HomeMy WebLinkAboutDocumentation_Regular_Tab 15_10/16/2024 Agenda Item #15.
Regular Council
STAFF MEMO
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m
Meeting: Regular Council - Oct 16 2024
Staff Contact: Merlene Reid, Director, H R & Risk Department: H R
Management
Approve the 2024-2027 VOT/IAFF Collective Bargaining Agreement
On September 17, 2024, the IAFF and the Village reached agreement on a new three-year contract, a copy of
which is attached. Member ratification votes are scheduled to end on October 8, 2024 and the union's
confirmation back-up correspondence will follow. Significant contract highlights are as follows:
Article 19 (Pay Plan)
• Pay increases of 11%/5%/5%,in addition to a 3% step annually, a total of 14%/8%/8% for fiscal years
2024/2512025/26 and 2026/27
• The disbanding of the Career Development plan which previously linked education and training to
advancement within the Firefighter, Firefighter/Medic, Lieutenant, and Lieutenant/Medic jobs
• In addition to the current Water Rescue and EMS Logistics assignment pay moving from $70 to $77 per
paycheck ($2,002 per annum), the Dive Team Coordinator will now receive $3 8.50 per paycheck
($1,001 per annum). Assigned Narcotics Officers will also start receiving $77 per paycheck, and up to a
maximum of 2 trainers at a time will receive 2.5% pay increases while working in the capacity of Field
Training Officers (FTOs)
• Firefighters and Lieutenants temporarily assigned to work in a higher classification, will receive 5%
after working six or more hours in the higher position.
Article 24 (Incentive Pay)
State Certified Fire Inspector incentive increases from $1,820 to $2,002 annually, with the addition of a $1,001
(annual maximum) for members who attain the Fire Inspector 2 certification
Article 34 (Pension)
Pension reopener in FY2025/26, no earlier than 4/1/2026
Article 49 (Substance Abuse Policy and Testing)
Marijuana reopener, should recreational marijuana use become legal in Florida
The estimated cost of the contract for each year(excluding health, life and dental insurance) is as follows:
Description FY2023/2024 FY2024/2025 FY2025/2026 FY2026/2027
Projected Wages $ 118171280 $ 211061856 $ 21247,095 $ 214101926
Projected Benefits 520,197 596,240 635,928 682,292
Total $ 2,337,477 $ 21703,096 $ 2,883,023 $ 3,093,218
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Agenda Item #15.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET INFORMATION: A-d
BUDGET AMOUNT Refer to AMOUNT AVAILABLE Refer EXPENDITURE AMOUNT:
above memo to above memo Refer to above memo
FUNDING SOURCES: Refer to above memo IS THIS A PIGGYBACK:
❑ Yes 0 N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes 0 N/A
COMMENTS/EXPLANATION ON SELECTIONN/A
ows-1 I=I L,k Lei I Lei 0ff&wa'A!2 I =10111*3 1=I Big
The negotiating team is recommending the approval of this three-year agreement.
ATTACHMENTS: -
VOT IAFF CBA Final With Step Tables 10.10.2024 ADA
Ratification Memo
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Agenda Item #15.
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE VILLAGE OF TEQUESTA
AND
PROFESSIONAL FIRE FIGHTERS/PARAMEDICS OF
PALM BEACH COUNTY,
LOCAL 2928, IAFF, INC.
OCTOBER 1, 2024 TO SEPTEMBER 30, 2027
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Agenda Item #15.
TABLE OF CONTENTS
ARTICLE 1 PREAMBLE....................................................................................... 4
ARTICLE 2 RECOGNITION................................................................................. 5
ARTICLE 3 DUES CHECKOFF............................................................................ 6
ARTICLE 4 UNION BUSINESS............................................................................ 7
ARTICLE 5 BULLETIN BOARDS......................................................................... 8
ARTICLE 6 MEETING ROOMS............................................................................ 9
ARTICLE 7 MANAGEMENT RIGHTS................................................................... 10
ARTICLE 8 MEETING WITH MANAGEMENT...................................................... 11
ARTICLE 9 SAFETY COMMITTEE.......................................................................12
ARTICLE 10 NON DISCRIMINATION.....................................................................13
ARTICLE 11 STRIKES AND ILLEGAL ACTIVITY..................................................14
ARTICLE 12 PERSONNEL REDUCTION...............................................................15
ARTICLE 13 SENIORITY........................................................................................ 16
ARTICLE 14 PROBATIONARY EMPLOYEES........................................................17
ARTICLE 15 DISCIPLINARY ACTION AND DISCHARGE..................................... 18
ARTICLE 16 GRIEVANCE AND ARBITRATION PROCEDURE............................ 19
ARTICLE 17 PERFORMANCE REVIEW............................................................... 21
ARTICLE 18 PROMOTIONS.................................................................................. 22
ARTICLE 19 PAY PLAN......................................................................................... 26
ARTICLE 20 WORKWEEK.................................................................................... 29
ARTICLE 21 OVERTIME........................................................................................ 31
ARTICLE 22 EXCHANGE OF TIME....................................................................... 32
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ARTICLE 23 CALL BACK........................................................................................33
ARTICLE 24 INCENTIVE PAY................................................................................34
ARTICLE 25 EDUCATION...................................................................................... 35
ARTICLE 26 CERTIFICATION................................................................................36
ARTICLE 27 UNIFORMS........................................................................................ 37
ARTICLE 28 VACATIONS.......................................................................................39
ARTICLE 29 HOLIDAYS......................................................................................... 41
ARTICLE 30 BEREAVEMENT LEAVE....................................................................42
ARTICLE 31 COURT TIME..................................................................................... 43
ARTICLE 32 JURY DUTY....................................................................................... 44
ARTICLE 33 INSURANCE...................................................................................... 45
ARTICLE 34 PENSIONS......................................................................................... 46
ARTICLE 35 DOCUMENTS.................................................................................... 47
ARTICLE 36 USE OF PERSONAL VEHICLES...................................................... 48
ARTICLE 37 STATION CONDITIONS.................................................................... 49
ARTICLE 38 SAVINGS CLAUSE........................................................................... 50
ARTICLE 39 REPLACEMENT OF PERSONAL PROPERTY................................ 51
ARTICLE 40 PREVAILING BENEFITS................................................................... 52
ARTICLE 41 DURATION OF AGREEMENT........................................................... 53
ARTICLE 42 EMPLOYEE ASSISTANCE PROGRAM........................................54
ARTICLE 43 EMPLOYEE BILL OF RIGHTS................................................. 55
ARTICLE 44 SICK LEAVE ....................................................................... 56
ARTICLE 45 LEAVES OF ABSENCE............................................................. 58
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ARTICLE 46 FITNESS FOR DUTY........................................................................ 59
ARTICLE 47 COMMUNICABLE DISEASES.................................................... 60
ARTICLE 48 DISABILITY LEAVE ................................................................. 62
ARTICLE 49 SUBSTANCE ABUSE POLICY AND TESTING................................ 6364
ARTICLE 50 MEDICAL EXAMINATIONS.................................................... 6465
SIGNATURE PAGE................................................................................................ 6566
ATTACHMENT A
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ARTICLE 1 PREAMBLE
Section 1. This Agreement is entered into by and between THE VILLAGE OF
TEQUESTA, hereinafter referred to as the Village, and the PROFESSIONAL FIRE
FIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.
hereinafter referred to as the Union.
Section 2. It is expected that all members of the Bargaining Unit will, at all times,
exhibit the high degree of professionalism and moral standards commensurate with the
stature of the position of uniformed public servant being entrusted to them.
Section 3. It is the purpose of this Agreement to establish an orderly and peaceful
procedure for settling differences, which may arise, and to set forth the basis and full
agreement between the parties concerning rates of pay, wages, hours of work, and other
conditions of employment.
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Agenda Item #15.
ARTICLE 2 RECOGNITION
The Village recognizes the Union as the exclusive bargaining representative for the
employees of the Village of Tequesta Fire-Rescue Department certified by the Public
Employees Relations Commission (PERC cert. #RC-2007-004) as follows:
COVERED BY THIS AGREEMENT: All full-time and probationary
personnel in the position of: Firefighter «'ro.0 fin Zj htor I7 Firowf figh+or III nneJ
Mrofinh}or 111� Firefighter/Paramedic Icirofigh+o In/Daramorlin I
irofirYh�or/D�r�morlir+ II �irofirYh�or/D�r�morlir 1111 ana Lieutenant
> >
nffir+or RaQn,io nfiror nnrl RoQn,io nfiror
> > III and Lieutenant/Paramedic
Maltz l io Clffinor/Dnrnmorlir_ I Lineal io Clffir+or/Dnrnrmor�lia_ III
•
NOT COVERED BY THIS AGREEMENT: Fire Chief, Captain (Fire
Officer, Fire Officer I ana, Fire Officer II %nrd giro n:NI inor III), part-time
firefighters and part-time fire inspector, non-certified employees in the Fire
Department, and all other employees of the Village of Tequesta.
Part-time employees are not included in the bargaining unit and wages, hours, and terms
and conditions of employment for part-time employees shall not be controlled by this
agreement. If part-time employee is hired as a full-time employee, this agreement shall
be applicable as of the first day of such employee's full-time employment.
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ARTICLE 3 DUES CHECKOFF
Section 1. Employees who wish to join the Union and have their dues and
assessments deducted through the payroll system may authorize the Village to make
such deductions by using the Union's "Dues Check-off Authorization" form. This
authorization shall remain in effect until such time as the Village has received notice of
revocation of this authorization. Deductions shall be submitted to the Union each payroll
period, and an itemized statement shall be provided to the Union on a monthly basis.
Section 2. The Union shall remit to the Village on a quarterly basis the sum of
$1.00 as the administrative fee for each change in the dues check-off, invoiced by the
Village. Failure to pay this quarterly fee shall delay the payment of the dues deduction
until the fee is paid.
Section 3. The Union agrees to indemnify and hold the Village harmless against
any and all claims, suits, order or judgments brought or issued against the Village on
account of dues erroneously collected by the Village and/or remitted to the Union. The
Union further agrees to refund to the Village any amounts paid to the Union in error upon
presentation of proper evidence thereof.
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Agenda Item #15.
ARTICLE 4 UNION BUSINESS
Section 1. Each employee shall be allowed to voluntarily contribute any accrued
leave to the Union Time Pool. The Union Time Pool may be used for Union business
upon approval by the Union President or designee. Employees shall be released from
duty on Union Time Pool only if the established needs of the service permit, with the
approval of the Chief.
Section 2. Union Time Pool hours will be used on an hour for hour basis.
Section 3. The Union will be allowed two (2) designated employee
representatives from the Bargaining Unit, in addition to the Union's elected District Vice
President who shall be permitted to participate in labor contract negotiation sessions while
on duty with no loss of pay or emoluments. It is contemplated that the designees will not
change except for substantial reason not related to the question of pay or scheduling.
Section 4. It is agreed that the employees identified in Section 3 above will be
compensated at a straight time rate of pay on an hour for hour basis. In the event the
person covering the shift is unable to work and the Village has to call in overtime, the
Village will pay the employee and deduct from the union time pool, sufficient funds to
cover the hourly rate, either straight or time and one half as necessary.
