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AGREEMENT
BETWEEN
VILLAGE OF TEQUESTA
AND
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
COLLECTIVE BARGAINING AGREEMENT
2003 -- 2006
TABLE OF CONTENTS
Article No. Page No.
PREAMBLE ....................................................................................................................1
ARTICLE 1 ......................................................................................................................2
RECOGNITION .......................................................................................................... ..2
ARTICLE 2 ......................................................................................................................3
REPRESENTATIVES OF PARTIES .......................................................................... ..3
FOR BARGAINING PURPOSES ............................................................................... ..3
ARTICLE 3 .................................................................................................................... ..4
MANAGEMENT RIGHTS ........................................................................................... ..4
ARTICLE 4 .................................................................................................................... ..5
NON DISCRIMINATION ............................................................................................. ..5
ARTICLE 5 .................................................................................................................... ..6
GRIEVANCE PROCEDURE ...................................................................................... ..6
ARTICLE 6 .................................................................................................................... 10
NO STRIKE ................................................................................................................ 10
ARTICLE 7 .................................................................................................................... 11
DISCIPLINE ............................................................................................................... 11
ARTICLE 8 .................................................................................................................... 12
COURT ATTENDANCE ............................................................................................. 12
ARTICLE 9 .................................................................................................................... 13
RECALL PAY ............................................................................................................. 13
ARTICLE 10 .................................................................................................................. 14
HOURS OF WORK AND OVERTIME ........................................................................ 14
ARTICLE 11 .................................................................................................................. 15
UNIFORM ALLOWANCE ........................................................................................... 15
ARTICLE 12 .................................................................................................................. 16
WAGES ...................................................................................................................... 16
ARTICLE 13 .................................................................................................................. 18
SPECIAL DUTY COMPENSATION ........................................................................... 18
TABLE OF CONTENTS
Article No.
Page No.
ARTICLE 14 ..................................................................................................................19
INSURANCE ........................................................................................... ...................19
ARTICLE 15 ..................................................................................................................21
SICK LEAVE ........................................................................................... ...................21
ARTICLE 16 ..................................................................................................................23
HOLIDAYS .............................................................................................. ...................23
ARTICLE 17 ..................................................................................................................24
VACATIONS ............................................................................................ ................... 2 4
ARTICLE 18 ..................................................................................................................25
BEREAVEMENT LEAVE ......................................................................... ...................25
ARTICLE 19 ..................................................................................................................26
DUTY DISABILITY LEAVE ...................................................................... ...................26
ARTICLE 20 ..................................................................................................................29
PROMOTIONS ........................................................................................ ................... 29
ARTICLE 21 ............................................................................................... ...................31
SENIORITY AND LAYOFF ...................................................................... ................... 31
ARTICLE 22 ............................................................................................... ...................32
SAFETY .................................................................................................. ................... 32
ARTICLE 23 ............................................................................................... ...................33
PERSONAL EQUIPMENT ....................................................................... ...................33
ARTICLE 24 ............................................................................................... ...................34
BULLETIN BOARD ................................................................................. ...................34
ARTICLE 25 ............................................................................................... ...................35
FOP TIME POOL .................................................................................... ...................35
ARTICLE 26 ............................................................................................... ...................36
PHYSICAL FITNESS AND MEDICAL EXAMINATIONS ......................... ................... 36
ARTICLE 27 ............................................................................................... ...................37
WORK RULES ........................................................................................ ................... 37
TABLE OF CONTENTS
~rfir_Ip Nn
Page No.
ARTICLE 28 ..................................................................................................................38
RETIREMENT ............................................................................................................ 38
ARTICLE 29 ..................................................................................................................39
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES .................39
ARTICLE 30 ..................................................................................................................40
DURATION, MODIFICATION AND TERMINATION ..................................................40
EXHIBIT A .....................................................................................................................41
F.O.P. /VILLAGE OF TEQUESTA GRIEVANCE FORM ...........................................41
iv
PREAMBLE
This Agreement is entered into between the Village of Tequesta, Florida, ("Village"),
and the Florida State Lodge, Fraternal Order of Police ("FOP").
It is the intent and purpose of this Agreement to ensure a sound and mutually beneficial
relationship between the parties and to set forth agreement between the parties
concerning wages, hours and other terms and conditions of employment.
1
ARTICLE 1
RECOGNITION
The Village recognizes the Florida State Lodge, Fraternal Order of Police ("FOP") as
the exclusive bargaining representative, as defined in Chapter 447, Florida Statutes, as
amended, for full-time employees employed in the Unit defined by the Public
Employees Relations Commission, in Certification No. 796.
2
ARTICLE 2
REPRESENTATIVES OF PARTIES
FOR BARGAINING PURPOSES
Section 1:
The Village agrees that during the term of this Agreement it will deal only with the
authorized representatives of the FOP in all matters involving wages, hours, and terms
and conditions of employment or other official action called for by the Agreement.
Spr_+inn 7•
The FOP likewise agrees that during the term of this Agreement, the FOP and the
employees covered hereunder shall deal only with the Village Manager or his
representatives in matters involving wages, hours, and terms and conditions of
employment or other action.
Section 3:
Upon request by one party, the other party shall provide, in writing, the name(s) of its
representatives(s) within three (3) days of such request.
3
ARTICLE 3
MANAGEMENT RIGHTS
Subject to the specific provisions of this Agreement, the parties agree that the Village
has and will continue to retain the right to operate and manage its affairs in all respects;
and the powers or authority which the Village has not officially abridged, delegated or
modified by the express provisions of this Agreement are retained by the Village.
