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849-FOP Collective BargainingPH PREAMBLE This Agreement {s entered into effective ;~' · Ci~ of Sdord, hereinafter referred to as the "Ci~," and Florida 8 Order of Police, hereinafier referred to as the "FOP." ARTICLE 1 RECOGNITION Section 1. The City hereby recognizes the Florida State Lodge of Fratemal Order of Police as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms and conditions of employment for all employees in the bargaining unit., Section 2. The certification by the City of Sanford Public Employees Relations Commission in Case No. RC 93-2, and as a result thereof, the City recognizes the FOP as the exclusive collective bargaining representative for the following bargaining unit: INCLUDED: All police officers, all police sergeants, all police corporals (except those police sergeants and/or police corporals specifically excluded). EXCLUDED: Police chiefs, deputy police chiefs, commanders, police corporals or police sergeants assigned to the Division of Investigations and Division of Special Investigations who regularly conduct internal investigations (currently Police Sergeant and Police Sergeant Willie Harden), Police Corporal or Sergeant assigned to the Division of Community Affairs (currently Police Sergeant Aaron Keith and Police Corporal Richard Poovey), and all other employees of the City of Sanford. - 2 - ARTICLE 2 MANAGEMENT RIGHTS Section 1. Except as specifically and expressly abridged, limited or modified by the written terms of this Agreement, all of the rights, powers and authority previously possessed or enjoyed by the City of Sanford prior to this Agreement are retained by the City, and may be exercised without prior notice or consultation with the FOP. Section 2. Nothing in this Agreement shall be construed so as to limit or impair the right of the City to exercise its sole and exclusive discretion and authority on all of the following matters: A. To manage the Police Department and exercise sole and exclusive control and discretion over the organization and operations thereof. B. To determine the purpose and functions of the Police Department. C. To determine and adopt such policies and programs, standards, rules and regulations as are deemed by the City and the Department to be necessary for the operation/improvement of the Police Department, and to select, manage, direct, and evaluate all management, supervisory, administrative and other personnel. D. To take such measures as the City may determine to be necessary to maintain order and efficiency relative to both the work force and the operations/services to be rendered thereby. E. To set methods, means of operations and standards of service to be offered by the Police Department, and to contract such operations/services to the extent deemed necessary, practical and feasible by the City in its sole discretion. F. To decide the number, location, design and maintenance of the Police Department's facilities, supplies and equipment. To relocate, remodel or otherwise revise operations and facilities as may be deemed necessary by the City. G. To determine the qualifications of all employees of the Police Department. To select, examine, hire, classify, reclassify, train, assign, schedule, direct, transfer, promote, demote, discipline, discharge, lay off, retain and manage all employees of the Department. To increase, reduce, change, modify or alter the size and composition of the work 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 opera- tions/services shall be increased or decreased. - 3 - J. 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, dots, civil disorders, hurricane/tornado conditions, 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, dudes, responsibilities, or the technology required to perform work. Section 5. The City has the sole, exclusive fight 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, direetives, and guidelines, including such matters as affirmative action and equal employment opportunity, and the FOP shall cooperate and do all things necessary to facilitate compliance with said laws. Section 8. The City shall have the right, during the term of this Agreement, to terminate selected services/operations permanently. The City shall also have the right, from time to time during this Agreement, to suspend selected services/operations in whole or in part. Section 9. Except as otherwise expressly provided in this Agreement, any written rule, regulation, policy or procedure affecting employees of the bargaining unit in effect prior to, as well - 4 - as those issued after, the effective date of this Agreement, shall remain and be in full force and effect unless changed, modified or deleted by the City. Final authority to change, modify, or delete any role, 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. - 5 - ARTICLE 3 NO-SMOKING POLICY Section 1. The City of Sanford Police Department shall be declared a "No-Smoking" Department. Accordingly, no employee covered hereunder shall be permitted to smoke or otherwise use tobacco products of any nature on duty. The term "on duty" shall include any time the employee is on paid status. Section 2. The City reserves the fight to conduct any form of medical examination or test to determine whether an employee covered hereunder is in compliance with this No-Smoking Policy. Section 3. Employees found not to be in compliance with the No-Smoking Policy shall be subject to a one (1) day suspension for a first offense, a three (3) day suspension for a second offense, and termination for a third offense. Section 4. The parties agree that the Police Chief will make a good-faith effort to formulate a no-smoking policy (tobacco use policy) consistent with the professional standards and image required of employees covered hereunder. Upon acceptance of any such new policy by the FOP, this Article shall be removed from the Agreement, and the subject of smoking or otherwise using tobacco products of any nature on duty shall be governed exclusively by the Department's new policy. - 6 - ARTICLE 4 DUES DEDUCTION Section 1. Any member of the FOP, who has submitted a properly executed written dues authorization card or statement 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. 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 mount 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 frees, penalties, or non-uniform assessments from the wages of any member. Section 2. Any authorization for dues deduction may be canoeled by the employee upon thirty (30) days written notice to the City with a copy to the FOP. 