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HomeMy WebLinkAbout08-26-2025 MinutesCITY OF JE13-ASTI HOME OF PELICAN ISLAND INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, LOCAL 6056 10:00 A.M. TUESDAY, August 26, 2025 CITY HALL 1225 MAIN STREET, SEBASTIAN, FL MINUTES 1. INTRODUCTION Brian Benton, City Manager Brian Stewart, CFO, Finance Director Cynthia Watson, Human Resources Director Jennifer Cockcroft, City Attorney Nick Voglio, IUPA Attorney (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 10:03 a.m. by the City Manager. All attendees introduced themselves. He noted that both the City and the Union had exchanged documents in advance of the session and invited Union representatives to present their requested changes. 2. ARTICLE AMENDMENTS A. Article 1 - Union Recognition The Union President and Vice President discussed the inclusion of supervisory positions. The Vice President clarified that the Assistant Superintendent role should not be included in the supervisors' contract, as that position manages supervisors and should either have its own contract or remain under direct City employment. The City Manager responded that he had no objection to including the four positions requested by the Union-911 Dispatch Supervisor, Accreditation Records Supervisor, Crime Scene Evidence Supervisor, and Lead Mechanic/Garage Supervisor —and would sign a tentative agreement (TA). He reminded both sides that Article 1 allows positions to be added or removed at the City's discretion. B. Article 7 - Hours of Work and Overtime The Union requested a 30-minute paid lunch period for supervisors, noting that detectives receive paid meal breaks. The Union President explained that supervisors often work alongside police department personnel and should be afforded similar treatment. The City Manager disagreed that physical location in the police building determined contract rights, but stated the City would take the request under advisement. He emphasized that supervisors fall under a separate agreement, not the police contract. I. Article 22- Uniforms The Union President requested the inclusion of a dry-cleaning allowance. The City Manager agreed. TA reached. J. Article 24 - Classification and Pay Scale The Union President and Vice President initially proposed a 10% salary increase, later revising the request to 7%, citing Florida's rising cost of living and housing market, salary comparisons with nearby agencies such as Port St. Lucie, Martin County, and Palm Beach, the difficulty of affording homeownership on current pay levels, and retention concerns if supervisors can earn more elsewhere. The Vice President then presented comparative salary data for accreditation managers, evidence supervisors, and communications supervisors, noting that some Sebastian supervisors earn as much as $10,000 below average rates. In response, the City Manager cautioned that comparisons to much larger municipalities like Port St. Lucie may be misleading given Sebastian's population of roughly 27,000, and further reasoned that outlier salaries in the Union's data inflated averages, stressing the need to exclude extreme figures to reflect the true market range. He also emphasized that the City had recently raised millage rates to support employee pay —a step few municipalities have taken —and noted that employee benefits, particularly insurance and retirement, provide significant value in addition to wages. The City Manager declined to commit to salary adjustments during the meeting, it agreed to conduct further market review, leaving the article open for continued discussion. 3. TENATIVE AGREEMENTS (TA) The following articles were tentatively agreed to during this session: Preamble Articles 1, 2, 3, 4, 5, 6, 9, 11, 12, 13, 17, 18, 19, 21, 22, 23, 25, 26, 27, and 38 4. ARTICLES REMAINING OPEN The following articles were left open to after this session: Articles 7, 8, 10, 14, 15, 16, 20, 24 The City Manager said city staff will prepare written responses and clarifications on outstanding articles, while the Union will determine its preference regarding retirement plan participation between the CWA plan and the City's pension/401(a) option. He explained the next bargaining session is expected to take place during the week of September 4-8, 2025, with the exact date to be confirmed. The City Manager thanked everyone, and the meeting was adjourned at 11:14 am. 7/z6/,_ /as .'I VANI 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 Section 1 This Collective Bargaining Agreement ("Agreement") is entered into by the City of Sebastian, Florida ("City" or "Employer") and The International Union of Police Associations, and has as its purpose the promotion of harmonious relations between the City and IUPA; the establishment of an equitable and peaceful procedure for the resolution of differences; and includes the agreement of the parties on the standards of wages, hours and other conditions of employment covered hereunder. Section 2 Throughout this Agreement masculine gender pronoun shall be read to include feminine gender where appropriate. Section 3 Throughout this Agreement the meaning of "supervisor" is "supervisor". PREAMBLE Whereas, the intent and purpose of this Agreement is to maintain and further harmonious and cooperative labor management relations upon a constructive and sound foundation; Whereas, the cornerstone of this foundation is the mutual acceptance and recognition of the rights and obligations of both parties, in order that the joint responsibilities of the public employer and public supervisor to represent the public be fulfilled and the order and uninterrupted functions of government be assured; and Whereas, the City is engaged in furnishing essential public services vital to the health, safety, protection, and comfort of the residents of Sebastian; and Whereas, both the City and its empleyees supervisors have a high degree of responsibility to the public in so serving the public without interruption of these services; and Whereas, since both parties recognize this mutual responsibility, they have entered into this Agreement as an instrument and means to permit them to fulfill said responsibility; Now therefore, in consideration of the premises and promises set forth herein and the benefits and advantages accruing or expected to accrue to the parties hereto and those covered by this Agreement by reason thereof, and said parties hereby agree as follows: ARTICLE 1 UNION RECOGNITION 1. 