The URL can be used to link to this page

Home My WebLink AboutItem #16 a.b. First Reading of Proposed Ordinances Amending the Police Officers' & Firfighters' Retirement Trust FundQ AGENDA ITEM COVER SHEET Meeting Date: August 20, 2013 Item # 110 �ti Contact Name: Charles J. Brown Contact Number: X3022 Reviewed By: Department Director: Ch City Manager: Rob Frank Subject: Proposed Ordinance Amending the Police Officers' & Firefighters' Retirement Trust Reflecting Internal R evenue Code (IRC) Changes Background Summary: The Pension Board for the City of Ocoee Police and Fire Retirement Trust Fund is governed by ordinance. Issue: Amendment to the Police and Fire Pension Ordinance Section I, Definitions to amend the definitions of Credited Service, Section 4, finances and Fund Management, and Section 15, Maximum Pension, to comply with recent changes to the Internal Revenue Code (IRC) relating to tax qualified pension plans such as this plan. These amendments clarify language required by the IRC and are mandatory amendments that must be made by September 30, 2013 to ensure the continuation of the plan's tax qualified status. With these additional changes, the pension plan will comply with all required applicable IRC changes and updates. Recommendations: It is the recommendation of the Police and Fire Pension board that the attached Ordinance amendment by approved as proposed. Attachments: An Ordinance amendment drafted by legal counsel for the Police and Fire Pension Board and Actuarial report of No Impact from Foster & Foster Actuarial Consultants Financial Impact: No Financial impact as stated by Foster and Foster Actuarial Consultants Type of Item: (please mark with an "x ") Public Hearing For Clerk's Dept Use X Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction x Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A Law Offices Christians & Delmer, P.A. w oarasota k.enter tSiva. quite 107 Sarasota, Florida 34240 • 941- 377 -2200 • Fax 941 - 377.4848 July 24, 2013 Mr. Robert D. Frank City of Ocoee 452 S. Lakewood Avenue Ocoee, FL 34761 Re: City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund Dear Mr. Frank: As you know, I represent the Board of Trustees of the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund. Enclosed please find a proposed ordinance amending the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, which is recommended by the Board for adoption by the City Commission. This ordinance amends Section 1, Definitions to amend the definition of Credited Service, Section 4, Finances and Fund Management, and Section 15, Maximum Pension, to comply with recent changes to the Internal Revenue Code (IRC) relating to tax qualified pension plans such as this plan. These amendments clarify language required by the IRC and are mandatory amendments that must be made by September 30, 2013 to ensure the continuation of the plan's tax qualified status. With these additional changes, the pension plan will comply with all required applicable IRC changes and updates. By copy of this letter to the plan's actuary, Foster & Foster, Inc., I am requesting that they provide you with a letter indicating that there is no cost associated with the adoption of this ordinance. If you or any member of your staff have any questions with regard to this ordinance, please feel free to give me a call. In addition, if you feel it would be appropriate for me to be present at the meeting at which this ordinance is considered by the City Commission, please contact my office to advise me of the date that the ordinance would be considered. Yours very truly, H. Lee Dehner HLD /ksh enclosure cc: Doug Lozen, with enclosure Livia Nixon, with enclosure ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND; AMENDING ORDINANCE NUMBER 2010 -019, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS BY AMENDING THE DEFINITION OF "CREDITED SERVICE "; AMENDING SECTION 4 FINANCES AND FUND MANAGEMENT; AMENDING SECTION 15, MAXIMUM PENSION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. SECTION 1 . Authority The City Commission of the City of Ocoee has the authority to adopt this ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes SECTION 2 . That the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund adopted by Ordinance No. 2010 -019, as subsequently amended, is hereby further amended by amending Section 1, Definitions, by amending the definition of "Credited Service ", to read as follows: Credited Service means the total number of years and fractional parts of years of service as a Police Officer or Firefighter with Member contributions, when required, omitting intervening years or fractional parts of years when such Member was not employed by the City as a Police Officer or Firefighter. A Member may voluntarily leave his or her Accumulated Contribution in the Fund for a period of five (5) years after leaving the employ of the Police or Fire Department pending the possibility of being reemployed as a Police Officer or Firefighter, without losing credit for the time that he or she was a Member of the System. If a vested Member leaves the employ of the Police or Fire Department, his or her Accumulated Contributions will be returned upon his or her written request. If a Member who is not vested is not reemployed as a Police Officer or Firefighter with the Police or Fire Department within five (5) years, his or her Accumulated Contributions, if one - thousand dollars ($1,000.00) or less, shall be returned. If a Member who is not vested is not reemployed within five (5) years, his Accumulated Contributions, if more than one - thousand dollars ($1,000.00), will be returned only upon the written request of the Member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the Board. Upon return of a Member's Accumulated Contributions, all of his or her rights and benefits under the System are forfeited and terminated. Upon any reemployment, a Police Officer or a Firefighter shall not receive credit for the years and fractional parts of years of service for which he has withdrawn his Accumulated Contributions from the Fund, unless the Police Officer or Firefighter repays into the Fund the contributions he has withdrawn, with interest, as determined by the Board, within ninety (90) days after his reemployment. The years or fractional parts of a year that a Member performs "Qualified Military Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.103 -353) after separation from employment as a Police Officer or Firefighter with the City to perform training or service, shall be added to his or her years of Credited Service for all purposes, including vesting, provided that: A. The Member is entitled to reemployment under the provisions of USERRA. B. The Member must returns to his or her employment as a Police Officer or Firefighter within one (1) year from the earlier of the date of his or her military discharge or his or her release from service, unless otherwise required by USERRA. C. The maximum credit for military service pursuant to this paragraph shall be five (5) years. D. This paragraph is intended to satisfy the minimum requirements of USERRA. To the extent that this paragraph does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. In the event a Member dies on or after January 1, 2007, while performing USERRA Qualified Military Service, the beneficiaries of the Member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the Member had resumed employment and then died while employed. In the event that a Member of this System has also accumulated Credited Service in another pension system maintained by the City, then such other Credited Service shall be used in determining vesting as provided for in Section 9, and for determining eligibility for early or normal retirement. Such other Credited Service will not be considered in determining benefits under this System. Only his or her Credited Service and Salary under this System on or after his or her date of membership in this System will be considered for benefit calculation. In addition, any benefit calculation for a Member of this System who is or becomes eligible for a benefit from this System after he or she has become a member of another pension system maintained by the City, shall be based upon the Member's Average Final Compensation, Credited Service and benefit accrual rate as of the date the Member ceases to be a Police Officer or Firefighter. Beginning January 1, 2009, to the extent required by Section 414(u)(12) of the Code an individual receiving differential wage payments (as defined under Section 3401(h)(2) of the Code) from an employer shall be treated as employed by that employer, and the differential wage paw shall be treated as compensation for purposes of applying the limits on annual additions under Section 415(c) of the Code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. SECTION 3 . That the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund adopted by Ordinance No. 2010 -019, as subsequently amended, is hereby further amended by amending Section 4, Finance and Fund Management, subsection 6., to read as follows: 6. The Board shall have the following investment powers and authority: A. The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Ocoee City Commission to amend or terminate this Fund, provided that no amendment or Fund termination shall ever result in the use of any assets of this Fund except for the payment of regular expenses