Resolution No. 2022-65 Authorizing Execution of Contract with South Florida Police Benevolent Association - November 1, 2022 CITY OF AVENTURA RESOLUTION NO. 2022-65
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AND ENTER INTO THE COLLECTIVELY BARGAINED
CONTRACT BETWEEN THE CITY OF AVENTURA AND THE SOUTH
FLORIDA POLICE BENEVOLENT ASSOCIATION, WHICH CONTRACT
SHALL BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER
AND THE SOUTH FLORIDA POLICE BENEVOLENT ASSOCIATION;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Collectively Bargained Contract, attached hereto and
incorporated herein, is hereby accepted by the City Commission, and the City Manager
is hereby authorized to execute and enter into said Collective Bargaining Agreement with
the South Florida Police Benevolent Association.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the Agreement described in Section
1 above and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon the
execution of the Agreement by the City Manager and the South Florida Police Benevolent
Association, with certain sections retroactive to October 1 , 2022, as set forth in the
attached Agreement.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Vice Mayor Landman, and upon being put to a
vote, the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2022-65
PASSED AND ADOPTED this 1st day of November, 2022.
•
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATWQMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
AGREEMENT
BETWEEN
THE CITY OF AVENTURA, FLORIDA
AND
SOUTH FLORIDA POLICE BENEVOLENT ASSOCIATION
October 1, 2022 to September 30, 2025
Table of Contents
Page Number
ARTICLE 1 Preamble 1
ARTICLE 2 Recognition 2
ARTICLE 3 Non-Discrimination 3
ARTICLE 4 Dues Deductions 4
ARTICLE 5 Management Rights 6
ARTICLE 6 PBA Business 8
ARTICLE 7 PBA Representation 9
ARTICLE 8 No Strike 11
ARTICLE 9 Legal Representation 13
ARTICLE 10 Salaries 14
ARTICLE 11 Severability Clause and Zipper Clause 17
ARTICLE 12 Rules, Directives and Personnel Policies 18
ARTICLE 13 Grievance Procedure 19
ARTICLE 14 Seniority 24
ARTICLE 15 Labor— Management Committee 26
ARTICLE 16 Workweek and Overtime 27
ARTICLE 17 Off-Duty Police Work 29
ARTICLE 18 Equipment and Maintenance 30
ARTICLE 19 Personnel Records 32
ARTICLE 20 Bereavement Leave 33
ARTICLE 21 Holiday Leave 34
ARTICLE 22 Personal Leave 35
ARTICLE 23 Training 36
ARTICLE 24 Transfers, Shift Change and Substitutions 37
ARTICLE 25 Group Insurance 38
ARTICLE 26 Promotion Procedures 39
ARTICLE 27 Probationary Employees 40
ARTICLE 28 Sick Leave 41
ARTICLE 29 Pension Plan 43
ARTICLE 30 Take Home Police Vehicle Policy 46
ARTICLE 31 Workers' Compensation Fraud 47
ARTICLE 32 Drug and Alcohol Testing 48
ARTICLE 33 Reopening of Negotiations 58
ARTICLE 34 Court Time 59
ARTICLE 35 Term of Agreement 60
EXHIBIT A Salary Plan 61
ARTICLE 1
Preamble
This Agreement is entered into this day of , 2022 by and
between the City of Aventura, a Florida Municipal Corporation, hereinafter
referred to as "THE CITY" or "CITY" or "EMPLOYER" and the South Florida
Police Benevolent Association hereinafter referred to as "PBA" or "Association".
WHEREAS, this Agreement reduces to writing the understandings of the
City and the PBA to comply with the requirements contained in Chapter 447,
Florida Statutes, as amended; and
WHEREAS, this Agreement is entered into to promote a harmonious
relationship between the City and the PBA and to encourage more effective
employee service in the public interest; and
WHEREAS, it is understood that the City is engaged in furnishing essential
public services which vitally affect the health, safety, comfort and general well-being
of the public and the PBA recognizes the need to provide continuous and reliable
service to the public;
NOW THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties agree as follows:
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ARTICLE 2
Recognition
The City recognizes the PBA as the exclusive bargaining agent for the purpose of
collective bargaining with respect to wages, hours and other conditions of
employment for those employees included within the certified bargaining unit
described in PERC Certification No. 1237 (January 15, 1999).
Included: Sworn police personnel of the ranks of Police Officer and
Police Sergeant.
Excluded: All other Department employees.
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ARTICLE 3
Non-Discrimination
Section 1. The City and PBA agree not to discriminate against any
employee covered by this Agreement because of age, sex, marital status, race,
color, creed, national origin, religious affiliation, physical handicap or disability or
sexual orientation.
Section 2. The parties agree not to interfere with the rights of
employees to become members of PBA, or to refrain from such activities and that
there shall be no discrimination, interference, restraint or coercion by the parties
against any employee because of membership or non - membership.
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ARTICLE 4
Dues Deductions
Section 1. PBA members may authorize payroll deductions for the
purpose of paying PBA dues. Any member of the PBA who has submitted a
properly executed dues deduction form to the City Manager or his or her designee
may have his or her membership dues in the PBA deducted from his or her wages.
No authorization shall be allowed for payment of initiation fees, assessments, or
fines. Payroll deductions shall be revocable at any time upon request by the
employee to the CITY and PBA in writing. The payroll deduction cancellation
shall be effective thirty (30) days after receipt of notice revocation.
Section 2. Dues deducted shall be transmitted to the PBA on a monthly
basis, accompanied by a list of those employee's names whose dues are
included.
Section 3. It shall be the responsibility of the PBA to notify the City
Manager or his designee, in writing of any change in the amount of dues to be
deducted at least thirty (30) days in advance of said change.
Section 4. The PBA shall indemnify, defend and hold the City harmless
against any and all claims, suits, orders, and judgments brought and issued against
the City as a result of any action taken or not taken by the City under the provisions
of this Article.
Section 5. The employee's earnings must be regularly sufficient, after
other legal and required deductions are made, to cover the amount of
appropriate PBA dues. When a member is in a non-pay status for an entire pay
period, dues deduction from future earnings may not be made to cover that pay
period. In the case of an employee who in non-pay status during only part of the
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pay period, if available wages are not sufficient to cover the full dues deduction,
no deduction shall be made. In this connection all legally required deductions
have priority over dues.
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ARTICLE 5
Management Rights
Section 1. The PBA recognizes the right of the City to operate, manage
and direct all affairs of all departments within the City, except as otherwise
expressly provided elsewhere in this Agreement, including the right:
(a) To exercise complete and unhampered control to manage, direct,
and totally supervise all employees of the City.
(b) To hire, promote, transfer, schedule, train, assign and retain
employees in positions with the City and to establish procedures therefor.
(c) To suspend, demote, discharge, lay off, or take other disciplinary
action for just cause against employees in accordance with this collective
bargaining Agreement, the City's Personnel Policies and Regulations,
procedures and departmental policies.
(d) To maintain the efficiency of the operations of the Police
Department.
(e) To determine the structure and organization of City government,
including the right to supervise, subcontract, expand, consolidate or merge any
department, and to alter, combine, eliminate, or reduce any division thereof.
(f) To determine the number of all employees who shall be employed
by the City, the job description, activities, assignments, and the number of hours
and shifts to be worked per week, including starting and quitting time of all
employees.
(g) To determine the number, types, and grades and salary structures
of positions or employees assigned to an organizational unit, department or
project, and the right to alter, combine, reduce, expand or cease any position.
(h) To set its own standards for services to be offered to the public.
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(i) To determine the location, methods, means and personnel by
which operations are to be conducted.
0) To determine what uniforms the employees are required to wear
while on duty.
(k) To set procedures and standards to evaluate City employees job
performance.
(1) To establish, change, or modify duties, tasks, responsibilities, or
requirements within job descriptions.
(m) To determine internal security practices.
(n) Introduce new or improved services, maintenance procedures,
materials, facilities and equipment, and to have complete authority to exercise
those rights and powers incidental thereto, including the right to make unilateral
changes when necessary.
(o) Control the use of equipment and property of the City.
(p) To formulate and implement department policy, procedures rules and
regulations.
Section 2. It is understood by the parties that every incidental duty
connected with operations enumerated in job descriptions is not always
specifically described and employees, at the discretion of the City, may be
required to perform duties not within their job description, but within the realm of
related duties.
Section 3. Any right, privilege, or function of the City, not specifically
released or modified by the City in this Agreement, shall remain with the City.
