HomeMy WebLinkAboutR-96-10RESOLUTION NO. R-96-10
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RATIFYING THE AGREEMENT WITH THE COASTAL
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. FOR THE
PERIOD FROM OCTOBER 1, 1995 THROUGH AND INCLUDING
SEPTEMBER 30, 1998; AUTHORIZING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST SAID CONTRACT;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,
Inc. is certified by the Florida
Commission as the bargaining unit
Sergeants; and
the Coastal Florida Police Benevolent Association
Public Employees Relations
for Police Officers and
WHEREAS, the City of Sebastian and the Coastal Florida Police
Benevolent Association, Inc. have negotiated a new three year,
closed, agreement commencing on October 1, 1995 and ending
September 30, 1998; and
WiHEREAS, the City and the Coastal Florida Police Benevolent
Association, Inc. have reached agreement on said contract.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The City Manager is authorized to execute and the
City Clerk to attest, on behalf of the City, the document entitled
"Collective Bargaining Agreement between the City of Sebastian,
Florida and the Coastal Florida Police Benevolent Association,
Inc.", which document is attached hereto and made a part hereof as
Exhibit "A".
SECTION 2. Said Agreement is hereby adopted as the
employment agreement between the City of Sebastian and the Coastal
Florida Police Benevolent Association, Inc. for those employees
covered in said agreement and employed by the City, for the period
commencing on October 1, 1995 and ending on September 30, 1998.
SECTION 3. CONFLICT. That all resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY. That 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 5. This Resolution shall take effect immediately upon
its adoption.
The~oregoing Resolution was moved for adoption by Council
member /~~mt/K_~ The motion was
and, upon being put to a vote, the vote was as follows:
Mayor Arthur L. Firtion
vice Mayor Carolyn Corum
Council member Louise Cartwright
Council member Norma Damp
Council member Raymond J. Halloran
The Mayor thereupon
adopted this /~'
declared th~s Resolution duly passed and
day o~TY~~ , 1996
CITY OF SEBASTIAN, FLORIDA
BY
Arthur L. Firtion, Mayor
ATTEST: ·
Kathryn M. 0'Halloran, CMC/AAE
Approved as to Form and Content:
Clifton McClelland, City Attorney
COLLECTIVE BARGAINING AGREEMENT
between
THE CITY OF SEBASTIAN, FLORIDA
and
COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION,
INC.
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TABLE OF CONTENTS
ARTICLE PAGE
1 PREAMBLE 1
2 RECOGNITION 2
3 EMPLOYEE RIGHTS 3
4 MANAGEMENT'S RIGHTS 5
5 P.B.A. REPRESENTATION 8
6 NO STRIKE 10
7 BULLETIN BOARDS 12
8 DUE DEDUCTIONS 14
9 EMPLOYEE/MANAGEMENT COMMITTEE 15
10 PERSONNEL RECORDS 16
11 VOTING/POLITICAL ACTIVITY 18
12 SENIORITY 19
13 PROBATIONARY PERSONNEL 21
14 'TEMPORARY ASSIGNMENT/HIGHER CLASS 22
15 LEGAL BENEFITS 23
16 TRAINING 24
CFPBA AGREEMENT
1
17 EDUCATION 25
18 HOURS OF WORK AND OVERTIME 27
19 HOLIDAYS 29
20 ANNUAL LEAVE 31
21 SICK LEAVE 34
22 MISCELLANEOUS PAID LEAVE 37
23 LEAVE OF ABSENCE 43
24 GROUP INSURANCE 45
25 INTERNAL INVESTIGATIONS 46
26 EQUIPMENT AND VEHICLES 52
27 PROMOTIONS 54
28 GRIEVANCE AND ARBITRATION PROCEDURE 57
29 WAGES 62
30 SUBSTANCE ABUSE TESTING 65
31 HEALTH & SAFETY 71
32 TERMS OF AGREEMENT 72
Appendix A 1995/1996 Salary Chart 73
Appendix B 1996/1997 Salary Chart 74
Appendix C 1997/1998 Salary Chart 75
CFPBA AGREEMENT
ARTICLE 1
PREAMBLE
This Agreement is entered into between the City of Sebastian, Florida, hereinafter
referred to as the "City" or the"Employer", and the Coastal Florida Police
- Benevolent Association, Inc., hereinafter referred to as the "P.B.A."
