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COLLECTIVE BARGAINING AGREEMENTDocusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A COLLECTIVE BARGAINING AGREEMENT between the CITY OF CLEARWATER, FLORIDA and the COMMUNICATIONS WORKERS OF AMERICA LOCAL 3108 PERC Certification Number 2143 October 1, 2026 — September 30, 2027 October 1, 2027 — September 30, 2028 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A ARTICLE # Article 1 TABLE OF CONTENTS TITLE PAGE # Preamble 1 Recognition 1 Included & Excluded Members 1 Managerial & Confidential Employees 1 General Provisions 1 Article 2 Representatives of the Parties 2 Article 3 Rights of Parties 2 City's Management Rights 2 Union Rights 3 Emergency Conditions 4 Impact Bargaining 5 Disability Retirement Process 5 Article 4 No Strike and Other Unlawful Acts 6 Article 5 Labor/Management Cooperation 6 Article 6 Grievance Procedure 7 Definition 7 Steps 8 Arbitration 8 Miscellaneous 9 Article 7 Personnel Practices 10 Regular Work Hours 10 Appointments & Promotions 12 Probationary Periods 14 Health & Safety 15 Paycheck Issuance 16 Communications 16 Article 8 Leaves of Absence 16 Designated Holidays 16 Floating Holidays 18 Vacation 19 Sick Leave 20 Funeral Leave 24 Line -of -Duty Injury 25 Military Leave 26 Jury Duty and Court Time 26 Administrative Leave 27 Leaves of Absence Without Pay 27 Other Time Off 28 Union Time 28 Docusign Envelope ID: 1F303D5E-8OFA-82EB-8379-6D482FA4263A ARTICLE # Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Appendix A Appendix B Appendix C TITLE PAGE # Child Care and Paid Parental Leave 29 Light Duty & Return to Work 30 Vacation Buyback 30 Wages & Compensation 31 Salary 31 Overtime 32 Standby & Recall 33 Shift Differential 34 Acting Pay 34 Training Differential 34 Leadworker Assignment and Pay 34 Assignment Pay Differential 35 Uniforms & Rain Gear 35 Certification Pay 36 Replacement/Repair of Tools 36 Training and Career Development Workshops 37 Travel and Mileage 37 Commercial Driver's License 37 Parking 37 Tuition Reimbursement 37 Insurance 38 Performance and Discipline 39 Drug and Alcohol Policy 39 Retirement 40 Seniority, Layoff, and Recall 41 Seniority 41 Layoffs 41 Duration, Modification and Termination 42 Alphabetical Listing of Job Classifications 44 Pay Range Tables 50 Civil Service Appeal Procedure 52 ii Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A PREAMBLE The CITY OF CLEARWATER, FLORIDA, hereinafter referred to as the "City", and COMMUNICATIONS WORKERS OF AMERICA LOCAL 3108, hereinafter referred to as the "Union", (PERC Certification Number 2143), recognizing that the welfare and the best interest of the City of Clearwater will be served by procedures which provide for an orderly method for the City and the Union to bargain in good faith matters of common interest, do hereby agree as follows: ARTICLE 1 RECOGNITION The City recognizes the Union as the exclusive bargaining representative for wages, hours, and other terms and conditions of employment for employees of the City of Clearwater, Florida, who are members of the unit as herein defined: Included: Nonprofessional employees of the City of Clearwater (See Appendix for listing of included job classifications). Excluded: Department Heads; Division Chiefs; Managerial and Confidential Employees within the meaning of Section 447.203, Florida Statutes; all Professional Employees within the meaning of Section 447.203, Florida Statutes; and all other employees of the City of Clearwater not specifically included. Section 1. General Provisions This Agreement shall be governed and construed according to the Constitution and Laws of the State of Florida. Accordingly, if any provisions of this Agreement or any application of this Agreement to any employee covered hereby shall be found contrary to law, such provisions or applications shall have effect only to the extent permitted by law, but all other provisions of this Agreement shall continue in full force and effect. No change, rescission, alteration or modification of this Agreement, in whole or in part, shall be valid unless the same is ratified by the City and the Union and endorsed in writing. The parties acknowledge and agree that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of the parties hereto and finally determines and settles all matters of collective bargaining for and during its term except as may be specifically otherwise provided herein. Section 2. A City or Department rule, regulation, policy or procedure now in existence in conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. 1 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A Section 3. The parties agree to bargain proposed changes to the City's Civil Service System that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. ARTICLE 2 REPRESENTATIVES OF THE PARTIES The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in matters requiring the mutual consent or other official action called for by this Agreement. The Union agrees to notify the City. in writing of the name of such authorized representatives. Written notice of the replacement of authorized Union representatives shall also be provided to the City Manager, and the City shall not recognize the designated replacement representatives until 24 hours after having received such written notice. The Union agrees that during the term of this Agreement it will deal only with the City Manager or designee. ARTICLE 3 RIGHTS OF PARTIES Section 1. Employees in the bargaining unit shall have the right to form, join, and participate in, or to refrain from joining, forming, or participating in the Union. Neither the City nor the Union will discriminate against any employees in regard thereto. Section 2. The City and the Union will not discriminate against employees in the unit because of race, color, sex, age, national origin, disability, religion, marital status, or membership or non -membership in a union; provided, however, that this will not prohibit the City from establishing bona fide occupational qualifications or taking other such actions as permitted by law. If a charge of discrimination by an employee against the City, its officers, or representatives is filed with any appropriate agency having jurisdiction of such charge, said employee or the Union will not file or pursue a grievance under Article 6 of this Agreement. If a grievance is pending at the time such a charge is filed, it shall be considered withdrawn. Section 3. It is understood that the provisions of this Article embrace all rights of employees covered by all federal, state, county and city laws and regulations. Section 4. City's Management Rights The City reserves, retains, and is vested with exclusively, all rights of management which have not been expressly abridged by specific provisions of this Agreement. The exclusive rights of management include, but are not limited to, the following: A. to manage the City generally and to determine the issues of policy; B. to determine the facts which are the basis of management decisions; C. to determine the necessity or organization of any service or activity conducted by the City and to expand or diminish services; 2 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A D. to determine the nature, manner, means, and technology, and extent of services to be provided to the public; E. to determine methods of financing and budgeting; F. to determine the types of equipment and technology to be used; G. to determine or change the facilities, methods, technology, means, and size of the workforce by which the City operations are to be conducted; H. to determine or change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract or subcontract any work or operation of the City related to this Agreement; I. to assign work or schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; J. to relieve employees from duties for lack of work, lack of funds, or any other non -disciplinary reason; K. to discharge, suspend, demote, or otherwise discipline employees for just cause; L. to determine job classifications and to create, modify or discontinue jobs; M. to hire, transfer, promote, and demote employees; N. to determine policies, procedures, and standards for selection and training; 0. to establish productivity programs and employee performance standards including, but not limited to, quality and quantity standards and to require that such standards be followed; P. to maintain order and efficiency in its facilities and operations; Q. to establish, promulgate, or modify rules and regulations and standard operating procedures; R. to otherwise take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and services; Section 5. Union Rights A. The Union shall be responsible for the collection and the record keeping of all dues taken from the bargaining unit. The City shall not be responsible for the collection or record keeping of all dues taken from the bargaining unit. Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessments. B. The Union shall have access to City conference rooms and other similar building facilities, if available, for meetings of the Union in the same manner as the general public. However, the Union shall have access to available facilities, without charge, for meetings to ratify this Agreement. C. The Union shall be entitled to use four square feet of a designated bulletin board in each City building or facility where the City maintains an employee bulletin board; provided said bulletin boards shall be used for posting Union notices only and shall not be used for the purpose of soliciting membership. D. All permissible notices shall be signed by a duly recognized officer of the Union and may be delivered through the City's departmental interoffice mail system. The City agrees to accept from the Union, review for appropriateness, and forward permissible notices via e-mail to a list of work sites and designated bargaining unit members as approved in advance by the City. The City reserves the right to 3 Docusign Envelope ID: 1F303D5E-8OFA-82EB-8379-6D482FA4263A discontinue the use of e-mail for such purpose at any time if the City determines that the approved and forwarded e-mail is not used for the intended purpose. E. The Union President will be provided, only upon request and no more than twice per month, the names, and home addresses, and such other data that is readily available from the City's information database for all current employees of the City who are in the bargaining unit. The Union shall have access to such names and addresses at any time pursuant to public records law, subject to such fees as may be proper in accordance with state law. F. The Union representatives shall be allowed as defined below time off without loss of pay during their regular shift hours for investigating grievances provided that, in the judgment of the Department or City, the performance of this function by the Union representative shall in no way interrupt the normal functioning of City work assignments. The investigation of grievances by Union representatives shall not be conducted in greater than 2 -hour increments per day. The Union agrees to guard against the use of excessive time for such activities which are authorized by this Agreement. The Union representative will provide advance notice to their supervision to allow planning arrangements to enable the Union representative time off for investigative activity. When a Union representative desires to contact an employee in the unit who has a complaint, the Union representative shall first obtain permission from the employee's supervisor. If permission is denied at that particular time, the Union representative will be informed of the reason for the denial. However, the denial of permission shall not be subject to the grievance procedure. The Union representative will notify their supervisor upon the Union representative's return to work. The President of the Union, or designee, shall have the privileges accorded to a Union representative. G. There shall be an average of one Union steward for each City Department or one for each 35 employees in the bargaining unit. No division shall be assigned more than one Union representative unless the Division has more than 35 employees, then one Union steward for each 35 employees or fraction thereof may be assigned. H. The City shall permit the Union to make a presentation to all new bargaining unit members at the City new employee orientation. Subject matter of the Union presentation and any Union materials to be distributed must be approved by the City Manager or designee. Section 6. Miscellaneous A. Posting of Agreement -- The City and the Union agree that this Agreement shall be posted by the City on the City's Launchpad and Website. B. Participation in Charity Drives -- Employees are encouraged to participate in charity drives. However, no employees will be pressured by either party to this Agreement to contribute to any charity. C. Union Committees -- Certain committees of the Union may be allowed to meet during normal work hours, which is subject to approval by the City Manager's Office. Such committees and meetings shall not include preparation for bargaining. D. Use of City Copying Equipment -- Costs to be paid by the Union for the printing of Union material will be in accordance with the established City rate for copies. This material shall be non -controversial in nature and subject to advance review by the City Manager or designee. Section 7. Emergency Conditions If in the sole discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist or may exist, including, but not limited to, riots, civil disorders, hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the 4 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. Nothing in this Section 7 shall affect the City's Management Rights under Article 3, Section 4. Section 8. Impact Bargaining 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 to the extent provided by law. Section 9. Disability Retirement Process Upon receipt of a complete application for a disability pension, which includes the most recent medical conclusions known to the applicant at the time of submittal, the City shall request and obtain an independent medical evaluation ("IME"). If disabilities are claimed that involve multiple specialties, one IME per specialty shall be selected. Any costs directly or indirectly relating to IME's shall be paid by the pension plan. After receiving the completed IME report(s), the application and any other records the City deems relevant to the application, the City Attorney's Office shall either review or arrange for outside legal counsel to review, on behalf of the City, the merits of the application. The City Attorney's Office, or legal counsel hired by the City Attorney's Office for this purpose, shall recommend to the City Manager either a stipulated approval or an evidentiary hearing. The City Manager shall take the recommendation under advisement and consider any other factors he/she deems relevant to the application and determine on behalf of the City whether to enter a stipulated approval, or whether to schedule an evidentiary hearing. If the City Manager enters into a stipulated approval, an agenda item shall be brought before the Pension Trustees confirming the stipulation. The role of the Pension Trustees in said approval shall be ministerial in nature. Upon approval by the Pension Trustees, the City shall finalize and distribute the disability pension benefits to which the applicant is entitled. If the City Manager opts for an evidentiary hearing, the hearing shall be conducted by the State of Florida Division of Administrative Hearings ("DOAH"). The Pension Trustees will enter into a contract with DOAH for this purpose. It shall be the duty of the hearing officer to review the application for a disability retirement, determine whether the claim meets the criteria for awarding a disability pension benefit, and issue a recommended order. During the formal hearing, the applicant and City shall have the right to be heard, to be represented by a person of their choice, and to present evidentiary facts. Each party shall pay its own expense for its representative, counsel, and witnesses. At the formal hearing, the technical rules of evidence shall not apply. The hearing officer shall have the power to administer oaths, issue subpoenas, compel the production of books, papers and other documents and receive evidence. The hearing officer shall utilize a procedure similar to that set forth in F.S. §§ 120.569 and 120.57. The hearing officer shall have no authority to award attorney's fees to the prevailing party. All recommended orders prepared by the hearing officer shall conform with the requirements for such orders as set forth in F.S. §§ 120.569 and 120.57. The hearing officer shall then transmit the recommended order composed of findings of fact, conclusions of law, and disposition to the Pension Trustees. The Pension Trustees may adopt the recommended order as the final order. The Pension Trustees in its final order may reject or modify the conclusions of law over which it has substantive jurisdiction and 5 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A interpretation of administrative rules over which it has substantive jurisdiction. When rejecting or modifying such conclusion of law or interpretation of administrative rule, the Pension Trustees must state with particularity its reasons for rejecting or modifying such conclusion of law or interpretation of administrative rule and must make a finding that its substituted conclusion of law or interpretation of administrative rule is as or more reasonable than that which was rejected or modified. Rejection or modification of conclusions of law may not form the basis for rejection or modification of findings of fact. The Pension Trustees may not reject or modify the findings of fact unless the Pension Trustees first determines from a review of the entire record, and states with particularity in the order, that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law. The Pension Trustees may accept the recommendation in the recommended order but may not reduce or increase it without a review of the complete record and without stating with particularity its reasons therefore in the order, by citing to the record in justifying the action. Any party adversely affected shall have the right to have the administrative proceeding reviewed by filing a petition for certiorari with the circuit court of Pinellas County as provided by Rule 9.100 of the Florida Rules of Appellate Procedure. ARTICLE 4 NO STRIKE AND OTHER UNLAWFUL ACTS Section 1. The parties specifically incorporate herein the provisions of Florida Statutes 447.505, 447.507, and 447.509. Section 2. In addition to the prohibitions and penalties prescribed in the aforementioned sections of the Florida Statutes, the parties specifically agree that any individual employee engaging in such activity may be immediately terminated in accordance with said Statutes. In addition, liability shall attach to such individual employee as well as the Union if the provisions of this section are violated. Section 3. Should the Union or any of its employees breach this Article, the City may, in addition to the remedies provided in Chapter 447 of the Florida Statutes, be entitled to obtain a temporary inj unction at an ex parte hearing. ARTICLE 5 LABOR/MANAGEMENT COOPERATION The Union recognizes and supports the concept of a Labor -Management Committee to address bargaining unit employee concerns that are not specifically provided for by contract provisions and to improve labor-management communications. Such a committee shall be established, composed of Union and City representatives. Rules and operating procedures of the Committee shall be established and may be changed by mutual agreement of the City and the Union. The Labor -Management Committee shall not be intended to bypass the grievance procedure. The Committee shall have advisory powers only and may propose standard policies and procedures for bargaining unit employees. However, decision making responsibility shall remain with the City Manager and authorized Union representatives as set forth in Article 2. Such recommendations must be adopted by 6 Docusign Envelope ID: 1F303D5E-8OFA-82EB-8379-6D482FA4263A the City Manager. If such recommendations conflict with this Agreement, the recommendations shall not be applied to bargaining unit employees. The City agrees that meetings, mutually agreed upon between the Union and the City will be held to discuss problems and objectives of mutual concern. These meetings do not preclude any additional or needed meetings between any management and Union representative. Meetings will be held at mutually agreeable times during regular City business hours. Union committee members will be released from duty without loss of pay for these meetings, provided the needs of the Union committee member's department is met and the normal functioning of City work assignments is not interrupted. 