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Home My WebLink About09-19-2016 CC AgendaSEBASTIAN CITY COUNCIL SPECIAL MEETING AGENDA Ratification of Collective Bargaining Agreements and 1st BUDGET HEARING FY 2016/2017 Proposed Millage and Tentative Budget MONDAY, SEPTEMBER 19, 2016 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENTS pgs 4-43 A. Resolution No. R-16-25 — Ratifying Coastal Florida Public Employees Association Bargaining Agreement — October 1, 2016 to September 30, 2019 (Transmittal, R-16-25) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING AN AGREEMENT FOR ALL FULL-TIME AND PART-TIME (EXCLUDING TEMPORARY AND SEASONAL EMPLOYEES) HOURLY EMPLOYEES BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION (CFPEA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S RATIFICATION AND CAUSE SAID AGREEMENT TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. pgs 44-88 B. Resolution No. R-16-26 — Ratifying Coastal Florida Police Benevolent Association Bargaining Agreement — October 1, 2016 to September 30, 2019 (Transmittal, R-16-26) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING AN AGREEMENT FOR ALL FULL-TIME PERMANENT POLICE OFFICERS AND POLICE SERGEANTS BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019; APPROVING A MUTUAL CONSENT AGREEMENT TO DEVIATE FROM FLORIDA STATUTE 185.35(1), AS PROVIDED IN 185.35(1)(G) TO USE ALL AVAILABLE PREMIUM TAX REVENUES TOWARD THE FUTURE COST OF CERTAIN BENEFIT IMPROVEMENTS; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S RATIFICATION AND CAUSE SAID AGREEMENT TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 1 of 98 5. PUBLIC HEARING/ADOPTION OF TENTATIVE MILLAGE AND FY 2016-2017 BUDGET A. City Attorney Advises City Council on Procedure for Millage/Budget Hearing and Reads Titles for Resolution Nos. R-16-23 Tentative Millage and R-16-24 Tentative Budget B. City Manager Announcement that the Proposed Millage of 3.8556 Mills is 5.06% higher than the "Rolled -Back Rate" C. Budget Overview of Proposed Tentative Millage and Tentative Budget D. Mayor Opens Public Hearing on Tentative Millage and Tentative Budget pgs 89-90 E. Adopt Resolution R-16-23 Tentative Millage Rate for Calendar Year 2016 (Transmittal, R- 16-23) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A TENTATIVE MILLAGE OF 3.8556 MILLS FOR THE CALENDAR YEAR 2015; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 91-98 F. Adopt Resolution R-16-24 - FY 2016/2017 Tentative Budget (Transmittal, R-16-24) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE TENTATIVE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. G. Announcement that the Final Public Hearing on Millage and Budget is to be held on Wednesday, September 28, 2016 at the City Council Regular Meeting at 6:00 p.m. 6. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website www.cityofsebastian.org. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S. 286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 2of98 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Workshops and Special Meetinas. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealinq Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Headinq on Aqenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 3 of 98 �.- _7Z � - M�7,, .'to - CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: AGENDA ITEM TITLE: RECOMMENDATION: 19 September 20162016 Resolution R-16-25. Approve Resolution R-16-25 BACKGROUND: City Staff and representatives of the Coastal Florida Public Employees Association bargaining unit (CFPEA) have negotiated a three (3) year Collective Bargaining Agreement for employees covered by the Coastal Florida Public Employees Association. The previous three-year Agreement is due to expire on September 30, 2016. Each paragraph of this Agreement was thoroughly discussed and City Staff and CFPEA representatives endeavored to make every provision as clear as possible. Highlights of changes include: Added $1 per hour for Dispatchers serving on-call or as trainers; Deleted personal leave for part-timers; Provided that vacation and sick leave is not accrued when on unpaid leave; Changed Birthday off to eight hours paid in December if no sick leave is used; Restored sick leave and vacation payout for hires after 10/01/11 to 50% after six years of service; Shortened time period required to resolve grievances; Provided that employees not scheduled to work a holiday get straight time based on their normal shift; Added that Maintenance Workers must obtain CDL license to be eligible for promotion; Provided that for FY16/17, employee's cost of family plan insurance will be 40% of the total premium and not exceed 60% in following years; Provided that light-duty will not exceed one year; Provided that benefits continue when on disability leave except for vacation and sick leave and that paid leave, workers compensation and disability will not exceed their previous take home pay; Added provision that longevity pay increases are suspended if disciplinary action is longer than six months; Provided 3% pay increases for FY2016 with reopeners the next two years; Replaced "step pay plan" with minimum -midpoint -maximum rates depending on job market, experience, additional duties, etc. Thirty-one (31) eligible employees voted on 9 September 2016, with twenty-five (25) voting to accept this Agreement. Staff believes that the City will be well served to ratify this Agreement, with the expectation that the terms will be well defined for these workers and with the consideration that no additional funds will be necessary beyond those already provided in the recommended budget for FY 16/17. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: N/A Amount Budgeted in Current FY: Provided for in Recommended 2016 Annual Budget Amount of Appropriation Required: None Fund to Be Utilized for Appropriation: General Fund Administrative Services Department Review:' 1 <�A _'tM ATTACHMENTS: N/A City Manager Authorization: Date: 13 September 2016 5 of 98 RESOLUTION NO. R-16-25 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING AN AGREEMENT FOR ALL FULL-TIME AND PART-TIME (EXCLUDING TEMPORARY AND SEASONAL EMPLOYEES) HOURLY EMPLOYEES BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION (CFPEA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S RATIFICATION AND CAUSE SAID AGREEMENT TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Coastal Florida Public Employees Association (CFPEA) is certified with the Florida Public Employees Relations Commission as the Bargaining Unit for certain employees of the City of Sebastian; and WHEREAS, the City of Sebastian has negotiated a Collective Bargaining Agreement with the CFPEA for the period October 1, 2016 through September 30, 2019; and; WHEREAS, thirty-one (3 1) of the employees covered by said Collective Bargaining Agreement have voted, with twenty-five (25) of those employees voting to accept same; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The negotiated Collective Bargaining Agreement is hereby ratified. Section 2. The City Manager is authorized to notify all parties of this ratification and to cause said Collective Bargaining Agreement to be put into effect. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This resolution shall take effect October 1, 2016. . • •: The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Jerome Adams Councilmember Andrea B. Coy Councilmember Richard Gillmor Councilmember Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted on this 19`h day of September 2016. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor Approved as to form and legality for the reliance by the City of Sebastian only: Robert Ginsburg, City Attorney 7of98 HOME OF PELICAN ISLAND COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN and THE COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION October 1, 2016 — September 30, 2019 TABLE OF CONTENTS ARTICLE TITLE Page Agreement 3 Preamble 3 1 Union Recognition 3 2 Management Rights 4 3 Bargaining Unit Representation 4 4 Dues Deduction 5 5 Rights of Employees 5 6 No Strike 6 7 Hours of Work and Overtime 6 8 Seniority/Layoff/Recall 9 9 Miscellaneous Leave 11 10 Sick Leave 14 11 Vacation Leave 16 12 Grievance Procedure 18 13 Holidays 20 14 Promotions, Transfers and Adjustments 21 15 Group Insurance 23 16 Retirement Contribution 23 17 Performance Evaluations 24 18 Safety 26 19 Disciplinary Action 28 20 Salary 28 21 Substance Abuse Testing 29 22 Uniforms 29 23 Education Reimbursement 29 24 Classification and Pay Scale 30 25 Severability 31 26 Counseling 31 27 Term of Agreement 32 Appendix A Grievance Form 33 Appendix B Application for Membership 34 Appendix C Classification and Pay Scale 35 2 e • �� AGREEMENT Section 1 This Collective Bargaining Agreement ("Agreement") is entered into by the City of Sebastian, Florida ("City" or "Employer") and Coastal Florida Public Employees Association ("PEA"), and has as its purpose the promotion of harmonious relations between the City and PEA; the establishment of an equitable and peaceful procedure for the resolution of differences; and includes the agreement of the parties on the standards of wages, hours and other conditions of employment covered hereunder. Section 2 Throughout this Agreement masculine gender pronoun shall be read to include feminine gender where appropriate. PREAMBLE Whereas, the intent and purpose of this Agreement is to maintain and further harmonious and cooperative labor management relations upon a constructive and sound foundation; Whereas, the cornerstone of this foundation is the mutual acceptance and recognition of the rights and obligations of both parties, in order that the joint responsibilities of the public employer and public employee to represent the public be fulfilled and the order and uninterrupted functions of government be assured; and Whereas, the City is engaged in furnishing essential public services vital to the health, safety, protection, and comfort of the residents of Sebastian; and Whereas, both the City and its employees have a high degree of responsibility to the public in so serving the public without interruption of these services; and Whereas, since both parties recognize this mutual responsibility, they have entered into this Agreement as an instrument and means to permit them to fulfill said responsibility; Now therefore, in consideration of the premises and promises set forth herein and the benefits and advantages accruing or expected to accrue to the parties hereto and those covered by this Agreement by reason thereof, and said parties hereby agree as follows: ARTICLE 1 UNION RECOGNITION 1.1: The City recognizes the PEA as being certified by the Florida Public Employees Relations Commission and as such is the sole and exclusive bargaining agent, for those full-time and part- time (excluding temporary and seasonal employees) hourly employees working within the unit, for the purpose of negotiating matters of wages, hours and other terms and conditions of employment. This list of job classifications may be amended from time to time due to business/city standard changes. Positions may be removed or added. Titles may be changed to better suit the position. This shall be at the discretion of the City. Position Classification 911 Emergency Dispatcher Supervisor (PD) 911 Emergency Dispatcher (PD) Accounting Clerk I Accounting Clerk H Administrative Assistant Administrative Assistant (PD) Administrative Supervisor Administrative Supervisor (PD) Assistant Golf Professional Building Inspector Business License Specialist Cashier Cemetery Supervisor Chief Building Inspector Clerical Assistant I Clerical Assistant H Code Enforcement Officer Community Development Coordinator Crime Scene Evidence Technician Engineering Technician/Environment Facilities Foreman Golf Course Attendant Head Cashier Lead Mechanic Maintenance Worker I Maintenance Worker II Maintenance Worker III Mechanic Permit Technician Parks Supervisor Planner Plans Examiner Records Clerk I (PD) Records Clerk II (PD) Records Specialist Records Supervisor (PD) Roads & Drainage Supervisor Traffic Technician ARTICLE 2 MANAGEMENT RIGHTS 2.1: The management of the City and the direction of the workforce are vested exclusively in the City subject to the terms of this agreement. Nothing in this Agreement shall affect the right of the City to determine the standards of service offered the public; to maintain the efficiency of the City's operations; to determine the methods, means and personnel by which the City's operations are to be conducted; to direct the work of its employees; to hire, promote, demote, transfer, assign and retain employees in positions; to discipline, suspend or discharge employees for just cause and to relieve employees from duty because of lack of work; or to take any action, not inconsistent with the express provisions of this Agreement, necessary to carry out the mission of the City. All matters not expressly covered by the language of this agreement may be administered for its duration by the City in accordance with such policy or procedure as the City from time to time may determine. ARTICLE 3 BARGAINING UNIT REPRESENTATION 3.1: The PEA, upon the presentation of Application for Membership form (Appendix B) dues deduction, duly executed by the individual employees covered by this Agreement, shall be entitled to have such employees' membership dues deducted from their paychecks on a bi-weekly (twenty six (26) times per year) basis and remitted to the PEA. As assignment of wages/dues deduction may be canceled by the employee on thirty (30) days written notice to the City and to the PEA. 11 of 98 3.2: The City agrees to provide suitable bulletin board space on existing or new bulletin boards in convenient places for posting of official PEA notices to its members and to other covered employees. The City also agrees to allow the PEA the use of e-mail for these notices. No scurrilous, defamatory, or otherwise objectionable material will be posted or emailed. The parties agree that the usage of such bulletin boards and emails will be to promote employee -employer relations, as well as keep the members and other covered employees informed of its activities. Copies of all materials, notices, or announcements shall be submitted to the Assistant Administrative Services — HR Director or designee, before they are posted. All notices shall be signed by a duly authorized PEA representative. 3.3: The City will permit the PEA to maintain an official mailbox at various work sites. The mailboxes will be provided by the PEA. Mail delivered to these mailboxes will be delivered unopened. 3.4: The City will allow the PEA a reasonable opportunity to meet with new employees covered by the agreement at the conclusion of new employee orientation for the purpose of briefing the employee on this Agreement and the Bargaining Unit's programs and benefits. ARTICLE 4 DUES DEDUCTION 4.1: Upon receipt of a stipulated lawfully executed Assignment of Wages/Dues Deduction form, from an employee, the Employer agrees to deduct the regular dues of the PEA from the employee's pay bi-weekly (twenty six (26) times per year) basis for so long as the PEA remains the certified bargaining agent for the employees within the unit. Such dues will be remitted promptly to the home office of the PEA Bargaining Unit. The PEA agrees to notify the Employer, in writing, at least thirty (30) days prior to the effective date of any changes in the regular dues structure. 4.2: Revocation of dues will be processed through the PEA, but in the event of direct revocation, the PEA will be notified as soon as is practicable. All persons currently on dues deduction shall continue without further authorization. 4.3: The PEA agrees to indemnify and hold harmless the Employer, its agents, employees and officials from and against any claims, demands, damages or causes of action (including, but not limited to, claims, etc., based upon clerical or accounting errors caused by negligence,) of any nature whatsoever, asserted by any person, firm or entity, based upon or related to payroll deduction of PEA dues. The PEA agrees to defend, at its sole expense, any such claims against the Employer or its agents, employees, and officials. The tern "official" as used herein includes elected and appointed officials. 4.4: Nothing contained herein shall require the Employer to deduct or to otherwise be involved in the collection of delinquent dues, fines, penalties, or special assessments of the PEA. 4.5: An assignment of Wages/Dues deduction may be canceled by the employee upon thirty- (30) day's written notice to both the City and the PEA. ARTICLE 5 RIGHTS OF EMPLOYEES 5.1: The City and PEA agree that employees possess the rights set forth in Section 447.301, Florida Statutes, and are entitled to exercise these rights without interference, restraint, or coercion from any person, including PEA representation in any discussion between the employee and representatives of the City in which the employee has reasonable grounds to fear that the 12 of 98 interview is investigatory and may result in disciplinary action being taken against the employee. 5.2: The City will have the employee sign for a copy of any adverse action document to be placed in an employee's personnel files prior to the document being placed into the files. Employees shall have the right to file a written response to any letter of reprimand or other document that is placed in the employee's personnel file as a result of supervisory action or citizen complaint. Any such written response shall be included in the employee's personnel file together with the letter of reprimand or other document against which it is directed. To the extent permitted by law and in order to protect the privacy and promote the safety of employees, the City agrees not to directly or indirectly furnish the news media or public with any employee's home address, telephone number, photograph, and/or personnel records without the employee's consent. 5.3: The PEA agrees not to directly or indirectly furnish the news media or the public with personnel records without the consent of the City and the employee, thus mutually agreeing to the confidentiality of personnel records other than required by law. 5.4: PEA members are entitled to be represented by the PEA in grievances arising under this Agreement. They may also bring matters of individual concern not covered by this Agreement to the attention of City officials. ARTICLE 6 NO STRIKE 6.1: For purposes of this Article, "strike" is defined as the concerted failure of employees to report for duty; the concerted absence of employees from their positions; the concerted stoppage of work by employees; the concerted submission of resignations by employees; the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of employment with a public employer for the purpose of inducing, influencing, condoning or coercing a change in the terms and conditions of employment or the rights, privileges or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the public employer; the concerted failure of employees to report for work after the expiration of a collective bargaining agreement. 6.2: The PEA recognizes that strikes by public employees are prohibited by Article 1, Section 6, of the Florida Constitution and Section 447.505, Florida Statutes. The PEA agrees not to authorize, instigate, or otherwise support a strike, as defined in Section 6.1 above. 6.3: The PEA recognizes that it -- and all acting in concert with it -- shall be liable for the penalties set forth in Section 447.507, Florida Statutes, in the event of a strike in violation of this Article. 6.4: The PEA agrees that there shall be no strikes in accordance with Article 1, Section 6 of the Florida Constitution and Section 447.505, Florida Statues. In the event of a strike, slow up, work stoppage, or interruption due to informational pickets, the PEA shall promptly and publicly disavow such unauthorized conduct and to take all affirmative action legally available to prevent or terminate any strike which occurs in contravention of this commitment. 6.5: For the purpose of this Agreement, informational pickets shall be allowed. Informational pickets shall not stop or discourage City employees from normal business. Informational pickets shall not encourage any type of act that would violate local ordinances, city, state or federal law, e.g., honking of horns, etc. ARTICLE 7 HOURS OF WORK AND OVERTIME 7.1: Basic Work Week: (a) The basic work week for regular full-time employees shall ordinarily consist of forty (40) 13 of 98 hours per week, starting at 12:01 a.m. Sunday and ending at 12:00 midnight Saturday, unless otherwise specified or scheduled by the Department Head to meet particular requirements of an individual department. (b) The basic workweek for regular part-time employees shall consist of those hours they are required to work by their Department Head or his designee. (c) Meal periods shall not be considered time worked. (d) Employees will be entitled to a one (1) hour meal break, which will be taken at the discretion of their immediate supervisor. Employees will also be entitled to two (2) paid fifteen (15) minute work breaks one in the morning and one in the afternoon. Employees will be paid for an eight (8) hour day. In order to be entitled to the 30 minute paid lunch, the employee must have worked four and a half (4.5) hours of their shift. Hours of Operation 1. Administrative employee's hours of work are from 8:00 a.m. to 4:30 p.m. Monday through Friday. 2. Non -administrative employee's hours of work are from 7:00 a.m. to 3:30 p.m. 3. Hours of operation for both Administrative and Non -administrative employees may be changed from time to time at the discretion of the Department Head. (e) The two fifteen (15) minute work breaks will not be taken immediately before and/or immediately after the meal break, and it must be used or lost. It cannot be used to make up for late arrival or for leaving work early. (f) The City will make a good faith effort to find work for employees when adverse weather conditions do not permit outside work. If no work is available, employees may use accrued vacation, personal, or compensatory time, (if earned) to leave work for the remainder of the day. 7.2: Communications Division: (a) Fourteen (14) days shall constitute a normal work period for the Communications Division of the Police Department, starting at 12:01 a.m. Sunday and ending at 12:00 midnight on Saturday fourteen days later. Such unit employees shall be entitled to one (30) minute meal break and two (2) fifteen (15) minute paid breaks per each eight (8) hour shift, to be taken at the discretion of their immediate supervisor. However, if the employee works a twelve (12) hour shift, they are entitled to one (1) thirty (30) minute meal break and three (3) fifteen (15) minute paid breaks. (b) Hours worked in excess of eighty (80) hours in a fourteen (14) day work period shall be compensated at the rate of time and one-half (1 ''/z) of the employee's hourly wage. (c) Any employee who works either regularly scheduled hours or overtime hours that fall between 6 P.M. and 6 A.M. shall be entitled to a shift differential equal to five percent (5%) of their regular hourly rate of base pay for each hour worked. The employee must work a minimum of three (3) hours during the established hours set above before they will be entitled to receive shift differential. Any employee who works less than three (3) hours will not receive shift differential for those hours worked. (d) The City will pay employees the Florida State Statutes Meal Allowance for those assigned a regular shift, who have completed their shift, and who have to cover a full additional shift when staff has a shortage and it was unexpected. (e) A 911 Dispatcher who is performing training will be paid an extra $1.00 per hour for all hours they are actually providing in-house instruction and not on leave. (� A 911 Dispatcher designated as required to be on-call will be paid an extra $1.00 per hour for on-call hours, providing they are not otherwise paid call-back pay. 14 of 98 7.3: Overtime: (a) Overtime will be authorized only when it is in the interest of the Employer and is the most practicable and economical way of meeting workloads or deadlines. (b) All authorized and approved time worked in excess of forty (40) hours in any one workweek is considered overtime worked and shall be either paid at the rate of one and one-half (1 %z) times the hourly wage of the employee, or by compensatory time off at the rate of one and one-half (1-1/2) hours for each hour worked over forty (40) hours in any one workweek. (c) For the purpose of overtime computation, time spent by an employee on any approved leave with pay (approved sick leave excluding compensatory time) will be considered as time worked. Emergency closure hours will be considered time worked for the purpose of computing overtime. (d) 1. If an employee has accrued earned overtime, he or she may elect, with the approval of the Department Head, to accrue compensatory time off rather than be paid for the overtime. 2. An employee may accrue up to a maximum of one hundred twenty (120) hours of compensatory time in any Fiscal Year of which eighty (80) hours may be carried over from year to year. All compensatory time in excess of eighty (80) hours up to one hundred twenty (120) hours must be used in the same Fiscal Year it is earned (and by the last full pay period of the fiscal year) or the remaining balance of unused compensatory time in excess of eighty (80) hours will be converted to the employee's current hourly rate of pay and added to their first pay check in October. At the employee's option they may request pay -out for all accrued compensatory time up to one hundred -twenty (120) hours earned in any fiscal year. Accrued compensatory time will be converted to the employee's current hourly rate of pay and added to their first pay check in October. Written request for payout for all or partial accrued compensatory time must be submitted by September I" of each fiscal year. 3. Employees wishing to use accrued compensatory time off must follow the same procedures as an employee wishing to take vacation time. The employee must receive prior approval to use compensatory time off, except in emergency situations. The employee's Department Head shall attempt to accommodate the desires of the employee as to the time off desired, work schedule and conditions permitting. (e) No employee will be placed in a leave without pay status during the basic workweek in order to deprive him or her of the right to earn compensable overtime. Upon approval of the Department Head, employees may elect to flex their hours within the same seven-day workweek. (f) Employees shall be required to work overtime when assigned unless excused by the Department Head. Any employee who desires to be excused from an overtime assignment shall submit to their Department Head a written request to be excused. In the event that the Department Head cannot schedule a suitable overtime work force from the complement of employees who have not requested relief from overtime, employees who have approved written relief requests on file may also be required to work overtime. (g) If an employee leaves the service of the City, he or she will be paid for all accrued compensatory time at the employee's current hourly rate of pay to a maximum of one hundred twenty (120) hours. 15 of 98 7.4: Call -Out When an employee is called back to work after his or her normal workday, he or she shall receive a minimum of two (2) hours pay at the overtime or compensatory time accrual rate. Travel time shall be included as time worked. When an employee is assigned to attend a meeting or perform work immediately following his/her normal work day, the employee shall be entitled to a minimum of one (1) hour pay at the overtime or compensatory time accrual rate, if applicable, and shift differential if appropriate. Hours in excess of forty (40) hours per week will be paid at the overtime or compensatory time accrual rate of time and one-half (1 %z) the employee's regular hourly rate of pay. ARTICLE 8 SENIORITY/LAYOFF/RECALL 8.1: Definitions: (a) City seniority is the total cumulative length of uninterrupted regular full-time or regular part-time employment of an employee by the Employer, measured from the most recent date of regular employment by the Employer, except as provided in Section 8.2 below. (b) Classification seniority is the length of regular full-time or regular part-time service by an employee in the same job classification. (c) City seniority shall apply for the purposes of layoff, vacation computation, service awards, or other matters based upon length of service. 8.2: Accrual of Senioritv: (a) Employees shall be placed in a probationary status for the first six (6) months of employment in any job classification. Probationary employees accrue no classification seniority until they become permanent regular employees, whereupon their classification seniority shall begin from the date of entry into the classification. An employee who has completed his or her initial probationary period shall continue to accrue City seniority notwithstanding subsequent probationary period(s) resulting from promotion or transfer to a different job classification. (b) Any employee who is on an unpaid leave of absence of less than twelve months shall not accrue sick or vacation time, but they shall not lose seniority. Seniority accrual shall continue on the first day of the employee's return to work. 8.3: Loss of Senioritv: Employees shall lose City and classification seniority only as a result of: (a) voluntary resignation; (b) retirement; (c) discharge; (d) layoff for a period exceeding twelve months; (e) absence from work without authorization; (f) failure to return from military leave within the time limit prescribed by law; (g) approved leave of absence without pay of more than twelve months. 