HomeMy WebLinkAbout1546 FOP Contract 2012-2014�4('0
CITY MANAGER'S OFFICE
T RANSMITTAL MEMORANDUM
To: City Clerk
RE: Request for Services
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
❑
Ordinance
❑
Resolution
®
FOP Contract
❑ Mayor's signature
❑ Recording
❑ Rendering
® Safe keeping /records retention
El
Once completed, please:
Return original
Return copy
Special Instructions:
Please advise if you have any questions regarding the above.
Thank you!
t,✓
From: Debbie Simmons, CitManager's Office Date: 11/07/2012
FRATERNAL ORDER OF
POLICE
SANFORD POLICE
LODGE 140
SANFORD, FLORIDA
CONTRACT 2012 -2014
Effective October 1, 2012
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
1
Recognition
4
2
Management Rights
5
3
No- Smoking Policy
8
4
Dues Deduction
9
5
Work Stoppages
10
6
Stewards and FOP Business
11
7
Non - Discrimination
13
8
Bulletin Boards
14
9
Labor - Management Committee
15
10
City and Departmental Rules
16
11
Application of Civil Service
17
12
Disciplinary Action
18
13
Grievance and Arbitration
21
14
Workweek and Overtime
25
15
Uniforms and Equipment
26
16
Physical Fitness
27
17
Working Out of Classification
29
18
Publication of Agreement
30
19
Safety
31
20
Promotions
32
21
General Provisions
35
22
Retirement Benefits
37
23
Family Leave
38
24
Legal Benefits
39
25
Workers Compensation Benefits
40
26
Job Descriptions
41
27
Educational Reimbursement
42
28
Seniority
43
29
Call -Back, Standby and Court Time
44
30
Prevailing Rights
46
31
Severability
47
32
Vacation
48
33
Holidays
49
34
Sick Leave
50
35
Bereavement
51
36
Insurance
52
37
Wages
53
38
Special Assignment
56
39
Duration
57
PREAMBLE
This Agreement is entered into effective October 1, 2012, between the City of Sanford,
hereinafter referred to as the "City," and Florida State Lodge of the Fraternal Order of
Police, hereinafter referred to as' the "FOP."
ARTICLE 1
RECOGNITION
Section 1. The City hereby recognizes the Florida State Lodge of Fraternal Order of Police
as the exclusive representative for the purpose of collective bargaining with respect to
wages, hours and terms and conditions of employment for all employees in the bargaining
unit.
Section 2. The certification by the City of Sanford Public Employees Relations
Commission in Case No. RC 93 -2, and as a result thereof, the City recognizes the FOP as
the exclusive collective bargaining representative for the following bargaining unit:
INCLUDED:
All Police Officers and Police Sergeants (except those specifically excluded).
EXCLUDED:
Police Chief, Deputy Police Chief, Captains, Lieutenants, and Police Sergeants or
Police Officers assigned to the Professional Standards Unit, and all other
employees of the City of Sanford.
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ARTICLE 2
MANAGEMENT RIGHTS
Section 1. Except as specifically and expressly abridged, limited or modified by the written
terms of this Agreement, all of the rights, powers and authority previously possessed or
enjoyed by the City of Sanford prior to this Agreement are retained by the City, and may be
exercised without prior notice or consultation with the FOP.
Section 2. Nothing in this Agreement shall be construed so as to limit or impair the right of
the City to exercise its sole and exclusive discretion and authority on all of the following
matters:
(a) To manage the Police Department and exercise sole and exclusive control and
discretion over the organization and operations thereof.
(b) To determine the purpose and functions of the Police Department.
(c) To determine and adopt such policies and programs, standards, rules and
regulations as are deemed by the City and the Department to be necessary for the
operation /improvement of the Police Department, and to select, manage, direct,
and evaluate all management, supervisory, administrative and other personnel.
(d) To take such measures as the City may determine to be necessary to maintain
order and efficiency relative to both the work force and the operations /services to
be rendered thereby.
(e) To set methods, means of operations and standards of service to be offered by the
Police Department, and to contract such operations /services to the extent deemed
necessary, practical and feasible by the City in its sole discretion.
(f) To decide the number, location, design and maintenance of the Police
Department's facilities, supplies and equipment. To relocate, remodel or otherwise
revise operations and facilities as may be deemed necessary by the City.
(g) To determine the qualifications of all employees of the Police Department. To
select, examine, hire, classify, reclassify, train, assign, schedule, direct, transfer,
promote, demote, discipline, discharge, lay off, retain and manage all employees of
the Department in accordance with city and department policy and procedures and
Human Resources Manual section 2.71 and FS 447. Routine schedule changes
will normally be given with minimum 7 day notice. The City in its sole discretion
may give less than a 7 day notice for police operational necessity.
(h) To increase, reduce, change, modify or alter the size and composition of the work
force.
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(i) To determine the extent of its operations, to determine when any part of the
complete operation shall function or be halted, and to determine when, where, and
to what extent operations /services shall be increased or decreased.
Q) To establish, change or modify employees' duties, tasks, responsibilities or
requirements.
(k) To make, issue, publish, enforce and modify policies, procedures, rules and
regulations as the City may from time to time deem best.
All other rights to manage the Police Department and the operations, functions, and
purposes thereof, which are not recited in or expressly limited by this Agreement are
reserved exclusively to the City.
Section 3. If, in the sole discretion of the City, it is determined that civil emergency
conditions exist, including, but not limited to, riots, civil disorders, hurricane /tornado condi-
tions, epidemics, public employee strikes or similar catastrophe, the provisions of this
Agreement may be suspended by the City during the time of such declared emergency
(except for payment of wages and benefits hereunder).
Section 4. All applicable General Laws of the State of Florida, the City Charter, City
Ordinances, and those City Personnel Rules and Policies and Departmental Rules and
Policies incorporated herein by reference shall be supreme to this Agreement in all matters
pertaining to or resulting from any negotiations in such areas of discretion as the City's
mission, budget, obligation to its citizens, organization, assignment of personnel, tasks,
duties, responsibilities, or the technology required to perform work.
Section 5. The City has the sole, exclusive right to direct managerial, supervisory,
administrative personnel and any employee covered by this Agreement, to perform any
task in connection with the operation of the Police Department, whether or not normally
performed by the employees within the bargaining unit.
Section 6. The selection and assignment of non - bargaining unit supervisory and
managerial personnel are the sole responsibility of management, and shall not be subject
to the grievance and arbitration procedures provided in this Agreement.
Section 7. The FOP recognizes that the City and the Police Department are obligated to
comply with all federal, state and local laws, ordinances, regulations, directives, and
guidelines, including such matters as affirmative action and equal employment opportunity,
and the FOP shall cooperate and do all things necessary to facilitate compliance with said
laws.
Section 8. The City shall have the right, during the term of this Agreement, to terminate
selected services /operations permanently. The City shall also have the right, from time to
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time during this Agreement, to suspend selected services /operations in whole or in part.
Section 9. Except as otherwise expressly provided in this Agreement, any written rule,
regulation, policy or procedure affecting employees of the bargaining unit in effect prior to,
as well as those issued after, the effective date of this Agreement, shall remain and be in
full force and effect unless changed, modified or deleted by the City. Final authority to
change, modify, or delete any rule, regulation, policy or procedure rests with the City.
Section 10. In recognition of the management rights set forth above, the FOP agrees that
the City is under no obligation to bargain with respect to the foregoing enumerated
management rights during the life of this Agreement. However, the exercise of such
management rights shall not preclude employees or the FOP from raising grievances
should decisions on the above - management rights allegedly violate the terms and
conditions of this Agreement.
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ARTICLE 3
NO- SMOKING POLICY
Section 1. The use of tobacco products at Sanford Police facilities is permitted only in the
designated smoking area outside the police department building.
Section 2. Police department personnel shall not use any tobacco products at any time
while conducting police department business, operating a city vehicle or while in contact
with any member of the public during a police department operation or assignment.
Section 3. Use of tobacco products is permitted during authorized breaks or meal periods.
Personnel shall use discretion so as not to offend any member of the public.
Section 4. All tobacco waste products such as cigarette butts and used smokeless tobacco
shall be disposed of in a lawful, healthy, clean and safe manner.
Section 5. All police officers hired after February 1, 2001, are subject to City of Sanford
Personnel Rules & Regulation, Section 21, Tobacco abstention for Police and Fire
Applicants /New Hires.
