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2003-014RESOLUTION NO. 2003-14 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 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: Section1. 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, 2002 immediately upon the execution of the Agreement by the City Manager and the Dade County Police Benevolent Association representatives. Resolution No. 2003-_L4 Page 2 The foregoing Resolution was offered by Commissioner Holzber{{ , who moved its adoption. The motion was seconded by Commissioner Eogers-LJ.ber,l: and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger 7es Commissioner Jay R. Beskin yes Commissioner Ken Cohen Commissioner Manny Grossman yes Commissioner Patricia Rogers-Libert yes Vice Mayor Harry Holzberg yes Mayor Jeffrey M. Pedow PASSED AND ADOPTED this 4th day of February, 2003. '~E~'FREY ~. PERLOW, MAYOR TI:~ ~ M. S~rl~Ol~ CI ;LERK~....... APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS~ms AGREEMENT BETWEEN THE CITY OF AVENTURA, FLORIDA AND DADE COUNTY POLICE BENEVOLENT ASSOCIATION October 1, 2002 to September 30, 2005 Table Of Contents ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE ? ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 Preamble Recognition Non-Discrimination Due Deductions Management Rights PBA Business PBA Representation No Strike Legal Representation Salaries Severability Clause Rules, Directives and Personnel Policies Grievance Procedure Seniority Labor - Management Committee Workweek and Overtime Off-Duty Police Work Equipment and Maintenance Personnel Records Bereavement Leave Holiday Leave pa,qe Number 1 2 3 4 6 8 9 11 13 14 18 19 2O 25 27 28 30. 31 33 34 35 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ' ARTICLE 29 ARTICLE 30 ARTICLE 31 ARTICLE 32 Personal Leave Training Transfers, Shift change and Substitutions Group Insurance Promotion Procedures Probationary Employees Sick Leave Pension Vesting Take Home Police Vehicle Policy Reopening of Negotiations Term of Agreement 36 37 38 39 4O 41 42 43 44 45 46 ARTICLE 1 Preamble This Agreement is entered into this day of ,2003 by and between the City of Aventura, a Florida Municipal Corporation, hereinafter referred to as 'q'HE CITY" or "CITY" or "EMPLOYER" and the Dade County Police Benevolent Association hereinafter referred to as "PBA." or "Association". WHEREAS, this Agreement reduces to wdting 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: 1 ARTICLE 2 Recoqnition 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: Excluded: Sworn police personnel of the ranks of Police Sergeant. All other Department employees. Police Officer and 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 the purpose of paying PBA dues. Any member of the PBA who has submitted a propedy 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. [4o atJthorization shall be allowed for payment of initiation fees, assessments, or fines. Payroll deductions shall be revocable at any time upon request by the employee to the CITY and PBA in writing. The payroll deduction cancellation shall be effective thirty (30) days after receipt of notice revocation. Section 2. Dues deducted shall be transmitted to the PBA on a monthly basis, accompanied by a list of those employee's names whose dues are included. Section 3. It shall be the responsibility of the PBA to notify the City Manager or his designee, in writing of any change in the amount of dues to be deducted at least thirty (30) days in advance of said change. Section 4. The PBA shall indemnify, defend and hold the City harmless against any and all claims, suits, orders, and judgments brought and issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. Section 5. The employee's earnings mu;t 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 Riqhts Section 1. The PBA recognizes the right of the City to operate, manage and direct all affairs of all departments within the City, except as otherwise expressly provided elsewhere in this Agreement, including the right: (a) To exercise complete and unhampered control to manage, direct, and totally supervise all employees of the City. :(b) To hire, promote, transfer, schedule, train, assign and retain employees in positions with the City and to establish procedures therefor. (c) To suspend, demote, discharge, lay off, or take other disciplinary action for just cause against employees in accordance ~vith this collective bargaining Agreement, the City's Personnel Po{icies 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 ail 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 gi'ades 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 functioa of the City, not specifica!ly released or modified by the City in this Agreement, Chall remain with the City. 7 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 literatu_re 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) (e) (f) Notices of PBA recreational and social affairs. Notices of Collective Bargaining Agreement ratification meetings. 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 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 dudng 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. 