Section 5. It is further agreed that the Village shall provide a written accounting
of the usage of the Union Time Pool on a monthly basis.
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ARTICLE 5 BULLETIN BOARDS
Section 1. The Village shall furnish space at the Fire Station for a bulletin board
for the purpose of Union notices. Material posted shall be approved by the Fire Chief or
his or her designee. Any notice placed on the bulletin board shall bear on its face the
legible designation of the person responsible for placing such notice or item on the board.
Section 2. Bulletins, notices, or materials posted shall contain nothing of a
derogatory nature towards the Village, its elected officials, its officers, employees, political
candidates, or others. Postings in favor of political candidates are also prohibited.
Section 3. Notices posted must be dated and bear the signature of the Fire
Chief and Union Officer or his or her authorized representatives who shall be held
responsible for the content of such material.
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ARTICLE 6 MEETING ROOMS
Section 1. The Village agrees to grant the Union permission to use meeting rooms
for its meetings as space and scheduling permit.
Section 2. The Union will supply the Village with an annual schedule of
meetings and will provide seventy-two (72) hours notice of special meetings.
Section 3. The Union agrees to leave any meeting room in its original condition
at the end of the meeting. The Union will be financially responsible for any damage to
facility, equipment or furnishings.
Section 4. On duty personnel shall be able to attend meetings that are held
within the Village of Tequesta provided that there shall be no delay on call response due
to their attendance of any such meeting. All such meetings, shall be approved by the Fire
Chief at least forty eight (48) hours in advance of the meeting.
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ARTICLE 7 MANAGEMENT RIGHTS
Section 1. Subject to the specific provisions of this Agreement, the parties agree
that the Village has and will continue to retain the rights 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 the Agreement are retained by the
Village.
Section 2. The rights of the Village through its management officials shall include,
but shall not be limited to;
a. The right to determine the organization of the Village government;
b. To set standards of service to be offered to the public; to direct the employees of
the Village, including the right to assign work and overtime;
c. To schedule the working hours;
d. To hire, examine, classify, promote, train, transfer, layoff, recall, schedule
and assign.
e. To suspend, demote, discharge, or take other disciplinary action against
employees for just cause;
f. To alter or amend work rules or regulations; to exercise control and
discretion over the organization and efficiency of operations of the Village.
g. To make and enforce work standards, protocols, and operational standards;
h. To determine the content of job classifications;
i. To determine the locations, methods, means and personnel by which
operations are to be conducted, including the right to determine whether
goods and services are to be made or purchased.
j. To establish, modify, combine or abolish positions; to establish, change or
eliminate existing methods of operation, materials, equipment or facilities
and to establish implement and maintain an effective internal security
program .
k. To determine the purpose for each of its constituent departments;
I. To increase, reduce, change, subcontract, modify or alter the composition
and size of the work force, including the right to relieve employees from duty
because of lack of work or funds;
m. The Village has the authority to determine its purpose and mission and to
prepare and submit budgets.
Section 3. The exercise of rights enumerated in this Article shall not conflict
with other provisions of the Agreement.
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Agenda Item #15.
ARTICLE 8 MEETINGS WITH MANAGEMENT
Section 1. At mutually agreeable times and upon request of either party, the
District Vice President or President of the Union and the Fire Chief shall meet for the
purpose of discussing any matter of mutual interest.
Section 2. The District Vice President or the President of the Union may schedule
meetings with the Village Manager to discuss matters of concern provided that the
request for such a meeting is submitted in writing and identifies, at least generally, the
issues to be discussed. If such issues involve the operation of the Fire Department, such
issues must be brought forward for discussion with the Fire Chief, except in the event that
such issues involve the performance of the Fire Chief.
Section 3. The purpose of these meetings is to stimulate ideas and foster good
working relationship between the Union and the Village. These meetings are not intended
to circumvent the chain of command, but instead are designed to provide an opportunity
to communicate ideas and/or suggestions and to avert possible grievances. All
grievances, however, must be addressed through the proper procedure as established
by this Agreement.
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ARTICLE 9 SAFETY COMMITTEE
Section 1. There is a Safety Committee in the Village of Tequesta, which
consists of representatives of all departments, with the Human Resources Director
serving as the Chair and the Fire Chief as the Co-Chair. One (1) member may be
appointed by the Union to serve on this Safety Committee.
Section 2. The Safety Committee shall elect a Chairman and set meetings at
least quarterly, or more or less often if needed.
Section 3. The purpose of these meetings will be to discuss safety and health
conditions for all employees with the Village of Tequesta and in accordance with F.S.
633.810 for the Fire-Rescue Department.
Section 4. Meetings shall be conducted on a semi-formal basis following an
agenda, which shall include items submitted by any member of the Committee to the
Chairman at least ten (10) calendar days prior to the meeting, together with such
information as may be helpful in preparing a meaningful meeting agenda program. The
agenda shall be provided to each member of the Committee. The Safety Committee_shall
arrange for minutes to be taken of each meeting and for distribution of copies to each
member of the Committee in advance of the next meeting.
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ARTICLE 10 NON-DISCRIMINATION
Section 1. All employees shall have the right to form, join and participate in, or
refrain from forming, joining or participating in any employee organization of their
choosing, including the Union. Neither the Village nor the Union shall interfere with,
restrain or coerce public employees in the exercise of any rights guaranteed them under
Chapter 447, Part II, Florida Statutes, or the provisions of this Agreement
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Agenda Item #15.
ARTICLE 11 STRIKES AND ILLEGAL ACTIVITY
Section 1. A "strike" shall be defined as the concerted failure to report for duty,
a concerted absence of employees from their positions, a concerted stoppage of work, a
concerted submission of resignations, a concerted abstinence in whole or in part by
employees from the full and faithful performance of their duties of employment with the
Village, or participating in a deliberate or concerted course of conduct which adversely
affects the services of the Village, or the concerted failure to report for work after the
expiration of a collective bargaining agreement.
Section 2. The Union recognizes that strikes by public employees are prohibited
by Article I, Section 6 of the Florida Constitution and section 447.505, Florida Statutes.
The Union agrees not to authorize, instigate, or otherwise support a strike, as defined in
this Article, and to undertake its best efforts to prevent or terminate any strike which
occurs in contravention of this commitment.
Section 3. The Union recognizes that it and all acting in concert with it shall be
liable to the penalties set forth in section 447.507, Florida Statutes, in the event of a strike
in violation of this Article; provided, the Union shall not be liable for such penalties for a
strike it did not authorize, instigate or otherwise support if the Union has complied with
the requirements of the second sentence of Section 2 of this Article, and provided further
it shall be the Union's affirmative obligation to show such compliance.
Section 4. The Village shall have the right to unilaterally terminate the
employment of any employee engaging in a strike. The only issue which shall be
grievable with reference to the termination is whether or not the employee was in fact
engaged in a strike.
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Agenda Item #15.
ARTICLE 12 PERSONNEL REDUCTION
Section 1. In the case of a personnel reduction, probationary employees in the
classification to be reduced shall be laid off first. Thereafter, the employee in the
classification to be reduced with the least seniority shall be laid off first. For purposes of
this Article, employees who have any unsatisfactory remark in their performance
evaluation during the most recent annual evaluation shall have their seniority reduced by
one year.
Section 2. Employees of the Department who are laid off from their
classifications may bump into the next lower classification for which they are qualified or
previously held in which case they may bump the most junior employee in the lower
classification if that junior employee has less seniority.
Section 3. Employees who are laid off shall be recalled to the classification in
the reverse order in which they were laid off (those most recently laid off are the first
recalled) provided the employee is recalled within twelve �12) months of the date he or
she was laid off and provided that the employee continues to meet the minimum
requirements to perform the duties and responsibilities of the classification to which the
employee is recalled. Employees on layoff and subject to recall shall be offered recall
before employees are hired into their classification or shall be offered a new position in
another lateral or lower classification for which they are qualified before new employees
are hired into these other classifications. Notice of recall shall be mailed to the employees
last known address on file via certified mail with proof of delivery. If a written response is
not received from the laid off employee, within ten (10) business days of the date of
delivery, said employee shall forfeit their right to be recalled under the provisions of this
Agreement.
Section 4. Employees who are laid off shall be paid for all of their accrued sick
leave at a rate fifty percent (50%) of their regular rate of pay. Employees who are laid off
shall also be paid their accrued vacation leave up to 320 hours at one hundred percent
(100%) of their regular rate of pay.
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Agenda Item #15.
ARTICLE 13 SENIORITY
Section 1. Seniority shall be determined from date of hire as a full-time
employee with the Village Fire-Rescue Department, as a full time, paid employee. Part-
time fire fighters and part time fire inspectors shall not accrue seniority. If two (2) or more
employees have the same date of hire, seniority shall be determined by date of application
with the Village.
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Agenda Item #15.
ARTICLE 14 PROBATIONARY EMPLOYEES
Section 1. New employees will be on probation fora period of one (1) year from
the date of hire; however, the new employee's probation may be extended if the employee
becomes unable to work full duty for any reason. If the probationary period is extended,
the new employee's probation will continue when they return to full duty and last until they
have completed a total of twelve (12) months of probation. During the probationary
period, new hire probationary employees may be disciplined up to and including
termination with or without cause and shall have no rights to have the disciplinary action
including termination, grieved or arbitrated.
Section 2. Employees who are promoted shall be on probation in the promoted
position for a period of twelve (12) months from the date of promotion.
Section 3. Employees hired on or after October 1, 2018 who fail to successfully
complete the Paramedic check-off process witriin sixteen (16) moo++ho q ,"a11;f,ra+inr,s:::Ind fnr
. . . . . . . . . . .
thin
C)f
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I "I %-R 1 1.1 1%.#I I I I I 1 4.1"I U V V%,.#I I%j I W%A 1
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months of employment shall be terminated, unless additional time is granted in six month
increments by the Fire Chief due to hardship or unforeseen circumstances. If
Section 4. Newly hired probationary employees may not use vacation time or
time exchange during their probationary period. Time exchanges for probationary
employees may be granted for educational purposes and extreme hardships, if approved
by the Fire Chief.
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Agenda Item #15.
ARTICLE 15 DISCIPLINARY ACTION AND DISCHARGE
Section 1. The Village may at any time dismiss or otherwise discipline any non-
probationary employee and any promoted probationary employee for proper cause. The
Village shall consider, among other things, the seriousness and frequency of offenses
when determining the appropriate discipline. Employees are not entitled to a particular
number of warnings prior to the imposition of discipline or discharge. The Village may, at
any time, discipline or dismiss any probationary new employee with or without proper
cause.
Section 2. The Village shall furnish a non-probationary employee and a
promoted probationary employee whom it dismisses from Village employment a written
statement outlining in detail the reasons for the termination and the date and time such
termination becomes effective. A copy of the above-mentioned statement shall also be
furnished to the employee's Department head. In any case in which an employee is
disciplined, the standard of proof shall be by a preponderance of the evidence.
