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HomeMy WebLinkAboutR-90-06 RESOLUTION NO. R-90-06 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE AGREEMENT FOR POLICE OFFICERS, INVESTIGATORS AND SERGEANTS FOR THE PERIOD FROM OCTOBER 1, 1989 THROUGH AND INCLUDING SEPTEMBER 30, 1992; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida State Lodge, Fraternal Order of Police is certified by the Florida Public Employees Relations Commission as the bargaining unit for Police Officers, Investigators, and Sergeants; and WHEREAS, the City and the Florida State Lodge, Fraternal Order of Police have negotiated a new three year agreement commencing on October 1, 1989 and ending September 30, 1992; and WHEREAS, the City and the Florida State Lodge, Fraternal Order of Police have reached agreement on said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. The document entitled "City of Sebastian - Florida State Lodge, Fraternal Order of Police Contract, which document is attached hereto and made a part hereof as Exhibit "A" is hereby adopted as the employment agreement between the City of Sebastian and the Florida State Lodge, Fraternal Order of Police for those those police officers, investigators and sergeants employed by the City, for the period commencing on October 1, 1989 and ending on September 30, 1992. SECTION 2. This Resolution shall take effect immediately upon its adoption. The fore~olnG Reso Councilman ~)._~_ _.~_L.- Councilman vote was as follOw-s: / lution was moved for adoption by . The motion was seconded by and, upon being put to a vote, the Mayor Richard B. Votapka Vice Mayor Robert McCarthy Councilman Frank Oberbeck Councilman Lloyd Rondeau Councilman Robert L. McCollum The Mayor thereupon declared this Resolution duly passed and / By: ATTEST: 'Sally'A/.I' Maio, /-Deput-y City 'Cl-~rk CITY OF SEBASTIAN, FLORIDA Richard B. Votapka, Mayor Approved a~to Form and Content: Charles Ian Nash, City Attorney 2 TABLE OF CONTENTS ARTICLE PAG~ I II III IV V VI VII VIII IX X Xi XiI XlII XIV XV XVI XVII XVIII XIX XX XXI XXII XXIII XXIV XXV XXVI XXVII XXVIII XXIX XXX XXXI PREAMBLE 1 RECOGNITION 2 EMPLOYEE RIGHTS 3 MANAGEMENT'S RIGHTS 4 FOP REPRESENTATION 7 NO STRIKE 8 BULLETIN BOARDS 10 DUE DEDUCTIONS 12 EMPLOYEE-MANAGEMENT COMMITTEE 13 PERSONNEL RECORDS 14 VOTING/POLITiCAL ACTIVITY 16 SENIORITY 17 PROBATIONARY PERSONNEL 20 TEMPORARY ASSIGNMENT/HIGHER CLASS 21 LEGAL BENEFITS 22 TRAINING 23 EDUCATION 25 HOURS OF WORK AND OVERTIME 27 HOLIDAYS 30 ANNUAL LEAVE 32 SICK LEAVE 35 MISCELLANEOUS PAID LEAVE 38 LEAVE OF ABSENCE 44 GROUP INSURANCE 45 INTERNAL INVESTIGATIONS 46 EQUIPMENT AND VEHICLES 53 PROMOTIONS 55 GRIEVANCE AND ARBITRATION PROCEDURE 60 WAGES 65 SUBSTANCE ABUSE TESTING 69 TERM OF THE AGREEMENT 74 ARTICLE I PREAMBLE This Agreement is entered into between the City of Sebastian, Florida, hereinafter referred to as the "City" or the"Employer", and the Florida State Lodge, Fraternal Order of Police, hereinafter referred to as the "FOP." 1 ARTICLE II RECOGNITION The City hereby recognizes the FOP as the exclusive bargaining agent for all matters affecting wages, hours, and other terms and conditions of employment for those employees in the bargaining unit certified by the Public Employees Relations Commission, Certification No. 857. 2 ARTICLE III EMPLOYEE RIGHTS (A) The parties recognize the existence of the FOP as viable employee organization which also has its goal to serve the citizens of Sebastian, Florida. (B) The parties recognize that the FOP is a leGall¥ recognized employee organization and that the organization is entitled to certain rights as guaranteed under general, special and organic law and as expressly and impliedly contained in this AGreement. (C) The Police Officer's Bill of Rights, Florida Statute 112.532, is incorporated herein in its entirety as a part of this Should the Statute be amended durinG the term of this such amendment shall automatically be incorporated Agreement. AGreement, herein. Complete regard for rights, responsibilities and prerogatives of both parties shall be recognized in light of the various forms of authority giving rise to said rights including those rights contained herein. (E) Neither the City nor the FOP. shall discriminate against any employee because of race, creed, color, national origin, age, sex, handicap unrelated to qualifications or because of participation or non-participation in FOP activity. The City and the FOP further agree to avoid sexual harassment in the workplace and to abide by the principle of equal pay for equal work performed by men and women. Whenever in this Agreement the masculine gender is used it shall be deemed to include the feminine as well. 3 ARTICLE IV MANAGEMENT'S RIGHTS Section 1. The FOP recognizes that, except to the extent that the Employer has agreed otherwise by the express terms of this Agreement, the employer retains all the rights and the authority it has previously exercised in the delivery of public services to the citizens of Sebastian and in the organization and direction of the public employees who provide such services. Nothing in this Agreement shall be deemed to constitute an undertaking by the Employer to guarantee the continuation of any job, operation, or portion thereof, currently performed by unit employees. Nothing in this Agreement shall be deemed a guarantee of employment to any unit employee. Section 2. Except as expressly relinquished by the terms of this Agreement, the Employer retains the exclusive right and authority to: (1) Make and change reasonable rules and regulations; (2) Determine the basis for selection, retention and promotion of employees to or for positions within the bargaining unit; (3) Determine the qualifications for employees and the contents of 3ob classifications; (4) Determine the work assignments of employees; (5) Change or eliminate existing work procedures and equipment utilization; 4 (6) Transfer, subcontract, or eliminate work, including work performed by bargaining unit members; (7) Schedule and reschedule working hours,starting and quitting times for employees in the bargaining unit. (8) Determine procedures which will be observed in exercising any authority under this article; (9) Make and enforce standards relative to the quality and quantity of work to be performed; and, (10) Make appropriate arrangements for unit employees adversely affected by the exercise of any authority reserved to the Employer under this Article. This includes reasonable assistance to aid laid-off or terminated employees (non- disciplinary) in finding other employment; offering to re-hire terminated employees in another Job classification should circumstances warrant, etc., and to assist otherwise in lessening the impact on the employees. (11) Relieve employees from duty because of lack of work because continued work would be unproductive, or because, in the Employer's good business Judgment, curtailment or discontinuance of work is advisable. Section 3. The FOP agrees, in recognition of management's rights, not to request the Employer to bargain with respect to the foregoing Article during the life of this Agreement. However, should decisions on the above matters have the practical consequence of violating the terms and conditions contained in this Agreement, the exercise of such management rights shall not preclude employees or the FOP from raising grievances. 5 Section 4. The Employer will maintain Job descriptions for Job classifications covered by this AGreement and will notify the FOP of any intent to change such job classification. ARTICLE V FOP REPRESENTATION Section 1. The Employer agrees to recognize elected officers and stewards of the FOP. The Employer agrees that during the terms of this Agreement it will deal only with such authorized representatives in matters requiring official action by the parties in accordance with this Agreement. The FOP agrees to supply the Employer with a list of authorized representatives and to give the Employer prompt written notification of any changes to the list. The FOP further agrees that the Employer is under no obligation to deal with any person not officially included on the FOP's list of authorized representatives. Section 2. The FOP agrees that stewards shall not be permitted to leave their assigned duty stations during working hours without authorization of the Department Head. The FOP agrees to conduct FOP business outside of normal working hours in order not to disrupt the work of unit employees. This shall not preclude the grievance procedure being conducted during normal working hours. 