HomeMy WebLinkAbout2470 FOP Police Officers & Sergeants contract (2022-2025)�a41v
FLORIDA STATE LODGE
FRATERNAL ORDER OF
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POLICE INC.
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SANFORD POLICE
LODGE 140
Officers & Sergeants
SANFORD, FLORIDA
CONTRACT 2022-2025
FP 46319758.1
TABLE OF CONTENTS
ARTICLE
SUBJECT
PAGE
1
Recognition
2
2
Management Rights
3
3
No -Smoking Policy
6
4
Dues Deduction
7
5
Work Stoppages
8
6
Stewards and FOP Business
9
7
Non -Discrimination
11
8
Bulletin Boards
12
9
Labor -Management Committee
13
10
City and Departmental Rules
14
11
Disciplinary Action
15
12
Grievance and Arbitration
18
13
Workweek and Overtime
22
14
Uniforms and Equipment
23
15
Voluntary Physical Fitness
24
16
Working Out of Classification
25
17
Publication of Agreement
26
18
Safety
27
19
Promotions
28
20
General Provisions
31
21
Retirement Benefits
33
22
Family Leave
34
23
Legal Benefits
35
24
Workers' Compensation Benefits
36
25
Job Descriptions
37
FP 46319758.1
ARTICLE
SUBJECT
PAGE
26
Educational Reimbursement
38
27
Seniority
39
28
Call -Back, Standby and Court Time
40
29
Prevailing Rights
42
30
Severability
43
31
Vacation
44
32
Holidays
45
33
Sick Leave
47
34
Bereavement
48
35
Insurance
49
36
Wages
50
37
Special Assignment Pay
51
38
Duration
52
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
FP 46319758.1
Uf'_ 11
This Agreement is entered into 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."
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FP 46319758.1
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 City recognizes the FOP as the exclusive bargaining agent for all
employees in the classification included in the applicable PERC Certification, Certification
Number 1725, and as a result thereof, the City recognizes the FOP as the exclusive
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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FP 46319758.1
ARTICLE 2
MANAGEMENT RIGHTS
Section 1. Except as specifically and expressly abridged, limited or modified by the
written terms of this Agreement, all 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, layoff, 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.
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FP 46319758.1
(h) To increase, reduce, change, modify or alter the size and composition of the
work force.
(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.
(j) 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
conditions, 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.
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FP 46319758.1
Section 8. The City shall have the right, during the term of this Agreement, to suspend
in whole or in part orto terminate selected services/operations permanently.
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
authorities 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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FP 46319758.1
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 or
smokeless cigarettes (E -CIG), or vaping devices, or any other similar paraphernalia 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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FP 46319758.1
ARTICLE 4
DUES DEDUCTION
Section 1. Any member of the FOP, who has submitted a properly executed written
dues authorization form (see Appendix E) 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. 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 Appendix E)
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:
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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FP 46319758.1
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 that 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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FP 46319758.1
ARTICLE 6
STEWARDS 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
Human Resources 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 such as conferences, seminars or other functions not
included or addressed in Article 10, such as grievance or disciplinary hearings; 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 30 (thirty) calendar 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 may approve or disapprove 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
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FP 46319758.1
interpretation of this Agreement. Under no circumstances shall the exercise of this right
by the Union Steward 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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FP 46319758.1
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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FP 46319758.1
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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FP 46319758.1
ARTICLE 9
LABOR-MANAGEMENT COMMITTEE
Section 1. There shall be a Labor -Management Committee that 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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FP 46319758.1
ARTICLE 10
CITYAND 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. Management and the FOP agree that electronic access to these
documents by Union Stewards satisfies the requirement of this section. A Union
Steward's electronic signature shall not be construed as full FOP acceptance and
agreement of any rule, regulation, policy, procedure, or special order. Union Stewards,
or a representative of the FOP, shall bring any rule, regulation, policy, procedure, or
special order alleged to be in conflict with the Collective Bargaining Agreement to the
attention of Management within 14 days of publication of that rule, regulation, policy,
procedure, or special order.
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 may be released from
duty, workload permitting, with pay, for the purposes of attendance at grievance meetings
under Step 1 and 2 of the grievance procedure. Any attendance at such meetings on off-
duty time will not be compensated. Only one Union Steward or alternate shall attend the
grievance hearing. Such meeting will not be open to the public.
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FP 46319758.1
ARTICLE 11
DISCIPLINARY ACTION
Section 1. Employees shall be demoted, suspended, dismissed, or otherwise
disciplined in accordance with City and Departmental Policies and Procedures and the
Disciplinary Matrix (See Appendix B). Any such demotion, suspension, dismissal, or
other disciplinary action shall be subject to the grievance/arbitration 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 on a City "Disciplinary Action
Record" form.
Section 4. Notwithstanding the provisions of Section 3 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
individual records, and no records will be hidden fro
(1) copy of the final investigative report will, upon re
employee at no cost.
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FP 46319758.1
inspect and make notes of their
m the employee's inspection. One
quest, be provided to the subject
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
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.
(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:
1. 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 that 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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FP 46319758.1
(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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FP 46319758.1
ARTICLE 12
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 at Appendix D), shall be filed with the
Police Chief within ten (10) calendar days of the occurrence of the events which gave rise
to the grievance. 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 Human Resources
Director, and the FOP.
STEP TWO: Any grievance that 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 Chief's 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.
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
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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 seven (7)
qualified arbitrators from the Federal Mediation and Conciliation Service. 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 that 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 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.
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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 that 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
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 a representative 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.
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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 13
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. Effective the first full pay period after both parties
ratify this Agreement, the City agrees employees covered by this Agreement shall be
scheduled to work eighty-four (84) hours per fourteen (14) day period. "Hours worked"
are applied to the calendar day the shift began
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-four (84) hours during a
fourteen -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 City of Sanford Personnel Policies and
Procedures. Under no circumstances shall sick leave, vacation leave, or any other time
except Jury Duty and holiday leave, 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 14
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 within legal
limits, 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.
Section 6. The Clothing allowance shall be $150.00 per month for the duration of this
agreement.
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ARTICLE 15
VOLUNTARY 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 may voluntarily participate in an annual
physical fitness evaluation based on the Cooper Institute's physical fitness standards.
The evaluation shall consist of:
(a) 1.5 mile run.
(b) 300 meter run.
(c) Maximum push-ups in one minute.
(d) Maximum sit ups in one minute.
(e) Sit and Reach.
The evaluation is intended to be conducted in a continuous fashion resulting in a
cumulative score. The evaluation will be administered based on the age and gender
standards established by The Cooper Institute. (See Appendix C).
Section 3. The evaluation will be given on an annual basis. All evaluations will be
administered in the months of February, March and April.
Section 4. It is agreed upon that the Physical Fitness Program has reached full
implementation. Voluntary participation of members continues. Mandatory standards for
promotional testing are in effect.
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ARTICLE 16
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-four (84)
consecutive regularly scheduled work hours shall receive a 10% increase to his/her
regular rate of pay for all hours worked in the Acting Sergeant capacity subsequent to the
eighty-four (84) consecutive regularly scheduled work hours. (Each separate period of
service shall require a separate eighty-four (84) consecutive regularly scheduled work
hours period of service as a condition precedent to receipt of the 10% 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 10% increase if he/she fulfills the requirements set forth in
Section 1 above.