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ARTICLE 4
DUES DEDUCTION
Section 1. Any member of the FOP, who has submitted a properly executed written dues
authorization form (see attached Dues and Cancellation Form) to the City may have his /her
dues in the FOP deducted from his /her wages. Dues shall be deducted on a monthly
basis, and, shall, thereafter, be transmitted to the FOP or its designated depository sent to
242 Office Plaza, Tallahassee, FL 32301. The City, however, shall have no responsibility
or liability for the improper deduction of any dues. Further, the FOP shall hold the City
harmless for any errors in the administration of the dues deduction system. It shall be the
responsibility of the FOP to notify the City of any change in the amount of dues to be
deducted at least 60 days in advance of said change. Under no circumstances shall the
City be required to deduct FOP fines, penalties, or non - uniform assessments from the
wages of any member.
Section 2. Any authorization for dues deduction may be canceled by the employee upon
thirty (30) days written notice to the City with a copy to the FOP. (see attached Dues and
Cancellation Form)
Section 3. When an employee quits, is discharged, or is laid off, any unpaid dues owed to
the FOP will be deducted from the employee's last paycheck.
Section 4. The City may deduct from the payment made to the FOP the following
expenses of administering the bookkeeping system related to the retention and transmittal
of funds:
(a) Thirty -five cents ($.35) per employee for each new enrollment.
Section 5. No deduction shall be made from the pay of an employee during any payroll
period in which the employee's net earnings for the payroll period are less than the amount
of dues to be paid.
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ARTICLE 5
WORK STOPPAGES
Section 1. The FOP, its officers, representatives, agents or members covered by this
Agreement shall not engage in, instigate, or support any strike, work stoppage, slowdown,
or picketing in furtherance of any strike or work stoppage, slowdown or refusal to perform
assigned work. Picketing as used herein shall mean any action which prevents any
employee of the City from reporting to or continuing work or prevents the public from
entering any City facility. Picketing for purely informational purposes shall not be
prohibited.
Section 2. Recognizing that Florida law prohibits the activities enumerated in Section 1
above, the parties agree that the City shall retain the right to discipline or discharge any
employee participating in or promoting any of the aforementioned prohibited activities.
Section 3. It is recognized by the parties that the activities enumerated in paragraph 1 are
contrary to the ideals of professionalism and to the Department's community responsibility.
Accordingly, it is agreed that in the event of any violation of this Article, the City shall be
entitled to seek legal and /or equitable relief in any court of competent jurisdiction.
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ARTICLE 6
TEWARDS AND FOP BUSINESS
Section 1. The FOP shall be permitted to have one (1) Union Steward, one (1) Alternate
Steward, and one (1) Acting Alternate Steward and the State FOP Representative. The
FOP shall provide written notification to the Chief of Police and the Personnel Director of
the names of the employees designated as the Union Steward, the Alternate Steward, and
the Acting Alternate Steward. In the event the Union Steward is on vacation or is otherwise
absent from work, the Alternate Steward may act as the Union Steward. The Acting
Alternate Steward, however, shall act for the Alternate Steward only in those
circumstances set forth in Section 5 below.
Section 2. The Union Steward shall have a total of ten (10) days off annually (without pay)
to attend official FOP functions; provided, however, that the Union Steward must strictly
comply with the following:
a) The Union Steward must provide the Chief of Police with a written request for the
day off at least ten (10) days in advance.
b) Approval of the request would cause no staffing problems or cause the Department
to incur additional expense.
c) The Police Chief or his designee approves each request in writing.
d) If the Union Steward cannot attend a particular FOP function due to illness, injury, or
the need to participate in Departmental assignment or training, the alternate may
attend if he /she strictly complies with this Section; provided that any time off taken
by the alternate shall be charged to the ten (10) day total available to the Union
Steward.
e) Upon the alternate Steward's compliance with all of the requirements of Sections
2(a), (b), and (c) above, the Police Chief may, in his discretion, permit the alternate
Steward to attend a particular FOP function with the Union Steward; provided that
any time off taken by the alternate Steward shall be charged to the ten (10) -day total
available to the Union Steward.
Section 3. Upon request, the Union Steward may obtain a copy of the agenda from the
City Clerk in advance of every City Commission meeting.
Section 4. Upon the approval of the Police Chief or his designee, the Union Steward, the
State FOP Representative or the alternate shall be permitted a reasonable period of time
within which to meet with the Police Chief, the Personnel Director, or any Departmental
management official concerning a formal grievance or other matter of interpretation of this
Agreement. Under no circumstances shall the exercise of this right by the Union Steward
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or alternate interfere with his /her duties or the duties of any other bargaining unit employee.
Section 5. If both the Union Steward and the Alternate Steward are on vacation or
otherwise absent from work, the Acting Alternate Steward (subject to the limitations
thereunder) may perform the duties set forth in Section 4 above. Sections 2 and 3 of this
Article shall not apply to Acting Alternate Stewards.
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ARTICLE 7
NON - DISCRIMINATION
Section 1. Neither the FOP nor the City shall unlawfully discriminate against any employee
on the basis of race, color, religion, age, sex, disability, marital status, political affiliation,
national origin, or union membership or non - membership. The use in this Agreement of
the designation "he" in referring to an employee shall mean "he" or "she" wherever used.
Section 2. Nothing contained in this Article or elsewhere in this Agreement shall restrict the
City or any employee from taking any lawful action to implement equal employment
opportunity and affirmative action.
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ARTICLE 8
BULLETIN BOARDS
Section 1. The City shall permit the FOP exclusive use of the existing bulletin board
located on the south wall in the first floor break room. The FOP shall utilize the bulletin
board for the posting of FOP business and information, as follows:
a) Notice of Union meetings.
b) Notice of Union elections and results.
c) Copies of the Union's constitution and bylaws and amendments thereto.
d) Notice of FOP recreational and social affairs.
e) Copy of this Agreement.
f) Minutes of Union meetings.
g) Names of FOP officials and changes thereto.
h) Notice of dues increases.
Section 2. The FOP shall post no material on its bulletin board which may be
characterized as political (other than FOP local or state elections), which may encourage
insubordinate behavior or which is derogatory or demeaning of City or police department
officials or operations. The FOP shall cause all materials to bear the name or initials of the
FOP official who authorized the posting. A copy of all materials to be posted shall be
provided to the Chief of Police or his designee prior to posting. Materials which violate the
provisions of this Article shall not be posted and may be removed by the Chief of Police.
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ARTICLE 9
LABOR- MANAGEMENT COMMITTEE
Section 1. There shall be a Labor - Management Committee which shall consist of three (3)
members who shall be designated in writing by the FOP and three (3) members who shall
be designated by the City.
Section 2. The Labor - Management Committee shall meet on a quarterly basis on dates
mutually agreed upon by the participants.
Section 3. The sole function of the Labor - Management Committee shall be to discuss
general matters pertaining to employee relations and Departmental operations. The
Committee shall not engage in collective bargaining or resolution of grievances.
Section 4. The City will cooperate with the FOP to schedule the Labor - Management
Committee meetings at times when the three (3) members designated by the FOP are off
duty. In no event shall Labor - Management Committee meetings result in compensation for
bargaining unit employees.
Section 5. The Labor - Management Committee may discuss issues pertaining to uniforms
and equipment; provided, however, that the City shall be under no obligation to take any
specific action with respect to any such issues.
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I1 -A11 Eel M:ito]
CITY AND DEPARTMENTAL RULES
Section 1. Upon the execution of this Agreement, the City shall furnish the FOP copies
(one complete set) of existing written rules or regulations pertaining to employer - employee
relations -- i.e., Police Department rules and regulations, personnel rules, Police
Department policy and procedures, and special orders. Should the City exercise its right to
amend or revise any of the foregoing, such amendments or revisions shall be provided to
the FOP.
Section 2. Upon written request from the FOP, the City shall provide the FOP with a copy
of a computer print -out reflecting the names and classifications of the bargaining unit
employees; provided, however, that such written request shall not be made more often
than on a quarterly basis.
Section 3. For the purposes of this Article, State FOP Representative, the Union Steward,
the alternate Steward and the Acting Alternate Steward shall be the authorized
representative of the FOP.
