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HomeMy WebLinkAboutDocumentation_Regular_Tab 10C_10/12/2000 C MEMORANDUM To: Village Council From: Michael Couzzo, Village Manages Subject: Collective Bargaining Agreement with the Florida State ge, Fraternal Order of Police (FOP) Date: October 5, 2000 Enclosed for your consideration is the proposed collective bargaining agreement with the FOP. This agreement is the result of negotiations that began in early May of this year. It replaces the existing agreement with FOP that became effective in October 1997 and expired September 30, 2000. The enclosed draft shows changes(additions are underlined and deletions have strikethroughs) from the existing agreement. The major changes to the agreement include: 1. Grievance Procedure, Article 5, page 6: A standard form to be used for the filing of grievances has been devised (attached to the agreement as Exhibit A) and a provision for allowing for extensions of time for responding to grievances has been added; 2. Uniform Allowance, Article 11, page 14: The clothing allowance for the detective was increased from $500 per year to $575 per year and provisions for payments to the bargaining unit members were added. 3. Wages, Article 12, page 15: In order to remain competitive, the pay ranges for police officers and sergeants were increased based on a survey of pay ranges in surrounding jurisdictions. To implement these increases, a one-time salary adjustment is proposed for all bargaining unit members. These adjustments will place the employees in the same relative position above the minimum pay in the new pay range as they now are in the current pay range. The adjusted salaries are found in Exhibit B of the agreement. This article also provides for a 3% cost of living allowance (COLA) increase for each of the three years of the agreement as well as a 0% to 5%merit pay increase based on the employees' annual performance evaluations. 4. Special Duty Compensation, Article 13, page 17: A pay differential of 5% has been added for the detective. 5. Sick Leave, Article 15, page 19: Additions to the Sick Leave Article include an exclusion for accruing sick leave while bargaining unit members are on leaves of absence or suspensions without pay, criteria for the use of sick leave, • 1 and a requirement for a doctor's note when an employee is out sick for more than three(3) days. Changes also include a requirement that absences under the Family Medical Leave Act (FMLA) run concurrently with the use of sick leave as provided for in the law. This reflects the Village's current practice for all employees. 6. Vacations, Article 17, page 22: This article was changed to exclude accruing vacation leave while bargaining unit members are on leaves of absence and suspensions without pay. 7. Duty Disability, Article 19, page 24: This article was amended to allow the extension of a bargaining unit member's annual performance evaluation period in cases where an employee is out of work in excess of sixty(60) days. The article was also changed to limit to twenty-six(26)weeks the amount of time an employee can be absent from work with a duty disability before being terminated for medical reasons. 8. Promotions, Article 20, page 27: This article amends the process and qualifications for promotion to sergeant. It provides for the use of a written examination and an assessment center, and requires that officers promoted to sergeant must attain an Associates Degree. 9. Seniority and Layoff, Article 21, page 30: The layoff and recall process was simplified. 10. Certifications, original Article 28, page 41: Since the Village is no longer pursuing any of the listed fire certifications for police officers, this article was deleted. 11. Retirement, re-numbered Article 28, page 42: This article was changed to reflect the new name of the Village's pension plan applicable to the bargaining unit members. 12. Duration, Modification, and Termination, re-numbered Article 30, page 44: This article provides that the agreement will have a term of three(3)years, expiring on September 30, 2003. Since agreement with the FOP representatives was reached only yesterday afternoon, there was not enough time for the union to hold its required ratification vote by its membership prior to sending out the Council agenda packets. In anticipation of a favorable vote by the union membership, I have scheduled consideration of this agreement at the October 12, 2000 Village Council meeting in order to expedite the approval process. The vote by the union will be held prior to the Council meeting. Should the union membership fail to ratify the agreement, I will request that it be removed from the agenda and then negotiations with the union will resume. Staff recommends that the Village Council approve the proposed collective bargaining agreement with the Florida State Lodge, Fraternal Order of Police for the years 2000 to 2003, and authorize the Mayor to execute same. In addition, in consideration for FOP's cooperative efforts over the past several months to reach a mutually acceptable agreement, should the Council approve the agreement, I recommend that the wage provisions contained in Article 12 be made retroactive to October 1, 2000. Adequate funds are available in the FY2000/2001 operating budget. Should you have any questions, please advise. Encl. rd/MRC • 1 VILLAGE OF TEQUESTA AND FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE COLLECTIVE BARGAINING AGREEMENT 2000 - 2003 TABLE OF CONTENTS ARTICLE PAGE # PREAMBLE 1 ARTICLE 1 - RECOGNITION 2 ARTICLE 2 - REPRESENTATIVES OF PARTIES FOR BARGAINING PURPOSES 3 ARTICLE 3 - MANAGEMENT