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ARTICLE 17
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. An electronic copy of the
agreement will also be made available on the City website.
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ARTICLE 18
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 19
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 six (6) 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 board examinations; or
(c) Interviews; or
(d) In basket; or
(e) Role-playing; or
(f) Tactical plan; or
(g) Operational plan; or
(h) Any additional or combination of the foregoing.
Section 5. At the time of announcement and scheduling of a promotional examination:
(a) The Department shall announce the date and place of the examination;
(b) The method by which examination scores will be determined;
(c) Cut-off scores (if any) for various sections of the examination;
(d) Type of examination (written test, oral examination, assessment, etc.);
(e) Eligibility requirements (i.e., other than those set forth in this Article);
(f) Sources (other than practical experience) from which examination
questions may be drawn; and reference material and/or study guides which
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will assist applicants in preparing for the examination.
Section 6. Oral board testing, interview, and role-playing or other components of the
promotional examinations will be determined upon the selection of an outside testing
agency. All material related to the testing process will be made available as outlined in
Section "5" of this document.
These shall be conducted by a three-member panel. All three assessors shall be the rank
of Lieutenant or higher employed by municipal law enforcement agencies outside the
Sanford Police Department and Seminole County.
Section 7. 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 8. 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 achieved a minimum
cumulative score of 50% or higher on the most recent physical fitness evaluation
set forth in this Agreement. (See Appendix C)
• 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
disqualification.
• 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 9. Education: The following formal educational requirements for taking the
Sergeant promotional examination are Associate in Arts Degree or Associate in Science
Degree from an accredited educational institution or with six (6) years of active law
enforcement experience. Officers hired after January 2015 must have an Associate in
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Arts Degree or Associate in Science Degree from an accredited educational institution to
apply. The parties recognize that the Police Chief, in his discretion, may consider
additional educational attainment (along with other factors) in making his selection for
filling a promotional vacancy for sergeant.
Section 10. If a valid eligibility list exists, a promotional vacancy may be filled at the
discretion of the Chief of Police from the promotional list, unless the Chief of Police
determines the candidate's promotion is not in the best interest of the Department or the
City.
Section 11. This Article shall apply to promotions up to rank of Sergeant.
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ARTICLE 20
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 that 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, revised 05/20/2021). The rate of
pay for uniformed off-duty security work will be as follows:
Detail Rate (A - Local Non -Holiday) - Police Sergeants and Police Officers will receive a
minimum of Forty Dollars ($40.00) per hour, with a minimum of four (4) hours for all local
non -holiday details. Anyone assigned to a designated "supervisor" position (determined
via Mutual Agreement, contract or Special Event Review Committee recommendation)
over the detail shall be eligible to receive an additional Five Dollars ($5.00) per hour.
Detail Rate (B - Local Holiday) — Police Sergeants and Police Officers will receive a
minimum of Sixty Dollars ($60.00) per hour, with a minimum of four (4) hours for all local
holiday details as recognized by the City of Sanford. Anyone assigned to a designated
"supervisor" position (determined via Mutual Agreement, contract or CERC Committee
recommendation) over the detail shall be eligible to receive an additional Five Dollars
($5.00) per hour.
Detail Rate (C - Out of Jurisdiction) - All out of jurisdiction detail rates are varied,
dependent upon vendor pricing and originating agency. In instances where the City of
Sanford has a Mutual Agreement with another jurisdiction, the parties' established detail
rates shall apply to all bargaining unit members. Otherwise, all other out of jurisdiction
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details will be paid at the set vendor pricing minus the administrative fees assessed by
the City based on current practice.
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). Employees attending such funeral services shall wear their Class A uniforms.
Section 6. Probationary Period - New employees shall be on probation for a period
eighteen (18) months from the date of hire. The Police Chief, in his/her discretion, may
extend this eighteen (18) -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 eighteen
(18) -month probationary period, he shall provide the employee with a letter stating the
reasons for such extension. During the eighteen (18) -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 hereunder 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 twelve (12) months. The Police Chief, in his/her
discretion, may extend this twelve (12) -month promotional probationary period for a
maximum of four (4) 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 this twelve (12) -
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 21
RETIREMENT BENEFITS
Section 1. Effective October 1, 2017, all new hired employees shall be enrolled and
participate in the Florida Retirement System (FRS) retirement plan on the terms and
conditions of such plan. Employees hired before October 1, 2017 may elect to remain in
the City of Sanford's Police Officers Retirement System or transfer to FRS in accordance
with applicable rules.
Section 2. Effective October 1, 2017, the multiplier for service under the City of
Sanford's Police Officers Retirement System shall be 3.0% for all service on or after
October 1, 2017. Employees in the City of Sanford's Police Officers Retirement System
shall contribute 6.1 % of their gross pay for service on or after October 1, 2017.
Section 3. The City and the Union mutually agree that all Chapter 185 excess premium
tax revenues accumulated and received in the future shall be used to reduce the unfunded
actuarial liability of the City of Sanford's Police Officers Retirement System pension plan
as long as such liability exists and thereafter shall be applied to reduce the City's annual
required contribution to the plan.
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ARTICLE 22
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 23
LEGAL BENEFITS
Employees covered hereunder shall be governed by Florida State Statues and existing
City policy and practice concerning defense of lawsuits and payment of judgments.
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ARTICLE 24
WORKERS' COMPENSATION BENEFITS
Workers' Compensation benefits shall be governed by existing state law.
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ARTICLE 25
JOB DESCRIPTIONS
Upon the execution of this Agreement, the FOP may request copies of all current job
descriptions for positions covered hereunder and those copies 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 26
EDUCATIONAL REIMBURSEMENT
Reimbursement for educational expenses shall be governed by current City rules and
regulations.
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ARTICLE 27
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 sole 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. The City shall determine
the number and classifications of employees to be laid off.
(a) Probationary employees shall be laid off before permanent full-time
employees.
(b) The Department shall utilize the current City policy regarding the order of
layoff and eligibility for recall.
Section 5. An employee shall lose his status as an employee and his seniority if
he/she:
(a) Resigns or quits.
(b) Is discharged or terminated.
(c) Retires.
(d) 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 28
CALL-BACK, STANDBY AND 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 shall be guaranteed at least two
(2) hours of pay.
(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 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.
(e) 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.
(f) 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.
(g) 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 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
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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. Stand -By duty shall not be considered hours worked unless mandated by
the Fair Labor Standards Act. Bargaining Unit employees who are required to perform
stand-by duties as assigned by their immediate supervisor or as required by assignment
to Investigations, Traffic Homicide or Public Information Officer shall be compensated at
one and one half (1.5) hours of pay, per calendar day, while in this status. This Section
shall take effect the first full pay period after both parties ratify this agreement.
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ARTICLE 29
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 30
SEVERABILITY
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 other Articles 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
that 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 that are
incorporated in this Agreement by specific reference constitute the entire agreement of
the parties.
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ARTICLE 31
VACATION
Section 1. 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:
Section 2. 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.
Section 3. For the purpose of this article annual leave and vacation leave shall be the
same.
