The URL can be used to link to this page

Home My WebLink About02-28-2023 Union MinutesCITY OF SEBASTIAN INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO LOCALS 6064 AND 6056 WAGE ARTICLE NEGOTIATIONS MINUTES OF THE MEETING FEBRUARY 28, 2023 Present: Nicholas Voglio, Union Representative, Locals 6054 and 6056, International Union of Police Associations, AFL-CIO Paul Carlisle, City Manager, City of Sebastian Cynthia Watson, Human Resources Director, City of Sebastian Manny Anon, Jr., City Attorney Joseph Vergnaud, Cemetery Supervisor Kim Maison, Accountant Dave Hamp, Construction Joseph Perez, Help Desk Technician Janet Graham, Technical Writer (ON THE RECORD AT 1:32 P.M.) Mr. Carlisle began the meeting at 1:32 p.m. Those present at the meeting introduced themselves. Mr. Carlisle stated he went back to Council and caucused, and he will be going through the most recent draft of the union contract. He does not expect an answer today, but he asked Mr. Voglio to give the City a time certain when he can at least send us a written response back to these negotiations. Below are the articles that contained changes or were tabled. Article 1 -- IUPA Recognition -- Mr. Carlisle stated that Attorney Anon provided the updated titles to the union representatives. If there are any changes, the City will amend it. Article 7 -- Hours of Work and Overtime -- Contains changes. (see attached) Article 8 -- Seniority/Layoff/Recall — Contains changes. (see attached) Article 9 -- Miscellaneous Leave Subsection 9.6 -- Mr. Anon will make some minor changes. Article 10 -- Sick Leave — The City is going to institute short-term disability, but that is not going to be part of the contract. It will be treated as another benefit. Mr. Carlisle stated that it has not been decided whether it is going to be a cost share. The City is looking into it. PAGE Article 11 — Vacation Leave -- Contains changes (see anached) Article 14 -- Promotions, Transfers, and Adjustments -- Some language will be changed. Mr. Carlisle stated that the City is going to reinstitute some type of a bonus program for exceptional work by an employee. This is not going to be part of the contract. Article 17 — Performance Evaluations -- Contains one change. (see anached) Article 18 — Safety — Contains changes. (see anached) Article 20 — Salary — Contains changes. (see aV ched) Article 21 — Substance Abuse Testing -- Subsection 21.3 — Mr. Anon will research what the City's policy is, and the language may be changed. Article 22 — Uniforms -- Contains changes (see avac ed) Article 24 — Classification and Compensation Plan/Longevity Award -- Contains changes. Mr. Voglio asked that the meeting end at this point so that he can take the edited copy of the contract back to the union members. Mr. Carlisle asked that Mr. Voglio send him a list of the changes that the Union wishes to make. He will then take them to City Council. Mr. Voglio added that from March 12' to the 191h he will be out of the country. There being nothing further, the meeting ended at 2:10 p.m Ee For Meeling 2/28/23 0 ME CITY OF SE�'N T HOME OF PELICAN ISLAND COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN and INTERNATIONAL UNION OF POLICE ASSOCIATIONS AFL-CIO LOCAL 6054 & LOCAL 6056 October 1, 2022 — September 30, 2025 TABLE OF CONTENTS ARTICLE TITLE Page Agreement 3 Preamble 3 1 IUPA Recognition 3 Position Classification 4 Equal Employment Opportunity/AA 4 2 Management Rights 5 3 Bargaining Unit Representation 5 4 Dues Deduction 5 5 Rights of Employees 6 6 No Strike 7 7 Hours of Work and Overtime 7 8 Seniority/Layoff/Recall 10 9 Miscellaneous Leave 12 10 Sick Leave 16 11 Vacation Leave 18 12 Grievance Procedure 20 13 Holidays 22 14 Promotions, Transfers and Adjustments 23 15 Group Insurance 25 16 Retirement Contribution 26 17 Performance Evaluations 27 18 Safety 29 19 Disciplinary Action 31 20 Salary 32 21 Substance Abuse Testing 32 22 Uniforms 32 23 Education Reimbursement 33 24 Classification and Pay Scale 34 25 Secondary Employment 35 26 Severability 35 27 Counseling 35 28 Term of Agreement 36 Appendix A Grievance Form 37 Appendix B Application for Membership 38 Appendix C Classification and Pay Scale 39 AGREEMENT Section I This Collective Bargaining Agreement ("Agreement') is entered into by the City of Sebastian, Florida ("City" or "Employed and the International Union of Police Associations ("IUPA'I, Certification Number 2040 and Certification Number 2041, and bas as its purpose the promotion of harmonious relations between the City and IUPA; the establishment of an equitable and peacefiil 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 Upon the effective date of this Agreement it shall supersede aid supplant that certain Agreement between the City and P.E.A. expiring September 30, 2022 and any supplemental agreements, thereto or thereunder. Section 3 Throughout this Agreement masculine gender pronoun shall be read to include feminine gender whereappropriate. 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 IUPA RECOGNITION (fabled) The City recognizes the IUPA as being certified by the lutemntional Union of Police Associations, AFL C'l(l and as such is the sole and exclusive bargaining agent, for those full-time and pin -time (excluding temporary and seasonal employees) hourly employees working within the unit, for life purpose of negotiating matters of wages, boors and outer 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 ('fabled) 911 Emergency Dispatcher Supervisor 911 Emergency Dispatcher (PD) Accountant Accounting Clerk I Accounting Clerk 11 Accreditation/Records Supervisor Administrative Assistant (All Departments) Administrative/Zoning Technician Airport Maintenance I (PT) Assistant Cemetery Sexton Assistant Golf Professional (PT) Associate Planner (Admin/7oning'1'ech) AV Technician (PT) AV Technical Analyst (PT) Building Inspector I Building Inspector 11 Business Tax License Specialist Cashier (PT) Cemetery Supervisor/Sexton Chief Building Inspector Clerical Assistant I (PT/FT) Clerical Assistant H (PT/FT) Code Enforcement Officer Construction Specialist Code Enforcement Specialist COPE Specialist (PT PD) Crime Analyst Crime Scene Evidence Supervisor Crime Scene Evidence Technician (PT) Environmental Planner Facilities Foreman Facilities/Airport Maintenance Worker 11 Golf Course Cart Attendant (PIP) Help Desk Tech/Administrative Assistant Help Desk Technician Junior Planner (Planner) Lead Mechanic/Garage Supervisor Logistics Specialist ((PT PD) Maintenance Worker 1 Maintenance Worker II Maintenance Worker 111 Mechanic MIS Technician Parks Maintenance Supervisor Permit Technician Records Specialist I Records Specialist It Recreation Supervisor Roads Assistant Superintendent Special Events Coordinator/MW III Stormwater Utility Inspector Tennis Court Attendant (PT) Traffic Technician I Tragic Technician 11 EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION The City and IUPA 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. 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 disputes informally within the Department before any formal complaint is filed. Nothing in this contract will supersede the following • The Fair Labor Standards Act • Title VII of the Civil Rights Act of 1964, as amended, or by applicable state or local law; • Title I and Title V of the Americans with Disabilities Act of 1990, as amended or by applicable state or local law and the Rehabilitation Act of 1973, as amended, or by applicable state or local law • The Age Discrimination of Employment Act of 1967, as amended or by applicable state or local law; • The Equal Pay Act of 1963, as amended or by applicable state or local law; • Title II of the Genetic Information Nondiscrimination Act of 2008, or by applicable state or local law; • Marital status or lawful political affiliation as prohibited under Federal Law and Florida Statutes or applicable local law. 