10 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 expirati°n 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 pos!tion with the PBA occupies a position of special trust and responsibility in maintaining and bdng 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 oth'er 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 Ar[icle or the law by other employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4. Any or all employees who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City. Section 5. The City agrees to adhere to the provisions of Chapter 447, Flodda Statutes, regarding the prohibition on lockouts. 12 ARTICLE 9 '~ Leqal 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 al{eged to have occurred while the employee was on duty or acting within the scope of his/her employment, the City will investigate the circum_stances to determine whether the employee acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Section 2. If the City determines that the employee did not act in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property, the City shall undertake the defense of the employee as required by law. Said defense shall cease upon judicial finding, or finding by the City, that the employee acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 13 ARTICLE 10 Salaries Section 1. All employees covered by this Agreement shall receive the following cost of living adjustments to their base salary: (a) For the first year of this Agreement, (October 1, 2002 to September 30, 2003) Each Police Officer bargaining unit employee, hired before October 1, 2002, shall either receive a 3.5% increase of their salary as of September 30, 2002 or receive the new minimum starting salary whichever is higher, retroactive to Oc[ober 1, 2002. In addition to the above, those Police Officers earning more than $34,000 on September 30, 2002 shall be entitled to an additional $1,000 salary increase after the 3.5% increase has been applied. Each Sergeant bargaining unit employee, hired before October 1, 2002, shall either receive a 3.5% increase of their salary as of September 30, 2002 or receive the new minimum starting salary whichever is higher, retroactive to October 1, 2002.. In addition to the above, those Sergeants earning more than $47,000 on September 30, 2002 shall be entitled to an additional $1,000 salary increase after the 3.5% increase has been applied. In addition, to the above, during the 2002/03 fiscal year employees who were not placed at the new minimum starting salary shall automatic receive a 3.5% bonus on their anniversary date The anniversary date shall be defined as the employee's entrance date into his/her present position. For future calculations of salary the merit amount shall be applied to an employee's base pay as of September 30, 2003. (b) For the second year of this Agreement (October 1, 2003 to September 30, 2004) bargaining unit employees, hired before October 1, 2003, shall receive a 3.5% increase of their salary as of September 30, 2003, on October 1, 2003. 14 (c) For the third year of this Agreement (October 1, 2004 to September 30, 2005) bargaining unit employees, hired before October 1, 2004 shall receive a 3.5% increase of their salary as of September 30, 2004, on October 1, 2004. Section 2. Merit Salary Increases/Evaluations (a) Beginning October 1, 2003, all employees covered by this Agreement, shall be eligible for a merit salary increase, except as provided in Section (d) herein, on the employee's anniversary date in accordance with APDP - Emp_loyee Appraisals Chapter 4.17. The anniversary date shall be defined as the-employee's entrance date into his/her present position. ' ' (b) PBA and the City agree to recognize that merit increases are not automatic. The amount of medt salary increase shall be based on the quality point average the employee receives on his/her evaluation form (c) The merit salary increase will be added to the employee's existing base salary at the time of the employee's anniversary date. (d) Employees covered by this Agreement, who reach the maximum salary, as stated in the attached salary range plan, shall not be eligible for merit increases. (e) An evaluation received by a permanent employee may be appealed to the Police Chief. All appeals requested must be in writing within five (5) days following notification of the employee's evaluation rating by his/her supervisor. If the employee is not satisfied with the Police Chief's answer, he/she may than appeal the decision to the City Manager in writing ~ithin five (5) days of the Police Chief's answer. The City Manager's findings shall be final. Section 3. Service Experience Incentive is effective for fiscal year 2002/03 only. An employee is eligible for the following service experience incentives: 15 Experience as a Police Officer Incentive Less than 2 years experience $0 2 - 5 years of total experience $1,500 5 -7.5 years of total experience $1,500 7.5 - 10 years of total experience $1,500 More then 10 years of total experience $1,500 Section 3. Promotions _(a) In the event of a promotion, an employee will be placed in the minimum pay rate classification of his/her promoted position or receive a 5.0% increase, in his/her present salary whichever affords the employee a higher increase. Section 4. Salary Ran,qes (a) All employees covered by this Agreement, hired after October 1, 2002, shall receive the minimum salary range, as outlined in the Salary Schedule outlined herein for their appropriate position classification upon his/her original appointment. (b) The salary ranges for fiscal year 2002/03 shall be as follows: SALARY RANGES Position Minimum. Maximum Police Officer $37,000 $55,000 Police