8.4: Work Force Adiustment and Lav -off - (a) When work force adjustment becomes necessary due to lack of work, shortage of funds, discontinuance of operations, or the subcontracting out of City services, the Employer may lay-off employees. The PEA and the affected employee(s) shall be notified in writing not less than sixty 60 calendar days prior to the effective date of such lay-off. 9 16 of 98 (b) If the City fails to provide the employee(s) with a sixty- (60) day written notice of lay- off, the City will pay the employee(s) the equivalent of twenty (20) days of pay. Such payment will be paid in two (2) bi-weekly increments. (c) The duties performed by any laid off employee may be reassigned to other employees already working who hold positions in appropriate classifications. (d) No regular full-time employee shall be laid -off while a probationary, part-time, or temporary employee remains employed in the same job classification. (e) Permanent, regular full-time employees who receive a notice of lay-off shall have the right, in accordance with their seniority, to transfer or downgrade (commonly known as "bumping") or to take the lay-off. Bumping shall only be permitted in the event of lay-off, in accordance with the following procedure: (1) Management shall identify the position(s) that may be bumped within five (5) calendar days of the notice and explain the options to the affected employee(s). Position classifications that are available for bumping will only be for the same grade or less than the employee's current position. The employee must possess the minimum qualifications for that position, and have greater City seniority than the present occupant of that position. Affected employees shall have five (5) calendar days, from the date their options are explained, to notify management whether they desire to bump or take the lay-off. (2) If otherwise eligible, the bumped employee may then proceed himself in accordance with this article. (3) In the event that two or more affected employees have the exact same citywide seniority, the employee with the least classification seniority will be laid off first. If both employees have equal seniority, the employee who applied for the position first will retain the position. This will be determined by the time/date stamp issued by Administrative Services on the employment application when it was first received. (4) An employee bumping to a different job classification shall be placed in a probationary period of six (6) months. If, in the opinion of the City, the employee cannot satisfactorily perform the duties of the position to which the member has bumped, the employee will be laid off without further bumping rights. (5) An employee bumping to a job classification which is lower than their present job classification will take a 3% per Grade not to exceed nine (9%) percent reduction in pay and be placed on the pay scale to the closest step in the new job range. In no case will the employee be paid more than the maximum rate of the lower classification. (f) Probationary employees shall have no bumping rights. An employee who is in a probationary status as of the date of notice of the lay-off, but who has previously achieved permanent status in a lower job classification, may revert to such lower classification for the purpose of exercising bumping rights. If the employee reverts to the lower classification, their pay is adjusted to the pay they previously held prior to the promotion. (g) Regular part-time employees may only bump other part-time employees. (h) Exempt employees cannot bump into the bargaining unit unless they held a bargaining unit position within the past 1 year of the effective date of such layoff. 8.5: Recall: (a) Recall of laid -off employees shall be made in accordance with City seniority. Initial contact shall be attempted by phone. This shall be followed by a certified letter, return receipt requested, to the employee's last known address, to confirm the phone 10 17 of 98 conversation and/or document that the recall notice has been provided. Laid -off employees who desire to be recalled shall keep the Employer continuously informed of their current mailing address, or lose their recall rights. (b) Within three (3) calendar days after receipt of a notice of recall, recalled employees who desire to return to work must notify the Employer in writing to advise that they intend to return to work, or they will lose their recall rights. Recalled employees must return to work fit for duty within ten (10) working days of the receipt of a recall notice, or they will lose their recall rights. (c) Employees who are laid -off will be eligible for recall for 1 year of the effective date of such layoff for any position in the same or lower pay grade. When an employee returns to a position of a lower pay grade, he or she will take a 3% reduction in pay grade to the closest step in the pay grade of the new job. In no case will the salary be higher than the maximum rate of the new job or shall any reduction result in more than a nine percent (9%) decrease in pay. Previously canceled group health insurance may be reinstated upon the employee's return to active duty consistent with the plan's requirements. In addition, any balances of accrued vacation or sick leave not previously paid will be reinstated and the accrual rate from the date of return to active duty will be at the accrual rate enjoyed at the date they were laid off. ARTICLE 9 MISCELLANEOUS LEAVE 9.1: Bereavement Leave: (a) With the approval of the Department Head, paid bereavement leave, not to exceed forty (40) hours for regular full-time employees and twenty (20) hours for regular part-time employees, may be granted in the event of a death in the employee's immediate family. For purposes of this provision, an "employee's immediate family" is defined as the employee's spouse/domestic partner, parent/step parent/father-in-law/mother-in-law, child/step child, brother, sister, grandparent, grandchild, or any relative who is domiciled in the employee's household. (1) Police Department — Communications (Dispatch) will be paid Bereavement Leave, not to exceed 40 hours; however to accommodate 5 work days, additional leave may be approved. (b) Bereavement leave shall not be charged to vacation leave, personal leave, sick leave or to compensatory time. Any absence in excess of approved bereavement leave, will be charged at the employee's discretion to accrued compensatory time, vacation leave, sick leave, personal leave or, if no leave is accrued, to leave without pay. Said paid bereavement leave time shall be taken by the employee within 14 calendar days of the death. Within thirty- (30) calendar days from the date the employee returns to work from such absence, the employee will file a copy of the death certificate of the deceased. Said death certificate will be attached to a leave request form and forwarded to the Department of Administrative Services for processing. Failure to produce a death certificate will result in the employee reimbursing the City for any paid leave taken under this Article. Any employee found to have falsified his or her application to use this time will be disciplined up to and including dismissal. It is understood that under certain circumstances the employee will be unable to obtain a death certificate. In this event, in lieu of a death certificate, the employee shall submit a newspaper account showing the death and the relationship of the deceased to the employee and/or other appropriate criteria as deemed appropriate by the Administrative Services Director. 11 (c) For non -immediate family, employees have the option to use accrued vacation leave, compensatory time or personal leave, for the attendance of funerals. Employees will supply their supervisor with written notification for this request in as timely manner as possible. The supervisor will make every effort to comply with the provisions of this section. In the event that the employee does not have any accrued vacation, compensatory, or personal leave they may request to use sick leave or leave without pay. 9.2: Court Leave/Jury Dutv: (a) Employees attending court on behalf of the City, any other public jurisdiction or for jury duty during their normal working hours shall receive leave with pay for the hours they travel to and attend court. The City of Sebastian Travel Policy will be used for travel expenses, excluding jury duty. (b) All employees subpoenaed to attend court on behalf of the City are eligible for leave with pay. Those employees who become plaintiffs or defendants for other than work related reasons are not eligible for leave with pay but may request to use accrued annual leave, compensatory time or personal leave. (c) Employees who attend court on behalf of the City or jury duty for only a portion of a regularly scheduled work day shall report to their supervisor when excused or released by the court. (d) Employees required to attend court on behalf of the City or for jury duty, while on a scheduled vacation may be allowed to take court leave/jury duty instead of vacation leave for such period. (e) Employees who seek to receive leave with pay under this section shall present official notice of their subpoena or jury duty notice to their supervisor at least twenty-four (24) hours in advance of the scheduled time, unless the employee actually receives less than twenty-four (24) hours advance notice. Employees who are required to be absent for either reason, shall submit official documentation to their supervisor showing all days or hours of court leave/jury duty upon return to work. (f) Consistent with existing City policy, the employee shall remit to the City any and all compensation received for court leave on behalf of the City or for jury duty, excluding payment for travel and meals. 9.3: Conference Leave: The City may grant conference leave with pay, together with necessary travel expenses, for employees to attend conferences, schools, and similar events designed to improve their efficiency, if considered to be in the City's best interest. All leave and expenses will be recommended by the Department Head and subject to approval of the City Manager. 9.4: Medical Leave: City agrees to grant request for leave of absence for medical reasons with or without pay in accordance with the Family and Medical Leave Act (FMLA) and City Policy. 9.5: Military Leave (a) The City agrees to grant request for leave of absence with or without pay in accordance with Florida State Statute 115.07 — Officers and employees' leave of absence for reserve or guard training. (b) The employee shall be required to submit an order or statement from the appropriate military commander as evidence of any such duty. Such order or statement must accompany the form request for Military Leave at least two (2) weeks prior to the date such leave is desired. 12 19 of 98 9.6: Leave of Absence (a) The decision to grant a leave with or without pay (leave of absence) is a matter of management discretion. It shall be incumbent upon each Department Head to weigh and to determine each case on its own merits, including time off for PEA business. (b) An employee may be granted a leave of absence for a period not to exceed twelve (12) months for good and sufficient reasons, which are considered to be in the best interests of the City. (1) Such leave shall require the prior approval of the Department Head and the City Manager or his designee. Before such leave of absence without pay will be granted, the employee must exhaust all vacation leave, personal leave, compensatory and, if appropriate, sick leave. (2) Voluntary separation from City service, to accept employment outside of the service of the City, shall be considered an insufficient reason for approval of a request for leave of absence without pay. (3) If for any reason a leave of absence without pay is given, the leave of absence may subsequently be withdrawn by the Department Head and the City Manager, and the employee recalled to service. (4) An employee requesting a leave of absence for medical reasons must submit a written Doctor's note to their Department Head stating the length of time they will be absent. In addition, the employee must keep the Administrative Services Department advised of his or her current address at all times. If a Doctor's note is not submitted, the employee will be considered as on an unauthorized leave of absence and appropriate disciplinary action shall be taken. Failure to comply with the notification requirements will result in the employee being dropped from leave of absence status, in which case he/she must return to duty or be dismissed. (5) An employee who obtains either part-time or full-time employment elsewhere while on an authorized leave of absence is required to notify his Department Head in writing within three (3) days of the acceptance of such employment or they will be terminated from City employment. (6) At least two (2) weeks prior to the expiration of the leave of absence, the employee must contact the Administrative Services Department in order to facilitate the reinstatement process. (7) Failure by an employee to return to work at the expiration of a leave of absence shall result in immediate dismissal from employment with the City. (c) Under no circumstances shall the City provide any funds towards the CWA/ITU pension plan while the employee is on an unpaid leave of absence. (d) During the time the employee is on leave without pay, the employee will not accrue neither sick nor vacation leave, unless the employee is on leave in accordance with the FMLA. Accrual of classification seniority is suspended until they return to regular duty. City seniority continues to accrue, providing the leave without pay does not exceed twelve months. The employee loses both City and classification seniority after twelve months. (e) An employee on an approved leave of absence may continue to participate in the group 13 20 of 98 insurance plan, provided that all necessary payments of the total premium are made by the employee. It is the employee's responsibility to keep premium payments current. (1) The insurance premium payment must be made by the 20th of the preceding month in which the payment is due. If the payment is not made by the 20th of the preceding month in which it is due, coverage will be canceled as of the beginning of the delinquent period. (2) If coverage is canceled during an approved leave of absence, it may be reinstated upon the employee's return to active duty consistent with the plan's requirements. 9.7: Eligibility: Only regular full-time and regular part-time employees are eligible for the miscellaneous paid leaves provided by this Article. All such benefits are personal to the employee and shall not be transferable. 9.8: Personal Leave Eligibility — Each regular full-time employee shall receive twenty (24) hours of personal leave per fiscal year. (a) Employees starting during the year will get a pro -rata portion of the personal leave hours. Those starting during the first three months receive twenty-four (24), second three months receive eighteen (18), third three months receive twelve (12) and the last three months receive six (6). (b) Personal leave must be used by the last full pay period of the fiscal year. ARTICLE 10 SICK LEAVE 10.1: Elieibility/Accrual of Sick Leave: (a) Only regular full-time and regular part-time employees are eligible to accrue sick leave. Regular full-time employees will accrue sick leave at the rate of ninety-six (96) hours per calendar year or 3.692 hours per pay period. Regular part-time employees working forty (40) hours or more per pay period will accrue sick leave at the rate of 1.846 hours for that pay period. Sick leave will accrue bi-weekly over twenty-six (26) pay periods. (b) New employees start to earn sick leave from their date of hire. Elieibility: 1 Temporary and seasonal employees are not eligible for sick leave benefits. 2. Part-time employees working less than a forty (40) hour pay period are not eligible to accrue sick leave benefits. 3. Sick leave does not accrue while an employee is on any unpaid leave. 10.2: Request for Sick Leave: a) Any employee who is incapacitated and unable to work shall notify his/her immediate supervisor or designee within one (1) hour prior to his/her scheduled reporting time, except in an emergency situation. The employee shall state the nature of his/her incapacitation, its expected duration, and the expected period of absence. The employee shall repeat this procedure each day he/she is unable to report for work, unless excused by the Department Head. 14 21 of 98 (b) If an employee is absent from work in excess of three (3) consecutive work days due to an illness, the member may be required to submit a doctor's note to the Department Head, or his/her designee, attesting to the employees ability to return to work with or without restrictions. 10.3: Use of Sick Leave: (a) Sick leave may be used for the following purposes: (1) employee ill health or; (2) medical, dental, or optical treatment required during working hours; (3) quarantine due to exposure to infectious disease; (4) employee ill health while on annual leave; (5) in connection with Workers' Compensation; (6) for death in employee's immediate family; and (7) illness of an immediate family member requiring the employee to remain at home. (b) Whenever it appears that a bargaining unit member abuses sick leave, such as when a member consistently uses sick leave immediately upon its being accrued or before and after holidays or weekends, the member may be required to furnish a doctor's note verifying that the member was medically unable to report to work on those days. Failure to provide such notice will result in no pay for the holiday and the day(s) in question. Abuse of sick leave shall constitute grounds for disciplinary action, up to and including termination. (c) Sick leave may be used for absences due to illness or injury sustained while engaged in outside employment, provided the employee is not being compensated for the same time by the other employer. (d) Employees may not use sick leave during their first sixty- (60) days of employment. If an employee resigns or is otherwise terminated during the first six (6) months probationary period, he/she will reimburse the City for all sick leave used by deducting the cash equivalent of hours used from his/her final pay check. (e) Upon separation from employment in good standing (resignation or retirement with a two-week notice or medical separation) and hired prior to October 1, 2011, a bargaining unit member is eligible to be paid for a percentage of his/her accrued balance of sick leave up to a maximum of 600 hours. The percentage is as follows: If separated before completing first year _0% 1 — 5 completed years of service -25% 6 years to 10 completed years of service -50% 11 years to 20 completed years of service -75% Over 20 years of completed service -100% (f) Upon separation from employment in good standing (resignation or retirement with a two-week notice or medical separation) and hired after October 1, 2011, a bargaining unit member is eligible to be paid for a percentage of his/her accrued balance of sick leave up to a maximum of 600 hours. The percentage is as follows: 15 If separated before completing first year _0% 1 — 5 completed years of service -25% 6 years of completed years of service and above -50% (g) Every regular full-time employee entitled to sick leave benefits and who has been employed for one (1) full fiscal year and who does not take any sick leave during that fiscal year shall be given sixteen (16) hours pay calculated at their base rate to be added to their paycheck with the first full pay period in the following December. (h) Once an employee accrues 320 hours of sick leave they may at their option convert fifty percent (50%) of any unused accrued sick leave in excess of 320 hours to vacation leave as of the last full pay period of each fiscal year. Employees who elect not to convert their sick leave, will retain their sick leave benefit as currently provided in the contract. If the employee is at the maximum vacation accrual after the last full pay period of each fiscal year, the sick conversion process cannot be allowed. ARTICLE 11 VACATION LEAVE 11.1: Eliaibilitv: Only regular full-time and regular part-time employees are eligible to accrue paid vacation leave. Probationary employees will be allowed to use accrued vacation leave at the approval and discretion of their immediate Department Head or his/her designee. Temporary or seasonal employees are not eligible for the accrual of vacation leave. 11.2: Rate of Accrual: (a) Vacation leave is earned on a pro -rata basis. Full-time employees will accrue vacation leave based on their years of service with the agency. The accrual rate for regular part- time employees working forty (40) hours or more per pay period will be at one-half the accrual rate of a regular full-time employee with the same number of years of service. To clarify the rate at which an employee accrues vacation leave the following tables will be used. Eliaibilitv: A. Regular full-time employees and regular part-time employees working forty (40) hours or more per pay period are eligible. B. Temporary and seasonal employees are not eligible for vacation leave benefits. C. Part-time employees working less than a forty- (40) hour pay period are not eligible for vacation leave benefits. D. Vacation leave does not accrue while an employee is on any unpaid leave. Table #1: Full Time Employees 16 23 of 98 Bi -weekly Vacation Leave Length of Service Accrual Rate Hours Earned 1 Year but less than 5 Years 3.077 hours 80 hours (10 Working Days) 5 Years but less than 10 Years 4.615 hours 120 hours (15 Working Days) 10 Years but less than 15 Years 6.15 hours 160 hours (20 Working Days) 15 Years but less than 20 Years 6.92 hours 180 hours (22.5 Working Days) 20 Years and over 7.69 hours 200 hours (25 Working Days) 16 23 of 98 Table #2 Part -Time Employees working forty (40) hours or more per pay period 11.3: Reauest for Vacation Leave (a) A request for vacation leave shall be submitted, in writing, to the employee's Department Head. (b) A request for vacation leave shall not be granted if the employee has no accrued balance of vacation leave. (c) The minimum charge against the accrued vacation leave balance is fifteen (15) minutes. Fifteen (15) minutes shall be deducted from an employee's accrued leave balance for each minute hour, or part thereof that an employee is actually absent from his/her duty station. (d) Vacation leave may not be taken in advance of its approval by the Department Head. In an emergency situation accrued vacation leave may be used only with the approval of the employee's Department Head or designee. (e) Except under unusual circumstances, Department Heads shall approve or disapprove a written leave request within five (5) working days after receipt of said request. (f) Vacation leave shall not be used in advance of its being earned. 11.4: Use of Vacation Leave: (a) Vacation leave may be used for the following purposes: (1) vacation; (2) absences from duty for transaction of personal business, which cannot be conducted outside of working hours; (3) religious holidays not designated as official holidays; (4) medical leave if sick leave balance has been exhausted; and (5) any other absences not covered by existing leave provisions, at the discretion of the Employer. (b) Any employee who becomes ill while on vacation leave may substitute accrued sick leave for vacation leave for the period of illness. The employee must submit a written request to the appropriate Department Head along with, medical certification from the attending physician as to the nature and duration of the illness. (c) Employees will not be allowed to carry over from one fiscal year to the next more than two (2) years' worth of accrued vacation leave. If during the year the employee accrues more than two (2) years' worth of vacation leave, they will have until the last full pay period of the fiscal year to bring their time balances down to the two (2) year maximum. If the employee does not bring the time balance down to the two (2) year maximum by the last full pay period of each fiscal year, they will forfeit all hours in excess of the two (2) year maximum carryover. Vacation leave will continue to accrue beyond the limitations set forth above when a Department Head fails to grant vacation leave when requested in writing by an employee under the provisions of this article. Proper documentation signed by the employee's Department Head will be forwarded to the 17 24 of 98 Bi -weekly Vacation Leave Length of Service Accrual Rate Hours Earned 1 Year but less than 5 years 1.54 hours 40 Hours 5 Years but less than 10 Years 2.31 hours 60 Hours 10 Years but less than 20Years 3.07 hours 80 Hours 20 Years and over 3.85 hours 100 Hours 11.3: Reauest for Vacation Leave (a) A request for vacation leave shall be submitted, in writing, to the employee's Department Head. (b) A request for vacation leave shall not be granted if the employee has no accrued balance of vacation leave. (c) The minimum charge against the accrued vacation leave balance is fifteen (15) minutes. Fifteen (15) minutes shall be deducted from an employee's accrued leave balance for each minute hour, or part thereof that an employee is actually absent from his/her duty station. (d) Vacation leave may not be taken in advance of its approval by the Department Head. In an emergency situation accrued vacation leave may be used only with the approval of the employee's Department Head or designee. (e) Except under unusual circumstances, Department Heads shall approve or disapprove a written leave request within five (5) working days after receipt of said request. (f) Vacation leave shall not be used in advance of its being earned. 11.4: Use of Vacation Leave: (a) Vacation leave may be used for the following purposes: (1) vacation; (2) absences from duty for transaction of personal business, which cannot be conducted outside of working hours; (3) religious holidays not designated as official holidays; (4) medical leave if sick leave balance has been exhausted; and (5) any other absences not covered by existing leave provisions, at the discretion of the Employer. (b) Any employee who becomes ill while on vacation leave may substitute accrued sick leave for vacation leave for the period of illness. The employee must submit a written request to the appropriate Department Head along with, medical certification from the attending physician as to the nature and duration of the illness. (c) Employees will not be allowed to carry over from one fiscal year to the next more than two (2) years' worth of accrued vacation leave. If during the year the employee accrues more than two (2) years' worth of vacation leave, they will have until the last full pay period of the fiscal year to bring their time balances down to the two (2) year maximum. If the employee does not bring the time balance down to the two (2) year maximum by the last full pay period of each fiscal year, they will forfeit all hours in excess of the two (2) year maximum carryover. Vacation leave will continue to accrue beyond the limitations set forth above when a Department Head fails to grant vacation leave when requested in writing by an employee under the provisions of this article. Proper documentation signed by the employee's Department Head will be forwarded to the 17 24 of 98 Administrative Services Department where it will be kept on file indicating the reasons for not granting the requested leave. (d) When an employee is out of work on approved vacation leave and is called to work during their normally scheduled working hours, their leave banks will only be reduced by the number of hours they were off work. The employee's rate of pay for hours worked will be the overtime rate of 1 %z. If the employee works beyond the normally scheduled hours, then overtime provisions will apply for those hours. At no time will an employee earn time and one half for call back during the normally scheduled hours, then another time and half (for a total of 3 xs) for working over 40 hours in the work week. 11.5: Separation from Emnlovment: (a) Upon retirement, resignation, or other separation from City service, all regular full-time or regular part-time employees that are no longer on probation and who were hired prior to October 1, 2011 shall be entitled to be paid for all of his/her unused accrued balance of vacation leave at the rate of base pay received by the employee on the date of separation. (b) Upon separation from employment in good standing (resignation or retirement with a two- week notice or medical separation)all regular full-time or regular part-time employees that are no longer on probation and hired after October 1, 2011, shall be entitled to be paid for a percentage of his/her accrued balance of vacation leave. The percentage is as follows: If separated before completing first year _0% 1 — 5 completed years of service -25% 6 years of completed years of service and above -50% ARTICLE 12 GRIEVANCE PROCEDURE 12.1: The procedure set forth in this Article shall be the exclusive method for resolving PEA and employee grievances. Grievances are defined as disputes concerning the interpretation or application by the Employer of the terms of this Agreement. Oral reprimands are not grievable except those documented and placed in the member's personnel file. 12.2: Most grievances arise from misunderstandings or disputes, which can be settled promptly and satisfactorily on an informal basis at the immediate supervisor level. The Employer and PEA agree that every effort will be made by management and by the grievant(s) to settle grievances at the lowest level possible. 12.3: General Provisions: (a) All references to days in this procedure are to work days. The time limits specified in this Article may be extended by mutual agreement in writing of the parties. (b) Time is of the essence in this procedure. Although any time limit may be extended by mutual written agreement of the grievant(s) and the City, the failure of the grievant(s) to observe the applicable time limit, shall constitute an abandonment of the grievance, absent a mutually agreed extension. (d) Request to bypass any steps will be in writing and must be approved by the City Manager or his designee. 