The rights of the Village through its management officials shall include, but shall not be
limited to, the right to determine the organization of Village government; to determine
the purpose for each of its constituent departments; to alter or amend work rules or
regulations; to exercise control and discretion over the organization and efficiency of
operations of the Village; to set standards for service to be offered to the public; to
direct the employees of the Village, including the right to assign work and overtime; to
hire, examine, classify, promote, train, transfer, schedule and assign; to suspend,
demote, discharge, or take other disciplinary action against employees for just cause; to
increase, reduce, change, subcontract, modify or alter the composition and size of the
work force, including the right to relieve employees from duties because of lack of work
or funds; to determine the locations, methods, means and personnel by which
operations are to be conducted, including the right to determine whether goods or
services are to be made or purchased; to establish, modify, combine or abolish
positions; to establish, change or eliminate existing methods of operation, equipment or
facilities, and to establish, implement and maintain an effective internal security
program. The Village has the authority to determine its purpose and mission and to
prepare and submit budgets.
4
ARTICLE 4
NON DISCRIMINATION
The Village and the FOP specifically agree that the provisions of this Agreement shall
be equally applicable to all full-time employees covered herein without regard to
membership or non-membership in a labor organization, as provided by law.
5
ARTICLE 5
GRIEVANCE PROCEDURE
4pr_tinn 1
A grievance shall be defined as a dispute over the interpretation or application of the
provisions of this Agreement.
Section 2:
Should the Village wish to pursue a grievance, such grievance must be presented to the
FOP for a response. The FOP shall have ten (10) working days in which to submit a
written response. The Village may appeal the FOP's response to arbitration pursuant to
Step 3 of the procedure below.
Spr_tinn ~•
Probationary employees (new employees with less than one (1) year of continuous
service) shall not have access to the grievance procedure to challenge discipline or
discharge.
Spr_tinn d•
If grievance matters must be attended to during normal working hours, it will be done so
as to cause a minimum of interference with law enforcement services. At steps one and
two of the grievance procedures below, the aggrieved employee who filed the grievance
will be paid for attendance at grievance meetings called by the Village occurring at a
time the employee would otherwise have been working for the Village.
Sprtinn ~•
Should any grievance arise the parties shall attempt to settle such grievance promptly
through the following steps:
Step 1. The aggrieved employee, with or without FOP representation, shall
present in writing the grievance to the Department Head within ten (10)
working days of the occurrence of the alleged grievance or of the time
the aggrieved employee knew or should reasonably have known of the
6
occurrence of the event leading to the grievance. The written
grievance will be submitted on an approved form and include the
following information:
(a) the employee's name, signature, and mailing address;
(b) date of alleged incident giving rise to the grievance;
(c) all known relevant information concerning the grievance;
(d) Article and Section of the Agreement allegedly violated; and
(e) relief sought by the employee.
A copy of the approved form is attached hereto as Exhibit "A."
The Department Head shall investigate the grievance and respond
within ten (10) working days following receipt of the grievance, via
Certified Mail -Return Receipt Requested. At his discretion, the
Department Head may meet with the aggrieved employee as part of
his investigation.
At his discretion, the aggrieved employee may be accompanied in any
grievance proceeding by a FOP representative.
Step 2. If the grievance is unresolved after Step 1, then the aggrieved
employee, with or without FOP representation, may submit the
grievance, in writing, along with the response at Step 1 to the Village
Manager, within ten (10) working days of the time the Step 1 response
was resolved by the aggrieved employee.
The Village Manager shall respond in writing, via Certified Mail -
Return Receipt Requested, within ten (10) working days of his receipt
of the grievance.
Step 3. Either party desiring to seek arbitration must notify the other party
within ten (10) working days of the decision of the Village Manager in
Step 2 or, in the case of a Village grievance, within ten (10) working
days of the FOP's response.
Within ten (10) working days of notifying the other party of its intent to
seek arbitration, the party requesting arbitration shall request from the
Federal Mediation and Conciliation Service a list of five (5) names of
qualified arbitrators.
7
After receipt of such a list, representatives of the Village and the FOP
shall each strike two (2) names from the list in alternating fashion. The
party requesting arbitration shall strike first until only one name
remains on the list. The arbitrator whose name remains shall be
selected and notified by the parties.
The decision of the arbitrator shall be final and binding on both parties,
except as provided by law pursuant to Chapter 682, Florida Statutes,
or the circuit court finds that the arbitrator's decision is clearly
erroneous or in violation of public policy.
Spr_+inn R•
The costs of the arbitrator shall be borne by the losing party. Each party shall bear the
cost of its own representatives and witnesses. If a transcript of the hearing is made, any
party desiring a copy of the transcript shall pay its proportionate share.
Section 7:
The arbitrator shall have no power to alter, add to, modify, amend or subtract from the
terms of this Agreement.
Section 8:
Grievances involving or affecting more than one member of the bargaining unit may be
filed collectively.
Section 9:
For the purpose of this Article, the term "working days" shall be interpreted as Monday
through Friday. Saturday, Sundays and days designated as holidays shall be excluded.
By mutual agreement of both parties, in writing, time frames may be extended during
any Step of the grievance process.
Spr_+inn 1(1•
In any grievance involving issues of back wages, benefits, or any other issue involving
continuing money damages, the arbitrator shall not be empowered to award damages
occurring before the date the grievance was flied retroactive to a date more than 10
(ten) working days prior to the filing of a grievance.