Section 3. If criminal charges have been formally instituted against an
employee, the Village may place said employee on a leave of absence with or without
pay, or reassign the employee to an administrative position. During such leave of
absence, the Village may investigate and take appropriate disciplinary action against the
employee, and if no disciplinary action has been instituted, the employee shall be
reinstated and awarded back pay for the period of said leave of absence
Section 4. The Village shall notify an employee of the institution of any
administrative review or investigation, the result of which could ultimately result in the
imposition of discipline against the employee known by the Village at said time to be
involved, within ten (10) working days of the incident which gave rise to the review or
investigation or the Department Head's or Acting Department Head's knowledge of such
incident, whichever is later.
Section 5. Nothing contained herein shall preclude the Village from increasing,
decreasing or otherwise modifying any intended degree of severity of discipline prior to
the time such discipline is imposed by the Village. Provided, however, the Village may
not impose additional discipline against an employee for the same incident and based
upon the same facts and circumstances unless there is evidence or additional information
not known to the Village at the time of discipline being imposed which can support the
additional discipline. This limitation shall not prevent the Village from utilizing such
discipline as part of a progressive disciplinary program or as part of the employee's
employment record for further disciplinary actions or personnel purposes.
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Agenda Item #15.
ARTICLE 16 GRIEVANCE AND ARBITRATION PROCEDURE
Section 1. A grievance shall be defined as a dispute over the interpretation or
application of the provisions of this Agreement and a dispute over the discipline or
discharge of any member (except new hire probationary employees) covered by this
Agreement.
STEP 1. A written grievance shall be filed within ten (10) calendar days of
the event giving rise to the grievance. The grievance shall be filed with the
Fire Chief. The Fire Chief shall meet with and discuss the grievance with
the aggrieved employee and Union representative if requested by the
employee, within five (5) calendar days of the written grievance. An answer
to the grievance shall be submitted to the Union and to the aggrieved
employee, in writing, within five (5) calendar days thereafter.
STEP 2. If the grievance has not been satisfactorily resolved in Step 1, the
grievance shall be filed within seven (7) calendar days following the
completion of Step 1. The grievance shall be filed with the Village Manager.
The Village Manager, or his or her designee, shall meet with and discuss
the grievance with the aggrieved employee and Union representative if
requested by the employee, within five (5) calendar days of the written
grievance. An answer to the grievance shall be submitted to the Union and
to the aggrieved employee, in writing, within five (5) calendar days
thereafter.
STEP 3. If the grievance has not been resolved in Step 2, the Union may
request a final and binding disposition by filing a written request for
arbitration with the Federal Mediation and Conciliation Service (FMCS)
within ten (10) calendar days of the completion of Step 2. A panel of seven
(7) arbitrators shall be requested and the moving party shall strike first.
Either party may reject one entire panel, and the rejecting party shall
request a replacement panel from the FMCS. The Union shall have the
exclusive right to proceed to arbitration on behalf of bargaining unit
employees.
Section 2. Failure of the Village to respond within the timeliness guidelines of a
grievance shall result in the grievance being advanced to the next step. Failure of the
employee or Union to respond within the timeliness guidelines of a grievance shall result
in dismissal of the grievance.
Section 3. Expedited Arbitration.-Terminations
Grievances filed in respect of an employee's termination shall be arbitrated on an
expedited basis. To accomplish this goal, the Village and the Union agree upon the
following procedures;
(1) The arbitrator must be notified immediately.
(2) After an arbitrator has been selected, the arbitration hearing shall be
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Agenda Item #15.
held no later than thirty (30) days thereafter, unless the arbitrator is
unavailable within this thirty (30) day period.
(3) Briefs, if any, must be filed with the arbitrator no later than fifteen (15)
days after the close of the hearing, or after receipt of the transcript,
if a transcript is requested.
(4) The arbitrator must render an opinion within twenty (20) days of
receipt of the briefs.
Section 4. The cost of the arbitration shall be divided equally between the
parties.
Section 5. The Union reserves the right not to represent employees who are not
members of the Union.
Section 6. In the event that either party claims that a dispute is non-arbitrable
the arbitrator will rule on that issue and also on the merits of the grievance if it is
determined to be arbitrable.
Section 7. The arbitrator shall have no power to alter, modify, amend or subtract
from the terms of the Agreement. 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 twenty (20) business days prior to the filing of a grievance.
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Agenda Item #15.
ARTICLE 17 PERFORMANCE REVIEW
Section 1. Employees shall be evaluated annually by their immediate supervisors
and reviewed at higher levels. The format for rating an employee's job performance shall
be consistent with other departments in the Village and approved by Management. Any
guidelines, suggestions, or goals established in the annual performance review shall be
obtainable and able to be satisfied during on-duty hours while working a regular working
schedule and may be used as the basis for an unsatisfactory rating on that evaluation.
Such guidelines, suggestions or goals may be modified by the Captain, or designee,
during the evaluation period if necessary. In the event any guideline, suggestion or goal
becomes unobtainable or is unable to be completed or complied with due to
circumstances beyond the control of the employee, as determined by the Captain or
designee, such guideline, suggestion, or goal shall be evaluated as "N/A" for not
applicable rather than "U" for unsatisfactory.
Section 2. Employee may file a grievance over his or her performance rating
providing that such a grievance may not be taken to arbitration.
Section 3. Employees who have spent less than six (6) months in their current
step as a result of being recently hired ^r 8o I I ZJI r%.,%.#%.#IonorI%.I.Y r I N.0^rReforl �^ (%—.F I I I%lffi�or. shall not be
eligible for a step increase on October 1 of the first fiscal year following the employee's
date of hire or date of promotion. Such employees shall not be eligible to proceed to the
next step in the pay plan until the next performance review period the following October.
Employees promoted to Officer will be able to step on October . in accordance with
Attachment A. However, failure to pass probationary promotion will result in demotion and
related wage adjustment.
Section 4. Any employee not in his or her new-hire probationary period who
receives an unsatisfactory evaluation shall not be entitled to a step increase for at least
ninety (90) days. At the end of the ninety (90) day period, such an employee shall be re-
evaluated. If the employee then attains a satisfactory or better evaluation, such employee
shall receive his or her step increase retroactive to his or her review period. If an
employee again receives an unsatisfactory evaluation, the employee shall not receive a
step increase for that year and may be subject to discipline with just cause. Employees
still in their new-hire probationary period who receive an unsatisfactory evaluation shall
be terminated.
21
Page 290 of 512
Agenda Item #15.
ARTICLE 18 PROMOTIONS
Section 1. Filling of Positions: Once a bargaining unit position higher than
firefighter becomes vacant or is expected to be vacated the promotional process will
begin. The position announcement as well as the job description and qualifications for
that position will be posted by the Fire Rescue Administration Office. All qualified persons
must submit their intent to be considered for the position in writing to the Chief's Office
within the time frame outlined in the announcement.
Section 2. Notification of Examination: Employees will be given written notice,
posted on all work location bulletin boards, at least ninety (90) days in advance of a target
promotional examination date. The testing will commence no sooner than ninety (90)
days after the notice, nor later than one hundred and fifty (150) days after the notice.
Source materials from which the examination is drawn shall be given in writing concurrent
with the exam announcement and shall be in print or otherwise obtainable at the
applicant's expense.
Section 3. Application for Examination: No employee shall be permitted to apply
for a promotional examination after the announced closing date
Section 4. Eligibility Criteria for Promotional Examinations.
A.) In order to be eligible to take a promotional examination, the applicant must
not have had any disciplinary action resulting in a suspension of twenty (24)
hours or more or any demotion, during the twelve (12) months preceding
the posting date of the notice of examination.
B.) Employees who apply for a promotion must have five (5) years of
experience in this department with a thorough knowledge of fire rescue
k And hn'd the raRk of Mroflahto�T
service wor . Time spent in a part time or
interim employee shall not be considered years of experience.
Section 5. Selection Procedures.
A) Selection procedures for Rescue Officer—I shall include written
examinations, an oral interview board, and may include practical exercise
evaluations. Other considerations that will be added to the examination
scoring are Personnel evaluations, time in grade and educational
background, which shall be specified at the Announcement.
B) First preference shall be given to qualified persons within the Department.
If there are no qualified persons from within the Department, or the
applicants fail in the examination process, the Chief of the Department may
advertise and hire through outside sources. At least one of the written tests
shall be obtained from an outside entity and the Village shall give and score
the test.
22
Page 291 of 512
Agenda Item #15.
Section 6. Testing Security Procedures.
A.) All candidates for promotion shall sign a statement that they are not related
by blood or marriage to any exam development team or committee member;
and that they have not received any prior knowledge of test items.
B.) Candidates for the same rank shall be tested at the same time, subject to
the Village's ability to adequately staff the Department.
C.) Prior to the exam, the facilitator will announce a zero tolerance policy for
cheating, and follow up with close and continuous proctoring of the exams
(which may include video taping for documentation). Meaning, that any
employee caught cheating shall be disqualified from the promotional
process and subject to the appropriate disciplinary action.
D.) Protest Procedure:
1. The proper procedure for protesting shall be announced prior to
starting the test and shall include the following:
a. Item not from the reading list
b. No correct answer available
C. More than one correct answer
2. All protests must be noted at the conclusion of the exam. No
candidates are to be involved in the discussions related to the
resolution.
3. If a protest is determined to be valid, the affected item shall be
removed from the test of all candidates. All protests shall be resolved
within three (3) days of the exam.
E) Oral interviews shall be conducted using a blind numbering system. Each
candidate shall be assigned an applicant number, which shall be used as
an identification, in lieu of their name during the interview process.
Section 7. Written Examinations.
A) Eligible, qualified applicants shall take a written examination which shall be
graded. The passing grade (cutoff score for further consideration in the
process) for each written examination shall be established prior to the test
being scored.
Section 8. Oral Interview Boards.
A) All applicants receiving a passing grade on the written examination shall
participate in the Oral Interview process; and
23
Page 292 of 512
Agenda Item #15.
B) The interview shall be conducted using a panel of three (3) interviewers,
and shall be structured using a prepared series of questions relating to the
position being sought (the Village may use multiple panels if they determine
that the number of applicants is great enough); and
C) The results of the oral interview shall be scored.
Section 9. Overall Promotion Scoring.
A) Weighting - Each component of the test shall be stand on its own merit. In
other words, each segment of the test will be scored with the total number
of correct answers. The sum of all tests will be added together to obtain the
top scoring applicant. The number of questions for each segment of the
test will announced as soon as possible, but at least thirty (30) days before
the testing begins.
B) Tie Breakers- In the event of a tie in the overall score, the tie shall be broken
by rating the applicant who had the highest written examination scores
above any other applicant who otherwise would have had a tie in the overall
score. If after comparing the written examination scores, a tie still exists, it
shall be decided by seniority.
Section 10. Promotional Registers.
A) Applicants who have passed the written exam and oral interview shall be
placed on the Promotional Register.
Section 11. Duration of Promotional Register:ster: A Promotional Register shall
remain in effect for eighteen (18) months from the date the Register is established.