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 mount of dues to be paid. - 7 - ARTICLE 5 WORK STOPPAGES Section 1. The FOP, its officers, representatives, agents or members covered by this Agreement shall not engage in, instigate, or support any strike, work stoppage, slowdown, or picketing in furtherance of any' strike or work stoppage, slowdown or refusal to perform assigned work. Picketing as used herein shall mean any action which prevents any employee of the City from reporting to or continuing work or prevents the public from entering any City facility. Picketing for purely informational purposes shall not be prohibited. Section 2. Recognizing that Florida law prohibits the activities enumerated in Section 1 above, the parties agree that the City shall retain the fight 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 Depamnent'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. - 8 - ARTICLE 6 STEWARDS AND FOP BUSINESS Section I. The FOP shall be permitted to have one (1) Union Steward, one (I) Alternate Steward, and one (1) Acting Altemate Steward. The FOP shall provide written notification to the Chief of Police and the Personnel Director of the names of the employees. designated as the Union Steward, the Alternate Steward, and the Acting Altemate 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 Altemate 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 often (10) days off annually (without pay) to attend official FOP functions; provided, however, that the Union Steward must strictly comply with the following: (a) The Union Steward must provide the Chief of Police with a written request for the day off at least ten (10) days in advance. CO) Approval of the request would cause no staffmg problems or cause the Deparlxnent to incur additional expense. (c) The Police Chief or his designee approves each request in writing. (d) If the Union Steward cannot attend a particular FOP function due to illness, injury, or the need to participate in Departmental assignment or training, the alternate may attend if he/she strie~y complies with this Section4 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), Co), 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 or the altemate 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. - 9 - Section 5. If both the Union Steward and the Altemate Steward are on vacation or otherwise absent from work, the Acting Altemate 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. - 10 - ARTICLE 7 NON-DISCRIMINATION Section 1. Neither the Union 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 reslriet the City or any employee from taking any lawful action to implement equal employment oppommity and affirmative action. - 11 - ARTICLE 8 BULLETIN BOARDS Section 1. The City shall permit the FOP exclusive use of the existing bulletin board located on the east wall in the Patrol Room between booking rooms 1 and 2. The FOP shall utilize the bulletin board for the posting of FOP business and. im~ormation, as follows: (a) (b) (c) (d) (e) (f) (g) (h) Notice of Union meetings. Notice of Union elections and results. Copies of the Union's constitution and bylaws and amendments thereto. Notice of FOP recreational and social affairs. Copy of this Agreement. Minutes of Union meetings. Names of FOP officials and changes thereto. 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. - 12 - ARTICLE 9 LABOR-MANAGEMENT COMMITTEE Section 1. Them shall be a Labor-Management Committee which shall consist of three (3) members who shall be designated in writing by the FOP and three (3) members who shall be designated by the City. Section 2. The Labor-Management Committee shall meet on a quarte~y 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. - 21.3 - ARTICLE 10 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 fight to amend or revise any of the foregoing, such amendments or revisions shall be provided to the FOP. Section 2. Upon written request from the FOP, the City shall provide the FOP with a copy of a computer print-out reflecting the names and classifications of the bargaining unit employees; provided, however, that such written request shall not be made more often than on a quarterly basis. Section 3. For the purposes of this Article, the Union Steward or the alternate Union Steward shall be the authorized representative of the FOP. Section 4. The Union Steward or the alternate Union Steward shall be released from duty, workload permitting, with pay, for the purposes of attendance at grievance meetings under Step 2 and Step 3 of the grievance procedure. Any attendance at such meetings on off-duty time will not be compensated. Not more than one representative will be released from duty for any one grievance meeting. This last limitation shall not prevent the alternate Union Steward from attending any grievance meeting under Step 2 or Step 3 of the grievance procedure on his own time, but is merely a restriction that only one FOP representative shall be released from duty at any given time. Before attending a grievance meeting under Step 2 or Step 3 of the grievance procedure, the Union Steward or the altemate Union Steward (whomever will attend) shall notify his/her Commander or the Deputy Chief of the time and date of such meeting, sufficiently in advance to permit proper work assignment coverage. - 14 - ARTICLE 11 APPLICATION OF CIVIL SERVICE The wages, hours, and other conditions of employment of the barging unit employees shall be govemed exclusively by the provisions of this Agreement and any other provisions which are specifically incorporated herein by reference. Except as specifically incorporated herein by reference, the provisions of the City of Sanford Civil Service system shall have no application to the bargaining unit employees. Upon final approval of this Agreement by the City Commission, the City Commission shall enact an appropriate ordinance to implement this Article. - 1B - ARTICLE 12 DISCIPLINARY ACTION Section 1. Employees shall be demoted, suspended, dismissed, or otherwise disciplined in accordance with City and Departmental Policies and Procedures. Any such demotion, suspension, dismissal, or other disciplinary action shall be subject to the grievance/arbitration procedure set forth in this Agreement. Probationary police officers, however, shall not be permitted to utilize the grievance/arbitration procedure to contest discipline 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 formal investigation. Section 3. All disciplinary action under this Article shall be formal in nature -- i.e., in writing. This section shall not restrict supervisors from issuing oral reprimands or cautions or engaging in verbal counseling and any such oral reprimand or caution or verbal counseling shall not · constitute formal disciplinary action under this Article.) Section 4. Notwithstanding any current City or Departmental Policy or Procedure, the receipt of two (2) formal disciplinary actions of any kind (e.g., written reprimand, demotion, or suspension) within any two (2) year period shall result in placement of the employee on six (6) month special probationary status. Should any additional formal disciplinary action whatsoever occur within the six (6) month special probationary period, the employee may be subject to more serious progressive discipline, including termination. For the purpose of the application of this Section only, written reprimands received prior to the effective date of this Agreement shall not be counted. Written reprimands predating the effective date of this Agreement, however, may be utilized to administer disciplinary action under other provisions of this Article. Section 5. Notwithstanding the provisions of Section 4 above, nothing herein shall require any specific number of disciplinary actions to terminate an employee for a first or second disciplinary offense where such offense is considered a termination offense under City or Departmental rules or where such offense has resulted in termination of any City or Departmental employee prior to the effective date of this Agreement. Section 6. 