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ARTICLE 6
PBA Business
Section 1. The City shall provide PBA with a bulletin board. A copy of
all notices or bulletins of the PBA that are to be posted shall be submitted to the
City Manager, or designee. There shall be no other general distribution or posting
by employees of pamphlets, advertising or political matter, notices, or any kind of
literature upon City property other than as herein provided. The bulletin boards
authorized by the City for use by PBA may be used by the PBA under the terms
of this Article, only for the purpose of posting the following notices and
announcements:
(a) Notices of PBA meetings;
(b) Notices of PBA elections;
(c) Notices of PBA appointment to office;
(d) Notices of PBA recreational and social affairs;
(e) Notices of Collective Bargaining Agreement ratification meetings; and
(f) Minutes of Association Meetings.
Official PBA representatives shall post all notices. Any intentional violation
of this provision by the PBA shall result in the privilege of such use of the bulletin
boards being withdrawn.
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ARTICLE 7
PBA Representation
Section 1. Neither party in negotiations shall have any control over the
selections of the negotiating or bargaining representative of the other party. The
bargaining committee of the PBA shall not consist of more than four individuals,
at least one of whom must be a member of the Aventura bargaining Unit. No
more than two PBA bargaining unit representatives shall be released from duty
with pay for purposes of collective bargaining. The PBA will furnish the City with
a written list of the PBA bargaining committee, prior to the first bargaining
session, and will substitute changes thereto in writing to the City. The City agrees
to alter or flex the schedule of any PBA representative to allow the
representatives to attend bargaining sessions on duty regardless of shift, so long
as it does not create an overtime situation or cost to the City.
Section 2. PBA representatives shall be allowed to communicate official
PBA business to members prior to on-duty roll call.
Section 3. After securing permission from the Police Chief or his
designee, PBA representatives and agents may be permitted to discuss PBA
grievances with members during their duty hours provided such discussions shall
not interfere with the performance of the member's duties and service to the
community, as determined by the Police Chief.
Section 4. Special conferences on important matters will be arranged
as necessary between the officers of the PBA and the City Manager or Police
Chief upon the request of either party. PBA representatives shall be limited to not
more than two on-duty persons.
Section 5. The PBA agrees that there shall be no solicitation of City
employees for membership in the PBA, signing up of members, collection of
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initiation fees, dues or assessments, meetings, distribution of PBA or affiliated
PBA literature or any other business activity of the PBA on City time and during
the working hours of City employees.
Section 6. Off-duty time spent on negotiations or grievances shall not
be deemed "hours worked" as defined by FLSA, nor shall such time be accrued
toward overtime in any employees work day or workweek.
Section 7. The City and the PBA agree that there will be no collective
bargaining negotiations attempted or entered into between any persons other
than the City Manager and/or his designee and designated representatives of the
Association. Any attempt to circumvent the proper bargaining process shall be
deemed grounds for either party to file an unfair labor practice and shall result in
appropriate charges being filed against the offending party.
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ARTICLE 8
No Strike
Section 1. "Strike" means the concerted failure to report for duty, the
concerted absence of employees from their positions, the concerted stoppage of
work, the concerted submission of resignations, the concerted abstinence in whole
or in part by any group of employees from the full and faithful performance of their
duties of employment with the City, participation in a deliberate and concerted
course of conduct which adversely affects the services of the City, picketing or
demonstrating in furtherance of a work stoppage, either during the term of or after
the expiration of a collective bargaining agreement.
Section 2. Neither the PBA, nor any of its officers, agents and members,
nor any employee organization members, covered by this Agreement, will instigate,
promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown,
sick-out, concerted stoppage or work, illegal picketing, or any other interruption of
the operations of the City.
Section 3. Each employee who holds a position with the PBA occupies a
position of special trust and responsibility in maintaining and bring about
compliance with this Article and the strike prohibition in Section 447.505, Florida
Statutes and the Constitution of the State of Florida, Article 1, Section 6.
Accordingly, the PBA, its officers, stewards and other representatives agree that it
is their continuing obligation and responsibility to maintain compliance with this
Article and the law, including their responsibility to abide by the provisions of this
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Article and the law by remaining at work during any interruption which may be
initiated by others; and their responsibility, in event of breach of this Article or the
law by other employees and upon the request of the City, to encourage and direct
employees violating this Article or the law to return to work, and to disavow the
strike publicly.
Section 4. Any or all employees who violate any provisions of the law
prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the
City.
Section 5. The City agrees to adhere to the provisions of Chapter 447,
Florida Statutes, regarding the prohibition on lockouts.
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ARTICLE 9
Legal Representation
Section 1. Whenever a civil suit in tort is brought against an employee
for injuries or damages suffered as a result of any act, event, or omission of
action which is alleged to have occurred while the employee was on duty or
acting within the scope of his/her employment, the City will investigate the
circumstances to determine whether the employee acted in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
Section 2. If the City determines that the employee did not act in bad
faith or with malicious purpose or in a manner exhibiting wanton and willful
disregard of human rights, safety or property, the City shall undertake the
defense of the employee as required by law. Said defense shall cease upon
judicial finding, or finding by the City, that the employee acted in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
13
ARTICLE 10
Salaries
Section 1. All police officers and sergeants employed by the City as of
the date of ratification of this Agreement shall receive: (a) a three percent (3.0%)
cost of living increase retroactive to the first full pay period starting in October
2022; and (b) a lump sum payment of $5,000.00 to be paid on or before
November 30, 2022, which payment shall not be added to an employee's base
wage and shall not be pensionable.
Section 2. All police officers and sergeants employed by the City on
October 1, 2023 shall receive a three percent (3%) cost of living increase
beginning the first full pay period starting in October 2023.
Section 3. All police officers and sergeants employed by the City on
October 1, 2024 shall receive a three percent (3.0%) cost of living increase
beginning the first full pay period starting in October 2024. Exhibit A to this
Agreement sets forth the salary plan for officers and sergeants resulting from the
foregoing cost of living increases.
Section 4.
(a) All employees covered by this Agreement, provided that they have
earned a quality point average on their evaluation of 3.5 or more shall be eligible
for a merit salary increase, (move to the next step in the pay plan) except as
provided in Section (b) herein, on the employee's anniversary date. The
anniversary date shall be defined as the employee's entrance date into his/her
present position. Any employee who fails to receive a quality point average of
3.5 or more shall be reevaluated in sixty days. If the employee then receives a
rating of 3.5 or more the employee shall receive his/her merit increases.
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(b) Employees covered by this Agreement, who reach the maximum
step of their respective salary plans shall not be eligible for merit/step increases.
(c) The City will make all efforts to have all evaluations completed no
later than 14 days after an employee's anniversary date.
Section 5. Promotions. In the event of a promotion, an employee will
be placed in the minimum pay step of his/her promoted position or the next
highest step which will be no less than a 5.0% increase, in his/her present salary
whichever affords the employee a higher increase.
Section 6. Salary Ranges. All employees covered by this Agreement,
hired after October 1, 2013, shall receive the minimum salary step, as outlined in
the Salary Schedule outlined herein for their appropriate position classification
upon his/her original appointment or based on their previous experience as a
police officer may be slotted in the pay plan as approved by the City Manager.
Section 7. Detectives. An employee assigned as a Detective by the
Police Chief, including those Detectives assigned to the Crime Suppression Unit
and those Detectives detached to work with another agency, shall receive a pay
incentive of$50.00 per week. Employees serving in a Detective capacity serve in
said capacity at the pleasure of the Police Chief. No grievance proceeding may
be filed by an affected employee when said employee's Detective capacity is
terminated.
Section 8. Field Training Officer. An employee assigned as a Field
Training Officer by the Police Chief, including those employees assigned full time
to the training bureau, shall receive a pay incentive of $40.00 per week.
Employees serving in a Field Training Officer capacity serve in said capacity at
the pleasure of the Police Chief. No employee grievance may be filed by an
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affected employee when said employee's Field Training Officer capacity is
terminated.
Section 9. K-9 Officer and Swat Team. An employee assigned as a K-
9 Officer by the Police Chief shall receive a pay incentive of $40.00 per week. An
employee assigned as a member of the SWAT team by the Police Chief shall
receive a pay incentive of $20.00 per week. Employees serving in said capacity
serve at the pleasure of the Police Chief. No employee grievance may be filed by
an affected employee when said employee's capacity is terminated.
Section 10. Traffic Unit, SRO and Marine Patrol. An employee assigned
to the traffic unit, SRO or Marine Patrol by the Police Chief shall receive a pay
incentive of $25.00 per week. Employees serving in said capacities shall service
at the pleasure of the Police Chief. No employee grievance may be filed by an
affected employee when said employee's capacity is terminated.
