HomeMy WebLinkAbout09-18-2025 MinutesCITY OF
BASTI
...
__s
HOME OF PELICAN ISLAND
INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, LOCAL 6056
10:00 A.M. THURSDAY, September 18, 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
Nick Voglio, IUPA Attorney (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 10:00 a.m. by the City Manager. All attendees introduced themselves. The City
Manager noted that, by his record, Articles 7, 8, 14, 16, 20, and 24 showed as remaining open. The group agreed
to begin with Article 7.
2. ARTICLE AMENDMENTS
A. Article 7 — Hours of Work and Overtime
Discussion of Article 7 began with the City Manager reading the proposed language and noting
formatting/lettering changes. He states in 7.1 B the request to remain, describing the basic work week for regular
part-time supervisors as those hours required by their department head or designee. The Union President
responded that he thought that language had been removed because it was repetitive of other language, and the
conversation briefly searched the draft to confirm whether similar language existed elsewhere. The City Manager
indicated he did not see identical language elsewhere and proceeded to the next item.
The City Manager stated that the language currently shown as 7.1 C, meal periods shall not be considered time
worked, is the city's position, and that the document should be relabeled so the section shown as B becomes C.
The Union President read aloud the sentence he had added and explained his intent that in a scenario which the
supervisor works through their lunch break. He further described practical reasons for the change, recounting
incidents where travel, interactions with State's Attorneys, or heavy workload made it impractical to take a full
hour for lunch, and supervisors were told to continue and just leave at your regular time as an eight hours rather
than put in for overtime for that hour.
exact policy wording. The City Manager stated for the record that once the city declares an emergency, once that
moment happens until it is no longer an emergency, it's paid at double time and a half. He said he would verify
the exact policy language and provide it to the Union so the matter could be removed from the contract if it is
already covered by policy. The Union President expressed concern that during the prior hurricane, some
employees who were officially non -essential were told to remain, and the pay calculation was not straightforward;
he requested explicit contract language unless the policy clearly covered the situation.
The City Manager read 7.4 C in full. The Union President stated there were no problems with that change and
appreciated replacing the old dollar -per -hour on -call payment with a time -and -a -half minimum. The City Manager
read that he had stricken 7.4 D and noted the city's stance in disagreement with the Union on that particular
subsection. The Union President cited the statute he had provided and asked the City to review the statute passed
on July 1, 2025. The City Manager agreed to review the statute. The City Manager summarized that 7.4 B would be
reviewed against existing city policy, and 7.4 D remained in dispute; the Article, therefore, would remain open.
The City Manager closed the Article 7 discussion by reiterating the city's edits and the two outstanding matters
(7.4 B policy verification and 7.4 D statutory dispute). The Union did not accept the City's proposed paid lunch
language, and Article 7 was left open.
B. Article 8 — Seniority/Layoff/Recall
The City Manager clarified minor wording ("a supervisor" rather than "an supervisor") and noted that 8.4 (e)3
regarding bumping and probation would include a probationary period of three months. He agreed to the Union's
request to require three consecutive monthly evaluations from the immediate supervisor as documentation if the
bumped supervisor cannot satisfactorily perform duties, and accepted documented evaluations as requested by
the Union.
The City Manager further clarified sections 8.5 C(2)/C(3): when a supervisor returns to a position of a lower pay
grade after layoff, pay will be reduced by three percent per grade. He further explained that the reduction is
applied per grade and not a flat three percent, and in no case will the salary be higher than the maximum of the
new job. The Manager informed that reductions will be capped, so no reduction results in more than a nine
percent total decrease. The Union President asked where pay grades are defined and what the numerical grades
are. The Human Resources Director said pay grades are laid out in the City's classification schedule and that the
she would provide a copy of the pay grade document to the Union. The Vice President replied that she had an
older copy from a prior contract. The Human Resource Director acknowledged there had been recent revisions to
grades and confirmed she would provide the updated schedule.
During the Article 8 conversation, the City Manager reiterated that bumping language and recall eligibility (one
year) remain in force and that the three percent per grade reduction clarifies prior language. The Union agreed to
Article 8 as presented with those clarifications.
