Loading...
2177 FOP Officers and Sergeants - FY 2019-2022, FRA TERNAL \ \�RDER OF IN � / 2 � \>`.. \\��� 2� ®� S \.M F OR D F) \\: §,°E LODGE /\2 O lllf \� /s and Sergeants SAN R^\Flliiiiiiiiiiiii3ORIDA 0 %^+ / \ \1`0©\1\\ Do S FP »53972.1 TABLE F CONTENTS SUBJECT 1 Recognition 4 2 Management Rights 5 3 No -Smoking Policy 8 4 Dues Deduction 9 5 Work Stoppages 10 6 Stewards and FOP Business 11 7 Non -Discrimination 13 8 Bulletin Boards 14 9 Labor -Management Committee 15 10 City and Departmental Rules 16 11 Disciplinary Action 17 12 Grievance and Arbitration 20 13 Workweek and Overtime 24 14 Uniforms and Equipment 25 15 Physical Fitness 26 16 Working Out of Classification 28 17 Publication of Agreement 20 18 Safety 30 19 Promotions 31 20 General Provisions 34 21 Retirement Benefits 36 22 Family Leave 37 23 Legal Benefits 38 24 Workers Compensation Benefits 39 25 Job Descriptions 40 26 Educational Reimbursement 41 27 Seniority 42 28 Call -Back, Standby and Court Time 43 29 Prevailing Rights 45 30 Severability 46 31 Vacation 47 32 Holidays 48 33 Sick Leave 49 34 Bereavement 50 35 Insurance 51 36 Wages 52 37 Special Assignment 53 38 Duration 54 FPDOCS FP 36539721.1 This Agreement is entered into between the City of Sanford, hereinafter referred to as the "City," and Florida State Lodge of the Fraternal Order of Police, hereinafter referred to as' the "FOP." FPDOCS FP 36539721.1 IR ["I C L '1 RECOGNITION Section 1. The City hereby recognizes the Florida State Lodge of Fraternal Order of Police as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms and conditions of employment for all employees in the bargaining unit. Section 2. The City recognizes the FOP as the exclusive bargaining agent for all employees in the classification included in the applicable PERC Certification, Certification Number 1725, and as a result thereof, the City recognizes the FOP as the exclusive bargaining representative for the following bargaining unit: INCLUDED: All Police Officers and Police Sergeants (except those specifically excluded). EXCLUDED: Police Chief, Deputy Police Chief, Captains, Lieutenants, and Police Sergeants or Police Officers assigned to the Professional Standards Unit, and all other employees of the City of Sanford. - 4 - FPDOCS FP 36539721.1 R. r1CLE 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 - 5 - FPDOCS FP 36539721.1 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. (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 - 6 - FPDOCS FP 36539721.1 guidelines, including such matters as affirmative action and equal employment opportunity, and the FOP shall cooperate and do all things necessary to facilitate compliance with said laws. Section 8. The City shall have the right, during the term of this Agreement, to 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. - 7 - FPDOCS FP 36539721.1 NO -SMOKING POLICY Section 1. The use of tobacco products at Sanford Police facilities is permitted only in the designated smoking area outside the police department building. Section 2. Police department personnel shall not use any tobacco products or smokeless cigarettes (E -CIG), or vaping devices, or any other similar paraphernalia at any time while conducting police department business, operating a city vehicle or while in contact with any member of the public during a police department operation or assignment. Section 3. Use of tobacco products is permitted during authorized breaks or meal periods. Personnel shall use discretion so as not to offend any member of the public, Section 4. All tobacco waste products such as cigarette butts and used smokeless tobacco shall be disposed of in a lawful, healthy, clean and safe manner. Section 5. All police officers hired after February 1, 2001, are subject to City of Sanford Personnel Rules & Regulation, Section 21, Tobacco abstention for Police and Fire Applicants/New Hires. - s - FPDOCS FP 36539721.1 DUES DEDUCTION Section 1. Any member of the FOP, who has submitted a properly executed written dues authorization form (see Appendix E) to the City may have his/her dues in the FOP deducted from his/her wages. Dues shall be deducted on a monthly basis, and, shall, thereafter, be transmitted to the FOP or its designated depository 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 Appendix E ) Section 3. When an employee quits, is discharged, or is laid off, any unpaid dues owed to the FOP will be deducted from the employee's last paycheck. Section 4. The City may deduct from the payment made to the FOP the following expenses of administering the bookkeeping system related to the retention and transmittal of funds: (a) Thirty-five cents ($.35) per employee for each new enrollment. Section 5. No deduction shall be made from the pay of an employee during any payroll period in which the employee's net earnings for the payroll period are less than the amount of dues to be paid. - 9 - FPDOCS FP 36539721.1 ARTICLE 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. - io — FPDOCS FP 36539721.1 STEWARDS AND FOP BUSINESS Section 1. The FOP shall be permitted to have one (1) Union Steward, one (1) Alternate Steward, and one (1) Acting Alternate Steward and the State FOP Representative. The FOP shall provide written notification to the Chief of Police and the Human Resources Director of the names of the employees designated as the Union Steward, the Alternate Steward, and the Acting Alternate Steward. In the event the Union Steward is on vacation or is otherwise absent from work, the Alternate Steward may act as the Union Steward. The Acting Alternate Steward, however, shall act for the Alternate Steward only in those circumstances set forth in Section 5 below. Section 2. The Union Steward shall have a total of ten (10) days off annually (without pay) to attend official FOP functions such as conferences, seminars or other functions not included or addressed in Article 10, such as grievance or disciplinary hearings; provided, however, that the Union Steward must strictly comply with the following: a) The Union Steward must provide the Chief of Police with a written request for the day off at least 30 (thirty) calendar days in advance. b) Approval of the request would cause no staffing problems or cause the Department to incur additional expense. c) The Police Chief or his designee may approve or disapprove each request in writing. d) If the Union Steward cannot attend a particular FOP function due to illness, injury, or the need to participate in Departmental assignment or training, the alternate may attend if he/she strictly complies with this Section; provided that any time off taken by the alternate shall be charged to the ten (10) day total available to the Union Steward. e) Upon the alternate Steward's compliance with all of the requirements of Sections 2(a), (b), and (c) above, the Police Chief may, in his discretion, permit the alternate Steward to attend a particular FOP function with the Union Steward; provided that any time off taken by the alternate Steward shall be charged to the ten (10) -day total available to the Union Steward. Section 3. Upon request, the Union Steward may obtain a copy of the agenda from the City Clerk in advance of every City Commission meeting. Section 4. Upon the approval of the Police Chief or his designee, the Union Steward, the - 11 - FPDOCS FP 36539721.1 State FOP Representative or the alternate shall be permitted a reasonable period of time within which to meet with the Police Chief, the Personnel Director, or any Departmental management official concerning a formal grievance or other matter of interpretation of this Agreement. Under no circumstances shall the exercise of this right by the Union Steward or alternate interfere with his/her duties or the duties of any other bargaining unit employee. Section 5. If both the Union Steward and the Alternate Steward are on vacation or otherwise absent from work, the Acting Alternate Steward (subject to the limitations thereunder) may perform the duties set forth in Section 4 above. Sections 2 and 3 of this Article shall not apply to Acting Alternate Stewards. - 12 - FPDOCS FP 36539721.1 NON-DISCRIMINATION Section 1. Neither the FOP nor the City shall unlawfully discriminate against any employee on the basis of race, color, religion, age, sex, disability, marital status, political affiliation, national origin, or union membership or non -membership. The use in this Agreement of the designation "he" in referring to an employee shall mean "he" or "she" wherever used. Section 2. Nothing contained in this Article or elsewhere in this Agreement shall restrict the City or any employee from taking any lawful action to implement equal employment opportunity and affirmative action. - 13 - FPDOCS FP 36539721.1 BULLETIN BOARDS Section 1. The City shall permit the FOP exclusive use of the existing bulletin board located on the south wall in the first floor break room. The FOP shall utilize the bulletin board for the posting of FOP business and information, as follows: a) Notice of Union meetings. b) Notice of Union elections and results. c) Copies of the Union's constitution and bylaws and amendments thereto. d) Notice of FOP recreational and social affairs. e) Copy of this Agreement. f) Minutes of Union meetings. g) Names of FOP officials and changes thereto. h) Notice of dues increases. Section 2. The FOP shall post no material on its bulletin board which may be characterized as political (other than FOP local or state elections), which may encourage insubordinate behavior or which is derogatory or demeaning of City or police department officials or operations. The FOP shall cause all materials to bear the name or initials of the FOP official who authorized the