2006-031
RESOLUTION NO. 2006-31
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN COLLECTIVELY BARGAINING
CONTRACT ATTACHED HERETO BY AND BETWEEN
THE CITY OF AVENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION, WHICH
CONTRACT SHALL BE EFFECTIVE UPON SIGNATURE
BY THE CITY MANAGER AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING 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 on behalf of the City to execute and otherwise enter into said
Collective Bargaining Agreement by and between the City of Aventura and the Dade
County 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 its
adoption with certain sections retroactive to October 1, 2005 and upon the execution of
the Agreement by the City Manager and the Dade County Police Benevolent
Association representatives.
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Resolution No. 2006-31
Page 2
The foregoing Resolution was offered by Commissioner Ho1zben! who
moved its adoption. The motion was seconded by Commissioner Joel
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
yes
YP~
yes
yes
yo.c
ves
yes
PASSED AND ADOPTED this 18th day of May, 2006.
APPROVED AS TO LEGAL SUFFICIENCY:
N~
CITY ATTORNEY
EMS/tms
------
AGREEMENT
BETWEEN
THE CITY OF AVENTURA, FLORIDA
AND
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
October 1, 2005 to September 30, 2008
Table Of Contents
Paqe Number
ARTICLE 1 Preamble 1
ARTICLE 2 Recognition ~,
"-
ARTICLE 3 Non-Discrimination 3
ARTICLE 4 Due 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 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
'l.I,,(TICLc 22 Personal Leave 35
ARTICLE :<:3 Training 36
ARTICLE 24 Transfers, Shift change and Substitutions 37
ARTICU:; 25 Group Insurance :18
AR~ICLE 26 Promotion Procedures 39
Ai=<TICLE 27 Probationary Employees 40
ARTICLE 28 Sick Leave 41
ARTICLE 29 Pension Plan 42
ARTICLE 30 Take Home Police Vehicle Policy 43
ARTICLE 31 Workers Compensation Fraud 44
ARTICLE 32 Drug and Alcohol Testing 45
ARTICLE 33 Reopening of Negotiations 55
ARTICLE 34 Term of Agreement 56
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/lHf iCLE 1
Preamble
This Agreement is entered inlo this
day of
,2006
"y and between the City 0;' Av(~nlljf'i" '" FiOi"ida, Municipal CorpOl;;l'~ion, hereinafL
referred to as "THE CITY" or "CiTY' or "EMPLO'fER" and the Dade County
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 ihe requirements contained in Chapter 447
Florida Statutes, as amended; and
WHEREAS, this Agreement is entered into to promote a harmoniou!;
relationship between the City and ihe 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:
1
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ARTiCLE 2
Recoanition
The City recognizes the PBA as the exclusive bargaining agent for the purpose of
: co!lective bargaining with respect tr! wages,. hours and other conqitions of
eiTlf'loyrnent for thos," employees included within the certified baigaining uni;
descriDed 'f) PERC Certification No. 1237 (January 15,1999).
Included: Sworn police personnel of the ranks of : Police Officer and
Policn Sergeant
Excluded:
Ail other Depi'rtment employees.
2
ARTiCLE 3
Non-Discrimination
28ctioLl....L The Cily and PBA agree not to discriminate against any
~ " ,_~ti cc\/ered :: becat\se of age, 86:< '~:~rari,t8< f c.,-,c ,
cellol, creed, Ilational c! !gin, rp!igious affiliation, physical hnndicap or disabliit/ c"
sexual ori"ntation,
?ectlon 2, ThE' ["'flies agree not to interfere with thie rights of eIllPlcYl'lEiS
to uecmne nlbi11bers H3A, vi t'J refr&in from such activities and that thore shall
be no discrimination, interferE-liCe, restraint or coercion by the parties against any
emploype because of mcrObPTship or non - membership.