C. Article 10 — Sick Leave
The City Manager noted that 10.2(a) would retain a request that a supervisor state the expected duration of
absence. He agreed to remove the requirement to state a reason but requested the expected duration. The City
Manager confirmed they would not accept the Union's request for an annual payout of sick hours and had
eliminated the request from the document. Article 10 was tentatively agreed.
D. Article 14 —Promotions, Transfers, and Adjustments
The City Manager introduced section 14.5 to provide a one-time incentive of $50 per accredited certification, up
to $150 per year, and struck the other incentive options that had been proposed. The Union President confirmed
the understanding that the incentive is $50 per certificate up to $150 annually. The parties tentatively agreed to
the section 14.5 language.
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I. TENATIVE AGREEMENTS (TA)
• Article 8
• Article 10
• Article 14
• Article 15
• Article 20
• Article 24
J. ARTICLES REMAINING OPEN
• Article 7
• Article 16
At the close of the meeting, the City Manager summarized tentative agreements and outstanding items. He said
Article 7 remained open because of the unresolved items regarding 7.4 6 (verification of hurricane/emergency
pay policy language) and 7.4 D (statutory interpretation/dispute). The City Manager informed that Article 16 also
remained open while the Union consulted its membership regarding retirement plan election (retain CWA or
elect one of the City's new retirement options). The City Manager requested that the Union provide direction on
Article 16 as soon as possible so draft language could be prepared.
The City Manager thanked everyone for their time and participation. The meeting was adjourned at 11:10 a.m.
5
9/18/25
CM OF
SEBAS-l'
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 (TAJ
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 1
UNION RECOGNITION (TAI
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 supervisors 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.
ARTICLE 2
MANAGEMENT RIGHTS (TA)
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 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 LUPA 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 RTA representative.
3.2: The City agrees to allow the elected officer(s) as Representatives for the Supervisory Employees of
lUPA 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 6
NO STRIKE (TA)
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. IUPA 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, LUPA 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) Ths-' x�j work week fer-rgulor port time s shall ocros�,n✓"f these hours they
designee.
(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 911 Dispateher whe-is per€ermingtr-ainiag� .:moo eKS444,0 _ Q nn „ - l-a,,,. f
all heti ... the are aewallypr-w.41ing in house ins +.., eti ,7 + 1
() ratelief is designated Z ll ill paid 81+e hour- at 6
Friday,
and be paid two hetws a4 time and one half fe
eaeh 7 and 00 7
n e they at ethei-7wise paid Ball t Owk „
cu
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 'h) times the hourly wage of the supervisor, or by compensatory time off at the rate of
one and one-half (1-112) 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 an "10yee a supervisor on
personal leave, vacation leave, sick leave, funeral leave, jury leave, military leave or any
other appn -.-,a �~ n - T r;,r ��� '�� �� �' ,a '-� However, time spent on
unapproved leavc, administrative leave. unpaid administrative Icave 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 an empleyee a supervisor has accrued earned overtime, he or she may elect, with the
(h) If as efflpleyee 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
one h,,ndfea t-we„4y (1'l/1)h,.tw forty (40) hours.
T4: Call-Out/Deshniated On -Call
(a) Call -out -When air -employee a supervisor is called back to work after his or her normal
workday, he or she shall receive a minimum of twee-(3) t k� o (2) hours pay at the overtime or
compensatory time accrual rate. The maximum travel time paid is 4f mires n; 30 minutes.
When an-empleyFee a supervisor is assigned to attend a meeting or perform work immediately
following or preceding his/her normal work day, the owpleyee supervisor shall be entitled to a
minimum of 4iiAy (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 (1 %z)
the supervisor's regular hourly rate of pay
(c) Designated On -Call (Tn��des a E,3aae Unit) (Excludes Communications 911 Department)
— When the Department Head or their designee designates an empleyee a supervisor to be on
call, the employee supervisor must respond within 1 hour or advise the mgsr.,, c
Head of 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- e►for being on -call. The maximum travel time paid is 4-5 30
minutes.
Retirement System Or- a ^zime w-ce lrxt&nasal's jet' des tier fall ,avrt
'��Y falls
ARTICLE 8
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, seFviee .,-. a
11
(e) Permanent, regular full-time supervisors who receive a notice of lay-off shall have the
right, in accordance with their seniority, to transfer or downgrade (commonly known as
"bumping") or to take the lay-off. Bumping shall only be permitted in the event of
lay-off, in accordance with the following procedure:
(1)Management shall identify the position(s) that may be bumped within five (5)
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 supervisor's current position. The 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 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.
