HomeMy WebLinkAbout09-25-2025 MinutesCITY OF
F S ASTIAN
HOME OF PELICAN ISLAND
INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, LOCAL 6056
10:30 A.M. THURSDAY, September 25, 2025
CITY HALL
1225 MAIN STREET, SEBASTIAN, FL
MINUTES
1. INTRODUCTION
Brian Benton, City Manager
Brian Stewart, Chief Financial Officer
Cynthia Watson, Human Resources Director
Jennifer Cockcroft, City Attorney (on phone)
Glorida Brown, IUPA 6056 Member (on phone)
David Greene, Union President and Crime Scene/Evidence Supervisor
Debora McGruder, Vice President and Accreditation/Records Supervisor
The meeting was called to order at 10:30 a.m. by the City Manager. He began by noting that information regarding
emergency closure and disaster wages had been provided at the last meeting. He explained that this session had
been requested by the union and turned the floor over to their representatives.
ARTICLE AMENDMENTS
A. Article 7 —Hours of Work and Overtime
The Union President opened the discussion by referencing Section 7, which contained language regarding
emergencies. He noted that under city policy, hours worked during emergencies are paid at two times the regular
rate of pay. He asked whether this understanding was consistent with Section 7.4. The City Manager confirmed
that was correct, explaining that the city's policy governs this matter and that contract language referencing it
should be eliminated. The Union President agreed that this section could be closed out on that basis.
Gloria Brown then raised an issue on behalf of dispatchers concerning bereavement leave. She explained that
while officers and other city employees receive five days, dispatchers' leave is capped at 40 hours. Since
dispatchers work twelve-hour shifts, three consecutive workdays do not equal five days, and she requested that
the limitation be removed so that dispatchers receive five days consistent with other employees. The City Manager
responded that the bereavement leave article was already closed in bargaining and would not be reopened. Ms.
Brown expressed concern, and the Vice President clarified for her that the City Manager had stated the article was
closed.
The City Manager thanked everyone for their time and participation. The meeting was adjourned at 10:56.
CITY OF
S As- T
HOME OF PELICAN ISLAND
Document ID Title: Emergency Closures and Print Date
Disaster Wages March 27, 2025
Revision Prepared By Date Prepared
September 6,2017 Cynthia Watson, March 27, 2025
June 26, 2018 (Revised) Human Resources Director
August 21, 2019 (Revised)
June 14, 2024 (Revised)
March 27, 2025
Effective Date Reviewed By Date Reviewed
March 27, 2025 Karen Miller March 27, 2025
patur Approved By Date Ap roved
Brian Benton, City Manager 2��ao�5
Disasters, whether natural or manmade, can have a severe impact on City operations. Therefore, we must
be prepared to keep our employees safe and minimize disruptions to operations.
The policy applies to all City of Sebastian employees during the event of a disaster.
Purpose:
The purpose of this policy is to establish procedures and compensation guidelines for the emergency closure
of the City of Sebastian to ensure the safety and well-being of employees.
POiicv:
Authority to Declare Emergency Closure
1. The decision to close the organization will be made by the City Manager as stated in Ordinance 0-
15-07 based on the nature and severity of the emergency.
2. Local authorities' recommendations (e.g., State Governor, County Authorities, City Council, police,
fire department, public health officials) will be taken into consideration.
Criteria for Emergency Closure
The following is a list of Emergency Closure criteria:
1. Natural disasters (e.g., hurricanes, floods, earthquakes)
2. Severe weather conditions (e.g., extreme temperatures)
3....- Security -threats (e.g.,-bomb-threats, -activesshootersituations) .. _ __-
4. Health emergencies (e.g., pandemics, outbreaks)
5. Utility failures (e.g., power outages, water supply issues)
6. Any other situation deemed hazardous to safety and operations.
CITY OF
FJ3ASTJA
HOME OF PELICAN ISLAND
The Citv Manaqer will identify the beqinninq and the endinq dates that exempt emplovees will be eligible
for additional compensation. Exempt emplovees will be required to document their time and work
performed on the required forms.
Non -Exempt
Non-exempt employees, including part-time employees will receive their hourly pay for their normally
scheduled hours for up to one work week unless they are required to report to work while the city is closed.
Any additional paid weeks are at the approval of the City Manager. This means that if an employee's normal
work hours are 40 in one work week, the employee will receive their hourly pay for 40 hours. No overtime
will be paid to any employee. An employee who is on a regularly scheduled day off and is not required to
return to work, shall not receive paid time off for these day(s).