18 25 of 98 12.4: Procedure: Sten 1. Step 1 is initiated by the employee or PEA Representative filing with the Department Head a written grievance on the standard grievance form, attached as Appendix A. This must occur within ten (10) days of the occurrence of the event(s) which gave rise to the grievance or from the date on which the grievant became aware of the cause of the complaint. If the event(s) occurred during the time when the employee was on paid leave, the ten (10) day period shall commence running immediately upon return to duty. The Department Head shall schedule a grievance meeting with the grievant within five (5) days of the submission of the written grievance. Within five (5) days after the grievance meeting, the Department Head shall issue a written decision concerning the grievance. If the grievant(s) is not satisfied with the Department Head's decision, or if no decision is issued within the time allotted, the grievant(s) may appeal to Step 2. Step 2. Within five (5) days following the date of the Step 1 decision or the date on which it was due, whichever is earlier, the grievant(s) or PEA Representative may file a written appeal to the Assistant Administrative Services Director — HR Manager, attaching all applicable grievance documents. A grievance meeting shall be scheduled within five (5) days following receipt of the Step 1 appeal. At such meeting, the grievant(s) may present evidence and argument in support of the grievance. Within five (5) days of the grievance meeting, the Assistant Administrative Services Director — HR Manager shall issue a written decision concerning the grievance. Step 3. Within five (5) days following the date of the Step 2 decision or the date on which it was due, whichever is earlier, the grievant(s) or PEA Representative may file a written appeal to the City Manager. The City Manager will review all pertinent information and may schedule a hearing including due process for name clearing hearings and issue a decision within five (5) days of the hearing or five (5) days of receipt of the Step 2 appeal. If the issue falls within the range of minor disciplinary action, i.e., any discipline less than suspension without pay, the City Manager's decision shall be final and binding upon the Employer and upon the grievant(s). In all cases other than minor discipline and performance evaluations, if the grievant(s) is not satisfied with the Step 3 decision, the grievant(s) may invoke the arbitration procedure of Step 4. Step 4. The grievant(s) or PEA Representative may invoke arbitration by sending written notice to the Employer within ten (10) days of the date the Step 3 decision was issued or the date, on which it was due, whichever is earlier. Invocation of arbitration by the grievant(s) will not preclude settlement of the grievance at any time prior to the issuance of an arbitrator's award. 12.5: The parties will attempt to agree upon a mutually agreeable impartial arbitrator. If, however, this cannot be done within seven (7) days following the Employer's receipt of the grievant(s) request for arbitration, representatives of the Employer and the grievant(s) shall jointly submit a written request to the Director of the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) professional arbitrators. Upon receipt of the list, representatives of the Employer and grievant(s) shall meet within ten (10) days and, beginning with the grievant(s), each shall alternately strike, one at a time, until only one (1) name remains on the list. The person whose name remains on the list shall be the arbitrator, and the parties shall jointly notify the arbitrator of his/her selection. Either party may object to all names on the list, provided that objection is made prior to the commencement of the striking process. If this happens, a second joint request for a 19 26 of 98 list will be made. 12.6: All arbitrations arising under this Agreement shall be conducted at City facilities within the City of Sebastian and in accordance with the following rules: (a) The arbitrator shall have jurisdiction and the authority to decide a grievance properly brought before him/her. (b) The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. (c) The arbitrator may not issue declaratory options and shall confine himself/herself exclusively to the question, which is presented to him/her. The arbitrator shall not have the authority to determine any other issues not submitted to him/her. (d) Except in the case of termination as disciplinary action, the arbitrator shall not substitute his/her judgment as to the wisdom or the degree of severity of disciplinary action imposed on any employee by the Employer. The arbitrator's inquiry shall be limited to whether the Employer possessed evidence of misconduct before imposing the discipline ultimately imposed. In the event of the arbitration of a grievance arising out of the discharge of an employee, the arbitrator is empowered to either sustain the discharge or, if he/she does not, he/she is empowered to reinstate the employee with or without back pay, in whole or in part, as the circumstances warrant. Any award of back pay shall be reduced by any unemployment compensation or other compensation the employee may have received. (e) The fees and expenses of the arbitrator will be paid by the losing party. Each party shall bear the cost of its own witnesses and representatives. Any party requesting a transcript will bear its cost, unless otherwise agreed. (f) Copies of the Arbitrator's award, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to the parties within thirty (30) days of the hearing, unless the parties mutually agree to extend the time limit, and shall be final and binding on both parties. ARTICLE 13 HOLIDAYS 13.1: The following shall be paid holidays for all regular full-time and regular part-time employees: New Year's Day Martin Luther King Jr. President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Day Christmas Day 13.2: Generally, when a holiday falls on Saturday, the preceding Friday will be observed as the holiday. When a holiday falls on a Sunday, the following Monday will be observed as the holiday. However, on occasions, another day of observance may be more appropriate; in such instances, the City Manager will establish the date and will notify all employees in advance. For 911 Emergency Dispatch Technicians, Holidays will be observed on the actual Holiday. 20 27 of 98 13.3: No regular full-time or part-time employee shall receive pay for a holiday unless he/she is in an active pay status or actually works his/her normal work schedule on the work day immediately preceding and the work day immediately following the day on which the holiday is observed. For purposes of this Article, "active pay status" also includes any approved leave with pay. 13.4: For holiday purposes, a holiday is defined as the employee's normal shift. 13.5: If a full-time employee is scheduled to work on the day of a holiday they will have the option of requesting overtime pay for the hours worked at the time it is earned or request compensatory time in lieu of pay. The employee must notify their immediate supervisor in writing of their option no later than the last workday before the holiday. If the option is not presented to the supervisor on or before the last workday before the holiday, overtime pay compensation will be used. Eli,aibility: A. Temporary and seasonal employees are not eligible for holiday leave time. B. Regular part-time employees working less than forty- (40) hours per pay period are not eligible for holiday leave benefits. C. Regular part-time employees not scheduled to work are not eligible for holiday leave benefits. 13.6 Employees not scheduled to work the holiday will receive straight time pay for their normal shift. For example, if an employee is scheduled Tuesday thru Friday and the holiday falls on a Monday, the employee would receive eight (8), ten (10) or twelve (12) hours of straight pay for the holiday. The holiday pay would not be included as hours worked for the purpose of overtime calculation. ARTICLE 14 PROMOTIONS, TRANSFERS AND ADJUSTMENTS 14.1: Any employee who fulfills all applicable requirements for another classification with a higher rate of pay may be promoted to that position. Vacancies in positions above the lowest rank in any classification will be filled, as far as practicable, by the promotion of current employees. To this end, all promotional opportunities will be posted in-house for five (5) days. Such vacancies may also be advertised to the outside but in-house employees will be interviewed first. A final decision will be made only after any qualified current employee applicants have been interviewed. An employee whose performance ratings were less than satisfactory is ineligible for promotion. 14.2: a) When an employee is promoted to a higher Grade position, his/her new rate of pay shall at least be Step 1 applicable to that position. If the employee's current salary is higher than the Step 1 rate for the position to which promotion is made, the employee shall receive a two-step increase in pay from his/her current rate of pay. Subject to the approval of the City Manager, a greater promotional increase may be recommended by the Department Head. b) When an employee is adjusted to a lower paid position (voluntarily or through disciplinary action), he or she will take a 3% reduction in pay per grade to the closest step in the pay grade of the new job. In no case will the salary be higher than the maximum rate of the new job or shall any reduction result in more than a nine percent (9%) decrease in salary. 14.3: The effective date of an employee's demotion or promotion to a new job classification shall be the employee's new classification anniversary date for the purposes of classification seniority determination. The employee must serve a three (3) month probationary period in the new job classification. 911 21 Emergency Dispatch Technicians will serve a one (1) year probationary period. If at any time during the probationary period, the employee is found to be unqualified for the position or incompetent to perform the duties of the new position, a transferred or promoted employee shall be returned to their former position at their former rate of pay. If no vacancy exists, the employee shall be laid off in accordance with the provisions of Article 8. 14.4: An employee may be transferred between departments when a vacancy exists in the same classification and pay grade. Such a transfer does not affect employee's pay grade, pay rate, or anniversary date, but is subject to the following conditions: (a) The transfer must be approved by the City Manager. (b) The employee must serve a three (3) month probationary period in the new assigned department. 911 Emergency Dispatch Technicians will serve a one (1) year probation period. (c) If at any time during the probationary period, the employee is found to be unqualified for the position or incompetent to perform the duties of the new position, he or she shall be returned to the position from which the transfer took place at their former rate of pay, if there is a vacancy. If no vacancy exists, the bargaining unit member shall be laid off in accordance with the provisions of Article 8. (d) When there is a critical need for employee to work in a higher job classification, the employee will receive the greater of a 3% increase to their regular hourly rate of pay (or the minimum of the acting Grade) for each hour of work performed at the higher classification. A temporary assignment means filling-in for a vacancy or for an employee who is on vacation, ill, has incurred a job related injury, on FMLA, in training or absent from work for any other legitimate reason. Temporary assignments must be for three (3) consecutive days or more. The employee who is working in the temporary higher job classification will receive a 3% increase in pay (or minimum of the acting Grade) -for all time worked while in that temporary classification. Equipment Schedule: 1) Maintenance Worker I - Will operate all equipment except, excavator, dozer, and long arm mower. 2) Maintenance Worker II - Will operate all equipment except for excavator and dozer. 3) Maintenance Worker III - Will operate all equipment. (e) An employee may be assigned to a supervisor or exempt job classification for a temporary period. The affected employee working a period of (3) three consecutive workdays or more shall receive up to a six percent (6%) increase to their regular hourly rate of pay (or minimum of the acting Grade, whichever is greater). The employee will be entitled to receive the salary increase for all hours worked while in that temporary classification. (i) All Maintenance Workers are required to maintain a valid Commercial Driver License (CDL) and are responsible for paying the cost of the renewal of their own driver's license. A newly hired Maintenance Worker who does not have his CDL License has six (6) months to obtain the license. If the license is not obtained within this timeframe but he/she has documentation to prove he/she was not able to practice will have an additional 22 29 of 98 three months of probation to obtain the license. However, if he/she has had ample time to practice and fails to obtain his/her license, he/she shall lose his/her position. If a Maintenance Worker I hired prior to October 1, 2016 applies for any Maintenance Worker II position or above and does not have his CDL License, he or she has 6 months to obtain the license. If the license is not obtained, they will be returned to the Maintenance Worker I position and forfeit any increase. After submittal of the document, the City will reimburse the employee the difference between the base driver's license cost and the CDL License and any of the endorsements, which the City requires. Maintenance Workers without a CDL License shall not be eligible for promotion until they obtain their CDL License. 14.5: To promote self-improvement initiatives the City agrees to pay employees obtaining an accredited certification in their respective field an incentive pay. Once earned, the payment will be paid on a bi-weekly basis over 26 pay periods. It is the employee's responsibility to notify the City if the certification is current or expired. Certifications eligible for payment include, but are not limited to the following: ❑ ASE Automotive/Med./Heavy Truck certifications - $50 per certification, capped at $150 per year. Auto Technicians that obtain a Master's Technician designation will be eligible for $500 annually. ❑ Professional in Human Resources - $120 annually. ❑ Certification in Residential and Commercial Inspections - $50 per certification, capped at $600. ❑ Insecticide spray license (one per department/division) - $120 annually. ❑ Associates Degree from an accredited college - $600 annually, limited to one (1) per employee, once Bachelor's degree has been attained, the $600 is forfeited in lieu of the $1,200 annually. ❑ Bachelor's Degree from an accredited college - $1,200 annually, limited to one (1) per employee. Other certifications may be submitted for consideration for incentive money. Upon approval of the Department Head, Administrative Services Director, and the City Manager, a dollar value consistent with the above scale will be established. ARTICLE 15 GROUP INSURANCE 15.1: During the term of this Agreement, all employees who participate in the group insurance coverage will pay twenty-five dollars ($25.00) per month towards the premium for group insurance coverage. The City agrees to pay the remainder of the premium to provide individual group insurance coverage to eligible employees. 15.2: In the event that the premium rate for dependent group insurance coverage increases, the Employer agrees to notify the PEA as soon as is practicable. The PEA agrees that the Employer may, at its discretion, obtain substitute insurance coverage by another plan. 15.3: Any eligible employee who elects to participate in the group insurance dependent coverage option plan will pay no more than sixty percent (60%) of the cost of the premium. The insurance premium may change each fiscal year based on renewal rates. The employee shall pay any additional supplemental insurance that is optional coverage to the employee. 15.4 The City will pay no less than forty (40%) of the costs of single coverage group (health only) insurance for up to two (2) years for eligible employees who leave the City after being employed by the City for twenty (20)—years in a continuous full-time capacity. This means the retired employee who has 20 years of continuous service will pay no more than sixty percent (60%) of 23 30 of 98 the insurance premium for single coverage. The insurance premium may change each fiscal year based on renewal rates. ARTICLE 16 RETIREMENT CONTRIBUTION 16.1: Effective April 29, 2001, the Employer agrees to contribute to the CWA/ITU Negotiated Pension Plan (hereinafter sometimes referred to as the Plan) nine (9%) of an employee's earnings for each employee covered by this Agreement, for purposes of providing pensions on retirement, death benefits, and other related benefits for covered employees of the Employer and other contributing Employers. The Plan is jointly administered by Trustees appointed in equal numbers by the Union and Employers under an Agreement and Declaration of Trust, and has been found by the Internal Revenue Service to be entitled to exemption under the Internal Revenue Code. 16.2: Contributions shall be paid to the CWA/ITU Negotiated Pension Plan, P.O. Box 2380, Colorado Springs, Colorado 80901, no later than the 15'" of the following month, together with reports on forms to be furnished by the Plan or the employer's printout, if in an acceptable format. During the effective period of this Agreement, this benefit will be paid monthly over a twelve (12) month period, which will continue for the life of the Plan. 16.3: Title to all monies paid into the Plan shall be held exclusively by the Trustees in trust for use in providing the Benefits under the Plan and paying its expenses. 16.4: The Employer recognizes that in addition to the Union's right to enforce this section, the Union shall have the right in its discretion to take any legal action necessary to collect any contributions or monies due and owing to the Plan and to secure delinquent reports. The Employer further agrees that the Union shall have the right to collect reasonable attorneys' fees and expenses incurred in connection therewith. The Employer shall supply to the shop steward (chapel chairman) the union representative's copy of the Negotiated Pension Plan employer report forms or a copy of the Employer's printout forms on a quarterly basis. Eli6bility: A. Only regular full-time employees are eligible for inclusion in the CWA/ITU Negotiated Pension Plan. B. New regular full-time employees are eligible for entry into this Plan as of the first day of the next full pay period following sixty- (60) days from their date of hire. ARTICLE 17 PERFORMANCE EVALUATIONS 17.1: Purpose: The purpose of the performance evaluation program is to provide a consistent practice of establishing written goals and evaluating the performance of the employee. It is needed to help measure, improve, and reward employee performance, to assist departments and the Employer to meet their goals. 17.2: Definitions: A. Annual Performance Evaluation. The employee's performance is evaluated by the supervisor no later than the first day of the month of his/her classification anniversary date each year. The period of evaluation is the period of time since the employee's last performance evaluation. B. Snecial Performance Evaluation. Special performance evaluations are performed by the supervisor any time during the year for special reasons; i.e. change in pay, promotion, 24 31 of 98 transfer, reassignment, etc. 17.3: Policy: Supervisors are to administer an employee's performance evaluation annually and special performance evaluations more often, as appropriate. The performance evaluation consists of evaluating previously agreed upon goals and objectives. The performance evaluation is to be used as a management tool to assist, motivate, and strengthen the employee. Supervisors will also use the performance evaluation to help determine compensation, employee development and promotion. Where there is a difference of opinion concerning a performance evaluation between the supervisor and the employee, the employee will have the opportunity to express their differences in writing to the supervisor and the supervisor's evaluator. If the issue has not been resolved at this level, the employee may activate the employee grievance procedure within the timeframes established in Article 12. Employees rated unsatisfactory are not eligible for step increases or promotions. Employees who receive an unsatisfactory rating for two (2) consecutive annual or special performance evaluations may be terminated from employment for cause. 17.4: Statement of Philosonhv: Both the City of Sebastian and the PEA believe that the purpose of the performance evaluation system includes the following: a) to clarify both management's goals for the position and the employee's goals; b) to monitor the employee's achievements and to review areas of needed improvement; to make recommendations for improvement and establish time frames to achieve the recommended improvements. C) to facilitate communication between supervisors and employees about the employee's job duties and establish a framework for open, constructive feedback; d) to encourage and develop time line plans for employee development, growth and improvement. 17.5: Emvlovee Evaluations: Performance evaluations for each employee shall be submitted once each year using a City of Sebastian performance evaluation form. Employees shall be evaluated by their appropriate administrator/supervisor. Employees shall be given a minimum of three (3) workdays notice prior to the evaluation meeting. At the time of such performance evaluation, the employee's specific job duties, job description, and performance shall be reviewed by both the employee and the supervisor to discuss patterns of performance for the past year and expectations or recommended plans for improvement for the upcoming year. Each employee has the right to add written comments regarding the performance evaluation on the performance evaluation form, at the time of any review, and subsequently if any changes are made. The employee's signature on the performance evaluation form signifies that the performance evaluation has been reviewed with the employee, but does not signify that the employee agrees with the evaluation. Each employee shall have the right to see any changes, deletions, or additions to the performance evaluation made by the immediate supervisor, a higher supervisor, department head, or administrator. Such changes shall be discussed with the employee. The employee shall be provided with a copy of the completed performance evaluation once it has been signed by all parties in the chain of command. The performance evaluation shall be placed in the employee's official personnel file. Any performance evaluations, which are not in the official file, shall not be part of the official record of the employee in considering discipline or future performance evaluations. Employees have the right to review their official personnel file upon and with proper notification. Under no circumstances shall supervisors use the performance evaluation as a 25 32 of 98 substitute for disciplinary action. 17.6: Probationary Period: Each new employee shall serve a probationary period of six (6) months, which is an extension of the selection procedure. The probationary period is to give the employee an opportunity to demonstrate his or her ability to perform the duties of the position. The City may extend the probationary period for up to six (6) months beyond the classification date in order to allow the employee the opportunity to correct deficiencies in his or her performance. Any absences without pay and absences covered by Worker's Compensation shall automatically extend the probationary period in accordance with Article 8. 911 Emergency Dispatch Technicians will serve a one (1) year probation period. ARTICLE 18 SAFETY 18.1: The City and the PEA agree to continue meeting with the established Joint Safety Committee to ensure continuing, on-the-job safety in the performance of public services. The Committee shall be chaired by the City Manager, or his designee, and up to three (3) members will be selected by the City Manager and up to three (3) members selected by the PEA. 18.2: The Safety Committee shall meet regularly, as it may determine, to consider methods of maintaining and improving job related safety. The Committee shall make recommendations by a majority vote for safety maintenance and improvement, which shall be given due consideration by the Employer. Written response must be made by the City Manager to the committee within twenty calendar (20) days of receipt of any written requests made by the Safety Committee. Such requests will be approved by the majority vote of the Safety Committee prior to being submitted to the City Manager. 18.3: The Employer and the PEA recognize the mutual responsibilities of management and employees to promote a safe work place and agree to cooperate in maintaining City equipment and facilities in safe conditions. 18.4: The Employer agrees to make copies of the City Safety Manual available to all employees to review. 18.5: Any employee who as a result of an act or by way of their own negligence and/or in violation of established safety standards and policy of the City causes damage to, or destruction of, property of the City without substantial justification or excuse shall be subject to progressive discipline action, up to and including termination. Additionally, the employee may be liable for up to the full cost of replacement or repair of the damaged or destroyed property. The provision of Article 19, Section 19.1 will apply. 18.6: Safetv Glasses: a. With the prior approval of the employee's Department Head, the City shall pay for one (1) pair safety glasses. Where prescription safety glasses are needed, the employee, in conjunction with the City's Vision Care Plan, shall receive an eye examination not more than once every twelve (12) months. The employee shall pay the deductible to the doctor for the eye examination. The City shall pay for the cost of the first pair of safety frames and safety lenses for those employees required to wear prescription safety glasses not to exceed one hundred ($100) dollars. b. The City will also pay for the replacement of safety lenses due to on the job breakage or prescription changes, as needed. An incident report must accompany this request, which 26 33 of 98 details how the breakage occurred. The report must be signed by the employee's immediate supervisor before being submitted. If the breakage was a result of the employee's negligence, the employee will pay the full cost of the replacement. Additionally, the employee may be liable for up to the full cost of replacement or repair of the damaged or destroyed property. The provision of Article 19, Section 19.1 will apply. 18.7: Workers' Comoensation: Any regular full-time employee who sustains a temporary disability as a result of and arising out of employment by the City as provided by the Worker's Compensation Law of the State of Florida, shall, in addition to the benefits payable under the Worker's Compensation Law be entitled to the following: A. During the first eighty (80) work days of such disability, the employee shall receive net supplemental injury pay based upon his/her net take home pay reduced by the Worker's Compensation indemnity payment. B. Thereafter, the employee may utilize any accrued sick or vacation leave in order to receive supplemental injury pay based upon his/her normal net take home pay reduced by the Worker's Compensation indemnity payment until such annual or sick leave is exhausted. C. Upon exhaustion of all paid leave, the City may, at its discretion, grant an unpaid leave of absence to the employee for a period not to exceed one year. D. If any employee, due to an on-the-job injury, is temporarily or partially disabled from performing the duties of his/her classification, but is determined to be able to perform light duty by a physician designated by the City, the employee may be required to perform such duty or lose the supplemental injury pay. Assignment to light duty shall be considered a temporary assignment, without reduction in pay. Such a reassignment shall be to other duties commensurate with medical and mental fitness, subject to availability of suitable work, and the employee's qualifications for the position. However, an employee shall not be permitted to continue in a light duty position after reaching his/her maximum medical improvement or for a period that exceeds one year. E. Any employee who suffers an employment connected injury may be required by the City to be examined every twenty (20) working days by a medical doctor, specified and provided by the City, who shall determine the employee's condition and fitness for full or partial return to duty. F. No employee will be entitled to the supplemental injury pay described herein if the injury suffered has been determined to have been the result of intentional self -infliction or where the disability or illness continues as a result of the employee's failure to cooperate with medical advice or corrective therapy. G. While receiving employment connected disability benefits, an employee shall be entitled to all benefits, which he/she would normally, receive pursuant to his/her employment with the City except additional accruals of sick and vacation leave. H. Any covered employee receiving proceeds from a disability insurance policy and Worker's Compensation indemnity payments shall not be allowed to use paid leave, such that they receive a total amount of more than his/her normal take home pay. 18.8: Work Boots/Shoes: (a) The City will provide those employees required to wear safety boots/shoes as a part of their job function one hundred and twenty dollars ($120) per fiscal year, payable to the employee the first full pay period in October of each year. Any employee receiving this benefit will be required to wear the safety boots/shoes at all times while performing their City job functions. If an employee begins employment after the first full pay in October, the boot allowance will 27 34 of 98 be prorated by $10.00 per month. Safety boots/shoes must meet the requirements as established by the department. (b) The City will also pay for the replacement of safety boots/shoes due to on the job damage caused as a result of an accident. An incident report must accompany this request, which details how the damage occurred. The report must be signed by the employee's immediate supervisor before being submitted. If the damage was a result of the employee's negligence, the employee will pay the full cost of the replacement and may be subject to disciplinary actions as stated in section 18.5 of this Article. (c) If the employee provides medical documentation signed by an attending physician stating that they cannot wear the safety boots/shoes due to a medical condition they will not be required to wear the safety boots/shoes. The employee will also be exempt from the benefit provision as stated in section 18.8 (a) of this Article and will not receive the $120 annual disbursement for safety boots/shoes. 