HomeMy WebLinkAboutResolution_07-03/04_10/06/2003• RESOLUTION N0.07-03/04
II A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING A THREE-YEAR COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE VILLAGE OF
TEQUESTA AND THE FRATERNAL ORDER OF POLICE
(FOP), EFFECTIVE OCTOBER 1, 2003, AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE THE CONTRACT ON
BEHALF OF THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1: Consideration to approve athree-year collective bargaining agreement
between the Village of Tequesta and the Fraternal Order of Police (FOP), effective
October 2003, attached hereto as Exhibit "A" and incorporated by reference as part of
this Resolution is hereby approved, and the Village Manager is authorized to execute
the applicable contract on behalf of the Village of Tequesta.
THE FOREGOING RESOLUTION WAS OFFERED by Council Member
• Capretta, who moved its adoption. The motion was seconded by Council Member
Watkins, and upon being put to vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Edward D. Resnik
Russell J. von Frank
Joseph N. Capretta
Geraldine A. Genco
Pat Watkins
The Mayor thereupon declared the Resolution duly passed and adopted this 6`h day
of October, A.D. 2003.
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Mayor Edward D. Resnik
ATTEST:
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Acting Village Clerk Betty Laur
To: Michael Couzzo
Village Manager, Village Of Tequesta
From: Michael Morrill and Joseph Petrick
Fraternal Order of Police, Bargaining Unit Representatives
Subject: Contract Ratification between the Village Of Tequesta and
Fraternal Order of Police, Florida State Lodge Tequesta Unit
Date: September 27, 2003
Sir,
On Friday September 26, 2003 at approximately 1600 hours, the
ballots were counted by the Joe Petrick, Jason Fleming and I
concerning the ratification of the contract offered by the Village of
Tequesta covering the years 2003 to 2006. We are very pleased to
inform you that the contract was accepted with over 90 percent support.
• We would like to formally thank you. for the opportunity to meet,
discuss and reach an agreement over terms and conditions of
employment for the members of police department. Furthermore, we
would like to thank Dan Gallagher and Chief of Police Stephen Allison
for their roll in getting this agreement to a conclusion.
I am eaclosing a copy of the contract as agreed to with each page
initialed by both Joe Petrick and myself, as proof of the document
agreed to.
We look forward hearing the Village Council has accepted the
agreement as written and we will set a meeting to formally sign the
document.
Thank you again and we look forward to the same positive spirit of
cooperation in future!
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Sincerely
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Michael Morrill Joseph Petrick
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AGREEMENT
BETWEEN
VILLAGE OF TEQUESTA
AND
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
COLLECTIVE BARGAINING AGREEMENT
2003 -- 2006
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Revised 9/23/2003
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TABLE OF CONTENTS
Article No. Page No.
PREAMBLE .....................................................................................................................1
ARTICLE 1 ......................................................................................................................2
RECOGNITION ............................................................................................................ 2
ARTICLE 2 ...................................................................................................................... 3
REPRESENTATIVES OF PARTIES ............................................................................. 3
FOR BARGAINING PURPOSES .................................................................................. 3
ARTICLE 3 ...................................................................................................................... 4
MANAGEMENT RIGHTS .............................................................................................. 4
ARTICLE 4 ...................................................................................................................... 5
NON DISCRIMINATION ............................................................................................... 5
ARTICLE 5 ...................................................................................................................... 6
GRIEVANCE PROCEDURE .........................................................................................6
ARTICLE 6 .....................
...............................................................................................10
NO STRIKE ........................................................................:.......................................10
ARTICLE 7 ....................................................................................................................11
DISCIPLINE ................................................................................................................11
ARTICLE 8 ....................................................................................................................12
COURT ATTENDANCE ..............................................................................................12
ARTICLE 9 ....................................................................................................................13
RECALL PAY ..............................................................................................................13
ARTICLE 10 ..................................................................................................................14
HOURS OF WORK AND OVERTIME ........................................................................14
ARTICLE 11 ..................................................................................................................15
UNIFORM ALLOWANCE ...........................................................................................15
ARTICLE 12 ..................................................................................................................16
WAGES ......................................................................................................................16
ARTICLE 13 .........................:........................................................................................18
SPECIAL DUTY COMPENSATION ............................................................................18
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TABLE OF CONTENTS
Article No. Paue No.
ARTICLE 14 ..................................................................................................................19
INSURANCE ...............................................................................................................19
ARTICLE 15 ..................................................................................................................20
SICK LEAVE ...............................................................................................................20
ARTICLE 16 ..................................................................................................................22
HOLIDAYS ..................................................................................................................22
ARTICLE 17 ..................................................................................................................24
VACATIONS ................... ............................................................................................23
ARTICLE 18 ..................................................................................................................24
BEREAVEMENT LEAVE ............................................................................................24
ARTICLE 19 ...................... ............................................................................................25
• DUTY DISABILITY LEAVE .........................................................................................25
ARTICLE ZO ..................................................................................................................28
PROMOTIONS ...........................................................................................................28
ARTICLE 21 ..................................................................................................................30
SENIORITY AND LAYOFF .........................................................................................30
ARTICLE 22 ..................................................................................................................31
SAFETY ......................................................................................................................31
ARTICLE 23 ..................................................................................................................32
PERSONAL EQUIPMENT ..........................................................................................32
ARTICLE 24 ..................................................................................................................33
BULLETIN BOARD .....................................................................................................33
ARTICLE 25 ..................................................................................................................34
FOP TIME POOL ........................................................... .............................................34
ARTICLE 26 ..................................................................................................................35
PHYSICAL FITNESS AND MEDICAL EXAMINATIONS ............................................35
• ARTICLE 27 ..................................................................................................................36
WORK RULES ...........................................................................................................36 ~'\
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TABLE OF CONTENTS
Article No.
Page No.
ARTICLE 28 ..................................................................................................................37
RETIREMENT ............................................................................................................37
ARTICLE 29 ..................................................................................................................38
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES .................38
ARTICLE 30 ..................................................................................................................39
DURATION, MODIFICATION AND TERMINATION ...................................................39
EXHIBIT A .....................................................................................................................40
F.O.P. /VILLAGE OF TEQUESTA GRIEVANCE FORM ...........................................40
EXHIBIT B ..................................................................................................42
EVALUATION FORM ..................................................................................42
EXHIBIT C ..................................................................................................43
EVALUTAION GUIDE LINES .......................................................................43
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PREAMBLE
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This Agreement is entered into between the Village of Tequesta, Florida, ("Village"),
and the Florida State Lodge, Fraternal Order of Police ("FOP").
It is the intent and purpose of this Agreement to ensure a sound and mutually beneficial
relationship between the parties and to set forth agreement between the parties
concerning wages, hours and other terms and conditions of employment.
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ARTICLE 1
RECOGNITION
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The Village recognizes the Florida State Lodge, Fraternal Order of Police ("FOP") as
the exclusive bargaining representative, as defined in Chapter 447, Florida Statutes, as
amended, for full-time employees employed in the Unit defined by the Public
Employees Relations Commission, in Certification No. 796.
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ARTICLE 2
REPRESENTATIVES OF PARTIES
FOR BARGAINING PURPOSES
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The Village agrees that during the term of this Agreement it will deal only with the
authorized representatives of the FOP in all matters involving wages, hours, and terms
and conditions of employment or other official action called for by the Agreement.
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The FOP likewise agrees that during the term of this Agreement, the FOP and the
employees covered hereunder shall deal only with .the Village Manager or his
representatives in matters involving wages, hours, and terms and conditions of
employment or other action.