posting. A copy of all materials to be posted shall be provided to the Chief of Police or his designee prior to posting. Materials which violate the provisions of this Article shall not be posted and may be removed by the Chief of Police. - 14 - FPDOCS FP 36539721.1 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. - 15 - FPDOCS FP 36539721.1 IR II°I LE °"i CITY AND DEPARTMENTAL RULES Section 1. Upon the execution of this Agreement, the City shall furnish the FOP copies (one complete set) of existing written rules or regulations pertaining to employer- employee relations -- i.e., Police Department rules and regulations, personnel rules, Police Department policy and procedures, and special orders. Should the City exercise its right to amend or revise any of the foregoing, such amendments or revisions shall be provided to the FOP. Management and the FOP agree that electronic access to these documents by Union Stewards satisfies the requirement of this section. A Union Steward's electronic signature shall not be construed as full FOP acceptance and agreement of any rule, regulation, policy, procedure, or special order. Union Stewards, or a representative of the FOP, shall bring any rule, regulation, policy, procedure, or special order alleged to be in conflict with the Collective Bargaining Agreement to the attention of Management within 14 days of publication of that rule, regulation, policy, procedure, or special order. Section 2. Upon written request from the FOP, the City shall provide the FOP with a copy of a computer print-out reflecting the names and classifications of the bargaining unit employees; provided, however, that such written request shall not be made more often than on a quarterly basis. Section 3. For the purposes of this Article, State FOP Representative, the Union Steward, the alternate Steward and the Acting Alternate Steward shall be the authorized representative of the FOP. Section 4. The Union Steward or the alternate Union Steward may be released from duty, workload permitting, with pay, for the purposes of attendance at grievance meetings under Step 1 and 2 of the grievance procedure. Any attendance at such meetings on off- duty time will not be compensated. Only one Union Steward or alternate shall attend the grievance hearing. Such meeting will not be open to the public. - 16 FPDOCS FP 36539721.1 DISCIPLINARY ACTION Section 1. Employees shall be demoted, suspended, dismissed, or otherwise disciplined in accordance with City and Departmental Policies and Procedures and the Disciplinary Matrix (See Appendix B). Any such demotion, suspension, dismissal, or other disciplinary action shall be subject to the grievance/arbitration procedure set forth in this Agreement. Probationary police officers, however, shall not be permitted to utilize the grievance/arbitration procedure to contest discharge or other disciplinary action taken during probationary periods. Section 2. The City shall comply with the procedures set forth in Florida Statutes Chapter 112 (Law Enforcement Officers Bill of Rights) whenever an officer is under investigation which could result in disciplinary action. Section 3. All disciplinary action under this Article shall be formal in nature. Formal discipline shall include written reprimand, suspension without pay, demotion or dismissal. All formal disciplinary actions shall be documented the on a City "Disciplinary Action Record" form. Section 4. Notwithstanding the provisions of Section 3 above, nothing herein shall require any specific number of disciplinary actions to terminate an employee for a first or second disciplinary offense where such offense is considered a termination offense under City or Departmental rules or where such offense has resulted in termination of any City or Departmental employee prior to the effective date of this Agreement. Section 5. All internal investigations will be conducted in compliance with applicable Departmental rules and regulations and Florida Statutes. Employees shall receive a copy of any disciplinary action, which is to be placed in his/her personnel file, at the time such disciplinary action takes place. The privacy of investigations or disciplinary actions shall be governed by Florida law. Section 6. Any employee who is summoned before a Departmental investigator, or Internal Affairs investigator, during his/her normal off-duty hours will be compensated at his/her normal rate of pay (i.e., straight time or overtime, whichever is applicable). Investigative interviews shall normally be conducted at Departmental facilities. Absent unusual circumstances, (i.e. military deployment) telephone interviews shall normally not be utilized during an Internal Affairs/disciplinary action investigation. Section 7. All employees shall have the right to 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 - 17 - FPDOCS FP 36539721.1 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 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. - 18 - FPDOCS FP 36539721.1 e) Only "sustained" findings that result in disciplinary action will be inserted in an employee's official personnel file. Unfounded, not sustained, exonerated, and policy failure findings shall be retained in Internal Affairs files in accordance with the record retention policies of the State of Florida. f) The charge of "conduct unbecoming an officer" or "conduct towards the public" or like charges, shall contain a brief and plain statement of the conduct constituting the alleged violation (e.g., rudeness to a citizen, reckless discharge of a weapon, intoxication in the public place, etc.). The charge shall also contain the date and place of the alleged conduct. If the alleged conduct was directed against a particular individual (e.g., a private citizen), the name of that individual shall be provided unless there exists a compelling reason not to name that individual. - 19 - FPDOCS FP 36539721.1 R" IICLE 't GRIEVANCE AND ARBITRATION Section 1. Bargaining unit employees will follow all written and verbal orders given by superiors, even if such orders are alleged to be in conflict with this Agreement. Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. Section 2, A "grievance" is a claimed violation of this Agreement, including, but not limited to, the claim that a discharge or other disciplinary action violated a specific provision of this Agreement. No grievance will, or need be, entertained or processed, unless presented in the manner described herein, and unless filed in a manner provided herein within the time limit prescribed herein. Grievances are limited to claims which are dependent for resolution upon interpretation or application of one or more express provisions of this Agreement. Section 3. Grievances will be processed in the following manner and strictly in accordance with the following stated time limits: STEP ONE: The FOP or the aggrieved employee shall present the employee's grievance in writing to the Police Chief or his designee. The grievance, as specified in writing using the proper form (see attached Grievance Form at Appendix D), shall be filed with the Police Chief within ten (10) calendar days of the occurrence of the events which gave rise to the grievance. The Police Chief or his designee shall conduct a fact-finding meeting with the Grievant, and his/her FOP representative (if any) within 30 days of receipt of the grievance. Upon written request the meeting may be extended up to an additional 30 days. Thereafter, the Police Chief shall issue his decision in writing on the grievance within ten (10) days after said meeting, with copies to the Grievant, the Human Resources Director, and the FOP. STEP TWO: Any grievance that cannot be satisfactorily settled in STEP ONE above shall then be taken up with the City Manager or his designee. The grievance, as specified in writing in STEP ONE above, shall be filed with the City Manager within ten (10) calendar days after the due date for the Police Chief's response in ONE above. The City Manager or his designee may conduct a meeting with the Grievant, and his/her FOP representative (if any) and appropriate Department managers. If a meeting is scheduled it shall be held within 30 days of receipt of the grievance. Upon written request the meeting may be extended up to an additional 30 days. Thereafter, the City Manager shall issue his decision in - 20 - FPDOCS FP 36539721.1 writing on the grievance, with copies to the Grievant, the FOP, and the Department within ten (10) calendar days after the presentation of the grievance at this Step or meeting as appropriate. Section 4. If the Grievant is not satisfied with the City Manager's decision in STEP TWO above, the FOP may request arbitration by hand delivery or by certified mail of a 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. - 21 - FPDOCS FP 36539721.1 Section 8. The arbitrator may not issue declaratory opinions and shall confine himself exclusively to the question that is presented to him, which question must be actual and existing. The party filing the grievance and requesting arbitration shall, at all times, have the burden of proving by clear and convincing evidence that a specific provision of this Agreement was violated. The City shall have the burden of proof to establish just cause in disciplinary cases. Either party shall be entitled to seek review of the arbitrator's decision in the Circuit Court. The parties agree that the standard of review of the arbitrator's decision shall be whether the arbitrator had clear and convincing evidence to establish that the City or the Department violated a specific provision of this Agreement. 