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