Section 4. The Union Steward or the alternate Union Steward shall be released from duty,
workload permitting, with pay, for the purposes of attendance at grievance meetings under
Step 2 and Step 3 of the grievance procedure. Any attendance at such meetings on off-
duty time will not be compensated. Not more than one representative will be released from
duty for any one grievance meeting. This last limitation shall not prevent the alternate
Union Steward from attending any grievance meeting under Step 2 or Step 3 of the
grievance procedure on his own time, but is merely a restriction that only one FOP
representative shall be released from duty at any given time. Before attending a grievance
meeting under Step 2 or Step 3 of the grievance procedure, the Union Steward or the
alternate Union Steward (whomever will attend) shall notify his /her Commander or the
Deputy Chief of the time and date of such meeting, sufficiently in advance to permit proper
work assignment coverage.
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ARTICLE 11
APPLICATION OF CIVIL SERVICE
The wages, hours, and other conditions of employment of the bargaining unit employees
shall be governed exclusively by the provisions of this Agreement and any other provisions
which are specifically incorporated herein by reference. Except as specifically incorporated
herein by reference, the provisions of the City of Sanford Civil Service system shall have
no application to the bargaining unit employees. Upon final approval of this Agreement by
the City Commission, the City Commission shall enact an appropriate ordinance to
implement this Article.
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DISCIPLINARYACTION
Section 1. Employees shall be demoted, suspended, dismissed, or otherwise disciplined in
accordance with City and Departmental Policies and Procedures. Any such demotion,
suspension, dismissal, or other disciplinary action shall be subject to the grievance /arb-
itration procedure set forth in this Agreement. Probationary police officers, however, shall
not be permitted to utilize the grievance /arbitration procedure to contest discharge or other
disciplinary action taken during probationary periods.
Section 2. The City shall comply with the procedures set forth in Florida Statutes Chapter
112 (Law Enforcement Officers Bill of Rights) whenever an officer is under investigation
which could result in disciplinary action.
Section 3. All disciplinary action under this Article shall be formal in nature
Formal discipline shall include written reprimand, suspension without pay, demotion or
dismissal. All formal disciplinary actions shall be documented the city "Disciplinary Action
Record" form.
Section 4. Notwithstanding the provisions of Section 4 above, nothing herein shall require
any specific number of disciplinary actions to terminate an employee for a first or second
disciplinary offense where such offense is considered a termination offense under City or
Departmental rules or where such offense has resulted in termination of any City or
Departmental employee prior to the effective date of this Agreement.
Section 5. All internal investigations will be conducted in compliance with applicable
Departmental rules and regulations and Florida Statutes. Employees shall receive a copy
of any disciplinary action, which is to be placed in his /her personnel file, at the time such
disciplinary action takes place. The privacy of investigations or disciplinary actions shall be
governed by Florida law.
Section 6. Any employee who is summoned before a Departmental investigator, or Internal
Affairs investigator during his /her normal off -duty hours will be compensated at his /her
normal rate of pay (i.e., straight time or overtime, whichever is applicable). Investigative
interviews shall normally be conducted at Departmental facilities. Absent unusual
circumstances, (i.e. military deployment) telephone interviews shall normally not be utilized
during an Internal Affairs /disciplinary action investigation.
Section 7. All employees shall have the right to inspect and make notes of their individual
records, and no records will be hidden from the employee's inspection. One (1) copy of the
final investigative report will, upon request, be provided to the subject employee at no cost.
Section 8. Upon written request of the employee, the Chief of Police may permit an
employee to forfeit accrued vacation leave in lieu of a suspension without pay. Utilization
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of vacation leave not yet accrued shall not be permitted.
Section 9. Whenever any employees under investigation are subject to interrogation by the
Department for any reason that could lead to disciplinary action under this Article, then:
a) At the request of any employee under investigation, he /she shall have the right to be
represented by counsel or any other representative of his choice who shall be
present at all times during such interrogation. Even if the employee under investi-
gation does not request representation, a union representative shall have the right
to be present during the interrogation unless the employee specifically objects to
such presence.
b) No employee shall be ordered to submit to any device designed to measure the
truth of his /her responses during questioning; provided, however, that there shall be
no restriction on the right of any employee to submit to such device on a voluntary
basis. An employee's refusal to submit to any device designed to measure the truth
of his /her responses shall not be used against the employee in any disciplinary
proceeding.
c) During interrogations covered hereunder, questions shall be limited to the
circumstances surrounding the allegations which are the subject of the investigation.
d) The findings of Internal Affairs Investigations shall be labeled as follows:
Sustained -- a finding or a conclusion that an allegation is supported by a
preponderance of evidence.
2. Unfounded -- a finding or a conclusion that there is no credible evidence
whatsoever to support the allegation.
3. Not Sustained -- a finding or a conclusion that sufficient credible evidence
was lacking to prove or disprove the allegation.
4. Exonerated -- a finding or a conclusion that the incident occurred, but the
individual's actions were lawful and proper.
5. Policy Failure — the allegation is true, but the employee was acting in a
manner consistent with Police Department policy. Such a finding may
necessitate a review and revision of the policy as written. A finding of "Policy
Failure" must clearly detail how any particular policy is incorrect.
e) Only "sustained" findings which result in disciplinary action will be inserted in an
employee's official personnel file. Unfounded, not sustained, exonerated, and policy failure
findings shall be retained in Internal Affairs files in accordance with the record retention
policies of the State of Florida.
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f) The charge of "conduct unbecoming an officer" or "conduct towards the public" or
like charges, shall contain a brief and plain statement of the conduct constituting the
alleged violation (e.g., rudeness to a citizen, reckless discharge of a weapon, intoxication in
the public place, etc.). The charge shall also contain the date and place of the alleged
conduct. If the alleged conduct was directed against a particular individual (e.g., a private
citizen), the name of that individual shall be provided unless there exists a compelling
reason not to name that individual.
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ARTICLE 13
GRIEVANCE AND ARBITRATION
Section 1. Bargaining unit employees will follow all written and verbal orders given by
superiors, even if such orders are alleged to be in conflict with this Agreement.
Compliance with such orders will not prejudice the right to file a grievance within the time
limits contained herein, nor shall compliance affect the ultimate resolution of the grievance.
Section 2. A "grievance" is a claimed violation of this Agreement, including, but not limited
to, the claim that a discharge or other disciplinary action violated a specific provision of this
Agreement. No grievance will, or need be, entertained or processed, unless presented in
the manner described herein, and unless filed in a manner provided herein within the time
limit prescribed herein. Grievances are limited to claims which are dependent for
resolution upon interpretation or application of one or more express provisions of this
Agreement.
Section 3. Grievances will be processed in the following manner and strictly in accordance
with the following stated time limits:
STEP ONE The FOP or the aggrieved employee shall present the employee's
grievance in writing to the Police Chief or his designee. The grievance, as specified
in writing using the proper form (see attached Grievance Form), shall be filed with
the Police Chief within ten (10) calendar days The Police Chief or his designee shall
conduct a fact - finding meeting with the Grievant, and his /her FOP representative (if
any) within 30 days of receipt of the grievance. Upon written request the meeting
may be extended up to an additional 30 days. Thereafter, the Police Chief shall
issue his decision in writing on the grievance within ten (10) days after said meeting,
with copies to the Grievant, the Personnel Director, and the FOP.
STEP TWO Any grievance which cannot be satisfactorily settled in STEP ONE
above shall then be taken up with the City Manager or his designee. The grievance,
as specified in writing in STEP ONE above, shall be filed with the City Manager
within ten (10) calendar days after the due date for the Police Chiefs response in
ONE above. The City Manager or his designee may conduct a meeting with the
Grievant, and his /her FOP representative (if any) and appropriate Department
managers. If a meeting is scheduled it shall be held within 30 days of receipt of the
grievance. Upon written request the meeting may be extended up to an additional
30 days. Thereafter, the City Manager shall issue his decision in writing on the
grievance, with copies to the Grievant, the FOP, and the Department within ten (10)
calendar days after the presentation of the grievance at this Step or meeting as
appropriate.
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Section 4. If the Grievant is not satisfied with the City Manager's decision in STEP TWO
above, the FOP may request arbitration by hand delivery or by certified mail of a written
notice to the City Manager within ten (10) calendar days of receipt of the City Manager's
written decision. Said written notice of arbitration shall include a written statement of the
position of the Grievant with respect to the issues upon which arbitration is being sought.
Under no circumstances shall the issues to be arbitrated be expanded from the issues set
forth in the original grievance filed as STEP ONE of the grievance procedure. To the
extent permitted by applicable law, the arbitration procedure shall be exclusively reserved
to the FOP.