7 ARTICLE Vi NO STRIKE Section 1. For purposes of this Article, "Strike" means the concerted failure of employees to report for duty~the concerted absence of employees from their positions;the concerted stoppage of work by employees; the concerted submission of resignations of employees; the concerted abstinence, in whole or in part, by any group of employees from the full and faithful performance of their duties of employment with the 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 Employer; the concerted failure of employees to report for work after the expiration of a collective bargaining agreement. Section 2. The FOP recognizes that strikes by public employees are prohibited by Article I, Section 6 of the Florida Constitution and Section 447.505, Florida Statutes. The FOP agrees not to authorize, instigate, or otherwise support a strike, as defined in Section 1, above, and to take all affirmative actions legally available to prevent or terminate any strike which occurs in contravention of this commitment. Section 3. The FOP recognizes that it and all acting in concert with it shall be liable to the penalties set forth in Section 447.507, Florida Statutes, in the event of a strike in violation of this Article. 8 Section 4. For the purpose of this Agreement, informational pickets shall be allowed, informational pickets shall not stop or discourage City Employees from normal business. Informational pickets shall not encourage %he honking of horns. 9 ARTICLE VII BULLETIN BOARDS Section 1. The City agrees to allow the FOP the use of a bulletin board of reasonable size for the posting of notices of its official business pertaining to its members and to unit employees. No scurrilous, defamatory, or otherwise objectionable material will be posted. Any material which, in the discretion of the City, contravenes this provision shall be ordered removed by the City. Any material so removed, or a copy thereof, shall be given to the FOP by placing in the FOP respresentative's inter office mail box. Section 2. The bulletin board shall be used for the posting of the following: (1) Notices of FOP recreational and social affairs. (2) Notices of FOP elections and the results of such elections. (3) Notices of FOP appointments or other officiel union business. (4) Notices of FOP meetings. All notices shall be signed by a duly authorized FOP representative. Any other notices, including any notices containing information other than purpose, date, time and place , may be posted on the designated FOP bulletin board only with the approval of the City. Section 3. posting of All costs incidental to the preparation and FOP material will be borne by the FOP. 10 The FOP is responsible for posting and removing approved materials on the designated bulletin board and for maintaining such bulletin board in an orderly condition. 1! ARTICLE VIii DUES DEDUCTIONS Any member of the bargaining unit may have his membership dues deducted from his wages. Dues shall be deducted bi-weekly and shall thereafter be transmitted monthly to the FOP, accompanied by a list of those employees' names whose dues are included. 12 ARTICLE IX EMPLOYEE - MANAGEMENT COMMITTEE There shall be an Employee-Management Committee consisting of the following FOP and City representatives: A. Two (2) representatives of the FOP, one of whom shall be a designated representative, and B. The Chief of Police and the City Manager, or his designee. The Employee-Management Committee shall meet quarterly on dates mutually agreed upon by the participants. The function of this committee shall be to discuss general matters pertaining to employee relations and departmental operations. 13 ARTICLE X PERSONNEL RECORDS A. Each employee covered by this Agreement, Shall have the right to inspect his official personnel file, provided however, that such inspection shall take place during working hours at the location where the official personnel file is kept. There shall be only one personnel file maintained by the City which shall be considered the official personnel file for purposes of personnel actions. B. Employees shall have the right to file a written response to any letter of reprimand or other document which is placed in the employee's official personnel file as a result of supervisory action or citizen complaint. Any such written response shall be included in the employee's official 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 individual police officers, the City agrees not to directly or indirectly furnish the news media or the public with an employee's home address, telephone number, photograph', and /or personnel records without the employee's consent. C. The FOP agrees not to directly or indirectly furnish the news media or the public with personnel records without the consent of the City and the employee, thus mutually agreeing to the confidentiality of personnel records other than required by law. 14 D. Oral reprimands shall be removed from an employee' s official personnel file one year after the reprimand is memorialized. E. Written reprimands shall not be used when considering subsequent discipline where an officer has had no disciplinary action against him for a period of two (2) or more years from this issuance of the reprimand. 15 ARTICLE XI VOTING/POLITiCAL ACTIVITY A. During a primary, general, or special"election, an employee who is a registered voter and whose hours of work do not allow sufficient time for voting shall be allowed necessary time off with pay for this purpose. Where the polls are open two hours before and two hours after the employee's regular scheduled work period, it shall be considered sufficient time for voting. B. Employees will be allowed to engage in the full range of political activities guaranteed to all citizens while off duty and not in uniform. 16 ARTICLE XII SENIORITY A. The City agrees that seniority shall consist of continuous accumulated paid service with the City. B. Seniority shall be computed from the date of hire and shall accumulate durinG leaves of absence due to injury, illness, vacation, or any other leave authorized and approved by the City. C. Vacation periods for each calendar year shall be drawn by employees on the basis of seniority. When an employee has selected dates for vacation the dates can' be changed only by an employee with greater seniority and the request to change by the senior employee is made at least 90 days prior to the first day of the previously scheduled vacation. D. In the event of a layoff for any reason, employees shall lay off in inverse order of their seniority in their classification. An employee to be laid off who has advanced to his present classification from a lower classification in which he held a permanent position shall be given a positi.on in the lower classification within the department. His seniority in the lower classification shall be established according to the date of his permanent appointment to that classification. Employees shall be called back from layoff according to the seniority in the classification from which the employee was laid off. 17 No new employee shall be hired in any classification until all employees on lay-off status in that classification have had an opportunity to return to work. E. Employees shall be notified of their recall to work by registered letter mailed to their address of record and shall be given twenty (20) calendar days to return to work. A recalled employee shall notify the employer in writing within ten (10) calendar days of receipt of the recall letter of the employee's intent to return to work. F. An employee laid off pursuant to this Article shall be given the opportunity to continue insurance coverage in existing programs during the lay-off provided that premiums for such insurance programs if available under the Insurance Policy,shall be paid by the employee on a monthly basis in advance of the month due. G. Recall will be at the current rate of pay for the classification but not lower than when the employee was laid off. Upon recall all credit for salary fringe benefits and. seniority shall be restored as of the date of layoff. H. In the event of a vacancy in any department or division, and promotional vacancy, seniority will be given reasonable consideration but will not be the determining factor. 18 I. Seniority will be given reasonable consideration in %he selection of any employee to be sent to any type of schooling but shall not be the determining factor. 