3
ART,CLE 4
Dues Deductions
~e.c:;tion 1. PBA members may authorize payroll deductions for the
pUi',~ose of paying PBA dues. Any member of the PBA who has submitted .~
properly executed dues deduction form to the City Manager 0:' his Co her desiGn,,",
m['y have his or her membershir dues in the PBA deductpd fro,',j his or her w[;~~e::,
No auli,oriL8tion sh~11 be allowed for payment of initiation fees, ass8SSmel,\3, u,'
fines. PaYlOiI dedudion" ::;i,all be revocable al any time upon requesi by the:)
f)l;lployee to the CITY al1:) PB/\ in "iriting. The pnyroll deduction ';3f:ccilaUc:
shall be effective thirty (30) days after I,""ceipt of notice revocation.
Section 2. Dues deducted shall be transmitted to the PBA on a IT,Gnlhl)
" basis, 8ccompanied by a list of those employee's names whose dues are
[oe;<:
Section 3. It sholl be the responsibility of the ?SA to r;l,[ify the Gity
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
pay period, if available wages are not sufficient to cover the full dues deduction,
4
rlU deduction shaH bl..~ nlllC.6. ~n u,;l;~ connection all tegalfy t.equ1red d0uuCt~lJi ._;
h2'Je pr~orit~/ ever dues.
5
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...,J",rICLE 5
1Itj("l!!l!tment RiQhts
SecIJon 1, lhr, ','ii, rs('ogni2''ls the right of the City to operate, managE
11~tect an
\:~/;ithin th8 Cl~'Y ~;,',C1~" ~t ,'i~; ot~.i.;
expressly proviaed P!SPHl1PTP ii', V,i6 Agreement, including tic", riijllt
'cR) '0 exercis" i!I'lG unhampered control to mimage, dimc!, an"
totally supervise OIl! p'lir,tWi':; C:i,iy.
(0) To hire:, ";,,,,t'or, schedule, crain, assign &"0 ,'dair,
employees in positiolic Acti', ti'it' ,'l,y rF,J to establish procedures therefor,
(c) Tn SUSI'Gnr', (Ismr;!" ('o',I1'2rge, layoff, or ta!~e othGr discirlin3r
action for just cause 'Jqains',',>llivees in accordance with ,his callec!iw.
bargaining Agreement, the City's Personnel Policies and Regulations,
procedures and ciepartm"ntal policies,
(0) To malllt",!,! ""'!lilel'(1' 01 the uperations Olli1(~ Policb Deparimen,.
(e) To aG',6Irnln(~,hG struclul'e and organization of City governrnem,
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 oj all employees who shall be employed by
the City, the job description, activities, assignments, and the number of hours
and shifts to be workeo 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,
6
Pi ~.. () de'l.eru"'line ih6 ~O(;atior;, lnethods, medrlS ana pt:.Tsunnei t,y '\'it>:lc_-;
oDerati(",~ are to bf; c'oncucted,
Ui, To det,ermine what uniforms the employees are required to wedr
while or dut\!.
<
To s'" proc.'f"dures and standards to evaluate City emplr'lleee
oc::r~'(':',: ,,"'-i'iC-8.
,
To es:cbiisi:, change, or modify duties, tasks, respol'1si!:ci"itios,
"equirem~,nts 'vithin job descriptions.
\Ir:.\ To determinE: intemal security practices.
',' Ij IntrGciuce neVe 01' improved services, mainl6ltd;'188 fXOC&uc .1..
malG'" I';, faclliti8s and equipment, and to have cG!'nplete aufhCi1i;"
e)(8r~isE: those rights and powers incidental ther'eto, includinH"e
['ig,h'~ 'ic
lmiiHeral changes when necessary,
;;f'''i:,\
,~{.
and propeny of ''-'-',
.
(p)
lc 'oIFluiatF' a:,d implement department policy, p''Gcedur8s 'titHS ,ii.