Section 4. The maximum amount of vacation leave for payment upon resignation or
retirement, i.e. the amount an employee would accrue in 1'/2 years, shall remain the same
and unchanged.
Section 5. 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:
(a) 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.
(b) 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 an employee's current rate of pay on the
basis of 1 hour paid for each 1 hour of vacation accrued in excess of the
maximum allowable.
Section 6. Actual vacation time used by employees in lieu of actual hours worked shall
be documented by them to reflect the actual hours missed.
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ARTICLE 32
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, Friday following
Thanksgiving, Christmas Eve, Christmas Day, New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day and Labor Day i.e. City recognized Holidays 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 half (1/2) times his/her normal rate for all hours actually
worked on these holidays.
Section 3. Bargaining unit employees who are scheduled to work on the nine (9) City
recognized holidays may request that day off as "Holiday Leave" prior to the said holiday.
Said request may be granted (staffing permitted) by their immediate supervisor for non -
patrol shift personnel. Shift personnel may request "Holiday Leave" prior to the date but
it would not be granted until such time (the day/evening of said) and manning for that shift
has been met. Those required to report for work and are subsequently sent home
(staffing permitted) may be granted a paid holiday for the remainder of their scheduled
shift 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 the nine (9) City
recognized holidays will not receive any additional compensation. Bargaining unit
employees who request and are approved for leave time prior to their scheduled shift on
the nine (9) City recognized holidays will not receive any additional compensation or
additional paid holiday time. An employee who is on unscheduled Personal or Sick leave
on an observed holiday will receive Personal or sick pay only. If an employee is off on a
City -approved workers' compensation injury on his scheduled work shift both preceding
and following a holiday, she/she shall receive credit for the holiday.
Section 5. Should the City add a tenth (or more) City recognized holiday after the
ratification of this Agreement, any and all such holidays will be automatically included
prospectively in Section 2 of this Article.
Section 6. All holiday time used by employees in lieu of actual hours worked shall be
documented by them to reflect the actual hours missed.
Section 7. This Agreement may be reopened for negotiations for Fiscal Year 2024-25
upon written notice no later than July 1, 2024 by either the City or the Union only for the
purpose of discussing Article 32 (Holidays). No other issues may be the subject of
-45-
FP 46319758.1
collective bargaining during the re -opener of Article 32 in the absence of mutual
agreement in writing between the City and the Union. During any such negotiations, all
provisions of this agreement shall continue in full force and effect unless and until new
provisions are ratified in full.
FP 46319758.1
ARTICLE 33
SICK LEAVE
Section 1. Employees covered hereunder shall be governed by the sick leave
provisions of City of Sanford Administrative Policy 5.40 in effect on the effective date of
this Agreement.
Section 2. Actual time used (sick, vacation, PTO, etc.) by employees in lieu of actual
hours worked shall be documented by them to reflect the actual hours missed.
-47-
FP 46319758.1
ARTICLE 34
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.
-48-
FP
48 -
FP 46319758.1
ARTICLE 35
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 as are applicable to non-public safety employees under the most current City of
Sanford Personnel Policies and Procedures. 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.
-49-
FP 46319758.1
ARTICLE 36
WAGES
Section 1. For Fiscal Years 2022-23, 2023-24 and 2024-25, employees covered
hereunder shall receive wage increases in accordance with the following:
(a) Employees shall receive a thirteen percent (13%) wage increase, as is
reflected in Appendix A. The minimum annual base salary for a police
officer is $49,720. These provisions shall be retroactive to the beginning of
the first full payroll period after October 1, 2022 only if the Union ratifies an
Agreement no later than March 9, 2023. Otherwise, these provisions
become effective either upon both parties' ratification of this Agreement or
upon the date these increases otherwise take effect of law pursuant to
Florida Statutes §447.403.
(b) Effective the first full payroll period after October 1, 2023, the minimum
annual base salary for a police officer is $51,211. Those employees hired
prior to October 1, 2023 shall receive a seven percent (7%) wage increase.
(c) Effective the first full payroll period after October 1, 2024, the minimum
annual base salary for a police officer is $52,747. Those employees hired
prior to October 1, 2024 shall receive a six percent (6%) wage increase.
(d) City policy shall apply to calculate the wage increase for any bargaining unit
member promoted during the term of this Agreement.
(e) Educational Incentives are added to base salary:
Associate $500 per year
Bachelor $1000 per year
Master $1500 per year
Section 2. The wage increases described above shall be the only wage increases of
any kind for Fiscal Years 2022-23, 2023-24 and 2024-25. Any wage increases after
September 30, 2025 shall be limited to whatever wage increase (step plan, bonus, wage
increase, market adjustment, etc.) is specifically negotiated by the City and the Union.
Section 3. 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.
-50-
FP 46319758.1
ARTICLE 37
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 receive 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 one
hundred fifty dollar ($150.00) 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 receive an additional $200.00 per month. No police officer shall be required to sign
off on the field training of another police officer unless the Police Chief, or his designee
has appointed him a Field Training Officer (FTO). 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.
-51-
FP 46319758.1
ARTICLE 38
DURATION
1. The parties acknowledge that during negotiations which resulted in this
agreement, each had the unlimited right and opportunity to make demands and proposals
with respect to any subject or matter not removed by law from the area of collective
bargaining, and that the understandings and agreements arrived at by both parties after
the exercise of that right and opportunity are set forth in this Agreement. The parties
hereto may commence negotiations, under applicable law, on any succeeding agreement
to take effect upon termination of this Agreement.
2. This Agreement shall become effective upon ratification by both the
bargaining unit members and formal approval by the City Commission.
3. The wages set forth in Article 36 shall automatically expire on September
30, 2025. Wage increases, if any, after September 30, 2025 shall be negotiated between
the City and the Union.
4. Upon mutual ratification by the parties, this agreement supersedes and
replaces the prior collective bargaining agreement between the parties with duration
ending on September 30, 2022.