and benefits under this System, except as otherwise provided herein. All contributions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held and administered by the Board or its agent in the Fund and the Board shall not be required to segregate or invest separately any portion of the Fund. -2- B. All monies paid into or held in the Fund shall be invested and reinvested by the Board and the investment of all or any part of such funds shall be subject to the following: (1) Notwithstanding any limitation provided for in Chapter 185 and 175, Florida Statutes to the contrary (unless such limitation may not be amended by local ordinance) or any limitation in prior city ordinances to the contrary, all monies paid into or held in the Fund may be invested and reinvested in such securities, investment vehicles or property wherever situated and of whatever kind, as shall be approved by the Board, including but not limited to common or preferred stocks, bonds, and other evidences of indebtedness or ownership. In no event, however, shall more than twenty -five percent of the assets of the Fund at market value be invested in foreign securities. (2) The Board shall develop and adopt a written investment policy statement setting forth permissible types of investments, goals and objectives of investments and setting quality and quantity limitations on investments in accordance with the recommendations of its investment consultants. The investment policy statement shall be reviewed by the Board at least annually. (3) In addition, the Board may, upon recommendation by the Board's investment consultant, snake investments in group trusts meeting the requirements of Internal Revenue Service Revenue Ruling 81 -100 and Revenue Ruling 2011 -1 or successor rulings or guidance of similar import, and operated or maintained exclusively for the comminizling and collective investment of monies provided that the funds in the group trust consist exclusively of trust assets held under plans qualified under Section 401(a) of the Code individual retirement accounts that are exempt under Section 408(e) of the Code eligible vovernmental plans that meet the reauirements of Section 457(b) of the Code, and governmental plans under 401(a)(24) of the Code. For this purpose, a trust includes a custodial account that is treated as a trust under Section 401(f) or under Section 457(y)(3) of the Code. W hile any portion of the assets of the Fund are invested in such a group trust, such group trust is itself adopted as a part of the System or Plan. K. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits herein provided for. M L. In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. K M. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said Fund shall always remain in the Board. -3- SECTION 4 . That the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund adopted by Ordinance No. 2010 -019, as subsequently amended, is hereby further amended by amending Section 15, Maximum Pension, to read as follows: SECTION 15. MAXIMUM PENSION Basic Limitation Notwithstanding any other provisions of this System to the contrary, the Member contributions paid to, and retirement benefits paid from, the System shall be limited to such extent as may be necessary to conform to the requirements of Code Section 415 for a qualified retirement plan. Before January 1, 1995, a plan member may not receive an annual benefit that exceeds the limits specified in Code Section 415(b), subject to the applicable adjustments in that section. On and after January 1, 1995, a plan member may not receive an annual benefit that exceeds the dollar amount specified in Code Section 415(b)(1)(A) ($160,000), subject to the applicable adjustments in Code Section 415(b) and subject to any additional limits that may be specified in this System. For purposes of this Section, "limitation year" shall be the calendar year. For purposes of Code Section 415(b) the "annual benefit" means a benefit payable annually in the form of a straight life annuity (with no ancillary benefits) without regard to the benefit attributable to after -tax employee contributions (except pursuant to Code Section 415(n) and to rollover contributions (as defined in Code Section 415(b)(2)(A)) The "benefit attributable" shall be determined in accordance with Treasury Regulations. 2. Adjustments to Basic Limitation for Form of Benefit applied by either reducing the Code Section 415(b) limit applicable at the annuitv starting date or adjusting the torm of benefit to an actuarially equivalent amount (determined using the assumptions specified in Treasury Regulation Section 1.415(b)- 1(c)(2)(ii)) that takes into account the additional benefits under the form of benefit as follows: A. For a benefit paid in a form to annuity benefit that is the greater of: uivalent straight li The annual amount of the straight life annuity (if any) payable to the Member under the Plan commencing at the same annuity starting date as the form of benefit to the Member, or The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the form of benefit payable to the Member, computed using a five percent (5 %) interest assumption (or the applicable statutory interest assumption) and (i) for vears prior to January 1. 2009. the applicable 1(d)(2) (Revenue Ruling 2001 -62 or any subsequent Revenue Ruling modif ying the applicable provisions of Revenue Rulings 2001 -62). shall be adjusted so that it is the equivalent of the annual benefit, using factors prescribed in Treasury Regulations. If the form of the benefit without regard to any automatic benefit increase feature is not a straight life an nuity or a qualified ioint and survivor annuity, then the Preceding sentence is or any subsequent Internal Revenue Service guidance implementing Section 417(e)(3)(B) of the Code); or B. For a benefit paid in a form to which Section 417(e)(3) of the Code applies (generally, a lump sum benefit), the actuarially equivalent straight life annuity benefit that is the vreatest of. The annual amount of the straigh _life annuity commencing at t he annuity starting date that has the same actuarial present value as the particular form of benefit payable computed using the interest rate and mortality table or tabular factor, specified in the Plan for actuarial experience; The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable computed using a five and one half percent (5.5%) interest assumption (or the applicable statutory applicable mortality tables for the distribution under Treasury Regulation Section 1.417(e)- I(d)(2) (the mortality table specified in Revenue Ruling 2001 -62 or any subsequent Revenue Ruling modifying the he ap licable provisions of Revenue Ruling 2001 -62) and (ii) for years after December 31, 2008 the applicable mortality tables described in Section 417(e)(3)(B) of the Code (Notice 2008 -85 or any subsequent Internal Revenue Service guidance implementing section 417(e)(3)(B) of the Code); or The annual amount of the straight life annuity commencing at annuity starting date that has the same actuarial present value as the particular form of benefit pa able computed using the he applicable interest rate for the distribution under Treasury Regulation Section 1.417(e)- 1(d )(3) (the 30 -year Treasur r� ate (prior to January 1 2007 using the rate in effect for the month prior to retirement and on and after January 1, 2007, using the rate in effect for the first day of the Plan Year with a one -year stabilization period)) and i for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulation Section 1.417(e)- I (d)(2) (the mortality table specified in Revenue Ruling 2001 -62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001-62) and (ii) for years after December 31 2008 the applicable mortality tables described in Section 417(e)(3)(B) of the Code (Notice 2008 -85 or any subsequent Internal Revenue Service guidance implementing Section 417(e )(3)(B) of the Code) divided by 1.05. C. The actuary may adjust the 415(b) limit at the annuity starting date in accordance with subsections A. and B above. 3. Benefits Not Taken into Account For purposes of this Section, the following benefits shall not be taken into account in applying these limits: -5- A. Any ancillary benefit which is not directly related to retirement income benefits; B. Any other benefit not required under §415(b)(2) of the Code and Regulations thereunder to be taken into account for purposes of the limitation of Code Section 415(b)(1) and C. That portion of any joint and survivor annuity that constitutes a qualified joint and survivor annuity 4. COLA Effect Effective on and after January 1, 2003, for purposes of applying the limits under Code Section 415(b) (the "Limit "), the following will apply: A. A Member's applicable limit will be applied to the Member's annual benefit in the Member's first calendar limitation year of benefit payments without regard to any automatic cost of living adjustments; B. thereafter, in any subsequent calendat limitation year, a Member's annual benefit, including any automatic cost of living increases, shall be tested under the then applicable benefit limit including any adjustment to the Code Section 415(b)(1)(A) dollar limit under Code Section 415(d), and the regulations thereunder; but C. in no event shall a Member's benefit payable under the System in any calendar limitation year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to Code Section 415(d) and the regulations thereunder. Unless otherwise specified in the System, for purposes of applying the limits under Code Section 415(b), a Member's applicable limit will be applied taking into consideration cost of living increases as required by Section 415(b) of the Code and applicable Treasury Regulations. 