1: The City recognizes IUPA as being certified by the International Union of Police Associations and as such is the sole and exclusive bargaining agent, for those full-time and -pa4t-time supervisors (e oluding t h,., r4y super-v 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 questions regarding the Parks Assistant Superintendent. This position should not be looped in with the supervisor's contract as they would be supervising the supervisors as a manager and should be under a contract not an hourly employee therefore, should not fall under the supervisors contract.. EQUAL EMPLOYMENT OPPORTUNITY/AFFRIMATIVE ACTION The City and IUPA agree to full and unequivocal cooperation with each other in eliminating all discrimination and to assure all personnel programs. Policies and assignments are free from discriminatory practices. The parties recognize that it is mutually beneficial to resolve any problem of alleged discrimination as amicably and expeditiously as possible and agree that each shall make a good faith effort to settle such disputes informally within the Department before any formal complaint is filed. Nothing in this contract will supersede the following: • The Fair Labor Standards Act • Title VII of the Civil Rights Act of 1964, as amended, or by applicable state or local law; • Title I and Title V of the Americans with Disabilities Act of 1990, as amended or by applicable state or local law and the Rehabilitation Act of 1973, as amended, or by applicable state or local law • The Age Discrimination of Employment Act of 1967, as amended or by applicable state or local law; • The Equal Pay Act of 1963, as amended or by applicable state or local law; • Title II of the Genetic Information Nondiscrimination Act of 2008, or by applicable state or local law; • Marital status or lawful political affiliation as prohibited under Federal Law and Florida Statutes or applicable local law. ARTICLE 2 MANAGEMENT RIGHTS 2.1: The management of the City and the direction of the workforce are vested exclusively in the City subject to the terms of this agreement. Nothing in this Agreement shall affect the right of the City to determine the standards of service offered the public; to maintain the efficiency of the City's operations; to determine the methods, means and personnel by which the City's operations are to be conducted; to direct the work of its supervisors; to hire, promote, demote, transfer, assign and retain supervisors in positions; to discipline, suspend or discharge supervisors for just cause and to relieve supervisors from duty because of lack of work; or to take any action, not inconsistent with the express provisions of this Agreement, necessary to carry out the mission of the City. All matters not expressly covered by the language of this agreement may be administered for its duration by the City in accordance with such policy or procedure as the City from time to time may determine. ARTICLE 3 BARGAINING UNIT REPRESENTATION/BULLETIN BOARDS 1.4=2 Nothing contained herein shall require the Employer to deduct or to otherwise be involved in the collection of delinquent dues, fines, penalties, or special assessments of IUPA. 4.5: An µ gm+ en4 ,.rWage, Dues a dtie4ien maybe , eeiea by the o thii y i30a wr-i;tea natiee tz ii% !4+&-C—lty md-VJ1Xk. ARTICLE 5 RIGHTS OF SUPERVISORS 5.1: The City and IUPA agree that supervisors possess the rights set forth in Section 447.301, Florida Statutes, and are entitled to exercise these rights without interference, restraint, or coercion from any person, including IUPA representation in any discussion between the supervisor and representatives of the City in which the supervisor has reasonable grounds to fear that the interview is investigatory and may result in disciplinary action being taken against the supervisor. 5.2: The supervisors must sign all documents (i.e., Performance Reviews, Disciplinary Action, etc.) that are placed in the supervisor's personnel file whether the supervisor agrees or disagrees with the document to signify the supervisor has seen and discussed said document. If the supervisor does not sign the document they will be subject to disciplinary action up to and including termination. 5.3: The City will have the supervisor sign for a copy of any adverse action document to be placed in a supervisor's personnel files prior to the document being placed into the files. Supervisors shall have the right to file a written response to any letter of reprimand or other document that is placed in the their personnel file as a result of supervisory action or citizen complaint. Any such written response shall be included in the Supervisor's personnel file together with the letter of reprimand or other document against which it is directed. To the extent permitted by law and in order to protect the privacy and promote the safety of supervisors, the City agrees not to directly or indirectly furnish the news media or public with any supervisor's personal information, (i.e., home address, date of birth, telephone number, photograph, etc.), and/or personnel records as required per Florida Statute 119 as amended without the supervisor's consent. 5.4: IUPA agrees not to directly or indirectly furnish the news media or the public with personnel records without the consent of the City and the supervisor, thus mutually agreeing to the confidentiality of personnel records other than required by law. 5.5: IUPA members are entitled to be represented by IUPA in grievances arising under this Agreement. They may also bring matters of individual concern not covered by this Agreement to the attention of City officials. ARTICLE 6 NO STRIKE 6.1: For purposes of this Article, "strike" is defined as the concerted failure of supervisors to report for duty; the concerted absence of supervisors from their positions; the concerted stoppage of work by supervisors; the concerted submission of resignations by supervisors; the concerted abstinence in whole or in part by any group of supervisors from the full and faithful performance of the duties of employment with a public employer for the purpose of inducing, influencing, condoning or 7 the hours work total 8 hours. 2. Non administrative e . leyee�s .,,,,.. iag and ending of shi fi, for- a eh ,aiyisio shall he thesele diser*4ien of ;he Pepai4fffefft Head and net only by any 3. 