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HomeMy WebLinkAboutItem 05 Approval of Memorandums of Agreement with the Florida Police Benevolent Association City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: June 6, 2023 Item #: 5 Contact Name: Saima Plasencia Department Director: Saima Plasencia Contact Number: Ext. 3022 City Manager: Robert Frank Subject: Approval of Memorandums of Agreement with the Florida Police Benevolent Association. (Police Chief Plasencia) Background Summary: In consultation with the Human Resources Department, the Police Department is requesting approval of two Memorandums of Agreement with the Florida Police Benevolent Association (PBA). The MOAs are a mutual agreement to extend the Take-Home Vehicle program radius by 15 miles. Entering these MOAs allows the Police Department to be more competitive as it relates to the hiring and retention of certified law enforcement officers, as many of our surrounding law enforcement agencies afford a greater radius in their Take-Home Vehicle Program than our current Collective Bargaining Agreements with the Florida PBA. Expanding the Take-Home Vehicle Program radius also allows several current employees to join the program. This action requires ratification of the MOA by the respective bargaining units. It is anticipated that ratification confirmation will be received by staff prior to the Commission meeting on June 6, 2023. Issue: Should the Honorable Mayor and City Commissioners approve the MOAs with the Florida PBA to increase the take-home vehicle radius? Recommendations: Staff respectfully recommends the Honorable Mayor and City Commissioners enter into the MOAs with the Florida PBA to increase the take-home vehicle radius. Approving these MOAs will enhance the Police Department’s recruiting efforts as it brings the Department closer to the mileage allowed by other law enforcement agencies in the region. Attachments: 1. MOA _Florida PBA Officers 2. MOA _Florida PBA Sergeant Financial Impacts: The financial impact is minimal as personnel will still be required to pay $50 dollars per pay period for the added mileage. This will impact a few current employees, who would be allowed to enter the Take-Home Vehicle Program with the requisite payment based on mileage. Additional costs to the City are expected to be minimal. Page 55 of 373 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Type of Item: Consent Page 56 of 373 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF OCOEE AND THE FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. Officer’s & Corporal’s Contract THIS MEMORANDUM OF AGREEMENT is made and entered into by and between the Florida Police Benevolent Association, Inc., hereinafter called the “Association” and the City of Ocoee, hereinafter called “City” and shall become effective upon ratification by both parties. WHEREAS, there are no opportunities in the current City of Ocoee Officer’s & Corporal’s Collective Bargaining Agreement effective October 1, 2022, and terminating September 30, 2025; to reopen Article 20, Safety, Health and Physical Fitness, until June of 2025 and; WHEREAS, the City wishes to amend the Take Home Vehicle provisions, and those changes were not negotiated in the Collective Bargaining Agreement which became effective on October 1, 2022, and; NOW, THEREFORE, the parties agree as follows: Effective upon the date approved by both parties, the parties agree to increase the radius for take home vehicles as outlined in Amended Article 20, attached. RECOMMENDED FOR THE CITY _____________________________________________________ Robert Frank, City Manager Date ____________________________________________________ Rusty Johnson, Mayor Date APPROVED FOR THE FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. _____________________________________________________ George J. Corwine Date Florida Police Benevolent Association Page 57 of 373 AMENDED ARTICLE 20: SAFETY, HEALTH & PHYSICAL FITNESS Section 20.1: Cooperation The City and the Union will cooperate in the continuing objective of eliminating accidents and health hazards as well as maintaining the safety of the members covered by this Agreement. Section 20.2: Unsafe Equipment Whenever a member covered by this Agreement feels that a vehicle or other equipment is unsafe and, therefore, unfit for service because it is a hazard to himself or to the public, or both, he shall immediately inform his Supervisor. If the Supervisor concurs, the unsafe vehicle or other equipment shall not be used until it has been inspected and determined safe. Should the Supervisor not concur, the unit member will abide by the Supervisor’s decision; however, the Supervisor shall document the alleged unsafe condition and Supervisor’s comments in writing and forward it to the Chief of Police via the Chain of Command. Supervisors shall have the authority to deadline his vehicle or equipment, should the supervisor deem the equipment unsafe. Section 20.3: Take-Home Vehicle Policy A. Unit members shall not be required to use their own private vehicles in the performance of their regularly assigned duties. B. The Department shall provide a take-home vehicle for all unit members in the bargaining unit, as fiscally able, who