CFPBA AGREEMENT i
ARTICLE 2
RECOGNITION
The City hereby recognizes the P.B.A. 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. 95E-194.
CFPBA AGREEMENT 2
ARTICLE 3
EMPLOYEE RIGHTS
A. The parties recognize the existence of the P.B.A. as a viable employee
organization which also has its goal to serve the citizens of Sebastian, Florida.
B. The parties recognize that the P.B.A. is a legally 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 Agreement. Should the Statute be
amended during the term of this Agreement, such amendment shall automatically be
incorporated herein.
D. 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 P.B.A. 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 P.B.A. activity.
CFPBA AGREEMENT 3
The City and the P.B.A. 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.
CFPBA AGREEMENT 4
ARTICLE 4
MANAGEMENT'S RIGHTS
Section 1. The P.B.A. 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 job
classifications;
CFPBA AGREEMENT 5
(4) Determine the work assignments of employees;
(5) Change or eliminate existing work procedures and equipment utilization;
(6) Transfer, subcontract, or eliminate work, including work performed by
bargaining unit members;
(7) Determine procedures which will be observed in exercising any authority
under this article;
(8) Make and enforce standards relative to the quality and quantity of work
to be performed;
(9) 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; and,
(10) 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.
CFPBA AGREEMENT 6
Section 3. The Employer will maintain job descriptions for job classifications
covered by this Agreement and will notify the P.B.A. of any intent to change such
job classification.
CFPBA AGREEMENT 7
ARTICLE 5
P.B.A. REPRESENTATION
Section 1. The Employer agrees to recognize elected officers and stewards of the
terms Agreement The Employer agrees that during the t e sof this s gr eement it will deal
only with such authorized representatives in matters requiring official action by the
- parties in accordance with this Agreement. The P.B.A. 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 P.B.A. further agrees that the
Employer is under no obligation to deal with any person not officially included on
the P.B.A.'s list of authorized representatives.
Section 2. The P.B.A. agrees that stewards shall not be permitted to leave their
assigned duty stations during working hours without authorization o f the Department
Head. The P.B.A. agrees to conduct P.B.A. business outside of normal working
hours in order not to disrupt the work of unit employees. This shall not preclude the
grievance procedure from being conducted during normal working hours.
Section 3. The City agrees to allow no more than two Representatives of the
P.B.A.who are on duty at the time negotiations take place between the City and the
P.B.A., 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 Chief of Police or his designee.
CFPBA AGREEMENT 8
Section 4. The Employer will maintain job descriptions for job classifications
covered by this Agreement and will notify the P.B.A. of any intent to change such
job classification.
CFPBA AGREEMENT 9
ARTICLE 6
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 P.B.A. recognizes that strikes by public employees are prohibited
by Article I, Section 6 of the Florida Constitution and Section 447.505, Florida
Statutes. The P.B.A. 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.
CFPBA AGREEMENT 10
Section 3. The P.B.A. 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.
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 the honking of horns.
CFPBA AGREEMENT 11
ARTICLE 7
BULLETIN BOARDS
Section 1. The City agrees to allow the P.B.A. 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 P.B.A. by placing in the P.B.A.
representative's inter-office mail box.
Section 2. The bulletin board shall be used for the posting of the following:
(1) Notices of P.B.A. recreational and social affairs.
(2) Notices of P.B.A. elections and the results of such elections.
(3) Notices of P.B.A. appointments or other official union business.
(4) Notices of P.B.A. meetings.
All notices shall be signed by a duly authorized P.B.A. representative. Any other
notices, including any notices containing information other than purpose, date, time
and place , may be posted on the designated P.B.A. bulletin board only with the
approval of the City.
CFPBA AGREEMENT 12
Section 3. All costs incidental to the preparation and posting of P.B.A. material
will be borne by the P.B.A.. The P.B.A. is responsible for posting and removing
approved materials on the designated bulletin board and for maintaining such bulletin
board in an orderly condition.
