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2451 Agreement - Sanford Firefighters (10/22 - 9/25)2451 AGREEMENT BETWEEN LOCAL 3996 IAFF (Fire Lieutenants) Effective (October 1 2022 to September 30, 2025) FP 45849933.1 TABLE OF CONTENTS ARTICLE 1: PREAMBLE I ARTICLE 2: RECOGNITION ............................................................................................ . ? ARTICLE 3: PREVAILING RIGHTS, RULES, AND REGULATIONS .........................3 ARTICLE 4: NON-DISCRIMINATION ............................................................................. 4 ARTICLE 5: STAFFING AND EQUIPMENT ................................................................... 5 ARTICLE 6: SCOPE OF DUTIES 6 ....................................................................................... ARTICLE 7: MANAGEMENT RIGHTS ........................................................................... 7 ARTICLE 8: DISCIPLINE AND DISCHARGE ................................................................. 8 ARTICLE 9: GRIEVANCE PROCEDURE 9 ........................................................................ ARTICLE 10: EDUCATIONAL ASSISTANCE .............................................................. 15 ARTICLE 11: INSURANCE .............................................................................................. 16 ARTICLE 12: VOTING AND CIVIC SERVICE .............................................................17 ARTICLE 13: DRUG. ALCOHOL, AND MEDICAL TESTING ....................................19 ARTICLE 14: UNION BUSINESS ................................................................................... 23 ARTICLE 15: BULLETIN BOARDS ............................................................................... 24 ARTICLE 16: DISTRIBUTION AND SOLICITATION .................................................25 ARTICLE 17: DUES DEDUCTIONS ................................................................................ 26 ARTICLE 18: WORKER'S COMPENSATION AND LIGHT DUTY ............................27 ARTICLE19: PROMOTIONS ............................................................................................ ?9 ARTICLE 20: MILITARY DUTY ..................................................................................... 30 ARTICLE 21: SEVERABILITY ........................................................................................ 31 ARTICLE 22: WORK STOPPAGES ................................................................................. 32 ARTICLE23: WAGES ...................................................................................................... 33 ARTICLE 24: HOURS OF WORK AND OVERTIME ....................................................36 ARTICLE 25: CALL BACK PAY ..................................................................................... 37 ARTICLE 26: WORKING OUT OF CLASSIFICATION ................................................38 ARTICLE 27: PRECEPTOR PAY .................................................................................... 39 ARTICLE 28: EDUCATION INCENTIVE ...................................................................... 40 ARTICLE 29: RETIREMENT BENEFITS ....................................................................... 41 ARTICLE 30: PAID TIME OFF ........................................................................................ 42 ARTICLE 31: 1: HEALTII AND WELLNESS PROGRAM .....................................................44 FP 45849933.1 ARTICLE32: HOLIDAYS ................................................................................................ 45 ARTICLE'33: SICK LEAVE ............................................................................................. 46 ARTICLE 34: BEREAVEMENT -.------.__-----------_----------------.-47 ARTICLE 35: LEAVES OF ABSENCE WITHOUT PAY ............................................... 48 ARTICLE 36: RECERTIFICATION .----------'.-.----'.--'-'-----''-''--------4g ARTICLE37:TOBACCO USE .......................................................................................... 5O ARTICLE 38: ENGINEER INCENTIVE --.-..-.......--.--.-.---.-----.----.-.--.5l ARTICLE 39: SPECIALTY PAY ...................................................................................... 52 ARTICLE 40: 457 DEFERRED COMPENSATION PLAN ............................................. 53 FP 45849933.1 ARTICLE l: PREAMBLE This Agreement is between the City of Sanford,. Florida, hereinafter called the "City' and the Sanford Professional Firelighters, Local 3996, hereinafter called the "Union". 2 FP 45849933.1 ARTICLE 2: RECOGNITION 1. The City recognizes the Union as the exclusive bargaining agent for all employees in the job classification certified by PERC. Currently included in the bargaining unit are all regular, full-time employees of the City of Sanford in the classification of Fire Lieutenant. Employees in this classification shall be covered by the terms of this Agreement. Excluded from the bargaining unit are the Fire Chief. Deputy Fire Chief, Fire .Marshal, Battalion Chief - Operations, Battalion Chief -EMS, Battalion Chief -Training, Fire Protection Inspector, Fire Fighter/EMT/Engineer, Fire Fighter/Paramedic and all other City employees. 2 FP 45849933.1 ARTICLE 3: PREVAILING RIGHTS, RULES, AND REGULATIONS 1. Except as otherwise provided herein, the wages, hours, and other conditions of employment of the bargaining unit employees shall be those specifically set forth or specifically incorporated by reference in this Agreement. 2. Except as modified by a specific provision of this Agreement. the Union agrees that the employees covered hereunder shall comply with all rules, regulations, policies, procedures, and operating bulletins of the City and the Fire Department, and any amendments thereto. 3. Should the City and/or the Department formulate, amend, revise, and/or implement any rules, regulations, policies, procedures, and/or operating bulletins, the City or the Department shall provide a copy of any new (or amended) rule, regulation, policy, procedure, or operating bulletin to the Union at least ten (10) calendar days prior to the effective date of implementation. Simultaneous with providing a copy to the Union, the City or the Department shall post at each fire station the new (or amended) rule, regulation, policy, procedure, or operating bulletin. "Posting" may be accomplished through electronic mail, telecommunication, bulletin board posting, or any other appropriate means. Nothing in this paragraph is intended to eliminate the legal rights of either party as provided for in Chapter 447, Florida Statutes. 4. In the event the City or the Department exercises its right to issue a new (or amended) rule, regulation, policy, procedure, or operating bulletin, no bargaining unit employee shall be disciplined for violation of any such new or amended rule, regulation, policy, procedure, or operating bulletin until the date it becomes effective. For the purpose of this Article, hand delivery or mailing to the Union President, Vice President, or Secretary/Treasurer shall be deemed service upon the Union. Mailing shall be effective upon deposit in the United States Mail by the City or the Department. 3 FP 45649933.1 ARTICLE 4: NON-DISCRIMINATION Neither the Union nor the City shall discriminate against or harass any employee on the basis of any status protected by applicable law or Union membership or non -membership. 2. If, and in the event, an employee elects to seek remedy for alleged discrimination or harassment by the filing of a complaint with EEOC or FCHR, then in that event, the subject of such complaint may not also be grieved. 4 FP 45849933.1 ARTICLE 5: STAFFING AND EQUIPMENT l The City shall determine the identity.. number, skill level, and type of personnel to be assigned the shifts, apparatus, and equipment. The City shall also determine the type and number of equipment and apparatus to be used in the provision of fire and rescue set -vices. 5 FP 45849933.1 ARTICLE b: SCOPE OF .DUTIES 1. Bargaining unit employees shall be responsible for performing any and all job duties falling within the generic scope of fire/rescue services. Additionally, bargaining unit employees may be tasked with performing unrelated duties as the need arises. Bargaining unit employees shall comply in a timely manner with all written and verbal orders given by superiors, even if such orders are alleged to be in conflict with this Agreement, unless such order clearly places the employee's life in unnecessary danger. 6 FP 45849933.1 ARTICLE 7: MANAGEMENT RIGHTS L It is the right of the City to determine unilaterally the purpose of each of its constituent agencies, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the City to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. Moreover, it is the right of the City to exercise the management rights as determined by the Florida Public Employee Relations Commission and the courts of competent jurisdiction. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of this Agreement. 7 FP 45849933.1 ARTICLE 8. DISCIPLINE AND DISCHARGE 1. The City Manager, or his designee, may fire, suspend, demote. or otherwise discipline any bargaining unit employee for just cause. 