2016-2019 PBA Contract: Officers and Sergeants (2) FLORIDA STATE LODGE
FRATERNAL ORDER OF
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SANFORD POLICE
Officers and Sergeants
SANFORD
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FLORIDA
CONTRACT 2016-2019
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
12 Disciplinary Action 17
13 Grievance and Arbitration 20
14 Workweek and Overtime 24
15 Uniforms and Equipment 25
16 Physical Fitness 26
17 Working Out of Classification 28
18 Publication of Agreement 20
19 Safety 30
20 Promotions 31
21 General Provisions 34
22 Retirement Benefits 36
23 Family Leave 37
24 Legal Benefits 38
25 Workers Compensation Benefits 39
26 Job Descriptions 40
27 Educational Reimbursement 41
28 Seniority 42
29 Call-Back, Standby and Court Time 43
30 Prevailing Rights 45
31 Severability 46
32 Vacation 47
33 Holidays 48
34. Sick Leave 49
35 Bereavement 50
36 Insurance 51
37 Wages 52
38 Special Assignment 53
39 Duration 54
PREAMBLE
This Agreement is entered into between the City of Sanford, hereinafter referred to as the
"City," and Florida State Lodge Fraternal Order of Police, Inc., hereinafter referred to as'
the "FOP."
ARTICLE 1
RECOGNITION
Section 1. The City hereby recognizes the Florida State Lodge Fraternal Order of Police,
Inc., as the exclusive representative for the purpose of collective bargaining with respect to
wages, hours and terms and conditions of employment for all employees in the bargaining
unit.
Section 2. The City recognizes the FOP as the exclusive bargaining agent for all
employees in the classification included in the applicable PERC Certification, Certification
Number 1725, and as a result thereof, the City recognizes the FOP as the exclusive
collective bargaining representative for the following bargaining unit:
INCLUDED:
All Police Officers and Police Sergeants (except those specifically excluded).
EXCLUDED:
Police Chief, Deputy Police Chief, Captains, Lieutenants, and Police Sergeants or
Police Officers assigned to the Professional Standards Unit, and all other
employees of the City of Sanford.
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ARTICLE 2
MANAGEMENT RIGHTS
Section 1. Except as specifically and expressly abridged, limited or modified by the written
terms of this Agreement, all of the rights, powers and authority previously possessed or
enjoyed by the City of Sanford prior to this Agreement are retained by the City, and may be
exercised without prior notice or consultation with the FOP.
Section 2. Nothing in this Agreement shall be construed so as to limit or impair the right of
the City to exercise its sole and exclusive discretion and authority on all of the following
matters:
(a) To manage the Police Department and exercise sole and exclusive control and
discretion over the organization and operations thereof.
(b) To determine the purpose and functions of the Police Department.
(c) To determine and adopt such policies and programs, standards, rules and
regulations as are deemed by the City and the Department to be necessary for the
operation/improvement of the Police Department, and to select, manage, direct,
and evaluate all management, supervisory, administrative and other personnel.
(d) To take such measures as the City may determine to be necessary to maintain
order and efficiency relative to both the work force and the operations/services to
be rendered thereby.
(e) To set methods, means of operations and standards of service to be offered by the
Police Department, and to contract such operations/services to the extent deemed
necessary, practical and feasible by the City in its sole discretion.
(f) To decide the number, location, design and maintenance of the Police
Department's facilities, supplies and equipment. To relocate, remodel or otherwise
revise operations and facilities as may be deemed necessary by the City.
(g) To determine the qualifications of all employees of the Police Department. To
select, examine, hire, classify, reclassify, train, assign, schedule, direct, transfer,
promote, demote, discipline, discharge, lay off, retain and manage all employees of
the Department in accordance with city and department policy and procedures and
Human Resources Manual section 2.71 and FS 447. Routine schedule changes
will normally be given with minimum 7 day notice. The City in its sole discretion
may give less than a 7 day notice for police operational necessity.
(h) To increase, reduce, change, modify or alter the size and composition of the work
force.
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(i) To determine the extent of its operations, to determine when any part of the
complete operation shall function or be halted, and to determine when, where, and
to what extent operations/services shall be increased or decreased.
Q) To establish, change or modify employees' duties, tasks, responsibilities or
requirements.
(k) To make, issue, publish, enforce and modify policies, procedures, rules and
regulations as the City may from time to time deem best.
All other rights to manage the Police Department and the operations, functions, and
purposes thereof, which are not recited in or expressly limited by this Agreement, are
reserved exclusively to the City.
Section 3. If, in the sole discretion of the City, it is determined that civil emergency
conditions exist, including, but not limited to, riots, civil disorders, hurricane/tornado condi-
tions, epidemics, public employee strikes or similar catastrophe, the provisions of this
Agreement may be suspended by the City during the time of such declared emergency
(except for payment of wages and benefits hereunder).
Section 4. All applicable General Laws of the State of Florida, the City Charter, City
Ordinances, and those City Personnel Rules and Policies and Departmental Rules and
Policies incorporated herein by reference shall be supreme to this Agreement in all matters
pertaining to or resulting from any negotiations in such areas of discretion as the City's
mission, budget, obligation to its citizens, organization, assignment of personnel, tasks,
duties, responsibilities, or the technology required to perform work.
Section 5. The City has the sole, exclusive right to direct managerial, supervisory,
administrative personnel and any employee covered by this Agreement, to perform any
task in connection with the operation of the Police Department, whether or not normally
performed by the employees within the bargaining unit.
Section 6. The selection and assignment of non-bargaining unit supervisory and
managerial personnel are the sole responsibility of management, and shall not be subject
to the grievance and arbitration procedures provided in this Agreement.
Section 7. The FOP recognizes that the City and the Police Department are obligated to
comply with all federal, state and local laws, ordinances, regulations, directives, and
guidelines, including such matters as affirmative action and equal employment opportunity,
and the FOP shall cooperate and do all things necessary to facilitate compliance with said
laws.
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Section 8. The City shall have the right, during the term of this Agreement, to suspend in
whole or in part or to terminate selected services/operations permanently.
Section 9. Except as otherwise expressly provided in this Agreement, any written rule,
regulation, policy or procedure affecting employees of the bargaining unit in effect prior to,
as well as those issued after, the effective date of this Agreement, shall remain and be in
full force and effect unless changed, modified or deleted by the City. Final authorities to
change, modify, or delete any rule; regulation, policy or procedure rests with the City.
Section 10. In recognition of the management rights set forth above, the FOP agrees that
the City is under no obligation to bargain with respect to the foregoing enumerated
management rights during the life of this Agreement. However, the exercise of such
management rights shall not preclude employees or the FOP from raising grievances
should decisions on the above-management rights allegedly violate the terms and
conditions of this Agreement.
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ARTICLE 3
NO-SMOKING POLICY
Section 1. The use of tobacco products at Sanford Police facilities is permitted only in the
designated smoking area outside the police department building.
Section 2. Police department personnel shall not use any tobacco products or smokeless
cigarettes (E-CIG) or any other similar paraphernalia at any time while conducting police
department business, operating a city vehicle or while in contact with any member of the
public during a police department operation or assignment.
Section 3. Use of tobacco products is permitted during authorized breaks or meal periods.
Personnel shall use discretion so as not to offend any member of the public.
Section 4.All tobacco waste products such as cigarette butts and used smokeless tobacco
shall be disposed of in a lawful, healthy, clean and safe manner.
Section 5. All police officers hired after February 1, 2001, are subject to City of Sanford
Personnel Rules & Regulation, Section 21, Tobacco abstention for Police and Fire
Applicants/New Hires.