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 or an employee and the City. All employees and management personnel should make every possible 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. Grievances may be filed by the City or by an aggrieved employee through the Union. Entrance probationary employees shall not have access to the grievance procedure during the probationary period. Grievances initiated by the City shall always begin at Step 3. A class-action grievance may be filed by the Union if an action or dispute directly affects more than one bargaining unit employee. A class-action grievance will begin at Step 3. Section 2. No employee or group of employees may refuse to follow directives pending the outcome of a grievance. Employees in the bargaining unit will follow all directives, even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the Union or an employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. Section 3. It is recognized and accepted by the Union and the City that the processing of grievances is of utmost importance, and therefore grievances may be processed during employees' normal working hours without loss of wages, provided the needs of the employee's department is met and the normal functioning of City work assignments is not interrupted, as determined by the Department Director, City Manager, or designee. A grievant may be accompanied by a Union representative at any time during the grievance procedure. The City will attempt to accommodate all parties in the processing of grievances. Section 4. Any employee presenting a grievance shall be referred to a Union representative after which the Union will advise whether the grievance is meritorious for processing and shall be formally processed in accordance with this Article 6. When the City is informed by the Union that it is representing an employee in the grievance process, the City shall not deal directly with the employee throughout the process except at the employee's specific written request. The Union shall be afforded the opportunity to be present at the resolution or determination of any grievance involving a bargaining unit member. A bargaining unit employee shall have the option of utilizing the grievance procedure in this Article or the civil service appeal procedure in Appendix C. Such employee is precluded from availing himself or herself to more than one of these procedures. 7 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A Step 1 Within 15 calendar days after such alleged violation is known by the grievant, the Union and/or aggrieved employee will present the grievance in writing on the appropriate form to the employee's division head and a copy to the City Manager or designee. The written grievance at Step 1, and at all Steps thereafter, shall contain the information specified on the grievance forms. Forms will be made available to employees by both parties. Grievances submitted which do not contain the information required on the form shall be returned to the Union and/or employee for completion. The Union and/or employee shall be advised as to why the form is not complete. This shall extend the required time for submittal of the grievance to 10 calendar days from the time that the grievance is returned to the grievant. Upon acceptance of the grievance, the grievance form may not be amended from the original written grievance at the initial step of the grievance procedure except by mutual agreement of the parties. The division head will arrange for a meeting with the Union and/or grievant within 15 calendar days after receipt of the grievance or failure of the parties to resolve the grievance informally. A grievant may have a Union representative accompany him/her to the meeting with the division head to whom the employee is responsible. Discussions shall be informal for the purpose of settling differences in the simplest and most direct manner. The division head will provide the Union and/or the grievant with a written answer on the grievance within 15 calendar days from the date of said meeting. If the grievance is not resolved at Step 1, the Union and/or grievant, within 15 calendar days, may appeal the grievance to Step 2. Step 2 If the grievance is appealed to the Department Director, the Department Director or designee will arrange for a meeting with the Union and/or grievant within 15 calendar days after receipt of the grievance. A grievant may have a Union representative accompany him/her to the meeting with the Department Director or designee to whom the employee is responsible. Discussion shall be informal for the purpose of settling differences in the simplest and most direct manner. The Department Director or designee will provide the Union and/or grievant with a written answer on the grievance within 15 calendar days from the date of said meeting. If the grievance is not resolved at Step 2, the Union and/or grievant may, within 15 calendar days, appeal the grievance to Step 3. Step 3 If the grievance is appealed to the City Manager or designee, the City Manager or designee will arrange for a meeting with the Union and/or grievant within 21 calendar days of receipt of the grievance. Both the City and the Union and/or grievant shall have the right to include in its representation such individuals as they deem necessary to develop pertinent facts. Discussion shall be informal for the purpose of settling differences in the simplest and most direct manner. The City Manager or designee shall, within 21 calendar days, provide a written decision to the Union and/or grievant after the meeting has been held. If the Union and/or grievant is not satisfied with the disposition of the grievance at Step 3, the grievance may be submitted to arbitration. Step 4 — Arbitration A. Within 30 calendar days from the receipt of the decision of the City Manager or designee for a Union/employee initiated grievance, or failure to resolve a City -initiated grievance as provided in Section 5(H), the party requesting to arbitrate the grievance shall give written notice to the other of 8 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A intent to arbitrate and shall at the same time request a list of seven arbitrators from the Federal Mediation and Conciliation Service. Each party shall have the right to unilaterally reject one list of arbitrators received from FMCS. Thereafter, a list may only be rejected by mutual consent of the parties. B. Within 15 calendar days after receipt of the list of arbitrators, the Union and the City shall meet and each strike three names. The party presenting the grievance will strike the first name and then the other party will strike a name. The process will repeat until one name remains and the remaining name will be designated as the arbitrator. C. As promptly as can be arranged the arbitration hearing shall be held. The arbitrator shall arbitrate solely the issue presented and shall not have the authority to determine any other issues not submitted to him/her. The arbitrator, in rendering his/her decision, shall confine his/her decision to the grievance in question and shall not have the authority to add to, take away from, alter or amend any provision of this Agreement. D. The decision of the arbitrator, insofar as it is in conformance with this Agreement, shall be final and binding on the aggrieved employee, Union, and City. E. The expense of the arbitrator shall be borne equally by both parties, except that if either side desires a written transcript, such side shall bear the costs thereof. Expenses in connection with attendance of participants and witnesses for any party shall be paid by the party producing such participants and witnesses. The arbitrator will have no authority to award attorney's fees or costs to the prevailing party. F. Any decision of the arbitrator shall not be retroactive more than 15 calendar days prior to the date the grievance was submitted. The City will incur no liability for backpay more than 30 calendar days following the arbitration hearing. Section 5. Miscellaneous A. The parties will cooperate in the investigation of any grievance, providing all pertinent information as may be requested for the processing of a grievance. B. No reprisals of any kind shall be taken against any party participating in the grievance procedure. C. No record dealing with the processing of a grievance shall become a part of the personnel files of individual employees; however, ultimate records of adverse actions against employees may be included in personnel files. D. No employee shall be required to discuss a written grievance if a Union representative is not present. E. In order to prevent the filing of multiple grievances on the same question of interpretation or compliance where the grievance covers a question common to a number of employees, it shall set forth thereon the names of the persons of the group and the title and specific assignments of the people covered by the group grievance. In such event, the Union and/or one employee shall be designated by the group of employees to act as the grievant. F. Grievances relating to suspension, demotion, or dismissal shall be initiated at Step 3, however the Union shall be required to provide a copy of any such grievance submitted at Step 3 to the employee's department director. G. It is specifically agreed that employees who claim to have been discharged unjustly shall be subject to the foregoing grievance procedure, and if it is found that an employee has been unjustly discharged, 9 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A the employee may be returned to work with pay for all time lost, subject to the limitations of section 4(F). H. Where any provision of this Agreement involves responsibility on the part of the Union that, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the Union on an informal basis, the grievance shall be initiated at Step 3 of this procedure by the City Manager or designee and submitted in writing to the Union President. If not resolved within 21 calendar days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provision of this Article. I. The time limits of a grievance at any level may be extended by mutual written consent of the parties. If a grievant fails to submit or advance a grievance at any step in the process within the prescribed time limit as defined above, the written determination received by the grievant from the respondent at the prior step•shall be considered accepted by the grievant, and the grievance shall be considered resolved. If the City fails to respond to a grievant at any step in the process within the prescribed time limit as defined above, the Union may advance the grievance to the next step in the process. ARTICLE 7 PERSONNEL PRACTICES Section 1. Regular Work Hours A. The regularly scheduled work week of the employees in the bargaining unit will be from 12:01 a.m. Saturday to midnight Friday. Employees' hours of work excluding unpaid meal periods will consist of the number of hours set forth in the Official Pay Plan. Employees must obtain approval from a person of competent authority prior to working any hours outside of their established work schedule, either before their designated starting time or after their designated quitting time or during an unpaid meal period. Employees will only be paid for hours worked and will not be paid for hours scheduled, unless otherwise stated in this Agreement. B. The City shall determine and notify employees in advance of the days and times of work for their normal work schedules. Regular full-time employees will be provided an unpaid meal period of either 30 minutes or 60 minutes duration as determined by the respective Department Director. The City Manager or designee shall review and determine whether, in situations where the employee cannot leave their duty assignment due to extenuating circumstances, the employees shall instead be paid for all scheduled hours. The employee may take a meal during a period of non -work time but cannot leave their duty assignment or workstation during the workday. Such determination will not be changed on a daily basis except when necessary due to operational demands. The City shall determine at what time applicable employees will be required to take an unpaid meal period. Generally, the meal period will be scheduled in the middle of the work shift. Employees who are not scheduled an unpaid meal period will not be required to take their meal during a 15 -minute paid rest period. When employees are required by the City to perform actual job duties during any part of a meal period, employees will be compensated in accordance with applicable provisions of the Fair Labor Standards Act and this Agreement for any time worked. All full-time employees shall be entitled to two 15 -minute paid rest periods, one during the first portion of their work shift prior to the meal period and one after the meal period. Full-time employees who work a partial day shall be provided one 15 -minute paid rest period for each four hours worked. If 10 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A employees opt not to utilize such rest periods, the City shall not be deemed to have violated this section. Employees shall not have the right to accrue or otherwise utilize rest periods to alter their work schedule. Paid rest periods must be taken in their entirety and may not be subdivided into shorter increments. Part-time employees shall be granted meal or rest periods in accordance with the above and based on the number of hours worked each day proportionate to a full-time employee in the same job classification. Employees assigned to the Police Department Communications Division in the classifications of Police Telecommunicator I, Police Telecommunicator II, or Police Telecommunicator Supervisor shall be allowed to combine their 15 -minute paid rest periods in conjunction with the 30 -minute unpaid meal period to provide adequate break for employees while not impeding the dynamic operational needs of the environment. This duration of time should be scheduled during the middle of the shift and may not be used to alter or shorten the work day. Employees assigned to the Solid Waste Department Operations Division in the classifications of Solid Waste Accounts Coordinator and Solid Waste Operations Supervisor, shall be allowed to combine their 15 -minute paid rest periods in conjunction with the 30 -minute unpaid meal period to provide adequate break for employees while not impeding the dynamic operational needs of environment. This duration of time should be scheduled during the middle of the shift and may not be used to alter or shorten the work day. C. When an employee is required by their respective Department Director to attend training or job-related workshops, such time spent in training shall be paid and counted as hours worked toward the calculation of overtime. Meal periods shall not be included as such hours worked. However, if the time spent in training alone is less than the employee's regularly scheduled hours of work for the day, and it is not practical as determined by the employee's department for the employee to report to work before or after the training, the employee will be paid for the number of their regularly scheduled hours for the day. D. The number of days of work in a specific work week for employees in the bargaining unit may vary between four, five, or six days. Whenever practicable, each employee's regularly scheduled work week will consist of two days off per week, exclusive of overtime, standby, or recall. Each full-time employee and any part-time employee requesting such will be granted at least one day off per week, exclusive of overtime, standby, or recall. E. An employee's work schedule will not be changed arbitrarily, and the employee will be given reasonable notice consistent with the City's planning of its needs. 