8
Section 11:
In keeping with the intention of the parties to resolve disputes in an informal manner,
prior to filing an unfair labor practice charge with the Public Employees Relations
Commission over an alleged unilateral change in wages, hours, or terms and conditions
of employment, the FOP will provide written notice to the Village Manager of the alleged
unilateral change and give the Village ten (10) working days to rescind the alleged
change and, if not a term of this Agreement, request bargaining with the Union.
9
ARTICLE 6
NO STRIKE
"Strike" means the concerted failure to report for duty, the concerted absence of
employees from their positions, the concerted stoppage of work, the concerted
submission of resignations, the concerted abstinence in whole or in part by any group of
employees from the full and faithful performance of their duties of employment with the
Village, participation in a deliberate and concerted course of conduct which adversely
affects the services of the Village, picketing or demonstration in furtherance of work
stoppage, either during the term of or after the expiration of a collective bargaining
agreement.
Neither the FOP, nor any of its officers, agents and members, nor any FOP members,
covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any
strike, sympathy strike, slow down, sick out, concerted stoppage of work, illegal
picketing, or any other interruption of the operations of the Village.
Each employee who holds a position with the FOP occupies a position of special trust
and responsibility in maintaining and bringing about compliance with this Article and the
strike prohibition in Section 447.505, Florida Statutes and the Constitution of the State
of Florida, Article I, Section 6. Accordingly, the FOP, its officers, stewards and other
representatives agree that it is their continuing obligation and responsibility to maintain
compliance with this Article and the law, including their responsibility to abide by the
provisions of this Article and the law by remaining at work during any interruption which
may be initiated by others; and their responsibility, in event of breach of this Article or
the law by other employees and upon the request of the Village, to encourage and
direct employees violating this Article or the law to return to work, and to disavow the
strike publicly.
Any or all employees who violate any provisions of the law prohibiting strikes or of this
Article may be dismissed or otherwise disciplined by this Village.
10
ARTICLE 7
DISCIPLINE
The Village recognizes its rights and obligations under the Police Officer Bill of Rights,
Section 112.532 et. seq„ Florida Statutes, as amended.
Whenever a unit member is the subject of an internal affairs investigation and is subject
to interrogation or interview by members of his agency for any reason which could lead
to disciplinary action, such as demotion, suspension or discharge, such interrogation or
interview shall be conducted in accordance with Section 112.532(1).
The Village and the FOP hereby agree to abide by Section 112.533 relative to the
receipt and processing of complaints from any person.
11
ARTICLE 8
COURT ATTENDANCE
An off-duty employee shall receive pay for a minimum of two (2) hours (overtime or
straight time, whichever is applicable) for his/her first two (2) hours of court or
deposition when subpoenaed to appear in matters relating to the Village. After two (2)
hours of actual time in court, the employee shall continue to receive compensation for
actual time until released for the day.
12
ARTICLE 9
RECALL PAY
Section 1:
Except as provided in Section 2, an employee who is recalled to duty shall be
compensated at a rate of 1-1/2 times for the actual hours worked or a minimum of two
(2) hours, whichever is greater. Recalled to duty shall be defined as a Unit member
having gone off-duty after completing his/her shift, but prior to returning for next
regularly scheduled shift.
Section 2:
Employees who are requested to provide early relief of a scheduled shift shall only be
compensated for the actual time worked. Under this circumstance, the minimum hours
worked provisions do not apply.
13
ARTICLE 10
HOURS OF WORK AND OVERTIME
Section 1:
The normal work period of Police Department Employees shall be fourteen (14) days.
The normal work hours in a work period shall consist of eighty (80) hours.
The Village shall pay overtime at the rate of time and one-half (1-1/2) for all hours
worked in excess of eighty (80) hours within any one work period except as otherwise
provided in Article 15, Holidays.
For the purpose of computing hours worked, holiday pay, off-duty employment as
established by ordinance and collective bargaining pursuant to Article 25 of this
Agreement shall not be included.
Section 2:
Work schedules of Detectives may be adjusted on a daily basis as the needs of the job
require.
Work schedules may be adjusted to facilitate Department needs, including training,
certification and special details. When feasible, three (3) days notice of a change in a
regular work schedule will be given.
Section 3:
Employees may receive overtime compensation in the form of pay or time off. An
employee may not accumulate more than an aggregate total of eighty (80) hours of
time under this Article and Article 15, Holidays, combined. Compensatory time accruals
may be requested for use in minimum one (1) hour increments.
14
ARTICLE 11
UNIFORM ALLOWANCE
Section 1:
Uniform Allowance. The Village agrees to provide uniforms pursuant to applicable
policies of the Police Department Policies and Procedures Manual approved by the
Village Manager. Unit members agree to abide by the said policies pertaining to
uniforms and clothing within the Police Department Policies and Procedures Manual.
The Village shall also provide an annual cleaning allowance of $425.00 to all members
of the Bargaining Unit, a shoe allowance of $100.00 per year to all Unit members, and a
clothing allowance of $575.00 per year to Detectives pursuant to applicable policies of
the Police Department Policies and Procedures Manual approved by the Village
Manager.
Cleaning, clothing and shoe allowances payable under this Article shall be paid minus
applicable withholding taxes in the first regular paycheck following ratification of this
Agreement and the first pay period of the fiscal year for subsequent Contract years
thereafter, except that cleaning allowances shall be paid in one-half increments twice
per year, the second payment coming six (6) months after the first.
First year employees shall receive pro-rated allowances based on the number of
months remaining in the fiscal year in which they were hired.