RIGHTS 4 ARTICLE 4 - NON-DISCRIMINATION 5 ARTICLE 5 - GRIEVANCE PROCEDURE 6 ARTICLE 6 - NO STRIKE 9 ARTICLE 7 - DISCIPLINE 10 ARTICLE 8- COURT ATTENDANCE 11 ARTICLE 9 - RECALL PAY 12 ARTICLE 10 - HOURS OF WORK AND OVERTIME 13 ARTICLE 11 - UNIFORM ALLOWANCE 14 ARTICLE 12 - WAGES 15 ARTICLE 13 - SPECIAL DUTY COMPENSATION 17 ARTICLE 14 - INSURANCE 18 ARTICLE 15 - SICK LEAVE 19 ARTICLE 16 - HOLIDAYS 21 ARTICLE 17 - VACATIONS 22 ARTICLE 18 - BEREAVEMENT LEAVE 23 ARTICLE 19 - DUTY DISABILITY LEAVE 24 ARTICLE 20 - PROMOTIONS 27 TABLE OF CONTENTS ARTICLE PAGE # ARTICLE 21 - SENIORITY AND LAYOFF 30 ARTICLE 22 - SAFETY 34 ARTICLE 23 - PERSONAL EQUIPMENT 35 ARTICLE 24 - BULLETIN BOARD 36 ARTICLE 25 - FOP TIME POOL 37 ARTICLE 26 - PHYSICAL FITNESS & MEDICAL EXAMS 38 ARTICLE 27 - WORK RULES 40 Alt-T-0-1,E. 28 CERTIFICATIONS 41 ARTICLE 28- RETIREMENT 42 ARTICLE 29- CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES 43 ARTICLE 30 - DURATION, MODIFICATION AND TERMINATION 44 -ii- • ti PREAMBLE 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. 1 ARTICLE 1 RECOGNITION The Village recognizes the 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. 2 ARTICLE 2 REPRESENTATIVES OF PARTIES FOR BARGAINING PURPOSES Section 1: The Village agrees that during the term of this Agreement it will deal only with the authorized representatives of the F.O.P. in all matters involving wages, hours, and terms and conditions of employment or other official action called for by the Agreement. Section 2: The F.O.P. likewise agrees that during the term of this Agreement, the F.O.P. 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. 3 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. 4 ARTICLE 4 NON-DISCRIMINATION The Village and the FOP specifically agree that the provisions of this Agreement shall be equally applicable to all fill-time employees covered herein without regard to membership or non-membership in a labor organization, as provided by law. 5 ARTICLE 5 GRIEVANCE PROCEDURE 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 press 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 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 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 6 (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. 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 received 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. 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. 7 Section 6 The costs of the arbitrator shall be borne by the party seeking arbitration. 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 transcript 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 filed retroactive to a date more than 10 (ten) working days prior to the filing of a grievance. 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. 8 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 demonstrating in furtherance of a 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 Constitution 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. 9 ARTICLE 7 DISCIPLINE 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. 10 • ARTICLE 8 COURT ATTENDANCE 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. 11 ARTICLE 9 RECALL PAY 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. 12 ARTICLE 10 HOURS OF WORK AND OVERTIME 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 job require. Work schedules of Patrol Officers and Patrol Sergeants will not be altered solely for the purpose of avoiding overtime during the normal work period in response to fluctuations in hours worked by Patrol Officers and Patrol Sergeants. 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. 13 ARTICLE 11 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 $500.00 $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. • 14 ARTICLE 12 WAGES SECTION 1: Effective October 1, 2000, or upon ratification of this Agreement, whichever is later, pay ranges for Unit Members shall be as follows: Police Officer: $31,283 minimum; $46,238 maximum Patrol Sergeant: $39,081 minimum; $53,552 maximum In order to implement the above pay ranges, Unit Members shall receive a one-time pay adjustment as specified in Exhibit "B". SECTION 2: All Unit employees shall receive a 4% 3% increase on their current hourly rate effective October 1, 7 2000. or upon ratification, whichever is later. All Unit employees shall receive a 3% increase on their current hourly rate effective October 1, 1998 2001. All Unit employees shall receive a 3% increase on their current hourly rate effective October 1, 1999 2002. SECTION 3: For Fiscal Year(s) 1997/1998, 1998/1999, 1999/2000 2000/2001, 2001/2002, 2002/2003 Unit employees shall receive performance reviews pursuant to the Performance Review Procedures of the Village of Tequesta Employee Handbook, as amended by the Village Council, Administrative Policies of the Village Manager and applicable policies within the Police Department Policies and Procedures Manual approved by the Village Manager. Unit members may receive a 0% to 5% increase, based upon their relative performance as provided in the evaluation rating scale of the Employee Evaluation Form. Unit members shall not receive a merit increase which shall cause said Unit Members annual base salary to exceed his/her applicable position payscale maximum base salary as listed in the effective Village of Tequesta Position Pay Scale. SECTION 4: 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 15 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 anniversary 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 5: Nothing in this Article shall require the payment of any wage increase after September 30, 2000 2003. unless such increases result from bargaining after the timely reopening of this Article as provided in Article 31, Duration. 