18.9: If the employee does not complete the six (6) month probationary period for any reason, the amount reimbursed for the work boots/shoes shall be deducted from the employee's last pay check which will reflect the actual expense incurred by the city for the purchase of the work boots/shoes. ARTICLE 19 DISCIPLINARY ACTION 19.1 In the event an employee is discharged, suspended without pay, or demoted for disciplinary reasons, the City agrees that he shall be provided with written notification of the action. This notification shall be hand delivered to the employee or sent by certified mail, return receipt requested, to the address in the City Administrative Services Department records. 19.2 Except in extraordinary circumstances, before the employee is discharged or suspended without pay for disciplinary reasons, the notification described in Section 19.1 will be provided to the employee in advance of the action so as to give the affected employee an opportunity to present his position. 19.3 No employee shall be disciplined except for just cause. 19.4 No discipline, except termination, shall become effective until such time that the employee has exhausted the appeal process or until such time for an appeal has expired, as described in Article 12.4. ARTICLE 20 SALARY 20.1 For the first year of this Agreement (October 1, 2016 through September 30, 2017) bargaining unit members shall receive a wage increase of three percent (3%). 20.2 The parties shall open this section in the second year of this Agreement (October 1, 2017 through September 30, 2018) in order to collectively negotiate a potential change in salary. Any change in salary must be duly ratified by both parties. 20.3 The parties shall open this section in the third year of this Agreement (October 1, 2018 through September 30, 2019) in order to collectively negotiate a potential change in salary. Any change in salary must be duly ratified by both parties. 28 35 of 98 ARTICLE 21 SUBSTANCE ABUSE TESTING 21.1 The City and the PEA agree to abide by a Drug Free Workplace as provided for in Florida Statues. 21.2 An employee subject to drug testing for reasonable suspicion shall be placed on administrative leave with pay pending the laboratory results of the test. 21.3 Employees agree to participate in a random drug screening. ARTICLE 22 UNIFORMS 22.1: The City shall provide and maintain uniforms to all employees who are required to wear them. 22.2: All issued uniforms and equipment must be returned to the City. Failure to return issued uniforms and equipment will result in the employee paying for the actual cost incurred by the city for the purchase of said uniforms. 22.3: Any employee assigned a uniform will be required to wear the uniform at all times while performing his or her job functions. The City uniform shall not be worn at any other time or for any other reason. 22.4 Employees in the position of Code Enforcement Officer(s) and Evidence Technician(s) will receive $45.00 per month for uniform cleaning. 22.5 The Employer may also provide standardized polo shirts or other selected articles of clothing to certain employees, as a means to easily recognize they work for the City or for other purposes the Employer deems beneficial. As such articles are the responsibility of the employee to maintain and are not required to be returned to the City. Since they can also be worn off the job, they are a taxable benefit in accordance with IRS Rules. ARTICLE 23 EDUCATION REIMBURSEMENT Reimbursement of education expenses by the City of Sebastian for approved educational or training programs will be in conformance with the following: 23.1: Eligibility for Participation in Tuition Payment Plan — All regular full-time employees are eligible for participation in the City's Tuition Payment Plan up to the limit of the funds available for education. This program is available only to employees who have successfully completed their one-year probationary period. 23.2: Tuition Payment Plan — The City of Sebastian will, upon approval of the City Manager and the Administrative Services Director, pay tuition of regular full-time employees for any eligible training or educational program/course. An eligible training or educational program/course is one that, in the judgment of the Administrative Services Director and the City Manager is directly related to the employee's current position or to a related higher position, and which will improve performance in a current position or which constitutes preparation for promotion to 29 36 of 98 related higher responsibilities. Post graduate (ex. Master's, Doctorate, etc.) programs are not included within the tuition payment plan. 23.3: Application Procedure — An employee desiring to participate in the City's Tuition Payment Plan shall submit an application fifteen (15) working days in advance to their Department Head requesting approval for Plan participation. If the Department Head recommends the education program, it will be forwarded to the Administrative Services Director and City Manager for final approval. 23.4: Course Completion — If the employee achieves a grade of "C" or better in a course which is graded -- or if the employee receives a "pass" in a course which is graded on a pass/fail basis — he/she will submit an official copy of his/her grades along with proof of his/her payment for tuition, required books, or lab fees to the Administrative Services Director. Reimbursement for tuition shall be made in accordance with City policy for reimbursements. The employee's personnel record will be documented with his/her education achievement. Textbooks shall become City property at the completion of the course and turned over to the Administrative Services Director or his/her designee. 23.5: Transportation — Transportation under the Tuition Payment Plan shall be at the employee's expense. 23.6: The reimbursement shall be available for a maximum total of twenty -for (24) semester hours or thirty-two (32) quarter hours in any one (1) fiscal year period for eligible employees pending budget authorization and availability of funds. The maximum tuition rate to be reimbursed for participating in the City's Tuition Payment Plan for college -level courses is that established annually by the State Legislature for state supported schools. Should an employee select to attend a non -State school, he/she is responsible for the difference in tuition. Any employee receiving a scholarship or grant for education will not be eligible for education reimbursement. 23.7: Service Requirement —Employees who are reimbursed for such courses, agree to remain employed by the City of Sebastian for at least two (2) years after completion of the course(s). Should an employee leave the City service within two years after completion of the course(s), he/she must return any payments to the City or it will be deducted from his/her final paycheck. 23.8: City Mandated Education Courses — If the City requires an employee to attend an educational course, seminar or conference, the City shall pay tuition, transportation, and meals and lodging in accordance with the City's Travel Policy. ARTICLE 24 CLASSIFICATION AND COMPENSATION PLAN LONGEVITY AWARD 24.1 A Classification and Compensation Plan shall be used to administer the established pay rates of employees, attached as Appendix C. This shall be updated and corrected as needed by the Assistant Administrative Services Director — HR Manager to reflect the approved pay classifications and scale within pay classifications for all positions. Employees shall be paid in accordance with the Classification and Compensation Plan. The City Manager is responsible for the proper and continuous maintenance of the classification and compensation plan so that it will reflect on a current basis the duties being performed by each City employee. The Assistant Administrative Services Director -Human Resources Manager shall recommend to the City Manager and the Administrative Services Director any necessary amendments to the plan in the form of new classes and the abolishment of classes no longer required in the plan. Any changes made to the plan will require a study of the new or outgoing position. The Classification and 30 37 of 98 Compensation Plan will be reviewed annually and based on local, regional or in some cases national information, appropriate changes in the allocations to the Classiciation and Compensation Plan will be made. Assistant Administrative Services Director -Human Resources Manager will notify the PEA of any change to a job description(s). 24.2 If an employee changes job classifications, his or her job classification anniversary date will change, effective the date of the promotion or demotion. 24.3: Longevity Pav: Longevity pay will be awarded according to the following: A. Employees, after having completed ten (10) years of continuous service with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay effective the date of their ten-year anniversary date. B. Employees, after having completed fifteen (15) years of continuous service with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay effective the date of their fifteen -year anniversary date. C. Employees, after having completed twenty (20) years of continuous service with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay effective the date of their twenty-year anniversary date. D. Employees, after having completed twenty-five (25) years of continuous service with the City, will receive an increase in their base pay of seven and one-half (7.5%) percent. The seven and one-half percent increase will be added to their base pay effective the date of their twenty -five-year anniversary date. E. Said adjustment(s) will be based on the employee's original date of hire regardless of the salary pay step the bargaining unit member is in at the time he or she attains the required number of years. F. Employees in a part-time or temporary status at the time of their relevant anniversary date will not be eligible for longevity increases. G. Employees in a probationary or suspension status for more than 6 months due to a demotion or transfer for disciplinary reasons shall not begin receiving longevity pay increases until they are no longer on probation or suspension. Any pay increase will not be retroactive. ARTICLE 25 SEVERABILITY 25.1: If any Article of this Agreement (or any Section thereof) should be found invalid, unlawful, or not enforceable by judicial authority or by reason of any existing or subsequently enacted legislation, all other Articles and Sections of this Agreement shall remain in full force and effect for the duration of this Agreement. 25.2: In the event of the invalidation of any Article or Section of this Agreement, the City and the PEA agree to meet within thirty- (30) working days to discuss replacement of such Article or Section. ARTICLE 26 COUNSELING 26.1 The City will make available to the employees the services of a psychologist or qualified counselor approved by the City for the purpose of helping the employee deal with an "aftermath" of an incident that may be emotionally disturbing. This service will be paid for by the City. 31 ARTICLE 27 TERM OF AGREEMENT This Agreement shall become effective upon the date of ratification by the parties and shall remain in full force and effect until 12:00 midnight on September 30, 2019. In witness whereof, the parties hereto have entered into this Agreement on this day of , 2016. COASTAL FLORIDA PEA CITY OF SEBASTIAN, FLORIDA Kimberly Kilpatrick Joe Griffin President, CFPEA City Manager Al Boettjer, Chief Negotiator Dan Hainey Kenneth W. Killgore CFPEA Representative Administrative Services Director Cynthia Watson, MPAIR, PHR Human Resources Manager ATTEST: APPROVED AS TO FORM: Jeanette Williams Robert Ginsburg City Clerk City Attorney 32 041 on •: APPENDIX A GRIEVANCE FORM (Type or Print Clearly in Ink) NAME OF GRIEVANT: DATE GRIEVANCE OCCURRED: A. Give Article(s) and Sections(s) of Contract which Grievant claims were violated: B. State concisely facts relied on by Grievant: C. State relief requested by Grievant: Signature of Grievant Signature of Union Representative for Grievant Date Submitted 33 8610 �V �F— lagwnN 1141.moaS le!30S ",euSIS) auref i a}le(3 hid amid) acueni ;uau pedaa •uoye)--KWV atil pue raAojdura Aur o; uogtDi}gou uaAum -Aep (0s) AvrLp uodn atuq tiue aigeoonac ag Begs uogoaZpue uogezpoq}ne `}uauru5tssz situ iofaiag; A}riigeq flue ur°q srao�o s}1 He pue raAoidtua Atu aseaiat pule `vogezuogine siq} g}cm aouep -a000e ui pauiu's,= pue papripap saivour pies °} suueP PUe!;jq6P iie anrem Agalaq I 'vopeMossd Pres o} acues au} V=1 o} PLM Aaeies Aur aro-q s}unoure vans piotppim pule pnpap of no6 parip pus azpogme I 'vO1 br pm W sang dri vagwaui Aur se }( o} app aurooaq pue uogmoossy atp Aq pagsriggsa ialparaq jo mou aie se s}tmoure cions ut sanp orpouad liui 'aafioldura moA se atu Aq pausea aq o} io pau cea sa5em Aue u1014 `uogecoossy saa6oidur3 oijgnd ep}roid Ie}sleoD ag} o} u5isse Agasay i ,r.Dna9a of xoil,VzrHoHrnV MOLLVIDOSSV s93AOzaW3 Orrsna Varxo-U WiSV03 m 0 m E V C �® z 0 C 5 p •V o �W N CL 0 a CD • E Z L Q ..pi a _m LL-a� .�. � E a ALA,, b>"=) W W N 0G EA E w WZ E m w U- m 0 m P O m O p 'z m m Q Z t c E w `n E m w � ° o O g m o m i Q� 0 Q m � c > a o mm E 0 I W "- o Z o ❑ _ , 05 E n s 17-110 Q N 2 m a w V V vi Q cn A *4� COASTAL FLORIDA PBA/PEA 111031ORTANT NOTICE: Please name your beneficiary! BENEFICIARY FORM �� if a beneficiary is not named, benefits will be paid to your estate. Name Date of Birth Social Security Number Address Street city State Zip Primary Beneficiary (to receive proceeds it living at my death) INCLUDE COMPLETE MAILING ADDRESS Relationship to me Secondary Beneficiary (to receive proceeds if Primary Beneficiary is not frvmg ai 'ny death) + COMPLETE ADDRESS Relationship to me Signature Date Please fill out completely, includina complete mailino address for your beneficiary(ies). IS) xiar.31aV O m m m Q c E w `n E g w o O i 0 A *4� COASTAL FLORIDA PBA/PEA 111031ORTANT NOTICE: Please name your beneficiary! BENEFICIARY FORM �� if a beneficiary is not named, benefits will be paid to your estate. Name Date of Birth Social Security Number Address Street city State Zip Primary Beneficiary (to receive proceeds it living at my death) INCLUDE COMPLETE MAILING ADDRESS Relationship to me Secondary Beneficiary (to receive proceeds if Primary Beneficiary is not frvmg ai 'ny death) + COMPLETE ADDRESS Relationship to me Signature Date Please fill out completely, includina complete mailino address for your beneficiary(ies). IS) xiar.31aV CITY OF SEBASTIAN POSITION CLASSIFICATIONS AND PAY SCALE - PEA 2016-2027 CLASSIFICATION POSITION 1 Cashier, Golf Course, Temporary 2 Golf Course Attendant, Temporary 3 Gymnastic Assistant, Temporary 4 Skateboard Attendant, Temporary 5 Audio Visual Technician,Temoorary 6 Crossing Guard, Temporary 7 Vacant 8 Vaunt 9 Golf Course Attendant, Regulary Part-time 10 Vacant 11 Receptlonist 12 Vacant 13 Vaunt 14 Vacant 15 Cashier 16 Vacant 17 Assistant Golf Professional, Regular Part-time 18 Vaunt 19 Vaunt 20 Vaunt 21 Clerical Assistant 22 Accounting Clerk I $29,853.47 Alrport Operations Specialist $22,281.93 Maintenance Worker 1 23 Clerical Assistant it 24 Maintenance Worker II $23,621.79 Mechanic 25 Vaunt 26 Accounting Clerk 11 $25,060.35 Business Tax Spec)alist $45,108.64 Communt Development Coordinator $35,646.60 Head Cashter $26,586.53 Maintenance Worker III $47,855.75 Permit Technician $37,817.48 Traffic Technician 27 Records Clerk 28 911 Emergency Dispatcher $40,120.S6 Accounting Clerk III $23.0076 Administrative Assistant $18.1815 Foreman $13.5604 Lead Mechanic $24.4087 Records Specialist II (PD) MINIMUM MIDPOINT MAXIMUM S8.05 50.00 SOLO $8.05 $0.00 $0.00 $8.05 $0.00 $0.00 $8.05 $0.00 $0.00 $10.00 $0.00 $0.00 $12.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $16,740.41 $24,273.60 $30,139.20 $18,064.89 $25,001.81 $32,516.80 $18,605.84 $25,751.86 $33.,492.31 $19,165.04 $26524.42 $34,497.08 $19,739.99 $27,320.15 $35,531.99 $20,332.19 $28,139.76 $36,597.95 $20,987.65 $28,983.95 $37,777.77 $21,617.28 $29,853.47 $38.,911.11 $22,281.93 $30,749.07 $40,107.48 $22,933.77 $31,671.S4 541,280.79 $23,621.79 $32,621.69 $42,519.22 $24,330.44 $33,600.34 $43,794.79 $25,060.35 $34,608.35 $45,108.64 $25,812.17 $35,646.60 $46,461.90 $26,586.53 $37,817.48 $47,855.75 $27,384.13 $37,817.48 $49,291.43 $28,205.65 $38,952.00 550,770.17 $29,051.82 $40,120.S6 $52,293.27 $29,923.37 $41,324.18 $53,862.07 $30,821.07 $42,563.90 $55,,477.93 Can $31,745.71 HOME OF 'EUCAN ISLAND $57.142.27 HOURLY HOURLY HOURLY MINIMUM MIDPOINT MAXIMUM $ $ $ $21.7096 $ $ $ $33,679.02 $46510.73 $60.,622.24 $16.1918 $22.3609 $29.1453 32 Vaunt $ $ $ 562.440.90 $ $ $ $30.0197 $8.0500 $11.6700 $14.4900 $8.61150 $12.0201 $15.6331 $8.9456 $12.3607 $16.1021 $9.2140 $12.7521 $16.5851 $9.4904 $13.1347 $17.0827 $9.7751 $135287 $17.5952 $10.0902 $13.9346 $18.1624 $10.3929 $14.3526 $18.7073 $10.7125 $14.7832 $19.2824 $11.0259 $15.2267 $19.8465 $11.3566 $15.6835 $20.4419 $11.6973 $16.1540 $21.0552 $12.0482 $16.6386 $21.6868 $12.4097 517.1378 $22.3375 $12.7820 $17.6519 $23.0076 $13.1654 $18.1815 $23.6978 $13.5604 $18.7269 $24.4087 513.9672 $19.2887 $25.1410 $14.3862 $19.8674 $25.8952 $14.8178 $20.4634 $26.6721 29 Vacant $31,745.71 $43,840.82 $57.142.27 $15.2624 $21.0773 $27.4722 30 Code Enforcement Officer $32,698.08 $45,156.05 $58,856.54 $15,7202 $21.7096 $28.2964 31 Crime Scene Evidence Technician $33,679.02 $46510.73 $60.,622.24 $16.1918 $22.3609 $29.1453 32 Vaunt $34,689.39 $47,906.05 562.440.90 $16.6776 $23.0318 $30.0197 3-<" 42 of 98 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 49 49 50 Administrative Supervisor )Oty) Building Inspector I Cemetary Supervisor Conitru;tlon Inspector Englneering TeckniclarVEmAronmental Specialist ParksSuperintendant Planner Roads & Drainage Supervisor Stormwater Supervisor Building Inspector II Vacant Vacant 911 Emergency Dispatch Supervisor Accountant Administrative Supervisor (PD1 Vacant Vacant Vacant Vacant Chief Building Inspector Plans Examiner Vacant Vacant Vacant Vacant Vacant Vacant Vacant $35,730.07 $49,343.23 $64,314.13 $36,828.64 $50,823.53 $66,291.56 $37,933.50 $52,348.23 $68,280.30 $39,071.51 $53,918.68 $70,328.71 $40,243.65 $55536.24 $72,438.58 $41,450.96 $57,202.33 $74,611.73 $42,694.49 $58,918.40 $76,850.08 $43,975.33 $60,685.95 $79,155.59 $45,294.59 $62,506.53 $81,530.25 $47,028.29 $64,381.72 584,650.92 $48,439.14 $66,313.18 $87,19D.44 $49,892.31 $68,30257 $89,806.16 $51,389.08 $70,351.65 $92,500.34 $52,930.75 $72,462.20 $95,275.35 $54,518.67 $74,636.06 $98,133.61 $56,154.23 $76,875.15 $101,077.62 $57,838.86 $79,181.40 $104,109.95 559,574.03 581.556.84 $107,233.25 3( $17.1779 $23.7227 $30.9203 $17.7061 $24.4344 $31.8709 $18.2373 $25.1674 $32.8271 $18.7844 $25.9224 $33.8119 $19.3479 $26.7001 $34.8262 $19.9283 $27.5011 $35.8710 $20.5261 $28.3262 $36.9472 $21.1420 $29.1759 $38.0556 $21.7762 $30.0512 $39.1972 $22.6098 $30.9528 $40.6976 $2.3.2880 $31.8813 $41.9185 $23.9867 $32.8378 $43.1760 $24.7063 $33.8229 $44.4713 $25.4475 $34.8376 $45.8055 $26.2109 $35.8827 $47.1796 $26.9972 $36.9592 $48.5950 $27.8071 $38.0680 $50.0529 $28.6414 $39.2100 551.5544 43 of 98 CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE AGENDA ITEM TITLE: RECOMMENDATION 19 September 2016 Resolution R-16-26 Approve Resolution R-16-26 BACKGROUND: City Staff and representatives of the Coastal Florida Police Benevolent Association bargaining unit (CFPBA) have negotiated a three (3) year Collective Bargaining Agreement for employees covered by the Coastal Florida Police Benevolent Association. The previous three-year Agreement is due to expire on September 30, 2016. Each paragraph of this Agreement was thoroughly discussed and City Staff and CFPBA representatives endeavored to make every provision as clear as possible. Highlights of changes include: Provided that extra 3% pay for Investigators is stopped when they no longer do that job; Provided that vacation and sick leave is not accrued when on unpaid leave; Changed Birthday off to eight hours paid in December if no sick leave is used; Restored sick leave and vacation payout to 50% after six years of service; Shortened time period required to resolve grievances; Provided that for FY2016, employee's cost of family plan insurance will be 40% of the total premium and not exceed 60% in following years; Provided that light-duty will not exceed one year; Provided that benefits continue when on disability leave except for vacation and sick leave and that paid leave, workers compensation and disability will not exceed their previous take home pay; Added provision that longevity pay increases are suspended if disciplinary action is longer than six months; Deleted provision for floating holiday and added eight hours of personal leave; Added provision to prorate personal leave for new employees and that it must be used by last pay period of the fiscal year; Added that accrued leave must be used before being granted a leave of absence. Shortened period for recall of laid off employees to one year and deadlines for reporting back; Stipulated that employee must not have been suspended within 2 years to be eligible for promotion; Agreed to support using all available State premium tax revenues to have employees earn a 3% per year factor for retirement purposes after October 1, 2016 with all contributing 8% of pay, adopting a DROP program, buy-back of military and time served with other employers and COLA increases, in return for signing a Mutual Consent Agreement; Provided 3% pay increases for FY2016 with reopeners the next two years; Replaced "step pay plan" with minimum -midpoint -maximum rates depending on job market, experience, additional duties, etc. Sixteen (16) eligible employees voted on 9 September 2016, with all of them voting to accept this Agreement. Staff believes that the City will be well served to ratify this Agreement, with the expectation that the terms will be well defined for these workers and with the consideration that no additional funds will be necessary beyond those already provided in the recommended budget for FY2016 or State premium tax revenues made available for increasing retirement benefits. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: N/A Amount Budgeted in Current FY: Provided for in Recommended 2016 Annual Budget Amount of Appropriation Required: None Fund to Be Utilized for Appropriation: General Fund and State Premium Tax Funds 11 Administrative Services Department Review: -� 4 l� -1 ATTACHMENTS: N/A City Manager Authorization: Date: 13 September 2016 D 45 of 98 RESOLUTION NO. R-16-26 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING AN AGREEMENT FOR ALL FULL-TIME PERMANENT POLICE OFFICERS AND POLICE SERGEANTS BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019; APPROVING A MUTUAL CONSENT AGREEMENT TO DEVIATE FROM FLORIDA STATUTE 185.35(1), AS PROVIDED IN 185.35(1)(G) TO USE ALL AVAILABLE PREMIUM TAX REVENUES TOWARD THE FUTURE COST OF CERTAIN BENEFIT IMPROVEMENTS; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S RATIFICATION AND CAUSE SAID AGREEMENT TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Coastal Florida Police Benevolent Association (CFPBA) is certified with the Florida Public Employees Relations Commission as the Bargaining Unit for certain employees of the City of Sebastian; and WHEREAS, the City of Sebastian has negotiated a Collective Bargaining Agreement with the CFPBA for the period October 1, 2016 through September 30, 2019; WHEREAS, both the City of Sebastian and CFPBA have agreed to approve a Mutual Consent Agreement to use all available premium tax revenues established under Florida Statute Chapter 185.08 toward the future cost of certain improvements to benefits offered by the Police Officers' Pension Plan; and; WHEREAS, sixteen (16) of the employees covered by said Collective Bargaining Agreement have voted, with all sixteen (16) of those employees voting to accept same; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The negotiated Collective Bargaining Agreement is hereby ratified. Section 2. The City Manager is authorized to notify all parties of this ratification and to cause said Collective Bargaining Agreement to be put into effect. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This resolution shall take effect October 1, 2016. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Jerome Adams Councilmember Andrea B. Coy Councilmember Richard Gillmor Councilmember Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted on this 19`h day of September 2016. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor Approved as to form and legality for the reliance by the City of Sebastian only: Robert Ginsburg, City Attorney 47 of 98 COLLECTIVE BARGAINING AGREEMENT Between THE CITY OF SEBASTIAN, FLORIDA and COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. Contract Term From: October 1, 2016 to September 30, 2019 • ;� TABLE OF CONTENTS Page No. AGREEMENT................................................................................................................................................... 2 PREAMBLE...................................................................................................................................................... 2 Article1 Recognition..............................................................................................................................3 Article 2 Organizational Survey............................................................................................................. 3 Article3 No Strike or Lockout............................................................................................................... 4 Article 4 Non-Discrimination................................................................................................................. 4 Article 5 Dues Deductions...................................................................................................................... 5 Article 6 Equal Employment Opportunity/Affirmative Action............................................................... 6 Article 7 Labor Management Communications...................................................................................... 6 Article8 P.B.A. Representation.............................................................................................................. 7 Article9 Bulletin Board.......................................................................................................................... 7 Article10 Personnel Records.................................................................................................................... 8 Article 11 Rights of Law Enforcement Officers While Under Investigation ............................................ 9 Article12 Legal Benefit............................................................................................................................12 Article 13 Management Rights.................................................................................................................13 Article 14 Discipline and Discharge.........................................................................................................13 Article15 Rates of Pay.............................................................................................................................14 Article 16 Temporary Assignment............................................................................................................15 Article17 Assignment Pay.......................................................................................................................15 Article 18 Injury Pay and Light Duty Assignments..................................................................................16 Article19 Call -Back Pay..........................................................................................................................17 Article20 On -Call Pay..............................................................................................................................17 Article21 Court Appearances...................................................................................................................17 Article 22 Bereavement Leave..................................................................................................................18 Article23 Military Leave..........................................................................................................................18 Article24 Jury Duty..................................................................................................................................18 Article 25 Voting Time/Political Activity.................................................................................................18 Article26 Longevity Pay..........................................................................................................................19 Article 27 Basic Workweek and Overtime...............................................................................................19 Article28 Holidays...................................................................................................................................20 Article29 Seniority ...................................................................................................................................20 Article30 Layoff and Recall.....................................................................................................................21 Article 31 Promotional Examinations.......................................................................................................21 Article 32 Probationary Personnel............................................................................................................ 23 Article33 Vacation Leave........................................................................................................................ 23 Article34 Sick Leave................................................................................................................................25 Article35 Personal Leave.........................................................................................................................26 Article36 Leave of Absence................................................................................... ............................ 