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HomeMy WebLinkAbout06-25-2025 MinutesCITY OF Sfj3AST14]N HOME OF PELICAN ISLAND INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, LOCAL 6056 2:00 P.M. WEDNESDAY, JUNE 25, 2025 CITY HALL 1225 MAIN STREET, SEBASTIAN, FL MINUTES 1. INTRODUCTION Brian Benton, City Manager Brian Stewart, CFO, Finance Director Cynthia Watson, Human Resources Director Jennifer Cockcroft, City Attorney Nick Voglio, IUPA Attorney David Greene, Union President and Crime Scene/Evidence Supervisor The meeting was called to order at 2:03 p.m. by the City Manager. All attendees introduced themselves. The City Manager stated that during the first meeting, Local 6056 representatives had provided a document outlining recommended or requested changes. He noted that the city responded by submitting the revised bargaining agreement. He explained that during this meeting, each article would be reviewed and discussed in reference to those changes. 2. ARTICLE AMENDMENTS A. Table of Contents The City Manager noted that Article 5 had been renamed from "Rights of Employees" to "Rights of Supervisors." He also raised a question about whether to retain Appendix B (Application for Membership) and Appendix C, which outlines the classification and pay scale from the previous pay analysis. B. Agreement The City Manager stated that throughout the agreement, the term "employees" had been replaced with "supervisors." All changes made by the city were highlighted in yellow. The City Attorney added that Section 3 of the Agreement was not currently underlined but would need to be. C. Preamble The City Manager noted that the term "employees" had also been changed to "supervisors" in the Preamble. He clarified that this section only applied to the supervisory unit and not the broader local. D. Article 1 — Union Recognition The City Manager explained that language no longer relevant to the supervisory bargaining unit had been removed. The section now refers exclusively to supervisors. He further noted that on page 4, both parties had agreed to certain deletions in the position classifications. The city added "Parks Assistant Superintendent" and removed "Parks Maintenance Supervisor." The Union President asked whether the total number of supervisors listed was six, to which the City Manager confirmed yes. E. Article 2 — Management Rights The City Manager stated that the only change in this article was replacing "employee" with "supervisor." F. Article 3 — Bargaining Unit Representation / Bulletin Boards The City Manager reported that similar language updates were made here as well, with "employee" changed to "supervisor" throughout. Additionally, Section 3.2 was clarified to state that bulletin board postings must be done with the knowledge of the supervisor's department head. G. Article 4 — Dues Deduction The City Manager explained that much of the previous language regarding the city's collection of union dues was removed. He clarified that supervisors are now responsible for paying their dues directly to IUPA. H. Article 5 — Rights of Supervisors The City Manager noted that Sections 5.1 through 5.3 were revised to replace "employee" with "supervisor." He also mentioned a clerical correction made in line 4 of Section 5.3. I. Article 6 — No Strike The City Manager confirmed that Sections 6.1 and 6.2 had been updated to reflect the replacement of "employee" with "supervisor." J. Article 7 — Hours of Work and Overtime The City Manager began by explaining that subsection lettering had been adjusted for clarity, based on a request by the Union President to strike subsection B. The city agreed with this request. The City Manager reviewed additional adjustments to Section 7.1: • Subsections B and C were relabeled. • The last sentence in Section 7.1(C) was clarified to reflect that the lunch period is unpaid. • Section 7.1(C)(3) was identified as a duplicate and recommended for removal. • The City Manager proposed combining the language in subsection C for better clarity. In Section 7.1(E), references to administrative and non -administrative employees were removed, leaving only "supervisors." Section 7.1(F) was updated in the same manner. The Union President agreed with these changes. The City Manager then addressed Section 7.2(A), recommending that a 30-minute meal break be considered sufficient. The Union President asked if the meal break would be paid or unpaid, noting that dispatchers cannot leave their workstations. The City Manager acknowledged the concern and agreed to review the issue further. In Section 7.2(B), language was clarified to refer to the "supervisor of the Communications Division." Subsections (d) and (e) were removed, as they no longer apply to the current contract. The City Manager summarized changes made to Section 7.3: • Clarified that approved paid leave —including personal, vacation, sick, funeral, jury, and military leave — will count as time worked. • Unapproved or unpaid administrative leave will not count as time worked. • Section 7.3(E)(1) and (2) were reworded to reflect "supervisor" terminology. In (2), language was updated to state that any unused comp time will be paid out during the last pay period of the fiscal year, rather than quarterly. The Union President agreed with this change and confirmed that a supervisor may be approved for up to 40 hours of comp time. • Section 7.3(E)(3) was also updated to reflect "supervisor." • Section 7.3(G) was removed due to conflicting language; the Union President had no objections. • Section 7.3(H) was revised to ensure supervisors who leave city service may be paid for up to 40 hours of accrued comp time. In Section 7.4, regarding call -out and on -call responsibilities, the City Manager recommended keeping the current language. He clarified in Section 7.4(B) that when a supervisor is already on -site and works before or after their regular shift, they are paid in 15-minute increments. However, if they are called in from home, it qualifies as a call -out. Section 7.4(C) was updated to exclude Communications (911), but it was clarified that any on -call supervisor must respond within one hour or notify their designee of a delay. The Union President had requested a $1/hour on -call rate. The City Manager proposed a new structure: • Monday through Friday: one hour at time -and -a -half • Weekends and holidays: two hours at time -and -a -half The Union President agreed, stating this structure was more beneficial than the flat hourly rate. The City Manager addressed a separate proposal from the Union President to include crime scene personnel in the Police Officers' Retirement System as high -risk supervisors. He stated the city was not in favor of that change at this time. The Union President explained that crime scene technicians in many state and local agencies are already classified as high -risk due to exposure to blood, hazardous environments, and physical dangers. He emphasized that their work presents risks comparable to those of sworn officers. The City Manager acknowledged the comments and confirmed they were noted for future consideration. K. Article 8-Seniority/Layoff/Recall The City Manager stated that in Section 8.1, the phrase "regular part-time" was removed, as supervisors are not part-time positions. Throughout this section, "employee" was replaced with "supervisor." Language was also clarified to state that "supervisors on probation" do not accrue classification seniority, replacing the phrase "probationary supervisors." A clerical correction was made to change "an supervisor" to "a supervisor." In Section 8.2(B), the Union had proposed that promoted or transferred supervisors be placed on a 90-day probationary period. The City Manager explained this was inconsistent with the city's historical approach and removed the proposed language, noting that three months may not be a sufficient evaluation period for all roles. The City Manager confirmed that Sections 8.2 and 8.3 were updated to reflect "supervisor" instead of "employee." In Section 8.3, criteria for loss of seniority were reviewed and similarly revised. In Section 8.4 (a—e), all references to "employee" were updated to "supervisor." Subsections E(1), E(3), and E(4) were also updated to reflect this change, and the assessment period was reduced from six months to three months. The Union President asked how the city's opinion of a supervisor's performance would be measured in this context. The City Manager stated that this language had originated from the Union's request. He clarified that if the city believes a supervisor cannot satisfactorily perform in a bumped position, the supervisor may be laid off without further bumping rights. The Union President asked whether this determination would be based on an evaluation process, and the City Manager confirmed that it would. The Union President stated he would return with proposed language for Article 8. The City Manager added that Section 8.5(B) was revised to clarify that "10 business days" would be used instead of calendar days, providing a full two -week response period. L. Article 9 - Miscellaneous Leave The City Manager reported that in Section 9.1, bereavement leave was clarified to match a supervisor's scheduled shift, not to exceed 40 hours. In Section 9.1(C)(4), the City Manager acknowledged that funeral services are often delayed for various reasons. He confirmed that paid bereavement leave may be taken beyond 14 calendar days after the date of death if the supervisor provides documentation and receives approval from the City Manager. In Section 9.2, regarding court leave, the City Manager questioned the logic of providing leave when court appearances occur during normal working hours. The Union President explained that the language may be a remnant from the prior agreement, when dispatchers and other staff might have attended court outside their scheduled shifts. He added that for supervisors —who typically work standard weekday hours —court is generally held during their regular shift. The City Manager agreed and clarified that if court duty occurs outside regular working hours, supervisors would still be eligible for overtime. He emphasized that the city was not seeking to remove that entitlement but felt the section needed revision. The City Manager noted additional edits throughout Article 9, including consistent replacement of "employee' with "supervisor" and clarification that official documentation should be submitted to the department head rather than an immediate supervisor (Section 9.2(E)). In Section 9.6(A), the Union had included language referencing state statute, which the city agreed with. Section 9.7(B) was also amended to reflect the reorganization of departments; references to "Administrative Services" were updated to "Human Resources Department." The Union President asked for clarification, and both the City Manager and Human Resources Director confirmed the department name had officially changed. M. Article 10 -Sick Leave The City Manager stated that in Section 10.1, references to part-time and temporary employees were removed, and the section was updated to apply solely to full-time supervisors. Additionally, accrual language was clarified to state that sick leave does not accrue while a supervisor is on unpaid leave. For sick leave requests, it was clarified that a supervisor must notify their department head. Calls, texts, or emails are acceptable, and the supervisor should indicate the expected length of absence. A line referencing dispatchers was removed as it no longer applied. In Section 10.3, the Union requested that "maternity" be added to the list of acceptable sick leave uses. The City Manager agreed it should absolutely be included. Regarding Sections 10.3(e) and 10.3(f), the City Manager addressed the Union's proposal for expanded sick leave payout. He expressed concern over the city's long-term financial obligations and stated that large payouts were not fiscally sustainable. He emphasized that supervisors hired prior to October 2022 remain eligible under the previous policy, but changes to future payouts were necessary to ensure financial stability. As such, the city declined to adopt the Union's proposed changes. 