Section 11. Shift Differentials. Employees regularly assigned to the
midnight shift (10 pm to 8 am) shall receive a pay incentive of$100.00 per month
and employees regularly assigned to the afternoon shift (2 pm to 12 am) shall
receive a pay incentive of$50.00 per month.
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ARTICLE 11
Severability Clause And Zipper Clause
Section 1. Should any provision of this collective bargaining agreement,
or any part thereof, be rendered or declared invalid by reason of any existing or
subsequently enacted state or federal law, or by any decree of a court of
competent jurisdiction, all other articles and sections of this Agreement shall
remain in full force and effect for the duration of this Agreement. The parties
agree to immediately meet and confer concerning any invalidated provision(s).
Section 2. The parties acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to any subject or matter not removed by law
from the area of collective bargaining and that the understanding and agreement
arrived at by the parties after the exercise of that right and opportunity are set forth
in this Agreement. Therefore, the City and the Union, for the life of this Agreement,
each voluntarily and unqualifiedly waives the right and each agrees that the other
shall not be obligated to bargain collectively with respect to any subject or matter
referred to or covered by this Agreement and with respect to any subject or matter
not specifically referred to or covered in this Agreement, even though such subject
or matter may not have been within the knowledge and-contemplation of either or
both of the parties at the time they negotiated or signed this Agreement. This
Agreement contains the entire Agreement of the parties on all matters relative to
wages, hours, terms and conditions of employment as well as all other matters,
which were or could have been negotiated prior to the execution of this
Agreement. This Section does not prohibit the parties from entering into
negotiations concerning the terms of a successor Agreement.
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ARTICLE 12
Rules, Directives And Personnel Policies
Section 1. The parties agree that the City may promulgate Personnel
Policies, Administrative Policy Directives and Procedures (APDP) issued by the
City Manager and the General Orders issued by the Chief of Police and they
shall apply to all bargaining unit members. Any changes to the Personnel
Policies, Administrative Policy Directives and Procedures Manual and General
Orders shall be copied to the PBA, and any such changes that have a major
impact on bargaining unit members shall be provided to the PBA at least seven
days prior to implementation. This shall not be deemed, nor is intended to be a
waiver of the PBA's right to demand impact bargaining where appropriate.
Section 2. In the event of any conflict between the terms of this
Agreement, the APDP, Police Procedures, or the Personnel Policies, this collective
bargaining agreement shall supersede to the effect that the inconsistent terms and
conditions of this negotiated Agreement, if any, shall control.
Section 3. Existing employee benefits, attendance and leave and hiring
and employment practices contained in the Personnel Policies, the APDP and
Police Procedures and/or the General Orders are hereby incorporated herein and
shall apply to all bargaining unit members.
Section 4. The City shall provide a copy of Personnel Policies,
Administrative Policy Directives and Procedures (APDP) issued by the City
Manager, Procedural Directives issued by the Chief of Police and a Code of
Ordinances to the Association at no cost.
Section 5. Upon the death of an officer in the line-of-duty, the City will
assume and pay all costs of the bargaining unit member's funeral and burial (or
cremation).
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ARTICLE 13
Grievance Procedure/Internal Investigations
Section 1. In a mutual effort to provide harmonious working relations
between the parties to this Agreement, it is agreed to and understood by both
parties that there shall be a procedure for the resolution of grievances between the
parties arising from any alleged violation of the specific terms of this Agreement.
An aggrieved employee may elect to resolve his/her grievance through the
grievance procedure provided in this Agreement or through the City's Employee
Concern Procedure as set forth in Chapter 4 of the City's Personnel Policies.
However, only one of the above procedures may be used. Once a grievance is
filed under one of these procedures, all other appeal procedures are forfeited.
Grievances relating to alleged violations of the specific terms of this
Agreement filed in accordance with this Article shall be processed in the following
manner.
Section 2. Verbal Grievance
Step 1
Whenever an employee has a grievance, he should first present it verbally
to his immediate supervisor within ten (10) days of the event giving rise to the
grievance. It is the responsibility of the supervisor to attempt to arrange a
mutually satisfactory settlement of the grievance within seven (7) calendar days
of the time when it was first presented to him, or failing in that, must within that
time advise the employee of his inability to do so. Such contact between the
employee and supervisor shall be on an informal basis.
Section 3. Formal Grievance Procedure
Step 2
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If the aggrieved employee is not satisfied with Step 1 answer, he/she may,
within ten (10) calendar days following the day on which he/she received the
Step 1 answer, reduce the grievance to writing and submit it to the Shift Sergeant.
The grievance shall be signed by the employee and shall specify: (a) the date of the
alleged grievance; (b) the specific article or articles and section or sections of this
Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged
grievance; and (d) the relief requested. The Shift Sergeant may informally meet
with the grievant to address the grievance. A PBA representative may be present
at the meeting upon the grievant's request. The Shift Sergeant shall reach a
decision and communicate in writing to the aggrieved employee and PBA within ten
(10) calendar days of receipt of the grievance.
Step 3
If the grievance is not resolved at Step 2, or if no written disposition is made
within the Step 2 time limits, he/she shall have the right to appeal the Step 2
decision to the Chief of Police or his/or her designee within seven (7) calendar days
of the due date of the Step 2 response. Such appeal must be accompanied by a
copy of the original written grievance, together with a signed request from the
employee requesting that the Step 2 decision be reversed or modified. The Chief
of Police or his/her designee may conduct a meeting with the grievant and his/her
PBA representative, if needed. The Chief of Police or his/or her designee shall,
within ten (10) calendar days after the presentation of the grievance (or such longer
period of time as is mutually agreed upon in writing), render his/her decision on the
grievance in writing to the aggrieved employee and PBA.
Step 4
If the grievance is not resolved at Step 3, or if no written disposition is made
within the Step 3 time limits, he/she shall have the right to appeal the Step 3
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decision to the City Manager or his or her designee within seven (7) calendar days
of the date of the issuance of the Step 3 decision. Such appeal must be
accompanied by the filing of a copy of the original written grievance, together with a
request form signed by the employee requesting that the Step 3 decision be
reversed or modified. The City Manager or his/her designee shall conduct a
meeting with the grievant and his/her PBA representative, if needed. The City
Manager or his/her designee shall, within ten (10) calendar days (or such longer
period of time as is mutually agreed upon in writing), render his/her decision in
writing to the aggrieved employee and PBA.
Section 4. A grievance not advanced to the higher step within the time
limits provided shall be deemed permanently withdrawn as having been settled on
the basis of the decision most recently given. Failure on the part of the City to
answer within the time limits set forth in any step will entitle the employee to
proceed to the next step. The time periods contained herein may be mutually
waived or extended due to unforeseen circumstances.
Section 5. Where a grievance is general in nature in that it applies to a
number of employees having the same issue to be decided, it shall be presented
directly to the Chief of Police or his/her designee at Step 3 of the grievance
procedure, within the time limit provided for the submission of the grievance in
Step 1, and signed by the aggrieved employees or the PBA representative on
their behalf.
Section 6. In the event a grievance relating to the interpretation of this
Agreement or relating to a disciplinary matter involving termination of employment,
demotions for non-probationary employees, or suspensions of two (2) days or
more, processed through the grievance procedure has not been resolved at Step 4,
the City or the PBA may submit the grievance to arbitration within ten (10) calendar
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days after the City Manager (or a designee) renders a written decision on the
grievance, or the due date of that decision if no written decision is made. An
individual bargaining unit member may not proceed to arbitration without the
consent of the PBA. Matters relating to assignment, hiring, promotion, demotion of
probationary employees, suspensions less than two (2) days and other discipline
not involving a loss of pay shall not be subject to arbitration and the City Manager's
decision shall be final and binding. Grievance concerning suspensions of two (2) or
more days, demotions of non-probationary employees and terminations of
employment may be initiated in writing at Step 4, provided that they are filed with
the City Manager within ten (10) days of the date on which the employee is notified
of the discipline.
Section 7. The arbitrator may be any impartial person mutually agreed upon
by the parties. In the event the parties are unable to agree upon said impartial
arbitrator within ten (10) calendar days after the City or PBA request arbitration, the
parties shall jointly request a list of five (5) names from the Federal Mediation and
Conciliation Service. Within ten (10) calendar days of receipt of the list, the parties
shall alternately strike names, the City striking first. The remaining name shall act
as the Arbitrator.
Section 8. The City and the PBA shall mutually agree in writing as to the
statement of the grievance to be arbitrated prior to the arbitration hearing, and
the Arbitrator shall confine his/her decision to the particular grievance specified.
In the event the parties fail to agree on the statement of the grievance to be
submitted to the Arbitrator, the Arbitrator will confine his/her consideration and
determination to the written statement of the grievance and the response of the
other Party. Copies of any documentation provided to the Arbitrator by either
party shall be simultaneously provided to the other party.
