1137-Firefighter Agrmt 2006-09-Fire Fighter/EMT/Engineer & Fire Fighter/ParamedicCOK)-- 113
AGREEMENT BETWEEN
CITY OF SANFORD
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SANFORD PROFESSIONAL FIREFIGHTERS
LOCAL 3996
IAFF
(Fire Fighter/EMT/Engineer and Fire
Fighter /Paramedic)
(OCTOBER, 1, 2006 to SEPTEMBER 30, 2009)
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ARTICLE 1
PREAMBLE
This Agreement is between the City of Sanford, Florida, hereinafter called the "City" and
the Sanford Professional Firefighters, Local 3996, hereinafter called the "Union ".
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ARTICLE 2
RECOGNITION
1. The City recognizes the Union as the exclusive bargaining agent for all employees
in the job classifications included in PERC Certification No. RC- 2000 -01. Currently included in
the bargaining unit are all regular, full -time employees of the City of Sanford in the classification
of Fire Fighter /EMT /Engineer and Fire Fighter /Paramedic. Employees in these classifications
shall be covered by the terms of this Agreement unless excluded by mutual agreement of the
parties, or excluded from the bargaining unit by PERC. Excluded from the bargaining unit are
the Fire Chief, Deputy Fire Chief, Fire Marshal, Battalion Chief - Operations, Battalion Chief -
EMS, Battalion Chief - Training, Fire Protection Inspector, Fire Lieutenant and all other City
employees.
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ARTICLE 3
PREVAILING RIGHTS, RULES, AND REGULATIONS
1. Except as otherwise provided herein, the wages, hours, and other conditions of
employment of the bargaining unit employees shall be those specifically set forth or specifically
incorporated by reference in this Agreement.
2. Except as modified by a specific provision of this Agreement, the Union agrees
that the employees covered hereunder shall comply with all rules, regulations, policies,
procedures, and operating bulletins of the City and the Fire Department, and any amendments
thereto.
3. Should the City and/or the Department exercise this right to formulate, amend,
revise, and/or implement any and all rules, regulations, policies, procedures, and/or operating
bulletins, the City or the Department shall provide a courtesy copy of any new (or amended) rule,
regulation, policy, procedure, or operating bulletin to the Union at least seventy -two (72) hours
prior to the effective date of implementation. Simultaneous with providing a courtesy copy to
the Union, the City or the Department shall post at each fire station the new (or amended) rule,
regulation, policy, procedure, or operating bulletin. "Posting" may be accomplished through
electronic mail, telecommunication, bulletin board posting, or any other appropriate means.
4. In the event the City or the Department exercises its right to issue a new (or
amended) rule, regulation, policy, procedure, or operating bulletin, no bargaining unit employee
shall be disciplined for violation of any such new or amended rule, regulation, policy, procedure,
or operating bulletin until the City and /or the Department has informed the Union of its posting
of such new or amended rule, regulation, policy, procedure, or operating bulletin in accordance
with the procedure set forth in paragraph 3 above. For the purpose of this Article, hand delivery
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or mailing to the Union President, Vice President, or Secretary /Treasurer shall be deemed service
upon the Union. Mailing shall be effective upon deposit in the United States Mail by the City or
the Department.
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ARTICLE 4
NON - DISCRIMINATION
1. Neither the Union nor the City shall discriminate against or harass any employee
on the basis of any status protected by applicable law or Union membership or non - membership.
2. If, and in the event, an employee elects to seek remedy for alleged discrimination
or harassment by the filing of a complaint with EEOC or FCHR, then in that event, the subject of
such complaint may not also be grieved.
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ARTICLE 5
STAFFING AND EQUIPMENT
1. The City shall determine the identity, number, skill level, and type of personnel to
be assigned the shifts, apparatus, and equipment. The City shall also determine the type and
number of equipment and apparatus to be used in the provision of fire and rescue services.
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ARTICLE 6
SCOPE OF DUTIES
1. Bargaining unit employees shall be responsible for performing any and all job
duties falling within the generic scope of fire /rescue services. Additionally, bargaining unit
employees may be tasked with performing unrelated duties as the need arises. Bargaining unit
employees shall comply in a timely manner with all written and verbal orders given by superiors,
even if such orders are alleged to be in conflict with this Agreement, unless such order clearly
places the employee's life in unnecessary danger.
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ARTICLE 7
MANAGEMENT RIGHTS
1. Except as specifically restricted by the provisions of this Agreement, the City has
the sole and exclusive right to manage and direct any and all of its operations. Accordingly, the
City specifically, but not by way of limitation, reserves the sole and exclusive right to:
i) Determine the purpose and organizational structure of the Fire and Emergency
Service;
ii) Exercise control and discretion over the organization and efficiency of operations
of the Fire and Emergency Service;
iii) Set minimum performance standards for service to be offered to the public;
iv) Increase, reduce, change, modify or alter the size and composition of the work
force;
V) Determine the location, methods, means and personnel by which operations are to
be conducted;
vi) Change or modify duties, tasks, responsibilities or job descriptions due to
operational requirements of the Fire and Emergency Service;
vii) Transfer, assign, schedule employees in positions within the organizational
structure of the City and the Fire and Emergency Service;
viii) Change or modify the number, types, and grades of positions or employees
assigned to an organization, unit, division, department, or project;
ix) Decide the scope of the service;
X) Hire, examine, classify and /or otherwise determine the criteria and standards of
selection for employment;
xi) Fire, demote, suspend or otherwise discipline bargaining unit employees for just
cause;
xii) Test employees pursuant to the provisions contained herein and/or the City's Drug
Free Workplace Policy;
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xiii) Promote and/or otherwise establish criteria and /or procedures for promotions
within and without the bargaining unit; and determine the number and types of
positions as well as the number and types of positions in each classification,
grade, step or designation in any plan which is or may be developed by the City;
xiv) Lay off and /or relieve employees from duty due to lack of work or lack of funding
or any other reason in accordance with City policies;
xv) Recall employees in accordance with City policies;
xvi) Determine the starting and quitting time and the number of hours and shifts to be
worked;
xvii) Determine the allocation and content of job classifications; and determine all
training parameters for all City positions, including persons to be trained and
extent and frequency of training;
xviii) Formulate and /or amend job descriptions;
xix) Merge, consolidate, expand, curtail, transfer, or discontinue operations,
temporarily or permanently, in whole or in part, whenever in the sole discretion of
the City good business judgment makes such curtailment or discontinuance
advisable;
xx) Contract and/or subcontract any existing or future work;
xxi) Create, expand, reduce, alter, combine, assign, or cease any job;
xxii) Determine whether and to what extent the work required in its operation shall be
performed by employees covered by this Agreement;
xxiii) Control the use of equipment and property of the City and determine the number
and classifications of employees assigned to any shift, station or piece of
equipment;
xxiv) Determine the maintenance procedures, materials, facilities, and equipment to be
used, and introduce new or improved services, maintenance procedures, materials,
facilities and equipment;
xxv) Take whatever action may be necessary to carry out the mission and responsibility
of the City in unusual and/or emergency situations;
xxvi) Maintain the efficiency of the operations of the Department;
xxvii) Have complete authority to exercise those rights and powers which are incidental
to the rights and powers enumerated above.