4 N. Article 11 — Vacation Leave The City Manager reported similar updates in Article 11, including the removal of part-time and temporary employee language. In Section 11.1, only full-time supervisors are now addressed. In Section 11.2, the city removed the phrase that leave accruals would be adjusted on a prorated basis and clarified that if a supervisor is on unpaid leave for a full week, they will not accrue leave for that week. If they are out only one day, accrual will still occur. The City Manager stated that additional clarifying language will be developed to reflect this. Table 2 within Section 11.2 was also updated to remove part-time employee references. In Section 11.5, regarding separation from employment, the City Manager reiterated concerns about large termination payouts. Supervisors hired prior to October 1, 2022, will remain eligible to receive up to 400 hours of accrued vacation upon separation in good standing. Those hired on or after that date will be eligible for up to 240 hours, based on a percentage and years of service. The Union President agreed with this approach. The City Manager indicated he would work on additional language. Articles 11.3 and 11.5 also reflected standard terminology changes from "employee" to "supervisor." O. Article 12 — Grievance Procedure The City Manager stated that all references to "employee" were changed to "supervisor." Additionally, the grievance filing period was updated from five business days to ten, as requested by the Union. The city agreed to this change. P. Article 13 — Holidays The City Manager confirmed that "regular part-time supervisors" were removed from eligibility. He noted that Juneteenth and Good Friday were not added to the holiday list, as they are not currently recognized for any other classification in the city. A new provision was added under Article 13.5: If a full-time supervisor is scheduled to work on a holiday, they may choose to receive either overtime pay for the hours worked or compensatory time in lieu of pay. The supervisor must notify their department head in writing no later than the last workday before the holiday. If no election is made, overtime pay will be automatically applied. Q. Article 14 — Promotions, Transfers, and Adjustments The City Manager noted that Sections 14.1 through 14.3 were revised to replace "employee" with "supervisor." He emphasized the importance of maintaining a 90-day probationary period for supervisors transferring into a new department, stating that this time frame is fair and provides accountability. Section 14A was updated to remove outdated references to 911 emergency dispatchers. The City Manager agreed with the Union's request to increase promotional pay from 3% to 6% when there is a critical need. Language related to equipment schedules was struck, and "assistant superintendent" was added in place of "supervisor" where appropriate. In Section 14.5, the City Manager reported that the city had reinserted original language that had been previously stricken by the Union. The city agreed with other recommended changes, but Sections (b) and (c) were removed as they no longer apply to the current bargaining unit. Sections (e) and (f) were also removed. The Union President asked whether the Sebastian Police Department still offered degree pay. The City Manager responded that he would follow up to confirm. R. Article 15 — Insurance The City Manager noted that all instances of "employee" were updated to "supervisor," and references to reimbursements were changed to reflect that the city now uses a Health Savings Account (HSA). S. Article 16 — Probation The City Manager confirmed that the term "supervisor" was used consistently throughout, replacing "employee" where appropriate. T. Article 17 — Performance Evaluations The City Manager stated that all references to performance evaluations were revised to reflect "supervisor." In Section 17.2, the definition was clarified to show that a supervisor's performance is evaluated by the department head. Section 17.5 was retitled "Supervisor Evaluations," and terminology throughout the section was updated accordingly. The department head was identified as the evaluator, and assistant superintendent and superintendent titles were added to ensure inclusive coverage. In Section 17.6, references to dispatch technicians were removed, as they are no longer part of the bargaining unit. U. Article 18 — Disciplinary Actions The City Manager noted similar changes to reflect "supervisor" throughout. In Section 18.8(B), line four, "immediate supervisor" was changed to "department head." Clerical errors in Section 18.7 were corrected. V. Articles 19 through 24 The City Manager confirmed that throughout Articles 19 to 24, "employee" was replaced with "supervisor" as appropriate. In Article 24.3, longevity pay was reverted to the language used in the previous agreement. Section 24.3(B) was updated to define longevity as a benefit that begins upon becoming a full-time employee; part-time or temporary status does not count toward longevity. W. Articles 25 and 26 — No Changes The City Manager reported that no changes were made to Articles 25 and 26. X. Article 27 — Amendments and Duration The City Manager confirmed updates to reflect "supervisor" where necessary. Y. Article 28 — Ratification The only change noted was to the ratification date. The Union President requested to revisit Article 22.4, specifically the $45 monthly uniform cleaning stipend with receipts. He explained this was retained in case of exposure to hazardous materials during crime scene work that would make at-home laundering unsuitable. The City Manager asked the Union to provide revised language specific to supervisors. The Union President requested a Word version of the agreement for further edits. The City Manager agreed and asked that any changes be highlighted in a different color for tracking. The City Manager asked if there were additional questions. The Union President replied that he had none and thanked the City Manager. The City Manager encouraged both sides to review the proposed changes thoroughly and reconvene soon to continue making progress. He requested that the Union contact the Human Resources Director to schedule the next meeting, adding that he preferred not to delay for another two months. The Union President said he agreed with many of the changes and noted that the primary outstanding concern was salary, particularly in comparison to other agencies. He confirmed that they would review and respond. The City Manager thanked everyone, and the meeting was adjourned at 3:01 pm. June 18, 2025 IITV OF SJF,UASTL,4Qj HOME OF PELICAN ISLAND PUBLIC NOTICE Labor Contract Negotiations between the City of Sebastian and the International Union of Police Association, City of Sebastian Supervisor Association, Local 6056. Time: 2:00 PM Place: Council Chambers Date: Wednesday, June 25, 2025 Please note: In accordance with Florida Statute 286.0105: Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with Florida Statute 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the City's ADA Coordinator at (772) 589-5330 at least 48 hours in advance of this meeting. 6/25/25 Cn Of SE T�N HOME OF PELICAN ISLAND COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN and INTERNATIONAL UNION OF POLICE ASSOCIATIONS AFL-CIO LOCAL 6056 October 1, 2025 — September 30, 2028 TABLE OF CONTENTS ARTICLE TITLE Page Agreement 3 Preamble 3 1 Union Recognition 3 Position Classification 4 Equal Employment Opportunity/AA 5 2 Management Rights 5 3 Bargaining Unit Representation 5-6 4 Dues Deduction 6 5 Rights of Empleyees— Supervisors 6 No Strike 7-8 7 Hours of Work and Overtime 8 -11 8 Seniority/Layoff/Recall 11-13 9 Miscellaneous Leave 13-18 10 Sick Leave 18-20 11 Vacation Leave 20-22 12 Grievance Procedure 22-25 13 Holidays 25-26 14 Promotions, Transfers and Adjustments 26-29 15 Group Insurance 29 16 Retirement Contribution 30 17 Performance Evaluations 30-32 18 Safety 32-35 19 Disciplinary Action 35 20 Salary 35 21 Substance Abuse Testing 36 22 Uniforms 36 23 Education Reimbursement 36-38 24 Classification and Pay Scale 38-39 25 Secondary Employment 39 26 Severability 39-40 27 Counseling 40 28 Term of Agreement 40 Appendix A Grievance Form Appendix B Application for Membership (Keep) ? Appendix C Classification and Pay Scale (Keep) ? P1 7 AGREEMENT Section 1 This Collective Bargaining Agreement ("Agreement") is entered into by the City of Sebastian, Florida ("City" or "Employer") and The International Union of Police Associations, and has as its purpose the promotion of harmonious relations between the City and IUPA; the establishment of an equitable and peaceful procedure for the resolution of differences; and includes the agreement of the parties on the standards of wages, hours and other conditions of employment covered hereunder. Section 2 Throughout this Agreement masculine gender pronoun shall be read to include feminine gender where appropriate. Section 3 Throughout this Agreement the meaning of "supervisor" is "supervisor". 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 supervisor 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 empleyees supervisors have a high degree of responsibility to the public in so serving the public without interruption of these services; and Whereas, since both parties recognize this mutual responsibility, they have entered into this Agreement as an instrument and means to permit them to fulfill said responsibility; Now therefore, in consideration of the premises and promises set forth herein and the benefits and advantages accruing or expected to accrue to the parties hereto and those covered by this Agreement by reason thereof, and said parties hereby agree as follows: ARTICLE 1 UNION RECOGNITION 1.1: The City recognizes IUPA as being certified by the International Union of Police Associations and as such is the sole and exclusive bargaining agent, for those full-time ead paFt time supervisors (exehHhag4enry AnrsJ Md s aaseaalempleyees) heur4y-sapenAser$ working within the unit, for the purpose of negotiating matters of wages, hours and other terms and conditions of employment. This list of job classifications may be amended from time to time due to business/city standard changes. Positions may be removed or added. Titles may be changed to better suit the position. This shall be at the discretion of the City. ir (PP) i. A eeenataat Aeeenntiag ^'-rk 1 Aeeouna0g;hrk li Administrative Assistant (Code t) Administrative As at (Cam) Administrative Assistant Administrative vt (PL`) / Administrative ii it (PLI) Airport Operations Speeialiqti FA 11 Assistant Golf Pro Building laspeeti r i Building inspeete r it Business bieense :i C—ashirr Chief Building tr Clerical Assistant i tnT/c T ) Stu CORStFuetion t r COPESpeeintA (PT PV) '2:' riidenee3eeknieian S■ •^at. leS- For E.fC OoryAttendan ii r ad Caskier ]r. 7lanner Ml ' lil IG rekanie I'Vat Upervi ar PI Iinit Teehnieift Plr,rrer Pirins Examiner Ili eerds Speeialist cu€€e �eekteieian aeAfie-T-eehuieiau--H Position Classification - Suoervisors 911 Emergency Dispatcher Supervisor Accreditation/Records Supervisor Cemetery Supem4ser4Sexten Crime Scene/Evidence Supervisor Parks Assistant Superintendent Lead Mechanic/Garage Supervisor Reads Assistant SUpen'iSOF Public Works Supervisor 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 supervisors; to hire, promote, demote, transfer, assign and retain supervisors in positions; to discipline, suspend or discharge supervisors for just cause and to relieve supervisors 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 REPRESENTATIONBULLETIN 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 IUPA notices to its members and to other covered supervisors. The City also agrees to allow IUPA the use of e-mail for these notices. No scurrilous, defamatory, or otherwise objectionable material will be posted or emailed. The parties agree that the usage of such bulletin boards and emails will be to promote supervisor -employer relations, as well as keep the members and other covered supervisors informed of its activities. Copies of all materials, notices, or announcements shall be submitted to the -HR Director or designee, before they are posted. All notices shall be signed by a duly authorized IUPA representative. 3.2: The City agrees to allow the elected officer(s) as Representative(s) fer the General JiWleyees and PI PA 0 R ffiSe.., D epFe .a...ativ,., for the Supervisory Employees of the IUPA who are on duty at the time of negotiations take place with the City and the ]UPA, time away from their regular duties/shift assignments to participate in negotiation meeting 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 Supervisor's Department Head. 3.3: The City will permit IUPA to maintain an official mailbox at various work sites. The mailboxes will be provided by IUPA. Mail delivered to these mailboxes will be delivered unopened. 3.4: The City will allow IUPA a reasonable opportunity to meet with new supervisors covered by the agreement at the conclusion of new supervisor orientation for the purpose of briefing the supervisor on this Agreement and the Bargaining Unit's programs and benefits. ARTICLE 4 DUES stipulated , '._ .._ .. ....-.of Wages'Ques ■.. n -- Empleyer agrees to deduet the FegHlar dues of RJPA fr-ena the supeniref!s pay bi weekly (twenty si* (26) times per yeaf) basis fer so leag as FJPA Femginq the Reftified -bargaining agent fer the supen,iseFs within the uoit. Sueh dues will be remitted promptly to the heine effiee ef . AA • ..... Unit. 1UPA agFees to isetif�, the E'Mple5W, in wrkifig, at least thi" (30) days prier tE) !he effeetive date ef any dues stmetdre. Union dues are paid directly to IUPA. E ... . . .... . . n .. .. ... .. . . - - 4.4:2 Nothing contained herein shall require the Employer to deduct or to otherwise be involved in the collection of delinquent dues, fines, penalties, or special assessments of IUPA. CLeasrse n ems_ .• - ARTICLE 5 RIGHTS OF SUPERVISORS 5.1: The City and IUPA agree that supervisors 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 BRA representation in any discussion between the supervisor and representatives of the City in which the supervisor has reasonable grounds to fear that the interview is investigatory and may result in disciplinary action being taken against the supervisor. 