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Section 9. The Arbitrator shall have no authority to change, amend, add
to, subtract from, or otherwise alter or supplement this Agreement or any part
thereof or amendment thereto. The Arbitrator shall have no authority to consider
or rule upon any matter which is stated in this Agreement not to be subject to
arbitration. The Arbitrator may not issue declaratory or advisory opinions.
Section 10. Copies of the Arbitrator's decision shall be furnished to both
parties within thirty (30) days of the closing of the Arbitration hearing. The
Arbitrator's decision will be final and binding on the parties.
Section 11. Each party shall bear the expense of its own witnesses and of
its own representatives for the purposes of the arbitration hearing. The impartial
Arbitrator's fee and any related expenses including any cost involved in
requesting a panel of arbitrators, shall be paid by the non-prevailing party. The
hearing room, shall be supplied and designated by the City. Any person desiring
a transcript of the hearing shall bear the cost of such transcript, unless both
parties mutually agree to share such cost.
Section 12. Unless otherwise agreed to by both parties, grievances under
this Agreement shall be processed separately and individually. Accordingly, only
one (1) grievance shall be submitted to an Arbitrator for decision in any given
case. Settlement of grievances prior to the issuance of an arbitration award shall
not constitute a precedent or an admission that the Agreement has been violated.
Part 2 — Internal Investigations
Section 1. All investigations of employees where the employee may be
subject to disciplinary action shall be conducted in accordance with the Law
Enforcement Officers and Correctional Officers' Bill of Rights, F.S. 112.531
through 112.535, as amended from time to time.
23
ARTICLE 14
Seniority
Section 1. Seniority shall consist of continuous accumulated paid service
with the City. Seniority shall be computed from the date of appointment within a
particular job classification or rank. Seniority shall accumulate during absence
because of illness, injury, vacation, military leave, or other authorized leave.
Section 2. Seniority shall govern the following matters:
(a) Vacations for each calendar year shall be drawn by employees on the basis of
seniority preference. (b) In the event of a reduction in force or a layoff for any
reason, members of the police force shall be laid off in the inverse order of their
seniority in their classification. Any member who is to be laid off who has advanced
to a higher classification from a lower permanent classification shall be given a
position in the next lower classification in the same department. Seniority in the
lower classification shall be established according to the date of permanent
appointment to that classification and the member in the classification with the least
seniority shall be laid off. Members shall be called back from layoff according to the
seniority in the classification from which the member was laid off. Generally, shifts
and days off will be subject to seniority, however the Police Chief reserves the right
to make necessary changes based on operational necessity.
Section 3. No new Police Officer shall be hired in any classification until all
members of the police force on layoff status in that classification have had an
opportunity to return to work, provided that individual maintains reasonably the
same physical condition as on the date of layoff.
Section 4. The term "classification" has been used above in regard to
layoffs, etc. The definition of the term classification means job classification such
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as Police Officer or Sergeant, not job assignment such as Detective or whatever
other assignments may come up from time to time.
25
ARTICLE 15
Labor-Management Committee
Section 1. The City and the PBA shall each name up to three (3) individuals
who are employed by the City of Aventura as members of the Labor-Management
Committee. This Committee may meet and confer regarding any issues related to
the Police Department, that either party would like to discuss. This shall not
constitute renegotiations of the Agreement, but shall serve as a forum for the
exchange of suggestions and recommendations. The Labor-Management
Committee may meet at mutually agreeable times, but not more than once a
month.
26
ARTICLE 16
Work Week and Overtime
Section 1. Forty (40) hours shall constitute a normal work week for
employees covered by this Agreement. Nothing herein shall guarantee any
member payment for a forty (40) hour work week unless the member actually works
forty (40) hours or the actual hours worked and the authorized compensated leave
total forty (40) hours. Authorized compensated leave shall mean leave
compensated under existing City policy or the provisions of this collective
bargaining agreement, (e.g. sick days, vacation time, holidays, compensation time,
educational leave).
Section 2. Hours worked in excess of the regular forty (40) hour work week
shall be compensated at the rate of time and one-half of the employee's regular
straight time, or the equivalent in compensatory time so long as said compensatory
time is taken in accordance with the Federal Fair Labor Standards Act in effect
during the length of this Agreement. Overtime will be calculated in conformance
with the Federal Fair Labor Standards Act.
Section 3. In the computation of work hours constituting the base forty (40)
hours and/or overtime hours, the following rules apply:
(a) Sick leave shall not be counted as hours worked for the computation
of overtime.
(b) Time spent on private duty details shall not be included.
(c) The work week, until changed by management (which is a
management right) upon due notice to the member employees, shall commence
Monday and terminate at midnight on Sunday.
Section 4. The department will establish the hours of work best suited to
meet the needs of the City to provide superior service to the community. Officers on
27
probation or assigned as K9 officers may not bid the Mall shift. Patrol shifts will not
adopt back to back shifts.
Section 5. Bargaining unit employees will be given seven (7) days notice of
any change in their regular hours of work except where an emergency exists.
Section 6. Compensatory time off must be taken in accordance with the
Federal Fair Labor Standards Act and City policy concerning compensatory time
off. The maximum accumulation of compensatory time is 160 hours on an
annual basis. An employee may cash in up to 60 hours per year provided
notification is received by the Police Chief by November 1 for December 1 pay
out. Upon resignation or termination of employment, all compensatory time
remaining to an employee's credit shall be compensated in cash.
28
ARTICLE 17
Off-Duty Police Work
Section 1. Off-duty police work as authorized by the Police Chief shall be
compensated at the rate of not less than fifty dollars ($50.00) per hour for all
bargaining unit members. There shall be an administrative fee of no less than eight
dollars ($8.00) per hour charged by the City. Should the vendor pay more than fifty
dollars ($50.00) per hour, such as for an event outside of the City, or when the
vendor would otherwise have to hire non-Aventura police officers at a higher rate to
fill available positions, the employee shall be paid the total amount paid by the
Vendor, less the eight dollar ($8.00) per hour administrative fee.
Section 2. Off-duty employers will guarantee a minimum employment period
of three (3) hours off-duty for each assignment requested of the Police department
(work assignments can be split between officers).
Section 3. Personnel assigned to off-duty law enforcement jobs shall be
fully protected in case of injury during such assignment by the City's Workers
Compensation coverage.
Section 4. Assignments of off-duty police work shall, be fairly and evenly
distributed among eligible bargaining unit members. Full time employees shall have
the right of first refusal in off-duty detail police work assignments.
Section 5. When a detail requires four (4) or more police officers,
whenever possible, one of the four officers will be a supervisor. The supervisor
shall be compensated at the rate of not less than fifty-five dollars ($55.00) per
hour. There shall be an administrative fee of not less than eight dollars ($8.00) per
hour charged by the City. If no supervisor is available to work the detail, then the
on-duty supervisor will be assigned to monitor the detail. Supervisors who work
regular off duty jobs will be compensated at the officer's rate in Section 1, above.
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Section 6. The off-duty rates set forth in Sections 1 and 5 above shall be
increased to seventy-five dollars ($75.00) per hour for officers and eighty-five
dollars ($85.00) per hour for supervisors for any off-duty police work performed
on any Holidays recognized by the City in Article 21, Section 1 of this Agreement.
Section 7. The rates listed in this Article may be adjusted upwards
periodically, with the approval of the Chief of Police, to remain competitive with
other Police Agencies or to properly staff events as needed.
30
ARTICLE 18
Equipment and Maintenance
Section 1. Upon hiring by the City of Aventura, all new employees shall
receive from the City, an initial issue as determined by the Police Chief in
accordance with departmental standards. The City will replace uniforms when they
become unserviceable in accordance with departmental standards.
Section 2. Any departmentally issued uniform including handcuffs and
eyeglasses of an employee which is damaged or broken in the line of duty shall be
repaired or replaced at no cost to the employee when not lost or damaged due to
the employee's carelessness. The City shall replace wristwatches damaged while
in the line of duty and not due to the employee's neglect by payment to the
employee up to $85.00 and replace prescription eyeglasses, sunglasses or
contacts damaged while in the line of duty up to $150.The parties recognize that
this section is intended to be utilized to reimburse employees covered by this
agreement for damage to their personal property as opposed to negligent or
careless loss thereof or improper use of such equipment.
Section 3. All risk of damage, loss and/or destruction to any items of a
personal nature, except as referred to in Section 2 above, damaged in the line of
duty while used to aid and improve vision, while on duty, is assumed by and shall
be the exclusive responsibility of the unit member. The City agrees to provide each
unit member with the equipment necessary to perform the function of the job in lieu
of the use of personal property as contemplated above.