However, the Fire Chief can decrease or extend the time limit for the good of the
Department.
Section 12. Removal From Promotional Re gi The name of any applicant
appearing on a Promotional Register may be removed, permanently, if the applicant
submits a written request, or as a result of a demotion or suspension of greater than one
(1) or more shifts.
Section 13. Selections From Promotional Registers.
A) Selections for promotions will be from the Promotional Register and shall
be made by the Fire Chief who will select from the top two (2) scoring
applicants '
immin of nrmmn
B) .
hi It U1111 rofoin him nr hor nnizifinn nn thin DrmmnfinnAl poriiztor and ho
24
Page 293 of 512
Agenda Item #15.
IWorind fnr flit,iro nrnrmn �
C) Promotions and/or transfers to non-bargaining unit positions and/or non-
shift positions shall be filled at the discretion of the Fire Chief, with final
approval by the Village Manager.
25
Page 294 of 512
Agenda Item #15.
ARTICLE 19 PAY PLAN
Section 1 Wade Levels
A) Pa. Plan - The wage levels for bargaining unit employees in the classifications
included in the Recognition Article are set forth in Attachment attached to, and made a part of,this
Collective Bargaining Agreement.
B.) Schedule of Wage Increases The pay plan set forth in Attachment A shall be
effective the first toll pay period beg nnng on or after October 1, 2024, or after ratification by
c,v� f�r♦� �r, /���nn�mar.� /� c,Ln11 La a��anti��a
of parties i.e., there will no retroactive payments ,�� ��
Employees
shall advance in the pay plans set forth in Attachment A in accordance with the terms of this
Collective Bargaining Agreement.
Section 2 Minimum Requirements for Firefighter/Paramedic
New firefi hg ter/paramedics will be required to meet the following minimum
requirements within these stated timelines; _ for
• Complete Paramedic check off within 16 months of hire date (upon being authorized by
the Medical Director to perform as a solo paramedic).
• Obtain State of Florida certification as a Pump Operator in accordance with Florida Statute,
Chapter 633 within 24 months of hire date and is required to maintain same.
• Obtain certification for a 40 hour class in Aerial Operations within 24 months of hire date.
off
• Complete in house driver check o program within 30 months of hire date, with full-time
assignment made by the Fire Chief, unless additional time is granted in six month
increments by the Fire Chief, due to hardship or unforeseen circumstances.
it a Fi i ra C-L i a���L a T T:M i Ar pracQ JL �-t
Sub j ect to the receipt of a satisfactory performance review, topped out employees will receive an
annual, merit payment
of$1,500.
Section 3 Paramedic and Assignment Pay
26
Page 295 of 512
Agenda Item #15.
A) Paramedics—All Bargaining Unit Employees who are Department functioning solo
Paramedics shall keep current their certification as a paramedic and failure to do so may result in
disciplinary action. The base wage rates for all paramedics reflected in this Agreement include a
fifteen percent (15%) increase from the comparable wage rate for an EMT.
B) If a person other than the current Medical Director serves as the Medical Director
for the Village, this section shall be re-opened for further negotiations.
Q Water Rescue - Employees who are assigned to the Village's water rescue team
shall receive a payment of 2,002 which will not be added to base pay and will be paid in
the form of a . $7~ payment on each paycheck. the Dive Team Coordinator shall receive an
additional payment of$1,001 which will not be added to base pay and will be paid in the form of
a $3 8.5 0 payment on each paycheck.
D) Employees assigned as EMS Logistics Officer shall receive a payment of
I $2,002 which shall not be added to base pay and will be paid in the form of a $77
payment on each paycheck.
E) Employees assigned as the Narcotics Officer shall receive a payment of $2,002
which shall not be added to base pay and will be paid in the form of a $77.00 payment on each
paycheck.
F) Up to 2 employees may be assigned as Field Trainers at a time, and shall each
receive a 2.5% assignment pay while working in in such capacity
Section 4. Step Increases.
A) Step Increases - Employees step increases will be given at annual intervals each
I October 1 St-as reflected it kttachment A Step increases may be withheld in accordance with
Article 17 of the Agreement.
Section 5 Promotional Increases.
A) Employees who are promoted to the rank of Lieutenant ,
will initially be
paid at the starting rate for that classification, provided that, if the starting rate results in less than
six (6%) percent raise for the employee, then the employee shall be paid at the next highest step
which will provide at least a six percent(6%) raise.
0
0
27
Page 296 of 512
Agenda Item #15.
Rrzn �n�� ;f-T��3j
--- -�, Z-d kJ--_ I _- ---- _ .
I }BB) No employee can exceed the top of the pay range fxor. In the event a
promotional increase would result in the employee exceeding the top of the pay range for the rank
to which the employee is being promoted, the employee will be paid at the top rate.
Section 6 Working in other Classifications
A) Fire Fighters - Fire Fighters/Paramedics temporarily assigned to work as, or do the
work o-' Lieutenants for six (6) hours or more, shall receive a five percent (5%) wage
supplement.
B) Lieutenants - Lieutenants temporarily assigned to work as, or do the work of
Captains for six (6) hours or more, shall receive a five percent (5%) wage supplement.
Assignments shall be made from the promotional register if there are persons on
said register from the shift in which the assignment or temporary appointment is needed.
If there are no such persons on the register then the assignment or temporary assignments
shall be made from among those who satisfy the promotional eligibility requirements for
the position to which the assignment or temporary assignment is being made. If there are
still no available employees, the assignment or temporary assignment may be made as
management determines. Temporary assignments shall be made by the Fire Chief iij
��
28
Page 297 of 512
Agenda Item #15.
ARTICLE 20 —WORK WEEK
Section 1. Twenty-Four (24) Hour Shift Employ
A. The Village will comply with the provisions of the Fair Labor Standards Act,
and compensate accordingly, unless modified by the provisions of this Agreement.
Combat employees of the Fire Department work a forty-eight (48.0) hour workweek. This
is based on working one hundred and forty four (144) hours, in a twenty one (21) day
work cycle with a regular work schedule of twenty four (24) hours on duty followed by
forty eight (48) hours off duty with a regularly scheduled day off ("Kelly Day") every
seventh shift.
No Employee shall be permitted to work in excess of forty eight (48) hours straight without
a twelve (12) hour break in between shifts. No employee shall be permitted to work more
than ninety six (96) hours in any seven-day period, except in emergency cases as
determined by the Chief of the Department.
B. The starting time is 7:30 a.m.
C. Kelly Days will be selected in September and are made annually, based
upon shift assignments for the following January. For all 24 hour shift employees, the
selection of Kelly Days shall be determined by shift, based on seniority as defined in the
current Collective Bargaining Agreement. Restrictions shall be determined annually by
the Fire Chief and shall become effective the first Kelly day cycle commencing the
following January.
D. Kelly Days may be exchanged on a permanent or temporary basis by two
mutually agreeable employees within the defined work schedule, in accordance with the
Fair Labor Standards Act and subject to staffing requirements being met. In the event a
request to exchange Kelly Days will span across two or more work cycles, such request
must be approved by the Department, with approval or rejection occurring within seventy-
two (72) hours of submission of the request.
E. If an employee accepts a promotion or assignment into a new classification,
the employee's selection of Kelly Day shall remain the same, if the employee is assigned
to the same shift.
F. If an employee is to be transferred to a different shift by the Village, the
employee with the most seniority shall maintain his or her previously scheduled Kelly Day.
If an employee's Kelly Day is bumped due to transfer, the bumped employee shall select
a Kelly Day from the remaining days available, until such time a new selection process
has begun.
G. If a problem arises in the implementation of this Article, the Fire Chief shall
resolve the problem.
29
Page 298 of 512
Agenda Item #15.
Section 2. Early Release.
Personnel may be released from duty prior to their normal ending time if the
following criteria are met:
A. The release must be approved by the senior or highest ranking Station
Officer who shall note the time of the release in the station log.-
B. Both employees must be in agreement of exchange.
C. Both employees must have equal certifications and qualifications.
D. The release must be for two (2) hours or less.
30
Page 299 of 512
Agenda Item #15.
ARTICLE 21 OVERTIME
Section 1. The Village agrees to compensate employees in accordance with the
provisions of the Fair Labor Standards Act for all hours worked in excess one hundred
and forty four (144) hours over a twenty one (21) day work cycle. Pay shall be at the rate
of time and one-half (1.5) the employee's base rate of pay including assignment and
incentive pays.
Section 2. For operational employees, overtime shall be issued in accordance
with the department's overtime policy, which may be amended by the Fire Chief, except
as modified by this Agreement.
Section 3. All employees shall be paid overtime in one quarter (1/4) hour
increments and in the pay period that the overtime occurred.
Section 4 For the purpose of computing hours worked, bereavement leave
shall not be included as hours worked.
Section 5 All hours worked during a declared state of emergency, as declared
by the Village Council Whon nnn_essen}iol ernnleyee!' are
wont hnmo- shall be
compensated of nne �nrl nne_holf fimi=Q the ernnie iee's real ilor rofo of r»li when izi lah
�eY1re�'C'innC'' fnrm�� nr hi irrinenesin accordance with the Village's Emergency
Pay policy (4.14), dated May 11, 2023.
31
Page 300 of 512
Agenda Item #15.
ARTICLE 22 EXCHANGE OF TIME
Section 1. Shift employees may exchange shifts, or parts of shifts, with another
employee subject to approval by the highest ranking officer on the shift on which the
exchange is occurring. The purpose of this officer review is to ensure that the staffing
needs of the department are met If staffing needs are not satisfied as a result of the
proposed exchange, the exchange shall be denied. A request for a shift exchange shall
be approved or denied within seventy two (72) hours of submission.
Section 2. Exchange of time shall be requested through the Village's
designated scheduling software.
Section 3. No exchange of time can result in an employee working in excess of
two (2) consecutive shifts.
Section 4. When an employee who is scheduled to exchange time for another
employee does not report or goes off duty for any reason, that employee will be charged
with either vacation or sick time for all work hours missed. If the employee does not have
any time left in these banks, then they shall be placed in a non-pay status. The employee
not reporting or going off duty will have the option of finding an emergency trade time
(replacement), in order to fill the shift. If this occurs no time accrual banks will be used.
Section 5. All pay-backs for exchange of time are the responsibility of the
employees involved in the exchange.
Section 6. Hours worked under this Mutual Exchange of Time Article shall not
be counted towards extra compensation as outlined under Article 19 Pay Plan, Section
6 Working in other classifications.
Section 7. The rules and regulations regarding exchanges of time may be
amended by written mutual agreement between the Fire Chief and Union President.
32
Page 301 of 512
Agenda Item #15.
ARTICLE 23 CALL BACK
Section 1. Any employee called back to duty (required to report at a location)
shall be paid for actual time worked at the rate of time and one-half (1.5) the employee's
straight time rate of pay in one-quarter (1/4) hour increments. An employee shall receive
a minimum of three (3) hours callback pay. However, if the call-back is cancelled within
thirty (30) minutes of the time the employee is informed of the call-back, the employee
will only be compensated for one (1) hour pay. Employee's may be held by the Officer
on duty and be required to stay and assist in other Fire Department duties during the
three (3) hour call back time frame.
