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1546 FOP Contract 2012-2014�4('0 CITY MANAGER'S OFFICE T RANSMITTAL MEMORANDUM To: City Clerk RE: Request for Services The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Ordinance ❑ Resolution ® FOP Contract ❑ Mayor's signature ❑ Recording ❑ Rendering ® Safe keeping /records retention El Once completed, please: Return original Return copy Special Instructions: Please advise if you have any questions regarding the above. Thank you! t,✓ From: Debbie Simmons, CitManager's Office Date: 11/07/2012 FRATERNAL ORDER OF POLICE SANFORD POLICE LODGE 140 SANFORD, FLORIDA CONTRACT 2012 -2014 Effective October 1, 2012 TABLE OF CONTENTS ARTICLE SUBJECT PAGE 1 Recognition 4 2 Management Rights 5 3 No- Smoking Policy 8 4 Dues Deduction 9 5 Work Stoppages 10 6 Stewards and FOP Business 11 7 Non - Discrimination 13 8 Bulletin Boards 14 9 Labor - Management Committee 15 10 City and Departmental Rules 16 11 Application of Civil Service 17 12 Disciplinary Action 18 13 Grievance and Arbitration 21 14 Workweek and Overtime 25 15 Uniforms and Equipment 26 16 Physical Fitness 27 17 Working Out of Classification 29 18 Publication of Agreement 30 19 Safety 31 20 Promotions 32 21 General Provisions 35 22 Retirement Benefits 37 23 Family Leave 38 24 Legal Benefits 39 25 Workers Compensation Benefits 40 26 Job Descriptions 41 27 Educational Reimbursement 42 28 Seniority 43 29 Call -Back, Standby and Court Time 44 30 Prevailing Rights 46 31 Severability 47 32 Vacation 48 33 Holidays 49 34 Sick Leave 50 35 Bereavement 51 36 Insurance 52 37 Wages 53 38 Special Assignment 56 39 Duration 57 PREAMBLE This Agreement is entered into effective October 1, 2012, between the City of Sanford, hereinafter referred to as the "City," and Florida State Lodge of the Fraternal Order of Police, hereinafter referred to as' the "FOP." ARTICLE 1 RECOGNITION Section 1. The City hereby recognizes the Florida State Lodge of Fraternal Order of Police as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms and conditions of employment for all employees in the bargaining unit. Section 2. The certification by the City of Sanford Public Employees Relations Commission in Case No. RC 93 -2, and as a result thereof, the City recognizes the FOP as the exclusive collective bargaining representative for the following bargaining unit: INCLUDED: All Police Officers and Police Sergeants (except those specifically excluded). EXCLUDED: Police Chief, Deputy Police Chief, Captains, Lieutenants, and Police Sergeants or Police Officers assigned to the Professional Standards Unit, and all other employees of the City of Sanford. - 4 - ARTICLE 2 MANAGEMENT RIGHTS Section 1. Except as specifically and expressly abridged, limited or modified by the written terms of this Agreement, all of the rights, powers and authority previously possessed or enjoyed by the City of Sanford prior to this Agreement are retained by the City, and may be exercised without prior notice or consultation with the FOP. Section 2. Nothing in this Agreement shall be construed so as to limit or impair the right of the City to exercise its sole and exclusive discretion and authority on all of the following matters: (a) To manage the Police Department and exercise sole and exclusive control and discretion over the organization and operations thereof. (b) To determine the purpose and functions of the Police Department. (c) To determine and adopt such policies and programs, standards, rules and regulations as are deemed by the City and the Department to be necessary for the operation /improvement of the Police Department, and to select, manage, direct, and evaluate all management, supervisory, administrative and other personnel. (d) To take such measures as the City may determine to be necessary to maintain order and efficiency relative to both the work force and the operations /services to be rendered thereby. (e) To set methods, means of operations and standards of service to be offered by the Police Department, and to contract such operations /services to the extent deemed necessary, practical and feasible by the City in its sole discretion. (f) To decide the number, location, design and maintenance of the Police Department's facilities, supplies and equipment. To relocate, remodel or otherwise revise operations and facilities as may be deemed necessary by the City. (g) To determine the qualifications of all employees of the Police Department. To select, examine, hire, classify, reclassify, train, assign, schedule, direct, transfer, promote, demote, discipline, discharge, lay off, retain and manage all employees of the Department in accordance with city and department policy and procedures and Human Resources Manual section 2.71 and FS 447. Routine schedule changes will normally be given with minimum 7 day notice. The City in its sole discretion may give less than a 7 day notice for police operational necessity. (h) To increase, reduce, change, modify or alter the size and composition of the work force. - 5 - (i) To determine the extent of its operations, to determine when any part of the complete operation shall function or be halted, and to determine when, where, and to what extent operations /services shall be increased or decreased. Q) To establish, change or modify employees' duties, tasks, responsibilities or requirements. (k) To make, issue, publish, enforce and modify policies, procedures, rules and regulations as the City may from time to time deem best. All other rights to manage the Police Department and the operations, functions, and purposes thereof, which are not recited in or expressly limited by this Agreement are reserved exclusively to the City. Section 3. If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane /tornado condi- tions, epidemics, public employee strikes or similar catastrophe, the provisions of this Agreement may be suspended by the City during the time of such declared emergency (except for payment of wages and benefits hereunder). Section 4. All applicable General Laws of the State of Florida, the City Charter, City Ordinances, and those City Personnel Rules and Policies and Departmental Rules and Policies incorporated herein by reference shall be supreme to this Agreement in all matters pertaining to or resulting from any negotiations in such areas of discretion as the City's mission, budget, obligation to its citizens, organization, assignment of personnel, tasks, duties, responsibilities, or the technology required to perform work. Section 5. The City has the sole, exclusive right to direct managerial, supervisory, administrative personnel and any employee covered by this Agreement, to perform any task in connection with the operation of the Police Department, whether or not normally performed by the employees within the bargaining unit. Section 6. The selection and assignment of non - bargaining unit supervisory and managerial personnel are the sole responsibility of management, and shall not be subject to the grievance and arbitration procedures provided in this Agreement. Section 7. The FOP recognizes that the City and the Police Department are obligated to comply with all federal, state and local laws, ordinances, regulations, directives, and guidelines, including such matters as affirmative action and equal employment opportunity, and the FOP shall cooperate and do all things necessary to facilitate compliance with said laws. Section 8. The City shall have the right, during the term of this Agreement, to terminate selected services /operations permanently. The City shall also have the right, from time to - 6 - time during this Agreement, to suspend selected services /operations in whole or in part. Section 9. Except as otherwise expressly provided in this Agreement, any written rule, regulation, policy or procedure affecting employees of the bargaining unit in effect prior to, as well as those issued after, the effective date of this Agreement, shall remain and be in full force and effect unless changed, modified or deleted by the City. Final authority to change, modify, or delete any rule, regulation, policy or procedure rests with the City. Section 10. In recognition of the management rights set forth above, the FOP agrees that the City is under no obligation to bargain with respect to the foregoing enumerated management rights during the life of this Agreement. However, the exercise of such management rights shall not preclude employees or the FOP from raising grievances should decisions on the above - management rights allegedly violate the terms and conditions of this Agreement. - 7 - ARTICLE 3 NO- SMOKING POLICY Section 1. The use of tobacco products at Sanford Police facilities is permitted only in the designated smoking area outside the police department building. Section 2. Police department personnel shall not use any tobacco products at any time while conducting police department business, operating a city vehicle or while in contact with any member of the public during a police department operation or assignment. Section 3. Use of tobacco products is permitted during authorized breaks or meal periods. Personnel shall use discretion so as not to offend any member of the public. Section 4. All tobacco waste products such as cigarette butts and used smokeless tobacco shall be disposed of in a lawful, healthy, clean and safe manner. Section 5. All police officers hired after February 1, 2001, are subject to City of Sanford Personnel Rules & Regulation, Section 21, Tobacco abstention for Police and Fire Applicants /New Hires. - 8 - ARTICLE 4 DUES DEDUCTION Section 1. Any member of the FOP, who has submitted a properly executed written dues authorization form (see attached Dues and Cancellation