48 hours will be deemed reasonable notice. A change in work schedule shall be considered to be a change in the established regular days or hours of work constituting the employee's normal work schedule. The requirement to continue working beyond the normal end of a work shift when directed by competent authority to complete duties, tasks, or work assigned on the same work day shall not constitute a change in the employee's work schedule. F. Employees may request, and with the prior approval of their respective Department shall be permitted to adjust or "flex" their hours of work within a specific work week. The City may request whether or not employees are interested in voluntarily flexing their work hours. However, the City shall not require employees to flex their work hours solely to avoid the payment of overtime, and shall not discipline employees for electing to not voluntarily flex their work hours. This provision shall not impede the City's ability to adjust employees' work schedules or to assign overtime when operationally necessary in accordance with applicable provisions of this Agreement. G. Employees are expected to be at their work station and prepared to work at their appointed starting time. Employees will work until released by competent authority and will not leave their work station or locations before their appointed quitting time. 11 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A H. Employees will be paid in increments of one-quarter of an hour. Employees will not be docked pay for up to the first 7 minutes and 59 seconds after their appointed starting time. Employees will not be paid for periods of work performed in increments of 7 minutes and 59 seconds or less. For example, an employee who reports to work 7 minutes and 59 seconds after their appointed starting time shall be considered tardy but shall not be docked pay. An employee who works 8 minutes or more beyond his/her appointed quitting time shall be eligible to be paid in increments of 1/4 hour for all such time. Section 2. Appointments & Promotions A. All appointments to positions in the bargaining unit shall be made on the basis of merit and fitness for the position to be determined as far as practical and possible by competitive examination or other evaluation process under the policies and practices of the Human Resources Department. The City Manager or designee, upon notifying the Union, may authorize the placement of a candidate at a rate above the established entry of the salary range not to exceed 15% over the pay range minimum for a classification based on the candidate's job related education, training and experience as well as any recruiting or retention issues. Employees may review their own respective examination or evaluation results upon request. The Union local president or designee (excluding any applicant) shall be permitted to review individual examination or evaluation results upon request and take such notes as necessary for the purpose of determining whether to file or pursue a grievance. B. Announcements for competitive exams or evaluation processes will be provided to each City Department for posting at each appropriate work location at least 10 work days prior to the filing deadline. C. The City agrees to use to the maximum extent the skills and talents of existing employees in the unit in order to achieve the resulting benefits of higher morale and reduced turnover. When filling positions in the bargaining unit, the City will consider all applicants, both inside and outside the bargaining unit, but all other factors being substantially equal, will fill such positions by selection from eligible candidates in the bargaining unit. This shall not preclude the City from giving promotional examinations restricted to City employees. D. Promotional Lists — The names of all persons who may be lawfully appointed and who shall have attained a passing grade on any promotional or open competitive examination or evaluation processes shall be placed on the appropriate promotional list. E. Duration of Eligibility — All bargaining unit members appearing on appointment eligibility lists shall remain eligible for a period up to six (6) months from the date of the establishing of the member's name on the appropriate list or until a new Eligibility List has been generated. Bargaining unit members appearing on reemployment eligibility lists shall remain eligible for reemployment for a period up to one (1) year from the date of separation. F. Removal of Names from Lists -- Names of eligibles shall be removed from appropriate eligible lists by operation of any of the following: a. Appointment through certification from such list to fill a permanent position. b. Decline an appointment or failure to respond to any inquiry of the Human Resources Department regarding availability for appointment. c. Separation from the City service of an employee on a promotional list. 12 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A d. Disability (in accordance with the Americans with Disabilities Act) that prevents the eligible from performing satisfactorily the duties of the position with or without a reasonable accommodation. e. Determination by the Human Resources Director that the eligible has been found to lack any of the established qualifications for the position. G. Types of Appointments — All vacancies in the bargaining unit shall be filled by appointment from the appropriate eligibility list, as determined by the Hiring Department and the Director of Human Resources. Selection criteria shall be developed by the City and reviewed by the Human Resources Department. Such criteria and relevant qualifications shall be provided on the job announcement at the time of its posting. An employee who is not selected for promotion shall be afforded, upon request, a meeting with the respective Hiring Department and/or Human Resources and provided with an explanation of the selection criteria and the manner it was applied, including a review of areas whereby improvement may make such employee better qualified. H. Promotions — Whenever an employee having regular status successfully competes in an open competitive examination and receives an appointment to a higher-level job classification, such appointment shall be considered a promotional appointment. A higher-level job classification shall be deemed to be one having a higher maximum rate of pay. CWA employees shall receive a 5% increase or raised to the minimum of the pay grade whichever is greater upon promotion. If at the time of promotion an employee is receiving additional compensation other than acting pay, the promotional rate of pay shall be established at the first rate of pay in the pay range of the higher classification that represents an increase of 5% above the employee's overall compensation at the time of promotion. However, under no circumstances will the promotional base rate of pay exceed the established pay range maximum of the higher-level classification. No employee will be considered for a promotion while under investigation or on a development plan. I. Demotions — The City may demote a regular or probationary employee to a vacant position or may demote an employee through the reclassification of the position and incumbent for any of the following reasons: 1. For disciplinary or performance reasons. 2. When the employee would otherwise be laid off because their position is being eliminated. 3. When the employee would otherwise be laid off because of the return to duty of an employee assigned to such position. 4. Failure to satisfactorily complete the probationary period during a promotional appointment; or 5. When the employee voluntarily requests a demotion. Employees who demote from one classification to a lower -level job classification shall have their rate of pay reduced by at least 5%. An employee may request to be voluntarily demote to a position at the same or lower level requiring essentially the same or lesser qualifications within a class series or for other classes in which the employee was previously certified. Such employee's name shall be provided to the hiring department along with the certified eligibility list, but shall not establish any entitlement or right of the employee to the vacant position. It shall be the sole discretion of the hiring department to select such employee. J. Order of Certification — The Human Resources Director shall determine the order of certifications which may be by test score, alphabetically, by special qualification or as otherwise determined appropriate. 13 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A K. Temporary and Emergency Appointments 1. Whenever an employee is needed for a temporary period, the Human Resources Director shall certify the names of persons on the appropriate eligibility list in accordance with the Human Resources Policy Manual. The acceptance or refusal by an eligible for a Temporary appointment shall not affect their standing on the eligible list. 2. When it is impossible or impracticable to fill a position or when an eligibility list does not currently exist for a position classification, the Hiring Department and the Human Resources Director may appoint any qualified person to such position via an Emergency Appointment without competitive evaluation in accordance with the Human Resources Policy Manual. 3. The Union shall be provided upon request a list of all current Emergency Appointments. L. Probationary Periods 1. All employees initially employed, transferred, demoted, or promoted to or within the bargaining unit shall have to serve a probationary period. During the probationary period, management shall observe and review the employee's job performance, attendance, attitude, and adherence to Department and City requirements and such other factors as in the City's determination are important factors to consider with respect to continuing the employee in the position. 2. The probationary period shall consist of six consecutive months or the equivalent. The Police Telecommunicator Trainee and Police Telecommunicator classifications will have a probationary period of one year. The City may extend such probationary periods for up to three additional months. 3. Determination that the employee has not successfully completed the probationary period shall be made by the City. The promotional probationary employee who does not successfully complete the probationary period may have their probationary period extended for up to three months, or shall have the right to return to the employee's former position within five work days following the completion of the employee's first month probationary performance review if the former position is available, or may be re -assigned within five work days following the completion of the employee's first month probationary performance review to another position at the same or lower level for which the employee is determined to be qualified and with no loss of pay from the employee's position prior to promotion. Employees who take advantage of the opportunity to revert to their position held prior to promotion within five work days following the completion of their first month promotional probationary review shall have their annual performance evaluation date returned to the date that was effective prior to the promotion rather than the date of the return to the former position or voluntary demotion. The probationary employee who does not successfully complete the probationary period may have their probationary period extended for up to three months, or shall be separated from employment. 4. Time served during a Temporary appointment in the same job class immediately preceding regular employment status shall be credited as time served. Probationary period will start when regular employment status begins. 5. In the event that an employee is absent from duty, for any reason, for an accumulated period of scheduled work hours equivalent to more than nine work days prior to the completion of the probationary period, all such time off may be used to extend the prescribed probationary period. 6. If a promotional probationary employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and not returned to their former position. 14 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A 7. Any newly hired employee who is separated during or at the end of the expiration of the probationary period, or newly promoted employee who is returned to their former position, shall have no right of appeal or grievance relating to such action. 8. An employee who has been appointed to another position may voluntarily return to their previous position within six months of the appointment, subject to Department Director approval and the previous position being vacant. This subsection 8 shall not include involuntary appointments. M. Job Classification Review — An employee, for good and sufficient reasons, may request a review for a change in classification. Such request shall be submitted in writing to the employee's department director first. The department director shall review the request, provide recommendations, and send those recommendations to the Human Resources Director for review. The Human Resources Director shall review the request and recommend to the City Manager or designee the appropriate action. The decision of the City Manager is final and binding. Section 3. Health & Safety A. The City and the Union will cooperate in establishing a sub -committee of the Labor -Management Committee with the continued objective of eliminating accidents and health hazards. This committee will meet on a regular basis and may make written recommendations to the City Manager or designee regarding unsafe conditions or ideas for safety. The City Manager or designee will consider written recommendations from the committee and will implement solutions to these conditions where practicable or shall appear before the committee or provide a written response as to why said solutions are not practicable. The committee will not be utilized to determine fault or to reach any conclusion or determination regarding potential disciplinary action. B. The City will provide any safety equipment and devices for employees engaged in work where such special devices and equipment are necessary and are specifically required by the City. Employees not utilizing safety equipment, which is specifically required by, and furnished or paid for by the City, shall be subject to denial of work and/or disciplinary action. C. Employees will not suffer any position penalty nor be financially responsible for damage to City property occasioned by accident which is not caused by negligence. D. The City shall continue to maintain a cleanup room with sanitary showers for the use of all employees whose employment presents a threat of disease due to their exposure to unsanitary conditions in those areas where it is currently doing so. If the Union believes that new locations or areas exist which should have cleanup rooms with sanitary showers for use by employees, the Union shall advise the City at a Labor -Management meeting and the City shall initiate a review of the need. E. The City agrees to periodically review the availability of discount programs through third parties for employees who wish to purchase safety equipment not required and provided by the City. F. No employee shall be required to work more than 16 hours in any day, except in an emergency. All employees must be available to report to work at any time before, during, or after any designated emergency. This includes but is not limited to their assigned shift. Employees must be prepared and available to work their entire shift and be prepared to work any overtime hours as may be required under emergency conditions. Every effort will be made to ensure that no employee is required to work more than 6 consecutive days without receiving 24 continuous hours off-duty time. All employees are subject to being called in to work on non-scheduled or non -duty days. Failure to return to work as required may lead to discipline, up to and including termination. Any employee, who has a personal situation which may prevent the required return to work, must receive permission from the Department and Human Resources Director for the expected absence prior to June 1 each year. 15 Docusign Envelope ID: 1 F303D5E-SOFA-82EB-8379-6D482FA4263A G. The City shall provide free access for all bargaining unit members, and family members who are currently enrolled in the City's health insurance plans 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 4. Paycheck Issuance All employees are encouraged to enroll in direct deposit. Paychecks will be issued bi-weekly via direct deposit for employees enrolled in direct deposit. Paychecks will be issued bi-weekly via pay card for employees not enrolled in direct deposits. Section 5. Communications Employees shall be prohibited from engaging in any form of work-related communication that may be considered compensable during any unpaid hours outside of their scheduled work hours without first obtaining approval from a person of competent authority. This includes the use of City issued cell phones and land -line City work phones, direct -connect communications (push to talk or walkie-talkie), text messaging, radio communications, and the use of a City computer or remote access to the City computer system (including e-mail). Employees shall not use their personal communications devices for non -emergency communications during work hours except for paid breaks and meal periods. Such personal communications shall be of short duration, conducted in a safe manner, and shall not adversely impact operations. Violation of these provisions shall be considered grounds for discipline. ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. Designated Holidays The following days shall be observed as designated holidays for regular full-time and part-time employees. New Year's Day Martin Luther King Day Presidents' Day Memorial Day Juneteenth Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day 16 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A Note: Emergency, temporary, temporary part-time, and other non -regular employees shall not receive holiday pay. 1. Regular part-time employees shall be eligible to receive holiday pay at a prorated amount based on 20% of the weekly average of the employee's annual budgeted hours. 2. When a City designated holiday falls on Saturday, the preceding Friday shall be designated a substitute holiday and observed as the official holiday for the year for non -shift employees. When a City designated holiday falls on Sunday, the following Monday shall be designated a substitute holiday and observed as the official holiday for that year for non -shift employees. All designated holiday pay considerations are applicable to the designated holiday. 3. Designated holidays which fall on an employee's regularly scheduled work day shall count as hours actually worked for the purposes of calculating overtime. The City shall not arbitrarily adjust work schedules to preclude a designated holiday from falling on an employee's regularly scheduled work day. 4. Employees who are required to work on a designated holiday shall receive time -and -one-half their regular pay for all hours actually worked on the holiday plus holiday pay at the employees' regular rate of pay. 5. An employee scheduled to work a designated holiday and who, without notice and valid reason therefore, in the judgment of the City, fails to report for such work, shall forfeit holiday pay as well as losing regular pay for the number of hours he/she would have worked. 6. Employees on vacation leave, jury duty, sick leave and other absences from duty but on a regular pay status on the day the designated holiday is observed must use the holiday on the same day that it is observed. 7. In order for an employee to receive holiday pay, the employee must work the regularly scheduled workdays immediately preceding and following the designated holiday, unless the absence has been approved and authorized in writing by the department. Employees who are absent from work in a non -pay status (such as an employee receiving Workers' Compensation who has exhausted the injury benefit and sick leave, leaves of absence without pay, etc.) on either their regularly scheduled work day immediately preceding or immediately following the designated holiday shall not be paid for holidays falling within such periods. 