2. In the event that a suspension, demotion or discharge action is taken against a bargaining unit employee, he/she shall be furnished a written statement specifying the grounds that may exist for such action. Additionally, the bargaining unit employee may be provided with an opportunity to discuss such action with the Fire Chief (or his designee) and/or the City Manager (or his designee) prior to such action becoming final. 3. All new hires shall serve a probationary period of at least one year. This probationary period may be extended at the discretion of the Fire Chief. Probationary _employees may be separated from employment at any time, with or without cause. Probationary employees may not avail themselves of the grievance and/or arbitration provisions of this Agreement regarding any matter relating to the evaluation of their job performance or separation from employment. 8 FP 45849933.1 ARTICLE 9: GRIEVANCE PROCEDURE Section 1. Bargaining unit employees will follow all written and verbal orders given by superiors, even if such orders are alleged to be in conflict with this Agreement. Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. Section 2. A "grievance" is a claimed violation of this Agreement, including, but not limited to, the claim that a discharge or other disciplinary action violated a specific provision of this Agreement. No grievance will, or need be, entertained or processed, unless presented in the manner described herein, and unless filed in a manner provided herein within the time limit prescribed herein. Grievances are limited to claims which are dependent for resolution upon interpretation or application of one or more express provisions of this Agreement. Section 3. Grievances will be processed in the following manner and strictly in accordance with the following stated time limits: STEP ONE: The aggrieved employee shall present his grievance in writing to the employee's Battalion Chief within ten (10) calendar days of the occurrence of the event(s) which gave rise to the grievance on the prescribed grievance forms, which shall be standard forms used throughout the grievance procedure. Upon receipt of the grievance, the employee's Battalion Chief shall forward a copy of the grievance to the Fire Chief and the City's Personnel Director. The grievance shall be signed by the employee and shall state: (a) the date of the alleged events which gave rise to the grievance; (b) the specific Article or Articles and Sections of this Agreement allegedly violated; (c) statement of fact pertaining to or giving rise to the alleged grievance; and (d) the specific relief requested. The Battalion Chief shall, within ten (10) calendar days after presentation of the grievance, 9 FP 45a49933.1 render his decision on the grievance in writing with copies to the Grievant, the Fire Chief, the Personnel Director, and the Union. STEP TWO: Any grievance which cannot be satisfactorily settled in STEP ONE above shall then be taken up with the Fire Chief or his designee. The grievance, as specified in writing in STEP ONE above, shall be filed with the Fire Chief within ten (10) calendar days after the due date for the Battalion Chiefs response in STEP ONE above. The Fire Chief or his designee shall conduct a fact-finding meeting with the Grievant, his/her IAF'F representative (if any), and the Battalion Chief. Thereafter, the Fire Chief shall issue his decision in writing on the grievance, with copies to the Grievant, the Personnel Director, and the Union within ten (10) calendar days after presentation of the grievance at the fact- finding meeting. STEP THREE: Any grievance ,vhich cannot be satisfactorily settled in STEP TWO above shall then be taken up with the City Manager or his designee. The grievance, as specified in writing in STEP ONE above, shall be filed with the City Manager within seven (7) calendar days after the due date for the Fire Chief's response in STEP TWO above. The City Manager or his designee may conduct a meeting with the Grievant, his/her IAFF representative and appropriate Department managers. Thereafter, the City Manager shall issue his decision in writing on the grievance, with copies to the Grievant, the Union. and the Department within ten (l 0) calendar days after the presentation of the grievance at this Step. Section 4. If the Union is not satisfied with the City Manager's decision in STEP THREE above, the Union may request arbitration by hand delivery or by certified or registered mail of a written notice to the City Manager within ten (10) calendar days of receipt of the City Manager's 10 FP 45849933.1 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 at STEP ONE of the grievance procedure. The Union retains the sole and exclusive right, except as otherwise provided by law, to determine whether any particular grievance shall be forwarded to arbitration, and the Union retains the right at any time prior to the issuance of final Arbitrator's Award to withdraw a grievance with prejudice. Section 5. Within ten (10) calendar days from receipt of such notice of arbitration, the Union shall request a list of nine (9) qualified arbitrators from the Federal Mediation and Conciliation Services. The Union and the City will alternately eliminate one at a time from said list of names persons not acceptable, until only one (1) remains, and this person will be the arbitrator. The City and the Union will alternate in the right to first strike names in successive arbitrations, with the strike of the first arbitration panel to be determined by the toss of a coin. Section 6. As promptly as possible after the arbitrator has been selected, helshe shall conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the individual employee or employees involved, the City, and the Union in writing. The expenses of the arbitration, including the fee and the expenses of the arbitrator, and the appearance fee for the court reporter and the cost of transcript copy for the arbitrator (if a copy is requested) shall be shared equally by the parties. Any party desiring a transcript of the hearing shall bear the cost of its transcript. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. Section 7. The arbitrator will confine his/her consideration and determination to the written grievance presented in STEP ONE of the grievance procedure. The arbitrator shall have no 11 FP 45849933.1 authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this Collective Bargaining Agreement be construed by the arbitrator to supersede applicable state and federal laws or City ordinances, except to the extent as specifically provided herein. Section 8. The arbitrator may not issue declaratory opinions and shall confine himself/herself exclusively to the question which is presented to him/her, which question must be actual and existing. Either party shall be entitled to seek review of the arbitrator's decision in the Circuit Court, if such appeal meets the legal standards set forth under applicable law. 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 owed, less any unemployment compensation and/or interim earnings that he/she received during the period involved. Section 10. It is agreed, with respect to the above wages or retroactive adjustment, that no arbitrator shall have the right to determine that back wages or other retroactive adjustment shall be awarded for a period in excess of four (4) months prior to the date of the grievance which is being ruled upon. Section 11. It is agreed, with respect to this grievance and arbitration procedure. that: (a) It is the intent of the parties that a grievance must be raised at the earliest possible time. Any grievance, in order to be entertained and processed. must be submitted in a timely manner by the Grievant. (b) Grievances not submitted by the Grievant in a timely manner shall be barred on the 12 FP 45849933.1 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 totimingwill be the subject of any arbitration resulting from the matter. A grievance which is for any reason not the subject of a timely response by the City or by the Department shall require the Grievant to proceed to the next Step, and failure of the Grievant to proceed on a timely basis to the next Step shall bar the grievance. However, in any grievance proceeding, when the City or the Department fails to give a timely response, the Grievant shall be given an additional two (2) calendar days to be added to the time limit required for his next filing. Issues of procedural arbitrability shall be for an arbitrator to decide. Section 12. Nothing in this Article shall be construed to prevent any employee from presenting his/her own grievance at STEPS ONE, TWO and/or THREE of this grievance procedure with whomever he/she wants to represent him. It is understood that either an individual, an attorney. or the Union may represent a Grievant. The Union retains the sole and exclusive right to process and request any grievance pursuant to Section 4 (arbitration) of this grievance procedure. In the event the City is notified that the Grievant is representing himself/herself or is otherwise not being represented by the Union, the City shall so notify the Union. The Union may monitor and attend such grievance steps but may not participate otherwise. Section 13. Where a grievance is general in nature in that it applies to a group of employees rather than a single employee, or if the grievance is directly between the Union and the Department or the City, such grievance shall be presented in writing directly to the Fire Chief within ten (l 0) calendar days of the occurrence of the events which gave rise to the grievance. The grievance shall be signed by one or more aggrieved employees or an officer of Local 3996. Thereafter, the grievance shall be processed in accordance with the procedures set forth in STEPS TWO and 13 FP 45849933.1 THREE above; provided, however, that the grievance must contain the detailed information required in STEP ONE above. 