Section 4. All items of equipment issued by the City and not considered
expendable shall be returned upon termination of employment or appropriate
reimbursement made subject to an allowance for normal wear and tear.
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Section 5. After six (6) months of service the City will pay employees
uniform maintenance in the amount of $700 ($350 on October 1st and $350 on
April 1st). Employees assigned to the Detective Division shall receive uniform
maintenance in the amount of $950 ($475 on October 1 st and $475 on April 1 st).
The parties recognize that the payments set forth in this Section are intended to
reimburse employees covered by this agreement for the cost of maintaining their
City-issued uniforms and that no claim should be made for reimbursement for
damage that occurs to such items.
32
ARTICLE 19
Personnel Records
Section 1. All personnel records of the employees shall be kept confidential
and shall not be released to any person without having received a public records
request or as required by law. The City will be bound by Florida State Statute
Chapter 119 and any existing or future Attorney General's opinion regarding the
release of personnel records. Except as otherwise required by Florida State Statute
Chapter 119, and for the ease of understanding of the employees, this shall mean
that at no time shall the news media be directly or indirectly furnished by the City
with the home address, telephone number, or photograph of any employee without
his/her express written consent.
Section 2. Upon a reasonable request, an employee may review his/her
personnel records. The member shall have the right to make duplicate copies of
this record for his/her use, at no cost to the employee and the City agrees that no
personnel records of the member shall be concealed from the member's inspection.
Section 3. Employees shall have the right, if they desire, to submit written
comments, (including signed witness statements, under oath) with reference to
derogatory performance evaluations, citizen's complaints, and any other written
documentation that the employee feels is detrimental.
Section 4. Personnel files shall at no time, without the permission of the City
Manager be removed from the Police Station and/or Human Resources Division.
Section 5. No bargaining unit member's name shall be released by the City
until a minimum of seven (7) calendar days elapses from notice to the employee of
the request, unless both the employee and Association submit a written waiver of
this provision. This provision does not apply to requests for public records made
pursuant to Chapter 119, Florida Statutes.
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ARTICLE 20
Bereavement Leave
Section I. In the case of the death of an immediate member of the family
(mother, father, sister, brother, spouse, child, stepmother, stepfather, stepchild,
mother-in-law, father-in-law, grandchild, grandmother, or grandfather), full-time
employees who have been in the employ of the City for three (3) months or more
will receive up to four (4) days paid leave for in-state (Florida) funerals and up to
five (5) days paid leave for out-of-state funerals without charge to vacation leave
credits. Any absence in excess of this amount will be charged to vacation leave or
leave of absence may be arranged if an extended period is required, with the
authorization of the City Manager.
34
ARTICLE 21
Holiday Leave
Section 1. Employees shall be eligible for the following schedule of paid
holidays. When a holiday falls on Saturday, the previous Friday will be observed,
and if the holiday falls on Sunday, the following Monday will be observed.
New Year's Eve Day 1/2 day
New Year's Day
Martin Luther King's Birthday
Presidents Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans Day
Thanksgiving
Day after Thanksgiving
Christmas Eve Day1/2 day
Christmas Day
Section 2. Where it is necessary to maintain regular services requiring an
employee to work on an official holiday, in addition to regular pay for time worked
on a holiday, such employee shall receive an extra day's pay or half a day's pay,
depending on the bargaining unit members' assigned schedule and holiday outlined
above, to include any overtime worked.
Section 3. If an employee is on authorized leave when a holiday occurs,
that holiday shall not be charged against leave (authorized leave refers to vacation,
illness, injury, compensation time, etc.). The employee must work the day before
and the day after each holiday to be eligible for holiday pay with the exception of
normal days off, on-the-job injury, or excused absences.
35
ARTICLE 22
Personal Leave
Section 1. All employees hired before April 1st of any calendar year shall be
granted three (3) working days of Personal Leave for that calendar year. New
employees hired on or after April 1st of any calendar year shall be granted two (2)
working days of Personal Leave for that calendar year. New employees hired on or
after July 1st of any calendar year shall be granted one (1) working day of Personal
Leave for that calendar year. Personal leave shall be used for personal reasons,
religious observances and transaction of personal business. No payment shall be
made upon separation from City service for any unused Personal leave. No carry-
over of Personal leave shall be permitted from year-to-year. Said leave shall be
granted upon the approval of the City Manager and /or Department director.
36
ARTICLE 23
Training
Section 1. The City agrees to provide the necessary in-service training
to keep each officer in compliance with minimum State standards.
Section 2. When possible, each officer will be provided an additional
forty hours of in-service training annually.
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ARTICLE 24
Transfers, Shift Changes and Substitutions
Section 1. It shall be the sole right of the City to transfer employees within
the Police department for the betterment of the service providing such transfers are
accomplished in an equitable manner, consistent with the health, safety and welfare
of the City.
Section 2. Normal schedule changes shall be posted at least fourteen
(14) days in advance. Unless mutually agreed by both parties, schedule changes
made, in between normal rotations, shall only be made with a minimum of one (1)
week notice.
Section 3. Voluntary exchange of individual workdays between
employees of like rank may be permitted with the approval of Shift Supervisors
provided such swaps do not interfere with the orderly operation of the Police
Department.
38
ARTICLE 25
Group Insurance
Section 1. The city agrees to pay one hundred percent (100%) of the
individual employee health coverage premium and seventy percent (70%) of the
dependent coverage premiums.
Section 2. Bargaining unit personnel who are totally and permanently
disabled in the line-of-duty shall be eligible to continue to receive group health and
hospitalization insurance coverage for both individual and family members under
the same conditions as were enjoyed at the time of disability, until such time as the
employee is eligible for said health and hospitalization coverage under the federal
Medicare Program. For purposes of determining whether a bargaining unit
employee is totally and permanently disabled in the line-of-duty, the determination
of the City of Aventura Police Officers' Retirement Plan Board of Trustees as to that
employee's application for a service-incurred disability pension under Section 36-28
of the City Code shall control.
Section 3. The City shall provide all bargaining unit members with a
short term disability insurance policy. The cost of the policy shall be paid 100% by
the City and provide 66 and 2/3 percent of the unit members' normal base wage for
both on and off duty injuries. Each member will be provided with a copy of the
City's short term disability insurance policy upon request.
Section 4. The City shall pay one hundred dollars ($100.00) per month to
each bargaining unit member who retires and separates (hereinafter, "Retirees")
under the normal retirement criteria set forth in the police officer's pension plan until
39
such time as they reach age 65. Effective September 30, 2025, this amount shall
increase to two hundred dollars ($200.00) per month. This sum shall be used by
the Retiree to pay for his/her health insurance premium and/or for the cost of any
prescription medications.
40
ARTICLE 26
Promotion Procedures
Section 1. Police officers with four (4) years law enforcement experience
with the City of Aventura shall be eligible to take the examination for a promotion to
the rank of Sergeant.
Section 2 All promotions shall be in accordance with current Police
Department Policy or as such Policy is subsequently amended by the City. Should
the City seek to change its promotional policy, the City will provide the PBA with a
copy of the new policy at least thirty (30) days prior to the effective date of such
policy. The City will announce promotional examinations at least sixty (60) days in
advance of the assessment process. The eligibility list shall be valid for up to
eighteen (18) months.
Section 3. A candidate for promotion shall have the right to review the
scored elements of the Assessment process.
41
ARTICLE 27
Probationary Employees
Section 1. All appointments to positions made from outside service shall be
subject to a one (1) year probationary period from the date of said appointment. All
appointments to the position of Sergeant made by promotion within the service
shall be subject to a one (1) year probationary period from the date of said
promotion. Probationary employees absent during their probationary period for
more than 30 days shall have their probationary period extended for the amount
beyond the 30 days.
Section 2. Probationary employees at the expiration of the probationary
period or anytime during the probationary period shall be subject to discontinuance
of service by the Police Chief upon recommendation to and approval of the City
Manager.
Section 3. Probationary employees disciplined or terminated during the
probationary period shall have no right to a statement of cause, the reasons for
rejection or to a hearing, grievance and/or appeal.
Section 4. Probationary sergeants who are terminated shall have a right of
appeal only as to their status of employment in their rank of police officer.
Section 4. The just cause provision contained in the Management Rights
Article of this Agreement shall not pertain to probationary employees.
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ARTICLE 28
Sick Leave
Section 1. Upon retirement, resignation with two (2) weeks notice and
layoffs, accumulated sick leave will be paid on the basis of the following schedule:
% OF SICK LEAVE PAID
YEARS OF SERVICE AT BREAK IN SERVICE
Less than 1 year 0%
1 through 5 years 10%
5 through 10 years 50%
10 through 15 years 75%
Over 15 years 100%
The accumulated sick leave percentage will be paid based on the closest year.