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2. The above rights of the City are not all- inclusive but indicate the type of matters
of rights which belong to and are inherent in the City. Any of the rights, powers, and authority
that the City had prior to entering into this collective bargaining agreement are retained by the
City.
3. If the City fails to exercise any one or more of the above functions from time to
time, this will not be deemed a waiver of the City's right to exercise any or all of such functions.
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ARTICLE 8
DISCIPLINE AND DISCHARGE
1. The City Manager, or his designee, may fire, suspend, demote, or otherwise
discipline any bargaining unit employee for just cause.
2. In the event that a suspension, demotion or discharge action is taken against a
bargaining unit employee, he /she shall be furnished a written statement specifying the grounds
that may exist for such action. Additionally, the bargaining unit employee may be provided with
an opportunity to discuss such action with the Fire Chief (or his designee) and/or the City
Manager (or his designee) prior to such action becoming final.
3. All new hires shall serve a probationary period of at least one year. This
probationary period may be extended at the discretion of the Fire Chief. Probationary employees
may be separated from employment at any time, with or without cause. Probationary employees
may not avail themselves of the grievance and/or arbitration provisions of this Agreement
regarding any matter relating to the evaluation of their job performance or separation from
employment.
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ARTICLE 9
GRIEVANCE PROCEDURE
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 aggrieved employee shall present his grievance
in writing to the employee's Battalion Chief within ten (10) calendar days
of the occurrence of the event(s) which gave rise to the grievance on the
prescribed grievance forms, which shall be standard forms used
throughout the grievance procedure. Upon receipt of the grievance, the
employee's Battalion Chief shall forward a copy of the grievance to the
Fire Chief and the City's Personnel Director. The grievance shall be
signed by the employee and shall state: (a) the date of the alleged events
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which gave rise to the grievance; (b) the specific Article or Articles and
Sections of this Agreement allegedly violated; (c) statement of fact
pertaining to or giving rise to the alleged grievance; and (d) the specific
relief requested. The Battalion Chief shall, within ten (10) calendar days
after presentation of the grievance, render his decision on the grievance in
writing with copies to the Grievant, the Fire Chief, the Personnel Director,
and the Union.
STEP TWO Any grievance which cannot be satisfactorily settled
in STEP ONE above shall then be taken up with the Fire Chief or his
designee. The grievance, as specified in writing in STEP ONE above,
shall be filed with the Fire Chief within ten (10) calendar days after the
due date for the Battalion Chiefs response in STEP ONE above. The Fire
Chief or his designee shall conduct a fact - finding meeting with the
Grievant, his/her IAFF representative (if any), and the Battalion Chief.
Thereafter, the Fire Chief shall issue his decision in writing on the griev-
ance, with copies to the Grievant, the Personnel Director, and the Union
within ten (10) calendar days after presentation of the grievance at the
fact - finding meeting.
STEP THREE Any grievance which cannot be satisfactorily
settled in STEP TWO 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 seven (7) calendar days
after the due date for the Fire Chiefs response in STEP TWO above. The
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City Manager or his designee may conduct a meeting with the Grievant,
his/her IAFF representative and appropriate Department managers.
Thereafter, the City Manager shall issue his decision in writing on the
grievance, with copies to the Grievant, the Union, and the Department
within ten (10) calendar days after the presentation of the grievance at this
Step.
Section 4. If the Grievant is not satisfied with the City Manager's decision in STEP
THREE above, the Grievant may request arbitration by hand delivery or by certified or
registered mail of a written notice to the City Manager within seven (7) 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.
Section 5. Within ten (10) calendar days from receipt of such notice of arbitration, the
parties 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 Union 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 Union 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 /she shall
conduct a hearing between the parties and consider the grievance. The decision of the arbitrator
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will be served upon the individual employee or employees involved, the City, and the Union 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.
Section 7. The arbitrator will confine his/her consideration and determination to the
written grievance presented in STEP ONE of the grievance procedure. The arbitrator shall have
no authority to substitute his/her 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 the 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/herself exclusively to the question which is presented to him/her, 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. 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 Grievant.
(b) Grievances not submitted by the Grievant 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
Grievant to proceed to the next Step, and failure of the Grievant 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.
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Section 12. Nothing in this Article shall be construed to prevent any employee from
presenting his/her own grievance with whomever he /she wants to represent him. It is understood
that either an individual, an attorney, or the Union may represent a Grievant, but under no
circumstances shall more than one person represent the Grievant at any step 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 Union, the City shall so notify the Union. The Union
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 Union and
the Department or the City, such grievance shall be presented in writing directly to the Fire 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 Union Steward, or an
officer of the state IAFF. Thereafter, the grievance shall be processed in accordance with the
procedures set forth in STEPS TWO and THREE 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
procedures under this Article. In so doing, such non - dues - paying bargaining unit employee shall
be required to bear the full cost of preparing and presenting his/her own case and his/her
arbitration expenses as set forth in Section 6 above.
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ARTICLE 10
EDUCATIONAL ASSISTANCE
1. Employees covered hereunder are eligible for participation in the City's
educational assistance /tuition reimbursement program to the same extent that the program is
available to other City employees except that they City agrees to permit bargaining unit members
who are pursuing their Paramedic certification during the fiscal year to increase their tuition
reimbursement assistance by $400 or the City shall pay for the full tuition cost of the program or
whichever is greater.
2. All other conditions pertaining to the City's educational assistance /tuition
reimbursement program, including eligibility standards for participation, the amounts of
reimbursement, and the liability for repayment, shall be governed by the guidelines set forth in
the City's Personnel Rules and Regulations. The City shall have the unilateral discretion to
determine whether a matter does or does not fall under the City's educational assistance /tuition
reimbursement program. Each determination as to whether or not a matter falls under the City's
educational assistance /tuition reimbursement program shall be applied equally to management
and bargaining unit members.