CFPBA AGREEMENT 13
ARTICLE 8
DUES DEDUCTIONS
Section 1. Any member of the bargaining unit may have his membership dues
deducted from his wages. Dues shall be deducted twice a month and shall thereafter
_ be transmitted monthly to the P.B.A., accompanied by a list of those employees'
names whose dues are included.
Section 2. The amount of dues deducted shall be established by the President of the
P.B.A. in writing to the City. The City shall make any adjustments in dues within
30 days of notification of said adjustment.
CFPBA AGREEMENT 14
ARTICLE 9
EMPLOYEE / MANAGEMENT COMMITTEE
Section 1. There shall be an Employee/Management Committee consisting of the
following P.B.A. and City representatives:
A. Two (2) representatives of the P.B.A., one of whom shall be a
designated representative, and
B. The Chief of Police and the City Manager, or his designee.
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, 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.
CFPBA AGREEMENT 15
ARTICLE 10
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 P.B.A. 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.
D. Oral reprimands shall be removed from an employee's official personnel
file six months after the reprimand is memorialized as long as the same or a similar
situation has not occurred.
CFPBA AGREEMENT 16
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
one (1) or more years from this issuance of the reprimand as long as the same or a
similar situation has not occurred.
CFPBA AGREEMENT 17
ARTICLE 11
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.
CFPBA AGREEMENT 18
ARTICLE 12
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 be laid 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 position 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. 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.
CFPBA AGREEMENT 19
E. Employees shall be notified of their recall to work by phone. If direct
contact to the former employee is not made, a registered letter will be mailed to their
address of record and he 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.
I. Seniority will be given reasonable consideration in the selection of any
employee to be sent to any type of schooling but shall not be the determining factor.
CFPBA AGREEMENT 20
ARTICLE 13
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 shall have all 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.
CFPBA AGREEMENT 21
ARTICLE 14
TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION
A. 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 if the temporary
assignment is for a period of three (3) consecutive work days or more. The
bargaining unit employee shall receive one step higher than his regular rate of pay.
The provisions of this section shall apply to temporary assignments to the position
of Sergeant, Field Training Officer ("FTO"), or Investigator.
B. Effective October 1, 1992, appointment as an Investigator is considered
a duty assignment and not a promotion with the same provisions as a temporary
assignment to the next higher step during the duty assignment with a three (3) day
minimum as for FTO or Acting Sergeant. The individuals receiving the higher pay
as Investigators on September 30, 1992 would be "grandfathered". Their salary
would not be reduced if reassigned to uniform but also would not be further
increased if again temporarily reassigned to Sergeant, Field Training Officer, or
Investigator.
CFPBA AGREEMENT 22
ARTICLE 15
LEGAL BENEFITS
A. 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 result 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 P.B.A. before any decision is finalized.
CFPBA AGREEMENT 23
ARTICLE 16
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 Overtime 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. All ammunition and safety equipment will be furnished by the
City. 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 a library with current
publications pertaining to Florida Law Enforcement, including current Florida Statute
books.
CFPBA AGREEMENT 24
ARTICLE 17
EDUCATION
A. EMPLOYEES' SELF IMPROVEMENT AND EDUCATIONAL
PROGRAMS
The City is desirous of helping its employees in their jobs by paying for
job-related courses under the City's Educational Program 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 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. This
program is available only to employees who have successfully completed their
one-year 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.
2. If the Chief recommends the education program, his recommendation
will be forwarded to the City Manager for final approval.
CFPBA AGREEMENT 25
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, or lab fees to the Police Chief. 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. 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.
G. MAXIMUM REIMBURSEMENT
The maximum tuition rate to be reimbursed for participating in the City's
Educational Program for college-level courses is that established annually by the
State Legislature for state supported schools. Should an employee select to attend
a non-State school, he/she is responsible for the difference in tuition. Additionally,
employees will be authorized no more than two classes per semester, pending budget
authorization and availability of funds.
H. SERVICE REQUIREMENT
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.
CFPBA AGREEMENT 26
ARTICLE 18
HOURS OF WORK AND OVERTIME
The following provision shall govern hours of work and overtime.