13
(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 -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 supervisor reimbursing the City for any paid leave taken under
this Article. Any 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 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, 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 '/2) times the supervisor's base rate of pay for each
15
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: Militan, 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
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 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 IUPA business.
(b) A 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) 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
17
transferable.
9.9: Personal Leave
Eligibility — Each regular full-time supervisor shall receive twenty (24) hours of personal leave per
fiscal year.
(a) 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.
(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.
ARTICLE 10
SICK LEAVE
10.1: Elicibility/Accrual of Sick Leave:
(a) Only regular full-time 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. 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:
1. Sick leave does not accrue while a supervisor is on any unpaid leave.
10.2: Request 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 their
Department Head. Upon approval of the Department Head, texts and emails will be accepted. The
supervisor shall state their expected duration. The supervisor shall repeat this procedure each day
he/she is unable to report for work, unless excused by the Department Head.
(b) If a supervisor is absent from work in excess of three (3) (-54 consecutive work days €eF4Xspat-P_4
#nd €ice (f) soy_ --2cu ir.,a fo. a' ether- Depa tmeFA pefsepa , due to an illness, the memben 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 a supervisor is to be absent more than 3
days for , Human Resources must be
contacted to obtain Family Medical Leave Forms.
19
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.
(i) —OnEe-a supervisor-a{-E tes 320 hex si�iea-ve, they may at t u tiwx -.onveft €i tpefeent �
0
as ,f the last fullpayp 31 Gt"llack fiml 'f,'Ro eleet not to e ert thei
siek leave will A4ain theif: sick leave benefit as eur+ently pr-&Aded in the eefftfaet. If the
-miation aeenaal :#f the last fitl 1pay-period .f e 1 f of
Supenziser-s :11 have the ,-.ptio,, f ,,ashi g in up to sightt, (80) sL to ,` IN- Ara &F
(a) Thc-c'apervis ha✓a miniivram ho1c ee of 320 or ^ °0 aft -sr cash -in:
(b) Request st for- the eash in must be submi4ed t ,
the last full pay+914pe e d efthe fise,,1 , e « Pa-y ent ,,.ik bv malt Vida f«sf pay pe
/ul nrPirroc P1FRU rnniT AGT Tirl_-Y `TI! � CAN CASH nl rr Tinny
ARTICLE 11
VACATION LEAVE (TA)
11.1: Eliaibility:
Only regular full-time 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
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. To clarify the rate at which an
supervisor accrues vacation leave the following tables will be used.
Eliaibility:
A. Regular full-time supervisors working forty (40) hours or more per pay period are eligible.
Vacation leave does not accrue while an supervisor is on any unpaid leave
Table # 1:
21
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 %z. If the supervisor works beyond their normally scheduled hours, then
overtime provisions will apply for those hours.
11.5: Scparation from Emplovn;cnt:
(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 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.
ARTICLE 12
GRIEVANCE PROCEDURE (TA)
23
grievant(s) may appeal to Step 3.
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 lUPA 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
25
than the last workday before the holiday. If the option is not presented to the snpeiwiser department
head on or before the last workday before the holiday, overtime pay compensation will be used.
13.6 Regular full-time supervisors not scheduled to work the holiday will receive straight time pay for
their normal shift. For example, if 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 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
27
T A cmvally 17; Jrc:u"-.
4-5
I. p moil►ility to r/a?y-n-4 µll Ge#ifiectes and/or- Deg ees ee � �. �
C. 1L4V�1fG� 1 their- .-....e (1) , nt an .,eh e, a l� F-Mdjfae4ei==� ,. a De«F fffi ..., AtjY"1. r ima\.
C uim Q vZ, e ,
, l re—qui �..ents
weFe et and new reA;fie tt is s4mitted,the enti e pay an „4;ii
ceFtifie-atiens eligible €er- payfaea4 inel. de, bu4f��oG`la�ing
/ T, AZa�`i �UilA fea /L7e "..<l eA f;.,.,i-: Y" 9 'j..'.e e-44 C.--4-; eappea
�,� -yvax. 7ata teT �i rJf y fib c ?� '
will be eligible for- $50-9 =A&R' . lN4u t ,.e e a Sativf&e «. De,"f;...„.. ,, e
It
{s�- Gefi�twt=mac :-,A :jn`eu, zajs,
$600(M-ust . e e a Smi-.F etefy ne..F ....,. nee review ., c menth evahm6eff4ger-e
re6ei6�
(a) Inse +;.wide spFay ueense (e e peF ae...,.+,<,entldi R4H4
eati-ve pay.)