5.2: The supervisors must sign all documents (i.e., Performance Reviews, Disciplinary Action, etc.) that are placed in the supervisor's personnel file whether the supervisor agrees or disagrees with the document to signify the supervisor has seen and discussed said document. If the supervisor does not sign the document they will be subject to disciplinary action up to and including termination. 5.3: The City will have the supervisor sign for a copy of any adverse action document to be placed in a supervisor's personnel files prior to the document being placed into the files. Supervisors shall have the right to file a written response to any letter of reprimand or other document that is placed in the their personnel file as a result of supervisory action or citizen complaint. Any such written response shall be included in the Supervisor'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 supervisors, the City agrees not to directly or indirectly furnish the news media or public with any supervisor'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 supervisor's consent. 5.4: IUPA agrees not to directly or indirectly furnish the news media or the public with personnel records without the consent of the City and the supervisor, thus mutually agreeing to the confidentiality of personnel records other than required by law. 5.5: IUPA members are entitled to be represented by IUPA in grievances arising under this Agreement. They may also bring matters of individual concern not covered by this Agreement to the attention of City officials. ARTICLE 6 NO STRIKE 6.1: For purposes of this Article, "strike" is defined as the concerted failure of supervisors to report for duty; the concerted absence of supervisors from their positions; the concerted stoppage of work by supervisors; the concerted submission of resignations by supervisors; the concerted abstinence in whole or in part by any group of supervisors 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 supervisors to report for work after the expiration of a collective bargaining agreement. 6.2: The IUPA recognizes that strikes by public supervisors are prohibited by Article 1, Section 6, of the Florida Constitution and Section 447.505, Florida Statutes. rUPA agrees not to authorize, instigate, or otherwise support 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 take all affirmative action legally available to prevent or terminate any strike which occurs in contravention of this commitment. 6.5: For the purpose of this Agreement, informational pickets shall be allowed. Informational pickets shall not stop or discourage City supervisors from normal business. Informational pickets shall not encourage any type of act that would violate local ordinances, city, state or federal law, e.g., honking of horns, etc. ARTICLE 7 HOURS OF WORK AND OVERTIME 7.1: Basic Work Week: (a) The basic work week for regular full-time supervisors 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 b, sie . ,._k eek a,... _ seng" cf iL•sca Lcc:aAika cre a r Y regain e- ei. by Ariz Dapai4ment Head or his designee. (a) (b) Meal periods shall not be considered time worked. (d)(c) Supervisors will be entitled to a one (1) 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. Supervisors will also be entitled to two (2) paid fifteen (15) minute work breaks, one in the morning and one in the afternoon. 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. Supervisors will be paid for an eight (8) hour day. In order to be entitled to the (1) hour unpaid lunch, 1 hourpaidluaeh, the supervisor must have worked four and a half (4.5) hours of their shift. Hours of Ooeration 1. Administrative supervisor's hours of work are from 7:30 a.m. to 4:30 p.m. or 8:00 a.m. to 5:00 p.m. Monday through Friday. At the discretion of the supervisor's supervisor the hours of work may be changed as long as the hours work total 8 hours. 2. NOR e er y I7,0e Ali Anly by -an individual supervisor te aeeamaaedate the r ( )heuf inealY 3. Hours of operation for both Administrative and P.en aElfflinist ., supervisors may be changed from time to time at the discretion of the emplayee' immediate supervisor. (e) The two fifteen (15) minute work breaks for both A d...1..1alrati..e a_*l d e., administr empleyees supervisors will not be taken immediately before and/or immediately after the meal break, and it must be used or lost. It cannot be used to make up for late arrival or for leaving work early. (f) The City will make a good faith effort to find work for supervisors when adverse weather conditions do not permit outside work. If no work is available, supervisors may use accrued vacation, personal, or compensatory time, (if earned) to leave work for the remainder of the day. 7.2: Communications Division: (a) Unit supervisors shall be entitled to one (60) (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 supervisor works a twelve (12) hour shift, they are entitled to one (1) (60) thirty (30) minute meal break and three (3) fifteen (15) minute paid breaks. (b) The Supervisor of 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 supervisor who works either regularly scheduled hours or overtime hours that fall between 6 P.M. and 6 A.M. shall be entitled to a shift differential equal to five percent (5%) of their regular hourly rate of base pay for each hour worked. (d) A nl 1 nispa4ehe-.. 1._ is pe..a ill be paid an a ee n 1 $3 nn b o xr. x x xax- alTlllsllztr�inina will �, �� �„ � or all hours they are ae4ua11y preyiding in he..ae i..atnie.:,.., And net en leave. let A 911 ENspa♦eher is d signated as required to be en eall and ill b idone l Cal _o ________ required __ __ __ ___ ____ and one half for eaeh hA-1 a.,,l he paid t e I.. ufs at im and a..e half F they ai.e ne. 8the. aid eall baal. pay , ... 7.3: Overtime: (a) Overtime will be authorized only when it is in the interest of the Employer and is the most practicable and economical way of meeting workloads or deadlines. (b) All authorized and approved time worked in excess of forty (40) hours in any one work week is considered overtime worked and shall be either paid at the rate of one and one-half (1 %a) times the hourly wage of the supervisor, or by compensatory time off at the rate of one and one-half (1-1/2) hours for each hour worked over forty (40) hours in any one work week. (c) The Fair Labor Standards Act (FLSA) states that unless exempt, supervisors covered by the Act must receive overtime pay for hours worked over 40 in a work week at a rate of time and one-half their regular rates 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 work week basis. It need not coincide with the calendar week but may begin on any day and at any hour of the day. Different work weeks may be established for different supervisors or group of supervisors. (d) For the purpose of overtime computation, time spent by ae etxipleyee a supervisor on personal leave, vacation leave, sick leave, funeral leave, jury leave, military leave or any other approved paid leave will be considered as time worked. However, time spent on unapproved leave, administrative leave, unpaid administrative leave will not be considered as hours worked. (e) Emergency closure hours will be considered time worked for the purpose of computing overtime. (e)(f) 1. If anempleyee a supervisor has accrued earned overtime, he or she may elect, with the approval of the Department Head, to accrue compensatory time off rather than be paid for the overtime. 2. Unused ... efeed eempensatety titti ill be eenvat4ed to the hourly rate of pa et the end of eaeh fiseel year quaftef and added to thpiff f—ingt .. eheek the fallowing nienth Any unused accrued compensatory time remaining will be paid out at their current rate of pay in the last pay period of the fiscal year. The Police Department Supervisor of the Communications Division will be able to retain 4 hours compensatory time earned during the last pay period of each quarter as a result of the long week to compensate for their short week in the first pay period of the next quarter. An supervisor may accrue up to a maximum of forty (4--8 40) hours of compensatory time in any Fiscal Year. if it is not used, the supervisor will be paid at the end of the fiscal year. n written request c payout for all aeopaed efwhieh eighty iom he... y hee over c .... yean nlie satef t:...e: exeess of eighty-(" hours up to one hundred twenty (120) h,.0 Fs Friust he used in the same ❑:..eel Year med (and by the last f n e fied ,.fthe fiscal year) or the _e..,e:.,:....r balane., unused e,.mpensater time in e.,eess ,.f eight. (80) he..F.. Will be sari. eFted t.. Q.e e _.en,isWs eurfeet h,.. FI. fete of pa and added to their Q.et pay el.eck in Oetehe� up to one hundred t.. ent y (120) h.a...s earned in an fiscal yeaF nee.. ed e9mpe.lsatOry tinie ..All he eanye..ted to thesupen,iser'sewieat t.,,..dy fate of eey and added to the: C f,nt Pay eheek ill Oetehe. Wfitten request e .. ..eyOUt for all OF PaRiel eeeffitis�..ed i`i t be submitted by Seete..hef 1 ' „f eae1. (west . 3 C ee ...: h:e to ....e ..ee..,ed eampensatery time eff e.....t a llew the Same pr. The supervisor must receive prior approval to use compensatory time off, except in emergency situations. The supervisor's Department Head shall attempt to accommodate the desires of the supervisor as to the time off desired, work schedule and conditions permitting. (f) No supervisor will be placed in a leave without pay status during the basic work week in order to deprive him or her of the right to earn compensable overtime. The supervisor may 10 elect to flex time within the same day seven (7) day work week; 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. Supervisors shall be required to work overtime when assigned unless excused only by the Department Head or their designee. Affy supe fvis ._ who .,nn:_nn to he n.,n..ned f,.m An .e.w:me n e..t shall sabmit ♦e their Depaftme..F Head er their .lesignen n .ri4ea reqeest o be n nn.i I the event that the Pepa..tmeSt 14pad or the:- designee ,.n...,st nn1.eA..ln a n..:,nbin eye.e:me work C Fee ffem the eemplmme.., of supe-..:n..rs yh have ne! requested -e1:e f anm aye.t:mef -.supe.1n..-n who have nppr-eyed written Felie (h) If as empleyee a supervisor leaves the service of the City, he or she will be paid for all accrued compensatory time at the supervisor's current hourly rate of pay to a maximum of forty (40) hours. 7.4: Call-Out/Desienated On -Call (a) Call -out -When an empleyee a supervisor is called back to work after his or her normal workday, he or she shall receive a minimum of three (3) twe{2) hours pay at the overtime or compensatory time accrual rate. The maximum travel time paid is 4es 30 minutes. (b) When an empleyee a supervisor is assigned to attend a meeting or perform work immediately following or preceding his/her normal work day, the employee supervisor shall be entitled to a minimum of thirty (30) fifteen (15) minutes pay at the overtime or compensatory time accrual rate, if applicable, and shift differential if appropriate. Hours in excess of forty (40) hours per week will be paid at the overtime or compensatory time accrual rate of time and one-half (I %z) the supervisor's regular hourly rate of pay. (c) Designated On -Call rr_nluden G�.ne Seene' snit (Excludes Communications 911 Department) — When the Department Head or their designee designates an empleyee a supervisor to be on call, the empleyee supervisor must respond within 1 hour or advise the Head- eF designee of the delay. The emplyee supervisor will receive one hour at time and one- half for each Monday thru Friday, and be paid two hours at time and one-half for each Saturday, Sunday and holiday $1.00 per he for being on -call. The maximum travel time paid is 45 30 minutes. b 04 Ne. n r e 01, c I . an...na Leh 2e 201 C of the ( ky of Sebastian Deliee Offiee .el's :el. deseriptie., fans .naen rile definition ....ayi lea :., See. 58 eo r24.. of Sebastian rdina..nen ARTICLE 8 SENIORITY/LAYOFF/RECALL 8.1: Definitions: (a) City seniority is the total cumulative length of uninterrupted regular full-time or Fegalar pe# time employment of an empleyee a supervisor by the Employer, measured from the most recent date of regular employment by the Employer, except as provided in Section 8.2 below. 1t (b) Classification seniority is the length of regular full-time or rem pw4 time service by an employee a supervisor in the same job classification. (c) City seniority shall apply for the purposes of layoff, vacation computation, service awards, or other matters based upon length of service. 