8. If an employee calls in sick in accordance with established notification requirements when scheduled to work on a designated holiday, the employee shall receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday and shall not be charged sick leave. Pay Procedures for Designated Holidays a. Procedure when holiday falls on employee's scheduled work day and employee takes the day off: Employees receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday in addition to pay for all hours worked the remainder of the workweek. b. Procedure when holiday falls on employee's scheduled work day and employee works part of the day, works the respective normal full work day, or works overtime beyond the respective normal full work day: Employees receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday and are paid time -and -one-half for hours actually worked on the designated holiday. 17 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A c. Procedure when holiday falls on employee's regularly scheduled day off: Employee may elect to receive holiday pay equivalent to 20% of the employees' weekly average budgeted hours which will not count as hours actually worked for the purpose of calculating overtime in addition to pay for all hours worked the remainder of the workweek; or may elect to designate as a holiday and not work their regularly scheduled work day which immediately precedes or immediately follows the City designated holiday within the same pay week, in which case the employee will receive holiday pay equivalent to the number of hours the employee is scheduled to work on that day, and such hours for holiday pay would count as hours actually worked for the purpose of calculating overtime. B. Floating Holidays In addition to the designated holidays above, employees shall be entitled to up to three floating holidays per payroll calendar year. Employees receive floating holiday pay equivalent to the number of hours the employee is scheduled to work on the floating holiday in addition to pay for all hours worked the remainder of the workweek. Regular part-time employees shall be eligible to receive floating holidays at a prorated amount based on 20% of the weekly average of the employee's annual budgeted hours. Floating holidays may be utilized in full-day increments only, regardless of the number of hours the employee is scheduled to work on the day the floating holiday is utilized. Floating holidays shall count as hours worked for the purpose of calculating overtime. 1. Designated holidays or any day an employee is not scheduled to work may not be selected as a floating holiday. 2. Floating holiday requirements for new hires are as follows: a. No employee may utilize floating holidays until 60 calendar days after their date of employment. b. Any bargaining unit member employed between January 1 and March 31 shall receive three floating holidays to be utilized during the payroll calendar year of hire. c. Any bargaining unit member employed between April 1 and June 30 shall receive two floating holidays to be utilized during the payroll calendar year of hire. d. Any bargaining unit member employed between July 1 and September 30 shall receive one floating holiday to be utilized during the payroll calendar year of hire. e. Any bargaining unit member employed on or after October 1 shall not receiveany floating holidays during the payroll calendar year of hire. 3. A payroll calendar year begins with the first day of the first pay period for the first paycheck date in the calendar year and ends with the last day of the last pay period for the last paycheck date in the calendar year. 4. Floating holidays may not be carried over from one payroll calendar year to another. 5. Floating holidays are scheduled at the mutual convenience of the employee and the respective Department. Generally, 48 hours is considered reasonable notice for requesting the use of floating holidays. However, the respective Department Director or designee shall have the sole discretion to approve such requests if practicable when provided with less than 48 hours' notice. 6. Upon an employee's separation from the City, the employee will receive a lump sum payment at the employee's current base rate of pay for their remaining floating holiday balance or if retiring may use such balance to advance the date of retirement. 18 Docusign Envelope ID: 1 F3O3D5E-SOFA-82EB-8379-6D482FA4263A Section 2. Vacation A. Vacation Accrual Vacation Accrual for Employees Years of Service Hourly Accrual Vacation Days 0-2 .0577 15 3 .0616 16 4 .0654 17 5 .0693 18 6 .0731 19 7 - and over .0770 20 B. Hours are accrued commensurate with the employee's designated work week (i.e. 37.5 -hour work week or 40 -hour work week). C. Maximum amount of vacation leave that may be accumulated is 320 hours. D. The vacation year shall be the payroll calendar year. E. Vacation leave will accrue on an hourly basis and will be pro -rated according to hours in a paid status and excluding overtime, standby, recall or call back hours, or any hours paid by workers compensation. F. The borrowing or advancing of vacation leave prior to its accrual is prohibited. G. Employees must be employed for six calendar months prior to requesting the use of vacation leave. H. New employees who fail to complete six calendar months of service are not paid for any accrued vacation leave. I. All employees must be granted a minimum of two weeks vacation per calendar year if properly requested by the employee in accordance with Department vacation selection procedures. Vacation leave may not be carried in an amount above the vacation cap. If vacation leave in excess of the cap is not taken, it is forfeited, except when a Department cannot schedule or cancels previously scheduled vacation time due to City work needs. The canceled vacation time must then be taken within 60 calendar days of the scheduled vacation date. No other granting of any carryover of vacation time above the vacation leave cap is permitted. J. A period shall be established for the purpose of vacation selection, known as a vacation pick. This period shall be the first two work weeks in the month of December each year. All employees will have the opportunity to submit their vacation requests for up to the number of hours that the employee currently accrues annually for that calendar year only. Management will review these requests and determine their operational needs and staffing requirements. Management will grant the requests that do not interfere with the operations of the City. However, an employee who is approved for time during the vacation pick process and then does not have accrued vacation hours to cover the time when it arrives may be denied vacation requests exceeding the amount of vacation hours the employee has accrued at the time of the following vacation pick period. If more than one person requests vacation that conflicts with staffing needs of the City, the conflict will be decided on the basis of City seniority, except that an employee who voluntarily changes schedule or shift after the completion of the vacation pick process shall not be given precedence over another employee on the new schedule or shift who has already obtained approval for vacation on the same day. After the end of the vacation pick, any 19 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A request for vacation shall be based on "first come, first serve." Seniority of a bargaining unit member shall not be used to revoke vacation leave or other time off for which a department has granted prior approval to another bargaining unit member with less seniority. K. In the event an employee is promoted, demoted or transferred from a full-time position to a full-time position with greater or lesser biweekly hours, such employee's then accrued vacation hours shall be adjusted, as appropriate, to reflect the equivalent vacation days. L. Regular part-time employees shall have vacation accrual prorated each payroll period based on the actual hours in a paid status. M. Upon separation from the City service, employees shall be paid at their respective current base rate of pay at the time of separation for the unused portion of vacation leave for which they may at that time be eligible, or if retiring may utilize such remaining vacation leave balance to advance the date of retirement. N. If service requirements permit, employees may, with reasonable notice and the approval of their respective Department, use their accrued vacation in increments of quarter of an hour. 48 hours is reasonable notice. However, the respective Department Director or designee shall have the sole discretion to approve such requests if practicable when provided with less than 48 hours' notice. The application of this paragraph shall not be subject to the grievance procedure. Section 3. Sick Leave A. Sick Leave Accrual 1. Employees shall accrue sick leave each payroll period prorated based on regular hours in a paid status and excluding overtime, standby, recall or call back hours, and any hours paid by workers compensation. Employees shall accrue .0462 hours of sick leave on an hourly basis. Note: Employees earn 12 days per payroll calendar year. 2. Regular part-time employees shall be eligible to receive sick leave at a prorated amount based on hours in a paid status in accordance with the above. B. Sick Leave Accrual Caps Employees hired prior to October 1, 2008 may accumulate up to 1,560 accrued hours. Employees hired effective October 1, 2008 or later may accumulate up to 1,040 accrued hours. C. Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an employee recalled from layoff or returned from a leave of absence. 2. Sick leave balances remain the same upon transfer to another Department or classification with the same hourly work week. 3. Sick leave balances are converted to equivalent days if an employee changes classification to that with a different hourly work week (e.g. 37.5 -hour work week to 40 -hour work week). 4. No sick leave balances are restored after a break in service. An employee will have a break in service if the employee is rehired by the City six months after the date of resignation or retirement or one year after a layoff. Authorized leaves of absence, suspensions, reinstatements after disability retirement or dismissal, and layoffs of less than one year will be counted as continuous service and shall not be a break in service. 20 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A D. Calculation for Use of Sick Leave 1. Sick leave may be authorized in increments of quarter of an hour. E. Authorized Use of Sick Leave Sick Leave usage shall be authorized for the following 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 examinations, or other personal sickness prevention measures. 4. Due to illness of a member of the employee's immediate family that requires the employee's personal care and attention. "Immediate family" shall mean parents, step-parents, children, step- children, foster-child(ren), minor-guardianship(s), grandparents, grandchildren, brothers, sisters, present spouse and the "immediate family" of the employee's spouse, domestic partner of record as defined in accordance with criteria, policies, and procedures determined by the City and the "immediate family" of the employee's present domestic partner of record, or other family member living in the employee's immediate household. Employees may be required to produce legal justification for Foster Child(ren)/Minor Guardianship(s). Employees found to be utilizing Sick Leave for any reason other than those stated above shall be subject to disciplinary action up to and including termination. Employees shall be authorized to use sick leave as it is accrued. Employees' requests for sick leave to be used for doctor's appointments shall be submitted with at least 24-hour notice, except the requirement shall be waived where the employees is able to demonstrate to their department director an emergency exists. The employees' respective department reserves the right to not approve such requests when advance notice is not provided or the employees' absence will adversely affect operations. Employees shall be required to notify their immediate supervisor or management representative to request approval for sick leave each day that they are absent, except that an employee who has been approved for a continuous FMLA absence only shall be required to comply with the reporting procedures outlined in the City's FMLA Policy instead. Such notification requests shall be provided through personal contact, except where the employee is able to demonstrate this is not possible. Failure to obtain approval for sick leave from competent City authority shall result in any such time being considered an unauthorized absence and in the denial of paid sick leave. Employees may voluntarily submit acceptable evidence such as a certificate from a medical doctor to substantiate the reason for requesting sick leave, or they may be required to do so when requested by their respective department director or designee if the employee is absent from work for three consecutive work days or if the respective department director or designee has reason to question the legitimacy of the absence. Certificates from medical doctors for absences more than one week should be forwarded to the Human Resources Department for recordkeeping and FMLA coordination. Employees may also be required to submit a certificate from a medical doctor on a continuous basis only in conjunction with a development plan established between the employee and the employee's respective supervisor. A valid doctor's certificate shall be a written, typed, or printed statement from the doctor specifying the date(s) of visit/consultation with the doctor, the date the employee is authorized to return to work, any conditions or limitations imposed by the doctor, and the signature of the doctor or designee. The City reserves the right to substantiate the legitimacy of any certificate submitted by an employee as evidentiary reason for the use of sick leave. 21 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A When an employee has a documented serious health condition, the City shall provide the employee with Family and Medical Leave Act request forms to be completed by the employee's physician, which may be used to authorize use of sick leave in accordance with the terms of the Act. If approved, the completed FMLA forms shall be utilized to relieve the employee from the requirement to provide a doctor's certificate for one initial continuous absence only. Employees who utilize sick leave may be required to undergo fitness for duty or maximum physical capacity examination to determine the employee's ability to return to work in the same job classification or whether the employee may require a reassignment upon return to work. All such leaves shall be administered in accordance with the Family Medical Leave Act where applicable. F. Payment for Unused Sick Leave 1. Upon separation from the City service, an employee shall be paid for one-half of their accumulated unused sick leave up to a maximum payout of 520 hours for employees with a 1,040 hour cap or 780 hours for employees with a 1,560 hour cap, or may use such amount of sick leave to advance the date of retirement. The rate of payment shall be based on the current base hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The payment will be made provided: a) The employee is retiring on City Pension. OR b) The separation is involuntary on the part of the employee and is limited to only disability (incurred on or off the job) and layoffs. OR c) The employee's estate shall receive payment if an employee dies. OR d) The employee is at least 65 years of age and has a minimum of 10 years of service. 2. Employees who are separated for any reason other than those in subsection (F)1 above are not entitled to sick leave payment or use. G. Injury from Other Employment 1. 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 face disciplinary action up to and including termination. H. Use of Leave After Accrual 1. 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. I. Sick Leave Incentive Days 1. Following a payroll calendar year, a full-time bargaining unit employee, who has been employed full time for that entire year and has no unexcused absences and no more than two incidents of 22 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A unexcused tardiness, will be awarded sick leave incentive days in accordance with the following chart. Time charged to sick leave in conjunction with funeral leave shall not be counted toward the eligibility for incentive leave days. Sick leave incentive days must be used in the next payroll calendar year. Part-time employees are not eligible for sick leave incentive days. Amount of Sick Leave Used Sick Leave Incentive Days Awarded Less than one standard work day 2 One standard work day up to two standard work days 1 a) Sick leave incentive days can only be used in full day increments and are not included in overtime calculations. b) Upon an employee's separation from the City, the employee will receive a lump sum payment at the employee's current base rate of pay for their remaining sick leave incentive day balance, or if retiring may use such balance to advance the date of retirement. J. Sick Leave Pool 1. A 'leave pool will be established by members of the bargaining unit 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 as defined in this Article 8. 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 15 work days. b. A Union Designee or Elected Union Official shall determine use of the leave pool days, subject to the above purpose and limitations. i. A Union Designee or Elected Union Official may establish procedures, forms and other rules necessary for its effective operation, provided they are consistent with the provisions of this section and subject to the approval of the City Manager or designee. Decisions are final and are not subject to the grievance procedure. ii. Each January bargaining unit members may donate at least one day from their vacation leave, floating holiday, or sick leave. A day must be donated each calendar year to be eligible to participate in the program. c. No employee shall be permitted to donate more than four days of leave per year to the pool, unless authorized by the City Manager. d. In the event that the leave pool balance becomes lower than 100 days, the Union Designee or Elected Union Official may, with the prior approval of the City Manager or designee, open up the opportunity for additional donations to be made during the calendar year. e. All donations of pool leave time must be in full-day increments based on the full-time, regularly scheduled day for the employee's respective job classification (e.g. 7.5 -hour, 8 -hour, or 10 - hour day is a full day). f. Donations of pool leave time are irrevocable. 