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ARTICLE 11
INSURANCE
1. The City shall provide insurance for all bargaining unit employees and their
dependents in the same manner as all other City employees. The City shall also provide any
additional insurance required by Florida law.
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AD9rTC1 IV 19
VOTING AND CIVIC SERVICE
1. Employees who are unable to vote during their off -duty hours due to the location
of their voting precincts and their work schedules may be permitted leave with pay (not to
exceed two hours) to enable them to vote. To qualify for such leave with pay, the employee shall
file a written request with the Deputy Fire Chief advising him of the reasons for requesting leave
and providing him/her with confirmation of precinct location and voter registration. Such
request must be made at least seven (7) calendar days in advance.
2. Upon receipt of a timely and proper request in accordance with paragraph 1
above, the Deputy Fire Chief shall schedule the employee's voting time in such a manner as to
not interfere with operational requirements. It is understood that employees covered hereunder
are normally aware of their upcoming work schedule, and, therefore, can vote by absentee ballot
if their work schedule causes a conflict with their ability to vote. It, therefore, is further
understood that there is no entitlement to leave with pay for voting and that operating
requirements may preclude such time off (even if previously authorized by the Deputy Fire
Chief).
3. An employee called for jury duty, or subpoenaed or summoned to appear as a
witness on behalf of the City, shall be granted leave of absence with pay from scheduled duty
(for actual time utilized) upon presentation of summons or subpoena to his/her Commanding
Officer. Any fees received for jury duty or witness service while the employee is in full pay
status shall be remitted to the City. To qualify for paid leave of absence for jury duty or witness
service, the employee must submit a written Leave Request Form to his Commanding Officer
and the Fire Chief (in addition to the summons or subpoena) for appropriate approval.
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4. Leave with pay for appearance as a witness shall not be granted when the
employee is the defendant in a criminal proceeding, is engaged in personal litigation of any
nature, or is an adverse party to the City in any proceeding.
5. The City shall continue its existing policies with respect to military leave for
bargaining unit employees serving in the Armed Forces, including the National Guard.
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ARTICLE 13
DRUG, ALCOHOL, AND MEDICAL TESTING
1. The City, the Union, and the employees covered hereunder mutually agree that
employee substance and alcohol abuse constitutes a danger to the employee, fellow employees,
and the general public. It is further agreed that the safety of public property and equipment and
the image of the City and its employees are placed in jeopardy if an employee is involved in
substance or alcohol abuse.
2. Accordingly, the Union and the employees covered hereunder agree that the City
shall have the right and authority to require employees to submit to drug and alcohol testing to
detect the presence of any controlled substance, narcotic, drug, or alcohol as a part of any
physical and /or psychological examination for the purpose of determining an employee's fitness
for duty or otherwise in accordance with City and Departmental policy and practice.
3. If a bargaining unit member is involved in an accident while driving a City
vehicle, the City can require the bargaining unit member to submit to drug and /or alcohol testing.
4. Further, the City shall also have the right and authority to require employees to
submit to substance and alcohol testing based on circumstances that indicate reasonable
suspicion to believe that the employee is under the influence of a controlled substance, narcotic,
drug, or alcohol; suffers from substance or alcohol abuse; or is in violation of any City,
Departmental, or state rule, regulation, or law regarding the use of such substance or alcohol.
The City shall have "reasonable suspicion" under this paragraph if it possesses information upon
which the suspicion is based is reliable.
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5. Upon reasonable suspicion that an employee has been on duty or has reported for
duty with any controlled substance, narcotic, drug or alcohol in his system; the City Manager, the
Human Resources Director, the Fire Chief or their designee may order an employee to submit to
any type of toxicology or alcohol testing determined appropriate. Any testing administered
under this Article shall be administered in accordance with such professional standards as have
been adopted by the City.
6. Employees who are using any over - the - counter drugs or medications or any drugs
or medications lawfully prescribed by a physician must provide this information to the City
physician, and/or other City designated entity obtaining a sample at the time a sample is
provided.
7. Employees who refuse to comply with the provision of this Article, including but
not limited to refusing to report for drug or alcohol testing at the time and place directed or
providing an altered sample, will be subject to disciplinary action up to and including dismissal.
8. Employees may request Union representation during any of the testing
procedures, provided that the Union representative does not in any manner interfere with, or
delay, the testing procedures or jeopardize the security of the tests.
9. The City and the Union encourage employees to voluntarily enter a rehabilitation
program. The parties agree that the City has the sole authority to establish, maintain and /or
continue a City approved /sponsored rehabilitation program and that any approval for an
employee to enter any rehabilitation program may be limited by the City to one opportunity
during an employee's employment. An employee may be allowed to voluntarily enter City
approved/sponsored rehabilitation program, assuming that the employee has had no history of
substance influence or use and that no disciplinary action is pending (and further that the
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employee has done nothing for which he /she could be subject to disciplinary action) at the time
of such request.
10. If an employee is allowed to enter a City approved/sponsored rehabilitation
program in accordance with the preceding paragraph, then, upon successful completion of
rehabilitation (as determined by a City designated physician) the employee shall be returned to
his/her regular duty assignment or the equivalent thereof if cleared by the physician. If follow -
up care is prescribed after treatment, such may be imposed by the City as a condition of
continued employment.
11. Immediately upon an employee's discharge from a rehabilitation program, the
employee will provide the City with documentation of the follow -up care requirements as well as
permission for the City to ascertain whether the employee has been and /or is abiding by the
program requirements. Moreover, the parties agree that entry into such a rehabilitation program
shall be deemed to constitute reasonable suspicion that the employee has in his/her system or is
using controlled substances, narcotics, drugs or alcohol, and that, accordingly, the employee may
be subject to four (4) appropriate testing procedures, as required by management, for a period not
to exceed 12 months from the date that the employee returns to duty. Should an employee refuse
to submit to testing in accordance with the provisions of this paragraph, to voluntarily enter a
City approved/sponsored rehabilitation program, to successfully complete and otherwise comply
with the requirements of such program, to comply with the requirements of any follow -up care,
or, should the employee test positive for drugs, controlled substances, narcotics or alcohol during
the aforesaid 12 month period, the employee shall be immediately dismissed.