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 - 22 - FPDOCS FP 36539721.1 such steps of the grievance procedure. In the event the City is notified that the Grievant is representing himself/herself or is otherwise not being represented by the FOP at Steps One and Two, the City shall so notify the FOP. The FOP may monitor and attend such grievance steps but may not participate otherwise. Section 13. Where a grievance is general in nature in that it applies to a group of employees rather than a single employee, or if the grievance is directly between the FOP and the Department or the City, such grievance shall be presented in writing directly to the Police Chief within ten (10) calendar days of the occurrence of the events which gave rise to the grievance. The grievance shall be signed by one or more aggrieved employee, the FOP Steward, or a representative of the state FOP. Thereafter, the grievance shall be processed in accordance with the procedures set forth in above; provided, however, that the grievance must contain the detailed information required in STEP ONE above. 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. - 23 - FPDOCS FP 36539721.1 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, or any other time except Jury Duty and holiday leave, not actually worked count as "time worked" or "hours worked" for purposes of calculating entitlement to overtime (or equivalent compensatory time). Section 5. Request to use compensatory time will be made by the employee to the Section Lieutenant. The Section Lieutenant shall grant the employee's request if he determines that there is sufficient manpower. Section 6. Should an employee die while employed, the employee's estate shall receive payment for all accrued compensatory time due the deceased employee; provided that the City receives an appropriate judicial order authorizing the payment of any such monies. - 24 - FPDOCS FP 36539721.1 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 AS/1 line. Section 6. The City shall determine the uniform, clothing and equipment allowance amounts during the annual budget process each year. - 25 - FPDOCS FP 36539721.1 ARTICLE 15 VOLUNTARY PHYSICAL FITNESS Section 1. The City and the FOP agree that employees covered hereunder must maintain a high level of physical fitness in order to safely and efficiently perform their assigned duties and serve and protect the citizens. Section 2. Each bargaining unit employee may voluntarily participate in an annual physical fitness evaluation based on the Cooper Institute's physical fitness standards. The evaluation shall consist of: (a) 1.5 mile run. (b) 300 meter run. (c) Maximum push-ups in one minute. (d) Maximum sit ups in one minute. (e) Sit and Reach. The evaluation is intended to be conducted in a continuous fashion resulting in a cumulative score. The evaluation will be administered based on the age and gender standards established by The Cooper Institute. (See Appendix C). Section 3. The evaluation will be given on an annual basis. All evaluations will be administered in the months of February, March and April. Section 4. It is agreed upon that the implementation of the Physical Fitness Program will be conducted incrementally. Implementation will be executed as follows: FY 2020- Fitness Instructors will be trained. Voluntary participation of members will begin. FY 2021 Fitness instruction and coaching will be made available to Members from Department Fitness Instructors. Voluntary participation of members will continue. FY 2022- Program reaches full implementation. Voluntary participation of members continues. Mandatory standards for promotional testing go into effect. - 26 - FPDOCS FP 36539721.1 Section 5. Those officers who participate in and the Voluntary Physical Fitness Program prior to full implementation may be given greater consideration during the promotional process. - 27 - FPDOCS FP 36539721.1 4 R T SII C L E 1 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 o„e step (3%) 10% 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 10% increase if he/she fulfills the requirements set forth in Section 1 above. - 28 - FPDOCS FP 36539721.1 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. - 29 - FPDOCS FP 36539721.1 ARTICLE18 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. - 30 - FPDOCS FP 36539721.1 " IIC I...E 15 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. - 31 - FPDOCS FP 36539721.1 Section 6. Oral board testing, interview, and role-playing or other components of the promotional examinations will be determined upon the selection of an outside testing agency. All material related to the testing process will be made available as outlined in Section "5" of this document. These shall be conducted by a three-member panel. All three assessors shall be the rank of Lieutenant or higher employed by municipal law enforcement agencies outside the Sanford Police Department and Seminole County. Section 7. At the conclusion of a promotional examination, the City Human Resources Director will establish an eligibility list by ranking of scores. These scores shall be ranked from the highest to the lowest. The Police Chief reserves the right to select from any employee on the eligibility list to fill the promotional vacancy (vacancies); provided, however, that any employee so selected must have attained a passing score of 70 or better on the promotional examination. The promotional (eligibility) list shall be valid for twelve (12) months, but may be extended by the City for a period not to exceed an additional twelve (12) months. Section 8. No employee shall be eligible for promotion unless: • He/she has been ranked overall "Meets Standards" or higher on his/her last two (2) Performance Evaluations. • No employee shall be eligible for promotion if he/she has received formal disciplinary action for an incident occurring within twelve (12) months prior to the actual appointment (promotion). • No employee shall be eligible for promotion if he/she has not achieved a minimum cumulative score of 50% or higher on the most recent physical fitness evaluation set forth in this Agreement. (See Appendix C) • Employees must file written intent to take a promotional examination within fourteen (14) days of the announcement of the promotional examination. Failure to file a written intent of taking the examination in a timely manner shall result in disqualification. • For the purpose of this Article, the date of announcement of promotional examinations shall be the date on which the announcement of promotional examination is posted on the Departmental bulletin board on which EEO, Workers' Compensation, and other state and federally mandated notices are posted. Section 9. Education: The following formal educational requirements for taking the Sergeant promotional examination are Associate in Arts Degree or Associate in Science Degree from an accredited educational institution or with six (6) years of active law enforcement experience.. Officers hired after January 2015 must have an Associate in 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 - 32 - FPDOCS FP 36539721.1 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 vacancylAfill -hp filled within s' (60) days fFern the li6t iR effeGt at the time the YaGanGy GGGUrG URIes6 the Polo determines that r GGnsideFatiGR6- - - may be filled at the discretion of the Chief of Police from the promotional list, unless the Chief of Police determines the candidate's promotion is not in the best interest of the Department or the City. Section 11. This Article shall apply to promotions up to rank of Sergeant. - 33 - FPDOCS FP 36539721.1 AR'TICII-E 20 GENERAL PROVISIONS Section 1. Residency - Employees covered hereunder are required to timely respond to emergency situations. Therefore, as a condition of initial hire and continued employment, employees covered hereunder shall comply with current Police Department policy relating to residency and timely response to emergency situations. Failure to comply with this Section shall result in termination of employment. Section 2. Outside Employment - Upon the approval of the Chief of Police, an employee covered hereunder may accept and be employed in an off-duty job that is not in violation of federal, state, or local laws and is not in conflict with ongoing law enforcement operations or activities. The employee must complete an off-duty employment request and submit such request through his/her chain of command. The request will be approved or disapproved within seven (7) days. Section 3. Personnel Records - Any employee shall have the right to include in his/her official personnel file his/her sworn statement and/or sworn statements from witnesses addressing any material he/she considers to be detrimental. The City shall keep only one official personnel file for each employee covered hereunder. This shall not restrict the Department or individual supervisors from maintaining working files on the employees covered hereunder; provided, however, that items contained in such working files shall not constitute official action (e.g., formal disciplinary action) unless they are also included in the employee's official personnel file. Section 4. Off -Duty Details - All requests for uniformed off-duty security work will be handled in accordance with current policy (P&P 01-46, effective 08/01/2006) The rate of pay for uniformed off-duty security work will be as follows: Detail Rate (A — Local Non -Holiday) — The officer will receive a minimum of Thirty -Five Dollars ($35.00) per hour, with a minimum of four (4) hours for all local non -holiday details. Detail Rate (B — Local Holiday) — The officer will receive a minimum of Fifty Dollars ($50.00) per hour, with a minimum of four (4) hours for all local holiday details