A. Fourteen (14) days shall constitute a normal work period for an employee
covered by this Agreement. Nothing herein shall guarantee an employee payment for
eighty (80) hours of work in any work period unless the employee actually works
eighty (80) hours in the 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 eighty (80) hours in a fourteen (14) day work
period shall be compensated at the rate of time and one-half (1 1/2) of the
employee's regular, straight time rate.
C. For the purposes of overtime compensation, time spent by an employee
on personal leave, annual leave, holiday pay, sick leave, funeral leave,jury leave,
military leave, or any other approved leave with pay shall be considered time
worked. Hours for which compensation is given as holiday pay for hours not
actually worked by the employee, however, shall not be counted as hours worked
for the purpose of computing overtime pay.
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 fourteen (14) day work period in which the overtime was credited, advise the
Chief of Police of his desire to take compensatory time off in lieu of pay. The Chief
CFPBA AGREEMENT 27
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
if such compensatory time is requested but cannot be accommodated, or if such time
is requested and authorized by the Chief but is not actually taken off by the
employee within the eighteen (18) day period immediately following the work period
in which the overtime was earned, then the overtime shall be paid during the next
work period 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 and work 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 three (3) hours pay.
However, if the employee's normally scheduled working hours commence prior to
the expiration of the three (3) hours minimum period, the employee is entitled to be
paid for Court Time for only that portion of the minimum three (3) hour period which
occurs prior to the normally scheduled work.
G. Outside employment shall be controlled by the City's Standard Operating
Procedures. No City uniform shall be worn or City equipment used.
CFPBA AGREEMENT 28
ARTICLE 19
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. Holidays will be designated as the actual day of the holiday for the
purposes of holiday pay. Employees regularly scheduled to work Monday through
Friday may be required to take the observed, rather than the actual holiday as their
designated holiday.
Section 3. No regular full-time employees shall receive pay for a holiday unless
he is in active pay status or actually 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.
CFPBA AGREEMENT 29
Section 4. Regular full-time employees who are scheduled and required to work
on the actual holiday and who work on that day shall receive time and one-half of
the employee's regular hourly wage for each hour worked during the holiday.
Section 5. Regular full-time employees will receive their scheduled shift hours (8
or 10 hours) as holiday pay for the holiday.
CFPBA AGREEMENT 30
ARTICLE 20
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 BI-WEEKLY ACCRUAL FULL TIME ANNUAL
LEAVE
EMPLOYMENT RATE
1 Yr. but less than 5 yrs. 3.33 Days 10 Working Days (80 Hrs.)
5 Yrs. but less that 10 yrs. 5.0 Days 15 Working Days (120 Hrs.)
10 Yrs. and over 6.67 Days 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 the pay period closest
to an employee's anniversary date. For the purpose of this section
"anniversary date" shall mean those one year increments from the date of
employment.
Section 3. REQUEST FOR ANNUAL LEAVE
(a) A request for annual leave shall be submitted in writing to the employee's
Department Head.
CFPBA AGREEMENT 31
(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.
(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.
its
(d) No annual leave may be taken in advance o f is by t h
e
Department Head.
Section 4. USE OF ANNUAL LEAVE
(a) 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
CFPBA AGREEMENT 32
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.
(c) Annual leave may be accrued up to a maximum of twice the employee's
annual vacation entitlement.
Section 5. CASH-IN POLICY
Employees may request to cash-in 40 hours of accrued vacation time under
the following procedures:
1. The employee must request the cash-in of 40 hours annual leave in March
of the preceding year.
2. The employee can cash in only 40 hours (no more, no less).
3. The employee must have an accrued vacation balance of at least 60 hours
upon the date of cash-in.
4. The employee will receive receive the 40 hours of cashed-in vacation hours
during a regular pay day.
Section 6. 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.
CFPBA AGREEMENT 33
ARTICLE 21
SICK LEAVE
Section 1. 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 4.0 hours per
pay period of sick leave with pay for each two week period 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.
Section 3. REQUEST FOR SICK LEAVE
(a) An employee who is incapacitated 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, or if the employee has a
doctor's note excusing the employee for an extended period of time. The City
reserves the right to request the employee go to another physician, at the City's
CFPBA AGREEMENT 34
expense, to verify the length of time needed to be out.