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 7. 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 - 16 - normally be conducted at Departmental facilities. Absent unusual circumstances, telephone interviews shall normally not be utilized during an Intemal Affairs/disciplinary action investigation. Telephone calls to an employee on behalf of the Department during the employee's off-duty hours shall not be compensated unless such telephone call is in the nature of a pre-arranged investigative interview. Section 8. All employees shall have the fight to inspect and make notes of their individual records, and no records will be hidden from the employee's inspection. One (1) copy of the final investigative report will, upon request, be provided to the subject employee at no cost. Section 9. 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 10. 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: At the request of any employee under investigation, he/she shall have the right to be represented by counsel or any other representative of his choice who shall be present at all times during such interrogation. Even if the employee under investigation does not request representation, a union representative shall have the right to be present during the interrogation unless the employee specifically objects to such presence. 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 troth of his/her responses shall not be used against the employee in any disciplinary proceeding. During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations which are the subject of the inves- tigation. d. The findings of Internal Affairs Investigations shall be labeled as follows: Sustained -- a finding or a conclusion that an allegation is supported by a preponderance of evidence. Unfounded -- a finding or a conclusion that there is no credible evidence whatsoever to support the allegation. - 17 - Unsubstantiated -- a finding or a conclusion that sufficient credible evidence was lacking to prove or disprove the allegation. Exonerated -o a finding or a conclusion that the incident occurred, but the individual's actions were lawful and proper or there was a policy failure. Only "sustained" fmdings which result in disciplinary action will be inserted in an employee's official personnel file. Unfounded; unsubstantiated, and exonerated findings shall be retained in Intemal Affairs files in accordance with the record retention policies of the State of Florida. The charge of "conduct unbecoming art' officer" 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. - 18 - ARTICLE 13 GRIEVANCE AND ARBITRATION Section 1. Bargaining unit employees will follow all written and verbal orders given by superiors, even if such orders are alleged to be in conflict with this Agreement. Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. Section 2. A "grievance" is a claimed violation of this Agreement, including, but not limited to, the claim that a discharge or other disciplinary action violated a specific provision of this Agreement. No grievance will, or need be, entertained or processed, unless presented in the manner described herein, and unless filed in a manner provided herein within the time limit prescribed herein. Grievances are limited to claims which are dependent for resolution upon interpretation or application of one or more express provisions of this Agreement. Section 3. Grievances will be processed in the following manner and strictly in accordance with the following stated time limits: STEP ONE: The aggrieved employee shall present his grievance in writing to his Division Commander 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 Division Commander shall forward a copy of the grievance to the Police 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; (e) state- ment of fact pertaining to or giving rise to the alleged grievance; and (d) the specific relief requested. The Division Commander shall, within ten(10) calendar days after presentation of the grievance, render his decision on the grievance in writing with copies to the Cxdevant, the Police Chief, the Personnel Director, and the Union. - 19 - STEP TWO: Any grievance which cannot be satisfactorily settled in STEP ONE above shall then be taken up with the Police Chief or his designee. The grievance, as specified in writing in STEP ONE above, shall be filed with the Police Chief within ten (10) calendar days after the due date for the Division Commander's response in STEP ONE above. The Police Chief or his designee shall conduct a fact-finding meeting with the Grievant, his/her FOP representative (if any), and the Division Commander. Thereafter, the Police 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 which cannot be satisfactorily settled in STEP TWO above shall then be taken up with the City Manager or his designee. The grievance, as specified in writing in STEP ONE above, shall be filed with the City Manager within seven (7) calendar days after the due date for the Police Chiefs response in STEP TWO above. The City Manager or his designee may conduct a meeting with the Grievant, his/her FOP representative and appropriate Deparlxnent managers. Thereafter, the City Manager shall issue his decision in writing on the grievance, with copies to the Grievant, the Union, and the Department within ten (10) calendar days after the presentation of the grievance at this Step. Section 4. If the Grievant is not satisfied with the City Manageis decision in STEP THREE above, the Grievant may request arbitration by hand delivery or by certified or registered mail of a written notice to the City Manager within seven (7) calendar days of receipt of the City Manager's written decision. Said written notice of arbitration shall include a written statement of the position of the Crrievant with respect to the issues upon which arbitration is being sought. Under no circumstances shall the issues to be arbitrated be expanded from the issues set forth in the original grievance filed as STEP ONE of the grievance procedure. Section 5. Within ten (10) calendar days from receipt of such notice of arbitration, the parties shall meet to select an arbitrator. In the event the parties cannot agree on an arbitrator, they shall, within five (5) calendar days, jointly request a list of nine (9) qualified arbitrators from the Federal Mediation and Conciliation Services. The Union and the City will alternately eliminate one at a time from said list of names persons not acceptable, until only one (1) remains, and this person will be the arbitrator. The City and the Union will alternate in the right to first strike names in successive arbitrations, with the strike of the first arbitration panel to be determined by the toss of a coin. - 20 - Section 6. As promptly as possible after the arbitrator has been selected, he 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, shall be shared equally by the parties. Any party desiring a transcript of the heating shall bear the cost of its transcript unless both parties murmally 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 heating. Section 7. The arbitrator will confine his consideration and determination to the written grievance presented in STEP ONE of the grievance