as recognized by the City of Sanford. Detail Rate (C — Out of County) — All out of county detail rates are varied, dependent upon vendor pricing and originating agency. All out of county details will be paid at the set vendor pricing minus the administrative fees assessed by the city based on current practice. Section 5. Funeral Detail - In the event of an "in line of duty death" of a police officer, the - 34 - FPDOCS FP 36539721.1 Police Chief (or his designee) may designate one or more employees covered hereunder to represent the City of Sanford Police Department at the funeral services. Any employee so designated shall be allowed time off with pay and shall be provided with transportation. Where the Police Chief designates one or more employees to attend funeral services at a location more than one hundred fifty (150) miles from Sanford, the Police Chief may authorize payment of overnight lodging and food expenses (if it would be unreasonable for the employee or employees to return from the funeral within the same day). Employees attending such funeral services shall wear their Class A uniforms. Section 6.Probationary Period — New employees shall be on probation for a period twelve (12) months from the date of hire. The Police Chief, in his/her discretion, may extend this twelve (12) -month probationary period for a maximum of three (3) additional months if he/she feels that such additional period is warranted in order to attain acceptable job performance. In the event the Police Chief extends the aforesaid twelve (12) month probationary period, he shall provide the employee with a letter stating the reasons for such extension. During the twelve (12) month probationary period, and any extension thereof, a new employee may be terminated or otherwise disciplined without recourse to the grievance and/or arbitration procedure hereunder or any other City procedure. Employees who are promoted to a classification covered hereunder will be on probation in that classification for a period of twelve (12) months. The Police Chief, in his/her discretion, may extend this twelve (12) month promotional probationary period for a maximum of 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. - 35 - FPDOCS FP 36539721.1 ARTICLE 21 RETIREMENT BENEFITS Section 1 Effective October 1 2017 all new hired employees shall be enrolled and participate in the Florida Retirement System (FRS) retirement plan on the terms and conditions of such plan. Employees hired before October 1, 2017 may elect to remain in the City of Sanford's Police Officers Retirement System or transfer to FRS in accordance with applicable rules. Section 2 Effective October 1 2017 the multiplier for service under the City of Sanford's Police Officers Retirement System shall be 3.0% for all service on or after October 1 2017. Employees in the City of Sanford's Police Officers Retirement System shall contribute 6.1 % of their gross pay for service on or after October 1, 2017. Section 3 The City and the Union mutually agree that all Chapter 185 excess premium tax revenues accumulated and received in the future shall be used to reduce the unfunded actuarial liability of the City of Sanford's Police Officers Retirement System pension plan as long as such liability exists and thereafter shall be applied to reduce the City's annual required contribution to the plan. - 36 - FPDOCS FP 36539721.1 NR I ICLE 2 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. - 37 - FPDOCS FP 36539721.1 ARTICLE EE LEGAL BENEFITS Employees covered hereunder shall be governed by existing City policy and practice concerning defense of lawsuits and payment of judgments. - 38 - FPDOCS FP 36539721.1 SIR 1"ICI-E 24 WORKERS' COMPENSATION BENEFITS Workers' Compensation benefits shall be governed by existing state law. - 39 - FPDOCS FP 36539721.1 JOB DESCRIPTIONS Upon the execution of this Agreement, the FOP may request copies of all current job descriptions for positions covered hereunder and those copies shall be furnished to the FOP. Should any job description subsequently be amended, a copy of such amended job description shall be provided to the FOP. Nothing herein shall restrict the City from amending any job description to include additional duties reasonably relating to or supportive of law enforcement. - 40 - FPDOCS FP 36539721.1 AIR TICL EDUCATIONAL REIMBURSEMENT Reimbursement for educational expenses shall be governed by current City rules and regulations. - 41 - FPDOCS FP 36539721.1 SENIORITY Section 1. Seniority for the purpose of vacation accrual shall be defined as the length of continuous service in full-time City employment and will continue to accrue during all types of leaves of absence with pay and other leaves if specifically provided in this Agreement. Section 2. Selection of vacation schedules shall be in accordance with current policy and practice. Section 3. Shift assignments, assignments to specialized units or positions, and transfers will be made at the sole discretion of the Police Chief, who may consider factors other than seniority, e.g., manning requirements, special skills, training, and/or rank. Where the Police Chief determines that manning, skills, training, rank, and other operational requirements are met, he shall utilize seniority within job classification (if applicable) or seniority within the Department to determine which employee receives a particular shift assignment, assignment to a specialized unit or position, or transfer. Nothing contained in this paragraph shall be deemed to create a "bid" system for shift assignments. Section 4. In the event the City determines that there is the need to lay off employees covered hereunder, the following procedures shall be followed. The City shall determine the number and classifications of employees to be laid off. (a) Probationary employees shall be laid off before permanent full-time employees. (b) The Department shall utilize the current City policy regarding the order of layoff and eligibility for recall. Section 5. An employee shall lose his status as an employee and his seniority if he/she: (a) Resigns or quits. (b) Is discharged or terminated. (c) Retires. (d) Has been on layoff for a period of one (1) year. Section 6. No employee shall be entitled to City benefits (or accrual of such benefits) while on layoff status. 42 - FPDOCS FP 36539721.1 AR iii C iI.-E 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. (f) Any internal duty related police department phone call made to any off-duty Bargaining Unit Employee will not be initiated without first obtaining approval to make the call from Lieutenant -level (including on -duty Watch Commander) or higher authority. (g) Nothing in this section shall be construed as a requirement that Bargaining Unit Employees be available for phone calls at all times. Section 2. An employee required to attend court where he/she is involved as a witness (in his/her official police capacity), arresting officer, and/or investigating officer shall receive a minimum of two (2) hours pay at straight time or time and one-half, whichever is applicable. An employee required to attend court at a time which is continuous with his/her scheduled work shift (i.e., before or after his/her scheduled work shift) shall be paid at his/her straight time or time and one-half rate, whichever is applicable. The two (2) hour minimum shall not apply. The Department reserves the right to institute any - 43 — FPDOCS FP 36539721.1 procedure or system it deems appropriate to measure, record, and/or verify attendance at and duration of off-duty court appearances. Strict compliance with any procedure or system so instituted by the Department shall be a condition precedent to obtaining compensation for an off-duty court appearance. False or inaccurate statements concerning verification of court time will be grounds for disciplinary action up to and including discharge. Section 3. Stand -By duty shall not be considered hours worked unless mandated by the Fair Labor Standards Act. Bargaining Unit employees who are required to perform stand- by duties as assigned by a supervisor shall be compensated in accordance with 2.62 Stand -By Time Policy as it applies and is written the date this agreement becomes effective. - 44 - FPDOCS FP 36539721.1 NUICLE 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. - 45 - FPDOCS FP 36539721.1 ARTICLE 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. - 46 - FPDOCS FP 36539721.1 RIFICI. IIS 31 va r:a rinN Section 1. Employees covered hereunder shall be provided annual vacation leave in accordance with the vacation leave provisions of the City of Sanford Personnel Rules and Regulations -adopted March 2001; provided that the application of Section 2.43, Vacation Policy, in the Human Resources Manual Personnel Rules and Regulations adopted March 2001, shall be modified for FOP collective bargaining unit members as follows: Section 2. The maximum amount of annual leave a FOP collective bargaining unit member may have to their credit on October 1, 2015 and every October 1 thereafter is 400 hours for an employee with 11 or more years of service and 340 hours for an employee with 10 years of service or less. Section 3. For the purpose of this article annual leave and vacation leave shall be the same. Section 4. The maximum amount of vacation leave for payment upon resignation or retirement, i.e. the amount an employee would accrue in 1-Y2 years, shall remain the same and unchanged. Section 5. In order to allow collective bargaining unit members the opportunity to utilize vacation hours in excess of the above maximums the City agrees to the following: (a) A review committee consisting of the City Manager or his designee, the Police