1=Iour-s of @p+? may be ehanged &om time to time at the diser-efien of the employee's immediate (e) Supervisors will receive two fifteen (15) minute work breaks one in the morning and one in the afternoon. These breaks cannot be in used in conjunction with the meal break, and must be used or lost. This time cannot be used to make up for late arrival or for leaving work early: The two fifteen (15) fnii+ute work breaks for- both AdmkiistnAive andNon a&niaistfatiye 1, afid these breaks will no� be 4aken iflifnedia4ely before an&o " for- late a;*ival lief leaving work early. (f) The City will make a good faith effort to find work for supervisors when adverse weather conditions do not permit outside work. If no work is available, supervisors may use accrued vacation, personal, or compensatory time, (if earned) to leave work for the remainder of the day. 7.2: Communications Division: (a) Unit supervisors shall be entitled to one (" (30) minute paid meal break and two (2) fifteen (15) minute paid breaks per each eight (8) hour shift, to be taken at the discretion of their Department Head or designee. However, if the supervisor works a twelve (12) hour shift, they are entitled to one (1) (" thirty (30) minute paid meal break and three (3) fifteen (15) minute paid breaks. (b) The Supen•isor 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. and not on leave. and ofie -fie-4-2 meaday thpa Friday, aad be paid two hours at. time and one half fef eabh 9 8-unday and holiday an extra hours, 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. first pay eheek in Oeteben earequestfer- paayetA fef all OF paftial aeefuea 3. The supervisor must receive prior approval to use compensatory time off, except in emergency situations. The supervisor's Department Head shall attempt to accommodate the desires of the supervisor as to the time off desired, work schedule and conditions permitting. (f) No supervisor will be placed in a leave without pay status during the basic work week in order to deprive him or her of the right to earn compensable overtime. The supervisor may elect to flex time within the same day seven (7) day work week; however it is at the sole discretion of the Department Head or their designee. (g) Department Head or their designee will have the right to schedule overtime based on the workload. Supervisors shall be required to work overtime when assigned unless excused only by the Department Head or their designee. Any s • ho d...sifes to be exetised p.-Aeat shall submit to 4heir- PepaAmeiit Head er- 4heir designee written r-eques! ;e be exelasedd. IN. the even4 that the Pepai4Rieat Head or- their- designe r-equests en file may also be r-equir-ed4e (h) If an ewpleyee a supervisor leaves the service of the City, he or she will be paid for all accrued compensatory time at the supervisor's current hourly rate of pay to a maximum of forty (40) hours. 7.4: Call-Out/Desit:nated On -Call (a) Call -out -When an a supervisor is called back to work after his or her normal workday, he or she shall receive a minimum of'e-(3) two heaa-S (3) hours pay at the overtime or compensatory time accrual rate. The maximum travel time paid is ^yes �_48 minutes. 45 minutes (b) When an empleyee a supervisor is assigned to attend a meeting or perform work immediately following or preceding his/her normal work day, the empleyee supervisor shall be entitled to a minimum of t 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 (hie „das GF4 e S ene T ni4) (Excludes Communications 911 Department) — When the Department Head or their designee designates an empleyee a supervisor to be on call, the eleyee supervisor must respond within 1 hour or advise the Heal eF designee of the delay. The emplyee supervisor will receive one hour at time and one- half for each Monday thru Friday, and be paid two hours at time and one-half for each Saturday, Sunday and holiday $1.00 per- keur for being on -call. The maximum travel time paid is 45 38 minutes. (d ) Crime Scene Personnel shall be considered high risk supervisors and in turn be included in 11 lay-off empleyees-supervisors. IUPA and the affected empleyee(s) supervisor(s) shall be notified in writing not less than sixty 60 calendar days prior to the effective date of such lay-off. (c) If the City fails to provide the empleyee(s) supervisor(s) with a sixty- (60) day written notice of lay-off, the City will pay the empleyee-(s) supervisor(s) the equivalent of twenty (20) days of pay. Such payment will be paid in two (2) bi-weekly increments. (d) The duties performed by any laid off employee supervisor may be reassigned to other employee supervisors already working who hold positions in appropriate classifications. (d) No regular full-time empleyee supervisor shall be laid -off while a probationary, part-time, or temporary wee supervisor remains employed in the same job classification. (e) Permanent, regular full-time empleyee 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 empleyee's supervisor's current position. The employee supervisor must possess the minimum qualifications for that position, and have greater City seniority than the present occupant of that position. Affected supervisors shall have five (5) business days, from the date their options are explained, to notify management whether they desire to bump or take the lay-off. (2) If otherwise eligible, the bumped supervisor may then proceed himself in accordance with this article. (3) In the event that two or more affected supervisors have the exact same citywide seniority, the empleyee supervisor with the least classification seniority will be laid off first. If both empleyee supervisors have equal seniority, the employee supervisor who applied for the position first will retain the position. This will be determined by the time/date stamp issued by Administrative Services on the employment application when it was first received. (4) An A employee supervisor bumping to a different job classification shall be placed in a probationary period of s(6) ffien4h& 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) An supervisor bumping to a job classification which is lower than their present job classification will take a 3% per Grade not to exceed nine (9%) percent reduction in pay. In no case will the supervisor be paid more than the maximum rate of the lower classification. (f) Probationary supervisors shall have no bumping rights. AR empleyee 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 empleyee supervisor 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-empleyee supervisor will file a copy of the death certificate of the deceased. Said death certificate will be attached to a leave request form and forwarded to the Department of Administrative Services, Human Resources for processing. Failure to produce a death certificate will result in the empleyee supervisor reimbursing the City for any paid leave taken under this Article. Any empleyee 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 employee 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,eyee supervisors have the option to use accrued vacation leave, compensatory time or personal leave, for the attendance of funerals. Emqleyee Supervisors will supply their department head with written notification for this request in as timely a manner as possible. The wee supervisor will make every effort to comply with the provisions of this section. In the event that the wee 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 em-pleyee 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. L',..