procedure. The arbilrator shall have no authority to substitute his judgment for that of management and/or to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this Collective Bargaining Agreement be construed by arbitrator to supersede applicable state and federal laws or City ordinances or resolutions, except to the extent as specifically provided herein. Section 8. The arbitrator may not issue declaratory opinions and shall confine himself exclusively to the question which is presented to him, which question must be actual and existing. The party filing the grievance and requesting arbitration shall, at all times, have the burden of proving by clear and convincing evidence that a specific provision of this Agreement was violated. Either party shall be entitled to seek review of the arbitmtor'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 retroaetive adjustment, that no arbitrator shall have the right to determine that back wages or other retroaetive 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. - 21 - (b) Grievances not submitted by the Grievant in a timely manner shall be conclusively barred on the merits following the expiration of the prescribed time limit. Such a time-barred grievance may not be entertained or processed, and only facts disputed as to timing will be the subject of any arbitration resulting from the matter. A grievance which is for any reason not the subject of a timely response by the City or by the Department shall require the Grievant to proceed to the next Step, and failure of the G~evant 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 falls 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 with whomever he wants to represent him. It is traderstood that either an individual, an attorney, or the Union may represent a Gdevant, but under no circumstances shall more than one person represent the Grievant at any step of the grievance procedure. In the event the City is notified that the Grievant is representing himself/herself or is otherwise not being represented by.the Union, the City shall so notify the Union. The Union may monitor and attend such grievance steps but may not participate otherwise. Section 13. Where a grievance is general in nature in that it applies to a group of employees rather than a single employee, or if the grievance is directly between the Union and the Department or the City, such grievance shall be presented in writing directly to the 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 Union Steward, or an officer of the state FOP. Thereafter, the grievance shall be processed in accordance with the procedures set forth in STEPS TWO and THREE above; provided, however, that the grievance must contain the detailed information required in STEP ONE above. Section 14. A non-dues-paying bargaining unit employee may avail himself/herself of all procedures under this Article. In so doing, such non-dues-paying bargaining unit employee shall be required to bear the full cost of preparing and presenting his/her own case and his/her arbitration expenses as set forth in Section 6 above. - 22 - ARTICLE 14 WORKWEEK AND OVERTIME Section 1. The standard payroll workweek shall begin at 00:01 hours on the Saturday and end at 24:00 hours on Friday. The work cycle shall be a fourteen (14) day work period under the FLSA 7(k) exemption. The City agrees employees covered by this Agreement shall be scheduled to work eighty-six (86) hours per fourteen (14) day period. Section 2. Any bargaining unit member assigned to patrol duties twelve (12) hour shift shall be entitled to a paid meal period of one (1) hour. Bargaining unit members assigned to a ten (10) hour shift shall be entitled to a paid meal period of forty-five (45) minutes. Bargaining unit members assigned to an eight (8) hour shift shall be entitled to a paid meal period of thirty (30) minutes. Paid breaks (not to exceed two (2), fifteen (15) minute breaks per shift) will be allowed if operational needs permit. Section 3. Employees shall be required to work overtime when ordered. Overtime shall be scheduled in accordance with Departmental Policies and Procedures and administered in accordance with the provisions of this Article. Nothing herein shall restrict the Department from canceling or reseheduling 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 mended. Overtime may be paid through payment of compensatory time in accordance with current Departmental policy. Under no circumstances shall sick leave, vacation leave, or any other time not actually worked count as "time worked" or "hours worked" for purposes of calculating entitlement to overtime (or equivalent compensatory time). Section 5. Request to use compensatory lime will be made by the employee to the Division Commander. The Division Commander 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. - 23 - ARTICLE 15 UNIFORMS AND EOUIPMENT 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. - 24 - ARTICLE 16 PHYSICAL FITNESS Section 1. The City and the Union agree that employees covered hereunder must maintain a high level of physical fitness in order to safely and efficiently perform their assigned duties and serve and protect the citizens. Section 2. Each bargaining unit employee shall be required to successfully complete (and pass) the Physical Abilities (Fitness) Test established by the Division of Criminal Justice Standards Training of the Florida Department of Law Enforcement within one hundred eighty (180) days of execution of this Agreement. The physical abilities test measures specific physical abilities through participation in a series of job-related tasks as follows: (a) Exiting car/enter trunk. (b) 220 yard run. (c) Obstacle course. (d) Dummy drag. (e) Obstacle course (repeat). (f) 220 yard run (repeat). (g) Weapon fire. (h) Enter mink/enter ear. The test is intended to be conducted in a continuous fashion resulting in a total composite score (i.e., time to complete the course). The .test will be administered on a pass/fall basis. The highest passing score an applicant may achieve on the physical abilities test is 7 minutes 9 seconds. (Applicants scoring at or above 7 minutes 10 seconds fall.) Section 3. Each bargaining unit employee shall be scheduled to take the physical abilities test on an annual basis. All tests (except for retests) will be administered in the months of February, March and April. For fiscal year 1996-1997 only, any employee covered hereunder may take a "practice" test under the same supervised and timed conditions as are applicable to the actual (initial) test. If the employee passes the "practice" test with the score required in Section 2 above, he/she will be deemed to have passed the actual (initial) test for fiscal year 1996-1997. If the employee does not pass the "practice" test, it shall be his/her responsibility to arrange to take the actual (initial) test in February, March and April, within the time period prescribed in Section 2 above. The taking of - 25 - a "practice" test will not relieve any employee of the requirement that the actual (initial) test be taken within one hundred eighty (180) days of the execution of this Agreement. Section 4. No bargaining unit employee will be eligible for any wage increase unless he/she has passed the physical abilities test prior to the date the wage raise