The Village will comply with the provisions of the Fair Labor Standards Act and
compensate accordingly for all other off duty work that does not require reporting to a
work location.
33
Page 302 of 512
Agenda Item #15.
ARTICLE 24 INCENTIVE PAY
Section 1.
A) In order to provide a pool of employees who are certified, and available, the
Village shall pay the following amounts to employees who are certified as noted herein.
Incentive pay shall be paid in twenty-six (26) equal installments.
I. State Certified Fire Inspectors: 1-�A:A9 2 002 over base pay
II. State Certified Fire inspector 2: $1,001 over base pay
III. AS Degree (reimbursed by the State of Florida): $600.00
IV. B.S. or Masters Degree (reimbursed by the State of FL): $1,320.00
Section 2. For employees hired prior to October 1, 2010, incentive pay shall be
considered as salary for purposes of employee's pension calculations.
34
Page 303 of 512
Agenda Item #15.
ARTICLE 25 EDUCATION
Section 1. Tuition Reimbursement - Tuition reimbursement shall follow the
Village Training Programs Policy 6.2 (revised November 8, 2007) with the inclusion of
Section 2 below.
Section 2. Department Vehicle Use - Employees may utilize a department
vehicle for authorized training approved by the Fire Chief. In the event a Department
Vehicle is not available to the employee, the Village will reimburse the employee for
mileage at a rate in accordance with Federal Reimbursement rate guidelines.
Section 3 At the discretion of management, there will be one (1) paramedic
scholarship awarded on an annual basis where funds allow, to attend paramedic school.
Where the scholarship is funded and budgeted in a particular year, all applications must
be submitted to the Village by October 1 and the scholarship shall be awarded on
November 15. The Village shall pay the school directly for all cost of the employee
attending paramedic school. Where employment is terminated within one (1) year of
attendance, the employee will be required to repay the Village on a pro-rats basis.
35
Page 304 of 512
Agenda Item #15.
ARTICLE 26 CERTIFICATIONS
Section 1. Recertification. -_Any recertification course required by the State of
Florida, and which is not available to the employee while on duty, will be completed by
the employee while off duty and shall not be considered as time worked. Any
recertification course required by the Village, but which is not required by the State of
Florida, and not available to the employee while on duty, will be completed by the
employee and shall be considered as time worked.
Section 2. The Village will pay for, or reimburse employees for, all costs
associated with renewal, recertification, or maintenance of an employee's certification by
the State of Florida as an EMT, Paramedic, Fire Instructor, or Fire safety Inspector.
36
Page 305 of 512
Agenda Item #15.
ARTICLE 27 UNIFORMS
Section 1.
A. The Village shall provide all newly hired employees with the following
department issued uniforms;
3 Polo's
3 Work pants
3 T-shirts
1 Class B Shirt
1 Jacket
1 Job Shirt/Sweatshirt
1 Jumpsuit
1 Belt
1 Ball cap style_hat
1 Badge, Name Tag and Collar Brass
1 Pair physical training shorts
1 Pair board shorts (this new item shall, on a one-time basis, be provided
to all existing bargaining unit employees within three months of ratification of this
agreement).
and the following department issued Bunker Gear;
1 coat
1 pair of pants
1 helmet
1 pair of boots
1 pair of gloves
1 set of suspenders
1 Nomex hood
Once an employee completes new-hire probation, he or she will also be provided with a
complete "Class A" dress uniform.
B. Replacement of Items -The Village will replace all items in accordance with
department policies and procedures.
Section 2. Boot Allowance - The Village shall provide up to a $150.00 annual
boot allowance to all employees to purchase boots from the Village's approved boot list.
This annual boot allowance shall be provided in addition to the provision of bunker gear
boots per Section 1 above.
Section 3. Employee Responsibility - Employees have a responsibility to
maintain their uniforms in a condition which presents a professional appearance to the
public. Upon termination, all issued equipment shall be returned to the Department in
acceptable condition before the last paycheck is given to the employee. The cost of
missing or destroyed equipment shall be deducted from the employee's last paycheck.
37
Page 306 of 512
Agenda Item #15.
Where an employee retires from service with the Department and has completed
ten (10) or more years of service, he or she shall be allowed to keep his or her helmet
and badge. An employee shall be allowed to keep his or her expired helmet when the
same is replaced by the Department.
The Fire Chief and the Union President shall be authorized to enter into an
agreement whereby the laundering of uniforms would be completed by a third party
vendor.
38
Page 307 of 512
Agenda Item #15.
ARTICLE 28 VACATIONS
Section 1. Amount of Vacation.- Bargaining unit members earn annual leave based
upon Table 1. Newly hired employees are not eligible to use annual leave during their
probationary period. Newly hired employees will not be compensated for time off, if granted,
during their probationary period. At the successful completion of the new hire probationary
period, newly hired employees will be credited the amount of vacation leave they would have
accrued as of the date of hire. Pay stubs shows the current hourly balance of all leave types as of
the day the payroll was processed. Personnel can convert the hours to shifts by dividing the
number of hours by 24. You earn annual leave throughout the year, earning 1/26 of your annual
allotment each pay period.
Annual leave is accrued (or earned) at the following rates:
Twent -four hour shift personnel
Years of employment Number of Bi-Weekly
weeks accrual
Date of hire thru 4th ear Two weeks 3.69 hours
Sth year thru 9th year Three weeks 5.53 hours
loth year and more Four weeks 7.38 hours
Tablel
Section 2. Vacation Scheduling.
A). You may use your annual leave after you become a regular employee (off probation)
of the Village of Tequesta Fire Rescue. Vacations must be scheduled in advance.
B). Fire-Rescue Administration shall post a vacation pick schedule in ample time to assure
that each employee is given an opportunity to pick two vacation slots before the beginning of the
new calendar year. Each employee will be able to pick their annual leave selection dates according
to seniority. Annual leave selection periods maybe full slot selections or may be divided into two
half-slot leave selections, per the individual's request and feasibility. If divided, the second leave
slot will be chosen after every individual has had at least one chance for a vacation selection pick.
Employees utilizing the vacation pick schedule, once approved, are guaranteed their annual leave
request. (Except in cases of a disaster when leaves may be cancelled for all employees).
Employees not utilizing the vacation pick schedule are not guaranteed leave, it will up to the
discretion of the Fire Chief; these leave requests will be processed on a first come, first served
basis.
Single shifts or partial shifts may be granted after the vacation pick schedule has expired.
In other words, after everyone has had a chance to pick their second vacation request. Single shifts
or partial shifts maybe taken in as little as (12) twelve-hour blocks as long as it does not interfere
with the operation of the Department and the request is submitted ten(10) days in advance of the
requested day off.
39
Page 308 of 512
Agenda Item #15.
Q. The maximum number of employees permitted to be on annual leave at one time shall
be one (1) employee per scheduled shift, i.e., a total of three (3) employees (one(1)per shift) may
be off at any one time. The parties agree that this provision allowing three (3) employees off at
any one time shall be discussed by and between the Fire Chief and the Union President at the start
of the 2022-23 contract year and may be amended by written mutual agreement between them at
that time.
D). When requesting annual leave outside the vacation pick schedule, employees submit
your leave request to your supervisor for approval, utilizing the department's designated
scheduling software. The supervisor shall confirm that the request is in accordance with this
policy, approve the request and forward it to Fire Rescue Administration. Fire Rescue
Administration must receive your request ten (10) days in advance of the requested day off. All
annual leave requests are subject to final approval by the Fire Chief.
Section 3. Cancellation or Modifications-Any other modifications or cancellations require
at least two weeks advance notification to Fire Rescue Administration.
Section 4. Emergency Leave - The Fire Chief, for unusual or emergency
circumstances, may grant leave outside the time frames listed above, providing the request does
not reduce staffing below minimum levels.
Section 5. Vacation Carr.. - The maximum number of annual leave hours you
may carry over from year-to-year is 320 hours. This carry-over occurs on October lst of each
year. You must use any leave over the maximum accrual rate prior to the October lst date or you
will lose the additional time.
Section 6. Transfers - If an employee is to be transferred to a different shift by the
Village, the employee shall maintain his or her previously scheduled vacation without bumping
any of the already scheduled employees from their selection.
Vacation leave requests maybe adjusted backwards or forward by 48 hours by the Fire Department
Administration if an employee's shift is changed.
Section 7. Donating Vacation Leave - You may donate a portion of your accrued
annual leave to the sick leave accrual or bank of an eligible employee who requests the same,
pursuant to the Village Sick Leave Donation Request procedures. This will be accomplished by
using forms provided by the department. Employee donations must be made in minimum eight(8)
hour increments. The hourly rate of pay for an employee donating annual leave time shall be
irrelevant in relation to the hourly rate of pay of the employee receiving the donation. You waive
any and all future claims to donated annual leave in this regard.
Section 8. Payment for Unused Leave upon Separation - If you resign your position
with the proper two-week notification, or if you are terminated for reasons beyond your control,
you are paid for any outstanding annual leave balance up to the maximum accrual. The Fire Chief,
with the Village Managers approval, may waive the two-week resignation notice.
40
Page 309 of 512
Agenda Item #15.
ARTICLE 29 HOLIDAYS
Section 1. Twenty-Four (24) Hour Shift Employ.
Twenty-four (24) hour shift employees shall work the observed holidays as part of their
regular tour of duty. The following are recognized Holidays by the Village:
New Year's Day (January 1)
Martin Luther King, Jr.'s Birthday (3rd Monday in January)
President's Day (3rd Monday in February)
Memorial Day (Last Monday in May)
Juneteenth National Independence Day (June 19)
Independence Day (July 4tn)
Labor Day (1st Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (4t" Thursday of November)
Day after Thanksgiving
Christmas Eve (December 24)
Christmas Day (December 25)
New Year's Eve (December 31)
Twenty-four (24) hour shift employees shall receive eight (8) hours additional pay (base
pay, plus all incentives) for each of these holidays identified above, whether they are on
duty or off during the Holiday.
The eight (8) hours of additional pay for the New Year's Day (January 1) Holiday shall be
reduced by six (6) hours and the six hours by which the New Year's Day Holiday pay was
reduced shall be credited to the Union Time Pool Bank. The employee shall receive the
other two (2) hours additional pay in accordance with the preceding paragraph.
41
Page 310of512
Agenda Item #15.
ARTICLE 30 BEREAVEMENT LEAVE
Section 1. Twenty-Four (24) Hour Shift Employes - In the case of a death in
the immediate family, the employee shall be entitled to one shift off with pay. If the death
occurs while the employee is on duty, the employee shall also be entitled to the rest of
the shift off with pay.
Section 2. Immediate Family- The immediate family consists of the employee's
spouse, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother-in-
law, sister-in-law, children, (natural, adopted, and step), sisters and brothers (natural,
adopted, step and half), grandparents, grandchildren and domestic partners.
Section 3. An employee may extend bereavement leave by using vacation or
sick leave with the approval of the Fire Chief. A maximum of 48 hours sick leave extension
may be requested.