Employees who are paid a cleaning allowance under this Article and who terminate
employment prior to the end of the fiscal year shall have their final paycheck reduced
by an amount equal to the pro rated share of the allowance for the remaining months of
the fiscal year.
15
ARTICLE 12
WAGES
Section 1:
Effective October 1, 2003, the starting pay for Unit Members shall be as follows:
Police Officer: $34,695.75 minimum.
Patrol Sergeant: $42,704.00 minimum.
Spr_tinn 7•
1. Effective October 1, 2003, Unit Members shall receive performance
reviews within thirty (30) days pursuant to the Village's Performance
Planning and Review system ("Performance Review"). Evaluations shall
be conducted on a satisfactory/unsatisfactory basis.
2. Subject to paragraph 3, if a Unit Member receives a "satisfactory"
evaluation, the Unit Member will be eligible to receive a three percent
(3%) salary increase. Any Unit Member receiving an "unsatisfactory"
evaluation shall not be entitled to any salary increase for a period of ninety
(90) days and will be placed on probation until such time as determined by
the Unit Member's supervisor. At the conclusion of the ninety (90) day
period, the Unit Member will be re-evaluated and, if he or she receives a
satisfactory evaluation, the Unit Member will be eligible for a three percent
(3%) salary increase. In addition, to be eligible to receive the three
percent (3%) increase, the Unit Member must have been continuously
employed by the Village for the twelve month period immediately
preceding October 1 of each fiscal year.
3. Effective October 1, 2003, Unit Members shall receive a one and one-half
percent (1 '/z %) cost of living salary increase, in addition to an increase
received pursuant to paragraphs 1 and 2, above.
4. In fiscal years beginning October 1, 2004 and October 1, 2005, the parties
may re-open this article during the month of September immediately
preceding the beginning of each fiscal year to renegotiate wages.
5. The issue of longevity will be opened during the month of September 1,
2004.
16
Section 3:
Any employee may appeal their performance review to the Chief of Police, in writing,
within five (5) days of receipt of the performance review by the employee. If the
employee is not satisfied with the decision of the Chief of Police, the employee may
request a meeting with the Chief to discuss the performance review. At such meeting,
the employee may be represented by one of the designated employee Bargaining Unit
Representatives. If no agreement is reached during the meeting with the Chief of
Police, the employee shall have the right to have a meeting with the Village Manager
and may be represented by one of the designated employee Bargaining Unit
Representatives. The decision of the Village Manager shall be final and binding and
shall be completed within fifteen (15) working days after the meeting between the
employee and the Village Manager. If the evaluation is revised and a merit increase
warranted, the raise shall be implemented retroactively to the employee's evaluation
date. The appeal provisions contained herein shall not be applicable to any
performance evaluation rendered to an employee while said employee is on
probationary status.
Section 4:
Nothing in this Article shall require the payment of any wage increase after
September 30, 2006, unless such increases result from bargaining after the timely
reopening of this Article as provided in Article 30, Duration.
17
ARTICLE 13
SPECIAL DUTY COMPENSATION
Section 1:
Temporary Reassignment To Supervisor: Any Officer temporarily assigned to a
supervisory position shall receive a pay differential of five percent (5%). The pay
differential shall be only for the next consecutive shift.
Section 2:
An officer assigned to the Detective/Investigations Division shall receive a pay
differential of 5%.
Section 3:
An officer assigned as a Field Training Officer ("FTO") shall receive a pay differential of
five percent (5%) during the time spent as a FTO.
18
ARTICLE 14
INSURANCE
Spr_tinn 1
A. The following provisions shall remain in effect until September 30, 2004:
1. The Village agrees to pay one hundred percent (100%) of the Unit
Member's current cost of health insurance, as determined by the Village.
2. The Village agrees to pay seventy five percent (75%) of the cost of
dependant health insurance coverage for those Unit Members who elect
such coverage. Unit Members who elect coverage will pay the remaining
twenty five percent (25%) by payroll deduction.
(a) The Village agrees to pay one hundred percent (100%) of the
employee cost of dental insurance.
(b) Unit Members will pay one hundred percent (100%) of the cost of
dental insurance for dependents if the Unit Member elects such
coverage by payroll deduction.
3. The Village will provide life insurance for employees at one and one-half
(1 '/2) times their annual salary, plus an additional Five Thousand Dollars
($5,000.00).
4. The Village may alter coverage provided in this Article. For example, the
Village may convert to a Preferred Provider Organization (PPO) plan
effective upon the first day of any month with twenty-eight (28) days notice
to the unit members. Any alteration in coverage pertaining to this Article is
subject to negotiation within said twenty-eight (28) day period. The Village
may implement its decision prior to reaching agreement or impasse
resolution concerning the impact at issue relative to altering any coverage
provided in this Article.
B. For fiscal years beginning October 1, 2004 and October 1, 2005, the parties may
re-open this article during the month of September immediately preceding the
beginning of each fiscal year to renegotiate the payment of health insurance
premiums.
19
Section 2:
It is the Village's intent that all its employees be adequately protected and insured for
health care costs and expenses. Therefore, each Unit Member must enroll in, and
continue to be enrolled during their tenure with the Village, the Village's present and
available health insurance plan and maintain full coverage for themselves at a
minimum. The Unit Members may enroll eligible dependants at their option.
20
ARTICLE 15
SICK LEAVE
Section 1:
Regular employees shall accrue sick leave at the rate of one (1) day of sick leave for
each month continuous employment. Sick leave is a benefit that protects employees
from losing wages due to illness, and is not intended to be used simply because it is
available.