16 ARTICLE 13 SPECIAL DUTY COMPENSATION Section 1: The Chief of Police or his designee shall appoint a patrol officer to serve as Shift Supervisor for any shift that does not have a Patrol Sergeant scheduled to work. Patrolmen Officers who serve in the position of Shift Supervisor, , shall receive a pay differential of 5%. If, due to any circumstance, a Patrol Sergeant is recalled, called back or reports for duty to work any shift or portion thereof, a designated Shift Supervisor will not receive the 5% pay differential for that time a Patrol Sergeant is on duty. Section 2: An officer serving on the motorcycle unit shall receive a pay differential of 4% while working his regular shift on the motorcycle unit. Section 3: An officer assigned to the Detective/Investigations Division shall receive a pay differential of 5%. 17 ARTICLE 14 INSURANCE SECTION 1: The Village agrees to pay 100% of the employee cost of health insurance. SECTION 2: The Village agrees to pay 75% of the cost of dependent health insurance coverage for those Unit members who elect such coverage. Unit members who elect coverage will pay the remaining 25% by payroll deduction. The Village agrees to pay 100% of the employee cost of dental insurance. Unit members will pay 100% of the cost of dental insurance for dependents if the Unit member elects such coverage by payroll deduction. SECTION 3: The Village will provide life insurance for employees. SECTION 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. 18 ARTICLE 15 SICK LEAVE SECTION 1: Regular employees shall accrue sick leave at the rate of one (1) day of sick leave for each month of 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. Sick leave may be accrued to a maximum of 200 days (1600 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. 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 2: Upon separation from the Village, with proper notice, or for reasons beyond the employee's control, the employee shall be paid for his accrued sick leave according to the following schedule. 19 • YEARS OF PERCENT OF ACCRUAL EMPLOYMENT PAID TO EMPLOYEE One(1)through Four(4) 25 Percent Five(5) through Nine (9) 33 Percent Ten(10) through Nineteen 40 Percent Twenty (20) or More 50 Percent SECTION 3: For Fi , c s hc_c:_ abo_ e stateel For Fiscal Ycars 1998/1999 and 1999/2000, Any sick leave Unit Members earn and do not use within a single fiscal year in excess of seven (7) sick days may be converted to a cash payment. In a fiscal year, Unit Members may accrue up to twelve (12) sick days, and up to five (5) of those are eligible for conversion as-herein-above-stated. If, for example, a Unit Member uses one (1) of their twelve (12) sick days, they then have a balance of eleven (11) sick days. The Unit Member may then convert four (4) of the eleven (11) remaining sick days to four (4) days pay. The employee does not have to convert the time, but the employee sick balance cannot exceed 200 days. Conversion to a cash payment will show on the employee's first paycheck in the month of December. 20 ARTICLE 16 HOLIDAYS SECTION 1: Unit members shall receive the following paid holidays: New Year's 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 New Year's Day, President's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day and Christmas Day shall receive one and one-half(1-1/2) times their regular rate of pay and 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 who work on the remaining holidays above shall receive their regular daily rate of pay and 8 hours of holiday pay. Unit members whose regularly scheduled day off falls on a holiday shall receive 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. 21 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 ANNUAL VACATION ANNIVERSARY LEAVE ACCRUAL Zero (0) through Four(4) 80 Hours Five(5)through Nine (9) 120 Hours Ten (10) or more 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 a semi-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 22 ARTICLE 18 BEREAVEMENT LEAVE Regular employees shall be granted up to three (3) consecutive days off 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. 23 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 employees 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, less all workers compensation benefits. 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 sick leave. 24 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 shall apply as advance payments of compensation, as provided by Section 440.20(11), Florida Statutes. 7. Pefultautent 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 ninety (90) 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 ninety(90) 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. Upon the 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. 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. 25 Section 2: Unit members who are maliciously or intentionally injured within the course of their employment shall be paid pursuant to Section 440.15(12), Florida Statutes. 26 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, 1990. 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. 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 27 Section 3: All promotions to positions covered by this Agreement shall be made as a result of a competitive process, including, but not limited to, a written examination in conjunction with an assessment center from outside the agency. 