„-,loyees a#en ing eseimm# „r behalf of the Qt y, er m; cotl<ur pzrv%.-c fJri�d efien g der-i--a th&:r x3r.—, al war -king hee .,, Si,,,n a e leave with pay for- the i.,,,,,.s the„ *, ayei to *,a attend cocme. The City of ci2s T7Av5l Pokey willbe used re.. 4.avel 2v-,pzrntca, (b) Albea44eyees 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 15 supervisors to attend conferences, schools, and similar events designed to improve their efficiency, if considered to be in the City's best interest. All leave and expenses will be recommended by the Department Head and subject to approval of the City Manager. 9.5: Medical Leave: City agrees to grant request for leave of absence for medical reasons with or without pay in accordance with the Family and Medical Leave Act (FMLA) and City Policy. 9.6: Military Leave (a) The City agrees to grant request for leave of absence with or without pay in accordance with Florida State Statute 115.07 — Officers and supervisors' leave of absence for reserve or guard training. Per State Statute, leaves of absence granted as a matter of legal right under the provisions of this section may not exceed 240 working hours in any one annual period. Administrative leaves of absence for additional or longer periods of time for assignments to duty functions of a military character shall be without pay and shall be granted by the employing or appointing authority of any state, county, municipal, or political subdivision to provide a substitute supervisor, if necessary for the assumption of such employment duty while the supervisor is on assignment for the training. (b) The empleyee supervisor shall be required to submit an order, Battle Assemble (BA) Schedule or statement (pending orders) signed by the appropriate Commander as evidence of any such duty, Such order, BA Schedule or statement must accompany the form request for Military Leave at least two (2) weeks prior to the date such leave is desired. 9.7: Leave of Absence (a) The decision to grant a leave with or without pay (leave of absence) is a matter of management discretion. It shall be incumbent upon each Department Head to weigh and to determine each case on its own merits, including time off for IUPA business. (b) An supervisor may be granted a leave of absence for a period not to exceed twelve (12) months for good and sufficient reasons, which are considered to be in the best interests of the City. (1) Such leave shall require the prior approval of the Department Head and the City Manager or his designee. Before such leave of absence without pay will be granted, the supervisor must exhaust all vacation leave, personal leave, compensatory and, if appropriate, sick leave. (2) Voluntary separation from City service, to accept employment outside of the service of the City, shall be considered an insufficient reason for approval of a request for leave of absence without pay. (3) If for any reason a leave of absence without pay is given, the leave of absence may subsequently be withdrawn by the Department Head and the City Manager, and the supervisor recalled to service if the need for leave no longer exists. 17 (a) Employees Supervisors starting during the year will get a pro-rata portion of the personal leave hours. Those starting during the first three months (October - December) receive eight (8) hours, second three months (January - March) receive four (4) hours, and those starting in the third three months (April - June) receive two (2) hours. the first Afee ,,.,,.i#hs receive twea4y four- (24) seeend thfe r Ems o o e eighteen ( 8 third thfee menths rveei-ve twelve (12) and list thee fnefitl}sreeeive sixz�)—(Keeping previous language) (b) Personal leave must be used by the last full pay period of the fiscal year. (c) Personal Leave will not be paid out upon separation of employment. ARTICLE 10 SICK LEAVE 10.1: Elicibility/Accrual of Sick Leave: (a) Only regular full-time empleyee supervisors are eligible to accrue sick leave. Regular full-time supervisors will accrue sick leave at the rate of ninety-six (96) hours per calendar year or 3.692 hours per pay period. (4 0) hetws or- more . . I � . d will aeeme siek leave at the rate ef 1.846 hettfs fef that pa pe}ied. 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 an 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 ire their Department Head. Upon approval of the iminediate Supen,isef Department Head, texts and emails will be accepted . The employee supervisor shall state 4 he -.,t•,.e , fhis hef ipeap,�n As expee`e a••r do , an the expected period of absence. The empleyee supervisor shall repeat this procedure each day he/she is unable to report for work, unless excused by the Department Head. (b) If an-empleyee a supervisor is absent from work in excess of three (4) (5) consecutive work days fn Dispateh „`1 f;. (5)-`ense ,ti, efor-all other- De aA ..* per-senal, due to an illness, the member must submit a doctor's note to the Department Head, or his/her designee, attesting to the supervisors ability to return to work with or without restrictions. If an supervisor is to be absent 19 (f) Supervisors hired on or after October 1, 2022, may accrue up to 480 hours. This is to allow for Family Medical Leave. The 480 hours are not paid out when the supervisor separates from the City. (g) Sick leave will not be approved or paid during an supervisor's last two (2) weeks of employment, except in the case of an emergency. An supervisor requesting paid sick leave will be required to furnish a doctor's note verifying that the supervisor was medically unable to report to work. Failure to provide this documentation will result in no pay for the day(s) in question. (h) once an supervisor accrues 320 hours of sick leave, they may at their option convert fifty percent (50%) of any unused accrued sick leave in excess of 320 hours to vacation leave as of the last full pay period of each fiscal year. Supervisors who elect not to convert their sick leave will retain their sick leave benefit as currently provided in the contract. If the supervisor is at the maximum vacation accrual after the last full pay period of each fiscal year, the sick conversion process cannot be allowed. Ui Supervisors will