regulstlons;
Section 2. it is understood by the parties that every incidental dul"
connected with operations enumerated in job descriptions is not alw,,/~}
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 4. Any right, privilege, or function of the City, not specifically
released or modified by the City in this Agreement, shall remain with the City,
7
ARTICLE 6
PBA Business
Sf'giQD 1 ThE' City shall provide PBA with a bulletin b0wri. A COPy of a:,
"Ic,[fees 01 bllH!')jins of the PI'Y\ that are to be posted shal! IC)( Gubmitted tn the City
C,']a'"lapdr, el' oeslgr,,,,.. Thece shall be no other general ci:S:Tibution cr posting by
"["'ilIO)'!GS of parnpiil0ts, adveltising or political mattGr, noiicGs. c,r 1m)' kind 01
litelBlurA lIOO'1 eit" :'coperty other than as herein provided. T!18 tilJil8tin boardc
authmizGG by ti,e Cii)i fOl' use by PBA may be used by the iC'BA under the terms
oi :i ,is Articie, "}Ill,, for the pUlpose of posting thE: following notices ,,1',0
annOI''1ceme.;rts:
(a) Notices of PBA meetings;
(bj Notices of PBA 8Ie:tions;
\,C " _~s
tG) C'-YHGe;
(cD I,iollces Of FBI.:. i'6creat.ional ;md social affairs.
(e) Notices of Collective Bargaining Agreement ratification meetings.
(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.
8
ARTICLE 7
pBA Representation
Section 1. Neither party in negotiations shall have any control ovel' the,
selections of the negotiating or bargaining representative (, the otller P2!ty. f'
bargaining committee of the Pi3A sh,;!! not consist of n~cl eo tllim fOUi Inrjivici. ;:1;
2t least o~e Of whom must be a ',',cmbe.; of the Aventura bargaining I ',dL. I'v.
more than two PBA bargaining uni, renresentatives she!1
,elea~ed frnn> out'.!
with ray lor purposes of GO!lsctive 1;2"J'Jining. The PSt, ",ii:! fUlnish the City 'NiU'
a written list of the roSA hsrgainin0 committee, Dri,," t'1 the first beJrl]s:nirc'
session, and will substitute c112.llges t'1ereto in wriiing to the; Citl'. Tile eiL' "tin"c',
to alter or flex the schc.dule
,jny PBA representative to ,,!lOVE 'n;;
representative'; to attend bai'guinirrg ;;c3sions on duty re9ardi\Oss ot shift so lon,
-:'::'7; if ~~;8S not cr',')E}te 8::-~ o''!,s:trme sifuA:'\)n or cost to th.:') r"'+v,
Section 2. PBA re!1rosentati'/,.,::; shall be allowed (0 communk;ate offiGia,
..__~.__~_ I
L" PBA business to members prior to onoduty roil call.
Section 3 After securing permission from the Police Chief or his designeo,
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 shai! 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
9
(nltiattorl fees, dues Cd' c'-:'.,sessn-~ents, 111eetings, distr~bution or PBA Df affinate-G
P8A literature or any otl>')[ tusine~s activity of the PBA on City time and cllrirg
the working hours of City employees.
Segt.Ipn_.9. Off..nul., \irr>e spent on negotiat.ions or grievances shall n0', t
C:P8rr!6~
'Nork,.' :', no defined by FLSA, nor. shaH ~uch timp. be, aC('''I)6'':.
tovvard' ci/Rftim~ in ~"i,.! eiTc;iioyees w0rk day or workweek.
S~,li;tL', Th: City and the) ['SA agree that there wI!i be i~O ';J!!G~;liv
bargaininp negc:iat.io,'c' ",ttempt.ed or entered into between an)! pei'soll." ('ther
than the CltV 1"'18[,,8981 amJior his designee and designated representatives c1 the"
i'\ssodalion. Ai',y 8"0" [0 circumvent the proper bargaining pi'ocess s'nd,i '"
deemed groundi: t'or Either party to file an unfair labor practice 8nd shall res:.!lt ii'
appropriate charges being filed against the offending party.
10
ARTICLE 8
No Strike
,S:~ctiQD"l. "Strike" means the cancerted failuie to. report far duty, the
~~0,-,,:ut',,d absenc;~' oi emplo.yees fl'om their Po.sitio.ns, the cOicerted stoppage ("
wo.rk, the cnllcerteci submission of resignatians, the concertQO absUnence in who!-!
ar in pali: ny any group of err'ployees frem the full and fc'lthfd nA!formance of their
dutief of Gi1'!Dioyrnent with the City, participatian in a deiiberate and cancGrh:,c
COl!rS0 at ronduct which adversely affects the services of the City, picketinc c r
demanstrating in furihemnce cf ii \",ark stappage, either dl..,inQ,nc tenT, cf 01' 2f~<:'
the 6YT.llr"Uon of 0 C,' iiec;ive bargainii',g agreement.