19 ARTICLE XIII PROBATIONARY PERSONNEL A. All new employees in the department shall serve a probationary period of one (1) year, which shall not be extended, during which they shall not be entitled to any seniority or tenure rights but during such period shall be subject to all terms and conditions of this Agreement. Upon completion of said one (1) year probationary period, employees shall be known as permanent employees and seniority rights and tenure shall accrue from the commencement of the probationary period and shall be considered a part of such employees seniority rights. B. A probationary employee shal 1 have al 1 the rights to the grievance procedure except where the said employee is terminated for failure to satisfactorily complete his probation as determined by the Department Head and the City Manager. 2O ARTICLE XiV TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION The City Manager or his designee may, in writing, assign a bargaining unit member to a higher Job classification for a temporary period. The affected bargaining unit member shall be entitled to receive the increased salary of the higher Job classification for each day worked in that higher classification. The bargaining unit employee shall receive the entry level rate of pay for the higher Job classification or an amount equal to 1.05 times (105%) of his regular rate of pay, whichever is greater. 21 ARTICLE XV LEGAL BENEFITS To the extent covered by insurance: (1) The City will defend employees against any legal actions taken against them as a result of their actions while acting in the scope of their employment, unless such employees acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property (i.e. in the line of duty) and will initiate any proper and appropriate countersuits; and, (2) The City agrees to indemnify all employees against Judgments levied against them as a r~sult of their actions while acting in the scope of their employment. B. The City has no obligation to the employee to continue any such insurance. Any non-renewal shall be negotiated with the FOP before any decision is finalized. 22 ARTICLE XVI TRAINING A. The City agrees to make a good faith effort to promote on-the-job training for the purpose of improving the performance of employees, aiding employees to equip themselves for advancement to higher positions and greater responsibilities, and improving the quality of service rendered to the public. B. Where the City requires any employee to attend supervisory training and/or training in specialized techniques, the City will make every reasonable effort to facilitate the employee attending such training during his normal working hours. In the event the City is unable to schedule the employee to attend such training during his normal working hours, the employee shall be required to attend such training during his off-duty hours; provided, however, that the time spent by the employee in such training during his off-duty hours shall be compensated in accordance with the Hours of Work and Compensation Article of this Agreement. C. All sworn officers will be required to train and qualify with their service weapon on a semi-annual basis. The training will be conducted by a certified firearms instructor. Ail ammunition and safety equipment will be furnished by the City. 23 Any employee required to attend such training during his off-duty hours will be compensated in accordance with the Hours of Work and Overtime Article of this Agreement. An employee will be required to post a score of at least eighty percent (80%) to qualify. D. The City may provide the employees with library with current publications pertaining to Florida Law Enforcement, including current Florida Statute books. 24 ARTICLE XVIi EDUCATION EMPLOYEES' SELF IMPROVEMENT AND EDUCATIONAL PROGRAMS 1. The City is desirous of helping its employees in their Jobs by paying for Job-related courses up to the limits of the funds available, including second-dollar funds under Chapter 943, Florida Statutes, for education during their off-duty hours with the approval of the Chief of Police. This includes courses directly related to the employee's assignment which will improve his skills, knowledge and ability to perform his duties and increase his potential for promotion through learning more advanced techniques. B. ELIGIBILITY FOR PARTICIPATION IN EDUCATIONAL PROGRAMS All regular full-time employees are eligible for participation in the City educational program up to the limit of the funds available for education. Employees with less than one (1) year of service shall be permitted to participate with the understanding that reimbursement shall not be made until such time as the employee has completed his probationary period. C. APPLICATION PROCEDURE 1. An employee desiring to participate in the City educational program should submit an application 15 days in advance to the Chief requesting approval for program participation. 25 2. If approved, the educational expenses, tuition, books and lab fees will be provided to the employee prior to the beginning of the course. D. COMPLETION OF COURSE Upon the successful completion of the course, the employee's personal record will be documented with his educational achievement. E. TRANSPORTATION Transportation for Job related educational courses will be provided for by the employees, except as specified below in Section (F). F. CITY MANDATED EDUCATION COURSES If the City requires an employee to attend an educational course, seminar or conference, the City shall pay tuition, fees, transportation, meals and lodging. 26 ARTICLE XVIII HOURS OF WORK AND OVERTIME The following provision shall govern hours of work and overtime. A. Twenty-eight (28) days shall constitute 'a normal work period for an employee covered by this Agreement. Nothing herein shall guarantee an employee payment for one hundred sixty (160) hours in any work period unless the employee actually works one hundred sixty (160) hours in a work period. For the purpose of this Agreement, approved leave shall mean any leave compensated by the City. The current work schedule plan will remain in effect for the duration of this Agreement. B. Hours worked in excess of one hundred sixty (160) hours in a twenty-eight day work period shall be compensated at the rate of time and one-half of the employee's regular straight time rate. C. For the purposes of overtime computation, time spent by an employee on personal leave, annual leave, sick leave, funeral leave, Jury leave, military leave, or any other approved leave with pay shall be considered time worked. Each hour of paid holiday shall be counted as an hour worked for the purpose of computing overtime hours for the pay period in which the paid holiday falls. 27 D. If an employee has accrued overtime and desires to take compensatory time off rather than be paid for the overtime, the employee shall, prior to the end of the twenty-eight day (28) work cycle in which the overtime was earned, advis6 the Chief of his desire to take compensatory time in lieu of pay. The Chief shall attempt to accommodate the desires of the employee as to the time off desired, work schedules and conditions permitting. If no compensatory time is requested, or is requested but cannot be accommodated, or is authorized by the department head but is not actually taken off by the employee within the two twenty eight (28) day work cycles immediately following the work cycle in which the overtime was earned, then the overtime hours shall be paid at the overtime rate. E. Call Out - If an employee covered by this Agreement is called out to work at a time outside his normal working hours, he shall receive a minimum of two (2) hours pay. Travel time shall be time worked. F. Court Time - If an employee is required to appear at a deposition or court proceeding which is related to his. employment and such appearance occurs at a time outside his normal hours, he shall receive a minimum of two (2) hours pay. Mowever,. if the employee's normally scheduled working hours commence prior to the expiration of the two (2) hours minimum period, the employee is entitled to be paid for Court Time for only that portion of the minimum two (2) hour period which occurs prior to the normally scheduled work. 28 G. Outside employment shall be controlled by the City's Standard Operating Procedures. No City uniform shall be worn or City equipment used. 29 ARTICLE XiX HOLIDAYS Section 1. The following shall be paid holidays for regular full-time employees: NEW YEARS DAY PRESIDENT'S DAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY VETERANS DAY THANKSGIVING DAY FRIDAY AFTER THANKSGIVING DAY CHRISTMAS EVE CHRISTMAS DAY Section 2. Generally, due to the scheduling requirements of police officers and sergeants, holidays will be observed on the actual day of the holiday. However, there may be times when the observance of a holiday would be more appropriate for certain work schedules or work assignments if a holiday is observed on a preceding Friday or a following Monday if the holiday falls on a Saturday or Sunday. Therefore, each holiday will be observed on the actual day of the holiday unless otherwise designated by the City Manager or his designee. 