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R-98-48
RESOLUTION NO. R-98-48 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE AGREEMENT WITH THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INe., FOR THE PERIOD FROM OCTOBER 1, 1998 THROUGH AND INCLUDING SEPTEMBER 30, 2001; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Coastal Florida Police Benevolent Association, Inc., is certified by the Florida Public Employees Relations Commission as the bargaining unit for certain City employees; and WHEREAS, the City and the Coastal Florida Police Benevolent Association, Inc., have negotiated a new three year agreement commencing on October 1, 1998 and ending September 30, 2001; and WHEREAS, the City and the Coastal Florida Police Benevolent Association, Inc., have reached agreement on 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 "Collective Bargaining Agreement" between the City of Sebastian and the Coastal Florida Police Benevolent Association, Inc., which document is attached hereto and made a part hereto as Exhibit "A" 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, 1998 and ending September 30,2001. SECTION 3. This Resolution shall take effect immediately upon its adoption. SECTION 4. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 5. 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 4. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember ~gq . The motion was seconded by Councilmember f ~ and, upon being put to a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this Lfi- day of IJ~ ,1998. CITY OF SEBASTIAN, FLORIDA , ~."~ By: ('"::..s/ \Y /e%-~A-<"_'/ Ruth Sullivan, Mayor . ATTEST: q;1.1~. Yn O~ Kathryn . O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: ~ 'p . EXHIBIT 'A' COLLECTIVE BARG INING AGREEMENT THE CITY OF SEB STIAN, FLORIDA COAST AL FLORIDA P LICE BENEVOLENT ASSOCIA T ON, INC. Contract r ns from: October 1, 1998 to September 30, 2001 It/) ~ ba uL~'- ~~~~ . ~ {,JU( ~ ~ .., '. TABLE ARTICLE PAGE 1 Preamble 1 2 Recognition 2 3 Employee Rights 3 4 Managements Rights 4 5 P.B.A. Representation 5-6 6 No Strike 7 7 Bulletin Boards 8 8 Due Deductions 9 9 Employee/Management ommittee 10 10 Personnel Records 11-12 11 V oting/Political Activity 13 12 Seniority 14-15 13 Probationary Personnel 13 14 Temporary Assignment/ -gher Classification 17 15 Legal Benefits 18 16 Training 19 PBA Contract October 1, 1998 to ~ '- 17 Education 20 18 Hours of Work and Overti e 21-22 19 Holidays 23-24 20 Annual Leave 25-27 21 Sick Leave 28-30 22 Miscellaneous Paid Leave 31-34 23 Leave of Absence 35-36 24 Group Insurance 37 25 Internal Investigations 38-42 26 Equipment and Vehicles 43-44 27 Promotions 45-46 28 Grievance and Arbitration rocedures 47-50 29 Wages 51-53 30 Substance Abuse Testing 54-57 31 Health & Safety 58 32 Terms of Agreement 59 Appendix A 1998/1999 alary Chart 60 Appendix B 1999/2000 alary Chart 61 Appendix C 2000/2001 alary Chart 62 PBA Contract October 1, 1998 to This Agreement is entered into between the City of Sebastian, Florida, hereinafter referr d to as the "CityU or the "EmployerU, and the Coast 1 Florida Police Benevolent Association, Inc., hereinafter referred to as the "P.B.A.u and has as its purpose to set for h the agreement of the parties on conditions of employment of the employees in the bargaining unit and to promote harmonious relations between the City and the P.B.A. P.B.A. Contract Article 1 Octob r 1, 1998 to September 30, 2001 1 " '. ARTI LE 2 N The City hereby recognizes he P.B.A. as the exclusive bargaining agent for all matte s affecting wages, hours, and other items, and conditions of mployment for those employees in the bargaining unit certi ied by the Public Employees Relations Commission, Certific tion No. 95E-194. P.B.A. Contract Article 2 Octobe 1, 1998 to September 30, 2001 2 3 A. The City agree that the bargaining unit possess the rights enumerate in 112.532, Florida statutes, and are entitled these rights without interference, restraint, or coercion from any person. This includes Union representation in any discu sion between the employee and representatives of the city. It is also understood that the bargaining unit has as its goal to serve the citizens of Sebastian, Florida. B. Neither the City nor the P.B.A. shall discriminate against any employee because of race, creed, color, national origin, age, sex, handicap nrelated to qualifications or because of participation 0 non-participation in P.B.A. activity. The City and the P.B.A. f rther agree to avoid sexual harassment in the workplace a d to abide by the principle of equal pay for equal work performed by men and women. ~henever in this Agreement the mascul'ne gender is used it shall be deemed to include the feminine as well. P.B.A. Contract Article 3 Octob r 1, 1998 to September 30, 2001 3 , '" The management of the City and the direction of the workforce is vested exclusiv ly in the City subject to the terms of this agreement. thing in this Agreement shall affect the right of the Cit to determine the standards of service offered the public; t maintain the efficiency of the City's operations; to dete mine the methods, means and personnel by which the City's operations are to be conducted; to direct the work of its employees; to hire, promote, demote, transfer, assign and retai employees in positions; to discipline, suspend or discharge employees for just cause and to relieve employees from dut because of lack of work; or to take any action, not inconsist nt with the express provisions of this Agreement, necessary 0 carry out the mission of the City. All matters not ly covered by the language of this agreement may be admini tered for its duration by the City in accordance with such olicy or procedure as the City from time to time may determi e. The above-mentioned Management rights are not to be interpreted as being all-inc usive, but merely indicate the type of rights which belong to and are inherent to Management. It is understood that any rig ts Management had prior to the signing of this agreement are etained by Management and will be exercised in accordance with this agreement, where appropriate. P.B.A. Contract Article 4 Octob r 1, 1998 to September 30, 2001 4 " ... ARTI LE 5 .A REP I N Section 1. The Employer agrees to recognize elected officers and Union Representatives of t e P.B.A. The Employer agrees that during the terms of this A reement it will deal only with such authorized representatives in matters requiring official action by the parties in accord nee with this Agreement. The P.B.A. agrees to supply the Emp oyer with a list of authorized representatives in matters re uiring official action by the parties in accordance with his Agreement. P. B.A shall appoint one (1) bargaining uni member from all of the units represented by P.B.A. to serve as the Chief Steward for all the employees in those units. The Chief Steward shall be a City employee on payroll statu and shall be responsible for labor relations activities asso iated with the administration of this Agreement. Furthermore, he/she shall be responsible for coordinating and processi g of grievances for all the Local Union members, and shal conduct activities to avoid overlapping or duplicating services of any other union representatives. These activit es shall be conducted without disrupting the work of any City employees who are not directly involved. Section 2. The P. B.A. shall not be permitted to leav during working hours or Department Head. business outside of normal w disrupt the work of unit the grievance procedure from working hours. that Union Representatives their assigned duty stations thorization of the Supervisor agrees to conduct P. B.A. hours in order not to This shall not preclude conducted during normal P.B.A. Contract Article 5 October 1, 1998 to September 30, 2001 5 ., Section 3. The City Representatives of the negotiations take place betwee away from their regular duties of wages or benefits as 1 manpower/shift shortage. This done with the knowledge and permission of the Chief 0 Police or his designee. 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 c such job classification. to allow no more than two who are on duty at the time the City and the P.B.A., time shift assignments without loss as it does not create a P.B.A. Contract Article 5 Octobe 1, 1998 to September 30, 2001 6 '. ARTICLE 6 N TRIKE Section 1. For purposes of his Article, "Strike" means the concerted failure of employees 0 report for duty; the concerted absence of employees from their positions; the concerted stoppage of work by employees; the conce ted submission of resignations of employees; the concerted abstin nee, in whole or in part, by any group of employees from the full and faithful performance of their duties of employment with the Em for the purpose of inducing, influencing, condoning, or coe cing a change in the terms and conditions of employment or the rights, privileges or obligations of public employment, or par icipating in a deliberate and concerted course of conduct whic adversely affects the services of the Employer; the concerted fa'lure of employees to report work after the expiration of a colle bargaining agreement. Section 2. The P.B.A. reco nizes that strikes by public employees are prohibited by Article I, Section 6 of the Florida Consti tution and Section 447.505, Florida Statutes. The P. B.A. agrees not to authorize, instiga or otherwise support a strike, as defined in Section 1, above a all affirmative actions legally available to prevent or terminate any strike which occurs in contravention of this commit Section 3 . The P.B.A. recog that it and all acting in concert with it shall be liab the penalties set forth in Section 447.507, Florida Statu in the event of a strike in violation of this Article. Section 4. For the purpose f this Agreement, informational pickets shall be allowed, infor pickets shall not stop or discourage City Employees from normal business. Informational pickets shall not encourage the honking of horns. P.B.A. contract Article 6 October 1, 1998 to September 30, 2001 7 -t Section 1. The City agrees the P. B.A. the use of a bulletin board of reasonable for the posting of notices of its official business pertaining to 'ts members and to unit employees. No scurrilous, defamatory, or ot erwise objectionable material will be posted. Any material which in the discretion of the City, contravenes this provision shal be ordered removed by the City. Any material so removed, or a c py thereof, shall be given to the P.B.A. by placing in the P.B.A. epresentative's inter-office mail box. Section 2. The bulletin boar shall be used for the posting of the following: (1) Notices of P.B.A. rec eational and social affairs. (2) Notices of P.B.A. el ctions and the results of such elections. (3) Notices of P.B.A. app intments or other official union business. (4) Notices of P.B.A. mee ing. All notices shall be signed by a duly authorized P.B.A. representative. Any other otices, including any notices containing information other th n purpose, date, time, and place, may be posted on the designated .B.A. bulletin board only with the approval of the City. Section 3. All costs to the preparation and posting of P.B.A. material will e by the P.B.A. The P.B.A. is responsible for posting oving approved materials on the designated bulletin board and f r maintaining such bulletin board in an orderly condition. P.B.A. Contract Article 7 Oc ober 1, 1998 to September 30, 2001 8 ARTICLE 8 Section 1. Any member of t e bargaining unit may have his membership dues deducted his wages. Dues shall be deducted twice a month and s all thereafter be transmitted monthly to the P.B.A., mpanied by a list of those employees' names whose dues a e included. Section 2. The amount of dues deducted shall be established by the President of the P.B. . in writing to the City. The Ci ty shall make any adj ustme in dues wi thin 30 days of notification of said Section 3. The Union, upon he presentation of Application for Membership form dues deduction, duly executed by the individual employees c vered by this Agreement, shall be entitled to have such emplo ees' membership dues or service fees deducted from their pay hecks on a bi-weekly basis and remitted to the Union. An ass'gnment of wages/Dues deduction may be canceled by the employe on thirty (30) days notice to the City and to the Union. The Union agrees to indemnify and hold harmless the Employer from any loss or damages due to payroll errors arising from the operation of this Article P.B.A. Contract Article 8 Octob r 1, 1998 to September 30, 2001 9 , ., ART CLE 9 N E Section 1. There shall be n Employee/Management Committee consisting of the following P.B.A. and City representatives: A. Two (2) represent tives of the P.B.A., one of whom shall be a design ted representative, and B. The Chief of Pol' ce and the City Manager, or his designee. Section 2. The Employee/Manag ment Committee shall meet every third month and on the same days of each month, (ie., January, April, July, and October, the s cond Tuesday at 10:00 a.m.) Section 3. The Employee/M nagement Committee will allow guests/outsiders only if mutual upon by all parties. Section 