is to be awarded. No bargaining unit employee will be eligible to take a promotional examination if he/she has not passed the annual physical abilities test prior to the announcement of the promotional ex~,a-nination. Section 5. Any employee failing the physical abilities test must make a special appointment to retake the test within ninety (90) days. Failure to pass the retest (i.e., the second test) will result in a five (5) days suspension without pay. An employee falling the retest (second test) will have ninety (90) days within which to pass a second retest (third test). Failure on the second retest will result in the employee's termination due to his/her inability to perform the essential physical functions of his/her job. Section 6. An employee who has a bona fide medical condition or injury which prevents him/her from taking the physical abilities test (or a portion thereof) will be dealt with on an individual basis. In all such cases, the City Physician will determine the nature and extent of the employees medical condition or injury; whether the test should be postponed pending resolution of the employees medical condition or injury (if such medical condition or injury is temporary); whether the test may be modified so as to accommodate the employees medical condition while still measuring the same physical abilities; and such other medically-related issues which facilitate proper measurement of the physical abilities necessary to successfully perform the employee's job. Section 7. The City, at its discretion, may send any employee covered hereunder for a medical and/or psychological examination where his/her medical and/or mental fitness for duty is at issue. Such examinations shall be conducted at no cost to the employee and shall be administered while the employee is on duty or is otherwise in paid status. Section 8. In the event the examination set forth in section 7 above determines the need for additional tests or information, the City will bear the cost associated with such additional tests, if so ordered, including the opinion(s) of additional physicians and/or psychologists. Section 9. The parties agree that the Police Chief will make a good-faith effort to develop a Physical Fitness/Wellness Program to replace the current Physical Abilities Test. Upon acceptance of any such new program by the FOP, Sections 1, 2, 3, 4, 5, and 6 above will be removed from this Article, and the subject of physical fitness/wellness including related testing, shall be governed exclusively by the Department's new program. - 26 - ARTICLE 17 WORKING OUT OF CLASSIFICATION Section 1. In the event the shift (patrol) Sergeant is absent, the Police Chief, Deputy Police Chief,: or Police Chiefs designee shall designate the Corporal on the same shift to serve as Acting Sergeant. In the event the shift (patrol) Corporal is absent, the Police Chief, the Deputy Police Chief, or the Police Chiefs designee shall designate a police officer on the same shift to serve as Acting Corporal. Any employee designated by the Police Chief, Deputy Police Chief, or Police Chiefs designee to serve as an Acting Sergeant or Acting Corporal for a period in excess of eighty- six (86) consecutive regularly scheduled work hours shall receive a one-step (3%) increase to his/her regular rate of pay for all hours worked in the Acting Sergeant or Acting Corporal 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. Nothing herein shall require the Police Chief, the Deputy Police Chief, or the Police Chiefs designee to designate a shift (patrol) Corporal as the shift (patrol) Sergeant where both the shift Sergeant and shift Corporal are absent. Under these circumstances, a police officer on the shift will be designated as an Acting Corporal, and the Police Chief, Deputy Police Chief, or the Police Chiefs designee will determine whether to temporarily assign a Sergeant from another shift or utilize non-bargaining unit management personnel to perform the Sergeant's duties. Clf the Police Chief, the Deputy Police Chief, or the Police Chiefs desiguee designates a Corporal from another shift to serve as the Acting Sergeant, such Corporal will be eligible for the aforementioned one-step increase if he/she fulfills the eighty-six (86) consecutive regularly scheduled work hours service requirements set forth above.) Section 3. Nothing herein shall require the Police Chief, the Deputy Police Chief, or the Police Chiefs designee to designate any employee to serve as an Acting Sergeant or Acting Corporal where the regular shift Sergeant or shift Corporal is absent for less than an entire shift. Further, nothing herein shall require the Police Chief, the Deputy Police Chief, or the Police Chiefs designee to designate an employee to serve as an Acting Sergeant or Acting Corporal where the regular shift Sergeant or shift Corporal is absent for a single shift on an unscheduled or unanticipated basis. Section 4. For the purposes of administration of this Article, employees designated and serving as Acting Sergeants or Acting Corporals shall document their timecards to reflect the exact periods of such service. Section 5. This Article shall not require the designation of Acting Sergeants or Acting Corporals in divisions other than patrol. If, however, the Police Chief, the Deputy Police Chief, or the Police Chiefs designee designates an Acting Sergeant or Acting Corporal in a non-patrol unit or division, any employee so designated will be eligible for the aforementioned one-step increases if he/she fulfills the requirements set forth in Section 1 above. - 27 - ARTICLE 18 PUBLICATION OF AGREEMENT The City will furnish to the Union an original and one (1) copy of this Agreement fully executed by the appropriate City officials. The Union may make and distribute such additional copies of this Agreement as it deems appropriate. - 29 - ARTICLE 19 SAFETY The City and Union agree that they will comply with all applicable health and safety laws. The City and the Union will cooperate in the continuing 0bjeetive of eliminating accidents and health hazards. - 30 - ARTICLE 20 PROMOTIONS Section 1. The purpose of this Article is to establish a fair and equitable procedure to select the most qualified individuals for promotion. Section 2. Any police officer with a minimum of three (3) consecutive years of experience in the Department immediately prior to the promotional examination shall be eligible to take a promotional examination for Corporal if he/she otherwise meets all of the qualifications for the promotion. Any police officer with a minimum of four (4) consecutive years of experience in the Department immediately prior to the promotional examination shall be eligible to take a promotional examination for Sergeant if he/she otherwise meets all of the qualifications for the promotion. Service as a Corporal shall not be a prerequisite for promotion to Sergeant. Section 3. Whenever practical, promotional examinations shall be announced and scheduled at least sixty (60) days prior to the actual examination date. Section 4. Promotional examinations will utilize: (a) Written tests; or (b) Oral examinations; or (c) Interviews; or (d) In basket; or (e) Role-playing; or (f) Tactical plan; or (g) Operational plan; or (h)/xaxy combination of the foregoing. Section 5. At the time of