30 Section 3. No regular full-time employees shall receive pay for a holiday unless he is in active pay status or ~ctually works his normal schedule on the day immediately preceding and following the day on which the holiday is observed. For purposes of this Article, "active pay status" means approved sick or annual leave, military leave, Jury duty or other approved leave with pay. Section 4. Regular full-time employees who are scheduled and required to work on a day observed as a holiday and who work on that day shall receive double time and one-half of the employee's regular hourly wage for each hour worked during the holiday. 31 ARTICLE XX ANNUAL LEAVE Section 1. ELIGIBILITY Only regular full-time employees are eligible for paid annual leave. Section 2. RATE OF ACCRUAL (a) Annual leave is earned on a pro rata monthly basis at the following annual rates: CONTINUOUS UNBROKEN MONTHLY ACCRUAL EMPLOYMENT RATE FULL TIME ANNUAL LEAVE 1 Yr. but less than 5 yrs. 5 Yrs. but less that 10 yrs. 10 Yrs. and over .83 Days 1.25 Days 1.67 Days 10 Working Days (80 Hrs.) 15 Working Days (120 Hrs.) 20 Working Days (160 Hrs.) (b) No annual leave may be taken during the first six months of employment. (c) Annual leave accrual rate changes take effect on an employee's anniversary date. Section 3. REQUEST FOR ANNUAL LEAVE (a) A request for annual leave shall be submitted in writing to the employee's Department Head. (b) A request for leave shall not be granted if the employee has no accrued balance of annual leave. Annual leave shall not be used in advance of its being earned. 32 (c) The minimum charge against the accrued annual leave balance is one hour. One hour shall be deducted from an employee's accrued leave balance for each hour of pay thereof that an employee is actually absent from his duty station. (d) No annual leave may be taken in advance of its approval by the Department Head. Section 4. (a) USE OF ANNUAL LEAVE Annual leave may be used for the following reasons: (1) Vacation (2) Absences from duty for transaction of personal business which cannot be conducted outside of working hours. (3) Religious holidays not designated as official holidays. (4) Medical leave if sick leave balance has been exhausted. (5) Any other absences not covered by existing leave provisions, in the discretion of the City. (b) An employee who becomes sick while on annual leave may substitute accrued sick leave for annual leave for the period of illness. Upon the request of his Department Head, the employee shall supply appropriate certification from a physician as to the nature and duration of the illness. 33 (c) Annual leave may be accrued up to a maximum of twice the employee's annual vacation entitlement. Section 5. SEPARATION FROM EMPLOYMENT Upon retirement, resignation, or other separation from the service of the City, a regular full-time employee shall be entitled to be paid for his accrued balance of annual leave at the rate or pay received by the employee on the date of separation. 34 Section 1. ARTICLE XXI SICK LEAVE ELIGIBILITY Only regular full-time employees are eligible for sick leave with pay. Section 2. ACCRUAL OF SICK LEAVE (a) Regular full-time employees accrue sick leave at the rate of one full working day (8 hours) of sick leave with pay for each full calendar month of employment to a maximum of 12 days per year. (b) Sick leave does not accrue while an employee is on leave of absence, leave without pay, or sick leave, unless the sick leave is the result of injury in the line of duty. (c) In the event an employee's sick leave and annual leave is exhausted, sick leave may be taken prior to accrual upon approval of the City Manager or his designee up to a maximum of ten (10) days. If an employee resigns or is otherwise terminated and has taken sick leave prior to accrual, he/she shall, reimburse the City for all such sick leave taken by deduction from his/her final pay check. 35 Section 3. REQUEST FOR SICK LEAVE (a) An employee who is incapaoitated and unable to work shall notify his employer prior to the employee's scheduled reporting time. The employee shall state the nature of his incapacitation, its expected duration, and the expected period of absence. The employee shall repeat this procedure on each day he is unable to report to work, unless excused by his Department Head. (b) Upon the employee's return to work, appropriate written documentation of the employee's sick leave will be submitted by the employee to the City Manager or his designee when the employee is out of work for three (3) or more consecutive days. Section 4. USE OF SICK LEAVE (a) Sick leave may be used for the following reasons: (1) Employee ill health or maternity; (2) Medical, dental, or optical treatment required during working hours,' (3) (4) (5) (6) Quarantine due to exposure to infectious disease; Employee ill health while on annual leave; In connection with Worker's Compensation; For death in employee's immediate family to extend bereavement leave~ 36 (?) Illness of an immediate family member requiring the employee to remain at home with ill family member. (b) Whenever it appears that an employee abuses sick leave, such as when an employee consistently uses sick leave immediately upon its being accrued or before or after holidays or weekends, the employee shall be required to furnish competent proof of the necessity for the claimed absence due to illness. The City reserves the right to require a physician's certification in all cases of reported illness. Abuse of sick leave shall constitute grounds for disciplinary action. (c) Sick leave may not be used for absences due to illness or injury sustained while engaged in outside employment. (d) Every employee entitled to sick leave benefits and who does not take any sick leave during such yearly period, shall be given one day's pay, which payment made in the first pay period in December, and, in addition, shall be given his birthday off with pay, subject to the work schedule. If work requirements do not reasonably permit the employee to take off from work on his birthday or if the birthday falls on a holiday or day off, some other mutually agreeable day near the employee's birthday may be taken off with pay. The day's pay shall consist of eight (8) hours for full-time employees. 37 ARTICLE XXII MISCELLANEOUS PAID LEAVE Section 1. FUNERAL LEAVE (a) With the approval of the Department Head, paid funeral leave not to exceed three consecutive working days may be granted to a regular full-time employee in the event of a death in the employee's immediate family. For purposes of this provision, an "employee's immediate family" is defined as the employee's spouse, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law, grandchildren, or any relative who is domiciled in the employee's household. Funeral leave shall not be charged to annual sick leave or to compensatory time. Any absence in excess of three days in connection with approved funeral leave will be charged to accrued sick leave or, to accrued annual leave, at the employee's option. Section 2. COURT LEAVE (a) Employees attending court as a witness on behalf of a public Jurisdiction or for Jury duty during their normal working hours shall receive leave with pay for the hours they attend court. (b) Ail regular employees subpoenaed to attend court are eligible for leave with pay. Those employees who b~come plaintiffs or defendants are not eligible for leave with pay, unless the court appearance is a direct result of their employment. 38 (c) Employees who attend court for only a portion of a regularly scheduled work day shall report to their supervisor when excused or released by the court. (d) Employees required to attend court while on scheduled vacation may be allowed to take court leave instead of vacation leave for such period, provided that the court appearance meets the requirement of this section. (e) Witness fees will be turned in to the Finance Director. Section 3. DISABILITY LEAVE A. Any regular full-time employee who sustains a temporary disability as a result of and arising out of employment by the City as provided by the Workers' Compensation Law of the State of Florida, shall, in addition to the benefits payable under the Workers' Compensation Law be entitled to the following: (1) During the first eighty (80) working days of such disability, the employee shall receive net supplemental pay based upon his/her net take home pay reduced by the Workers' Compensation indemnity payment. (2) Thereafter, the employee may utilize any accrued sick or annual leave in order to receive supplemental pay based upon his/her net take home pay reduced by the Workers' Compensation indemnity payment until such annual or sick leave is exhausted. 