27 Article 37 Grievance Procedure................................................................................................................28 Article38 Arbitration................................................................................................................................30 Article 39 Performance Rating Review........................................................................ ............................ 31 Article 40 Group Health Insurance........................................................................................................... 31 Article 41 Clothing Maintenance, Equipment and Vehicles.....................................................................32 Article 42 Education Reimbursement.......................................................................................................32 Article43 Health and Safety.....................................................................................................................33 Article44 Training....................................................................................................................................34 Article45 Off -Duty Employment............................................................................................................ 34 Article 46 Substance Abuse Testing......................................................................................................... 34 Article47 Savings Clause.........................................................................................................................34 Article48 Retirement................................................................................................................................35 Article 49 Duration of Agreement, Dates................................................................................................. 37 SIGNATUREPAGE......................................................................................................................................37 Appendix A Mutual Consent Agreement on State Premium Tax Revenues................................................38 Appendix B Eligible and Capped Vacation and/or Sick Leave Accruals.....................................................39 AGREEMENT Section 1. This Collective Bargaining Agreement ("Agreement") is entered into by and between the City of Sebastian, Florida, ("City" or the "Employer"), and the Coastal Florida Police Benevolent Association, Inc., ("P.B.A."). It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto; to provide an orderly, prompt, and peaceful means of resolving disputes involving interpretation or application of this Agreement; and to set forth herein basic and full agreement between the parties concerning wages, hours, and terms and conditions of employment. Section 2. Upon the effective date of this Agreement it shall supersede and supplant that certain Agreement between the City and P.B.A. expiring September 30, 2016 and any supplemental agreements, thereto or thereunder. Section 3. Throughout this Agreement, masculine gender pronouns shall be read to include feminine gender where appropriate. PREAMBLE Whereas, the intent and purpose of this Agreement is to maintain and further harmonious and cooperative labor management relations upon a constructive and sound foundation; and Whereas, the cornerstone of this foundation is the mutual acceptance and recognition of the rights and obligations of both parties, in order that the joint responsibilities of the public employer and public employee to represent the public be fulfilled and the order and uninterrupted functions of government be assured; and Whereas, the City is engaged in furnishing essential public services vital to the health, safety, protection, comfort, and general well-being of the public, and both parties hereto recognize the need for continuous and reliable service to the public; and Whereas, both the City and its employees have a high degree of responsibility to the public and recognize the need for continuous and reliable service to the public; and Whereas, since both parties recognize this mutual responsibility, they have entered into this Agreement as an instrument and means to permit them to fulfill said responsibility; Now therefore, in consideration of the premises and promises set forth herein and the benefits and advantages accruing or expected to accrue to the parties hereto and those covered by this Agreement by reason thereof, said parties hereby agree as follows: 2 50 of 98 ARTICLE 1 RECOGNITION 1.1: The City of Sebastian hereby recognizes the Coastal Florida Police Benevolent Association, Inc., P.B.A. as the exclusive Bargaining Agent for purposes of collective bargaining with respect to wages, hours and other terms and conditions of employment for all employees covered by the Bargaining Unit. 1.2: The Bargaining Unit for which this recognition is accorded is as defined in Certification Number 1108 granted by the Public Employees Relations Commission on October 3, 1995, comprised of all full-time permanent Police Officers, and Police Sergeants of the City of Sebastian. Excluded are Police Chief, Police Captains, and Police Lieutenants, Reserve or Auxiliary Police of all ranks, managerial, supervisory, or confidential and all other City employees, as well as, any unclassified employees yet to exist, except those identified above. 1.3: The P.B.A. recognizes the City Manager or representative as the sole representative for the purpose of collective bargaining. ARTICLE 2 ORGANIZATIONAL SURVEY 2.1: The P.B.A. agrees that the City may conduct from time to time organizational climate surveys of members of the bargaining unit. The purpose of such surveys is to improve the organizational culture and climate of the various work units and to assist management in providing a more positive work environment for employees. 2.2: Prior to and upon completion of survey activity, the City agrees to meet and confer with the duly elected P.B.A. Employee Representatives to discuss survey content. 2.3: The surveys shall not include any reference to the P.B.A. organization or its representatives. 51 of 98 ARTICLE 3 NO STRIKE OR LOCK OUT 3.1: Strike, as used in this agreement, shall mean the concerted failure of employees to report for duty; the concerted absence of employees from their positions; the concerted stoppage of work by employees; the concerted submission of resignations of employees; 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 Employer for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the Employer; the concerted failure of employees to report to work after expiration of a collective bargaining agreement. 3.2: The PBA 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. 3.3: Employees shall not engage in any walkout, strike, sit-down, or other interference with or interruption of police services during the term of this Agreement. The PBA recognizes that strikes by public employees are prohibited by Article I, Section b of the Florida Constitution and Section 447.505, Florida Statutes. The PBA agrees not to authorize, instigate, or otherwise support a strike, as defined in Section 1, above and to take all affirmative action's legally available to prevent or terminate any strike that occurs in contravention of this commitment. 3.4: The City agrees to accept and abide by all the terms and conditions of this Agreement and agrees that during the term of this Agreement it will not lock out employees. 3.5: The City recognizes the right of the P.B.A. to engage in informational picketing as long as such picketing is done in a lawful manner in accordance with Florida Statutes. The P.B.A. agrees that there will be no interference with the free and unrestricted right of any City employee to enter and leave City property. ARTICLE 4 NON-DISCRINIINATION 4.1: It is agreed that no employee shall be required as a condition of employment to join or refrain from joining the P.B.A. 4.2: The City agrees it will not discriminate against, coerce, or intimidate any employee covered by this Agreement because of membership or non -membership in the P.B.A. 4 52 of 98 ARTICLE 5 DUES DEDUCTION 5.1: Any member of the bargaining unit covered by this Agreement may authorize a payroll deduction for the purpose of paying Union dues. Such authorization shall become effective only upon receipt by the City payroll section of a fully executed Dues Deduction Form (as authorized) from any employee. 5.2: Changes in Union membership dues will be in writing and from an official of the P.B.A. Changes must be certified to the City at least thirty (30) days prior to the effective date of that change. 5.3: Dues shall be deducted bi-weekly for as long as the P.B.A. remains the certified bargaining agent for the employees within the unit and promptly remitted to the P.B.A. as it is now remitted and shall be accompanied by a list of those employee's names whose dues are included. Remittance of dues shall occur no later than five days following each payroll cycle. 5.4: The effective date for deducting dues shall be the beginning of the pay period following the date the Dues Deduction Form is signed. All employees currently on dues deduction shall continue without further authorization. The effective date for stopping dues deduction shall be at the beginning of the pay period thirty (30) days following the date the form is signed. 5.5: The P.B.A. agrees to indemnify and hold harmless against any claims, suits, orders, or judgments brought or issued against the City based on any payroll deductions of dues as provided for in this Article. 5.6: The P.B.A. agrees that no employees will collect or attempt to collect dues or assignments at any time during working hours, other than during break periods or periods before or after duty hours, on the City's property. 5.7: No deductions shall be made from the pay of any employee for any payroll period in which the employee's net earnings for that payroll period, after other deductions, are less than the amount to be deducted. 5 53 of 98 ARTICLE 6 EOUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION 6.1: The City and the P.B.A. agree to full and unequivocal cooperation with each other in eliminating all discrimination and to assure all personnel programs, policies, and assignments are free from discriminatory practices. 6.2: The parties recognize that it is mutually beneficial to resolve any problem of alleged discrimination as amicably and expeditiously as possible and agree that each shall make a good faith effort to settle such dispute informally within the Department before any formal complaint is filed. 6.3: An Equal Employment Opportunity (EEO) complaint may be an allegation of discrimination on the basis of: a) race, color, religion, sex, national origin as prohibited by the Civil Rights Act of 1964, as amended, or by applicable state and local law; b) age as prohibited by the Age Discrimination Act of 1967, as amended, or by applicable state or local law; c) sex as prohibited by the Fair Labor Standards Act of 1938, as amended, or by applicable state or local law; d) recognized physical handicapping conditions as prohibited by the Rehabilitation Act of 1973, as amended, or by applicable state or local law; e) marital status or lawful political affiliation, as prohibited under Federal Law and Florida Statutes, or applicable local law. 6.4: In the case of an EEO complaint based on the grounds stated in Section 3 of this Article, the employee may seek recourse exclusively under applicable statutory procedures, and the complaint will be processed in accordance with the current and applicable rules and regulations of the appropriate federal, state, or local agency. 6.5: The P.B.A. agrees to fully support the principles of Equal Employment Opportunity. The P.B.A. shall be included in the negotiation of any future consent decrees that affect the P.B.A. and its members. The P.B.A. and the City agree to abide by any future court -approved consent decree to which both parties have consented. ARTICLE 7 LABOR MANAGEMENT COMMUNICATIONS 7.1 The City agrees that periodic meetings, mutually agreed upon, between Association Representatives and the City's employee relations officials may be held to discuss problems and objectives of mutual concern involving the implementation and administration of this Agreement. The function of these meetings will be to discuss general matters pertaining to employee relations. P.B.A representation shall be limited to two (2) Unit Representatives during Labor Management meetings. The Coastal P.B.A. may bring as many officials as deemed necessary. Prior to the meeting, both parties agree to identify who will be present. R 54 of 98 ARTICLE 8 P.B.A. REPRESENTATION 8.1: The Employer agrees to recognize elected officers and Union Representatives of the P.B.A. The Employer agrees that during the terms of this Agreement it will deal only with such authorized representatives in matters requiring official action by the parties in accordance with this Agreement. 8.2: The P.B.A. shall appoint (2) bargaining unit members to serve as the Unit Representatives and the Alternate Unit Representatives for all employees. The Unit Representatives and the Alternate Unit Representatives shall be City employees on payroll status and shall be responsible for labor relation activities associated with the administration of this Agreement. Furthermore, Unit Representatives shall be responsible for the coordinating and processing of grievances for all the Local Union members, and shall conduct activities to avoid overlapping or duplicating services of any other union representatives. These activities shall be conducted without disrupting the work of any City employee. 8.3: The P.B.A. agrees that Unit Representatives shall not be permitted to leave their assigned duty stations during working hours without authorization of their Supervisor or the Police Chief. The P.B.A. agrees to conduct all P.B.A. business outside of normal working hours in order not to disrupt the work of any City employee. This shall not preclude the grievance procedure from being conducted during normal working hours. 8.4: The City agrees to allow up to two Representatives of the P.B.A. who are on duty at the time negotiations take place with the City and the P.B.A., time away from their regular duties/shift assignments to participate without loss of wages or benefits as long as it does not create a manpower/shift shortage. This will be done with the knowledge and permission of the Police Chief or designee. 8.5: The Employer will maintain job descriptions for job classifications covered by this Agreement and will notify the P.B.A. of any intent to change such job classifications. ARTICLE 9 BULLETIN BOARD 9.1: The City agrees to allow the P.B.A. the use of a bulletin board of reasonable size and department e-mail for the posting of notices of its official business pertaining to its members and to other employees. No scurrilous, defamatory, or otherwise objectionable material will be posted or emailed. The parties agree that the usage of such bulletin boards and emails will be to promote employee -employer relations, as well as keep the members and other employees informed of its activities. 9.2: Copies of all materials, notices, or announcements shall be submitted to the Police Chief or designee, before they are posted. All notices shall be signed by a duly authorized P.B.A. representative. 9.3: All costs incidental to the preparation and posting of P.B.A. material will be borne by the P.B.A. The P.B.A. is responsible for posting and removing approved materials on the designated bulletin board and for maintaining such bulletin board in an orderly condition. 7 55 of 98 ARTICLE 10 PERSONNEL RECORDS 10.1: Each employee covered by this Agreement, shall have the right to inspect his official personnel files, provided however, that such inspection shall take place during working hours at the location where the official personnel files are kept. There shall be a personnel file maintained by the City that shall be considered the official personnel file for purposes of personnel actions. This file shall be maintained by the Police Department and be under the control of the Police Chief or designee; copies of disciplinary actions shall be forwarded to the Assistant Administrative Services Director — HR Manager electronically for information purposes. All disciplinary and internal affair matters shall be maintained at the Police Department. 10.2: The City will have the employee sign for a copy of any adverse action document to be placed in the employee's personnel file prior to the document being placed into the files. Employees shall have the right to file a written response to any letter of reprimand or other document that is placed in the employee's personnel file as a result of supervisory action or citizen complaint. Any such written response shall be included in the employee's personnel file together with the letter of reprimand or other document against which it is directed. To the extent permitted by law and in order to protect the privacy and promote the safety of individual police officers, the City agrees not to directly or indirectly furnish the news media or public with any employee's home address, telephone number, photograph, and/or personnel records without the employee's consent. 10.3: The PBA agrees not to directly or indirectly furnish the news media or the public with personnel records without the consent of the City and the employee, thus mutually agreeing to the confidentiality of personnel records other than required by law. 10.4: Written reprimands shall not be used when considering subsequent discipline where an officer has no disciplinary action against him after receiving two (2) or more performance evaluations from the issuance of the reprimand as long as the same or a similar situation has not occurred. 0 56 of 98 ARTICLE 11 RIGHTS OF LAW ENFORCEMENT OFFICERS WHILE UNDER INVESTIGATION, INTERNAL INVESTIGATIONS AND OBLIGATIONS TO THE PUBLIC 11.1: The parties recognize that the security of the City and its Citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves the employees in all manner of contacts and relationships with the public, and out of such contacts and relationships, questions or complaints may arise concerning the actions of employees covered by this Agreement. Investigation of such questions and/or complaints must necessarily be conducted by, or under the direction of, departmental sworn supervisory officials whose primary concern must be the security of the City and preservation of the public interest. A. In order to maintain the security of the City and protect the interests of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizen complaints and matters of internal security; provided, however, that any investigative interrogation of any employee covered by this Agreement relative to a citizen's complaint and/or a matter of internal security shall be conducted under the following conditions and in accordance with Florida Statute Chapter 112 which is incorporated herein in its entirety as a part of this agreement (should Florida Statute 112 be amended during this Agreement, such amendment shall automatically be incorporated herein): (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. (2) The employee under investigation shall be informed of the nature of the investigation prior to any interrogation and no later than forty-five (45) calendar days after the investigation is initiated. The employee shall be informed of the names of all complainants. All identifiable witnesses shall be interviewed, whenever possible, prior to the beginning of the investigative interview of the accused officer. The complaint and all witness statements shall be provided to the officer who is the subject of the complaint prior to the beginning of any investigative interview of that officer. An officer, after being informed of the right to review witness statements, may voluntarily waive the provision of this paragraph and provide a voluntary statement at any time. (3) The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogation officer, and all persons present during the interrogation. All questions directed to the employee under interrogation shall be asked by and through one (1) interrogator during any one investigative interrogation only, unless specifically waived by the subject officer. (4) Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are reasonably necessary. All interrogations shall be held at the headquarters of the Sebastian Police Department. (5) At the request of the employee under investigation, he/she shall have the right to be represented by counsel or any other representative of his/her choice, to be present at all times during such interrogation. (6) The formal interrogation of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statement. W 57 of 98 (7) If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he/she shall be completely informed of all his/her Miranda and/or Garrity v. N.J. rights prior to the commencement of the interrogation. (8) No employee shall be ordered or be able to volunteer to submit to any device designed to measure the truth of his/her responses during questioning. (9) During interrogations, the employee shall not be subjected to offensive language or threats of transfer, dismissal, or other disciplinary actions. The interrogator does not have the right to make a promise of reward as an inducement to answering questions. (10) During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations, which are the subject of the investigation. (11) In the interest of the internal security and fairness to the employee under investigation (criminal or administrative), the City, employee, and union representative or agent, insofar as is legally permissible, agree to make no statement concerning the investigation until such time as the investigation has been completed. (12) An employee under investigation may obtain a copy of any written statement he/she has executed. (13) In all cases wherein an employee is to be interrogated concerning an alleged violation of the department's Rules and Regulations which, if proven, may result in his/her dismissal or in some other disciplinary measure, he/she shall be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his/her choice and a representative of the P.B.A. before being interrogated. However, except by mutual agreement, the interrogation may be postponed for no more than forty- eight (48) hours to provide this opportunity. (14) Any employee may be ordered to submit to a blood test to determine the percentage of alcohol or some type of controlled substances in his/her blood if the employee appears to be under the influence of such products. Such test may be given if requested by the employee. (15) No employee will be compelled by the City to speak or testify or be questioned by any non-governmental agency. (16) In cases where the City chooses to relieve an employee from duty pending an investigation, the following conditions shall prevail: 1. The employee will remain on full salary and allowances, and shall not lose any benefits during this period of time. 2. Should disciplinary action result from the investigation, that period of time in which the employee was relieved from duty will be included in the disciplinary action. In the event that an employee has been paid, the employee's accumulated vacation leave or compensatory time shall be charged as a set-off at the employee's option. (17) During internal investigations, questions shall be limited to the circumstances surrounding the officer's alleged violation of department rules. (18) The findings of the internal affairs investigation shall be labeled Sustained (guilty as charged), Exonerated (act occurred, but was justified), Unfounded (act did not occur), or Not -Sustained (not guilty). No other terminology may be used. (19) Only letters of complaints which have been sustained in whole or in part, will be inserted in an officer's personnel record. 10 (20) The City shall not discipline any employee without just cause or due process; however, the City may discharge any probationary employee without just cause or due process. (21) Any employee involved in an incident where injury and/or death occurs, shall not be compelled to make any oral or written statements. The employee shall be given the necessary time to consult with his/her attorney prior to any oral or written statements being requested. B. In any case where the City believes there is just cause for loss of pay or more serious disciplinary action the employee and the P.B.A. shall be notified in writing. C. In the event an employee becomes the subject of a formal departmental or City investigation arising from a complaint or allegation, the department or the City, whichever is appropriate, shall individually notify the employee of the complaint. Upon conclusion of the formal investigation, the employee will be notified of the disposition of the complaint. 11.2: Notice of Disciplinary Action — No dismissal, demotion, transfer, reassignment, or other personnel action which might result in loss of pay or benefits or which is taken purely as a punitive measure shall be taken against any law enforcement officer unless such law enforcement officer is notified of the action and the reason or reasons therefore prior to the effective date of such action. 11.3: Retaliation for Exercising Rights — No law enforcement officer shall be discharged; disciplined; demoted; denied promotion, transfer, or reassignment; or otherwise discriminated against in regard to his/her employment or be threatened with any such treatment by reason of his/her exercise of the rights granted in this Article. IIA: If a complaint is brought against a law enforcement officer from any source outside the City's Police Department and the investigation of the complaint is to result in disciplinary action against the law enforcement officer, he/she may request the appointment of a Complaint Review Board within ten (10) working days of notification of discipline identified in 11:2. A. The Complaint Review Board shall be comprised of three (3) law enforcement officers from any State, County or Municipal agency within Indian River County. One member will be selected by the Police Chief, one by the law enforcement officer against whom the complaint is registered and one who shall be selected by the other two members. B. The Complaint Review Board shall meet promptly to review the complaint that has been brought, all of the available evidence in the case and an explanation of the case by the law enforcement officer or their representative. The Board shall make a recommendation(s) to the Police Chief for whatever action it deems appropriate. C. The recommendation(s) of the Complaint Review Board are advisory only and shall not restrict the Police Chief in making a final decision concerning the disciplinary action, if any, to be taken, nor shall it restrict the law enforcement officer's right to grieve any disciplinary action that results from the complaint. 11.5: No law enforcement officer shall be disciplined, except termination or written reprimand, until such time as the law enforcement officer's grievance appeal (excluding arbitration) of the discipline is completed or until the time frame for a grievance has expired. 11 59 of 98 ARTICLE 12 LEGAL BENEFIT 12.1: The City shall, upon the request of any employee covered by this Agreement and after notice of the suit against the employee has been received by the Office of the City Attorney, within ten (10) days after service upon the employee, undertake the defense of that employee against any civil damage suit in which the Complainant in the suit alleges that the employee was acting within the scope and course of his/her employment and does not allege that the employee acted in bad faith, or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 12.2: The City shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been timely received by the Office of the City Attorney, within ten (10) days after service upon the employee, undertake the defense of that employee against any civil damage suit in which the Complainant in the suit alleges that the employee was acting within the scope of his/her employment, even if the Complainant also alleges in the alternative that the employee acted in bad faith, or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, in those cases in which the City has reason to believe that there exists a substantial factual basis for the allegations in the suit of bad faith, malicious purpose or in actions exhibiting wanton and willful disregard of human rights, safety, or property, the employee shall be notified that he/she must provide his/her defense at his/her own expense, and the City shall not be required to either continue or undertake the defense of the employee. 12.3: In a civil damage suit in which a defense is provided by the City, the City will indemnify that employee against any judgments, except for punitive damages, rendered in that suit against the employee as a result of his/her actions which occurred while he/she was acting within the scope and course of his/her employment, up to the limits specified in 768.28(5), Florida Statutes, as amended. 12.4: At any time after the City has undertaken the defense of an employee in a civil damage suit, the employee, at his/her own expense, may, with the permission of the City, hire counsel of his/her own choice and substitute that counsel, with the consent of the applicable court, for the counsel provided by the City without affecting the employee's rights to indemnification under Section 3 of this Article. 12.5: The employee agrees to cooperate fully with the City if the City undertakes the defense of the employee. Failure to cooperate shall relieve the City of its obligation to defend or indemnify the employee. 