Section 3:
Upon request by one party, the other party shall provide, in writing, the name(s) of its
representatives(s) within three (3) days of such request.
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ARTICLE 3
MANAGEMENT RIGHTS
Subject to the specific provisions of this Agreement, the parties agree that the Village
has and will continue to retain the right to operate and manage its affairs in all respects;
and the powers or authority which the Village has not officially abridged, delegated or
modified by the express provisions of this Agreement are retained by the Village.
The rights of the Village through its management officials shall include, but shall not be
limited to, the right to determine the organization of Village government; to determine
the purpose for each of its constituent departments; to alter. or amend work rules or
regulations; to exercise control and discretion over the organization and efficiency of
operations of the Village; to set standards for service to be offered to the public; to
direct the employees of the Village, including the right to assign work and overtime; to
hire, examine, classify, promote, train, transfer, schedule and assign; to suspend,
demote, discharge, or take other disciplinary action against employees for just cause; to
increase, reduce, change, subcontract, modify or alter the composition and size of the
work force, including the right to relieve employees from duties because of lack of work
or funds; to determine the locations, methods, means and personnel by which
operations -are to be conducted, including the right to determine whether goods or
services are to be made or purchased; to establish, modify, combine or abolish
positions; to establish, change or eliminate existing methods of operation, equipment or
facilities, and to establish, implement and maintain an effective internal ,security
program. The Village has the authority to determine its purpose and mission and to
prepare and submit budgets.
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ARTICLE 4
NON DISCRIMINATION
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The Village and the FOP specifically agree that the provisions of this Agreement shall
be equally applicable to all full-time employees covered herein without regard to
membership or non-membership in a labor organization, as provided by law.
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ARTICLE 5
GRIEVANCE PROCEDURE
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Section 1:
A grievance shall be defined as a dispute over the interpretation or application of the
provisions of this Agreement.
Section 2:
Should the Village wish to pursue a grievance, such grievance must be presented to the
FOP for a response. The FOP shall have ten (10) working days in which to submit a
written response. The Village may appeal the FOP's response to arbitration pursuant to
Step 3 of the procedure below.
Section 3:
Probationary employees (new employees with less than one (1) year of continuous
service) shall not have access to the grievance procedure to challenge discipline or
discharge.
Section 4:
If grievance matters must be attended to during normal working hours, it will be done so
as to cause a minimum of interference with law enforcement services. At steps one and
two of the grievance procedures below, the aggrieved employee who filed the grievance
will be paid for attendance at grievance meetings called by the Village occurring at a
time the employee would otherwise have been working for the Village.
Section 5:
Should any grievance arise the parties shall attempt to settle such grievance promptly
through the following steps:
Step 1.
The aggrieved employee, with or without FOP representation, shall
present in writing the grievance to the Department Head within ten (10)
working days of the occurrence of the alleged grievance or of the time
the aggrieved employee knew or should reasonably have known of the
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occurrence of the event leading to the grievance. The written
grievance will be submitted on an approved form and include the
following information:
(a) the employee's name, signature, and mailing address;
(b) date of alleged incident giving rise to the grievance;
(c) all known relevant information concerning the grievance;
(d) Article and Section of the Agreement allegedly violated; and
(e) relief sought by the employee.
A copy of the approved form is attached hereto as Exhibit "A."
The Department Head shall investigate the grievance and respond
within ten (10) working days following receipt of the grievance, via
Certified Mail -Return Receipt Requested. At his discretion, the
Department Head may meet with the aggrieved employee as part of
his investigation.
At his discretion, the aggrieved employee may be accompanied in any
grievance proceeding by a FOP representative.
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Step 2. If the grievance is unresolved after Step 1, then the aggrieved
employee, with or without FOP representation, may submit the
grievance, in writing, along with the response at Step 1 to the Village
Manager, within ten (10) working days of the time the Step 1 response
was resolved by the. aggrieved employee.
The Village Manager shall respond in writing, via Certified Mail -
Return Receipt Requested, within ten (10) working days- of his receipt
of the grievance.
Step 3. Either party desiring to seek arbitration must notify the other party
within ten (10) working days of the decision of the Village Manager in
Step 2 or, in the case of a Village grievance, within ten (10) working
days of the FOP's response.
Within ten (10) working days of notifying the other party of its intent to
seek arbitration, the party requesting arbitration shall request from the
Federal Mediation and Conciliation Service a list of five (5) names of
qualified arbitrators.
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After receipt of such a list, representatives of the Village and the FOP
shall each strike two (2) names from the list in alternating fashion. The
party requesting arbitration shall strike first until only one name
remains on the list. The arbitrator whose name remains shall be
selected and notified by the parties.
The decision of the arbitrator shall be final and binding on both parties,
except as provided by law pursuant to Chapter 682, Florida Statutes,
or the circuit court finds that the arbitrator's decision is clearly
erroneous or in violation of public policy.
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Section 6:
The costs of the arbitrator shall be borne by the losing party. Each party shall bear the
cost of its own representatives and witnesses. If a transcript of the hearing is made, any
party desiring a copy of the #ranscript shall pay its proportionate share.
Section 7•
The arbitrator shall have no power to alter, add to, modify, amend or subtract from the
terms of this Agreement.
Section 8:
Grievances involving or affecting more than one member of the bargaining unit may be
filed collectively.
Section 9:
For the purpose of this Article, the term "working days" shall be interpreted as Monday
through Friday. Saturday, Sundays and days designated as holidays shall be excluded.
By mutual agreement of both parties, in writing, time frames may be extended during
any Step of the grievance process.
Section 10:
• In any grievance involving issues of back wages, benefits, or any other issue involving
continuing money damages, the arbitrator shall not be empowered to award damages
occurring before the date the grievance was flied retroactive to a date more than 10 ~~
(ten) working days prior to the filing of a grievance. ~~
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Section 11:
In keeping with the intention of the parties to resolve disputes in an informal manner,
prior to filing an unfair labor practice charge with the Public Employees Relations
Commission over an alleged unilateral change in wages, hours, or terms and conditions
of employment, the FOP will provide written notice to the Village Manager of the alleged.
unilateral change and give the Village ten (10) working days to rescind the alleged
change and, if not a term of this Agreement, request bargaining with the Union.
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ARTICLE 6
NO STRIKE
"Strike" means the concerted failure to report for duty, the concerted absence of
employees from their positions, the concerted stoppage of work, the concerted
submission of resignations, the concerted abstinence in whole or in part by any group of
employees from the full and faithful performance of their duties of employment with the
Village, participation in a deliberate and concerted course of conduct which adversely
affects the services of the Village, picketing or demonstration in furtherance of work
stoppage, either during the term of or after the expiration of a collective bargaining
agreement.
Neither the FOP, nor any of its officers, agents and members, nor any FOP members,
covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any
strike, sympathy strike, slow down, sick out, concerted stoppage of work, illegal
picketing, or any other interruption of the operations of the Village.
Each employee who holds a position with the FOP occupies a position of special trust
• and responsibility in maintaining and bringing about compliance with this Article and the
strike prohibition in Section 447.505, Florida Statutes and the Constitu#ion of the State
of Florida, Article I, Section 6. Accordingly, the FOP, its officers, stewards and other
representatives agree that it is their continuing obligation and responsibility to maintain
compliance with this Article and the law, including their responsibility to abide by the
provisions of this Article and the law by remaining at work during any interruption which
may be initiated by others; and their responsibility, in event of breach of this Article or
the law by other employees and upon the request of the Village, to encourage and
direct employees violating this Article or the law to return to work, and to disavow the
strike publicly.