39 (3) Thereafter, the City may, at its discretion, grant an unpaid leave of absence to the employee for a period not %0 exceed one year. B. If an employee, due to an on-the-Job injury, is temporarily or partially disabled from performing %he duties of his/her classification, but is determined to be able %0 perform "light duty" by a physician designated by the City, the employee may be required to perform such duty or lose the employment connected disability leave supplemental benefits. Assignment to "light duty" shall be considered a temporary assignment, without reduction in pay. Such reassignment shall be to other duties commensurate with medical and mental fitness, availability of suitable work, and the employee's qualifications for the position. An employee shall not be permitted to continue in a "light duty" position after reaching his maximum medical improvement. C. If an employee brings litigation or administrative action under the Workers' Compensation Law while receiving Workers' Compensation, supplemented by the benefits provided in Paragraph A, entitlement to such supplemental benefits shall immediately cease. 40 D. Any employee who suffers an employment connected injury may be required by the City to be examined every twenty (20) working days by a medical doctor, specified and provided by the City, who shall determine the employee's condition and fitness for full or partial return to duty. In the event that an employee disputes the recommendations of the medical doctor provided by the City, such employee shall forfeit his right to supplemental benefits as described in Paragraph A. E. No employee will be entitled to employment connected disability leave with the benefits described herein if the injury suffered has been determined to have been the result of intentional self-infliction or where the disability or illness continues as a result of the employee's failure to cooperate with medical advice or corrective therapy. F. While receiving employment connected disability benefits, an employee shall be entitled to all benefits which he would normally receive pursuant to his employment with the City. 41 Section 4. MILITARY LEAVE A. Regular full-time employees who are commissioned reserve officers or reserve enlisted personnel in the United States Military or Naval Services or members of the Florida National Guard shall be entitled to leaves of absence for their respective duties without loss of pay, vacation leave, efficiency rating or time for such time as they shall be ordered to military service or training in an active duty or inactive duty for training status for a period not to exceed seventeen (17) consecutive days in any one annual period. B. The employee shall be required to submit an order or statement from the appropriate military commander as evidence of any such duty. Such order or statement must accompany the formal request for military leave at least two weeks in advance. C. Regular full-time employees who are members of the Armed Forces Reserve or Florida National Guard shall be excused form work without pay to attend active or inactive duty training drills as required in excess of seventeen (17) working days in any one annual period. Evidence of membership in the applicable organization shall be provided to the department by the employee. requests for such absences from work can be made by the employee either orally or in writing. The submission of the applicable Reserve or National Guard training schedule will satisfy this requirement. 42 Except upon declaration of civil emergency conditions, if there is a conflict between departmental schedule and"the required military training, the department will make every effort to excuse the employee from work. Section 5. PERSONAL LEAVE A. Each regular full-time employee shall be entitled to four (4) days of personal leave per year to be taken from that employee's accrued sick leave, at the employee's option, with the approval of the Chief of Police. No personal leave shall be taken to extend any vacation or holiday. B. If an employee takes one or more days of personal leave, such leave shall constitute a day of "sick leave" within the meaning of Paragraph (d) on page 37 of this Agreement (use sick leave) and, as such, shall forfeit the extra day's pay and the Birthday holiday provided therein. 43 ARTICLE XXIII LEAVE OF ABSENCE A. The Department Head may grant any employee a leave of absence without pay. Failure of any employee to return to duty upon expiration of his leave of absence shall constitute the resignation of that employee. Holidays, sick leave, annual leave, and any other benefits based on time spent in the employ of the City shall not accrue during a leave of absence, provided however, that the employee may maintain his health insurance program by paying the total cost of his group insurance premium. Longevity increases, merit increases, and any other increases for which the employee may become eligible based, in whole or in part, on length of service with the City shall not be credited during any period of leave of absence in excess of thirty (30) days in one calendar year. B. An employee shall return from leave of absence to the same step of his salary grade as at the time of commencement of the leave of absence. 44 ARTICLE XXIV GROUP INSURANCE Section 1. During the term of this Agreement, the Employer agrees to pay the premium in effect on October 1, 1989 to provide continued group insurance coverage to regular full time employees and their eligible dependents. It is expressly understood by all parties that the Employer shall not be obligated to pay for any additional group insurance premiums which the present carrier may demand on or after October 1, 1990 for continuation of employee or dependent coverage. Section 2. In the event that the present carrier increases the premium rate for the group insurance coverage in effect on October 1, 1990, the Employer agrees to notify the Union as soon as is practicable. The Union agrees that the Employer may, at its discretion, or or after october 1, 1990, obtain substitute insurance coverage from another carrier which is available at the existing premium costs; or require each covered employee to contribute his/her pro rata share of the increased premium cost for the employee and/or dependent. coverage, whichever may be applicable. In the event that the present carrier increases the premium rate for the group insurance coverage in effect between October 1, 1989 and September 30, 1990, the parties agree that the Employer shall pay all such costs. 45 ARTICLE XXV INTERNAL INVESTIGATIONS AND OBLIGATIONS TO THE PUBLIC A. The parties recognize that the security of the City and its Citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves the employees in all manner of contacts and relationships with the public and out of such contacts and relationships, questions may arise or complaints may be concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of, departmental supervisory officials whose primary concern must be the security of the City and preservation of the public interest. B. In order to maintain the security of the City and protect the interests of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations. of citizen complaints and matters of internal security; provided, however, that any investigstive interrogation of any' employee covered by this Agreement relative to a citizen's complaint and/or a matter of internal security shall be conducted under the following conditions: 46 (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. (2) The employee under investigation shall be informed of the nature of the investigation prior to any interrogation. (3) The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the employee under interrogation shall be asked by and through one (1) interrogator at any one (1) time. (4) Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are reasonably necessary. All interrogations shall be held at the headquarters of the Sebastian Police Department or the Sebastian City Hall. (5) At the request of the 'employee under investigation, he shall have the right to be represented by counsel or of any other representative of his choice, who shall be present at all times during such interrogation. 