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99-043 RESOLUTION NO. 99-43 A RESOLUTION OF THE CITY COMMSSlON OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN COLLECTIVELY BARGAINED 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, 1998 immediately upon the Resolution No. 99-A~3 Page 2 execution of the Agreement by the City Manager and the Dade County Police Benevolent Association representatives. The foregoing Resolution was offered by Co,.mlssio,e~: Beski. who moved its adoption. The motion was seconded by Co.~ssioner Perlo~ and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen ~,es Commissioner Harry Holzberg yes Commissioner Jeffrey M. Perlow yes Commissioner Patricia Rogers-Liber[ ~,es Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 3rd day of August, 1999. ~['RTRGR I. SN~FDER,/MAYOR ATTEST: · ERESA M. SOROKA, CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms AGREEMENT BETWEEN THE CITY OF AVENTURA, FLORIDA AND DADE COUNTY POLICE BENEVOLENT ASSOCIATION October 1, 1998 to September 30, 1999 Table Of Contents Pa.qe Number ARTICLE 1 Preamble 1 ARTICLE 2 Recognition 2 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 1 1 ARTICLE 9 Legal Representation 13 ARTICLE 10 Salaries and Merit Bonus 14 ARTICLE 11 Severability Clause 16 ARTICLE 12 Rules, Directives and Personnel Policies 17 ARTICLE 13 Grievance Procedure 18 ARTICLE 14 Term of Agreement 23 ARTICLE 1 Preamble This Agreement is entered into this day of ,1999 by and between the City of Aventura, a Florida Municipal Corporation, hereinafter referred to as "THE CITY" or "CITY" or "EMPLOYER" 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 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: 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. 2 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. 3 ARTICLE 4 Dues Deductions Section 1. PBA members may authorize payroll deductions for 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 alt 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 4 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. 5 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 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. 6 (i) To determine the location, methods, means and personnel by which operations are to be conducted. (j) 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. (I) 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 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. 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. 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 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. 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 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. 9 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. l0 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 Article and the law by remaining at work during any interruption which may be 11 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, ,~ad 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. 12 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 and Merit Bonus Section 1. All employees covered by this Agreement, hired before July 1, 1998, shall receive a 3.0% cost of living adjustment of their base salary as of September 30, 1998, retroactive to October 1, 1998. Section 2. For the period prior to September 30, 1999, all employees covered by this Agreement shall be eligible for a merit bonus on the employee's anniversary date in accordance with APDP - Employee Appraisals Chapter 4.17. The anniversary date shall be defined as the employee's entrance date into his/her present position. Section 3. Detectives An employee assigned as a Detective by the Police chief shall receive a pay incentive of $30.00 per week. Employees serving in a Detective capacity serve in said capacity at the pleasure of the Police Chief. No employee concern proceeding may be filed by an affected employee when said employee's Detective capacity is terminated. Section 4. Field Training Officer An employee assigned as a Field Training Officer by the Police Chief shall receive a pay incentive of $20.00 per week. Employees serving in a Field Training Officer capacity serve in said capacity at the pleasure of the Police Chief. No employee concern proceeding may be filed by an affected employee when said employee's Field Training Officer capacity is terminated. Section 5. Corporal An employee assigned as a Corporal by the Police Chief shall receive a pay incentive of 5% of their current salary while serving in the Corporal capacity. Employees serving in a Corporal capacity serve in said capacity at the pleasure of the Police Chief. No employee concern proceeding 14 (grievance) may be filed by an affected employee when said employee's Corporal capacity is terminated. Section 5. Service Experience Incentive An employee is eligible for the following service experience incentives: Experience as a Police Officer Incentive Less than 2 years experience $0 2 - 5 years of total experience $1,000 5 - 7.5 years of total experience $1,000 7.5 - 10 years of total experience $1,000 More then 10 years of total experience $1,000 Section 6. Startin.q Salaries Both parties agree that the City shall determine the starting or minimum salary for each position in the bargaining unit. 15 ARTICLE 11 Severability Clause And Prohibition Against Reopening Of Ne.qotiations 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. 16 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 Directives 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 Police Procedures shall be copied to the PBA. 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 supercede to the effect that the in consistent 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. 17 ARTICLE 13 Grievance Procedure Section 1. tn 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. Grievances relating to alleged violations of the specific terms of this Agreement 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. It is the responsibility of the supervisor to attempt to arrange a mutually satisfactory settlement of the grievance within seven (7) calender 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 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 I 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 18 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 pedod of time as is mutually agreed upon in writing), render his/her decision on the grievance in writing to the aggrieved employee and PB^. 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 may 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 19 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 pedods 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 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 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, discipline or discharge shall not be subject to arbitration and the City Manager's decision shall be final and binding. 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 2O 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. 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 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. 21 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. 22 ARTICLE 14 Term of A.qreement Section 1. This Agreement shall be effective upon ratification by the PBA and the City, and shall continue through September 30, 1999. Section 3. 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 4. 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. Thi~ Agreement is made and entered into and executed this - day of ,L~,~ i ,1999. CITY OF A~RA ~ DADE COU~'-OLENT ASSOCIATION Eric~. Soroka, City~,~ger ATTEST: Michael Bentolila, Representative ~ Don D. Slesnick II, PBA Attorney 23