8.2: Accrual of Senioritv: (a) Employe e Supervisors shall be placed in a probationary status for the first six (6) months of employment in any job classification. s Supervisors on probation accrue no classification seniority until they become permanent regular supervisors, whereupon their classification seniority shall begin from the date of entry into the classification. Ansupensiser A supervisor 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. (e)(b) Any empleyee supervisor 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 supervisor's return to work. 8.3: Loss of Senioritv: Employee Supervisors shall lose City and classification seniority only as a result of: (a) voluntary resignation; (b) retirement; (c) discharge; (d) layoff for a period exceeding twelve months; (e) absence from work without authorization; (f) failure to return from military leave within the time limit prescribed by law; (g) approved leave of absence without pay of more than twelve months. 8.4: Work Force Adiustment and Lav-off: (a) When work force adjustment becomes necessary due to lack of work, shortage of funds, discontinuance of operations, or the subcontracting out of City services, the Employer may lay-off employees -supervisors. IUPA and the affected empleyee(s) supervisor(s) shall be notified in writing not less than sixty 60 calendar days prior to the effective date of such lay-off. (c) If the City fails to provide the empleyee(s) supervisor(s) with a sixty- (60) day written notice of lay-off, the City will pay the employee (a) supervisor(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 supervisor may be reassigned to other employee supervisors already working who hold positions in appropriate classifications. (d) No regular full-time empleyee-supervisor shall be laid -off while a probationary, part-time, or temporary employee supervisor remains employed in the same job classification. (e) Permanent, regular full-time employee supervisors who receive a notice of lay-off shall 12 have the right, in accordance with their seniority, to transfer or downgrade (commonly known as "bumping") or to take the lay-off. Bumping shall only be permitted in the event of lay-off, in accordance with the following procedure: (1) Management shall identify the position(s) that may be bumped within five (5) business days of the notice and explain the options to the affected supervisor(s). Position classifications that are available for bumping will only be for the same grade or less than the empleyee'' supervisor's current position. The empleyee supervisor must possess the minimum qualifications for that position, and have greater City seniority than the present occupant of that position. Affected supervisors shall have five (5) business days, from the date their options are explained, to notify management whether they desire to bump or take the lay-off. (2) If otherwise eligible, the bumped supervisor may then proceed himself in accordance with this article. (3) In the event that two or more affected supervisors have the exact same citywide seniority, the empleyee supervisor with the least classification seniority will be laid off first. If both empleyee supervisors have equal seniority, the empleyee supervisor 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 A empleyee supervisor bumping to a different job classification shall be placed in a probationary period of sitenths three (3) months. If, in the opinion of the City, the supervisor cannot satisfactorily perform the duties of the position to which the member has bumped, the supervisor will be laid off without further bumping rights. (5) An supervisor bumping to a job classification which is lower than their present job classification will take a 3% per Grade not to exceed nine (9%) percent reduction in pay. In no case will the supervisor be paid more than the maximum rate of the lower classification. (f) Probationary supervisors shall have no bumping rights. An-e�A supervisor who is in a probationary status as of the date of notice of the lay-off, but who has previously achieved permanent status in a lower job classification, may revert to such lower classification for the purpose of exercising bumping rights. If the empleyes supervisor reverts to the lower classification, their pay is adjusted to the pay they previously held prior to the promotion. (g) Regular part-time supervisors may only bump other part-time supervisors. (h) Exempt supervisors 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. 8.5: Recall: (a) Recall of laid -off supervisors 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 empleyee-s supervisor's last known address, to confirm the phone conversation and/or document that the recall notice has been provided. Laid -off empleyee supervisors who desire to be recalled shall keep the Employer continuously informed of their current mailing address, or lose their recall rights. 13 (b) Within three (3) business days after receipt of a notice of recall, recalled empleyee supervisors 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 supervisors must return to work fit for duty within ten (10) business ealaadeF days of the receipt of a recall notice, or they will lose their recall rights. (c) Employee Supervisors who are laid -off will be eligible for recall for 1 year of the effective date of such layoff for any position in the same or lower pay grade. When an empleyee a supervisor returns to a position of a lower pay grade, he or she will take a three (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 supervisor'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 "supervisor's immediate family" is defined as the supervisor'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 supervisor'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: (1) 3 Consecutive Days in State of Florida (2) 5 Consecutive Days out of State commensurate with scheduled shift hours (Not to exceed 40 hours) (3) Part-time supervisors receive 2 Days (4) All Paid Bereavement Leave must be taken within 14 consecutive calendar days of the death unless approved by the City Manager. (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 supervisor's discretion to accrued compensatory time, vacation leave, sick leave, personal leave or, if no leave is accrued, to leave without pay. (e) Within thirty- (30) calendar days from the date the supervisor returns to work from such absence, the-empleyee supervisor 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 ernpleyee supervisor reimbursing the City for 14 any paid leave taken under this Article. Any employee supervisor 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-empleyee supervisor will be unable to obtain a death certificate. In this event, in lieu of a death certificate, the supervisor shall submit a newspaper account showing the death and the relationship of the deceased to the supervisor and/or other appropriate criteria as deemed appropriate by the Human Resources Director. (f) For non -immediate family, empleyee supervisors have the option to use accrued vacation leave, compensatory time or personal leave, for the attendance of funerals. Efnpleyee Supervisors will supply their department head with written notification for this request in as timely a manner as possible. The employee supervisor will make every effort to comply with the provisions of this section. In the event that the employee supervisor 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 (a) Any empleyee supervisor who is required to appear as a witness resulting from the performance of his duties with the City shall be entitled to the following: A. Regular pay if called to testify during regularly scheduled hours; B. A minimum of three (3) hours at one and one-half (I %:) times the supervisor's base rate of pay if called to testify outside the supervisor's regular hours of work; C. In such cases, the supervisor will be required to assign the witness fee to the City. Employees atteridio. ,.owt on behalf of the City, ......«.. other «..h1:e :..risdietion during 4�POF nemiel vVoi,4-ing hours shall reeeive leave with pay feF the houN they tFavel to an attend eourt— The _City Sebastian Travel PeNe. ill he d r,._ i .. ,cTii cn��aSco—rvri=rirrcrexjicirit,s `T (b) All empleyees supervisors subpoenaed to attend court on behalf of the City are eligible for leave with pay. Those supervisors who become plaintiffs or defendants for other than work related reasons are not eligible for leave with pay but may request to use accrued annual leave, compensatory time or personal leave. (c) Employees Supervisors 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 court. (d) An employee A supervisor required to attend court while on scheduled leave is entitled to a minimum of three (3) hours at one and one-half (1 %2) times the supervisor's base rate of pay for each day and may be allowed to substitute that amount of pay instead of vacation, compensatory time, or personal leave for such period, provided that the court appearance meets the requirements of section (a) of this Article. (e) Empleyees Supervisors who seek to receive leave with pay under this section shall present official notice of their subpoena to their superNciser department head at least twenty-four (24) hours in advance of the scheduled time, unless the empleyee supervisor actually 15 receives less than twenty-four (24) hours advance notice. Supervisors who are required to be absent for Court Leave shall submit official documentation to their seperiseF department head showing all days or hours of court leave upon return to work. (f) Consistent with existing City policy, the empleyee supervisor 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 Dutv (a) A permanent full-time employee supervisor shall be granted time off, not to exceed eighty (80) hours, at the employee's supervisor's regular pay for reporting to required jury duty upon presentation to the em's supervisor's department head of satisfactory evidence that such jury duty is required and provided the time required for jury duty is the ernpleyee's supervisor's normal workday or work shift. In order to be eligible, the empleyee supervisor must report at least seven (7) calendar days prior to the date of jury duty to the immediate supervisor department head 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 empleyee supervisor for jury duty shall be retained by the empleyee supervisor however, a pro rata amount of the jury duty pay received by the empleyee supervisor will be deducted from the empleyea-s supervisor's regular pay based upon that portion of the regularly scheduled workday missed by the empleyee supervisor. There shall be no deduction for mileage pay or for the four (4) hour reporting period provided in Section (c) of this Article. tea empleyes A supervisor 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 ettpleyee a supervisor is released from jury duty within four (4) hours from the time required to report for such jury duty, the empleyee supervisor shall be required to report for duty on that date, provided that it is the empleyee'-e supervisor's regular work day or shift. 9.4: Conference Leave: The City may grant conference leave with pay, together with necessary travel expenses, for supervisors to attend conferences, schools, and similar events designed to improve their efficiency, if considered to be in the City's best interest. All leave and expenses will be recommended by the Department Head and subject to approval of the City Manager. 9.5: 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 (a) The City agrees to grant request for leave of absence with or without pay in accordance with Florida State Statute 115.07 — Officers and supervisors' leave of absence for reserve or guard training. Per State Statute, leaves of absence granted as a matter of legal right 16 under the provisions of this section may not exceed 240 working hours in any one annual period. Administrative leaves of absence for additional or longer periods of time for assignments to duty functions of a military character shall be without pay and shall be granted by the employing or appointing authority of any state, county, municipal, or political subdivision to provide a substitute supervisor, if necessary for the assumption of such employment duty while the supervisor is on assignment for the training. (b) The empleyee supervisor shall be required to submit an order, Battle Assemble (BA) Schedule or statement (pending orders) signed by the appropriate Commander as evidence of any such duty, Such order, BA Schedule or statement must accompany the form request for Military Leave at least two (2) weeks prior to the date 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 NFA business. (b) An supervisor 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 supervisor must exhaust all vacation leave, personal leave, compensatory and, if appropriate, sick leave. (2) Voluntary separation from City service, to accept employment outside of the service of the City, shall be considered an insufficient reason for approval of a request for leave of absence without pay. (3) If for any reason a leave of absence without pay is given, the leave of absence may subsequently be withdrawn by the Department Head and the City Manager, and the supervisor recalled to service if the need for leave no longer exists. (4) An supervisor requesting a leave of absence of more than three days must request Family Medical Leave Forms (FMLA) for medical reasons, per FMLA and submit a written Doctor's note to their Department Head stating the length of time they will be absent. In addition, the supervisor must keep the Administrative Services Department advised of his or her current address at all times. If a Doctor's note is not submitted, the supervisor 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 supervisor being dropped from leave of absence status, in which case he/she must return to duty or be dismissed. (5) An supervisor who obtains either part-time or full-time employment elsewhere while on an authorized leave of absence is required to notify his Department Head in writing within three (3) days of the acceptance of such employment or they will be terminated 17 from City employment. (6) At least two (2) weeks prior to the expiration of the leave of absence, the supervisor must contact the Human Resources Department in order to facilitate the reinstatement process. (7) Failure by an-exipieyee a supervisor 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 CWAJITU pension plan while the empleyee supervisor is on an unpaid leave of absence. (d) During the time the supervisor is on leave without pay, the supervisor will not accrue sick or vacation leave, unless the supervisor 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 supervisor loses both City and classification seniority after twelve months. (e) An supervisor 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 supervisor. It is the supervisor'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 supervisor's return to active duty consistent with the plan's requirements. 