23 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A g. No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day -for -day. h. When pool leave time is authorized by the Union Designee or Elected Union Official for use by an employee, it shall be on a day -for -day basis, irrespective of the number of hours used each day. Each day or portion thereof shall be counted as one day. Bargaining unit members shall be eligible to be granted up to a maximum of 30 work days or portions thereof within a 12 month period counting backwards from the start of approved time of the most recent leave pool request. An employee using leave pool time shall receive regular base pay and their regular shift pay. However, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). Pay for authorized pool days shall not be granted for the first 15 work days of the absence necessitating leave from the pool. After 15 work days of such absence, the employee shall be eligible to be paid retroactively for the first 15 work days, and shall thereafter be eligible to receive their regular pay for any remaining pool days authorized. Pool leave time granted and not used in a given year by the employee receiving the donated pool leave time shall remain with the leave pool and be carried over to the next year. No donated pool leave time will be refunded to the donor. j• Section 4. Funeral Leave A. Employees shall be allowed up to four consecutive scheduled work days at any one time for funeral leave to make arrangements for and/or attend a funeral or memorial service with no loss of pay and no charge against sick leave time in the event of death in the "immediate" family. Employees requesting funeral leave more than one year after the death of the "immediate" family member must obtain approval through the City Manager or designee. "Immediate" family shall be defined as the employee's spouse, domestic partner of record as defined in accordance with criteria, policies, and procedures determined by the City, or the employee's or employee's spouse's or domestic partner's child, parent, foster-child(ren), minor guardianship(s), grandparent, grandchild, great-grandchild, brother, sister, stepparent, and stepchild. Employees may be required to produce legal justification for Foster Child(ren)/Minor Guardianship(s). B. Employees shall be allowed up to four consecutive scheduled work days at any one time, chargeable to sick leave, to make arrangements for and/or attend the funeral or memorial service in the event of death in the "extended" family. The term "extended family" as used in this paragraph shall mean stepbrothers, stepsisters, spouse of a sibling/step-sibling, daughter-in-law, son-in-law, aunts, uncles, nephews, and nieces of the employee or of the employee's spouse, or other members of the immediate household. It shall also include any blood relative of the employee living in the employee's household. C. Regular part-time employees shall be eligible to receive funeral leave in accordance with the above. However, such days shall be paid at a prorated amount based on 20% of the weekly average of the employee's annual budgeted hours. D. In the event that extenuating circumstances should necessitate an absence longer than four consecutive scheduled work days to accomplish the purpose for which this section is designed, the employee's department head, with the prior approval of the City Manager or designee, may authorize an extension of such duration as may be necessary and proper. The request for an extension shall be submitted in form and substance suitable to the department head and the City Manager or designee. Compensation for approved additional days shall be chargeable to sick leave. To be eligible for funeral leave under either section, the employee must attend the funeral or memorial service. 24 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A The City reserves the right to require documentation substantiating the request for funeral leave when such requests exceed two in a 12 -month period, or when the City has a reasonable basis to contest the legitimacy of such requests. Authorized documentation for such purposes shall include but not be limited to a certificate of death, obituary notice, memorial card, note from the attending clergy, or documents verifying travel. Employees who request more than two funeral leaves in a 12 -month period shall be notified upon approval of any additional funeral leave of the necessity to provide documentation to their respective department on their return to work for the duration of the 12 -month period. E. Time Off to Attend Funerals on Personal Basis 1. Employees who wish to attend a funeral of a City employee or official or the family member of such employee or official may request to utilize accrued vacation time, floating holiday time, sick leave incentive day time, or may request to adjust their work hours within the same workweek. Such requests may be made to the respective Division Head or Department Director and may be approved by such authority. To the extent possible, approval shall be granted; provided, however, it is understood that operational necessities may preclude approval for a substantial number of employees. 2. An employee attending a funeral while using vacation time, floating holiday time, sick leave incentive day time, or time off without pay is doing so on a personal basis and is not recognized as a "City representative." If the employee leaves from work to attend the funeral and/or returns to work after attending the funeral, all travel time shall be included in the vacation time, floating holiday time, sick leave incentive day time, or time to be adjusted. 3. Employees utilizing funeral leave when such leave is based on the death of a covered family member as provided by this Agreement shall be allowed time off with pay consistent with provisions of Article 8, Section 4. However, such employees are deemed off duty while on funeral leave. Section 5. Line -of -Duty Injury A. The term line -of -duty injury is an injury which occurs on the job only when said injury is reported on the day of occurrence and when said injury incapacitates the employee from performing their job because of the injury. The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to payment of any compensation. B. An employee may utilize accrued sick leave, however, the amount paid shall be only that amount permitted to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay at the time of injury. At such time as the employee receives their initial workers' compensation payment, the City shall allow the use of accrued sick leave up to the amount necessary, when combined with the workers compensation payment, to equal the employee's base pay. Any adjustment to pay under this section will be made following the employee's return to work or at the expiration of the period for which Workers' Compensation payments are provided under state law. C. Should an employee become unable to perform the essential functions of their job due to an on-the-job injury, the employee shall have the option of accepting a demotion or lateral transfer; provided that an opening exists in the position to which he/she is demoted or transferred and provided further that he/she is capable of performing the essential functions of that position. The City shall have the right to require the employee to take a noncompetitive examination to determine if the employee is capable of performing the essential functions of the position he/she seeks to fill. 25 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-60482FA4263A D. An employee with less than 12 months employment who is injured on the job and is eligible for Workers' Compensation will not be charged sick leave for any medical appointments which occur during scheduled work hours and have been approved by Risk Management. E. The City may establish such reasonable reporting requirements as it deems necessary to ensure the application of the Workers' Compensation Law. Section 6. Military Leave A. Any employee who is a member of a Reserve Component or the National Guard and who is required to participate in active or inactive training duty shall receive leave with pay for such duty which falls on the employee's regularly scheduled work days up to a maximum of 240 hours per calendar year without loss of seniority rights or efficiency rating. Absences from duty for military reserve training time in excess of 240 hours per calendar year shall not be compensated by the City. A copy of the employee's military orders certifying their training assignment shall be submitted to the Department Director and the Human Resources Department immediately upon receipt. B. 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 in subsection A above will be granted time off without pay. The employee shall be required to provide timely notice of such training assignments to the City. When practicable as determined by the City, and upon the request of the employee, the City will adjust the employee's schedule to accommodate participation in military duty training so that such training occurs on the employee's days off. C. When emergency conditions occur as determined by the City, bargaining unit employees who are called up to active military duty shall be provided the same rights and benefits afforded to other City employees pursuant to established City policies or guidelines in effect at the time such conditions exist. D. Eligible employees will be paid in accordance with Sections 115.09 and 115.14, Florida Statutes. Section 7. Jury Duty and Court Time A. The City shall grant leave with pay for jury duty or when an employee is subpoenaed as a witness on the following conditions: 1. Leave with pay will be granted for those hours spent on jury duty that fall within the employee's regularly scheduled work hours only. Leave with pay shall be granted for time spent in court when subpoenaed as a witness except in a case in which the litigation has been initiated by the employee or in any case involving divorce, child support, or custody. Employees will be paid at their base rate of pay for any hours spent in court outside of their regularly scheduled hours of work when subpoenaed as a witness as the result of a matter arising out of the course of their employment only. 2. If the time interval between the end of the employee's most recently worked shift and the reporting time of the jury summons is less than eight hours, the employee's work schedule will be adjusted to allow a minimum of eight hours' time off prior to reporting for jury duty. Although not mandatory, management will give consideration to employees to have the ability to change hours for special situations pursuant to this paragraph. This section shall apply only to jury duty. 3. Hours spent in court when subpoenaed as a witness as a result of a matter not arising out of the course of employment which are compensated under the provisions of this Article shall not count as hours worked for overtime pay purposes. Hours spent on jury duty or in court when subpoenaed as a witness as the result of a matter arising out of the course of employment which are compensated under the provisions of this Article shall count as hours worked for overtime pay purposes. 26 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A 4. If an employee is excused or released by the Court before the end of their scheduled work day, he/she must promptly return to work. 5. An employee must bring written evidence of jury duty service or court appearance before compensation is approved. 6. As soon as an employee learns of selection for jury duty or court appearance, he/she must notify the appropriate supervisor so that arrangements may be made for their absence from work. 7. In the event a holiday shall occur during the period of the employee's jury duty or court appearance, the employee shall receive pay for such holiday in accordance with this agreement Section 8. Administrative Leave The City Manager may at their discretion grant employees administrative leave with pay for their normal work shift or balance thereof when circumstances dictate that they be relieved from duty because their services are determined to be non-essential. The City Manager may at their discretion compensate employees, whose services are determined to be essential and are required to work under such circumstances, at a premium rate of pay in addition to any other compensation due for all hours actually worked when other employees City-wide or in the same work unit have been released on administrative leave. If the employee is required to work a shift which is less than the employee's regular shift, the employee shall be paid in accordance with the above for all hours actually worked, and shall be granted administrative leave with pay for the remaining hours making up the employee's regular shift. All hours actually worked shall be counted as such for the purpose of computing overtime. Scheduled administrative leave with pay shall not be considered as hours worked for the purpose of computing overtime. Unscheduled administrative leave with pay shall be considered as hours worked for the purpose of computing overtime. At least 48 hours' notice shall be considered scheduled. Employees who are on previously approved leave are not eligible for administrative leave with pay. Employees on administrative leave with pay are required to be available during normal business hours. Nothing in this Section 8 shall affect the City's Management Rights under Article 3, Section 4. Section 9. Leaves of Absence Without Pay A. Employees may take a medical leave of absence without pay for up to 12 weeks pursuant to the eligibility requirements of the Family Medical Leave Act. B. Upon the expiration of Family Medical Leave, an employee, who is unable to return to work due to the same reasons as in subsection A, may take an additional 30 day leave of absence without pay, upon written request that is supported by medical documentation and approval by the City Manager or designee. Prior to the expiration of the employee's 30 day leave of absence, the employee will be required to re -submit supporting medical documentation, as well as written request for any additional leave, if necessary. Leave is subject to the approval of the Department and the Human Resources Director. In no event shall the additional medical leave of absence following the expiration of an employee's Family Medical Leave exceed 60 days. C. Upon written request with supporting documentation, employees may take a non-medical leave of absence without pay for up to 30 days with the approval of the Department and the Human Resources Director. If additional time is needed, the employee will be required to re -submit the written request with supporting documentation every 30 days for approval. In no event shall a non-medical leave of absence be longer than 60 days. 27 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A D. Failure to return to work at the expiration of an approved leave shall be considered as absence without leave and grounds for dismissal, but upon timely return from leave, the employee shall be granted and restored to their original or an equivalent position with equivalent pay, benefits, and other employment terms after returning from a leave of absence. E. There will be no accrual of benefits or seniority during such leave. During a leave of absence without pay or any other non -paid leave or no -pay status of an employee exceeding two weeks, the employee, if he/she desires to continue medical coverage for themselves and dependents, must pay the required premiums to the City. Failure to pay for such continuation shall result in the loss of coverage. F. Leave of Absence employees will be required to use all remaining accruals prior to entering a non -paid leave status. Section 10. Other Time Off An employee shall or may be granted necessary time off from their duties with compensation for any of the following reasons: A. Attendance at professional or other conventions, institutes, courses or meetings when such attendance, in the opinion of the City Manager or designee, may be expected to contribute to the betterment of the City service. B. Attendance at in-service training and other in-service meetings or programs sponsored by the City when, in the opinion of the City Manager or designee, such meetings or programs are designed to improve the City services and/or the employee's performance or to prepare him/her for advancement. The provisions of this paragraph shall be deemed to include authorized safety meetings and City - sponsored volunteer programs. C. An employee may be permitted to adjust their schedule within a specific workweek, or may be permitted to utilize paid leave, or may be granted time off without compensation upon the expiration of all paid leave for attendance at meetings other than those specified in the subsections above, or to attend urgent personal business, provided that such employee shall request approval from their department head in sufficient time to permit the latter to make arrangements therefore, and further provided that such time off will not seriously affect the efficient operation of the Department. D. Employees shall be released from duty without loss of pay while competing in City promotional examinations that are scheduled during duty hours. Section 11. Union Time A. Union members shall be allowed time off without pay to attend an officially called conference, convention, or school with the approval of the affected Department Director, provided that no less than one week's notice is provided. B. Additional time off without pay for Union activity will be granted with the approval of the Department Director and such excused time will not exceed one week at a time. C. Bargaining unit members utilizing Union time off under provisions of this section shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. D. Union time off does not count as hours worked for the purposes of calculating overtime. E. 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 committee whereby the Union member appears at the behest of and in the interest of the City. The City 28 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A reserves the right to not approve such leave requests if in its discretion it determines the absence of the Union representative will create an adverse impact to operations. The Union shall have the right to select the number of representatives authorized by the City to participate on the Union's behalf on City - initiated committees, and shall notify the City in writing of the names of those members selected by the Union. The Union may select a substitute to replace an absent member on a City committee with the prior permission of the substitute Union member's respective Department Director or designee. The Union local president may participate as the Union representative on any committees. The Union shall coordinate its choice of representatives so that no single work group or division will be adversely affected. Union time off with pay shall be provided for up to five Union Executive Board members (excluding a note taker) for contract negotiations and labor management committee meetings. F. The executive board of the Union shall be allowed a monthly meeting to transact any and all business pertaining to the Union, said meeting to be allowed during work hours not to exceed two hours at straight time. Section 12. Child Care and Paid Parental Leave A. In accordance with the Family and Medical Leave Act, eligible employees may take up to 12 weeks of unpaid, job -protected leave to care for a newborn child, newly -adopted child, or child with a serious health condition. Eligible spouses who work for the City are subject to the combined limitation of 12 weeks as set forth in the Family and Medical Leave Act. B. The City will provide up to one week (37.50 or 40 hours) of paid parental leave following the birth of an employee's child or the legal permanent placement of a child with an employee in connection with adoption or foster care. This paid leave will run concurrently and in conjunction with the Family and Medical Leave Act. Eligible employees must meet the following criteria: 1. Have been employed with the City for at least 12 months. 