12 ARTICLE 13 MANAGEMENT RIGHTS 13.1: The P.B.A. agrees that the City has and will continue to retain, whether exercised or not, the right to operate and manage its affairs in all respects except as modified by other articles of this Agreement. The rights of the City, through its management officials, shall include but not be limited to the following: A. To determine the organization of the City Government. B. To determine the purpose of each of its constituent departments. C. To exercise control and discretion over the organization and efficiency of operations of the City. D. To set standards for service to be offered to the public. E. To manage and direct the employees of the City including the right to assign work and overtime, and to establish, modify, or change rules and regulations applicable to employees covered by this Agreement. F. To hire, examine, classify, promote, train, transfer, and assign, employees in positions with the City. G. To suspend, demote, discharge, or take other disciplinary action and impose sanctions for just cause involving deficiencies in performance and/or deficiencies in conduct. H. To increase, reduce, change, modify, or alter the composition of the work force, including the right to relieve employees from duties because of lack of work and/or lack of funds. I. To determine the location, method, 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 or to be contracted out or subcontracted. J. To determine the number of employees to be employed by the City. K. To establish, change, or modify the number, types, and grades of positions or employees assigned to an organization, department or division thereof, or project. L. To establish, change, or modify duties, tasks, and responsibilities or requirements within job classifications that are not terms and conditions of employment in the interest of efficiency, economy, technological change, or operating requirements. 13.2: The City Council has the authority and obligation to determine the purpose and mission of the City and the amount of budget to be adopted. 13.3: If, at the sole discretion of the City, it is determined that a civil emergency condition exists including but not limited to strikes, work stoppages, riots, civil disorders, hurricane conditions, or similar circumstances, the provisions of this Agreement may be suspended during the time of the declared emergency, provided that wage rates and insurance shall not be suspended. ARTICLE 14 DISCIPLINE AND DISCHARGE Employees may be disciplined or discharged for just cause involving deficiencies in performance and/or deficiencies in conduct. Employees so disciplined or discharged shall be provided with written notice of the basis for such discipline. Disciplinary action shall be taken in accordance with internal Police Department General Orders. 13 61 of 98 ARTICLE 15 RATES OF PAY 15.1: For the first year of this Agreement (October 1, 2016 through September 30, 2017) bargaining unit members shall receive a wage increase of three percent (3%). 15.2 For the second year of this Agreement (October 1, 2017 — September 30, 2018), the parties agree to collectively negotiate a potential three percent (3%) change in rate of pay. Any rate of pay negotiated must be duly ratified by both parties. 15.3 For the third year of this Agreement (October 1, 2018 — September 30, 2019), the parties agree to collectively negotiate a potential three percent (3%) change in rate of pay. Any rate of pay negotiated must be duly ratified by both parties. 15.4: Officer's and Sergeant's, who receive State incentive money for training and education, excluding Corrections courses, will receive an amount from the City up to $1,560 annually. 15.5: For the purpose of the Agreement, the term anniversary date shall mean the anniversary of an employee's date of employment or change to a different job classification. For the purposes of longevity, the date of hire with the City shall prevail. 15.6: Not available from October 1, 2016 through September 30, 2019. A new police officer with a minimum level of demonstrated education, training or experience in that job title, shall be placed at the minimum of the pay scale. This employee shall be eligible for movement at the completion of his/her first year of continuous, unbroken employment with the City in his/her job classification provided that such employee receives at least a satisfactory performance evaluation upon his/her anniversary date. 15.7: The city reserves the right, based upon a new employee's previous education, training and experience, to exercise lateral entry and initially place such employee between the minimum to ten percent (10%) of the pay scale for the job title of police officer. 15.8: In the event a Police Officer is promoted to the job classification of Sergeant, the promoted employee shall be entitled to the entry level for Sergeant or twelve percent (12%) in the Sergeant's pay grade, whichever is greater. 15.9: Sergeant pay shall not increase above the maximum of the pay grade. 15.10: Not available from October 1, 2016 through September 30, 2019. On or after October 1, of each fiscal year, all covered employees shall advance one to three percent (1-3%) upon receipt of an annual evaluation which is at least satisfactory. In the event an employee's performance is below satisfactory, the City shall inform the employee, in writing, of his/her specific deficiencies and allow the employee a reasonable time, not to exceed ninety (90) days, to correct his/her performance. The City shall delay an increase of one to three percent (1-3%) to the employee until such deficiencies are corrected. 15.11: Not available from October 1, 2016 through September 30, 2019. Merit increases, as set forth above, shall continue for the duration of this contract. 15.12: All investigators shall receive a non -uniformed clothing allowance in a bi-annual amount of four hundred ($400) dollars payable in two lump sum payments of four hundred ($400) on the first pay date of October and April of each year. This amount is in addition to the allowance allowed under Article 41.4. In the event an officer does not remain an Investigator the entire bi- annual period after receiving his/her clothing allowance, the officer shall repay the City on a pro rata basis. These allowances shall be paid in a separate check or direct deposit. 14 • •: ARTICLE 16 TEMPORARY ASSIGNMENT 16.1: The Police Chief or his designee may, in writing, assign an employee to a higher classification for a temporary period. The affected employee shall be entitled to receive $3.00 an hour for all hours actually worked in that higher classification and not on leave. The provisions of this section shall apply to temporary assignments to the position of Sergeant only. An employee shall not be eligible for Assignment Pay as provided in Article 17 while they are receiving Temporary Assignment pay provided in this article. 16.2: Appointment as an investigator is considered duty assignment and not a promotion with the same provisions as a temporary assignment. The employee shall receive an increase of three percent (3%) higher than his/her regular rate of pay to their base pay while serving as an investigator. Investigators as of September 30, 2016 will keep their three percent (3%) increase when they return to the position of Police Officer. Assignments on or after October 1, 2016 will receive an increase of three percent (3%), however when returned a Police Officer status will forfeit the increase of the amount at the time they took the assignment. (Example: Police Officer's assignment changed to investigator so there was a $.6032 per hour increase on 10/2/2016. He/she returned to police officer status 8/3/2019- wage reduced by $.6032.) 16.3: Appointment as an Acting Shift Supervisor, in the absence of the Shift Sergeant, is considered a duty assignment and not a promotion with the same provisions as a temporary assignment. The employee assigned to a specific shift by the Police Chief or his designee will be issued insignia, to be placed on the sleeve, for each of their issued uniform shirts to indicate the higher classification. If the employee is transferred from Road Patrol or given a different assignment, then the employee will no longer use the insignia. ARTICLE 17 ASSIGNMENT PAY 17.1: A Police Officer assigned the duty position of Field Training Officer (FTO) shall be entitled to $3.00 per hour for all hours worked while actually assigned to a trainee and not on leave. 17.2: A Police Officer assigned as an instructor, shall be entitled to $3.00 per hour for all hours they are actually providing in-house instruction and not on leave. 17.3: An employee shall only be directed to perform one assignment upgrade per hour as provided in Article(s) 16.1, 17.1 or 17.2; therefore, the employee shall be entitled to be compensated for only one assignment pay upgrade per hour. 15 63 of 98 ARTICLE 18 INJURY PAY AND LIGHT DUTY ASSIGNMENTS 18.1: Any regular full-time employee who sustains a temporary disability as a result of and arising out of employment by the City as provided by the Worker's Compensation Law of the State of Florida, shall, in addition to the benefits payable under the Worker's Compensation Law be entitled to the following: A. During the first eighty (80) working days of such disability, the employee shall receive net supplemental injury pay based upon his/her normal base pay reduced by the Worker's Compensation indemnity payment. B. Thereafter, the employee may utilize any accrued sick or other paid leave in order to receive supplemental pay based upon his/her normal base pay reduced by the Worker's Compensation indemnity payment until such sick or other paid leave is exhausted. C. Upon exhaustion of all paid leave, the City may, at its discretion, grant an unpaid leave of absence to the employee for a period not to exceed one year. 18.2: If any employee is temporarily or partially disabled from performing the duties of his/her classification, but is determined to be able to perform light duty by a physician designated by the City, the employee may be required to perform such duty or lose the employment connected net supplemental injury pay. Assignment to light duty, shall be considered a temporary assignment, without reduction in pay. Such a reassignment shall be to other duties commensurate with medical and mental fitness, subject to availability of suitable work, and the employee's qualifications for the position. However, an employee shall not be permitted to continue in a light duty position after reaching his/her maximum medical improvement or for a period that exceeds one year. 18.3: Any employee who suffers an employment connected injury may be required by the City to be examined every twenty (20) working days by a medical doctor, specified and provided by the City, who shall determine the employee's condition and fitness for full or partial return to duty. 18.4: No employee will be entitled to the net supplemental injury pay with the benefits described herein if the injury suffered has been determined to have been the result of intentional self - infliction or where the disability or illness continues as a result of the employee's failure to cooperate with medical advice or corrective therapy. 18.5: While receiving employment connected net supplemental injury pay, an employee shall be entitled to all benefits which he/she would normally receive pursuant to his/her employment with the City, except additional accruals of sick and vacation leave and for those provisions specified in Article 15.12 or Article 41. 18.6 Any employee receiving proceeds from a disability insurance policy and Workers Compensation indemnity payments shall not be allowed to use paid leave, such that they receive a total amount of more than his/her normal take home pay. 16 ARTICLE 19 CALL BACK PAY 19.1: An employee, who is called to return to work after completing his/her scheduled shift and has left the work place of the City, shall be paid at the rate of time and one-half (1-1/2) the regular rate for hours worked with a minimum of three (3) hours. Travel time shall be considered time worked. 19.2: An employee called back to work who is on authorized leave shall be paid at the rate of time and one-half (1-1/2) the regular rate for hours worked with a minimum of three (3) hours. Such employee shall not be charged for leave for any such hours worked. Travel time shall be considered time worked. 19.3: The three (3) hours minimum call-back pay shall not apply in those instances wherein the overtime commences one and one-half (1-1/2) or fewer hours prior to and runs continuously into the employee's regular shift; or the employee is called back to work to rectify his/her own error or omission which cannot wait until the employee's next shift. In such instances, the employee shall be compensated for the exact hours worked at the appropriate rate. ARTICLE 20 ON-CALL PAY 20.1 Designated employees required to be on-call shall receive one hour at time and -one-half for each day Monday through Friday, and receive two hours at time and one half for each day Saturday and Sunday. On-call personnel include one detective. The list will rotate weekly. On call hours shall not be considered hours worked for overtime calculations. This article does not apply to Officers being placed on-call because of emergency situations, Hurricanes, etc. ARTICLE 21 COURT APPEARANCES 21.1: Any employee who is required to appear as a witness resulting from the performance of his duties with the City shall be entitled to the following: A. Regular pay if called to testify during regularly scheduled hours; B. A minimum of three (3) hours at one and one-half (1-1/2) times the employee's base rate of pay if called to testify outside the employee's regular hours of work. C. In such cases, the employee will be required to assign the witness fee to the City. 21.2: Time off to respond to a subpoena to appear as a witness in a case unrelated to an employee's duties as an employee of the City may be charged to vacation, compensatory time or personal leave. Such leave shall not be denied. 21.3: An employee required to attend court while on scheduled leave is entitled to a minimum of three hours at one and one-half (1-1/2) times the employee's base rate of pay for each day and may be allowed to substitute that amount of pay instead of vacation, compensatory time or personal leave for such period, provided that the court appearance meets the requirements of Section 1. of this Article. 17 65 of 98 ARTICLE 22 BEREAVEMENT LEAVE 22.1: Time Off Provision — When there is a death in an employee's immediate family, that employee shall be granted a Bereavement Leave of a maximum 40 hours. Bereavement Leave will not be charged against sick leave, vacation, compensatory, personal leave or holiday time. 22.2: The employee's immediate family is defined as the employee's spouse/domestic partner, children (Includine Sten Children. sunnorted by a marriage certificate). parent/step parent, father-in-law, mother-in-law, brother, sister, grandchildren, or grandparents or any relative who is domiciled in the employees household. 22.3: The City reserves the right to require documentation supporting Bereavement Leave after an employee returns to work. 22.4: Any absence in excess of forty (40) hours in connection with approved Bereavement Leave may be charged to accrued vacation leave, compensatory time or personal leave, at the employee's option. ARTICLE 23 MILITARY LEAVE 23.1: City agrees to grant request for leave of absence with or without pay in accordance with Florida State Statute 115.07 — Officers and employees' leave of absence for reserve or guard training. 23.2: The employee shall be required to submit an order or statement from the appropriate military commander as evidence of any such duty. Such order or statement must accompany the form request for Military Leave at least two (2) weeks prior to the date such leave is desired, unless the employee actually receives less notice. ARTICLE 24 JURY DUTY 24.1: A permanent full-time employee shall be granted time off, not to exceed eighty (80) hours, at the employee's regular pay for reporting to required jury duty upon presentation to the employee's supervisor of satisfactory evidence that such jury duty is required and provided the time required for jury duty is the employee's normal workday or work shift. In order to be eligible, the employee must report at least seven (7) calendar days prior to the date of jury duty to the immediate supervisor on the prescribed leave form with the summons attached of the need to be absent because of a jury duty requirement. 24.2: Any compensation received by the employee for jury duty shall be retained by the employee; however, a pro rata amount of the jury duty pay received by the employee shall be deducted from the employee's regular pay based upon that portion of the regularly scheduled workday missed by the employee. There shall be no deduction for mileage pay or for the four (4) hour reporting period provided in Section 3 of this Article. An employee seeking jury duty leave must substantiate any compensation received for serving on jury duty by submitting a copy of the check(s) received or a copy of the receipt(s) for any cash received. 24.3: If an employee is released from jury duty within four (4) hours from the time required to report for such jury duty, the employee shall be required to report for duty on that date, provided that it is the employee's regular work day or shift. ARTICLE 25 VOTING TIME/POLITICAL ACTIVITY 25.1: During a primary, general, or special election, an employee who is a registered voter and whose hours of work do not allow sufficient time for voting shall be allowed necessary time off with pay for this purpose. Where polls are open two hours before and two hours after the employee's regular scheduled work period, it shall be considered sufficient time for voting. 25.2: Employees will be allowed to engage in the full range of political activities guaranteed to all citizens while off duty and not in uniform. ARTICLE 26 LONGEVITY PAY 26.1 Longevity pay will be awarded according to the following schedule: A. Employees, after having completed ten (10) years of continuous services with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay the first full payroll period following their ten-year anniversary date. B. Employees, after having completed fifteen (15) years of continuous services with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay the first full payroll period following their fifteen -year anniversary date. C. Employees, after having completed twenty (20) years of continuous services with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay the first full payroll period following their twenty-year anniversary date. D. Employees, after having completed twenty-five (25) years of continuous services with the City, will receive an increase in their base pay of seven and one-half (7.5%) percent. The seven and one-half percent increase will be added to their base pay the first full payroll period following their twenty -five-year anniversary date. E. Said adjustments(s) will be based on the employee's original date of hire regardless of the salary pay step the employee is in at the time he or she attains the required number of years. F. Employees in a part-time or temporary status at the time of their relevant anniversary date will not be eligible for longevity increases. 26.2 Employees in a probationary or suspension status greater than 6 months due to a demotion or transfer or for other disciplinary reason shall not receive longevity pay increases until they are no longer on probation. ARTICLE 27 BASIC WORKWEEK AND OVERTIME 27.1: Fourteen (14) days shall constitute a normal work period for the employees covered by this Agreement, starting at 12:01 a.m. Sunday and ending at 12:00 midnight on Saturday fourteen days later. Nothing herein shall guarantee an employee payment for eighty (80) hours of work in any work period unless the employee actually works eighty (80) hours in the work period. For the purposes of this Agreement, approved leave shall mean any leave compensated by the City. The City agrees to provide a minimum 30 -day notice if it is determined that the current work schedule should be modified. The PBA reserves the right to negotiate any changes to the work schedule. 27.2: Hours worked in excess of eighty (80) hours in a fourteen (14) day work period shall be compensated at the rate of time and one-half (1 1/2) of the employee's regular, hourly wage. 27.3: For the purposes of overtime compensation, time spent by an employee on personal leave, vacation leave, sick leave, funeral leave, jury leave, military leave, or any other approved paid leave shall be considered time worked. 27.4: If any employee has accrued overtime and desires to bank compensatory time at a rate of time and one-half (1-1/2) rather than be paid for the overtime, the employee shall, prior to the end of the fourteen (14) day work period in which the overtime was credited, advise his/her supervisor of his/her desire to bank compensatory time in lieu of pay. 19 67 of 98 27.5: The Division Commanders shall attempt to accommodate the desires of an employee as to the time off desired, work schedules and conditions permitting. If no compensatory time is requested, then the employee shall be paid at the overtime rate of time and one-half (1-1/2). Employees may bank up to one hundred and twenty (120) hours of compensatory time. Any unused time as of the last full pay period of each fiscal year will be paid to the employee in the next payroll check. ARTICLE 28 HOLIDAYS 28.1: The following shall be paid holidays for regular full-time employees: NEW YEAR'S DAY MARTIN LUTHER KING DAY PRESIDENTS DAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY VETERANS DAY THANKSGIVING DAY FRIDAY AFTER THANKSGIVING DAY CHRISTMAS EVE CHRISTMAS DAY 28.2: Holidays will be designated as the actual day of the holiday for the purposes of holiday pay. Employees regularly scheduled to work Monday through Friday may be required to take the observed, rather than the actual holiday as their designated holiday. 28.3: No regular full-time employee shall receive pay for a holiday unless he/she is in active pay status or actually works his/her normal schedule on the scheduled work day immediately preceding and following the day on which the holiday is observed. For purposes of this Article, "active pay status" includes any approved paid leave. An employee that has been notified of sick leave abuse may be required to furnish a doctor's note if absent before or after a holiday. 28.4: Regular full-time employees who are scheduled and/or required to work on the actual holiday and who work on that day shall receive one and one-half (1-1/2) times the employee's regular hourly wage for each hour worked during the holiday in addition to their scheduled hours (8 or 10 or 12) as holiday pay for the holiday. 28.5: Employees who do not work a holiday will receive 8, 10 or 12 hours of pay at straight time. For example, if an employee is scheduled Tuesday thru Friday and the holiday falls on Monday, the employee would receive 8, 10 or 12 hours of straight pay for the holiday. The holiday pay would not be included as hours worked for the purpose of overtime calculation. ARTICLE 29 SENIORITY 29.1: The City agrees that seniority shall consist of continuous accumulated paid service to the City. 29.2: Seniority shall be computed from the date of hire and shall accumulate during leaves of absence due to injury, illness, vacation, or any other leave authorized and approved by the City. 29.3: Vacation periods for each calendar year shall be drawn by employees on the basis of seniority. When an employee has selected dates for vacation the dates can be changed, by mutual agreement, only to accommodate another employee with greater seniority and the request to change by the senior employee is made at least ninety (90) days prior to the first day of the previously scheduled vacation. 29.4: In the event of a vacancy in any department or division, including promotional vacancy, seniority will be given reasonable consideration but will not be the determining factor. 20 29.5: Seniority will be given reasonable consideration in the selection of any employee to be sent to any type of schooling but will not be the determining factor. ARTICLE 30 LAYOFF AND RECALL 30.1: Definition — A layoff is a reduction in the number of employees within the Department due to lack of work, lack of funds, or for any reason other than the acts or delinquencies of the employee. The City will lay off employees as herein provided. 30.2: Order of Layoff— In the event of a layoff for any reason, employees shall be laid off in inverse order of their seniority in their classification as defined in Article 29, Seniority. An employee to be laid off who has advanced to his/her present classification from a lower classification in which he/she held a permanent position shall be given a position in the lower classification within the department. His/her seniority in the lower classification shall be established according to the date of his/her permanent appointment to that classification including time accrued at a higher classification. 30.3: Employees shall be recalled from layoff according to the seniority in the classification from which the employees were laid off. No new employee shall be hired in any classification until all employees on lay-off status in that classification have had an opportunity to return to work. 30.4: The City is not obligated to recall an employee after he/she has been on layoff for a period of one (1) year. 30.5: Bargaining unit members shall be notified of their recall to work by phone. If direct contact to the former bargaining unit member is not made, a registered letter will be mailed to their address of record. Within three (3) calendar days after receipt of a notice of recall, recalled employees who desire to return to work must notify the Employer in writing to advise that they intend to return to work, or they will lose their recall rights. Recalled employees must return to work fit for duty within ten (10) working days of the receipt of a recall notice, or they will lose their recall rights. 30.6: An employee laid off pursuant to this Article shall be given the opportunity to continue insurance coverage in existing programs during the lay-off period for up to one (1) year provided that premiums for such insurance programs available under the Insurance Policy shall be paid by the bargaining unit member on a monthly basis in advance of the month due. 30.7: Recall will be at the current rate of pay for the classification but not lower than when the employee was laid off. Previously canceled group health insurance may be reinstated upon the employee's return to active duty consistent with the plan's requirements. In addition, any balances of accrued vacation or sick leave not previously paid will be reinstated and the accrual rate from the date of return to active duty will be at the accrual rate enjoyed at the date they were laid off. ARTICLE 31 PROMOTIONAL EXAMINATIONS 31.1: Eligibility for Positions within the Bargaining Unit: Police Sergeant: a. Four (4) consecutive years as a City of Sebastian Police Officer from the most recent date of hire. b. Must not have a record of disciplinary action resulting in suspension within the previous two (2) years. 31.2: Promotional examinations shall be givenwhen a vacancy for Sergeant exists if there is not a current eligibility list in effect. The Administrative Services Director or designee shall administer all promotional examinations for the bargaining unit position of Sergeant. 21 31.3: Whenever a budgeted vacancy exists for the rank of Sergeant, the City shall promote an employee to fill such vacancy, within thirty (30) days, from the existing eligibility list. If the eligibility list has expired or has been exhausted when a Sergeant vacancy occurs, the City shall establish a new eligibility list within one hundred eighty (180) days. Upon certification of the new eligibility list, the budgeted Sergeant vacancy shall be filled within thirty (30) days. The promotional eligibility list shall remain in effect for one (1) year or until the list is exhausted, whichever comes first. A. Promotional testing shall consist of a written examination, oral review board and an in - basket skills assessment. a. The written exam shall contain no more than 110 multiple-choice questions. The exam shall be purchased from an outside agency or developed by the Chief of Police and Administrative Services Department with the review and consent of the Coastal Florida Police Benevolent Association. The first 100 questions shall be considered for evaluation for the written portion only. If a (1) question is successfully challenged and eliminated from the first 100 questions, 101 will be inserted. If (2) questions are successfully challenged and eliminated, questions 101 & 102 will be inserted, and so on. b. The oral review board shall consist of three (3) Lieutenants (or higher) from other agencies and (1) representatives from the City of Sebastian's Police Administration selected by the Chief of Police. The oral review board shall consist of law enforcement scenario type questions that shall be approved by the Chief or his designee. Each candidate shall respond to (5) scenarios. Each scenario shall be rated 1 — 4 by each evaluator. The highest and lowest scores will be thrown out leaving three scores to be calculated. The three scores shall be averaged and then the resulting point value multiplied by .25 to obtain the 25% value. C. The in -basket skills assessment shall be developed based on the actual duties of a City of Sebastian Police Sergeant. An outside consultant may be utilized to assist in the development. The skills assessment shall be scored from 0 — 100. The score will be multiplied by .25 to obtain the 25% value. B. To move from the written examination to the oral review board and in -basket skills assessment, the candidate must score at least a 70. The score will be multiplied by .50 to obtain the 50 % value to be added to the oral review board and in -basket skills assessment score. If the candidate scores less than 70 on the written portion, they will be excluded from the remainder of the promotional process. 31.4: After all testing is complete; all scores will be added together to get an overall total for the entire promotional examination process. An eligibility list will be established in accordance with each candidate's ranking. 31.5.: The Police Chief shall select any one of the top three (3) candidates on the eligibility list after interviewing all three candidates. When considering the top three candidates, the Police Chief may consider additional factors such as educational background, years of service to the agency, experience in special assignments, evaluation and disciplinary history, and other information that would help determine the best fit for the department's needs. 