47 (6) The formal interrogation of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statement. (7) If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all his Miranda and Garrity v. N.J. rights prior to the commencement of the interrogation. (8) No employee shall be ordered or be able to volunteer to submit to any device designed to measure the truth of his responses during questioning. (9) During interrogations, the employee shall not be subjected to offensive language or threats of transfer, dismissal, or other disciplinary actions. The interrogator does not have the right to make a promise of reward as an inducement to answering questions. (10) During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations which are the subject of the investigation. 48 (11) In the interest of internal security and fairness to the employee under investigation, the' City and the employee, insofar as is legally permissible, agree to make no statements concerning the investigation until such time as the investigation has been completed. In the event any organization or person representing such employee makes public statements concerning the allegations under investigation, the City shall have the right to respond to any verified public statement in any manner it deems appropriate. (12) An employee under investigation may obtain a copy of any written statement he has executed. (13) In all cases wherein an employee is to be interrogated concerning an alleged violation of the Department's Rules and Regulations which, if proven, may result in his dismissal or in some other disciplinary measure, he shall be afforded a reasonable opportunity and facilities 'to contact and consult privately with an attorney of his choice and a representative of the FOP before being interrogated. The attorney and the FOP representative may be present during the interrogation. Where the attorney or the FOP representative, or both, are not immediately available and where conditions permit, the interrogation may be postponed for no more than twenty-four (24) hours, except by mutual agreement. 49 (14) When any police officer has been charged with any violation of Departmental Rules and Regulations, neither the City nor the employee will make any public statement concerning the alleged violation until after the investigation is completed. (15) Any employee may be ordered to submit to a blood test to determine the percentage of alcohol in his blood if the employee appears to be under the influence of alcohol. Such tests may be given if requested by the employee. (16) No employee will be compelled by the City to speak or testify or be questioned by any non-governmental agency. (17) In cases where the City chooses to relieve an employee from duty pending an investigation, the following conditions shall prevail. (a) The employee will remain on full salary and allowances shall not lose any benefits during this period of time. (b) Should disciplinary action result from the investigation, that period of time in which the empioyee was relieved from duty will be included in the disciplinary action. In the event that an employee has been paid, the employee's accumulated leave or compensatory time shall be charged as a set- off at the employee's option. 50 (18) During internal investigations or interrogations, questions shall be limited to the circumstances surrounding the officer's alleged violation of department rules. (19) The findings of the internal affairs investigation shall be labeled "Sustained" (guilty as charged) or "Not- Sustained" (not guilty). No other terminology may be used. (20) Only letters of complaints from citizens which have been sustained in whole or in part will be inserted in an officer's personnel record. (21) The charge of "conduct unbecoming an officer" will not be employed by the City. (22) The City shall not discipline any employee without Just cause and due process. The City may discharge any probationary employee without Just cause or due process. (23) Any employee involved in a shooting where injury and/or death occurs, the employee involved shall not be,compelled to make any oral or written statements. The employee shall be given the necessary time to consult with his attorney prior to making any oral or written statements. C. In any case where the City believes there is Just cause for loss of pay or more serious disciplinary action the employee and the FOP shall be notified in writing. 51 D. In the event an employee becomes the subject of a formal departmental or City investigation arising from a citizen's complaint or allegation, the department or the City, whichever is appropriate, shall individually notify the employee of the complaint. Upon the conclusion of the formal investigation, the employee will be notified of the disposition of the complaint. E. The City agrees that no adverse action will be taken against any employee based solely on his exercising any rights provided for in this Article. 52 ARTICLE XXVI EQUIPMENT AND VEHICLES A. The City will provide the following equipment at no cost to the employee: 1 hand-held radio to all Uniformed Officers; 4 pairs of trousers (additional as needed); 4 short- sleeved shirts (additional as needed); 1 long-sleeved dress shirt: 1 tie; 1 winter Jacket; 1 summer Jacket; 2 pairs of shoes or boots per year as needed; 1 sidearm and ammunition; 9. collar insignias, as needed; 1 large badge; 1 small badge; 1 recharGeable flashlight; 1 hat: 1 ballistic vest; and, all leather 9ear. Sidearms provided herein shall be provided as soon as economically possible but not later than September 30, 1991. B. Any employee who shall receive any breakage, loss or damage to any of the above listed equipment, in the line of duty, shall have such equipment replaced at no cost to the employee. Personal equipment which is lost, broken or damaged, in the line of duty, shall be replaced according to the following schedule: wrist watch, not to exceed replacement cost or $60, whichever is less; weapon at replacement cost; handcuffs at replacement cost; eyeglasses up to $200; and miscellaneous items not to exceed $100. As to all times listed in this paragraph (B), each employee shall submit a list of such items for filing with the Chief of Police. Items not so listed shall not be replaced at the cost of the City. When any such item is changed, it is the responsibility of the employee to amend his list on file with the Chief. 53 C. Each employee will receive ~35.00 per month for uniform cleaning. D. If any vehicle driver finds any fault in the vehicle which might constitute a safety hazard, the driver shall immediately advise his Shift Commander. If the Shift Commander agrees, the vehicle will not be returned to duty until the safety hazard (s) are eliminated. E. The City will arrange to have each vehicle thoroughly inspected by a qualified Officer on a monthly basis. F. Patrol vehicles will contain .the following equipment in working order: rotating emergency light; siren; loudspeaker; two-way radio; shot gun and shells; first aid kit; fire extinguisher; raincoat; reflectorized wind breaker; and, a prisoner cage guard in all vehicles which shall be used to transport prisoners. G. Ballistic vests will be worn in accordance with departmental policy. Ballistic vests shall be tailored to each individual officer. An officer may be excused from wearing a ballistic vest for medical reasons as determined by a physician selected by the City. 54 ARTICLE XXVII PROMOTIONS Promotion to Sergeant: A. Whenever a budgeted promotional vacancy exists in the rank of Sergeant, the City shall promote an empldyee to fill such vacancy within thirty (30) days, from an existing eligibility list, if such a list is in existence. Should there be no valid eligibility list at the time a budgeted promotional vacancy occurs, the City shall establish a new eligibility list within one hundred twenty (120) days. Upon certification of the new eligibility list, the budgeted promotional vacancy shall be filled. B. The promotional probationary period shall be six (6) months in duration and can be extended for one additional three (3) month period. The probationary period may be further extended if the probationary employee is incapacitated because of illness or injury. C. A promotional examination will be given annually. An eligibility list will be established to become effective upon the expiration of the previous eligibility list and shall remain in effect for one (1) year from the date it becomes effective or until all names on the list have been exhausted, whichever occurs first. 