12. The City retains the absolute right to determine whether the specific
circumstances of positive test results warrant discharge or a lesser disciplinary action. The
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failure of the City to impose a particular disciplinary action in one situation will not prejudice the
City's right to impose such (or a different) disciplinary action in another situation. Similarly, the
failure of the City to extend an opportunity to enter a City approved/sponsored rehabilitation
program to an employee will not prejudice the City's right to extend an opportunity in another
situation.
13. Notwithstanding any other provision of this Article, the City reserves the right to
administer random drug testing unless such drug testing is declared unlawful under federal
and/or Florida law.
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ARTICLE 14
UNION BUSINESS
1. The President of the Local Union or his/her designee (alternate) shall represent
the Union. It shall be the responsibility of the Union to notify the City in writing of any change
of the designation of the President or his/her designee. (Neither the President nor his/her
designee will be recognized by the City unless the Fire Chief and the Human Resources Director
receives such written notification.)
2. It is the City's position that bargaining unit employees, Union officers, and Union
representatives shall be paid by the City only when they perform assigned fire and rescue duties
and/or work directed by the City. To the extent that these employees wish to perform Union
duties (such as negotiations, grievance processing, attending Union conventions, etc.) during
their normal work schedules, they may utilize annual leave or shift exchange; provided, however,
that they comply with the rules otherwise applicable to annual leave and shift exchanges.
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ARTICLE 15
BULLETIN BOARDS
1. The Union shall have the use of each bulletin board existing on the date of this
agreement; such use is not to exceed thirty six (36) inches by forty -eight (48) inches of the area
of each such bulletin board.
2. The Union may use the designated bulletin board(s) for posting notices of Union
meetings, notices of Union elections and results, minutes of Union meetings, copies of the
Union's constitution and by -laws and amendments thereto, notices of Union recreational, social,
and business functions, conventions, names of Union officials and changes thereto, copies of this
Agreement, and notices of dues increases.
3. The Union shall post no material which may be characterized as political (other
than internal Union elections), which may encourage insubordinate behavior, which would
impair the operations of the Fire Department, which is obscene, inflammatory, derogatory, or
demeaning of City or Departmental officials or operations. All materials posted on the Union
bulletin boards (or the alternate space provided on the Department's bulletin boards) will be
signed by the Union President, or other Union officer, or member of the Executive Board. A
copy of all materials to be posted shall be provided to the Fire Chief, the Deputy Fire Chief, or
their designee, prior to posting. Material not authorized by this Article may be removed by the
City.
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ARTICLE 16
DISTRIBUTION AND SOLICITATION
1. The Union, its members, agents or representatives, or any person or persons
acting on its behalf shall not engage in: (A) soliciting non -Unit employees of the City during
working hours; and (B) soliciting or distributing recruitment literature during working hours in
areas where the actual work of City employees is performed, such as offices, warehouses, fire or
police stations, and any similar public installations.
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ARTICLE 17
DUES DEDUCTIONS
1. Any member of the union, who has submitted a properly executed written dues
authorization card or statement to the City may have his/her dues in the union deducted from
his/her wages. Dues shall be deducted during the first and second pay period per month, and,
shall, thereafter, be transmitted to the union or its designated depository. The City, however,
shall have no responsibility or liability for the improper deduction of any dues. Further, the
union shall hold the City harmless for any errors in the administration of the dues deduction
system. It shall be the responsibility of the union 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 union fines, penalties, or non - uniform assessments from the wages
of any member.
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 Union.
3. When an employee quits, is discharged, or is laid off, any unpaid dues owed to the
union will be deducted from the employee's last paycheck.
4. The City may deduct from the payment made to the union 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.
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.
{OR847832;1 }
ARTICLE 18
WORKER'S COMPENSATION AND LIGHT DUTY
1. Compensation for employees injured on the job or in the course of performing
his/her official City duties shall be governed by the Florida Worker's Compensation Law and
applicable City and Departmental policies.
2. An employee injured on the job or in the course of performing his/her official
City duties may, in the City's discretion, be assigned to a temporary "light duty" assignment
subject to and in accordance with applicable City and Departmental policies. The phrase "light
duty" is defined within this Article as meaning that the employee was assigned to work at least a
40 hour work week.
3. The Departmental Light Duty policy written and effective in 2005 also is fully
applicable to all bargaining unit members.
4. If a bargaining unit member becomes pregnant, she shall immediately inform the
Fire Chief.
(a) The pregnant employee shall provide her job description to a physician of her
choice. The pregnant employee shall ensure that her physician informs the City of any basic job
duties which the pregnant employee cannot perform. The pregnant employee maintains the
burden, throughout her pregnancy, to ensure that her physician provides the City with updates on
the pregnant employee's medical condition and her ability to perform her basic job duties.
(b) The City shall review the medical information and determine whether the
pregnant employee can continue to perform shift work, with or without modification of her basic
job duties.
{OR847832;1 }
(c) If the City, in its discretion, determines that the pregnant employee cannot
perform shift work, the pregnant employee will be eligible for light duty assignment, as
determined by the City. The pregnant employee maintains the burden to inform her physician of
her job functions in her light duty assignment. The City will review any light duty restrictions
placed on the pregnant employee by her physician.
(d) The City has the discretion to determine that a pregnant employee is not eligible
for light duty assignment. In the event the City makes such a determination, the pregnant
employee can exercise all rights afforded her under the Family and Medical Leave Act (FMLA)
and in accordance with applicable City policy.
(e) In the event that a pregnant employee is assigned to light duty, the City has the
discretion (subject to City review of all medical information provided by the pregnant
employee's physician) to determine the amount of hours per week that the pregnant employee
shall work on light duty. The assignment of work hours for light duty assignment shall not
exceed 53 hours per week.
(f) In the event that the City exercises its discretion to place a pregnant employee on
light duty assignment, the City will allow the pregnant employee to work on a modified hourly
rate to enable her to receive her normal average bi- weekly income with no reduction in accrued
leave or benefits. This provision is not applicable once the pregnant employee is no longer on
light duty assignment.
(g) Upon notifying the Fire Chief of her pregnancy, the pregnant employee shall
provide her physician with a full release which authorizes her physician to release all medical
information to the City related to the employee's pregnancy.
{OR847832;1 }
ARTICLE 19
PROMOTIONS
1. Promotions to positions within the bargaining unit shall be made based upon
merit, as determined by the Fire Chief, which includes: qualifications, training, education,
knowledge, skills, abilities, job performance, work history, and disciplinary history, as well as
scoring on any written, oral or practical testing which may be given.