14 FP 45849933.1 ARTICLE 10: EDUCATIONAL ASSISTANCE 1. Employees covered hereunder are eligible for participation in the City's educational assistance/tuition reimbursement program to the same extent that the program is available to other City employees except that the City agrees to pay for the full tuition cost of paramedic program for bargaining unit members who are pursuing their Paramedic certification. ?. All other conditions pertaining to the City's educational assistance/tuition reimbursement program, including eligibility standards for participation, the amounts of reimbursement, and the liability for repayment, shall be governed by the guidelines set forth in the City's Personnel Rules and Regulations. The City shall have the unilateral discretion to determine whether a matter does or does not fall under the City's educational assistance/tuition reimbursement program. Each determination as to whether or not a matter falls under the City's educational assistance/tuition reimbursement program shall be applied equally to management and bargaining unit members. 15 FP 45849933.1 ARTICLE 11: INSURANCE 1. The City shall provide insurance for all bargaining unit employees and their dependents in the same manner as all other City employees. The City shall also provide any additional insurance required by Florida law. 16 FP 45849933.9 ARTICLE 12: VOTING AND CIVIC SERVICE 1. Employees who are unable to vote during their off-duty hours due to the location of their voting precincts and their work schedules may be permitted leave with pay (not to exceed two hours) to enable them to vote. To qualiA for such leave with pay, the employee shall file a written request with the Deputy Fire Chief advising him of the reasons for requesting leave and providing him/her with confirmation of precinct location and voter registration. Such request must be made at least seven (7) calendar days in advance. 2. Upon receipt of a timely and proper request in accordance with paragraph I above, the Deputy Fire Chief shall schedule the employee's voting time in such a manner as to not interfere with operational requirements. It is understood that employees covered hereunder are normally aware of their upcoming work schedule, and, therefore, can vote by absentee ballot if their work schedule causes a conflict with their ability to vote. It, therefore, is further understood that there is no entitlement to leave with pay for voting and that operating requirements may, preclude such time off (even if previously authorized by the Deputy Fire Chief). 3. An employee called for jury duty, or subpoenaed or summoned to appear as a witness (including depositions or meetings with attorneys) on behalf of the City, or as a result of performing their normal duties on behalf of the City, shall be granted leave of absence with pay from scheduled duty (for actual time utilized) and shall be paid in accordance with this agreement should the subpoena, interview or deposition occur while off duty, upon presentation of summons or subpoena to his/her Commanding Officer. Any fees received for jury duty or witness service while the employee is in full pay status shall be remitted to the City. To qualify for paid leave of absence for jury duty or witness service, the employee must submit a written Leave Request Form to his Commanding Officer and the Fire Chief (in addition to the summons or subpoena) for 17 FP 45849933.1 appropriate approval. 4. Leave with pay for appearance as a witness shall not be granted when the employee is the defendant in a criminal proceeding, is engaged in personal litigation of any nature, or is an adverse party to the City in any proceeding. 5. The City shall continue its existing policies with respect to military leave for bargaining unit employees serving in the Armed Forces, including the National Guard. 18 FP 45849933.1 ARTICLE 13: _ DRUG, ALCOHOL, AND MEDICAL TESTING I. _ The City, the. Union, and the employees covered hereunder mutually agree that employee substance and alcohol abuse constitutes a danger to the employee, fellow employees, and the general public. It is further agreed that the safety of public property and equipment and the image of the City and its employees are placed in jeopardy if an employee is involved in substance or alcohol abuse. 2. Accordingly, the Union and the employees covered hereunder agree that the City shall have the right and authority to require employees to submit to drug and alcohol testing to detect the presence of any controlled substance, narcotic, drug, or alcohol as a part of any physical and/or psychological examination for the purpose of determining an employee's fitness for duty or otherwise in accordance with City and Departmental policy and practice. 3. If a bargaining unit member is involved in an accident while driving a City vehicle or sustains work-related injuries as a result of an accident wherein medical treatment beyond first aid is provided, the City shall require the bargaining unit member to submit to drug and/or alcohol testing. The Alcohol/Drug screen is to commence immediately after the employee receives initial physician administered medical treatment and according to the current City of Sanford time parameters as outlined in the Personnel Rules and Regulations. 4. Further, the City shall also have the right and authority to require employees to submit to substance and alcohol testing based on circumstances that indicate reasonable suspicion to believe that the employee is under the influence of a controlled substance, narcotic, drug, or alcohol, suffers from substance or alcohol abuse; or is in violation of any City. Departmental, or state rule, regulation, or law regarding the use of such substance or alcohol. For purposes of this Article, "reasonable suspicion testing' shall mean testing based on a belief that an employee is 19 FP 45849933.1 using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such other facts and inferences may be based upon: (a) Observable phenomena while at work such as direct observation of drug use, or of the physical symptoms or manifestations of being under the influence of a drug; (b) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance; (c) A report of drug use provided by a reliable and credible source; (d) Evidence that an individual has tampered with a drug test during his or her employment with the current employer; (e) Information that an employee has caused, contributed to, or been involved in an accident while at work; (t) Evidence that an employee has used, possessed, sold, solicited or transferred drugs while working or while on the employer's premises, or while operating the employee's vehicle. machinery or equipment. 5. Upon reasonable suspicion that an employee has been on duty or has reported for duty with any controlled substance, narcotic. drug or alcohol in his system; the City Manager, the Human Resources Director, the Fire Chief or their designee may order an employee to submit to any type of toxicology or alcohol testing detennined appropriate. Any testing administered under this Article shall be administered in accordance with such professional standards as have been adopted by the City. 6. Employees who are using any over-the-counter drugs or medications or any drugs or medications lawfully prescribed by a physician must provide this information to the City 20 FP 45849933.1 physician, and/or other City designated entity obtaining a sample at the time a sample is provided. 7. Employees who refuse to comply with the provision of this Article, including but not limited to refusing to report for drug or alcohol testing at the time and place directed or providing an altered sample, will be subject to disciplinary action up to and including dismissal. 8. Employees may request Union representation during any of the testing procedures, provided that the Union representative does not in any manner interfere with, or delay, the testing procedures or jeopardize the security of the tests. 9. The City and the Union encourage employees to voluntarily enter a rehabilitation program. The parties agree that the City has the sole authority to establish, maintain and/or continue a City approved/sponsored rehabilitation program and that any approval for an employee to enter any rehabilitation program may be limited by the City to one opportunity during an employee's employment. An employee may be allowed to voluntarily enter City approved/sponsored rehabilitation program, assuming that the employee has had no history of substance influence or use and that no disciplinary action is pending (and further that the employee has done nothing for which he/she could be subject to disciplinary action) at the time of such request. 