Any or all employees who violate any provisions of the law prohibiting strikes or of this
Article may be dismissed or otherwise disciplined by this Village.
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ARTICLE 7
DISCIPLINE
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The Village recognizes its rights and obligations under the Police Officer Bill of Rights,
Section 112.532 et. seq„ Florida Statutes, as amended.
Whenever a unit member is the subject of an internal affairs investigation and is subject
to interrogation or interview by members of his agency for any reason which could lead
to disciplinary action, such as demotion, suspension or discharge, such interrogation or
interview shall be conducted in accordance with Section 112.532(1).
The Village and the FOP hereby agree to abide by Section 112.533 relative to the
receipt and processing of complaints from any person.
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ARTICLE 8
COURT ATTENDANCE
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An off-duty employee shall receive pay for a minimum of two (2) hours (overtime or
straight time, whichever is applicable) for his/her first two (2) hours of court or
deposition when subpoenaed to appear in matters relating to the Village. After two (2)
hours of actual time in court, the employee shall continue to receive compensation for
actual time until released for the day.
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ARTICLE 9
RECALL PAY
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Section 1:
Except as provided in Section 2, an employee who is recalled to duty shall be
compensated at a rate of 1-1/2 times for the actual hours worked or a minimum of two
(2) hours, whichever is greater. Recalled to duty shall be defined as a Unit member
having gone off-duty after completing his/her shift, but prior to returning for next
regularly scheduled shift.
Section 2:
Employees who are requested to provide early relief of a scheduled shift shall only be
compensated for the actual time worked. Under this circumstance, the minimum hours
worked provisions do not apply.
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ARTICLE 10
HOURS OF WORK AND OVERTIME
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Section 1:
The normal work period of Police Department Employees shall be fourteen (14) days.
The normal work hours in a work period shall consist of eighty (80) hours.
The Village shall pay overtime at the rate of time and one-half (1-1/2) for all hours
worked in excess of eighty (80) hours within any one work period except as otherwise
provided in Article 15, Holidays.
For the purpose of computing hours worked, holiday pay, off-duty employment as
established by ordinance and collective bargaining pursuant to Article 25 of this
Agreement shall not be included.
Section 2:
Work schedules of Detectives may be adjusted on a daily basis as the needs of the jab
require.
Work schedules may be adjusted to facilitate Department needs, including training,
certification and special details. When feasible, three (3) days notice of a change in a
regular work schedule will be given.
Section 3•
Employees may receive overtime compensation in the form of pay or time off. An
employee may not accumulate more than an aggregate total of eighty (80) hours of
time under this Article and Article 15, Holidays, combined. Compensatory time accruals
may be requested for use in minimum one (1) hour increments.
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ARTICLE 11
UNIFORM ALLOWANCE
Section 1:
Uniform Allowance. The Village agrees to provide uniforms pursuant to applicable
policies of the Police Department Policies and Procedures Manual approved by the
Village Manager. Unit members agree to abide by the said policies pertaining to
uniforms and clothing within the Police Department Policies and Procedures Manual.
The Village shall also provide an annual cleaning allowance of $425.00 to all members
of the Bargaining Unit, a shoe allowance of $100.00 per year to all Unit members, and a
clothing allowance of $575.00 per year to Detectives pursuant to applicable policies of
the Police Department Policies and Procedures Manual approved by the Village
Manager.
Cleaning, clothing and shoe allowances payable under this Article shall be paid minus
applicable withholding taxes in the first regular paycheck following ratification of this
• Agreement and the first pay period of the fiscal year for subsequent Contract years
thereafter, except that cleaning allowances shall be paid in one-half increments twice
per year, the second payment coming six (6) months after the first.
First year employees shall receive pro-rated allowances based on the number of
months remaining in the fiscal year in which they were hired.
Employees who are paid a cleaning allowance under this Article and who terminate
employment prior to the end of the fiscal year shall have their final paycheck reduced
by an amount equal to the pro rated share of the allowance for the remaining months of
the fiscal year.
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ARTICLE 12
WAGES
Section 1:
Effective October 1, 2003, the starting pay for Unit Members shall be as follows:
Police Officer: $34,695.75 minimum.
Patrol Sergeant: $42,704.00 minimum.
Section 2:
Effective October 1, 2003, Unit Members shall receive performance
reviews within thirty (30) days pursuant to the Village's Performance
Planning and Review -system ("Performance Review"). Evaluations shall
be conducted on a satisfactory/unsatisfactory basis.
• 2. Subject to paragraph 3, if a Unit Member receives a "satisfactory"
evaluation, the Unit Member will be eligible to receive a three percent
(3%) salary increase. Any Unit Member receiving an "unsatisfactory"
evaluation shall not be entitled to any salary increase for a period of ninety
(90) days and will be placed on probation until such time as determined by
the Unit Member's supervisor. At the conclusion of the ninety (90) day
period, the Unit Member will be re-evaluated and, if he or she receives a
satisfactory evaluation, the Unit Member will be eligible for a three percent
(3%) salary increase. In addition, to be eligible to receive the three
percent (3%) increase, the Unit Member must have been continuously
employed by the Village for the six month period immediately preceding
October 1 of each fiscal year.
3. Effective October 1, 2003, Unit Members shall receive a one and one-half
percent (1 '/2 %) cost of living salary increase, in addition to an increase
received pursuant to paragraphs 1 and 2, above.
4. In fiscal years beginning October 1, 2004 and October 1, 2005, the parties
will re-open this article during the month of March preceding the beginning
of each fiscal year.
5. The issue of longevity will be opened during the month of March 1, 2004.
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Section 3:
Any employee may appeal their performance review to the Chief of Police, in writing,
within five (5) days of receipt of the performance review by the employee. If the
employee is not satisfied with the decision of the Chief of Police, the employee may
request a meeting with the Chief to discuss the performance review. At such meeting,
the employee may be represented by one of the designated employee Bargaining Unit
Representatives. If no agreement is reached during the meeting with the Chief of
Police, the employee shall have the right to have a meeting with the Village Manager
and may be represented by one of the designated employee Bargaining Unit
Representatives. The decision of the Village Manager shall be final and binding and
shall be completed within fifteen (15) working days after the meeting between the
employee and the Village Manager. If the evaluation is revised and a merit increase
warranted, the raise shall be implemented retroactively to the employee's evaluation
date. The appeal provisions contained herein shall not be applicable to any
performance evaluation rendered to an employee while said employee is on
probationary status.
• Section 4:
Nothing in this Article shall require the payment of any wage increase after
September 30, 2006, unless such increases result from bargaining after the timely
reopening of this Article as provided in Article 30, Duration.
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ARTICLE 13
SPECIAL DUTY COMPENSATION
Section 1:
Temporary Reassignment To Supervisor: Any Officer temporarily assigned to a
supervisory position shall receive a pay differential of five percent (5%). Assignments
will be made by seniority.
Section 2:
An officer assigned to the Detective/Investigations Division shall receive a pay
differential of 5%.
Section 3:
An officer assigned as a Field Training Officer ("FTO") shall receive a pay differential of
five percent (5%) during the time spent as a FTO.
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ARTICLE 14
INSURANCE
Section 1:
A. The following provisions shall remain in effect until September 30, 2004:
The Village agrees to pay one hundred percent (100%) of the Unit
Member's current cost of health insurance, as determined by the Village.
2. The Village agrees to pay seventy five percent (75%) of the cost of
dependant health insurance coverage for those Unit Members who elect
such coverage. Unit Members who elect coverage will pay the remaining
twenty five percent (25%) by payroll deduction.
(a) The Village agrees to pay one hundred percent (100%) of the
employee cost of dental insurance.