5. Other Adjustments in Limitations A. In the event the Member's retirement benefits become payable before age sixty -two (62), the limit prescribed by this Section shall be reduced in accordance with regulations issued by the Secretary of the Treasury pursuant to the provisions of Code Section 415(b) of the Code, so that such limit (as so reduced) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit beginning at age sixty -two (62). B. In the event the Member's benefit is based on at least fifteen (15) years of Credited Service as a full -time employee of the police or fire department of the City, the adjustments provided for in A. above shall not apply. C. The reductions provided for in A. above shall not be applicable to disability benefits pursuant to Section 8, or pre- retirement death benefits paid pursuant to Section 7. D. In the event the Member's retirement benefit becomes payable after age sixty - five (65), for purposes of determining whether this benefit meets the limit set forth in subsection 1 herein, such benefit shall be adjusted so that it is I Me actuarially equivalent to the benefit beginning at age sixty -five (65). This adjustment shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. 6. Less than Ten (10) Years of Participation or Service The maximum retirement benefits payable under this Section to any Member who has completed less than ten (10) years of Credited Service with the City shall be the amount determined under subsection 1 of this Section multiplied by a fraction, the numerator of which is the number of the Member's years of Credited Service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below 10% of the limit determined without regard to this subsection The reduction provided for in this subsection shall not be applicable to pre - retirement disability benefits paid pursuant to Section 8., or pre- retirement death benefits paid pursuant to Section 7. 7. Participation in Other Defined Benefit Plans The limit of this Section with respect to any Member who at any time has been a member in any other defined benefit plan as defined in Code Section 4140) maintained by the City shall apply as if the total benefits payable under all City defined benefit plans in which the Member has been a member were payable from one plan. 8. Ten Thousand Dollar ($10 000) Limit; Less Than Ten Years of Service Notwithstanding the foregoing anything in this Section 15 , the retirement benefit payable with respect to a Member shall be deemed not to exceed the limit set forth in this subs ection 8. of Section 15 if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable Plan Year limitation year and for any prior Plan Year limitation year and the City has not any time maintained a qualified defined contribution plan in which the Member participated provided, however, that if the Member has completed less than ten (10) years of Credited Service with the City, the limit under this subsection 8 of Section 15 shall be a reduced limit equal to ten thousand dollars ($10,000) multiplied by a fraction the numerator of which is the number of the Member's years of Credited Service and the denominator of which is ten 10 . 9. Reduction of Benefits Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the Member's benefit under any defined benefit plans in which Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be determined by the Board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the Board and the plan administrator of all other plans covering such Member. 10. Service Credit Purchase Limits A. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, if a Member makes one or more contributions to purchase permissive service credit under the System, as -7- allowed in Section 26 and 28, then the requirements of this Section will be treated as met only if: (1) the requirements of Code Section 415(b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of Code Section 415(b), or (2) the requirements of Code Section 415(c) are met, determined by treating all such contributions as annual additions for purposes of Code Section 415(c). {3) For purposes of applying subparagraph (1), the System will not fail to meet the reduced limit under Code Section 415(b)(2)(c) solely by reason of this subparagraph", and for purposes of applying subparagraph (2) the System will not fail to meet the percentage limitation under Section 415(c)(1)(B) of the Code solely by reason of this subparagraph -3). B. For purposes of this subsection the term "permissive service credit" means service credit (1) recognized by the System for purposes of calculating a Member's benefit under the plan, (2) which such Member has not received under the plan, and (3) which such Member may receive only by making a voluntary additional contribution, in an amount determined under the System, which does not exceed the amount necessary to fund the benefit attributable to such service credit. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, such term may, if otherwise provided by the System, include service credit for periods for which there is no performance of service, and, notwithstanding clause B.(2), may include service credited in order to provide an increased benefit for service credit which a Member is receiving under the System. 11. Contribution Limits. E A. For purposes of applying the Code Section 4150 limits in this subse +0 which are incorporated by reference and for purposes of this subsection 11., only and for no other purpose, the definition of compensation where applicable will be compensation actually paid or made available during a eaenda limitation year, except as noted below and as permitted by Treasury Regulations Section 1.415(c) -2, or successor regulations. Unless another definition of compensation that is permitted by Treasury Regulations Section 1.415(c) -2, or successor regulation, is specified by the System, compensation will be defined as wages within the meaning of Code Section 3401(a) and all other payments of compensation to an employee by an employer for which the employer is required to furnish the employee a written statement under Code Sections 6041(d), 6051(a)(3) and 6052 and will be determined without regard to any rules under Code Section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Code Section 3401(a)(2). (1) However, for calendar limitation years beginning after December 31, 1997, compensation will also include amounts that would otherwise be included in compensation but for an election under Code Sections 125(a), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b). For calendat limitation years begimning after December 31, 2000, compensation will also include any elective amounts that are not includible in the gross income of the employee by reason of Code Section 132(f)(4). (2) For limitation years beginning on and after January 1, 2007, compensation for the calendar limitation year will also include compensation paid by the later of 2'/2 months after an employee's severance from employment or the end of the calendar limitation year that includes the date of the employee's severance from employment if: (a) the payment is regular compensation for services during the employee's regular working hours, or compensation for services outside the employee's regular working hours (such as overtime or shift differential), commissions, bonuses or other similar payments, and, absent a severance from employment, the payments would have been paid to the employee while the employee continued in employment with the employer; or (b) the payment is for unused accrued bona fide sick, vacation or other leave that the employee would have been able to use if employment had continued. (3) Back pay, within the meaning of Treasury Regulations Section 1.415(c)- 2(g)(8), shall be treated as compensation for the limitation year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included under this definition. D- B. Notwithstanding any other provision of law to the contrary, the Board may modify a request by a Member to make a contribution to the System if the amount of the contribution would exceed the limits provided in Code Section 415 by using the following methods: (1) If the law requires a lump sum payment for the purchase of service credit, the Board may establish a periodic payment deduction plan for the Member to avoid a contribution in excess of the limits under Code Sections 415(c) or 415(n). (2) If payment pursuant to subparagraph (1) will not avoid a contribution in excess of the limits imposed by Code Section 415(c), the Board may either reduce the Member's contribution to an amount within the limits of that section or refuse the Member's contribution. C. If the annual additions for any Member for a limitation year exceed the limitation under Section 415(c) of the Code the excess annual addition will be corrected as pennitted under the Employee Plans Compliance Resolution System (or similar IRS correction nrn�yram) W D. For limitation years beginning on or after January 1 2009 a Member's compensation for purp oses of this subsection 11. shall not exceed the annual of ++ 12. Additional Limitation on Pension Benefits Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participated in such System, on or after January 1, 1980, shall not exceed one hundred percent (100 %) of his Average Final Compensation. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of- living increases or adjustments. B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. SECTION 5 . Repeal of Ordinances All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6 . Severability In the event any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance shall be held invalid by a court of competent jurisdiction, then such invalidity shall not affect the remaining portions hereof. SECTION 7 . Effective Date This ordinance shall take effect upon second reading and adoption. PASSED AND ADOPTED this day of , 2013. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA B Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED READ FIRST TIME READ SECOND TIME AND ADOPTED -10- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS day of 2013. CHRISTIANSEN & DEHNER, P.A. Special Counsel C APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON AGENDA ITEM NO. 2013 UNDER ksh \ocoeeApfl07- 19- 13.ord -11- tQ 0C (' 1 AGENDA ITEM COVER SHEET Meeting Date: August 20, 2013 Item # ,, � Y) Contact Name: Contact Number: Charles J. Brown X3022 Reviewed By: _' Department Director. Ch r w City Manager: Rob Frank;, Subject: Approval of Amended Ordinance for the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund Reflecting Changes Made By CBA Background Summary: The Pension Board for the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is governed by City of Ocoee ordinance. Changes to the Police and Fire pension benefits were agreed upon in the Collective Bargaining Agreements of the Police and Fire unions with the City of Ocoee. The Pension Ordinance must be amended to reflect the changes. Issue: Amendment to the Police Officers' and Firefighters' Pension Ordinance to include the following changes: - Amending the definition of Salary to comply with the regulations set forth in Senate Bill 1128 regulating the calculation of overtime hours to 300 per calendar year, and unused paid time off at final compensation. - Increase the Members Contribution rate from 7.6% to 8.0 %, effective September 17, 2013. -City shall make quarterly contributions to the Fund in an amount equal to the required City contribution, as shown by applicable actuarial valuation of the system, but in any event, not less than 12% of the payroll of the bargaining members - Implementing a maximum accrued benefit cap equal to 91% of Average Final Compensation for all Members hired on after October 1, 2012. - Amending the DROP (Deferred Retirement Option Plan) provision for Members who enter DROP on or after October 1, 2012 to reduce the fixed interest accrual from 6.5% to 2.0% per year compounded monthly. Recommendations: It is the recommendation of the board of trustees that the attached ordinance amendment be approved. Attachments: An Ordinance amendment drafted by legal counsel for the Police and Fire Pension Board. An Actuarial Impact Statement provided by the Plan Consultants. Financial Impact: Please see Actuarial Impact Statement. Type of Item: (please mark with an "x ") Public Hearing X Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction x Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda N/A N/A N/A ORDINANCE NO. OF THE CITY OF OCOEE, FLORIDA, OCOEE MUNICIPAL AN ORDINAN CITY AND FIREFIGHT RELATING TO THE ORDINANCE POLICE OFFICERS' ,MENDING SUBSEQUENTLY AM 1 ENDED; RETIREMENT TRUST 1 ASU Siu TIONS, AMENDING T4E NUMBER DEFINI OF "SALARY "; AMENDING SECTI NEFIT AMENITION OF 64S 1 � SECTION DEFIN AMENDING AMENDING SECTION g, CONTRIBUTION ELIGIBILIT SECTION 27, DEFERR AMOUNTS AND MENDING PLAN; PROVIDING DISABILIT OPTION REPEALING ALL RETIREMENT OF PROVISIONS; AND SEVERAB LITY IN CONFLICT HEREWITH ORDINANC E FFECTIVE DATE. PROVIDING AN Authont .The City Commi ssion of the City o fOthe State th Florida and SECTION 1• pursuant Article VIII of the Constitution o adopt this ordinance p Of Chapter 166, Florida Statutes. adopting the amended and restate subsequently 2010 -0 pa That Ordinance No• titers' Retirement Ti a mending amending the SECTION 2 Section 1, further amended by amending Ocoee Municil Police Officers' and Fir amended, is hereby definition of "Salary , to read as follows: p ,,lice Officer Compensation ui '. - -_ - - uL ., .----- - compensation of each member taken into account in first day of the Plan Year shall be disr al comp egar e o for an Plan Year beginning on or after January or any benefit calculations. The annu rcost -of- living increases m accordance with determining benefits or employee contributions Y 1, 2002, may not exceed $200,000, as adjusted fo Code Section 401(a)(17)( in Compensation means compensation during the fiscal year. The cost -of- living adjustment in effect for oa calendar n such calendar yea annual f the determinat on period determination period that begins with consists of fewer than 12 months, the annual compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is 12. If the compensation for any prior determination period is taken into account in determining a Member's contributions or benefits for the current Plan Year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior -1- period. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a Member before the first Plan Year beginning after December 31, 1995. SECTION 3 . That Ordinance No. 2010 -019, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 5, Contributions, subsection 1., Member Contributions and subsection 3., City Contributions, to read as follows: Member Contributions. A. Amount Each Member of the System shall be required to make regular contributions to the Fund Effective September 17, 2013, Police Officer Members and Firefighter Members shall make contributions in the amount of seven and six tents per-cent (7. eight percent (8 %) of his or her Salary. Member contributions withheld by the City on behalf of the Member shall be deposited with the Board immediately after each pay period. The contributions made by each Member to the Fund shall be designated as employer contributions pursuant to §414(h) of the Code. Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the System, such contributions shall be considered to be Member contributions. 3. City Contributions So long as this System is in effect, the City shall make quarterly contributions to the Fund in an amount equal to the required City contribution, as shown by the applicable actuarial valuation of the System but in any event not less than twelve percent (12 %) of the payroll of the bargaining unit Members SECTION 4 . That Ordinance No. 2010 -019, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 6, Benefit Amounts and Eligibility, subsection 2., Normal Retirement Benefit, to read as follows: 2. Normal Retirement Benefit A Member retiring hereunder on or after his or her normal retirement date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next following his or her Retirement and be continued thereafter during Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal three and one -half percent (3.5 %) of Average Final Compensation, for each year of Credited Service up to a maximum benefit not to exceed ninety -one percent (91%) of Average Final Compensation of the Member hired on or after October 1, 2012. -2- SECTION 5 . That Ordinance No. 2010 -019, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 8, Disability, subsection l., Disability Benefits In -Line of Duty, and subsection 3., Disability Benefits Not -In -Line of Duty, to read as follows: Disability Benefits In -Line of Duty Any Member who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer or Firefighter, which disability was directly caused by the performance of his or her duty as a Police Officer or Firefighter, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to three and one -half percent (3.5 %) of his or her Average Final Compensation multiplied by the total years of Credited Service unto a maximum benefit not to exceed ninety -one percent (91 %) of Average Final Compensation of the Member hired on or after October 1, 2012 but in any event the minimum amount paid to the Member shall be forty -two percent (42 %) of the Average Final Compensation of the Member. Terminated persons, either vested or non - vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. Disability Benefits Not -In -Line of Duty Any Member with ten (10) years or more Credited Service who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer or Firefighter, which disability is not directly caused by the performance of his or her duties as a Police Officer or Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to three and one -half percent (3.5 %) of his or her Average Final Compensation multiplied by the total years of Credited Service up to a maximum benefit not to exceed ninety -one percent (91 %) of Average Final Compensation of the Member hired on or after October 1, 2012 Terminated persons, either vested or non - vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. SECTION 6 . That Ordinance No. 2010 -019, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 27, Deferred Retirement Option Plan, subsection 3. Funding, to read as follows: (2) Except as otherwise provided in subsection 2.D.