10. if an employee is allowed to enter a City approved/sponsored rehabilitation program in accordance with the preceding paragraph, then, upon successful completion of rehabilitation (as determined by a City designated physician) the employee shall be returned to his/her regular duty assignment or the equivalent thereof if cleared by the physician. if follow-up care is prescribed after treatment, such may be imposed by the City as a condition of continued employment. 11. Immediately upon an employee's discharge from a rehabilitation program, the 21 FP 45849933.1 employee will provide the City with documentation of the follow-up care requirements as well as permission for the City to ascertain whether the employee has been and/or is abiding by the program requirements. Moreover, the parties agree that entry into such a rehabilitation program shall be deemed to constitute reasonable suspicion that the employee has in his/her system or is using controlled substances, narcotics, drugs or alcohol, and that, accordingly, the employee may be subject to four (4) appropriate testing procedures, as required by management, for a period not to exceed 12 months from the date that the employee returns to duty. Should an employee refuse to submit to testing in accordance with the provisions of this paragraph, to voluntarily enter a City approved/sponsored rehabilitation program, to successfully complete and otherwise comply with the requirements of such program, to comply with the requirements of any follow-up care, or, should the employee test positive for drugs, controlled substances, narcotics or alcohol during the aforesaid 12 -month period, the employee shall be immediately dismissed. 12. The City retains the absolute right to determine whether the specific circumstances of positive test results warrant discharge or a lesser disciplinary action. The failure of the City to impose a particular disciplinary action in one situation will not prejudice the City's right to impose such (or a different) disciplinary action in another situation. Similarly, the failure of the City to extend an opportunity to enter a City approved/sponsored rehabilitation program to an employee will not prejudice the City's right to extend an opportunity in another situation. 13. Notwithstanding any other provision of this Article, and in compliance with the provisions of Florida Statutes Chapter 447, the City reserves the right to administer random drug testing unless such drug testing is declared unlawful under federal and/or Florida law. 22 FP 45849933.1 ARTICLE 14: UNION BUSINESS 1. The President of the Local Union or his/her designee (alternate) shallrepresentthe Union. It shall be the responsibility of the Union to notify the City in writing of any change of the designation of the President or his/her designee. (Neither the President nor his/her designee will be recognized by the City unless the Fire Chief and the Human Resources Director receives such written notification.) 2. It is the City's position that bargaining unit employees,. Union officers, and Union representatives shall be paid by the City only when they perforin assigned fire and rescue duties and/or work directed by the City. To the extent that these employees wish to perform Union duties (such as negotiations, grievance processing, attending Union conventions, etc.) during their normal work schedules, they may utilize annual leave or shift exchange; provided, however, that they comply with the rules otherwise applicable to annual leave and shift exchanges. 3. Dues paying bargaining unit members may donate up to three (3) hours of their PTO, using the approved City form, to the Union Time Pool (UTP) per fiscal year when the balance drops below 120 hours. The 3 -hour donation will not count against the 48-hour donation of PTO as defined in Article 30 Section 8. Upon request from the Union President, the City will debit the UTP balance for the number of hours requested for a designated Union officer or member approved by the Union Executive Board to attend union conferences, seminars, convention, or other legitimate events approved by the Fire Chief or Deputy Fire Chief. Upon written request of the Union President, the City shall provide a list of the fund balance on September 30 of each year. Under no circumstance shall use of the UTP result in overtime cost to the Citv. Hours in the UTP shall carryover from year to year. The Union shall hold the City harmless for any errors and indemnify the City from any lawsuits, judgements, or other liability in connection with the UTP. 23 FP 45849933.1 ARTICLE 15: BULLETIN BOARDS 1. The Union shall have the use of each bulletin board existing on the date of this agreement; such use is not to exceed thirty-six (36) inches by forty-eight (48) inches of the area of each such bulletin board. ?. The Union may use the designated bulletin board(s) for posting notices of Union meetings, notices of Union elections and results, minutes of Union meetings, copies of the Union's constitution and by-laws and amendments thereto, notices of Union recreational, social, and business functions, conventions, names of Union officials and changes thereto, copies of this Agreement. and notices of dues increases. 3. The Union shall post no material which may be characterized as political (other than internal Union elections), which may encourage insubordinate behavior, which would impair the operations of the Fire Department, which is obscene, inflammatory, derogatory, or demeaning of City or Departmental officials or operations. All materials posted on the Union bulletin boards (or the alternate space provided on the Department's bulletin boards) will be signed by the Union President, or other Union officer. or member of the Executive Board. A copy of all materials to be posted shall be provided to the Fire Chief, the Deputy Fire Chief, or their designee, prior to posting. Material not authorized by this Article may be removed by the City. 24 FP 45849933.1 ARTICLE 1.6: DISTRIBUTION AND SOLICITATION 1. The Union, its members, agents or representatives, or any person orpersonsacting on its behalf shall not engage in: (A) soliciting non -Unit employees of the City during working hours; and (B) soliciting or distributing recruitment literature during working hours in areas where the actual work of City employees is performed, such as offices, warehouses, fire or police stations, and any similar public installations. 25 FP 45849933.1 ARTICLE 17: DUES DEDUCTIONS 1. Any member of the union, who has submitted -a-properly executed written dues authorization card or statement to the City may have his/her dues in the union deducted from his/her wages. Dues shall be deducted during the first and second pay period per month, and, shall, thereafter, be transmitted to the union or its designated depository. The City, however, shall have no responsibility or liability for the improper deduction of any dues. Further, the union shall hold the City harmless for any errors in the administration of the dues deduction system. It shall be the responsibility of the union to notify the City of any change in the amount of dues to be deducted at least 60 days in advance of said change. Under no circumstances shall the City be required to deduct union fines, penalties, or non-uniform assessments from the wages of any member. 2. Any authorization for dues deduction may be canceled by the employee upon thirty (30) days written notice to the City with a copy to the Union. 3. When an employee quits, is discharged, or is laid off. any unpaid dues owed to the union will be deducted from the employee's last paycheck. 4. The City may deduct from the payment made to the union the following expenses of administering the bookkeeping system related to the retention and transmittal of funds: (a) Thirty-five cents ($.35) per employee for each new enrollment. 5. No deduction shall be made from the pay of an employee during any payroll period in which the employee's net earnings for the payroll period are less than the amount of dues to be paid. 26 FP 45849933.1 ARTICLE 18: WORKER'S COMPENSATION AND LIGHT DUTY 1. Compensation for employees injured on the job or in the course of performing his/her official City duties shall be governed by the Florida Worker's Compensation Law and applicable City and Departmental policies. 2. An employee injured on the job or in the course of performing his/her official City duties may, in the City's discretion, be assigned to a temporary "light duty" assignment subject to and in accordance with applicable City and Departmental policies. The phrase "light duty" is defined within this Article as meaning that the employee was assigned to work at least a 40 -hour work week. 3. The Departmental Light/Modified (Restricted) Duty policy written and effective in 2017 also is fully applicable to all bargaining unit members. 