Section 3. The accumulation for payout purposes shall be no more than 800
hours for employees covered by this agreement, except that employees with 15 or
more years of service may accumulate up to 850 hours and employees with 22.5 or
more years of service may accumulate up to 950 hours.
43
ARTICLE 29
Pension Plan
Section 1. The City agrees to maintain a defined benefit pension plan for
members of the bargaining unit as outlined in Chapter 36 of the City Code.
Section 2. Following ratification of the 2013-2016 Agreement, the Police
Pension Plan and Trust Fund as set forth in Chapter 36 of the City Code (the
"Plan") was amended as follows:
(a) Section 36-24 of the City Code shall be amended such that, effective
October 1, 2015, employees' contributions to the Plan shall increase
from 6.775% to 10.775% of a member's Earnable compensation.
(b) All employees retiring from the Plan on or after October 1, 2015 shall
receive a two percent (2%) cost of living adjustment on their annual
pension benefit beginning five (5) years after retirement.
(c) The definition of"Earnable compensation" shall be amended effective
upon ratification of this Agreement so as to exclude any overtime
hours worked by a member in excess of three hundred (300) hours in
a year.
Section 3. Following ratification of the 2016-2019 Agreement, the Plan shall
be amended as follows:
(a) Section 36-26(a) of the City Code shall be amended such that,
effective October 1, 2018, a member may retire on the first day of the
month coincident with or next following the earlier of: the date upon
which the member completes 22.5 years of credited service,
44
regardless of age; or the date upon which the member attains age 57
with ten years of credited service.
(b) Effective October 1, 2018, a deferred retirement option plan ("DROP")
will be created. A member will be eligible to enter the DROP on the
first day that he/she is eligible for normal retirement. The maximum
period that a member may participate in the DROP is five (5) years
beginning from the first day on which he/she is eligible for normal
retirement. A member's DROP account will be self-directed and the
members will be solely responsible for the gains and losses of their
individual accounts. Members who elect to participate in the DROP
shall be required to separate from City service at the conclusion of
the DROP period. A member's DROP shall be distributed to the
member in a lump sum as soon as administratively practicable and
not more than 90 days following the conclusion of the DROP period.
The City shall have no liability or responsibility to guarantee the
principal and/or rate of return for a member's DROP assets. The
DROP accounts, although self-directed separate accounts, will
remain part of the pension trust, and distributions from a member's
account shall not be permitted until termination of employment.
(c) The parties agree that, in accordance with Ch. 2015-39, Laws of
Florida, a defined contribution plan ("DC Plan") shall be created as a
component of the City Plan, but will not be activated unless and until
a portion of Chapter 185 premium tax revenues have been assigned
45
to fund the DC Plan. The provisions of the DC Plan, when and if
activated, shall be negotiated by the parties at the time funding has
been assigned to the DC Plan. Assignment of Chapter premium tax
revenues can result either from agreement between the parties, or
from application of the provisions of Ch. 2015-39, Laws of Florida.
Section 4. The parties mutually consent that any and all premium tax
revenues received by the Plan pursuant to Chapter 185, Florida Statutes,
including any accumulated excess premium tax revenues held by the Plan as of
the date of ratification of the 2016-2019 collective bargaining agreement, shall be
retained by the Plan to pay for the benefits offered by the Plan.
46
ARTICLE 30
Take Home Police Vehicle Policy
Section 1. Sworn police officers covered by this agreement who
successfully complete their probationary period will be eligible to utilize City
assigned police vehicles as transportation to and from work. It is expressly
understood and agreed that said vehicle shall be utilized only for such
transportation to and from work and that any violation of this policy may
immediately result in the suspension or termination of the particular officer's
privilege to utilize a vehicle for such transportation. It is further understood and
agreed by the parties that the City may evaluate the "take home "policy. The City
may, in its sole discretion, terminate said policy. It is also understood and agreed
by the parties that any decision by the City to extend or terminate the aforesaid
policy shall not be subject to the grievance/arbitration procedure contained in this
agreement. The City's "take home" police vehicle policy shall be in accordance
the Policy contained at Chapter 5, Subchapter 8, page 1 of the City's
Administrative Policy Directives and Procedures Manual, or as such Policy is
subsequently amended by the City.
Section 2. Bargaining unit members shall be permitted to run errands,
such as picking up dry cleaning or grocery shopping, on their way to or from work
provided such errands take place within 90 minutes of traveling either to or from
work. This privilege may be rescinded for any individual member who violates
this section.
47
48
ARTICLE 31
Workers Compensation Fraud
Section 1. Any employee found to have fraudulently utilized the worker's
compensation program or found to falsify an on-the-job injury will be subject to
immediate dismissal.
49
ARTICLE 32
Drug and Alcohol Testing
Section 1. The City and the PBA recognize that employee drug and
alcohol abuse has an adverse impact on City government, the image of the City
employees, the general health, welfare and safety of the employees, and to the
general public at large. Therefore, the parties agree that the Department shall
have the right to require employees to submit to drug and alcohol testing
designed to detect the presence of illegal drugs and alcohol.
Section 2. Drug is defined as amphetamines, cannabinoids, cocaine,
phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates,
benzodiazepines, synthetic narcotics, designer drugs, anabolic steroids or a
metabolite of any of the above mentioned substances. Alcohol includes distilled
spirits, wine, malt beverages, and intoxicating liquors.
Section 3. The Department will require members of the bargaining unit
to submit to drug and alcohol tests under the following circumstances:
3.1 The Department may require all members of the bargaining
unit who suffer an injury in the line of duty and/or are involved in a car accident to
submit to a drug and alcohol test immediately after the accident.
3.2 The Department will require all members of the bargaining
unit to submit to a drug and/or alcohol test based on its belief that the employee
to be tested is under the influence of or possibly using drugs and/or alcohol
drawn from specific objective and articulable facts and reasonable inferences
50
drawn from those facts in light of experience. Among other things, such facts
and inferences may be based upon:
(a) Observable phenomena while at work, such as direct
observation of drug and/or alcohol usage or of the physical
symptoms or manifestations of being under the influence of
a drug and/or alcohol.
(b) Abnormal conduct or erratic behavior while at work or a
significant deterioration in work performance.
(c) A report of drug and/or alcohol use, provided by a reliable
and credible source, which has been independently
corroborated.
(d) Evidence that an individual has tampered with a drug and/or
alcohol test during employment with the current employer.
(e) Information that an employee has caused, or contributed to,
an accident while at work.
(f) Evidence that an employee has used, possessed, sold,
solicited, or transferred drugs while working or while on the
employer's premises or while operating the employer's
vehicle, machinery, or equipment.
Inappropriate employee behavior as described above must be
personally observed by a superior officer and witnessed by at least one other
employee witness, who may or may not be a superior officer or a police officer.
When confronted by a superior officer, the employee under
suspicion will be offered an opportunity to explain to the superior officer, prior to
being ordered to take the drug and/or alcohol test, why the aberrant or unusual
behavior is noticeable. Drug and/or alcohol testing based upon reasonable
suspicion will be conducted only with either the consent of the Police Chief or
his/her designee or the consent of the City Manager or his/her designee. The
designee shall be a sworn certified law enforcement officer above the rank of
51
lieutenant. Such approval shall be memorialized in writing and indicate the
subject matter of the test, why the test was ordered and listing the specific
objective fact(s) constituting "reasonable suspicion." A copy of this written order
will be provided to the employee as soon as it is practicable to do so.
Any refusal on the part of the suspected employee to immediately
comply with a valid "reasonable suspicion" drug and/or alcohol testing order will
result in the immediate causal termination of the employee.
3.3 The Department, as part of its medical examination process
during pre-employment, during a fitness for duty examination, and during the
annual physical examinations, will require the members of the bargaining unit to
submit to a drug and alcohol test.
3.4 All members of the bargaining unit, at the discretion of the
Chief of Police, and/or the City Manager will be randomly tested for drugs. The
selection of the employees to be tested will be made using a neutral software
selection program, and shall be no greater than thirty (30) employees every six
(6) months.
Section 4. An employee required to submit to a mandatory test for the
presence of drugs and/or alcohol shall be entitled to have a PBA or other
employee representative present during the test. However, under no
circumstances will the drug and/or alcohol test be delayed for more than one (1)
hour to allow for the presence of a PBA or other employee representative.