(2), a Member's DROP Account under this subsection 3.13. shall be debited or credited after each fiscal year quarter with either: (a) For Members who enter the DROP prior to October 1, 2012, i nterest at an effective rate of six and one -half -3- percent (6.5 %) per annum compounded monthly on the prior month's ending balance; For Members who enter the DROP on or after October 1, 2012 interest at an effective rate of two percent (2 %) per balance or (b) Earnings, determined as follows: The average daily balance in a Member's DROP Account shall be credited or debited at a rate equal to the actual net rate of investment return realized by the System for that quarter. "Net investment return" for the purpose of this paragraph is the total return of the assets in which the Member's DROP Account is invested by the Board net of brokerage commissions, transaction costs and management fees. Upon electing participation in the DROP, the Member shall elect to receive either interest or earnings on his account to be determined as provided above. The Member may, in writing, elect to change his election only once during his DROP participation. An election to change must be made prior to the end of a quarter and shall be effective beginning the following quarter. SECTION 7 . Repeal of Ordinances All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8 . Severability In the event any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance shall be held invalid by a court of competent jurisdiction, then such invalidity shall not affect the remaining portions hereof. SECTION 9 . Effective Date This ordinance shall take effect upon second reading and adoption. PASSED AND ADOPTED this day of 2013. ATTEST: Beth Eikenberry, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor H ADVERTISED READ FIRST TIME READ SECOND TIME AND ADOPTED FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS day of , 2013. CHRISTIANSEN & DEHNER, P.A. Special Counsel APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,2013 UNDER AGENDA ITEM NO. ksh \ocoee \pf\07- 15- 13.ord -5- �.. >. F OSTER May 16, 2013 VIA EMAIL AN MAI Board of Trustees c/o Charlie Brown, Chairman City of Ocoee Municipal Police Officers' And Firefighters' Retirement Trust Fund 646 Ocoee Commerce Parkway Ocoee, Florida 34761 Re: City of Ocoee Municipal Police Officers' and Firefight+�rs' Retirement Trust Fund Dear Board Enclosed is the following material, which has been prepared in support of the proposed benefit changes to the Fund: 1. Three (3) copies of the required Actuarial Impact Statement, which outlines the costs associated with implementing the proposed changes. 2. Drafts of transmittal letters to the, Bureau of Local Retirement Systems and the Bureau of Police Officers' and Firefighters' Retirement - 1 rust Funds. It will be necessary for the Chairman to sign one (1) copy of each Actuarial Impact Statement as the Plan Administrator and forward the Impact Statement, along with a copy of the proposed Ordinance, to the two Bureaus prior to adoption. If you have any questions concerning the enclosed material, please let me know. Sincerely, d I t U � `) D ugtas . Lozen DFILllke Enclosures 13420 Parker Commons Blvd., Suite 104 Fort dyers, FL 33512 • (239) 433 -5500 • Fax (239) 461 -0634 - www.ioster- foster. corn E�`Ae��az -t CITY OF OCOEE MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND ACTUARIAL IMPACT STATEMENT May 16, 2013 Attached hereto is a comparison of the impact on the Total Required Contribution (per Chapter 112, Florida Statutes), and the Required City Contributions, resulting from implementation of the following changes: 1) Amending the definition of Salary to comply with the regulations set forth in Senate Bill 1128. Effective October 1, 2011 for Firefighters and October 1, 2012 for Police Officers, Salary will include the frozen amount of paid time off accrued as of the respective effective dates stated above. These frozen amounts cannot be increased and any paid time off time taken after the effective dates will reduce the applicable frozen amount for each Member. The frozen accrual amount will be determined using the rate of pay in effect as of the effective dates for Firefighters and Police Officers, and the resulting balance upon termination of employment with the City will be used in the calculation of pension benefits. Any paid time off accrued after the effective dates and unused at the time of termination of employment with the City will be paid out at the then current rate of pay, but will not be used in the calculation of pension benefits. 2) Increasing the Member Contribution rate from 7.6% to 8.0 %, effective upon the adoption date of the corresponding proposed Ordinance. Please note for purposes of this impact statement, we have assumed an effective date of July 31, 2013, which is the date of the next regularly scheduled Pension Board meeting. 3) Implementing a maximum accrued benefit cap equal to 91% of Average Final Compensation for all Members hired on or after October 1, 2012. 4) Amending the DROP provisions for Members who enter the DROP on or after October 1, 2012 to reduce the fixed interest accrual from 6.5% to 2.0% per year, compounded monthly. Additionally, such Members will no longer have the election to accrue interest at the net rate of investment return realized by the System. Please note that for purposes of this impact statement, the load assumption for the projected salary at retirement to account for lump -sum accrued paid time off payouts was modified from a fixed 20% per individual to an amount equal to their individual current frozen accrual, determined as of October 1, 2012, as provided by the City. It is important to point out that the load assumption, and individual frozen accruals, will be subject to further modification based on future experience. Subsequent changes will be reflected in future actuarial valuations. Additionally, please note that there is currently no measurable impact for the change listed in Item 3 above, as it pertains solely to new hires. CITY OF OCOEE MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND ACTUARIAL IMPACT STATEMENT May 16, 2013 (Page 2) The cost impact, determined as of October 1, 2012, as applicable to the fiscal year ending September 30, 2014, is as follows: * The City may use up to $421,323.57 in State Contributions for determining its minimum funding requirements. The changes presented herein are in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the State Constitution. Additionally, the undersigned is familiar with the immediate and long -term aspects of pension valuations and meets the Qualification Standards of the American Academy of Actuaries necessary to render the opinions contained herein. Douglas - Eozen, EA, MAAA Enrolled Actuary #11 -7778 Current Proposed Total Required Contribution % of Total Annual Payroll 39.66% 38.69% Member Contributions (Est.) % of Total Annual Payroll 7.60% 8.00% City and State Required Contribution % of Total Annual Payroll 32.06% 30.69% State Contribution (est.) * 421,324 421,324 % of Total Annual Payroll 5.46% 5.46% Balance from City % of Total Annual Payroll 26.60% 25.23% * The City may use up to $421,323.57 in State Contributions for determining its minimum funding requirements. The changes presented herein are in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the State Constitution. Additionally, the undersigned is familiar with the immediate and long -term aspects of pension valuations and meets the Qualification Standards of the American Academy of Actuaries necessary to render the opinions contained herein. Douglas - Eozen, EA, MAAA Enrolled Actuary #11 -7778 STATEMENT OF PLAN ADMINISTRATOR The prepared information presented herein reflects the estimated cost of the proposed improvement. Chairman, Board of Trustees Comparative Summary of Principal Valuation Results Annual Rate of Payments to: Service Retirees Proposed Current DROP Retirees 10/1/201 10/1/2012 A. Participant Data 12,218 12,218 Number Included 180,524 180,524 Actives 119 119 Service Retirees 27 27 DROP Retirees 6 6 Beneficiaries 1 1 Terminated Vested 21 21 Disability Retirees 5 5 Total 179 179 Total Annual Payroll $7,714,088 $7,714,088 Payroll Under Assumed Ret, Age 7,714,088 7,714,088 Annual Rate of Payments to: Service Retirees 949,812 949,812 DROP Retirees 361,491 361,491 Beneficiaries 12,218 12,218 Terminated Vested 180,524 180,524 Disability Retirees 132,864 132,864 B. Assets Actuarial Value 29,495,559 29,495,559 Market Value 30,218,038 30,218,038 C. Liabilities Present Value of Benefits Active Members Retirement Benefits 27,639,478 28,396,158 Disability Benefits 1,525,224 1,566,872 Death Benefits 160,717 164,977 Vested Benefits 2 2,566,348 Refund of Contributions 128,085 127,330 Service Retirees 9,959,481 9,959,481 DROP Retirees 5,182,746 5,182,746 Beneficiaries 79,591 79,591 Terminated Vested 921,472 921,472 Disability Retirees 1,544,641 1,544,641 Excess State Monies Reserve 254,149 254,149 Total 49,896,568 50,763,765 Valuation Date C. Liabilities - (Continued) Present Value of Future Salaries Present Value of Future Member Cont. Normal Cost (Entry Age) Retirement Benefits Disability Benefits Death Benefits Vested Benefits Refund of Contributions Total Normal Cost Present Value of Future Normal Costs Actuarial Accrued Liability Retirement Benefits Disability Benefits Death Benefits Vested Benefits Refund of Contributions Inactives plus State Reserve Total Actuarial Accrued Liability Unfunded Actuarial