During a declared emergency, if non-exempt employees are relieved of duty and provided paid emergency
leave (ex. Hurricane Leave), any non-exempt employee who is required to complete their shift will be paid
for the remainder of their normally scheduled shift at two times their regular rate of pay. If an employee
works part of their normal shift, the non -working hours that fall within their normal work schedule will be
paid as emergency leave and the working hours will be paid at two times their regular rate of pay. Time
that extends beyond the normal shift will be paid at time and one-half. Other absences from work while on
paid leave to include sick leave will be counted as time worked for overtime computation. This will only
apply to the work week in which paid emergency leave is granted. Subsequent work weeks, will return to
the overtime compensation criteria stated in the contract or in city policies.
Essential employees, who are required to work, shall not exceed 12 hours each day. Employees who are
required to work and fail to report for work shall be subject to disciplinary action, up to and including
dismissal.
Employees that are in lockdown shall receive their regular pay rate for any other time they cannot leave the
facility due to inclement weather.
Leaving the Area
Employees that choose to evacuate the area shall inform their supervisor of their intentions to do so in
advance. Employees that choose to evacuate the area and therefore cannot respond to the City shall be
required to use Personal or Vacation Leave and will not receive the emergency leave pay. Employees that
are required to respond in the event of an emergency that chose to evacuate the area and cannot respond
may receive disciplinary actions up to and including termination.
Extended Emergency
For -an unlikely --emertgencythat-extends beyond-ane -wod- -week,--at..the-end -of -the_.one-work -week,
employees will be expected to use paid time off (Vacation/Personal/Comp Time Leave) to cover additional
days that the city may be closed to ensure that they continue to receive their pay unless the City Manager
approves additional paid work days. No overtime will be paid during this time period.
CITY OF
fj3ASTIAN
HOME OF PELICAN ISLAND
The City recognizes that some employees may need additional time off to repair extensive home damage,
for mass transit to be available for transportation to work, and a variety of other emergency situations.
These will be assessed on a case -by -case basis and decisions will also be affected by the employee's job
requirements.
Part -Day Closure
If an emergency event such as inclement weather or a power outage occurs, the City Manager may
determine that the City will close mid -day. When the City closes mid -day, employees are encouraged to
leave immediately so that the conditions do not further deteriorate and affect their ability to safely travel.
Exempt employees who were, working at home with prior permission, or at the office on the day of the
partial day closure, will be paid their normal salary. Non-exempt employees will be paid for their scheduled
hours of work. No overtime will be paid.
Employees who had taken the day off will have the day subtracted from their allotted leave bank as would
have occurred if the City did not close.
The City is Open and the Employee Cannot Get to Work
Individual employee circumstances may affect an employee's ability to come to work. The key to assessing
the situation on a case -by -case basis is the communication between the employee and his or her manager.
The City recognizes that in a severe national, regional, or local disaster, some methods of communication
may be unavailable, but employees should persist, by any method possible, to reach their manager to
discuss individual circumstances.
All pay, leave, and attendance policies included here will apply, regardless of the circumstances of the
absenteeism.
The Employee Needs Time for Repairs
The City is aware that in emergency situations or inclement weather emergencies, employees may lose
family members. They may lose their home and all regular activities such as school and daycare. In any
circumstances, all pay, leave, and attendance policies included here will apply, regardless of the
circumstances of the absenteeism.
The City bereavement policy will apply in the case of the death of a family member. Extended unpaid leaves
-of-absence are -available, depending on the need.- -Employees should -communicate-with their -manager or
his or her supervisor to make arrangements.
9/25/25
arvoF
SEBAST"
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
AGREEMENT (TA)
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 (TA)
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 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 3
BARGAINING UNIT REPRESENTATION/BULLETIN BOARDS (TA)
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 Representatives for the Supervisory Employees of IUPA
who are on duty at the time of negotiations take place with the City and the IUPA, 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 DEDUCTION (TAJ
4.1: Union dues are paid directly to JUPA.
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.
ARTICLE 5
RIGHTS OF SUPERVISORS (TA)
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 IUPA 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.
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 basic work week for regular part time supervisors shall consist of those hours they are required
to work by their Department Head or his designee.
(c) Meal periods shall not be considered time worked.
(d) Supervisors will be entitled to a one (1) hour unpaid 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, the
supervisor must have worked four and a half (4.5) hours of their shift.
Hours of Operation
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 immediate
supervisor the hours of work may be changed as long as the hours work total 8 hours.