Section 5. The following procedures shall apply to the substance abuse
testing administered to employees who meet the above stated conditions:
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5.1 Analysis of specimens will be collected and performed only
by laboratories, hospitals or clinics certified by the State of Florida, Agency for
Health Care Administration (AHCA) or the Federal Substance Abuse and Mental
Health Services Administration (SAMHSA), utilizing qualified sites and employing
collectors trained to follow custodial collection protocols and properly maintain
legal specimen chain-of-custody. Specimens that the City may use when drug
and alcohol testing for the reasons set forth in Section 3 include urine, blood, and
hair follicle samples. In addition, the City may use a breathalyzer for an alcohol
test for any of the reasons set forth in Section 3.
5.2 Specimens shall be drawn or collected at a laboratory,
hospital, doctor's office, certified medical facility or even on City premises by a
certified health care professional. If the City or the collector requires an observer
when the urine specimen is given, the observer shall be of the same sex as the
employee being tested. All specimen containers and vials shall be sealed with
evidence tape and labeled in the presence of the employee, and his/her witness
should be present.
5.3 All drug and/or alcohol testing will be conducted using
recognized technologies and recognized testing standards. The following
standards shall be used to determine what level of detected substance shall
constitute a POSITIVE test result for urine specimens:
Substance Screening Test Confirmation
Amphetamines 1000 ng/mL 500 ng/mL
Barbiturates 300 ng/mL 150 ng/mL
Benzodiazepines 300 ng/mL 150 ng/mL
Cocaine 300 ng/mL 150 ng/mL
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Cannabinoids (Marijuana) 50 ng/mL 15 ng/mL
Methadone 300 ng/mL 150 ng/mL
Methaqualone 300 ng/mL 150 ng/mL
Opiates (Heroin, Morphine, 2000 ng/mL 2000 ng/mL
Codeine)
Phencyclicline (PCP) 25 ng/mL 25 ng/mL
Propoxyphene 300 ng/mL 150 ng/mL
Boldenone 10 ng/ml 10 ng/ML
Mathandienone 10 ng/ml 10 ng/ML
Methyltestosterone 10 ng/ml 10 ng/ML
Nandrolone 10/ng/m1 15 ng/ML
Oxandrolone 10 ng/ml 10 ng/ML
Oxymetholone 10 ng/ml 10 ng/ML
Stanozolol 10 ng/ml 10 ng/ML
Probenecid 10 ng/ml 10 ng/ML
Clenbuterol 10 ng/ml 10 ng/ML
Specific Gravity — NR 10 ng/ml 10 ng/ML
T/E Ratio Interpretation 4.1 or greater
Testosterone 10 ng/ml 10 ng/ML
Epitestosterone 10 ng/ml 10 ng/ML
T/E Ratio: Specific Gravity 4.1 or greater
Alcohol (Ethanol) 0.02 g/dl 0.04 g/dl
5.4 Levels found below those set above shall be determined as
negative indicators. Tests for other non-presented controlled substances and
hair and blood specimens will be in accordance with federal and state
government screening and confirmation standards.
5.5 All positive initial tests shall be confirmed using gas
chromatograph/mass spectrometry or an equivalent or more accurate
scientifically accepted method approved by AHCA. The test must also use a
different scientific principle from that of the initial test procedure.
5.6 A Certified Medical Review Officer (MRO) who will be a
medical professional chosen by the City will review all negative and confirmed
positive laboratory results. Confirmed positive results will only be communicated
to the City's designated human resources professional after the MRO has
54
ascertained that personal prescriptions or other legal substances do not account
for the laboratory findings. Investigations may include, as appropriate, telephone
contact with the employee and any prescribing physician. Employees may
consult the City appointed MRO concerning drugs and/or drug groups that may
be tested for under this procedure.
5.7 Employees may contact the City's Medical Review Officer to
ask questions concerning prescribed medications they are taking for clarification
purposes involving fitness for duty assessments.
5.8 The following is a list of over the counter and prescription
drugs which could alter or affect drug and alcohol test results. Due to the large
number of obscure brand names and the constant marketing of new products,
this list cannot be and is not intended to be all inclusive:
Alcohol: All liquid medications containing ethyl alcohol
(ethanol). Please read the label for alcohol content.
As an example, Vick's Nyquil is 25% (50 proof) ethyl
alcohol, Comtrex is 20% (40 proof), Contact Severe
Cold Formula Night Strength is 25% (50 proof), and
Listerine is 26.9% (54 proof)
Amphetamines: Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex,
loanamine, Fastin, Vicks Nasal Inhalers
Cannabinoids: Marinol (Dronabinol, THC)
Cocaine: Cocaine HCI topical solution (Roxanne)
Phencyclidine: Not legal by prescription
Opiates: Paregoric, Parepectolin, Donnagel PG, Morphine,
Tylenol with Codeine, Empirin with Codeine, APAP
with Codeine, Aspirin with Codeine, Robitussin AC,
Guiatuss AC, Novahistine DH, Novahistine
Expectorant, Diluadid (Hydromorphone), M-S Contin
55
and Roxanol (morphine sulfate), Percodan, Vicodin,
Tussi-organidin, etc.
Barbiturates: Phenobarbital, Tuinal, Amytal, Nembutal, Seconal,
Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral,
Butabarbital, Butalbital, Phrenilin, Triad, etc.
Benzodiazephines: Ativan, Azene, Clonopin, Dalmane, Diazepam,
Librium, Xanax, Serax, Tranxene, Valium, Verstran,
Halcion, Paxipam, Restoril, Centrax, etc.
Methodone: Dolophine, Metodose, etc.
Propoxyphene: Darvocet, Darvon N. Dolene, etc.
Section 6. Within five (5) working days after receipt of a positive
confirmed test result from the testing laboratory, the City will inform the employee
in writing of such positive test result, the consequences of such results, and the
options available to the employee or job applicant. The City shall provide to the
employee or job applicant upon request, a copy of the test results. Within five (5)
working days after receiving written notification of a confirmed positive test result,
an employee or job applicant may submit information to the City explaining or
contesting the test results and why the results do not constitute a violation of the
employer's policy. If the City disagrees with the employee's position, within fifteen
(15) days of receipt of a formal challenge of positive confirmed test results, the
City will respond to the employee. If the employee wishes to maintain the
challenge, within thirty (30) days of receipt of the City's written response, the
employee may appeal to a Court of competent jurisdiction and/or a Judge of
Compensation Claims (if a workplace injury has occurred). Upon initiating a
challenge, it shall also be the employee's responsibility to notify the testing
laboratory which must retain the specimen until the case is settled.
56
Section 7. The results of all tests performed hereunder will be held
confidential to the extent permitted by law.
Section 8. Any specimens found or admitted to have been adulterated
or substituted before, during or after the substance abuse test, will constitute
immediate grounds for employee discharge from employment.
Section 9. Employees have a right to consult with the MRO for
technical information regarding prescription and non-prescription medication.
Section 10. The results of such tests shall be handled as if part of an
internal affairs investigation, and the employee involved shall be afforded all the
rights enumerated in Section 112.532 of the Florida Statutes. The taking of drug
and/or alcohol tests from a member of the bargaining unit does not constitute an
interrogation within the meaning of Section 112.532 of the Florida Statutes,
unless questions are asked at the time the test is taken.
Section 11. Disciplinary consequences for having a confirmed positive
drug test is the immediate discharge of the employee for cause, and the potential
denial of Unemployment Compensation as specified in Sections 440.101 and
440.102 of the Florida Statutes. An employee injured in the line of duty and/or
involved in an automobile accident and subsequently confirmed positive for drug
and/or alcohol abuse based upon post accident testing will also be terminated
from employment and may lose Workers' Compensation benefits.
Section 12. An employee who tests positive for alcohol and was not
involved in an accident and/or did not suffer an injury in the line of duty while
under the influence of alcohol must meet the following conditions to remain
57
employed by the Department-
(1) Completion of an Employee Assistance Program or
Substance Abuse Program approved by the City.
(2) During the period the employee is out after a positive alcohol
test result, he/she will be placed in a "no-pay" status or they
may utilize their accrued vacation leave.
(3) The employee who had a positive test result and is
reinstated must sign a Last Chance Agreement that will
specify immediate discharge on a second positive alcohol
test.
Section 13. Any disciplinary or other adverse personnel action taken by
the City Manager resulting from any test conducted pursuant to this article shall
be appealable though the grievance procedure contained in this agreement
through and including arbitration.
Section 14. Nothing in this Article shall prohibit an employee from
voluntarily self-identifying as having a drug/alcohol abuse problem to either
his/her immediate supervisor, Department Head, or the Personnel Officer, but
may not do so just prior to being selected for a drug and/or alcohol test.