(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) Quarantine due to exposure to infectious disease;
(4) Employee ill health while on annual leave;
(5) In connection with Worker's Compensation;
(6) For death in employee's immediate family to extend bereavement
leave;
(7) 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
CFPBA AGREEMENT 35
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.
Section 5. RETIREMENT FROM EMPLOYMENT
Upon retirement and after ten (10) years of service to the City, a regular
full-time employee shall be entitled to be paid for one half (1/2) of his accrued
balance of sick leave up to a maximum of 400 hours at the rate of pay received by
the employee on the date of retirement.
CFPBA AGREEMENT 36
ARTICLE 22
MISCELLANEOUS PAID LEAVE
Section 1. FUNERAL LEAVE
Head,
With the approval of the Department aid funeral leave not to exceed paid
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, grandparent 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.
CFPBA AGREEMENT 37
(b) All regular employees subpoenaed to attend court are eligible for leave
with pay. Those employees who become plaintiffs or defendants are not
eligible for leave with pay, unless the court appearance is a direct result of
their employment.
(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.
CFPBA AGREEMENT 38
(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.
(3) Thereafter, the City may, at its discretion, grant an unpaid leave of
absence to the employee for a period not to exceed one year.
B. If an employee, due to an on-the-job injury, is temporarily or partially
disabled from performing the duties of his/her classification, but is determined to be
able to perform "light duty" by a physician designated by the City, the 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. 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.
CFPBA AGREEMENT 39
•
D. 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.
E. 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.
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) working 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.
CFPBA AGREEMENT 40
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. 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
CFPBA AGREEMENT 41
this Agreement (use sick leave) and, as such, shall forfeit the extra day's pay and the
Birthday holiday provided therein.
CFPBA AGREEMENT 42
ARTICLE 23
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 reason for approval of a request for leave
of absence without 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.
CFPBA AGREEMENT 43
5. Failure of any employee to return to duty upon expiration of his
leave of absence shall constitute the resignation 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 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) date 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 to the next
available opening in his classification.
CFPBA AGREEMENT 44
ARTICLE 24
GROUP INSURANCE
Section 1 . During the term of this agreement, the Employer agrees to pay the
premiums to provide group health insurance coverage to regular full-time employees.
_ It is expressly understood by all parties that the Employer shall not pay the premium
for group health insurance coverage for any dependent coverage. However, the
Employer agrees to provide group health insurance coverage for eligible dependents
on a payroll deduction basis provided the employee pays the entire premium for said
dependent health insurance coverage.
Section 2. The Employer agrees to provide continued group health insurance
coverage during the term of this agreement for employee coverage only up to a
maximum of$3,900 per year. Any premium in excess of$3,900 per year shall be
paid by the employee as a payroll deduction.
CFPBA AGREEMENT 45
ARTICLE 25
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 sworn 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 investigative 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:
CFPBA AGREEMENT 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.
(6) The formal interrogation of an employee, including all recess periods,
shall be recorded, and there shall be no unrecorded questions or statement.
CFPBA AGREEMENT 47
(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.
(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
CFPBA AGREEMENT . 48
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 P.B.A. before being interrogated. The
attorney and the P.B.A. representative may be present during the interrogation.
Where the attorney or the P.B.A. 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.
(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
CFPBA AGREEMENT 49
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 employee 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.
(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.
CFPBA AGREEMENT 50
(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 P.B.A. shall be notified in
writing.
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.
CFPBA AGREEMENT 51
ARTICLE 26
EQUIPMENT AND VEHICLES
A. The City will provide the following equipment at no cost to the employee:
1 hand-held radio to all sworn 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; 2 collar insignias, as needed; 1 large badge; 1 small badge;
1 rechargeable flashlight; 1 hat; 1 ballistic vest; and, all leather gear.
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.
CFPBA AGREEMENT 52
C. Each employee will receive $45.00 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 depai tuiental 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.
CFPBA AGREEMENT 53
ARTICLE 27
PROMOTIONS
1. 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 one hundred twenty (120) days. Upon
certification of the new eligibility list, the budgeted promotional vacancy shall be
filled. 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.
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 if found unsuited for the
work of the position during the probationary period, he/she shall be reinstated to
his/her former position.