42
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Agenda Item #15.
ARTICLE 31 COURT TIME
Section 1 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. Employees shall receive the standard Village per
mile travel expense allowance for all mileage incurred while using an employee's personal
vehicle provided that the employee remits to the Village any mileage and/or witness fee's
received by the employee.
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Agenda Item #15.
ARTICLE 32 JURY DUTIES
Section 1 - Employees will be given leave without loss of pay or benefits for jury
duty pursuant to a summons, upon presentation to the Fire Chief of the summons 72
hours prior to the assigned reporting date with all relative documentation. Employees
shall be required to return to work at the end of their jury duty, unless riot excused by the
court prior to 5:00 pm or they are empaneled on a jury and required to report again the
next day ��'a^ Payment received by
the employee for jury duty, except for mileage reimbursement, must be endorsed over to
the Village.
44
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Agenda Item #15.
ARTICLE 33 — INSURANCE
Section 1. Health Insurance - Employee Coverage; The Village shall provide
traditional Health Insurance at no cost to the employee; dependent coverage paid at
seventy five percent (75%) by the Village and twenty five percent (25%) by the
employee. Dependent coverage shall be paid through payroll deductions (24 times per
year).
A. In the event an employee opts to participate in the Village's high
deductible plan, the Village shall fund the employee 's Health Savings Account
(HSA) in an amount equal to the difference between the amount the Village would
have paid if the employee participated in the traditional health insurance plan and
the amount the Village will pay as a result of the employee's election to
participate in the high deductible plan, rounded to the nearest $10. The employee
and children rate will be used to determine the family contribution.
6 . The Village contribution to the HSA will be made on a monthly basis, and is
subject to the limitation on contributions allowed by IRS for the calendar year. If the total
amount contributed to the employee's HSA by the employee and the Village has reached
the maximum allowed by the IRS for the calendar year, the Village will not be required to
make any contributions for the remainder of the calendar year.
C . The Village shall also allow an annual sell back of sick leave which
allows employees to fund their individual HSA by "selling" sick leave at the rates provided
for in Article 44 (Sick Leave), section 5.
Section 2. Health Insurance Provider - The Union shall continue to be allowed
to participate on the committee or task force established for the purpose of selecting the
Village's health insurance provider and the plan of benefits to be offered to employees.
The health insurance provider and the plan of benefits offered to bargaining unit
employees shall be the same as the health insurance provider and plan of benefits
offered to other non-unionized employees of the Village.
Section 3. Dental Insurance -The Village will provide Dental Insurance with employee
coverage paid one hundred percent (100%) by the Village. Optional dependent coverage
shall be paid by the employee with the employee paying one hundred percent (100%) of
the difference between the cost of individual coverage and dependent coverage.
Dependent coverage may be paid through payroll deductions (24 times per year). The
Union shall continue to be allowed to participate on the committee or task force
established for the purpose of selecting the insurance provider and the plan of benefits
to be offered to employees. The dental insurance provider and the plan of benefits
offered to bargaining unit employees shall be the same insurance provider and plan of
benefits offered to other employees of the Village.
Section 4. Life Insurance - The Village will provide each full-time employee, at no
cost, life insurance coverage in the amount of 1.5 times their annual salary plus
$5,000.00 rounded to the next higher $1,000, subject to a maximum of $150,000.
45
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Agenda Item #15.
ARTICLE 34 PENSIONS
Section 1: Pension ordinance(s) applicable to bargaining unit employees shall
not be changed during the term of this Agreement, except as provided herein, unless
otherwise agreed to by both of the parties.
In the event that a Pension Board meeting is scheduled during a Pension Board Member's
normal work schedule, that employee shall be released from duty with no loss of pay or
benefits.
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•
Section 32: The Village and Local 2928 hereby agree and mutually consent in
satisfaction of the requirements of Section 175.351, Florida Statutes, that all monies
received pursuant to Chapter 175, Florida Statutes, shall be utilized to reduce the
Village's required contribution to the Public Safety Employees' Pension Plan.
Section 43: If the Village opts out of participation in Chapter 175, or in any way
causes the State of Florida to cease issuance of proceeds pursuant to Chapter 175, the
employee contribution rate shall immediately decrease from six percent (6%) to five
percent (5%).
Section _ Coincident with entry into the DROP, an employee shall have the
option of selling back to the Village their accrued hours of vacation and/or sick leave,
subject to the provisions of Article 44.
Section 6:
Mrin ' . In fiscal year 2025/26, this
article may be reopened no sooner than April 1, 2026 for additional bar,_ainincL
46
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Agenda Item #15.
ARTICLE 35 DOCUMENTS
Section 1. The Village agrees to provide one (1) copy of each of the following
documents to the Union without charge:
• Final budget, budget changes and amendments for the Department.
• Year-end financial statement for the Village and the Department.
• Administrative orders.
• Regulations and personnel policies relating to bargaining unit employees.
• The Village will put the fire department policy and procedure on its website,
commencing fiscal year 2011/12.
• The Village shall provide to all employees, a copy of the current EMS protocols
and copies of all changes as they are made.
Section 2. Department Manuals
The Village shall provide a copy of the Department Manual, with all revisions thereto, to
each employee.
Section 3. Other Documents
Where additional documents are required, the Union will make a public records request
through the Village Clerk's office, and pay the prevailing copying and labor costs.
47
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Agenda Item #15.
ARTICLE 36 USE OF PERSONAL VEHICLES
Section 1. If an employee is requested to use their personal vehicle, the
employee shall be paid the standard Village per mile rate to offset their automobile
expenses, payable in accordance with the accounts payable procedures.
Section 2. Employees traveling for Village business shall be covered by
Worker's Compensation in accordance with the State Law and Village Policy.
48
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Agenda Item #15.
ARTICLE 37 STATION CONDITIONS
Section 1. In order to prevent the spread of communicable diseases and to
provide protection from hazardous materials routinely associated with the job of fire
fighting the Village shall continue to provide washing machines and dryers in all stations.
The Village shall also provide laundry soap for the purpose of laundering uniforms and
other related items.
Section 2. In order to prevent the spread of infectious diseases between
patients, employees and the members of the Public, the Village shall have disinfecting
facilities in accordance with section 5.8 of the National Fire Protection Code 1581, 2005
edition, in the fire station, where practical.
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Page 318of512
Agenda Item #15.
ARTICLE 38 SAVINGS CLAUSE
Section 1. Should any section or portion of this Agreement be held invalid or
unlawful by any court of competent jurisdiction, such decision of the court shall apply only
to the specific section or portion thereof, directly specified in the decision. Upon the
issuance of such decision, the Village and the Union agree to immediately negotiate a
substitute, if possible, for the invalidated section or portion thereof. Any remaining
portions of this Agreement shall remain in full force and effect and shall not be affected
thereby.
50
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Agenda Item #15.
ARTICLE 39 REPLACEMENT OF PERSONAL PROPERTY
Section 1. The Village agrees to pay a reimbursement fee not to exceed one
hundred dollars ($100.00) per calendar year for prescription eyeglasses and contact
lenses damaged in the line of duty through no fault or negligence of the employee.
Reimbursement shall be made upon completion of a damage report filed by the
employee by the end of the shift on which the damage occurred. All claims for
reimbursement are subject to review and approval by the Fire Chief.
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Agenda Item #15.
ARTICLE 40 PREVAILING BENEFITS
Section 1. All job benefits in effect at the time of the execution of this agreement
hereto for authorized by the Village or benefits provided ordinance or Code of the Village
or Village Council not specifically provided for or abridged by this agreement shall remain
in full force and effect for the duration of the Agreement.
Section 2. The Village and the Union will meet at the request of either party to
negotiate any proposed changes in those rights and benefits not specifically covered by
this agreement, provided, however, no changes shall be made except where a waiver
exists or where the changes negotiated in accordance with Chapter447, Florida Statutes.
52
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Agenda Item #15.
ARTICLE 41 DURATION OF AGREEMENT
Section 1 It is understood by and between the parties that this Agreement and
any side agreements executed by the parties constitute the entire agreement between
the parties and shall be effective October 1, 2024, and shall continue through
September 30, 2027, with the exception of Article 34 (Pensions) and Article 49
(Substance Abuse Policy and Testing), which the Village and the Union have a reed to
reopen as outlined in each Article. The agreement shall be automatically renewed
annually provided, however, that either party may give written notice two hundred and ten
(210) days in advance of the expiration of the Agreement of its intention to renegotiate
the Agreement or specific Articles of the Agreement. Such written notification shall
include an enumeration of the items to be renegotiated. Only those items identified by
either party are subject to negotiation. Any party providing such notice must thereafter
provide written proposals on all articles identified in the notification by April 15. If a
mutually satisfactory agreement is not reached within an appropriate time period, all
disputed matters shall be resolved in accordance the Chapter 447, Florida Statutes, and
this Agreement shall continue in effect as the status quo.
53
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Agenda Item #15.
ARTICLE 42 EMPLOYEE ASSISTANCE PROGRAM
Section 1 - Fire Rescue Personnel are included in the Village of Tequesta
Employee Assistance Program.
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Agenda Item #15.
ARTICLE 43 EMPLOYEE BILL OF RIGHTS
Section 1 - All Bargaining Unit employees shall be afforded the protection
spelled out in the Fire fighter Bill of Rights, Section 112.80-1112.84, Florida Statutes,
which shall be deemed fully incorporated herein.
55
Page 324 of 512
Agenda Item #15.
ARTICLE 44 SICK LEAVE
Section 1. It is agreed between the parties that sick leave use can have a
detrimental effect on the daily operation of Fire-Rescue, including the workload of other
Fire-Rescue employees, the level of service Fire-Rescue provides to the public, and the
safety of the other employees. The Village and Professional Firefighters/Paramedics of
Local 2928 agree to make every effort to express the importance of dependability and
reliability in regards to employee attendance to all members of The Village of Tequesta
Fire-Rescue.
A.) Bargaining unit members shall receive 4.42 hours of sick leave per
pay period. All Bargaining unit members shall be able to carry over
a maximum of 1600 hours of sick time, with any excess hours
forfeited on October 1 of each year.
B.) Probationary employees shall be awarded sick leave time on a pro-
rata basis for the remainder of the year starting after the sixth (6th)
month from the date of hire.
Section 2. Approved Sick Leave Use - Sick leave shall be awarded on an hour
for hour basis to employees for the following reasons provided, that the condition is not
job related:
A.) Incapacitation due to illness or injury.
B.) Attendance would jeopardize the health of co-workers due to
exposure to a contagious illness/disease.
C.) Prescribed medical treatment that falls on duty days.
Care of an immediate family member, residing with the employee for
whom the employee is rendering medically related assistance, and
there is no other person available to care for said individual.
D.)Hospitalization of a family member.
E.) Pregnancy and maternity leave.
F.) Any absence not described above that prior authorization is received
from the Fire Chief.