55 TESTING CRITERIA AND SCORES Promotions to the rank of Sergeant will be made from an eligibility list, the ranking of which will be determined by the following: WRITTEN EXAMINATION EXPERIENCE EDUCATION ORAL BOARD 50% 10% 10% 30% E. ORAL BOARD The Oral Board will consist of three (3) experienced law enforcement officers from other agencies selected by the Chief of Police. The Chief may also select one person from the Sebastian Police Department to serve as a resource person. The resource person to the Board shall have no input into the screening or grading of applicants. F. RANK - ELiGIBiLITY An officer will become eligible for the rank of Sergeant two (2) years from his date of employment by the City as a full-time police officer or after having served one (1) year as a police officer with the City of Sebastian and two (2). years of satisfactory service as a law enforcement officer with another law enforcement agency. G. CRITERIA FOR SELECTION After testing is completed, a list will be made up of the top three (3) scores. The Chief will then have the sole authority to choose one (1) of the three to fill the vacant position. 56 II. Promotion to Investigator: When a vacancy exists in the budgeted position of Investigator, the following selection criteria will be used. A. Police Officers desiring to be considered will notify the Chief of Police by memorandum outlining their experience, training, and motivation to serve as Investigator. B. An Officer will become eligible for the rank of Investigator one (1) year from his date of employment by the City as a full-time Police Officer or having served as a Police Officer two (2) years with any Police Department. Nothing in this agreement shall prevent the temporary assignment of a Police Officer as an investigator as otherwise provided in this agreement. Upon completion of a temporary assignment, the Police Officer shall return to his former rank. C. The Chief of Police will review each Officer's personnel file and reports on file within the Department. Such files will be reviewed for a determination of the following qualifying factors: 1. Administrative: a. Seniority b. Attendance and use of sick time. c. Evaluations and Field Training Officers reports, if applicable. d. Commendations and discipline files. e. Departmental awards and recognition. 57 Performance: a. Productivity. b. Clarity of thought. Review of reports: a. Thoroughness and accuracy. b. Clarity of thought. Education end Training: Forensic sciences. Fingerprint classification and comparison. Photography and Videography. D. Based on his review of the above criteria, the Chief of Police will refer up to five candidates to an oral board comprised of the following persons: 1. Commander of the Criminal Investigations Divisions or other designee of the Chief of Police. An Investigator, selected by lot. The City Manager or designee. E. At the conclusion of the interviews, the oral board will prepare a report with a rank ordering of all eligible candidates. The Chief will then have the sole authority to choose one (1) of the top three candidates to fill the vacant position. 58 F. The probationary period shall be six (6) months in duration and can be extended for one additional three (3) month period. The probationary period may be further extended if the probationary employee is incapacitated because of illness or injury. 59 ARTICLE XXVIII GRIEVANCE AND ARBITRATION PROCEDURE A. In a mutual effort to provide a harmOhious working relationship between the parties to this Agreement, it is agreed and understood that there will be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application or interpretation of this Agreement, and grievances involving discharge, suspension, demotion, or any other adverse personnel action against a member covered by this Agreement. B. Every effort shall be made by the parties to settle every grievance as expeditiously as possible. Any grievance not answered by Management within the prescribed time limits shall automatically advance to the next highest step. Should the grieving party fail to observe the time limits as set forth in the steps of this Article, his grievance shall be considered conclusively abandoned. C. Grievances shall be presented in the following manner: (1) Step 1. The employee shall first take up his grievance with his immediate supervisor within seven (7) working days of the occurrence of the event (s) which gave rise to the grievance or from the date on which the employee became knowledgeable of the choice of action. 6O If the event (s) which gave rise to the grievance occurred at a time when the employee was on annual leave, sick leave, or other compensated leave, the seven (7) working day period shall commence running immediately upon the employee's return from such compensated leave. The first step shall be on an informal and oral basis. Step 2. Any grievance which cannot be satisfactorily settled with the immediate supervisor shall be reduced to writing by the employee and shall next be taken up with the Department Head through a representative of the FOP and the employee. The grievance as specified in writing shall be discussed by and between the employee and FOP representative and the Department Head within seven (7) days after the completion of Step 1. The Department Head shall within five (5) working days after his discussion render his decision in writing, with a copy to the FOP. Step 3. Any grievance which cannot be satisfactorily settled at Step 2. shall be reduced to writing by the employee and shall next be taken up with the City Manager through a representative of the FOP and the employee. The grievance as specified in writing shall be discussed by and between the employee and FOP representative and the City Manager within seven (7) days after the completion of Step 2. The City Manager shall within five (5) working days after this discussion render his decision in writing, with a copy to the FOP. 61 D. ARBITRATION (1) In the event a grievance processed through the grievance procedure has not been resolved in Step 3, above, the FOP may request that the grievance be submitted to arbitration within fifteen (15) days after the City Manager renders a written decision on the grievance. The arbitrator may be an impartial person mutually agreed upon by and between the parties. If an impartial arbitrator cannot be mutually agreed upon within fifteen (15) days after the grievance is submitted arbitration, the parties shall 3ointly request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names from which each party shall have the option, within five (5) of its receipt, of striking three (3) names in alternating fashion, thus leaving one name which shall be named the impartial neutral arbitrator. The City and the FOP shall mutually attempt to agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator shall confine his decision to the particular grievance thus specified. In the event the parties Iai1 to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the written statement which both the grievant and the City presented in Steps 2 and 3. The arbitrator shall fashion an appropriate remedy for violations of the provisions contained in this Agreement. 62 2. 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 amendment thereto. The arbitration hearing shall be conducted in accordance with the rules of procedure promulgated by the Federal Mediation and Conciliation Service. 3. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The impartial arbitrator's fees, including costs of arbitration transcripts, if any, and the expense of obtaining a hearing room, if any, shall be paid by the losing party. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share such cost. 4. Copies of the arbitrator's decision shall be furnished to both parties within thirty (30) days after the close of the arbitration hearing. The arbitrator's decision shall be final and binding on the parties. 5. Where a grievance is general in nature, in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the FOP and the City, such grievance shall be presented by the FOP's representative, in writing, directly to the City Manager, Step 3, within seven (7) working days of the occurrence of the event (s). 63 6. All the above mentioned time frames may be extended in writing by mutual agreement. 64 ARTICLE XXIX WAGES 1. The City Step Pay Plan implemented by the City on October 1, 1988, shall be increased by an amount equal to $2,000.00 for each step. Additionally, the classification of Investigator is integrated into the Step Plan at a level of $1,000 higher than Police Officers. Individuals who are currently Investigators are to be placed in the Step Plan for Investigator at their September 30, 1989 salary plus 32,000. A copy of the revised plan, as increased, is attached hereto as Exhibit "A". 2. For the purpose of this Agreement, the term "anniversary date" shall mean the annual anniversary of an employee's entry into a particular Job title. In the event an employee moves from one job title to another Job title during the course of his employment with the City, such employee's anniversary date shall change to that date which is the anniversary of his commencement of duties in the new Job title. 