'.c..,"
S(~ction ~:.
,he F'BA, nor any af its afficel's, agents and membel'f,
neT'S.i'"i C-l,'l :rq,u)' -:. _ l '8..JIII' ;'iHu1~ n1ei11bers, covered by thfS ~'::;}"d8~n(tn ~~, vv,n ~j'
promate, sponsol, Hllyage in, or callcone any strike, sympathy strike, slowdown,
sick-aut concerted ',lappage ar work, illegal picketing, ar any other interruption of
the ape rations af the City.
Section 3. Each employee who halds a positian with the PBA accupies a
pasition af special trust and responsibility in maintaining and brir,g abaut
compliance with this Article and the strike prahibition in Section 447.505, Florida
Statutes and the Canstitutian af the State af Florida, Article 1, Section 6.
Accordingly, the PBA, its afficers, stewards and ather representatives agree that it
is their continuing abligation and respansibility to. maintain campliance with this
Article and the law, including their respansibility to. abide by the provisians of this
Article and the law by remaining at work during any interruption which may be
11
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initiated t>y others; and their P3sponsibility, in event or bre2~r. of th's Article or the
law by other employees and upon the request of the City, to encour2Je alld direct
employees violating this Article or the law to return to vmrk, and to disavow the
~t:.ike pllbiiclv
Section 4.. AnV or all employees whu viol"t€! ,~n/ prcvisiom 0' the; lei",
:Jrc,J1ihitinQ strikes or onhis Aliicle may be dismissed or otherw:se c:iscip:''1ed by Ii"
G~t\
.L
~ecJion~ The Cily agrees to adhere to the provi'iors nf Chapter 447
Florida SU:tutc)S, regarding the prohibition on lockouts.
12
_M~__'__ - --r--'-'
ARnCLE 9
le'l"~ Representaticll'l
Section 1. WheneV61" a civil suit in tort is brought against an employee for
i~~ij~{i~S or darna:ges s.uf:l:;n:~d (}IS 8 ~"-':;8Ult of any set, \.:~{\,,\~.,,;>: 0: ul"\l~SS~Qn of actloi;,
which is alleged to have occilm"d while tile emplO)iee was on duty or actin~i
I ,
within the scope or his/her employment, the Cit)' wi:1 investigate the
circumstances to detemi!m, Wh8therthe employee actei~ in bad faith or with
malicious purpose or ill a mamls!" uhibiting wanton and willful disregmo of
human ri(:1hts, safety, or property.
Siection 2.. If the City d6tetlYlinGc' that tilt: employee did not act in bad faith
or with malicious purpose or in 8 manner exhibiting wanton and willful disregard
of hwnpn ;::;;hl1', safp!y (1r prnpert~/, the City shall undArtRke the defense of thA
employee, as required by law. Sflid defense shall cease upon judicial finding, 0'-
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
/U~TICLE 10
Sa1aries
Section 1. For the first year of this Agreement, (October 1, 2005 to
Sfwt9mber 30, 2006) current Dolice officers and sergea[1ts shall be slotted int'
the follc.wing pay plan Ix'"cd on theil' current years of service with lice e't! 2S e
police officer or sergei>nt of Oc~oi:0r '~, 2005. Thereafter, on the employeec',
anniversary date, thGY wii! be seaUe,' in the following pal' plan depending on their
years of service as ~. pc,lice officer or sergeant with the Cit~1 of Aventura: The,
anniversary dale shedl be defined as the employee's entrarlce date into his/her
,. resent position.