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 farjust 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/BULLETIN BOARDS 3.1: The City agrees to provide suitable bulletin board space on existing or new bulletin boards in convenient places for posting of official RIPA notices to its members and to other covered employees. The City also agrees to allow the WA the use of the City's e-mail for these notices. No scurrilous, defamatory, or otherwise objectionable material will be posted or mailed. The parties agree that the usage of such bulletin boards and mails 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 amouncements shall be submitted to the -14R Director or designee, before they are posted. All notices shall be signed by a duty authorized IUPA representative. 3.2: The City agrees to allow up to three (3) Representatives for the General Employees and one (1) Representative for the Supervisory Employees of the IUPA who are on duty at the time negotiations take place with the City and the IUPA, time away from their regular dutiestshift 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 Employee's Supervisor. 3.3. The City will permit the R1PA to maintain an official mailbox at various work sites. The mailboxes will be provided by the IUPA. Mail delivered to these mailboxes will be delivered unopened. 3.4: The City will allow the IUPA 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. The Employer agrees to deduct the regular dues of the RIPA from the employee's pay bi-weekly (twenty six (26) times per year) basis for so long as the IMA remains the certified bargaining agent for the employees within the unit. Such dues will be mmitted promptly to the home office of the IUPA Bargaining Unit. The "A 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. 42: Revocation of dues will be processed through the IUPA, but in the event of direct revocation, the "A will be notified as soon as is practicable. All persons currently on dues deduction shall continue without further authorization. 4.3: The IUPA agrees to indemnify and hold harmless the Employer, its agents, employees and officials from and against my claims, demands, damages or causes of action (including, but not limited to, claims, etc., based upon clerical or accounting errors caused by negligence) of my nature whatsoever, assured by my person, firm or entity, based upon or related to payroll deduction of the IlJPA dues. The IUPA agrees to defend, at its sole expense, my such claims against the Employer or its agents, employees, and officials. The term "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, from, penalties, or special assessments of the lUPA 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 WPA. ARTICLE 5 RIGHTS OF EMPLOYEES 5.1: The City and the IUPA 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 the RJPA representation in any discussion between the employee and representatives of the City in which the employee has reasonable grounds to fear that the interview is investigatory and may result in disciplinary action being token against the employee. 5.2: The employee must sign all documents (i.e., Performance Reviews, Disciplinary Action, etc.) that are placed in the employee's personnel file whether the employee agrees or disagrees with the document to signify the employee has seen and discussed said document. If the employee does not sign the document they will be subject to disciplinary action up to and including termination. 5.3: 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 famish the news media or public with any employee's personal information, (i.e, home address, date of birth, telephone number, photograph, etc.), and/or personnel records as required per Florida Statute 119 as amended without the employee's consent. 5A: The lUPA Locals agree not to directly or indirectly famish 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. 5.5: The lUPA members are entitled to be represented by the RJPA 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 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 pan 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 IUPA recognizes that strikes by public employees are prohibited by Article 1, Section 6, of the Florida Constitution and Section 447.505, Florida Statutes. IUPA agrees not to authorize, instigate, or otherwise suppon a strike, as defined in Section 6.1 above. 6.3: The IUPA 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 IUPA 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, IUPA shall promptly and publicly disavow such unauthorized conduct and to lake 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, slate or federal law, e.g., honking of homs, etc. ARTICLE 7 (Tablet 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) 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 pan -time employees shall consist of those hours they arc 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 unohal I t 1 21 hour meal break. Meal breaks may not be at a set standard time. They will be based on work flow and are at the discretion of the Department Head or their designee. Meal breaks sum from the time mr employee slops work al the juh site w the lime they return to performing work. 'Phis includes any travel time. Employees will also he entitled to two (2) paid fifteen (15) minute work breaks one in the morning and one in the afternoon. Breaks shall be lakes at thcjob site or work area and discs not pennil Irn 0. Breaks may not be at a set standard time. They will be based on work flow and the discretion of the Department Head or their designee. Employees will be paid for an eight (8) hour day. In order to be entitled to the 30 minute one hour paid lunch. the employee must have worked fora and a half (4.5) hours of their shift. Hours of Operation I. 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. (If Administrative employees lake a one hour lunch. they will work 8:00 a:m. to 5,00 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. (a) 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 or to extend the lunch break. (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 seemed vacation, personal, or compensatory time, (if earned) to leave work for the remainder of the day. 7.2: Communications Division: (fabled) (a) 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 Department Head or designee. 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) The Communications Division will be allowed to earn comp time instead of overtime when earned as a result of their regular work schedule and comp time can be used to offset the hour shortages during the 40 hour work week. To conclude, comp time will be approved leave and will be considered time worked for overtime computation for the Communications Division only. (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°/n) of their regular hourly rate of base pay for each hour worked. (d) A 911 Dispatcher who is performing training will be paid an extra $3.00 per hour for all hours they are actually providing in-house instruction and not on leave. (a) 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. 