(e) Supervisors will receive two fifteen (15) minute work breaks one in the morning and one in the
afternoon. These breaks cannot be in used in conjunction with the meal break, and must be used
or lost. This time 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 thirty (30) minute paid 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) thirty (30) minute paid 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.
(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.
(h) If 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 a supervisor is called back to work after his or her normal workday, he or she shall
receive a minimum of two (2) hours pay at the overtime or compensatory time accrual rate. The
maximum travel time paid is 30 minutes.
When a supervisor is assigned to attend a meeting or perform work immediately following or preceding
his/her normal work day, the supervisor shall be entitled to a minimum of 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 (1 'h) the supervisor's regular hourly rate of pay
(c) Designated On -Call (Excludes Communications 911 Department) — When the Department Head or
their designee designates a supervisor to be on call, the supervisor must respond within 1 hour or advise
the Department Head or designee of the delay. The 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 for being on -call. The maximum travel time paid is 30 minutes.
Vzat Dolia 4Xfreera' Redy
53 (b)(2)aAii. of the City of Ordkymaes.
ARTICLE 8 (TA)
SENIORITY/LAYOFF/RECALL
8.1: Definitions:
(a) City seniority is the total cumulative length of uninterrupted regular full-time employment of 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.
(b) Classification seniority is the length of regular full-time service by a supervisor in the same job
classification.
(c) City seniority shall apply for the purposes of layoff, vacation computation, or other matters based
upon length of service. Part-time service does not count towards longevity.
9
(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
supervisor with the least classification seniority will be laid off first. If both supervisors have
equal seniority, the 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) A supervisor bumping to a different job classification shall be placed in a probationary
period of 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, with (3) three consecutive monthly evaluations, from their
immediate supervisor's documentation.
(5) A 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. 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 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 1 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
supervisor's last known address, to confirm the phone conversation and/or document that the recall
notice has been provided. Laid -off supervisors who desire to be recalled shall keep the Employer
continuously informed of their current mailing address, or lose their recall rights.
(b) Within three (3) business days after receipt of a notice of recall, recalled 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 days of the receipt of a recall notice, or they will lose their recall rights.
11
(f) For non -immediate family, supervisors have the option to use accrued vacation leave,
compensatory time or personal leave, for the attendance of funerals. Supervisors will supply their
department head with written notification for this request in as timely a manner as possible. The
supervisor will make every effort to comply with the provisions of this section. In the event that
the 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 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 (1 %z) 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.
D. All 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.
(b) 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.
(c) 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 %) 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
d) Supervisors who seek to receive leave with pay under this section shall present official notice of
their subpoena to their department head at least twenty-four (24) hours in advance of the scheduled
time, unless the supervisor actually 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 department head showing all days or hours of court leave upon return to work.
(e) Consistent with existing City policy, the 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 supervisor shall be granted time off, not to exceed eighty (80) hours, at the
supervisor's regular pay for reporting to required jury duty upon presentation to the supervisor's
department head of satisfactory evidence that such jury duty is required and provided the time
required for jury duty is the supervisor's normal workday or work shift. In order to be eligible, the
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.
13
(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) A 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) A 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 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 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 CWA/ITU pension plan while
the 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) A 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.
15
(1) supervisor ill health or;
(2) maternity
(3) medical, dental, or optical treatment required during working hours;
(4) quarantine due to exposure to infectious disease;
(5) supervisor ill health while on annual leave;
(6) in connection with Workers' Compensation;
(7) for death in supervisor's immediate family; including extending bereavement leave; and
(8) illness of an immediate family member requiring the supervisor to remain at home.
(9) 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 doctor's note verifying that the member was
medically unable to report to work on those days. Failure to provide such notice will result in no
pay for the holiday and the day(s) in question. Abuse of sick leave shall constitute grounds for
disciplinary action, up to and including termination.
(c) Sick leave may be used for absences due to illness or injury sustained while engaged in outside
employment, provided the 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.
(f) 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%
(g) 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.
(h) Sick leave will not be approved or paid during a supervisor's last two (2) weeks of employment,
except in the case of an emergency. A 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.
17
(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 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 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 Emplovment:
(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 lured 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 a supervisor's last two (2) weeks of employment
except in the case of an emergency. A supervisor requesting paid vacation leave will be required to
furnish proof of the 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.
19
Step 3. Within ten (10) 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) business days
of the hearing or ten (10) 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) 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.
(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.