4. If a bargaining unit member becomes pregnant.. she shall immediately inform the Fire Chief. (a) The pregnant employee shall provide her job description to a physician of her choice. The pregnant employee shall ensure that her physician informs the City of any basic job duties which the pregnant employee cannot perform. The pregnant employee maintains the burden, throughout her pregnancy. to ensure that her physician provides the City with updates on the pregnant employee's medical condition and her ability to perform her basic job duties. (b) The City shall review the medical information and determine whether the pregnant employee can continue to perform shift work. with or without modification of her basic job duties. (c) If the City, in its discretion, determines that the pregnant employee cannot perform shift work, the pregnant employee will be eligible for light duty assignment, as determined by the City. The pregnant employee maintains the burden to inform her physician of her job functions in 27 FP 45849933.1 her light duty assignment. The City will review any restrictions placed on the pregnant employee by her physician. (d) The City has the discretion to determine that a pregnant employee is not eligible for light duty assignment. In the event the City makes such a determination, the pregnant employee can exercise all rights afforded her under the Family and Medical Leave Act (FMLA) and in accordance with applicable City policy. (e) In the event that a pregnant employee is assigned to light duty, the City has the discretion (subject to City review of all medical information provided by the pregnant employee's physician) to determine the amount of hours per week that the pregnant employee shall work on light duty. The assignment of work hours for light duty assignment shall not exceed 53 hours per week. (#) In the event that the City exercises its discretion to place a pregnant employee on light duty assignment, the City will allow the pregnant employee to work on a modified hourly rate to enable her to receive her normal average bi-weekly income with no reduction in accrued leave or benefits. This provision is not applicable once the pregnant employee is no longer on light duty assignment. (g) Upon notifying the Fire Chief of her pregnancy, the pregnant employee shalt provide her physician with a full release which authorizes her physician to release all medical information to the City related to the employee's pregnancy. za FP 45849933.1 ARTICLE 19: PROMOTIONS 1. It is understood and acknowledged by the bargaining unit members that Battalion Chiefs are non -bargaining unit members. Therefore, management shall have the unilateral discretion to make promotional decisions to Battalion Chief. 29 FP 45849933.1 ARTICLE 20: MILITARY DUTY 1. The City shall continue in effect its existing practice with respect to military• leave for bargaining unit members who are serving in the armed forces, including the National Guard. and who are required by such forces to attend duties which conflict with scheduled working time. 30 FP 45849933.1 ARTICLE 21: SEVERABILITY 1. If any provision of this Agreement is rendered or declared invalid by any Court action or by reason of any existing or subsequently enacted legislation, the remaining provisions of this Agreement shall remain in full force and effect for the term of this Agreement. In the event any provision of this Agreement is lawfully declared invalid, the parties shall meet within a reasonable period of time to attempt to negotiate a mutually satisfactory replacement provision. The Union and the City agree to reopen any provision of this Agreement if there is federal or state legislation enacted that adversely impacts the City's ability to pay wages or benefits contained in this Agreement. 31 FP 45849933.1 ARTICLE 22: WORK STOPPAGES 1. There shall be no strikes, lockouts, work stoppages, slowdowns, sick-outs, picketing of the residence of public officials, or other job actions or refusal to perform assigned work by the employees covered under this Agreement. 2. The parties agree that any employee who participates in or promotes any of the aforementioned activities may be discharged or otherwise disciplined by the City. Nothing herein shall restrict the City from levying different disciplinary actions against different employees based on their involvement in activities prohibited hereunder. 3. The Union recognizes that the City and the employees covered hereunder are responsible for and engaged in activities which are the basis of the health and welfare of the City's citizens and that, therefore, any violation of this Article would give rise to irreparable damage to the City and the public at large. For the purpose of this Article, it is agreed that the Union shall be responsible and liable for any act by its agents, representatives, and/or officers. which act constitutes a violation of this Article, unless the Union has publicly disavowed such action and publicly demands its cessation. 32 FP 45849933.1 ARTICLE 23: WAGES 1. The minimum annual pay rate for Fire Lieutenants effective the first full payroll period after October 1, 2022 shall be $62,891. 2. For Fiscal Years 2022-23, 2023-24 and 2024-25, employees covered hereunder shall receive wage increases in accordance with the following: A. Employees covered hereunder shall receive a twelve percent (12%) wage increase as is reflected in Exhibit A. These wage increases shall be retroactive to the beginning of the first full payroll period after October 1, 2022 only if the Union ratifies an Agreement no later than December 31, 2022. Otherwise, these wage increases become effective either upon both parties' ratification of this Agreement or upon the date these increases otherwise take effect of law pursuant to Florida Statutes §447.403. B. Effective the first full payroll period after October 1, 2023, employees covered hereunder shall receive a six percent (6%) wage increase as is reflected in Exhibit A. C. Effective the first full payroll period after October 1, 2024, employees covered hereunder shall receive a six percent (6`Yo) wage increase as is reflected in Exhibit A. 3. Should the City Commission approve a lump sum (holiday) cash bonus for all City employees, the bargaining unit employees covered hereunder shall be eligible to receive such lump sum (holiday) cash bonus on the same terms and conditions as applicable to other employees. 4. Management shall give any bargaining unit employee written notice that he/she is not performing at a -Meets Perfonnance" level. Management shall give this written notice to the bargaining unit member no later than three months prior to the bargaining unit member's evaluation date. If the bargaining unit employee does not improve to at least a "Meets Performance" level by the end of the fiscal year, the bargaining unit employee shall not be entitled 33 FP 45849933.1 to receive any wage increase. If the bargaining unit employee receives an overall rating of "Performance Improvement Required'" on the annual evaluation, he/she shall not receive a wage increase for the following fiscal year. If any bargaining unit employee does not qualify for the wage increase, management shall perform subsequent evaluations at three-month intervals until such point that the employee's evaluation improves. Management shall authorize such a bargaining unit employee, who improved his/her performance to a "Meets Performance" level, to receive part or all of the wage increase. Any adjustments will not be retroactive. 5. Paramedic Incentive — A. Commencing at a pro rata basis effective the first full pay period after complete ratification of this Agreement by the parties, the "Paramedic Incentive" shall be $10,800. Effective the first full pay period after October 1, 2023, the "Paramedic Incentive" shall be $11,250. Effective the first full pay period after October 1. 2024., the "Paramedic Incentive" shall be $11.800 and continuing through the end of September 30, 2025. B. Once a bargaining unit employee becomes certified as a paramedic but has yet to be cleared to practice within Seminole County by the Medical Director, that bargaining unit employee shall be entitled to receive 'iz of the paramedic incentive while waiting for Medical Director approval or 90 days whichever comes first. If a bargaining unit employee has not been cleared to practice within Seminole County by the Medical Director within 90 days of request, that bargaining unit employee shall receive full paramedic pay. However, a newly hired or newly certified paramedic will have no more than 1.80 calendar days from. the time each is assigned to a preceptor to become City -certified by the Seminole County Medical Director or will face disciplinary action up to and including termination. C. Effective prospectively after complete ratification of this Agreement, if a 34 FP 45849933.1 bargaining unit member choses to be sponsored by the City to obtain his/her State of Florida Paramedic certification, the Union agrees that any such bargaining unit member will be required to execute a mutually -acceptable Agreement with the City, including, but not limited to, (i) agreeing to continued employment and to use best efforts to complete and obtain his/her State of Florida Paramedic certification while remaining employed with the City and (ii) continued employment after certification for three (3) years or fully -reimbursing the City for all tuition expenses incurred. D. "Paramedic Incentive" shall be included in an employee's regular rate of pay when determining that employee's overtime wages for each City 7(k) -designated pay period. "Paramedic Incentive" shall be counted as "compensation'" for retirement purposes. 