ly, Yim teams E)a (1) per
Be Baeheler-'s e d -*- lip: of the
$l200_a,, wally. _ (Must be employed o year- be f fer-erei-Vinga .;<.e
{_fBaeheler's Degree from an aesredited eellege-$1,200 ammally, limited . ene r1, peF
supen,isan (Must be empleyed one year- before rweiving iaeefi4ive pay-.)
ke
the ad, Raact�r., &Mn tl� s City Manager-, a dollar- y.al„e
z r not l•e r-eeei-N4t}g �atir uat�rg
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.
29
ARTICLE 16
RETIREMENT CONTRIBUTION ( UPDATE with New PLAN)
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 a supervisor's earnings for each
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 15' of the
following month, together with reports on forms to be furnished by the Plan or the employer's
printout, if in an acceptable format. During the effective period of this Agreement, this benefit will
be paid monthly over a twelve (12) month period, which will continue for the life of the Plan.
16.3: Title to all monies paid into the Plan shall be held exclusively by the Trustees in trust for use in
providing the Benefits under the Plan and paying its expenses.
16.4: The Employer 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
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 (TA)
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 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 supervisor's performance is evaluated by the
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. Special Performance Evaluation. Special performance evaluations are performed by the
31
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: Probationan, 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.
ARTICLE 18
SAFETY (TA)
18.1: The City and IUPA 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.
33
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 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 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 18.7B. (MMI stands for Maximum Medical Improvement. It is defined as the point at
which an injured worker's medical condition has stabilized and further functional improvement is
unlikely to allow the 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.
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
35
12.4.
ARTICLE 20
SALARY
20.1 For the first year of this Agreement (October 1, 20' through September 30, 2026) bargaining unit
members shall receive a wage increase of no less than six percent (6%) wee 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%)
}fi wee-(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 four percent (4%) f90" dwee «"'';
perms of the supervisor's hourly wage.
0 ala1-J b 141 dt the begun ing
oft the een.r-aet, ,leng t4 the (7)
per-eeatpay faise. his .ill make „p f the ec risci and
`�vnlarr�s �l�e
suffeuadinb .
ARTICLE 21
SUBSTANCE ABUSE TESTING (TA)
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.
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 (TA)
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
37
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.
ARTICLE 24
CLASSIFICATION AND COMPENSATION PLAN
LONGEVITY AWARD
24.1 A Classification and Compensation Plan shall be used to administer the established pay rates of
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
39
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.
1). sup&n4s it 3 P2"t tilync l`rafus eA the time a .their- Fele mit
Longevity is a benefit and takes effect whets
an emplovee becomes full time. fart -time or temporary status dots 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'.
ARTICLE 26
SEVERABILITY (TA)
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 (TA)
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
incident that may be emotionally disturbing. This service will be paid for by the City.
41
APPENDIX A
GRIEVANCE FORM
(Type or Print Clearly in Ink)
NAME OF GRIEVANT:
DATE GRIEVANCE OCCURRED:
A. Give Article(s) and Sections(s) of Contract which Grievant claims were violated:
B. State concisely facts relied on by Grievant:
C. State relief requested by Grievant:
Signature of Grievant
Signature of Union Representative Date Submitted
for Grievant
43
9/18/25
cm -Of
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 (TAJ
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 1UPA; 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 1
UNION RECOGNITION (TA)
1. 1: The City recognizes 1UPA as being certified by the International Union of Police Associations and
as such is the sole and exclusive bargaining agent, for those full-time supervisors 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.