Section 5. Within ten (10) calendar days from receipt of such notice of arbitration, the
FOP and the City shall meet to select an arbitrator. In the event the parties cannot agree
on an arbitrator, they shall, within five (5) calendar days, jointly request a list of nine (9)
qualified arbitrators from the Federal Mediation and Conciliation Services. The FOP and
the City will alternately eliminate one at a time from said list of names persons not
acceptable, until only one (1) remains, and this person will be the arbitrator. The City and
the FOP will alternate in the right to first strike names in successive arbitrations, with the
strike of the first arbitration panel to be determined by the toss of a coin.
Section 6. As promptly as possible after the arbitrator has been selected, he shall conduct
a hearing between the FOP and the City to consider the grievance. The decision of the
arbitrator will be served upon the City and the FOP in writing. The expenses of the
arbitration, including the fee and the expenses of the arbitrator, shall be shared equally by
the parties. Any party desiring a transcript of the hearing shall bear the cost of its transcript
unless both parties mutually agree to share the cost. Each party shall bear the expense of
its own witnesses and of its own representatives for purposes of the arbitration hearing.
Employees properly subpoenaed and required to appear will be compensated as hours
worked.
Section 7. The arbitrator will confine his consideration and determination to the written
grievance presented in STEP ONE of the grievance procedure. The arbitrator shall have
no authority to substitute his judgment for that of management and /or to change, amend,
add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof
or amendment thereto. The arbitrator shall have no authority to consider or rule upon any
matter which is stated in this Agreement not subject to arbitration or which is not a
grievance as defined in this Agreement; nor shall this Collective Bargaining Agreement be
construed by arbitrator to supersede applicable state and federal laws or City ordinances or
resolutions, except to the extent as specifically provided herein.
Section 8. The arbitrator may not issue declaratory opinions and shall confine himself
exclusively to the question which is presented to him, which question must be actual and
existing. The party filing the grievance and requesting arbitration shall, at all times, have
the burden of proving by clear and convincing evidence that a specific provision of this
Agreement was violated. The City shall have the burden of proof to establish just cause in
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disciplinary cases. Either party shall be entitled to seek review of the arbitrator's decision
in the Circuit Court. The parties agree that the standard of review of the arbitrator's
decision shall be whether the arbitrator had clear and convincing evidence to establish that
the City or the Department violated a specific provision of this Agreement.
Section 9. No decision of any arbitrator or of the City in one case shall create a basis for
retroactive adjustment in any other cases. All claims for back wages shall be limited to the
amount of wages that remain budgeted for the position of the particular employee involved,
less any unemployment compensation and /or interim earnings that he /she received during
the period involved.
Section 10. It is agreed, with respect to the above wages or retroactive adjustment, that no
arbitrator shall have the right to determine that back wages or other retroactive adjustment
shall be awarded for a period in excess of four (4) months prior to the date of the grievance
which is being ruled upon.
Section 11. It is agreed, with respect to this grievance and arbitration procedure, that:
(a) It is the intent of the parties that a grievance must be raised at the earliest possible
time. Any grievance, in order to be entertained and processed, must be submitted
in a timely manner by the FOP.
(b) Grievances not submitted by the FOP in a timely manner shall be conclusively
barred on the merits following the expiration of the prescribed time limit. Such a
time - barred grievance may not be entertained or processed, and only facts
disputed as to timing will be the subject of any arbitration resulting from the matter.
A grievance which is for any reason not the subject of a timely response by the City
or by the Department shall require the FOP to proceed to the next Step, and failure
of the FOP to proceed on a timely basis to the next Step shall bar the grievance.
However, in any grievance proceeding, when the City or the Department fails to
give a timely response, the Grievant shall be given an additional two (2) calendar
days to be added to the time limit required for his next filing.
Section 12. Nothing in this Article shall be construed to prevent any employee from
presenting his own grievance at the pre- arbitration Steps (Step one and two) of the
grievance procedure with whomever he wants to represent him. It is understood that either
an individual, an attorney, or the FOP may represent a Grievant at Steps One and Two, but
under no circumstances shall more than one person represent the Grievant at such steps
of the grievance procedure. In the event the City is notified that the Grievant is
representing himself /herself or is otherwise not being represented by the FOP at Steps
One and Two, the City shall so notify the FOP. The FOP may monitor and attend such
grievance steps but may not participate otherwise.
Section 13. Where a grievance is general in nature in that it applies to a group of
employees rather than a single employee, or if the grievance is directly between the FOP
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and the Department or the City, such grievance shall be presented in writing directly to the
Police Chief within ten (10) calendar days of the occurrence of the events which gave rise
to the grievance. The grievance shall be signed by one or more aggrieved employee, the
FOP Steward, or an officer of the state FOP. Thereafter, the grievance shall be processed
in accordance with the procedures set forth in above; provided, however, that the
grievance must contain the detailed information required in STEP ONE above.
Section 14. A non - dues - paying bargaining unit employee may avail himself /herself of all
pre- arbitration procedures (Steps One and Two) under this Article. If a grievance is filed by
anyone other than the FOP, the City shall notify the FOP in writing. Such non - dues - paying
bargaining unit employee shall be required to bear the full cost of preparing and presenting
his /her own case.
To the extent permitted by law, access to the arbitration process hereunder is limited to the
FOP.
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ARTICLE 14
WORKWEEK AND OVERTIME
Section 1. The standard payroll workweek shall begin at 00:01 hours on the Saturday and
end at 24:00 hours on Friday. The work cycle shall be a fourteen (14) day work period
under the FLSA 7(k) exemption. The City agrees employees covered by this Agreement
shall be scheduled to work eighty -six (86) hours per fourteen (14) day period.
Section 2. Any bargaining unit member assigned to patrol duties twelve (12) hour shift
shall be entitled to a paid meal period of one (1) hour. Bargaining unit members assigned
to a ten (10) hour shift shall be entitled to a paid meal period of forty -five (45) minutes.
Bargaining unit members assigned to an eight (8) hour shift shall be entitled to a paid meal
period of thirty (30) minutes. Paid breaks (not to exceed two (2), fifteen (15) minute breaks
per shift) will be allowed if operational needs permit.
Section 3. Employees shall be required to work overtime when ordered. Overtime shall be
scheduled in accordance with Departmental Policies and Procedures and administered in
accordance with the provisions of this Article. Nothing herein shall restrict the Department
from canceling or rescheduling a regularly scheduled work -day for the purpose of avoiding
overtime pay or any other business purpose.
Section 4. All authorized time worked in excess of eighty -six (86) hours during a fourteen
(14) day work cycle will be paid overtime in accordance with the provisions of the Fair
Labor Standards Act as amended. Overtime may be paid through payment of
compensatory time in accordance with current Departmental policy. Under no
circumstances shall sick leave, vacation leave, or any other time not actually worked count
as "time worked" or "hours worked" for purposes of calculating entitlement to overtime (or
equivalent compensatory time).
Section 5. Request to use compensatory time will be made by the employee to the Section
Lieutenant. The Section Lieutenant shall grant the employee's request if he determines
that there is sufficient manpower.
Section 6. Should an employee die while employed, the employee's estate shall receive
payment for all accrued compensatory time due the deceased employee; provided that the
City receives an appropriate judicial order authorizing the payment of any such monies.
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ARTICLE 15
UNIFORMS AND EQUIPMENT
Section 1. The City shall furnish the employees covered hereunder such uniforms and
equipment as the City deems necessary for the employees to perform their assigned
duties.
Section 2. A bargaining unit employee assigned to a position in which the Department
requires the wearing of plain clothes shall receive a clothing allowance in accordance with
established departmental policy.
Section 3. Dog handlers will be furnished such uniforms and equipment as the Department
deems necessary for them to perform their assigned duties.
Section 4. Employees covered hereunder shall be responsible for maintenance of
uniforms and equipment provided by the Department. If an employee can establish that a
piece of equipment or uniform clothing provided by the City has been damaged, lost, or
destroyed through no fault of the employee, the Department will replace such piece of
equipment or uniform clothing at no cost to the employee. If an employee is unable to
establish that a piece of equipment or uniform clothing provided by the City was damaged,
lost, or destroyed through no fault of the employee, the employee may be subject to
disciplinary action.
Section 5. The City shall allow officers to install window tinting on assigned take home city
vehicles at their expense. Window tint shall be a non - reflective gray and allow a minimum
50% visible light transmission on all windows. Officers are responsible to keep the window
tint in good repair at all times. Window tinting along a strip at the top of the windshield
shall not extend below the ASM line.