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ARTICLE 4
DUES DEDUCTION
Section 1. Any member of the FOP, who has submitted a properly executed written dues
authorization form (see attached Dues and Cancellation Form)to the City may have his/her
dues in the FOP deducted from his/her wages. Dues shall be deducted on a monthly
basis, and, shall, thereafter, be transmitted to the FOP or its designated depository sent to
242 Office Plaza, Tallahassee, FL 32301. The City, however, shall have no responsibility
or liability for the improper deduction of any dues. Further, the FOP shall hold the City
harmless for any errors in the administration of the dues deduction system. It shall be the
responsibility of the FOP to notify the City of any change in the amount of dues to be
deducted at least 60 days in advance of said change. Under no circumstances shall the
City be required to deduct FOP fines, penalties, or non-uniform assessments from the
wages of any member.
Section 2. Any authorization for dues deduction may be canceled by the employee upon
thirty (30) days written notice to the City with a copy to the FOP. (see attached Dues and
Cancellation Form)
Section 3. When an employee quits, is discharged, or is laid off, any unpaid dues owed to
the FOP will be deducted from the employee's last paycheck.
Section 4. The City may deduct from the payment made to the FOP the following
expenses of administering the bookkeeping system related to the retention and transmittal
of funds:
(a) Thirty-five cents ($.35) per employee for each new enrollment.
Section 5. No deduction shall be made from the pay of an employee during any payroll
period in which the employee's net earnings for the payroll period are less than the amount
of dues to be paid.
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ARTICLE 5
WORK STOPPAGES
Section 1. The FOP, its officers, representatives, agents or members covered by this
Agreement shall not engage in, instigate, or support any strike, work stoppage, slowdown,
or picketing in furtherance of any strike or work stoppage, slowdown or refusal to perform
assigned work. Picketing as used herein shall mean any action that prevents any
employee of the City from reporting to or continuing work or prevents the public from
entering any City facility. Picketing for purely informational purposes shall not be
prohibited.
Section 2. Recognizing that Florida law prohibits the activities enumerated in Section 1
above, the parties agree that the City shall retain the right to discipline or discharge any
employee participating in or promoting any of the aforementioned prohibited activities.
Section 3. It is recognized by the parties that the activities enumerated in paragraph 1 are
contrary to the ideals of professionalism and to the Department's community responsibility.
Accordingly, it is agreed that in the event of any violation of this Article, the City shall be
entitled to seek legal and/or equitable relief in any court of competent jurisdiction.
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ARTICLE 6
STEWARDS AND FOP BUSINESS
Section 1. The FOP shall be permitted to have one (1) Union Steward, one (1) Alternate
Steward, and one (1) Acting Alternate Steward and the State FOP Representative. The
FOP shall provide written notification to the Chief of Police and the Human Resources
Director of the names of the employees designated as the Union Steward, the Alternate
Steward, and the Acting Alternate Steward. In the event the Union Steward is on vacation
or is otherwise absent from work, the Alternate Steward may act as the Union Steward.
The Acting Alternate Steward, however, shall act for the Alternate Steward only in those
circumstances set forth in Section 5 below.
Section 2. The Union Steward shall have a total of ten (10) days off annually(without pay)
to attend official FOP functions such as conferences, seminars or other functions not
included or addresses in Article 10, such as grievance or disciplinary hearings; provided,
however, that the Union Steward must strictly comply with the following:
a) The Union Steward must provide the Chief of Police with a written request for the
day off at least 30 (thirty) calendar days in advance
b) Approval of the request would cause no staffing problems or cause the Department
to incur additional expense.
c) The Police Chief or his designee may approve or disapprove each request in
writing.
d) If the Union Steward cannot attend a particular FOP function due to illness, injury, or
the need to participate in Departmental assignment or training, the alternate may
attend if he/she strictly complies with this Section; provided that any time off taken
by the alternate shall be charged to the ten (10) day total available to the Union
Steward.
e) Upon the alternate Steward's compliance with all of the requirements of Sections
2(a), (b), and (c) above, the Police Chief may, in his discretion, permit the alternate
Steward to attend a particular FOP function with the Union Steward; provided that
any time off taken by the alternate Steward shall be charged to the ten (10)-day total
available to the Union Steward.
Section 3. Upon request, the Union Steward may obtain a copy of the agenda from the
City Clerk in advance of every City Commission meeting.
Section 4. Upon the approval of the Police Chief or his designee, the Union Steward, the
State FOP Representative or the alternate shall be permitted a reasonable period of time
within which to meet with the Police Chief, the Personnel Director, or any Departmental
management official concerning a formal grievance or other matter of interpretation of this
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Agreement. Under no circumstances shall the exercise of this right by the Union Steward
or alternate interfere with his/her duties or the duties of any other bargaining unit employee.
Section 5. If both the Union Steward and the Alternate Steward are on vacation or
otherwise absent from work, the Acting Alternate Steward (subject to the limitations
thereunder) may perform the duties set forth in Section 4 above. Sections 2 and 3 of this
Article shall not apply to Acting Alternate Stewards.
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ARTICLE 7
NON-DISCRIMINATION
Section 1. Neither the FOP nor the City shall unlawfully discriminate against any employee
on the basis of race, color, religion, age, sex, disability, marital status, political affiliation,
national origin, or union membership or non-membership. The use in this Agreement of
the designation "he" in referring to an employee shall mean "he" or"she" wherever used.
Section 2. Nothing contained in this Article or elsewhere in this Agreement shall restrict the
City or any employee from taking any lawful action to implement equal employment
opportunity and affirmative action.
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ARTICLE 8
BULLETIN BOARDS
Section 1. The City shall permit the FOP exclusive use of the existing bulletin board
located on the south wall in the first floor break room. The FOP shall utilize the bulletin
board for the posting of FOP business and information, as follows:
a) Notice of Union meetings.
b) Notice of Union elections and results.
c) Copies of the Union's constitution and bylaws and amendments thereto.
d) Notice of FOP recreational and social affairs.
e) Copy of this Agreement.
f) Minutes of Union meetings.
g) Names of FOP officials and changes thereto.
h) Notice of dues increases.
Section 2. The FOP shall post no material on its bulletin board which may be
characterized as political (other than FOP local or state elections), which may encourage
insubordinate behavior or which is derogatory or demeaning of City or police department
officials or operations. The FOP shall cause all materials to bear the name or initials of the
FOP official who authorized the posting. A copy of all materials to be posted shall be
provided to the Chief of Police or his designee prior to posting. Materials which violate the
provisions of this Article shall not be posted and may be removed by the Chief of Police.
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ARTICLE 9
LABOR-MANAGEMENT COMMITTEE
Section 1. There shall be a Labor-Management Committee that shall consist of three (3)
members who shall be designated in writing by the FOP and three (3) members who shall
be designated by the City.
Section 2. The Labor-Management Committee shall meet on a quarterly basis on dates
mutually agreed upon by the participants.
Section 3. The sole function of the Labor-Management Committee shall be to discuss
general matters pertaining to employee relations and Departmental operations. The
Committee shall not engage in collective bargaining or resolution of grievances.
Section 4. The City will cooperate with the FOP to schedule the Labor-Management
Committee meetings at times when the three (3) members designated by the FOP are off
duty. In no event shall Labor-Management Committee meetings result in compensation for
bargaining unit employees.
Section 5. The Labor-Management Committee may discuss issues pertaining to uniforms
and equipment; provided, however, that the City shall be under no obligation to take any
specific action with respect to any such issues.
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ARTICLE 10
CITYAND DEPARTMENTAL RULES
Section 1. Upon the execution of this Agreement, the City shall furnish the FOP copies
(one complete set)of existing written rules or regulations pertaining to employer-employee
relations -- i.e., Police Department rules and regulations, personnel rules, Police
Department policy and procedures, and special orders. Should the City exercise its right to
amend or revise any of the foregoing, such amendments or revisions shall be provided to
the FOP.