Form) to the City may have his /her dues in the FOP deducted from his /her wages. Dues shall be deducted on a monthly basis, and, shall, thereafter, be transmitted to the FOP or its designated depository sent to 242 Office Plaza, Tallahassee, FL 32301. The City, however, shall have no responsibility or liability for the improper deduction of any dues. Further, the FOP shall hold the City harmless for any errors in the administration of the dues deduction system. It shall be the responsibility of the FOP to notify the City of any change in the amount of dues to be deducted at least 60 days in advance of said change. Under no circumstances shall the City be required to deduct FOP fines, penalties, or non - uniform assessments from the wages of any member. Section 2. Any authorization for dues deduction may be canceled by the employee upon thirty (30) days written notice to the City with a copy to the FOP. (see attached Dues and Cancellation Form) Section 3. When an employee quits, is discharged, or is laid off, any unpaid dues owed to the FOP will be deducted from the employee's last paycheck. Section 4. The City may deduct from the payment made to the FOP the following expenses of administering the bookkeeping system related to the retention and transmittal of funds: (a) Thirty -five cents ($.35) per employee for each new enrollment. Section 5. No deduction shall be made from the pay of an employee during any payroll period in which the employee's net earnings for the payroll period are less than the amount of dues to be paid. - 9 - ARTICLE 5 WORK STOPPAGES Section 1. The FOP, its officers, representatives, agents or members covered by this Agreement shall not engage in, instigate, or support any strike, work stoppage, slowdown, or picketing in furtherance of any strike or work stoppage, slowdown or refusal to perform assigned work. Picketing as used herein shall mean any action which prevents any employee of the City from reporting to or continuing work or prevents the public from entering any City facility. Picketing for purely informational purposes shall not be prohibited. Section 2. Recognizing that Florida law prohibits the activities enumerated in Section 1 above, the parties agree that the City shall retain the right to discipline or discharge any employee participating in or promoting any of the aforementioned prohibited activities. Section 3. It is recognized by the parties that the activities enumerated in paragraph 1 are contrary to the ideals of professionalism and to the Department's community responsibility. Accordingly, it is agreed that in the event of any violation of this Article, the City shall be entitled to seek legal and /or equitable relief in any court of competent jurisdiction. - 10 - ARTICLE 6 TEWARDS AND FOP BUSINESS Section 1. The FOP shall be permitted to have one (1) Union Steward, one (1) Alternate Steward, and one (1) Acting Alternate Steward and the State FOP Representative. The FOP shall provide written notification to the Chief of Police and the Personnel Director of the names of the employees designated as the Union Steward, the Alternate Steward, and the Acting Alternate Steward. In the event the Union Steward is on vacation or is otherwise absent from work, the Alternate Steward may act as the Union Steward. The Acting Alternate Steward, however, shall act for the Alternate Steward only in those circumstances set forth in Section 5 below. Section 2. The Union Steward shall have a total of ten (10) days off annually (without pay) to attend official FOP functions; provided, however, that the Union Steward must strictly comply with the following: a) The Union Steward must provide the Chief of Police with a written request for the day off at least ten (10) days in advance. b) Approval of the request would cause no staffing problems or cause the Department to incur additional expense. c) The Police Chief or his designee approves each request in writing. d) If the Union Steward cannot attend a particular FOP function due to illness, injury, or the need to participate in Departmental assignment or training, the alternate may attend if he /she strictly complies with this Section; provided that any time off taken by the alternate shall be charged to the ten (10) day total available to the Union Steward. e) Upon the alternate Steward's compliance with all of the requirements of Sections 2(a), (b), and (c) above, the Police Chief may, in his discretion, permit the alternate Steward to attend a particular FOP function with the Union Steward; provided that any time off taken by the alternate Steward shall be charged to the ten (10) -day total available to the Union Steward. Section 3. Upon request, the Union Steward may obtain a copy of the agenda from the City Clerk in advance of every City Commission meeting. Section 4. Upon the approval of the Police Chief or his designee, the Union Steward, the State FOP Representative or the alternate shall be permitted a reasonable period of time within which to meet with the Police Chief, the Personnel Director, or any Departmental management official concerning a formal grievance or other matter of interpretation of this Agreement. Under no circumstances shall the exercise of this right by the Union Steward - 11 - 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. - 12 - 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. - 13 - 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. - 14 - ARTICLE 9 LABOR- MANAGEMENT COMMITTEE Section 1. There shall be a Labor - Management Committee which shall consist of three (3) members who shall be designated in writing by the FOP and three (3) members who shall be designated by the City. Section 2. The Labor - Management Committee shall meet on a quarterly basis on dates mutually agreed upon by the participants. Section 3. The sole function of the Labor - Management Committee shall be to discuss general matters pertaining to employee relations and Departmental operations. The Committee shall not engage in collective bargaining or resolution of grievances. Section 4. The City will cooperate with the FOP to schedule the Labor - Management Committee meetings at times when the three (3) members designated by the FOP are off duty. In no event shall Labor - Management Committee meetings result in compensation for bargaining unit employees. Section 5. The Labor - Management Committee may discuss issues pertaining to uniforms and equipment; provided, however, that the City shall be under no obligation to take any specific action with respect to any such issues. - 15 - I1 -A11 Eel M:ito] CITY AND DEPARTMENTAL RULES Section 1. Upon the execution of this Agreement, the City shall furnish the FOP copies (one complete set) of existing written rules or regulations pertaining to employer - employee relations -- i.e., Police Department rules and regulations, personnel rules, Police Department policy and procedures, and special orders. Should the City exercise its right to amend or revise any of the foregoing, such amendments or revisions shall be provided to the FOP. Section 2. Upon written request from the FOP, the City shall provide the FOP with a copy of a computer print -out reflecting the names and classifications of the bargaining unit employees; provided, however, that such written request shall not be made more often than on a quarterly basis. Section 3. For the purposes of this Article, State FOP Representative, the Union Steward, the alternate Steward and the Acting Alternate Steward shall be the authorized representative of the FOP. Section 4. The Union Steward or the alternate Union Steward shall be released from duty, workload permitting, with pay, for the purposes of attendance at grievance meetings under Step 2 and Step 3 of the grievance procedure. Any attendance at such meetings on off- duty time will not be compensated. Not more than one representative will be released from duty for any one grievance meeting. This last limitation shall not prevent the alternate Union Steward from attending any grievance meeting under Step 2 or Step 3 of the grievance procedure on his own time, but is merely a restriction that only one FOP representative shall be released from duty at any given time. Before attending a grievance meeting under Step 2 or Step 3 of the grievance procedure, the Union Steward or the alternate Union Steward (whomever will attend) shall notify his /her Commander or the Deputy Chief of the time and date of such meeting, sufficiently in advance to permit proper work assignment coverage. - 16 - ARTICLE 11 APPLICATION OF CIVIL SERVICE The wages, hours, and other conditions of employment of the bargaining unit employees shall be governed exclusively by the provisions of this Agreement and any other provisions which are specifically incorporated herein by reference. Except as specifically incorporated herein by reference, the provisions of the City of Sanford Civil Service system shall have no application to the bargaining unit employees. Upon final approval of this Agreement by the City Commission, the City Commission shall enact an appropriate ordinance to implement this Article. - 17 - DISCIPLINARYACTION Section 1. Employees shall be demoted, suspended, dismissed, or otherwise disciplined in accordance with City and Departmental Policies and Procedures. Any such demotion, suspension, dismissal, or other disciplinary action shall be subject to the grievance /arb- itration procedure set forth in this Agreement. Probationary police officers, however, shall not be permitted to utilize the grievance /arbitration procedure to contest discharge or other disciplinary action taken during probationary periods. Section 2. The City shall comply with the procedures set forth in Florida Statutes