reside within a thirty (30) mile radius from the City of Ocoee (JPA). Take-home vehicles may not be used for personal business use, except for those members who reside within the city limits of Ocoee. During this personal use, no family members (or others) may be transported. C. Unit members residing more than five (5) to ten (10) miles outside the JPA will have $30.00 per pay period automatically deducted from their pay, unit members residing more than ten (10) to fifteen (15) miles outside the JPA will have $40.00 per pay period automatically deducted from their pay, and unit members residing more than fifteen (15) miles outside the JPA will have Page 58 of 373 $50.00 per pay automatically deducted from their pay, except for K-9 handlers, who shall be exempt. These members outside the JPA will be prohibited to transport family members or any other individuals for personal reasons in the take home vehicle. This shall not apply to existing members unless they move. * D. Distance from the JPA shall be measured “as the crow flies” using MapQuest, to the unit member’s sub-division or home address, whichever is lesser. E. Should a vehicle be “dead-lined” for more than two consecutive days, and the unit member not furnished another City vehicle, no monies shall be deducted from the members’ pay for the duration that the member was not furnished a vehicle, on a pro-rated basis. 1. Unit members who no longer drive a City owned vehicle to and from work shall be provided a safe and secure parking facility; secured from the general public, in which to park their personal owned vehicle (POV). 2. Unit members may voluntarily give up their right to a take-home vehicle. Section 20.4: Transport Unit members will not be required to transport persons detained in a vehicle not equipped with a cage, except in an emergency, and then the transporting officer will be assisted by another officer. Section 20.5: Portable Radio No member shall be permitted to work his tour of duty without having in his possession an operable portable radio; provided, however, that in Management’s discretion, a member not having an operable portable radio may be reassigned to other duties where a portable radio is not necessary. Section 20.6: Firearms Training Semi-annual firearms training will be provided by the City, to include shotgun, rifle training with live ammunition. No less than semi-annually, the City shall furnish a box of ammunition, caliber to be consistent with the duty issued sidearm, for use by the bargaining unit member to practice Page 59 of 373 on a firearms course in order to maintain sidearm proficiency. Section 20.7: Physical Exams 1. The City agrees that each member will receive, unless he objects, an annual physical examination by a physician designated and paid for by the City, which includes the following tests: A. Urinalysis; B. Blood Pressure; C. Blood Chemical Profile (SMAC-24 Blood Test); D. Vision Test; E. Height and Weight Recorded; F. EKG at rest or Stress EKG (Upon recommendation of the City physician); G. Chest X-Ray; H. Nicotine Free Tests. Every other year, unless more is determined by a physician, in addition to the above tests, employees will be given Spirometry, T.B., Audiometry and Urinalysis tests. Scheduling of the physical examination will be on duty and at the discretion of the Department and results will be sent to the member by the medical provider. In order to develop a comprehensive disease management program in conjunction with the member health center and the annual physicals the parties agree to the following: 1. All members shall receive a health risk assessment as part of the annual physical; 2. All members will be required to participate with the doctor, nurse and support staff from MyHealth Onsite to address any health-related risks, i.e.: hypertension, blood sugar, cholesterol, obesity, diabetes, etc.; 3. All members will receive assistance from the programs offered through the health center including smoking cessation program (at no cost); 4. No results of any physical testing done on annual bases shall have an adverse effect on a unit member’s position without the unit member having the time and opportunity to rehabilitate himself. Page 60 of 373 Section 20.8: Fitness for Duty Any medical or psychological exam that results in the member being considered as unfit for duty, as attested by a qualified medical provider rendering his opinion of the member’s limitations described in layman terms, shall require the member to use paid time off until a subsequent exam finds the member fit for duty. Members shall undergo fitness for duty medical evaluations, at the City’s direction, by a medical provider selected by the City. The medical provider shall provide, by way of second opinion, to the City, his opinion of the member’s condition and what limitations – in layman’s terms, if any, the member has and if the limitations are permanent. Should the member provide qualified medical information to return to duty before the City (Human Resources Director) believes the member may return, and a final determination is made that the member could have returned sooner, then the City shall return that portion of the paid time off used after the date the documentation