CFPBA AGREEMENT 54
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
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 50%
EXPERIENCE 15%
EDUCATION 10%
ORAL BOARD 25%
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 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 a resource person. The resource person to
the Board shall have no input into the screening or grading of applicants.
CFPBA AGREEMENT 55
F. RANK ELIGIBILITY
An officer will become eligible for the rank of Sergeant four (4) years from
his date of employment by the City as a full-time police officer or after having served
two (2) years 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.
CFPBA AGREEMENT 56
ARTICLE 28
GRIEVANCE AND ARBITRATION PROCEDURE
A. In a mutual effort to provide a harmonious 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. 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
P.B.A. and the City, such grievance shall be presented by the P.B.A.'s
representative, in writing, directly to the City Manager, Step 4, within ten (10)
calendar days of the occurrence of the event(s).
CFPBA AGREEMENT 57
D. Grievances shall be presented in the following manner:
(1) Step 1. The employee shall first take up his grievance with his
immediate supervisor within ten (10) calendar 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. 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 ten (10) calendar day period shall commence running
immediately upon the employee's return from such If the event (s) which gave rise
to the grievance occurred at a 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 P.B.A. and the
employee. The grievance as specified in writing shall be discussed by and between
the employee and P.B.A. representative and the Department Head within ten (10)
calendar 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 P.B.A.
CFPBA AGREEMENT 58
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
Human Resources Director through a representative of the P.B.A. and the employee.
The grievance, as specified in writing shall be discussed by and between the
employee, the P.B.A. representative and the Human Resources Director within ten
(10) calendar days after completion of Step 2. The Human Resources Director
shall, wi th within (5) working days aft er thi s
discussion, render a decision in writing,
with a copy to the PBA.
Step 4. Any grievance which cannot be satisfactorily settled at Step 3
shall be reduced to writing by the employee and shall next be taken up with the City
Manager through a representative of the P.B.A. and the employee. The grievance
as specified in writing shall be discussed by and between the employee and P.B.A.
representative and the City Manager within ten (10) calendar days after the
completion of Step 3. The City Manager shall, within five (5) working days after
this discussion, render his decision in writing, with a copy to the P.B.A.
E. All the above mentioned time frames may be extended in writing by
mutual agreement.
CFPBA AGREEMENT 59
F. ARBITRATION
1. In the event a grievance processed through the grievance procedure has not
been resolved in Step 4 above, the P.B.A. 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 to
arbitration, the parties shall jointly request the Federal Mediation and Conciliation
Service to furnish a panel of seven (7) names from which each party shall have the
P O P
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 P.B.A. 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 fail 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.
CFPBA AGREEMENT 60
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.
CFPBA AGREEMENT 61
ARTICLE 29
WAGES
1. During the first year of the contract, each regular full-time employee shall
have their pay, as of 10/01/95, adjusted to the closest, higher pay step in the new pay
_ plan, retroactive to October 1, 1995. Any employee receiving less than a $ .10/hour
adjustment will be given a step increase on their anniversary date. If an employee
received a step increase under the old pay plan that is greater than the step
adjustment in the new pay plan, such employee's pay will be adjusted upon Council
approval to the new (lower) rate and the employee will not owe the City money. No
other increases will be given during the 1995/96 contract year. The City Step Pay
Plan is attached hereto as Exhibit "A".
2. Effective 10/01/96, all regular full-time employees shall receive a 1% cost
of living adjustment to their pay. Each regular full-time employee shall also be
eligible for movement to the next step in the pay plan upon receipt of an annual
evaluation which is at least satisfactory on the pay period closest to his anniversary
date. The City Step Pay Plan for 1996/97 is attached hereto as Exhibit "B".
CFPBA AGREEMENT 62
3. Effective 10/01/97, all regular full-time employees shall receive a 2% cost
of living adjustment to their pay. Each regular full-time employee shall also be
eligible for movement to the next step in the pay plan upon receipt of an annual
evaluation which is at least satisfactory on the pay period closest to his anniversary
date. The City Step Pay Plan for 1997/98 is attached hereto as Exhibit "C".
4. 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.
5. A new police officer without any demonstrated education, training or
at Step One.