have the option of cashing in up to eighty (80) sick leave hours per year if the following requirements are met: (a) The supervisor has a minimum balance of 320 or 480 after cash in. (b) Request for the cash in must be submitted to the administrative services department by the last full payroll period of the fiscal year. Payment will be made the first pay period in December in a separate check. (H) OFFICERS NEW CONTRACT THEY STILL CAN CASH OUT TIME. ARTICLE 11 VACATION LEAVE 11.1: Eligibility: Only regular full-time and fegulaf paFt 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. Temper Seasonal 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. The aeepaal ra.e f r r-eg lar pan tine . rs working PaFty (40) hours or mer-e per pay period will be at one half the aeefual F , .e ,,l,l, ,;, ,, :.h .h same ri,i.e, of years sef-,xiee.; 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 21 (5) any other absences not covered by existing leave provisions, at the discretion of the Employer. (b) Any supervisor who becomes ill while on vacation leave may substitute accrued sick leave for vacation leave for the period of illness. The supervisor shall supply appropriate certification from a physician as to the nature and duration of the illness. (c) Supervisors will not be allowed to carry over from one fiscal year to the next more than two (2) years' worth of accrued vacation leave. If during the year the supervisor accrues more than two (2) years' worth of vacation leave, they will have until the last full pay period of the fiscal year to bring their time balances down to the two (2) year maximum. If the supervisor does not bring the time balance down to the two (2) year maximum by the last full pay period of each fiscal year, they will forfeit all hours in excess of the two (2) year maximum carryover. After the last full pay period of the fiscal year, vacation leave will go back to the maximum accrued. Proper documentation signed by the supervisor's Department Head will be forwarded to the Administrative Services Department where it will be kept on file indicating the reasons for not granting the requested leave (d) Vacation Leave Cash -in Supervisors will not have the option of cashing in vacation, but will have the ability to cash out when the supervisor retires. (e) When an employee 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. 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. 23 Head a written grievance on the standard grievance form, attached as Appendix A. This must occur within ten (10) business days of the occurrence of the event(s) which gave rise to the grievance or from the date on which the grievant became aware of the cause of the complaint. If the event(s) occurred during the time when the supervisor was on paid leave, the ten (10) business day period shall commence running immediately upon return to duty. The Department Head shall schedule a grievance meeting with the grievant within ten (10) five ( ) business days of the submission of the written grievance. Within ten (10) five (5) business days after the grievance meeting, the Department Head shall issue a written decision concerning the grievance. If the grievant(s) is not satisfied with the Department Head's decision, or if no decision is issued within the time allotted, the grievant(s) may appeal to Step 2. Step 2. Within ten (10) five (54 business days following the date of the Step 1 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 - HR Director, attaching all applicable grievance documents. A grievance meeting shall be scheduled within ten (10) five (5) business days following receipt of the Step 1 appeal. At such meeting, the grievant(s) may present evidence and argument in support of the grievance. Within ten (10) five—(5) business days of the grievance meeting, the - HR Director shall issue a written decision concerning the grievance. If the grievant(s) is not satisfied with the HR Director's decision, or if no decision is issued within the time allotted, the grievant(s) may appeal to Step 3. Step 3. Within ten (10) five (5) business days following the date of the Step 2 decision or the date on which it was due, whichever is earlier, the grievant(s) or IUPA Representative may file a written appeal to the City Manager. The City Manager will review all pertinent information and may schedule a hearing including due process for name clearing hearings and issue a decision within ten (10) five (5) business days of the hearing or ten (10) €rite (-S) business days of receipt of the Step 2 appeal. If the issue falls within the range of minor disciplinary action, i.e., any discipline less than suspension without pay, the City Manager's decision shall be final and binding upon the Employer and upon the grievant(s). In all cases other than minor discipline and performance evaluations, if the grievant(s) is not satisfied with the Step 3 decision, the grievant(s) may invoke the arbitration procedure of Step 4. Step 4. The grievant(s) or IUPA Representative may invoke arbitration by sending written notice to the Employer within ten (10) business days of the date the Step 3 decision was issued or the date, on which it was due, whichever is earlier. Invocation of arbitration by the grievant(s) will not preclude settlement of the grievance at any time prior to the issuance of an arbitrator's award. 12.5: The parties will attempt to agree upon a mutually agreeable impartial arbitrator. If, however, this cannot be done within ten (10) seven (7) business days following the Employer's receipt of the grievant(s) request for arbitration, representatives of the Employer and the grievant(s) shall jointly submit a written request to the Director of the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) professional arbitrators. Upon receipt of the list, representatives of the Employer and grievant(s) shall meet within ten (10) business days and, beginning with the grievant(s), each shall alternately strike, one at a time, until only one (1) name remains on the list. 25 When a holiday falls on a Sunday, the following Monday will be observed as the holiday. However, on occasions, another day of observance may be more appropriate; in such instances, the City Manager will establish the date and will notify all supervisors in advance. For the 911 Emergency Supervisor(s), Holidays will be observed on the actual Holiday. For any supervisors working at the Golf Course ead or Tennis Courts Tennis "`.e., Holidays will be observed on the actual Holiday. 