announcement and scheduling of a promotional examination, the Department shall announce the date and place of the examination; the method by which examination scores will be determined; cut-off scores (if any) for various sections of the examination; type of examination (written test, oral examination, etc.); eligibility requirements (i.e., other than those set forth in this Article); sources (other than practical experience) from which examination questions may be dram; and reference material and/or study guides which will assist applicants in preparing for the examination. - 31 - Section 6. Notwithstanding the provisions of Section 4 and Section 5 above, all promotional examinations shall include a written test component which shall constitute at least thirty percent (30%) of the promotional examination. A promotional examination for the rank of Corporal shall include an oral test, interview, or role-playing component which shall constitute at least thirty percent (30%) of the promotional examination. In addition to a written test, a promotional examination for the rank of Sergeant shall include an oral test, interview, or role-playing component and an in basket, tactical plan, or operational plan component. For the promotional examination for the rank of Sergeant, the two additional components (i.e., components other than the written test) shall each constitute no less than twenty percent (20%) of the promotional examination. Section 7. Oral test, interview, and role-playing components of promotional examinations shall be conducted by a three (3) member panel as follows: A member of the City of Sanford Police Department with the rank of Commander or higher. Two (2) full-time law enforcement officers with the rank of Lieutenant or higher employed by different agencies within Seminole County. The three (3) panel members shall be selected by the City Personnel Director. Section 8. At the conclusion of a promotional examination, the City Personnel 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 on the promotional examination (e.g., 70). The promotional (eligibility) list shall be valid for twelve (12) months, but may be extended by the City for a period not to exceed an additional twelve (12) months. Section 9. No employee shall be eligible for promotion unless he/she has been ranked overall "Performer" 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 eighteen (18) months prior to the actual appointment (promotion). No employee shall be eligible for promotion if he/she has not passed the most recent physical abilities test set forth in this Agreement. The Department must administer the physical abilities test within fourteen (14) days of the promotional examination or the physical abilities test requirement will be waived for the purpose of this promotional examination only. Employees must file written intent to take a promotional examination within fourteen (14) days of the announcement of the promotional examination. Failure to file a written intent of taking the examination in a timely manner shall result in 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. - 32 - Section 10. Although there are no formal educational requirements for taking the corporal and sergeant promotional examinations under this Article, the parties recognize that the Police Chief, in his discretion, may consider educational attainment (along with other factors) in making his selection for filling a promotional vacancy for corporal or sergeant. Section 11. If a valid eligibility list exists, a promotional vacancy will be filled within sixty (60) days from the list in effect at the time the vacancy eec,~s unless the Police Chief determines that budgetary considerations warrant further postponement. Section 12. This Article shall not apply to promotions to ranks above the rank of Sergeant. - 33 - ARTICLE 2 1 GENERAL PROVISIONS Section 1. Resideney - Employees covered heretrader are required to timely respond to emergency situations. Therefore, as a condition of initial hire and continued employment, employees covered hereunder shall reside within thirty (30) minutes from Police Headquarters. (Note: The parties agree that the following four (4) employees shall be exempt from this residency requirement unless and until he relocates from his current address: Darren Scott, Frank Hewitt, and Richard Poovey.) Failure to comply with this Section shall result in termination of employment. Section 2. Outside Employment - Upon the approval of the Chief of Police, an employee covered hereunder may accept and be employed in an off-duty job which is not in violation of federal, state, or local laws and is not in conflict with ongoing law enforcement operations or activities. The employee must complete an off-duty employment request and submit such request through his/her chain of command. The request will be approved or disapproved within seven (7) days. Section 3. Personnel Records ~ Any employee shall have the right to include in his/her official personnel file his/her swom statement and/or swom 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 offmial personnel file. Section 4. Off-Duty Details - All requests for uniformed off-duty security work will be put on a list and rotated on a monthly basis between the sections of the Department in accordance with current policy. No employee on vacation leave will be permitted to work a uniformed off-duty detail. The rate of pay for uniformed off-duty security work will be Eighteen Dollars ($18.00) per hour, with a minimum of three (3) hours. Section 5. Funeral Detail - In the event of an "in line of duty death" of a police officer, the Police Chief (or his designee) may designate one or more employees covered hereunder to represent the City of Sanford Police Department at the funeral services. Any employee so designated shall be allowed time off with pay and shall be provided with transportation. Where the Police Chief designates one or more employees to attend funeral services at a location more than one hundred fifty (150) miles from Sanford, the Police Chief may authorize payment of oremight lodging and food expenses (if it would be unreasonable for the employee or employees to remm from the funeral within the same day). If a City vehicle is utilized to attend the funeral services, the Union may designate an off-duty employee to accompany the employee(s) designated by the Police Chief; provided that there is - 34 - available space in the vehicle, the FOP-designated employee is (and shall be) on non-pay status (i.e., a volunteer), and the FOP is (and shall be) responsible for its designee's travel expenses (other than transportation). If the Police Chief does not designate any employee to attend a funeral for a police officer killed in the line of duty, the FOP may request that it be permitted to designate an off-duty employee or employees (not to exceed four (4)) to attend the funeral. Under such circumstances, the Department shall provide the vehicle and the fuel for such vehicle if the Police Chief (or his designee) determines that there are sufficient vehicles available to meet operational needs. No vehicle will be issued to FOP designees to attend funerals outside the State of Florida. The FOP will be responsible for all of its designees' travel expenses, including food and lodging. As