9.8: Eligibility, Only regular full-time and regular part-time supervisors are eligible for the miscellaneous paid leaves provided by this Article. All such benefits are personal to the supervisor and shall not be transferable. 9.9: Personal Leave Eligibility — Each regular full-time empleyes supervisor shall receive thirty-twe (32) twenty (24) hours of personal leave per fiscal year. (a) Employees Supervisors starting during the year will get a pro-rata portion of the personal leave hours. Those starting during the first three months (October — December) receive eight (8) hours, second three months (January — March) receive four (4) hours, and those starting in the third three months (April — June) receive two (2) hours. These st....:. g durifi^ third t._o...nant t s _eeeive twelve (12) alld the iast throe . eiit... _eeei .e six (6 (Keeping previous language) (b) Personal leave must be used by the last full pay period of the fiscal year. (c) Personal Leave will not be paid out upon separation of employment. 18 ARTICLE 10 SICK LEAVE 10.1: Eligibility/Accrual of Sick Leave: (a) Only regular full-time afld Fegulff part fiffle empleyee supervisors are eligible to accrue sick leave. Regular full-time supervisors will accrue sick leave at the rate of ninety-six (96) hours per calendar year or 3.692 hours per pay period. peter Sick leave will accrue bi-weekly over twenty-six (26) pay periods. (b) New supervisors start to earn sick leave from their date of hire. Eligibility; a.ztwi9lepayperied are not eligible 48 1. Sick leave does not accrue while an supervisor is on any unpaid leave. 10.2: Reauest for Sick Leave: (a) Any supervisor 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 (2) hours for Dispatch, except in an emergency situation. On the initial day of being absent, the supervisor must call iate their Department Head. Upon approval of the imiRediate SupeMseF Department Head, texts and emails will be accepted afterthe initial Safi. The empleyee supervisor shall state the nature of his,�h ineapaeitatien, its the expected period of absence. The empleyee supervisor shall repeat this procedure each day he/she is unable to report for work, unless excused by the Department Head. (b) If an-ertpleyee a supervisor is absent from work in excess of three (3) consecutive work days €ff rl:....ateh and five (5) ,.,...,.,,euti. e e r all ether r,epaf4ment _..«..,._.a due to an illness, the member must submit a doctor's note to the Department Head, or his/her designee, attesting to the supervisors ability to return to work with or without restrictions. If an supervisor is to be absent more than 3 days for Pisp ateh ^..a fi .e (5) days re_ all eibe. Department personal, 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 fifteen (15) minutes. Fifteen (15) minutes shall be deducted from an supervisor's accrued leave balance for each quarter hour, or part thereof that an supervisor is actually absent from his/her duty station while out of work on sick leave. 10.3: Use of Sick Leave: (a) Sick leave may be used for the following purposes: (1) supervisor ill health or; 19 (2) maternity (2) medical, dental, or optical treatment required during working hours; (3) quarantine due to exposure to infectious disease; (4) supervisor ill health while on annual leave; (5) in connection with Workers' Compensation; (6) for death in supervisor's immediate family; including extending bereavement leave and (7) illness of an immediate family member requiring the supervisor 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 holidays or weekends, the member may be required to furnish a doctors 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 supervisor is not being compensated for the same time by the other employer. (d) Supervisors may not use sick leave during their first sixty- (60) days of employment. If an supervisor resigns or is otherwise terminated during the first six (6) months probationary period, he/she will reimburse the City for all sick leave used by deducting the cash equivalent of hours used from his/her final pay check. (e) Supervisors hired prior to October 1, 2022, upon separation from employment in good standing (resignation or retirement with a two -week notice or medical separation), a bargaining unit member is eligible to be paid for a percentage of his/her accrued balance of sick leave up to a maximum of 600 hours. The percentage is as follows: If separated before completing first year - 0% 1 Year but less than 5 Years Completed - 25% 5 Years but less than 10 Years Completed - 50% 10 Years but less than 20 Years Completed - 75% Over 20 years of completed service -100% (f) Supervisors hired on or after October 1, 2022, may accrue up to 480 hours. This is to allow for Family Medical Leave. The 480 hours are not paid out when the supervisor separates from the City. (g) Sick leave will not be approved or paid during an supervisor's last two (2) weeks of employment, except in the case of an emergency. An supervisor requesting paid sick leave will be required to furnish a doctor's note verifying that the supervisor was medically unable to report to work. Failure to provide this documentation will result in no pay for the day(s) in question. (11) Oneeas320"heurmVii&hlc-.. the), may .. their ptie_enve.,r.ay Pereent oi icn41,.r.,... ...,..see--neep,va.ick-leave inexeessefz2-0hru"t'/ARC;en-leave 20 ARTICLE 11 VACATION LEAVE 11.1: Eligibility: Only regular full-time and -egule- peFt tifne supervisors are eligible to accrue paid vacation leave. Probationary supervisors will be allowed to use accrued vacation leave at the approval and discretion of their immediate Department Head or his/her designee. iet eligible for the aesmAl 89YAAA*i9B IRA— 11.2: Rate of Accrual: (a) Vacation leave is earned on a pro-rata basis. Full-time supervisors will accrue vacation leave based on their years of service with the agency. ......e-..: �,.rs we..ldag f fty inm hou fsfner-e pef pay pe..:ed will be et of e wel ftl,e vee.-.el rate of a regular fill tifne sepen,iser with Are sAme, _..._t,e_ of yea" of sen4ee. To clarify the rate at which an supervisor accrues vacation leave the following tables will be used. Eligibility: A. Regular full-time supervisors and regular pai4 time empleyeas working forty (40) hours or more per pay period are eligible. B. Ter. pafaFy and seasenal emplayees eve not eligible far N,aeeNen leave be..eAt.. E Ue..t time empla bees e.4"g lees than e f .barb (40) hour pay peAad e e not eligible for vet: e.. lee..e 1.appfit.. D. Vacation leave does not accrue while an supervisor is on any unpaid leave. Leave accruals will be adjusted on a prorated basis for any hours which are unpaid during the pay period. Table #1: Full Time Supervisors Bi-weekly Vacation Leave Length of Service Accrual Rate Hours Earned 1 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) 21 11.3: 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 empleyee supervisor has no accrued balance of vacation leave. (c) The minimum charge against the accrued vacation leave balance is fifteen (15) minutes. Fifteen (15) minutes shall be deducted from an-empleyee-a supervisor's accrued leave balance for each quarter-hour, or part thereof that an supervisor 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 supervisor'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. 11.4: Use of Vacation Leave: (a) Vacation leave may be used for the following purposes: (1) vacation; (2) absences from duty for transaction of personal business, which cannot be conducted outside of working hours; (3) religious holidays not designated as official holidays; (4) medical leave if sick leave balance has been exhausted; and (5) any other absences not covered by existing leave provisions, at the discretion of the Employer. (b) Any supervisor who becomes ill while on vacation leave may substitute accrued sick leave for vacation leave for the period of illness. The supervisor shall supply appropriate certification from a physician as to the nature and duration of the illness. (c) Supervisors will not be allowed to carry over from one fiscal year to the next more than two (2) years' worth of accrued vacation leave. If during the year the supervisor 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 supervisor 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 accrued. Proper documentation signed by the supervisor's Department Head will be forwarded to the Administrative Services Department where it 22 will be kept on file indicating the reasons for not granting the requested leave (d) Vacation Leave Cash -in Supervisors will not have the option of cashing in vacation, but will have the ability to cash out when the supervisor retires. (e) When as empleyee a supervisor is on an approved vacation leave and is called in to work during their normally scheduled working hours, their leave banks will only be reduced by the number of hours they were off work. The supervisor's rate of pay for hours worked will be the overtime rate of 1 %. If the supervisor works beyond their normally scheduled hours, then overtime provisions will apply for those hours. 11.5: Separation from Employment: (a). Emple..ees hired prior (resignation iFe rientA,ith. a :AM" ...vet. -.,.r...e OF Medb.�xcal Sepff t R) ..41, c o icl .._ ...,._e eemple.�8t:. e ...„hyment will bee' Bible to be paid for t.'. /6e_ ........r'veerved balamee Af vaeatien leave .._ ............:...um of 400 1,,..._ (upon Fete_.....,.... f_,. . Git service,all r ..tar roll t.n lar part .one . _I shall be entitled to be d v all fhisihe ref. ., levy e .Ise _ f1. d 1. pai,,-r-a:stied-a pay 5 the s per:isaf an the -date ref separation. Upon_separaten-:ro«r_en:4oyi;e„t4n-geed-stand:«.. (resignation e_ _L.e.., —ith A Pw . wi. Nee .._ medical ..e.... ..' n) shired on or �cm��shall —Pald-a-ltereeatage af,�.,.-r aeemed bal anep ePwaaati ol'240 400 ho TI en -lee, e . � _ ijeicztta�., if separated I.,.f._e eon eting the first yeaf 0oi Year but legs than 5 Years eempleted 2504 5 Years but less than l0 Yeafs eeinpleted 5004 10 Years but less than 20 Years eempleted 7504 Over 20 Years i00% (a) Supervisors hired prior to October 1,2022, upon separation from employment in good standing (resignation or retirement with a two week notice or medical separation) with five (5) or more completed years of consecutive employment will be eligible to be paid for his/her accrued balance of vacation leave up to a maximum of 400 hours. (b) Supervisors hired on or after October 1, 2022, shall be entitled to be paid a percentage of his/her accrued balance of vacation leave up to a maximum of 240 hours. The percentage is as follows: If separated before completing the first year -0% 1 Year but less than 5 Years completed -25% 5 Years but less than 10 Years completed -50% 10 Years but less than 20 Years completed -75% Over 20 Years -100% (c) Vacation leave will not be approved or paid during an-empleyee a supervisor's last two (2) weeks of employment except in the case of an emergency. An "levee A supervisor requesting paid vacation leave will be required to furnish proof of the 23 emergency or doctor's note verifying that the supervisor was medically unable to report to work. Failure to provide this documentation will result in no pay for the day(s) in question. ARTICLE 12 GRIEVANCE PROCEDURE 12.1: The procedure set forth in this Article shall be the exclusive method for resolving IUPA and supervisor 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 IUPA agree that every effort will be made by management and by the grievant(s) to settle grievances at the lowest level possible. 