Sick leave shall be retroactive to the initial date of hire upon satisfactorily completing
the initial employment probation and attaining regular employee status.
Section 2: Sick Leave Accrual. Sick leave may be accrued to a maximum of 200
days (1600 hours). However, sick leave accrual shall be reduced ten percent (10%)
each fiscal year as follows:
1. Effective October 1, 2004, 180 days (1440 hours);
2. Effective October 1, 2005, 162 days (1296 hours).
Sick leave shall not accrue during leaves of absence without pay or suspensions
without pay.
For absences of more than three (3) days, the Village may request, at its discretion, a
qualified doctor's note indicating the illness of the unit member and verifying the amount
of sick leave taken was necessary based upon the unit member's illness. "Qualified
doctor" shall be a duly licensed doctor of medicine. The Village has the right, at its sole
discretion, to verify that unit members are using sick leave for the purpose for which it is
provided.
Full-time unit members may use sick leave when ill, when the full-time unit member has
a doctor's appointment, but not to exceed the extent of time required to complete such
appointments, or when an immediate family member (spouse, child, or parent) is ill, and
to supplement Workers' Compensation temporary disability benefits as a result of an
on-the-job injury in an amount sufficient to equal the employee's regular rate of pay
during the period of temporary disability, provided however such supplementary
benefits shall not be paid in excess of the accrued sick leave credited to the employee.
Use of sick leave to care for an immediate family member shall require the prior
approval of the full-time unit member's Department Head.
21
Family and Medical Leave Act (FMLA) shall run concurrently with employee sick leave
usage for absences in excess of three (3) days. Earned sick leave accruals must be
exhausted prior to taking an unpaid medical leave of absence.
Section 3:
Upon separation from the Village, with proper notice, or for reasons beyond the
employee's control, the employee shall be paid for his accrued sick leave according to
the following schedule.
YEARS OF
EMPLOYMENT
PERCENT OF ACCRUAL
PAID TO EMPLOYEE
One (1) through Four (4)
Five (5) through Nine (9)
Ten (10) through Nineteen (19)
Twenty (20) or more
25 Percent
33 Percent
40 Percent
50 Percent
Section 4: Sick Leave Buy Back. Effective December 1 of each fiscal year, any Unit
Member who has been continuously employed for at least twelve (12) months and who
has an accrued sick leave balance of 480 hours, and who has taken no more than 40
hours of sick leave during the twelve (12) month period immediately preceding
December 1 of each fiscal year, may surrender 40 hours for cash payment at one
hundred percent (100%) of their current hourly rate. Any additional eligible hours may
be redeemed at fifty percent (50%) of their current hourly rate. However, Unit Members
must have at least 360 hours of sick leave remaining after surrendering sick leave for
cash payment to be eligible to buy back sick leave under these provisions.
22
ARTICLE 16
HOLIDAYS
Section 1:
Unit members shall receive the following paid holidays: New Year's Day, Martin Luther
King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's
Day, Thanksgiving Day, day after Thanksgiving, day before Christmas Day, Christmas
Day, day before New Year's.
Unit members who work on a holiday defined above, shall receive one and one-half
(1-1/2) times their regular rate of pay and eight (8) hours of holiday pay (i.e., at their
regular rate). The one and one-half times the regular rate of pay shall not apply unless
the Unit member has actually worked three (3) or more hours. In calculating the hours
worked, the minimum hours worked provisions of Article 9, Section 1, shall not apply,
only actual hours worked shall apply.
Unit members whose regularly scheduled day off falls on a holiday shall receive eight
(8) hours of holiday pay.
In no event shall a Unit member receive in excess of eight (8) hours of holiday pay for
any recognized Village holiday.
Section 2:
Unit members shall receive three paid personal days per calendar year, which, if not
taken during that year, shall no longer be available to the Unit member for utilization.
Spr_+inn 3•
Employees may elect to take compensatory time off in lieu of holiday pay. Such time
credited under this Article and Article 10, Hours of Work and Overtime, shall not exceed
a combined total of eighty (80) hours. Such time may be requested for use in minimum
one (1) hour increments.
23
ARTICLE 17
VACATIONS
Section 1:
Vacation leave is accrued at the following rate upon the anniversary of a full-time unit
members date of hire as follows:
DATE OF HIRE
ANNIVERSARY
ANNUAL VACATION
LEAVE ACCRUAL
Zero (0) through Four (4)
Five (5) through Nine (9)
Ten (10) or more
80 hours
120 hours
160 hours
The employee shall earn vacation leave throughout the year. An employee is eligible for
vacation leave with pay after having successfully completed his or her initial six months
probation review. Vacation hours are accrued on asemi-annual basis during the initial
probation review period (lump sum), and will continue to be earned throughout regular
employment, credited at 1/26 of the employee's annual allotment each pay period.
The maximum carry-over under this Article is 40 days (320 hours). Vacation leave may
be requested for use in minimum four (4) hour increments.
Vacation leave shall not accrue during leaves of absence without pay or suspensions
without pay.
24
ARTICLE 18
BEREAVEMENT LEAVE
Regular employees shall be granted up to three (3) consecutive days of for death in the
employee's immediate family.
The immediate family shall be construed to mean one of the following:
Spouse Spouse's Parent
Child Spouse's Brother
Parent Spouse's Sister
Sister Spouse's Child
Brother Spouse's Grandparents
Grandparents Step-Sister
Grandchild Step-Parents
Step-Brother
Step-Child
If additional time is necessary, the employee may request to use accrued vacation time,
compensatory time off or personal days, or the Village Manager may, at his/her sole
discretion, grant additional time off without pay.