a condition precedent to obtaining the use of the Department's vehicle (and fuel), the FOP must obtain the agreement of the Police Chief (or his designee) as to the duration oft he trip. Employees attending such funeral services shall wear their Class A uniforms. - 35 - ARTICLE 22 RETIREMENT BENEFITS Section 1. The City shall continue to provide the employees covered hereunder with retirement benefits pursuant to the retirement program presently in effect. The City will abide by all ordinances and statutes governing the City's retirement program. - 36 - ARTICLE 23 FAMILY LEAVE Family leave benefits will be governed by the provisions of the "Family and Medical Leave Act of 1993" and any applicable City Personnel Rules. - 37 - ARTICLE 24 LEGAL BENEFITS Employees covered hereunder shall Ix~ governed by existing City policy and practice concerning defense of lawsuits and payment of judgments. - 38 - ARTICLE 25 WORKERS' COMPENSATION BENEFITS Workers' Compensation benefits shall be governed by existing state law. - 39 - ARTICLE 26 JOB DESCRIPTIONS Upon the execution of this Agreement, copies of all current job descriptions for positions covered hereunder shall be furnished to the Union. Should any job description subsequently be mended, a copy of such mended job description shall be provided to the Union. Nothing herein shall restrict the City from mending any job description to include additional duties reasonably relating to or supportive of law enforcement. - 40 - ARTICLE 27 EDUCATIONAL REIMBURSEMENT Reimbursement for educational expenses shall be govemed by current City rules and regulations. Any employee desiring to attend college classes during his/her scheduled shift must have the written approval of the Chief of Police. The Chief of Police shall have exclusive discretion to determine whether the employee will be permitted to attend classes during his/her scheduled shift and (if so) whether the employee may utilize vacation, compensatory time, or adjusted work hours to facilitate attendance at such classes. Under no circumstances shall the City incur an additional expense (e.g., overtime payment) as a result of any employee attending college classes during his/her scheduled shiR. An employee desiring to attend college classes during his/her scheduled shift shall file a written request with the Chief of Police at least thirty (30) days in advance of the commencement of such classes. Such written request shall contain such information as would assist the Police Chief in exercising his discretion to grant (or not grant) the request - e.g., the name of the course; the times and dates of the elass(es); the mason why the come must or should be taken; the reason why the course or an alternate course cannot be taken at a different time, etc. - 41 - ARTICLE 28 SENIORITY Section 1. Seniority for the purpose of vacation accrual shall be defined as the length of continuous service in full-time City employment and will continue to accrue during all types of leaves of absence with pay and other leaves if specifically provided in tbAs Agreement. Section 2. Selection of vacation schedules shall be in accordance with current policy and practice. Section 3. Shift assignments, assignments to specialized units or positions, and transfers will be made at the discretion of the Police Chief, who may consider factors other than seniority, e.g., manning requirements, special skills, training, and/or rank. Where the Police Chief determines that manning, skills, training, rank, and other operational requirements are met, he shall utilize seniority within job classification (if applicable) or seniority within the Department to determine which employee receives a particular shift assignment, assignment to a specialized unit or position, or transfer. Nothing contained in this paragraph shall be deemed to create a "bid" system for shift assignments. Section 4. In the event the City determines that there is the need to lay off employees covered hereunder, the following procedures shall be followed: (a) The City shall determine the number and classifications of employees to be laid off. (b) Probationary employees shall be laid off before permanent full-time employees. 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. Co) 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 acereal of such benefits) while on layoff status. - 42 - ARTICLE 29 CALL-BACK, STANDBY AND 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 retum to 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. 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. Any employee required to continue working after completion of his/her regularly scheduled shift shall be ineligible for call-back pay but shall be paid for time actually worked. (e) Any employee eligible for call-back pay shall be paid for the actual hours worked, with the minimum guarantee of two (2) hours pay. Call-back pay begins at the time designated by the Department for the employee to commence his/her duties. Call- back pay concludes at the time that the Department releases the employee from his/her assigned duties. 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 one (1) 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 one ( 1 ) hour minimum shall not apply. The Department reserves the right to institute any procedure or system it deems appropriate to measure, record, and/or verify attendance at and duration of off-duty court appearances. Strict compliance with any procedure or system so instituted by the Department shall be a condition precedent to obtaining compensation for an off-duty court appearance. False or inaccurate statements concerning verification of court time will be grounds for disciplinary action up to and' including discharge. Section 3. Standby duty shall not be considered hours worked unless mandated by the Fair Labor Standards Act. - 43 - ( ARTICLE 30 PREVAILING RIGHTS The fights, 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 Union and the City specifically agree that, to the extent that this Agreement reduces, increases, or otherwise alters any fight, 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. - 44 - ARTICLE 3 1 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 tkls Agreement shall remain in full force and effect for the duration of this Agreement. Section 2. The City and the bargaining unit acknowledge that during the negotiations which resulted in this Agreement, each had the opportunity to make proposals with respect to all matters which are normally subject to collective bargaining under applicable law. The parties agree that the provisions of this Agreement and any items which are incorporated in this Agreement by specific reference constitute the entire agreement of the parties. - 45 - ARTICLE 32 VACATION Employees covered hereunder shall be provided annual vacation leave in accordance with the vacation leave provisions of the City of Sanford Personnel Rules and Regulations in effect on the effective date of this Agreement. ARTICLE 33 HOLIDAYS Employees covered hereunder shall be entitled to observe holidays (or be paid holiday pay if required to work observed holidays) in accordance with the holiday leave provisions of the City of Sanford Personnel Rules and Regulations in effect on the effective date of this Agreement. - 47 - ( ARTICLE 