7.3: Overtime: (fabled) (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 [be rate of one and one-half (1 %) times the hourly wage of the employee, or by compensatory time off at the rate of one and one-half (1-1/2) (tours for each hour worked over forty (40) hours in any one workweek. (c) The Fair Labor Standards Act (FLSA) states that unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate of time and one-balf their regular ones of pay. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days. The Act applies on a workweek basis. It need not coincide with the calendar week but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or group of employees. 14H•+heyxrryaee-r.1+rHiPte<emrnrtetiexlimeapproved le~Avidrira"i i{u% `r-IcamrFwiiFAe-eaa.,idered-as time-wuked: (d) Emergency closure hours will be considered time worked for the purpose of computing overtime. (e) I . If an employee has acemed camed 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 -Roe va"pie+-a ui Ninwo-af- "uad iwmpeasauuy-+iu..� s Unused accrued compensatory time will be convened to the anpinvce's:curtent hourly rate of pay at the end of each quarter and added to their first pay check the following month. Any unused accrued Compel s: W[I lime remaining will he paid out at Ihcir current rate or pay at the last pay period of the 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. (t) 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 cant compensable overtime. The employee may elect to flex time within the same day or seven (7) day workweek; however it is at the sole discretion of the Department Head or their designee. (g) Department Head or their designee will have the right to schedule overtime based on the workload. Employees shall be required to work overtime when assigned unless excused only by the Department Head or their designee. Any employee who desires to be excused from an overtime assignment shall submit to their Department Head or their designee a written request to be excused. In the event that the Department Head or their designee 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. (it) 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. 7.4: Call-0ut/Desienated On -Call (a) Call-oul -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 10 accmal rate. The maximum travel time paid is 30 minutes. (b) When an employee is assigned to attend a meeting or perform work immediately following or preceding his/her normal work day, the employee shall be entitled to a minimum of fifteen (15) minutes pay at the overtime or compensatory time accrual rate, if applicable, and shin differential if appropriate. Hours in excess of forty (40) hours per week will be paid at the overtime or compensatory time accmal rate of time and one-half (1 'k) the employee's regular hourly rate of pay. (c) Designated On -Call (Excludes Communications 911 Department) - When the Department Head or their designee designates an employee to be on call, the employee must respond within 30 minutes one hour except in extenuating circumstances. The employee will receive $1.00 per hour for being on -call. The maximum travel time paid is 30 minutes. Thi, sl,wio, pertains to !he aeilikies,Waieuennru.e: ARTICLE 8 SENIORITY/LAYOFF/RECALL (Tabled) 8.1: Definitions: (a) City seniority is the total cumulative length of uninterrupted regular full -lime or regular part-time employment (date of hire) 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 pan -time service by an employee in the same jab classification. (c) City seniority which is from the date of hire shall apply for the purposes of layoff, vacation computation, service awards, or other matters based upon length of service. 8.2: Accrual of Seniority: (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) Employees who tire promoted or transferred shall be placed in it probntimurry snausfor the first ninety (90) days. (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 Seniority: 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; in 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. IUPA and the affected employees) shall be notified in writing not less then sixty 60 calendar days prior to the effective date of such lay-off. (c) 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. (d) 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, pan -lime, or temporary employee remains employed in the same job classification. (e) Permanent, regular full-time employees who receive a notice of layoff shall have the right, in accordance with their seniority, to transfer or downgrade (commonly known as "bumping") or to take the layoff. Bumping shall only be permitted in the event of layoff, in accordance with the following procedure: (1) Management shall identify, the position(s) that may be bumped within five (5) business 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 rive (5) business days, from the date their options are explained, to notify management whether they desire to bump or take the layoff. (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 lake a 3% per Garde not to exceed nine (9%) percent reduction in pay. In no case will the employee be paid mom than the maximum rate of the lower classification. if) Probationary employees shall have no bumping rights. An employee who is in a probationary status as of the date of notice of the layoff, 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 pan -time employees may only bump other pan -time employees. 12 (h) Exempt employees cannot bump into the bargaining unit unless they held a bargaining unit position within the past I year of the effective date of such layoff. I 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 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) business 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 a s 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 that they are qualifier) to perform: When an employee returns to a position of a lower pay grade, he or she will take a 3% reduction in pay. 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) Bereavement Leave is to provide paid time off for absences related to the death of an immediate family member. 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/grandparent-in-law, grandchild, or any relative who is domiciled in the employee's household. (b) The Department Head or their designee will approve Bereavement Leave. (c) Paid Bereavement Leave will be granted according to the following schedule: (I) 3 Consecutive Days in State of Florida; (2) 5 Consecutive Days out of Slate commensurate with scheduled shift hours (Not to exceed 40 hours); (3) Part-time employees receive 2 consecutive work Days (based upon their scheduled work hours); (4) All Paid Bereavement Leave must be taken within 14 consecutive calendar days of the death. (d) 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 13 leave, personal leave or, if no leave is accrued, to leave without pay. (e) 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, Human Resources 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 request for Bereavement Leave -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 Human Resources Director. (f) For non -immediate family, employees have the option to use seemed 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 a 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 (fobledj (n) Any employee who is required to appear as a witness resulting from the perlitmlmtce of his duties with the ('ilv shall be entitled to the following: ( I ) Regular [';IN,, I called ut testify during regularly scheduled hours; (2) A III itiiIII mt oI IIIcc (3) hours at one and one-half (14S) limes the employee's base rote olpgv it Called In testily outside the employee's regular hours of %%ork; (3) Inauelt cases, the cinpinyce will be required to assign the witness fee to the Cily. Employees attending court on behalf of the City, or any other public jurisdiction during their normal working hdurs shall receive leave kith pay for [lie hours they travel to and from to attend court. 