Such employee must meet the following conditions to remain employed by
the Department:
1) Completion of Employee Assistance Program or Substance Abuse
Program approved by the City;
2) During the period the employee is out of after self identifying
himself/herself will be placed in a "no pay" status or they may utilize
their accrued vacation leave; and
3) The employee who self identifies himself/herself must sign a Last
58
Chance Agreement that will specify immediate discharge on any
drug and alcohol confirmed positive test, and if he/she
subsequently self identifies as having a drug and alcohol abuse
problem.
Requests from employees for assistance in this regard shall remain
confidential to the extent permitted by law and shall not be revealed to other
employees or members of management without the employee's consent.
Employees enrolled in drug/alcohol abuse programs as outpatients, shall be
subject to all City rules, regulations and job performance standards. The
Department will not discharge, discipline, or discriminate against an employee
solely upon the employee's voluntarily seeking treatment for a drug and/or
alcohol related problem, if this is the first time that an employee has entered an
employee assistance program for drug/alcohol related problems.
Drug and alcohol abuse are serious personal concerns for many
individuals. The City provides employees in such circumstances with the
services of an Employee Assistance Program which may be called to obtain free,
confidential, professional referral assistance.
Aetna ® Resources for Living
(666) 236®6232
www.resourcesforlivirlg.com
59
ARTICLE 33
Reopening of Negotiations
Section 1. If during the life of this Agreement a pension plan actuarial
evaluation is completed which requires the City to increase its contribution to the
Plan to greater or equal to twenty-two percent (22%) of covered payroll, the
parties agree to reopen the Pension Article within thirty (30) days for the sole
purpose of only discussing Article 29 Pensions. All other provisions of this
Agreement shall remain in full force and effect during any reopening.
60
ARTICLE 34
Court Time
Section 1. Bargaining unit employees shall receive a minimum of three (3)
hours overtime at one and one-half (1 '/2) times their regular rate for necessary
off-duty work related to court appearances required by court order or quasi-
judicial and administrative hearings, concerning pending criminal, civil or traffic
cases. To be eligible, an employee must be called back to work at a time outside
his/her normal working hours, and at least three (3) hours before the beginning of
the shift and one (1) hour after the end of the shift. Pay for witness fees shall be
returned to the City. Employees may be permitted to accrue compensatory time
for off-duty court appearances in lieu of cash payments.
61
ARTICLE 35
Term of Agreement
Section 1. This Agreement shall be effective upon ratification by the PBA
and the City, and shall continue through September 30, 2025.
Section 2. In the event a new collective bargaining Agreement is not
reached prior to the expiration of this Agreement, the terms and conditions of this
Agreement shall be binding upon the parties until the ratification of a new
collective bargaining Agreement.
Section 3. It is understood and agreed that this Agreement constitutes the
total agreement between the parties. The terms of this Agreement shall not be
amended, except by the mutual written consent of the parties as they may from
time to time agree.
1.
This Agreement is made and entered into and executed this
day of j: e ,./. ---. r , 2022.
CI F AVENTURA SOU LICE B OLENT O TI
onald J asson, City Manager Steadman Stahl, President
-"F AV. e
: - 'jl Representative
ATTESTS 9`!.- F1J �& Representative
' ~off ,t
Ellis . Horvath, Clerk, '-. -senta . e
(-76--'
-----, ,c,(---- ____________ 6„/ ,. .,./ /
Brett J Schneider City Labor Attorney Andrew Axelrad, BA Attorney
62
ARTICLE 35
Term of Agreement
Section 1. This Agreement shall be effective upon ratification by the PBA
and the City, and shall continue through September 30, 2025.
Section 2. In the event a new collective bargaining Agreement is not
reached prior to the expiration of this Agreement, the terms and conditions of this
Agreement shall be binding upon the parties until the ratification of a new
collective bargaining Agreement.
Section 3. It is understood and agreed that this Agreement constitutes the
total agreement between the parties. The terms of this Agreement shall not be
amended, except by the mutual written consent of the parties as they may from
time to time agree.
This greeme t is made and entered into and executed this I
day of ►�p j-eYY1 , 2022.
CI F AVENTURA SOU LICE B OLENT O TI
#1,44'..494 1..</k4------..''
onald J Asson, City Manager Steadman Stahl, President
_ __ e. Representative
P ay_'
ATTEST: r.
,,t, '1`� Representative
Ellisa L. Horvath, Clerk sent ' e
I Brett J. Schneider City Labor Attorney Andrew Axelrad, A Attorney
62
EXHIBIT A
63
EXHIBIT A
Salary Plan-2022-2023 Salary Plan-2023-2024 Salary Plan-2024-2025
October 1,2022 through September 30,2023 October 1,2023 through September 30,2024 October 1,2024 through September 30,2025
Police Officers(includes 3.0% COLA I Police Officers(includes 3.0% COLA) Police Officers(includes 3.0%COLA)
STEP 1 $ 67,820.47 STEP 1 $ 69,855.08 STEP 1 $ 71,950.73
STEP 2 $ 71,211.49 STEP 2 $ 73,347.83 STEP 2 $ 75,548.26
STEP 3 $ 74,772.07 STEP 3 $ 77,015.23 STEP 3 $ 79,325.69
STEP 4 $ 78,510.66 STEP 4 $ 80,865.98 STEP 4 $ 83,291.96
STEP 5 $ 82,436.23 STEP 5 $ 84,909.32 STEP 5 $ 87,456.60
STEP 6 $ 86,558.03 STEP 6 $ 89,154.77 STEP 6 $ 91,829.41
STEP 7 $ 90,885.90 STEP 7 $ 93,612.48 STEP 7 $ 96,420.85
STEP 8 $ 95,430.20 STEP 8 $ 98,293.11 STEP 8 $ 101,241.90
STEP 9 $ 100,201.74 ISTEP 9 $ 103,207.79 STEP 9 $ 106,304.02
STEP 10 $ 103,708.75 ISTEP 10 $ 106,820.01 ISTEP 10 $ 110,024.61
Police Sergeants(includes 3.0%COLA) Police Sergeants(includes 3.0%COLA) Police Sergeants(includes 3.0%COLAI
STEP 1 $ 91,478.80 STEP 1 $ 94,223.16 STEP 1 $ 97,049.85
STEP 2 $ 96,052.72 STEP 2 $ 98,934.30 STEP 2 $ 101,902.33
STEP 3 $ 100,855.35 STEP 3 $ 103,881.01 STEP 3 $ 106,997.44
STEP 4 $ 105,898.13 STEP 4 $ 109,075.07 STEP 4 $ 112,347.32
STEP 5 $ 111,193.02 STEP 5 $ 114,528.81 STEP 5 $ 117,964.67
STEP 6 $ 116,752.66 STEP 6 $ 120,255.24 STEP 6 $ 123,862.90
STEP 7 $ 122,590.31 STEP 7 $ 126,268.02 STEP 7 $ 130,056.06
STEP 8 $ 128,719.83 STEP 8 $ 132,581.42 STEP 8 $ 136,558.86
STEP 9 $ 133,225.03 STEP 9 $ 137,221.78 1 ISTEP 9 $ 141,338.43
ASSUMED INCREASE IN STEP(YEAR OVER YEAR)
Police Officers
STEP 1 3.00% STEP 1 3.00% STEP 1 3.00%
STEP 2 3.00% STEP 2 3.00% STEP 2 3.00%
STEP 3 3.00% STEP 3 3.00% STEP 3 3.00%
STEP 4 3.00% STEP 4 3.00% STEP 4 3.00%
STEP 5 3.00% STEP 5 3.00% STEP 5 3.00%
STEP 6 3.00% STEP 6 3.00% STEP 6 3.00%
STEP 7 3.00% STEP 7 3.00% STEP 7 3.00%
STEP 8 3.00% STEP 8 3.00% STEP 8 3.00%
STEP 9 3.00% STEP 9 3.00% STEP 9 3.00%
STEP 10 3.00% ISTEP 10 3.00% ISTEP 10 3.00%
Police Sergeants
STEP 1 3.00% STEP 1 3.00% STEP 1 3.00%
STEP 2 3.00% STEP 2 3.00% STEP 2 3.00%
STEP 3 3.00% STEP 3 3.00% STEP 3 3.00%
STEP 4 3.00% STEP 4 3.00% STEP 4 3.00%
STEP 5 3.00% STEP 5 3.00% STEP 5 3.00%
STEP 6 3.00% STEP 6 3.00% STEP 6 3.00%
STEP 7 3.00% STEP 7 3.00% STEP 7 3.00%
STEP 8 3.00% STEP 8 3.00% STEP 8 3.00%
STEP 9 3.00% STEP 9 3.009 STEP 9 3.00%