21
ARTICLE 14
PROMOTIONS, TRANSFERS AND ADJUSTMENTS (TA)
14.1: Any 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. A
supervisor whose performance ratings were less than satisfactory is ineligible for promotion.
14.2: a) When 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
recommended by the Department Head.
b) When 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 a supervisor's demotion or promotion to a new job classification shall be the
supervisor'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. 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, a transferred
or promoted supervisor shall be returned to their former position at their former rate of pay. If no
vacancy exists, the supervisor shall be laid off in accordance with the provisions of Article 8.
14.4: 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. 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.
23
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 supervisor will receive $200 per month ($100 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 Savings
Account (HSA)is not part of the retirement insurance.
ARTICLE 16
RETIREMENT CONTRIBUTION ( UPDATE with New PLAN)
kp' 1 29 2 he ag eec to eeiAf bt#e +e the GW .444 T Negati .+ea uens e
Plan (hP,Feinafter- $emetimcs-i�c zd tT Gs &,j Am) rt:na (95%) of a seer-'s eamings for- e•, •1,
hver-ed by this Agr-eemei4, or ymrpomas of prw4diag pens orL cK ream&, da:th
bye&day and ct' c:- MA Clier-s: Ari17&tc g
16 2- C ,�Ktt�Atiarl r�1 1-7 p-,�a +e the C;3AI A T-U Negotiated Pecs or. Nan, alo F2.r�l Nf. Vuseare-&
i-1ss3, !no., 27 I10a� d We Suite 200, Tire,,..+ T ., Fels Nj 04/1[�l 1!J'�?\Q' = 10�.+1.,e,a>;al t w 1!5,l'-8�3e
f lle .,+1 +e e+r.e it e e«+c on � .D�v or thr,
pr:n`o ut, if in w maeptable foFmat. Dtuiag the effeetive period of this�� 4+� this benefit will
brr rsei+ply ever- e +,,,el„e (12) mefAh period, ,,.l,:el, ,,,i_1' :��ntinuafor- t ie,44:,FVim Plan.
44.1 Title te all ffienies paid ipAe the Plan shall- be :held- -exel-usively by the T-Fastees in tfflust -*-w- use in
c !'lcrl &nd paying i4s expenses.
e,T
A. Qf4y «e velar fit ben are eligible f « : el„ai in the GW A /TTT T Negetia4e,l
lion Ply.
19. New-r-egala- full +:„, e sWeiNiser-se eligi ! nor ererf in+e this Plan . of the fi fst day of
the next fall p peged following sixty (60) days 4ef their- .late of hire.
25
a) to clarify both management's goals for the position and the supervisor's goals;
b) to monitor the 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 supervisor's
job duties and establish a framework for open, constructive feedback;
d) to encourage and develop time line plans for supervisor development, growth and
improvement.
17.5: 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 supervisor's specific job
duties, job description, and performance shall be reviewed by both the supervisor and the
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
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.
27
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:
i. 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.
ii. WC Physician states Supervisor can perform Limited duty but Supervisor's second
opinion states Supervisor cannot work, Supervisor pays 1/3 of Supplement.
iii. 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.
iv. In the event the supervisor is absent for the first 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
90t' 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 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.
29
ARTICLE 19
DISCIPLINARY ACTION (TA)
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 (TA)
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 six percent (6%) 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 four percent (4%) 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 four percent (4%) of the supervisor's
hourly wage.
ARTICLE 21
SUBSTANCE ABUSE TESTING (TA)
21.1 The City and 1UPA 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.
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.
31
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 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.
33
one-half percent (7.5%). The seven and one-half percent (7.5%)
increase will be added to their base pay effective the first full payroll period
following their twenty-fifth anniversary date.
B. Full time supervisors hired on or after October 1, 2022(5) 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 pay of three percent (3%). The
three percent (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 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. Longevity is a benefit and takes effect when an employee becomes full 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 (TA)
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'.
35
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, 2028.
In witness whereof, the parties hereto have entered into this Agreement on this day of
, 2025.
INTERNATIONAL UNION OF
POLICE ASSOCIATIONS, AFL-CIO, LOCAL 605
(Blank)
David Greene
IUPA Representative
Debora McGruder
IUPA Representative
ATTEST:
Jeanette Williams
City Clerk
37
CITY OF SEBASTIAN. FLORIDA
Brian Benton,
City Manager
Brian Stewart
CFO/Administrative Services Director
Cynthia Watson, MPAIR, PHR
Human Resources Director
APPROVED AS TO FORM:
Jennifer Cockcroft
City Attorney