'Ihe 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 seemed annual leave, compensatory time or personal leave. (c) Employees who attend court on behalf of the City for only a portion of a regularly scheduled work day shall report to their supervisor when excused or released by the Conn. id) An employee required to attend court while on scheduled leave is entitled to a minimum of three (3) hoursat one and one-half (I!4) limes the employee's base rate of pay for each do), and may be allowed to substitute that amount of pay instead of vacation, compensatory lime or personal leave for such period, provided that the court appearance meets the requirements of section (a) of this Article. (e) Employees who seek to receive leave with pay under this section shall present official notice of their subpoena 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 Court leave shall submit official documentation to their supervisor showing all days or hours of court leave 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, excluding payment for travel and meals. 9.3 Jury Duty (a) 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 duly is the employee's normal workday or work shift. In order to be eligible, the employee must report at (east seven (7) calendar days prior to the date ofjury duty to the immediate supervisor on the payroll system with the summons of the need to be absent because of a jury duty requirement. (b) Any compensation received by the employee for jury duty shall be retained by the employee however, a pro rota amount of the jury duty pay received by the employee will be deducted from the employee's regular pay based upon that portion of the regularly scheduled workday missed by the employee. 11mere shall be no deduction for mileage pay or for the four (4) horn reporting period provided in Section (c) 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. (c) 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. 9.4: 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 Had and subject to approval of the City Manager. 9.5: 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. 9.6: Military Leave Mililedl See Statute (a) 77re City agrees to grant request for leave or absence with or without pay in accordance with Florida State Statute 115.07 — a. All Wicers or employees of the state, of the several counties of the stale, and of the muni ' alities or political subdivisions of the state who are commissioned reserve offic r reserve enlisted personnel in the United States military or naval service or members f the National Guard are entitled to leaves of absence from their respective duties, withput loss of vacation leave, pay time, or efficiency rating, on all days during whicl hey are engaged in training ordered under the provisions of the United Slat military or naval training regulations for such personnel when assigned to activ or inactive duly. b. Leave of absence granted as a matter of legal right under the provisions of this section ay not exceed 240 working hears in any one annual period. Administrative leaves o absence or additional or longer periods of time for assignment to duty funclions f a militarycharacter shall be without pay and shall be granted by the employing Vr appointing authority of any state, county, municipal, or political subdivision tployee and when so granted shall be without loss of time or efficiency rating. c. When an em\toal assigned employment duty conflicts with ordered active or inactive duty , it is the responsibility of the employing agency of the state, county, munir political subdivision to provide a substitute employee, if necessary, foumption of such employment duty while the employee is on assignmutliaining. d. It is the intthe Legislature that the state, its several counties, and its municipalitiesitical subdivisions shall grant leaves of absence for active or inactive [minl employees who are members of the United States Reserve Forces or theal mind, to ensure the state and national security at all times thru a strong armed force`pf qualified and mobilization -ready personnel. (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 fomr request for Military Leave at least two (2) weeks prior to the date III"' k9IJ Yf U such leave is desired. 9.7: 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 IUFA 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) fhc leave of absence may he withdrawn be the City Manager, and the employee recalled to service if the need for the leave no longer exists. (4) An employee requesting a leave of absence of more than three days must request Family Medical Leave Fortes (FMLA) for medical reasons, per FMLA and submit a written Doctor's note to their Department Head slating 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, 16 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 Ire/she must return to duty or be dismissed. (5) An employee who obtains either pan -time or full-time employment elsewhere while on an authorized leave of absence is required to notify his Department Head in writing within time: (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 sick or vacation leave, unless the employee is on leave in accordance with 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 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. 9.8: Eligibility: Only regular full-time and regular part-time employees am eligible for the miscellaneous paid leaves provided by this Article. All such benefits are personal to the employee and shall not be transferable. 9.9: Personal Leave (T ablul) Eligibility — Each regular firll-time employee shall receive twenty (24) hours of personal leave per fiscal year. (a) Employees starting during the year will get a pro -rate portion of die personal leave hours. Those starling during the first three months (Ucudwr December) will receive eight (8) hours, second three months (January March) receive linrr (4) hours, and those starting in the third Ibrce inunths (April June) receive two (2) hours. (b) Personal leave must be used by the last full pay period of the fiscal year. (c) Personal leave isnul paid out upon separation ol'emplovmmu. 17 (d) Personal have will not be approved or paid during an employee's last Iwo (2) week+ of employmcm. except in the case of an emergency. An employee requesting paid personal leuxe will he required to tarnish proof cif the emergency or a di ctor's note verifying that the employee Was medically unable to reptim to work. Failure In provide. this documentation will result in no pay for the day(s) in question. ARTICLE 10 SICKLEAVE (Tabled) 10.1: Elbribility/Accrual of Sick Leave: (a) Only regular full-time and regular pan -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 3.69 hours per pay period. Regular pan -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 star to cam sick leave from their date of hire. Eligibility: 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 and two (2) hours for Dispatch, except in an emergency situation. On the initial Day of being ubsem, the employee must call in and -.:peak to their Supervisor. Upon approval of the immediate Supervisor, texts or eomils will he accepted after the initial call. 