Chief and a member of the collective bargaining unit will meet in April and September of each year to review levels and usage of vacation hours and discuss any issues with usage and scheduling. (b) Commencing October 1, 2015 and each fiscal year thereafter, the City Manager or his designee may, at his discretion, consider payment of vacation hours in excess of the maximums allowable based upon recommendation by the Police Chief. Any payment made for excess vacation hours will be made at an employee's current rate of pay on the basis of 1 hour paid for each 1 hour of vacation accrued in excess of the maximum allowable. - 47 - FPDOCS FP 36539721.1 ARTICIILE 32 HOLIDAYS: Section 1. Except as specified in Sections 2, 3 and 4 below, all holidays shall be treated in accordance with the holiday provisions of the City of Sanford Personnel Rules and Regulations applicable to the employees covered hereunder and in effect on the effective date of this Agreement. Section 2. Bargaining unit employees who work on Thanksgiving Day, Friday following Thanksgiving, Christmas Eve, Christmas Day, New Year's Day, Martin Luther King Day, Memorial Day, Independence Day and Labor Day i.e. City recognized Holidays shall qualify for holiday pay in accordance with the following. In addition to the amount of pay typically to be received for working that shift, a bargaining unit employee shall receive an additional amount equal to one half (1/2) times his/her normal rate for all hours actually worked on these holidays. Section 3. Bargaining unit employees who are scheduled to work on the nine (9) City recognized holidays may request that day off as "Holiday Leave" prior to the said holiday. Said request may be granted (staffing permitted) by their immediate supervisor for non - patrol shift personnel. Shift personnel may request "Holiday Leave" prior to the date but it would not be granted until such time (the day/evening of said) and manning for that shift has been met. Those required to report for work and are subsequently sent home (staffing permitted) may be granted a paid holiday for the remainder of their scheduled shift if approved by the Chief of Police or his designee. The intent is to allow as many employees as possible to be able to spend the holiday with their family. Section 4. Bargaining unit employees who are on a regular day off on the nine (9) City recognized holidays will not receive any additional compensation. Bargaining unit employees who request and are approved for leave time prior to their scheduled shift on the nine (9) City recognized holidays will not receive any additional compensation or additional paid holiday time. - 48 - FPDOCS FP 36539721.1 R""'ll`'III(IE 33 SICK LFA VF 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. - 49 - FPDOCS FP 36539721.1 RTICLJE 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. - 50 - FPDOCS FP 36539721.1 II 'w ll"IlCIII,,..E, 3. 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,. - 51 - FPDOCS FP 36539721.1 ARTICLE 36 WAGES Section 1. A. FY 19-20. Effective and retroactive to the first full payroll period after October 1, 2019, bargaining unit employees will receive the salary increase reflected in Appendix A for FY 2019-2020. In addition, as soon as in practical following ratification of this agreement, each member will receive a one-time, lump sum increase equal to $500.00 which will not be added to their base pay. B. FY 20-21. Effective the first full payroll period after October 1, 2020, bargaining unit employees will receive the salary increase reflected in Appendix A for FY 2020-2021. In addition, as soon as in practical following October 1, 2020, each member will receive a one-time, lump sum increase equal to $500.00 which will not be added to their base pay. C. FY 21-22. Effective and FetreaGtiye the first full payroll period after October 1, 2021, bargaining unit employees will receive the salary increase reflected in Appendix A for FY 2049-244-9 9 2021-2022. D. Officers and Sergeants hired or promoted after ratification of this agreement shall be compensated according to Appendix F of the contract. E. Effective October 1, 2019 the starting pay for new officers shall be $43,303.52. This shall remain the starting pay for any officer hired through September 30, 2021. F. Educational Incentives are added to base salary: Associate - $ 500 per year Bachelor - $1000 per year Master - $1500 per year Section 2. The wage increases described above shall be the only wage increases of any kind for Fiscal Years 2019-2020, 2020-2021, 2021-2022. Any waqe increases after September 30, 2022 shall be limited to whatever wage increase (step plan, bonus, wage increase, market adjustment, etc.) is specifically negotiated by the City and the Union. - 52 - FPDOCS FP 36539721.1 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, - 53 - FPDOCS FP 36539721.1 AP 11CLE 3' SPECIAL ASSIGNMENT PAY Section 1. The Police Chief may designate an employee to be an official Departmental interpreter. Said bilingual employee shall request in writing to the Chief of Police to become an official Departmental interpreter. All Department interpreters must pass a departmentally approved language fluency test. If the Chief of Police designates an employee to be an official Departmental interpreter, the employee shall receive twenty dollars ($20.00) per pay period (bi-weekly). No employee shall be entitled to the aforesaid additional pay unless he/she has been designated an official Departmental interpreter by the Police Chief in writing. Section 2. The City agrees to supplement those bargaining unit employees with a one hundred dollar ($100.00) monthly shift differential who are permanently assigned to Midnight Shift Patrol. Section 3. The Police Chief, or his designee shall designate qualified police officers to serve in a capacity of Field Training Officer (FTO). Field Training Officers so designated shall receive an additional $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. - 54 - FPDOCS FP 36539721.1 AR cL,, 38 1 , I he parties acknowledge that during negotiations which resulted in this agreement, agreementsthe unlimited right and opportunity to make demands and proposals with respect to any Subject ormatter not removed by law from the area of collective bargaining, and that the understandings and 77MMM—,Tffe—pa—Mes ffe-Tre—tomay 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 ai,16, approval by the City Commission and on October 1, 2019 and expire on September 30, 2022, 3. The wages set forth in Article 36 shall automatically expire on September 30, 2022. Wage incre. ases, if any, after September 30, 2022 shall be negotiated between the City and the Union. replaces4, 1 -he parties agree that this agreement supersedes and Fiscal Year 2017-2019, Y: ,­ .­:,� aorto Bonap te, Jr. City anagar George Flachigian FOP State StafRfp�px efientative son B 'n ... FOP L ge #140 Union Steward ... 5 5 .... Last Name FPDOCS FP 36539721.1 First Name JEAN APPENDIX A - 56 - W&WAFNIMUM N MERZOYAN .. ...... VANEEK $ 4,8,709M $ 50,558.30 MUNOZ ...... . GUSTAVO $ 48,209,91 $ - ._ 50,058.30 QUINN . GREGORY ....-ro.._._.......... $ 48,709b91 50,558,30 --50,658.30 NELSON ....... -. ADAM ......___ � 4%709,91 �,�.�.. $ �...... COREY......... TIMOTHY ......... 9,9 $ IRIZARRY �. CHRISTOPHER ........ $ _mm..4.82-0, 48,709,9 ....50,,55830 50,058,30 NOFFKE SEAN $ ��,.W_.......---- 48,09.91 $ 50,,558,30 PIZARRO ......... JOSE --------------- --- - --------------- - - - $ 48,9,91 $ — .._......... 50,558.30 YOUNG mm CORNELIUS ......... ........ $ ,48_,.7w, 091 $50,55830 REGN _........ SARAH $ 48'709.91 ....m. ..W._. ......_ $ 50,6x58,30 HUNDEMANN _ R. OBERT A. $ 48,"09,91 $ � ...... 50,658,30 KRUPA — KYLE $ ,,' 480'09,91 $_ 50,558.30 NETTLES SHARON - _ 4,8,70%91 .$ � 50.,558.30 FRENCH . CHRISTOPHER $ 48,940 21 $ 50,� 897 82. COLLINS a ERIC .. -.. ........ $_ 4.8._,940,21 5,897 DEMASTUS ......... -- KOREY ..._....... $ , 48,940.21 ., $ 50,897,82 GU... NN ......-. JOSHUA $ _ .._ ,...,. ..-48,94021 - $ 111,11-1.150.. 0 ,897,8'2. HILL — _ SEAN $ _. 48,940.21; $ '897',82 7-.82 INOA AMELIA_......... 48,940.21$ 5 GOMEZ IMICHAEL $ 48,94U1 $ .......... 50,891.82. MANSO CRISTOBAL $ 48,94021:$ 50,897,82. SALGADO ..... __ JOSE $ 48,940 21 $ 50,891.8'2 BROWN NICOLE -- _, $ .; 48,940.21 A. m48, .w�.:.�. - $ 50,897,'82 THOMAS DAVID $ 940.21 $ 0 897,�.8.�.. 50,897,82 2 LUNDQUIST GARRETT ......,.mm $ 48,940,21 $ 50,897.82. LYNCH _.......... .......... . ....,... SEAN .. ........- $ n.. ,...... 49,170.52 $ ..n, 51,13 7.34 wm.... GARCIA ... OTTO....... ...- $ , 49,170.52 51,137 34 RIVERA -----------....... ERIC ------- -- $ 490170.52 $ 51.,137,34 VAZQUEZ -... ELLIOT $ 49,170.5_2 $ 51.,137.34 GIGLIETTA JUSTIN .................. $A. 49,170,52 $ 51,137.34 IVANOV IVAN $ 49,170.542 ��,. 51,137.34 JOSEPH DENVER -- $ . n 49,170 52 __. $ 51,_1.37.3'4 COOK ANTHONY ..... $ 49,400.83 51,375,85 SMITH JENNA $ 49,400,83 $ 51,375,85 ALLBRITTON KEATON _ $ 49,400.83 .._.. _...... $ ... 51,375.85 .. FLANAGAN .. BRENT... $ - 49,400.8_ _ ,... $ __.. 51.,375.85 PO P DORU $ 49,40083 $ 51,375.85 - 57 - FPDOCS FP 36539721.1 OULI .......- - CHAFIC ................---- ---- -- $ 49,400.3 $ 51,376,86 ROBINSON AUSTIN $ 49,40U3 $ — 1111. 51,376.36 ZEMBOWER --..._.-...... _ ... JARROD ,,1111., 1111. $ 49, 31 Y 13 -... $ 51, 616.3 ......... BOUTELLE _ .. ADAM - _. $ 45,631„1.3 �. $ --- ,51,616 33 FLANAGAN ......._ BRIAN $ .. 49,131,„1,3 �..,,an ... $ 51--- - 3 HARRISON ........ �� WILLIAM _111.1.. $ 49,631.13 ...._. $ _._ 51616.33 , DURKEE _........... ROBERT $ 52"*77»4 .,, . .,..... 54,734.57 FLOWERS ........... — DONALD -_.W.v.-- ... � 52,077,47 $ ...54,784.57 MEAD MEAD -- �... JONATHAN ...... $ �......_ 5Z,677µ4.7 �.,..... W.. $ ,.,.......