Sergeant $51,200 $69,200 (c) Those employees hired by the 'City that have prior police experience may be employed at a rate not to exceed the salary of any existing employees with same level of experience. Section 5. Detectives An employee assigned as a Detective by the Police chief shall receive a 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 16 grievance proceeding may be filed by an affected employee when said employee's Detective capacity is terminated. Section 6. Field Traininq Officer An employee assigned as a Field Training Officer by the Police Chief shall receive a pay incentive of $25.00 per week. Employees serving in a Field Training Officer capacity serve in said capacity at the pleasure of the Police Chief. No employee grievance may be filed by an affected employee when said employee's Field Training Officer capacity is terminated. Section 7. 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 grievance may be filed by an affected employee when said employee's Corporal capacity is terminated. Section 8. Ko9 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 eml~loyee 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. 17 ARTICLE 11 Severability Clause And Prohibition Aqainst ReopenincI Of Ne,qotiation,~ 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 remaih 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 dudng 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 dght 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. 18 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 PgA. 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. 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. 19 ARTICLE 13 Grievance Procedure Section 1. In a mutual effort to provide harmonious working relations between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the paroles 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 verbatly to his immediate supervisor within seven days of the event giving rise to the grievance. It is the responsibility of the supervisor to attempt to arrange a mutually satisfactery 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 1 answer, reduce the grievance to writing ¢~nd 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 2O grievance; and (d) the relief requested. The Shift Sergeant may informally meet with the grievant to address the grievance. A PBA representative may be present at the meeting upon the grievant's request. The Shift Sergeant shall reach a decision and communicate in writing to the aggrieved employee and PBA within ten (10) calendar days of receipt of the grievance. Step 3 If the grievance is not resolved at Step 2, or if no written disposition is made within_the Step 2 time limits, he/she shall have the right to appeal the Step 2 decision to the Chief of Police or his/or her designee within seven (7) calendar days of the due date of the Step 2 response. Such appeal must be accompanied by a copy of the original written grievance, together with a signed request from the employee requesting that the Step 2 decision be reversed or modified. The Chief of Police or his/her designee may conduct a meeting with the grievant and his/her PBA representative, if needed. The Chief of Police or his/or her designee shall, within ten (10) calendar days after the presentation of the grievance (or such longer pedod 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 dght to appeal the Step 3 decision to the City Manager or his ow 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 21 period of time as is mutually agreed upon in writing), render his/her decision in wdting 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 his/her designee at Step 3 of the grievance procedure, within the time limit provided for the submission of the grievance in Step 1, and signed by the aggrieved employees or the PBA representative on their behalf. Section 6 In the event a grievance relating to the interpretation of this Agreement or relating to a 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 u~hit member may not proceed to arbitration without the consent of the PBA. Ma~ers 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. 22 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 sta{ement 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 n~t 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 23 hearing room, shall be supplied and designated by the City. Any person desiring a transcript of the hearing shall bear the cost of such transcript, unless both parties mutually agree to share such cost. Section 12. Unless otherwise agreed to by both parties, grievances under this Agreement shall be processed separately and individually. Accordingly, only one (1) grievance shall be submitted to an Arbitrator for decision in any given case. Settlement of grievances prior to the issuance of an arbitration award shall not co_nstitute a precedent or an admission that the Agreement has been violated. 24 ARTICLE 14 Seniority Section 1. Seniority shall consist of continuous accumulated paid service with the City. Seniority shall be computed from the date of appointment within a particular job classification or rank. Seniority shall accumulate during absence because of illness, injury, vacation, military leave, or other authorized leave. Section 2. Seniority shall govem the following matters: (a) V-acations 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 offwho 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 25 as Police Officer or Sergeant, not job assignment such as Detective or whatever other assignments may come up from time to time. 26 ARTICLE '15 Labor-Manaqement 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 shall 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 ~uggestions and recommendations. The Labor-Management Committee will meet at mutually agreeable times, but not more than once a month. 