Chapter 112 (Law Enforcement Officers Bill of Rights) whenever an officer is under investigation which could result in disciplinary action. Section 3. All disciplinary action under this Article shall be formal in nature Formal discipline shall include written reprimand, suspension without pay, demotion or dismissal. All formal disciplinary actions shall be documented the city "Disciplinary Action Record" form. Section 4. Notwithstanding the provisions of Section 4 above, nothing herein shall require any specific number of disciplinary actions to terminate an employee for a first or second disciplinary offense where such offense is considered a termination offense under City or Departmental rules or where such offense has resulted in termination of any City or Departmental employee prior to the effective date of this Agreement. Section 5. All internal investigations will be conducted in compliance with applicable Departmental rules and regulations and Florida Statutes. Employees shall receive a copy of any disciplinary action, which is to be placed in his /her personnel file, at the time such disciplinary action takes place. The privacy of investigations or disciplinary actions shall be governed by Florida law. Section 6. Any employee who is summoned before a Departmental investigator, or Internal Affairs investigator during his /her normal off -duty hours will be compensated at his /her normal rate of pay (i.e., straight time or overtime, whichever is applicable). Investigative interviews shall normally be conducted at Departmental facilities. Absent unusual circumstances, (i.e. military deployment) telephone interviews shall normally not be utilized during an Internal Affairs /disciplinary action investigation. Section 7. All employees shall have the right to inspect and make notes of their individual records, and no records will be hidden from the employee's inspection. One (1) copy of the final investigative report will, upon request, be provided to the subject employee at no cost. Section 8. Upon written request of the employee, the Chief of Police may permit an employee to forfeit accrued vacation leave in lieu of a suspension without pay. Utilization - 18 - of vacation leave not yet accrued shall not be permitted. Section 9. Whenever any employees under investigation are subject to interrogation by the Department for any reason that could lead to disciplinary action under this Article, then: a) At the request of any employee under investigation, he /she shall have the right to be represented by counsel or any other representative of his choice who shall be present at all times during such interrogation. Even if the employee under investi- gation does not request representation, a union representative shall have the right to be present during the interrogation unless the employee specifically objects to such presence. b) No employee shall be ordered to submit to any device designed to measure the truth of his /her responses during questioning; provided, however, that there shall be no restriction on the right of any employee to submit to such device on a voluntary basis. An employee's refusal to submit to any device designed to measure the truth of his /her responses shall not be used against the employee in any disciplinary proceeding. c) During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations which are the subject of the investigation. d) The findings of Internal Affairs Investigations shall be labeled as follows: Sustained -- a finding or a conclusion that an allegation is supported by a preponderance of evidence. 2. Unfounded -- a finding or a conclusion that there is no credible evidence whatsoever to support the allegation. 3. Not Sustained -- a finding or a conclusion that sufficient credible evidence was lacking to prove or disprove the allegation. 4. Exonerated -- a finding or a conclusion that the incident occurred, but the individual's actions were lawful and proper. 5. Policy Failure — the allegation is true, but the employee was acting in a manner consistent with Police Department policy. Such a finding may necessitate a review and revision of the policy as written. A finding of "Policy Failure" must clearly detail how any particular policy is incorrect. e) Only "sustained" findings which result in disciplinary action will be inserted in an employee's official personnel file. Unfounded, not sustained, exonerated, and policy failure findings shall be retained in Internal Affairs files in accordance with the record retention policies of the State of Florida. - 19 - 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. - 20 - ARTICLE 13 GRIEVANCE AND ARBITRATION Section 1. Bargaining unit employees will follow all written and verbal orders given by superiors, even if such orders are alleged to be in conflict with this Agreement. Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. Section 2. A "grievance" is a claimed violation of this Agreement, including, but not limited to, the claim that a discharge or other disciplinary action violated a specific provision of this Agreement. No grievance will, or need be, entertained or processed, unless presented in the manner described herein, and unless filed in a manner provided herein within the time limit prescribed herein. Grievances are limited to claims which are dependent for resolution upon interpretation or application of one or more express provisions of this Agreement. Section 3. Grievances will be processed in the following manner and strictly in accordance with the following stated time limits: STEP ONE The FOP or the aggrieved employee shall present the employee's grievance in writing to the Police Chief or his designee. The grievance, as specified in writing using the proper form (see attached Grievance Form), shall be filed with the Police Chief within ten (10) calendar days The Police Chief or his designee shall conduct a fact - finding meeting with the Grievant, and his /her FOP representative (if any) within 30 days of receipt of the grievance. Upon written request the meeting may be extended up to an additional 30 days. Thereafter, the Police Chief shall issue his decision in writing on the grievance within ten (10) days after said meeting, with copies to the Grievant, the Personnel Director, and the FOP. STEP TWO Any grievance which cannot be satisfactorily settled in STEP ONE above shall then be taken up with the City Manager or his designee. The grievance, as specified in writing in STEP ONE above, shall be filed with the City Manager within ten (10) calendar days after the due date for the Police Chiefs response in ONE above. The City Manager or his designee may conduct a meeting with the Grievant, and his /her FOP representative (if any) and appropriate Department managers. If a meeting is scheduled it shall be held within 30 days of receipt of the grievance. Upon written request the meeting may be extended up to an additional 30 days. Thereafter, the City Manager shall issue his decision in writing on the grievance, with copies to the Grievant, the FOP, and the Department within ten (10) calendar days after the presentation of the grievance at this Step or meeting as appropriate. - 21 - Section 4. If the Grievant is not satisfied with the City Manager's decision in STEP TWO above, the FOP may request arbitration by hand delivery or by certified mail of a written notice to the City Manager within ten (10) calendar days of receipt of the City Manager's written decision. Said written notice of arbitration shall include a written statement of the position of the Grievant with respect to the issues upon which arbitration is being sought. Under no circumstances shall the issues to be arbitrated be expanded from the issues set forth in the original grievance filed as STEP ONE of the grievance procedure. To the extent permitted by applicable law, the arbitration procedure shall be exclusively reserved to the FOP. Section 5. Within ten (10) calendar days from receipt of such notice of arbitration, the FOP and the City shall meet to select an arbitrator. In the event the parties cannot agree on an arbitrator, they shall, within five (5) calendar days, jointly request a list of nine (9) qualified arbitrators from the Federal Mediation and Conciliation Services. The FOP and the City will alternately eliminate one at a time from said list of names persons not acceptable, until only one (1) remains, and this person will be the arbitrator. The City and the FOP will alternate in the right to first strike names in successive arbitrations, with the strike of the first arbitration panel to be determined by the toss of a coin. Section 6. As promptly as possible after the arbitrator has been selected, he shall conduct a hearing between the FOP and the City to consider the grievance. The decision of the arbitrator will be served upon the City and the FOP in writing. The expenses of the arbitration, including the fee and the expenses of the arbitrator, shall be shared equally by the parties. Any party desiring a transcript of the hearing shall bear the cost of its transcript unless both parties mutually agree to share the cost. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. Employees properly subpoenaed and required to appear will be compensated as hours worked. Section 7. The arbitrator will confine his consideration and determination to the written grievance presented in STEP ONE of the grievance procedure. The arbitrator shall have no authority to substitute his judgment for that of management and /or to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this Collective Bargaining Agreement be construed by arbitrator to supersede applicable state and federal laws or City ordinances or resolutions, except to the extent as specifically provided herein. Section 8. The arbitrator may not issue declaratory opinions and shall confine himself exclusively to the question which is presented to him, which question must be actual and existing. The party filing the grievance and requesting arbitration shall, at all times, have the burden of proving by clear and convincing evidence that a specific provision of this Agreement was violated. The City shall have the burden of proof to establish just cause in - 22 - disciplinary cases. Either party shall be entitled to seek review of the arbitrator's decision in the Circuit Court. The parties agree that the standard of review of the arbitrator's decision shall be whether the arbitrator had clear and convincing evidence to establish that the City or the Department violated a specific provision of this Agreement. Section 9. No decision of any arbitrator or of the City in one case shall create a basis for retroactive adjustment in any other cases. All claims for back wages shall be limited to the amount of wages that remain budgeted for the position of the particular employee involved, less any unemployment compensation and /or interim earnings that he /she received during the period involved. Section 10. It is agreed, with respect to the above wages or retroactive adjustment, that no arbitrator shall have the right to determine that back wages or other retroactive adjustment shall be awarded for a period in excess of four (4) months prior to the date of the grievance which is being ruled upon. Section 11. It is agreed, with respect to this grievance and arbitration procedure, that: (a) It is the intent of the parties that a grievance must be raised at the earliest possible time. Any grievance, in order to be entertained and processed, must be submitted in a timely manner by the FOP. (b) Grievances not submitted by the FOP in a timely manner shall be conclusively barred on the merits following the expiration of the prescribed time limit. Such a time - barred grievance may not be entertained or processed, and only facts disputed as to timing will be the subject of any arbitration resulting from the matter. A grievance which is for any reason not the subject of a timely response by the City or by the Department shall require the FOP to proceed to the next Step, and failure of the FOP to proceed on a timely basis to the next Step shall bar the grievance. However, in any grievance proceeding, when the City or the Department fails to give a timely response, the Grievant shall be given an additional two (2) calendar days to be added to the time limit required for his next filing. Section 12. Nothing in this Article shall be construed to prevent any employee from presenting his own grievance at the pre- arbitration Steps (Step one and two) of the grievance procedure with whomever he wants to represent him. It is understood that either an individual, an attorney, or the FOP may represent a Grievant at Steps One and Two, but under no circumstances shall more than one person represent the Grievant at such steps of the grievance procedure. In the event the City is notified that the Grievant is representing himself /herself or is otherwise not being represented by the FOP at Steps One and Two, the City shall so notify the FOP. The FOP may monitor and attend such grievance steps but may not participate otherwise. Section 13. Where a grievance is general in nature in that it applies to a group of employees rather than a single employee, or if the grievance is directly between the FOP - 23 - and the Department or the City, such grievance shall be presented in writing directly to the Police Chief within ten (10) calendar days of the occurrence of the events which gave rise to the grievance. The grievance shall be signed by one or more aggrieved employee, the FOP Steward, or an officer of the state FOP. Thereafter, the grievance shall be processed in accordance with the procedures set forth in above; provided, however, that the grievance must contain the detailed information required in STEP ONE above. Section 14. A non - dues - paying bargaining unit employee may avail himself /herself of all pre- arbitration procedures (Steps One and Two) under this Article. If a grievance is filed by anyone other than the FOP, the City shall notify the FOP in writing. Such non - dues - paying bargaining unit employee shall be required to bear the full cost of preparing and presenting his /her own case. To the extent permitted by law, access to the arbitration process hereunder is limited to the FOP. - 24 - ARTICLE 14 WORKWEEK AND OVERTIME Section 1. The standard payroll workweek shall begin at 00:01 hours on the Saturday and end at 24:00 hours on Friday. The work cycle shall be a fourteen (14) day work period under the FLSA 7(k) exemption. The City agrees employees covered by this Agreement shall be scheduled to work eighty -six (86) hours per fourteen (14) day period. Section 2. Any bargaining unit member assigned to patrol duties twelve (12) hour shift shall be entitled to a paid meal period of one (1) hour. Bargaining unit members assigned to a ten (10) hour shift shall be entitled to a paid meal period of forty -five (45) minutes. Bargaining unit members assigned to an eight (8) hour shift shall be entitled to a paid meal period of thirty (30) minutes. Paid breaks (not to exceed two (2), fifteen (15) minute breaks per shift) will be allowed if operational needs permit. Section 3. Employees shall be required to work overtime when ordered. Overtime shall be scheduled in accordance with Departmental Policies and Procedures and administered in accordance with the provisions of this Article. Nothing herein shall restrict the Department from canceling or rescheduling a regularly scheduled work -day for the purpose of avoiding overtime pay or any other business purpose. Section 4. All authorized time worked in excess of eighty -six (86) hours during a fourteen (14) day work cycle will be paid overtime in accordance with the provisions of the Fair Labor Standards Act as amended. Overtime may be paid through payment of compensatory time in accordance with current Departmental policy. Under no circumstances shall sick leave, vacation leave, or any other time not actually worked count as "time worked" or "hours worked" for purposes of calculating entitlement to overtime (or equivalent compensatory time). Section 5. Request to use compensatory time will be made by the employee to the Section Lieutenant. The Section Lieutenant shall grant the employee's request if he determines that there is sufficient manpower. Section 6. Should an employee die while employed, the employee's estate shall receive payment for all accrued compensatory time due the deceased employee; provided that the City receives an appropriate judicial order authorizing the payment of any such monies. - 25 - ARTICLE 15 UNIFORMS AND EQUIPMENT Section 1. The City shall furnish the employees covered hereunder such uniforms and equipment as the City deems necessary for the employees to perform their assigned duties. Section 2. A bargaining unit employee assigned to a position in which the Department requires the wearing of plain clothes shall receive a clothing allowance in accordance with established departmental policy. Section 3. Dog handlers will be furnished such uniforms and equipment as the Department deems necessary for them to perform their assigned duties. Section 4. Employees covered hereunder shall be responsible for maintenance of uniforms and equipment provided by the Department. If an employee can establish that a piece of equipment or uniform clothing provided by the City has been damaged, lost, or destroyed through no fault of the employee, the Department will replace such piece of equipment or uniform clothing at no cost to the employee. If an employee is unable to establish that a piece of equipment or uniform clothing provided by the City was damaged, lost, or destroyed through no fault of the employee, the employee may be subject to disciplinary action. Section 5. The City shall allow officers to install window tinting on assigned take home city vehicles at their expense. Window tint shall be a non - reflective gray and allow a minimum 50% visible light transmission on all windows. Officers are responsible to keep the window tint in good repair at all times. Window tinting along a strip at the top of the windshield shall not extend below the ASM line. - 26 - ARTICLE 16 PHYSICAL FITNESS Section 1. The City and the FOP agree that employees covered hereunder must maintain a high level of physical fitness in order to safely and efficiently perform their assigned duties and serve and protect the citizens. Section 2. Each bargaining unit employee shall be required to successfully complete (and pass) the Physical Abilities (Fitness) Test established by the Division of Criminal Justice Standards Training of the Florida Department of Law Enforcement. The physical abilities test measures specific physical abilities through participation in a series of job - related tasks such as follows: (a) Exiting car /enter trunk. (b) 220 yard run. (c) Obstacle course. (d) Dummy drag or Fence climb. (e) Obstacle course (repeat). (f) 220 yard run (repeat). (g) Weapon fire. (h) Enter trunk/enter car. The test is intended to be conducted in a continuous fashion resulting in a total composite score (i.e., time to complete the course). The test will be administered on a pass /fail basis. The highest passing score an applicant may achieve on the physical abilities test is 7 minutes 9 seconds. (Applicants scoring at or above 7 minutes 10 seconds fail.) Section 3. Each bargaining unit employee shall be scheduled to take the physical abilities test on an annual