2. Have worked at least 1,250 hours during the 12 consecutive months immediately preceding the date the leave would begin. 3. Be a regular full-time employee. Employees must be taking leave for one of the reasons listed below: 1. To bond with the newborn child within one year of birth. 2. The legal permanent placement of a child with the employee for adoption or foster care and to care for the newly placed child within one year of placement. The fact that a multiple birth, adoption or placement occurs (e.g., the birth of twins or adoption of siblings) does not increase the total amount of paid parental leave granted for that event. In addition, in no event will an employee receive more than one week (37.50 or 40 hours) of paid parental leave in a rolling 12 -month period, regardless of whether more than one birth, adoption or foster care placement event occurs within that 12 -month time frame. Paid parental leave is compensated at 100 percent of the employee's regular, straight -time weekly pay. Paid parental leave will be paid on a biweekly basis on regularly scheduled pay dates. Approved paid parental leave may be taken at any time during the 12 -month period immediately following the birth, adoption or legal permanent placement of a child with the employee. Paid parental leave may not be used or extended beyond this 12 -month time frame. 29 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A Employees must take paid parental leave in one continuous period of leave and must use all paid parental leave during the 12 -month time frame indicated above. Any unused paid parental leave will be forfeited at the end of the 12 -month time frame. The employee will provide their supervisor and the Human Resources Department with notice of the request for leave at least 30 days prior to the proposed date of the leave (or if the leave was not foreseeable, as soon as possible). Employees must return to work for the City for at least 6 months following the paid parental leave. An employee will be responsible for repayment if this commitment is not fulfilled. The repayment will be deducted from the employee's sick time balance first, followed by their personal floating holiday and then vacation. Section 13. Light Duty & Return to Work A. Employees who are physically unable to perform their designated jobs, with or without reasonable accommodation in accordance with applicable law, may be assigned to light or modified duty at the discretion of the City and in accordance with the skills, abilities, and qualifications of the employee, any medical or physical restrictions placed upon the employee, and the availability of work. Such duty assignments shall be afforded in increments of up to 30 calendar days and shall be limited to a maximum of 180 calendar days total. The employee's ability to return to their designated position and the continued availability of the light or modified duty work shall be evaluated at each 30 -day interval. Requests for light or modified duty work shall be submitted on the appropriate forms to the Human Resources Department. Employees designated for light or modified duty assignment shall be required to notify Human Resources of any changes in their condition that may impact their ability to perform the light or modified duty assignment or that may allow the employee to return to full -duty in their designated position. B. An employee may be absent from their designated position for a maximum of 12 weeks in a 12 -month period, inclusive of time authorized for leave in accordance with an approved Family and Medical Leave Act request. This timeframe shall include any paid or unpaid absence (to include leave time granted from the sick leave pool), absence due to job -connected or non -job -connected injury or illness, or time served working in a light or modified -duty position. An employee who is unable to perform the essential functions of their designated position, with or without reasonable accommodation in accordance with applicable law, for more than 12 weeks in a 12 -month period inclusive of time authorized for leave in accordance with an approved Family and Medical Leave Act request shall be required to accept alternate employment with the City in another job classification for which he/she is deemed by the City to be qualified and able to perform the essential functions, with or without reasonable accommodation in accordance with applicable law, or shall be subject to layoff. Section 14. Vacation Buyback In each payroll calendar year, 40 -hour employees who have used at least 40 vacation hours may receive up to 80 hours of regular pay in exchange for the same number of vacation hours. The employee must maintain a minimum of 80 hours in their vacation bank after the exchange and can only make one request per year. The employee must not have received any formal discipline during that payroll calendar year and must receive at least Meet Standards on their annual evaluation. The employee must make a written request to the Payroll Preparers on or before the end of the first pay period in November to receive the requested hours of regular pay in the first paycheck in December. In each payroll calendar year, 37.5 -hour employees who have used at least 37.5 vacation hours may receive up to 75 hours of regular pay in exchange for the same number of vacation hours. The employee must maintain a minimum of 75 hours in their vacation bank after the exchange and can only make one request per year. The employee must not have received any formal discipline during that payroll calendar year and must receive at least Meet Standards on their annual evaluation. The employee must make a written 30 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A request to the Payroll Preparers on or before the end of the first pay period in November to receive the requested hours of regular pay in the first paycheck in December. ARTICLE 9 WAGES & COMPENSATION Section 1. Salary See Appendix A — Alphabetical Listing of Job Classifications See Appendix B — CWA Pay Range Tables A. Pay Range minimums and maximums for all classifications represented by the bargaining unit shall be adjusted by 2.0 % effective on the first day of the payroll period that includes October 1, 2026. Effective on the first day of the payroll period that includes October 1, 2026, and prior to any merit pay increase, bargaining unit members shall receive a longevity award based on the number of consecutive years the bargaining unit member has been employed with the City since their most recent date of hire. The amount of this award shall be based on the table below. Years of Employment Annual Longevity Award Amount 1 - 4 $250 5 - 11 $500 12 - 19 $750 20 & greater $1,000 This Longevity Award shall be added to and considered a part of the employee's annual base salary. No part of this Longevity Award shall be applied that would result in an employee's annual rate of pay exceeding the maximum annual rate of pay as provided in Appendix B. Effective on the first day of the payroll period that includes October 1, 2026 to the last day of the payroll period that ends prior to October 1, 2027, employees whose current base rate of pay is below their respective pay range maximum and who receive a rating of "Meets Standards" or better on their annual performance review shall be provided with a merit pay increase equivalent to a 3.5% of the employee's respective annual base rate of pay to be applied to the employees' biweekly base rate of pay, effective as of the start of the payroll period that includes the date of the employees' annual performance review. The parties agree that this Article may be re -opened upon the written request of either party no later than June 1, 2027, for the purpose of negotiating changes to this Article for bargaining unit employees for the period October 1, 2027, through September 30, 2028. B. Newly hired employees shall receive their first annual performance evaluation one year from their initial date of hire, and if rated "Meets Standards" or better, shall receive any applicable pay increases as of the start of the payroll period that includes the date of the initial one-year performance evaluation. Such employees shall be eligible for their next annual merit pay increase, if applicable, at the start of the payroll period that includes the following October 1 subsequent to the initial one-year performance evaluation. 31 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A Approved merit pay increases for full-time and part-time employees shall become effective as of the employee's eligibility as described above. Employees shall maintain their established performance evaluation date upon changes in classification, to include promotion to a higher-level classification, demotion to a lower -level classification, or transfer to another classification at the same level. Employees shall receive any applicable increase or decrease in rate of pay at the start of the payroll period that includes the date of the employees' change in classification and shall be eligible to receive the full merit increase as provided for above at the start of the payroll period that includes the date of the employees' annual performance evaluation. C. In accordance with provisions of the City of Clearwater Pay Plan, bargaining unit members who are determined by their respective department to not "Meet Standards" or who receive a rating of "Improvement Expected" on their annual performance evaluation, and who subsequently receive a rating of "Meets Standards" on their initial or secondary 3 -month follow-up performance evaluation, shall be eligible to receive any applicable pay increases effective on the date of the respective 3 -month follow-up performance evaluation the employee is determined to meet standards. Such employees shall be eligible for their next annual merit pay increase, if applicable, on the following October 1 subsequent to the successful 3 -month follow up performance evaluation, and upon receiving a rating of "Meets Standards" or better at that time shall receive a pro -ration of the above applicable pay increases based on the number of days between October 1 and the date of the successful 3 -month follow-up performance evaluation, and shall continue to be eligible for any applicable merit pay increase on the October 1 date thereafter. Employees who receive a rating of "Improvement Expected" on their annual performance evaluation and both the initial and secondary 3 -month follow-up performance evaluations shall not receive a merit increase and shall be revaluated again after one year from the date of the initial evaluation that was rated "Improvement Expected". D. Within budgetary allocations, the City Manager or designee, upon notifying the Union or Union designee, may authorize base pay increases. Such pay adjustments may be approved to respond to external labor market conditions, to address recruitment and/or retention issues, or to resolve internal organizational pay equity concerns. Employees in job classifications based on a 37.5 work week shall remain in the 37.5 work week classification and be subject to the same rate of pay, schedule, benefits, and other emoluments as provided to 37.5 -hour employees in this Agreement. However, a 37.5 -hour employee who changes positions for any reason, including but not limited to transfers, promotions, demotions, etc., will lose this grandfather status and will have a new rate of pay, schedule, benefits, and other emoluments as provided to a 40 -hour employee in this Agreement. Section 2. Overtime A. All employees outlined in the Pay Plan as eligible for overtime shall receive 1-1/2 times their regular rate of pay for all hours worked in excess of 40 hours per week. Employees shall only work overtime hours as directed or permitted by managerial personnel. Sick leave, vacation leave, funeral leave, and other time not worked shall not count as hours worked for overtime purposes. Designated City holidays, floating holidays, jury duty, and court time shall count as hours worked for overtime purposes. B. Overtime will not be assigned unfairly. Whenever practicable, the city will offer overtime assignments to perform work applicable to the CWA bargaining unit to available and qualified members of the bargaining unit prior to offering such assignments to non -bargaining unit personnel. 1. All overtime must be approved by the respective Department Director or Manager prior to any employees working outside their established work schedule. 2. The respective Department will determine if employees possess the qualifications, skills, and ability necessary to perform the required work prior to assigning the, overtime. 32 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A 3. Overtime will be assigned on a voluntary basis unless the respective Department Director or designee determines there is an emergency situation or there is not a sufficient number of employees available on a voluntary basis to perform the work. For an emergency situation or when an insufficient number of employees is available on a voluntary basis, overtime will be mandatory. 4. When additional work hours are required to complete necessary work and cannot be scheduled at least 48 hours in advance, the personnel working the assignment during normal work hours will be offered the additional work hours on a voluntary basis first, and then other employees possessing the qualifications, skills, and abilities necessary to perform the work will be offered the additional work hours on a voluntary basis. In order to minimize overtime costs, employees may be afforded the option of "flexing" the additional work hours within the same work week on a voluntary basis. If an insufficient number of employees working the assignment is available on a voluntary basis, employees working the assignment may be required to remain on duty until the work is completed. If additional personnel are needed, an overtime list developed by the respective Department with input from the applicable employees will be used to determine the order of selection for holdover, call-back or call-in. 5. When necessary, work can be scheduled with reasonable notice at least 48 hours in advance, the respective Department Director or management designee will determine whether to modify employees' work shifts, authorize overtime, or allow employees to request to flex their work schedules. C. Any full-time employee who is required to work two consecutive full shifts in a twenty -four-hour period will be provided $25.00 for meal money. Section 3. Standby and Recall (Mutually Exclusive) A. Standby shall be paid at the following rates during the term of this contract. Monday — Friday Saturday & Sunday Extended Time During Holidays $50 Per Night $70 Per Day $80 Per Day Daily standby (Monday -Friday) shall begin at the end of each regular workday and shall end at the beginning of the next workday (16 -hour period). Weekend standby shall begin at what would be the normal starting time on Saturday and shall conclude at the beginning of the regular workday on Monday (48-hour period). Extended time during designated holidays shall apply when an employee assigned to standby continues in standby assignment for an 8 -hour extended period for a designated holiday. In addition to the above amounts, an employee who is called out to work while on Standby duty shall be credited with one (1) hour work time or the actual hours worked during the entire Standby period, whichever is greater. An employee assigned to Standby who receives a work-related phone call during the Standby period and who conducts City business without being called out to work shall be credited with one-quarter of an hour or the actual amount of time of the phone call, whichever is greater, for each such phone call received. B. Recall (Call -out, Callback, and Call-in): If an employee is called back to work after the employee's normal workday and returns to work, or if an employee is called back to perform needed work after the employee's regular shift ends and the employee has already left the job, or if an employee is called in to perform needed work on a weekend, holiday, or other equivalent period during which the employee would not otherwise have worked, the employee shall be credited with two hours work time or the actual hours worked, whichever is greater. Time shall be computed from when the employee reports on -duty and ceases when he/she reports off-duty. 33 Docusign Envelope ID: 1F3O3D5E-8OFA-82EB-8379-6D482FA4263A C. Time beyond an employee's regular work schedule when assigned and scheduled in advance, either as a continuation of a present shift assignment or the requirement to work on an employee's regular non- workday(s) shall not be subject to any minimum guarantee pay or at least eight (8) hours. However, all time worked shall be credited toward hours worked for regular and overtime pay purposes. D. Employees shall not be assigned to standby duty if excused in advance by managerial personnel for approved vacation, float holiday, sick, or other absence during normal work shift, and in all cases the Department will seek volunteers prior to assigning standby duty. The City shall have the right to specify requirements needed for standby, including skills, dependability and ability to report timely, and employees not meeting said requirements may not volunteer for such standby. E. Any employee assigned to standby and who, during the period of such standby assignment, is not readily available as required or who is or becomes unable to perform his/her work duties shall be subject to discipline, except that an employee who becomes sick or injured and immediately notifies his/her supervisor shall not be subject to discipline. The City may require evidence in the form of an excuse from a medical doctor of such injury or illness. Section 4. Shift Differential Regular, full-time employees (other than those utilizing flex -time) shall be entitled to 6% shift differential pay above the employees' base rate of pay for all hours when the majority of their regularly scheduled hours for the work