Section 2. Upon written request from the FOP, the City shall provide the FOP with a copy
of a computer print-out reflecting the names and classifications of the bargaining unit
employees; provided, however, that such written request shall not be made more often
than on a quarterly basis.
Section 3. For the purposes of this Article, State FOP Representative, the Union Steward,
the alternate Steward and the Acting Alternate Steward shall be the authorized
representative of the FOP.
Section 4. The Union Steward or the alternate Union Steward may be released from duty,
workload permitting, with pay, for the purposes of attendance at grievance meetings under
Step 1 and 2 of the grievance procedure. Any attendance at such meetings on off-duty
time will not be compensated. Only one Union Steward or alternate shall attend the
grievance hearing. Such meeting will not be open to the public.
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ARTICLE 11
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 on a City "Disciplinary
Action Record" form.
Section 4. Notwithstanding the provisions of Section 3 above, nothing herein shall require
any specific number of disciplinary actions to terminate an employee for a first or second
disciplinary offense where such offense is considered a termination offense under City or
Departmental rules or where such offense has resulted in termination of any City or
Departmental employee prior to the effective date of this Agreement.
Section 5. All internal investigations will be conducted in compliance with applicable
Departmental rules and regulations and Florida Statutes. Employees shall receive a copy
of any disciplinary action, which is to be placed in his/her personnel file, at the time such
disciplinary action takes place. The privacy of investigations or disciplinary actions shall be
governed by Florida law.
Section 6. Any employee who is summoned before a Departmental investigator, or Internal
Affairs investigator during his/her normal off-duty hours will be compensated at his/her
normal rate of pay (i.e., straight time or overtime, whichever is applicable). Investigative
interviews shall normally be conducted at Departmental facilities. Absent unusual
circumstances, (i.e. military deployment)telephone interviews shall normally not be utilized
during an Internal Affairs/disciplinary action investigation.
Section 7. All employees shall have the right to inspect and make notes of their individual
records, and no records will be hidden from the employee's inspection. One(1)copy of the
final investigative report will, upon request, be provided to the subject employee at no cost.
Section 8. Upon written request of the employee, the Chief of Police may permit an
employee to forfeit accrued vacation leave in lieu of a suspension without pay. Utilization
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of vacation leave not yet accrued shall not be permitted.-
Section 9. Whenever any employees under investigation are subject to interrogation by the
Department for any reason that could lead to disciplinary action under this Article, then:
a) At the request of any employee under investigation, he/she shall have the right to be
represented by counsel or any other representative of his choice who shall be
present at all times during such interrogation.
b) No employee shall be ordered to submit to any device designed to measure the
truth of his/her responses during questioning; provided, however, that there shall be
no restriction on the right of any employee to submit to such device on a voluntary
basis. An employee's refusal to submit to any device designed to measure the truth
of his/her responses shall not be used against the employee in any disciplinary
proceeding.
c) During interrogations covered hereunder, questions shall be limited to the
circumstances surrounding the allegations which are the subject of the investigation.
d) The findings of Internal Affairs Investigations shall be labeled as follows:
1. Sustained -- a finding or a conclusion that an allegation is supported by a
preponderance of evidence.
2. Unfounded -- a finding or a conclusion that there is no credible evidence
whatsoever to support the allegation.
3. Not Sustained -- a finding or a conclusion that sufficient credible evidence
was lacking to prove or disprove the allegation.
4. Exonerated -- a finding or a conclusion that the incident occurred, but the
individual's actions were lawful and proper.
5. Policy Failure — the allegation is true, but the employee was acting in a
manner consistent with Police Department policy. Such a finding may
necessitate a review and revision of the policy as written.A finding of"Policy
Failure" must clearly detail how any particular policy is incorrect.
e) Only "sustained" findings that result in disci-plinary 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.
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
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alleged violation (e.g., rudeness to a citizen, reckless discharge of a weapon, intoxication in
the public place, etc.). The charge shall also contain the date and place of the alleged
conduct. If the alleged conduct was directed against a particular individual (e.g., a private
citizen), the name.of that individual shall be provided unless there exists a compelling
reason not to name that individual.
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ARTICLE 12
GRIEVANCE AND ARBITRATION
Section 1. Bargaining unit employees will follow all written and verbal orders given by
superiors, even if such orders are alleged to be in conflict with this Agreement.
Compliance with such orders will not prejudice the right to file a grievance within the time
limits contained herein, nor shall compliance affect the ultimate resolution of the grievance.
Section 2. A"grievance" is a claimed violation of this Agreement, including, but not limited
to, the claim that a discharge or other disciplinary action violated a specific provision of this
Agreement. No grievance will, or need be, entertained or processed, unless presented in
the manner described herein, and unless filed in a manner provided herein within the time
limit prescribed herein. Grievances are limited to claims which are dependent for
resolution upon interpretation or application of one or more express provisions of this
Agreement.
Section 3. Grievances will be processed in the following manner and strictly in accordance
with the following stated time limits:
STEP ONE: The FOP or the aggrieved employee shall present the employee's
grievance in writing to the Police Chief or his designee. The grievance, as specified
in writing using the proper form (see attached Grievance Form), shall be filed with
the Police Chief within ten (10) calendar days of the occurrence of the events which
gave rise to the grievance. The Police Chief or his designee shall conduct a fact-
finding meeting with the Grievant, and his/her FOP representative (if any)within 30
days of receipt of the grievance. Upon written request the meeting may be
extended up to an additional 30 days. Thereafter, the Police Chief shall issue his
decision in writing on the grievance within ten (10) days after said meeting, with
copies to the Grievant, the Human Resources Director, and the FOP.
STEP TWO: Any grievance that cannot be satisfactorily settled in STEP ONE
above shall then be taken up with the City Manager or his designee. The grievance,
as specified in writing in STEP ONE above, shall be filed with the City Manager
within ten (10) calendar days after the due date for the Police Chiefs response in
ONE above. The City Manager or his designee may conduct a meeting with the
Grievant, and his/her FOP representative (if any) and appropriate Department
managers. If a meeting is scheduled it shall be held within 30 days of receipt of the
grievance. Upon written request the meeting may be extended up to an additional
30 days. Thereafter, the City Manager shall issue his decision in writing on the
grievance, with copies to the Grievant,the FOP, and the Department within ten (10)
calendar days after the presentation of the grievance at this Step or meeting as
appropriate.
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Section 4. If the Grievant is not satisfied with the City Manager's decision in STEP TWO
above, the FOP may request arbitration by hand delivery or by certified mail of a written
notice to the City Manager within ten (10) calendar days of receipt of the City Manager's
written decision. Said written notice of arbitration shall include a written statement of the
position of the Grievant with respect to the issues upon which arbitration is being sought.
Under no circumstances shall the issues to be arbitrated be expanded from the issues set
forth in the original grievance filed as STEP ONE of the grievance procedure. To the
extent permitted by applicable law, the arbitration procedure shall be exclusively reserved
to the FOP.
Section 5. Within ten (10) calendar days from receipt of such notice of arbitration, the
FOP and the City shall meet to select an arbitrator. In the event the parties cannot agree
on an arbitrator, they shall within five (5) calendar days jointly request a list of seven (7)
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 that is presented to him, which question must be actual and
existing. The party filing the grievance and requesting arbitration shall, at all times, have
the burden of proving by clear and convincing evidence that a specific provision of this
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Agreement was violated. The City shall have the burden of proof to establish just cause in
disciplinary cases. Either party shall be entitled to seek review of the arbitrator's decision
in the Circuit Court. The parties agree that the standard of review of the arbitrator's
decision shall be whether the arbitrator had clear and convincing evidence to establish that
the City or the Department violated a specific provision of this Agreement.