4. The Employee/Man Committee shall exchange agendas at least one week prior to the scheduled meeting dates. Section 5. The function of t is committee will be to discuss general matters pertaining to mployee relations and department operations. At no time will his committee discuss terms and conditions of employment or att to resolve contract grievance disputes. P.B.A. Contract Article 9 October 1, 1998 to September 30, 2001 10 ARTIe 10 p RE s A. Each employee covered by this Agreement, shall have the right to inspect his official pe sonnel file, provided however, that such inspection shall take p ace during working hours at the location where the official person file is kept. There shall be only one personnel file maintain d by the City which shall be considered the official personnel file for purposes of personnel actions. B. Employees shall have the rl ht to file a written response to any letter of reprimand or other ocument which is placed in the employee's official personnel fi e as a result of supervisory action or citizen complaint. Any such written response shall be included in the employee's offici 1 personnel file together with the letter of reprimand or othe document against which it is directed. To the extent permitte by law and in order to protect the privacy and promote the safet of individual police officers, the City agrees not to directly r 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 di ectly or indirectly furnish the news media or the public with perso nel records without the consent of the City and the employee, mutually agreeing to the confidentiality of personnel reco ds other than required by law. D. Oral reprimands shall be re oved from an employee's official personnel file six months after t e reprimand is memorialized as long as the same or a similar sit ation has not occurred. P.B.A. Contract Article 10 October 1, 1998 to September 30, 2001 11 E. Written reprimands not be used when considering subsequent discipline where an officer has had no disciplinary action against him for a period f one (1) or more years from this issuance of the reprimand as long as the same or a similar situation has not occurred. P.B.A. Contract Article 10 October 1, 1998 to September 30, 2001 12 A. During a primary, who is a registered voter and sufficient time for voting shall pay for this purpose. and two hours after the employee it shall be considered sufficien B. Employees will be allowe political activities guaranteed t not in uniform. 11 ACTIVITY or special election, an employee of work do not allow e allowed necessary time off with polls are open two hours before scheduled work period, time for voting. to engage in the full range of all citizens while off duty and P.B.A. Contract Article 11 October , 1998 to September 30, 2001 13 A. The City agrees t at seniority shall consist of continuous accumulated paid service with the City. B. Seniority shall be compu ed from the date of hire and shall accumulate during lea es of absence due to injury, illness, vacation, or any other leave authorized and approved by the City. C. Vaca tion periods calendar year shall be drawn by employees on the b seniority and selection will be completed. When an mployee has selected dates for vacation the dates can be c anged only by an employee with greater seniority and the r quest 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 classificatio from a lower classification in which he held a permanent position shall be given a position in the lower classification wi thin the department. His seniority in the lower clas ification shall be established according to the date of hi permanent appointment to that classification. Employees s all be called back from layoff according to the seniority i 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 n opportunity to return to work. The City is not obligated to recall an employee after he/she has been on layoff for a period of two(2) years. P.B.A. Contract Article 12 Octo er 1, 1998 to September 30, 2001 14 Employees shall be notified f their recall to work by phone. If direct contact to the f rmer employee is not made, a registered letter will be ma'led to their address of record and he/she shall be given twe calendar days to return to work. A recalled employ notify the employer in writing within ten (10) calen days of receipt of the recall letter of the employee's int to return to work. G. An employee laid of 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 'f available under the Insurance Policy, shall be paid by the employee on a monthly basis in advance of the month dUe. H. Recall will be at he 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 s of the date of layoff. I. In the event of a vacancy in any department or division, and promotional v seniority will be given reasonable consideration bu will not be the determining factor. J. Seniority will be g ven reasonable consideration in the selection of any emplo ee to be sent to any type of schooling but shall not be t e determining factor. P.B.A. Contract Article 12 Octo er 1, 1998 to September 30, 2001 15 ARTIe E 13 A. All new employees in department shall serve a probationary period of one (1) ye r, which shall not be extended, during which they shall not be ent'tled to any seniority or tenure rights but during such period sh II be subject to all terms and conditions of this Agreement. Upo completion of said one (1) year probationary period, employees be known as permanent employees and seniority rights a d tenure shall accrue from the commencement of the probationary shall be considered a part of such employees seniority B. A probationary grievance procedure except where for failure to satisfactorily comp by the Department Head and the Ci NNEL have all the rights of the he said employee is terminated his probation as determined P.B.A. Contract Article 13 October 1, 1998 to September 30, 2001 16 ARTICLE 14 y 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 affec ed bargaining unit member shall be entitled to receive the in reased salary of the higher job classification for!{a $1.00 n hour increase to their base salary for each day worked in that higher classification. The provisions of this secti shall apply to temporary assignments to the positio of Sergeant, Field Training Officer (FTO), or Investigato Appointment as an Investigator or as a FTO is considered a t mporary duty assignment and not a promotion. P.B.A. Contract Article 14 Oct ber 1, 1998 to September 30, 2001 17 A. (1) The City will employees against any legal actions taken against them as a result of their actions while acting in the scope of their mployrnent, unless such employees acted in bad faith or with m licious purpose or in a manner exhibi ting wanton disregard of human rights, safety or property (i. e. the line of duty) and will initiate any proper and a propriate counter-suits; and, (2) The City agrees to 'ndemnify all employees against judgments levied against the as a result of their actions while acting legally and wit in the rules and regulations of the Police Ci ty in the scope of their employment. B. The City has to the employee to continue any such insurance. Any non- shall be negotiated with the P.B.A. before any decisi n is finalized. P.B.A. Contract Article 15 Octo er 1, 1998 to September 30, 2001 18 T 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 the quality of service rendered to the public. B. Where the City any employee to attend supervisory training and/or training in specialized techniques, the City will make every reasonable effort to facilitate the employee attend'ng such training during his normal workin'g hours. In the event the City is unable to schedule the employee to atte such training during his normal working hours, the shall be required to attend such training during his y hours; provided, however, that the time spend by the empl yee in such training during his off-duty hours shall be comp nsated in accordance with the Hours of Work and Overtime Arti le of this Agreement. C. All sworn officers wil be required to train and qualify with their service weapo on a semi-annual basis. The training will be conducted by a firearms instructor. All ammunition and safety equip be furnished by the City. Any employee required to attend such training during his off-duty hours will be compe accordance with the Hours of Work and Overtime Ar this Agreement. An employee will be required to a passing score, as determined and set by the Flori a Criminal Justice Standards and Training Commission, at the time of firearms qualifying. D. The City may provide the employees with a library of current publications pertaining to Florida Law Enforcement, including current Florida statu es. P.B.A. Contract Article 16 October 1, 1998 to September 30, 2001 19 H. for such courses agree Sebastian for at least course. Should an employee year after completion of the return any payments his final paycheck. Employees who are reimbursed ain employed by the City of ) years after completion of the eave City service with in one required to be deducted from P.B.A. Contract Article 17 Octo er 1, 1998 to September 30, 2001 20 H The following provision sh II govern hours of work and overtime. A. Fourteen (14) days consti tute a normal work period for an employee cove ed by this Agreement. Nothing herein shall guarantee an e ployee payment for eighty (80) hours of work in any work per'od unless the employee actually works eighty (80) hours in th work period. For the purposes of this Agreement, leave shall mean any leave compensated by the City. The work schedule plan will remain in effect for the dur 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 ~) of the employee's regular, straight time rate. For the purposes of overtime compensation, time spent by an employee on perso al leave, annual leave, holiday pay, sick leave, funeral leav , jury leave, military leave, or any other approved leave wi pay shall be considered time worked. Hours for which comp nsation is given as holiday pay for hours not actually worked employee, however, shall not be counted as hours work d for the purpose of computing , \ overtlme pay. If an employee has overtime and desires to bank compensatory time at a rate time and on half 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 bank compensatory time in lieu of The Chief shall attempt to accommodate the desires of the employee as to the time off desired, work schedules and onditions permitting. P.B.A. Contract Article 18 October 1, 1998 to September 30, 2001 21 If no compensatory time is equested, then the employee shall be paid at the overtime rate of time and one half. Employees may bank up to eight (80) hours. Any unused time as of September 30th of each year wi 1 be paid to the employee in the next payroll check. CallOut - If an employee overed by this Agreement is called out to work at a t'me outside his normal working hours, he shall receive work a minimum of two (2) hours pay. Travel time time worked. Court Time - If an employee is required to appear at a deposition or court proce which is related to his employment and such appea occurs at a time outside his normal hours, he sha 1 receive a minimum of three (3) hours pay. However, if the employee's normally scheduled working commence prior to the expiration of the three hours minimum period, the employee is entitled to b paid for Court Time for only that portion of the minim three (3) hour period which occurs prior to the norm lly scheduled work. Outside Employment - shall Standard Operating Proced orders. No City unif equipment used. e controlled by the City's and departmental general shall be worn or City P.B.A. Contract Article 18 October 1, 1998 to September 30, 2001 22 H Section 1. The following sh II be paid holidays for regular full-time employe s: NEW Y , S DAY MEMO INDEPE S DAY VETE THANKS FRIDAY AFTER DAY EVE DAY Section 2. Holidays will be as the actual day of the holiday for the purposes of liday pay. Employees regularly scheduled to work Monday through Friday may be required to take the observed, rather than the ac ual holiday as their designated holiday. Section 3. No regular full-ti e employees shall receive pay for a holiday unless he is in or actually works his normal schedule on the day ately preceding and following the day on which the holiday is For purposes of this Article, "active pay statusU approved sick or annual leave, military leave, jury duty or approved leave with pay. P.B.A. Contract Article 19 October 1, 1998 to September 30, 2001 23 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-hal of the employee's regular hourly wage for each hour worked durin the holiday. Section 5. Regular scheduled shift hours holiday. full-tim employees will receive their ( 8 or 0 hours ) as holiday pay for the P.B.A. Contract Article 19 October 1, 1998 to September 30, 2001 24 Section 1. ELIGIBILITY 20 Only regular full-time employe s 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 LEAVE: EMPLOYMENT 1 year but less than 5 years 5 years but less than 10 years 10 years and over 3.33 5.00 6.67 FULL TIME ANNUAL 10 Working Days (80 Hours) 15 Working Days (120 Hours) 20 Working Days (160 Hours) (b) No