6. Vendor Sponsored Special Event Pay — Bargaining unit employees who work vendor -sponsored City Special Events (via recommendation of the Special Event Review Committee through City Commission approval) shall receive special duty pay of no less than $40.00 per hour for time worked for a vendor of the City. Final determination as to whether such time is pensionable rests with the City Pension Board or the Florida Retirement System. where applicable. Bargaining unit employees who are assigned to work non -vendor -sponsored special events are not eligible for Special Event Pay. 7. The wage increases described herein shall be the only wage increases of any kind for Fiscal Years 2022-23, 2023-24 and 2024-25 for employees covered hereunder. There shall be no wage increases after September 30, 2025 until negotiated between the City and the Union or resolved through the State of Florida statutory impasse process. 35 FP 45849933.1 ARTICLE 24: HOURS OF WORK AND OVERTIME I . Bargaining unit employees shall be assigned to twenty -four-hour shifts. 2. The current Department practice (as of September 30, 2022) regarding the calculation of overtime hours for bargaining unit employees shall remain in effect for the term of this Agreement. 3. The current Department practice (as of September 30, 2022) regarding the selection of bargaining unit employees to work overtime shall remain in effect for the tern of this Agreement. 4. Bargaining unit members understand and acknowledge that Battalion Chiefs are non -bargaining unit members. Therefore, when the Department must replace a Battalion Chief; the Department shall have the discretion to replace the Battalion Chief with another Battalion Chief. 36 FP 45849933.1 ARTICLE 25: CALL BACs{ PAY 1. Call-back pay is provided to compensate an employee required to return to work at certain times outside of his/her regularly scheduled shift. Eligibility for call-back pay is as follows: (a) Except as provided in subparagraphs (b) and (c) below, any employee who is off- duty and required to return to work on an unscheduled basis shall be eligible for call-back pay. (b) Any employee who is on duty and is instructed to remain on duty shall be ineligible for call-back pay but eligible for compensation for time actually worked. (c) Any employee required to continue working after completion of his/her regularly scheduled shift shall be ineligible for call-back pay but shall be paid for time actually worked. (d) Any employee eligible for call-back pay shall be paid for the actual hours worked, with the minimum guarantee of four (4) hours pay. Call-back pay begins at the time designated by the Department for the employee to commence his/her duties. Call-back pay concludes at the time that the Department releases the employee from his/her assigned duties. 37 FP 45849933.1 ARTICLE 26: WORKING OUT OF CLASSIFICATION 1. In the event that.a bargaining unit member is assigned to work out of classification, the bargaining unit member shall be entitled to receive, in addition to the normal rate of pay previously received, $2.00/per hour for the actual time worked out of classification. 2. Any bargaining unit member who qualifies for wages pursuant to this Article shall be paid bi-weekly for qualifying hours during the pay period. 38 FP 45849933.1 ARTICLE 27: PRECEPTOR PAY 1. Paramedic preceptors shall be entitled to receive $2.00/per hour additional compensation for each hour of preceptor duties actually worked. The Fire Chief or his designee shall retain the ultimate discretion to determine all time which qualifies for preceptor pay. 2. Any bargaining unit member who qualifies for preceptor pay pursuant to this Article shall be paid bi-weekly for qualifying hours worked during the pay period. 39 FP 45849933.1 below: ARTICLE.. 28: EDUCATION INCENTIVE 1. Bargaining; unit members are entitled to receive an Education incenthre as set forth a. Associate of Ails (AA) or Associate of Science (AS) degree = $500.00; or b. Bachelor of Science Degree (BS) _ $1,000.00: or C. Master's Degree = $1,500.00. 2. Bargaining unit members shall only receive Education Incentive for the highest amount applicable for their individual level of education. For example, a bargaining unit member who possesses a Bachelor of Science degree is eligible to receive a $1,000.00 Education Incentive and not the cumulative amount of $1,500.00 ($500.00 AS degree + $1,000.00 BS degree). The maximum amount of Education Incentive for each bargaining unit member shall be capped at $1,500.00. 3. Education Incentive shall be counted as compensation for retirement purposes. 40 FP 45549933.1 ARTICLE 29: RETIREMENT BENEFITS 1. The City shall continue to provide the employees covered _hereunder with retirement benefits pursuant to the City's retirement program that are currently in effect. The City will abide by all ordinances and statutes governing the City's retirement program. 2. The City and the Union mutually agree that all Chapter 175 excess premium tax revenues accumulated and received in the :future shall be used to reduce the unfunded actuarial liability of the City's Sanford Firefighters 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. 3. All new employees covered hereunder hired on or after October 1, 2017, shall be enrolled in the Florida Retirement System. Employees hired before October 1. 2017 may elect to remain in the City's Sanford Firefighters Retirement System pension plan as allowed by law. 41 FP 45849933.1 ARTICLE 30: PAID TIME OFF 1. Effective the last pay period ending in December 2006, all vacation and personal hours accrued to that point will be converted to paid time off (PTO) hours at a one to one ratio. 2. Effective the pay period beginning December 30, 2006, all bargaining unit employees shall no longer accrue vacation, sick or personal time. 3. Effective the pay period beginning December 30, 2006, all paid time off by bargaining unit employees will utilize PTO whether scheduled or unscheduled notwithstanding Article 33. 4. Effective January 1, 2007, all bargaining unit employees shall begin accruing personal time off (PTO) on a monthly basis at the following rate based upon the years of set -vice with the Sanford Fire Department. Zero through ten (0-10) years of service will accrue twenty-four hours of PTO per month. Eleven through fifteen (11-15) years of service will accrue twenty-six hours of PTO per month. Sixteen through twenty (16-20) years of service will accrue twenty-eight hours of PTO per month. Twenty-one years of service or more will accrue thirty hours of PTO per month. 5. 'Fhe maximum payout of PTO at retirement or resignation, in accordance with the vacation pay out provisions of the City of Sanford Personnel Rules and Regulations in effect on the effective date of this Agreement, will be 500 hours. 6. Beginning the end of fiscal year 200712008 and occurring on an annual basis at the end of each fiscal year, PTO hours will be reviewed. Upon review, the maximum PTO accrual allowed by any bargaining unit employee will be 720 hours. Beginning at the end of fiscal year 2020, and occurring on an annual basis at the end of each fiscal year thereafter, bargaining unit members who have completed ten (10) years of service through nineteen (19) years of service at 42 FP 45849933.1 the time of payout and exceed the 720 PTO hours will be provided a payout of up to twenty-four (24) hours cash at their current rate of pay near the end of the fiscal year. Bargaining unit members who have completed twenty (20) years of service or greater at the time of payout and exceed the 720 PTO hours, will be provided a payout of up to forty-eight (48) hours cash payout at their current rate ofpay near the end of the fiscal year. After the cash conversion, if there are still hours above the 720, those hours will be removed from the employees' accruals on the next non -nal business day. 7. In the event that scheduled time off is cancelled due to an unplanned significant event as declared by the City, then the City agrees to extend the PTO accrual review deadline, referenced in paragraph b, to three times that of the actual event. 8. Effective January 22, 2007, a Kelly day program will begin. Any bargaining unit employee who has three or more years of service with the Sanford Fire Department shall receive ten paid 24-hour shifts ("Kelly days") oft per year. Any employee who has less than three years of service with the Sanford Fire Department shall receive five 24-hour shifts ("Kelly days") off per year. Any newly hired employees will be assigned to the Kelly shift schedule and begin their scheduled Kelly days from that point in the schedule receiving only the remaining Kelly days for that fiscal year schedule. The schedule assigmnent and the conditions of the rotation list shall be approved by the Chief. A Kelly day is defined as a management scheduled paid leave of 24 hours under current practices. 9. Effective March 25, 2013, each bargaining unit employee may donate up to 48 PTO hours in accordance with the sick leave donation provisions of the City of Sanford Personnel Rules and Regulations in effect on the effective date of this Agreement. 