Section 9. No decision of any arbitrator or of the City in one case shall create a basis for
retroactive adjustment in any other cases. All claims for back wages shall be limited to the
amount of wages that remain budgeted for the position of the particular employee involved,
less any unemployment compensation and/or interim earnings that he/she received during
the period involved.
Section 10. It is agreed, with respect to the above wages or retroactive adjustment,that no
arbitrator shall have the right to determine that back wages or other retroactive adjustment
shall be awarded for a period in excess of four(4) months prior to the date of the grievance
which is being ruled upon.
Section 11. It is agreed, with respect to this grievance and arbitration procedure, that:
(a) It is the intent of the parties that a grievance must be raised at the earliest possible
time. Any grievance, in order to be entertained and processed, must be submitted
in a timely manner by the FOP.
(b) Grievances not submitted by the FOP in a timely manner shall be conclusively
barred on the merits following the expiration of the prescribed time limit. Such a
time-barred grievance may not be entertained or processed, and only facts
disputed as to timing will be the subject of any arbitration resulting from the matter.
A grievance that is for any reason not the subject of a timely response by the City or
by the Department shall require the FOP to proceed to the next Step, and failure of
the FOP to proceed on a timely basis to the next Step shall bar the grievance.
However, in any grievance proceeding, when the City or the Department fails to
give a timely response, the Grievant shall be given an additional two (2) calendar
days to be added to the time limit required for his next filing.
Section 12. Nothing in this Article shall be construed to prevent any employee from
presenting his own grievance at the pre-arbitration Steps (Step one and two) of the
grievance procedure with whomever he wants to represent him. It is understood that either
an individual, an attorney, or the FOP may represent a Grievant at Steps One and Two, but
under no circumstances shall more than one person represent the Grievant at such steps
of the grievance procedure. In the event the City is notified that the Grievant is
representing himself/herself or is otherwise not being represented by the FOP at Steps
One and Two, the City shall so notify the FOP. The FOP may monitor and attend such
grievance steps but may not participate otherwise.
Section 13. Where a grievance is general in nature in that it applies to a group of
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employees rather than a single employee, or if the grievance is directly between the FOP
and the Department or the City, such grievance shall be presented in writing directly to the
Police Chief within ten (10) calendar days of the occurrence of the events which gave rise
to the grievance. The grievance shall be signed by one or more aggrieved employee, the
FOP Steward, or a representative of the state FOP. Thereafter, the grievance shall be
processed in accordance with the procedures set forth in above; provided, however, that
the grievance must contain the detailed information required in STEP ONE above.
Section 14. A non-dues-paying bargaining unit employee may avail himself/herself of all
pre-arbitration procedures (Steps One and Two) under this Article. If a grievance is filed by
anyone other than the FOP, the City shall notify the FOP in writing. Such non-dues-paying
bargaining unit employee shall be required to bear the full cost of preparing and presenting
his/her own case.
To the extent permitted by law, access to the arbitration process hereunder is limited to the
FOP.
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ARTICLE 13
WORKWEEK AND OVERTIME
Section 1. The standard payroll workweek shall begin at 00:01 hours on the Saturday and
end at 24:00 hours on Friday. The work cycle shall be a fourteen (14) day work period
under the FLSA 7(k) exemption. 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 City of Sanford Personnel Policies and
Procedures. Under no circumstances shall sick leave, vacation leave, holiday leave or any
other time except Jury Duty, not actually worked count as"time worked" or"hours worked"
for purposes of calculating entitlement to overtime (or equivalent compensatory time).
Section 5. Request to use compensatory time will be made by the employee to the Section
Lieutenant. The Section Lieutenant shall grant the employee's request if he determines
that there is sufficient manpower.
Section 6. Should an employee die while employed, the employee's estate shall receive
payment for all accrued compensatory time due the deceased employee; provided that the
City receives an appropriate judicial order authorizing the payment of any such monies.
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ARTICLE 14
UNIFORMS AND EQUIPMENT
Section 1. The City shall furnish the employees covered hereunder such uniforms and
equipment as the City deems necessary for the employees to perform their assigned
duties.
Section 2. A bargaining unit employee assigned to a position in which the Department
requires the wearing of plain clothes shall receive a clothing allowance in accordance with
established departmental policy.
Section 3. Dog handlers will be furnished such uniforms and equipment as the Department
deems necessary for them to perform their assigned duties.
Section 4. Employees covered hereunder shall be responsible for maintenance of uniforms
and equipment provided by the Department. If an employee can establish that a piece of
equipment or uniform clothing provided by the City has been damaged, lost, or destroyed
through no fault of the employee, the Department will replace such piece of equipment or
uniform clothing at no cost to the employee. If an employee is unable to establish that a
piece of equipment or uniform clothing provided by the City was damaged, lost, or
destroyed through no fault of the employee, the employee may be subject to disciplinary
action.
Section 5. The City shall allow officers to install window tinting on assigned take home city
vehicles at their expense. Window tint shall be a non-reflective gray and within legal limits,
on all windows. Officers are responsible to keep the window tint in good repair at all times.
Window tinting along a strip at the top of the windshield shall not extend below the ASM
line.
Section 6. The City shall determine the uniform, clothing and equipment allowance
amounts during the annual budget process each year.
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ARTICLE 16
PHYSICAL FITNESS
Section 1. The City and the FOP agree that employees covered hereunder must maintain
a high level of physical fitness in order to safely and efficiently perform their assigned
duties and serve and protect the citizens.
Section 2. Each bargaining unit employee shall be required to successfully complete (and
pass) the Physical Abilities (Fitness) Test established by the Division of Criminal Justice
Standards Training of the Florida Department of Law Enforcement. The physical abilities
test measures specific physical abilities through participation in a series of job-related tasks
such as follows:
(a) Exiting car/enter trunk.
(b) 220 yard run.
(c) Obstacle course.
(d) Dummy drag or Fence climb.
(e) Obstacle course (repeat).
(f) 220 yard run (repeat).
(g) Weapon fire.
(h) Enter trunk/enter car.
The test is intended to be conducted in a continuous fashion resulting in a total composite
score(i.e., time to complete the course). The test will be administered on a pass/fail basis.
The highest passing score an applicant may achieve on the physical abilities test shall be
based a sliding scale based on the participant's age or is 7 minutes 9 seconds. (Applicants
scoring at or above 7 minutes 10 seconds fail.)
Section 3. Each bargaining unit employee shall be scheduled to take the physical abilities
test on an annual basis. All tests (except for retests)will be administered in the months of
February, March and April.
Section 4. No bargaining unit employee will be eligible for any wage increase unless
he/she has passed the physical abilities test prior to the date the wage raise is to be
awarded. No bargaining unit employee will be eligible to take a promotional examination if
he/she has not passed the annual physical abilities test prior to the announcement of the
promotional examination.
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Section 5. Any employee failing the physical abilities test must make a special
appointment to retake the test within ninety (90) days. Failure to pass the retest (i.e., the
second test) will result in a five (5) days suspension without pay. An employee failing the
retest (second test) will have ninety (90) days within which to pass a second retest (third
test). Failure on the second retest will result in the employee's termination due to his/her
inability to perform the essential physical functions of his/her job.
Section 6. An employee who has a bona fide medical condition or injury which prevents
him/her from taking the physical abilities test (or a portion thereof)will be dealt with on an
individual basis. In all such cases, the City Physician will determine the nature and extent
of the employees medical condition or injury; whether the test should be postponed
pending resolution of the employees medical condition or injury (if such medical condition
or injury is temporary); whether the test may be modified so as to accommodate the
employees medical condition while still measuring the same physical abilities; and such
other medically-related issues which facilitate proper measurement of the physical abilities
necessary to successfully perform the employee's job.