annual leave may be ta en during the first six months of employment. (c) Annual leave accrual rate changes take effect on the pay period closest to an em loyee's anniversary date. For the purpose of this secti n "anniversary dateU shall mean those one year increment from the date of employment. Section 3. RE E (a) A request be submitted in writing to the employee's Depart ent Head. P.B.A. Contract Article 20 October 1, 1998 to September 30, 2001 25 ARTICLE 20 LEAVE Section 1. ELIGIBILITY Only regular full-time empl yees 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 LEAVE: EMPLOYMENT SEMI-MON'lHLY ACCRUAL FULL TIME ANNUAL FATE 1 year but less than 5 years 5 years but less than 10 years 10 years and over 3.3 Hours 10 Working Days ( 80 Hours) 5.0C Hours 15 Working Days (120 Hours) 6.6 Hours 20 Working Days (160 Hours) (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 se tion "anniversary daten shall mean those one year increm~nts from the date of employment. Section 3. REOUEST FOR ANNUA LEAVE (a) A request for annual leave shall be submitted in writing to the employee's Dep rtment Head. P.B.A. Contract Article 20 October 1, 1998 to September 30, 2001 (b) A request for leave shall not be granted if the employee has no accrued balance f annual leave. Annual leave shall not be used in adv nee of its being earned. (c) The minimum charge aga' nst the accrued annual leave balance is one hour. One hour shall be deducted from an employee's accrued leav balance for each hour of pay thereof that an employee's actually absent from his duty station. (d) No annual leave may be t ken in advance of its approval by the Department Head. Section 4. USE OF ANNUAL LEAVE (a) Annual leave may be used for the following reasons: (1) Vacation (2) Absences from business which working hours. (3) Religious holidays not designated as official holidays. (4) Medical leave if exhausted. (5) Any other absences not covered by existing leave provisions, in the d'scretion of the City. An employee who becomes sick while on annual leave may substitute accrued sick leave for annual leave for the period of illness. Upo the request of his Department Head, the employee shall upply appropriate certification from a physician as to he nature and duration of the illness. c. Annual leave may be accrue employee's annual vacation duty for transaction can ot be conducted of personal outside of ick leave balance has been (b) up to a maximum of twice the ntitlement. P.B.A. Contract Article 20 October 1, 1998 to September 30, 2001 26 Section 5. CASH-IN POLICY Employees may request to ca h-in 40 hours of accrued vacation time under the following pr cedures: 1. The employee mus request the cash-in of 40 hours annual leave rch of the preceding year. 2. The employee can ash in only 40 hours (no more, no less) . 3. The employee mus have an accrued vacation balance of at least 60 ho rs upon the date of cash-in. 4. The employee will receive the 40 hours of cashed - in vacation hours during a regular pay day. Section 6. Upon retirement, resignati service of the City, a regular f to be paid for his accrued bala pay received by the employee on NT or other separation from the ll-time employee shall be entitled ce of annual leave at the rate or the date of separation. P.B.A. Contract Article 20 October 1, 1998 to September 30, 2001 27 AVE Section 1. ELIGIBILITY Only regular full-time emp oyees are eligible for sick leave with pay. Section 2 . (a) Regular full-time emp accrue sick leave at the rate of 4.0 hours per pay peri of sick leave with pay for each two week period of employme t to a maximum of 12 days per year. (b) Sick leave does not ccrue while an employee is on leave of absence, leave without ay, or sick leave, unless the sick leave is the result of injury in the line of duty. Section 3. (a) An employee who is in apacitated and unable to work shall notify his employer prio to the employee's scheduled reporting time. The employee hall 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 has a doctor's note excusing the employee for an period of time. The City reserves the right to requ st the employee go to another physician, at the City's expense, to verify the length of time needed to be out. (b) Upon the employee's return to work, appropriate written documentation of the mployee's sick leave will be submitted by the employee to th City Manager or his designee when the employee is out of work for three (3) or more consecutive days. P.B.A. Contract Article 21 Octobe 1, 1998 to September 30, 2001 28 Section 4 . USE OF SICK LEAVE Sick leave may be used for the ollowing reasons: (1 ) Employee ill health 0 maternity; (2) Medical, dental, or optical treatment required during working hours; Quarantine due to exp sure to infectious disease; Employee ill health wile on annual leave; In connection with Wo ker's Compensation; For death in employee's immediate family to extend bereavement leave; Illness of an immediat family member requiring the employee to remain at home with ill family member. (b) Whenever it appears hat an employee abuses sick leave, such as when an employee consistently uses sick leave immediately upon its being accru d or before or after holidays or scheduled days off, the loyee shall be required to furnish competent proof of th necessity for the claimed absence due to illness. The City reserves the right to require a physician's certifica ion in all cases of reported illness. Abuse of sick leave hall constitute grounds for disciplinary action. (c) Sick leave may not illness or injury sustained while (3) (4 ) (5) ( 6) (7 ) for absences engaged in due to outside employment. (d) Every employee entitl d to sick leave benefits and who does not take any sick leav during such yearly period, shall be given one day's pay, wh'ch payment made in the first pay period in December, and, in shall be given his birthday off with pay, subject t the work schedule and at the department head's approval. P.B.A. Contract Article 21 October 1, 1998 to September 30, 2001 29 If work requirements do not r asonably permit the employee to take off from work on his bir hday or if the birthday falls on a holiday or day off, some 0 her mutually agreeable day near the employee's birthday may taken off with pay. The day's pay shall consist the number of Shift assignment that the individual is currently Section 5. RETIREMENT F L Upon retirement and after (10) years of service to the City, a regular full-time e ployee shall be entitled to be paid for the balance of sick eave at his current rate of pay up to a maximum of 425 ho rs at the following rate and schedule: 10 years serv ce 50% 13 years serv'ce 55'~ 14 years serv ce 60% 15 years serv'ce 65~; 16 years serv ce 70% 17 years serv ce 75% P.B.A. Contract Article 21 Oct ber 1, 1998 to September 30, 2001 30 M 22 PAID LEAVE Section 1. FUNERAL LEAVE with the approval of the epartment Head, paid funeral leave not to exceed three con ecuti ve working days may be granted to a regular full-time employee in the event of a death in the employees immediate family. For purposes of this provision, an employee's immediate family is defined as the employee's spouse, father, mot er, son, daughter, brother, sister, father-in-law, grandchildren, grandparent or any relative who s domiciled in the employee's household. Funeral leave shall be charged to annual sick leave or to compensatory time. y absence in excess of three days in connection with funeral leave will be charged to accrued sick leave or, to ccrued annual leave, at the employee's option. Section 2. COURT LEAVE Employees attending court s a witness on behalf of a public jurisdiction or for j u y duty during their normal working hours shall receive leav with pay for the hours they attend court. All regular employees sub oenaed 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. Employees who attend cour for only a portion of a regularly scheduled work day sha 1 report to their supervisor when excused or released by the court. P.B.A. Contract Article 22 Octobe 1, 1998 to September 30, 2001 31 Employees required to at vacation may be allowed to vacation leave for such appearance meets the requiremen court while on scheduled court leave instead of provided that the court of this section. Section 3. DISABILITY LEAVE A. Any regular full-time emp oyee who sustains a temporary disability as a result of and ar'sing out of employment by the City as provided by the Worker's Compensation Law of the State of Florida, shall, in addition 0 the benefits payable under the worker's Compensation Law b entitled to the following: (1) During the first eigh disability, the employee shall based upon his/her net take hom Compensation indemnity payment. (2) Therefore, the employe may utilize any accrued sick or annual leave in order to eive supplemental pay based upon his/her net take home reduced by the Worker's Compensation indemnity payment u til such annual or sick leave is exhausted. (3)There after, the City ma , at its discretion, grant an unpaid leave of absence to the for a period not to exceed one year. B. If an employee, due t an on-the-job injury, is temporarily or partially disabl from performing the duties of his/her classification, but is determined to be able to perform light duty by a physicia designated by the City, the employee may be required to pe form such duty or lose the employment connected disability leave supplemental benefits. Assignment to light duty shal be considered a temporary assignment, without reduction i pay. Y (80) working days of such eceive net supplemental pay pay reduced by the Worker's P.B.A. Contract Article 22 October 1, 1998 to September 30, 2001 32 Such reassignment shall be t other duties commensurate with medical and mental fitness, a ailability of suitable work, and the employee's qualification for the position. An employee shall not be permitted to co tinue in a light duty position after reaching his maximum m dical improvement. C.Any employee who suffer an employment connected injury may be required by the City examined every twenty (20) working days by a medical doctor, specified and provided by the City, who shall determi employee's condition and fitness for full or partial to duty. D. No employee will be e titled to employment connected disability leave with the b nefits described herein if the injury suffered has been dete mined to have been the result of intentional self-infliction 0 where the disability or illness continues as a result of the employee's failure to cooperate with medical advice or corre tive therapy. E. While receiving em loyment connected disability benefits, an employee shall b entitled to all benefits which he would normally receive pur uant to his employment with the City. Section 4. MILITARY LEAVE A. Regular full-time who are commissioned reserve officers or reserve personnel in the United States Military or Naval Ser ices or members of the Florida National guard shall be to leaves of absence for their respective duties with ut loss of pay, vacation leave, efficiency rating or time for such time as they shall be ordered to military service r training in an active duty or inactive duty for training st period not to exceed seventeen (17) working days n anyone annual period. P.B.A. Contract Article 22 Oct ber 1, 1998 to September 30, 2001 33 B. The employee shall be re uired to submit an order or statement from the appropriate m'litary commander as evidence of any such duty. Such order or statement must accompany the formal request for military 1 ave at least two weeks in advance. C. Regular full-time emplo ees who are members of the Armed forces Reserve or National Guard shall be excused from work without pay 0 attend active or inactive duty training drills as require in excess of seventeen (17) working days in anyone annual p Evidence of membership in the applicable organizatio shall be provided to the department by the employee, req ests for such absences from work can be made by the employee either orally or in writing. The submission of the applicab e Reserve or National Guard training schedule will satisfy t is requirement. Except upon declaration of civil emergency conditions, if there lS a conflict between departmental schedule and the required military training, the departme t will make every effort to excuse the employee from work. Section 5. PERSONAL LEAVE A. Each regular full-time e ployee shall be entitled to three (3) days of personal lea year to be taken from that employee's accrued sick lea the employee's option, with the approval of the Chief No personal leave shall be taken to extend any va ation or holiday. B. I f an employee takes 0 e or more days of personal leave, such leave shall a day of sick leave within the meaning of Paragraph (d) on age 37 of this Agreement (use sick leave) and, as such, shall forfeit the extra day's pay and the Birthday holiday provid d therein. P.B.A. Contract Article 22 October 1, 1998 to September 30, 2001 34 23 E A. An employee may be gran leave of absence without pay for a period not to exceed one year for sickness, disability, or other good and sufficient reason which are considered to be in the best interests of the City. 1. Such leave shall require he prior approval of the Chief and the City Manager. 