Accrued Liability Proposed Current 10/1/2012 10/1/2012 49,098,950 49,098,950 3,902,202 3,731,520 830,698 108,597 7,491 195,112 41,918 1,183,816 857,597 110,812 7,692 199,389 41,738 1,217,228 7,248,116 7,481,122 22,179,652 821,541 112,090 1,547,567 45,522 17,942,080 42,648,452 22,746, 742 846,069 114,874 1,587,527 45,351 17, 942, 080 43,282,643 13,152,893 13,787,084 D. Actuarial Present Value of Accrued Benefits Vested Accrued Benefits Inactives Actives Member Contributions Total Non- vested Accrued Benefits Total Present Value Accrued Benefits Increase (Decrease) in Present Value of Accrued Benefits Attributable to: Plan Amendments Assumption Changes New Accrued Benefits Benefits Paid Interest Other 17,687,931 17,687,931 9,196,020 9,196,020 3,927,660 3,927,660 30,811,611 30,811,611 3,290.580 3,290,580 34,102,191 34,102,191 1 1 / / / Total: 0 Proposed Current Valuation Date 10/1/2012 10/1/2012 Applicable to Fiscal Year Ending 9/30/2014 9/30/2014 E. Pension Cost Normal Cost (with interest) % of Total Annual Payroll 15.96 16.41 Adminstrative Expense (with interest) % of Total Annual Payroll * 1.04 1.04 Payment Required to Amortize Unfunded Actuarial Accrued Liability over 30 years as of 10/1/12 (with interest) % of Total Annual Payroll * 21.69 22.21 Total Required Contribution % of Total Annual Payroll * 38.69 39.66 Expected Member Contributions % of Total Annual Payroll * 8.00 7.60 Expected City & State Contrib. % of Total Annual Payroll * 30.69 32.06 * Contributions developed as of 10/1/12 are expressed as a percentage of total annual payroll at 10/1/12 of $7,714,088 ACTUARIAL ASSUMPTIONS AND METHODS Mortality Rate RP2000, Combined Healthy — sex distinct. Disabled lives are set forward five years. Based on a study of over 650 public safety funds, this table reflects a 10% margin for future mortality improvements. Interest Rate 8% per year compounded annually, net of investment related expenses. Normal Retirement Earlier of age 55 and 10 years of service or 25 years of service, regardless of age. Also, any Member who has reached Normal Retirement is assumed to continue employment for one additional year. Early Retirement Commencing with the earliest assumed early retirement date (age 45 with 5 years of service), Members are assumed to retire with an immediate subsidized benefit at the rate of 1 % per year. Disability Rat See table on following page (1205). It is assumed that 75% of disablements and active Member deaths are service related. Termination Rate See table on following page (W1305). Salary Increases 6.0% per year until the assumed retirement age; see table on following page. Projected salary at retirement is increased 20% to account for non - regular compensation. Payroll Growth 3.0% per year. Administrative Expenses $77,061 annually. Funding Method Entry Age Normal Actuarial Cost method. Actuarial Asset Method Each year, the prior Actuarial Value of Assets is brought forward utilizing the historical geometric 4 -year average Market Value returns, net of fees. It is possible that over time this technique will produce an insignificant bias above or below Market Value. Current Salary % Becoming Disabled % Terminating as a % of Salary Age D uring the Year During the Year at Age 55 20 30 40 50 0.14% 17.2% 0.18% 15.0% 0.30% 8.2% 1.00% 1,7% 13.0% 23.3% 41.7% 74.7% SUMMARY OF PLAN PROVISIONS (Through Ordinance No. 2010 -018) Eligibility Full -time employees who are classified as Police Officers or Firefighters participate as a condition of employment. Credited Service Salary Average Final Compensation Member Contributions City and State Contributions Normal Retirement Total years and fractional parts of years of employment with the City as a Police Officer or Firefighter. W -2 Compensation, plus tax - deferred and tax - sheltered income. Average Salary for the 5 best years of the 10 years immediately preceding retirement or termination. 7.6% of Salary. Remaining amount required in order to pay current costs and amortize unfunded past service cost, if any, as provided in Part VII, Chapter 112, F.S. Date Earlier of Age 55 and 10 years of Credited Service, or 25 years of Credited Service, regardless of age. Benefit 3.5% of Average Final Compensation times Credited Service Form of Benefit Ten Year Certain and Life Annuity (options available). Early Retirement Eligibility Age 45 and 5 Years of Credited Service. Benefit Accrued benefit, reduced 3% per year to age 50 and actuarially reduced from age 50 to age 45. Vestin Schedule 100% after 5 years of Credited Service. Benefit Amount Member will receive the vested portion of his (her) accrued benefit payable at the otherwise Early or Normal Retirement Date. Disability Eligibility Service Incurred Covered from Date of Employment. Non- Service Incurred 10 years of Credited Service. Exclusions Disability resulting from use of drugs, illegal participation in riots, service in military, etc. Benefit Benefit accrued to date of disability but not less than 42% of Average Final Compensation (Service Incurred). Duration Payable for life (with 120 payments guaranteed) or until recovery (as determined by the Board). Optional forms of payment are available. Death Benefits Pre - Retirement Vested Monthly accrued benefit payable to designated beneficiary for 10 years. Non - Vested Refund of accumulated contributions without interest. Post - Retirement Benefits payable to beneficiary in accordance with option selected at retirement. Board of Trustees a. Two Commission appointees, b. One Member from each Department elected by the Membership, and c, Fifth Member elected by other 4 and appointed by Commission. Deferred Retirement Option Plan Eligibility Within 12 months following satisfaction of Normal Retirement requirements. Participation Not more than 60 months. Rate of Return At election of Member (may change once during DROP period) either: 1) actual net rate of investment return (total return net of brokerage commissions, transaction costs, and management fees), or 2) 6.5 %. Earnings are credited each fiscal quarter. Form of Distribution Cash lump sum (options available) payable at termination of employment. COLLECTIVE BARGAINING AGREEMENT BETWEEN IAFF, LOCAL 3623 ► 9, CITY OF OCOEE Effective Dates: October 1, 2011 to September 30, 2014 TABLE OF CONTENTS ARTICLE I: RECOGNITION AND INTENT OF AGREEMENT Section1.1 Parties ............................................................. ..............................1 Section 1.2 Recognition ..................................................... ..............................1 Section 1.3 Entire Agreement ............................................. ..............................1 Section 1.4 Effect of Laws and Ordinances ........................ ..............................1 Section1.5 Purpose .......................................................... ............................... 2 ARTICLE II: DECLARATION OF PRINCIPLES Section 2.1 Union Activities ................................................ ..............................3 Section 2.2 Non - Discrimination ......................................... ............................... 3 ARTICLE III: UNION SECURITY AND CHECKOFF Section3.1 Dues ............................................................... ............................... 4 Section3.2 Amount ............................................................ ..............................4 Section 3.3 Remittance ...................................................... ..............................4 Section 3.4 Recourse ......................................................... ..............................5 Section3.5 Minimum Pay ................................................... ..............................5 Section 3.6 Withdrawal ....................................................... ..............................5 Section3.7 Indemnity ......................................................... ..............................5 ARTICLE IV: UNION BUSINESS Section 4.1 Representation and Notice ............................. ............................... 6 Section 4.2 Activities ......................................................... ............................... 6 Section4.3 Time ................................................................ ..............................6 Section 4.4 Visitation .......................................................... ..............................7 Section 4.5 Solicitation and Distribution ............................. ..............................7 Section 4.6 Time -Off Without Loss of Pay ......................... ............................... 8 Section 4.7 Bulletin Boards and E -mail .............................. ..............................8 ARTICLE V: MANAGEMENT RIGHTS Section 5.1 Functions of Management .............................. ............................... 9 Section 5.2 Operations and Direction of Work Force ......... ..............................9 Section 5.3 Restrictions Under this Agreement ................. ............................... 9 Section5.4 Waiver ............................................................ ............................... 9 Section 5.5 Emergencies ................................................... ..............................9 Section 5.6 Job Duties ........................................................ .............................10 ARTICLE VI: GRIEVANCE AND ARBITRATION Section 6.1 Grievance ......................................................... .............................11 Section 6.2 Grievance Procedure ........................................ .............................11 Section 6.3 Mediation and Arbitration .................................. .............................13 Section 6.4 Selection and Cost of Arbitrator ........................ .............................14 Section 6.5 Authority of Arbitrator ........................................ .............................14 Section 6.6 Time Limits ....................................................... .............................15 Fire Collective Bargaining Agreement 2011 -2014 Section 6.7 Burden of Proof Section ................................................ .............................15 Precedent Section6.9 ......................................................... .............................15 Arbitrators ......................................................... .............................15 Section 6.10 Grievances by Non -Union Member .................. .............................16 Section6.11 General ............................................................. .............................16 Section 6.12 Time Off /Pay .................................................... Section6.13 .............................17 Limitations ARTICLE XI: ........................................................ .............................17 Section 6.14 Reimbursement ................................................ .............................17 Section 6.15 Criminal Process ............................................ ............................... ARTICLE VII: PROMOTION Section 7.1 Promotion Eligibility List and Promotion ........... .............................19 Section 7.2 Application of City PRR .................................... .............................21 Section 7.3 Union Representation ....................................... .............................21 ARTICLE VIII: VOTING ............................................................ .............................22 ARTICLE IX: SPECIAL MEETINGS ...................................... .............................23 ARTICLE X: NON - BARBAINING UNIT EMPLOYEES ......... .............................24 ARTICLE XI: INSURANCE AND PENSION Section11.1 Insurance .......................................................... .............................25 Section11.2 Pension ............................................................ .............................25 Section 11.3 Pension Multiplier ........................................... ............................... 26 Section 11.4 VEBA — Other Post - Employment Benefits ........ .............................26 ARTICLEXII: STRIKES .......................................................... .............................28 ARTICLE XIII: SHIFT SWAPS Section 13.1 Application ........................................................ .............................29 Section13.2 Payback ............................................................ .............................29 Section 13.3 Authorization .................................................... .............................29 Section 13.4 Emergencies .................................................... .............................29 Section 13.5 Qualifications .................................................... .............................29 ARTICLE XIV: HOLIDAYS Section 14.1 Days Observed ............................................... ............................... 30 Section 14.2 Eligibility for Holiday Pay ................................ ............................... 30 ARTICLE XV: PAID TIME OFF Section15.1 Eligibility ......................................................... ............................... 32 Section 15.2 Accrual of Leave ............................................... .............................32 Section15.3 Charging Leave .............................................. ............................... 33 Section15.4 PRR .................................................................. .............................33 Section 15.5 PTO Per Shift ................................................... .............................33 Fire Collective Bargaining Agreement 2011 -2014 ii ARTICLE XVI: USE OF PERSONAL VEHICLES .................... ............................. ARTICLE XVII: HOURS OF WORK AND WORK SCHEDULE Section 17.1 Basic Work Schedule ....................................... ............................. Section17.2 Overtime ........................................................... ............................. Section 17.3 Assignment of Overtime ................................... ............................. Section 17.4 Compensatory Time Off ................................... ............................. ARTICLE XVIII: LIGHT DUTY Section 18.1 Compensation .................................................. ............................. Section 18.2 Determination ................................................. ............................... 39 ARTICLE XIX: WAGES Section 19.1 Pay Increases ................................................... ............................. Section 19.2 Paramedic Incentive Pay .................................. ............................. Section 19.3 Other Incentive Pay ........................................... ............................. Section 19.4 Additional Compensation (Me Too Clause) ...... .............................40 ARTICLE XX: UNIFORMS AND EQUIPMENT Section20.1 Uniforms ........................................................... ............................. Section20.2 Initial Issue ....................................................... ............................. Section20.3 Replacement ....... ............................... .............. .............................43 Section 20.4 Maintenance .. ............................... .................... .............................4 Section 20.5 Changes ................................................ ............................... .........44 ARTICLE XXI: PROBATIONARY PERIOD Section 21.1 Initial Probationary Period ................................ ............................. Section 21.2 Promotional Probation ...................................... ............................. Section 21.3 Grievances .................... . ................................ ............................. Section 21.4 Transfers and Waiving Probation ..................... .............................45 ARTICLE XXII: REDUCED ACTIVITY PERIOD Section22.1 Hours ................................................................ ............................. Section Activity ............................................................ ............................... 47 Section 22.3 Good Health Activities ...................................... ............................. Section 22.4 Emergencies .................................................... ............................. Section22.5 Contact Sports .................................................. ............................. Section 22.6 Adverse Weather Protocol ................................ ............................. ARTICLE XXIII: CONTIINUOUS EMPLOYMENT Section Paid Time Off ................................................... ............................. Section Floaters ............................................................ ............................. Section 23.3 Layoff and Recall .............................................. ............................. ARTICLE XXIV: PERSONAL PROPERTY REPLACEMENT ... ............................... 50 Fire Collective Bargaining Agreement 2011 -2014 iii ARTICLE XXV: SAFETY, HEALTH AND PHYSICAL FITNESS Section 25.1 General ............................................................. ............................. Section25.2 Equipment ...................................................... ............................... 51 Section 25.3 Medical Examinations ....................................... .............................5 Section25.4 Cooperation .................................................... ............................... 53 ARTICLE XXVI: WORKING OUT OF CLASSIFICATION .......... .............................54 ARTICLEXXVII: EDUCATION .................................................. ............................... 55 ARTICLEXXVIII: DURATION ...................................................... ............................. RATIFICATION: ....................................................................... ............................... 