43 FP 45849933.1 ARTICLE 31: HEALTH AND WELLNESS PROGRAM 1. The City and the Union have mutually agreed to institute a wellness program for the members of the Sanford Professional Firefighters Local 3996. The wellness program's main goal is to identify any cardiac conditions that may be considered dangerous to the health of the member and to aid that member in seeking treatment for such. The Union members shall be required to submit to all parts of the physical evaluation in compliance with current NFPA standards. It is understood and agreed by the City and Union that the City will follow the current NFPA standards in regard to testing only. PROGRAM CONTENTS Drag Testing: The City and the Union agree that drug testing is not part of this program as the City already has a drug testing policy. Record Keeping and Confidential Information: The City and the Union understand and agree the City shall not maintain any of the medical questionnaires or records of any Union member. The Vendor will maintain all records as confidential per current HIPAA requirements. This provision is not to be construed as a release to obtain medical information. Duty Status Reporting: The City and Union agree that the Vendor will only provide "not able to perform essential functions of employee's position" status report on any Union member after testing. No specific detail as to what medical problem the Union member has will be shared with the City and the City will not request such information as per HIPAA and the terms of this agreement. Any deviations or changes in this program or vendor (Life Scan) shall not occur unless mutually agreed upon through the collective bargaining process or without written agreement by both parties. 44 FP 45849933.1 ARTICLE 32: HOLIDAYS 1. Any bargaining unit employee who works on the shift commencing at 08:00 a.m. on any New Year's :Day, Martin Luther King Day, Memorial Day, Independence Day. Labor :Day and Friday following Thanksgiving during this Agreement shall qualify for holiday pay for the holiday actually worked. In addition to the amount of pay typically to be received for working that shift, a bargaining unit employee shall receive an additional amount of/? their normal rate of pay for all hours actually worked on the above holiday between 08:00 a.m. and midnight (a maximum of 16 hours at an additional '/ times normal rate of pay). 2. Any bargaining unit member who works on the shift commencing at 08:00 a.m. on any Thanksgiving, Christmas eve and Christmas will be compensated as follows: In addition to the amount of pay typically to be received for working that shift, a bargaining unit employee shall receive an additional amount of % of their normal rate of pay for all hours actually worked between 08:00 a.m. and 08:00 a.m. the following day (a maximum of 24 hours as an additional Y� times normal rate of pay.) 45 FP 45849933.1 ARTICLE 33: SICK LEAVE I . Effective December 31, 2006, each bargaining unit member's sick time hours will be frozen at the current number of hours accrued. 2. Effective January 1, 2007, any bargaining unit member retiring under the guidelines for retirement in accordance with the retirement provisions of the City of Sanford Personnel Rules and Regulations in effect on the effective date of this Agreement shall receive up to 1009 hours of their accrued frozen sick time paid out at that employee's rate of pay as of September 29, 2006. 3. The City may, at any time. pay out bargaining unit employees' sick time accruals of up to 1009 hours at that bargaining unit member's September 29, 2006 rate of pay before retirement. 4. Effective January 1, 2007, bargaining unit employees may utilize their accrued frozen sick time for unscheduled sick time beyond 48 hours of concurrent sick absence. The first 48 hours of each such instance would remain PTO, compensation time or leave without pay. 5. Effective no later than April 1, 2007, bargaining unit employees shall receive a short-term disability benefit, for the term of this contract, which will provide for 150 calendar days of 60% of weekly base earnings up to a maximum of $1,750.00 per week to begin after a 30 - calendar day elimination period has been reached. This benefit is subject to the terms and conditions presented by the private carrier. 46 FP 45849933.1 ARTICLE 34: BEREAVEMENT 1. Employees covered hereunder shall be entitled to receive two consecutive shifts with pay for bereavement leave for the death of an immediate family member, as defined by the City of Sanford Personnel Rules and Regulations. 2. In case of death of other relatives, as defined in the City of Sanford Personnel Rules and Regulations, employees may request one shift with pay for bereavement leave. The Fire Chief. or his designee may exercise his discretion to grant or deny a bereavement leave request for other relatives. 3. The fire Chief. or his designee, may exercise his discretion to grant or deny a request of a bargaining unit member to use additional accrued leave time consecutively to the use of bereavement leave. 47 FP 45849933.1 ARTICLE 35: LEAVES OF ABSENCE WITHOUT PAY 1. The Fire Chief, in his discretion, may approve a written request for a leave of absence. The decision of the Fire Chief shall be final and binding on the employee and shall not be subject to the grievance procedure or any other form of appeal. 48 FP 45$49933.1 ARTICLE 36: RECERTIFICATION 1. It is agreed and understood that compliance with state recertification requirements is the responsibility of the individual employees covered hereunder. To the extent feasible, the Department will make a good -faith effort to make appropriate recertification courses available during normal duty hours at Departmental facilities. 49 FP 45849933.1 ARTICLE 37: TOBACCO USE It is understood that smoking and/or the use of any and all tobacco_ products is a_known hazard to the health of employees, including members of the bargaining unit. The purpose of this article is to reduce the number of health insurance claims related to the use of tobacco products. It is agreed that the following policy regarding the use of tobacco products shall be adhered to: 1. Smoking and the use of tobacco products is prohibited when in contact with, or in the view of. the general public, 2. Smoking and the use of tobacco products is prohibited in all fire/rescue vehicles, and in areas of the fire department; 3. All employees hired after February 1, 2001, will abstain from the use of tobacco and tobacco products both on -duty and off. 50 FP 45849933.1 ARTICLE 38: ENGINEER INCENTIVE 1. Effective October 1, 2019, engineer incentive pay in the amount of $48.08 per two week pay period shall be paid to all bargaining unit employees who successfidly complete an engineer program that is to be developed by the department's SOP committee and approved by the Chief. 2. Effective October 1, 2008, and each October thereafter, bargaining unit employees who have successfully completed the engineer program must pass a recertification test., to be developed by the department's SOP committee and approved by the Chief, to continue to receive the engineer incentive pay in the amount of $48.08 per two-week pay period. 3. The "Engineer Incentive'° shall be included in an employee's regular rate of pay when determining that employee's overtime wages for each City 7(k) -designated pay period. 4. The "Engineer Incentive— shall be counted as compensation for retirement purposes. 51 FP 45849933.1 ARTICLE 39: SPECIALTY PAY 1. Effective October 1, 2007, specialty pay in the amount of $29 per two week pay period shall be paid to all bargaining unit employees who successfully complete the five Operational Level Courses of. Rope Rescue, Trench Rescue, Confined Space Rescue, Vehicle & Machinery Rescue, and Emergency Building Shoring or Structural Collapse. 2. Effective October 1, 2007, additional specialty pay in the amount of $29 per two week pay period shall be paid to all bargaining unit employees who successfully complete the four Technical Level Courses of: Rope Rescue. Trench Rescue, Confined Space Rescue. and Vehicle & Machinery Rescue. 3. Specialty Pay shall be included in an employee's regular rate of pay Nvhen determining that employee's overtime wages for each City 7(k) -designated pay period. 4. "Specialty Pay" shall be counted as compensation for retirement purposes. 