25
ARTICLE 19
DUTY DISABILITY LEAVE
Section 1:
Any bargaining unit member who sustains an injury or incurs an illness which arises out
of and in the course of his or her employment by the Village and which is compensable
under the workers compensation law of the State of Florida, and who in consequence
thereof is temporarily disabled and rendered unable to perform his or her normal duties
of Village employment, shall upon meeting the requirements of this Section, receive
duty disability leave in accordance with the conditions set forth below:
1. All requests for duty disability must be accompanied by a medical report
from a physician authorized by the Village or his or her authorized medical
representative which shall be in the form of the initial medical report in use
by the Florida Industrial Commission and which shall state affirmatively
that the employee is temporarily unable to perform the normal duties of
Village employment and that he or she is therefore eligible for duty
disability leave.
2. A department head may approve or disapprove an employee's request for
duty disability leave after an investigation to determine the validity of the
request. The department head shall certify that (a) the injury or illness
arose out of and in the course of employment by the Village.; (b) was not
willfully self-inflicted or the result of the employee's gross negligence or
horseplay; (c) that the employee's activity at the time and place of the
injury or activity from which the illness arose was both authorized and
proper and not in violation of any rules or regulation concerning safety,
work methods, procedures or equipment for the job as required by the
department or the Village generally. The department head's action shall
be subject to review by the Village Manager who may approve or reverse
the same.
3. Any employee receiving duty disability leave shall report to the Village
physician periodically at the times the said physical shall reasonably
require. The failure of an employee to appear for a scheduled physical
examination shall be grounds for immediate cancellation of said leave;
unless the failure to appear is excused by the Village Manager.
4. An employee who is granted duty disability leave shall receive his or her
regular salary based on the pay rate applicable at the time of injury or
illness, exclusive of overtime. The employee will continue to receive a
paycheck from the Village and will sign over to the Village all workers'
compensation checks received during their absence.
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5. The performance evaluation period for employees on duty disability leave
for greater than sixty (60) consecutive days shall be extended for a period
of time equivalent to the number of days the employee is on duty disability
leave for all future evaluations. An employee on duty disability leave shall
not continue to accrue any leave.
6. The net duty disability leave benefits paid to an employee under sub-
section 4 above, who is on duty disability leave shall be deducted from
any award of workers compensation to the employee, whether for
temporary or permanent disability, and shall apply as advance payments
of compensation, as provided by Section 440.20(11), Florida Statutes.
7. Regular status employees shall receive duty disability commencing the
first day of lost time. Other employees shall receive duty disability benefits
after the first 14-day calendar days of lost time.
8. Duty disability leave shall be allowed for a duration of actual disability, up
to a maximum of one hundred and eight (108) calendar days. Separate
injuries shall create separate periods of coverage. If an employee is
unable to return to work at the end of the said one hundred and eight
(108) days, his or her case shall be reviewed by the Village Manager. The
Village Manager shall decide whether to order the benefits to continue for
the duration of the actual disability, up to an additional ninety (90)
calendar days or that the benefits shall not be extended. The employee
shall be subject to termination after completion of 26 weeks of duty
disability.
9. Duty disability leave benefits shall be terminated by any of the following
events:
(a) recovery certified by the Village physician;
(b) permanent disability certified by the Village physician;
(c) termination of employment whether by resignation, discharge or
death of said employee;
(d) employment of any form, including self-employment;
(e) employees refusing employment with the Village suitable to his or
her capacity which is offered to or procured for him or her. The
Village Manager may approve such refusal of work and thereby
approve the continuation of duty disability leave.
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10. The general principle underlying the granting of duty disability leave
benefits to an employee with a service connected disability is that the total
payments from the Village, together with workers compensation benefits
shall not exceed the employee's regular gross pay, exclusive of overtime.
Such leave is provided so that economic security will be available to an
employee. Duty disability leave shall not be considered as a right which
an employee may use at his or her discretion, but rather as a privilege
which shall be allowed only in cases of duty connected disability and
subject to the applicable provisions contained herein.
Section 2:
Unit members who are maliciously or intentionally injured within the course of their
employment shall be paid pursuant to Section 440.15(12), Florida Statutes.
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ARTICLE 20
PROMOTIONS
The following procedures will be used for the promotion of police officers to the rank of
Sergeant. These procedures are meant to apply to sergeant positions which supervise
traditional police functions in effect in the Police Department on October 1, 1990.
Spr_tinn 1
The Village will announce promotional examinations at least forty-five (45) days in
advance. The Village will also list the areas the examination will cover. All materials
shall be provided to employee(s) taking the examination for the entire time period
between announcement of the examination and the examination. Written bids must be
submitted for the position within fourteen (14) days of posting. Bids which are not
submitted in a timely fashion may be considered at the sole discretion of the Chief of
Police.
Spr_tinn 7•
To be eligible for a promotion to sergeant, a police officer must meet the following
requirements:
1. Successful completion of his/her probationary period of employment with
the Village of Tequesta.
2. Must be presently certified by the State of Florida as a police officer.
3. Three (3) years experience as a full-time certified police officer.
4. Must possess an Associates Degree in Criminal Justice or related field
pursuant to the following conditions:
(a) Applicants must have an Associates Degree at time of application
for all promotions after September 30, 2003
(b) Applicants accepting a promotion before September 30, 2003,
must have completed classes towards an Associates Degree in
criminal justice or a related field according to the following
schedules:
20 -semester hours minimum on first anniversary of promotion;
40 -semester hours minimum on second anniversary of promotion;
Associates Degree on third anniversary of promotion.