(b) Unit Members will pay one hundred percent (100%) of the cost of
dental insurance for dependents if the Unit Member elects such
coverage by payroll deduction.
3. The Village will provide life insurance for employees at one and one-half
(1 '/z) times their annual salary, plus an additional Five Thousand Dollars
($5,000.00).
4. The Village may alter coverage provided in this Article. For example, the
Village may convert to a Preferred Provider Organization (PPO) plan
effective upon the first day of any month with twenty-eight (28) days notice
to the unit members. Any alteration in coverage pertaining to this Article is
subject to negotiation within said twenty-eight (28) day period. The Village
may implement its decision prior to reaching agreement or impasse
resolution concerning the impact at issue relative to altering any coverage
provided in this Article.
B. For fiscal years beginning October 1, 2004 and October 1, 2005, the parties
agree to re-open this article during the month of September immediately
preceding the beginning of each fiscal year to renegotiate the payment of health
insurance premiums.
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ARTICLE 15
SICK LEAVE
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Section 1:
Regular employees shall accrue sick leave at the rate of one (1) day of sick leave for
each month continuous employment. Sick leave is a benefit that protects employees
from losing wages due to illness, and is not intended to be used simply because it is
available.
Sick leave shall be retroactive to the initial date of hire upon satisfactorily completing
the initial employment probation and attaining regular employee status.
Section 2: Sick Leave Accrual. Sick leave may be accrued to a maximum of 200
days (1600 hours). However, sick leave accrual shall be reduced ten percent (10%)
each fiscal year as follows:
1. Effective October 1, 2004, 180 days (1440 hours);
2. Effective October 1, 2005, 162 days (1296 hours).
Sick leave shall not accrue during leaves of absence without pay or suspensions
without pay.
For absences of more than three (3) days, the Village may request, at its discretion, a
qualified doctor's note indicating the illness of the unit member and verifying the amount
of sick leave taken was necessary based upon the unit member's illness. "Qualified
doctor" shall be a duly licensed doctor of medicine. The Village has the right, at its sole
discretion, to verify that unit members are using sick leave for the purpose for which it is
provided.
Full-time unit members may use sick leave when ill, when the full-time unit member has
a doctor's appointment, but not to exceed the extent of time required to complete such
appointments, or when an immediate family member (spouse, child, or parent) is ill, and
to supplement Workers' Compensation temporary disability benefits as a result of an
on-the job injury in an amount sufficient to equal the employee's regular rate of pay
during the period of temporary disability, provided however such supplementary
benefits shall not be paid in excess of the accrued sick leave credited to the employee.
Use of sick leave to care for an immediate family member shall require the prior
approval of the full-time unit member's Department Head.
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Family and Medical Leave Act (FMLA) shall run concurrently with employee sick leave
usage for absences in excess of three (3) days. Earned sick leave accruals must be
exhausted prior to taking an unpaid medical leave of absence.
Section 3:
Upon separation from the Village, with
employee's control, the employee shalt be
the following schedule.
proper notice, or for reasons beyond the
paid for his accrued sick leave according to
YEARS OF
EMPLOYMENT
PERCENT OF ACCRUAL
PAID TO EMPLOYEE
One (1) through Four (4) 25 Percent
Five (5) through Nine (9) 33 Percent
Ten (10) through Nineteen (19) 40 Percent
Twenty (20) or more 50 Percent
Section 4: Sick Leave Buy Back. Effective December 1 of each fiscal year, any Unit
Member who has been continuously employed for at least twelve (12) months and who
has an accrued sick leave balance of 480 hours, and who has taken no more than 40
hours of sick leave during the twelve (12) month period immediately preceding
December 1 of each fiscal year, may surrender 40 hours for cash payment at one
hundred percent (100%) of their current hourly rate. Any additional eligible hours may
be redeemed at fifty percent (50%) of their current hourly rate. However, Unit Members
must have at least 360 hours of sick leave remaining after surrendering sick leave for
cash payment to be eligible to buy back sick leave under these provisions.
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ARTICLE 16
HOLIDAYS
Section 1:
Unit members shall receive the following paid holidays: New Year's Day, Martin Luther
King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's
Day, Thanksgiving Day, day after Thanksgiving, day before Christmas Day, Christmas
Day, day before New Year's.
Unit members who work on a holiday defined above, shall receive one and one-half
(1-1/2) times their regular rate of pay and eight (8) hours of holiday pay (i.e., at their
regular rate). The one and one-half times the regular rate of pay shall not apply unless
the Unit member has actually worked three (3) or more hours. In calculating the hours
worked, the minimum hours worked provisions of Article 9, Section 1, shall not apply,
only actual hours worked shall apply.
Unit members whose regularly scheduled day off falls on a holiday shall receive eight
• (8) hours of holiday pay.
In no event shall a Unit member receive in excess of eight (8) hours of holiday pay for
any recognized Village holiday.
Section 2:
Unit members shall receive three paid personal days per calendar year, which, if not
taken during that year, shall no longer be available to the Unit member for utilization.
Section 3:
Employees may elect to take compensatory time off in lieu of holiday pay. Such time
credited under this Article and Article 10, Hours of Work and Overtime, shall not exceed
a combined total of eighty (80) hours. Such time may be requested for use in minimum
one (1) hour increments.
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ARTICLE 17
VACATIONS
Section 1:
Vacation leave is accrued at the following rate upon the anniversary of a full-time unit
members date of hire as follows:
DATE OF HIRE
ANNIVERSARY
ANNUAL VACATION
LEAVE ACCRUAL
Zero (0}through Four (4)
Five (5) through Nine (9)
Ten (10) or more
80 hours
120 hours
160 hours
• The employee shall earn vacation leave throughout the year. An employee is eligible for
vacation leave with pay after having successfully completed his or her initial six months
probation review. Vacation hours are accrued on asemi-annual basis during the initial
probation review period (lump sum), and will continue to be earned throughout regular
employment, credited at 1/26 of the employee's annual allotment each pay period.
The maximum carry-over under this Article is 40 days (320 hours). Vacation leave may
be requested for use in minimum four (4) hour increments.
Vacation leave shall not accrue during leaves of absence without pay or suspensions
without pay.
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ARTICLE 18
BEREAVEMENT LEAVE
Regular employees shall be granted up to three (3) consecutive days of for death in the
employee's immediate family.
The immediate family shall be construed to mean one of the following:
Spouse Spouse's Parent
Child Spouse's Brother
Parent. Spouse's Sister
Sister Spouse's Child
Brother Spouse's Grandparents
Grandparents Step-Sister
Grandchild Step-Parents
Step-Brother
Step-Child
• If additional time is necessary, the employee may request to use accrued vacation time,
compensatory time off or personal days, or the Village Manager may, at his/her sole
discretion, grant additional time off without pay.
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ARTICLE 19
DUTY DISABILITY LEAVE
Section 1:
Any bargaining unit member who sustains an injury or incurs an illness which arises out
of and in the course of his or her employment by the Village and which is compensable
under the workers compensation law of the State of Florida, and who in consequence
thereof is temporarily disabled and rendered unable to perform his or her normal duties
of Village employment, shall upon meeting the requirements of this Section, receive
duty disability leave in accordance with the conditions set forth below:
1. All requests for duty disability must be accompanied by a medical report
from a physician authorized by the Village or his or her authorized medical
representative which shall be in the form of the initial medical report in use
by the Florida Industrial Commission and which shall state affirmatively
that the employee is temporarily unable to perform the normal duties of
Village employment and that he or she is therefore eligible for duty
• disability leave.