was provided. Section 20.9: Drug and Alcohol Policy The City Drug and Alcohol policy contained in the PRR shall apply to bargaining unit employees. Section 20.10: Random Drug Tests The City reserves the right to randomly drug test members. Said drug test shall be conducted following computer based objective selection procedures as is done for the City’s other employees. The costs of such tests shall be borne by the City. Section 20.11: Notice of Health-Related Problems When a member has a health-related problem that affects his ability to perform the essential functions of his job, the member shall so advise the Chief. Members may undergo fitness for duty medical evaluations as directed by the Chief by a doctor selected by the City. The doctor shall Page 61 of 373 provide, by way of second opinion, to the Chief only what limitations – in layman’s terms, if any, the member has and if the member has reached MMI and if the limitations are permanent. Section 20.12: Nicotine Free Requirement All members hired immediately after June 20, 2006, must be free of nicotine use and must remain continually free of any nicotine use as a requirement for continued employment with the City of Ocoee Police Department. Page 62 of 373 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF OCOEE AND THE FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. Sergeant’s Contract THIS MEMORANDUM OF AGREEMENT is made and entered into by and between the Florida Police Benevolent Association, Inc., hereinafter called the “Association” and the City of Ocoee, hereinafter called “City” and shall become effective upon ratification by both parties. WHEREAS, there are no opportunities in the current City of Ocoee Sergeants Collective Bargaining Agreement effective October 1, 2022, and terminating September 30, 2025; to reopen Article 20, Safety, Health and Physical Fitness, until June of 2025 and; WHEREAS, the City wishes to amend the Take Home Vehicle provisions, and those changes were not negotiated in the Collective Bargaining Agreement which became effective on October 1, 2022, and; NOW, THEREFORE, the parties agree as follows: Effective upon the date approved by both parties, the parties agree to increase the radius for take home vehicles as outlined in Amended Article 20, attached. RECOMMENDED FOR THE CITY _____________________________________________________ Robert Frank, City Manager Date ____________________________________________________ Rusty Johnson, Mayor Date APPROVED FOR THE FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. _____________________________________________________ George J. Corwine Date Florida Police Benevolent Association Page 63 of 373 AMENDED ARTICLE 20: SAFETY, HEALTH & PHYSICAL FITNESS Section 20.1: Cooperation The City and the Union will cooperate in the continuing objective of eliminating accidents and health hazards as well as maintaining the safety of the members covered by this Agreement. Section 20.2: Unsafe Equipment Whenever a member covered by this Agreement feels that a vehicle or other equipment is unsafe and, therefore, unfit for service because it is a hazard to himself or to the public, or both, he shall immediately inform his Supervisor. If the Supervisor concurs, the unsafe vehicle or other equipment shall not be used until it has been inspected and determined safe. Should the Supervisor not concur, the unit member will abide by the Supervisor’s decision; however, the Supervisor shall document the alleged unsafe condition and Supervisor’s comments in writing and forward it to the Chief of Police via the Chain of Command. Supervisors shall have the authority to deadline his vehicle or equipment, should the supervisor deem the equipment unsafe. Section 20.3: Take-Home Vehicle Policy A. Unit members shall not be required to use their own private vehicles in the performance of their regularly assigned duties. B. The Department shall provide a take-home vehicle for all unit members in the bargaining unit, as fiscally able, who reside within a thirty (30) mile radius from the City of Ocoee (JPA). Take-home vehicles may not be used for personal business use, except for those members who reside within the city limits of Ocoee. During this personal use, no family members (or others) may be transported. C. Unit members residing more than five (5) to ten (10) miles outside the JPA will have $30.00 per pay period automatically deducted from their pay, unit members residing more than ten (10) to fifteen (15) miles outside the JPA will have $40.00 per pay period automatically deducted from their pay, and unit members residing more than fifteen (15) miles outside the JPA will have Page 64 of 373 $50.00 per pay automatically deducted from their pay, except for K-9 handlers, who shall be exempt. These members outside the JPA will be prohibited to transport family members or any other individuals for personal reasons in the take home vehicle. This shall not apply to existing members unless they move. * D. Distance from the JPA shall be measured “as the crow flies” using MapQuest, to the unit member’s sub-division or home address, whichever is lesser. E. Should a vehicle be “dead-lined” for more than two consecutive days, and the unit member not furnished another City vehicle, no monies shall be deducted from the members’ pay for the duration that the member was not furnished a vehicle, on a pro-rated basis. 