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Section 3:
All promotions to positions covered by this Agreement shall be made as a result of a
competitive process, which shall include a written examination in an assessment center
from outside the Agency, or a combination thereof. Eligibility for participating in the
assessment center component of the promotion process shall be conditioned on
achieving a passing score on the written exam. Additionally, seniority points assigned
on the basis of one-half (1/2) point for each year or continuous uninterrupted sworn
service (in excess of the minimum number of years of service required for the employee
to be eligible for promotion) shall be applied. Authorized leaves of absence, for the
purpose of this Article, shall not be considered an interruption of continuous service:
Seniority points, however, shall not accrue during authorized leaves of absence. Lastly,
college points based on one point for every 30 semester hours of college course credits
attained by the employee shall be applied.
Section 4:
The scores from the above testing procedures will then be posted and a promotional list
will be made containing the names of the three officers with the highest scores, listed in
alphabetical order. The Chief of Police in his sole discretion shall pick one of the
officers for promotion. If the officer declines the promotion, the Chief of Police may
choose another individual from the list of three. The scores from both the written and
oral examinations shall be retained for at least thirty (30) days after the promotion and
shall be available for any candidate to see his/her own scores.
Spr_tinn 5'
Upon promotion, the employee will serve a twelve (12) month probationary period.
Section 6:
If there are no successful candidates, the Chief of Police may:
1. Appoint any member of the Department to fill the position; or
2. Recruit an outside candidate to fill the position.
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ARTICLE 21
SENIORITY AND LAYOFF
Seniority shall be defined as the total length of continuous service in the Police
Department. Seniority shall continue to accrue during worker's compensation leave,
holidays, vacation, bereavement leave, compensatory leave and sick leave approved by
the Village. Leaves of absence without pay, either approved or otherwise, shall not
count towards the accrual of seniority.
Employees shall lose their seniority as a result of any of the following actions:
terminations; retirement; resignation; unjustified absence from work for more than five
(5) days; failure to report back from military leave within the time limits prescribed by
law; and failure to report to the Village Manager's Office an intention to return to work
w/thin five (5) days of receipt of a Notice of Recall verified by Certified Mail, return
receipt, to the employee's last reported home address.
In the event of a layoff for any reason, the Village Manager shall convene a Review
Committee consisting of the Village Manager and the Chief of Police, which shall be
assigned the task of designating the employees to be affected by the necessitated
layoffs in accordance with the provisions of this Article. Employees in the affected
classifications shall be laid off in the inverse order of hire.
Laid off employees who are qualified for an existing opening in the Police Department
as a sworn law enforcement officer of the same or lesser rank than their former position
will be recalled for up to six (6) months from the time they are laid off. Laid off
employees shall be recalled in reverse order in which they were laid off. In the event of
a recall, the Village shall notify the employee by certified mail, return receipt; of such
recall and give the employee five (5) days to reply. It is the responsibility of the
employee to keep his/her current address on file with the Village. No position shall be
held open for an employee for more than five (5) days after he/she has received the
Notice of Recall.
Nothing in this Article shall prevent the Village of Tequesta from exercising its
management rights to reclassify, reassign, or eliminate positions occupied by any
employee.
31
ARTICLE 22
SAFETY
The parties agree that the safety of all employees is of paramount importance. The
Department shall endeavor to maintain a work schedule so that at least two full-time
sworn law enforcement officers are on duty at all times.
All requests for Special Duty Details will be provided by full-time officers at the
applicable rate. If sufficient manpower is not available to meet the request, then
reserve/part-time officers may be used at the Department's discretion.
32
ARTICLE 23
PERSONAL EQUIPMENT
Unit members may make written application to the Department Head for reimbursement
or replacement of personal property required by the department or lost or damaged in
the line of duty by describing the property (including its age, condition and cost) the
circumstances under which it was lost or damaged, and the manner in which
replacement of the item is suggested. Upon the recommendation of the Department
Head, the Village Manager may at his sole discretion, approve or deny the repair,
reimbursement or replacement of the property at Village expense.
33
ARTICLE 24
BULLETIN BOARD
The Village shall furnish bulletin board space within the Police Department building for
the exclusive use of the FOP for posting official FOP notices of a businesslike non-
inflammatory nature. All notices must be approved in writing prior to posting by the
Chief of Police or his designee and signed by an elected official of the FOP.
34
ARTICLE 25
FOP TIME POOL
A Union time pool shall be established and administered by the Village. Contributions
from Unit Members may be made from time accumulated in vacation or
holiday/overtime compensatory time off "bank" established in Articles 10 and 15. Such
contributions shall be irrevocable. Each contribution shall be in an amount equal to two
(2) hours of pay, although there is no limit to the number of contributions a Unit Member
may make. The pool shall be used only for the purpose of compensating up to two
members of the Unit for up to 40 hours each per year at their regular rate during
bargaining over the terms of a new Contract. Any overtime liability which may be
incurred due to payments made under this Article shall be paid out of the time pool.
35
ARTICLE 26
PHYSICAL FITNESS AND MEDICAL EXAMINATIONS
Section 1:
In the event that the Village changes health insurance providers pursuant to Article 13
and the new plan selected by the Village does not provide for an annual physical
examination as a part of the coverage or for at least three (3) of the optional elements
listed below, then, in that event, all unit members, at their option, may receive an
annual medical examination paid for by the Village. Whenever possible, the medical
examination shall be scheduled by the Village on an employee's normal work day with
no loss of pay to the employee.