Section 7. The City, at its discretion, may send any employee covered hereunder for a
medical and/or psychological examination where his/her medical and/or mental fitness for
duty is at issue. Such examinations shall be conducted at no cost to the employee and
shall be administered while the employee is on duty or is otherwise in paid status.
Section 8. In the event the examination set forth in section 7 above determines the need
for additional tests or information, the City will bear the cost associated with such additional
tests, if so ordered, including the opinion(s) of additional physicians and/or psychologists.
Section 9. The parties agree that the Police Chief and the FOP will make a good-faith
effort to develop a Physical Fitness/Wellness Program and committee to replace the
current Physical Abilities Test. Said committee will meet quarterly to review and update the
program as needed. The adoption of the program must be completed within 180 days of
ratification by both parties of this contract 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.
Section. 10 Those govern by this agreement may participate in the newly formed Voluntary
Physical Fitness/Wellness program, when developed and approved.
Section 11: Those officers who participate in and pass the Physical Fitness/Wellness
Program may be giving greater consideration during the promotional process.
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ARTICLE 16
WORKING OUT OF CLASSIFICATION
Section 1. In the event the shift (patrol) Sergeant is absent, the Police Chief, Deputy
Police Chief, or Police Captain may designate an officer on the same shift to serve as
Acting Sergeant. Any employee designated by the Police Chief, Deputy Police Chief, or
Police Captain to serve as an Acting Sergeant for a period in excess of eighty-six (86)
consecutive regularly scheduled work hours shall receive a one-step (3%) increase to
his/her regular rate of pay for all hours worked in the Acting Sergeant capacity subsequent
to the eighty-six (86) consecutive regularly scheduled work hours. (Each separate period
of service shall require a separate eighty-six (86) consecutive regularly scheduled work
hours period of service as a condition precedent to receipt of the aforementioned one-step
increase.)
Section 2. The Police Chief, Deputy Police Chief, or the Police Captain will determine
whether to temporarily assign a Sergeant from another shift or utilize non-bargaining unit
management personnel to perform the Sergeant's duties.
Section 3. For the purposes of administration of this Article, employees designated and
serving as Acting Sergeants shall document their time cards to reflect the exact periods.of
such service.
Section 4. If the Police Chief, the Deputy Police Chief, or the Police Captain designates
an Acting Sergeant in a non-patrol unit or division, any employee so designated will be
eligible for the aforementioned one-step increases if he/she fulfills the requirements set
forth in Section 1 above.
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ARTICLE 17
PUBLICATION OF AGREEMENT
The City will furnish to the FOP an original and one (1) copy of this Agreement fully
executed by the appropriate City officials. The FOP may make and distribute such
additional copies of this Agreement as it deems appropriate. An electronic copy of the
agreement will also be made available on the City website.
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ARTICLE 18
SAFETY
The City and FOP agree that they will comply with all applicable health and safety laws.
The City and the FOP will cooperate in the continuing objective of eliminating accidents
and health hazards.
a) In the event there is an incident of infectious disease contamination in a vehicle
the on duty Watch Commander shall determine if the clean up exceeds the ability of
the officer and may take the vehicle out of service for cleaning. All bargaining unit
members shall comply with departmental directives on infectious disease control
procedures.
b) The City shall provide a service to change and/or fix flat tires on any police
vehicle that occurs when conducting official city business or duties within Seminole
County. Any other vehicle repairs or service will require the approval of the City
Fleet Maintenance Supervisor or the members Division Commander. Officers will be
reimbursed for out of pocket expenses for all authorized repairs or services.
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ARTICLE 19
PROMOTIONS
Section 1. The purpose of this Article is to establish a fair and equitable procedure to
select the most qualified individuals for promotion.
Section 2. Any police officer with a minimum of six (6) consecutive years of experience in
the Department immediately prior to the promotional examination shall be eligible to take a
promotional examination for Sergeant if he/she otherwise meets all of the qualifications for
the promotion.
Section 3. Whenever practical, promotional examinations shall be announced and
scheduled at least sixty (60) days prior to the actual examination date.
Section 4. Promotional examinations will utilize:
(a) Written tests; or
(b) Oral board examinations; or
(c) Interviews; or
(d) In basket; or
(e) Role-playing; or
(f) Tactical plan; or
(g) Operational plan; or
(h) Any additional or combination of the foregoing.
Section 5. At the time of announcement and scheduling of a promotional examination;
• 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, assessment, 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.
Section 6. Oral board testing, interview, and role-playing or other components of the
promotional examinations will determined upon the selection of an outside testing agency.
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All material related to the testing process will be made available as outline in Section "Y of
this document.
These shall be conducted by a three-member panel. All three assessors shall be the rank
of Lieutenant or higher employed by municipal law enforcement agencies outside the
Sanford Police Department and Seminole County.
Section 7. At the conclusion of a promotional examination, the City Human Resources
Director will establish an eligibility list by ranking of scores. These scores shall be ranked
from the highest to the lowest. The Police Chief reserves the right to select from any
employee on the eligibility list to fill the promotional vacancy (vacancies); provided,
however, that any employee so selected must have attained a passing score of 70 or better
on the promotional examination. The promotional (eligibility) list shall be valid for twelve
(12) months, but may be extended by the City for a period not to exceed an additional
twelve (12) months.
Section 8. No employee shall be eligible for promotion unless;
• He/she has been ranked overall "Meets Standards"or higher on his/her last two(2)
Performance Evaluations.
• No employee shall be eligible for promotion if he/she has received formal
disciplinary action for an incident occurring within twelve (12) months prior to the
actual appointment (promotion).
• No employee shall be eligible for promotion if he/she has not passed the most
recent physical abilities test set forth in this Agreement. Employees must file
written intent to take a promotional examination within fourteen (14) days of the
announcement of the promotional examination. Failure to file a written intent of
taking the examination in a timely manner shall result in disqualification.
• For the purpose of this Article, the date of announcement of promotional
examinations shall be the date on which the announcement of promotional
examination is posted on the Departmental bulletin board on which EEO, Workers'
Compensation, and other state and federally mandated notices are posted.
Section 9. Education: The following formal educational requirements for taking the
Sergeant promotional examination are Associate in Arts Degree or Associate in Science
Degree. from an accredited educational institution or with six (6) years of active law
enforcement experience. Officer hired after January 2015 must have an Associate in Arts
Degree or Associate in Science Degree from an accredited educational institution to apply.
The parties recognize that the Police Chief, in his discretion, may consider additional
educational attainment (along with other factors) in making his selection for filling a
promotional vacancy for sergeant.
Section 10. If a valid eligibility list exists, a promotional vacancy 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.
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Section 11. This Article shall apply to promotions up to rank of Sergeant.
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ARTICLE 20
GENERAL PROMS/ONS
Section 1. Residency - Employees covered hereunder are required to timely respond to
emergency situations. Therefore, as a condition of initial hire and continued employment,
employees covered hereunder shall comply with current Police Department policy relating
to residency and timely response to emergency situations. Failure to comply with this
Section shall result in termination of employment.
Section 2. Outside Employment- Upon the approval of the Chief of Police, an employee
covered hereunder may accept and be employed in an off-duty job that is not in violation of
federal, state, or local laws and is not in conflict with ongoing law enforcement operations
or activities. The employee must complete an off-duty employment request and submit
such request through his/her chain of command. The request will be approved or
disapproved within seven (7) days.