12.3: General Provisions: (a) All references to days in this procedure are to work days. The time limits specified in this Article may be extended by mutual agreement in writing of the parties. (b) Time is of the essence in this procedure. Although any time limit may be extended by mutual written agreement of the grievant(s) and the City, the failure of the grievant(s) to observe the applicable time limit, shall constitute an abandonment of the grievance, absent a mutually agreed extension. (b) Request to bypass any steps will be in writing and must be approved by the City Manager or his designee. 12.4: Procedure: Step 1. Step 1 is initiated by the supervisor or rUPA Representative filing with the Department Head 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 supervisor 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 within ten (10) five (5) business days of the submission of the written grievance. Within ten (10) 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 Head's decision, or if no decision is issued within the time allotted, the grievant(s) may appeal to Step 2. Step 2. Within ten (10) five (5) business days following the date of the Step 1 decision or the date 24 on which it was due, whichever is earlier, the grievant(s) or IUPA Representative may file a written appeal to the - HR Director, attaching all applicable grievance documents. A grievance meeting shall be scheduled within ten (10) 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 ten (10) 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 ten (10) five (5j business days following the date of the Step 2 decision or the date on which it was due, whichever is earlier, the grievant(s) or IUPA Representative may file a written appeal to the City Manager. The City Manager will review all pertinent information and may schedule a hearing including due process for name clearing hearings and issue a decision within ten (10) five (5) business days of the hearing or ten (10) €rve (3) 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 grievant(s). In all cases other than minor discipline and performance evaluations, if the grievant(s) is not satisfied with the Step 3 decision, the grievant(s) may invoke the arbitration procedure of Step 4. Step 4. The grievant(s) or IUPA Representative 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 date, on which it was due, whichever is earlier. Invocation of arbitration by the grievant(s) will not preclude settlement of the grievance at any time prior to the issuance of an arbitrator's award. 12.5: The parties will attempt to agree upon a mutually agreeable impartial arbitrator. If, however, this cannot be done within ten (10) seven (7) business days following the Employer's receipt of the grievant(s) request for arbitration, representatives of the Employer and the grievant(s) shall jointly submit a written request to the Director of the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) professional arbitrators. Upon receipt of the list, representatives of the Employer and grievant(s) shall meet within ten (10) 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. The person whose name remains on the list shall be the arbitrator, and the parties shall jointly notify the arbitrator of his/her selection. Either party may object to all names on the list, provided that objection is made prior to the commencement of the striking process. If this happens, a second joint request for a list will be made. 12.6: All arbitrations arising under this Agreement shall be conducted at City facilities within the City of Sebastian and in accordance with the following rules: (a) The arbitrator shall have jurisdiction and the authority to decide a grievance properly brought before him/her. (b) The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. 25 (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 supervisor 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 supervisor, the arbitrator is empowered to either sustain the discharge or, if he/she does not, he/she is empowered to reinstate the supervisor 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 supervisor may have received. (e) The fees and expenses of the arbitrator will be paid by the losing party. Each party shall bear the cost of its own witnesses and representatives. Any party requesting a transcript will bear its cost, unless otherwise agreed. (f) Copies of the Arbitrator's award, made in accordance with the jurisdictional authority under this Agreement, shall be famished 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 regulff PRA gme supervisors: New Year's Day Martin Luther King Jr. President's Day Memorial Day Independence Day Labor Day Alfl eenth Geed Friday Veteran's Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Day Christmas Day 13.2: Generally, when a holiday falls on Saturday, the preceding Friday will be observed as the holiday. When a holiday falls on a Sunday, the following Monday will be observed as the holiday. However, on occasions, another day of observance may be more appropriate; in such instances, the City Manager will establish the date and will notify all supervisors in advance. For the 911 Emergency Dispatekers Supervisor(s), Holidays will be observed on the actual Holiday. For any supervisors Working at the Golf Course and or Tennis Courts Tennis ARendants, Holidays will be observed on the actual Holiday. 13.3: No regular full-time er paA time empleyee supervisor shall receive pay for a holiday unless he/she is in an active pay status or actually works his/her normal work schedule on the work day immediately preceding and the work day immediately following the day on which the holiday is observed. For purposes of this Article, "active pay status" also includes any approved leave with pay. 26 13.4: For holiday purposes, a holiday pay for regular full-time supervisors is defined as the em-s supervisor's normal shift (eight (8), ten (10), or twelve (12) hours). Holiday pay c - -egul..r paFt :s defined as the supe....:gAr's «e_.. al ..h:A ...he we-i, en that day shall ... and one half (I IL) times the emple, ee's-egulaf heudy e feF eael, he..-.. erked .1...ing the holiday in addition to the:-..eheduled he..-s )8 OF 10 or 12) as helida. pay far the holiday 13.5: If a full-time employee supervisor is scheduled to work on the day of a holiday they will have the option of requesting overtime pay for the hours worked at the time it is earned or request compensatory time in lieu of pay. The employee supervisor must notify their immediate stipe-- isoF department head, in writing of their option no later than the last workday before the holiday. If the option is not presented to the supen,iser department head on or before the last workday before the holiday, overtime pay compensation will be used. 1 d le th.,.. c i4y (nm h a t B. 1�cB�e-exixF.lc%Tccs-'v'avz �.g-.voozncrsrron7—\�v�-xxovx'.rpCrFm%rpoi�oecro-fli eligible fer holiday leave benefits. G. Regina- paFt time .mpleyees net se-heA..le.l to . eA a net eligible fer helida leave benefits. 13.6 Regular full-time Supervisors not scheduled to work the holiday will receive straight time pay for their normal shift. For example, if an-ea*eyee a supervisor is scheduled Tuesday thru Friday and the holiday falls on a Monday, the supervisor would receive eight (8), ten (10) or twelve (12) hours of straight pay for the holiday. The holiday pay would not be included as hours worked for the purpose of overtime calculation. ARTICLE 14 PROMOTIONS. TRANSFERS AND ADJUSTMENTS 14.1: Any empleyee supervisor 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 supervisors. 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 supervisors will be interviewed first. A final decision will be made only after any qualified current supervisor applicants have been interviewed. Anempleyee A supervisor whose performance ratings were less than satisfactory is ineligible for promotion. 14.2: a) When an -employe@ a supervisor 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 supervisor's current salary is higher than the minimum rate for the position to which promotion is made, the supervisor 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 27 recommended by the Department Head. b) When an empleyee a supervisor 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 (9%) decrease in salary. 14.3: The effective date of as empleyea's a supervisor's demotion or promotion to a new job classification shall be the e-�yeaTsupervisor's new classification anniversary date for the purposes of classification seniority determination. The supervisor must serve a ninety day (90) probationary period in the new job classification. 911 cEme-gene• DispatelieFs will __n.e _ ene (1 year prebatienm • _e�oa. If at any time during the probationary period, the empleyee—supervisor is found to be unqualified for the position or incompetent to perform the duties of the new position, a transferred or promoted empleyee supervisor shall be returned to their former position at their former rate of pay. If no vacancy exists, the employee supervisor shall be laid off in accordance with the provisions of Article 8. 14.4: An empleyee A supervisor may be transferred between departments when a vacancy exists in the same classification and pay grade. Such a transfer does not affect supervisor'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 supervisor must serve a ninety day (90) probationary period in the new assigned department. 911 Eme,...aney Dispmehe_. will se e a e n) . , ...babe. tied (c) If at any time during the probationary period, the supervisor is found to be unqualified for the position or incompetent to perform the duties of the new position, he or she shall be returned to the position from which the transfer took place at their former rate of pay, if there is a vacancy. If no vacancy exists, the bargaining unit member shall be laid off in accordance with the provisions of Article 8. (d) When there is a critical need for the empleyee supervisor to work in a higher job classification, the supervisor will receive the greater of a 3°6 6% increase to their regular hourly rate of pay (or the minimum of the acting Grade) for each hour of work performed at the higher classification. A temporary assignment means filling -in for a vacancy or for an supervisor who is on vacation, ill, has incurred a job -related injury, on FMLA, in training or absent from work for any other legitimate reason. Temporary assignments must be for three (3) consecutive days or more. The supervisor who is working in the temporary higher job classification will receive a 4% 6% increase in pay (or minimum of the acting Grade) For all time worked while in that temporary classification. (e) There may be a need for an empleyee a supervisor to work in an out -of -class position due to a vacancy, illness, vacation, etc. In an event such as this, management has the right to make a request to those supervisors who can perform the duties of the position. If no one volunteers, management has the right to mandate an empleyee a supervisor to work out -of -class even if the work is overtime. An empleyee A supervisor working in such capacity will receive a 6% increase for hours worked. 28 MMETN"PPIPMMM M. (f) Ai+ siapen,isa A supervisor may be assigned to a superviser an assistant superintendent or exempt job classification for a temporary period. The affected supeiiseF supervisor working a period of (3) three consecutive workdays or more shall receive up to a six percent (6%) increase to their regular hourly rate of pay (or minimum of the acting Grade, whichever is greater). The supervises supervisor will be entitled to receive the salary increase for all hours worked while in that temporary classification. - .. WTI 14.5: To promote self-improvement initiatives the Citv agrees to oav sunervisors obtaining an accredited certification in their respective field a one time incentive of $50.00. per certification Each certified course must be different. related to their field. paid by the supervisor. and taken after hours. Certification of the accredited course must be submitted to receive the incentive nay. The maximum navable ner vear is one hundred and fiftv ($150) dollars. All course paid for by the City are not eligible for incentive pay. FEMA Courses are not eligible for incentive pay. 14.5: To promote self-improvement initiatives the City agrees to pay supervisors obtaining an accredited certification in their respective field an incentive pay. Once earned, the payment will be paid on a bi-weekly basis over 26 pay periods. To continue receiving the incentive pay, Certification(s) must be presented annually by January 15"' It is the supervisor's responsibility to submit all Certificates and/or Degrees once they have ended 29 their one (1) year requirement and achieved a Satisfactory or better Annual Performance Appraisal. Certain Certifications require continued educational units; therefore, if the certification expires and the requirements are not met, the incentive pay will be discontinued. However, if all requirements were met and a new Certificate is submitted, the incentive pay will continue. Certifications eligible for payment include, but are not limited to the following: (a) ASE Automotive/Med./Heavy Truck certifications - $50 per certificatioh, capped at $150 per year. Auto technicians that obtain a Master's Technician designation will be eligible for $500 annually. (Must receive a Satisfactory Performance review on 6-month evaluation before receiving incentive pay.) (b) Pfe f ssional :., n .marl oe......