2. The Department will provide at least thirty (30) days written notice of any
promotional testing processes and the location of where the test will be administered.
3. The Department shall make available for a candidate a copy of all possible testing
sources that will be utilized as reference materials for testing purposes.
4. The Department will provide at least sixty (60) days written notice in the event
that it decides to change (from the previous promotional examination) reference materials to be
used for testing purposes.
5. In order to be an eligible candidate for promotion to Lieutenant, a bargaining unit
member must possess the following qualifications as of the date of the close of the promotion
application process:
(a) Five (5) years of pensionable service in firefighting and rescue work at the
Sanford Fire Department; and
(b) 30 credit hours from a college or university or State of Florida Fire Officer I
certification.
6. Any bargaining unit member who is promoted to Lieutenant shall receive a
minimum of a three (3) percent wage increase. Management shall have the discretion to give the
{OR847832;1 }
promoted bargaining unit member a wage increase greater than three (3) percent by slotting the
bargaining unit member into the Lieutenant's step plan as management deems appropriate.
{OR847832;1 }
ARTICLE 20
MILITARY DUTY
The City.shall continue in effect its existing practice with respect to military leave
for bargaining unit members who are serving in the armed forces, including the National Guard,
and who are required by such forces to attend duties which conflict with scheduled working time.
{OR847832;1}
ARTICLE 21
SEVERABILITY
1. If any provision of this Agreement is rendered or declared invalid by any Court
action or by reason of any existing or subsequently enacted legislation, the remaining provisions
of this Agreement shall remain in full force and effect for the term of this Agreement. In the
event any provision of this Agreement is lawfully declared invalid, the parties shall meet within a
reasonable period of time to attempt to negotiate a mutually satisfactory replacement provision.
The Union and the City agree to reopen any provision of this Agreement if there is federal or
state legislation enacted that adversely impacts the City's ability to pay wages or benefits
contained in this Agreement.
{OR847832;1 }
ARTICLE 22
WORK STOPPAGES
1. There shall be no strikes, lockouts, work stoppages, slowdowns, sick -outs,
picketing of the residence of public officials, or other job actions or refusal to perform assigned
work by the employees covered under this Agreement.
2. The parties agree that any employee who participates in or promotes any of the
aforementioned activities may be discharged or otherwise disciplined by the City. Nothing
herein shall restrict the City from levying different disciplinary actions against different
employees based on their involvement in activities prohibited hereunder.
3. The Union recognizes that the City and the employees covered hereunder are
responsible for and engaged in activities which are the basis of the health and welfare of the
City's citizens and that, therefore, any violation of this Article would give rise to irreparable
damage to the City and the public at large. For the purpose of this Article, it is agreed that the
Union shall be responsible and liable for any act by its agents, representatives, and /or officers,
which act constitutes a violation of this Article, unless the Union has publicly disavowed such
action and publicly demands its cessation.
{OR847832;1 }
ARTICLE 23
WAGES
1. Effective the first full payroll period of fiscal year 2006/2007, the City will
implement the attached (Exhibit A) step plan for the Firefighter /EMT /Engineers and
Firefighter /Paramedics and increase the pay plan by 3% for fiscal year 2007/2008 and 2008/2009
as set forth in Exhibit A.
2. Effective the first full payroll period of fiscal year 2006/2007, each
Firefighter /EMT /Engineer and Firefighter /Paramedic will be assigned to the appropriate step
over this 3 year agreement as set forth in Exhibit B.
3. Any new Firefighter /EMT /Engineers and Firefighter /Paramedics that are not
referenced in Exhibit B shall receive no step increase in fiscal year 2006/2007.
4. Effective the first payroll period of fiscal year 2007/2008, any new
Firefighter /EMT /Engineers and Firefighter /Paramedics that are not referenced in Exhibit B shall
receive no step increase for less than six months of tenure with the Sanford Fire Department and
a one step for six months to one year of service with the Sanford Fire Department.
5. Effective the first payroll period of fiscal year 2008/2009, any new
Firefighter /EMT /Engineers and Firefighter /Paramedics that are not referenced in Exhibit B shall
receive no step increase for less than six months of tenure with the Sanford Fire Department, a
one step for six months to one year of service with the Sanford Fire Department, and a two step
increase for greater than one year of service with the Sanford Fire Department.
6. In addition to the rates of pay set forth in Exhibit A, the City agrees to pay those
employees currently certified by the State of Florida as Paramedics and cleared to practice within
{OR847832;1 }
Seminole County by the Medical Director a $6,600.00 ( "Paramedic Incentive ") per year during
fiscal year 2006/2007, $7,100 during fiscal year 2007/2008, and $7,600 during fiscal year
2008/2009. This amount shall not be used to determine a bargaining unit employee's slotting
within the step plan, as set forth in Exhibit A or Exhibit B. However, while the "Paramedic
Incentive" is not included in the base pay for the grade and step in the salary classification pay,
the "Paramedic Incentive" shall be included in the base pay and shall be counted as
compensation for retirement purposes.
7. During the length of this Agreement, no bargaining unit member shall exceed the
maximum pay range in his/her assigned classification. Incentive pay (any) is not included for the
purpose of determining whether a bargaining unit employee exceeds the pay range maximum.
8. Management shall give any bargaining unit employee written notice that he /she is
not performing at a "Meets Standards" level. Management shall give this written notice to the
bargaining unit member no later than three months prior to the end of the fiscal year. If the
bargaining unit employee does not improve to at least a "Meets Standards" level by the end of
the fiscal year, the bargaining unit employee shall not be entitled to receive a two step increase.
If the bargaining unit employee receives an overall rating of "Below Standard" on the annual
evaluation, he /she shall not receive any step increase for the following fiscal year. If the
bargaining unit employee receives an overall rating of "Requires Improvement" on the annual
evaluation, he /she shall receive a one step increase for the following fiscal year. If any
bargaining unit employee does not qualify for the two step increase, management shall perform
subsequent evaluations at three month intervals until such point that the employee's evaluation
improves. Management shall authorize such a bargaining unit employee, who improved his/her
{OR847832;1}
performance to a "Meets Standards" level, to receive part or all of the two step increase. Any
adjustments will not be retroactive.
9. The wages and step plan set forth in this Article shall automatically expire on
September 30, 2009, and any wage increases after September 30, 2009, shall be negotiated
between the City and the Union.