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ARTICLE 16
PHYSICAL FITNESS
Section 1. The City and the FOP agree that employees covered hereunder must maintain
a high level of physical fitness in order to safely and efficiently perform their assigned
duties and serve and protect the citizens.
Section 2. Each bargaining unit employee shall be required to successfully complete (and
pass) the Physical Abilities (Fitness) Test established by the Division of Criminal Justice
Standards Training of the Florida Department of Law Enforcement. The physical abilities
test measures specific physical abilities through participation in a series of job - related tasks
such as follows:
(a) Exiting car /enter trunk.
(b) 220 yard run.
(c) Obstacle course.
(d) Dummy drag or Fence climb.
(e) Obstacle course (repeat).
(f) 220 yard run (repeat).
(g) Weapon fire.
(h) Enter trunk/enter car.
The test is intended to be conducted in a continuous fashion resulting in a total composite
score (i.e., time to complete the course). The test will be administered on a pass /fail basis.
The highest passing score an applicant may achieve on the physical abilities test is 7
minutes 9 seconds. (Applicants scoring at or above 7 minutes 10 seconds fail.)
Section 3. Each bargaining unit employee shall be scheduled to take the physical abilities
test on an annual basis. All tests (except for retests) will be administered in the months of
February, March and April.
Section 4. No bargaining unit employee will be eligible for any wage increase unless
he /she has passed the physical abilities test prior to the date the wage raise is to be
awarded. No bargaining unit employee will be eligible to take a promotional examination if
he /she has not passed the annual physical abilities test prior to the announcement of the
promotional examination.
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Section 5. Any employee failing the physical abilities test must make a special
appointment to retake the test within ninety (90) days. Failure to pass the retest (i.e., the
second test) will result in a five (5) days suspension without pay. An employee failing the
retest (second test) will have ninety (90) days within which to pass a second retest (third
test). Failure on the second retest will result in the employee's termination due to his /her
inability to perform the essential physical functions of his /her job.
Section 6. An employee who has a bona fide medical condition or injury which prevents
him /her from taking the physical abilities test (or a portion thereof) will be dealt with on an
individual basis. In all such cases, the City Physician will determine the nature and extent
of the employees medical condition or injury; whether the test should be postponed
pending resolution of the employees medical condition or injury (if such medical condition
or injury is temporary); whether the test may be modified so as to accommodate the
employees medical condition while still measuring the same physical abilities; and such
other medically - related issues which facilitate proper measurement of the physical abilities
necessary to successfully perform the employee's job.
Section 7. The City, at its discretion, may send any employee covered hereunder for a
medical and /or psychological examination where his /her medical and /or mental fitness for
duty is at issue. Such examinations shall be conducted at no cost to the employee and
shall be administered while the employee is on duty or is otherwise in paid status.
Section 8. In the event the examination set forth in section 7 above determines the need
for additional tests or information, the City will bear the cost associated with such additional
tests, if so ordered, including the opinion(s) of additional physicians and /or psychologists.
Section 9. The parties agree that the Police Chief and the FOP will make a good -faith
effort to develop a Physical Fitness/Wellness Program to replace the current Physical
Abilities Test. Upon acceptance of any such new program by the FOP, Sections 1, 2, 3, 4,
5, and 6 above will be removed from this Article, and the subject of physical
fitness /wellness including related testing, shall be governed exclusively by the
Department's new program.
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ARTICLE 17
WORKING OUT OF CLASSIFICATION
Section 1. In the event the shift (patrol) Sergeant is absent, the Police Chief, Deputy
Police Chief, or Police Captain may designate an officer on the same shift to serve as
Acting Sergeant. Any employee designated by the Police Chief, Deputy Police Chief, or
Police Captain to serve as an Acting Sergeant for a period in excess of eighty -six (86)
consecutive regularly scheduled work hours shall receive a one -step (3 %) increase to
his /her regular rate of pay for all hours worked in the Acting Sergeant capacity subsequent
to the eighty -six (86) consecutive regularly scheduled work hours. (Each separate period
of service shall require a separate eighty -six (86) consecutive regularly scheduled work
hours period of service as a condition precedent to receipt of the aforementioned one -step
increase.)
Section 2. The Police Chief, Deputy Police Chief, or the Police Captain will determine
whether to temporarily assign a Sergeant from another shift or utilize non - bargaining unit
management personnel to perform the Sergeant's duties.
Section 3. For the purposes of administration of this Article, employees designated and
serving as Acting Sergeants shall document their time cards to reflect the exact periods of
such service.
Section 4. If the Police Chief, the Deputy Police Chief, or the Police Captain designates
an Acting Sergeant in a non - patrol unit or division, any employee so designated will be
eligible for the aforementioned one -step increases if he /she fulfills the requirements set
forth in Section 1 above.
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ARTICLE 18
PUBLICATION OF AGREEMENT
The City will furnish to the FOP an original and one (1) copy of this Agreement fully
executed by the appropriate City officials. The FOP may make and distribute such
additional copies of this Agreement as it deems appropriate.
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ARTICLE 19
SAFETY
The City and FOP agree that they will comply with all applicable health and safety laws.
The City and the FOP will cooperate in the continuing objective of eliminating accidents
and health hazards.
a) In the event there is an incident of infectious disease contamination in a vehicle the on
duty Watch Commander shall determine if the clean up exceeds the ability of the officer
and may take the vehicle out of service for cleaning. All bargaining unit members shall
comply with departmental directives on infectious disease control procedures.
b) The City shall provide a service to change and /or fix flat tires on any police vehicle that
occurs when conducting official city business or duties within Seminole County. Any other
vehicle repairs or service will require the approval of the City Fleet Maintenance Supervisor
or the members Division Commander. Officers will be reimbursed for out of pocket
expenses for all authorized repairs or services.
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ARTICLE 20
PROMOTIONS
Section 1. The purpose of this Article is to establish a fair and equitable procedure to
select the most qualified individuals for promotion.
Section 2. Any police officer with a minimum of four (4) consecutive years of experience in
the Department immediately prior to the promotional examination shall be eligible to take a
promotional examination for Sergeant if he /she otherwise meets all of the qualifications for
the promotion.
Section 3. Whenever practical, promotional examinations shall be announced and
scheduled at least sixty (60) days prior to the actual examination date.
Section 4. Promotional examinations will utilize:
(a) Written tests; or
(b) Oral examinations; or
(c) Interviews; or
(d) In basket; or
(e) Role- playing; or
(f) Tactical plan; or
(g) Operational plan; or
(h) Any combination of the foregoing.
Section 5. At the time of announcement and scheduling of a promotional examination, the
Department shall announce the date and place of the examination; the method by which
examination scores will be determined; cut -off scores (if any) for various sections of the
examination; type of examination (written test, oral examination, etc.); eligibility
requirements (i.e., other than those set forth in this Article); sources (other than practical
experience) from which examination questions may be drawn; and reference material
and /or study guides which will assist applicants in preparing for the examination.
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Section 7. Oral test, interview, and role - playing components of promotional examinations
shall be conducted by a three (3) member panel as follows:
(a) A member of the City of Sanford Police Department with the rank of Lieutenant or
higher.
(b) Two (2) full -time law enforcement officers with the rank of Lieutenant or higher
employed by different agencies within Seminole County.
The three (3) panel members shall be selected by the City Human Resources - Director.
Section 8. At the conclusion of a promotional examination, the City Human Resources
Director will establish an eligibility list by ranking of scores. These scores shall be ranked
from the highest to the lowest. The Police Chief reserves the right to select from any
employee on the eligibility list to fill the promotional vacancy (vacancies); provided,
however, that any employee so selected must have attained a passing score of 70 or better
on the promotional examination. The promotional (eligibility) list shall be valid for twelve
(12) months, but may be extended by the City for a period not to exceed an additional
twelve (12) months.
Section 9. No employee shall be eligible for promotion unless he /she has been ranked
overall "Meets Standards" or higher on his /her last two (2) Performance Evaluations. No
employee shall be eligible for promotion if he /she has received formal disciplinary action for
an incident occurring within twelve (12) months prior to the actual appointment (promotion).
No employee shall be eligible for promotion if he /she has not passed the most recent
physical abilities test set forth in this Agreement. The Department must administer the
physical abilities test within fourteen (14) days of the promotional examination or the
physical abilities test requirement will be waived for the purpose of this promotional
examination only. Employees must file written intent to take a promotional examination
within fourteen (14) days of the announcement of the promotional examination. Failure to
file a written intent of taking the examination in a timely manner shall result in disquali-
fication. For the purpose of this Article, the date of announcement of promotional
examinations shall be the date on which the announcement of promotional examination is
posted on the Departmental bulletin board on which EEO, Workers' Compensation, and
other state and federally mandated notices are posted.