_,.es $120 .teems.... (Must be employed one , e.,_ be f pe 50 (a) Genification in Residential and Gomm ......:.J 1..,.. set:.- $50...._..e_N 4: . Gapped apped a (d) Insecticide spray license (one per department/division) - $120 annually. (Must r�eceeiivea Satisfactory Performance review on 6-month evaluation before receiving incentive pay.) (e) A...., outs. Degree fiam e aecFedited eallege $600 ...tally, limited to an n) pe oriehele is d...._ee has been attained the $60A :e e_.r aed in lieu ,.o.�.e $ 1.200 annually. (Must be emple yed one . eaf befe_„ _e. eivi.., inee...:..e pa m Bachelor'sDegree tam an . seredited sellege $i 200 .....tuall.t ..,. lipaited to tits (1) _ rose._t be employed one ..,..,_ bef _� _,.....:.. a Other certifications may be submitted for consideration for incentive money. Upon approval of the Department Head, Human Resources Director, and the City Manager, a dollar value consistent with the above scale will be established. The supervisor must be receiving Satisfactory Evaluations or better to receive incentive pay. FEMA courses are not eligible for incentive pay. 14.6. Upon successful completion of a course as defined in section 14.5 above, the supervisor is eligible for either the one-time incentive pay of $50.00 or up to $150.00 maximum reimbursement for the course. ARTICLE 15 GROUP INSURANCE 15.1: During the term of this Agreement, all supervisors who participate in the group insurance coverage will pay 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 supervisors. 15.2: In the event that the premium rate for dependent group insurance coverage increases, the Employer 30 agrees to notify IUPA-as soon as is practicable. IUPA agrees that the Employer may, at its discretion, obtain substitute insurance coverage by another plan. 15.3: Any eligible empleyee supervisor who elects to participate in the group insurance dependent coverage option plan will pay no more than sixty percent (60%) of the cost of the premium. The insurance premium may change each fiscal year based on renewal rates. The supervisor shall pay any additional supplemental insurance that is optional coverage to the supervisor. 15.4: If the group medical insurance is declined, the empleyee supervisor will receive $200 $150 AO per month ($100 $7S paid twice a month). 15.5: Supervisors 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 supervisor who has 20 years of continuous service will pay no more than sixty percent (60%) of the insurance premium for single coverage. The insurance premium may change each fiscal year based on renewal rates. If the retired supervisor wishes to continue Dental, Vision and Life Insurance for the 2 years, the retired supervisor will pay 100% of the cost. The Health ReiinbuFsemeat Savings Account (u� (HSA)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/ITU Negotiated Pension Plan (hereinafter sometimes referred to as the Plan) nine (9%) of an employee's a supervisor's earnings for each empleyee supervisor covered by this Agreement, for purposes of providing pensions on retirement, death benefits, and other related benefits for covered supervisors of the Employer and other contributing Employers. The Plan is jointly administered by Trustees appointed in equal numbers by the Union and Employers under an Agreement and Declaration of Trust, and has been found by the Internal Revenue Service to be entitled to exemption under the Internal Revenue Code. 16.2: Contributions shall be paid to the CWA/ITU Negotiated Pension Plan, c/o Frank M. Vaccaro & Asso, Inc., 27 Roland Ave Suite 200, Mount Laurel, NJ 08054-1038, no later than the 151 of the following month, together with reports on forms to be furnished by the Plan or the employer's printout, if in an acceptable format. During the effective period of this Agreement, this benefit will be paid monthly over a twelve (12) month period, which will continue for the life of the Plan. 16.3: Title to all monies paid into the Plan shall be held exclusively by the Trustees in trust for use in providing the Benefits under the Plan and paying its expenses. 16.4: The Employer shall supply to the shop steward the IUPA representative'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 supervisors are eligible for inclusion in the CWA/ITU Negotiated 31 Pension Plan. B. New regular full-time supervisors are eligible for entry into this Plan as of the first day of the next full pay period following sixty- (60) days from their date of hire. ARTICLE 17 PERFORMANCE EVALUATIONS 17.1: Purpose: The purpose of the performance evaluation program is to provide a consistent practice of establishing written goals and evaluating the performance of the empleyee.supervisor. It is needed to help measure, improve, and reward supervisor performance, to assist departments and the Employer to meet their goals. 17.2: Definitions: A. Annual Performance Evaluation. The segentisef's supervisor's performance is evaluated by the snpewiser department head 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 supervisor's last performance evaluation. B. Snecial Performance Evaluation. Special performance evaluations are performed by the supervisor any time during the year for special reasons; i.e. change in pay, promotion, transfer, reassignment, etc. 17.3: Policy: (a) Supen isers Department Heads are to administer ae eaapleyee a supervisor'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 supervisor. (b) Where there is a difference of opinion concerning a performance evaluation between the superviser Department head and the employee supervisor, the empleyee supervisor will have the opportunity to express their differences in writing to the sepen,iser department head and the supervisor's evaluator. If the issue has not been resolved at this level, the employee supervisor may activate the empleyes supervisor grievance procedure within the timeframes established in Article 12. (c) Supervisors rated unsatisfactory are not eligible for - increases or promotions or transfers. (d) Supervisors rated unsatisfactory will be put on a 1 to 3 month's Performance Improvement Plan (PIP). A monthly evaluation will be conducted. If the supervisor doesn't improve within the three months, the empleyee supervisor will receive a final written warning, suspension, or dismissal. (e) Supervisors who receive an unsatisfactory rating for two (2) consecutive annual evaluations or special performance evaluations may be terminated from employment for cause. 32 17.4: Statement of Philosoohv: Both the City of Sebastian and IUPA believe that the purpose of the performance evaluation system includes the following: a) to clarify both management's goals for the position and the supervisor's goals; b) to monitor the empleyee-s supervisor'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 department heads and supervisors about the empleyee-s supervisor's job duties and establish a framework for open, constructive feedback; d) to encourage and develop time line plans for empleyee supervisor development, growth and improvement. 17.5: Employee Supervisor Evaluations: Performance evaluations for each supervisor shall be submitted once each year using a City of Sebastian performance evaluation form. Supervisors shall be evaluated by their appropriate department head. Supervisors shall be given a minimum of three (3) workdays notice prior to the evaluation meeting. At the time of such performance evaluation, the sugerNiser's specific job duties, job description, and performance shall be reviewed by both the supervisor and the ster isei: department head to discuss patterns of performance for the past year and expectations or recommended plans for improvement for the upcoming year. Each supervisor 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 supervisor's signature on the performance evaluation form signifies that the performance evaluation has been reviewed with the supervisor, but does not signify that the supervisor agrees with the evaluation. The supervisor must sign all documents (i.e., Performance Reviews, Disciplinary Action, etc.) that are placed in the supervisor's personnel file whether the supervisor agrees or disagrees with the document to signify the supervisor has seen and discussed said document. If the supervisor does not sign the document they will be subject to disciplinary action up to and including termination. Each supervisor shall have the right to see any changes, deletions, or additions to the performance evaluation made by the immediate supervisor, an assistant superintendent, superintendent, department head, or administrator. Such changes shall be discussed with the supervisor. The supervisor 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 supervisor's official personnel file. Any performance evaluations, which are not in the official file, shall not be part of the official record of the supervisor in considering discipline or future performance evaluations. Supervisors have the right to review their official personnel file upon and with proper notification. 17.6: Probationary Period: Each new supervisor shall serve a probationary period of six (6) months, which is an extension of 33 the selection procedure. The probationary period is to give the supervisor 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 supervisor 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. 91' ea.pNs,pa:'' me,.,..,.:aas-..11 ,._.,... ,..� ARTICLE 18 SAFETY 18.1: The City and RTPA 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 IUPA. 18.2: The Safety Committee shall meet regularly, as it may determine, to consider methods of maintaining and improving job related safety. The Committee shall make recommendations by a majority vote for safety maintenance and improvement, which shall be given due consideration by the Employer. Written response must be made by the 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 supervisors 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 supervisors to review. 18.5: Any supervisor 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 supervisor 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: a. With the prior approval of the supervisor's Department Head, the City shall pay for one (1) pair safety glasses. Where prescription safety glasses are needed, the supervisor, in conjunction with the City's Vision Care Plan, shall receive an eye examination not more than once every twelve (12) months. The supervisor 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 supervisors required to wear prescription safety glasses not to 34 exceed one hundred ($200) dollars. b. The City will also pay for the replacement of safety lenses due to on the job breakage or prescription changes, as needed. An incident report must accompany this request, which details how the breakage occurred. The report must be signed by the supervisor's immediate supervisor before being submitted. 18.7: Workers' Compensation: Any regular full-time supervisor who sustains a temporary disability as a result of and arising out of employment by the City as provided by the Worker's Compensation Law of the State of Florida, shall, in addition to the benefits payable under the Worker's Compensation Law be entitled to the following: A. During the first eighty (80) working days of such disability, the supervisor 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 the Supervisor is unable to work or City cannot provide limited duty work — City will pay full 1/3 of supplemental pay. b. WC Physician states Supervisor can perform Limited duty but Supervisor's second opinion states Supervisor cannot work, Supervisor pays 1/3 of Supplement. c. City provides limited duty work but Supervisor declines, City does not pay the 1/3 supplemental pay. Supervisor will pay the 1/3 supplemental pay. In the event the supervisor is absent for the fast seven (7) days of a work injury, the supervisor will reimburse the City for the first seven days after they receive the WC payment. B. The supervisor 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 supervisor for a period not to exceed one year. C. If the supervisor can no longer work and continues to be on Worker's Compensation after the 90' day, the supervisor will apply for Long Term Disability; however, the supervisor will not be medically terminated until the physician states there is a permanent impairment remaining after the supervisor (claimant) has reached Maximum Medical Improvement rating or one year as stated in section 18.713. (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 supervisor to meet the essential job functions, despite continued medical treatment or physical rehabilitation.) D. If any supervisor, 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 35 designated by the City, the supervisor 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 supervisor's qualifications for the position. However, a supervisor 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 supervisor 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 supervisor's condition and fitness for full or partial return to duty. F. No supervisor 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 supervisor's failure to cooperate with medical advice or corrective therapy. G. While receiving employment connected disability benefits, a supervisor shall be entitled to all benefits, which he/she would normally, receive pursuant to his/her employment with the City except additional accruals of sick and vacation leave. H. Any covered supervisor receiving proceeds from a disability insurance policy and Worker's Compensation indemnity payments shall not be allowed to use paid leave, such that they receive a total amount of more than his/her normal take home pay. 18.8: Work Boots/Shoes: (a) The City will provide those supervisors required to wear safety boots/shoes as a part of their job function Two hundred dollars ($200) per fiscal year, payable to the supervisor the fast full pay period in October of each year. Any supervisor receiving this benefit will be required to wear the safety boots/shoes at all times while performing their City job functions. If an supervisor begins employment after the first full pay in October, the boot allowance will be prorated by $16.67 per month. Safety boots/shoes must meet the requirements as established by the department. (b) The City will also pay for the replacement of safety boots/shoes due to on the job damage caused as a result of an accident.