{OR847832;1 }
EXHIBIT A
Firefighter
pay scales
step
2007
-
2008
2009
annual
hourly
annual
hourly
annual
hourly
1
33664
11.0992
34674
11.4322
35714
11.7752
2
34203
11.2768
35229
11.6151
36286
11.9636
3
34750
11.4573
35792
11.8010
36866
12.1550
4
35306
11.6406
36365
11.9898
37456
12.3495
5
35871
11.8268
36947
12.1816
38055
12.5471
6
36445
12.0161
37538
12.3765
38664
12.7478
7
37028
12.2083
38139
12.5746
39283
12.9518
8
37620
12.4036
38749
12.7758
39911
13.1590
9
38222
12.6021
39369
12.9802
40550
13.3696
10
38834
12.8037
39999
13.1878
41199
13.5835
11
39455
13.0086
40639
13.3989
41858
13.8008
12
40086
13.2167
41289
13.6132
42528
14.0216
13
40728
13.4282
41950
13.8310
43208
14.2460
14
41379
13.6431
42621
14.0523
43899
14.4739
15
42041
13.8613
43303
14.2772
44602
14.7055
16
42714
14.0831
43996
14.5056
45315
14.9408
17
43398
14.3085
44699
14.7377
46040
15.1798
18
44092
14.5374
45415
14.9735
46777
15.4227
19
44797
14.7700
46141
15.2131
47526
15.6695
20
45514
15.0063
46880
15.4565
48286
15.9202
21
46242
15.2464
47630
15.7038
49059
16.1749
22
46982
15.4903
48392
15.9551
49843
16.4337
23
47734
15.7382
49166
16.2103
50641
16.6966
24
48498
15.9900
49953
16.4697
51451
16.9638
25
49274
16.2458
50752
16.7332
52274
17.2352
26
50062
16.5058
51564
17.0010
53111
17.5110
27
50863
16.7699
52389
17.2730
53961
17.7912
28
51677
17.0382
53227
17.5493
54824
18.0758
(1.6% steps)
Paramedic pay scales
step
2007
2008
2009
annual hourly
annual
hourly
annual
hourly
1
34750
11.4573
35793
11.8010
36866
12.1551
2
35306
11.6406
36365
11.9898
37456
12.3495
3
35871
11.8269
36947
12.1817
38055
12.5471
4
36445
12.0161
37538
12.3766
38664
12.7479
5
37028
12.2084
38139
12.5746
39283
12.9518
6
37620
12.4037
38749
12.7758
39911
13.1591
7
38222
12.6022
39369
12.9802
40550
13.3696
8
38834
12.8038
39999
13.1879
41199
13.5835
9
39455
13.0086
40639
13.3989
41858
13.8009
10
40087
13.2168
41289
13.6133
42528
14.0217
11
40728
13.4283
41950
13.8311
43208
14.2460
12
41380
13.6431
42621
14.0524
43900
14.4740
13
42042
13.8614
43303
14.2772
44602
14.7056
14
42714
14.0832
43996
14.5057
45316
14.9408
15
43398
14.3085
44700
14.7378
46041
15.1799
16
44092
14.5374
45415
14.9736
46777
15.4228
17
44798
14.7700
46141
15.2131
47526
15.6695
18
45514
15.0064
46880
15.4566
48286
15.9202
19
46243
15.2465
47630
15.7039
49059
16.1750
20
46982
15.4904
48392
15.9551
49844
16.4338
21
47734
15.7383
49166
16.2104
50641
16.6967
22
48498
15.9901
49953
16.4698
51451
16.9639
23
49274
16.2459
50752
16.7333
52275
17.2353
24
50062
16.5058
51564
17.0010
53111
17.5110
25
50863
16.7699
52389
17.2730
53961
17.7912
26
51677
17.0383
53227
17.5494
54824
18.0759
27
52504
17.3109
54079
17.8302
55701
18.3651
28
53344
17.5878
54944
18.1155
56593
18.6589
(1.6% steps)
Lieutenant pay scales
step
2007
2008
2009
annual
hourly
annual
hourly
annual
hourly
1
44097
14.53907
45420
14.9752
46783
15.4245
2
44736
14.74989
46078
15.1924
47461
15.6482
3
45385
14.96376
46747
15.4127
48149
15.8751
4
46043
15.18073
47424
15.6362
48847
16.1052
5
46711
15.40086
48112
15.8629
49555
16.3388
6
47388
15.62417
48810
16.0929
50274
16.5757
7
48075
15.85072
49517
16.3262
51003
16.8160
8
48772
16.08055
50235
16.5630
51743
17.0599
9
49480
16.31372
50964
16.8031
52493
17.3072
10
50197
16.55027
51703
17.0468
53254
17.5582
11
50925
16.79025
52453
17.2940
54026
17.8128
12
51663
17.03371
53213
17.5447
54810
18.0711
13
52412
17.2807
53985
17.7991
55604
18.3331
14
53172
17.53127
54768
18.0572
56411
18.5989
15
53943
17.78547
55562
18.3190
57228
18.8686
16
54726
18.04336
56367
18.5847
58058
19.1422
17
55519
18.30499
57185
18.8541
58900
19.4198
18
56324
18.57041
58014
19.1275
59754
19.7013
19
57141
18.83968
58855
19.4049
60621
19.9870
20
57969
19.11286
59708
19.6862
61500
20.2768
21
58810
19.38999
60574
19.9717
62391
20.5708
22
59663
19.67115
61452
20.2613
63296
20.8691
23
60528
19.95638
62344
20.5551
64214
21.1717
24
61405
20.24575
63248
20.8531
65145
21.4787
25
62296
20.53931
64165
21.1555
66090
21.7902
26
63199
20.83713
65095
21.4622
67048
22.1061
27
64115
21.13927
66039
21.7734
68020
22.4267
28
65045
21.44579
66996
22.0892
69006
22.7518
(1.45% steps)
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ARTICLE 24
HOURS OF WORK AND OVERTIME
1. Bargaining unit employees shall be assigned to twenty -four hour shifts.
2. The current Department practice (as of September 30, 2006) regarding the
calculation of overtime hours for bargaining unit employees shall remain in effect for the term of
this Agreement.
3. The current Department practice (as of September 30, 2006) regarding the
selection of bargaining unit employees to work overtime shall remain in effect for the term of
this Agreement.
(OR847832;1)
ARTICLE 25
CALL BACK PAY
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) and (c) below, any employee who is off-
duty and required to return to work on an unscheduled basis shall be eligible for
call -back pay.