basis. All tests (except for retests) will be administered in the months of February, March and April. Section 4. No bargaining unit employee will be eligible for any wage increase unless he /she has passed the physical abilities test prior to the date the wage raise is to be awarded. No bargaining unit employee will be eligible to take a promotional examination if he /she has not passed the annual physical abilities test prior to the announcement of the promotional examination. - 27 - Section 5. Any employee failing the physical abilities test must make a special appointment to retake the test within ninety (90) days. Failure to pass the retest (i.e., the second test) will result in a five (5) days suspension without pay. An employee failing the retest (second test) will have ninety (90) days within which to pass a second retest (third test). Failure on the second retest will result in the employee's termination due to his /her inability to perform the essential physical functions of his /her job. Section 6. An employee who has a bona fide medical condition or injury which prevents him /her from taking the physical abilities test (or a portion thereof) will be dealt with on an individual basis. In all such cases, the City Physician will determine the nature and extent of the employees medical condition or injury; whether the test should be postponed pending resolution of the employees medical condition or injury (if such medical condition or injury is temporary); whether the test may be modified so as to accommodate the employees medical condition while still measuring the same physical abilities; and such other medically - related issues which facilitate proper measurement of the physical abilities necessary to successfully perform the employee's job. Section 7. The City, at its discretion, may send any employee covered hereunder for a medical and /or psychological examination where his /her medical and /or mental fitness for duty is at issue. Such examinations shall be conducted at no cost to the employee and shall be administered while the employee is on duty or is otherwise in paid status. Section 8. In the event the examination set forth in section 7 above determines the need for additional tests or information, the City will bear the cost associated with such additional tests, if so ordered, including the opinion(s) of additional physicians and /or psychologists. Section 9. The parties agree that the Police Chief and the FOP will make a good -faith effort to develop a Physical Fitness/Wellness Program to replace the current Physical Abilities Test. Upon acceptance of any such new program by the FOP, Sections 1, 2, 3, 4, 5, and 6 above will be removed from this Article, and the subject of physical fitness /wellness including related testing, shall be governed exclusively by the Department's new program. - 28 - ARTICLE 17 WORKING OUT OF CLASSIFICATION Section 1. In the event the shift (patrol) Sergeant is absent, the Police Chief, Deputy Police Chief, or Police Captain may designate an officer on the same shift to serve as Acting Sergeant. Any employee designated by the Police Chief, Deputy Police Chief, or Police Captain to serve as an Acting Sergeant for a period in excess of eighty -six (86) consecutive regularly scheduled work hours shall receive a one -step (3 %) increase to his /her regular rate of pay for all hours worked in the Acting Sergeant capacity subsequent to the eighty -six (86) consecutive regularly scheduled work hours. (Each separate period of service shall require a separate eighty -six (86) consecutive regularly scheduled work hours period of service as a condition precedent to receipt of the aforementioned one -step increase.) Section 2. The Police Chief, Deputy Police Chief, or the Police Captain will determine whether to temporarily assign a Sergeant from another shift or utilize non - bargaining unit management personnel to perform the Sergeant's duties. Section 3. For the purposes of administration of this Article, employees designated and serving as Acting Sergeants shall document their time cards to reflect the exact periods of such service. Section 4. If the Police Chief, the Deputy Police Chief, or the Police Captain designates an Acting Sergeant in a non - patrol unit or division, any employee so designated will be eligible for the aforementioned one -step increases if he /she fulfills the requirements set forth in Section 1 above. - 29 - ARTICLE 18 PUBLICATION OF AGREEMENT The City will furnish to the FOP an original and one (1) copy of this Agreement fully executed by the appropriate City officials. The FOP may make and distribute such additional copies of this Agreement as it deems appropriate. - 30 - ARTICLE 19 SAFETY The City and FOP agree that they will comply with all applicable health and safety laws. The City and the FOP will cooperate in the continuing objective of eliminating accidents and health hazards. a) In the event there is an incident of infectious disease contamination in a vehicle the on duty Watch Commander shall determine if the clean up exceeds the ability of the officer and may take the vehicle out of service for cleaning. All bargaining unit members shall comply with departmental directives on infectious disease control procedures. b) The City shall provide a service to change and /or fix flat tires on any police vehicle that occurs when conducting official city business or duties within Seminole County. Any other vehicle repairs or service will require the approval of the City Fleet Maintenance Supervisor or the members Division Commander. Officers will be reimbursed for out of pocket expenses for all authorized repairs or services. - 31 - ARTICLE 20 PROMOTIONS Section 1. The purpose of this Article is to establish a fair and equitable procedure to select the most qualified individuals for promotion. Section 2. Any police officer with a minimum of four (4) consecutive years of experience in the Department immediately prior to the promotional examination shall be eligible to take a promotional examination for Sergeant if he /she otherwise meets all of the qualifications for the promotion. Section 3. Whenever practical, promotional examinations shall be announced and scheduled at least sixty (60) days prior to the actual examination date. Section 4. Promotional examinations will utilize: (a) Written tests; or (b) Oral examinations; or (c) Interviews; or (d) In basket; or (e) Role- playing; or (f) Tactical plan; or (g) Operational plan; or (h) Any combination of the foregoing. Section 5. At the time of announcement and scheduling of a promotional examination, the Department shall announce the date and place of the examination; the method by which examination scores will be determined; cut -off scores (if any) for various sections of the examination; type of examination (written test, oral examination, etc.); eligibility requirements (i.e., other than those set forth in this Article); sources (other than practical experience) from which examination questions may be drawn; and reference material and /or study guides which will assist applicants in preparing for the examination. - 32 - Section 7. Oral test, interview, and role - playing components of promotional examinations shall be conducted by a three (3) member panel as follows: (a) A member of the City of Sanford Police Department with the rank of Lieutenant or higher. (b) Two (2) full -time law enforcement officers with the rank of Lieutenant or higher employed by different agencies within Seminole County. The three (3) panel members shall be selected by the City Human Resources - Director. Section 8. At the conclusion of a promotional examination, the City Human Resources Director will establish an eligibility list by ranking of scores. These scores shall be ranked from the highest to the lowest. The Police Chief reserves the right to select from any employee on the eligibility list to fill the promotional vacancy (vacancies); provided, however, that any employee so selected must have attained a passing score of 70 or better on the promotional examination. The promotional (eligibility) list shall be valid for twelve (12) months, but may be extended by the City for a period not to exceed an additional twelve (12) months. Section 9. No employee shall be eligible for promotion unless he /she has been ranked overall "Meets Standards" or higher on his /her last two (2) Performance Evaluations. No employee shall be eligible for promotion if he /she has received formal disciplinary action for an incident occurring within twelve (12) months prior to the actual appointment (promotion). No employee shall be eligible for promotion if he /she has not passed the most recent physical abilities test set forth in this Agreement. The Department must administer the physical abilities test within fourteen (14) days of the promotional examination or the physical abilities test requirement will be waived for the purpose of this promotional examination only. Employees must file written intent to take a promotional examination within fourteen (14) days of the announcement of the promotional examination. Failure to file a written intent of taking the examination in a timely manner shall result in disquali- fication. For the purpose of this Article, the date of announcement of promotional examinations shall be the date on which the announcement of promotional examination is posted on the Departmental bulletin board on which EEO, Workers' Compensation, and other state and federally mandated notices are posted. Section 10. Although there are no formal educational requirements for taking the sergeant promotional examination under this Article, the parties recognize that the Police Chief, in his discretion, may