Section 3 Sick Leave Procedure - It shall be the employee's responsibility to
notify the on duty shift officer at least sixty (60) minutes prior to the start of their shift with
the reason for their absence- ^^a it.;r,r, r r,r�l nh^r,o r„imhor nt Whir►h +ho., r►r r, be
rea
A.) Sick leave shall be awarded on an hour for hour basis, in quarter
hour increments, for all employees.
B.) Employees are required to provide a note from their health care
provider after sick leave is taken in excess of 48 hours due to the
illness or injury of the employee, which note shall indicate the
employee's expected date of return.
C.) Employees may return to work at any time after calling in sick.
However, they may only return to work one time during a shift.
D.) If, in the opinion of the immediate Supervisor, an employee is
determined to be too ill/injured to work, the Supervisor may
56
Page 325 of 512
Agenda Item #15.
recommend that the employee be sent home. The first Non-
Bargaining Unit Supervisor, above the immediate Supervisor of the
employee in question, shall have the authority to send the employee
home, based on the recommendation of the immediate Supervisor
and direct observation of the employee.
Section 4 Sick Leave Buy Back - Effective October 1 of each fiscal year, any
eligible employee who has been continuously_employed for at least twelve (12) months
and who has an accrued sick leave balance of four hundred eighty (480) hours at
September 30, and who has taken no more than forty eight (48) hours of sick leave during
the twelve (12) month period immediately preceding October 1 of each fiscal year, may
surrender forty (40) hours for cash payment at one hundred percent (100%) of their
current hourly rate, including any incentive or assignment pays then in place. 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. Payments will be made on the first payroll run in December of each year.
The Village will compile a list of employees who are eligible to convert excess sick leave
to cash payment. If eligible, employees will be notified by the Village of how many days
may be converted and the date by which the employee needs to decide. Employees will
respond indicating the amount of days they wish to convert.
Section 5. Separation - Upon separation from the Village in good standing,
with proper notice, or for reasons beyond the employee's control, the employee shall be
paid for his/her accrued sick leave according to the following schedule.
YEARS OF EMPLOYMENT PERCENTAGE OF ACCRUAL
PAID TO EMPLOYEE
Cl � fhrni irh I�lir�o (Q) 7G
r�o (1 Dorr+ont
I %-#I I kiwi %.411%.A %.WV D o rn�t
One 1 through Four 4 25 Percent
Five 5 through Nine 9 33 Percent
Ten 10 through Nineteen 19 40 Percent
Twenty 20 through Twenty-Four 24 50 Percent
Twenty-five (25) or more 55 Percent
57
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Agenda Item #15.
ARTICLE 45 LEAVES OF ABSENCE
Section 1 Family and Medical Leave - Eligible employees shall be entitled,
upon written request, to a leave of absence without pay or benefits for up to twelve (12)
weeks, in accordance with the Family Medical Leave Act. Employees will be required to
use accrued leave when FMLA is taken.
Section 2 Military Leave With Pay - Leave of absence and re-employment
rights of employees inducted into the military service shall be as provided in the Uniformed
Services Employment and Re-employment Rights Act of 1994 (USERRA) and Chapter
115, Florida Statutes, and as the same may be amended from time to time.
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Page 327 of 512
Agenda Item #15.
ARTICLE 46 FITNESS FOR DUTY
Section 1. Physical Fitness
A.) Parties acknowledge the fact that firefighting is a physically demanding and
hazardous profession; and both parties have a vested interest in assuring that
personnel in this profession are performing at peak performance. Therefore, in a
joint effort between the Union and the Village, they agree to establish a baseline
physical fitness standard for all combat personnel. This standard will be
incorporated into the Department's Policy and Procedure Manual, entitled
"PHYSICAL FITNESS", which may be amended from time to time by agreement
between the Fire Chief and the Union President.
B.) On an annual basis, all combat personnel shall participate in this physical fitness
program developed to assure a standardized basic physical fitness level for all
personnel to safely perform their assigned duties and functions.
Any employee, who cannot pass the physical fitness assessment, shall be granted
a ninety (90) day remediation period. If at the end of this ninety (90) day
remediation period; the employee is still unable to pass the physical fitness
assessment, he shall be placed on off duty status for another ninety (90) period.
Failure to pass the physical fitness assessment after the one hundred and eighty
(180) day period shall be cause for termination. Employee shall be permitted to
use sick leave and or vacation leave during this off duty status period.
C.) Employees will be required to pass a physical fitness assessment prior to being
reassigned to emergency duties after any medical procedure, such as a surgical
procedure and/or broken bones, etc. Also, any absence from on the job and/or
active duty for a period greater than ninety (90) calendar days.
Any employee, who cannot pass the physical fitness assessment designed for their
position after their extended leave or medical procedure, shall not be
permitted to return to duty until such time he or she is able to pass this physical
fitness assessment. If the employee cannot pass the physical fitness assessment
within one hundred and eighty (180) days from the first attempt, the Village has
every right to terminated the employee and fill their position.
D.) Village shall provide in all permanent fire station locations, a physical fitness area
equipped with a standard complement of exercise equipment.
E.) Neither party shall have the right to grieve or arbitrate this Article, unless the
provisions of this Article are violated.
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Agenda Item #15.
ARTICLE 47 COMMUNICABLE DISEASES
Section 1 Communicable Diseases - This Article shall be in accordance with
Florida Statues 112.181 Firefighters, paramedics, emergency medical technicians and
special provisions relative to certain communicable diseases.
A. Presumption. - Any emergency rescue or public safety worker who suffers
a condition or impairment of health that is caused by hepatitis,
meningococcal meningitis, or tuberculosis, that requires medical treatment,
and that results in total or partial disability or death shall be presumed to
have a disability suffered in the line of duty, unless the contrary is shown by
competent evidence; however, in order to be entitled to the presumption,
the emergency rescue or public safety worker must, by written affidavit as
provided in Florida Statutes 92.50, verify by written declaration that, to the
best of his or her knowledge and belief:
1) In the case of a medical condition caused by or derived from
hepatitis, he or she has not:
a) Been exposed, through transfer of bodily fluids, to any person
known to have sickness or medical conditions derived from
hepatitis, outside the scope of his or her employment
b) Had a transfusion of blood or blood components, other than
a transfusion arising out of an accident or injury happening in
connection with his or her present employment, or received
any blood products for the treatment of a coagulation disorder
since last undergoing medical tests for hepatitis, which tests
failed to indicate the presence of hepatitis;
c) Engaged in unsafe sexual practices or other high-risk
behavior, as identified by the Centers for Disease Control and
Prevention or the Surgeon General of the United States, or
had sexual relations with a person known to him or her to have
engaged in such unsafe sexual practices or other high-risk
behavior; or
d) Used intravenous drugs not prescribed by a physician.
2) In the case of meningococcal meningitis, in the 10 days immediately
preceding diagnosis he or she was not exposed, outside the scope
of his or her employment, to any person known to have
meningococcal meningitis or known to be an asymptomatic carrier of
the disease.
3) In the case of tuberculosis, in the period of time since the worker's
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Page 329 of 512
Agenda Item #15.
last negative tuberculosis skin test, he or she has not been exposed,
outside the scope of his or her employment, to any person known by
him or her to have tuberculosis.
B. Immunization - Whenever any standard, medically recognized vaccine or
other form of immunization or prophylaxis exists for the prevention of a
communicable disease for which a presumption is granted under Florida
Statues 112.181 , if medically indicated in the given circumstances pursuant
to immunization policies established by the Advisory Committee on
Immunization Practices of the United States Public Health Service, an
emergency rescue or public safety worker may be required by his or her
employer to undergo the immunization or prophylaxis unless the Village's
physician determines in writing that the immunization or other prophylaxis
would pose a significant risk to the worker's health. Absent such written
declaration, failure or refusal (which shall be in writing) by an emergency
rescue or public safety worker to undergo such immunization or prophylaxis
disqualifies the worker from the benefits of the presumption.
nAll fnr fli i Qhnfgz to thin omninvooz
Section 2. TB Screening - The Village shall provide a tuberculosis screening
annually for all bargaining unit employees.
Section 3. Record of Exposures - The Village of Tequesta shall maintain a record
of any known or reasonably suspected exposure of an emergency rescue or public safety
worker in its employ to the diseases described in this section and shall immediately notify
the employee of such exposure. An emergency rescue or public safety worker shall file
an incident or accident report with his or her employer of each instance of known or
suspected occupational exposure to hepatitis infection, meningococcal meningitis, or
tuberculosis.
Section 4. Required Medical Tests; Pre-Employment Physical. In order to be
entitled to the presumption provision an emergency rescue or public safety worker must,
prior to diagnosis, have undergone standard, medically acceptable tests for evidence of
the communicable disease for which the presumption is sought, or evidence of medical
conditions derived there from, which tests fail to indicate the presence of infection. This
paragraph does not apply in the case of meningococcal meningitis.
61
Page 330 of 512
Agenda Item #15.
ARTICLE 48 DISABILITY LEAVE
Section 1 On-The-Job Disability. Any employee, who incurs an illness or is injured
while acting within the scope of his or her employment, and whose Workers' Compensation
claim has not been controverted by the Village by filing a Notice to Controvert shall be
entitled to disability leave with no loss in pay or benefits, except as otherwise stated in this
agreement, until the employee returns to the essential duties of the employee's position; is
medically able to return to the essential duties of the employee's position; or receives a
determination that the employee will not be able return to the essential duties of the
position, and receives pension benefits; provided that such benefits (excluding Pension
Benefits) are limited to a maximum of nIII 1%.#%..Y'nefy MMone nundr+ d and eighty (180) calendar
days. Further provided, that if the employee returns to work and later goes out with the
same illness/injury, that employee's time-shall be cumulative with respect to the
done hundred and eighty(180) calendar days maximum cap.
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 eighty(180) calendar 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. Extensions may not exceed a combined two hundred
and seventy(270) total calendar days.
If a controverted claim for Workers' Compensation is later resolved to pay Workers'
Compensation benefits, then the employee shall be entitled to disability benefits under this
Article, retroactively. Disability benefits shall also be payable if a Workers' Compensation
claim is not filed if the disability as proved in this Section is for seven (7) or less.
Section 2 Light Duty (On-The-Job Disability). The Village has the right to assign
an employee who incurs an illness or is injured in the line of duty as provided in Section 1
of this Article, to light duty within the Fire-Rescue Department, or outside the Department if
the employee agrees, so long as the employee's medical condition permits. An employee
who does not wish to accept a light duty assignment under this section may use sick leave
and then vacation until each has been exhausted, after which, an employee who refuses a
light duty assignment in the Department shall not be entitled to benefits under this Article
and shall go to unpaid status. An employee assigned to light duty shall suffer no loss in
pay or benefits.
Section 3 Light Duty (Off-The-Job Disability).An employee who incurs an illness or
injury outside the line of duty or who cannot perform regular responsibilities due to
pregnancy may request and shall be entitled to work light duty if a position is determined by
the Fire Chief to be available, if the employee qualifies for the position, and if the employee's
medical condition permits. An employee working such light duty position shall be paid and
shall be entitled to benefits, as provided for that position.
