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HomeMy WebLinkAboutR-95-37RESOLUTION NO. R-95-37 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING AMF~S TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE FRATERNAL ORDER OF POLICE, FOR THE THIRD YEAR OF A THREE YEAR CONTRACT FROM 10/01/94 THROUGH AND INCLUDING 9/30/95; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fraternal Order of Police is certified by the Florida Public Employees Relations Commission (Certification 857) as the bargaining unit for certain City employees; and WHEREAS, the referenced Agreement commenced on October 1, 1992 and runs through September 30, 1995; and WHEREAS, during the third year of the Agreement additional a~'ticles and wages may be reopened at the mutual agreement of both parties; and WHEREAS, the City and the Fraternal Order of Police have negotiated wages and other articles to be effective during the third year of the referenced Agreement; and WHEREAS, the City and the 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, as follows: SECTION 1. The document entitled "Addendum to Contract between City of Sebastian, Indian River County, Florida and the Florida State Lodge, Fraternal Order of Police for the contract commencing October 1, 1992 attached hereto and made a part hereof as Schedule "A" is hereby adopted, effective October 1, 1994. SECTION 2 CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member ~~ The motion was seconded by Council member and, upon being put to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Council member Louise Cartwright z~', Council member Norma Damp Council member Raymond J. Halloran The Mayor thereupon declared this Resolution duly passed and adopted this ~29~,/,, day of ..... 1995. CITY OF SEBASTIAN, FLORIDA BY:~P~---' ~'>" /' ' ' Arthur L. Firtion, Mayor Approved as to Form and Content: Clifton McClelland, City Attorney EXHIBIT "A" FRATERNAL ORDER OF POLICE - CHANGES IN THIRD YEAR CONTRACT Article 5 - FOP Representation Summary: Add new Section 3 which allows no more than two FOP representatives to participate with pay in the negotiations process. "Section 3. The City agrees to allow no more than two Representatives of the FOP who are on duty at the time negotiations take place between the City and the FOP, time away from their regular duties/shift assignments without loss of wages or benefits, as long as it does not create a manpower/shift shortage. This will be done with the knowledge and permission of the Department Head or his designee." Article 9 - Employee/Management Committee Summary: Clarify dates/times of Committee. "Section 2. The Employee/Management Committee shall meet every third month and on the same days of each month, (ie. January, April, July and October, on the second Tuesday at 10:00 a.m.)" "Section 3. The Employee/Management Committee will allow guests/outsiders only if mutually agreed upon by all parties." "Section 4. The Employee/Management Committee shall exchange agendas at least one week prior to the scheduled meeting dates." "Section 5. The function of this committee will be to discuss general matters pertaining to employee relations and department operations. At no time will this committee discuss terms and conditions of employment or attempt to resolve contract grievance disputes." Article 18 Hours of Work and Overtime Summary: Any earned comp. time will be paid out in the last pay day of the fiscal year it is earned. Add last sentence to paragraph D. "(D)... Compensatory time, if not taken within the fiscal year earned, will be paid out during the last pay period in September." Article 22 - Miscellaneous Paid Leave - Section 5 Personal Leave Summary: Withdrawn. Stays the same as current contract language. Article 27 - Promotions Summary: Abolished a Senior Investigator position and changed it to a Sergeant position. Add a paragraph to Section 1,A "(A) .... Effective October 1, 1994, the position of Senior Investigator will be abolished and a Sergeant position will be created, following the promotional procedures as outlined in this Article." Article 29 - Wages Summary: Changed. "8. All permanent employees covered under the Fraternal Order of Police collective bargaining agreement as of 10/01/94 shall receive a 2% lump sum bonus for gross wages (straight time plus overtime) paid during the period of 10/01/94 to 5/05/95." Article 32 - Terms of the Agreement Summary: Add local FOP Representatives name to last page.