consider educational attainment (along with otherfactors) in making his selection for filling a promotional vacancy for sergeant. - 33 - Section 11. If a valid eligibility list exists, a promotional vacancy will be filled within sixty (60) days from the list in effect at the time the vacancy occurs unless the Police Chief determines that budgetary considerations warrant further postponement. Section 12. This Article shall apply to promotions up to rank of Sergeant. - 34 - ARTICLE 21 GENERAL PROVISIONS Section 1. Residency - Employees covered hereunder are required to timely respond to emergency situations. Therefore, as a condition of initial hire and continued employment, employees covered hereunder shall comply with current Police Department policy relating to residency and timely response to emergency situations. Failure to comply with this Section shall result in termination of employment. Section 2. Outside Employment - Upon the approval of the Chief of Police, an employee covered hereunder may accept and be employed in an off -duty job which is not in violation of federal, state, or local laws and is not in conflict with ongoing law enforcement operations or activities. The employee must complete an off -duty employment request and submit such request through his /her chain of command. The request will be approved or disapproved within seven (7) days. Section 3. Personnel Records - Any employee shall have the right to include in his /her official personnel file his /her sworn statement and /or sworn statements from witnesses addressing any material he /she considers to be detrimental. The City shall keep only one official personnel file for each employee covered hereunder. This shall not restrict the Department or individual supervisors from maintaining working files on the employees covered hereunder; provided, however, that items contained in such working files shall not constitute official action (e.g., formal disciplinary action) unless they are also included in the employee's official personnel file. Section 4. Off -Duty Details - All requests for uniformed off -duty security work will be handled in accordance with current policy (P &P 01 -46, effective 08/01/2006). The rate of pay for uniformed off -duty security work will be a minimum Twenty -five Dollars ($25.00) per hour, with a minimum of four (4) hours. The detail rate for Thanksgiving Day and Christmas Day shall be a minimum Thirty dollars ($30.00) per hour with a minimum of four (4) hours. Section 5. Funeral Detail - In the event of an "in line of duty death" of a police officer, the Police Chief (or his designee) may designate one or more employees covered hereunder to represent the City of Sanford Police Department at the funeral services. Any employee so designated shall be allowed time off with pay and shall be provided with transportation. Where the Police Chief designates one or more employees to attend funeral services at a location more than one hundred fifty (150) miles from Sanford, the Police Chief may authorize payment of overnight lodging and food expenses (if it would be unreasonable for the employee or employees to return from the funeral within the same day). If a City vehicle is utilized to attend the funeral services, the FOP may designate an off -duty employee to accompany the employee(s) designated by the Police Chief; provided that there is available space in the vehicle, the FOP designated employee is (and shall be) on - 35 - non -pay status (i.e., a volunteer), and the FOP is (and shall be) responsible for its designee's travel expenses (other than transportation). If the Police Chief does not designate any employee to attend a funeral for a police officer killed in the line of duty, the FOP may request that it be permitted to designate an off -duty employee or employees (not to exceed four (4)) to attend the funeral. Under such circumstances, the Department shall provide the vehicle and the fuel for such vehicle if the Police Chief (or his designee) determines that there are sufficient vehicles available to meet operational needs. No vehicle will be issued to FOP designees to attend funerals outside the State of Florida. The FOP will be responsible for all of its designees' travel expenses, including food and lodging. As a condition precedent to obtaining the use of the Department's vehicle (and fuel), the FOP must obtain the agreement of the Police Chief (or his designee) as to the duration of the trip. Employees attending such funeral services shall wear their Class A uniforms. Section 6 Probationary Period — New employees shall be on probation for a period twelve (12) months from the date of hire. The Police Chief, in his /her discretion, may extend this twelve 12) -month probationary period for a maximum of three (3) additional months if he /she feels that such additional period is warranted in order to attain acceptable job performance. In the event the Police Chief extends the aforesaid twelve (12) -month probationary period, he shall provide the employee with a letter stating the reasons for such extension. During the twelve (12) -month probationary period and any extension thereof, a new employee may be terminated or otherwise disciplined without recourse to the grievance and /or arbitration procedure here under or any other City procedure. Employees who are promoted to a classification covered hereunder will be on probation in that classification for a period of six (6) months. The Police Chief, in his /her discretion, may extend this six (6) month promotional probationary period for a maximum of three (3) additional months if he /she feels that such additional period is warranted in order to attain acceptable job performance. In the event the Police Chief extends the aforesaid six (6)- month probationary period, he shall provide the employee with a letter stating the reasons for such extension. During this six (6) -month promotional probationary period and any extension thereof, the employee may be returned to his /her former classification without recourse to the grievance and /or arbitration procedure hereunder or any other City procedure if the Police Chief determines that such employee is not meeting the requirements of the classification to which he /she was promoted. - 36 - ARTICLE 22 RETIREMENT BENEFITS Section 1. The City shall continue to provide the employees covered hereunder with retirement benefits pursuant to the retirement program presently in effect. The City will abide by all ordinances and statutes governing the City's retirement program. - 37 - ARTICLE 23 FAMILY LEAVE Family leave benefits will be governed by the provisions of the "Family and Medical Leave Act of 1993" and any applicable City Personnel Rules. - 38 - ARTICLE 24 LEGAL BENEFITS Employees covered hereunder shall be governed by existing City policy and practice concerning defense of lawsuits and payment of judgments. - 39 - ARTICLE 25 WORKERS' COMPENSATION BENEFITS Workers' Compensation benefits shall be governed by existing state law. - 40 - ARTICLE 26 JOB DESCRIPTIONS Upon the execution of this Agreement, copies of all current job descriptions for positions covered hereunder shall be furnished to the FOP. Should any job description subsequently be amended, a copy of such amended job description shall be provided to the FOP. Nothing herein shall restrict the City from amending any job description to include additional duties reasonably relating to or supportive of law enforcement. - 41 - ARTICLE 27 EDUCATIONAL REIMBURSEMENT Reimbursement for educational expenses shall be governed by current City rules and regulations. Any employee desiring to attend college classes during his /her scheduled shift must have the written approval of the Chief of Police. The Chief of Police shall have exclusive discretion to determine whether the employee will be permitted to attend classes during his /her scheduled shift and (if so) whether the employee may utilize vacation, compensatory time, or adjusted work hours to facilitate attendance at such classes. Under no circumstances shall the City incur an additional expense (e.g., overtime payment) as a result of any employee attending college classes during his /her scheduled shift. An employee desiring to attend college classes during his /her scheduled shift shall file a written request with the Chief of Police at least thirty (30) days in advance of the commencement of such classes. Such written request shall contain such information as would assist the Police Chief in exercising his discretion to grant (or not grant) the request - - e.g., the name of the course; the times and dates of the class(es); the reason why the course must or should be taken; the reason why the course or an alternate course cannot be taken at a different time, etc. - 42 - ARTICLE 28 SENIORITY Section 1. Seniority for the purpose of vacation accrual shall be defined as the length of continuous service in full -time City employment and will continue to accrue during all types of leaves of absence with pay and other leaves if specifically provided in this Agreement. Section 2. Selection of vacation schedules shall be in accordance with current policy and practice. Section 3. Shift assignments, assignments to specialized units or positions, and transfers will be made at the discretion of the Police Chief, who may consider factors other than seniority, e.g., manning requirements, special skills, training, and /or rank. Where the Police Chief determines that manning, skills, training, rank, and other operational requirements are met, he shall utilize seniority within job classification (if applicable) or seniority within the Department to determine which employee receives a particular shift assignment, assignment to