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HomeMy WebLinkAboutR-90-49 RESOLUTION NO. R-90-49 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE FOR THE PERIOD FROM OCTOBER 1, 1990 THROUGH AND INCLUDING SEPTEMBER 30, 1991; PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 24, 1990, the City of Sebastian entered into a three year agreement with the Florida State Lodge, Fraternal Order of Police, for wages, benefits and other conditions affecting employment of all regular full or part-time employees with the City included in the Public Employees Relations Commission Certification #85?; and WHEREAS, the referenced agreement commenced on October 1, 1989 and runs through September 30, 1992; and WHEREAS, during the second year of the agreement, wages and not more than three other articles may be reopened at the option of each party; and WHEREAS, during the second year of the agreement, additional articles may be reopened at the mutual agreement of both parties; and WHEREAS, the City and the Florida State Lodge, Fraternal Order of Police have negotiated wages and other articles to be effective during the second year of the referenced agreement; and WHEREAS, the City and the Florida State Lodge, Fraternal Order of Police have reached tentative agreement on the amendments to 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 "Addendum to Collective Bargaining Agreement between City of Sebastian and Florida State Lodge, Fraternal Order of Police"attached hereto and made a part hereof as Exhibit "A", is hereby adopted. SECTION 2. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman /7~,~.. . The motion was seconded by --~%.-~.~~-~ ,-~---~--, , .... "~ f/;~f~.~%~ %nd, upon being put to a vote, Councilman the vote was as foYY~ows: Mayor W.E. Conyers Councilman Robert McCollum Vice Mayor Frank Oberbeck Councilman Lonnie Powell Councilman Lloyd Rondeau The Mayor thereupon decked this, Resolution duly passed and adopted this ~~ day of //~uf~t,~ , 1990. CITY OF SEBASTIAN ATTEST: W.E. Conyo~,/~or ~athry~/M~ O'Halloran,' CMC/~E City Clerk Approve/~ to Form and Content: Char~es Ian Nash, City Attorney 2 EXHIBIT "A" ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT between CITY OF SEBASTIAN, FLORIDA and FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE Florida State Lodge, Fraternal Order of Police / (date) City of Sebastian, Florida W ?E i Conye~s, City Cl~rk 3 ARTICLE 16 GROUP INSURANCE Section....1. During the term of this Agreement, the Employer agrees to pay the premium in effect on October 1, 1990 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, 1991 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 Occtober 1, 1991, 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, 1991, obtain substitute insurance coverage from another carrier which is available at the existing premium costs; or require each covered employee to contribute his 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, 1990 and September 30, 1991, the parties agree that the Employer shall pay all such costs. ARTICLE XVII EDUCATION A. EMPLOYEES' ~.~LF-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 and the City Manager. This includes courses directly related to the employee's assign- ment which will improve his skills, knowledge and ability to perform his duties and increase his potential for promotion through learning more advanced techniques. B. ~LIGIBILITY FO~....~ARTICIPATION IN E~.CATIONAL 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. This program is available only to employees who have successfully completed their one-year probationary period. C. APPLICATION PROCEDURE 1. An employee desiring educational program should submit to participate in an application 15 the City days in advance to the Chief requesting approval for program participa- tion. 2. If the Chief recommends the educational program, his recommendation will be forwarded to the City Manager for final approval. - 2 - D. COMPLETION OF COURSE 1. If the employee achieves a grade of "C" or better in a course which is graded -- or if the employee 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 of tuition, required books, and lab fees to the Police Chief. If in order, such documentation will be forwarded to the Finance Department for reimbursement. 2. The employee's personnel record will be documented with his educational achievement. E. TRANSpQ~TATION Transportation for job-related educational courses will be provided for by the employee, 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. G. MAXIMUM REIMBURSEMENT The maximum tuition rate to be reimbursed for college-level courses is that established annually by the State Legislature for the corresponding schools. Should an employee select to attend a private school, he/she is responsible for the difference in tuition. Additionally, employees will be authorized no more than two classes per semester. H. SERVICE REQUIREMENT - 3 - Employees who are reimbursed for such courses agree to remain employed by the City of Sebastian for at least one year after completion of the course. Should an employee leave City service within one year after completion of the course, he is required to return any payments to the City or it will be deducted from his final paycheck. ARTICLE XXIII LEAVE OF ABSENCE A. An employee may be granted a leave of absence without pay for a period not to exceed one year for sickness, disability, or other 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 Chief and the City Manager. 