Step'! Step 2
Ster~,J
Step 4
Step 5 Step 6
Step 7
3h'7p 8 I
------
Police Officer - Base pay
Sergeant - Base pay
~~ -
Section 2. For [he second year of this AgreeIT,8nl (October 1, 2006 k
September 30, 2007), each step shall be increased by 3.5%, on the first pay
eriod of October, 2006. The following Day plan shall be in effect for 2006/07:
Step1 Step 2 Step3 Step 4 Step 5 Slep 6 Step 7 Step 8
Step 9 I
---'
Police Officer - Base pay
Section 3. For the third year of this Agreement (October 1, 2007 to
September 30, 2008), each step shall be increased by 3.5%, on the first pay
period of October, 2006. The following pay plan shall be in effect for 2007/08:
14
IS'~;J1
Slep 2
Slep3
S\C'~ <
Step 5
Step 6
Step 7
Ste~:
~
Pollc€-Yfficer - Base pay
~',:, ,j8,mt ,- Base, pay
~~f;ion 4,
(9)
I-\il employees covered by this Agreement, provided
,
ihey ha\f~
earned c; quality point average on their evaluation of 3,5 or more sk:lli be eligit/2
f01' ,) r,'erit salary increase, (move te the next step in the pay plan) (;xcept 80"
provided ill Section (b) 'herein, on the employee's anniverscry date, The
aidliversa''i date shall be defined as the employee's entrance datR into his/hel'
iJrGsent ['('sition, Any employee who fails to receive a quality poinl average 01
.~f '
3.5 Qr ", ,eWe fir ~II be rps\lilll!i".!:::cd ir six::y days, If the- employe, e thEW l;ecpi'FY' il ~'
I . -- _. \. .
rating of ::;,5 or more the employee shell receive his/her merit increases,
(b) Employees covered by this Agreement, who reach the maximun
step, as stated in the salary plan included in Section 1, shall not be eligible fOI
merit/step increases,
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 Ranqes All employees covered by this Agreement,
hired after October 1, 2005, shall receive the minimum salary step, as outlined ill
the Salary Schedule outlined herein for their appropriate position classification
upon his/her original appointment or based on their previous experience as a
pollee officer may be slotted in the pay plan as approved by the City Manager,
15
SectiorJ. Detectives An employee assigned as a Detective by the POlice
chief shp!1 receive", pay incentive of $35.00 per week. Employees serving in a
Detective capacity serve in said capacity at the pleasure of the Police Chief. No
grievanre proceeding may be filed by an affected en'iplovee when said
employee's Detective capacity is terminated.
Sel:lior. 8. Field: TrainiPQ Officer An employee assigned as a [,ieid
Training Officer by the Police Chief Shdll receive a pay incentive of $25.00 pE"
week. Employees serJing in a Fieid Training Officer capacity serve in said
capacity at the pleasure ot the Police Chief. No employee grievance may be fiied
by an atieeted employee when said employee's Field Tl'8ining Officer capacity is
terminated.
Section 9. Corporal An employee assigned as a Corporal by the Police
Chief shall receive a pay incentive of 5% of their current salary while serving Iii
ihe CC';~~'(iH';ll
[:Jl1P;:~);feeC s6lving ~'~.1 a COrpO[Ob; C8!)dC!:'~'y' seTviC, in sa(~'
capacity at U"e pleasure of the Folice Chief. No employee grievance may be filed
by an affected employee when said employee's Corporal capacity is terminated.
Section 10. K-9 Officer, Motorcycle Officer and Swat Team An employee
assigned as a K-9 or Motorcycle Officer by the Police Chief shall receive a pay
incentive of $25.00 per week. An employee assigned as a member of the SWAT
team by the Police Chief shall receive a pay incentive of $15.00 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.
16
ARTiCLE 11
Severabilitv Clause And Zipper Clause
Section 1" Should :=:[1\1 i)[C",i,sion of this collective Ga.rgainii':J bg'GI6!cIGi\,
01' any pali thereof, be reneered or uedared invalid by reason of any (,;:isting or
subsequenily enacted state or federal law, or by any decree of a coun of
competent jurisdiction, all other articles and sections of this Agreement shall
remain in fuil force and sHec! for the duration of tI,is AgreemenL The partie2
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 agreemem
arrived at by the pa'r'lles after tne exercise of tha't right and opportunity are set twtll
in this Agreement. Therefore, the City and the Union, for the life of this Agree,nent,
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.