Section 3. Personnel Records - Any employee shall have the right to include in his/her
official personnel file his/her sworn statement and/or sworn statements from witnesses
addressing any material he/she considers to be detrimental. The City shall keep only one
official personnel file for each employee covered hereunder. This shall not restrict the
Department or individual supervisors from maintaining working files on the employees
covered hereunder; provided, however, that items contained in such working files shall not
constitute official action (e.g., formal disciplinary action) unless they are also included in the
employee's official personnel file.
Section 4. Off-Duty Details - All requests for uniformed off-duty security work will be
handled in accordance with current policy(P&P 01-46, effective 08/01/2006). The rate of
pay for uniformed off-duty security work will be a minimum Thirty Dollars($30.00)per hour,
with a minimum of four(4) hours. The detail rate for all City recognized holidays shall be a
minimum Forty Dollars ($40.00) 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).
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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 thee (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 twelve (12) months. The Police Chief, in his/her
discretion, may extend this twelve (12) 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 twelve (12) month probationary period, he shall provide the
employee with a letter stating the reasons for such extension. During this twelve(12) month
promotional probationary period and any extension thereof,the employee may be returned
to his/her former classification without recourse to the grievance and/or arbitration
procedure hereunder or any other City procedure if the Police Chief determines that such
employee is not meeting the requirements of the classification to which he/she was
promoted.
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ARTICLE 21
RETIREMENT BENEFITS
Section 1. Effective October 1, 2017, all new hired employees shall be enrolled and
participate in the Florida Retirement System (FRS) retirement plan on the terms and
conditions of such plan. Employees hired before October 1, 2017 may elect to remain in
the City of Sanford's Police Officers Retirement System or transfer to FRS in accordance
with applicable rules.
Section 2. Effectiver October 1, 2017, the multiplier for service under the City of
Sanford's Police Officers Retirement System shall be 3.0% for all service on or after
October 1, 2017. Employees in the City of Sanford's Police Officers Retirement System
shall contribute 6.1% of their gross pay for service on or after October 1, 2017.
Section 3. The City and the FOP mutually agree that all Chapter 185 excess premium
tax revenues accumulated and received in the future shall be used to reduce the unfunded
actuarial liability of the City of Sanford's Police Officers Retirement System pension plan as
long as such liability exists, and thereafter shall be applied to reduce the City's annual
required contribution to the plan.
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ARTICLE 22
FAMILY LEAVE
Family leave benefits will be governed by the provisions of the "Family and Medical Leave
Act of 1993" and any applicable City Personnel Rules.
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ARTICLE 23
LEGAL BENEFITS
Employees covered hereunder shall be governed by existing City policy and practice
concerning defense of lawsuits and payment of judgments.
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ARTICLE 24
WORKERS' COMPENSATION BENEFITS
Workers' Compensation benefits shall be governed by existing state law.
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ARTICLE 25
JOB DESCRIPTIONS
Upon the execution of this Agreement, the FOP may request copies of all current job
descriptions for positions covered hereunder shall be furnished to the FOP. Should any
job description subsequently be amended, a copy of such amended job description shall
be provided to the FOP. Nothing herein shall restrict the City from amending any job
description to include additional duties reasonably relating to or supportive of law
enforcement.
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ARTICLE 26
EDUCATIONAL REIMBURSEMENT
Reimbursement for educational expenses shall be governed by current City rules and
regulations.
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ARTICLE 27
SENIORITY
Section 1. Seniority for the purpose of vacation accrual shall be defined as the length of
continuous service in full-time City employment and will continue to accrue during all types
of leaves of absence with pay and other leaves if specifically provided in this Agreement.
Section 2. Selection of vacation schedules shall be in accordance with current policy and
practice.
Section 3. Shift assignments, assignments to specialized units or positions, and transfers
will be made at the sole discretion of the Police Chief, who may consider factors other than
seniority, e.g., manning requirements, special skills, training, and/or rank. Where the
Police Chief determines that manning, skills, training, rank, and other operational
requirements are met, he shall utilize seniority within job classification (if applicable) or
seniority within the Department to determine which employee receives a particular shift
assignment, assignment to a specialized unit or position, or transfer. Nothing contained in
this paragraph shall be deemed to create a "bid" system for shift assignments.
Section 4. In the event the City determines that there is the need to lay off employees
covered hereunder, the following procedures shall be followed.
The City shall determine the number and classifications of employees to be laid off.
(a) Probationary employees shall be laid off before permanent full-time employees.
(b) The Department shall utilize the current City policy regarding the order of layoff and
eligibility for recall.
(c) Section 5. An employee shall lose his status as an employee and his seniority if
he/she:
(d) Resigns or quits.
(e) Is discharged or terminated.
(f) Retires.
(g) Has been on layoff for a period of one (1) year.
Section 6. No employee shall be entitled to City benefits(or accrual of such benefits)while
on layoff status.
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ARTICLE 28
CALL-BACK 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 eligible for call-back pay shall be paid for the actual hours worked,
with the minimum guarantee of two (2) hours pay. Call-back pay begins at the time
designated by the Department for the employee to commence his/her duties. Call-
back pay concludes at the time that the Department releases the employee from
his/her assigned duties.
(e) All Bargaining Unit Employees shall receive $10.00 per pay period for a total of
$260.00 per year for receiving all off duty-work related phone calls whether from
within-the police department or from external parties.
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
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
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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.
Bargaining Unit employees who are required to perform stand-by duties as assigned by a
supervisor shall be compensated in accordance with 2.62 Standy-By Time Policy as it
applies and is written the date this agreement becomes effective.
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ARTICLE 29
PREVAILING RIGHTS
The rights, privileges, and working conditions of employees covered hereunder shall be
limited to those specifically set forth or incorporated by precise reference in this
Agreement. The FOP and the City specifically agree that,to the extent that this Agreement
reduces, increases, or otherwise alters any right, privilege, or working condition under pre-
existing City or Departmental rules and regulations, such rule or regulation shall be
amended to conform with the provisions of this Agreement.
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ARTICLE 30
SEVERABILITY
Section 1. If any Article or Section of any Article of this Agreement shall be found invalid,
unlawful or not enforceable by reason of any existing or subsequently enacted legislation
or by judicial authority, all other Articles and Sections of this Agreement shall remain in full
force and effect for the duration of this Agreement.
Section 2. The City and the bargaining unit acknowledge that during the negotiations that
resulted in this Agreement, each had the opportunity to make proposals with respect to all
matters which are normally subject to collective bargaining under applicable law. The
parties agree that the provisions of this Agreement and any items that are incorporated in
this Agreement by specific reference constitute the entire agreement of the parties.
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ARTICLE 31
VACATION
Employees covered hereunder shall be provided annual vacation leave in accordance with
the vacation leave provisions of the City of Sanford Personnel Rules and Regulations
adopted March 2001; provided that the application of Section 2.43, Vacation Policy, in the
Human Resources Manual Personnel Rules and Regulations adopted March 2001, shall
be modified for FOP collective bargaining unit members as follows:
The maximum amount of annual leave a FOP collective bargaining unit member may
have to their credit on October 1, 2015 and every October 1 thereafter is 400 hours for
an employee with 11 or more years of service and 340 hours for an employee with 10
years of service or less.
For the purpose of this article annual leave and vacation leave shall be the same.
The maximum amount of vacation leave for payment upon resignation or retirement, i.e.
the amount an employee would accrue in 1-Y2 years, shall remain the same and
unchanged.
In order to allow collective bargaining unit members the opportunity to utilize vacation
hours in excess of the above maximums the City agrees to the following:
1. Effective October 1, 2012 the City will pay down all vacation hours in excess of 800
for FOP collective bargaining unit members at their current rate of pay at a ratio of 1
hour paid for every 3 hours of accrued vacation hours in excess of 800.