2. Except under unusual ci cumstances, 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 recall d to service if the need for the leave no longer exists. 4. An employee granted a lea e of absence must submit a written statement monthly to the hief of Police advising the Chief of his/her status. A c py of this written status report will be forwarded to the City Manager. 5. Failure of any employee t return to duty upon expiration of his leave of absence sh II constitute the resignation of that employee. 6. Holidays, sick leave, an ual leave, and any other benefits based on time spent in he employ of the City shall not accrue during a leave of bsence, provided however, that the employee may maintain his health insurance program by paying the total cost of his roup insurance program plus the administrative fee allo ed by law. Longevity increases, merit increases, and any other increases for which the P.B.A. Contract Article 23 October 1, 1998 to September 30, 2001 35 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 abs nee 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 a the time of commencement of the leave of absence to the ext available opening in his classification. P.B.A. Contract Article 23 October 1, 1998 to September 30, 2001 36 ART CLE 24 R P IN E Section 1. During the ter of this agreement, the Employer agrees to pay the premiums t provide group health insurance coverage to regular full-ti e employees. It is expressly understood by all parties tha the Employer shall not pay the premium for group health insu ance coverage for any dependent coverage. However, the loyer agrees to provide group health insurance coverage eligible dependents on a payroll deduction basis provided the mployee pays the entire premium for said dependent health in urance coverage. Section 2. The Employer a rees to provide continued group health insurance coverage du ing the term of this agreement for employee coverage to a maximum of $3,900 per year. Any premium in excess 0 per year shall be paid by the employee as a payroll deduc ion. The City will pay $50.00 towards dependent coverage for those employees who are qualified. Section 3. The City agrees to form an employee committee, which will include the P.B.A representatives, to review the current insurance benefits and cost, and to compare the current benefits to those of ered by different companies. P.B.A. Contract Article 24 Oct ber 1, 1998 to September 30, 2001 37 INTERNAL INVE TI 25 A. The parties recognize the security of the City and its Citizens depends to a gre t 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 in olves the employees in all manner of contracts and relation hips with the public and out of such contracts and relation hips, questions may arise or complaints may be concerning the actions of employees covered by this Agreement. Investig of such questions and complaints must necessarily be conducted by, or under the direction of, departmental swor supervisory officials whose primary concern must be the security of the City and preservation of the public inte est. B. In order to maintain t e security of the City and protect the interests of its cit zens, the parties agree that the City must have the unr stricted right to conduct investigations of citizen compl ints and matters of internal security; provided, however, that any investigative interrogation of any employee covered by this Agreement relative to a citizen's complain and/or a matter of internal security shall be conducted unde the following conditions and in accordance with Florida S atue Chapter 112 which is incorporated herein in it's ntirety as a part of this agreement (should Florida Stat e 112 be amended during this Agreement, such amendment shall utomatically be incorporated herein) : P.B.A. Contract Article 25 Octobe 1, 1998 to September 30, 2001 38 ... (1) The interrogation sh II be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of investigation is of such a degree that immediate action is required. (2) The employee under in estigation shall be informed of the nature of the investigat on prior to any interrogation. (3) The employee under in estigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrog tion officer, and all persons present during the interroga ion. All questions directed to the employee under interrogat on shall be asked by and through one (1) interrogator at any (1) time. (4) Interrogation sessions shall be for reasonable periods and shall be timed to allo for such rest periods as are reasonably necessary. All in errogations 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 councilor of any other representative of his hoice, who shall be present at all times during such interr (6) The formal interrogatio of an employee, including all recess periods, shall be r corded, and there shall be no unrecorded questions or stat (7) If the employee under interrogation is under arrest or is likely to be placed un arrest as a result of the interrogation, he shall be ompletely informed of all his Miranda and Garrity v. N.J. ights prior to the commencement of the interrogation. (8) No employee shall be ordered or be able to volunteer to submit to any device desi to measure the truth of his responses during questioning. P.B.A. Contract Article 25 Octo er 1, 1998 to September 30, 2001 39 (9) During interrogations, the employee shall not be subjected to offensive langua e or threats of transfer, dismissal, or other disciplinar actions. The interrogator does not have a promise of reward as an inducement to answering questio (10) During interrogations overed hereunder, questions shall be limited to the ci cumstances surrounding the allegations which are the subje t of the investigation. (ll)In the interest of inte nal security and fairness to the employee under investigatio , the City and the employee, insofar as is legally permissibl , agree to make no statements concerning the investigation until such time as the investigation has been ted. In the event any organization or person represent'ng such employee makes public statements concerning the allega ions under investigation, the City shall have the right to respond to any verified public statement in any manner it deem appropriate. (12) An employee under igation may obtain a copy of any written statement he has ex (13) In all cases interroga ted concerning an department's Rules and Regula result in his dismissal he shall be afforded a reasonab e to contact and consult pri vat choice and a representative interrogated. The attorney and be postponed for no more than t by mutual agreement. an employee is to be lleged violation of the which, if proven, may other disciplinary measure, opportunity and facilities wi th an attorney of his the P.B.A. before being P.B.A. representative may (24) hours, except P.B.A. Contract Article 25 October 1, 1998 to September 30, 2001 40 (14) When any police off'cer has been charged with any violation of Departmental Ru e and Regulations, neither the City nor the employee wi 1 make any public statement concerning the alleged violat'on until after the investigation lS completed. (15) Any employee may be 0 dered 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 test may be given if request d by the employee. (16) No employee will be c mpelled by the City to speak or testify or be questioned by ny non-governmental agency. (17) In cases where City chooses to relieve an employee from duty pending investigation, the following conditions shall prevail: (a) the employee wil allowances shall not lose an time. (b) Should disciplinary acti n result from the investigation, that period of time in the employee was relieved from duty will be included in disciplinary action. In the event that an employee been paid, the employee's accumulated leave or compens time shall be charged as a set-off at the employee's op (18) During internal in estigations or interrogations, questions shall be limited t the circumstances surrounding the officer's alleged violat'on of department rules. (19) The findings of the 'nternal affairs investigation shall be labeled Sustained ( uilty as charged) or Not- Sustained (not guilty). No ther terminology may be used. (20) Only letters of aints from citizens which have been sustained in whole or i part will be inserted in an officer's personnel record. remain on full salary and benefits during this period of P.B.A. Contract Article 25 Octo er 1, 1998 to September 30, 2001 41 " (21) The charge of conduct u becoming an officer will not be employed by the City. (22) The City shall not di just cause and due process. probationary employee without cipline any employee without The City may discharge any st cause or due process. (23) Any employee in a shooting where injury and/or death occurs, the oyee involved shall not be compelled to make any oral written statements. The employee shall be given the nece sary time to consult with his attorney prior to making any or 1 or written statements. C. In any case where the Cit believes there is just cause for loss of payor more disciplinary action the employee and the P.B.A. shall b notified in writing. D. In the event an e becomes the subj ect of a formal departmental or City 'nvestigation arising from a citizen's complaint or allegatio , the department or the City, whichever is appropriate, 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 solel on his exercising any rights provided for in this Article. P.B.A. Contract Article 25 Octobe 1, 1998 to September 30, 2001 42 " E A. The City will provide the llowing equipment at no cost to the employee: 1 hand-held radio all sworn Officers; 4 pairs of trousers (additional as needed); short-sleeved shirts (additional as needed); 1 long-sleeved dress 1 winter jacket; 1 summer jacket; 2 pairs of year as needed; 1 sidearm and ammunition; 2 insignias, as needed; 1 large badge; 1 small badge; 1 rechargeab e flashlight; 1 hat; 1 ballistic vest; and, all leather gear. B. Any employee who shall rece've any breakage, loss or damage to any of the above listed equip ent, in the line of duty, shall have such equipment replaced at no cost to the employee. Personal equipment which is lost, broken r 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 re lacement cost; eyeglasses up to $200; and miscellaneous items not 0 exceed $100. As to all times listed in this paragraph (B), each employee shall submit a list of such i terns for filing with the hief of Police. Items not so listed shall not be replaced at he cost of the City. When any such item is charged, it is the r sponsibility of the employee to amend his list on file with the C ief. C. Each employee will receiv $45.00 per month for uniform cleaning. D. If any Vehicle driver find any fault in the vehicle which might constitutes a safety hazar, the driver shall immediately advise his Shift Commander. If he Shift Commander agrees, the vehicle will not be returned to du y until the safety hazard(s) are eliminated. P.B.A. Contract Article 26 October 1 1998 to September 30, 2001 43 E. The Ci ty will arrange have each vehicle thoroughly inspected by a qualified Officer on a monthly basis. F. Patrol vehicles will co tain the following equipment in working order: rotating emergenc light; siren; loudspeaker; two- way radio; shot gun and shells; irst aid kit; fire extinguisher; raincoat; reflectorized wind brea er; and, a prisoner cage guard in all vehicles which shall be used to transport prisoners. G. Ballistic vests will be wo n in accordance with departmental policy. Ballistic vests shall be tailored to each individual officer. An officer may be excu ed from wearing a ballistic vest for medical reasons as determined by a physician selected by the City. P. B.A. Contract Article 26 October , 1998 to September 30, 2001 44 1. Promotion to Sergeant: A. Whenever a budgeted prom tional vacancy exists in the rank of Sergeant, the City shall romote an employee to fill such vacancy within thirty (30) days, from an existing eligibility list, if such a list is in existe ceo Should there be no valid eligibility list at the time a b dgeted promotional vacancy occurs, the City shall establish a new e igibility list within one hundred twenty (120) days. Upon certifi ation of the new eligibility list, the budgeted promotional vaca cy shall be filled. Effective October 1, 1994, the position of Senior Investigator will be abolished and a Sergeant posit'on will be created, following the promotional procedures as outli in this Article. B. The promotional probation ry period shall be six (6) months in duration. The probationar period can be extended for one additional three(3) month period by the City Manager. The probationary period may be fur her extended if the probationary employee is incapacitated becau e of illness or injury. If an employee promoted to he position of Sergeant if found unsui ted for the work of the position during the probationary period, he/she shall be reinsta ed to his/her former position. C. A promotional examination will be given annually. An eligibility list will be establ shed to become effective upon the expiration of the previous eli ibility 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 