2. A department head may approve or disapprove an employee's request for
duty disability leave after an investigation to determine the validity of the
request. The department head shall certify that (a) the injury or illness
arose out of and in the course of employment by the Village.; (b) was not
willfully self-inflicted or the result of the employee's gross negligence or
horseplay; (c) that the employee's activity at the time and place of the
injury or activity from which the illness arose was both authorized and
proper and not in violation of any rules or regulation concerning safety,
work methods, procedures or equipment for the job as required by the
department or the Village generally. The department head's action shall
be subject to review by the Village Manager who may approve or reverse
the same.
3. Any employee receiving duty disability leave shall report to the Village
physician periodically at the times the said physical shall reasonably
require. The failure of an employee to appear for a scheduled physical
examination shall be grounds for immediate cancellation of said leave;
unless the failure to appear is excused by the Village Manager.
4. An employee who is granted duty disability leave shall receive his or her
• regular salary based on the pay rate applicable at the time of injury or
illness, exclusive of overtime. The employee will continue to receive a
paycheck from the Village and will sign over to the Village all workers' ~
compensation checks received during their absence. ~
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5. The performance evaluation period for employees on duty disability leave
for greater than sixty (60) consecutive days shall be extended for a period
of time equivalent to the number of days the employee is on duty disability
leave for all future evaluations. An employee on duty disability leave shall
not continue to accrue any leave.
6. The net duty disability leave benefits paid to an employee under sub-
section 4 above, who is on duty disability leave shall be deducted from
any award of workers compensation to the employee, whether for
temporary or permanent disability, and shalt apply as advance payments
of compensation, as provided by Section 440.20(11), Florida Statutes.
7. Regular status employees shall receive duty disability commencing the
first day of lost time. Other employees shall receive duty disability benefits
after the first 14-day calendar days of lost time.
8. Duty disability leave shall be allowed for a duration of actual disability, up
to a maximum of one-hundred and eight (108) calendar days. Separate
injuries shall create separate periods of coverage. If an employee is
unable to return to work at the end of the said one-hundred and eight
(108) days, his or her case shall be reviewed by the Village Manager. The
Village Manager shall decide whether to order the benefits to continue for
the duration of the actual disability, up to an additional ninety (90)
calendar days or that the benefits shall not be extended. The employee
shall be subject to termination after completion of 26 weeks of duty
disability.
9. Duty disability leave benefits shall be terminated by any of the following
events:
(a) recovery certified by the Village physician;
(b) permanent disability certified by the Village physician;
(c) termination of employment whether by resignation, discharge or
death of said employee;
(d) employment of any form, including self-employment;
(e) employees refusing employment with the Village suitable to his or
her capacity which is offered to or procured for him or her. The
• Village Manager may approve such refusal of work and thereby
approve the continuation of duty disability leave.
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10. The general principle underlying the granting of duty disability leave
benefits to an employee with a service connected disability is that the total
payments from the Village, together with workers compensation benefits
shall not exceed the employee's regular gross pay, exclusive of overtime.
Such leave is provided so that economic security will be available to an
employee. Duty disability leave shall not be considered as a right which
an employee may use at his or her discretion, but rather as a privilege
which shall be allowed only in cases of duty connected disability and
subject to the applicable provisions contained herein.
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Section 2:
Unit members who are maliciously or intentionally injured within the course of their
emp{oyment shall be paid pursuant to Section 440.15(12), Florida Statutes.
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ARTICLE 20
PROMOTIONS
The following procedures will be used for the promotion of police officers to the rank of
Sergeant. These procedures are meant to apply to sergeant positions, which supervise
traditional police functions in effect in the Police Department on October 1, 2003.
Section 1:
The Village will announce promotional examinations at least forty-five (45) days in
advance. The Village will also list the areas the examination will cover. All materials
shall be provided to employee(s) taking the examination for the entire time period
between announcement of the examination and the examination. Written bids must be
submitted for the position within fourteen (14) days of posting. Bids which are not
submitted in a timely fashion may be considered at the sole discretion of the Chief of
Police.
• Section 2:
To be eligible for a promotion to sergeant, a police officer must meet the following
requirements:
1. Successful completion of his/her probationary period of employment with
the Village of Tequesta.
2. Must be presently certified by the State of Florida as a police officer.
3. Three (3) years experience as a full-time certified police officer.
4. Must possess an Associates Degree in Criminal Justice or related field
pursuant to the following conditions:
(a) Applicants must have an Associates Degree at time of application
for all promotions after September 30, 2003
(b) Applicants accepting a promotion before September 30, 2003,
must have completed classes towards an Associates Degree in
criminal justice or a related field according to the following
schedules:
20 -semester hours minimum on first anniversary of promotion;
40 -semester hours minimum on second anniversary of promotion; .-~'\~`
Associates Degree on third anniversary of promotion. ~,
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Section 3:
All promotions to positions covered by this Agreement shall be made as a result of a
competitive process, which shall include a written examination or an assessment center
from outside the Agency, or a combination thereof. Eligibility for participating in the
assessment center component of the promotion process shall be conditioned on
achieving a passing score on the written exam. Additionally, seniority points assigned
on the basis of one-half (1/2) point for each year or continuous uninterrupted sworn
service (in excess of the minimum number of years of service required for the employee
to be eligible for promotion) shall be applied. Authorized leaves of absence, for the
purpose of this Article, shall not be considered an interruption of continuous service:
Seniority points, however, shall not accrue during authorized leaves of absence. Lastly,
college points based on one point for every 30 semester hours of college course credits
attained by the employee shall be applied.
Section 4-
. The scores from the above testing procedures will then be posted and a promotional list
will be made containing the names of the three officers with the highest scores, listed in
alphabetical order. The Chief of Police in his sole discretion shall pick one of the
officers for promotion. If the officer declines the promotion, the Chief of Police may
choose another individual from the list of three. The scores from both the written and
oral examinations shall be retained for at least thirty (30) days after the promotion and
shall be available for any candidate to see his/her own scores.
Section 5•
Upon promotion, the employee will serve a twelve (12) month probationary period.
Section 6:
If there are no successful candidates, the Chief of Police may:
1. Appoint any member of the Department to fill the position; or
2. Recruit an outside candidate to fill the position.
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ARTICLE 21
SENIORITY AND LAYOFF
Seniority shall be defined as the total length of continuous service in the Police
Department. Seniority shall continue to accrue during worker's compensation leave,
holidays, vacation, bereavement leave, compensatory leave and sick leave approved by
the Village. Leaves of absence without pay, either approved or otherwise, shall not
count towards the accrual of seniority.
Employees shall lose their seniority as a result of any of the following actions:
terminations; retirement; resignation; unjustified absence from work for more than five
(5) days; failure to report back from military leave within the time limits prescribed by
law; and failure to report to the Village Manager's Office an intention to return to work
w/thin five (5) days of receipt of a Notice of Recall verified by Certified Mail, return
receipt, to the employee's last reported home address.
In the event of a layoff for any reason, the Village Manager shall convene a Review
Committee consisting of the Village Manager and the Chief of Police, which shall be
• assigned the task of designating the employees. to be affected by the necessitated
layoffs in accordance with the provisions of this Article. Employees in the affected
classifications shall be laid off in the inverse order of hire.
Laid off employees who are qualified for an existing opening in the Police Department
as a sworn law enforcement officer of the same or lesser rank than their former position
will be recalled for up to six (6) months from the time they are laid off. Laid off
employees shall be recalled in reverse order in which they were laid off. In the event of
a recall, the Village shall notify the employee by certified mail, return receipt; of such
recall and give the employee five (5) days to reply. It is the responsibility of the
employee to keep his/her current address on file with the Village. No position shall be
held open for an employee for more than five (5) days after he/she has received the
Notice of Recall.