- 54,734„57' MURRAY 11.11.,.. ........ JACK $ m.... 52,w77.47 _1111 $ 54 7'34.57 NLEY ROBERT $ ._, m 52,677„47 ....� $ _11.11 54,734.57 MORGAN ALFRED $ 54, ,64.79 .... —------- 56,331.3 --- ---... _.....�...... 54,64.79 $ ... 56,331.33 JOHNSON ADAM 54,1.64,79 $ 56,331.33 TOWNSEND TAMMY 55,6963 1 $ 5_7_,924,1.6 KUCHCINSKI ............ ...._..— ROBERT TT. M .5,6x96,31 ...... 570924.16 GUERRA . ®. JOE —..._ � 57 274,19 ` � e„ 1111. $ --- 59,565.16 NATION PHILIP ......... .......... $ ....a 57,274.19 $ 59,565,1.6 SMART HEATHER 60,572.92 $ 62,995.33 WALKER - - . . MATTHEW $ 57,274.19 $ 59,565.16 BOLEWARE _........... SHANNON ......... $ _1111.. 57,274J9 m $ 59,56516 BOWEN .... .............................. JASON ...... $ ..�.$�.. 53,898.92 - $ .. - - - 61,254.33 1111. GENTRY _ ..�. CHARLES ........-.,r 60,572,92 -- 62,995.33 ROSADO HECTOR $ 69,572,92 __............. $ -- 62,995 33 ... .,.n,.... .�. TAYLOR ............ --1111- 1111. �.� LONNIE _. 1111 $ 62,297.38.....—$ _...... 64 739.28. N NEAL ............... —......._— RONNY ...... - $ 62 297.33 $ ------ �.. 64a-.739,23 RIVERA PEDRO 62,297-38 $ - -- 64,7... BERNOSKY THOMAS $ 64,073.53 ... �m , _. 66,636.47 DIFATTA JR .. m. JOHN _ m $�� 65,901.5$ .w.w,�w,.,_. 8, 37 .. w 6 3,537.66 LEMAN.... TINA $ 65,'901.59 $ _.m.. 63,537.66 ERWIN WILLIAM $ 65,991,59 $ 63,537.66 MACDONALD ......... TROY ......__ $._ 67,735,68 $ 70,49711 BLANCETTJR .........---------- LAWRENCE - -1111 . .1.111.__ $ mm..m .._ 67 735„63 1111. . $ --- - - 70,497.11 TH.,.,, ORNTON MAT1 HEW $ 67,735,63 �.... $ ...... .....--- 70,497,1,1„ �.,. Ser wants MEMMINGER JOSHUA $ 57,933.04 $ ----- 60,255.56 JUSTINIANO SANJUANITA $ 60,161.18 $ 1111. 62,567.63 FPDOCS FP 36539721.1 - 59 - FPDOCS FP 36539721.1 Eoijugmel I. Purpose The purpose of the discipline matrix is to establish guidelines for police supervisors and officers in determining a recommended level of discipline including, but not inclusive to, each of the infractions identified in the matrix. The matrix is to be a guideline based on the general principles of progressive discipline. There may be instances where the matrix does not address a situation or related facts and where discretionary authority will be used to determine the proper discipline. II. Complaint and Investigation Upon receipt of a complaint against an employee, the established disciplinary procedures will be followed. If, at the conclusion of the investigation by the Office of Professional Standards the complaint is sustained, the recommendation for disciplinary action shall be based on this matrix III. Presentation of Disciplinary Decision When the OPS report has been submitted through the chain of command, the Chief of Police will make the final determination on the discipline to be given to the employee. IV. Discipline Decision Maker In making a determination of discipline, the Chief of Police shall consider the following: • Severity of the infraction Employee's past "sustained" violations (Progressive discipline shall be awarded for similar violations) The discipline matrix In all instances, the Chief of Police has the discretionary authority: • To increase or decrease disciplinary action up to and including termination for egregious violations regardless of the standard established in the matrix. • To determine the proper discipline for infractions that may not be listed in this matrix consistent with the guidelines as outlined here. V. No Precedent Established Furthermore, the implementation of a level of discipline in a particular case will not establish precedent for future action for similar violations. VI. Aged Disciplines - 60 — FPDOCS FP 36539721.1 Previous disciplinary action against an officer will generally not be considered if the last disciplinary action is ten years or older. Previous disciplinary action regarding traffic crashes will generally not be considered if the last disciplinary action is five years or older. R&R ........ ........... ... .............. T _ itle Suggested Number Discipline Level .- Formal Or �amzat>on _ _-. .................. N/A ........ ....... ..---------- 1111-11",00-2 Chief of Police N/A 100-3 _.... m Acting Chief of Police ��.. � N...... /A 100-4 .. Chief's Command Staff N/A 100-5 5­111-1-1I'll ._.. -- Sanford Police Depardment Supp r visory Staff ......--- - -- N/A _...... 100-6 Comma 1clu"rr Officers N/A 100-7 Spc oOfficers N/A 100.-8 .... __...._. ........... �1n°..r.rsor s _.....--- N/A 100-9 -- ....., ..__.... - ...... ... .... ....._.. — - ........ 6 uties of S Supervisory Members D. . -- N/A 100-10 . ... ...-- Duties of Non -Supervisory Members .............. .. -_.. N/A 100-1-1-- ..... Shrcc>aleOffice r .............. ---- N/A 100-12 ... — ............. ........_ - Command Protocol _ ... ... ............................................. N/A 100-13 ....... ....... _..... Anti NepotismN/A ........... 100-14 -- ..................................-- Prohibited Relations; A) Supervisor and Subordinate _...................,, . A) 3 .... , ...,.... B) Two I �l-t1,.tl E111ployccs — 11l 2 100-15 _..,,.. ,., — Oath of Office .. - N/A 200-1 .. ......... ....... _,.......... ......... Standards of Conduct ........ ......- 3 200-2 ....... ..--- .. .. _.... Assistance 1 200-3 ..._._ _........... ........ General Responsibilities 1 ..... .._...._.... .............. ___, 1 200-41)uty — ......--- - _ Respotlsibilities/Assignments ........ _..................... ............... - 2 200-5A .... . Substandard Performance (lr�r� onipetenc�) .......------- 3 200-5. ....... ...- — Substandard Performance (Carelessness) ......... _ - 2 200-6 ..... - ..e... .,. Insubordination ........ ......- 4 200-7 ..... .._.__.- ...................................................- K Knowledge and Obedience of Laws and Regulations ---- -- .. 200-8 .. _........ Reporting Violations of Laws, Ordinances, Rules, or Orders by - ....... 3 Members or E11-1219yces - 200 9 Conduct Toward Su ��,nor or Subordinate Off 1 kers 2 200-10 _ Criticism 1 200 11 .. _ ....._. Manner of Isstlti1 Orders 1 200-12 Obedience to Unlawful Orders 2 200 -13 ._ — ..................._ Obedience to Uniust, Unreasonable, or Improper Orders 1 200-14 _ .� ...... �.. ........ -- Conflicting Orders -----. -- _... 1 200-15 Reports and A����eals to Unlawful, Unjust, or juproper Orders 1 - 61 — FPDOCS FP 36539721.1 ... __... 200-16 - - __ .... m Gifts,,, Gratuities, Fees, Lo�ati.s, Solicitin , Etc ...... 2 200-17 --- ---..,___ Acct ptaa ce of (hilts, Gratuities, Fees, Loans � __ .. ............ ---- 3 200-18 _ ---..... - —........ Gifts from Certain Classes of Citizens .- 3 200-19 ...._._._ ...........__ _ ._......... --- _ ......... Rewards ............................ ..... 2 200-20 _. ... -. D isposition of Unauthorized Gifts Gratuities, Etc. ....._.— 2 200-21 -- ..-- . ...._.. - _,_. FreeAdmission and Passes ........---- ----.. 2 200-22 ....... ........ ....._......... City Ethics Policy' Code/Canons of Police Ethics ................. Do Not ........... . Chane ..__._... 200-23 Sexual or Racial Harassment 3 300-1 P­111111rohibited Activity on I)La y; 1-8 3 300-2 _ .__....-. ..--- __ National Colors and Anthem .. ........-------- 1 300-3 --- Roll Call .......... 1 300-4 . .. ._._- __. ........ -- Relief __,_..-.......... ................---- 1 300-5 -. .. m .. ..... ....... ....._.__ ................. ...---- Meals - 1 300-6 .-- ....... .._....-- Rep,.a "... ........ 300-7 .....- _._..___ .. Absence from l)wy .................. M 2 300-8 .... ............... ........ ........ -----. Physical Fitness for Duty .,,..,..,...... , ,..,,.... .... . Do Not .... ...._. ... ... --- - Charge ....... ... 300-9 Intoxicants and Consoaa3tat7�a of Into . �........_........ 3 300-10 Smoking and Use of Tobacco Products on Duty; A) Prior to A) 2 02/01 • B) After 02/01 r....=........................- ....... m �m. B) 3 ....._.. 300-11 -- Presence at Unauthorized Places 2 300-12 _ ... ---- - _. Marital Status, Address and Teleplitane Numbers ....... ....... 1 300-13 _ _ - Residency Requirements 1 300-14 -- Strikes - Work Sto1l4acs Prohibited _.. .. ............................. 3 -- 300-15 Impartial Attitude and actions 2 300-16 ..... .... ..- --- ------ ........ ------ - .__. Czar ani for Lost, Helpless, 1_LIt LHed or Ill Persons ,. ......... 2 300-17 - Availability When on Mitt' 2 A, .m . 300-18 . _.-- ........---_.... RespotictipV, to Calls __ . ................... 2 300-19 -- .. _ _— ...... _ Compensation for Damages Sustained on I) tity �.. 1 300-20 1cioataaag Sick Time 3 300-21 Unauthorized Use of City i;clatilra�acrat 3 400-1 . .---- .... _....... Uniliann 1. uilmnew and A araance . _ ..._............................ -- - 2 400-2 ....... Hair Styles �� 1 400-3 . .... - ....... ..m Wearing the Uniform .. ...... 1 400-4 .. �. ..... ...... _ ._.----............. Issued Leather .. ---- 1 400-5 Manner of Dress On l ) aat � m .. �.. ......._. 1 400-6 - ............. _ - _. .... Civilian Clothin Manner of Dress ........ ...... 1 400-7 _ ...._... --- - - ------ ��� .. Re isterin , Firearms with the Delaa°tment --- 2 400-8 Off-Duty Firearms and Police Identification 2 - 62 — FPDOCS FP 36539721.1 400-9 . .... ................. Firearms Dilpl�y and Discharr °c ....... --- 3 400-10 . .... -- -. Use of Impact Weapons and Chemical Agents — - 2 400-1..1. A............................................................-------- ............_ Iteration of Firearms and Ammunition ....... 2 400-12 - ... .. y ........................--......-- _ 1,qui ptll.ent l�cr aired on Duty -- 2 500-1 ..... _. _ ........m_1 Delrne ojjrtyanclu.. -_._ ......-------- 2 - -- - 500-2 Care of Department Buikiii1g_ 2 500-3Notices .... ..... - - - -- .-- - - ............... 1 500-4 .............