(b) 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.
(c) 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.
(d) Any employee eligible for call -back pay shall be paid for the actual hours worked,
with the minimum guarantee of four (4) 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.
{OR847832;1 }
ARTICLE 26
WORKING OUT OF CLASSIFICATION
1. In the event that a bargaining unit member is assigned to work out of
classification for at least 144 hours during any fiscal year of this Agreement, the bargaining unit
member shall be entitled to receive, in addition to the normal rate of pay previously received,
$1.50 /per hour for the actual time worked out of classification during said fiscal year.
2. A bargaining unit member cannot carry over any hours worked out of
classification from one fiscal year to another.
3. Any bargaining unit member who qualifies for wages pursuant to this Article shall
receive a lump sum payment at the end of the applicable fiscal year.
{OR847832;1 }
ARTICLE 27
PRECEPTOR PAY
1. Paramedic preceptors shall be entitled to receive $1.50 /per hour additional
compensation for each hour of preceptor duties actually worked. The Fire Chief or his designee
shall retain the ultimate discretion to determine all time which qualifies for preceptor pay.
2. A bargaining unit member cannot carry over any preceptor pay hours from one
fiscal year to another.
3. Any bargaining unit member who qualifies for preceptor pay pursuant to this
Article shall receive a lump sum payment at the end of the applicable fiscal year.
{OR847832;1}
ARTICLE 28
EDUCATION INCENTIVE
1. Bargaining unit members are entitled to receive an Education Incentive as set
forth below:
A. Associate of Arts (AA) or Associate of Science (AS) degree = $500.00; or
B. Bachelor of Science Degree (BS) = $1,000.00; or
C. Masters Degree = $1,500.00.
2. Bargaining unit members shall only receive Education Incentive for the highest
amount applicable for their individual level of education. For example, a bargaining unit
member who possesses a Bachelor of Science degree is eligible to receive a $1,000.00 Education
Incentive and not the cumulative amount of $1,500.00 ($500.00 AS degree + $1,000.00 BS
degree). The maximum amount of Education Incentive for each bargaining unit member shall be
capped at $1,500.00.
3. Even though the Education Incentive is not included in the base pay for the grade
and step in the salary classification pay, the Education Incentive shall be counted as
compensation for retirement purposes.
{OR847832;1 }
ARTICLE 29
RETIREMENT BENEFITS
1. The City shall continue to provide the employees covered hereunder with
retirement benefits pursuant to the City's retirement program. The City will abide by all
ordinances and statutes governing the City's retirement program.
{OR847832;1 }
ARTICLE 30
PAID TIME OFF
1. Effective the last pay period ending in December, 2006, all vacation and
personal hours accrued to that point will be converted to paid time off (PTO) hours at a one to
one ratio.
2. Effective the pay period beginning December 30, 2006, all bargaining unit
employees shall no longer accrue vacation, sick or personal time.
3. Effective the pay period beginning December 30, 2006, all paid time off by
bargaining unit employees will utilize PTO whether scheduled or unscheduled notwithstanding
Article 33.
4. Effective January 1, 2007, all bargaining unit employees shall begin
accruing personal time off (PTO) on a monthly basis at the following rate based upon the years
of service with the Sanford Fire Department. Zero through ten (0 -10) years of service will
accrue twenty -four hours of PTO per month. Eleven through fifteen (11 -15) years of service will
accrue twenty -six hours of PTO per month. Sixteen through twenty (16 -20) years of service will
accrue twenty -eight hours of PTO per month. Twenty -one years of service or more will accrue
thirty hours of PTO per month.
5. The maximum payout of PTO at retirement or resignation, in
accordance with the vacation pay out provisions of the City of Sanford Personnel Rules and
Regulations in effect on the effective date of this Agreement, will be 500 hours.
6. Beginning the end of fiscal year 2007/2008, and occurring on an annual basis
{OR847832;1 }
at the end of each fiscal year, PTO hours will be reviewed. Upon review, the maximum PTO
accrual allowed by any bargaining unit employee will be 720 hours and any PTO hours above
that will be removed from those employees' accruals on the next normal business day.
7. In the event that scheduled time off is cancelled due to an unplanned
significant event as declared by the City, then the City agrees to extend the PTO accrual review
deadline, referenced in paragraph 6, to three times that of the actual event.
8. Effective January 1, 2007, each bargaining unit employee may donate up
to 24 PTO hours in accordance with the sick leave donation provisions of the City of Sanford
Personnel Rules and Regulations in effect on the effective date of this Agreement.
9. Effective January 22, 2007, a Kelly day program will begin. Any
bargaining unit employee who has three or more years of service with the Sanford Fire
Department shall receive ten paid 24 hour shifts ( "Kelly days ") off per year. Any employee who
has less than three years of service with the Sanford Fire Department shall receive five 24 hour
shifts ( "Kelly days ") off per year. Any newly hired employees will be assigned to the Kelly shift
schedule and begin their scheduled Kelly days from that point in the schedule receiving only the
remaining Kelly days for that fiscal year schedule. The schedule assignment and the conditions
of the rotation list shall be approved by the Chief. A Kelly day is defined as a management
scheduled paid leave of 24 hours under current practices.
{OR847832;1 }
ARTICLE 31
HEALTH AND WELLNESS PROGRAM
It is agreed and understood that the City and the Union are currently
working together to develop a mandatory wellness program. Upon completion and agreement
of such a program, elements of its provisions shall be added to this Article.
{OR847832;1 }
ARTICLE 32
HOLIDAYS
1. Any bargaining unit employee who works on the shift commencing at
08:00 a.m. on any Thanksgiving, Friday following Thanksgiving, Christmas Eve, Christmas,
New Years Day, Martin Luther King Day, Memorial Day, Independence Day and Labor Day
during this Agreement shall qualify for holiday pay for the holiday actually worked. In addition
to the amount of pay typically to be received for working that shift, a bargaining unit employee
shall receive an additional amount of 1 /2 their normal rate of pay for all hours actually worked on
the above holidays between 08:00 a.m. and midnight (a maximum of 16 hours at an additional %2
times normal rate of pay).
{OR847832;1 }
ARTICLE 33
SICK LEAVE
1. Effective December 31, 2006, each bargaining unit member's sick time
hours will be frozen at the current number of hours accrued.
2. Effective January 1, 2007, any bargaining unit member retiring under the
guidelines for retirement in accordance with the retirement provisions of the City of Sanford
Personnel Rules and Regulations in effect on the effective date of this Agreement shall receive
up to 1009 hours of their accrued frozen sick time paid out at that employee's rate of pay as of
September 29, 2006.