27 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 compe_nsated under existing City policy or the provisions of this collective bargaining agreement, (e.g. sick days, vacation time, holidays, compensation time, educational leave). Section 2. Hours worked in excess of the regular forty (40) hour work week shall be compensated at the rate of time and one-half of the employee's regular straight time, or the equivalent in compensatory time so long as said compensatory time is taken in accordance with the Federal Fair Labor Standards Act in effect during the length of this Agreement. Overtime will not be calculated for any period under thirty (30) minutes on a daily or weekly basis. Section 3. In the computation of work hours constituting the base for~y (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, 28 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 c~ange 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 pay out. Upon resignation or termination of employment, all compensatory time remaining to an employee's credit shall be compensated in cash. 29 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 offi'cer's rate in Section 1, above. 3O ARTICLE 18 Equipment and Maintenance, Section 1. Upon hiring by the City of Aventura, all new employees shall receive from the City, an initial issue as determined by the Police Chief in . accordance with departmental standards. The City will replace uniforms when they become unserviceable in accordance with departmental standards. Section 2. Any uniform including handcuffs and eyeglasses of an employee which is dam.aged 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. 31 Section 4. Ail 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 $450 ($225 on October 1st and $225 on April 1st). Employees assigned to the Detective Division shall receive uniform maintenance in the amount of $600 ($300 on October 1st and $300 on April 1st). 32 ARTICLE 19 Personnel Records Section'1. All personnel records of the employees shall be kept confidential and shall not be released to any person without having received a public records request or as required by law. The City will be bound by Florida State Statue Chapter 119 and any existing or future Attorney General's opinion regarding the retease of personnel records. Except as otherwise required by Florida State Statue Chap~r 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 derogator7 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. 33 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-inqaw, grandchild, grandmother, or grandfather), full-time employees who have been in the employ of the City for three (3) months or more will re_ceive up to four (4) days' paid leave for in-state (Florida) funerals and up to five (5) days paid leave for out-of-state funerals without charge to vacation leave credits. Any absence in excess of this amount will be charged to vacation leave or leave of absence may be arranged if an extended period is required, with the authorization of the City Manager. 34 ARTICLE 21 Holiday Leave Section 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. VVhere it is necessary to maintain regular services requiring an employee to work on an official holiday, in addition to regular pay for time worked on a holiday, such employee shall receive an extra day's pay or half a day's pay, depending on the 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 (au~orized 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 35 ARTICLE 22 Personal Leave Section I. All employees hired before April 1st 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 1st of any calendar year shall be granted sixteen (16) hours Persona! Leave for that calendar year. New employees hired on or after July tst 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/or Department director. 36 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. 37 ARTICLE 24 Transfers, Shift Chan.qes 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, shalI 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 Shill Supervisors provided such swaps do not interfere with the orderly operation of the Police Department. 38 ARTICLE 25 Group Insurance Section 1, The city agrees tp pay one hundred percent (100%) of the individual employee health coverage premium. The City agrees to pay seventy percent (70%) 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. Within sixty (60) days of the ratification of this Agreement, 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 shot[ 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 (BC N-04797 Updated 08/2001 ). 39 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. 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. Section4. The provisions of Police Department Directive #19 shall remain in effect during the term of this Agreement. 