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 Had. (b) If an employee is absent from work in excess of three (3) consecutive work days due to an illness, the member must 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. If an employee is to be absent more than 3 days, Human Resources must be contacted to obtain Family Medical Leave Forms. The minimum charge against the accrued sick leave balance will be in increments of fifleen (15) minutes. Fifteen (15) minutes shall be deducted from an employee's seemed leave balance for each quarter hour, or pan thereof that an employee is actually absent from his/her duty station. 18 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 (including extending bereavement leave); and (7) illness of an immediate family member requiring the employee to remain at home. (8) Cannot be used for vacation. (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 vacation, holidays or weekends, the member shall 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 rash equivalent of hours used from his/her final pay check. (c) Employees hired prior to October 1,2022, upon scpamtiun fins employment in good standing (resignation or retirement with a two -week notice or medical separation) will be eligible to be paid for hisgter accrued balance of sick leave up ma maximum of 600 hours at the following percentages: • If separated before completing the first year 00'a • I Year but less than 5 Years completed - 25% • 5 Years but less Ilion 10 Years completed - 5056 • 10 Years but less then 20. Years completed - 75% • Over 20 Years -'100%, (1) F.ngmloyces hiredon or after October 1, 2022. may accrue up to 480 hours. 'Phis is to allow for Family Medical Leave. The 480 hours are nor paid out when the employee separates from the City. (g) Sick Iwvc will not he approved or paid during an employee's last two (2) weeks of employment. except in the case of an enmergcne}'. An employee requesting paid sick leave will be- required to famish a doctors note verifying that the employee was medically mmble to report to work. Failure to pnwide thisdocuutawnation will result in no pay for the day(s) in question. 19 ARTICLE I I VACATION LEAVE (Tabled) IM: Eligibility: 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-mta basis. Full-time employees will accrue vacation leave based on their years of service with the agency. The accrual rate for regular part - lime employees working forty (40) boors 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 at employee accrues vacation leave the following tables will be used. Elieibility: 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 am 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. 1). Vacation leave does not accrue while an employee is on any unpaid leave. Leave accruals will, be adjusted on a prorated basis for any hours which are unpaid during Ilse pay period. Table #1: Full Time Employees Bi-weekly Vacation Leave Lenmh of Service Accrual Rate Hours Earned I Year but less than 5 Years 3.08 hours 80 hours (10 Working Days) 5 Years but less than 10 Years 4.62 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) Table #2 Pan -Time Employees working forty (40) hours or more per pay period Bi-weekly Vacation Leave Lenelh of Service Accrual Rate Hours Earned I 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 1 1.3: Reouest for Vacation Leave (a) A request for vacation leave shall be submitted, through the payroll system. (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 will be in increments of 20 fifteen (15) minutes. Fifteen (15) minutes shall be deducted from an employee's accrued leave balance for each quarter (tour, 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 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. I IA: Use of Vacation Leave: (a) Vacation leave maybe 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) 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, al the discretion of the Employer. (b) Any employee who becomes sick while on vacation leave may substitute accrued sick leave for vacation leave for the period of the illness. The employee shall supply appropriate certification from it physician as to the nature and duraion odic illness. (c) Employe" will not be allowed to tarty over from one fiscal year to the next mom than two (2) years' worth of seemed 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. After the last full pay period of the fiscal year, vacation leave will go back to the maximum acemed. 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 (d) Vacation Leave Cash -in - Employees will not have the option of cashing in vacation but will have the ability to cash out when the employee retires. (e) When an employee is on an approved vacation leave and is called in to work during their normally scheduled working (tours, 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 �'. If the employee works beyond their normally scheduled hours, then overtime provisions will apply for those hours. 11.5: Separation from Dunlovmenl: (at Employees lured prior to October I, 2I12-1, upon separation from employment in good standing (resignation or retirement %kith a Iwo -week notice or medical separation) with five (5) or more completed years of consecutive employment will be eligible to he paid for his'ha accrued balance of vacation leave up to a maximum or400 hours. 21 (b) Employees hired on or alter October I. 2022, shall be entitled to be paid it percentage of hisgter accrued balance of racatiou teacC up to a maximum of 240 hours. The percentage is as -follows: • If separated before completing the first ycar 0% • I )'car but less than 5 Years completed - 25% • 5 Years but less than 10 Years completed - 50% • 10 Years but less than 20 Years completed -759. Over 20 Years - 100% (c) Vacation leave will not be approved or paid during an employee's last Iwo (2) weeks of employment, except in (lip case of rut emergency. An employee requesting paid vacation leave will be required to famish proof o'f the mmergency ur a doctor's note verifying that the employee was medically unable.lp report to work. Failure to provide this documentation will result in no pay for the day(s) in question. ARTICLE 12 GRIEVANCE PROCEDURE (Tattled) 12.1: The procedure set forth in this Article shall be the exclusive method for resolving the IUPA 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 the rUPA agree that every effort will be made by management and by the grievants) to settle grievances at the lowest level possible. TENFMIMIMMM., (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 grevanc(s) to observe the applicable time limit, shall constitute an abandonment of the grievance, absent a mutually agreed extension. (c) Request to bypass any steps will be in writing and must be approved by the City Manager or his designee. 