Section 4 Short Term Disability - For non-job-related illness/injuries, an
employee shall have a maximum of twelve (12) months within which to return to the
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Agenda Item #15.
essential duties of the employee's position, with or without a reasonable accommodation.
For job-related illnesses/injuries, employees shall have a maximum of eighteen (18)
months within which to return to the essential duties of the employee's position, with or
without a reasonable accommodation. The ability to perform the essential duties of a
position shall be determined by the Fire Department Physician. Provided, that if an
employee returns to work and later goes back out with the same injury/illness, within six
(6) months of that employee's return to work from the initial illness/injury, that employee's
time shall be cumulative with respect to the twelve (12) or eighteen (18) month maximum
cap.
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Agenda Item #15.
ARTICLE 49 SUBSTANCE ABUSE POLICY AND TESTING
Section j.) The Village and the Union recognize that substance abuse in our
nation and our community exacts staggering costs in both human and economic terms.
Substance abuse can be reasonably expected to produce impaired job performance, lost
productivity, absenteeism, accidents, wasted materials, lowered morale, rising health
care costs, and diminished interpersonal relationship skills. The Village and Union share
a commitment to solve this problem and to create and maintain a drug free work place
policy.
The Village and the Union agree to follow the Village of Tequesta Drug Free Policy
3.12, with the inclusion of the provisions of this Article.
Section 2.) Additional Testing: In addition to the testing prescribed in the
Village's Drug Free work place policy additional testing will be conducted and as required
by applicable state or federal laws, rules, or regulations.
Section 3.) Post Accident Testing: If an employee is involved in an accident in
which the employee was driving, and any one of the following occurs: an individual dies,
an individual suffers a bodily injury and immediately receives medical treatment away
from the scene of an accident or the driver is determined to be at fault for the accident by
a law enforcement agency.
Section 4.) Random Testing: Testing employees for alcohol and controlled or
illicit drugs shall be performed. Random selection of employees will be made by a random
selection software program. Employees selected for random testing shall be tested on
the day the employee is selected on duty. If off duty, the employee shall be tested on the
employee's next shift. The Village shall test at least 50% of the employees on an annual
basis for drug testing and at least 25% of the employees on an annual basis for alcohol
testing.
Section 5.) The Village reserves the right to test for any other drug deemed to be
illegal by any federal, state, or local law or regulation at levels provided for by applicable
law.
Section 6.) The parties agree that the provisions of this Article and Policy 3.12,
as referenced in Section 1 above, may be amended by mutual, written agreement
between the Fire Chief and Union President.
Section 7.) The parties agree that should recreational use of marijuana become
legal in the State of Florida, Local 2928 may demand to reopen this Article for additional
negotiation between the parties to determine whether or not this Article will be amended
in light of the same.
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Agenda Item #15.
ARTICLE 50 MEDICAL EXAMINATIONS
Section 1. Medical Examinations
A). Both parties recognize the fact that firefighting is a strenuous and
dangerous profession; and both parties have a vested interest in assuring that personnel
in this profession are performing at peak performance. Therefore, in the spirit of
cooperation the Village and the Union agree to abide by the Department's Medical
Examination Policy, which may be amended from time to time, by agreement between
the Fire Chief and the Union President insofar as such policy applies to bargaining unit
employees, until such time that both parties have had the opportunity to fully explore and
develop new medical examination standards.
B). All employees may be required to submit to a drug test during their
examination.
C). All combat personnel shall take annual medical examinations and
behavioral health screen with the vendor of choice by the Fire Department. The Fire
Rescue Administrative Staff will coordinate the medical exams arid behavioral health
screenings with the employees, and the vendor. Employees will complete their medical
examination on their own time. Failure to complete the medical examination during the
selected period may result in the employee being placed on unpaid administrative leave,
unless prior authorization has been granted by the Fire Rescue Administrator, until such
time as the process is complete.
D). Any employee who cannot perform the essential functions of their position,
in the opinion of the Fire Department Physician, shall not be permitted to engage in fire
suppression until the requirements are met. Any employee who disagrees with the results
or recommendations of a medical examination conducted by the Fire Department
Physician shall be entitled to seek a second opinion from a qualified physician of their
choice at the employee's expense. If there is a disagreement between the Fire
Department Physician and the employee's physician, a third physician agreeable to both
the FD Physician and the employee shall be consulted for a final determination. The cost
of a third party physician shall be split between the employee and Fire-Rescue. The
decision made by these physicians shall be binding upon both parties and neither party
shall have the right to have this decision grieved or arbitrated.
E). All employees shall receive, and be required to pass a medical examination
prior to being reassigned to emergency duties after any absences greater than six (6)
months.
F). Employees may be required to pass a medical examination prior to being
reassigned to emergency duties after any medical procedure, such as a surgical
procedure and/or broken bones, etc, or a medical absence that created an absence from
active duty on the job greater than one (1) month.
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Agenda Item #15.
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
��2024.
VILLAGE OF TEQUESTA PROFESSIONAL FIRE FIGHTERS OF
PALM BEACH COUNTY, LOCAL 2928, IAFF
Jeremy Allen David Toohey
Village Manager 2nd Executive Vice President
James Trube Jason Fawcett, DVP 20
Fire Chief Negotiating Team Member
Ratified by the Village of Tequesta Ratified by the Union
on the_day of , 2024 on the_day of , �'�2024.
Confirmed by: Confirmed by:
Lori McWilliams Name?
Village Clerk Title
66
Page 335 of 512
Agenda Item #15.
Atttachment A
1AFF Wage & Step Table
1-Oct-24
Step FF FF M RO RO M
1 $ 62,810 $ 72,232 $ 77,472 $ 89,093
2 64,694 74,399 79,796 91,766
3 66,635 76,631 820190 94,519
4 68,634 78,930 84,656 97,355
5 70,693 811298 87,196 100,276
6 72,814 83,737 89,812 103,284
7 74,998 86,249 92,506 106,383
8 771#248 88,836 95,281 109,574
9 79,565 91,501 98,139 112,861
10 81,952 941246 101,083 116,247
11 84,411 97,073 1040115 119,734
12 86,943 99,985 107,238 123,326
13 8%551 102,985 110,455 127,026
14 921238 106,075 113,769 130,837
15 95,005 109,257 117,182 134,762
Annual Lump Sum, Incentive, and Assignment Payments
Lump Sum Payment -Topped Out Merit $1,500
Assignment Pay- Dive Team/Water Rescue 2,002
Assignment Pay- Dive Team/Water Rescue Coordinator 1,001
Assignment Pay- EMS Logistics Officer 2,002
Assignment Pay- Narcotics Officer 2,002
Assignment Pay- State Certified Fire Inspector 2,002
Assignment Pay- State Certified Fire Inspector II 1,001
Incentive Pay-A.S. Degree State Contribution Only 600
Incentive Pay- B.S. Degree State Contribution Only 1,320
Page 336 of 512
Agenda Item #15.
Atttachment A
1AFF Wage & Step Table
1-Oct-25
Step FF FF M RO RO M
1 $ 65,951 $ 75,843 $ 81,346 $ 93,548
2 67,930 78,118 83,786 96,354
3 69,968 80,462 86,300 99,245
4 72,067 82,876 88,889 102,222
5 74,229 85,362 91,556 105,289
6 76,456 87,923 94,303 108,448
7 78,750 90,561 97,132 111,701
8 811#113 93,278 100,046 115,052
9 83,546 96,076 103,047 118,504
10 86,052 98,958 106,138 122,059
11 88,634 101,927 109,322 125,721
12 91,293 104,985 112,602 129,493
13 94,032 108,135 115,980 133,378
14 96,853 111,379 119,459 137,379
15 99,759 1141720 123,043 141,500
Annual Lump Sum, Incentive, and Assignment Payments
Lump Sum Payment -Topped Out Merit $1,500
Assignment Pay- Dive Team/Water Rescue 2,002
Assignment Pay- Dive Team/Water Rescue Coordinator 1,001
Assignment Pay- EMS Logistics Officer 2,002
Assignment Pay- Narcotics Officer 2,002
Assignment Pay- State Certified Fire Inspector 2,002
Assignment Pay- State Certified Fire Inspector II 1,001
Incentive Pay-A.S. Degree State Contribution Only 600
Incentive Pay- B.S. Degree State Contribution Only 1,320
Page 337 of 512
Agenda Item #15.
Atttachment A
1AFF Wage & Step Table
1-Oct-26
Step FF FF M RO ROM
1 $ 69,248 $ 79,635 $ 85,413 $ 98,225
2 71,325 82,024 87,975 1011172
3 73,465 841485 90,614 104,207
4 75,669 87,020 93,332 107,333
5 77,939 89,631 96,132 110,553
6 80,277 92,320 99,016 113,870
7 82,685 95,090 101,986 1171286
8 85,166 97,943 105,046 120,805
9 87,721 100,881 108,197 124,429
10 90,353 103,907 1110443 128,162
11 93,064 107,024 114,786 132,007
12 95,856 110,235 118,230 135,967
13 98,732 113,542 1211#777 140,046
14 101,694 116,948 125,430 144,247
15 1041745 1201456 1291193 1481574
Annual Lump Sum, Incentive, and Assignment Payments
Lump Sum Payment -Topped Out Merit $1,500
Assignment Pay- Dive Team/Water Rescue 2,002
Assignment Pay- Dive Team/Water Rescue Coordinator 1,001
Assignment Pay- EMS Logistics Officer 2,002
Assignment Pay- Narcotics Officer 2,002
Assignment Pay- State Certified Fire Inspector 2,002
Assignment Pay- State Certified Fire Inspector II 1,001
Incentive Pay-A.S. Degree State Contribution Only 600
Incentive Pay- B.S. Degree State Contribution Only 1,320
Page 338 of 512
Agenda Item #15.
T
c
.J
i I
PROFESSIONAL FIREFIGHTER/PARAMEDICS OF
PALM BEACH COU NTY, LOCAL 2928, ImAn Fm Fm INCE
Jere my Allen, Man a-,g e r
i.11ac e of Tevesta
345 Te ue la Drive.
Tquest FL 3�4 6
De. .Allen,
Tlie pose of thi s letter Is to inf'onn you that the 4- 02 7 Co i 1 eeti ve, Brain in g Agreement,
bei e n Local 2928 and the it lag�--' of To u.esta was w)tud on duringtwG moetin'as heldon
Mond ay, o ctoher , d�1-%Uesdaya ctob tr a . The of lect v e B i run�A reement passed,
and therf'o re was raft fi e d,
I f~y au should need any additional i�afom:-iati o a re gardLag thi s ratificati on vote, p i ease do not lies itat
to eonlad me.
Sincerely,
Jeffrey L. Nexvsomc
President
T nt
Professional 1-11-re ft gaiter s/Par med i es of
Palm Reach Couiily,f FF Local 2928, Inc.
c: Mark F lour cl
Jason Fawcett
"One Union One Famdy'r'
2328 S. o n g ss Ave Ste 21.' e t Pa I M Beach, FL 33406 561.969.0729 viww.jA - 92 .Cc 1Page 339 of 512