Nothing in this Article shall prevent the Village of Tequesta from exercising its
management rights to reclassify, reassign, or eliminate positions occupied by any
employee.
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ARTICLE 22
SAFETY
•
The parties agree that the safety of all employees is of paramount importance. The
Department shall endeavor to maintain a work schedule so that at least two full-time
sworn law enforcement officers are on duty at all times.
All requests for Special Duty Details will be provided by full-time officers at the
applicable rate. If sufficient manpower is not available to meet the request, then
reserve/part-time officers may be used at the Department's discretion.
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ARTICLE 23
PERSONAL EQUIPMENT
Unit members may make written application to the Department Head for reimbursement
or replacement of personal property required by the department or lost or damaged in
the line of duty by describing the property (including its age, condition and cost) the
circumstances under which it was lost or damaged, and the manner in which
replacement of the item is suggested. Upon the recommendation of the Department
Head, the Village Manager may at his sole discretion, approve or deny the repair,
reimbursement or replacement of the property at Village expense.
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ARTICLE 24
BULLETIN BOARD
•
The Village shall furnish bulletin board space within the Police Department building for
the exclusive use of the FOP for posting official FOP notices of a businesslike non-
inflammatory nature. All notices must be approved in writing prior to posting by the
Chief of Police or his designee and signed by an elected official of the FOP.
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ARTICLE 25
FOP TIME POOL
•
A Union time pool shall be established and administered by the Village. Contributions
from Unit Members may be made from time accumulated in vacation or
holiday/overtime compensatory time off "bank" established in Articles 10 and 15. Such
contributions shall be irrevocable. Each contribution shall be in an amount equal to two
(2) hours of pay, although there is no limit to the number of contributions a Unit Member
may make. The pool shall be used only for the purpose of compensating up to two
members of the Unit for up to 40 hours each per year at their regular rate during
bargaining over the terms of a new Contract. Any overtime liability which may be
incurred due to payments made under this Article shall be paid out of the time pool.
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ARTICLE 26
PHYSICAL FITNESS AND MEDICAL EXAMINATIONS
Section 1:
In the event that the Village changes health insurance providers pursuant to Article 13
and the new plan selected by the Village does not provide for an annual physical
examination as a part of the coverage or for at least three (3) of the optional elements
listed below, then, in that event, all unit members, at their option, may receive an
annual medical examination paid for by the Village. Whenever possible, the medical
examination shall be scheduled by the Village on an employee's normal work day with
no loss of pay to the employee.
The extent of the medical examination will be established by the Tequesta Police
Department and the Village's authorized medical facility. The results of the medical
examination, including the basic and the chosen optional elements, will be provided to
the Village and may be used to assess the officer's fitness for duty.
• Section 2:
The parties agree that the Village will adopt adrug-free workplace program pursuant to
Section 440.102, Florida Statutes.
Section 3:
Nothing in this Article shall limit the Village's right to require fitness for duty evaluations
in job related circumstances. Any such fitness for duty evaluations shall be provided by
licensed health care providers chosen by the Village and at Village expense. The
results of any such medical, physical and/or mental examinations or evaluations will be
provided to the Village and may be used to assess the officer's. fitness for duty.
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ARTICLE 27
WORK RULES
•
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Section 1:
It is agreed and understood that the Police Department currently has policies, rules and
regulations governing employment. In the event of a conflict between said policies,
rules and regulations and this Agreement, the terms of this Agreement shall control.
Each member of the unit shall be provided with a copy of the department's rules and
regulations and any procedural manual formulated by the Village.
Section 2:
Notification of any role change shall be provided to the FOP simultaneously with the
promulgation of the change and prior to the effective date by posting said rule, unless
circumstances dictate the imposition of an immediate effective date for the role change.
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ARTICLE 28
RETIREMENT
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Section 1:
Pursuant to the Memorandum of Understanding executed between the parties on July
17, 1996, the parties to this Agreement agree to the provisions of the Public Safety
Officers Pension Trust Fund applicable to all new full-time employees hired by the
Village on or after January 1, 1996. Any unit member who, prior to January 1, 1996,
was a participant in the Florida Retirement System (FRS) and was employed by the
Village on December 31, 1995, shall remain a participant of the FRS.
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ARTICLE 29
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES
•
•
The parties acknowledge and agree that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any subject or matter included by law within the area of
collective bargaining and that all the understandings and agreements arrived at by the
parties after the exercise of the right and opportunity are set forth in this Agreement.
This Agreement may be amended by mutual agreement of the parties but any
amendment must be in writing and signed by duly authorized representatives of the
parties before it will be effective.
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ARTICLE 30
DURATION, MODIFICATION AND TERMINATION
•
Section 1:
The Agreement shall be effective upon ratification of the Parties, (except those Articles
which explicitly provide for a different effective date) and shall continue in full force and
effect until the thirtieth (30th) day of September, 2006.
At least thirty (30) days prior to September 30, 2006, but not prior to April 1, 2006,
either party hereto shall notify the other, in writing, of its intent to modify, amend, or
terminate the Agreement. Failure to notify the other party of intention to modify, amend,
or terminate as hereinabove set forth, will automatically extend the provisions and terms
of this Agreement for a period of one (1) year, and each year thereafter absent
notification.
SIGNED this day of
VILLAGE OF TEQUESTA:
2003.
FRATERNAL ORDER OF POLICE
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EXHIBIT A
F.O.P. /VILLAGE OF TEQUESTA GRIEVANCE FORM
•
Note: before ~Iling out this form, carefully read Article 5 of the VOT & FOP Collective
Bargaining Agreement, Grievance Procedure. Please type or print plainly.
NAME
DEPT.
MAILING ADDRESS
TITLE _
TODAY'S DATE
EMPLOYEE MUST PROVIDE THE FOLLOWING INFORMATION:
(1) DATE OF ALLEGED INCIDENT GIVING RISE TO THIS GRIEVANCE:
(2) ARTICLE AND SECTION OF THE AGREEMENT ALLEGEDLY VIOLATED:
(3) RELEVANT INFORMATION CONCERNING THE GRIEVANCE:
(4) RELIEF SOUGHT BY THE EMPLOYEE:
Note: Attach additional sheets, if needed.
EMPLOYEE SIGNATURE:
STEP 1
•
DATE RECEIVED BY DEPARTMENT HEAD:
DEPARTMENT HEAD RESPONSE /ACTION /COMMENTS:
Note: Attach additional sheets, if needed.
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DATE OF DEPARTMENT HEAD RESPONSE:
DEPARTMENT HEAD SIGNATURE:
STEP 2 (If desired)
EMPLOYEE SIGNATURE:
DATE RECEIVED BY VILLAGE MANAGER:
VILLAGE MANAGER'S RESPONSE:
Note: Attach additional sheets, if needed.
DATE OF VILLAGE MANAGER'S RESPONSE: _
VILLAGE MANAGER'S SIGNATURE:
STEP 3 (If desired)
I AM NOT SATISFIED WITH THE STEP 2 RESPONSE AND WISH TO APPEAL THIS
GRIEVANCE TO ARBITRATION. ACCORDINGLY, THE EMPLOYEE SHALL
FORWARD THIS TO THE FOP FOR A DECISION RELATIVE TO PROCEEDING
WITH ARBITRATION.