13.3: No regular full-time A wee supervisor shall receive pay for a holiday unless he/she is in an active pay status or actually works his/her normal work schedule on the work day immediately preceding and the work day immediately following the day on which the holiday is observed. For purposes of this Article, "active pay status" also includes any approved leave with pay. 13A For holiday purposes, a holiday pay for regular full-time supervisors is defined as the ecee"s supervisor's normal shift (eight (8), ten (10), or twelve (12) hours). is fur- (4) hours. is def:.,ed s 4 e s er-'s ti of shig 13.S. B& W f'3� .. who .. er-k en that day shall re e and ee_half-(1 I toemployee's it Vt)8 G. 1Q 6F 12) ashelkky pw[ fir Am helida3` 13.5: If a full-time employee supervisor is scheduled to work on the day of a holiday they will have the option of requesting overtime pay for the hours worked at the time it is earned or request compensatory time in lieu of pay. Theeyee supervisor must notify their department head, in writing of their option no later than the last workday before the holiday. If the option is not presented to the supervises department head on or before the last workday before the holiday, overtime pay compensation will be used. A Te.... per-ar-y and ale „le„ees a not eligible fer- hel:day leave 4a 13. Regular- pai4 time efnpleyees wer-king less than fei4y (4 ed ar E. Regular- pan time a pleyees net seheduled_to , er4 are net eligible f8F holiday ems. 13.6 Regular full-time Supervisors not scheduled to work the holiday will receive straight time pay for their normal shift. For example, if an erapleyee 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 eapleyee 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 27 is on vacation, ill, has incurred a job -related injury, on FMLA, in training or absent from work for any other legitimate reason. Temporary assignments must be for three (3) consecutive days or more. The supervisor who is working in the temporary higher job classification will receive a 34; 6% increase in pay (or minimum of the acting Grade)_for all time worked while in that temporary classification. (e) There may be a need for an a supervisor to work in an out -of -class position due to a vacancy, illness, vacation, etc. In an event such as this, management has the right to make a request to those supervisors who can perform the duties of the position. If no one volunteers, management has the right to mandate e a supervisor to work out -of -class even if the work is overtime. An emp;eyee A supervisor working in such capacity will receive a 6% increase for hours worked. (f) An supentiser A supervisor may be assigned to a supeFvisean assistant superintendent or exempt job classification for a temporary period. The affected sepeFviser supervisor working a period of (3) three consecutive workdays or more shall receive up to a six percent (6%) increase to their regular hourly rate of pay (or minimum of the acting Grade, whichever is greater). The supen,ise supervisor will be entitled to receive the salary increase for all hours worked while in that temporary classification. and -are -fespensible ferpaying the-ees4 of the -renewal e€ their- ewa driver'Tlieefise. A fiew;y eb4ain ;he lieense. However-, if he�she has had ample 4ime to pr-aetiee and fails to Obtain hisAlef to pr-ave he�she was not able to pfaetiee will have aft additional three menths of probation to keense2916 sfeeWer- flE}itiefi OF above and -does l ei-have-his GPL hieense '-- -r- sh-Pe has 6; Mmenith's ;-A- obs-ain- s-1he lie -en -see. 1-f-the Neense is not ebtained, !hey will b NeefiseC-est- and the GDL Lleense-and-a e€0.-—derwhienthe '''�z�e-s. t 4ai their- CAN r 14.5: To promote self-improvement initiatives the Citv agrees to nav supervisors obtaininp- an accredited certification in their respective field a one time incentive of $50.00. per certification Each certified course must be different. related to their field. paid by the supervisor, and taken after hours. Certification of the accredited course must be submitted to receive the incentive nay. The maximum pa.vable per year is one hundred and fifty 6150) dollars. 29 ARTICLE 15 GROUP INSURANCE ( Cindy Change tier New Insurance 15.1: During the term of this Agreement, all supervisors who participate in the group insurance coverage will pay twenty-five dollars ($25.00) per month towards the premium for group medical insurance coverage. The City agrees to pay the remainder of the premium to provide individual group insurance coverage to eligible supervisors. 15.2: In the event that the premium rate for dependent group insurance coverage increases, the Employer agrees to notify WPA—as soon as is practicable. IUPA agrees that the Employer may, at its discretion, obtain substitute insurance coverage by another plan. 15.3: Any eligible expleyee supervisor who elects to participate in the group insurance dependent coverage option plan will pay no more than sixty percent (60%) of the cost of the premium. The insurance premium may change each fiscal year based on renewal rates. The supervisor shall pay any additional supplemental insurance that is optional coverage to the supervisor. 15.4: If the group medical insurance is declined, the empleyee supervisor will receive $200 "_ 4)0 per month (" &75-$150 paid twice a month). 15.5: Supervisors who retire or leave the City with twenty (20) years or more of continued service are eligible to continue their health insurance only for a maximum of 2 years and the City will pay no less than forty (40%) of the costs of single group medical coverage. This means the retired supervisor who has 20 years of continuous service will pay no more than sixty percent (60%) of the insurance premium for single coverage. The insurance premium may change each fiscal year based on renewal rates. If the retired supervisor wishes to continue Dental, Vision and Life Insurance for the 2 years, the retired supervisor will pay 100% of the cost. The Health Savings Account ) (HSA)is not part of the retirement insurance. U 1 HER BENEFITS: SHORT TERM DISABILITY I UNG TERM DISABILITY 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 alieyee's a supervisor's earnings for each employee 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 31 (b) Where there is a difference of opinion concerning a performance evaluation between the supeFviser Department head and the empleyee supervisor, the employee supervisor will have the opportunity to express their differences in writing to the supervise department head and the supervisor's evaluator. If the issue has not been resolved at this level, the expleyee supervisor may activate the expleyee supervisor grievance procedure within the timeframes established in Article 12. (c) Supervisors rated unsatisfactory are not eligible for - increases or promotions or transfers. (d) Supervisors rated unsatisfactory will be put on a 1 to 3 month's Performance Improvement Plan (PIP). A monthly evaluation will be conducted. If the supervisor doesn't improve within the three months, the enpleyee supervisor will receive a final written warning, suspension, or dismissal. (e) Supervisors who receive an unsatisfactory rating for two (2) consecutive annual evaluations or special performance evaluations may be terminated from employment for cause. 