(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 supervisor's immediate rupefN,iseF department head before being submitted. If the damage was a result of the supervisor's negligence, the supervisor 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 supervisor provides medical documentation signed by an attending physician stating that they cannot wear the safety boots/shoes due to a medical condition they will not be required to wear the safety boots/shoes. The supervisor 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. 36 18.9: If the supervisor 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 supervisor'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 a supervisor is discharged, suspended without pay, or demoted for disciplinary reasons, the City agrees that he shall be provided with written notification of the action. This notification shall be hand delivered to the supervisor or sent by certified mail, return receipt requested, to the address in the City Administrative Services Department records. 19.2 Except in extraordinary circumstances, before the supervisor is discharged or suspended without pay for disciplinary reasons, the notification described in Section 19.1 will be provided to the supervisor in advance of the action so as to give the affected supervisor an opportunity to present his position. 19.3 No supervisor shall be disciplined except for just cause. 19.4 No discipline, except termination, shall become effective until such time that the supervisor has exhausted the appeal process or until such time for an appeal has expired, as described in Article 12.4. ARTICLE 20 SALARY 20.1 For the first year of this Agreement (October 1, 2025 through September 30, 2026) bargaining unit members shall receive a wage increase of no less than ° three (3) percent of the supervisor's hourly wage. 20.2 For the second year of this Agreement (October 1, 2026 through September 30, 2027) bargaining unit members shall receive a wage increase of no less than ° three (3) percent of the supervisor's hourly wage 20.3 For the third year of this Agreement (October 1, 2027 through September 30, 2028) bargaining unit members shall receive a wage increase of no less than three (3) percent of the supervisor's hourly wage. ARTICLE 21 SUBSTANCE ABUSE TESTING 21.1 The City and IUPA agree to abide by a Drug Free Workplace as provided for in conjunction with the Federal Drug -Free Workplace Act of 1998, Regulation 28CRFR, Part 83: the State Drug Free Workplace Act, Florida Statue 112.455 and 440.102: and the U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, Regulation 49 CFR Part 382. kin 21.2 A supervisor subject to drug testing for reasonable suspicion shall be placed on administrative leave with pay pending the laboratory results of the test. 21.3 Supervisors agree to follow the City of Sebastian's Drug and Alcohol Testing policy. ARTICLE 22 UNIFORMS 22.1: The City shall provide and maintain uniforms to all supervisors who are required to wear them. 22.2: All issued uniforms and equipment must be returned to the City. Failure to return issued uniforms and equipment will result in the supervisor paying for the actual cost incurred by the city for the purchase of said uniforms. 22.3: Any supervisor assigned a uniform will be required to wear the uniform at all times while performing his or her job functions. The City uniform shall not be worn at any other time or for any other reason. 22.4 c.._,....,ise_s in t1 pesifien of n_a_ Pnfereemefit ^f _. m) � P tZzaee �r..ehaieiaH(s) will be reimbufsed Y te 00 Yer month fer regular 22.5 The Employer may also provide standardized polo shirts or other selected articles of clothing to certain supervisors, as a means to easily recognize they work for the City or for other purposes the Employer deems beneficial. As such articles are the responsibility of the supervisor to maintain and are not required to be returned to the City. Since they can also be worn off the j ob, they are a taxable benefit in accordance with IRS Rules. ARTICLE 23 EDUCATION REIMBURSEMENT Reimbursement of education expenses by the City of Sebastian for approved educational or training programs will be in conformance with the following: 23.1: Eligibility for Participation in Tuition Payment Plan — All regular full-time supervisors 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 supervisors 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 of regular full-time supervisors 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 supervisor's current position or to a related higher position, and which will improve performance in a current position or which 38 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 —A supervisor 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 supervisor achieves a grade of "C" or better in a course which is graded -- or if the supervisor receives a "pass" in a course which is graded on a pass/fail basis — he/she will submit an official copy of his/her grades along with proof of his/her payment for tuition, required books, or lab fees to the Human Resources Director. Reimbursement for tuition shall be made in accordance with City policy for reimbursements. The supervisor'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 supervisor'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 supervisors pending budget authorization and availability of funds. The maximum tuition rate to be reimbursed for participating in the City's Tuition Payment Plan for college -level courses is that established annually by the State Legislature for state supported schools. Should ea a supervisor select to attend a non -State school, he/she is responsible for the difference in tuition. Any supervisor receiving a scholarship or grant for education will not be eligible for education reimbursement. 23.7: Service Requirement — Supervisors who are reimbursed for such courses, agree to remain employed by the City of Sebastian for at least two (2) years after completion of the course(s). Should a supervisor leave the City service within two years after completion of the course(s), he/she must return any payments to the City or it will be deducted from his/her final paycheck. 23.8: City Mandated Education Courses — If the City requires a supervisor to attend an educational course, seminar or conference, the City shall pay tuition, transportation, and meals and lodging in accordance with the City's Travel Policy. ARTICLE 24 CLASSIFICATION AND COMPENSATION PLAN LONGEVITY AWARD k% 24.1 A Classification and Compensation Plan shall be used to administer the established pay rates of supervisors, 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. Supervisors 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 supervisor. 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 the allocations to the Classification and Compensation Plan will be made. Human Resources Director will notify rUPA of any change to a job description(s). 24.2 If a supervisor changes job classifications, his or her job classification anniversary date will change, effective the date of the promotion or demotion. 24.3: Loneevity Pav: Longevity pay will be awarded according to the following: A. Full Time Supervisors hired prior to October 1, 2022-will be awarded Longevity pay according to the following schedule: 1. Supervisors, after having completed five (5) years of continuous service with the City, will receive an increase in their base payoff five (57%) three (3%) The five -three percent (5%)-(3%)-increase will be added to their base pay the first full payroll period following their five-year anniversary date. 2. Supervisors, after having completed ten (10) years of continuous service with the City, will receive an increase in their base pay of seven and one-half (7.5%) five (5%) percent. The seven and ene half five (5) percent increase will be added to their base pay effective the date of their ten-year anniversary date. 3. Supervisors, after having completed fifteen (15) years of continuous service with the City, will receive an increase in their base pay of see and one ha.' (7.51%) five (5%)-percent. The seven and one half five (5) percent increase will be added to their base pay effective the date of their fifteen -year anniversary date. 4. Supervisors, after having completed twenty (20) years of continuous service with the City, will receive an increase in their base pay of !an (10%) five (5%) percent. The tea -five percent increase will be added to their base pay effective the date of their twenty-year anniversary date. 5. Supervisors, after having completed twenty-five (25) years of continuous service with the City, will receive an increase in their base pay of ten (101%) seven and one-half (7.5%) percent. The tee (10) seven and one-half (7.5) percent increase will be added to their base pay effective the date of their twenty -five-year anniversary date. B. Full time supervisors hired on or after October 1, 2022(5) will be awarded Longevity pay according to the following schedule: i. Supervisors, after having completed five (5) years of continuous service with the City, will receive an increase in their base pay of three percent (3%). The 40 three percent (3%) increase will be added to their base pay the first full payroll period following their five year anniversary date. ii. Supervisors, after having completed ten (10) years of continuous services with the City, will receive an increase in their base pay of five percent (5%). The five percent (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 supervisor's original full-time date of hire regardless of the broad banding wage percentage the bargaining unit member is in at the time he or she attains the required number of years. D. will net be eligible for l,..,gevity increase.. Longevity is a benefit and takes effect when an employee becomes tbll time. Part-time or temporary status does not count towards Longevity. E. Supervisors in a probationary or suspension status for more than 6 months due to a demotion or transfer for disciplinary reasons shall not begin receiving longevity pay increases until they are no longer on probation or suspension. Any pay increase will not be retroactive. ARTICLE 25 SECONDARY EMPLOYMENT 25.1 Outside Employment shall be controlled by the City's Standard Operating Procedures — Secondary Employment. All Police Department Supervisors 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 15"i. ARTICIeE 26 SEVERABILITY 26.1 If any Article of this Agreement (or any Section thereof) should be found invalid, unlawful, or not enforceable by judicial authority or by reason of any existing or subsequently enacted legislation, all other Articles and Sections of this Agreement shall remain in full force and effect for the duration of this Agreement. 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 supervisors the services of a psychologist or qualified counselor approved by the City for the purpose of helping the supervisor deal with an "aftermath" of an 41 L incident that may be emotionally disturbing. This service will be paid for by the City. 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, 20258. In witness whereof, the parties hereto have entered into this Agreement on this _day of , 20258. INTERNATIONAL UNION OF POLICE ASSOCIATIONS. AFL-CIO, LOCAL 605 Niehdvr 7. ` gghl, Cgq. Chief Negotiate David Greene IUPA Representative ATTEST: Jeanette Williams City Clerk 42 CITY OF SEBASTIAN. FLORIDA Brian Benton, City Manager Kena7L• R'. Killgc. 3i4ie Steivat# CFO!Aivuai.Nsdir. & EaB,iees Difeetai Cynthia Watson, MPAIR, PHR Human Resources Director APPROVED AS TO FORM: James Stekes Jennifer Cockcroft 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: 43 Signature of Grievant Signature of Union Representative for Grievant Date Submitted