EMPLOYEE SIGNATURE:
DATE RECEIVED BY FOP REPRESENTATIVE:
THE FOP HAS DECIDED TO APPEAL THIS MATTER TO ARBITRATION PURSUANT
TO ARTICLE 5, SECTION 5, STEP 3 OF THE COLLECTIVE BARGAINING
AGREEMENT.
FOP REPRESENTATIVE SIGNATURE
DATE
DATE RECEIVED BY VILLAGE MANAGER
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EXHIBIT B
FATERNAL ORDER OF POLICE
VILLAGE OF TEQUESTA PERFORMANCE PLANNING and REVIEW
Employee Name:
Employee ID #:
SSN #:
Department•
(Last, First, MI)
Position Title: Date Hired: Date Hired This Position:
Type Plan/Review: ^ Probationary ^ Annual ^ Other Rating Feriod -From: To:
Please use the spaces provided to give the information requested. You may append additional documentation if needed, but please make sure the
appropriate references to this material are made in the corresponding sections of this document. The section headings, and the details of information
requested, are given for your guidance.
Please read the Performance Plannine and Review GUTDE before starting to complete this process.
EMPLOYEE PERFORMANCF. PLAN
Department Expected Standards/Criteria/Goals/Objectives
*List Department Expected Standards/Criteria and/or Objectives to be accomplished by Employee during this period
1
2
3
4
5
ditional space is required for expectation comments, please include them on a separate sheet of paper and attach to this form
Rater ma list more or less than five standards/criteria and/or. ob'ectives.
Department Expected Standards'of Conduct
Review with the employee the Standards of Conduct that reflect the expectations for a Proficient employee in this department.
Teamwork/Flexibility/Cooperation/Attitude: Works professionally with those contacted in the course of work activities and displays a
positive attitude. Fulfills attitude. Fulfills individual responsibilities in support of the team and responds to team priorities in a timely
manner. Employee is receptive to open to change, feedback, open to change, and willing to make necessary adjustments.
Judgment/Problem Solving: Evaluates and prioritizes situations and assignments accurately and seeks guidance and assistance as needed.
Implements appropriate action after developing and examining alterative solutions based on logical assumptions and factual information.
Maintains the confidentiality of County, customers, legal records and business transactions.
Communication/Public Relations: Relays in an accurate and timely manner, factual information to customers, staff, and Supervisor.
Effectively expresses information orally and in writing and listens to the views of others. Consistently keeps staff and Supervisor informed
of progress and problems in a timely manner. Discusses issues and concerns honestly and provides effective feedback to staff and
Supervisor when requested.
Attendance/Punctuality: Accepts responsibility as assigned and meets deadlines on a consistent basis. Employee arrives for work as
scheduled and performs duties during scheduled shift, including adherence to policies regarding breaks and meal periods. Vacation leave is
requested in advance of need and sick leave usage is reported within the first hour of the shift or in compliance with deparhnent policies.
Sick leave usage is not excessive and does not impact the Employee level of performance or burden co-workers. Attends required
meetings.
Adaptability/Initiative/Creativity: Performs assigned duties and offers assistance to others. Provides solutions to problems as they arise
with minimal supervision. Willingly implements new ideas and adjusts to new procedures and policies. Demonstrates flexibility and
resourcefiilness to adapt in new situations and under pressure. Maintains up-to-date knowledge in technical job-related topics.
ease attach department criteria/plan/document if required for expectation comments necessary to complete this process.
e have developed, discussed and mutually agreed on the above Performance Factors and Criteria, Objectives, Goals, etc.
In addition, the Employee understands that these are the factors that a review will be conducted on at the end of the Plan Period.
Employee Signature
Date
Rater• s Signature Date
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EXHIBIT B
• EMPLOYEE PERFORMANCE REVIEW
Rate each agreed on Expected Standard/Criteria and/or Objective as follow:
S = Satisfactory; U =Unsatisfactory or N/A =Not Applicable
Department Expected Standards/CriterialGoals/Obiectives piece
Rating
All "L7nsatisfactory" ratings must be supported by detailed, nuantified, objective ands ecific comments Review
code
and must be reviewed with Human Resources riot to review with the E to ee. Here:
1
2
3
4
5
pepartmeint Expected Standards of Conduct place
Rating
All "Unsatisfactory" ratings must be supported by detailed, quantified, objective and s ecific comments and must be Review
Code
reviewed with Human Resources riot to review with the Employee. Here:
amworWCooperation/Attitude:
Judgment/Problem Solving:
Communication/Public Relations:
Attendance/Punctuality:
Adaptability/Initiative/Creativity:
., .
This review is based on expected standards, criteria, objectives and/or goals set for the past 12 months of employment.
Rater• s Signature:
Date:
EIVIPLOYEE COMMENTS/SIGNATURE
What training do you need?
I ^ Agree ^ Disagree with the performance evaluation? What are your specific comments and/or objection?
Employee Signature:
~w Comments (if applicable)
Department Head
Date
Date:
Human Resources
Date °^~~
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Exhibit C
PERFORMANCE
PLANNING & REVIEW
GUIDE
VILLAGE OF TEQUESTA
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Revised 9%2/03
•
Table of Contents
I. Overview 3-4
II. Performance Planning 5-6
III. Performance Review 7-9
IV. Be Aware
/ Conclusion 10
V. Employee Performance Plan Form 11
VI. Employee Performance Review Form 12
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. PERFORMANCE MANAGEMENT PROCESS
I.Overview
The Performance Planning and Review Program is a systematic approach that assures
on-going communications between the supervisor and the employee. Supervisors may
provide feedback to an employee in a variety of methods.
a. On-going communication:
1. Establishes mutual work goals and expectations
2. Provides performance feedback to employee
3. Encourages the growth of employee
4. Shares successful performance
b. Some examples of feedback are:
1. Formal evaluation conference
2. Informal praise or compliments
3. Letters of commendation
4. Village Circle of Excellence
• 5. Other annual recognition's
2. The Performance Planning and Review Program is more than a annual evaluation of
employee, it is:
a. Establishing or reviewing job standards; goals; objectives; etc
b. Reviewing job description
c. Performance planning
d. Performance evaluation conference
e. Starting the process over again
f. Self evaluation if employee desires to complete one
3. Although performance planning and review is a continuing process, it manifests itself
during the formal performance review. Evaluation is both for improved job performance
now plus development in the future. The performance planning and review program assists
supervisors in:
• making certain the employee is fully aware of performance standards, applicable to
his/her job.
• helping an employee improve work performance through setting individual
objectives and goals.
• recognizing an employee who meets expected standards.
• allowing an employee to express ambitions and desires and also to set objectives and
• goals.
• determining training needs. ~~
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• Helping make decisions for promotion and other incentives
• Recommending discharge of an incompetent employee
• • Transfemng/reassigning anemployee for better use of his/her skills, abilities and
interests.
4. The purposes for this guide is to provide the supervisors and the employee with:
• The reasons for evaluating employee performance.
• The advantages of using goals and objectives and/or standards when evaluating
performance.
• The process to conduct a planning session in which performance goals, standards and
objectives are developed and established for the upcoming evaluation period.
• The outline and procedures for subordinates on what the basis of evaluation will be.
5. Every supervisor who will be evaluating an employee performance should have a copy of
this reference guide. Reference this guide when questions concerning procedures arise.
This guide should be available for review by all employees.
6. Performance planning and review, as its name implies, involves a continuing cycle of two
main events. Before there can be a review of how well an Employee is doing the job, the
requirements of the job must first be determined. The tasks and the Performance Factors
of the position must be understood in order to evaluate the Employee fairly
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• II. Performance Planning Process
Step 1 The Supervisor and Employee each review the Employee written statement of
duties and responsibilities in preparation for establishing the Performance Plan. In this
meeting it will be determined which Performance Standards/Goals/Objectives are most
important in indicating the successful completion of the job the Employee has been hired for.