a specialized unit or position, or transfer. Nothing contained in this paragraph shall be deemed to create a "bid" system for shift assignments. Section 4. In the event the City determines that there is the need to lay off employees covered hereunder, the following procedures shall be followed: (a) The City shall determine the number and classifications of employees to be laid off. (b) Probationary employees shall be laid off before permanent full -time employees. (c) The Department shall utilize the current City policy regarding the order of layoff and eligibility for recall. (d) Section 5. An employee shall lose his status as an employee and his seniority if he /she: (e) Resigns or quits. (f) Is discharged or terminated. (g) Retires. (h) Has been on layoff for a period of one (1) year. Section 6. No employee shall be entitled to City benefits (or accrual of such benefits) while on layoff status. - 43 - ARTICLE 29 CALL -BACK, STANDBYAND COURT TIME Section 1. Call -back pay is provided to compensate an employee required to return to work at certain times outside of his /her regularly scheduled shift. Eligibility for call -back pay is as follows: (a) Except as provided in subparagraphs (b), (c), and (d) below, any employee who is off -duty and required to perform work on an unscheduled basis shall be eligible for call -back pay. (b) Any employee required to return to work for two (2) hours or less prior and contiguous to his /her regularly scheduled starting time shall be paid for the actual time worked. (c) Any employee who is on duty and is instructed to remain on duty shall be ineligible for call -back pay but eligible for compensation for time actually worked. (d) Any employee required to continue working after completion of his /her regularly scheduled shift shall be ineligible for call -back pay but shall be paid for time actually worked. (e) Any employee eligible for call -back pay shall be paid for the actual hours worked, with the minimum guarantee of two (2) hours pay. Call -back pay begins at the time designated by the Department for the employee to commence his /her duties. Call- back pay concludes at the time that the Department releases the employee from his /her assigned duties. (f) All Bargaining Unit Employees shall receive $10.00 per pay period for a total of $260.00 per year for receiving all off duty -work related phone calls whether from within the police department or from external parties. Any internal duty related police department phone call made to any off -duty Bargaining Unit Employee will not be initiated without first obtaining approval to make the call from Lieutenant -level (including on -duty Watch Commander) or higher authority. Nothing in this section shall be construed as a requirement that Bargaining Unit Employees be available for phone calls at all times. Section 2. An employee required to attend court where he /she is involved as a witness (in his /her official police capacity), arresting officer, and /or investigating officer shall receive a minimum of two (2) hours pay at straight time or time and one -half, whichever is applicable. An employee required to attend court at a time which is continuous with his /her scheduled - 44 - work shift (i.e., before or after his /her scheduled work shift) shall be paid at his /her straight time or time and one -half rate, whichever is applicable. The two (2) hour minimum shall not apply. The Department reserves the right to institute any procedure or system it deems appropriate to measure, record, and /or verify attendance at and duration of off -duty court appearances. Strict compliance with any procedure or system so instituted by the Department shall be a condition precedent to obtaining compensation for an off -duty court appearance. False or inaccurate statements concerning verification of court time will be grounds for disciplinary action up to and including discharge. Section 3. Standby duty shall not be considered hours worked unless mandated by the Fair Labor Standards Act. - 45 - ARTICLE 30 PREVAILING RIGHTS The rights, privileges, and working conditions of employees covered hereunder shall be limited to those specifically set forth or incorporated by precise reference in this Agreement. The FOP and the City specifically agree that, to the extent that this Agreement reduces, increases, or otherwise alters any right, privilege, or working condition under pre- existing City or Departmental rules and regulations, such rule or regulation shall be amended to conform with the provisions of this Agreement. - 46 - ARTICLE 31 SEVERAB/L/TY Section 1. If any Article or Section of any Article of this Agreement shall be found invalid, unlawful or not enforceable by reason of any existing or subsequently enacted legislation or by judicial authority, all otherArticles and Sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Section 2. The City and the bargaining unit acknowledge that during the negotiations which resulted in this Agreement, each had the opportunity to make proposals with respect to all matters which are normally subject to collective bargaining under applicable law. The parties agree that the provisions of this Agreement and any items which are incorporated in this Agreement by specific reference constitute the entire agreement of the parties. - 47 - ARTICLE 32 VACATION Employees covered hereunder shall be provided annual vacation leave in accordance with the vacation leave provisions of the City of Sanford Personnel Rules and Regulations adopted March 2001; provided that the application of Section 2.43, Vacation Policy, in the Human Resources Manual Personnel Rules and Regulations adopted March 2001, shall be modified for FOP collective bargaining unit members as follows: The maximum amount of annual leave a FOP collective bargaining unit member may have to their credit on October 1, 2015 and every October 1 thereafter is 400 hours for an employee with 11 or more years of service and 340 hours for an employee with 10 years of service or less. For the purpose of this article annual leave and vacation leave shall be the same. The maximum amount of vacation leave for payment upon resignation or retirement, i.e. the amount an employee would accrue in 1 Y2 years, shall remain the same and unchanged. In order to allow collective bargaining unit members the opportunity to utilize vacation hours in excess of the above maximums the City agrees to the following: 1. Effective October 1, 2012 the City will pay down all vacation hours in excess of 800 for FOP collective bargaining unit members at their current rate of pay at a ratio of 1 hour paid for every 3 hours of accrued vacation hours in excess of 800. 2. Employees will be given 3 years to utilize excess vacation hours in order to transition to the above maximums no later than October 1, 2015. 3. A review committee consisting of the City Manager or his designee, the Police Chief and a member of the collective bargaining unit will meet in April and September of each year to review levels and usage of vacation hours and discuss any issues with usage and scheduling. 4. Commencing October 1, 2015 and each fiscal year thereafter, the City Manager or his designee may, at his discretion, consider payment of vacation hours in excess of the maximums allowable based upon recommendation by the Police Chief. Any payment made for excess vacation hours will be made at the employees current rate of pay on the basis of 1 hour paid for each 1 hour of vacation accrued in excess of the maximum allowable. - 48 - ARTICLE 33 HOLIDAYS Section 1. Except as specified in Sections 2, 3 and 4 below, all holidays shall be treated in accordance with the holiday provisions of the City of Sanford Personnel Rules and Regulations applicable to the employees covered hereunder and in effect on the effective date of this Agreement. Section 2. Bargaining unit employees who work on Thanksgiving Day or Christmas Day (0001 hours to 2400 hours) shall qualify for holiday pay in accordance with the following. In addition to the amount of pay typically to be received for working that shift, a bargaining unit employee shall receive an additional amount equal to one times his /her normal rate for all hours actually worked on Thanksgiving Day or Christmas Day. A maximum of an additional 8 or 12 hours at one times his /her normal rate will be paid based on assigned shift schedule. Section 3. Bargaining unit employees who are scheduled to work on Thanksgiving Day or Christmas Day may be granted a paid holiday (staffing permitting) if approved by the Chief of Police or his designee. The intent is to allow as many employees as possible to be able to spend the holiday with their family. Section 4. Bargaining unit employees who are on a regular day off on Thanksgiving Day or Christmas Day will not receive any additional compensation. - 49 - ARTICLE 34 SICK LEAVE Employees covered hereunder shall be entitled to sick leave benefits in accordance with the sick leave provisions of the City of Sanford Personnel Rules and Regulations adopted March2001. - 50 - ARTICLE 35 BEREAVEMENT Employees covered hereunder shall be entitled to bereavement benefits in accordance with the bereavement provisions of the City of Sanford Personnel Rules and Regulations in effect on the effective date of this Agreement. - 51 - ARTICLE 36 INSURANCE Section 1. Employees covered hereunder shall be entitled to the same health insurance benefits as are applicable to other City employees. Section 2. Employees covered hereunder shall be entitled to the same life insurance benefits (i.e., life insurance in the amount of $5,000) as are applicable to non - public safety employees. To the extent that there exists a statutorily mandated death benefit for police officers, such benefits shall be separate and apart from the aforesaid life insurance benefits. - 52 - ARTICLE 37 WAGES Section 1. Salary Step Plan: For Fiscal Years 2011 -2012, 2012 -2013 (effective the first payroll period after January 1, 2013)* and 2013 -2014 the salary step plan for bargaining unit employees shall be as below.