CITYOF SAI�.F-O D FRATERNAL ORDER OF POLICE
Norton N. Bonaparte, Jr _, Brian Cechowski
Cit Manager City g � � FOP Florida Labor Council
H }; Staff Representative
Mike Bernosky
FOP Lodge #140 Union President
<Type here to customize title> Date: 3/10/2022
APPENDIX A
Last Name
First Name
Middl
2023 Annual
2024 Annual
2025 Annual
AMIN
SAHIL
M
51,912.91
55,546.82
58,879.63
ANDERSON
MARCUS
C
58,961.34
63,088.64
66,873.95
BENITEZ
STEVE
52,416.99
56,086.18
59,451.35
BLANCETT JR
LAWRENCE
K
82,051.41
87,795.00
93,062.71
BOLAND
DARNELL
D
50,400.95
53,929.02
57,164.76
BOUTELLE
ADAM
A
60,076.37
64,281.71
68,138.61
BOWEN
JASON
A
71,294.32
76,284.92
80,862.02
BOWERS
WILLIAM
T
51,912.91
55,546.82
58,879.63
BROWN
NICOLE
59,240.03
63,386.84
67,190.05
BUCHANAN-KLEPP
JORDAN
W
69,327.80
74,180.75
78,631.60
BURKE
ROBERT
S
54,897.68
58,740.52
62,264.95
BURKS, JR
RICKY
T
49,720.00
53,200.40
56,392.42
CENTENO
ROBERT
49,720.01
53,200.41
56,392.43
CHIN
STEPHEN
J
50,400.95
53,929.02
57,164.76
CLAUDIO
ALBERTO
R
50,400.95
53,929.02
57,164.76
COLLINS
ERIC
T
59,240.03
63,386.84
67,190.05
COOK
ANTHONY
L
59,797.42
63,983.24
67,822.23
CUSIMANO
GERALD
J
54,897.68
58,740.52
62,264.95
DE LA ROSA
FRANCISCO
J
53,299.05
57,029.98
60,451.78
DELORBE
DOMINICK
O
49,720.01
53,200.41
56,392.43
DEMASTUS
KOREY
J
59,240.03
63,386.84
67,190.05
DIFATTA JR
JOHN
M
79,771.08
85,355.05
90,476.36
DURKEE
ROBERT
T
63,763.80
68,227.27
72,320.90
EMERY
ANDREW
K
54,897.68
58,740.52
62,264.95
FLANAGAN
BREE
L
57,735.14
61,776.60
65,483.20
FLANAGAN
BRENT
W
59,797.42
63,983.24
67,822.23
*FLANAGAN
BRIAN
C
60,076.37
64,281.71
68,138.61
FLOWERS
DONALD
M
63,763.80
68,227.27
72,320.90
FRENCH
CHRISTOPHER
D
59,240.03
63,386.84
67,190.05
GARCIA
OTTO
S
59,518.73
63,685.04
67,506.14
GUERRA
JOE
L
69,328.06
74,181.02
78,631.88
GUILLEN LARA
FERNANDO
52,416.99
56,086.18
59,451.35
GUNN
JOSHUA
A
59,240.03
63,386.84
67,190.05
HAMILTON
DWAYNE
A
52,416.99
56,086.18
59,451.35
HAMLIN
WILLIAM
T
50,400.95
53,929.02
57,164.76
HARRISON
WILLIAM
T
60,076.37
64,281.71
68,138.61
HERNANDEZ
IJASON
JA 1
54,897.68
58,740.52
62,264.95
Page 1
<Type here to customize title> Date: 3/10/2022
Last Name
First Name
Middl
2023 Annual
2024 Annual
2025 Annual
HERNANDEZ GOMEZ
MICHAEL
59,240.03
63,386.84
67,190.05
HILL
SEAN
B
59,240.03
63,386.84
67,190.05
HOOPER
JUSTINE
M
58,961.34
63,088.64
66,873.95
HUNDEMANN
ROBERT
A
58,961.34
63,088.64
66,873.95
INOA
AMELIA
L
59,240.03
63,386.84
67,190.05
IRIZARRY
CHRISTOPHER
A
58,961.34
63,088.64
66,873.95
IVANOV
IVAN
59,518.73
63,685.04
67,506.14
JOHNSON
ADAM
L
65,564.31
70,153.82
74,363.04
JOSEPH
DENVER
59,518.73
63,685.04
67,506.14
KAISER
DAVID
J
54,897.68
58,740.52
62,264.95
KRUPA
KYLE
T
58,961.34
63,088.64
66,873.95
KUCHCINSKI
ROBERT
F
67,418.14
72,137.41
76,465.65
LEWIS
PAYTON
C
50,400.95
53,929.02
57,164.76
LOCHER
CHARLES
R
51,912.91
55,546.82
58,879.63
LUNDQUIST
GARRETT
59,240.03
63,386.84
67,190.05
LYNCH
SEAN
F
59,518.73
63,685.04
67,506.14
MACDONALD
TROY
R
82,051.41
87,795.00
93,062.71
MATEO
YORDAN
N
53,299.05
57,029.98
60,451.78
MEAD
JONATHAN
W
63,763.80
68,227.27
72,320.90
MERZOYAN
VANEEK
A
58,961.34
63,088.64
66,873.95
MORGAN
ALFRED
J
65,564.31
70,153.82
74,363.04
MUNOZ
GUSTAVO
A
58,961.34
63,088.64
66,873.95
NATION
PHILIP
E
69,328.06
74,181.02
78,631.88
NEAL
RONNY
R
75,408.26
80,686.84
85,528.05
NELSON
CARIE
E
52,416.99
56,086.18
59,451.35
NETTLES
SHARON
58,961.34
63,088.64
66,873.95
NOFFKE
SEAN
58,961.34
63,088.64
66,873.95
ORTIZ
ROBERT
A
49,720.01
53,200.41
56,392.43
PAGAN
KESS
P
49,720.00
53,200.40
56,392.42
PIZARRO
JOSE
A
58,961.34
63,088.64
66,873.95
**POP
DORU
C
59,797.42
63,983.24
67,822.23
QUINN
GREGORY
R
58,961.34
63,088.64
66,873.95
RAINSFORD
BRITTANY
A
49,720.00
53,200.40
56,392.42
RAMOS
GINOSHKA
A
58,961.34
63,088.64
66,873.95
REGN
SARAH
58,961.34
63,088.64
66,873.95
RIVERA
ILANCE
R
1 65,564.31
70,153.82
74,363.04
ROBINSON
AUSTIN
J
59,797.42
63,983.24
67,822.23
ROSADO
HECTOR
A
73,320.97
78,453.44
83,160.64
Page 2
<Type here to customize title> Date: 3/10/2022
Last Name First Name Middl 2023 Annual 2024 Annual 2025 Annual
ROSSI
ALEXIS
A
52,416.99
56,086.18
59,451.35
SALGADO
JOSE
81,611.76
59,240.03
63,386.84
67,190.05
SHAYLOR
JOEL
D
54,897.68
58,740.52
62,264.95
SMITH
JENNA
M
59,797.42
63,983.24
67,822.23
SOZIO
TIFFANY
J
50,400.95
53,929.02
57,164.76
STAPLER
REGINALD
B
57,735.14
61,776.60
65,483.20
TAYLOR
LONNIE
A
75,408.26
80,686.84
85,528.05
THORNTON
MATTHEW
C
82,051.41
87,795.00
93,062.71
TORRES
TONIANNE
87,748.06
53,299.05
57,029.98
60,451.78
TOWNSEND
TAMMY
J
67,418.14
72,137.41
76,465.65
WRISTON
WILLIAM
T
49,720.01
53,200.41
56,392.43
YOUNG
CORNELIUS
68,478.08
58,961.34
63,088.64
66,873.95
ZEMBOWER
JARROD
G
60,076.37
64,281.71
68,138.61
HALL
TYLER
J
35,256.00
37,723.92
39,987.36
LOUISSAINT
RICHARDSON
D
35,256.00
37,723.92
39,987.36
SANCHEZ
IEDWIN
35,256.00
37,723.92
39,987.36
THOMAS
JASTON
M 1
35,256.00
37,723.92
39,987.36
*Brian Flanagan was promoted to Sergeant on 3/1/2023 and thus his salary will be increased to
$68,787.44 for 2023 on that date, and $73,602.56 for 2024, and $78,018.72 for 2025.