The extent of the medical examination will be established by the Tequesta Police
Department and the Village's authorized medical facility. The results of the medical
examination, including the basic and the chosen optional elements, will be provided to
the Village and may be used to assess the officer's fitness for duty.
Section 2:
The parties agree that the Village will adopt adrug-free workplace program pursuant to
Section 440.102, Florida Statutes.
Section 3:
Nothing in this Article shall limit the Village's right to require fitness for duty evaluations
in job related circumstances. Any such fitness for duty evaluations shall be provided by
licensed health care providers chosen by the Village and at Village expense. The
results of any such medical, physical and/or mental examinations or evaluations will be
provided to the Village and may be used to assess the officer's fitness for duty.
36
ARTICLE 27
WORK RULES
Section 1:
It is agreed and understood that the Police Department currently has policies, rules and
regulations governing employment. In the event of a conflict between said policies,
rules and regulations and this Agreement, the terms of this Agreement shall control.
Each member of the unit shall be provided with a copy of the department's rules and
regulations and any procedural manual formulated by the Village.
Section 2:
Notification of any role change shall be provided to the FOP simultaneously with the
promulgation of the change and prior to the effective date by posting said rule, unless
circumstances dictate the imposition of an immediate effective date for the role change.
37
ARTICLE 28
RETIREMENT
Section 1:
Pursuant to the Memorandum of Understanding executed between the parties on July
17, 1996, the parties to this Agreement agree to the provisions of the Public Safety
Officers Pension Trust Fund applicable to all new full-time employees hired by the
Village on or after January 1, 1996. Any unit member who, prior to January 1, 1996,
was a participant in the Florida Retirement System (FRS) and was employed by the
Village on December 31, 1995, shall remain a participant of the FRS.
38
ARTICLE 29
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES
The parties acknowledge and agree that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any subject or matter included by law within the area of
collective bargaining and that all the understandings and agreements arrived at by the
parties after the exercise of the right and opportunity are set forth in this Agreement.
This Agreement may be amended by mutual agreement of the parties but any
amendment must be in writing and signed by duly authorized representatives of the
parties before it will be effective.
39
ARTICLE 30
DURATION, MODIFICATION AND TERMINATION
Section 1:
The Agreement shall be effective upon ratification of the Parties, (except those Articles
which explicitly provide for a different effective date) and shall continue in full force and
effect until the thirtieth (30th) day of September, 2006.
At least thirty (30) days prior to September 30, 2006, but not prior to April 1, 2006,
either party hereto shall notify the other, in writing, of its intent to modify, amend, or
terminate the Agreement. Failure to notify the other party of intention to modify, amend,
or terminate as hereinabove set forth, will automatically extend the provisions and terms
of this Agreement for a period of one (1) year, and each year thereafter absent
notification.
SIGNED this day of , 2003.
VILLAGE OF TEQUESTA: FRATERNAL ORDER OF POLICE
40
EXHIBIT A
F.O.P. /VILLAGE OF TEQUESTA GRIEVANCE FORM
Note: before filling out this form, carefully read Article 5 of the VOT & FOP Collective
Bargaining Agreement, Grievance Procedure. Please type or print plainly.
NAME
DEPT.
MAILING ADDRESS
TITLE
TODAY'S DATE
EMPLOYEE MUST PROVIDE THE FOLLOWING INFORMATION:
(1) DATE OF ALLEGED INCIDENT GIVING RISE TO THIS GRIEVANCE:
(2) ARTICLE AND SECTION OF THE AGREEMENT ALLEGEDLY VIOLATED:
(3) RELEVANT INFORMATION CONCERNING THE GRIEVANCE:
(4) RELIEF SOUGHT BY THE EMPLOYEE:
Note: Attach additional sheets, if needed.
EMPLOYEE SIGNATURE:
STEP 1
DATE RECEIVED BY DEPARTMENT HEAD:
DEPARTMENT HEAD RESPONSE /ACTION /COMMENTS:
Note: Attach additional sheets, if needed.
41
DATE OF DEPARTMENT HEAD RESPONSE:
DEPARTMENT HEAD SIGNATURE:
STEP 2 (If desired)
EMPLOYEE SIGNATURE:
DATE RECEIVED BY VILLAGE MANAGER:
VILLAGE MANAGER'S RESPONSE:
Note: Attach additional sheets, if needed.
DATE OF VILLAGE MANAGER'S RESPONSE: _
VILLAGE MANAGER'S SIGNATURE:
STEP 3 (If desired)
I AM NOT SATISFIED WITH THE STEP 2 RESPONSE AND WISH TO APPEAL THIS
GRIEVANCE TO ARBITRATION. ACCORDINGLY, THE EMPLOYEE SHALL
FORWARD THIS TO THE FOP FOR A DECISION RELATIVE TO PROCEEDING
WITH ARBITRATION.
EMPLOYEE SIGNATURE:
DATE RECEIVED BY FOP REPRESENTATIVE:
THE FOP HAS DECIDED TO APPEAL THIS MATTER TO ARBITRATION PURSUANT
TO ARTICLE 5, SECTION 5, STEP 3 OF THE COLLECTIVE BARGAINING
AGREEMENT.
FOP REPRESENTATIVE SIGNATURE
DATE
DATE RECEIVED BY VILLAGE MANAGER
42