xhausted, whichever occurs first. D. TESTING CRITERIA AND SCO ES Promotions to the rank of Sergeant will be made from an eligibility list, the ranking of which will be determined by the following: P.B.A. Contract Article 27 October 1, 1998 to September 30, 2001 45 ... WRITTEN EXAMINATIO 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 the Chief of Police. The City Manager, or hi designee, will coordinate the Oral Board to ensure compliance ith the City's recruitment and selection procedure. The Chief ma also select one person from the Sebastian Police Department to s rve as a resource person. The resource person to the Board shall have no input into the screening or grading of applicants. F. RANK ELIGIBILITY An officer will become eligib e for the rank of Sergeant four (4) years from his date of emplo ent by the City as a full-time police officer or after having s rved two (2) years as a police officer with the City of and two (2) years of satisfactory service as a law 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 fi 1 the vacant position. P.B.A. Contract Article 27 October 1, 1998 to September 30, 2001 46 A. In a mutual effort provide a harmonious working relationship between the to this Agreement, it is agreed and understood that there will a procedure for the resolution of grievances between the parties a d that such procedure shall cover grievances involving the application or interpretation of this Agreement, and grievances discharge, suspension, demotion, or any other adverse action against a member covered by this Agreement. B. Every effort shall be ma e by the parties to settle every grievance as expeditiously as po Any grievance not answered by Management within the prescri time limits shall automatically advance to the next highest ste. Should the grieving party fail to observe the time limits as set forth in the steps of this Article, his grievance shall be onsidered conclusively abandoned. C. Where a grievance is gen 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 b the P.B.A.'s representative, in writing, directly to the City anager, Step 4, within ten (10) calendar days bo the occurrence of the event(s). D. Grievances shall be pres nted in the following manner: (1) Step 1.The employee shall f rst take up his grievance with his immediate supervisor with'n ten (10) calendar days of the occurrence of the event(s) hich gave rise to the grievance or from the date on which the employee became knowledgeable of the choice of action. If t e event(s) which give rise to the grievance occurred at the t me when the employee was on annual leave, sick leave, or other compensated leave, the ten (10) calendar day period shall commence running immediately upon P.B.A. Contract Article 28 o tober 1, 1988 to September 30, 2001 47 the employee's return such if the event(s) which give rise to the grievance a compensated leave. The first step shall be on an nformal and oral basis. Step 2.Any grievance whic cannot be satisfactorily settled with the immediate supervi or shall be reduced to writing by the employee and shall next be taken up with the Department Head through a representati e of the P.B.A. and the employee. The grievance as specifie in writing shall be discussed by and between the employee nd P.B.A. representative and the Department Head wi thin t n (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 th P.B.A. Step 3.Any grievance which annot be satisfactorily settled at Step 1 shall be reduced to writing by the employee and shall next be taken up with the uman Resources Director through a representative of the P.B.A and the employee. The grievance, as specified in writing sha 1 be discussed by and between the employee, the P.B.A. representative and the Human Resources Director wi thin ten (10) alendar days after completion of Step 2. The Human Resourc s Director shall, within five (5) working days after this iscussion, render a decision in writing, with a copy to th P.B.A. Step 4.Any grievance which annot 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 sha 1 be discussed by and between the employee and P.B.A. represe tative 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 deci ion in writing, with a copy to the P. B.A. P.B.A. Contract Article 28 o tober 1, 1988 to September 30, 2001 48 E. All the above mentioned time frames may be extended in writing by mutual agreement. F. ARBITRATION 1. In the event a grievanc processed through the grievance procedure has not been resolve in Step 4 above, the P.B.A. may request that the grievance be submitted to arbitration wi thin fifteen (15) days after the City Manager renders a written decision on the grievance. The arbi tr tor may be an impartial person mutually agreed upon by and bet the parties. If an impartial arbitrator cannot be mutually ag upon within fifteen (15) days after the grievance is submitted to arbitration, the parties shall jointly request the Federal Med'ation and Conciliation Service to furnish a panel of seven (7) nam s from which each party shall have the option, within five (5) of 'ts receipt, of striking three (3) names in alternating fashion, th s leaving one name which shall be named the impartial neutral arb'trator. The City and the P.B.A. shall mutually attempt to agree in writing as to the statement of the grievance to be arbitrated rior to the arbitration hearing, and the arbitrator shall his decision to the particular grievance thus specified. In t e event the parties fail to agree on the statement of the grievan e to be submitted to the written statement which both the grieva t and the City presented in Steps 2 and 3. The arbitrator shall fashion an appropriate remedy for violations of the provisions co tained in this Agreement. 2. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise Iter or supplement this Agreement or any part thereof or amendment thereto. The arbitration hearing shall be conducted in the rules of procedure promulgated by the Federal Medi Conciliation Service. 3. Each party shall bear th expense of its own witnesses and of its own representatives for p rposes of the arbitration hearing. P.B.A. Contract Article 28 o tober 1, 1988 to September 30, 2001 49 The impartial arbitrator's fee , including costs of arbitration transcripts, if any, and the ex ense of obtaining a hearing room, if any, shall be paid by the lo ing party. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually ag such cost. 4. Copies of the arbitrator s decision shall be furnished to both parties wi thin thirty days after the close of the arbitration hearing. The arbitr tor's decision shall be final and binding on the parties. P.B.A. Contract Article 28 October 1, 1988 to September 30, 2001 50 29 1. On October 1,1998 all s eps of pay grade 27 shall be adjusted upward by two percent (2%) and all employees of the bargaining unit in pay grade 27 hall have their pay adjusted upward by two percent (2%). e City shall add three (3) addi tional (3%) to the current pay plan. The City shall adjust p 30 upward by seven percent (7%) and all bargaining nit employees in pay grade 30 shall have their pay adjusted pward by seven percent (7%). All employees in the bargaini g unit will be eligible for movement to the next higher step in the pay plan upon receipt of an annual evaluation which is satisfactory or higher on the pay period closest to hislher anniversary date. The City step Pay Plan is attached as Exhibit A. 2. Effective 10101/99, all steps in pay grade 27 shall be adjusted upward by two percent %) and all steps in pay grade 30 by five percent (5%). All e ployees shall have their pay adjusted accordingly with thei respective pay grade. Each regular full~time employee also be eligible for movement to the next step In the pay plan upon receipt of an annual evaluation which is a least s tisfactory on the pay period closest to his anniversary date. The City Step Pay Plan for 1999/2000 is attached hereto as Exhibit B. 3. Effective 10101/00, all steps in pay grade 27 shall be adjusted upward by two percent %) and all steps in pay grade 30 by three percent (3%). All e ployees shall have their pay adj usted accordingly to their respective pay grade. 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 s tis factory on the pay period closest to his anniversary date. P.B.A. Contract Article 29 Octobe 1, 1998 to September 30, 2001 51 The City step Pay Plan for 000/01 is attached hereto as Exhibit C. 4. For the purpose of this Agreement, the term anniversary date shall mean the annual ann'versary 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, uch employee's anniversary date shall change to that date wh'ch is the anniversary of his commencement of duties in the new job title. 5. A new police wi thout any demonstrated education, training or in that job title, shall be placed at step One. This e ployee shall be eligible for movement to Step Two at the ompletion of his first year of continuous, unbroken employm nt with the City in his job classification; provided that uch employee receives at least a satisfactory performance e aluation upon his anniversary date. 6. The City reserves right, based upon a new employee's previous educatio , training and experience, to exercise lateral entry and initially place such employee in any of the pay steps three (3) or less which are allocated for the job police officer. 7. In the event a Police fficer is promoted to the job classification of Sergeant, he promoted employee shall be entitled to the entry level r Sergeant or a 5% increase in pay to the closest higher step for Sergeant, whichever lS greater. 8. On or after October 1, 1998, all permanent employees shall advance to the next high r pay step for their job title upon receipt of an annual valuation which is at least satisfactory. In the event an employee's performance is below P.B.A. Contract Article 29 Octo er 1, 1998 to September 30, 2001 52 satisfactory, the City shall i form the employee, in writing, of his specific deficiencie and allow the employee a reasonable time, not to ninety (90) days, to correct his performance. The City shall delay movement of the employee to the next pay ste for his job title until such deficiencies are corrected. 9. Step increases, as set orth 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 cont 10. All investigators receive a non-uniformed clothing allowance amount of five hundred ($500) dollars payable in one lump s payment on October 1st of each year. In the event an officer does not remain an Investigator of the entire fiscal year fter receiving his clothing allowance, the officer shall repay the City of a pro rata basis. P.B.A. Contract Article 29 Octob r 1, 1998 to September 30, 2001 A. Subject to these inistrative procedures, and employee in the Bargaining Unit may be requested to submit to an approved chemical test fo the existence of controlled substances. Unless otherwise p ovided, the approved test will be based upon a urine sampl In the case of suspected alcohol abuse, a breathalyser xamination 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, af a conditional offer of employment is made, are requ to take a pre-employment physical, which includes a dru test. (b) Whenever a bargainin unit employee is involved in an accident, the City may req drug or alcohol test to determine whether substance abuse was a factor in the accident. When an employee who tested positive in a drug I 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 empl yee is under the influence of alcohol or drugs, herein d to as a substance, the City may require the employee irnmedi tely go to a medical facility to provide both urine and specimens for the purpose of testing and to receive a ss for work examination by a licensed physician. P.B.A. Contract Article 30 Octob r 1, 1998 to September 30, 2001 (e) The following proc shall be utilized in determining whether reasonable suspicion is present: (1) A police supervisor a ove the rank of sergeant must believe that there exists a easonable suspicion that the employee appeared to be unde the influence of drugs or alcohol while on duty with the City: Chief of Police or his designee, the City Manager 0 his designee, or the City Attorney or his designee. (2) This individual must ersonally observe the behavior of the suspected employee while the employee is on duty to corroborate the factual basis of finding of reasonable SUsplClon. (3) The supervisor who act ally observed the behavior of the suspected employee shall i dependently fill out a dated, confidential report describing the behavior of the employee that supports a reasonable susp'cion that the employee may be under the influence of a drug r alcohol. (4) The Areas of Observation f rm shall read as follows: Areas of Observation - D Time: Demeanor -- agitated-agg essive-passive-cooperative Speech--slurred-loud-qui t-rambling-incoherent-normal Eyes -- bloodshot-dilate -closed-moist-normal Breath--alcohol odor-mar'juana odor-normal Coordinate-- fumbling-je ky-slow reacting-normal Actions -- talkative-thr atening-calm-erratic-normal Skin -- sweaty-flushed-p le-clammy-normal Walking--unsteady-stagge ing-slow-normal Standing--swaying-rigid- eet wide apart-normal Additional Comments- P.B.A. Contract Article 30 Octobe 1, 1998 to September 30, 2001 55 A copy of the completed fo m shall be made immediately available, upon demand, to a r presentative of the bargaining unit. (5) If a finding of reasonable suspicion is made by a police supervisor, the empl yee under suspicion shall be required to explain the reason for the observed behavior. If the employee refuses to so respond, the employee can be requested to submit to a dru or alcohol test basted on the facts known to the supervlS r at the time the request is presented to the employee. If the employee explains the suspected behavior but the s pervisor is not satisfied with the explanation, the employee may be requested to consent to drug or alcohol testing. 