4O ARTICLE 27 Probationary Employees Section 1. All appointments to positions made from outside service shall be subject to a one (1) year probationary period from the date of said appointment. All appointments to the position of Sergeant made by promotion within the service shall be subject to a one (1) year probationary period from the date of said promotion. 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. 41 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. 42 ARTICLE 29 Pension Vestin,q Section 1.. The vesting schedule for purposes of the City's ICMARC Retirement Program for members of the bargaining unit shall be as follows: Years of Service Vestin,q % 0 to 1 years 0 -- 1 to 2 years 20 2 to 3 years 40 3 to 4 years 60 4 to 5 years 80 More than 5 years 100 Section 2. The City's contribution on behalf of the employee into the City's ICMARC Retirement Program for members of the bargaining unit shall be 13.5%. 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. 44 ARTICLE 3'1 ' Reopenin¢l of Neclotiations Section 1. Reopener. Between April 1 and April 15, 2003, either party may notify the other party, in writing, of its desire to reopen Article 10 Salaries and Article 29 Pensions of this Agreement, provided that such reopener and any resulting negotiations shall be for the sole purpose of discussing Article 10 Salaries and ArticJe 29 Pensions only. Upon such notice being given, the duly authorized representatives of the parties will meet by May 1, 2003, or such later date as the parties may mutually agree upon, to commence such negotiations. All other provisions of this Agreement shall remain in full force and effect during any reopening. 45 ARTICLE 32 Term of Aqreement Section 1. This Agre_ement shall be effective upon ratification by the PBA and the City, and shall continue through September 30, 2005. Section 3. In the event a new collective bargaining Agreement is not reach.ed 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. This Agreement is made and entered into and executed this day of ,2003. CITY OF AVENTURA DADE COUNTY POLICE BENEVOLENT ASSOCIATION Eric M. Soroka, City Manager ATTEST: Teresa M. Soroka, City Clerk John Riviera, President Representative Representative PBA General Counsel PBA Attorney 46 CHAPTER: SUBJECT: CITY OF AVENTURA 5 ADMINISTRATIVE POLICY DIRECTIVES Chapter # AND PROCEDURES MANUAL CiTY FACILITIES AND EQUIPMENT APPROVED: Date Issued: City Manaoer POLICE DEPARTMENT CITY-ASSIGNED TAKE HOME VEHICLES PURPOSE To establish guidelines for the use of City-assigned take home vehicles for sworn officers of the Aventura Police Department. POLICY & PROCEDURE 1. General The assigned vehicle program is provided as a privilege, not a right. Personnel acknowledge that vehicles and equipment are the property of the City of Aventura, which retains sole right to absolute control of all vehicles. 2. Cateqory I The following employment classifications shall be.assigned a Category I City-assigned take home vehicle to be used to and from work: Criminal Investigations/Detective Division, Traffic Division, motorcycle units, all police officers and sergeants who reside in the City of Aventura, K-9 Officers, Street Crimes unit, SWAT members and task force. 3. CateRory II All sworn police officers not included in Category I and who reside in Broward or Miami- Dade County shall be eligible for a take home vehicl'e to be used to and from work provided they have been employed by the Department as an officer for a minimum of two (2) calendar years. Decisions regarding the assignment of vehicles are not subject to any grievance procedure. 4. Prohibitions Personnel shall not: · Add accessories or equipment without prior written approval of the Chief of Police or his designee. · Affix any unauthorized sticker, sign, tag, apparatus or appendage to the vehicle. · Use or introduce any fuel, oil, lubricant or additive other than those authorized by the Fleet Manager. Eligibility status for the following circumstances may be terminated by the Police Chief and City Manager and the officer shall bring their assigned vehicle to the Government Center: · Officers on light duty status. · Officers under suspension. · _ Officers on extended leave. · Officers who have had two or more preventable accidents during the immediate preceding twelve (12) month period. · Officers committing any other action deemed inappropriate by the Chief of Police. 5. Suspension of Proqram In the event the Police Department is under an emergency or in the event that, for whatever reason, there are not an adequate number of vehicles, part of or all of the Take Home Program may be suspended at the discretion of the City Manager. 6. Mileaqe Charqes Officers in Category II shall reimburse the City per each bi-weekly paycheck, based on the attached Map "A", as follows: a. Officer living within twelve (12) miles of the intersection of Lehman Causeway and Biscayne Boulevard. No Cost. b. 12.1 - 17 miles $24 c. 17.1 - 22 miles $36 d. 22.1 - 27 miles $48 e. 27.1 - 32 miles $60 · f. 32.1 and above $72 Officers in Category II who choose to have rout]n;~ maintenance* performed on their take home vehicle by a garage, on their own time, shall be fully reimbursed by the City for the cost of said maintenance; and the employee shall reimburse the City per each bi-weekly paycheck based on the attached Map "A", as follows: a. 0 - 12 miles No Cost b. 12.1 - 17 miles $20 c. 17.1 - 22 miles $30 d. 22.1 - 27 miles $40 27.1 - 32 miles $50 32.1 and above $60 *Routine maintenance is: 1. Oil change, lubrication and change of filters every 3000 miles. 2. Tire rotation every 6000 miles.