2. Employees will be given 3 years to utilize excess vacation hours in order to transition
to the above maximums no later than October 1, 2015.
3. A review committee consisting of the City Manager or his designee, the Police Chief
and a member of the collective bargaining unit will meet in April and September of each
year to review levels and usage of vacation hours and discuss any issues with usage
and scheduling.
4. Commencing October 1, 2015 and each fiscal year thereafter, the City Manager or
his designee may, at his discretion, consider payment of vacation hours in excess of the
maximums allowable based upon recommendation by the Police Chief. Any payment
made for excess vacation hours will be made at the employees current rate of pay on
the basis of 1 hour paid for each 1 hour of vacation accrued in excess of the maximum
allowable.
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ARTICLE 32
HOLIDAYS:
Section 1. Except as specified in Sections 2, 3 and 4 below, all holidays shall be treated in
accordance with the holiday provisions of the City of Sanford Personnel Rules and
Regulations applicable to the employees covered hereunder and in effect on the effective
date of this Agreement.
Section 2. Bargaining unit employees who work on Thanksgiving Day, Friday following
Thanksgiving, Christmas Eve, Christmas Day, New Years Day, Martin Luther King Day,
Memorial Day, Independence Day and Labor Day i.e. City recognized Holidays shall qualify
for holiday pay in accordance with the following.
In addition to the amount of pay typically to be received for working that shift, a bargaining
unit employee shall receive an additional amount equal to one half (1/2) times his/her
normal rate for all hours actually worked on these holidays.
Section 3. Bargaining unit employees who are scheudled to work on the nine (9) City
recognized holidays may request that day off as "Holiday Leave" prior to the said holiday.
Said request may be granted (staffing permitted) by their immediate supervisor for non-
patrol shift personnel. Shift personnel may request"Holiday Leave" prior to the date but it
would not be granted until such time (the day/evening of said) and manning for that shift
has been met. Those required to report for work and are subsequently sent home(staffing
permitted) may be granted a paid holiday for the remainder of their scheduled shift if
approved by the Chief of Police or his designee. The intent is to allow as many employees
as possible to be able to spend the holiday with their family.
Section 4. Bargaining unit employees who are on a regular day off on the nine (9) City
recognized holidays will not receive any additional compensation.
Bargaining unit employees who request and are approved for leave time prior to their
scheduled shift on the nine (9) City recognized holidays will not receive any additional
compensation or additional paid holiday time.
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ARTICLE 33
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
March 2001.
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ARTICLE 34
BEREAVEMENT
Employees covered hereunder shall be entitled to bereavement benefits in accordance
with the bereavement provisions of the City of Sanford Personnel Rules and Regulations in
effect on the effective date of this Agreement.
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ARTICLE 35
INSURANCE
Section 1. Employees covered hereunder shall be entitled to the same health insurance
benefits as are applicable to other City employees.
Section 2. Employees covered hereunder shall be entitled to the same life insurance
benefits as are applicable to non-public safety employees under the most current City of
Sanford Personnel Policies and Procedures. To the extent that there exists a statutorily
mandated death benefit for police officers, such benefits shall be separate and apart from
the aforesaid life insurance benefits.
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ARTICLE 36
WAGES
Section 1.
A. FY 16-17. Effective and retroactive to the first full payroll period after October
1, 2016, bargaining unit employees will receive the salary increase reflected in Appendix A
for FY 2016-2017.
B. FY 17-18. Effective and retroactive to the first full payroll period after October
1, 2017, bargaining unit employees will receive the salary increase reflected in Appendix A
for FY 2017-2018.
In addition, as soon as practical following October 1, 2017, each member will receive a
one-time, lump sum increase equal to $1,000 which will not be added to their base pay.
C. FY 18-19. Effective and retroactive to the first full payroll period after October
1, 2018, bargaining unit employees will receive the salary increase reflected in Appendix A
for FY 2018-2019.
In addition, as soon as practical following October 1, 2018, each member will receive a
one-time, lump sum increase equal to $1,000 which will not be added to their base pay.
D. Educational Incentives are added to base salary:
Associate - $ 500 per year
Bachelor - $1000 per year
Master - $1500 per year
Section 2. The wage increases described in above shall be the only wage increases of any
kind for Fiscal Years 2016-2017, 2017-2018, and 2018-2019. Any wage increases after
September 30, 2019 shall be limited to whatever wage increase (step plan, bonus, wage
increase, market adjustment, etc.) is specifically negotiated by the City and the FOP.
Section 3. Should the City Commission approve a lump sum (holiday) bonus for all City
employees, the bargaining unit employees covered hereunder shall be eligible to receive
such lump sum (holiday) bonus.
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ARTICLE 37
SPECIAL ASSIGNMENT PAY
Section 1. The Police Chief may designate an employee to be an official Departmental
interpreter. Said bilingual employee shall request in writing to the Chief of Police to
become an official Departmental interpreter. All Department interpreters must pass a
departmentally approved language fluency test. If the Chief of Police designates an
employee to be an official Departmental interpreter, the employee shall 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
seventy five dollar ($75.00) 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 $150.00 per month. No police officer shall be required to sign
off on the field training of another police officer unless the Police Chief, or his designee has
appointed him a Field Training Officer (FTO). Nothing herein shall restrict a police officer
not assigned as a Field Training Officer from incidentally or occasionally riding with a new
police officer or instructing or observing a new police officer in the performance of a
particular task; provided, however, that any such police officer not assigned as a Field
Training Officer shall not have any responsibility for signing off on the new police officer's
field training. (Sergeants will normally not be assigned as Field Training Officers; however,
as a part of their normal supervisory duties, Sergeants may be required to observe,
instruct, and evaluate new police officers without additional compensation.) FTO's shall
wear an insignia on their sleeve as determined by the Chief of Police.
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ARTICLE 38
DURATION
1. The parties acknowledge that during negotiations which resulted in this agreement, each had
the unlimited right and opportunity to make demands and proposals with respect to any subject or
matter not removed by law from the area of collective bargaining, and that the understandings and
agreements arrived at by both parties after the exercise of that right and opportunity are set forth in this
Agreement. The parties hereto may commence negotiations, under applicable law, on any succeeding
agreement to take effect upon termination of this Agreement.
2. This Agreement shall become effective upon ratification by the bargaining unit members and
approval by the City Commission and shall be effective retroactive to October 1, 2016 and expire on
September 30, 2019.
3. The wages set forth in Article 37 shall automatically expire on September 30, 2016. Wage
increases, if any, after September 30, 2019 shall be negotiated between the City and the FOP.
4. The parties agree that this agreement supercedes and replaces any prior agreements covering
Fiscal Year 2016-2017.