2. If an employee i requested to submit to a drug/alcohol test after the a ove procedures are met and the employee refuses to submit to such testing, the employee may be disciplined in accordanc with the Standard Operating Procedures of the City. B. The initial drug tes shall be the EMIT test, which shall be administered by a edically recognized laboratory chosen by the City. If the in tial test is positive, a second test, the gas chromatography/mass spectrometry (GC/MS) test shall be conducted by a lie nsed facility selected by the City. 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 perating Procedures, and other applicable laws, if any. 2. If the EMIT or GC/MS is not positive, the results of the chemical testing shall be deemed negative and no disciplinary action shall be aken. P.B.A. Contract Article 30 Octo er 1, 1998 to September 30, 2001 56 3. Disciplinary action may 'nclude required rehabilitation and/or punitive actions up 0 and including discharge, depending upon the facts. c. The procedure outline 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 informatio , such individual (s) may be subject to discipline. Strict confidentiality is of utmost importance. 1. Should the GC/MS test b positive and a resolution of the matter between the City and 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 confidentia nature of the investigation shall be open to the necessary to institute disciplinary action. 2. Should either the EMIT r GC/MS test be negative, the entire procedure in the case s all remain confidential with the results of the chemical te and documents pertaining thereto maintained in the emplo medical file and not the employee's personnel file. 3. If, in any given case, here is found to be no basis for administrative action, facts and circumstances pertaining there to shall remai confidential. The City shall, if necessary, request the epartment of Archives for permission to have all written records destroyed. P.B.A. Contract Article 30 Octobe 1, 1998 to September 30, 2001 57 .. ARTIe E 31 HEALTH 1. 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Y)- O O~ ~~ (,ON ;; M. M b")- o M""': If.!f:?l 10M ~N. M (fi- o co""': ~~ 10M - - ~b")-;;:; \'O(fl- ~VI 62 ARTIe E 32 TERM F T This Agreement shall take eff ct on October 1,1998 and remaln in effect until September 30, By mutual agreement of the parties, changes to this Agreeme t made may be made at any time, but neither has any duty to gree to any such out-of-term portion of this Agreement is by the appropriate court of clause or portion shall be Agreement shall remain in full reopeners. If nay Article, clause, ultimately found to be invali jurisdiction, such Articl , invalidated, while force and effect. In witness whereof, the p Agreement, this ____ Day of hereby enter into this 19 COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION CITY OF SEBASTIAN, FLORIDA By: By: Debra Maynard, Police Sergean Thomas W. Frame, City Manager By: Steven Marcinik, Police Offic r Patrick L. McGuire, Jr. BYV~ Ruth Sullivan, Mayor By: Approved to form and content By: Attest: Kathryn M. O'Halloran, City Clerk r, City Attorn y P.B.A. Contract Article 32 October 1, 1998 to September 30, 2001 59 , . , ~ 32 EMENT This Agreement shall take ef on October 1,1998 and remain in effect until September 30, 2 01. By mutual agreement of the parties, changes to this Agreem nt made may be made at any time, but neither has any duty to any such out-of-term reopeners. If nay Article, clause, portion of this Agreement is ul timately found to be by the appropriate court of jurisdiction, only such clause or portion shall be invalidated, while the rest of t e Agreement shall remain in full force and effect. hereby enter into this ,19_ In witness whereof, the Agreement, this _ Day of COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION CITY OF SEBASTIAN, FLORIDA By: By: Steven Marcinik, Police Offi er Thomas W. Frame, City'Manager Debra Maynard, Police Sergea t By: By: By: p~ Patrick L. McGuire, Jr. Ruth Sullivan, Mayor Approved 7~n form and content By: ~~~ Richard Strlnge , Clty Attor ey Attest: Kathryn M. O'Halloran, City Clerk P.B.A. Contract Article 32 Octobe 1, 1998 to September 30, 2001 59 , , . , . ...' ' TE This Agreement shall take ef ect on October 1,1998 and remain in effect until September 30, 2 01. 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 nay Article, clause, or ultimately found to be invali j ur i sdiction, only such invalidated, while the rest of t force and effect. In witness whereof, the Agreement, this ____ Day of portion of this Agreement is by the appropriate court of clause or portion shall be e Agreement shall remain in full rties hereby enter into this , 19____ COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION CITY OF SEBASTIAN, FLORIDA By: By: Debra Maynard, Police Sergea t Thomas W. Frame, City Manager By: Steven Marcinik, Police Officer By: By: ~r- Patrick L. McGuire, Jr. Ruth Sul~ivan, Mayor ::~?(J2: ~~~nd content Richard String~ Attar ey Attest: Kathryn M. O'Halloran, City Clerk P.B.A. Contract Article 32 October 1, 1998 to September 30, 2001 59 COLLECTIVE BARGAINING AGREEMENT between THE CITY OF SEBASTIAN , FLORIDA . and COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION , INC . Contract runs from: October 1, 1998 to September 30, 2001 November 12, 1998 r TABLE OF CONTENTS ARTICLE PAGE 1 Preamble 1 2 Recognition 2 3 Employee Rights 3 4 Managements Rights 4 5 P.B.A. Representation 5-6 6 No Strike 7 7 Bulletin Boards 8 8 Due Deductions 9 9 Employee/Management Committee 10 10 Personnel Records 11-12 11 Voting/Political Activity 13 12 Seniority 14-15 13 Probationary Personnel 16 14 Temporary Assignment/Higher Classification 17 15 Legal Benefits 18 16 Training 19 PBA Contract October 1, 1998 to September 30, 2001 Table of Contents 17 Education 20-22 18 Hours of Work and Overtime 23-24 19 Holidays 25-26 20 Annual Leave 27-29 21 Sick Leave 30-32 22 Miscellaneous Paid Leave 33-36 23 Leave of Absence 37-38 24 Group Insurance 39 25 Internal Investigations 40-44 26 Equipment and Vehicles 45-46 27 Promotions 47-48 28 Grievance and Arbitration Procedures 49-52 29 Wages 53-55 30 Substance Abuse Testing 56-59 31 Health& Safety 60 32 Terms of Agreement 61 Appendix A 1998/1999 Salary Chart 62 Appendix B 1999/2000 Salary Chart 63 Appendix C 2000/2001 Salary Chart 64 PBA Contract October 1, 1998 to September 30, 2001 Table of Contents 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." and has as its purpose to set forth the agreement of the parties on conditions of employment of the employees in the bargaining unit and to promote harmonious relations between the City and the P.B.A. P.B.A. Contract Article 1 October 1, 1998 to September 30, 2001 1 ARTICLE 2 RECOGNITION The City hereby recognizes the P.B.A. as the exclusive bargaining agent for all matters affecting wages, hours, and other items, and conditions of employment for those employees in the bargaining unit certified by the Public Employees Relations Commission, Certification No. 95E-194 . P.B.A. Contract Article 2 October 1, 1998 to September 30, 2001 2 ARTICLE 3 EMPLOYEE RIGHTS A. The City and P.B.A. agree that the bargaining unit possess the rights enumerated in 112 . 532, Florida Statutes, and are entitled these rights without interference, restraint, or coercion from any person. This includes Union representation in any discussion between the employee and representatives of the city. It is also understood that the bargaining unit has as its goal to serve the citizens of Sebastian, Florida. B. 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. 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 . P.B.A. Contract Article 3 October 1, 1998 to September 30, 2001 3 ARTICLE 4 MANAGEMENT' S RIGHTS The management of the City and the direction of the workforce is vested exclusively in the City subject to the terms of this agreement. Nothing in this Agreement shall affect the right of the City to determine the standards of service offered the public; to maintain the efficiency of the City' s operations; to determine the methods, means and personnel by which the City' s operations are to be conducted; to direct the work of its employees; to hire, promote, demote, transfer, assign and retain employees in positions; to discipline, suspend or discharge employees for just cause and to relieve employees from duty because of lack of work; or to take any action, not inconsistent with the express provisions of this Agreement, necessary to carry out the mission of the City. All matters not expressly covered by the language of this agreement may be administered for its duration by the City in accordance with such policy or procedure as the City from time to time may determine. The above-mentioned Management rights are not to be interpreted as being all-inclusive, but merely indicate the type of rights which belong to and are inherent to Management. It is understood that any rights Management had prior to the signing of this agreement are retained by Management and will be exercised in accordance with this agreement, where appropriate . P.B.A. Contract Article 4 October 1, 1998 to September 30, 2001 4 ARTICLE 5 P .B .A. REPRESENTATION Section 1 . The Employer agrees to recognize elected officers and Union Representatives of the P.B.A. The Employer agrees that during the terms of this Agreement it will deal only with such authorized representatives in matters requiring official action by the parties in accordance with this Agreement. The P.B.A. agrees to supply the Employer with a list of authorized representatives in matters requiring official action by the parties in accordance with this Agreement. P.B.A shall appoint one (1) bargaining unit member from all of the units represented by P.B.A. to serve as the Unit Rep for all the employees in those units . The Unit Rep and the alternate Unit Rep shall be a City employee on payroll status and shall be responsible for labor relations activities associated with the administration of this Agreement. Furthermore, he/she shall be responsible for coordinating and processing of grievances for all the Local Union members, and shall conduct activities to avoid overlapping or duplicating services of any other union representatives . These activities shall be conducted without disrupting the work of any City employees who are not directly involved. Section 2 . The P.B.A. agrees that Unit Representatives shall not be permitted to leave their assigned duty stations during working hours without authorization of the Supervisor or 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 . P.B.A. Contract Article 5 October 1, 1998 to September 30, 2001 5 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. 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. P.B.A. Contract Article 5 October 1, 1998 to September 30, 2001 6 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 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. 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 . P.B.A. Contract Article 6 October 1, 1993 to September 30, 2001 7 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. meeting. 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. 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. P.B.A. Contract Article 7 October 1, 1998 to September 30, 2001 8 ARTICLE C 8 DUES DEDUCTIONS Section 1 . Any member of the bargaining unit may have his membership dues deducted from his wages . Dues shall be duducted twice a month and shall thereafter be transmitted monthly to the P.B.A. , accompained by a list of those employee' s 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. Section 3 . PBA or the employee, upon the presentation of dues deduction form, duly executed by the individual employees covered by this Agreement, shall be entitled to have such employees ' membership dues or service fees deducted from their paychecks on a bi-weekly basis and remitted to the PBA on a monthly basis accompanied by a list of those employees' names whose dues are included. . An assignment of wages/Dues deduction may be canceled by the employee on thirty (30) days notice to the City and to the Union. The Union agrees to indemnify and hold harmless the Employer from any loss or damages due to payroll errors arising from the operation of this Article. P.B.A. Contract Article 8 October 1, 1998 to September 30, 2001 9 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 . P.B.A. Contract Article 9 October 1, 1998 to September 30, 2001 10 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 . This file shall be maintained by the Chief of Police and shall be kept at the Police Department B. The City will have the employee sign for a copy of any adverse action document to be placed in an employee' s personnel file prior to the document being placed into the file. 