17
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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 Procedural Dii"ectives issued by the Chief of Police anJ
,
they shall apply to ail bargaining unil members. Any changes to the Personnei
Policies, Administrative Policy Directives and Procedures Manual and PoliCE;
Procedures shall be copied to the DBA.
Section 2. In the eVfmt of any conflict between the terms of this Agreement.
the APDI~, Police Procedures, or the Personnel Policies, this collective bargaining
agreement shall supercede to the effect that the in consistent terms and conditiorw
of this negotiated Agreement, if any, shall control.
Sr;c:!i9r 3_, Existing e~lployee benefits, attendance and leave 2nd hirinq
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.
18
ARTICLE 13
Grievance Procedure
Section 1. In a mutual effort to provide harmonious working relations
betl/veen the parties to this Agreement, it is agreed to and understood by both
parties that there shall be a procedure fer the resolution of grievance~ behveen the
parties arising from any alleged violation of the specific terms of this Ago"eemen;.
Grievances relating 'to alleged violations of the specific terms of this Agreement
shall be processed in the following manner.
Sec:tion 2. Verbal Grievance
Step 1
'Nhenever an employee has a grievance, he should first present it verbally 10
his immediate siJpervisor within seven days of the event giving rise to the
grievance. It is the responsibility of the supervisor to attempt to arrange a mutually
satisfoc(ory settlement of '(i',e 6,ie"","oe within seven (7) calender days of the timb
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
If the aggrieved employee is not satisfied with Step 1 answer, he/she may,
within seven (7) 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
19
_...---_.~..._-_....~.-y--._------ ---..,-..-.---.-
grievance; and (d) the relief requested. The Shift Sergeant may informally meet
with the grievant to address the grievance. A PBA representative may be presen!
at the meeting upon the grievant's request. The Shift Sergeant shall reach a
decision.?:nd communicate in writing to the aggrieved employee and PBA within ten
(10) Galendsr days of receipt of the grievance.
Slep3
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 Cl
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
PBi~. repreSientative, if n63cied. The Chief of Police or h!s/or her designee stlajl
within ten (10) calendar days after the presentation of the grievance (or such longEc
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
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
20
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 unforseen 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 Ilis/her designee at Step 3 of the grievance
procedure, within the time limit provided for the submission of the grievance in
Step 1, cllld signed by the aggrieved employees or the PBA representative on
their behEif.
Section 6 In the event a grievance relating to the interpretation of this
Agreement or relating to a discipline matter involving demotions for non-
probationary employees, suspensions of two (2) days or more and/or relating to
termination of employment, 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 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 non-probationary employees, discipline not involving
termination of employment or suspensions less than two (2) days shall not be
subject to arbitration and the City Manager's decision shall be final and binding.
21
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 thf:l
olloel. Part'!. Copies Of any documentation provided to the Arbitrator by eitne..
party shall be simultaneously provided to the other party.
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 twenty (20) 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
22
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.
Se(:tion 12. Unless otherwise agreed to by both parties, grievances under
this Agreemf'llt shall be processed separately and individually. Accordingly, only
one ('I) 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.
23
ARTICLE 14
Seniority
Section 1. Seniority shall consist of continuous accumulated paid service
with the City. Seniority shall be computed from the date 0; 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 neecsary 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
24
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-Manaoement 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, which either party would like to discuss. This shall not
constitute renegotiations of the Agreement, but shall serve as a forum for exchange
of suggestions and recommendations. The Labor-Management Committee mav
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,
educationai 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 witll 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) Time spent on private duty details shall not be included.
(b) 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. The City
agrees to implement, on a trial basis, a 4/10 work schedule for Patrol shifts (A, B
and C) only, not including the Mall detail. The continuation of the 4/10 schedule will
be evaluated prior to each bid, based on the following criteria: Overtime costs,
27
Compensatory Time earned and usage, Sick Leave use, Training issues and
Cooperation between shifts during overlap periods. The continuation of the 4/10
schedule will be announced each bid. Once a shift bid is completed, the City agrees
to continue the program for the remaining period of that bid. Patrol shifts will not
adopt back to back shifts. No employee grievance shall be filed if the 4/10 work
schedule is discontinued
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 APD Procedural Directive #26, in effect.
