
seniority. It is understood by the parties that for employees hired as Police Recnuts prior to October
1, 2003, time spent in the Police Recnut classification shall also count toward bargaining unit and City
seniority. After successful complerion of the Police Service Technician's uutial probarionary 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. Bargaining unit seniority
within each of the aforementioned bargaining 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. Notwithstanding the above, the Deparmzent shall have the right to
temporarily assign Police Service Technicians to work on a shift not consistent with their shift selecrion
where the employee has had specific cross-training and a need 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 classificarion have been given an opportunity to return to work
at their original seniority date and positions; provided that after one (1) year of layoff the employee
shall cease to accrue seniority, and that such re-employment rights shall cease after two (2) years from
date of the layoff.
Section 3. Officers shall be permitted to bid shift assignments by bargaining unit seniority,
but the Department reserves the right to ensure that officers assigned as corporals, officers with
specialized skills, or officers in any phase of the FTO program including senior officers transferred
from another Division requiring retraining are appropriately deployed among the shifts, and to ensure
that Police Officers who are still on probation are distributed relatively evenly among the shifts. The
Deparnnent reserves the right to designate no more than four teams as field training ("FTO") teams
which shall be distributed evenly between the East and West Districts. Bargaining unit members who
are selected for FTO assignments shall be permitted to bid among themselves by bargaining unit
seniority for such assignments. Officers on extended leave due to illness or injury shall be required to
submit documentarion from a medical doctor denoting 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 reassignment is in the best interest of
the Police Departiment.
Page 47
Section 4. An employee shall lose his/her status as an employee and his/her seniority if
he/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 work from layoff within tivrty (30) calendar days after being notified to
return by certified mail addressed to his/her last address filed with the Human Resources
Departrnent except as provided in Section 6 of this Article;
(e) has been on layoff for a period of two (2) years;
(f} is absent from work, including the failure to return from leave of absence, vacarion or
disciplinary action, for three (3) consecutive working days without notifying the
Department, except where the failure to notify and work is due to circumstances verified as
being beyond the control of the employee and which are acceptable to the City.
Section 5. If an employee who has already completed his/her uutial probationary period in
a satisfactory manner 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 baxgaining
unit, he/she shall not be deemed to have accumulated bargaiiung unit seniority while working the
position not within the bargaining urut.
Section 6. Recall from layoff will be made by certified letter to the last address in the
employee's record in the Human Resources Departrnent. The employee must, within seven (7) days of
the certified receipt date, notify in writing the Human Resources Director and the Police Chief of
his/her intenrion of returiung to work. Return to work must occur within t�urty (30) days of the
certified receipt date of the City's norice of recall, except as hereinafter 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 in the sole discretion of the City be granted if
necessary up to siYty (60) days leave of absence without pay but without loss of seniority rights to
return to employment. The employee must request such leave of absence and provide the specific
reasons therefor.
Section 7. Employees who decline recall, or who in the absence of extenuating
circumstances acceptable to the City fail to respond as directed within the time limit allowed, shall be
presumed to have resigned and their name shall be removed from the re-employment list.
Section 8. Employees who are recalled may be required to pass the City's standard physical
examination for their particular job classification before returning to work. If unable to pass said
examinarion, the employee shall not be permitted to return to work. Such employee shall be returned
to the re-employment list until able to pass the examination 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
certificarion as police officer) or to possess designated licenses (i.e., 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 denial of their return to work.
Page 48
ARTICLE 15
DURATION, MODIFICATION, AND TERMINATION
This Agreement shall be effective as of the start of the payroll period that includes October 1,
2012, and shall continue in full force and effect until the thirtieth day of September, 2015. At least one
hundred twenty (120) days prior to the tennination of this Agreement, either party hereto shall notify
the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify
the other party of intention to modify, amend or terminate, as herein above set forth, will automatically
extend the provisions and terms of this Agreement for a period of one (1) year, and each year
thereafter absent notification.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this
�3 day of ��, A.D., 2012.
I:rMM�C�19
Rosemarie Call, City Clerk
Approved as to form and
��s ��'i4' ' ��,
.� h
��,
r � ���� � ,,
;t. ; _+it I
-"�
r
Pamela K. Akin, City Attorney
WITNESSES:
CITY OF CLEARWATER, FLORIDA
�. �c��.a. �
B. Horne II, City Manager
Countersigned:
� ��� /��� i
.
Frank Hibbard, Mayor
FLORIDA STATE LODGE OF THE
FRATERNAL ORDER OF POLICE
OFFICERS B I ING UNIT
By
Officer Jo athan Walser, President
Cle a�er Officers Bargaining Unit
�
�
� �
ul J. Noes , S a Representative
Florida State Lodge, Fraternal Order of Police
Page 49
APPENDIX A
POLICE SERVICE TECHNICIAN
PAY RANGE P-44
Step October, 2012 Biweekly October, 2013 Biweekly
1 $1,177.15 $1,206.58
2 $1,236.01 $1,266.91
3 $1,297.81 $1,330.26
4 $1,362.70 $1,396.77
5 $1,430.84 $1,466.61
6 $1,502.38 $1,539.94
7 $1,539.94 $1,578.44
8 $1,578.44 $1,617.90
9 $1,617.90 $1,658.34
10 $1,658.34 $1,699.80
11 $1,699.80 $1,742.30
12 $1,742.30 $1,785.86
POLICE SERVICE TECHNICIAN SUPERVISOR
PAY RANGE P-50
Step October, 2012 Biweekly October, 2013 Biweekly
1 $1,349.74 $1,383.48
2 $1,417.23 $1,452.66
3 $1,488.09 $1,525.29
4 $1,562.49 $1,601.55
5 $1,640.62 $1,681.63
� $1,722.65 $1,765.71
� $1,765.71 $1,809.86
g $1,809.86 $1,855.10
� $1,855.10 $1,901.48
10 $1,901.48 $1,949.02
11 $1,949.02 $1,997.74
12 $1,997.74 $2,047.69
APPENDIX A
POLICE OFFICER
PAY RANGE P-56
Step October, 2012 Biweekly October, 2013 Biweekly
1 $1,710.43 $1,753.19
2 $1,795.95 $1,840.85
3 $1,885.74 $1,932.89
4 $1,980.03 $2,029.53
5 $2,079.03 $2,131.01
� $2,184.28 $2,238.89
7 $2,238.89 $2,294.86
g $2,294.86 $2,352.24
9 $2,352.24 $2,411.04
10 $2,411.04 $2,471.32
11 $2,471.32 $2,533.10
12 $2,533.10 $2,596.43