CITY OF SANFORD FRATERNAL ORDER OF POLICE
BY: BY:
Norton N. Bo parte Ted Butl
City Manage FOP State Staff Re resentative
ason en '
FOP odge #140 Union Steward
- 55 —
APPENDIX A
Last Eltst 2p16=2117 2016=201`7 2017-2U1 -2017-201 :201&2019 2 201j &2
010 Annual Hcurl Annual Hc�url ' Annual
Sergeants
MILLER JOSHUA $24.6413 $55,098 $25.7965 $57,681 $26.9863 $60,341
STOBRIDGE JOSHUA $23.9356 $53,520 $25.0696 $56,056 $26.2376 $58,667
GLENN ZACKARY $25.3681 $56,723 $26.5450 $59,355 $27.7573 $62,065
LYNCH STEVE $26.8877 $60,121 $28.1103 $62,855 $29.3695 $65,670
CLEVELAND SHERRY $25.3681 $56,723 $26.5450 $59,355 $27.7573 $62,065
TIMPANO MICHAEL $24.6413 $55,098 $25.7965 $57,681 $26.9863 $60,341
FOSHEE' JOHN $26.8877 $60,121 $28.1103 $62,855 $29.3695 $65,670
FRANCIS MIGUEL $25.3681 $56,723 $26.5450 $59,355 $27.7573 $62,065
MCCOY STACIE $26.8877 $60,121 $28.1103 $62,855 $29.3695 $65,670
SHOR JASON $26.1167 $58,397 $27.3161 $61,079 $28.5516 $63,841
LABREE JOHN $26.8877 $60,121 $28.1103 $62,855 $29.3695 $65,670
MCCOY ALAN $27.6816 $61,896 $28.9279 $64,683 $30.2117 $67,553
PRICE NIGEL $27.6816 $61,896 $28.9279 $64,683 $30.2117 $67,553
CIESLA, JR LEON $31.1038 $69,548 $32.4528 $72,564 $33.8423 $75,671
MITCHELL ROBERT $31.1038 $69,548 $32.4528 $72,564 $33.8423 $75,671
Police Officers
ALLBRITTON KEATON $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
ANDERSON MARCUS $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
BLINN BRYCE $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
BOUTELLE ADAM $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
BROWN NICOLE $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
BUNCH JASON $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
CARADONNA SABRINA $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
COLLINS ERIC $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
COOK ANTHONY $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
COREY TIMOTHY $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
DEMASTUS KOREY $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
DENDEKKER CARLENA $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
DEROMEDID SHARON $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
FLANAGAN BRIAN $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
FLANAGAN BRENT $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
FRENCH CHRISTOPHER $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
GARCIA OTTO $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
GIGLIETTA JUSTIN $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
GUNN JOSHUA $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
HARRISON WILLIAM $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
HERNANDEX MICHAEL $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
HILL SEAN $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
HIPPELHEUSER APRIL $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
HOOPER JUSTINE $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
HULSE ROXANNE $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
HUMPHREY JORDAN $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
HUNDERMAN ROBERT $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
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HUNTER-BELLAMY BROOKE $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
INOA AMELIA $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
IRIZARRY CHRISTOPHER $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
IVANOV IVAN $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
JOSEPH DENVER $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
KRUPA KYLE $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
LUNDQUIST GARRETT $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
LYNCH SEAN $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
MANSO CRISTOBAL $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
MERZOYAN VANEEK $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
MUNOZ GUSTAV $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
NELSON ADAM $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
NOFFKE SEAN $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
NSOULI CHAFIC $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
PIZZARO JOSE $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
POP DORU $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
QUINN GREGORY $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
RAMOS GINOSHKA $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
REGN SARAH $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
RIVERA ERIC $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
ROBINSON AUSTIN $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
ROJAS CHRISTOPHER $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
SALGADO JOSE $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
SMITH JENNA $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
THOMAS DAVID $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
VAZQUEZ ELLIOTT $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
VIRGIL ERIC $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
YOUNG CORNELIUS $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
ZEMBOWER JARROD $18.6216 $41,638 $19.5962 $43,817 $20.6000 $46,062
DURKEE ROBERT $19.7657 $44,196 $20.7745 $46,452 $21.8137 $48,775
FLOWERS DONALD $19.7657 $44,196 $20.7745 $46,452 $21.8137 $48,775
MANLEY ROBERT $19.7657 $44,196 $20.7745 $46,452 $21.8137 $48,775
MEAD JONATHAN $19.7657 $44,196 $20.7745 $46,452 $21.8137 $48,775
MURRAY JACK $19.7657 $44,196 $20.7745 $46,452 $21.8137 $48,775
JOHNSON ADAM $20.3462 $45,494 $21.3725 $47,789 $22.4296 $50,152
MEMMINGER JOSHUA $20.3462 $45,494 $21.3725 $47,789 $22.4296 $50,152
MORGAN ALFRED $20.3462 $45,494 $21.3725 $47,789 $22.4296 $50,152
RIVERA LANCE $20.3462 $45,494 $21.3725 $47,789 $22.4296 $50,152
JUSTINIANO PETER $20.9441 $46,831 $21.9883 $49,166 $23.0639 $51,571
JUSTINIANO SANJUANITA $20.9441 $46,831 $21.9883 $49,166 $23.0639 $51,571
KUCHCINSKI ROBERT $20.9441 $46,831 $21.9883 $49,166 $23.0639 $51,571
TAYLOR TAMMY $20.9441 $46,831 $21.9883 $49,166 $23.0639 $51,571
BOLEWARE SHANNON $21.5599 $48,208 $22.6226 $50,584 $23.7172 $53,032
BUCHANAN-KLEPP JORDAN $21.5599 $48,208 $22.6226 $50,584 $23.7172 $53,032
GUERRA JOE $21.5599 $48,208 $22.6226 $50,584 $23.7172 $53,032
JUSTINIANO JACOB $21.5599 $48,208 $22.6226 $50,584 $23.7172 $53,032
LOPEZ JOSE $21.5599 $48,208 $22.6226 $50,584 $23.7172 $53,032
NATION PHILIP $21.5599 $48,208 $22.6226 $50,584 $23.7172 $53,032
WALKER MATTHEW $21.5599 $48,208 $22.6226 $50,584 $23.7172 $53,032
BOWEN JASON $22.1941 $49,626 $23.2758 $52,045 $24.3900 $54,536
- 56 Y
DAVILA CARLOS $22.1941 $49,626 $23.2758 $52,045 $24.3900 $54,536
GENTRY CHARLEY $22.8475 $51,087 $23.9488 $53,550 $25.0832 $56,086
ROSADO HECTOR $22.8475 $51,087 $23.9488 $53,550 $25.0832 $56,086
SMART HEATHER $22.8475 $51,087 $23.9488 $53,550 $25.0832 $56,086
AYALA RICARDO $23.5206 $52,592 $24.6421 $55,100 $25.7973 $57,683
RIVERA PERDRO $23.5206 $52,592 $24.6421 $55,100 $25.7973 $57,683
SPANNJR ENCS $23.5206 $52,592 $24.6421 $55,100 $25.7973 $57,683
TAYLOR LONNIE $23.5206 $52,592 $24.6421 $55,100 $25.7973 $57,683
BERNOSKY THOMAS $24.2138 $54,142 $25.3561 $56,696 $26.5327 $59,327
ELDRIGE, JR FREDERICK $24.2138 $54,142 $25.3561 $56,696 $26.5327 $59,327
NOYES JANE $24.2138 $54,142 $25.3561 $56,696 $26.5327 $59,327
DIFATTA, JR JOHN $24.9275 $55,738 $26.0913 $58,340 $27.2900 $61,020
ERWIN WILLIAM $24.9275 $55,738 $26.0913 $58,340 $27.2900 $61,020
LEMAN TINA $24.9275 $55,738 $26.0913 $58,340 $27.2900 $61,020
PRICE LETECiA $24.9275 $55,738 $26.0913 $58,340 $27.2900 $61,020
BLANCETT, JR LARRY $26.6628 $57,382 $26.8486 $60,033 $28.0700 $62,764
ELLENBURG, JR ERNIE $25.6628 $57,382 $26.8486 $60,033 $28.0700 $62,764
HAMEL JOHN $25.6628 $57,382 $26.8486 $60,033 $28.0700 $62,764
KELLEY SHAWN $25.6628 $57,382 $26.8486 $60,033 $28.0700 $62,764
LOCHER CHARLES $25.6628 $57,382 $26.8486 $60,033 $28.0700 $62,764
MACDONALD TROY $25,6628 $57,382 $26.8486 $60,033 $28.0700 $62,764
THORNTON MATTHEW $25.6628 $57,382 $26.8486 $60,033 $28.0700 $62,764
57 Y