week fall between 4:00 PM and 12:00 AM, regardless of the starting or ending time of the employee's shift. Regular, full-time employees (other than those utilizing flex -time) shall be entitled to 8% shift differential pay above the employees' base rate of pay for all hours when the majority of their regularly scheduled hours for the work week fall between 12:00 AM and 8:00 AM, regardless of the starting or ending time of the employee's shift. Section 5. Acting Pay An employee who is assigned to work in an "acting" capacity in a higher-level classification for more than ten (10) consecutive workdays shall receive acting pay retroactive to the day the acting assignment began, subject to the approval of the Department Director and Human Resources Director. The amount of pay shall be 5% higher than the employee's current base rate of pay applied to all hours actually worked. Section 6. Training Differential Employees who are required to provide formal training to other employees outside of their normal job duties, and who are designated "Trainers" with an established curriculum as determined by the Department Director, will receive 5% above their normal base pay for any hours they are assigned to act as trainers in a formal training capacity. Section 7. Leadworker Assignment and Pay A Department Director, with the prior approval of the City Manager or his/her designee, may assign leadworker duties to a regular employee for such period of time as will, in his/her opinion, serve the best interest of the City. Such assignment shall be made only when a small group of workers are, in the normal course of their duties, regularly required to work at a time and/or place without the degree of supervision which, in the judgment of the Department Director, is conducive to efficient performance. An employee assigned leadworker duties will be required to perform all the duties of his/her regular position and additionally exercise primary layout and/or supervisory functions in relation to other workers who are ordinarily classified the same as the leadworker, accepting commensurate responsibility for group 34 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A performance. For the period of such assignment the leadworker shall be paid an additional biweekly amount representing 5% above his/her current base rate of pay. Leadworker assignments may be authorized for intervals up to one year in duration or may be authorized for shorter intervals at the discretion of the respective Department Director. If an employee has been assigned as a Leadworker for one year, the Leadworker assignment shall then be rotated to another employee deemed by the respective department to be qualified for the assignment. If no other employees are interested or deemed qualified, an employee may be assigned Leadworker for consecutive one-year intervals. Section 8. Assignment Pay Differential A. A Department Director may, at his/her discretion and with the approval of the City Manager/designee and consent of the Union, designate a specific position or positions within a job classification which shall be eligible to receive a 5% Pay Differential when the duties of the position differ from others in the same classification in their difficulty, complexity, responsibility, or hazardous nature to the extent that additional compensation is deemed warranted. Assignments to positions may be on a rotational basis or may be offered to employees in the respective classification based upon City seniority, however the Department Director shall have the right to remove any employee from such assignment in conjunction with a development plan if performance is deemed unsatisfactory. B. Solid Waste employees who are assigned and complete two full routes on one workday during a work week that pickups are limited by a City designated Holiday shall receive a premium pay equivalent to four hours of pay based on the employee's base rate of pay. Such premium pay shall not constitute hours worked or to be accumulated toward the calculation of overtime. C. Bargaining unit members designated as certified Bi -Lingual Interpreter, who have successfully passed a proficiency exam and where the position calls for interpretation skill sets, shall be eligible to receive $25.00 per payroll period for part-time employees and $50.00 per payroll period for full-time employees in addition to the employee's current base rate of pay with the approval by their Department Director. D. Incumbents in the classifications of Industrial Electricians, Utilities Electronic Technician, Utilities Mechanic, Utilities Maintenance Foreman, and Utilities Maintenance Supervisor upon the effective date of this Agreement who are assigned to the maintenance of the Public Utilities infrastructure which includes plants and lift stations shall be eligible to receive a 5% Pay Differential. E. The classification of Building Construction Inspector shall also be eligible for a licensure pay differential of $50 per payroll period in addition to the respective incumbent's base rate of pay for the possession and maintenance of each valid plans examiner license offered by the State of Florida Building Code Administrators and Inspectors Board when the employee is directed by their department to utilize such license at any time during the payroll period. Section 9. Uniforms and Rain Gear A. The City agrees to provide each full-time employee who is required to wear a uniform with an initial issue of five uniforms. Permanent part-time employees who are required to wear a uniform shall be issued a pro -rated number as determined necessary by the hiring department based on scheduled hours/days of work per week. The City shall determine the manner of procurement and style of uniforms to be worn. The City agrees to provide, at a minimum cotton blend uniforms of at least 35% cotton to employees who are required to wear uniforms. Polyester or polyester blend uniforms that utilize cooling properties may be utilized. The employee agrees to launder the uniforms. The employee will be issued a replacement for each uniform that becomes torn or tattered as the result of normal wear and tear, but 35 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A not for a uniform that has been damaged due to the employee's abuse or negligence. The employee must return the uniform as a condition for receiving a replacement. B. The City will provide safety shoes for each employee who is required to wear such. The City shall have the authority to designate additional job classifications as eligible for the provision of safety shoes. Employees who request safety shoes and are denied such by their department may have the decision reviewed by the City Manager or his/her designee by submitting a written request within 10 workdays of the department's decision. The decision of the City Manager or designee shall be final and binding and not subject to arbitration. The City shall determine the manner of procurement to be afforded all affected employees and shall have the right of approval in determining types of shoes which are acceptable. Employees shall provide worn or unserviceable safety shoes to their respective department for inspection in order to obtain authorization for replacement. Employees may be permitted to keep such worn shoes after inspection at the discretion of their respective departments. C. The City will provide employees with adequate rain gear. Rain gear that is worn, torn, and/or tattered through normal wear and tear shall be replaced, provided that the employee turned in the old rain gear. Employees may use umbrellas instead of rain gear as appropriate to the job classification. D. All uniforms and equipment provided by the City shall be issued and accounted for in accordance with I.R.S. regulations governing same. Section 10. Certification Pay A. Incumbents in the classifications of Fleet Mechanic, Mechanic Fabricator, Fleet Mechanic Supervisor, Fleet Parts Specialist, and Warehouse Supervisor who obtain and maintain job-related ASE certifications in accordance with standards established by the City shall receive $0.50 per hour in addition to the employees' base rate of pay for each such certification obtained and maintained up to a maximum of seven (7) such certifications. City fleet service mechanics who obtain and maintain the required ASE certifications constituting the designation of ASE Master in a City authorized module of study shall receive $5.00 per hour in addition to the employees' base rate of pay in lieu of the individual certification pays described above. The City will pay for the cost of training and examination for each certification only for the employee's initial attempt. The City reserves the right to determine the appropriate certifications that will be entitled to the additional compensation City fleet service mechanics who obtain and maintain EVT certifications in accordance with standards established by the City shall receive $2.00 per hour in addition to the employees' base rate of pay for each such EVT level obtained and maintained up to a maximum of two levels. City fleet service mechanics who obtain and maintain the required EVT certifications constituting the designation of EVT Master shall be reclassified to the classification of Fire Apparatus Mechanic. The City agrees to pay the cost of the training and examination process for each certification for the first time employees attend such only. B. Police Telecommunicators I, Police Telecommunicators II, and Police Telecommunicator Supervisors, shall receive a 9% increase to base pay for the successful completion of the Florida Public Safety Telecommunicator (PST) examination. Police Telecommunicators I, Police Telecommunicators II, and Police Telecommunicator Supervisors shall receive this training -related adjustment only once regardless of job classification or adjusted amount. Section 11. Replacement/Repair of Tools The City will replace or repair, as appropriate, the tools of employees who are required by the City to furnish their own tools, when it can be verified such tools are broken on the job or when such tools are 36 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A stolen from the job site and a police report confirming the theft is given to management. Tools will be replaced with tools of same manufacture and model. If the exact tool cannot be provided, a tool of equal value and quality shall be provided. Employees shall be required to report the breakage or loss of such tools to theft immediately in order to be entitled to replacement or repair. In lieu of tool replacement or repair in the previous paragraph, Fleet Mechanic, Fire Apparatus Mechanic, Fleet Operations Trainer, and Fleet Mechanic Supervisor positions will be eligible for an annual tool stipend at the amount budgeted and approved by the City Manager each fiscal year. It will be a one- time stipend payment made in the first pay period of November. Section 12. Training and Career Development Workshops Employees will be compensated in accordance with the Federal Fair Labor Standards Act and applicable City Policy for the time the employee attends training and career development workshops. Section 13. Travel and Mileage Employees shall be compensated in accordance with the Federal Fair Labor Standards Act and applicable City Policy for work related travel time. All employees who drive their own vehicle for City business will be paid upon request reimbursement in accordance with City policy for any mileage traveled at the rate set by the Internal Revenue Service. Section 14. Commercial Driver's License A. Employees in driving positions which require a CDL and who fail to comply with requirements of the State of Florida CDL program cannot continue to function in their driving positions. At such time as the employee can no longer drive vehicles required in his/her job classification because of his/her failure to comply with CDL requirements of the state, the City shall preclude the employee from driving the designated City vehicles. The employee shall have thirty (30) days in which to comply with the state CDL requirements or to obtain a transfer, demotion or promotion to a position not requiring CDL licensure. Such job change must be accomplished within the normal processes for transfer, demotion or promotion. Failure to obtain the appropriate license or, alternately, to obtain a transfer, demotion or promotion to a position not requiring the CDL shall result in the layoff of the employee. The City will reimburse regular, non -probationary employees for the cost of any CDL and endorsements required by the City, including any fees associated with obtaining such license or endorsements, provided the employee has submitted evidence of possession of the CDL in good standing along with a receipt identifying the costs incurred. Section 15. Parking The City will make an effort to provide parking for all employees. Section 16. Tuition Reimbursement Each member of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the City's Tuition Refund Program up to an amount of $2,500 per year for each fiscal year of this Agreement. 37 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A ARTICLE 10 INSURANCE Section 1. The City agrees to meet with the CWA representatives as necessary 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 CWA with such information as it has available which would be required to formulate such a benefit package and to cooperate with the CWA to obtain pertinent information from the present carrier. Section 2. The City agrees that for the calendar year occurring within the first year of the agreement, the City shall contribute toward the medical insurance premiums for employees and their dependents in the amount authorized for the plans approved by the City Commission. The City and Union agree to maintain the Benefits Committee recommendation process culminating in final action by the City Commission to determine medical insurance premiums for employees and their dependents for the duration of this Agreement. The City further agrees that during the life of the agreement, the City will make available to employees the option of at least one health insurance plan for which the City shall pay 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, and that such plan may include requirements or incentives as conditions for enrollment in the plan as determined by the outcome of the Benefits Committee process described above. 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. Section 3. The City shall pay the premiums for group life insurance for all bargaining unit members equivalent to one -and -one-half times the respective employee's annual base rate of pay, up to a maximum of $50,000 coverage. Section 4. Unemployment Insurance: The City shall participate in and provide employees with unemployment insurance as provided by law. Section 5. Workers Compensation Insurance: The City shall participate in and provide employees with Workers' Compensation Insurance as provided by law. Section 6. Social Security Insurance: The City shall provide all necessary employer contributions for social security insurance as provided by law for those employees ineligible to participate in the City's Pension Plan. Section 7. Liability Insurance: The City shall indemnify and defend members of the bargaining unit in any civil. action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged to have occurred while the employee was acting within the scope of their public employment or duties. Nothing in this section shall authorize the City to indemnify or defend any employee where the employee has acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The duty to defend or indemnify shall be conditioned upon (1) delivery to the City Attorney's Office the original or a copy of any summons, complaint, process, notice, demand or pleading within five days after the employee is served with such document; and (2) the full cooperation of the employee in the defense of such action or proceeding and in defense of any action or proceeding against the City based upon the same act or omission, and in the prosecution of any appeal. 38 Docusign Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1. No employee shall be disciplined except for just cause. Section 2. The City and the Union will continually review the Performance & Behavior Management Program (PBMP) at mutually convenient time periods in a cooperative manner. Section 3. Whenever the City or the Union proposes to amend any policy affecting the discharge and discipline of bargaining unit employees, the City or the Union shall provide notice and a copy of the proposed amendments to the other party at least 21 days in advance of a meeting. The Union and the City shall meet to reach consensus on any proposed changes. Section 4. An employee has a right to Union representation at any time a meeting may lead to formal discipline. The employee will be granted a minimum of two work days before the meeting to arrange for Union representation. Section 5. Development plans designed to address employee performance or behavior that does not meet established standards or expectations will be 6 months and may be extended up to an additional 6 months if deemed appropriate by the City. Employees shall be provided written acknowledgment of successfully completed development plans. ARTICLE 12 DRUG AND ALCOHOL POLICY The City's policy is to comply with the Drug Free Work Place Act and all federal and state laws regarding unlawful manufacturing, distribution, dispensation, use or possession of any controlled substance or illegal drug. Section 1. Voluntary use of controlled substances which cause intoxication or impairment on the job and poses risks to the employer, the affected employee, and their coworkers, is prohibited. Section 2. Annual Physical Employees in job classifications which require an annual or biannual physical may be required to submit to a drug screening as part of the annual physical examination. Section 3. City's Drug and Alcohol Program Policy The City's Drug and Alcohol Program Policy sets forth drug and alcohol test procedures. All bargaining unit employees are subject to the City's Drug and Alcohol Program Policy. Bargaining unit supervisors will be trained to recognize the symptoms of drug abuse, impairment, and intoxication. The City will permit two employees selected by the Union to attend such training class on City time. Revisions to the City's testing standards and job classification specifications shall be made as required by changes to laws or regulations of state or federal government or agencies. Union representatives 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 39 Docusign Envelope ID: 1 F303D5E-SOFA-82EB-8379-6D482FA4263A 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 this Agreement and to the extent provided by law. ARTICLE 13 RETIREMENT Section 1. The City agrees to send announcements of regularly scheduled meetings of the Board of Pension Trustees of the Employees' Pension Plan to the President of the Union. Section 2. A spokesman for the Union shall have the right to present the Union's views regarding the employees' pension plan either orally or in writing to the Board of Trustees once per year. Section 3. Notification of any change of benefits in the Employees' Pension Plan shall be given to the employees 60 days prior to any action taken. Section 4. The parties agree to bargain proposed changes in the City's Pension Plan at the same time that bargaining occurs for this agreement and successor agreements. Section 5. Vacation and Incentive to be Credited Toward Retirement A. Vacation Accumulation The amount of vacation accumulation shall not exceed 240 hours for the purpose of retirement date advancement. B. Special Incentive Days After 20 Years Upon the completion of a total of 20 years of consecutive service with the City, an employee who was employed by the City prior to October 1, 1990, shall be entitled to begin accumulating credit toward the awarding of incentive days for the purpose of retirement date advancement or lump sum payment only at the time of retirement which shall not exceed a total of 15 working days. No incentive days shall be provided to any employee hired by the City on or after October 1, 1990. The schedule for the accumulation of incentive days shall be as follows: Upon completion of 21 years of service 1 day Upon completion of 22 years of service 2 days Upon completion of 23 years of service 3 days Upon completion of 24 years of service 4 days Upon completion of 25 years of service 5 days Number of days which may be accumulated 15 days total Section 6. During the advancing of the retirement date through the use of sick leave, incentive days, and vacation leave, employees shall only accrue retirement credit and shall not accrue any other benefit, including but not limited to vacation leave, sick leave, insurance premiums, holidays, floating holidays, workers' compensation, salary increases, assignment pay, shift pay, allowances, reimbursements, special payments, or any other benefit. 