2. Except under unusual circumstances, voluntary separation from the City service in order to accept employment not in the City service shall be considered as insufficient for approval of a request for leave of absence without reason pay. 3. The leave of absence may be withdrawn by the City Manager, and the employee recalled to service if the need for the leave no longer exists. 4. An employee granted a leave of absence must submit a written statement monthly to the Chief of Police advising the Chief of his/her status. A copy of this written status report will be forwarded to the City Manager. 5. Failure of any employee to return to duty upon expiration of his leave of absence shall constitute the resigna- tion of that employee. 6. 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 - 2 - employee may maintain his health insurance program by paying the total cost of his group insurance program plus the administrative fee allowed by law. 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 the leave of absence to the classification. at the time of next available commencement of opening in his ARTICLE XXVII ~ROMOTIONS I. Promotion to Sergeant A. Whenever a budgeted promotional vacancy exists in the rank of Sergeant, the City shall promote an employee 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 (120) days. Upon certification of the new the budgeted promotional vacancy shall be one hundred twenty eligibility list, filled. B. The promotional probationary period shall be six (6) months in duration. The probationary period can be extended for one additional three (3) month period by the City Manager. The probationary period may be further extended if the probationary employee is incapacitated because of illness or injury. If an employee promoted to the position of Sergeant is found unsuited for the work of the position during the probationary period, he/she shall be reinstated to his/her former position. 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. D. TESTING CRITERIA AND SCORES - 2 - 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 50% 15% 10% ORAL BOARD 25% ORAL BOARD The Oral Board will consist of three (3) experienced law enforcement officers from other agencies selected by the Chief of Police. The City Manager, or his designee, will coordinate the Oral Board to ensure compliance with the City's recruitment and selection procedure. The Chief may also select one person from the Sebastian Police Department to serve as The resource person to the Board shall have screening or grading of applicants. a resource person. no input into the II. Promotion to Investigator: When a vacancy exists in the budgeted position of Investigator, the following selection criteria will be used. A. Police officers the Chief of Policy by desiring to be considered will notify 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 of having served as a Police Officer two (2) years with any Police Department. Nothing in - 3 - 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 for a determination of the following qualifying be reviewed factors: 1. m 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 Performance a. Productivity b. Clarity of thought Review of reports a. Thoroughness and accuracy b. Clarity of thought Education and Training a. Forensic sciences b. Fingerprint classification and comparison c. Photography and Videography - 4 - 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 Division of other designee of the Chief of Police 2. An Investigator, selected by lot 3. 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. F. The promotional probationary period shall be six (6) months in duration. The probationary period can be extended for one additional three (3) month period by the City Manager. The probationary period may be further extended if the probationary employee is incapacitated because of illness or injury. If an employee promoted to the position of Investigator is found unsuited for the work of the position during the probationary period, he/she shall be reinstated to his/her former position. ~RTICI~ XXIX 1. The City Step Plan shall be increased by four percent (4%) across-the-board. 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 completion of his first year with the city in his job for movement to Step Three upon of continuous, unbroken employment classification; provided that such employee that such employee receives at least a satisfactory performance evaluation upon his anniversary date. 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. - 2 - Sergeant, promoted employee movement greater. 6. 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 whichever is greater. In the event an Investigator is to the job classification of Sergeant, shall be entitled to the entry level for to the concurrent pay step for Sergeant, the promoted Sergeant or whichever is Ail 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 job title until such deficiencies are corrected. 7. All Investigators shall receive a non-uniformed clothing allowance in an annual amount of $449.80, payable bi-weekly at the rate of $17.30. " ~8 t-i .. q..; l1! "'1 1:;.... ~I'i -- u __ _h_ __ __ ____ L. u __C- I~o Ole ljlg I <5~ 1;1. o. CO) ";,,:;"N..n -' ~ ~M 1!1~ , Ur~gu&l~--8~uik I ~ Q). "". 0.. NO ,I I.;~ .;~ .;~ ,:;: N N N NM .... ------------------..------. ~~ ~8 i:;lq t;~ ...... ..,.. (I). """,. '1:1'..... ... .... .N .N .t- ......-l ..,...... 'I)..... fO. N N N N~ ~~ ~~ ~8 ~... o en. """. CD. (Q~ ..... nt:: ..;::: ..;~ wi.. N N N N~ -----------------------.'". , ~~ 2g gi!? ~., ~. OlW ~,. 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