Section 10. Although there are no formal educational requirements for taking the sergeant
promotional examination under this Article, the parties recognize that the Police Chief, in
his discretion, may consider educational attainment (along with otherfactors) in making his
selection for filling a promotional vacancy for sergeant.
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Section 11. If a valid eligibility list exists, a promotional vacancy will be filled within sixty
(60) days from the list in effect at the time the vacancy occurs unless the Police Chief
determines that budgetary considerations warrant further postponement.
Section 12. This Article shall apply to promotions up to rank of Sergeant.
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ARTICLE 21
GENERAL PROVISIONS
Section 1. Residency - Employees covered hereunder are required to timely respond to
emergency situations. Therefore, as a condition of initial hire and continued employment,
employees covered hereunder shall comply with current Police Department policy relating
to residency and timely response to emergency situations. Failure to comply with this
Section shall result in termination of employment.
Section 2. Outside Employment - Upon the approval of the Chief of Police, an employee
covered hereunder may accept and be employed in an off -duty job which is not in violation
of federal, state, or local laws and is not in conflict with ongoing law enforcement
operations or activities. The employee must complete an off -duty employment request and
submit such request through his /her chain of command. The request will be approved or
disapproved within seven (7) days.
Section 3. Personnel Records - Any employee shall have the right to include in his /her
official personnel file his /her sworn statement and /or sworn statements from witnesses
addressing any material he /she considers to be detrimental. The City shall keep only one
official personnel file for each employee covered hereunder. This shall not restrict the
Department or individual supervisors from maintaining working files on the employees
covered hereunder; provided, however, that items contained in such working files shall not
constitute official action (e.g., formal disciplinary action) unless they are also included in the
employee's official personnel file.
Section 4. Off -Duty Details - All requests for uniformed off -duty security work will be
handled in accordance with current policy (P &P 01 -46, effective 08/01/2006). The rate of
pay for uniformed off -duty security work will be a minimum Twenty -five Dollars ($25.00) per
hour, with a minimum of four (4) hours. The detail rate for Thanksgiving Day and
Christmas Day shall be a minimum Thirty dollars ($30.00) per hour with a minimum of four
(4) hours.
Section 5. Funeral Detail - In the event of an "in line of duty death" of a police officer, the
Police Chief (or his designee) may designate one or more employees covered hereunder
to represent the City of Sanford Police Department at the funeral services. Any employee
so designated shall be allowed time off with pay and shall be provided with transportation.
Where the Police Chief designates one or more employees to attend funeral services at a
location more than one hundred fifty (150) miles from Sanford, the Police Chief may
authorize payment of overnight lodging and food expenses (if it would be unreasonable for
the employee or employees to return from the funeral within the same day).
If a City vehicle is utilized to attend the funeral services, the FOP may designate an off -duty
employee to accompany the employee(s) designated by the Police Chief; provided that
there is available space in the vehicle, the FOP designated employee is (and shall be) on
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non -pay status (i.e., a volunteer), and the FOP is (and shall be) responsible for its
designee's travel expenses (other than transportation).
If the Police Chief does not designate any employee to attend a funeral for a police officer
killed in the line of duty, the FOP may request that it be permitted to designate an off -duty
employee or employees (not to exceed four (4)) to attend the funeral. Under such
circumstances, the Department shall provide the vehicle and the fuel for such vehicle if the
Police Chief (or his designee) determines that there are sufficient vehicles available to
meet operational needs. No vehicle will be issued to FOP designees to attend funerals
outside the State of Florida. The FOP will be responsible for all of its designees' travel
expenses, including food and lodging. As a condition precedent to obtaining the use of the
Department's vehicle (and fuel), the FOP must obtain the agreement of the Police Chief (or
his designee) as to the duration of the trip.
Employees attending such funeral services shall wear their Class A uniforms.
Section 6 Probationary Period — New employees shall be on probation for a period twelve
(12) months from the date of hire. The Police Chief, in his /her discretion, may extend this
twelve 12) -month probationary period for a maximum of three (3) additional months if
he /she feels that such additional period is warranted in order to attain acceptable job
performance. In the event the Police Chief extends the aforesaid twelve (12) -month
probationary period, he shall provide the employee with a letter stating the reasons for
such extension. During the twelve (12) -month probationary period and any extension
thereof, a new employee may be terminated or otherwise disciplined without recourse to
the grievance and /or arbitration procedure here under or any other City procedure.
Employees who are promoted to a classification covered hereunder will be on probation in
that classification for a period of six (6) months. The Police Chief, in his /her discretion,
may extend this six (6) month promotional probationary period for a maximum of three (3)
additional months if he /she feels that such additional period is warranted in order to attain
acceptable job performance. In the event the Police Chief extends the aforesaid six (6)-
month probationary period, he shall provide the employee with a letter stating the reasons
for such extension. During this six (6) -month promotional probationary period and any
extension thereof, the employee may be returned to his /her former classification without
recourse to the grievance and /or arbitration procedure hereunder or any other City
procedure if the Police Chief determines that such employee is not meeting the
requirements of the classification to which he /she was promoted.
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ARTICLE 22
RETIREMENT BENEFITS
Section 1. The City shall continue to provide the employees covered hereunder with
retirement benefits pursuant to the retirement program presently in effect. The City will
abide by all ordinances and statutes governing the City's retirement program.
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ARTICLE 23
FAMILY LEAVE
Family leave benefits will be governed by the provisions of the "Family and Medical Leave
Act of 1993" and any applicable City Personnel Rules.
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ARTICLE 24
LEGAL BENEFITS
Employees covered hereunder shall be governed by existing City policy and practice
concerning defense of lawsuits and payment of judgments.
- 39 -
ARTICLE 25
WORKERS' COMPENSATION BENEFITS
Workers' Compensation benefits shall be governed by existing state law.
- 40 -
ARTICLE 26
JOB DESCRIPTIONS
Upon the execution of this Agreement, copies of all current job descriptions for positions
covered hereunder shall be furnished to the FOP. Should any job description subsequently
be amended, a copy of such amended job description shall be provided to the FOP.
Nothing herein shall restrict the City from amending any job description to include
additional duties reasonably relating to or supportive of law enforcement.
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ARTICLE 27
EDUCATIONAL REIMBURSEMENT
Reimbursement for educational expenses shall be governed by current City rules and
regulations. Any employee desiring to attend college classes during his /her scheduled shift
must have the written approval of the Chief of Police. The Chief of Police shall have
exclusive discretion to determine whether the employee will be permitted to attend classes
during his /her scheduled shift and (if so) whether the employee may utilize vacation,
compensatory time, or adjusted work hours to facilitate attendance at such classes. Under
no circumstances shall the City incur an additional expense (e.g., overtime payment) as a
result of any employee attending college classes during his /her scheduled shift. An
employee desiring to attend college classes during his /her scheduled shift shall file a
written request with the Chief of Police at least thirty (30) days in advance of the
commencement of such classes. Such written request shall contain such information as
would assist the Police Chief in exercising his discretion to grant (or not grant) the request -
- e.g., the name of the course; the times and dates of the class(es); the reason why the
course must or should be taken; the reason why the course or an alternate course cannot
be taken at a different time, etc.
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ARTICLE 28
SENIORITY
Section 1. Seniority for the purpose of vacation accrual shall be defined as the length of
continuous service in full -time City employment and will continue to accrue during all types
of leaves of absence with pay and other leaves if specifically provided in this Agreement.
Section 2. Selection of vacation schedules shall be in accordance with current policy and
practice.
Section 3. Shift assignments, assignments to specialized units or positions, and transfers
will be made at the discretion of the Police Chief, who may consider factors other than
seniority, e.g., manning requirements, special skills, training, and /or rank. Where the
Police Chief determines that manning, skills, training, rank, and other operational
requirements are met, he shall utilize seniority within job classification (if applicable) or
seniority within the Department to determine which employee receives a particular shift
assignment, assignment to a specialized unit or position, or transfer. Nothing contained in
this paragraph shall be deemed to create a "bid" system for shift assignments.
Section 4. In the event the City determines that there is the need to lay off employees
covered hereunder, the following procedures shall be followed:
(a) The City shall determine the number and classifications of employees to be laid off.