12.4: Procedure: Stan 1. Step I is initiated by the employee or the IUPA Shop Steward. filing with the Department Bead a written grievance on the standard grievance form, attached as Appendix A. This must occur within ten (10) Business 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) Business day period shall commence running immediately upon return to duty. The Department Head shall schedule a grievance meeting with the grievant 22 within five (5) business days of the submission of the written grievance. Within five (5) business 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 Bead'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) business days following the dale of the Step I decision or the date on which it was due, whichever is "flier, the grievant(s) orthe IUPA Shop Steward may file a written appeal to the HR Director, attaching all applicable grievance documents. A grievance meeting shall be scheduled within five (5) business 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) business days of the grievance meeting, the HR Director shall issue a written decision concerning the grievance. If the grievant(s) is not satisfied with the HR Director's decision, or if no decision is issued within the time allotted, the grievant(s) may appeal to Step 3. Step 3. Within five (5) business days following the date of the Step 2 decision or the date on which it was due, whichever is earlier, the grievam(s) or the IUPA Shop Steward 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 time clearing hearings and issue a decision within five (5) business days of the hearing or five (5) business 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 grievent(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 the IUPA Shop. Steward may invoke arbitration by sending written notice to the Employer within ten (10) business days of the date the Step 3 decision was issued or the dale, 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) business days following the Employer's receipt of the grievant(s) request for arbitration, representatives of the Employer and the grievants) 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) business days and, beginning with the grievant(s), each shall alternately strike, one at a time, until only one (1) name remains on the list. Tile 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 (hat objection is made prior to the commencement or the striking process. If this happens, a second joint request for a list will be made. 12.6: All arbitrations arising under [his 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. 23 (b) The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise altar 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. (0 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 Icing 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 mom appropriate; in such instances, the City Manager will establish the date and will notify all employees in advance. For 911 Emergency Dispatchers, Holidays will be observed on the actual Holiday. For Golf Course and Tennis Attendants, Holidays will be observed on the actual Holiday. 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 amoral 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. 24 13.4: For holiday purposes, a holiday pay for regular full-time employees is defined as the employee's normal shift (eight (8), ten (10), or twelve (12) hours). Holiday pay for regular part-time employees is four (4) hours. 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 gamed 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. Eligibility, 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 pan -time employees not scheduled to work are not eligible for holiday leave benefits. 13.6 Regular full-time employees not scheduled to work the holiday will receive straight time pay for their normal shift. For example, if an employee is scheduled Tuesday thin 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 (Tabled) 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 the minimum of the acting Grade applicable to the position. If the employee's current salary is higher than the minimum rate for the position to which promotion is made, the employee shall receive a 6% 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. 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 (90/6) 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 dale for the purposes of classification seniority determination. The employee must serve a three (3) month probationary period in the new job 25 classification. 911 Emergency Dispatchers 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 some 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 Dispatchers 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 S. (d) When there is a critical need for an employee to work in a higher job classification, the employee will receive a 6% increase to their regular hourly rate of pay (or Ilse minimum of the acting Grade) for each hour of work performed at die 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 FMI.A, 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 6% increase in pay for all time worked while in that temporary classification. (e) "I here may be a need for an employee to work in an out -or -class position due to a vacancy, illness, vacation, etc. In an event such as this, roanagedient has the right to make I request to thoseemployees e•ho can perform the duties of the position. It no one volunteers, management has the right to mandate an employee In work out -of -class even if [lie work is overtime. An employee working in such a. capacity will receive a 6% increase for lours worked. Eouioment Schedule; 1) Maintenance Worker 1- Will operate all equipment except excavator, dozer, and long arm mower. 2) Maintenance Worker 11- Will operate all equipment except for excavator and dozer. 3) Maintenance Worker III - Will operate all equipment. in An employee may be assigned to a supervisor or exempt job classification for a temporary period. The affected employee working a period of (3) ranee consecutive workdays or more shall receive up to a six percent (6%) increase to their regular hourly rate of pay ar-H+�rninimamwHheaerin�''—. Fihiehe� --':-Eveater. The employee will be entitled to receive the salary increase for all hours worked while in that temporary classification. 26 (g) All Maintenance Workers are required to maintain a valid Commercial Driver License (CDL) Class H 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 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 11 position or above and does not have his CDL License, he or she has 6 months to obtain (be 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:�::, promote sell' -improvement initiatives. We City agrees to pay employees obtaining an accredited rtificotior�in their rspective field a nnedime incenliveJof $50.00. The course must be paid by the ployee and taken after hums. PW All courses paid for by the City are not eligible for incentive pay. FEMA Courses are not eligible incentive pay. ARTICLE 15 GROUP INSURANCE 15.1: During the term of this Agreement, all employees who participate in the group insurance coverage will pay no less than twenty-five dollars ($25.00) per month towards the premium for group medical insurance coverage. The City agrees to pay the remainder of the premium to provide individual group insurance coverage to eligible employees. The employee cost may change based on the annual renewal rates. 15.2: In the event that the premium rate for dependent group insurance coverage increases, the Employer agrees to notify the IUPA as soon as is practicable. The IUPA 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 eacb fiscal year based on renewal rates. The employee shall pay any additional supplemental insurance Urat is optional coverage to the employee. 15.4: If the group medical insurance is declined, the employee will receive $150.00 per month ($75 paid twice a month). 15.5: Employees who retire or leave the City with twenty (20) years or more of continued service are eligible to continue their health insurance only for a maximum of 2 years and The City will pay no less than forty (40%) of the costs of single group medical coverage. 