34 SICK LEAVE Employees covered hereunder shall be entified to sick leave benefits in accordance with the sick leave provisions of the City of Sanford Personnel Rules and Regulations in effect on the effective date of this Agreement. - 48 - ( ARTICLE 3 5 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. - 49 - ( ARTICLE 36 INSURANCE Section 1. Employees covered hereunder shall be entitled to the same health insurance benefits as are applicable to other City employees. Section 2. Employees covered hereunder shall be entitled to the same life insurance benefits (i.e., life insurance in the amount of $5,000) as are applicable to non-public safety employees. To the extent that there exists a stamtorily mandated death benefit for police officers, such benefits shall be separate and apart from the aforesaid life insurance benefits. - so - ARTICLE 3 7 WAGES Section 1. Wage increases for fiscal year 1999-2000 shall be as follows: A. Effective the first payroll period commencing in August, 2000, the salary ranges for bargaining unit employees shall be the following: Classifieation Minimum Maximum Police Officer $25,467 $38,521 PoliceCorporal $27,596 $41,741 Police Sergeant $31,321 $47,376 B. Effective the first payroll period commencing in August, 2000, employees below the minimum for their classifications shall be increased to the minimums set forth in paragraph A above. C. Effective the first payroll period commencing in August, 2000, bargaining unit employees hired between October 1, 1997, and September 30, 1999, will be eligible to receive a step movement and/or a lump-sum payment based on the following: (1) Employees hired between 10/1 and 3/31 who did not receive a six-month step movement on their six-month anniversary date (resulting in a loss of pay) will be eligible for a one-time lump-sum pityment and a one-step (3%) increase. (Employees hired between 3/15/99 and 3/31/99 who did receive a six-month step movement on 10/2/99 are not eligible for a lump-sum payment or step movement.) (2) Employees hired between 4/1 and 9/30 who did receive a six-month step movement on their six-month anniversary date but were not eligible for their next step movement in that particular year (thereby, delaying the employee' s step increase for up to 23 months) will be eligible for a one-time step (3%) movement. (3) The application of paragraphs 1 and 2 above to those employees so affected are reflected in the pay raises set forth in Exhibit A attached hereto. - 5:1, - D. Effective the first payroll period commencing in August, 2000, bargaining unit employees in the Police Sergeant classification will receive a three percent (3%) within-the-range pay adjustment. Further, effective the first payroll period commencing in August, 2000, bargaining unit employees in the Police Officer classification will receive a three percent (3%) within-the-range pay adjustment if their placement and the placement of other employees in the new Police Officer pay range causes undue compression. The application of this paragraph to the bargaining unit employees so affected is reflected in the pay raises set forth in Exhibit A attached hereto. Section 2. Recognizing that the wage program for employees covered hereunder terminates at the conclusion of fiscal year 1999-2000 (i.e., the period ending September 30, 2000), the parties agree that this Article shall be reopened in August, 2000, for the limited purpose of negotiating wages for fiscal year 2000-2001. Such wage negotiations may include all wage issues, including, but not limited to, salary range adjustments, step program/step increases, and merit/performance increases. Upon agreement on wages for fiscal year 2000-2001, this collective bargaining agreement shall be amended accordingly. - 52 - ARTICLE 3 8 SPECIAL ASSIGNMENT PAY Section 1. There shall be no special assignment pay for bilingual employees. The Police Chief, however, may designate an employee to be an official Departmental interpreter. If the Chief of Police designates an employee to be an official Departmental interpreter, the employee shall received twenty dollars ($20.00) per pay period (bi-weekly) during the period in which he/she acts in that capacity. 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. There shall be no shift differential pay. Section 3. It is agreed and understood that employees in the rank of corporal shall serve as Field Training Officers (FTO) and that they shall receive no additional compensation. If the Police Chief, the Deputy Police Chief, or the Police Chiefs designee determines that there is an insufficient number of corporals to provide field training to newly hired police officers, he shall assign a qualified police officer (or police officers) to serve in a capacity of Field Training Officer (FTO). Any police officer so assigned shall receive an additional $1.00 per hour for actual time spent serving as a Field Training Officer (FTO). Effective the first payroll period commencing in August, 2000, this $1.00 per hour mount shall be raised to $1.50 per hour. No police officer shall be required to sign off on the field training of another police officer unless he/she has been appointed a Field Training Officer (FTO) by the Police Chief, the Deputy Police Chief, or the Police Chiefs designee. Nothing herein shall restrict a police officer not assigned as a Field Training Officer from incidentally or occasionally riding with a new police officer or instructing or observing a new police officer in the performance of a particular task; provided, however, that any such police officer not assigned as a Field Training Officer shall not have any responsibility for signing off on the new police officer's field trig. (Sergeants will normally not be assigned as Field Trai.ning Officers; however, as a part of their normal supervisory duties, Sergeants may be required to observe, instruct, and evaluate new police officers without additional compensation.) - s3 - ARTICLE 39 DURATION Section 1. This Agreement shall take effect upon ratification by the FOP and approval by the City Commission and shall remain in full force and effect until and including September 30, 2001, when al$. of the provisions contained herein shall automatically terminate. In order to negotiate a new agreement to succeed this Agreement, written notice shall be given by either party to the other no sooner than May 15, 2001, and no later than July 1, 2001. Absent such timely written notice, this Agreement shall be renewed for an additional year (i.e., until September 30, 2002) without modifica- tion. Section 2. Article 37 (Wages) shall be reopened for the limited purpose of negotiating wages for fiscal year 2000-2001 (see Article 37). In all other respects, this Agreement constitutes the complete and final agreement of the parties on all issues which have been and could have been negotiated. Section 3. Any notice to be given by the FOP under this Agreement shall be given by registered or certified mail to the City Manager, City of Sanford, 300 North Park Avenue, Sanford, Florida 32771. Any notice to be given under this Agreement by the City to the FOP shall be hand- delivered to any officer of the FOP or shall be mailed to the Fraternal Order of Police, Post Office Box 1742, Sanford, Florida 32772. Date: G:\259100\~vk053ng.2 - 54 - 08/11/00