Page 3
Sergeants
AYALA
RICARDO
81,611.76
87,324.59
92,564.06
BOLEWARE
SHANNON
M
76,260.76
81,599.01
86,494.96
CLEVELAND
SHERRY
C
81,137.51
86,817.13
92,026.16
GENTRY
CHARLES
A
80,652.89
86,298.59
91,476.51
GLENN
ZACHARY
B
81,137.51
86,817.13
92,026.16
JUSTINIANO
JACOB
T
74,923.39
80,168.03
84,978.11
JUSTINIANO
SANJUANITA
72,822.45
77,920.03
82,595.23
LEMAN
TINA
M
87,748.06
93,890.42
99,523.85
MEMMINGER
JOSHUA
C
70,131.54
75,040.75
79,543.19
MILLER
JERAMIAH
J
78,883.45
84,405.30
89,469.61
NSOULI
CHAFIC
K
68,478.08
73,271.55
77,667.84
SHOR
JASON
83,459.02
89,301.15
94,659.22
SMART
HEATHER
E
80,652.89
86,298.59
91,476.51
WALKER
MATTHEW
B
76,260.76
81,599.01
86,494.96
*Brian Flanagan was promoted to Sergeant on 3/1/2023 and thus his salary will be increased to
$68,787.44 for 2023 on that date, and $73,602.56 for 2024, and $78,018.72 for 2025.
Page 3
<Type here to customize title> Date: 3/10/2022
Last Name I First Name I Middlj 2023 Annual 2024 Annual 2025 Annual
**Doru Pop was promoted to Sergeant on 10/29/22 and thus his salary will be increased to
$68,319.91 for 2023 on that date, and $73,102.30 for 2024, and $77,488.44 for 2025.
Page 4
APPENDIX B
1. Purpose
The purpose of the discipline matrix is to establish guidelines for police supervisors and officers in determining
it recommended level of discipline including, but not inclusive to, each ofthe infractions identified in the matrix.
The matrix is to'be a guideline based on the general principles of progressive discipline. There may be instances
where the matrix does not address a situation or related facts and where discretionary authority will be used to
determine the proper discipline.
II. Complaint and Investigation
Upon receipt of a complaint against an employee, the established disciplinary procedures will be followed. If,
at the conclusion of the investigation by the Office of Professional Standards the complaint is sustained, the
recommendation for disciplinary action shall be based on this matrix
III. Presentation of Disciplinary Decision
When the OPS report has been submitted through the chain of command, the Chief of Police will make the final
determination on the discipline to be given to the employee.
IV. Discipline Decision Maker
In making a determination of discipline, the Chief of Police shall consider the following:
• Severity of the infraction
• Employee's past "sustained" violations (Progressive discipline shall be awarded for similar violations)
• The discipline matrix
In all instances, the Chief of Police has the discretionary authority:
• To increase or decrease disciplinary action up to and including termination for egregious violations
regardless of the standard established in the matrix.
• To determine the proper discipline for infractions that may not be listed in this matrix consistent with
the guidelines as outlined here.
V. No Precedent Established
Furthennore, the implementation of a. level of discipline in a particular case will not establish precedent for
future action for similar violations.
VI. Aged Disciplines
FPDOCS
FP 38539721.1
800-15
-Acting as Bondsmen Prohibited
3
80046
Dismissal of Charges by Officers
2
800-17
Releasing Arrested Persons Without Bail
2
900-1
Commercial Testimonials
1
900-2
Off -Duty and Extra -Duty Employraent
3
900-3
Political Activities
I
900-1
Personal Preferment
3
900-5
Conduct Toward the Public
3
1000-1
Court Appeuances and Acceptance of Subpoena
2
1000-2
TestifYing for the Department
1
1000-3
Departmental Investigations: Testifying
2
1000-4
Truthfulness
4
1000-5
Civil Cases
2
1000-5
Court Attendance While on Du
2
LEVELS OF DISCIPLINE
• Training, counseling and other non -disciplinary actions listed below are included in all levels of discipline;
however, none are a form of formal discipline.
Corrective Action Options - Non -disciplinary
m Remedial training and/or
o Education and/or • Verbal Counseling and/or
• Voluntary restitution and/or
• Psychological Services and/or
0 Other non -disciplinary action and
e Notation in Annual Evaluation (PMP)
A. Level 1
1. Description
(a) First occurrence of minor violations
(b) Repeated or similar misconduct enhances the 21 violation to level 2
2. Discipline Options
(a) Corrective Action Options - Non Disciplinary
B. Level 2
1. Description
FPDQGS
FP 36539721.1
C. Level 3
(a) First occurrence of Level 2 violation
(b) Enhanced violation from Level l
(c) Repeated or similar misconduct enhances the 2'd violation to Level 3
2. Discipline Options
(a) Written Reprimand
1. Description
(a) First occurrence of Level 3 violation
(b) Enhanced violation from Level 2
(c) Repented or similar misconduct enhances the violation to level 4.
2. Discipline Options
(a) 8.6 hours to 95.6 hours suspension without pay
D. Level 4
1. Description
(a) First occurrence of Level 4 violation
(b) Enhanced violation from Level 3
2. Discipline Options
(a) 95.6 hours to 172 hours suspension without pay or
(b) Demotion
(c) Termination
FPDOCS
FP 36539721.1
APPENDIX C
New Cooper Age and Gender Base Standards for Law Enforcement
Dynamic Strength (One Minute Sit Ups) Mates % Category
-20 20-29 30-39 40-49 50-69 60+
52+ 55+ 51+ d7+ 43+ 39+ �2>3
62 55 Si 47 43 39
Superior
7 :. 0.1
z
55 S2 48 43 39 35Q
53 — 49 45 40 36 31 h J Faccallent
51 47 43 39 35 30
50 46 42 37 33 28 7,5
49 _ d5 41 36 3126 7d'
Goad
48 44 44 35 30 24 i}6
A7 d2 39 34 28 22 60
46 41 37 32 - . 27 21 6
45 40 ~ 38 31 26 20
42 39 36 30 25 19s Fsir
41 38 35 29 24
77
i
39 37 33 28 22 i8
38 _ 35 32 _ 27 21 17
37 35-� 31 26 20 .16 Poor
36 33 30 24 19 i5 2�j
t
34 32 _.. 28 22 4 17 13
33 30
622 15
w Vary Paor
27 27 23 17 12 7
27 -27
Tatal n = 4,471
Rewurcea: The Cooper Irtsfit le of Dotes, Texas
FPDOCS
FP 36539721.1
Now Cooper Age and Gender Base Standards for Law Enforcement
Dynamic Strength (One Minute Sit Ups) Females % Category
-20 20-29, 30-39 40 - 4950 -69 60+
b5+ 51+ 42s 38+ 30+ 28+g
55 51 � 42 38 30 28 ��.��� Superior
Kw"�".
54 _49 _ 40 34 29
49 45. �B 32 �2$ 20 k 5 Excatteat
�a
46 44 35 29 24 17
, BO p,
'gFINE
u.
40
42'� 33 26 22 16 5.a
38 41 32 27 22 12
37
39 30 25 21 Good
_ -� 12s
35 37_ _. 28 .. _.... _ .