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 27 based on renewal rates. If the retired employee wishes to continue Dental, Vision and Life Insurance for the 2 years, the retired employee will pay 100°/u of the cost. The Health Reimbursement Account (BRA) is not part of the retirement insurance. ARTICLE 16 RETIREMENT CONTRIBUTION 16.1: Effective April 29, 2001, the Employer agrees to contribute to the CWA/l7'U 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 RJPA 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/rFU Negotiated Pension Plan, c/o Frank M. Vaccaro & Asso, Inc., 27 Roland Ave., Suite 200, Mount laurel, NJ 08054-1038, no later than the 151b of the following month, together with reports on forms to be famished 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 shall supply to the shop steward the RJPA represeamtive's copy of the Negotiated Pension Plan employer report forms or a copy of the Employer's printout forms upon request. Eligibility: A. Only regular full-time employes are eligible for inclusion in the CWA/1TU 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: Puroose: 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 employce's last performance evaluation. B. Special Performance Evaluation. Special performance evaluations are performed by the supervisor any time during the year for special reasons; i.e. change in pay, promotion, 28 transfer, reassignment, etc. 17.3: Policy: (a) 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. - (b) 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. (c) Employees rated unsatisfactory are not eligible for - increases or promotions or transfers. (d) Employees rated unsatisfactory will be put on a I to 3 month's Performance Improvement Plan (PIP). A monthly evaluation will be conducted. If the employee doesn't improve within the three months, the employee will receive a final written warning, suspension, or dismissal. (a) Employees who receive an unsatisfactory rating for two (2) consecutive annual evaluations or special performance evaluations may be terminated from employment for cause. 17.4: Statement ofPhiloso2Ly; Both the City of Sebastian and WA 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: Emolovee 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 29 the employee, but does not signify that the employee agrees with the evaluation. The employee must sign all documents (i.e., Performance Reviews, Disciplinary Action, etc.) that are placed in the employee's personnel file whether the employee agrees or disagrees with the document to signify the employee has seen and discussed said document. If the employee does not sign the document they will be subject to disciplinary action up to and including termination. 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 shag 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. 17.6: Probationary Period; Each new employee shag 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 1S SAFETY 18.1: The City and NPA 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 Human Resources Director, or designee, and up to three (3) members will be selected by the Human Resources Director and up to three (3) members selected by RJPA. 18.2: The Safety Committee shall meet regularly, as it my 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 Human Resources Director 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 Human Resources Director. 18.3: The Employer and IUPA 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. 30 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: Safety Glasses: 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 Two Hundred (S2(X)) dollars. The City will also pay for the replacemew pl safety lenses due to on the job breakage or prescription changes, as needed. An incident report must accompany this request, which details 'how the breakage occurred. Ilie report must be signed by the employee's immediate supervisor before being submitted. 18.7: Workers' Compensation: 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 folowing: 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. The supplemental pay will be based on the following: a. WC Physician states Employee unable to work or City cannot provide limited duly work — City will pay full 1/3 of supplemental pay. b. WC Physician states Employee can perform Limited duty but Employee's second opinion states Employee cannot work, Employee pays 1/3 of Supplement. c. City provides limited duty work but Employee declines, City does not pay the 1/3 supplemental pay. Employee will pay the 1/3 supplemental pay. In the event the employee is absent for the first seven (7) days of a work injury, the employee will reimburse the City for the first seven days after they receive the WC payment. B. 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 Worker's Compensation indemnity payment until such sick or other paid leave is exhausted. 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. 31 C. If the employee can no longer work and continues to be on Worker's Compensation after the 90" day, the employee will apply for Long Tenn Disability; however, the employee will not be medically terminated until the physician states there is a permanent impairment remaining after die employee (claimant) has reached Maximum Medical Improvement rating or one year as staled in section 18.7B. (MMI stands for Maximum Medical Improvement. It is defined as the point at which an injured worker's medical condition has stabilized and further functional improvement is unlikely to allow the employee to meet Ilse essential job functions, despite continued medical treatment or physical rehabilitation.) 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 Icave. 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/lier 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 I wo Ilundred dollars ($20O) per fiscal year, payable to die employee the first full pay period in October of each year. Any employee receiving this benefit will be required to wear the safety booWshoes 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 be prorated by Sl6.67 per month. Safety boots/shoes must meet the requirements as established by the department. (b) The City will also pay, prorated, for the replacement of safety boots/shoes due to on the job damage caused as a result of an accident (up to two hundred dollars ($200). 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 32 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 boolslshoes. 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 $200 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 masons, 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 Human Resources 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 forjust 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 (Tabled) 20.1 Fin (lie first year of this Agreement (October I, 2022 lbrough Septcnorer 30. 