(b) Probationary employees shall be laid off before permanent full -time employees.
(c) The Department shall utilize the current City policy regarding the order of layoff and
eligibility for recall.
(d) Section 5. An employee shall lose his status as an employee and his seniority if
he /she:
(e) Resigns or quits.
(f) Is discharged or terminated.
(g) Retires.
(h) Has been on layoff for a period of one (1) year.
Section 6. No employee shall be entitled to City benefits (or accrual of such benefits) while
on layoff status.
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ARTICLE 29
CALL -BACK, STANDBYAND COURT TIME
Section 1. Call -back pay is provided to compensate an employee required to return to
work at certain times outside of his /her regularly scheduled shift. Eligibility for call -back pay
is as follows:
(a) Except as provided in subparagraphs (b), (c), and (d) below, any employee who is
off -duty and required to perform work on an unscheduled basis shall be eligible for
call -back pay.
(b) Any employee required to return to work for two (2) hours or less prior and
contiguous to his /her regularly scheduled starting time shall be paid for the actual
time worked.
(c) Any employee who is on duty and is instructed to remain on duty shall be ineligible
for call -back pay but eligible for compensation for time actually worked.
(d) Any employee required to continue working after completion of his /her regularly
scheduled shift shall be ineligible for call -back pay but shall be paid for time actually
worked.
(e) Any employee eligible for call -back pay shall be paid for the actual hours worked,
with the minimum guarantee of two (2) hours pay. Call -back pay begins at the time
designated by the Department for the employee to commence his /her duties. Call-
back pay concludes at the time that the Department releases the employee from
his /her assigned duties.
(f) All Bargaining Unit Employees shall receive $10.00 per pay period for a total of
$260.00 per year for receiving all off duty -work related phone calls whether from
within the police department or from external parties.
Any internal duty related police department phone call made to any off -duty
Bargaining Unit Employee will not be initiated without first obtaining approval to
make the call from Lieutenant -level (including on -duty Watch Commander) or higher
authority.
Nothing in this section shall be construed as a requirement that Bargaining Unit
Employees be available for phone calls at all times.
Section 2. An employee required to attend court where he /she is involved as a witness (in
his /her official police capacity), arresting officer, and /or investigating officer shall receive a
minimum of two (2) hours pay at straight time or time and one -half, whichever is applicable.
An employee required to attend court at a time which is continuous with his /her scheduled
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work shift (i.e., before or after his /her scheduled work shift) shall be paid at his /her straight
time or time and one -half rate, whichever is applicable. The two (2) hour minimum shall
not apply. The Department reserves the right to institute any procedure or system it deems
appropriate to measure, record, and /or verify attendance at and duration of off -duty court
appearances. Strict compliance with any procedure or system so instituted by the
Department shall be a condition precedent to obtaining compensation for an off -duty court
appearance. False or inaccurate statements concerning verification of court time will be
grounds for disciplinary action up to and including discharge.
Section 3. Standby duty shall not be considered hours worked unless mandated by the
Fair Labor Standards Act.
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ARTICLE 30
PREVAILING RIGHTS
The rights, privileges, and working conditions of employees covered hereunder shall be
limited to those specifically set forth or incorporated by precise reference in this
Agreement. The FOP and the City specifically agree that, to the extent that this Agreement
reduces, increases, or otherwise alters any right, privilege, or working condition under pre-
existing City or Departmental rules and regulations, such rule or regulation shall be
amended to conform with the provisions of this Agreement.
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ARTICLE 31
SEVERAB/L/TY
Section 1. If any Article or Section of any Article of this Agreement shall be found invalid,
unlawful or not enforceable by reason of any existing or subsequently enacted legislation
or by judicial authority, all otherArticles and Sections of this Agreement shall remain in full
force and effect for the duration of this Agreement.
Section 2. The City and the bargaining unit acknowledge that during the negotiations
which resulted in this Agreement, each had the opportunity to make proposals with respect
to all matters which are normally subject to collective bargaining under applicable law. The
parties agree that the provisions of this Agreement and any items which are incorporated in
this Agreement by specific reference constitute the entire agreement of the parties.
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ARTICLE 32
VACATION
Employees covered hereunder shall be provided annual vacation leave in accordance with
the vacation leave provisions of the City of Sanford Personnel Rules and Regulations
adopted March 2001; provided that the application of Section 2.43, Vacation Policy, in the
Human Resources Manual Personnel Rules and Regulations adopted March 2001, shall
be modified for FOP collective bargaining unit members as follows:
The maximum amount of annual leave a FOP collective bargaining unit member may
have to their credit on October 1, 2015 and every October 1 thereafter is 400 hours for
an employee with 11 or more years of service and 340 hours for an employee with 10
years of service or less.
For the purpose of this article annual leave and vacation leave shall be the same.
The maximum amount of vacation leave for payment upon resignation or retirement, i.e.
the amount an employee would accrue in 1 Y2 years, shall remain the same and
unchanged.
In order to allow collective bargaining unit members the opportunity to utilize vacation
hours in excess of the above maximums the City agrees to the following:
1. Effective October 1, 2012 the City will pay down all vacation hours in excess of 800
for FOP collective bargaining unit members at their current rate of pay at a ratio of 1
hour paid for every 3 hours of accrued vacation hours in excess of 800.
2. Employees will be given 3 years to utilize excess vacation hours in order to transition
to the above maximums no later than October 1, 2015.
3. A review committee consisting of the City Manager or his designee, the Police Chief
and a member of the collective bargaining unit will meet in April and September of each
year to review levels and usage of vacation hours and discuss any issues with usage
and scheduling.
4. Commencing October 1, 2015 and each fiscal year thereafter, the City Manager or
his designee may, at his discretion, consider payment of vacation hours in excess of the
maximums allowable based upon recommendation by the Police Chief. Any payment
made for excess vacation hours will be made at the employees current rate of pay on
the basis of 1 hour paid for each 1 hour of vacation accrued in excess of the maximum
allowable.
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ARTICLE 33
HOLIDAYS
Section 1. Except as specified in Sections 2, 3 and 4 below, all holidays shall be treated in
accordance with the holiday provisions of the City of Sanford Personnel Rules and
Regulations applicable to the employees covered hereunder and in effect on the effective
date of this Agreement.
Section 2. Bargaining unit employees who work on Thanksgiving Day or Christmas Day
(0001 hours to 2400 hours) shall qualify for holiday pay in accordance with the following.
In addition to the amount of pay typically to be received for working that shift, a bargaining
unit employee shall receive an additional amount equal to one times his /her normal rate for
all hours actually worked on Thanksgiving Day or Christmas Day. A maximum of an
additional 8 or 12 hours at one times his /her normal rate will be paid based on assigned
shift schedule.
Section 3. Bargaining unit employees who are scheduled to work on Thanksgiving Day or
Christmas Day may be granted a paid holiday (staffing permitting) if approved by the Chief
of Police or his designee. The intent is to allow as many employees as possible to be able
to spend the holiday with their family.
Section 4. Bargaining unit employees who are on a regular day off on Thanksgiving Day or
Christmas Day will not receive any additional compensation.
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ARTICLE 34
SICK LEAVE
Employees covered hereunder shall be entitled to sick leave benefits in accordance with
the sick leave provisions of the City of Sanford Personnel Rules and Regulations adopted
March2001.
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ARTICLE 35
BEREAVEMENT
Employees covered hereunder shall be entitled to bereavement benefits in accordance
with the bereavement provisions of the City of Sanford Personnel Rules and Regulations in
effect on the effective date of this Agreement.
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ARTICLE 36
INSURANCE
Section 1. Employees covered hereunder shall be entitled to the same health insurance
benefits as are applicable to other City employees.
Section 2. Employees covered hereunder shall be entitled to the same life insurance
benefits (i.e., life insurance in the amount of $5,000) as are applicable to non - public safety
employees. To the extent that there exists a statutorily mandated death benefit for police
officers, such benefits shall be separate and apart from the aforesaid life insurance
benefits.