_
3+1 35 27 y 22 17 B 50 Fair
34� 34 26 21
32 32 25 20 14 8 X40
30 31 2
29� 30 22 17 12 4 w�
29 28 _. -.�.. 21 • 18 � � "",� 3R `� Poor
26 's
28 24 20--
14 10 3 �R
s
27 _ 23 18 13
25 »� 221 15 10
25, i8 M i1 - 7 - Very Poor
5 0 5
-5 a {
7otat n = 86a
Rommos: Tho Cooper Insaatt of DaBos. Taws
FP00CS
FP 35539721.1
New Cooper Age and Gender Base Standards for Law Enforcement
*300 Motor Run (Measured in Seconds) Males % Category
20 - 29 30 - 39 40 "49 50 - 59 **59+
42 47 S2 9g�;i
46 481 52 gg 5 ?
Superior
48 49 5e�
49 S0 56
~ 63 5 Excellent
50 3 54 57 86
4 r
X30 t
62 - 80 $$
52
63 81 70 ~ --
63.5 _ 54 62 72
54 65
64 74
55 _56 88 77.4 .. _..
- 55
56_ 67.8M 8o r.
58 _ �.. _ 70 � 82,5 Fair
...5
59 _ 8.9 x#51
�� 72 63.2
60 81 _ 74.8
:.>
62.1 v 63 _ _t7
65 gi 89 Poor
88 68
83 95 2D
70
86 99
73.4 74.9
�M so 101.6
81.3 80.9
_ 104y- 112 _.
95.1 113.9
143 184
Very Poor
-i nese-norms are based on a small sample of police officers (n=500) and should he used caullausly.
"No data gathered.
Resources: Tho Cooper Instilutne of ba8aa, Texas
FPDQCS
FP 36539721.1
New Cooper Age and Gender Base Standards for Law Enforcement
Dynamic Strength (One Minute Push taps) Male % Category
20-29 30-39 4D - 49 50-69 60+
100 88. _6Q 51 38 'J9;
62 52 40 39 285
457 46
38
_ 30 26
51 41 34 28 24
47 39 30 25 23 rOQdt
may
44 36 29 2422
,p
41 34 2621_;ya
21
39 31 25 20 20 �85
37 30
x4 19
35 29 22 17 18
33 27 21 15-- 15 50
31 25 19 _2 E r
29' 24 18 13 10 dtl 4
27 21 46 11 g
26 20 15 _ 10 8
24 19 _13 9.5 7
22 17 11 9 g
`i xYrk Sh1" ry it r'•yi
_ . .. .... �.o..r:�.�as....�.. !+ ' ...-..' ''�, � �' _:3�n-a „S a. �.• Ser by � :�
19 15 10 7 5
18 13 9 6 4
13 9 5 _3 2
Total n = 2,397
Resouroaa: The Cooper Instituto of QaHae, Texas
FPDOCS
FP 36539721.1
Superior
Excellent
Good
Fair
Poor
Very Poor
New Cooper Age and Gender Base Standards for Law Enforcement
Dynamic Strength (One Minute Push Ups) Female % Category
*20 - 29
*30 - 39 *40;. 49
**50 - 59
*"60+
53
48 23
42
39.5 20
w -
37
33
331 18
26 17
e
27
24
23
19 1ST
'18
16 13
f
21
16 13
_b
?
19
1$
14 11
14 11={rk
.•-.. -- -
-..w.
w•.
17
13 10
------------
15
S
,.,...' µ`. .. ,
14
� 1 ? s �ri i• ) k y t '`t l r"
° rj _..y,.?. n. wr .7.r;-.v,.l,`.fl �u �
10 a
Ge � ) ': '. f
...c�.',. ak4 .., ..•, .
k 1 ,I i'S'
. ��.f . , ... M...
2
_ 5,v
— 13
- 9 _ 7
11
9 7
90
9
rFsrn 16
8.5 5,b°
�'}
6 ��w
_
6 4
ib
6
4
3
t o
_
1:
Superior
Excellent
Good
F'atr
Poor
w
Very Poor
rut' uafly pus" ups are generalry usea by law enforcement and public safety organizations. These norms are
based on >1000 female U.S. Army soldlem who Were tested in the 1990's by the U.Sdvmy,
"No data gathered.
R83VUI=s:7he GOVer IMOUto of Dafts. r m
FPDOCS
FP 36539721.1
New Cooper Age and Gender Base Standards for Law Enforcement
Cardiorespiratory Fitness Test (1.6 Mile Run) Female % Category
26-29 30-39
_9:23 9:52
10:20 11:08
10:59 11.43
40-49
10:09
13:35
_ 12:254µm
60-69
11:34
3316
= 13:58 ..
60-69
12:25
34:28
16.32
70-79
12:25
—--.----
14:33
16.06 ,.
11:34
12:23
13:14
14:33
18:22
16:57
13:56
12:53
33:38
1514
i6:46
18:05
21:57
23-55
27:17,00
12:07
12:51
13:01
13:08
13:41
1358
13:58 ~
_ 14:33
15 03:]
15:47 V
16:ZB
18:48
17:34
18:05
18:39
18:39 i
19:24 dL
20;02 a
13:25
14:33
1517
17:19
18;52 _
20:5d~�
13:58
14:33_15:5B
17:38
19:29
21:450
14:15
15:14
16:13
18:05
20:08
22;22
14:33
15:35
16:46
18:39
20:38
22:64
15:05
1556
1711
19:10
20:55
-5
23:47��10
s
15:32
a~ 16:43 17:38
19:43
22:03
24:54A0 `
15:56
16:46 18-2620:17
22:34
;1
_25:49:00 moi!
16.43
17.38 38:39
20:55
23:20
26:15:00
17.11
1818 19 d3
21:57
23-55
27:17,00
Good
Fait
Poor
ME
17:63 19:01 20:49 22 53 25:02.00 27.55:00
m PIN
18:39 20:13 M 21:52 23:65 26:32:00 30:34:00 D
- - Very Poor
:06
21:05 21:57 2327 26:176 0 29:00 33 32:00 � ry
25:17:00 25:10:00 27:55:00 3Q:34:00 1 33:051.00
37.26:00 WE 'l
Total n =14,978
Resources: The Cooper InsGiuta ct OaNao, Tows
FPDOCS
FP 36539721.1
Appendix D
Florida State Lodge Fraternal Order of Police
GRIEVANCE FORM
Name of Employee:
Classification:
Immediate Supervisor;
Date of Occurrence of Article Violation:
Date of Discipline:
STATEMENT OF GRIEVANCE:
List Applicable Violation:
Adiustment Required:
Fraternal Order of Police
Florida State Lodge
FPDOGS
FP 38539721.1
STEP ONE
Date Signature of Employee/Representative
Received by Chief or Designee Date
Disposition of Grievance: Accepted Rejected-
Comments
ejectedComments maybe attached
Chief of Police or Designee Signature Date
Received by Employee/Representative Date
STEP TWO
Date Signature of Employee / Representative
Received by City Manager or Designee Date
Disposition of Grievance: Accepted Rejected
Comments maybe attached
City Manager or Designee Signature Date
Received by Employee/Representative Date
ARBITRATION REQUEST
Delivered by: Land Certified Mail Date
FOP Representative Signature:
Final Disposition of Grievance:
FOP Representative Signature:
City Representative Signature:
FPDOGS
FP 36539729.1
Date
Date
Appendix E
f
_-_ sternal Order of Police
It , SANFORD LODGE 140
Name:
First
Address:
City, State, Zip code: ____
Date of Birth:
Nome Phone:
Email Address; (personal)
Employer:
Application for FOP Membership
Fraternal/Legal/Labor
Middle initial
Social Security Number: (Last four)_
Work Phone:
Date Employed:
If retired Law Enforcement, Agency retired from:
Date of retirement:
To the Officers of the Fraternal Order of Police:
Last
1, (print your name), in the presence of the creator of the universe and the members of the Fraternal
Order Of Police here assembled, do most solemnly and sincerely promise and swear; that I will to the best of my ability comply with
all the laws and ruled of this order; that i will recognize the authority of my legally elected officers and abate all orders there from
not in conflict with my religious or political views, or my rights as an American citizen; that i will not cheat, wrong, or defraud this
order, or any member thereof, or permit the same to be done if In my power to prevent it; that I will at all to times aid and assist a
brother (or sistero in sickness or distress, so far as it lies in my power to do so; that i will not divulge any of the secrets of this order
to anyone not entitled to receive them: To all of which I most solemnly and sincerely promise and swear. Should 1 violate this, my
solemn oath or obligation, t hereby consent to be expelled from the order.