17.4: Statement of Philosoohv Both the City of Sebastian and IUPA believe that the purpose of the performance evaluation system includes the following: a) to clarify both management's goals for the position and the supervisor's goals; b) to monitor the employee's supervisor's achievements and to review areas of needed improvement; to make recommendations for improvement and establish time frames to achieve the recommended improvements. c) to facilitate communication between department heads and supervisors about the empleyee's supervisor's job duties and establish a framework for open, constructive feedback; d) to encourage and develop time line plans for enpleyee supervisor development, growth and improvement. 17.5: Fffipleyee Supervisor Evaluations: Performance evaluations for each supervisor shall be submitted once each year using a City of Sebastian performance evaluation form. Supervisors shall be evaluated by their appropriate department head. Supervisors shall be given a minimum of three (3) workdays notice prior to the evaluation meeting. At the time of such performance evaluation, the specific job duties, job description, and performance shall be reviewed by both the supervisor and the supefvise department head to discuss patterns of performance for the past year and expectations or recommended plans for improvement for the upcoming year. Each supervisor has the right to add written comments regarding the performance evaluation on the performance evaluation form, at the time of any review, and subsequently if any changes are made. The supervisor's signature on the performance evaluation form signifies that the performance evaluation has been reviewed with the supervisor, but does not signify that the supervisor agrees with the evaluation. The supervisor must sign all documents (i.e., Performance Reviews, Disciplinary Action, etc.) that 33 18.5: Any supervisor who as a result of an act or by way of their own negligence and/or in violation of established safety standards and policy of the City causes damage to, or destruction of, property of the City without substantial justification or excuse shall be subject to progressive discipline action, up to and including termination. Additionally, the supervisor may be liable for up to the full cost of replacement or repair of the damaged or destroyed property. The provision of Article 19, Section 19.1 will apply. 18.6: Safet,, Glasses: a. With the prior approval of the supervisor's Department Head, the City shall pay for one (1) pair safety glasses. Where prescription safety glasses are needed, the supervisor, in conjunction with the City's Vision Care Plan, shall receive an eye examination not more than once every twelve (12) months. The supervisor shall pay the deductible to the doctor for the eye examination. The City shall pay for the cost of the first pair of safety frames and safety lenses for those supervisors required to wear prescription safety glasses not to exceed one hundred ($200) dollars. b. The City will also pay for the replacement of safety lenses due to on the job breakage or prescription changes, as needed. An incident report must accompany this request, which details how the breakage occurred. The report must be signed by the supervisor's immediate supervisor before being submitted. 18.7: Workers' Compensation: (t.TPD ,IL 11: A URIi3L VN 5 COMP DUE TO INSURANCE) Any regular full-time supervisor who sustains a temporary disability as a result of and arising out of employment by the City as provided by the Worker's Compensation Law of the State of Florida, shall, in addition to the benefits payable under the Worker's Compensation Law be entitled to the following: A. During the first eighty (80) working days of such disability, the supervisor shall receive net supplemental injury pay based upon his/her normal base pay reduced by the Worker's Compensation indemnity payment. The supplemental pay will be based on the following: a. WC Physician states the Supervisor is unable to work or City cannot provide limited duty work — City will pay full 1/3 of supplemental pay. b. WC Physician states Supervisor can perform Limited duty but Supervisor's second opinion states Supervisor cannot work, Supervisor pays 1/3 of Supplement. c. City provides limited duty work but Supervisor declines, City does not pay the 1/3 supplemental pay. Supervisor will pay the 1/3 supplemental pay. In the event the supervisor is absent for the 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 35 supervisor begins employment after the first full pay in October, the boot allowance will be prorated by $16.67 per month. Safety boots/shoes must meet the requirements as established by the department. (b) The City will also pay for the replacement of safety boots/shoes due to on the job damage caused as a result of an accident.(Up to Two Hundred dollars ($200). An incident report must accompany this request, which details how the damage occurred. The report must be signed by the supervisor's mynad ee-supervise department head before being submitted. If the damage was a result of the supervisor's negligence, the supervisor will pay the full cost of the replacement and may be subject to disciplinary actions as stated in section 18.5 of this Article. (c) If the supervisor provides medical documentation signed by an attending physician stating that they cannot wear the safety boots/shoes due to a medical condition they will not be required to wear the safety boots/shoes. The supervisor will also be exempt from the benefit provision as stated in section 18.8 (a) of this Article and will not receive the $200 annual disbursement for safety boots/shoes 18.9: If the supervisor does not complete the six (6) month probationary period for any reason, the amount reimbursed for the work boots/shoes shall be deducted from the supervisor's last pay check which will reflect the actual expense incurred by the city for the purchase of the work boots/shoes. ARTICLE 19 DISCIPLINARY ACTION 19.1 In the event a supervisor is discharged, suspended without pay, or demoted for disciplinary reasons, the City agrees that he shall be provided with written notification of the action. This notification shall be hand delivered to the supervisor or sent by certified mail, return receipt requested, to the address in the City Administrative Services Department records. 