3. A new police officer without any demonstrated education, training or experience in that job title,, shall be placed at Step One. This employee shall be eligible for movement to Step Two at the completion of six (6) months employment. This employee shall be eligible for movement to Step Three upon completion of his first year of continuous, unbroken employment with the City in his job classification; provided that such employee receives at least a satisfactory performance evaluation upon his anniversary date. 65 4. The City reserves the right, based upon a new employee's previous education, training, and experience, to exercise lateral entry and initially place such employee in any of the pay steps numbered five or less which are allocated for the job title of police officer. 5. in the event a Police Officer is promoted to the Job classification of Investigator or Sergeant, the promoted employee shall be entitled to the entry level for Investigator or Sergeant or movement to the concurrent pay step for Investigator or Sergeant, whichever is greater. In the event an Investigator is promoted to the Job classification of Sergeant, the promoted employee shall be entitled to the entry level for Sergeant or movement to the concurrent pay step for Sergeant, whichever is greater. 6. All permanent employees shall advance to the next higher pay step for their job title upon receipt of an annual evaluation which is at least satisfactory. In the event an employee's performance is below satisfactory, the City shall inform the employee, in writing, of his specific deficiencies and allow the employee a reasonable time, not to exceed ninety (90) days, to correct his performance. The City shall delay movement of the employee to the next pay step for his 3ob title until such deficiencies are corrected. 66 7. Ail Investigators shall receive a non- uniformed clothing allowance in an annual amount of $449.80, payable bi- weekly at the rate of 817.30. 67 EXhibiT "A" STEP PLAN - POLICE OFFICERS, INVESTIGATORS AND SERGEANTS ................ I ........ I ........ I ........ I .............. ~*1 ........ l ........ l ........ I ........ ! ........ I ........ l ........ I ........ l ........ l ........ I ........ I ........ I ......... i ......... ................ I ........ 1 ........ t ........ I ~E~GMaS I I I 20.300 ~ ~1,~00 68 ARTICLE XXX SUBSTANCE ABUSE TESTING A. Subject to these administrative procedures, an employee in the Bargaining Unit may be requested to submit to an approved chemical test for the existence of controlled substances. Unless other wise provided, the approved test will be based upon a urine sample. In the case of suspected alcohol abuse, a breathalyzer examination may be utilized. 1. Before an employee may be requested to take such a test, there must be a showing of "reasonable suspicion." "Reasonable suspicion" exists when facts and circumstances within a person's knowledge, and of which he had reasonably trustworthy information, are sufficient in themselves to Justify a man of average caution in the belief that an employee appeared to be under the influence of a controlled drug while on duty in the employ of the City. 2. The following procedure shall be utilized in determining whether "reasonable suspicion" is present: a. Two of the following three individuals must agree that there exists a "reasonable suspicion" that the employee appeared to be under the influence of drugs while on duty with the City: Chief of Police or his designee, the City Manager or his designee, or the City Attorney or his designee. 69 b. Two of these three individuals must personally observe the behavior of the suspected employee while the employee is on duty to corroborate the factual basis of finding of "reasonable suspicion." c. The two employees who actually observed the behavior of the suspected employee shall independently of each other fill out a separate, dated, confidential report describing the behavior of the employee that supports a "reasonable suspicion" that the employee may be under the influence of a drug or alcohol. d. Tho Areas of Observation form shall read as follows: Areas of Observation - Date: Time: Demeanor -- agitated - aggressive - passive - cooperative Speech -- slurred - loud - quiet - rambling - incoherent - normal -- Eyes -- bloodshot - dilated - closed - moist - normal Breath -- alcohol odor - marijuana odor - normal Coordinate -- fumbling - jerky - slow reacting - normal Actions -- talkative - threatening - calm - erratic - normal Skin -- sweaty - flushed - pale - clammy - normal Walking -- unsteady - staggering - slow - normal Standing -- swaying - rigid - feet wide apart - normal 70 Additional Comments -- A copy of the completed form shall be made immediately available, upon demand, to a representative of the bargaining unit. S. If e finding of "reasonable suspicion" is made by two of these individuals, the employee under suspicion shall be required to explain the reasons for the observed behavior. If the employee refuses to so respond, the employee can be requested to submit to a drug test based on the facts known to the the two individuals at the time the request is presented to the employee. If the employee explains the suspected behavior but two of the three individuals are not satisfied with the explanation, the employee may be requested to consent to drug testing. 4. If an employee is requested to submit to a drug test after the above procedures are met and the employee refuses to submit to such testing, the employee may be disciplined in accordance with the Standard Operating Procedures of the City. B. The initial drug test shall be the "EMIT" test, which shall be administered by a medically recognized laboratory chosen by the City. If the initial test is positive, a second test, the "gas chromatography/mass spectrometry (GC/MS) test shall be conducted by a licensed facility selected by the City. 71 1. If both the EMIT and GC/MS tests are positive, the City may take appropriate disciplinary action in accordance with this contract, the Standard Operating Procedures, and other applicable laws, if any. 2. If the EMIT or GC/MS test is not positive, the results of the chemical testing shall be deemed negative and no disciplinary action shall be taken. 3. Disciplinary action may include required rehabilitation and/or punitive actions up to and including discharge, depending upon the facts C. The procedure outlined above shall be strictly confidential. If any of the individuals involved should disclose to any person who does not have a clear "need to know" any such disclosed information, such individuals (s) may be subject to discipline. Strict confidentiality is of utmost importance. 1. Should the GC/MS test be positive and a resolution of the matter between the city and the employee cannot be worked out within a reasonable time, then the City may proceed to take disciplinary action against the employee. Under such circumstances, the confidential nature of the investigation shall be open to the extent necessary to institute disciplinary action. 72 2. Should either the EMIT or GC/MS test be negative, the entire procedure in the case shall remain confidential with the results of the chemical testing and documents pertaining thereto maintained in the employee's medical file and not the employee's personnel file. S. If, in any given case, there is found to be no basis for administrative action, all facts and circumstances pertaining there to shall remain confidential. The City shall,if necessary, request the Department of Archives for permission to have all written records destroyed. 73 ARTICLE XXXI TERM OF THE AGREEMENT This Agreement shall take effect on October 1, 1989 and remain in effect until September 30, 1992. During the second and third year of this Agreement, only wages and no more than three other Articles may be reopened at the request of each party. Notice of the Article (s) to be reopened in the second and third year and the specifics thereof shall be delivered to the other party no later than June 1, of the year in question. By mutual agreement of the parties changes to this Agreement made may be made at any time, 'but neither has any duty to agree to any such out-of-term reopeners. If any Article, clause, or portion of this Agreement be ultimately found to be invalid by the appropriate court of Jurisdiction, only such Article, clause or portion shall be invalidated while the rest of the Agreement shall remain in full force and effect. In witness whereof, the parties hereby enter into this Agreement, this day of , 19 FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE By: CITY OF SEBASTIAN, FLORIDA 74