I the undersigned, a full time, regularly employed law enforcement officer do hereby make application for active membership in the
Sanford Lodge #1140. If my membership should be revoked or discontinued for any cause other than retirement while in good
standing, i do hereby agree to return to the said Sanford. Lodge #140 my membership card and any other material bearing the F.O.P.
insignia, such as auto emblem, lapel pin, etc.
Signature: Date:
FPDOCS
FP 36539721.9
Appendix F
Administrative Policy 5.18 Page:
1 of 5
CITY OF SANroRD, FLORIDA
Supersedes: 10-1-13
Name of Policy Date: Norton N. Bonaparte, Jr.
Promotions, Demotions and July 2, 2022 City Manager
Transfers
iSE ANb` SCOT
It is the intent of the City to apply standard and, consistent methods of administrating pay
adjustments to employees that have been promoted, demoted or transferred. The City
Manager or his/her designee shall, as determined and warranted on a case by case basis,
have discretion to make adjustments in addition to and/or in lieu of those pay adjustments
specifically outlined in this policy.
>ROCEDUFtLS r ` r
4.1 Promotions:
Promotions occur when an employee is moved to a position that has a higher pay grade
than their current position and within their same pay plan; General employees, United
Service Workers (USW), International Association of Fire Fighters (TAFF) and Fraternal
Order of Police (FOP) each have their own separate pay plans. Employees promoted into
a new. position shall receive an increase to their current base salary or annual wages as
follows below, provided that no increase will be granted which brings the employee's
base salary'above the maximum of the new position pay grade:
A. A minimum promotional increase of 10%;
B. The promoted employee shall, also receive .25% (`/a of 1%) for
each full calendar year of service ( no pro -rata years) with the
City at time of the promotion up to maximum of 5%;
5.18 Promotions and Demotions 6-16-2022
C. The promoted employee shall also receive an additional 1% if
the employee has had no disciplinary written reprimand,
disciplinary suspension or disciplinary demotion in the
preceding thirty-six (36) full months immediately preceding
the job posting advertisement to which the employee is being
promoted; and
D. The promoted employee would be eligible for additional
percentage points based on the most recent performance
evaluations completed on that promoted employee in the
fifteen full months immediately preceding the job posting
advertisement to which the employee is being promoted. As
determined by that most recent performance evaluation, the
promoted employee would receive 1% for Exceeds or Above
Standards or their equivalent; and 2% for Exceptional.
All promotional pay increases, at a minimum, must be the minimum/entry level
pay of the new position's pay grade, but not less than a 10% increase. This. action
does not change the employee's date of classification, nor does it begin a new
probationary period similar to that of anew employee, except as stated in section
4.6 of this policy. The action would change .the position Iongevity date in the
City's database.
4.2 Demotions:,
4.2:1 Voluntary: If an employee applies for a position within their current pay
plan (General, USW, IAFF or FOP) that is a lower grade than their current
position, the new department may negotiate a salary that is less than their current
base salary or annual wages and that is commensurate to the employee's
experience relative to the new position, with City Manager approval. No decrease
will be granted which brings the employee's base salary below the minimum or
above the maximum of the new position pay grade. This action does not change
the employee's date of classification, nor does it begin a new probationary period
similar to that of a new employee, except as stated in section 4.6 of this policy.
The action would change the position longevity date in the City's database.
4.2.2 Involuntary: An involuntary demotion of an employee from one position to
another generally is a result of disciplinary action or performance issues, but
could also be a result of budgetary actions. In all cases the employee:
A. Shall receive a minimum demotion pay decrease of 10%;
B. The demoted employee shall also receive an additional 1%
decrease if the employee has had any disciplinary written
reprimand, disciplinary suspension or disciplinary demotion in
the preceding thirty-six (36) full months immediately
preceding the job posting advertisement to which the employee
is being demoted, and
5.18 Promotions and Demotions 6-16-2022 FF Page 2 of 5
C. The demoted employee shall receive additional percentage
points in decrease based on the most recent performance
evaluation completed on that demoted employee in the fifteen
full months immediately preceding the job posting
advertisement to which the employee is being demoted. For
example, the demoted employee would receive 1% decrease
for an overall score of Improvements Needed or its equivalent.
There shall be no adjustment for performance evaluations with
Meets Standards or higher scoring.
This action does not change the employee's date of classification, nor does it
begin a new probationary period similar to that of a new employee, except as
stated in section 4.6 of this. policy. The action would change the position
longevity date in the City's database.
4.3 Transfers ( Transfers are not disciplinary in nature):
Three types of Transfers: Promotional, Voluntary and .Involuntary:
4.3.1 Promotional Transfer: Occurs when an employee applies for and is
selected for a position outside their current pay plan (i.e. from General to USW,
FOP to General, USW to IAFF) and to a Pay Grade with a minimum/entry pay
greater than their current Pay Grade. Similar to Section 4. 1, the employees
promoted into a new position shall receive an increase to their current base salary
or annual wages as follows below, provided that no increase will be granted
which brings the employee's base salary above the maximum of the new position
pay grade:
A. A minimum promotional increase of 10%;
B. The promoted employee shall also receive.25% ('/4 of 1%) for
each full calendar year of service with the City at time of the
promotion up to maximum of 5%;
C. The promoted employee shall also receive an additional 1% if
the employee has had no disciplinary written reprimand,
disciplinary suspension or disciplinary demotion in the
preceding thirty-six (36) full months immediately preceding
the job posting advertisement to which the employee is being
promoted; and
E. The promoted employee would be eligible for additional. percentage points based
on the most recent performance evaluations completed on that
promoted employee in the fifteen full months immediately
preceding, the job posting advertisement to which the employee is
being promoted. As determined by that most recent performance
evaluation, the promoted employee would receive 1% for Exceeds
or Above Standards or their equivalent; and 2% for Exceptional.