52 FP 45849933.1 ARTICLE 40: DEFERRED COMPENSATION PLAN 1. Effective March 1, 2007, bargaining unit employees of local IAFF 3966 shall be afforded the opportunity to enter a retirement program governed by the Internal Revenue Code 457. It is however understood the City will make available the IAFF Financial Corporation 457 Plan as either the sole option, or one of the options that bargaining unit employees may participate in. Bargaining unit employees will be entitled to transfer 457 plan assets to the plan of choice without penalty from the City. 53 FP 45849933.1 ARTICLE 41: RESPONSIBILITIES/CONFLICTS OF INTEREST 1. It is agreed and understood that the individuals in the bargaining unit covered hereunder are supervisors whose primary duties oftentimes create a conflict of interest with the employees whom they supervise. It is, therefore, further agreed and understood that in the exercise of their supervisory duties and responsibilities, the individuals covered hereunder must, at all times, act in the best interest of the City of Sanford Fire Department as determined by City Management, the Fire Chief and other authorized management officials. Accordingly, the individuals covered hereunder will be held accountable for the faithful and efficient performance of'their supervisory duties and responsibilities, including, but not limited to the following: (a) Supervising a fire/rescue station and directing related operations, including the supervision of assigned station personnel and the oversight and maintenance of all apparatus and equipment. (b) Supervising fire and rescue scenes and incidents, including the direction of personnel and equipment as required. (c) Assigning work duties to all subordinate personnel. (d) Reviewing and evaluating the performance of subordinate personnel. (e) Providing written notice no later than three months prior to the end of the fiscal year to any subordinate personnel who are performing below standard level. (f) Conducting internal investigations. (g) Recommending disciplinary action, including dismissal, suspension, demotion, reprimand, and counseling. (h) Administering reprimands and counseling. (i) Training and/or administering the training of subordinate personnel, including 54 FP 45849933.1 precepting probationary firefighters. j) Evaluating, screening, interviewing, and making recommendations concerning the hiring of new employees. (k) Enforcing all City and Departmental rules, regulations, policies, procedures. and guidelines and making recommendations concerning revisions thereto. (1) Purchasing materials and equipment within policy guidelines and making recommendations concerning departmental purchases. (m) Ensuring safety of personnel at the fire station and other work sites. (n) Timely and accurately completing all forms, reports, and other paperwork relating to station operations. fire and rescue incidents, daily work and activities. and personnel matters. (o) Maintaining station and apparatus inventory. (p) Maintaining station and equipment security. (q) Providing budgetary input as required. (r) Administering and participating in public education programs. (s) Performing such other duties and responsibilities as are required under the Departments rules, regulations, policies, and procedures and/or as assigned by appropriate management authority. 55 FP 45849933.1 ARTICLE 42: ENTIRE AGREEMENT /DURATION The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by both parties after the exercise of that right and opportunity are set forth in this Agreement. The parties hereto may commence negotiations, under applicable law, on any succeeding agreement to take effect upon termination of this Agreement. 2. This Agreement shall become effective upon ratification by the bargaining unit members and approval by the City Commission and shall expire on September 30, 2025. 3. There shall be no wage increases after September 30, 2025 until negotiated between the City and the Union or resolved through the State of Florida statutory impasse process. SANFORD PROFESSIONAL FIREFIGHTERS,_LOC 3996, IAFF By: Title: President Date: 01/04/2023 56 FP 45849933.1 CITY OF SANFORD By: Title: Date: g;f j' if tR 84 en M rz 14 a 10 Q � c; z z z Lj to oz 0 z o -C IL W EXHIBIT B 2023 FIREFIGHTER[EMPENGINEER $45,920.00 - $77,420.04 FIREFIGHTER/PARAMEDIC $471.296.56 - $79,742.66 FIRE LIEUTENANT $62,891.36 - $106,035.56 2024 FIREFIGHTER/EMT/ENGINEER $47,000.00 - $82.065.24 FIREFIGHTER/PARAMEDIC $48,500.00 - $84,527.22 FIRE LIEUTENANT $64,300.00 - $112,397.69 2025 FIREFIGHTER/EMT/ENGINEER. $48.300.00 - $86.989.15 FIREFIGHTER/PARAMEDIC $50,000.00 - $89,598.85 FIRE LIEUTENANT $65,800.00 - $119.141.55 FP 45881845.1 _ S CITY OF �T, ' ANFORD "� �; WS: , RM: X FLORIDA Item No. (V CITY COMMISSION MEMORANDUM 23-00I X (ADD-ON) JANUARY 9, 2023, AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Ronnie McNeil, Fire Chief SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Fire Department Lieutenants Contract (2022-2025); Sanford Professional Firefighters, Local 3996 of The International Association of Fire Fighters STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval and ratification of the Fire Department Lieutenants Contract (2022-2025) with the Sanford Professional Firefighters, Local 3996 of the International Association of Fire Fighters is requested. FISCAL/STAFFING STATEMENT: The funding necessary to fund the Contract is short $11,740 for fiscal year 2022/2023. A budget amendment will be brought forward for approval at a later City Commission meeting. BACKGROUND: The City has been negotiating for an extensive period of time with the labor union representative of the Fire Department Lieutenants, the Sanford Professional Firefighters (SPF), Local 3996 of the International Association of Fire Fighters (IAFF). The IAFF is headquartered in Washington, D.C., and Ottawa, Ontario, and represents more than 333,000 full-time professional fire fighters and paramedics in more than 3,500 affiliates. IAFF members are said to serve more than 85% of the population in communities throughout the United States and Canada. The IAFF is also an active lobbying organization under the auspices of the IAFF Political Action Committee (FIREPAC). The SPF has received Certification from the Florida Public Employees Relations Commission (PERC) to represent Fire Department personnel within the bargaining unit. The Florida PERC has summarized the status of the labor laws of Florida as follows on its website: Public employees in the State of Florida have the constitutional right to collectively bargain. "Public employees" means employees of the state, counties, school boards, municipalities, and special taxing districts. This includes all fire, Fire, corrections, school teachers and support personnel, attorneys, medical personnel, state troopers, toll collectors, sanitation employees, clerical employees, etc. It is estimated that there are well over 600,000 public employees in bargaining units throughout the State of Florida. The Commission holds hearings and resolves disputes about the composition of bargaining units and alleged unfair labor practices. The negotiations referenced above have resulted in the City's negotiating team determining that the proposed contract, effective, nunc pro tunc, for the period of October 1, 2022 through September 30, 2025, should be submitted to the City Commission for approval and ratification the Contract having been executed by the SPF. The Contract will supersede and replace the agreement that had a duration that expired on September 30, 2022 and the new Contract will run through the current fiscal year and the following 2 fiscal years. The Contract applies only to Fire Department Lieutenants. The Contract does not cover the Fire Chief, Deputy Fire Chief, Fire Marshal, Battalion Chief -Operations, Battalion Chief -EMS, Battalion Chief -Training, Fire Protection Inspector, Fire Fighter/EMT Engineer, Fire Fighter/Paramedic or any other employee of the City. The Contract sets forth an array of negotiated items and matters to include: (1). Recognition of the SPF. (2). Prevailing rights, rules and regulations. (3. Non-discrimination provisions. (4). Staffing and equipment. (5). Scope of duties. (6). Managerial rights of the City. (7). Discipline and discharge. (8). Grievance procedures. (9). Educational assistance. (10). Insurance. (11). Voting and civic service/ (12). Drug, alcohol and medical testing. (13). Union business. (14). Bulletin boards. (15). Distribution and solicitation. (16). Dues deduction. (17). Workers compensation and light duty. (18). Promotions. (19). Military duty. (20). Work stoppages. (21). Wages with a 12% adjustment effective October 1, 2022 and a 6% adjustment effective the following 2 October 1 dates in the Contract term. (22). Hours of work and overtime. (23). Call back pay. (24). Working out of classification. (25). Preceptor pay. (26). Education incentive. (27). Retirement benefits. (28). Paid time off. (29). Health and wellness program. (30). Holidays, (31). Sick leave. (32). Bereavement. (33). Leaves of absence without pay (34). Recertification. (35). Tobacco use. (36). Engineer incentive. (37). Specialty pay. (38). Deferred compensation plan; (39). Responsibilities/conflicts of interest. (40). Technical contractual provisions. The City's negotiation team believes that the terms and conditions that have been reached during the course of the intensive and detailed negotiations have resulted in a Contract that is fair to Fire Department Lieutenants and the City and results in the citizens of the City being ensured of high quality personnel being engaged in City fire suppression and protection activities and functions to serve the public and protect the public safety of the citizens and property owners of the City. LEGAL REVIEW: The Assistant City Attorney has assisted in the drafting of this agenda memorandum. RECOMMENDATION: City staff recommends that the City Commission approve and ratify the Fire Lieutenants Contract (2022-2025) with the SPF, Local 3996 of the IAFF. SUGGESTED MOTION: "I move to approve the Contract as proposed." Attachment: Fire Lieutenants Contract (2022-2025) with the Sanford Professional Firefighters, Local 3996 of the International Association of Fire Fighters.