This employee shall be
experience in that job title, shall be placed p
eligible for movement to Step Two at the 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.
6. 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 three (3) or less which are allocated for
the job title of police officer.
CFPBA AGREEMENT 63
7. In the event a Police Officer is promoted to the job classification of
Sergeant, the promoted employee shall be entitled to the entry level for Sergeant or
a 5% increase in pay to the closest higher step for Sergeant, whichever is greater.
8. On or after October 1, 1996, 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 job title until such deficiencies are corrected.
9. Step increases, as set forth above, shall expire at the conclusion of the end
of this three (3) year contract. All future step increases shall be contingent upon a
written contract to succeed this contract.
10. All Investigators shall receive a non-uniformed clothing allowance in an
annual amount of five hundred ($500) dollars payable in one lump sum payment on
October 1st of each year. In the event an officer does not remain an Investigator for
the entire fiscal year after receiving his clothing allowance, the officer shall repay the
City of a pro rata basis.
CFPBA AGREEMENT 64
ARTICLE 30
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 otherwise 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. The City reserves the right to test for drug or alcohol abuse for the
following reasons:
a. pre-employment
b. post accident
c. return to duty and follow up
d. reasonable suspicion
(a) All employees, after a conditional offer of employment is made, are
required to take a pre-employment physical, which includes a drug test.
(b) Whenever a bargaining unit employee is involved in an accident, the City
may require a drug or alcohol test to determine whether substance abuse was
a factor in the accident.
CFPBA AGREEMENT 65
(c) When an employee who tested positive in a drug/alcohol test returns to
duty, the City may require periodic drug testing for up to two years from date
of return to work.
(d) When the City has a reasonable suspicion, based on objective criteria that
an employee is under the influence of alcohol or drugs, herein referred to as
"substances", the City may require the employee immediately go to a medical
facility to provide both urine and blood specimens for the purpose of testing
and to receive a fitness for work examination by a licensed physician.
(e) The following procedure shall be utilized in determining whether
"reasonable suspicion" is present:
(1) 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 or alcohol 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.
(2) 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."
CFPBA AGREEMENT 66
(3) 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.
(4) The 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
Additional Comments --
CFPBA AGREEMENT 67
A copy of the completed form shall be made immediately available, upon demand,
to a representative of the bargaining unit.
(5) If a 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 or alcohol
test based on the facts known to 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
or alcohol testing.
2. If an employee is requested to submit to a drug/alcohol 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/IS) test shall be
conducted by a licensed facility selected by the City.
•
CFPBA AGREEMENT 68
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 P rocedure 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 individual(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.
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.
CFPBA AGREEMENT 69
3. 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.
CFPBA AGREEMENT 70
ARTICLE 31
HEALTH AND SAFETY
1. CONTAGIOUS DISEASES
The City shall provide each employee with a vaccination against Hepatitis B at
- no expense to the employee.
CFPBA AGREEMENT 71
ARTICLE 32
TERMS OF THE AGREEMENT
This Agreement shall take effect on October 1, 1995 and remain in effect until
September 30, 1998. 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 is 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
COASTAL FLORIDA CITY OF SEBASTIAN, FLORIDA
POLICE BENEVOLENT ASSN.
By: By:
By: By:
Arthur L. Firtion, Mayor
Attest:
Kathryn M. O'Halloran, City Clerk
Approved to form and content
By:
Clifton McClelland, City Attorney
CFPBA AGREEMENT i 2
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ARTICLE 32
TERMS OF THE AGREEMENT
This Agreement shall take effect on October 1, 1995 and remain in effect until
September 30, 1998. 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 is 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 �(0 --
day of,f�,u8) , 19 4, .
COASTAL FLORIDA CITY OF SEBASTIAN, FLORIDA
POLICE BENEVOLENT ASSN.
4
By: r. �, '1 7 7 ' iic 43 %t4:Ein�NJ) By• liLta
B �►�'
By
Arthur L. Firtion, Mayor
AO/7/6
Kathryn Halloran City Clerk
Approved to form and content
By: a .tlmc cam---P ,.
Clifton McClelland, City Attorney
CFPBA AGREEMENT 72
11
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