- OFFICER FY 2011 -12 FY 2012 -13* FY 2013 -14 STEP 1 $35,720 $36,256 $36,619 2 $36,792 $37,344 $37,717 3 $37,896 $38,464 $38,849 4 $39,033 $39,618 $40,014 5 $40,204 $40,807 $41,215 6 $41,410 $42,031 $42,451 7 $42,652 $43,292 $43,725 8 $43,932 $44,591 $45,037 9 $45,250 $45,929 $46,388 10 $46,607 $47,306 $47,779 11 $48,005 $48,725 $49,212 12 $49,445 $50,187 $50,689 SERGEANT FY 2011 -12 FY 2012 -13* FY 2013 -14 ��M 1 $45,837 $46,525 $46,990 2 $47,213 $47,921 $48,400 3 $48,629 $49,358 $49,852 4 $50,088 $50,839 $51 5 $51,591 $52,365 $52,889 6 $53,138 $53,935 $54,474 7 $54,732 $55,553 $56,109 8 $56,374 $57,220 $57,792 9 $58,066 $58,937 $59,526 10 $59,808 $60,705 $61,312 11 $61,602 $62,526 $63,151 12 $63,450 $64,402 $65,046 - 53 - Educational Incentives are added to base salary: Associate - $ 500 per year Bachelor - $1000 per year Master - $1500 per year Section 2. Effective October 1, 2004, an overall performance rate of WS — Meets Standard" shall be the minimum standard associated with the annual employee evaluation for the purpose of eligibility for step movement. An employee who does not achieve an overall performance rate of "Meets Standard" or better shall not be eligible for a step movement. Effective October 1, 2002, existing employees (employees hired before October 1, 2002) are considered to be on an October 1 annual track performance cycle regardless of date of hire and shall be evaluated during the month of September 2003. For those employees the same process of review and eligibility for step movement will occur in each subsequent fiscal year during the September /October time frame. Employees hired on or after October 1, 2002, and have completed 12 months of employment shall progress to the next highest step as of their one year anniversary. This anniversary date shall then constitute their annual performance rating cycle. These employees will be reviewed and will be eligible for step movement on their anniversary date instead of the fiscal year September /October time frame. Bargaining Unit employees who have reached Step 12 in the Salary Step Plan and have remained at that step for minimum of one year will be eligible for a lump sum bonus of 3 percent of their current salary inclusive of any market increase agreed to by the City and the Bargaining Unit and on the condition that an employee receives a minimum annual performance rate of "Meets Standard ". Section 3. Effective October 1, 2012 and notwithstanding the provisions of Sections 1 and 2 above and the Agreement to Amend Collective Bargaining Agreement (executed by the City on 10/19/09 and the Union on 9/29/09) or any other document, there shall be no step movement or lump sum bonus of any kind for any employee covered under this Agreement during Fiscal Year 2012 -2013 and Fiscal Year 2013 -2014. Effective October 1, 2012, employees covered hereunder shall remain in the step (and at the salary level) in the Salary Step Plan for FY 2011 -2012 set forth in Section 1 above; provided, however, that effective the first payroll period after January 1, 2013 and the first payroll period after October 1, 2013, employees covered hereunder shall receive wage increases in accordance with the following: A. Effective the first payroll period after January 1, 2013, each employee covered hereunder shall receive a 1.5% increase. Such 1.5% increase is reflected in the Salary Step Plan for FY 2012 -2013 (effective the first payroll period after January 1, 2013) set forth in Section 1 above. (For example, an Officer in Step 2 of - 54 - the FY 2011 -2012 Salary Step Plan will remain in Step 2, but shall have his /her salary increased from $36,792 to $37,344, effective the first payroll period after January 1, 2013, as reflected in the FY 2012 -2013 Salary Step Plan.) B. Effective the first payroll period after October 1, 2013, each employee covered hereunder shall receive a 1 % increase. Such increase is reflected in the Salary Step Plan for FY 2013 -2014 (effective the first payroll period after October 1, 2013) set forth in Section 1 above. (For example, a Sergeant in Step 8 of the FY 2012 -2013 Salary Step Plan will remain in Step 8, but shall have his /her salary increased from $57,220 to $57,792, effective the first payroll period after October 1, 2013, as reflected in the FY 2013 -2014 Salary Step Plan.) Should the City increase the base wages of employees in other bargaining units in a percentage amount greater than the 1 % increase provided the FOP bargaining unit employees in this paragraph (B.), the FOP bargaining unit employees shall have their base wages increased by such greater percentage amount rather than the 1 % set forth herein. Section 4. The wage increases described in Section 3A. and 3B. above shall be the only wage increases of any kind for Fiscal Year 2012 -2013 and Fiscal Year 2013 -2014 for employees covered hereunder. The Salary Step Plan(s) in Section 1 above shall automatically expire on September 30, 2014. Any wage increases after September 30, 2014, whether by step plan or otherwise, shall be limited to whatever wage increase (step plan, market adjustment, etc.), if any, specifically negotiated by the City and the Union. Section 5. Should the City Commission approve a lump sum (holiday) bonus for all City employees, the bargaining unit employees covered hereunder shall be eligible to receive such lump sum (holiday) bonus on the same terms and conditions as applicable to other City employees. ARTICLE 38 - 55 - SPECIAL ASSIGNMENT PAY Section 1. The Police Chief may designate an employee to be an official Departmental interpreter. Said bilingual employee shall request in writing to the Chief of Police to become an official Departmental interpreter. All Department interpreters must pass a departmentally approved language fluency test. If the Chief of Police designates an employee to be an official Departmental interpreter, the employee shall received twenty dollars ($20.00) per pay period (bi- weekly). No employee shall be entitled to the aforesaid additional pay unless he /she has been designated an official Departmental interpreter by the Police Chief in writing. Section 2. The City agrees to supplement those bargaining unit employees with a fifty dollar ($50.00) monthly shift differential who are permanently assigned to Midnight Shift Patrol. Section 3. The Police Chief, or his designee shall designate qualified police officers to serve in a capacity of Field Training Officer (FTO). Field Training Officers so designated shall received an additional $100.00 per month. No police officer shall be required to sign off on the field training of another police officer unless he /she has been appointed a Field Training Officer (FTO) by the Police Chief, or his designee. Nothing herein shall restrict a police officer not assigned as a Field Training Officer from incidentally or occasionally riding with a new police officer or instructing or observing a new police officer in the performance of a particular task; provided, however, that any such police officer not assigned as a Field Training Officer shall not have any responsibility for signing off on the new police officer's field training. (Sergeants will normally not be assigned as Field Training Officers; however, as a part of their normal supervisory duties, Sergeants may be required to observe, instruct, and evaluate new police officers without additional compensation.) FTO's shall wear an insignia on their sleeve as determined by the Chief of Police. - 56 - ARTICLE 39 DURATION Section 1. This Agreement shall take effect on October 1, 2012, subject to ratification by the FOP and approval by the City Commission and shall remain in full force and effect until and including September 30, 2014, when all of the provisions contained herein shall automatically terminate. In order to negotiate a new agreement to succeed this Agreement, written notice shall be given by either party to the other no sooner than April 15, 2014, and no later than July 1, 2014. This Agreement constitutes the complete and final agreement of the parties on all issues which have been and could have been negotiated; provided that the Agreement shall be amended to reflect any changes to wages (Article 37) resulting from the application of Article 37, Section 3B. or pursuant to the reopener. LIMITED REOPENER. Each party (the City and the FOP) may reopen this Agreement for the limited purpose of negotiating /renegotiating one non -wage Article for Fiscal Year 2013- 2014, i.e., one Article per each party. (Under no circumstances shall Article 37 — WAGES be reopened.) This limited reopener shall not require formal notification by either party; provided, however, that the parties shall commence negotiations no later than May 1, 2013 in order to conclude the bargaining process in a timely manner. Section 3. Any notice to be given by the FOP under this Agreement shall be given by registered or certified mail to the City Manager, City of Sanford, 300 North Park Avenue, Sanford, Florida 32771. Any notice to be given under this Agreement by the City to the FOP shall be hand - delivered to any officer of the FOP or shall be mailed to the Florida State Lodge Fraternal Order of Police, 242 Office Plaza, Tallahassee, FL 32301 CITY OF SANFORD BY: �> Norton .Bonaparte, City Manager FRATERNAL ORDER OF POLICE MR Ned D. Gol en FOP State Staff Representative t an n i OP L ae # 0 Union Steward - 5\ -