2023) bargaining unit members shall receive a wage increase based upon the ('unipcnsminn Study and provide compensation for emplo)'ces in or over the midpoint of (heir grade, receive a three percent (3%) hourly increase of the employee's hourly wage. 20.2 For the second year ol'this Agreement (October 1, 2023 through September 30, 2024), bargaining unit members shall receive a wage increase of five percent (5%)or the employee's hourly wage. 20.3 For the third year of this Agreement (October I, 2024 Ihmugh September 30; 2025), bargaining unit members shall receive a wage increase of five percent (5%) of the employee's hourly wage. 33 ARTICLE 21 SUBSTANCE ABUSE TESTING 0,I 21.1 The City and the IUFA agree to abide by a Drug Free Workplace as provided for in Florida Statues. \U 21.2 An employee subject to dog testing for reasonable suspicion shall be placed on administrative leave with pay pending the laboratory results of the test. �I 21.3 Employees agree to participate in a random drug screening(oD-l) �DY.IVI FIG Ql 1 r-1 V�A'IGL� ARTICLE 22 UNIFORMS UO 22.1: The City shall provide and maintain uniforms to all employees who arc 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 herjob functions. The City uniform shall not be wom 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 be reimbursed up to 545.00 per month for regular full time employees and up to $22.50 for part time employees (receipts required documenting City issued unifomr cleaned), unless the employee is on a lea ve ol'absence, such as Sick 1xin . R'nrkers' Compensation, etc. 1'or any extended period of time. "fhe reimbursement will be paid in the nest pay penod. 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 arc 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 am a taxable benefit in accordance with IRS Rules. 34 ARTICLE 23 IVA) EDUCATION REIMBURSI 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 one-year of employment or probationary period. 23.2: Tuition Payment Plan — The City of Sebastian will, upon approval of the City Manager and the Human Resources Director, pay a percentage of the tuition based on the course grade achieved by regular full -lime employees for any eligible training or educational program/course. An eligible training or educational program/course is one that, in the judgment of the Human Resources 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 related higher responsibilities. Post graduate (ex. Master's, Doctorate, etc.) programs are not included within the tuition payment plan. The Tuition Reimbursement Plan is as follows: Grade %Paid A 100% B 90% C 75% P-Passing or S-Satisfactory (No grade issued) 100% 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 Human Resources 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/fril basis — hetshe 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 Human Resources 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 Human Resources 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 Florida 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 35 employee receiving a scholarship or grant for education will not be eligible for education reimbursement. 233: Service Requirement —Employees who are reimbursed for such courses (911 Dispatch Courses, College; Technical school, License of any kind, etc.), agree to remain employed by the City of Sebastian for at least three (3) years after completion of the course(s). Should an employee leave the City service within three years after completion of the counsels), 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 (Tabled) CLASSIFICATION AND COMPENSATION PLAN LONGEVITY AWARD 24.1 A Classification and Compensation Plan shall be used to administer the established pay roles of employees, attached as Appendix B. This shall be updated and corrected as needed by the Human Resources Director 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 Human Resources Director shall recommend to the City Manager and the CFO/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 Compensation Plan will be reviewed annually and based on local, regional or in some cases national information, appropriate changes in die allocations to the Classification and Compensation Plan will be made. Human Resources Director will notify the IUPA of any change to ajob description(s). 24.2 If an employee changes job classifications, his or her job classification amtiversary date will change, effective the date of the promotion or demotion. 24.3: Longevity Pay: A. Full Time Employees hired prior to October 1, 2022 will be awarded Longevity pay according to the following schedule: (1) Employees, after hating completed five (5) years of continuous service Willi the ('ity, will receive an increase in their base pay of three percent (3%). The dunce percent 13%) increase will be added to their base pay the first full payroll period following their five ycaranniversary date. (2) 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. (3) Employees, after having completed ftficen (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. 36 (4). 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. (5). 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 dale. B. pull time employees hired on or after October I, 2022 will be awarded Longevity pay according to the following schedule: (1) Employees, alter having completed five (5) years of continuous service with the City, will receive an increase in their base pay of [lime percent (3%). The three percent (3%) increasewillbe added to their base pay the firs) full payroll period following their rive year anniversary disc. (2) Employees, after having completed test (10) years -of continuous services with the City, will receive an increase in their base pay of five percent (5%). The five &xcin.(5%). increase will be added to their base pay the first full payroll period following their ten year anniversary date. C. Said adjustment(s) will be based on the employee's original date of hire regardless of the broadbanding wage percentage the bargaining unit member is in m the time he or she attains the required number of years. D. Employees in a part-time or temporary status at the time of their relevant anniversary date will not be eligible for longevity increases. E. 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. 37 ARTICLE 25 SECONDARY EMPLOYMENT 25.1 Outside Employment shall be controlled by the City's Standard Operating Procedures — Secondary Employment. All Police Department Employees will also follow the Police Department Standard Operating Procedures (SOPs). No City Uniform shall be worn or any City equipment used. All Outside Employment must be approved annually. Forms must be submitted by January 15u. ARTICLE 26 SEVERABILITY 26.1 If any Article of this Agreement (or any Section thereof) should be found invalid, unlawful, or not enforceable byjudicial authority or by reason of my 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. 26.2 In the event of the invalidation of any Article or Section of this Agreement, the City and IUPA agree to meet within thirty- (30) working days to discuss replacement of such Article or Section. ARTICLE 27 COUNSELING 27.1 The City will make available to the employees the services of a psychologist a 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. 38 ARTICLE 28 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, 2025. In witness whereof, the parties hereto have entered into this Agreement on this _day of .2023. CITY OF SEBASTWN, FLORIDA INTERNATIONAL NPA OF POLICE ASSOCIATIONS, AFI./CIO LOCAL 6056 By Nick Voglio, Chief Negotiator B,c Naiomi Charles RJPA Representative BY. Kimberly Maison IUPA Representative M3 3i�gi7:6Tiii)Y�37uF1_TI0IOU _Rk" Attest: Jeanette Williams City Clerk 39 By: Paul E. Carlisle, Jr. City Manager By: Kenneth W. Killgore CFO/Administrative Services Director By: Cynthia R. Watson, MPAM, PHR Human Resources Director By: Manny Anon City Attorney 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 the IUPA Shop Steward for Grievant M