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ARTICLE 37
WAGES
Section 1. Salary Step Plan:
For Fiscal Years 2011 -2012, 2012 -2013 (effective the first payroll period after January 1,
2013)* and 2013 -2014 the salary step plan for bargaining unit employees shall be as
below.-
OFFICER FY 2011 -12 FY 2012 -13* FY 2013 -14
STEP
1
$35,720
$36,256
$36,619
2
$36,792
$37,344
$37,717
3
$37,896
$38,464
$38,849
4
$39,033
$39,618
$40,014
5
$40,204
$40,807
$41,215
6
$41,410
$42,031
$42,451
7
$42,652
$43,292
$43,725
8
$43,932
$44,591
$45,037
9
$45,250
$45,929
$46,388
10
$46,607
$47,306
$47,779
11
$48,005
$48,725
$49,212
12
$49,445
$50,187
$50,689
SERGEANT FY 2011 -12 FY 2012 -13* FY 2013 -14
��M
1
$45,837
$46,525
$46,990
2
$47,213
$47,921
$48,400
3
$48,629
$49,358
$49,852
4
$50,088
$50,839
$51
5
$51,591
$52,365
$52,889
6
$53,138
$53,935
$54,474
7
$54,732
$55,553
$56,109
8
$56,374
$57,220
$57,792
9
$58,066
$58,937
$59,526
10
$59,808
$60,705
$61,312
11
$61,602
$62,526
$63,151
12
$63,450
$64,402
$65,046
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Educational Incentives are added to base salary:
Associate - $ 500 per year
Bachelor - $1000 per year
Master - $1500 per year
Section 2. Effective October 1, 2004, an overall performance rate of WS — Meets
Standard" shall be the minimum standard associated with the annual employee evaluation
for the purpose of eligibility for step movement. An employee who does not achieve an
overall performance rate of "Meets Standard" or better shall not be eligible for a step
movement.
Effective October 1, 2002, existing employees (employees hired before October 1, 2002)
are considered to be on an October 1 annual track performance cycle regardless of date of
hire and shall be evaluated during the month of September 2003. For those employees
the same process of review and eligibility for step movement will occur in each subsequent
fiscal year during the September /October time frame. Employees hired on or after October
1, 2002, and have completed 12 months of employment shall progress to the next highest
step as of their one year anniversary. This anniversary date shall then constitute their
annual performance rating cycle. These employees will be reviewed and will be eligible for
step movement on their anniversary date instead of the fiscal year September /October
time frame.
Bargaining Unit employees who have reached Step 12 in the Salary Step Plan and have
remained at that step for minimum of one year will be eligible for a lump sum bonus of 3
percent of their current salary inclusive of any market increase agreed to by the City and
the Bargaining Unit and on the condition that an employee receives a minimum annual
performance rate of "Meets Standard ".
Section 3. Effective October 1, 2012 and notwithstanding the provisions of Sections 1 and
2 above and the Agreement to Amend Collective Bargaining Agreement (executed by the
City on 10/19/09 and the Union on 9/29/09) or any other document, there shall be no step
movement or lump sum bonus of any kind for any employee covered under this Agreement
during Fiscal Year 2012 -2013 and Fiscal Year 2013 -2014. Effective October 1, 2012,
employees covered hereunder shall remain in the step (and at the salary level) in the
Salary Step Plan for FY 2011 -2012 set forth in Section 1 above; provided, however, that
effective the first payroll period after January 1, 2013 and the first payroll period after
October 1, 2013, employees covered hereunder shall receive wage increases in
accordance with the following:
A. Effective the first payroll period after January 1, 2013, each employee
covered hereunder shall receive a 1.5% increase. Such 1.5% increase is reflected
in the Salary Step Plan for FY 2012 -2013 (effective the first payroll period after
January 1, 2013) set forth in Section 1 above. (For example, an Officer in Step 2 of
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the FY 2011 -2012 Salary Step Plan will remain in Step 2, but shall have his /her
salary increased from $36,792 to $37,344, effective the first payroll period after
January 1, 2013, as reflected in the FY 2012 -2013 Salary Step Plan.)
B. Effective the first payroll period after October 1, 2013, each employee
covered hereunder shall receive a 1 % increase. Such increase is reflected in the
Salary Step Plan for FY 2013 -2014 (effective the first payroll period after October 1,
2013) set forth in Section 1 above. (For example, a Sergeant in Step 8 of the FY
2012 -2013 Salary Step Plan will remain in Step 8, but shall have his /her salary
increased from $57,220 to $57,792, effective the first payroll period after October 1,
2013, as reflected in the FY 2013 -2014 Salary Step Plan.) Should the City increase
the base wages of employees in other bargaining units in a percentage amount
greater than the 1 % increase provided the FOP bargaining unit employees in this
paragraph (B.), the FOP bargaining unit employees shall have their base wages
increased by such greater percentage amount rather than the 1 % set forth herein.
Section 4. The wage increases described in Section 3A. and 3B. above shall be the only
wage increases of any kind for Fiscal Year 2012 -2013 and Fiscal Year 2013 -2014 for
employees covered hereunder. The Salary Step Plan(s) in Section 1 above shall
automatically expire on September 30, 2014. Any wage increases after September 30,
2014, whether by step plan or otherwise, shall be limited to whatever wage increase (step
plan, market adjustment, etc.), if any, specifically negotiated by the City and the Union.
Section 5. Should the City Commission approve a lump sum (holiday) bonus for all City
employees, the bargaining unit employees covered hereunder shall be eligible to receive
such lump sum (holiday) bonus on the same terms and conditions as applicable to other
City employees.
ARTICLE 38
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SPECIAL ASSIGNMENT PAY
Section 1. The Police Chief may designate an employee to be an official Departmental
interpreter. Said bilingual employee shall request in writing to the Chief of Police to
become an official Departmental interpreter. All Department interpreters must pass a
departmentally approved language fluency test. If the Chief of Police designates an
employee to be an official Departmental interpreter, the employee shall received twenty
dollars ($20.00) per pay period (bi- weekly). No employee shall be entitled to the aforesaid
additional pay unless he /she has been designated an official Departmental interpreter by
the Police Chief in writing.
Section 2. The City agrees to supplement those bargaining unit employees with a fifty
dollar ($50.00) monthly shift differential who are permanently assigned to
Midnight Shift Patrol.
Section 3. The Police Chief, or his designee shall designate qualified police officers to
serve in a capacity of Field Training Officer (FTO). Field Training Officers so designated
shall received an additional $100.00 per month. No police officer shall be required to sign
off on the field training of another police officer unless he /she has been appointed a Field
Training Officer (FTO) by the Police Chief, or his designee. Nothing herein shall restrict a
police officer not assigned as a Field Training Officer from incidentally or occasionally
riding with a new police officer or instructing or observing a new police officer in the
performance of a particular task; provided, however, that any such police officer not
assigned as a Field Training Officer shall not have any responsibility for signing off on the
new police officer's field training. (Sergeants will normally not be assigned as Field
Training Officers; however, as a part of their normal supervisory duties, Sergeants may be
required to observe, instruct, and evaluate new police officers without additional
compensation.)
FTO's shall wear an insignia on their sleeve as determined by the Chief of Police.
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ARTICLE 39
DURATION
Section 1. This Agreement shall take effect on October 1, 2012, subject to ratification by
the FOP and approval by the City Commission and shall remain in full force and effect until
and including September 30, 2014, when all of the provisions contained herein shall
automatically terminate. In order to negotiate a new agreement to succeed this
Agreement, written notice shall be given by either party to the other no sooner than April
15, 2014, and no later than July 1, 2014.
This Agreement constitutes the complete and final agreement of the parties on all issues
which have been and could have been negotiated; provided that the Agreement shall be
amended to reflect any changes to wages (Article 37) resulting from the application of
Article 37, Section 3B. or pursuant to the reopener.
LIMITED REOPENER. Each party (the City and the FOP) may reopen this Agreement for
the limited purpose of negotiating /renegotiating one non -wage Article for Fiscal Year 2013-
2014, i.e., one Article per each party. (Under no circumstances shall Article 37 — WAGES
be reopened.) This limited reopener shall not require formal notification by either party;
provided, however, that the parties shall commence negotiations no later than May 1, 2013
in order to conclude the bargaining process in a timely manner.
Section 3. Any notice to be given by the FOP under this Agreement shall be given by
registered or certified mail to the City Manager, City of Sanford, 300 North Park Avenue,
Sanford, Florida 32771. Any notice to be given under this Agreement by the City to the
FOP shall be hand - delivered to any officer of the FOP or shall be mailed to the Florida
State Lodge Fraternal Order of Police, 242 Office Plaza, Tallahassee, FL 32301
CITY OF SANFORD
BY: �>
Norton .Bonaparte,
City Manager
FRATERNAL ORDER OF POLICE
MR
Ned D. Gol en
FOP State Staff Representative
t an n i
OP L ae # 0 Union Steward
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