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. P.B.A. Contract Article 10 October 1, 1998 to September 30, 2001 11 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 issued as long as the same or a similar situation has not occurred. 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. P.B.A. Contract Article 10 October 1, 1998 to September 30, 2001 12 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. P.B.A. Contract Article 11 October 1, 1998 to September 30, 2001 13 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. E. The City is not obligated to recall an employee after he/she has been on layoff for a period of two (2) years . P.B.A. Contract Article 12 October 1, 1998 to September 30, 2001 14 F. 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/she 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. G. 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. H. 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. I . 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. J. 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. P.B.A. Contract Article 12 October 1, 1998 to September 30, 2001 15 ARTICLE 13 PROBATIONARY PERSONELL A. All new employees in the department shall serve a probationary period of one (1) year, which may be extended for a period not to exceed six (6) months at the Department Head' s discretion, during which time they shall not be entitled to any seniority or tenure rights but during such period shall be subject to all the terms and conditions of this agreement Upon completion of said 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 employee' s seniority rights . B. A probationary employee shall have all the rights of 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. P.B.A. Contract Article 13 October 1, 1998 to September 30, 2001 16 ARTICLE 14 TEMPORARY ASSIGNMENTS / HIGHER CLASS 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 a $1 . 00 an hour increase to their base salary for each hour worked in that higher classification. The provisions of this section shall apply to temporary assignments to the position of Sergeant, Field Training Officer (FTO) . B. Appointment as an Investigator is considered a duty assignment and not a promotion with the same provisions as a temporary assignment . The bargaining unit employee shall receive one step higher than his regular rate of pay to their base pay while serving as an Investigator. P.B.A. Contract Article 14 October 1, 1998 to September 30, 2001 17 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 counter-suits; and, (2) The City agrees to indemnify all employees against judgments levied against them as a result of their actions while acting legally and within the rules and regulations of the Police Department and the City 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. P.B.A. Contract Article 15 October 1, 1998 to September 30, 2001 18 ARTICLE 16 TRAINING AND PHYSICAL FITNESS 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 attain a passing score, as determined and set by the Florida Criminal Justice Standards and Training Commission, at the time of firearms qualifying. D. The City may provide the employees with a library of current publications pertaining to Florida Law Enforcement, including current Florida Statutes . P.B.A. Contract Article 16 October 1, 1998 to September 30, 2001 19 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 . P.B.A. Contract Article 17 October 1, 1998 to September 30, 2001 20 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 . P.B.A. Contract Article 17 October 1, 1998 to September 30, 2001 21 H. SERVICE REOUIREMENT Employees who are reimbursed for such courses agree to remain employed by the City of Sebastian for at least two (2) years after completion of the course. Should an employee leave City service with in two years after completion of the course, he is required to return any payments to the City or it will be deducted from his final paycheck. P.B.A. Contract Article 17 October 1, 1998 to September 30, 2001 22 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 purposes 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 ) 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. D. If an employee has accrued overtime and desires to bank compensatory time at a rate of time and on half 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 bank compensatory time in lieu of pay. P.B.A. Contract Article 18 October 1, 1998 to September 30, 2001 23 The Chief shall attempt to accommodate the desires of the employee as to the time off desired, work schedules and conditions permitting. If no compensatory time is requested, then the employee shall be paid at the overtime rate of time and one half. Employees may bank up to eight (80) hours . Any unused time as of September 30th of each year will be paid to the employee in the next payroll check. 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 and departmental general orders . No City uniform shall be worn or City equipment used. P.B.A. Contract Article 18 October 1, 1998 to September 30, 2001 24 ARTICLE 19 HOLIDAYS Section 1 . The following shall be paid holidays for regular full-time employees : NEW YEAR' S DAY PRESIDENT' S DAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY VETERANS DAY THANKSGIVING DAY FRIDAY AFTER THANKSGIVING DAY CHRISTMAS EVE CHRISTMAS DAY FLOAING HOLIDAY 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. P.B.A. Contract Article 19 October 1, 1998 to September 30, 2001 25 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 or 12 hours ) as holiday pay for the holiday. P.B.A. Contract Article 19 October 1, 1998 to September 30, 2001 26 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 SEMI-MONTHLY FULL TIME ANNUAL LEAVE: EMPLOYMENT ACCRUAL RATE 1 year but less 3 . 33 Hours (80 Hours) than 5 years 5 years but less 5. 00 Hours (120 Hours) than 10 years 10 years and over 6. 67 Hours (160 Hours) (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. P.B.A. Contract Article 20 October 1, 1998 to September 30, 2001 27 (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. (d) No annual leave may be taken in advance of its approval by the 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 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 . P.B.A. Contract Article 20 October 1, 1998 to September 30, 2001 28 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 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. P.B.A. Contract Article 20 October 1, 1998 to September 30, 2001 29 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 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 . P.B.A. Contract Article 21 October 1, 1998 to September 30, 2001 30 Section 4 . USE OF SICK LEAVE (a) Sick leave may be used for the following reasons : Employee ill health or maternity; Medical, dental, or optical treatment required during working hours; Quarantine due to exposure to infectious disease; Employee ill health while on annual leave; In connection with Worker' s Compensation; For death in employee' s immediate family to extend bereavement leave; Illness of an immediate family member requiring the employee to remain at home with ill family member. (b) Whenever it appears that an employee abuses sick leave, such as when an employee consistently uses sick leave immediately upon its being accrued or before or after holidays or scheduled days off, 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 and at the department head' s approval . 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 P.B.A. Contract Article 21 October 1, 1998 to September 30, 2001 31 may be taken off with pay. The day' s pay shall consist of the number of hours of Shift assignment that the individual is currently working. 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 the balance of sick leave at his current rate of pay up to a maximum of 425 hours at the following rate and schedule: 10 years service 50% 13 years service 55% 14 years service 60% 15 years service 65% 16 years service 70% 17 years service 75% P.B.A. Contract Article 21 October 1, 1998 to September 30, 2001 32 0 ' o 1 — ohi SOME x.41 S' "' S .° City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 ARTICLE 22 - MISCELLANEOUS PAID LEAVE This Memorandum of Understanding pertains to the Collective Bargaining Agreement by and between the City of Sebastian and the Coastal Florida Police Benevolent Association, Inc. It is understood and agreed as follows: The City and the Bargaining Unit agree under Article 22, Section 5, Paragraph (A), that each regular full-time bargaining unit member will be entitled to three (3) days of personal leave per year to be taken from that bargaining unit member's accrued sick leave, at the bargaining unit member's option, with the approval of the Chief of Police. On October 1 of each fiscal year the bargaining unit member will be credited with three days of personal leave which will be placed in a personal leave account. Hours will be computed based on shift assignment of the bargaining unit member. Time used from this account will be at either full day increments or on an hourly basis. Should the bargaining unit member change shift assignments after October 1 of the fiscal year the total hours credited on October 1 will remain in effect for the remainder of the fiscal year. Personal leave will not accrue from one year to the next. At the end of the fiscal year if the bargaining unit member did not use any time from his or her Personal Leave Account they will be entitled to a birthday holiday and one (1) extra day's pay per Article 21, Section 4, paragraph (d). Personal Leave will be computed as follows for bargaining unit members assigned to the following shifts: Bargaining unit members assigned to an 8-hour shift- three (3) days or 24 hours Bargaining unit members assigned to a 10-hour shift - three (3) days or 30 hours Bargaining unit members assigned to a 12-hour shift - three (3) days or 36 hours Dated this 30 day of September 1999. r k Debar.' aynard, PBA Repr,_native Ri • _:'°o -wicz, D. -= ARTICLE 22 MISCELLANEOUS PAID LEAVE Section 1 . FUNERAL LEAVE With the approval of the Department Head, paid funeral leave not to exceed three consecutive working days may be granted to a regular full-time employee in the event of a death in the employees 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 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. 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. 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 . 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. P.B.A. Contract Article 22 October 1, 1998 to September 30, 2001 33 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 Worker' s Compensation Law of the State of Florida, shall, in addition to the benefits payable under the worker' s Compensation Law be entitled to the following: (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 Worker' s Compensation indemnity payment. (2) Therefore, 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 Worker' s Compensation indemnity payment until such annual or sick leave is exhausted. (3) There after, 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. P.B.A. Contract Article 22 October 1, 1998 to September 30, 2001 34 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. 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. P.B.A. Contract Article 22 October 1, 1998 to September 30, 2001 35 C. Regular full-time employees who are members of the Armed forces Reserve or Florida National Guard shall be excused from 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 three (3) days of personal leave per year to be taken from that employee' s accrued sick leave, at the employee' s option, with the approval of the Chief of Police. No personal leave shall be taken to extend any vacation or holiday. B. If an employee takes one or more days of personal leave, such leave shall constitute a day of sick leave within the meaning of Paragraph (d) on page 37 of this Agreement (use sick leave) and, as such, shall forfeit the extra day' s pay and the Birthday holiday provided therein. P.B.A. Contract Article 22 October 1, 1998 to September 30, 2001 36 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. 