ARTICLE 2
MANAGEMENT RIGHTS (TA)
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 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 supeivisor-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 6
NO STRIKE (TA)
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. IUPA 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) 6o wo hall
mqui*d tDe ,,..tmem# Moo r_ :—hisde
7
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) 6.911 Dispa4eher- who is per-gqfmi -_ . . - ill be paid an extra $5.00 $3.00 per- hour -
all heur-s they a aer,.elly .„ ,iding in house insl ue+:en .,,...1 no; on leave
(e) A 911 Di at l e as .,r l fe"ir-ed 4e be on-eall and will be paid one hffiff at time
�liAYLZC'GT.T
ic,
. ,1u, v„v1...., e half for- e e >\Terday * Friday, and be paid1~ two e .s at time a ene half
ear. e.,+...day, Suff ay a*d l,el;day . e.,tf $3 00 per- hour f e e.,ll t,etw pf�ev;a;
they are not ether -wise paid eall baek-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 %) 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 aR employee 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. Ilowe,,'er, time spent oil
unapproved leave, administrative leave. wipaid 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 an 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.
accrued compensatory time at the supervisor's current hourly rate of pay to a maximum of
forty (40) hours.
7.4: Call-Out/Desi,,nated On -Call
(a) Call -out -When an employee a supervisor is called back to work after his or her normal
workday, he or she shall receive a minimum of three (3) two (2) hours pay at the overtime or
compensatory time accrual rate. The maximum travel time paid is ,1E30 minutes.
(b) When aneyee a supervisor is assigned to attend a meeting or perform work immediately
following or preceding his/her normal work day, the eleyee supervisor shall be entitled to a
minimum of€14ty (38) 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 %)
the supervisor's regular hourly rate of pay.
(c) Designated On -Call (Inel des !'rime See e Unit-4 (Excludes Communications 911 Department)
- When the Department Head or their designee designates an empleyee a supervisor to be on
call, the employee supervisor must respond within 1 hour or advise the sup,&: ser- pe°�, A
Head or designee of the delay. The epee 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 V. IM PcT-h&ar for being on -call. The maximum travel time paid is 45 30
minutes.
Or 1 TT 0 15 01 .0 1 adopted z' L 25, 2015 .f the Git, -9 9-bastian peliee o ,
i-p s j --,b deser-ipfien falls under- the
ARTICLE 8
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, S&= .4ee awaFds,
or other matters based upon length of service. Part-time service does not count towards
longevity.
11
(2) 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 supervisor's current position. The 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.
(3) If otherwise eligible, the bumped supervisor may then proceed himself in accordance
with this article.
(4) 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.
(5) 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.
(6) 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 I 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.
13
(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 -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 supervisor reimbursing the City for any paid leave taken under
this Article. Any 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 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, 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 %) 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 %z) 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
15
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
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 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 IUPA business.
(b) A 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) 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
17
9.9: Personal Leave
Eligibility — Each regular full-time supervisor shall receive twenty (24) hours of personal leave per
fiscal year.
(a) 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.
(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.
ARTICLE 10
SICK LEAVE
10.1: Eligibility/Accrual of Sick Leave:
(a) Only regular full-time 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. 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:
1. Sick leave does not accrue while a supervisor is on any unpaid leave.
10.2: Reouest 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 their
Department Head. Upon approval of the Department Head, texts and emails will be accepted. The
supervisor shall state their expected duration. The supervisor shall repeat this procedure each day
he/she is unable to report for work, unless excused by the Department Head.
(b) If a supervisor is absent from work in excess of three (3) (4) consecutive work days for DizrAte-h
^d five (" ^ „ ive for- all E4hef De„aftm^r+ personal, 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 a supervisor is to be absent more than 3
days for Pispmeh and five (5) days for- all other- T,o,,.,A. ent per —penal, 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.
19
(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.