Sten 2. Space is provided on the form for the Supervisor to write in the department
standards/criteria and/or objectives. These should be words or phrases, which will give a
clear, concise and specific description of what is being evaluated. The requirement should be
stated clearly, objectively and measurable if possible as to it apply to the task and expectations.
a. The advantage of this approach is that it gives the Supervisor full flexibility in
developing standards that are specific and pertains to the job requirements and
expectations.
b. In addition to the department expected standards/criteria and/or objectives, the
Supervisor should review with the Employee characteristics described in the
Department Standards of Conduct which reflect the expectations for the Employee.
c. The Supervisor may add additional Standards of Conduct as needed and appropriate, i.e.
police, fire and other personnel.
d. If additional space is required, Supervisors should attach additional sheet and/or
department form.
Step 3. The Supervisor and the Employee then discuss Performance Plan.
a. Discuss each Department Expected Standards/Criteria and/or Objectives, and
Department Expected Standards of Conduct and any other pertinent matters.
b. Discuss the Performance Ratings
O =Outstanding
S =Satisfactory
U =Unsatisfactory
NA =Not Applicable
c. Discuss what constitutes Outstanding, Satisfactory, Unsatisfactory, etc. Both Employee
and Supervisor should come to a meeting of the minds on what constitutes meeting
standards on particular performance objective/standard/criteria.
d. An outstanding performance rating qualifies an individual for a performance recognition
adjustment, which is based on a recommendation of the Supervisor and the approval of
• the Village Manager. 1
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Step 4• The Employee and Supervisor then sign the Performance Plan. A copy is given to the
Employee, department head, human resources and others as appropriate.
• The mutual develo ment and si in of a Performance Plan follows a number of mana ement
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principles. One is that where there is involvement, there will be a greater level of commitment.
Another is that people generally try harder to fulfill those commitments they have made in
writing. The Performance Plan should be viewed in light of a written commitment the Employee
makes to the village.
Step 5• The Employee then begins working on his/her Performance Plan until review time.
Performance Plan may be revised, if needed.
Step 6• It is essential that the Supervisor give periodic feedback to the Employee throughout the
Performance Plan period so that there are seldom any surprises when the final review is held.
This can be given with daily on-going feedback, or in a monthly review/preview session, etc.
Step 7• At the conclusion of the Performance Plan period, usually twelve months unless a
special evaluation is called, the Supervisor reviews the performance in a meeting with the
Employee and evaluates how well the Performance Factors were completed
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III. The Performance Review
1. The review session itself can be the single most significant part of the entire process.
What are the three reasons a review session is important?
a. First.
The session needs to be memorable to the employee due to the fact that it is the
principal indicator of the supervisor's evaluation of that employee's job
performance.
b. Second.
The employee needs to understand the supervisor's evaluation of his Performance.
A poor performance will need to be discussed for an employee to realize
that the supervisor values quality work. A quality performance will need to be discussed
for the employee to realize that his/her work is appreciated and valued.
2. Both the Supervisor and the Employee must prepare for the performance review. There
are some specific things a Supervisor can do to help make the performance review more
effective and less stressful. Paying close attention to the following elements will improve the
performance review process.
• Step 1: Selecting The Time And Place
• Choose a time when you and the Employee will be able to concentrate. There will
probably never be a time when both of you will be -free of other problems, but you
can avoid the obviously inappropriate times. Remember, you are not only going to
discuss past performance, but you are also going to do performance planning for the
next review period. The .review process may take more than one meeting, but it
should be seen as one process and completed within a few days.
Location is important. Find a place that ensures privacy; absolutely no one should
overhear the conversation. Interruptions should be avoided if at all possible.
Privacy is a must during performance reviews. Plan to hold the meeting in a place
where you and the Employee can sit facing each other without a desk between you.
If you sit with your desk between you and the Employee, you may create a barrier
that can discourage the free flow of information.
• Once you have selected the time and place, make an appointment with the
Employee well in advance of the meeting. The Employee will want to prepare for
the meeting. Once the appointment is made, keep it! If you cancel or postpone it,
you will be sending the Employee two powerful messages: that whatever you are
doing is more important than they are and more important than good performance.
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Step 2: Assessing Employee Performance 4,
• Use the techniques discussed in this guide to prepare yourself to discuss the
• employee performance. Make .sure you refer back to the performance plan
established at the last performance review session. Follow the guidelines for giving
and receiving feedback. Make sure you review the employee job description to
make sure it is still accurate and up-to-date. Remember, concentrate on behavior,
not personality, unless it impacts their performance.
Stea 3: Preparing The Employee
Some supervisors fear asking employee to do aself-appraisal. They think the
employee will build themselves up and it will be impossible to get them to think
realistically. Supervisors also believe employee will not respond. These fears are
largely unfounded when employee are asked to evaluate their own performance.
• Do not ask the employee to evaluate their own character or to provide an
overall description of them. Ask how the work went -were the goals achieved and
how well. Employee inputlself-evaluation can help clear up gray areas in the
Employee performance picture, identify needed training and development areas, and
facilitate discussion of performance.
• Unless Employee come to view the performance review as a ratings game, Employee
will often be harder on themselves than the Supervisor would be.
• Step 4: Conducting The Meeting
Supervisors must be able to communicate effectively if the system is to work.
employee too, must communicate. Active listening coupled with a positive attitude
will go a long way in making the session a success.
• Use the feedback skills described in the section on feedback and follow the process
and sequence below. The Employee should be encouraged to take the lead in the
discussion. The discussion should cover the following six key areas:
1. Review of performance standards/objectives/criteria.
2. Review of major job responsibilities.
3. Examination of growth areas, goals and training needs.
4. Discussion of major accomplishments.
5. Preparation of a plan for development.
6. Evaluation of the performance planning and review session.
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Step 5: Completing the Process:
• Complete process as instructed on forms. The supervisor selects the performance
• rating which best describes the completed objective/standard/criteria.
• Employee rated S (Satisfactory}
Meets Standards/Objectives, etc.
• Employee rated U (Unsatisfactory)
Did not meet Standards/Objective/Criteria, etc. Rating must be supported by
detailed, quantified, objective and specific comments and must be reviewed with
Human Resources prior to review with the employee.
• Written statements indicating greatest strengths, weaknesses and other comments
should be made.
• The employee should make appropriate comments, if desired.
• Both employee and supervisor, as well as the overall department head, should sign
the form.
• The form should be forwarded to the Human Resources Office for final review and
copies thereafter distributed.
• Step 6: Planning Process for Next Review. Supervisor and employee begin
Performance Planning Process for next review.
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BE AWARE OF RATING INFLUENCES
• The Halo Effect: The tendency of an evaluator to rate a person good or poorly on all
characteristics based on an experience or knowledge involving only one dimension.
Leniency Tendencv: A tendency toward evaluation all persons as outstanding and to give
inflated ratings rather than true assessments of performance.
Strictness Tendencv: The opposite of the leniency tendency; that is, a bias toward rating all
persons at the low end of the scale and a tendency to be over-demanding or critical.
Average Tendencv: A tendency to evaluate every person as average, regardless of major differences
in performance
CONCLUSION
A performance planning and review system that recognizes and rewards expected and above
performance and corrects poor performance can contribute significantly to improved morale and
productivity. Likewise, if Supervisors show favoritism or prejudice toward certain Employee,
the system will contribute to poor morale and lose productivity. In other words, a system is only
as good as those who use it.
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