40 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1. Seniority A. Seniority is defined as the length of continuous service in City employment. Seniority will continue to accrue during all types of leaves of absence with pay and other leaves where specifically provided in this Agreement. B. After successful completion of the initial probationary period, which is six months, seniority will revert to the date of employment. Seniority shall be used as a factor in consideration for promotion. When skills and qualifications are substantially equal, seniority shall prevail. C. Employees shall lose their seniority only as a result of the following: 1. Resignation. 2. Retirement. 3. Termination for Cause. 4. Failure to return from military leave within the time limit prescribed by law. D. Whenever there is a question as to which bargaining unit employee shall be allowed vacation for requests made outside of the established "vacation pick" process, days off, differential payments or hours of work, seniority shall prevail, provided skills and qualifications are substantially equal. Section 2. Layoffs A. An employee may be laid off by the City Manager in the manner provided herein when there is lack of work or funds, deletion of either full-time or part-time position, or material changes in duties or organization which require a reduction in personnel. No regular employee, however, shall be laid off while there are Emergency, Temporary, Seasonal, Probationary, or other non -regular status employees serving in the same job classification. A layoff is not considered discipline. The City will lay off employees in reverse order of their seniority, as provided in this Article. B. When the need arises for laying off either full-time or part-time regular employees in any department for any of the reasons enumerated in this Article, the order of layoff shall be determined by considering seniority, performance evaluation ratings, and time in job classification. It is specifically understood that layoffs will be conducted within the affected department in which the reduction in force occurs and shall not be conducted on a city-wide basis. Once the City has determined that selected job classifications will be eliminated in the affected department, the City will lay off employees in said classifications in reverse order of their City seniority. If City seniority is the same, the City will lay off employees in said classifications in reverse order of their performance evaluation ratings. If City seniority and performance evaluation ratings are the same, the City will lay off employees in said classification in reverse order of their time in job classification. If City seniority, performance evaluation ratings, and time in job classification are the same, the City will lay off employees in said classification in reverse order of their time in department. If City seniority, performance evaluation ratings, time in job classification, and time in department are the same, the layoff will be determined by a coin toss. When determining the order of layoffs for part-time employees, City seniority shall be defined by the number of completed continuous service hours. 41 Docusign Envelope ID: 1F303D5E-8OFA-82EB-8379-6D482FA4263A C. An employee who is designated to be laid off shall have the opportunity to revert to the classification he/she held prior to their current classification. If a vacant position exists within such employee's prior classification, the employee will be assigned to the vacant position. If no vacant position exists within such employee's prior classification, the employee will not revert to their prior classification and will be laid off. The provisions of this Article are based on the premises that the services of the affected employee have been satisfactory and are physically and mentally capable of efficiently discharging the duties of another position in the same or lower class. D. Names of regular employees who are laid off shall be placed on the re-employment list for the appropriate class for re-employment within one year thereafter when vacancies in the class occur. An employee who is eligible to have their name placed on a re-employment list may, on written request and with the approval of the Human Resources Director and the City Manager or designee, have their name also placed on re-employment lists for the same or lower classification requiring essentially the same or lesser qualifications within a class series or for other classes in which the employee previously had regular status. Names shall be placed on the re-employment list in the order of City seniority. E. The City shall attempt to provide employees being laid off with as much notice as practicable in order to encourage and assist employees to apply for other positions prior to lay off. Written notice of lay off shall be given at least 21 calendar days in advance of such layoffs. The Union President shall be furnished a copy of such notice. ARTICLE 15 DURATION, MODIFICATION AND TERMINATION This Agreement shall be effective upon ratification vote by the Union and approval by City Council and shall continue in full force and effect until September 30, 2028. At least 120 days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of its intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one year, and each year thereafter absent notification. This Agreement and the City's responsibilities under this Agreement shall terminate upon decertification of the Union or the suspension or revocation of the Union's certification by the Florida Public Employee Relations Commission. 42 Docusigi Envelope ID: 1 F303D5E-80FA-82EB-8379-6D482FA4263A IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 14th day of October , 20 26 . ATTEST: Y ; Rosemarie. Call, City lerk OF CLEARWATER d by: Approved as to form and correctness: Signed by:�,, LI CiItAMA SZJJA[o, DEUF913. Owen Kohler, City Attorney Ly„,„_Q-AxA/e Peivvi� er oirrier, City Manager Countersigned: ESigned by: bvigt, Atter 155oFuess2zIMF15... Bruce Rector, Mayor COMMUNICATIONS WORKERS OF AMERICA �—Signed b Steve Wisniewski, President, Local 3108 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A APPENDIX A Alphabetical Listing of Job Classifications Job Class Current Job Title Salary Range 3728 Account Collector I 3 3726 Account Collector II 5 3815 Accounting Tech I 4 3813 Accounting Tech II 6 3660 Air 'Conditioning Tech 9 3365 Aquatics Coordinator 5 3340 Arborist 9 3362 Beach Lifeguard I 2 3360 Beach Lifeguard II 4 3845 Billing Specialist I 5 3847 Billing Specialist II 6 3644 Building & Maint Supv I 11 3645 Building & Maint Supv II 12 3425 Building Inspector I 11 3432 Building Inspector II 12 3433 Building Inspector III 13 3434 Building Inspector IV 14 3423 Building Inspector Technician 7 3250 CAD & GIS Technician I 10 3875 CAD & GIS Technician II 12 3030 City Clerk Specialist 6 3445 Code Inspector I 9 3443 Code Inspector II 11 3882 Construction Inspector I 8 3880 Construction Inspector II 10 3615 Container Maintenance Worker 2 3245 Contracts & Procur Spec 6 3915 Custodial Worker 1 3840 Customer Service Rep I 2 3835 Customer Service Rep II 5 44 Docusign Envelope ID: 1F303D5E-8OFA-82EB-8379-6D482FA4263A Job Class Current Job Title Salary Range 3850 Customer Service Specialist 4 3724 Customer Service Trainer 7 3410 Development Review Tech I 8 3405 Development Review Tech II 9 3407 Development Review Tech III 11 3630 Electrical Supervisor 12 3651 Electrician Apprentice 3 3885 Engineering Technician 8 3255 Environmental Code Inspector 10 3700 Fire Apparatus Mechanic 8 3685 Fleet Buying Coordinator 9 3705 Fleet Mechanic 6 3680 Fleet Mechanic Supv 12 3690 Fleet Operations Trainer 7 3675 Fleet Parts Specialist 3 3740 Gas Operations Supervisor 15 3745 Gas System Specialist 13 3756 Gas Tech Apprentice 2 3755 Gas Technician I 4 3752 Gas Technician II 6 3750 Gas Technician III 9 3059 Graphic Designer I 8 3057 Graphic Designer II 10 3465 Industrial Electrician 11 3550 Industrial Prtrmt Inspector I 9 3548 Industrial Prtrmt Inspector II 11 3435 Inspections Specialist 16 3538 Lead Water Plant Operator 13 3558 Lead Wstwtr Trtmnt Plant Oper 13 3280 Library Assistant I 2 3275 Library Assistant II 4 3650 Licensed Electrician 9 45 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A Job Class , Current Job Title Salary Range 3470 Machinist / Fabricator 14 3910 Maintenance Worker 1 3900 Marine Facility Operator 2 5010 Marine Facility Operator PTP 2 3780 Marine Facility Supervisor 11 3695 Mechanic Fabricator 7 3722 Meter Reader I 1 3720 Meter Reader II 4 3187 Parking Attendant 1 3190 Parking Citation Assistant 2 3200 Parking Enforcement Spec 3 3195 Parking Enforcement Supervisor 10 3180 Parking Meter Technician 4 3175 Parking Supervisor 9 3925 Parking, Fac & Sec Aide 1 3330 Parks Heavy Equipment Operator 6 3302 Parks Service Supervisor I 8 3300 Parks Service Supervisor II 10 3309 Parks Service Technician I 1 3307 Parks Service Technician II 3 3305 Parks Service Technician III 5 3825 Payroll Tech I 6 3655 Plumber 9 3120 Police Aide 2 3115 Police Office Specialist 3 3110 Police Property Clerk 3 3105 Police Property Supv 9 3100 Police Records Clerk 6 3095 Police Records Specialist 7 3090 Police Records Supervisor 16 3085 Police Telecommunicator I 8 3082 Police Telecommunicator II 10 46 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A Job Class Current Job Title Salary Range 3080 Police Telecommunicator Supv 12 3370 Pool Lifeguard 1 3380 Rec Facilities Supp Custodian 2 3387 Recreation Coordinator I 5 3385 Recreation Coordinator II 7 3392 Recreation Leader I 1 3390 Recreation Leader II 3 3505 SCADA Specialist 15 3075 School Crossing Guard Coord 5 3185 Senior Parking Attendant 6 3665 Skilled Tradesworker I 4 3666 Skilled Tradesworker II 7 3667 Skilled Tradesworker III 9 3595 Solid Waste Accounts Coord 4 3601 Solid Waste Boom Crane Oper 4 3600 Solid Waste Equipment Oper 4 3591 Solid Waste Ops Supervisor 11 3592 Solid Waste Svc Supervisor I 8 3590 Solid Waste Svc Supervisor II 11 3602 Solid Waste Technical Oper 4 3620 Solid Waste Worker I 1 3610 Solid Waste Worker II 3 3800 Staff Assistant I 3 3130 Storeskeeper 3 3155 Stormwater Heavy Equip Oper 6 3150 Stormwater Supervisor I 9 3148 Stormwater Supervisor II 13 3169 Stormwater Technician I 4 3167 Stormwater Technician II 6 3165 Stormwater Technician III 8 3315 Streets & Sidewalks Supervisor 9 3323 Streets & Sidewalks Tech I 4 47 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A Job Class Current Job Title Salary Range 3321 Streets & Sidewalks Tech II 6 3319 Streets & Sidewalks Tech III 8 3240 Survey Assistant I 3 3235 Survey Assistant II 5 3230 Survey Crew Leader 8 3210 Traffic Engineering Assistant 4 3215 Traffic Operations Supervisor 12 3220 Traffic Sign & Marking Tech I 5 3221 Traffic Sign & Marking Tech II 10 3225 Traffic Signal Tech I 8 3226 Traffic Signal Tech II 10 3227 Traffic Signal Tech III 11 3605 Transfer Station/scales Oper 4 3345 Tree Trimmer 3 3480 Utilities Electronics Tech 9 3474 Utilities Lead Mechanic 10 3462 Utilities Maint Supervisor I 13 3460 Utilities Maint Supervisor II 15 3475 Utilities Mechanic 7 3765 Utility Dispatcher I 2 3760 Utility Dispatcher II 3 3670 Warehouse Supv 8 3492 Wastewater Coll Supervisor I 13 3490 Wastewater Coll Supervisor II 15 3500 Wastewater Coll Tech I 3 3497 Wastewater Coll Tech II 8 3495 Wastewater Coll Tech III 10 3525 Water Distr Oper Trainee 3 3512 Water Distrib Supervisor I 13 3510 Water Distrib Supervisor II 15 3520 Water Distribution Oper I 8 3515 Water Distribution Oper II 11 48 Docusign Envelope ID: 1F303D5E-80FA-82EB-8379-6D482FA4263A Job Class Current Job Title , Salary Range 3540 Water Plant Oper A 12 3542 Water Plant Oper B 10 3545 Water Plant Oper C 8 3546 Water Plant Operator Trainee 3 3503 Water Quality Technician 8 3625 Welder/manufacturer 5 3560 Wstwtr Trtmnt Plant Oper A 12 3562 Wstwtr Trtmnt Plant Oper B 10 3565 Wstwtr Trtmnt Plant Oper C 8 3570 Wstwtr Trtmnt Plant Oper Trn 3 3553 Wtr/wstwtr Trmt Plant Chief Op 15 49 Docusign Envelope ID: 1F303D5E-8OFA-82EB-8379-6D482FA4263A APPENDIX B Pay Range Tables FY 2026-27 80 Annual Hours — Pay Grades 1 through 22 Salary Range FY 27 Annual Min FY 27 Annual Max 1 $38,899.41 $62,239.28 2 $40,844.45 $65,351.12 3 $42,886.55 $68,618.91 4 $45,031.08 $72,049.80 5 $47,282.51 $75,652.28 6 $49,646.77 $79,434.75 7 $52,128.97 $83,406.53 8 $54,735.51 $87,577.00 9 $57,472.22 $91,955.98 10 $60,345.99 $96,553.57 11 $63,363.10 $101,381.19 12 $66,531.36 $106,450.11 13 $69,857.66 $111,772.78 14 $73,350.61 $117,361.34 15 $77,018.32 $123,229.44 16 $80,869.29 $129,390.95 17 $84,912.85 $135,860.48 18 $89,158.34 $142,653.47 19 $93,616.13 $149,786.08 20 $98,297.05 $157,275.37 21 $103,211.89 $165,139.11 22 $108,372.58 $173,396.05 75 Annual Hours — Pay Grades 1 through 13 Salary Range FY 27 Annual Min FY 27 Annual Max 1 — 2 $38,291.70 $61,266.77 50 Docusign Envelope ID: IF3O3D5E-8OFA-82EB-8379-6D482FA4263A Salary Range FY 27.Annual Nin . FY 27 Annual Max 3 $40,206.18 $64,330.36 4 $42,216.66 $67,546.71 5 $44,327.38 $70,924.03 6 $46,543.93 $74,470.02 7 $48,871.06 $78,193.69 8 $51,314.61 $82,103.27 9 $53,880.15 $86,208.56 10 $56,574.32 $90,518.86 11 $59,402.94 $95,044.76 12 $62,373.18 $99,796.88 13 $65,491.67 $104,786.88 51 Docusign Envelope ID: IF3O3D5E-8OFA-82EB-8379-6D482FA4263A APPENDIX C Civil Service Appeal Procedure This Appendix establishes the civil service appeal procedure available to bargaining unit employees, as referenced in Article 6, Section 4. A bargaining unit employee has the option of utilizing the civil service appeal procedure in this Appendix or the grievance procedure in Article 6. Such employee is precluded from availing himself or herself to more than one of these procedures. Section 1. This procedure has been established for civil service appeals of discipline. A bargaining unit employee who is suspended, demoted, or dismissed may file, within 15 calendar days of notification, a written response to the City Manager. The written response must contain a concise written statement of the facts alleged to support the civil service appeal. A copy of the employee's written response shall be filed with the Human Resources Director. If the City Manager or designee should accept the employee's response, the disciplinary action will be withdrawn or amended. The employee will receive written notice of such action within 15 calendar days from the date of receipt of the employee's written response. A copy shall be filed with the Human Resources Director. If the City Manager or designee denies the employee's response, the employee shall be notified of the denial in writing within 15 calendar days from the date of receipt of the employee's written response. A copy shall be filed with the Human Resources Director. Section 2. A bargaining unit employee may appeal the denial by filing a written request for appeal with the Human Resources Director. Any such request must be filed with the Human Resources Director within 15 calendar days from the date the employee receives the City Manager or designee notice of denial. If the employee neglects to file a written response or request for appeal within the prescribed time limits of this Appendix C, the original order of the City Manager or designee is final and not subject to further appeal. Entrance probationary employees shall not have access to the civil service procedure during the probationary period. Section 3. The City shall have authority as permitted by statute to contract with the state division of administrative hearings to provide a hearing officer. Section 4. It shall be the duty of the hearing officer to review employee appeals relating to discipline, determine whether the discipline was appropriate, and issue a final order. Section 5. During the formal hearing, the appealing employee and City shall have the right to be heard publicly, to be represented by a person of their choice, and to present evidentiary facts. Section 6. At the hearing of such appeals, the technical rules of evidence shall not apply. The hearing officer shall have the power to administer oaths, issue subpoenas, compel the production of books, papers and other documents and receive evidence. The hearing officer shall utilize a procedure similar to that set forth in F.S. §§ 120.569 and 120.57. The hearing officer shall have no authority to award attorney's fees or costs to the prevailing party. Section 7. All final orders prepared by the hearing officer shall conform with the requirements for such orders as set forth in F.S. §§ 120.569 and 120.57. The hearing officer shall then transmit the final order composed of findings of fact, conclusions of law, and disposition to the City Manager. Section 8. Following receipt of the final order prepared as provided in this Appendix, the City Manager shall be bound to accept the final order unless the City Manager shall seek further judicial review as set forth in Section 9. Section 9. Any party adversely affected shall have the right to have the administrative proceeding reviewed by filing a petition for certiorari with the circuit court of Pinellas County as provided by Rule 9.100 of the Florida Rules of Appellate Procedure, as may be amended. 52