3. The City may, at any time, pay out bargaining unit employees' sick time
accruals of up to 1009 hours at that bargaining unit member's September 29, 2006 rate of pay
before retirement.
4. Effective January 1, 2007, bargaining unit employees may utilize their
accrued frozen sick time for unscheduled sick time beyond 48 hours of concurrent sick absence.
The first 48 hours of each such instance would remain PTO, compensation time or leave without
pay.
5. Effective no later than April 1, 2007, bargaining unit employees shall
receive a short term disability benefit, for the term of this contract, which will provide for 150
calendar days of 60% of salary up to a maximum of $800 per week to begin after a 30 calendar
day elimination period has been reached. This benefit is subject to the terms and conditions
presented by the private carrier.
{OR847832;1 }
ARTICLE 34
BEREAVEMENT
1. Employees covered hereunder shall be entitled to receive two consecutive shifts
with pay for bereavement leave for the death of an immediate family member, as defined by the
City of Sanford Personnel Rules and Regulations. The employee's time off from work because
of a death in the family must actually be taken immediately following the death in order to
receive payment.
2. In case of death of other relatives, as defined in the City of Sanford Personnel
Rules and Regulations, employees may request one shift with pay for bereavement leave. The
Fire Chief, or his designee may exercise his discretion to grant or deny a bereavement leave
request for other relatives.
3. The Fire Chief, or his designee, may exercise his discretion to grant or deny a
request of a bargaining unit member to use additional accrued leave time consecutively to the use
of bereavement leave.
{OR847832;1 }
ARTICLE 35
LEAVES OF ABSENCE WITHOUT PAY
1. The Fire Chief, in his discretion, may approve a written request for a leave of
absence. The decision of the Fire Chief shall be final and binding on the employee and shall not
be subject to the grievance procedure or any other form of appeal.
{OR847832;1 }
ARTICLE 36
RECERTIFICATION
1. It is agreed and understood that compliance with state recertification requirements
is the responsibility of the individual employees covered hereunder. To the extent feasible, the
Department will make a good -faith effort to make appropriate recertification courses available
during normal duty hours at Departmental facilities.
{OR847832;1 }
ARTICLE 37
TOBACCO USE
It is understood that smoking and/or the use of any and all tobacco products is a known
hazard to the health of employees, including members of the bargaining unit. The purpose of
this article is to reduce the number of health insurance claims related to the use of tobacco
products. It is agreed that the following policy regarding the use of tobacco products shall be
adhered to:
1. Smoking and the use of tobacco products is prohibited when in contact with, or in
the view of, the general public;
2. Smoking and the use of tobacco products is prohibited in all fire /rescue vehicles,
and in areas of the fire department;
3. All employees hired after February 1, 2001, will abstain from the use of tobacco
and tobacco products both on -duty and off -duty.
{OR847832;1}
ARTICLE 38
ENGINEER INCENTIVE
1. Effective October 1, 2007, engineer incentive pay in the amount of $38.50
per two week pay period shall be paid to all bargaining unit employees who successfully
complete an engineer program that is to be developed by the department's SOP committee and
approved by the Chief.
2. Effective October 1, 2008, and each October thereafter, bargaining unit
employees who have successfully completed the engineer program must pass a recertification
test, to be developed by the department's SOP committee and approved by the Chief, to continue
to receive the engineer incentive pay in the amount of $38.50 per two week pay period.
3. This additional amount shall not be used to determine a bargaining unit
employee's slotting within the step plan, as set forth in Exhibit A or Exhibit B. However, while
the "Engineer Incentive" is not included in the base pay for the grade and step in the salary
classification pay, the "Engineer Incentive" shall be included in the base pay and shall be
counted as compensation for retirement purposes.
{OR847832;1 }
ARTICLE 39
SPECIALTY PAY
1. Effective October 1, 2007, specialty pay in the amount of $29 per two
week pay period shall be paid to all bargaining unit employees who successfully complete the
five Operational Level Courses of: Rope Rescue, Trench Rescue, Confined Space Rescue,
Vehicle & Machinery Rescue, and Emergency Building Shoring or Structural Collapse.
2. Effective October 1, 2007, additional specialty pay in the amount of $29
per two week pay period shall be paid to all bargaining unit employees who successfully
complete the four Technical Level Courses of: Rope Rescue, Trench Rescue, Confined Space
Rescue, and Vehicle & Machinery Rescue.
3. This additional amount shall not be used to determine a bargaining unit
employee's slotting within the step plan, as set forth in Exhibit A or Exhibit B. However, while
the "Specialty Pay" is not included in the base pay for the grade and step in the salary
classification pay, the "Specialty Pay" shall be included in the base pay and shall be counted as
compensation for retirement purposes.
{OR847832;1 }
ARTICLE 40
457 DEFERRED COMPENSATION PLAN
1. Effective March 1, 2007, bargaining unit employees of local IAFF
3966 shall be afforded the opportunity to enter a retirement program governed by the Internal
Revenue Code 457. It is however understood the City will make available the IAFF Financial
Corporation 457 Plan as either the sole option, or one of the options that bargaining unit
employees may participate in. Bargaining unit employees will be entitled to transfer 457 plan
assets to the plan of choice without penalty from the City.
{OR847832;1}
ARTICLE 41 _
ENTIRE AGREEMENT/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. Either the City or the Union may give written notice at least ninety (90) days prior
to the termination date of this Agreement of its desire to negotiate a new contract. Following
receipt of such notice, unless there is mutual agreement to the contrary, the City and the Union
shall commence negotiations.
3. This Agreement shall become effective upon ratification by the bargaining unit
members and approval by the City Commission and shall expire on September 30, 2009.
4. The wages and step plans set forth in Article 23 shall automatically expire on
September 30, 2009. Any wage increases after September 30, 2009, shall be negotiated between
the City and the Union.
5.
Prior to the expiration of this Agreement,
the parties may, by mutual
written
agreement,
reopen any article of this Agreement. In
order to invoke this clause
of the
Agreement, the Union President and the City Manager must both sign a mutual agreement that a
specific article of this Agreement is to be reopened.
{OR847832;1 }
SANFORD PROFESSIONAL FIREFIGHTERS
LOCAL 3996, IAFF
Date:
rt/
CITY OF SANFORD
l
By —
Date:
{OR847832;1 }