0168-ct-SFk}� S9 iee�kti� 32M h:9urs of sick leave,, they may at their- vpptien eeiweci4 Efly
r
e ° Y=►a- : f 320 1., ufs t .aLl zan 18alve
`►^ &pt_w ..he eleer not to a eFt the;,
siek leave will retain their- siek leave benefit as euffenfly pr-evided in the eerAr-aet. if the
:n!um rasa~.,. , l .,.ie,. the last full pay par e,l of e,.eh fi. e.,l
year-, the e ekpr-eeess eapmet be allowed-. Of
gupeFviserns ivill :have the option ofthing :ki xr 11 eigh4y (an) n k leave h. ufsper- e
(a) The-supei*Y56T--_ina 2 mi t:m,& , b�rl�^�f\320 cc 1 on after- eas ;
-admil71C%t
the >ed ofthe fisealyt&n 1Wjvl*vni vmoil be made the fif St pay per-ie
in Deee.,,b.e,- i ., sepaF to eheek
(u) OFFIGERS NEW GONTQnrT TN.CY CTHU r41 rncu nUT TIMEe
ARTICLE 11
VACATION LEAVE (TA)
11.1: Eligibility:
Only regular full-time 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
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. To clarify the rate at which an
supervisor accrues vacation leave the following tables will be used.
Eligibility:
A. Regular full-time supervisors working forty (40) hours or more per pay period are eligible.
Vacation leave does not accrue while an supervisor is on any unpaid leave
Table #1:
Full Time Supervisors
Lens,th of Service
1 Year but less than 5 Years
5 Years but less than 10 Years
10 Years but less than 15 Years
15 Years but less than 20 Years
Bi-weekly
Accrual Rate
3.08
hours
4.62
hours
6.15
hours
6.92
hours
21
Vacation Leave
Hours Earned
80 hours (10 Working Days)
120 hours (15 Working Days)
160 hours (20 Working Days)
180 hours (22.5 Working Days)
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 lh. 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 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 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.
ARTICLE 12
GRIEVANCE PROCEDURE (TA)
12.1: The procedure set forth in this Article shall be the exclusive method for resolving RTA 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.
23
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.
25
13.6 Regular full-time supervisors not scheduled to work the holiday will receive straight time pay for
their normal shift. For example, if 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 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
27
_
rMTROMM
..
.
-ELM.
..Ww
_
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.
29
ARTICLE 16
RETIREMENT CONTRIBUTION ( UPDATE with New PLAN)
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 a supervisor's earnings for each
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 1UPA 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
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 (TA)
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 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 supervisor's performance is evaluated by the
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. Special Performance Evaluation. Special performance evaluations are performed by the
supervisor any time during the year for special reasons; i.e., change in pay, promotion,
transfer, reassignment, etc.
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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.
ARTICLE 18
SAFETY (TA)
18.1: The City and IUPA 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.
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supplemental pay. Supervisor will pay the 1/3 supplemental pay.
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 901
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.
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.
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ARTICLE 20
SALARY
20.1 For the first year of this Agreement (October 1, 202`5 through September 30, 2026) bargaining unit
members shall receive a wage increase of no less than six percent (f) .�) th fee "` (7) erne w of the
supervisor's hourly wage.
20.2 For the second year of this Agreement (October 1, 202`6 through September 30, 2027) bargaining
unit members shall receive a wage increase of no less than four percent (4%) (80 )��(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 four percent (4%) (9%) thfee (3 W,
percent of the supervisor's hourly wage.
29.' F1a��rrisom receive a $5,000 C3karj'Stiiu•, ••ate uc the beginning of the a ......,n*' along with the (7)
m hin the
ARTICLE 21
SUBSTANCE ABUSE TESTING (TA)
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.
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 (TA)
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 wom at any other time or for
any other reason.
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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.
ARTICLE 24
CLASSIFICATION AND COMPENSATION PLAN
LONGEVITY AWARD
24.1 A Classification and Compensation Plan shall be used to administer the established pay rates of
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 IUPA of any change to a job description(s).
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C. Said adjustment(s) will be based on the supervisor's original 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.
1). supeFN4se r in a Yap? MW Of tl,e-\;r.
Longevity is a bcnelit and takes effect wilen
an employee becomes full time. fart -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 151.
ARTICLE 26
SEVERABILITY (TA)
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 (TA)
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
incident that may be emotionally disturbing. This service will be paid for by the City.
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APPENDIX A
GRIEVANCE FORM
(Type or Print Clearly in Ink)
NAME OF GRIEVANT:
DATE GRIEVANCE OCCURRED:
A. Give Article(s) and Sections(s) of Contract which Grievant claims were violated.-
B. State concisely facts relied on by Grievant:
C. State relief requested by Grievant:
Signature of Grievant
Signature of Union Representative Date Submitted
for Grievant
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