19.2 Except in extraordinary circumstances, before the supervisor is discharged or suspended without pay for disciplinary reasons, the notification described in Section 19.1 will be provided to the supervisor in advance of the action so as to give the affected supervisor an opportunity to present his position. 19.3 No supervisor shall be disciplined except for just cause. 19.4 No discipline, except termination, shall become effective until such time that the supervisor has exhausted the appeal process or until such time for an appeal has expired, as described in Article 12.4. ARTICLE 20 SALARY 20.1 For the first year of this Agreement (October 1, 20 2 4; through September 30, 2026) bargaining unit members shall receive a wage increase of no less than -1-- 1' n` r' 00 `three {-3 : (7) percent of the supervisor's hourly wage. 37 Employer deems beneficial. As such articles are the responsibility of the supervisor to maintain and are not required to be returned to the City. Since they can also be worn off the job, they are a taxable benefit in accordance with IRS Rules. ARTICLE 23 EDUCATION REIMBURSEMENT Reimbursement of education expenses by the City of Sebastian for approved educational or training programs will be in conformance with the following: 23.1: Eligibility for Participation in Tuition Payment Plan — All regular full-time supervisors are eligible for participation in the City's Tuition Payment Plan up to the limit of the funds available for education. This program is available only to supervisors who have successfully completed one-year of employment or probationary period. 23.2: Tuition Payment Plan — The City of Sebastian will, upon approval of the City Manager and the Human Resources Director, pay a percentage of the tuition based on the course grade achieved of regular full-time supervisors for any eligible training or educational program/course. An eligible training or educational program/course is one that, in the judgment of the Human Resources Director and the City Manager is directly related to the supervisor's current position or to a related higher position, and which will improve performance in a current position or which constitutes preparation for promotion to related higher responsibilities. Post graduate (ex. Master's, Doctorate, etc.) programs are not included within the tuition payment plan. The Tuition Reimbursement Plan is as follows: Grade % Paid A 100% B 90% C 75% P-Passing or S-Satisfactory (No grade issued) 100% 23.3: Application Procedure —A supervisor desiring to participate in the City's Tuition Payment Plan shall submit an application fifteen (15) working days in advance to their Department Head requesting approval for Plan participation. If the Department Head recommends the education program, it will be forwarded to the Human Resources Director and City Manager for final approval. 23.4: Course Completion — If the supervisor achieves a grade of "C" or better in a course which is graded -- or if the supervisor receives a "pass" in a course which is graded on a pass/fail basis — he/she will submit an official copy of his/her grades along with proof of his/her payment for tuition, required books, or lab fees to the Human Resources Director. Reimbursement for tuition shall be made in accordance with City policy for reimbursements. The supervisor's personnel record will be documented with his/her education achievement. Textbooks shall become City 39 first full payroll period following their five-year anniversary date. 2. Supervisors, after having completed ten (10) years of continuous service with the City, will receive an increase in their base pay of seven and one-half (7.5%) five (5%) percent. The seven an +e half five (5) percent increase will be added to their base pay effective the date of their ten-year anniversary date. 3. Supervisors, after havi ng completed fifteen (15) years of continuous service with the City, will receive an increase in their base pay of seven and one half five (5%) percent. The seven and ene half five (5) percent increase will be added to their base pay effective the date of their fifteen -year anniversary date. 4. Supervisors, after having completed twenty (20) years of continuous service with the City, will receive an increase in their base pay of ten (10%) five (5%) percent. The t-eii-five percent increase will be added to their base pay effective the date of their twenty-year anniversary date. 5. Supervisors, after having completed twenty-five (25) years of continuous service with the City, will receive an increase in their base pay of Vie) seven and one-half (7.5%) percent. The tern (10) seven and one-half (7.5) percent increase will be added to their base pay effective the date of their twenty -five-year anniversary date. B. Full time supervisors hired on or after October 1, 2022(5) will be awarded Longevity pay according to the following schedule: i. Supervisors, after having completed five (5) years of continuous service with the City, will receive an increase in their base pay of three percent (3%). The three percent (3%) increase will be added to their base pay the first full payroll period following their five year anniversary date. ii. Supervisors, after having completed ten (10) years of continuous services with the City, will receive an increase in their base pay of five percent (5%). The five percent (5%) increase will be added to their base pay the first full payroll period following their ten year anniversary date. C. Said adjustment(s) will be based on the supervisor's original fill-61H 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. U. I.Oi1gcvity is a hcilelll aild takes 0kci when all eiiiplovec hec:oincs IUII flip(;. hall -lure Or win1wrary status clod 110t COUIlt towards I.011-wN.ity. 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. 41 ARTICLE 28 TERM OF AGREEMENT This Agreement shall become effective upon the date of ratification by the parties and shall remain in full force and effect until 12:00 midnight on September 30, 202-58. In witness whereof, the parties hereto have entered into this Agreement on this day of , 202-5*8. INTERNATIONAL UNION OF POLICE ASSOCIATIONS. AFL-CIO, LOCAL 605 CITY OF SEBASTIAN, FLORIDA David Greene 1UPA Representative 43 Brian Benton, City Manager Kemeth Brian Stew CFO Signature of Grievant Signature of Union Representative Date Submitted for Grievant