All promotional pay increases, at a minimum, must be the minimum/entry level
.pay of the new position's pay grade, but not -less than a 10% increase. This action
5.18 Promotions and Demotions 6-16-2022 FF Page 3 of 6
does not change the employee's date of classification, nor does it begin .a new
probationary period similar to that of a new employee except as stated in section
4.6 of this policy. The action would change the position longevity date in the
City's database.
4.3.2 Voluntary Transfer: Occurs when an employee is moved laterally from a
position in one Department or Division to a position in another Department or
Division within the same classification and/or pay grade. A voluntary transfer
may be initiated by any employee by simply applying for such consideration via
formal application in response to a specific position vacancy announcement, and
then the hiring department selecting that employee for that specific position
vacancy. Such transfer requests are not to be interpreted as implying any
obligation on the part of the gaining hiring department, unless the hiring
department selects that employee for that specific position vacancy. There is
generally no salary change in voluntary transfers as this type of action is not
considered a promotion; if any increase or decrease in salary were to be
appropriated, that would be an exceptional action and would only be approved by
the City Manager. Whenever a transfer occurs, the effective date of the transfer
does not change the date of classification. Whenever a voluntary" transfer action
occurs, the former Department/Division shall initiate a performance evaluation
form on the transferring employee. This action does not change the employee's
date of classification, nor does it begin a new probationary period similar to that
of a new employee, except as stated in section 4.6 of this policy. The action would
change the position longevity date in the City's database.
4.3.3 Involuntary Transfer: This may occur when there is an involuntary
transfer of an employee from one position to another when unusual or emergency
circumstances exists that warrant such consideration or as a result of budgetary
considerations or based upon a departments need and assessment of an employee
or position. The transfer may be temporary or permanent. All such actions are to
be reviewed with the Director of Human Resources/Risk Management and.
subsequently approved by the City Manager. The affected employee's pay in the
new position will generally either remain the same or decrease, but be in a
specific Pay Grade; only in exceptional cases will it increase and only with the
approval of the City Manager. The employee's base salary shall not be above the
maximum of the new position pay grade. This action does not change the
employee's date of classification, nor does it begin a new probationary period
similar to that of a new employee, except as stated in section 4.6 of this policy.
The action would change the position longevity date in the City's database.
4.4 Incentives
4:4.1. Loss of City Approved.Additional Pay Incentive: If an employee is
receiving a City approved additional pay incentive for higher education, licensing
and/or certifications, and as a result of being promoted that incentive is no longer
valid or would no longer apply -to that employee, the incentive would be added to
5.18 Promotions and Demotions 6-16-2022 FF Page 4 of 5
the employee's pre -promotions base salary; then the aforementioned promotion
percentages would apply on the new and adjusted base salary.
4.4.2. No Loss of City Approved Additional Pay incentive, The provision of
adding the incentive to the employee's pre -promotion base salary as allowed in
4.4.1 above would not apply to any incentive that the employee would retain after
being promoted.
4.5 Action Plan:
4.5 'J. Before an employee is selected and accepts the promotion, all internal
candidates who meet the minimum qualifications of the higher position and are
interviewed for that position shall be provided by the interviewing department, at
the interview, a written action plan of what is expected of an employee who is
promoted to that position. A copy of that action plan will be submitted to the
Human Resources/Risk Management staff with the Selection Assessment Form
and Interview Notes. If a current City employee is offered that higher pay grade
position, the employee shall be presented a Letter -of --Offer that includes language
that the employee is accepting the position and accepting. the action plan; the
action plan shall be attached to the Letter -of -Offer.
4.6 Probationary Period for Promotions (4.1) and Transfer Promotions (4.3):
4.6.1 The newly promoted General or USW employee shall serve a six-month
probationary period; however, the employee's supervisor shall provide a
documented review of promoted employee's performance at the three-month
period after the effective date of the promotion. The employee, during this six=
month probationary period, is not an 'At'Will' employee and may only be
terminated `For Cause'
4.6.2 The newly promoted FOP or IAFF employee shall serve a twelve-month
probationary period; however, the employee's supervisor shall provide a
documented review of promoted employee's performance at the six-month period
after the effective date of the promotion. The employee, during this twelve-month
probationary .period, is not an `.At Will' employee and may only be terminated
`For Cause'
4.7 Change. in Status Forms
In all cases, the hiring department initiates the Change in Status form, unless
stated otherwise.
5.18 Promotions and Demotions 6-16-2022 FF Page 6 of 5
CITY OF
Special Meeting
FLORIDA Item No Cm 3
CITY COMMISSION MEMORANDUM 23044
MARCH 7, 2023, SPECIAL CITY COMMISSION MEETING AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Cecil E. Smith, Chief of Police
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Police Department Officers And Sergeants Contract (2022-2025); Florida
State Lodge Of The Fraternal Order Of Police Inc. (Sanford Police Lodge
140)
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Approval and ratification of the Police Department's Officers and Sergeants Contract (2022-2025)
with the Florida State Lodge of the Fraternal Order of Police Inc. is requested.
FISCAL/STAFFING STATEMENT:
The funding necessary to fund the Contract is short $278,874 for fiscal year 2022/2023. A budget
amendment will be brought forward for approval at a later City Commission meeting.
BACKGROUND:
The City has been negotiating for an extensive period of time with the labor union representative
of Police Department Officers and Sergeants, the Florida Lodge of the Fraternal Order of Police
(FOP). The FOP is the world's largest organization of sworn law enforcement officers, with more
than 364,000 members in more than 2,100 lodges. The Florida State FOP ranks as the third largest
state lodge. The Florida Lodge of the FOP has received Certification Number 1725 from the
Florida Public Employees Relations Commission (PERC).
The Florida PERC has summarized the status of the labor laws of Florida as follows on its website:
Public employees in the State of Florida have the constitutional right to collectively
bargain. "Public employees" means employees of the state, counties, school boards,
municipalities, and special taxing districts. This includes all fire, police,
corrections, school teachers and support personnel, attorneys, medical personnel,
state troopers, toll collectors, sanitation employees, clerical employees, etc. It is
estimated that there are well over 600,000 public employees in bargaining units
throughout the State of Florida. The Commission holds hearings and resolves
disputes about the composition of bargaining units and alleged unfair labor
practices.
The City's negotiation team believes that the terms and conditions that have been reached during
the course of the intensive and detailed negotiations have resulted in a Contract that is fair to Police
Department Officers and Sergeants and the City and results in the citizens of the City being ensured
of high quality personnel being engaged in City law enforcement activities and functions to serve
the public and protect the public safety.
LEGAL REVIEW:
The Assistant City Attorney has assisted in the drafting of this agenda memorandum.
RECOMMENDATION:
City staff recommends that the City Commission approve and ratify the Police Department
Officers and Sergeants Contract (2022-2025) with the Florida State Lodge of the Fraternal Order
of Police Inc.
SUGGESTED MOTION:
"I move to approve the Contract as proposed."
Attachment: Police Department Officers and Sergeants Contract (2022-2025) with the Florida
State Lodge of the Fraternal Order of Police Inc.