31.6: Examination and Posting Requirements: A. Notice of examinations will be posted 90 days in advance. B. The closing date shall be 30 days from the posting date. C. The posting shall include the minimum requirements and an informational reading list for the written exam. Study material will consist of one (1) outside reading / study reference, 22 70 of 98 in addition to reference to City of Sebastian's Policies and Procedures and Florida State Statutes. 31.7: The promotional probationary period shall be six (6) months in duration. The probationary period can be extended for an additional three (3) months by the Police Chief with approval from the Assistant Administrative Services Director — HR Manager. The probationary period may be extended further if the probationary employee is incapacitated because of illness or injury. If an employee promoted to the position of Sergeant is found unsuited for the work of the position during the probationary period, he/she shall be reinstated to his/her former position. ARTICLE 32 PROBATIONARY PERSONNEL 32.1: All new employees of the department shall serve a probationary period of one (1) year, which may be extended for a period not to exceed six (6) months at the Police Chief's discretion, during which time they shall not be entitled to any seniority or tenure rights but during such period shall be subject to all the terms and conditions of this agreement. 32.2: Upon completion of said probationary period, employees shall be known as permanent employees and seniority rights and tenure shall accrue from the commencement of the probationary period and shall be considered a part of such employee's seniority rights. 32.3: A probationary employee shall have all the rights of the grievance procedure except where said employee is terminated for failure to satisfactorily complete his/her probation as determined by the Police Chief. ARTICLE 33 VACATION LEAVE 33.1: Eligibility — Only regular full-time employees are eligible for paid vacation leave. 33.2: Accrual Rate A. Vacation leave is earned on a pro -rata bi-weekly basis. Full-time employees will accrue vacation leave based on their years of service with the agency. To clarify the rate at which an employee accrues vacation leave the following table will be used. Table #1: Continuous Unbroken Years of Service Bi -weekly Leave Length of Service: Accrual Rate Hours Earned 0 Year but less than 5 Years 3.077 hours 80 hours (10 Days) 5 Years but less than 10 Years 4.615 hours 120 hours (15 Days) 10 Years but less than 20 Years 6.153 hours 160 hours (20 Days) 20 Years plus 7.692 hours 200 hours (25 Days) B. No vacation leave may be taken during the first six months of employment. C. Vacation leave accrual rate changes take effect on the employee's anniversary date. For the purposes of this section "anniversary date" shall mean those one-year increments from the date of employment. D. Vacation leave does not accrue during any bi-weekly period while an employee is not working the entire period due to an unpaid leave. 33.3: Request for Vacation Leave A. A request for vacation leave shall be submitted in writing to the employee's immediate supervisor for signature and will proceed up the chain of command to the Police Chief. 0*1 71 of 98 B. A request for leave shall not be granted if the employee has no accrued balance of vacation leave. Vacation leave shall not be used in advance of its being earned. C. The minimum charge against the accrued vacation leave balance is one (1) hour. One (1) hour shall be deducted from an employee's accrued vacation leave balance for each hour, or part thereof that an employee is actually absent from his/her duty station. D. Vacation leave shall not be taken in advance of its approval by the Police Chief or his designee. 33.4: Use of Vacation Leave A. Vacation leave may be used for the following reasons: 1. Vacation 2. Absences from duty for transaction of personal business that cannot be conducted outside of working hours. 3. Religious holidays not designated as official holidays. 4. Medical leave if sick leave balance has been exhausted. 5. Any other absences not covered by existing leave provisions, at the discretion of the Police Chief. B. Any employee who becomes sick while on vacation leave may substitute accrued sick leave for vacation leave for the period of illness. Upon the request of the Police Chief or his designee, the employee shall supply appropriate certification from a physician as to the nature and duration of the illness. C. Employees will not be allowed to carry over from one fiscal year to the next more than two (2) years' worth of accrued vacation leave. If during the year the employee accrues more than two (2) years' worth of vacation leave, they will have until the last full payroll period in the fiscal year to bring their time balances down to the two (2) year maximum. If the employee does not bring the time balance down to the two (2) year maximum by the last full payroll period of each fiscal year, they will forfeit all hours in excess of the two (2) year maximum carryover. When a Department Head fails to grant vacation leave when requested in writing by an employee under the provisions of this article, vacation leave will continue to accrue beyond the limitations set forth above for the amount that had been denied. Proper documentation signed by the employee's department head will be forwarded to the Administrative Services Department where it will be kept on file indicating the reasons for not granting the requested leave. 33.5: Vacation Leave Cash -in: (a) Employees will not have the option of cashing in vacation. 33.6: Separation from Employment Upon retirement, resignation, or other separation from the service of the City a regular full-time employee no longer on probation shall be entitled to be paid for the accrued balance of vacation leave at the rate of pay received by the employee on the date of separation. 33.7: Vacation Leave Buy -Back (a) Upon retirement, resignation, or other separation from City service, all regular full-time or regular part-time employees that are no longer on probation and were hired prior to October 1, 2011 shall be entitled to be paid for all of his/her unused accrued balance of vacation leave at the rate of base pay received by the employee on the date of separation. (b) Upon retirement, resignation, or other separation from City service, all regular full-time or regular part-time employees that are no longer on probation and were hired after October 1, 2011 shall be entitled to be paid for all of his/her unused accrued balance of vacation leave at the rate of base pay according to the following: • If separated before completing first year 0% • 1-5 years of completed service 25% * 6 years and above of completed service 50% 24 72 of 98 ARTICLE 34 SICK LEAVE 34.1: Eligibility — Only regular full-time employees are eligible for sick leave with pay. 34.2: Accrual of Sick Leave A. Regular full-time employees accrue leave at the rate of ninety-six (96) hours per calendar year. Sick leave is earned on a pro -rata bi-weekly basis. To clarify the rate at which an employee accrues sick leave the following table will be used. Table #1: Full Time Employees Bi -weekly Annual Leave Length of Service Accrual Rate Hours Earned All years of service 3.692 hours 96 hours (12 Working Days) B. Sick leave does not accrue for any full pay period while an employee is on any unpaid leave of absence. 34.3: Request for Sick Leave A. An employee who is incapacitated and unable to work shall notify his/her supervisor prior to the employee's scheduled reporting time. The employee shall state the nature of the incapacitation, its expected duration, and expected period of absence. The employee shall repeat this procedure on each day he/she is unable to report to work, unless excused by the Police Chief or designee, or if the employee has a doctor's note excusing the employee for an extended period of time. The City reserves the right to request the employee go to another physician, at the City's expense, to verify the length of time needed to be out. B. An employee who is out of work for three (3) or more consecutive days shall, upon returning to work, submit to his/her supervisor appropriate written documentation for the sick leave, along with a doctor's note of the illness. 34.4: Use of Sick Leave A. Sick leave may be used for the following reasons: 1. Employee ill health; 2. Maternity; 3. Medical, dental, or optical treatment required during working hours; 4. Quarantine due to exposure to infectious disease; 5. Employee ill health while on annual leave; 6. In connection with Worker's Compensation; 7. For death in employee's immediate family to extend bereavement leave; 8. Illness of an immediate family member requiring the employee to remain at home with ill family member. B. Whenever it appears that an employee abuses sick leave, such as consistently using sick leave immediately upon its being accrued or before or after holidays or scheduled days off, the employee shall be required to furnish proof of the necessity for the claimed absence due to illness. The City reserves the right to require a physician's certification in all cases of reported illness provided that the employee has been notified of being placed on sick leave abuse status. Failure to provide a physician's certification will result in no pay for the day(s) in question. Abuse of sick leave shall constitute grounds for disciplinary action, up to and including termination. 25 73 of 98 C. Sick leave may not be used for absences due to illness or injury sustained while engaged in outside employment. D. Every employee entitled to sick leave benefits who has been employed for one (1) full fiscal year and who does not take any sick leave during that fiscal year, shall be given sixteen (16) hours pay calculated at their base rate, which payment will be made in the first full pay period in December. 34.5 Sick Leave Cash -in Employees will have the option of cashing in up to eighty (80) sick leave hours per year if the following requirements are met: (a) The employee has a minimum balance of four -hundred eighty 480 hours after the cash -in. (b) Request for cash -in must be submitted to the Administrative Services Department by the last full payroll period of each fiscal year. Payment will be made within the first paycheck issued in December. 34.6: Separation from Employment: (a) Upon separation from employment in good standing (resignation or retirement with a two-week notice or medical separation) and was hired prior to October 1, 2011, the employee is eligible to be paid for his/her accrued balance of sick leave up to a maximum of 600 hours The percentage is as follows: If separated before completing first year 0% 1 to 5 years of completed service 25% 6 to 10 years of completed service 50% 11 to 20 years of completed service 75% Over 20 years of completed service 100% (b) Upon separation from employment in good standing (resignation or retirement with a two-week notice or medical separation) and was hired after October 1, 2011, the employee is eligible to be paid for his/her accrued balance of sick leave up to a maximum of 600 hours The percentage is as follows: If separated before completing first year 0% 1 to 5 years of completed service 25% 6 years of completed service and above 50% ARTICLE 35 PERSONAL LEAVE 35.1: Eligibility — Each regular full-time member shall be entitled to twenty-four (24) working hours of personal leave per year, plus an additional eight (8), ten (10) or twelve (12) working hours based on their assignment on October 15` A Employees starting during the year will get a pro -rata portion of the personal leave hours. Those starting during the first three months of the fiscal year receive thirty-two (32), thirty-four (34) or thirty-six (36); the second three months twenty four (24), twenty-six (26) or twenty-eight (28); the third three months sixteen (16), eighteen (18) or twenty (20); and the last three months eight (8), ten (10) or twelve (12). B. Personal leave must be used by the last full pay period of the fiscal year. 26 74 of 98 ARTICLE 36 LEAVE OF ABSENCE 36.1: An employee may be granted a leave of absence with or without pay for a period not to exceed twelve months for good and sufficient reasons, which are considered to be in the best interests of the City. 36.2: Such leave shall require the prior approval of the Police Chief and the City Manager. Before such leave of absence will be granted, the employee must exhaust all vacation, compensatory time, personal leave and if appropriate, sick leave. Those employees requesting a leave of absence for medical reasons must submit a written Doctor's note stating the length of time they will be absent. 36.3: Except under unusual circumstances, voluntary separation from the City service in order to accept employment not in the City service shall be considered as insufficient reason for approval of a request for leave of absence without pay. 36A The leave of absence may be withdrawn by the City Manager, and the employee recalled to service if the need for the leave no longer exists. 36.5: An employee granted a leave of absence must submit a written status report monthly to the Police Chief advising his/her status. A copy of this written status report will be forwarded to the City Manager. Failure to comply with this requirement will result in cancellation of the leave of absence status, in which case the employee must return to duty or be terminated. 36.6: Failure of any employee to return to duty upon expiration of his leave of absence shall constitute the resignation of that employee. 36.7: Holidays, sick leave (unless its leave in accordance with FMLA), vacation leave, and any other benefits based on time spent in the employ of the City shall not accrue during a leave of absence, provided however, that the employee may maintain his health insurance program by paying the total cost of his group insurance program plus the administrative fee allowed by law. An employee on an approved leave of absence may continue to participate in the group insurance plans, provided all necessary payments of the total premiums are made by the employee. It is the employee's responsibility to keep premium payments current. The insurance premium payment must be made by the 200' of the preceding month in which it is due, If the premium payment is not made, coverage will be cancelled as of the beginning of the delinquent period. However, if coverage is cancelled, it may be reinstated upon the employee's return to active duty, consistent with the insurance plan requirements. 36.8: An employee may return from a leave of absence at the next available opening in his/her classification. An employee returning from leave of absence shall be paid at the same step of his salary grade as at the time of commencement of the leave of absence. Longevity increases, merit increases, and any other increases for which the employee may become eligible based, in whole or in part, on length of service with the City shall not be credited during any period of leave of absence in excess of thirty (30) days in any one calendar year. Said increases shall be started effective after the employee returns to active duty. 36.9 While an employee is on a leave of absence, accrual of classification seniority is suspended until the employee returns to active duty. 27 75 of 98 ARTICLE 37 GRIEVANCE PROCEDURE 37.1: In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there will be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application or interpretation of this Agreement, and grievances involving discharge, suspension, demotion, or any other adverse personnel action against an employee covered by this Agreement. 37.2: Every effort shall be made by the parties to settle every grievance as expeditiously as possible. Any grievance not answered by Management within the prescribed time limits shall automatically advance to the next highest step. Should the grieving party fail to observe the time limits as set forth in the steps of this Article, his/her grievance shall be considered conclusively abandoned. All references to days in this procedure are to calendar days, unless otherwise specified. The time limits specified in this Article may be extended by mutual agreement in writing of the parties. 37.3: Where a grievance is general in nature, in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the P.B.A. and the City, such grievance shall be presented in writing, directly to the Police Chief, Step 3, within ten (10) days of the occurrence of the event(s). If the grievance has not been settled to the satisfaction of the grievant(s), then the grievance may be appealed to the City Manager, Step 5. 37.4: Grievances shall be presented in the following manner: Step 1. The grievant(s) shall present and attempt to resolve any grievance with the immediate supervisor within ten (10) days of the occurrence of the event(s) which gave rise to the grievance or from the date on which the grievant(s) became aware of the cause of the complaint. If the event(s) which give rise to grievance occurred during the time when the grievant(s) was on vacation leave, sick leave, or other compensated leave, the ten (10) day period shall commence running immediately upon return to duty. The first step shall be on an informal and oral basis; however, the employee may arrange to have PBA representation present during the discussion. Within ten (10) days after the discussion, the immediate supervisor shall reply to the affected employee and P.B.A representative, in writing, of the decision. Step 2. If the grievance has not been resolved to the satisfaction of the covered employee at Step 1, the grievance shall be reduced to writing on the standard grievance form, attached as Appendix A, signed by the employee and presented to the next level of supervisor, the Division Commander, no later than ten (10) days after the immediate supervisor's response was rendered in Step 1. The grievance as specified in writing shall be discussed by and between the employee, P.B.A. representative if applicable and the Division Commander within ten (10) days after the request for the Step 2 grievance hearing. The Division Commander shall reply to the affected grievant(s) in writing, of the decision within ten (10) days after the close of the meeting. Step 3. If the grievance has not been resolved to the satisfaction of the grievant(s) at Step 2, the grievance may be appealed to the Police Chief no later than ten (10) days after the response was rendered in Step 2. General grievances applying to a number of employees and grievances directly from the P.B.A. may also advance to this Step, as noted in Section 37.3. The grievance as specified in writing shall be discussed by and between the employee(s) and P.B.A. representative if applicable and the Police Chief within five (5) days after the request to move the grievance to Step 3. The Police 76 of 98 37.5: Chief shall reply to the affected employee(s) and the P.B.A representative, in writing, of the decision within five (5) days after the close of the meeting. Step 4. If the grievance has not been settled to the satisfaction of the grievant(s) at Step 3, the decision may be appealed by presenting the written grievance to the Assistant Administrative Services Director — HR Manager no later than ten (10) days after receipt of the decision of the Police Chief or designee at Step 3. The Assistant Administrative Services Director — HR Manager shall conduct a meeting with the affected employee and a P.B.A. representative if applicable within five (5) days after receipt of the appeal and shall reply to the grievant(s), in writing, of the decision within five (5) days after the close of the meeting. Step 5. If the grievance has not been resolved to the satisfaction of the grievant(s) at Step 4, the decision may be appealed to the City Manager not later than ten (10) days after receipt of the Step 4 decision. General grievances applying to a number of employees and grievances directly from the P.B.A. may also advance to this Step from Step 3, as noted in Section 37.3. The City Manager shall meet with the affected grievant(s) and PBA Representative or other legal counsel within five (5) days after receipt of the grievance and shall reply to the grievant(s), in writing, within five (5) days after the close of the meeting. A. Representatives of the City and P.B.A. shall acknowledge receipt of grievances by signing and dating the form when presented or received. B. Any grievance not advanced by the grievant(s) to the next higher step within the time limits provided shall be considered settled on the basis of the answer most recently given. If the City does not answer a grievance within the time limits provided, the grievant(s) may elect to treat the grievance as denied at that step and immediately advance the grievance to the next step. C. No action or matter shall be considered the subject of a grievance unless a written complaint is made within ten (10) days of its occurrence or within ten (10) days from the time the aggrieved employee(s) became aware or by use of reasonable diligence should have become aware of the cause for complaint. The City shall not be subject to any liability for any period more than ten (10) days prior to the date the grievance was filed in writing. D. In the event the grievance involves a group of employees who do not have the same immediate supervisors, the grievance shall first be presented to the Police Chief as indicated in Step 3 of this procedure. The subsequent steps of the grievance procedure as outlined in this Article shall then apply. E. All employees shall have the right to participate in this grievance procedure without regard to membership or non -membership, except that in accordance with Florida Statues 447.401, the P.B.A. shall not be required to process grievances of non-members. In the event that a non-member files a grievance, the P.B.A. is entitled to send a representative to each step to ensure that the integrity of the Agreement is upheld. F. The P.B.A. shall have the right to initially file grievances in the third step of the grievance procedure and advance to the fifth step if they choose in any non -disciplinary matter involving the interpretation or application of this Agreement, provided however, that this right shall be strictly limited to those matters where the P.B.A. can factually demonstrate: a. That the matter is covered by a provision of the Agreement; and 'b. That the matter involves the interpretation or application of that provision; and c. The grievance does not seek to add to or subtract from any provision of this Agreement. 29 77 of 98 ARTICLE 38 ARBITRATION 38.1: If no satisfactory agreement of a grievance has been reached under the procedure in Article 37, and the grievance or dispute relates to the determination of rights and obligations conferred or created by this Agreement, and a written request for arbitration is made within fifteen (15) calendar days after the final answer in Step 5 of the grievance procedure, such dispute shall be submitted for final and binding arbitration in accordance with the following procedure. 38.2: The City and the grievant(s) shall, within ten (10) calendar days of the request to arbitrate, meet to mutually agree upon an arbitrator. In the event an impartial arbitrator cannot be mutually agreed upon, the parties may select an arbitrator from a Federal Mediation and Conciliation Service (FMCS) panel or panels of not less than seven (7) names. In the event that either party, before striking of names occurs, feels that the panel is unsatisfactory, that party shall have the right to request one (1) additional panel. Within ten (10) calendar days of receipt of the panel, the arbitrator shall thereafter be selected from the panel of arbitrators by alternate striking of names until one (1) name remains. The party who strikes first shall be determined by the toss of a coin by the City. The City will promptly notify the arbitrator of the appointment. 38.3: The arbitration shall be conducted at City facilities within the City of Sebastian and under the rules set forth in this Agreement and shall proceed as follows: 38.4: Upon notification of appointment, the arbitrator shall communicate with the parties as soon as practicable to arrange for the date and place of hearing; or, if questions of material fact are not at issue, to arrange for the joint submission of stipulations of fact and relevant documentation concerning the grievance.. 38.5: If no hearing is to be conducted, each party shall submit to the arbitrator its statement of position regarding the grievance. Prior to the date of hearing or submission of documents, the parties shall, jointly or separately, provide the arbitrator with a written statement of the issue or issues to be resolved in the arbitration proceeding. 38.6: The arbitrator shall have exclusive jurisdiction and authority to resolve grievances as defined in this Agreement. The arbitrator shall have the authority to issue subpoenas enforceable in any court of competent jurisdiction and shall administer oaths to all witnesses testifying in any proceeding. 38.7: The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. 38.8: The arbitrator shall have no power to consider or rule upon any matter which is stated in this Agreement not subject to arbitration or which is not a grievance as defined in this Agreement or which not covered by this Agreement. 38.9: Except as provided in Section 3.2, the decision of the arbitrator shall be based solely upon the evidence and arguments presented by the respective parties in the presence of each other. 38.10: Upon timely notice prior to the scheduling of hearings and when mutually agreed, the consolidation of one (1) or more grievances based upon similar circumstances for hearing and resolution before the same arbitrator shall be permitted. 38.11: The arbitrator shall render a decision not later than thirty (30) calendar days after the conclusion of the final hearing. The findings of the arbitrator made in accordance with the jurisdictional authority under this Agreement shall be final and binding on the parties. The arbitrator's decision shall be in writing and shall set forth the arbitrator's findings and conclusions on the issues submitted unless agreed in writing by the parties. 38.12: The party claiming misinterpretation or misapplication of this Agreement shall have the burden of proving its contention by a preponderance of competent evidence. O 38.13: This Agreement constitutes a contract between the parties that shall be interpreted and applied by the parties and the arbitrator in the same manner as any other contract under the laws of the State of Florida. The function and purpose of the arbitrator is to determine disputed interpretations of terms actually found in the Agreement or to determine disputed facts upon which the application of the Agreement depends. The arbitrator, therefore, shall not have the authority to change the intent of the parties as determined by generally accepted rules of contract construction. The arbitrator shall not render any decision, which, in practical or actual effect, modifies, revises, detracts from, or adds to any of the terms or provisions of this Agreement. 38.14: The costs for the services of the arbitrator shall be borne by the losing party. The parties shall bear the costs of their own representatives and witnesses. One (1) P.B.A. representative who is on duty shall be entitled to attend arbitration hearings at straight time rates. Either party desiring a transcript of the arbitration hearing shall be responsible for the cost of the transcript unless otherwise agreed to, in writing, by the parties. ARTICLE 39 PERFORMANCE RATING REVIEW The City and the P.B.A. agree that the Police Department's General Orders governing Performance Rating Review will be followed for the life of this agreement. ARTICLE 40 GROUP HEALTH INSURANCE 40.1: During the term of this Agreement (October 1, 2016 — September 30, 2019), all regular full- time employees who participate in the group insurance coverage, agree to pay twenty-five ($25.00) per month towards the premium for group insurance coverage. The City agrees to pay the remainder of the premium to provide individual group insurance coverage to all eligible employees. 40.2: In the event that the premium rate for dependent group coverage increases, the Employer agrees to notify the P.B.A. as soon as is practicable. The P.B.A. agrees that the Employer may, at its discretion, obtain substitute insurance coverage from another carrier or require each covered employee to contribute his/her pro -rata share of the increased premium cost for dependent coverage, whichever may be applicable. In the event that the carrier increases the premium rate for dependent group insurance coverage, the parties agree to abide by Sections 40.3 and 40.4 of this article. 40.3: Any eligible employee who elects to participate in the group insurance dependent coverage option plan will pay no more than sixty percent (60%) of the cost of the premium. The insurance premium may change each fiscal year based on renewal rates. The employee shall pay any additional supplemental insurance that is optional coverage to the employee. 40.4: The City will pay no less than forty (40%) of the costs of single coverage group (health only) insurance for up to two (2) years of eligible employees who leave the City after being employed by the City for twenty (20) years in a continuous full-time capacity. This means the retired employee who has 20 years of continuous service will pay no more than sixty percent (60%) of the insurance premium for single coverage. The insurance premium may change each fiscal year based on renewal rates. 31 79 of 98 ARTICLE 41 CLOTHING MAINTENANCE, EOUIPMENT AND VEHICLES 41.1: The present practice of the City's Police Department in regard to furnishing uniforms shall be continued. The City will provide the required equipment as needed at no cost to the employee. 41.2: Any employee who shall receive breakage, loss or damage to any of above listed equipment, in the line of duty, shall have such equipment replaced at no charge to the bargaining unit member. 