-- ------ ......... n . .�.�.. ......... -- - - - - Directives Maintenance . . ............... .......... 1 500-5 _ v_._. i _ Surrender of D� parr tnpr upt Pr ca a t ° - Civil 500-6 .. - Safe Driving of Police Vehicles 500-7 — ncerns l�c�pair_of Vehicles kph Private Co... -- 500-8 - .. Translp:artrng_Citizens -------------- - . 1 500-9Management Prerogatives, Department Assigned Equipment Do Not -- --- --- _ Charge 500. -10 1)epartinci t Tele.p1i��r��s 2 500-11 ...... Valid Driver's License l��rlrrrr�d 2 �.., ......... 500-12 - - ...... -- --------,_. Use of City Equipment While Participating in Public 3 Demonstrations 600-1 .......__ .....---------........ __ .._. .m. Restrictions ......... .m 1 600-2 .... --- __.... .. ....._ Forwardim Communications To Higlper Commands 2 1111-111 .._ 600-3 --- Department Address (Private Use 0I) _ 1 600-4 .... Radio Discipline2 ................. ......... 700-1Death ....... ....- or Serious l�rjr.rry --- 2 700 2 Non Serious IMr�rNty' 1 700-3 ........ .--- --- ...... _......,,.., Notification of family1 .........---....._ -_ 800-1 .. ..... . -. ...... .—_ .....---- ................... Investiga l ions2 ............ - - 800-2Arrests -- - 3 800-3 ....... ..__...._ Re Reporting Criminal p g 'urinal Information A) 2; B) 2; C) 3 800-4 -- _ —._ ..... Trans�_rrtraa Prisoners 2 800-5 - — ....... ----------- --- Deadly Force .....,. 3 800-6 ...... - -------------- .........., ®..m.. Resisting Arrest Charges _.. ......... ......... 2 800-7 ............ .. ... .................. _-------.._._...------__ _ _ ........... ®_ . one ­­ - _-----__ ..................... N/A ........ 800-8 . ....... -- - _ _ __ -------- ......_ ..........................--- None ..... _ N/A 800-9 _ . .....---------- ------------ _---------m.. Identification as Police Officer ......... 2 800-10 .......—.. - - ,_. ................... False Reports and Bookings _ 1 _ ......-------- _____.... , .. �..�... 3 .......... 800-11 None N/A 800 12 - Security of Dcpartment Business ........ ...-- - --. - 1 800-13 . C cbrppl-1 omising Criminal and Administration Cases .........--- 3 ... 800. 14 m . � g ... .............. Recommendin Attcprrtr and Bail Bond Brokers Prohibited _ ...,,_�. ___.... - --- - , ......... ..... ..... ..... ...... 3 -- — 63 — FPDOCS FP 36539721.1 800-15 Acting as Bondsmen Prohibited 3 800-16 Dismissal of Charges by Officers 2 800-17 Releasing Arrested Persons Without Bail 2 900-1 Commercial Testimonials 1 900-2 Off -Duty and Extra -Duty Employment 3 900-3 Political Activities 1 900-4 Personal Preferment 3 900-5 Conduct Toward the Public 3 1000-1 Court Appearances and Acceptance of Subpoena 2 1000-2 Testifying for the Department 1 1000-3 Departmental Investigations: Testifying 2 1000-4 Truthfulness 4 1000-5 Civil Cases 2 1000-6 Court Attendance While on Duty 2 LEVELS OF DISCIPLINE • Training, counseling and other non -disciplinary actions listed below are included in all levels of discipline; however, none are a form of formal discipline. Corrective Action Options - Non -disciplinary • Remedial training and/or • Education and/or • Verbal Counseling and/or • Voluntary restitution and/or • Psychological Services and/or • Other non -disciplinary action and • Notation in Annual Evaluation (PMP) A. Level 1 1. Description (a) First occurrence of minor violations (b) Repeated or similar misconduct enhances the 2°d violation to level 2 2. Discipline Options (a) Corrective Action Options - Non Disciplinary B. Level 2 1. Description FPDOCS FP 36539721.1 - 64 — C. Level 3 (a) First occurrence of Level 2 violation (b) Enhanced violation from Level 1 (c) Repeated or similar misconduct enhances the 2°d violation to Level 3 2. Discipline Options (a) Written Reprimand 1. Description (a) First occurrence of Level 3 violation (b) Enhanced violation from Level 2 (c) Repented or similar misconduct enhances the violation to level 4. 2. Discipline Options (a) 8.6 hours to 96.6—hours suspension without pay D. Level 4 1. Description (a) First occurrence of Level 4 violation (b) Enhanced violation from Level 3 2. Discipline Options (a) 96.6 hours to 172 hours suspension without pay or (b) Demotion (c) Termination - 65 — FPDOCS FP 36539721.1 APPENDIX C New Cooper Age and Gender Base Standards for Law Enforcement Dynamic Strength (One Minute Sit Ups) Males % Category -20 -49 50-59 60+ 62+ 51+ 47+ 43+ . ... . ........... . Superior 62 55 51 47 43 Now Excellent gg 50 46 42 37 33 48 - ------- -4-5--"' . ..... . . ............. 4"-1"--"" 1-36 . C) . . . .. . .......... . ..... ... . . ........... . . . .. . . Good 48 44 40 35 30 24 ---------- .. .. . ... . .... ................... 47 42 39 34 28 'A 46 41 37 32 27 -- - - ---------- - 45 40 36 31 26 20 .... . ....... . . 42 39 36 Fair 25 19 41 38 35 29 24 1 39 37 33 28 22 18 . ... . ........... 38 35 32 27 21 . . .......... - ........ ... .. .. . . ...... ... . ..........---- - - ------------ . ..... . ... ........... Z" Poor 37 35 31 26 20 16ir ...... . ..... . ..... . ........ 36 33 30 24 19 34 32 28 22 17 33 30 26 22 15 10 10 i . . ..... . ..... . . . . ..... .. . .......... . ... . ..... . ........... — - - ------------- Very Poor 27 2723 17 12 . ..... . --------- - - - - - - -------- - . . . ........ -27 -27 -23 -17 .-12 Total n = 4,471 Resources: The Cooper Institute of Dallas, Texas - 66 - FPDOCS FP 36539721.1 New Cooper Age and Gender Base Standards for Law Enforcement Dynamic Strength (One Minute Sit Ups) Females Category '-20 30-39 40-49 50-59 60+ 55+ 51+ 42+ 38+ 30+ . ......... 55 51 42 38ra 30 a Superior Y/�gagyzr� P, a g 7 . . ........ 10"MI, _11 MY/ EBENEZER 54 49 40 34 29 —­­­ """ . . . . .. .............. . . . — ------ 49 45 �8 25 it --------------- 46 44 35 29-- 24 17 zggg .. .. .. . . .. 511, Ell 2 40 42 33 28 22 38 41 32 27 22 ..... . .... .... . — ------ ---- ---- Good 37 39 30 25 21 3638 29 24 20 ............. /11 ... .. .......... ....... . "LV` "J" WM/41W 35 37 28 23 19 10 1j,f . .. . ........ 34 35 27 22 17 i8a 4 Fair 34 34 26 21 16 8 . . ..................... --------_....._.m....., ... ............ . . 32 32 25 20 14 6 4, h 30 31 24 19 12 5 ......... . .. 29 30 22 17 12 4 . ...... ... . .. . .......... ...... .. . .. . . ...... . .... .,...... Poor 29 28 21 16 11 4 ........... ---- — -- .............. 28 24 20 14 10 3 R z/1, raw g Z/"/"',';'&",/ "21 IN 27 23 18 13 2 15,.E ... .............. .. 25 21 15 10 6 1 .. .. .. .. .. . " h Very Poor 25 18 11 75 0 - ----- . ..... . . . . . . . . ...... ....... . ........ ------------ -25-1-111-IJ -18 -11 -7 -5 0 Total n = 860 Resources: The Cooper Institute of Dallas, Texas - 67 — FPDOCS FP 36539721.1 New Cooper Age and Gender Base Standards for Law Enforcement *300 Meter Run (Measured in Seconds) Males % Category 20 - 29 30-39 40-49 60-59 --59+ 4M 42 47 52 Superior 0 46 46.1 52 58 K g IN ,7"' �/ggng 91 . ...... .. 48 49 55 1 61 01" 49 50 56 63 it 50.3 51 57 .. ..... ... . . .... 51 52 6068 52 53 61 70� ..... ...... . ...... 53.5 54 62 72 1 Good . .... . . . ............ . . . ..... . ....... 54 55 64 74 . ... ... .... - . ... . . .. ...... ......... /�M-, /OW 55 56 66 77.4 56 57 67 6 80 50 -- --- Fair 57.5 58 70 82.6 59 58.9 72 8:3.2 4,0 60 61 74.8 85 62.1 63 77 87 �3O . ...... . - -. ----- - Poor 64 65 81 89 ",25', 1 66 68 83 95 20 9 70 86 99 73.4 74 9 90 101.6 .. . ......... Very Poor 813 80.9 104 112 95.1 113.9 143 184 *These norms are based on a small sample of police officers (n=500) and should be used cautiously **No data gathered, Resources: The Cooper Institute of Dallas, Texas - 68 — FPDOCS Flo 36539721.1 New Cooper Age and Gender Base Standards for Law Enforcement *300 Meter Run (Measured in Seconds) Females % Category 20 - 29 !T - 49 **50 - 59 **59+ 54 5565 ii'j 54.356.5 ........... . 65 VZ11Y(6'1z'Superior 60 , 56 60 66 58 63.5 68.2 j5 n Excellent 58,3 66 72 593 66.5 72 60 68 75 3 Good 61 69 9 78 7 61 71 7-9 /,/ ... .... .. .. 62.7 72 80.5 64 74 86 Fair 68.5 75.5 913 71 79 94 ........ . 80.5 101.8 ... ... .... --- — ----- 75 82 106.7 76 Poor 85.5 109.3 . ....... — — — ------ 78 86 110 A, .. . . ... . . 88 93.5 116 . .......... — — ----- .......... . 97 100 121.5 .......... . Very Poor 106.7 114 126 . .......... ..... . . .......... . . ..... 120 210 125 *These norms are based on a small sample of police officers (n=500) and should be used cautiously **No data gathered, Resources: The Cooper Institute of Dallas, Texas - 69 — FPDOCS FP 36539721.1 New Cooper Age and Gender Base Standards for Law Enforcement Dynamic Strength (One Minute Push Ups) Male % Category 20-29 30-39 1 40-49 50-59 60+ 100 86 64 51 39 62 52 40 39 28Superior 57 46 36 51 41 34 Excellent 47 39 30 Hill / . ///.r. 44 36 29 24 41 34 26 21 �,_. ..._ m _ ........ _..__.,. ......... .... // Good 39 31......_ ..... 25 20 20 __. _... 37 30 24 ... ! ..�........e..._. ...� r 9 18 6 35 29 22 17 16 33 27 21 15 15 0, __ �...._._.. .,.....�.. Fair 31 �25 19 4 12 S 'v 29 24 18 3 10O %/D / / %�/ 27 21 16 11 9 w��_ ............. w_F . __._. 26 20 15 10 80, ��_ �.............u�� 24 1913 9.5 7 Poor 22 17 11 9 6 r ////z 19 15 10 7 5 18 13 9 6 4 Very Poor ..... �.w. _ m_ ............. �.� �_ _.m.. ..... ... _......... ...... . . ...... J 13 9 5 3 2 Resources: The Cooper Institute of Dallas, Texas 70 — FPDOCS FP 36539721.1 New Cooper Age and Gender Base Standards for Law Enforcement Dynamic Strength (One Minute Push Ups) Female % Category *20 - 29 *30 - 39 *40 - 49 **50 - 59 **60+ 53 48 23 Su enor r / 42 39.5 20 n rrra / 37 33 18 ..._- _... ...... __e..�_ 33 26 17 /Oy Excellent 28 23 15 rj /i 27 19 15 2 24 18 14 Good 23 16 13 21 15 13 19 14 11 y„w a. _......,......-__...-_.,— -y -.._....._. 18 14 11? _ ........�. � -w � _ �. � _ .......,.., � Fair 17 13 10 _.. ..._..... .......m . _. _._. ..... ..... ... ............... 15 11 9 j 14 10 .... 