The maximum accumulation of compensatory time is 130 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 payout. Upon
resignation or termination of employment, all compensatory time remaining to an
employee's credit shall be compensated in cash.
Section 7. Assignments to the Aventura Mall shall be the sole discretion of
the Chief of Police and are neither grievable nor arbitrable. The personnel, work
schedule and work week for the Mall assignment will be designated by the Chief
of Police or his designee.
28
ARTICLE 17
Off-Duty Police Work
Section 1. Beginning March 1, 2003, off-duty police work as authorized by
the Police Chief shall be compensated at the rate of not less than twenty five
dollars ($25.00) per hour for all bargaining unit members. There shall be an
administrative fee of no less than four dollars per hour charged by the City.
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 and 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 thirty dollars ($30.00) per hour.
There shall be an administrative fee of not less than five dollars ($5.00) 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.
29
ARTICLE 18
Eauipment 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 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. 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
$75.00 and replace prescription eye glasses or contacts damaged while in the line
of duty up to $125 and non-prescriptive eye glasses up to $25.00. The City shall
replace handcuffs at the City's expense, when not lost or damaged due to the
employee's carelessness. 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. The parties further recognize that the payments made for
uniform maintenance allowance are intended to reimburse employees covered by
this agreement for the cost of maintaining personal property such as weapons,
clothing, etc. and that no claim should be made for reimbursement for damage that
occurs to such items.
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 equipment necessary to perform the function of the job in lieu of
the use of personal property as contemplated above.
30
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 allowance for normal wear and tear.
Section 5. After six (6) months of service the City will pay employees
uniform maintenance in the amount of $500 ($250 on October 1st and $250 on
April 1st). Employees assigned to the Detective Division shall receive uniform
maintenance in the amount of $650 ($325 on October 1 st and $325 on April 1 st).
31
~----",-",-,_., - ---~-...- -_._~.~_.__.---
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 Statue
Chapter 119 and any existing or future Attomey General's opinion regarding the
release of personnel records. Except as otherwise required by Florida State Statue
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 fumished by the City
with the home address, telephone number, or photograph of any employee without
his/her express written consent.
Section 2. Upon 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 which 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.
32
ARTICLE 20
Bereavement Leave
Section I. In the case of 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.
33
ARTICLE 21
Holidav Leave
Section I. 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
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 payor half a day's pay,
depending on the holiday outlined above, provided the employee exceeds the
normal work week.
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 or excused absences
34
ARTICLE 22
Personal Leave
Section I. All employees hired before April 1 st of any calendar year shall be
granted twenty four (24) hours, of Personal Leave for that calendar year. New
employees hired on or after April 1 st of any calendar year shall be granted sixteen
(16) hours Personal Leave for that calendar year. New employees hired on or after
July 1 st of any calendar year shall be granted eight (8) hours 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 lor Department director.
35
--..-....,..---....-..-
-.,....-....__....~....
ARTICLE 23
TraininQ
Section 1.
The City agrees to provide the necessary in-service training
to keep each officer in compliance with minimum State standards.
Section 2. Annually, whenever possible, each officer will be provided an
additional forty hours of in-service training.
36
ARTICLE 24
Transfers. Shift Chanaes 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 shall be permitted with the approval of Shift Supervisors
provided such swaps do not interfere with the orderly operation of the Police
Department.
37
-- -.-..--r--------.-"--.,......~-.--.-.----. -- --_._...._._."....__..._~._._._-
ARTICLE 25
Group Insurance
Section 1.
The city agrees to pay one hundred percent (100%) of the
individual employee health coverage premium. For employees hired before October
1, 2005, the City agrees to pay seventy percent (70%) or maintain the current
percentage split as of October 1, 2005 of the dependent coverage premiums.
Employees hired after April 1 ,2006 the City agrees to pay fifty percent (50%) of the
dependent coverage premiums.
Section 2. Bargaining unit personnel who are totally 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.
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. Benefits provided for short term disability shall be similar to
the long term disability provisions of the Village of Pinecrest policy which is
provided by the Principal Financial Group (Be N-04797 Updated 08/2001).
38
ARTICLE 26
Promotion Procedures
Section 1 .