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 of 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 composite promotional score calculated to the fifth decimal place shall be tabulated in the following manner: Written examination 35% Assessment Center 55% • College points 5% (max) • Seniority points - (maximum) 5% (max) 28 Section 5: 2-) Ont-(4)-paint-for--ettelt-fetrnial-writtemperforiname-evalttatiortabeve-average-dufing-tt Section 5: 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 7: Section 6: Upon promotion, the employee will serve a twelve (12) month probationary period. The-length-of Sect:V1T8: �GL7.7 - Section 7: 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. 29 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 within 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. , 30 43} • D Five(5) points for two-year(Associate)college degree or its equivalent, as defined F.) One-(4)-point-for-eaeh-listed-and-eurrent-speeialized-skill-the-unit-meml,er — F7C--.47C--43.asie-Teleeornmunieatiens score-first). 31 J 114 • • J • dcgrcc posseasesJ ^du 1F [T4 •o••�••a a vv taaav 11 VCll i113 7 i7I7 LI G[or • 7 7 J 32 • • • n • 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, 33 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. 34 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. 35 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 m— 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. 36 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 the 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. 37 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 its- option, may receive require an annual medical examination, f a" unit members 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 medical examination shall consist of a drug screen and standard entrance examination, both of which should constitute the basic elements of the medical examination, and shall be performed by a physician selected by the Village. In addition to the basic elements of the medical examination, each unit member er-the-Village-may request that the medical examination include items from the list of optional elements, as follows: 1) Chest X-Ray 2) Blood Work-up (medically referred to as a "Smack 25" test) 3) HIV Test 4) "Stress EKG" In no event shall the cost of the optional elements of the medical examination chosen by the unit member exceed two hundred dollars ($200.00). 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 a drug-free workplace program pursuant to Section 440.102, Florida Statutes. Section 3: Tequesta shall administer an annual physical ability test using the Florida Department of Law Enforcement Division of Criminal Justice Standards and Training (FDLE) Physical Ability (Fitness) Test Procedures Manual, March 1994. All Unit Members hired after January 1, 1993 38 shall be required to take said test. For all Unit Members hired prior to January 1, 1993 the taking of said test shall be voluntary. Unit members passing said test shall receive a pin in recognition for same. Unit members not passing said test shall be rescheduled to take same 30 days approximately thereafter. Unit members not passing said test shall receive recommendation for physical conditioning in an effort to help said unit member pass said test. Unit members not passing said test shall strive to improve physical condition prior to re-taking test. In the event unit member does not pass second test, upon mutual agreement of the unit member and the Village, the Village may schedule an appointment for said unit member with a physician of the Village's choosing for the purpose of examining the unit member and recommending a physical fitness regimen and/or diet which shall be voluntary for the unit member to follow but shall be provided with sole intent of improving the physical condition of the unit member for their benefit and the benefit of the Village. Test results and any associated physician medical reports shall be kept in the Unit Member's personnel file pertaining to medical records pursuant to Section 112.08(7),Florida Statutes. Section 4: 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. 39 ARTICLE 27 WORK RULES 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 rule 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 rule change. 40 GERTIFICATIONS cmplerftent7 41 ARTICLE 28 RETIREMENT 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 des ' pion Tr. 3t `' 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. 42 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. 43 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 2000 2003. At least thirty (30) days prior to September 30, 2000 2003, but not prior to April 1, 2000 2003, 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 , 1997 2000. VILLAGE OF TEQUESTA: FRATERNAL ORDER OF POLICE: 44 EXHIBIT "A" F.O.P./VILLAGE OF TEQUESTA GRIEVANCE FORM NOTE: Before filling out this form, carefully read Article 5 of the VOT&FOP Collective Bargaining Agreement, Grievance Procedure. Please type or print plainly. NAME TITLE DEPT. TODAY'S DATE: MAILING ADDRESS: 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 EMPLOYEE: NOTE: ATTACH ADDITIONAL SHEETS, IF NEEDED. EMPLOYEE SIGNATURE: STEP I DATE RECEIVED BY DEPARTMENT HEAD: DEPARTMENT HEAD RESPONSE/ACTION/COMMENTS: NOTE: ATTACH ADDITIONAL SHEETS, IF NEEDED. 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 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: EXHIBIT"B" OFFICER NEW SALARY Irovando $50,889 Morrill $50,889 Ricciardi $50,889 Albrecht $42,532 Davis $44,538 Kelley $32,997 Massey $42,532 Miller $33,320 Mintus $32,065 Pike $34,014 Terwilliger $33,316 Thorne $42,532 Turner $32,931 Weinblatt $36,570 Worcester $41,043 45