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 P.B.A. Contract Article 23 October 1, 1998 to September 30, 2001 37 employee may become eligible based, in whole or in part, on length of service with the City shall not be credited during any period of leave of absence in excess of thirty (30) days in one calendar year. B. An employee shall return from leave of absence to the same step of his salary grade as at the time of commencement of the leave of absence to the next available opening in his classification. P.B.A. Contract Article 23 October 1, 1998 to September 30, 2001 38 ` 1 W- • OF PELICAN City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 ARTICLE 24 - GROUP INSURANCE This Memorandum of Understanding pertains to the Collective Bargaining Agreement by and between the City of Sebastian and the Coastal Florida Police Benevolent Association. It is understood and agreed as to Article 24 as follows: Article 24, Section 3 - Group Insurance On August 25, 1999,the City completed compliance with the contract requirements through review of the current group health insurance benefits by an employee/management committee. Upon the recommendation of the employee/management committee the City elected to renew its contract with Blue Cross/Blue Shield for health insurance benefits to include annual physicals and renewed its contract with Vision Care Plan for Vision coverage. The City elected to change to Canada Life Insurance Company for its Life Insurance and Long Term Disability benefits. Additionally, for the coming year the City decided to increase its contribution toward dependent coverage beyond the contractual obligation hereunder from$50.00 to 50% of the cost per month toward all group insurance dependent coverage for full-time qualified employees. Any full-time qualified employee who elects to participate in the group insurance dependent coverage option plan will pay the remaining cost of 50% of the premium. Any additional supplemental insurance that is optional coverage to the employee and that employee elects to purchase will be paid for in total by the employee. Dated this 30th day of September 1999. dis a De.s r Maynard `PBA Re-9 • '- = 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. The City will pay $50. 00 towards dependent coverage for those employees who are qualified. Section 3 . The City agrees to form an employee committee, which will include the P.B.A. representatives, to review the current insurance benefits and cost, and to compare the current benefits to those offered by different companies . P.B.A. Contract Article 24 October 1, 1998 to September 30, 2001 39 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 contracts and relationships with the public and out of such contracts 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 and in accordance with Florida Statue Chapter 112 which is incorporated herein in it' s entirety as a part of this agreement (should Florida Statue 112 be amended during this Agreement, such amendment shall automatically be incorporated herein) : (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 P.B.A. Contract Article 25 October 1, 1998 to September 30, 2001 40 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 interrogation 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. (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. P.B.A. Contract Article 25 October 1, 1998 to September 30, 2001 41 (11) In the interest of internal security and fairness to the employee under investigation, the City and the employee, insofar as is legally permissible, agree to make no statements concerning the investigation until such time as the investigation has been completed. In the event any organization or person representing such employee makes public statements concerning the allegations under investigation, the City shall have the right to respond to any verified public statement in any manner it deems appropriate. (12) An employee under investigation may obtain a copy of any written statement he has executed. (13) In all cases wherein an employee is to be interrogated concerning an alleged violation of the department' s Rules and Regulations which, if proven, may result in his dismissal or in some other disciplinary measure, he shall be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his choice and a representative of the P.B.A. before being interrogated. The attorney and the P.B.A. representative 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 Rule 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 test may be given if requested by the employee. ( 16) No employee will be compelled by the City to speak or testify or be questioned by any non-governmental agency. (17) In cases where the City chooses to relieve an employee from duty pending an investigation, the following conditions shall prevail : P.B.A. Contract Article 25 October 1, 1998 to September 30, 2001 42 (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. (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. P.B.A. Contract Article 25 October 1, 1998 to September 30, 2001 43 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. P.B.A. Contract Article 25 October 1, 1998 to September 30, 2001 44 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 weather 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 charged, it is the responsibility of the employee to amend his list on file with the Chief. 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 constitutes 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. P.B.A. Contract Article 26 October 1, 1998 to September 30, 2001 45 E. The City will arrange to have each vehicle thoroughly inspected by a qualified Officer on a monthly basis . F. Patrol vehicles will contain the following equipment in working order: rotating emergency light; siren; loudspeaker; two- way radio; shot gun and shells; first aid kit; fire extinguisher; raincoat; reflectorized wind breaker; and, a prisoner cage guard in all vehicles which shall be used to transport prisoners . G. Ballistic vests will be worn in accordance with departmental policy. Ballistic vests shall be tailored to each individual officer. An officer may be excused from wearing a ballistic vest for medical reasons as determined by a physician selected by the City. P.B.A. Contract Article 26 October 1, 1998 to September 30, 2001 46 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. 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. 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: P.B.A. Contract Article 27 October 1, 1998 to September 30, 2001 47 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 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 . 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. P.B.A. Contract Article 27 October 1, 1998 to September 30, 2001 48 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 bo the occurrence of the event (s) . 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 give rise to the grievance occurred at the 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 P.B.A. Contract Article 28 October 1, 1988 to September 30, 2001 49 the employee' s return from such if the event (s) which give 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. Step 3.Any grievance which cannot be satisfactorily settled at Step 1 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, within five (5) working days after this discussion, render a decision in writing, with a copy to the P.B.A. 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. P.B.A. Contract Article 28 October 1, 1988 to September 30, 2001 50 E. All the above mentioned time frames may be extended in writing by mutual agreement . 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 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 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. 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. P.B.A. Contract Article 28 October 1, 1988 to September 30, 2001 51 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 . P.B.A. Contract Article 28 October 1, 1988 to September 30, 2001 52 ARTICLE 29 WAGES 1 . On October 1, 1998 all steps of pay grade 27 shall be adjusted upward by two percent (2%) and all employees of the bargaining unit in pay grade 27 shall have their pay adjusted upward by two percent (2%) . The City shall adjust pay grade 30 upward by seven percent (7%) and all bargaining unit employees in pay grade 30 shall have their pay adjusted upward by seven percent (7%) . All employees in the bargaining unit will be eligible for movement to the next higher step in the pay plan upon receipt of an annual evaluation which is satisfactory or higher on the pay period closest to his/her anniversary date. The City shall add three (3) additional steps of three percent (3%) to the current pay plan for labor grade 27 & 30. The City Step Pay Plan is attached hereto as Exhibit A. 2 . Effective 10/01/99, all steps in pay grade 27 shall be adjusted upward by two percent (2%) and all steps in pay grade 30 by five percent (5%) . All employees shall have their pay adjusted accordingly with their respective pay grade. 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 a least satisfactory on the pay period closest to his anniversary date. The City Step Pay Plan for 1999/2000 is attached hereto as Exhibit B. 3 . Effective 10/01/00, all steps in pay grade 27 shall be adjusted upward by two percent (2%) and all steps in pay grade 30 by three percent (3%) . All employees shall have their pay adjusted accordingly to their respective pay grade. 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 P.B.A. Contract Article 29 October 1, 1998 to September 30, 2001 53 anniversary date. The City Step Pay Plan for 2000/01 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 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 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. 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, 1998, 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 P.B.A. Contract Article 29 October 1, 1998 to September 30, 2001 54 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 of the entire fiscal year after receiving his clothing allowance, the officer shall repay the City of a pro rata basis . P.B.A. Contract Article 29 October 1, 1998 to September 30, 2001 55 ARTICLE 30 SUBSTANCE ABUSE TESTING A. Subject to these administrative procedures, and 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 breathalyser 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. (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 a substance, 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. P.B.A. Contract Article 30 October 1, 1998 to September 30, 2001 56 (e) The following procedure shall be utilized in determining whether reasonable suspicion is present: (1) A police supervisor above the rank of sergeant must believe 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: (2) This individual 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. (3) The supervisor who actually observed the behavior of the suspected employee shall independently fill out a 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- A copy of the completed form shall be made immediately available, upon demand, to a representative of the bargaining unit. P.B.A. Contract Article 30 October 1, 1998 to September 30, 2001 57 (5) If a finding of reasonable suspicion is made by a police supervisor, 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 supervisor at the time the request is presented to the employee. If the employee explains the suspected behavior but the supervisor is 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/MS) test shall be conducted by a licensed facility selected by the City. 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 . P.B.A. Contract Article 30 October 1, 1998 to September 30, 2001 58 r C. The procedure outlined above shall be strictly confidential . If any of the individuals involved should disclose to any person who does not have a clear need to know any such disclosed information, such 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 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. 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. P.B.A. Contract Article 30 October 1, 1998 to September 30, 2001 59 ARTICLE 31 HEALTH & SAFETY 1 . CONTAGIOUS DISEASES The City shall provide each employee with a vaccination against Hepatitis B a no expense to the employee. III P.B.A. Contract Article 31 October 1, 1998 to September 30, 2001 60 ARTICLE 32 TERMS OF AGREEMENT This Agreement shall take effect on October 1, 1998 and remain in effect until September 30, 2001 . 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, POLICE BENEVOLENT ASSOCIATION FLORIDA=-,------- ' :-- -----.1- e\,, By: 444-a4C.J.(11(4,t4-4-&_.— Deb , ` :ynard, Police Sergeant Thomas W. Frame, City Manager By: •�1_�v/!,_=. .4 ■Steven Marcinik, Pol ' e" Officer G ` . By:B y: „_ .c. • , 4. � i�f �.-.c-01v Patrick L. McGuire, Jr. Ruth Sullivan, Mayor P.B.A. Union Representative I Approve o form and content: Atte4(7/del ti ��)() lZ & . .(C\ Kathryn M. O' Halloran, City Clerk ” \t 'Q' /By: Richard Stringe,z, City Attorney P.B.A. Contract Article 32 October 1, 1998 to September 30, 2001 61 I :1. 0 I lo, O m d m U U Ia° a °v i NI O 17 o corn CO co V 403 to 01 °V' v CO _ • n p O 0 � �CO w.N, 69 4I 0 co' Ov 'n co Qm$ n,c71 co ' 00 m0• a) �M �M i 'A1 �-� O 0• �� IN(0 co I _�° °° co "I j��I Zr) al i N I O c0 c6 ✓J -O 4 co cp i'7� c0 ._ a-aQ0 00 nn 00 C1 co .-cs v;t(Ql 2 V, O O o co U) O O 20 to - _� 01 XO -O 'eI C 4l �I V V > 0.0 N� co$• V) :. 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