41.3: Personal equipment which is lost, broken or damaged, in the line of duty, shall be replaced according to the following schedule; wrist watch, not to exceed replacement cost or $60, whichever is less; eyeglasses up to $200; and miscellaneous items not to exceed $100 in the aggregate. As to all items listed, each employee shall submit a detailed list of such items, including miscellaneous items, for filing with the Police Chief. Items not listed shall not be replaced at the cost of the City. When any such item is changed, it is the responsibility of the employee to amend his/her list on file with the Police Chief. 41.4: Each employee will receive $45.00 per month for uniform cleaning, unless the employee is on a leave of absence for any extended period. 41.5: The City agrees to provide take home vehicles to all bargaining unit members who have completed their field training program and are operating as solo officers. This vehicle take home program will be extended to all bargaining unit members who reside within a 20 -mile radius of the Sebastian Police Department. The Police Chief may waive the 20 -mile restriction. Police Vehicles assigned to a police officer becomes that officer's responsibility. It will be the officer's responsibility to maintain the vehicle in a clean and orderly condition and to ensure all scheduled or needed maintenance is performed. Each police vehicle shall be checked by the assigned police officer in accordance with departmental policy prior to each shift and the check -off log filed with the Shift Commander. Bargaining Unit members will be denied the use of a city take home vehicle in those instances wherein a member has been found to have violated a Department policy or due to a shortage of operable vehicles where no pool cars are available. If the bargaining unit member fails to properly maintain his or her vehicle, then the Police Chief can suspend the vehicle take home privilege of that member. If a vehicle driver finds any fault in the vehicle that might constitute a safety hazard, the driver shall immediately advise his/her Shift Commander. If the Shift Commander agrees, the vehicle will not be returned to duty until the safety hazard)s) are eliminated. 41.6: Patrol vehicles will contain equipment in accordance with Departmental Policy. 41.7: Ballistic vests will be worn in accordance with departmental policy. Ballistic vests shall be tailored to each individual officer. An officer may be excused from wearing a ballistic vest for medical reasons as determined by a physician selected by the City. ARTICLE 42 EDUCATION REIMBURSEMENT Reimbursement of education expenses by the City of Sebastian for approved educational or training programs will be in conformance with the following: 42.1 Eligibility for Participation in Tuition Payment Plan — All regular full-time employees are eligible for participation in the City's Tuition Payment Plan up to the limit of the funds available for education. This program is available only to employees who have successfully completed their one-year probationary period. 32 42.2: Tuition Payment Plan — The City of Sebastian will, upon approval of the Police Chief, the City Manager, and the City Administrative Services Director, pay tuition of regular full-time employees for any eligible training or educational program/course. An eligible training or educational program/course is one that, in the judgment of the Administrative Services Director, the City Manager, and the Police Chief, is directly related to the employee's current position or to a related higher position, and which will improve performance in a current position or which constitutes preparation for promotion to related higher responsibilities. Post graduate (ex. Master's, Doctorate, etc.) programs are not included within the tuition payment plan. 42.3: Application Procedure — An employee desiring to participate in the City's Tuition Payment Plan shall submit an application fifteen (15) working days in advance to the Police Chief requesting approval for Plan participation. If the Police Chief recommends the education program, his recommendation will be forwarded to the Administrative Services Director and the City Manager for final approval. 42.4: Course Completion — If the employee achieves a grade of "C" or better in a course which is graded -- or if the employee receives a "pass" in a course which is graded on a pass/fail basis — he/she will submit an official copy of his/her grades along with proof of his/her payment for tuition, required books, or lab fees to the Police Chief. Reimbursement for tuition shall be made in accordance with City policy for reimbursements. The employee's personnel record will be documented with his/her education achievement. Textbooks shall become City property at the completion of the course and turned over to the Police Chief or his designee. 42.5: Transportation — Transportation under the Tuition Payment Plan shall be at the employee's expense. 42.6: The reimbursement shall be available for a maximum total of twenty -for (24) semester hours or thirty-two (32) quarter hours in any one (1) fiscal year period for eligible regular employees pending budget authorization and availability of funds. The maximum tuition rate to be reimbursed for participating in the City's Tuition Payment Plan for college -level courses is that established annually by the State Legislature for state supported schools. Should an employee select to attend a non -State school, he/she is responsible for the difference in tuition. Any employee receiving a scholarship or grant for education will not be eligible for the education reimbursement funds if the funds exceed the City's tuition. 42.7: Service Requirement —Employees who are reimbursed for such courses, agree to remain employed by the City of Sebastian for at least two (2) years after completion of the course(s). Should an employee leave the City service within two years after completion of the course(s), he/she is required to return any payments to the City or it will be deducted from his/her final paycheck. 42.8: City Mandated Education Courses — If the City requires an employee to attend an educational course, seminar or conference, the City shall pay tuition, transportation, and meals and lodging in accordance with the City's Travel Policy. ARTICLE 43 HEALTH & SAFETY 43.1: CONTAGIOUS DISEASES The City shall provide each employee with vaccination series for Hepatitis at no expense to the employee. W ARTICLE 44 TRAINING 44.1: The City agrees to make a good faith effort to promote on-the-job training for the purpose of improving the performance of employees, aiding employees to equip themselves for advancement to higher positions and greater responsibilities, and improving the quality of service rendered to the public. 44.2: Where the City requires any employee to attend supervisory training and/or training in specialized techniques, the City will make every reasonable effort to facilitate the employee attending such training during his/her normal working hours. In the event the City is unable to schedule the employee to attend such training during his/her normal working hours, the employee shall be required to attend such training during his/her off-duty hours; provided, however, that the time spent by the employee in such training during his/her off-duty hours shall be compensated in accordance with Article 27 of this Agreement. Travel time shall not be compensated. 44.3: All sworn officers will be required to train and qualify with their service weapon on a semi- annual basis. A certified arms instructor shall conduct the training. The City shall furnish all ammunition and safety equipment. Any employee required to attend such training during his/her off-duty hours will be compensated in accordance with Article 27 of this Agreement. Travel time shall not be compensated. 44.4: The City may provide the employees with a library of current publications pertaining to Florida Law Enforcement. ARTICLE 45 OFF-DUTY EMPLOYMENT 45.1: Outside Employment shall be controlled by the City's Standard Operating Procedures and departmental general orders. No City uniform shall be worn or any City equipment used. A. Any employee desiring to pursue outside employment shall submit designated form to the Police Chief for approval. The Police Chief shall review and respond within a reasonable time period. ARTICLE 46 SUBSTANCE ABUSE TESTING 46.1: The City and the P.B.A. agree to abide by a Drug Free Workplace as provided for in Florida Statute. 46.2: An employee subject to drug testing for reasonable suspicion shall be placed on administrative leave with pay pending the laboratory results of the test. 46.3: Employees agree to participate in a random drug screening. ARTICLE 47 SAVINGS CLAUSE 47.1: If any article or section of this Agreement should be determined to be in conflict with any existing or subsequently enacted State or Federal legislation or judicial decision, all other articles and sections of this Agreement shall remain in full force and effect with it being presumed that the intent of the parties herein was to enter into the Agreement without such invalid portion(s). 34 6 •: 47.2: In the event of such determination, the City agrees to notify the P.B.A. of its intent to implement such change within fifteen (15) days of such notice. The P.B.A. shall have the right to appeal such determination within thirty (30) days of such notice to the appropriate court. During the time of such appeal, the City will effect no change in the Agreement until such appeal has been resolved by the appropriate court within the State or Federal Judicial System. 47.3: In the event of invalidation of any article or section, the parties agree to meet within thirty (30) days of such determination for the purpose of negotiating a replacement for such article or section. ARTICLE 48 RETIREMENT 48.1 All current benefits under the Sebastian Police Pension Plan shall remain the same for employees hired by the City prior to October 1, 2011. The City shall contribute to the Plan as required by law to ensure that the Plan is funded on a sound actuarial basis. 48.2 Employees, who were employed by the City prior to October 1, 2011, shall contribute to the Sebastian Police Pension Plan eight percent (8%) of their eligible earnings. 48.3 All employees hired on or after October 1, 2011 shall receive the current benefits under the Sebastian Police Pension Plan, except the retirement factor shall be two percent (2%). The City shall contribute to the Plan as required by law to ensure that the Plan is funded on a sound actuarial basis. A. The City shall adopt such legal measures as necessary to make the retirement factor three percent (3%) for service time accrued after October 1, 2016. B. The parties shall approve a mutual consent agreement (Exhibit 'W') to deviate from Florida Statute 185.35(1), as provided in 185.35(1)(g), to use all available premium tax revenues established under Florida Statue Chapter 185.08 toward the future cost of the increased retirement factor and certain other benefit improvements, including a DROP program, Military and time served for other employers and a COLA provision. 48.4 Employees hired on or after October 1, 2011, shall contribute five percent (5%) of their eligible earnings to the Sebastian Police Pension Plan. Upon adoption of the retirement factor of three percent (3%), their contribution shall be increased to eight percent (8%) of their eligible earnings. 48.5 Any payment made to employees, pursuant to Articles 33.2, 33.6 and 34.5, for accrued vacation and/or sick leave shall not be used in calculating pension benefits, unless those hours were accrued prior to October 1, 2011. If an employee accrued vacation and/or sick leave prior to October 1, 2011, those hours shall be calculated into the pension benefit formula, at the time of separation, in accordance with the following provisions: A. As part of the pension calculation formula, the employee's rate of pay in effect on October 1, 2011 shall be the hourly wage factor. B. As part of the pension calculation formula, provisions from Articles 33 and 34, which govern maximum vacation and/or sick leave accruals, shall be in effect for potential benefit accruals. C. Vacation and/or sick leave accruals eligible for the pension calculation shall be capped at an amount equal to eligible accruals as realized by the employee on October 1, 2011 or the accruals paid upon termination, whichever is less. Should vacation and/or sick leave accruals decrease below the capped amount, accruals used for the pension calculation shall not increase and the lower accrual amount will be used in the pension calculation formula. 35 D. Exhibit `B" represents the eligible and capped vacation and/or sick leave accruals that may be used in the pension calculation formula. The chart shall be updated on an annual basis or upon retirement to ensure an accurate pension benefit calculation. Only employees listed in Exhibit `B" shall be eligible to apply accruals in the pension benefit formula. 36 ARTICLE 49 DURATION OF AGREEMENT, DATES 49.1 This Agreement shall become effective upon the date of ratification by the parties, and shall remain in full force and effect until 12:00 midnight on September 30, 2019. 49.2 All terms and conditions last in effect at the expiration of this agreement shall be automatically renewed from year to year thereafter unless either party has given written notice to the other on or before July 15`h of any year in which the Agreement may expire. IN WITNESS WHEREOF, the parties hereto have set their hands, this day of , 2016. COASTAL FLORIDA CITY OF SEBASTIAN, FLORIDA POLICE BENEVOLENT ASSOCIATION By: Kimberly Kilpatrick, President Al Boettjer, Chief Negotiator By: Kenneth McDonough, CFPBA Rep By: Jason Mills, CFPBA Rep Approved as to form and content: By: Joe Griffin, City Manager J. Michelle Morris, Police Chief By: Kenneth W. Killgore, Administrative Services Director By: Cynthia R. Watson, Human Resources Manager Attest: 37 Jeanette Williams, City Clerk Robert Ginsburg, City Attorney EXHIBIT "A" MUTUAL CONSENT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. (P.B.A.) Be it hereby known that the City of Sebastian and Coastal Florida Police Benevolent Association, Inc. (P.B.A.), the Parties, have executed this Mutual Consent Agreement in compliance with provisions of Florida Statute 185.35(1)(g), permitting deviation from provisions of Florida Statute 185.35(1) by mutual consent of the Parties. Such mutually agreed deviation shall continue until modified or revoked by subsequent mutual consent of the City of Sebastian and Coastal Florida Police Benevolent Association, Inc. (P.B.A.). Whereas the Police Pension Plan continues to meet minimum benefits and minimum standards and the City intends to consider implementing certain improvements to the benefits provided by the Police Pension Plan, the Parties hereby consent to using all available premium tax revenues' established under Florida Statue Chapter 185.08 toward the future costs of said benefit improvements. Furthermore, the parties recognize that those revenues shall not be used to fund defined contribution plan component benefits. IN WITNESS WHEREOF, the Parties hereto have set their hands, this day of , 2016. COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION LN LE LE Kimberly Kilpatrick, President Al Boettjer, Chief Negotiator Kenneth McDonough, CFPBA Rep Jason Mills, CFPBA Rep Approved as to form and content: Robert Ginsburg, City Attorney CITY OF SEBASTIAN, FLORIDA Attest: Joe Griffin, City Manager J. Michelle Morris, Police Chief Kenneth W. Killgore, Administrative Services Director Cynthia R. Watson, Human Resources Manager Jeanette Williams, City Clerk This information is intentionally left blank • cinuaie vacation Accruals - maximum of two (2) years of annual leave based upon years of service. Article 33.2A) '• Fliaible Sick Accruals - percentage based upon years of service, not to exceed 800 hours.(Article 34) of the and the current accruals. Senate Bill made changes to all Florida's local government defined benefit retirement plans wt'ye numose� only, and. J�l je undated as required. Accruals _ - f_or _ jh j j —--- - -- g _ g p t amendments to the Mun ci al Police Ufticers' Retirement Trust Fund plans operating under chapters 175 and 185. Governor Scott signed this bill into law on June 23, 2011, 1 f II The Law - Payments for accrued unused vacation or sick leave accrued with service earned before July 1. 2011 may still be included in the compensation for pension purposes. N:\Ken Killgore\Police Pension\Eligible Retirement Calculation Accruals 08 20 16 Total Accrual Allowed for Retirement Calculation Exhibit "B" - Article 48 - Retirement Accruals Worksheet as of I I 7/1/2011 I Eligibility- –� l _ _ Normal Retirement - Age 55 and the comp etion of 10 years of credile service or age 51 and- to completion of '1 years o credited service. Earlv Retirement - Age 50 and the completion of 10 years of credited service E13Q(ble Updated "•Cappped "Eligible Updated I "'Capped Years of Hourly Vacation Vac'tion Vacation �/acatlon Sick Sick Sick I Sick Hire Service Salary Accrual Accural f ccrual Accrual Accrual % of Accural Accural f Accrual First Name Last Name Date I 7!1/2011 711/2011 7/1/2011 7/1/2011 8/20/2016 812012016 7/1/2011 Sick 7/1/2011 8/20/2016 1 8120/2016 This information is intentionally left blank • cinuaie vacation Accruals - maximum of two (2) years of annual leave based upon years of service. Article 33.2A) '• Fliaible Sick Accruals - percentage based upon years of service, not to exceed 800 hours.(Article 34) of the and the current accruals. Senate Bill made changes to all Florida's local government defined benefit retirement plans wt'ye numose� only, and. J�l je undated as required. Accruals _ - f_or _ jh j j —--- - -- g _ g p t amendments to the Mun ci al Police Ufticers' Retirement Trust Fund plans operating under chapters 175 and 185. Governor Scott signed this bill into law on June 23, 2011, 1 f II The Law - Payments for accrued unused vacation or sick leave accrued with service earned before July 1. 2011 may still be included in the compensation for pension purposes. N:\Ken Killgore\Police Pension\Eligible Retirement Calculation Accruals 08 20 16 Total Accrual Allowed for Retirement Calculation CITY OF SEBASTIAN POSITION CLASSIFICATIONS AND PAY SCALE - PBA - SWORN OFFICERS 2016-2017 CLASSIFICATION POSITION MINIMUM MIDPOINT MAXIMUM PD51 Officer $40,608.00 $54,552.78 $71,348.25 Detective PD52 Sergeant $51.356.68 $68.992.56 $90,233.68 am _ - HOME OF PELICAN ISLAND — HOURLY HOURLY HOURLY MINIMUM MIDPOINT MAXIMUM $19.5231 $ 26.2273 $34.3020 $24.6907 $ 33.1695 $43.3816 CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: 19 September 2016 AGENDA ITEM TITLE: Resolution to Adopt a Tentative Millage of 3.8556 for Calendar Year 2016. RECOMMENDATION: Consider Resolution R-16-23 Adopting a Tentative Millage of 3.8556, which is 5.06% higher than the "Rolled -Back Rate." BACKGROUND: In accordance with Florida Statute 200.065 (7)(a)(1.), the City Council is required to tentatively adopt a millage rate for calendar year 2016 and budget year beginning October 1, 2016 and ending September 30, 2017 at the first public hearing in which the budget is presented. Staff is recommending the tentative millage be set at the same 3.8556 rate as last year. We believe this to be the best way to: 1.) continue funding to supplement street resurfacing work; 2.) relieve Local Option Gas Tax and CRA Funds from payments for street lighting, janitorial and landscaping services; 3.) continue funding to address lagoon improvements; and allow for the negotiated personnel cost increases. The Citizen's Budget Review Advisory Board is in agreement with this recommendation to set the millage at 3.8556. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: N/A The Recommended Budget Document will be updated on the City's Website before the 19 September 2016 Special Council meeting. Administrative Services Department Review: ATTACHMENTS: 1. Resolution R-16-23 City Manager Authorization: Date: 13 September 2016 RESOLUTION NO. R-16-23 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A TENTATIVE MILLAGE OF 3.8556 MILLS FOR THE CALENDAR YEAR 2016; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. MILLAGE RATE LEVY. There is hereby proposed to levy an Ad Valorem Tax of THREE POINT EIGHT FIVE FIVE SIX (3.8556) MILLS against all real and tangible personal property for the calendar year (January 1, 2016 through December 31, 2016) and the resulting tax revenue is to be appropriated for the General Operating Fund of the City of Sebastian for the fiscal year beginning October, 1, 2016 and ending September 30, 2017. Section 2. ROLLED -BACK RATE. The tax rate established in Section 1. is 5.06% higher than the computed "rolled -back" tax rate of 3.6700 mills. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Jerome Adams Councilmember Andrea B. Coy Councilmember Richard Gillmor Councilmember Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted this 191' day of September 2016. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor Approved as to form and legality for the reliance by the City of Sebastian only: Robert Ginsburg, City Attorney CRY OF I;EBAS-TIA HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: 19 September 2016 AGENDA ITEM TITLE: Resolution to Adopt a Tentative Budget for Fiscal Year 2016-17. RECOMMENDATION: Consider Resolution R-16-24 Adopting Tentative Fiscal Year 2016-17 Budget. BACKGROUND: Staff has compiled a balanced Recommended Budget for Fiscal Year 2016-17 that assumes a millage being set at the same 3.8556 rate as the prior year. Over the past several months, Staff has presented our budget recommendations to the Citizen's Budget Review Advisory Board, Planning Board, and City Council. We believe that funding is sufficient in amounts necessary to meet those needs that are important to address over the next fiscal year. The Citizen's Budget Review Advisory Board is in agreement with the recommended millage and budget. A more complete copy of the recommended budget is being made available on the City's website. Schedule "A" of the Resolution summarizes the budget. The required public hearing and adoption of the final millage and budget is scheduled for the regular City Council meeting on 28 September 2016. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: N/A Staff's Proposed Budget Document will be on the City's Website before the 19 September 2016 Special Council meeting. Administrative Services Department Review: l ` W . t ,o•< ATTACHMENTS: City Manager Authorization: Date: 13 September 2016 Resolution R-16-24 with Exhibit "A". 91 of 98 RESOLUTION NO. R-16-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE TENTATIVE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a Proposed Budget for the City of Sebastian for the fiscal year beginning October 1, 2016, and ending September 30, 2017; and WHEREAS, on September 19, 2016, the City Council has conducted a Public Hearing on the Tentative Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The Tentative Budget is hereby adopted for the Fiscal Year beginning October 1, 2016 and ending September 30, 2017, subject to final hearing on September 28, 2016. Section 2. The amounts shown on the attached Schedule "A" is appropriated out of the Treasury of the City, including any revenues accruing to the City available for purposes of the City's budgetary accounts. Section 3. The City Manager shall be authorized and directed to proceed with the implementation of the service programs and projects provided for in the budget. Such implementation is to be consistent with the provisions of the City Code of Ordinances and policies established by the City Council. Section 4. The City Manager shall be authorized to make budget adjustments within budgetary accounts, as he deems appropriate. He shall be further authorized to make budget adjustments between budgetary accounts when necessary to implement programs, projects, and expenditures authorized by the City Council. All other budgetary adjustments will require prior approval by the City Council. 92 of 98 Section 5. If any clause, section, or other parts of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Resolution. Section 6. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Resolution shall become effective upon passage. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Jerome Adams Councilmember Andrea B. Coy Councilmember Richard Gillmor Councilmember Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted this 19th day of September, 2016. LON ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor Approved as to form and legality for the reliance by the City of Sebastian only: Robert Ginsburg, City Attorney 93 of 98 ATTACHMENT TO RESOLUTION R-16-24 SCHEDULE "A" BUDGET SUMMARY FISCAL YEAR 2016/2017 GENERAL FUND REVENUES: 001501 Taxes and franchise fees $ 7,926,530 001501 Licenses and permits 139,500 001501 Intergovernmental 2,519,300 001501 Charges for services 321,102 001501 Fines and forfeits 55,000 001501 Miscellaneous 270,123 001501 Transfers in 660,000 Total Revenues $ 11,891,555 EXPENDITURES: 010001 City Council $ 53,889 010005 City Manager 351,843 010009 City Clerk 188,919 010022 Audio Visual 121,939 010010 City Attorney 101,720 010020 Administrative Services 487,476 010021 Management Information System 233,201 010041 Police Administration 724,996 010043 Police Operations 2,598,252 010047 Police Detective Division 794,027 010049 Police Dispatch Unit 581,361 010045 Code Enforcement Division 166,499 010051 Engineering 534,121 010052 Roads and Maintenance 591,718 010053 Stormwater Utility 923,036 010054 Fleet Management 240,448 010056 Facilities Maintenance 265,037 010057 Parks and Recreation 925,284 010059 Cemetery 147,816 010080 Community Development 267,729 010099 Non -departmental 1,220,697 Unappropriated 371,547 Total Expenditures $ 11,891,555 ATTACHMENT TO RESOLUTION R-16-24 SCHEDULE "A" BUDGET SUMMARY FISCAL YEAR 2016/2017 SPECIAL REVENUE FUNDS 95 of 98 2 LOCAL OPTION GAS TAX FUND 120010 REVENUES Taxes $ 665,600 Miscellaneous 12,629 Transfers in 200,000 Appropriation from prior year 209,509 Total Revenues $ 1,087,738 120051 EXPENDITURES Operating $ 95,103 Debt service 242,635 Transfers out 750,000 Total Expenditures $ 1,087,738 DISCRETIONARY SALES TAX FUND 130010 REVENUES Taxes $ 3,004,788 Miscellaneous 27,418 Total Revenues $ 3,032,206 130051 EXPENDITURES Transfers out $ 1,774,800 Unappropriated 1,257,406 Total Expenditures $ 3,032,206 RECREATION IMPACT FEE FUND 160010 REVENUES Impact fee $ 135,200 Miscellaneous 2,112 Restricted cash balance carryforward 137,688 Total Revenues $ 275,000 160051 EXPENDITURES Transfers out $ 275,000 Total Expenditures $ 275,000 STORMWATER UTILITY FUND 163010 REVENUES Stormwater utility fee $ 993,000 Miscellaneous 3,875 Transfers in 100,000 Restricted cash balance carryforward 63,125 Total Revenues $ 1,160,000 163051 EXPENDITURES Operating $ 20,000 Transfers out 1,140,000 Total Expenditures $ 1,160,000 95 of 98 2 ATTACHMENT TO RESOLUTION R-16-24 SCHEDULE"A" BUDGET SUMMARY FISCAL YEAR 2016/2017 SPECIAL REVENUE FUNDS - CONTINUED 96 of 98 3 PARKING IN -LIEU -OF FEE FUND 190010 REVENUES Miscellaneous $ 19,837 Total Revenues $ 19,837 190051 EXPENDITURES Unappropriated 19,837 Total Expenditures $ 19,837 LAW ENFORCEMENT FORFEITURE FUND 190010 REVENUES Fines and forfeits $ 1,000 Miscellaneous 145 Total Revenues $ 1,145 190051 EXPENDITURES Unappropriated $ 1,145 Total Expenditures $ 1,145 COMMUNITY REDEVELOPMENT AGENCY FUND 163010 REVENUES Tax Increment - Sebastian $ 183,747 Tax Increment - Indian River County 162,610 Miscellaneous 37,322 Total Revenues $ 383,679 163051 EXPENDITURES Operating $ 137,087 Grants and Aids 234,500 Unappropriated 12,092 Total Expenditures $ 383,679 DEBT SERVICE FUNDS DISCRETIONARY SALES SURTAX REVENUE BONDS 230010 REVENUES Miscellaneous $ 1,591 Transfers in 352,927 Restricted cash balance carryforward 356,036 Total Revenues $ 710,554 230051 EXPENDITURES Debt service $ 710,554 Total Expenditures $ 710,554 STORMWATER UTILITY REVENUE BONDS 263010 REVENUES Miscellaneous $ 112 Transfers in 402,963 Restricted cash balance carryforward 57 Total Revenues $ 403,132 263051 EXPENDITURES Debt service $ 403,132 Unappropriated - Total Expenditures $ 403,132 96 of 98 3 ATTACHMENT TO RESOLUTION R-16-24 SCHEDULE "A" BUDGET SUMMARY FISCAL YEAR 2016/2017 CAPITAL PROJECTS FUNDS REVENUES Transfer from General Fund $ 25,000 Transfer from Discretionary Sales Tax fund 988,910 Transfer from Local Option Gas Tax fund 840,000 Transfer from Recreation Impact Fee Fund 275,000 Transfer from Riverfront CRA Fund - Transfer from Stormwater Fund 400,000 Transfer from Cemetery Fund 55,000 Transfer from Building Fund 165,000 Grants/Bank Note 668,972 Total Revenues $ 3,417,882 EXPENDITURES Transportation $ 1,981,882 Recreation facilities projects 440,000 Stormwater Improvements/Physical Environment 400,000 Public Safety 401,000 General Government 195,000 Total Expenditures $ 3,417,882 ENTERPRISE FUNDS GOLF COURSE FUND 410010 REVENUES: Charges for services $ 1,338,960 Miscellaneous revenues 18,463 Transfer from Building Fund 480 165,000 Restricted cash balance carryforward - Total Revenues $ 1,522,423 EXPENSES: GOLF COURSE ADMINISTRATION 410110 Personal services $ 278,734 Operating expenses 317,138 Transfer to Golf Course Capital Fund 165,000 Unappropriated 33,939 Total Administration $ 794,811 GOLF COURSE GREEN DIVISION 410120 Operating expenses $ 558,232 Interest on Building Fund Loan 5,527 Total Golf Course Green Division $ 563,759 GOLF COURSE CARTS DIVISION 410130 Personal services $ 103,547 Operating expenses 2,900 Debt Service on Bank Note 57,406 Total Golf Course Carts Division $ 163,853 Total Golf Course Expenses $ 1,522,423 97 of 98 4 ATTACHMENT TO RESOLUTION R-16-24 SCHEDULE"A" BUDGET SUMMARY FISCAL YEAR 2016/2017 AIRPORT FUND 450010 REVENUES Charges for services $ 417,406 Miscellaneous revenues 14,200 Total Revenues $ 431,606 450110 EXPENSES: Personal services $ 203,827 Operating expenses 179,074 Debt service 24,500 Transfer out 10,000 Unappropriated 14,205 Total Expenses $ 431,606 BUILDING DEPARTMENT 480010 REVENUES Charges for services $ 744,400 Miscellaneous revenues 35,820 Restricted cash balance carryforward - Total Revenues $ 780,220 480110 EXPENSES: Personal services $ 454,131 Operating expenses 124,470 Transfer to Golf Course Fund (Loan) 165,000 Unappropriated 36,619 Total Expenses $ 780,220 TOTAL BUDGET SUMMARY GENERAL FUND $ 11,891,555 SPECIAL REVENUE FUNDS 5,959,605 DEBT SERVICE FUNDS 1,113,686 CAPITAL PROJECT FUNDS 3,417,882 ENTERPRISE FUNDS 2,734,249 TOTAL BUDGET FOR ALL FUNDS $ 25,116,977 5