Police officers with four (4) years law enforcement experience
of which one (1) year will be 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 the Police
Department Procedural Directive # 19, dated April 1, 1999 and as revised October
1. 2005. 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 one
(1) year.
Section 3. A candidate for promotion shall have the right to review the
scored elements of the Assessment process.
Section 4. The provisions of Police Department Directive #19 shall
remain in effect during the term of this Agreement.
39
ARTICLE 27
Probationarv EmDlovees
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 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.
40
ARTICLE 28
Sick Leave
Section 1. For those employees hired prior to January 15, 1998, 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%
Less than 3 years 10%
3 through 5 years 25%
5 through 7 years 50%
Over 7 years 100%
Accumulated sick leave percentage will be paid based on the closest year.
Section 2 The accumulation for payout purposes shall be no more than 650 hours
for employees covered by this agreement.
41
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. The City agrees to continue to fund pension cost increases that
are attributed to 185 monies being lower than anticipated in the original actuarial
study (5% of pensionable compensation).
Section 3. The City and the employees split the .95% increase (50/50) in
pension contributions that resulted from the actuarial study conducted in 2004/05.
42
ARTICLE 30
Take Home Police Vehicle Policy
Section 1. The City agrees to administratively implement a "take home" police
vehicle policy. Sworn police officers employed by the City for a minimum of two
(2) calendar years covered by this agreement 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. Guidelines regarding the "take home" police vehicle policy will be
issued by the City Manager and reviewed with a representative of the PBA thirty
(30) days before implementation. Implementation of this policy is anticipated to
begin in 30 days from the date of approval of this agreement, with full
implementation by October 1, 2003 or sooner.
43
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.
44
ARTICLE 32
DruQ and Alcohol TestinQ
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, 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
45
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 mayor 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
46
designee shall be a sworn certified law enforcement officer above the rank of
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.
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 may include urine, blood, and hair
follicle samples.
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 in existence.
5.3AII 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
Amphetamines
Barbiturates
Benzodiazepines
Cocaine
Screening Test
1000 ng/mL
300 ng/mL
300 ng/mL
300 ng/mL
Confirmation
500 ng/mL
150 ng/mL
150 ng/mL
150 ng/mL
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Cannabinoids (Marijuana) 50 ng/mL
Methadone 300 ng/mL
Methaqualone 300 ng/mL
Opiates (Heroin, Morphine, Codeine)2000 ng/mL
Phencyclicline (PCP) 25 ng/mL
Propoxyphene 300 ng/mL
Alcohol (Ethanol) 0.02 g/dl
15 ng/mL
150 ng/mL
150 ng/mL
2000 ng/mL
25 ng/mL
150 ng/mL
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. The current MRO for the City is
, telephone number
Confirmed
located at
positive results will only be communicated to the City's designated human
resources professional after the MRO has 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.
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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
and Roxanol (morphine sulfate), Percodan, Vicodin,
Tussi-organidin, etc.
Barbiturates:
Phenobarbital, Tuinal, Amy tal, 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,
Haldon, Paxipam, Restoril, Centrax, etc.
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Methadone:
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.
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.
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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 if 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
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
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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
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
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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.
United Healthcare - Care 24
1-888-887 -4114
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ARTICLE 33
ReopeninQ of NeQotiations
Section 1. If during the life of this Agreement a pension plan actuarial evaluation
is completed which would include the requirement for an increase in the City and
employees contribution, the parties agree to reopen the Pension Article within
thirty (30) days for the sole purpose of only discussing Article 29 Pensions
"employee and city contributions". In no event shall the employees contribution
increase by more than 1 % in each year of the contract. All other provisions of this
Agreement shall remain in full force and effect during any reopening.
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ARTICLE 34
Term of Aareement
Section 1. This Agreement shall be effective upon ratification by the PBA
and the City. and shall continue through September 30, 2008.
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 term 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 Agreement is made and entered into and executed this
day of , 2006.
CITY OF AVENTURA
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
Eric M. Soroka, City Manager
John Rivera, President
Representative
ATTEST:
Representative
Teresa M. Soroka, City Clerk
Representative
City Labor Attorney
PBA Attorney
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