8 3a u 9 7 13 _. .--- -. ..- ., ... Poor 10 8 6 I 6�5 5 8 6 4 .... .m ......—... _ .._ ..m.---------- Very Poor 6 4 1 *Full body push ups are generally used by law enforcement and public safety organizations These nomas are based on >1000 female U.S. Army soldiers who were tested in the 1990's by the U.S.Army. **No data gathered. Resources: The Cooper Institute of Dallas, Texas - 71 — FPDOCS FP 36539721.1 New Cooper Age and Gender Base Standards for Law Enforcement Cardiorespiratory Fitness Test (1.5 Mile Run) Male % Category 20-29 30-39 40-49 50-59 60-69 1 70-79 ON MIX Milli I IN 1 01111 11:09 12:10 13:25 11:45 12:53 Excellent 12:08 13:25 Good 11:09 11:34 11:58 13:25 14:55 1 11:34 11:58 12:53 13:58 15:53 18: 11:58 12:25 13:05 14:33 16:19 18:3 — Fair 12:11 12�44 13:25 14:35 16:46 19:19 12:53 13:25 14:10 15:53 17:49 20:28 13:08 13:48 14:33 16:16 18:39 21:28 1325 14:10 15:00 16A6 19:10 22:22 13:58 14:33 15:32 17:30 2013 23:55 14:33 15:14 16:09 18:22 21:34 25:49:00 J 16:46 17:30 18:39 25:58:00 30:34-.00 22:22 27:08 00 20:55 20:55 31:59:00 33:3 Total n = 44,549 Resources: The Cooper Institute of Dallas, Texas -72- FpoOCa New Cooper Age and Gender Base Standards for Law Enforcement Cardiorespiratory Fitness Test (1.5 Mile Run) Female % Category 20-29 30-39 40-49 50-59 60-69 70-79 9:23 9:52 10:09 11:34 12:25 10:20 11�08 11-35 13:16 14:28 gu MR 10:59 11:43 12:25 13:58 15:32 11:34 12:23 13:14 14:33 16.22 cellent 11:56 12:53 13:38 15:14 16:46 18:0 12:07 13:08 13:58 17:34 18-39 12:51 13:41 14:33 16:26 18:05 13:01 13:58 15:03 16:46 18-39 13:25 14:33 15717 17:19 18-52 Jfa"gy/ 14:15 15:14 16:13 18�05 20:08 Fair 14:33 15:35 16:46 18:39 20:38 15,05 15,56 17,11 19-10 20�55 15:56 16:46 18:26 20:17 25:49: Poor 16:43 17:38 18:39 20:55 26:15:00 1711 18:18 19:43 21:57 23,55 2717: 0 17:53 19:01 20:49 22:53 25:02:00 27:55:00 18:39 20:13 21:52 23:55 26:32:00 30:34 21:05 21:57 23:27 26:15:00 29:06:00 33:32 25:17:00 25:10:00 27:55:00 30:34:00 33:05:00 37:26 Total n = 14,978 Resources: The Cooper Institute of Dallas, Texas - 73 — rPoOca FP 36539721.1 FLEXIBILITY - SIT AND REACH MALE (Measurement in inches) SUPERIOR - 20-29 30-39 40-49 50-59 9923 _- _ 22 21.3 20.5 9. 5 23 22 21.3 20.5 % EXCELLENT .......... 90 1 21.8 21. 20 19 85 21 20 19.3 18.3 80 20.5 19.5 1 - _..,_ 8.5 ..-_._.... w 17.5 _ % GOOD �.. 75 20 - ._.... 19 _..-,..m. 18 17 _. 70 19.5 18.5 17.5 16.5 65- 19.5 ...... 18 17,.-... 1 ...,,_ 60 18.5 17.5 16.3 15.5 _. FAIR 55 18 17 _ 16 15 .w.._ 50 �45 17.5 16.5 15.3 14.5 17 �...16 15 14 40 _._. ...... 16.5 �.- 15.5 14.3 13.3 % POOR 35 16 15 14 12.5 30 15.514.5 13.3 12 25 _ ......-is ... _ 13.8 12.511.2 20 - 14.4 13 _.__..12 10.5 % VERY POOR 1513.5 12 11 9-7 10 ...._.......�._......._....,,,,_.... 12.3 11 10 __.._.... 8.5 5 10.5 9.3 8.3 7 1 mm.._.._ 10.5 9.3 8.3 _.. 7 - 74 - FPDOCS FP 36539721.1 FLEXIBILITY - SIT AND REACH FEMALE (Measurement in inches) SUPERIOR 20-29 30-39 40-49- 50-59 1 3 20.5 95 23 22 21.3 20.5 ..� EXCELLENT ... _. _ .._ _.... 90 21.8 -...a 21 20 19... ......... 85 - 21 20 19.3 18.3 800/0 7.5 GOOD 75 20 19 18 70 19.5 18.5 17.5 16.5 65 19.5 18 17 16 60 18.5 17.5 16.3 15.5 FAIR 55 - .... �.� � 8 -.� ..� 17 16 15 50 - 17.5 -.m. 16.5 -. .... 15.3 _ m... 14.5 16 15 14 40 ._._.. . 16.5 15.5 14.3 13.3 % POOR 35 . ...... .....-...-.-_.. --•--....N_ 1.6 .... 15_._. 14 30 _._.�.__..__._.... __......15.5_._ 14.5 - 13.3 ._. _- .�.... ......... 12 25 15 13.8 12.5 11.2 20 14.4 13 12 10.5 % VERY POOR 15 13.5 12 11 9.7 10 .... -....- .� .-. 12.3 ..-..... 11 �._..... 10 �...._ __.._.... 8.5 5 ............_�..._ .-._....... .._.......... 10.5 _.-..........._ 9.3 8.37 1 10.5. ��......_..., 9-3 ....n .-.._.._8.3................��� ..........m 7 ..,.�.... - 75 - FPDOCS FP 36539721.1 Appendix D '9orida State Lodge Fraternal Order of Police GRIEVANCE FORM I Name of Employee: Classification: Immediate Supervisor: Date of Occurrence of Article Violation: Date of Discipline: STATEMENT OF GRIEVANCE: List ApplicableViolation: Adjustment Required: Fraternal Order of Police Florida State Lodge - 76 — FPDOCS FP 36539721.1 STEP ONE Date Signature of Employee / Representative Received by Chief or Designee 1 isposi° ,:a.on of ifiewrance: Accepted__ peed 1,e iected Date Comments may be attached Chief of Police or Designee Signature Date Received by Employee/Representative Date STEP TWO Date Signature of Employee / Representative Received by City Manager or Designee Disposition of Grievance: Accepted Rej ected Date Comments may be attached City Manager or Designee Signature Date Received by Employee/Representative Date ARBITRATION REQUEST Delivered by: Hand Certified Mail Date FOP Representative Signature:_ Final Disposition of Grievance: FOP Representative Signature: City Representative Signature: - 77 — FPDOCS FP 36539721.1 Date Date Appendix E Fraternal Order of Police SANFORD LODGE 140 Name: First Address: City, State, Zip code: Date of Birth: Home Phone: Email Address: (personal) Employer: Application for FOP Membership Fraternal/Legal/Labor Middle initial Social Security Number: (Last four) Work Phone: Date Employed: If retired Law Enforcement, Agency retired from: Date of retirement: To the Officers of the Fraternal Order of Police: Last I, (print your name), in the presence of the creator of the universe and the members of the Fraternal Order Of Police here assembled, do most solemnly and sincerely promise and swear; that I will to the best of my ability comply with all the laws and ruled of this order; that I will recognize the authority of my legally elected officers and abate all orders there from not in conflict with my religious or political views, or my rights as an American citizen; that I will not cheat, wrong, or defraud this order, or any member thereof, or permit the same to be done if in my power to prevent it; that I will at all to times aid and assist a brother (or sister0 in sickness or distress, so far as it lies in my power to do so; that I will not divulge any of the secrets of this order to anyone not entitled to receive them. To all of which I most solemnly and sincerely promise and swear. Should I violate this, my solemn oath or obligation, I hereby consent to be expelled from the order. I the undersigned, a full time, regularly employed law enforcement officer do hereby make application for active membership in the Sanford Lodge #140. If my membership should be revoked or discontinued for any cause other than retirement while in good standing, I do hereby agree to return to the said Sanford Lodge #140 my membership card and any other material bearing the F.O.P. insignia, such as auto emblem, lapel pin, etc. Signature: �.. Date: - 78 - FPDOCS FP 36539721.1 Appendix F 1. The CITY and the UNION agree that this Appendix shall act as covering the employment of Police Sergeants and Officers. 2. Anyone hired as a Police Officer by the CITY after complete ratification of the collective bargaining agreement ("CBA") but before October 1, 2020, and is not specifically referenced in Appendix A of the CBA, shall receive a three percent (3%) cost -of -living increase added to base pay effective the first full payroll period after October 1, 2020 and shall receive another three percent (3%) cost -of -living increase added to base pay effective the first payroll period after October 1, 2021. 3. Anyone hired as a Police Officer by the CITY on or after October 1, 2020 but before October 1, 2021, and is not specifically referenced in Appendix A of the CBA, shall receive a three percent (3%) cost -of - living increase added to base pay effective the first full payroll period after October 1, 2021. 4. Anyone promoted from Police Officer to Police Sergeant after the parties' complete ratification of the CBA but before October 1, 2020, shall receive a pay raise of ten percent (10%) at the time of promotion. In addition, anyone promoted to Police Sergeant under this scenario shall receive a four percent (4%) cost -of -living increase added to base pay effective the first full payroll period after October 1, 2020 and shall receive another three percent (3%) cost -of -living increase added to base pay effective the first full payroll period after October 1, 2021. Anyone promoted to Police Sergeant under this scenario shall not be entitled to any of the other pay increases referenced in the CBA. In particular, anyone promoted to Police Sergeant under this provision thereafter shall not be entitled to any wage increases specifically referenced for them under Appendix A to the CBA. 5. Anyone promoted from Police Officer to Police Sergeant on or after October 1, 2020 but before October 1, 2021, shall receive a pay raise of ten percent (10%) at the time of promotion. In addition, anyone promoted to Police Sergeant under this scenario shall receive a three percent (3%) cost -of -living increase added to base pay effective the first fuH payroll period after October 1, 2021. Anyone promoted to Police Sergeant under this scenario shall not be entitled to any of the other pay increases referenced in the CBA. In particular, anyone promoted to Police Sergeant under this provision thereafter shall not be entitled to any wage increases specifically referenced for them under Appendix A to the CBA. 6. Anyone hired as a Police Officer by the CITY after complete ratification of the CBA, and is not specifically identified in Appendix A to the CBA, is not entitled to receive any of the $500.00 lump sum increases referenced in Article 36 Sections I and 1B of the CBA. Anyone who is specifically identified within Appendix A of the CBA, whether promoted or not during the term of the CBA, shall receive the two $500.00 lump sum payments as are referenced in Article 36 Sections I and 1B of the CBA. - 79 — FPDOCS FP 36539721.1