1. Unit members who no longer drive a City owned vehicle to and from work shall be provided a safe and secure parking facility; secured from the general public, in which to park their personal owned vehicle (POV). 2. Unit members may voluntarily give up their right to a take-home vehicle. Section 20.4: Transport Unit members will not be required to transport persons detained in a vehicle not equipped with a cage, except in an emergency, and then the transporting officer will be assisted by another officer. Section 20.5: Portable Radio No member shall be permitted to work his tour of duty without having in his possession an operable portable radio; provided, however, that in Management’s discretion, a member not having an operable portable radio may be reassigned to other duties where a portable radio is not necessary. Section 20.6: Firearms Training Semi-annual firearms training will be provided by the City, to include shotgun, rifle training with live ammunition. No less than semi-annually, the City shall furnish a box of ammunition, caliber to be consistent with the duty issued sidearm, for use by the bargaining unit member to practice Page 65 of 373 on a firearms course in order to maintain sidearm proficiency. Section 20.7: Physical Exams 1. The City agrees that each member will receive, unless he objects, an annual physical examination by a physician designated and paid for by the City, which includes the following tests: A. Urinalysis; B. Blood Pressure; C. Blood Chemical Profile (SMAC-24 Blood Test); D. Vision Test; E. Height and Weight Recorded; F. EKG at rest or Stress EKG (Upon recommendation of the City physician); G. Chest X-Ray; H. Nicotine Free Tests. Every other year, unless more is determined by a physician, in addition to the above tests, employees will be given Spirometry, T.B., Audiometry and Urinalysis tests. Scheduling of the physical examination will be on duty and at the discretion of the Department and results will be sent to the member by the medical provider. In order to develop a comprehensive disease management program in conjunction with the member health center and the annual physicals the parties agree to the following: 1. All members shall receive a health risk assessment as part of the annual physical; 2. All members will be required to participate with the doctor, nurse and support staff from MyHealth Onsite to address any health-related risks, i.e.: hypertension, blood sugar, cholesterol, obesity, diabetes, etc.; 3. All members will receive assistance from the programs offered through the health center including smoking cessation program (at no cost); 4. No results of any physical testing done on annual bases shall have an adverse effect on a unit member’s position without the unit member having the time and opportunity to rehabilitate himself. Page 66 of 373 Section 20.8: Fitness for Duty Any medical or psychological exam that results in the member being considered as unfit for duty, as attested by a qualified medical provider rendering his opinion of the member’s limitations described in layman terms, shall require the member to use paid time off until a subsequent exam finds the member fit for duty. Members shall undergo fitness for duty medical evaluations, at the City’s direction, by a medical provider selected by the City. The medical provider shall provide, by way of second opinion, to the City, his opinion of the member’s condition and what limitations – in layman’s terms, if any, the member has and if the limitations are permanent. Should the member provide qualified medical information to return to duty before the City (Human Resources Director) believes the member may return, and a final determination is made that the member could have returned sooner, then the City shall return that portion of the paid time off used after the date the documentation was provided. Section 20.9: Drug and Alcohol Policy The City Drug and Alcohol policy contained in the PRR shall apply to bargaining unit employees. Section 20.10: Random Drug Tests The City reserves the right to randomly drug test members. Said drug test shall be conducted following computer based objective selection procedures as is done for the City’s other employees. The costs of such tests shall be borne by the City. Section 20.11: Notice of Health-Related Problems When a member has a health-related problem that affects his ability to perform the essential functions of his job, the member shall so advise the Chief. Members may undergo fitness for duty medical evaluations as directed by the Chief by a doctor selected by the City. The doctor shall Page 67 of 373 provide, by way of second opinion, to the Chief only what limitations – in layman’s terms, if any, the member has and if the member has reached MMI and if the limitations are permanent. Section 20.12: Nicotine Free Requirement All members hired immediately after June 20, 2006, must be free of nicotine use and must remain continually free of any nicotine use as a requirement for continued employment with the City of Ocoee Police Department. Page 68 of 373