57 Fire Collective Bargaining Agreement 2011 -2014 iv ARTICLE I: RECOGNITION AND INTENT Section 1.1: Parties This Agreement (hereinafter "Agreement," "C13K or "Contract ") is entered into by and between the City of Ocoee (hereinafter, "Employer ") and the City of Ocoee Professional Firefighters Union, I.A.F.F. Local #3623 (hereinafter, "the Union "). Section 1.2: Recognition The City hereby recognizes the Union as the exclusive bargaining representative for all regular full -time employees in the units certified by the Public Employees Relations Commission certification in Case No. RC -96 -008 and Case No. RC- 2001 -037. Section 1.3: Entire Agreement This Agreement constitutes the entire Agreement and understanding between the parties and shall not be modified, altered, changed or amended in any respect except on mutual agreement set forth in writing and signed by authorized representatives of both parties, and supersedes any and all previous agreements and understandings between the parties, either written or orally. Section 1.4: Effect of Laws and Ordinances. Nothing in this Agreement shall require either party to act in violation of any federal or state law or city ordinances and regulations, which shall take precedence when inconsistent with Agreement. In the event that any of the provisions of this Agreement shall be held in violation of any federal or state law or city ordinances as applied to this specific Agreement, such determinations shall not in any way affect the remaining provisions of this Agreement, unless otherwise provided by law. Fire Collective Bargaining Agreement 2011 -2014 1 Section 1.5: Purpose It is contemplated that this Agreement will ensure that members of the bargaining unit will at all times be responsible to and make every effort to carry forward the legitimate activities and functions of the Department with alacrity and dispatch, and will accept and promptly execute all lawful orders and instructions given to them, and by defining the City obligations to the Union and members of the bargaining unit, thus avoiding disputes due to misunderstandings; as well as providing a procedure for resolution of any claims that this collective bargaining agreement has been violated. Fire Collective Bargaining Agreement 2011 -2014 2 ARTICLE II: DECLARATION OF PRINCIPALS Section 2.1: Union Activities City employees shall have the right to be represented by an employee organization of their own choosing or to refrain from doing so in accordance with Florida Statutes Chapter 447. Section 2.2: Non - Discrimination A. There shall be no illegal discrimination against any employee in examination, training, promotion, retention, or any other personnel action because of race, color, creed, sex, sexual status, religion, age, national origin, marital status, or legally recognized disability. B. Employees with a legally recognized disability, who are otherwise qualified, will be provided reasonable accommodation as determined by the City to fulfill the essential functions of their job so long as such accommodation does not constitute an undue hardship to the City. Fire Collective Bargaining Agreement 2011 -2014 3 ARTICLE III: UNION SECURITY AND CHECKOFF Section 3.1: Dues The Employer will deduct bi- weekly Union dues from the paychecks of those Unit employees who authorize such deduction in writing in the manner allowed by law. Deductions will begin the second pay period after the Employer receives such written authorization. No deduction shall be allowed for payment of initiation fees, assessment or fines. Section 3.2: Amount The Union will notify the City Director of Human Resources (hereinafter "HRD ") as to the amount of dues. This notice must state the biweekly amount in dollars and cents for each individual member. Such notification will be certified to the HRD in writing over the signature of an authorized officer of the Union at least thirty (30) calendar days in advance of the effective date of such change. The City shall charge the deduction as soon as practically consistent with its normal bookkeeping procedures, but no less than thirty (30) days after the change is certified to the HRD, so long as the certification is legally sufficient. Section 3.3: Remittance With written instructions provided by the Union and a written authorization from the employee acceptable to the City, the City will direct deposit Union members' dues to the Union's account, provided the Union pays the same administrative cost for direct deposits that each non - charitable organizations are charged for direct deposit by the City. Direct deposits will cease upon written notice, next payroll following written notice from the employee of same. Fire Collective Bargaining Agreement 2011 -2014 4 Section 3.4: Recourse If there is an amount deducted in excess of what is authorized by the employee, the City will reimburse the employee provided a timely grievance is filed if the excess deduction was made as a result of a mistake by the City; otherwise, the employee shall have recourse only against the Union. Section 3.5: Minimum Pay No deduction shall be made from the pay of any payroll period in which the employee's net earnings for that payroll period, after other authorized or legally required deductions, are less than the amount of dues to be checked off. Section 3.6: Withdrawal Any member can stop payroll deduction by giving written notice to the Public Employer and the Union. The Employer shall stop the deductions thirty (30) days after receipt of written notice from the employee. Section 3.7: Indemnity The Union will indemnify, defend, and hold the City harmless against any and all claims, demands, or suits or other forms of liability that shall arise out of, or by reason of action taken or not taken by the City on account of payroll deductions of Union dues. Fire Collective Bargaining Agreement 2011 -2014 5 ARTICLE IV: UNION BUSINESS Section 4.1: Representation and Notice The Union shall be represented by its President. The Union shall notify the HRD in writing of the names of its President, as well as any designated substitute for the President to serve as the Union representative in the President's absence. The City is not required to deal with anyone as a representative of the Union except its President or, in her /her absence, his /her designee. The City will deal with only one (1) representative of the Union with respect to each matter or grievance raised. Section 4.2: Activities The Union President, or his designee, shall carry out their activities on behalf of the Union, including investigating or settling grievances, after 5:00 p.m., except in cases of emergencies the Union President, or his /her designee, with prior permission from the Chief, or his designee, may engage in such activities prior to 5:00 p.m., so long as there is no interference with the work activities of employees or the mission of the Department. When the Union President, or his /her designee, is engaging in such activities while on duty, there shall be no loss of pay. When the Union President, or his /her designee, is engaging in such activities when they are off duty, they shall not be entitled to pay. Section 4.3: Time It is expected that the investigation and processing of grievances, by the Union President, or his /her designee, to the extent that the time of unit employees is required, will occur during the off -duty time of those involved. Fire Collective Bargaining Agreement 2011 -2014 6 Section 4.4: Visitation The Chief, or his /her designee, shall permit one authorized non - employee Business Agent of the Union reasonable access to the Fire Stations to handle grievances arising under this Agreement prior to 5:00 p.m., provided that such visits do not disrupt routine operations as determined by the Chief, or his /her designee. The Business Agent designed to have access to the Department shall first obtain the permission from the Chief, or his designee, which will normally be the ranking officer on duty at the station at the time, before coming into any working area, and may, at the option of the Chief, or his /her designee, be accompanied by a managerial employee in the event the Union agent needs to visit a particular area of a station. The Business Agent will not in any way interfere with the work of employees or the operations of the Department. If, during a visit, the Business Agent wishes to have a private conversation with an employee, the Chief, or his /her designee, will allow the same consistent with his /her determination of operational needs. If the Union Business Agent needs access prior to 5:00 p.m., he shall obtain permission from the Chief, or his /her designee, which permission will not be denied unreasonably. During any such visit, the Business Agent shall not interfere with the work or the operations of the Department. Section 4.5: Solicitation and Distribution. Except as modified by this Agreement, the Union, its members, agents, representatives and all persons acting on its behalf, including the Employer's employees covered by this Agreement, are strictly prohibited by law and this Agreement from soliciting any of the Employer's employees, for Union purposes, during the work time of any employee involved, and from distributing Union literature in any work area at any time. Fire Collective Bargaining Agreement 2011 -2014 7 It is understood and agreed that any employee who violates either of these prohibitions is subject to discipline. ( "Work time" is any time, exclusive of breaks or mealtime during the hours of a shift.) Section 4.6: Time -Off Without Loss of Pay With respect to disciplinary proceedings under the City Personnel Rules and Regulations (hereinafter "PRR "), bargaining unit employees who participate in such proceeding, including an employee representative of the employee, if any, shall be treated the same as all other City employees with respect to time off and pay. With respect to contract negotiations between the Union and the City Manager, the Union President shall not lose any pay for the work hours spent participating in such contract negotiations. Section 4.7: Bulletin Boards and E -mail The Employer agrees to set aside space for a bulletin board (not to exceed 30" by 24 ") to be provided by the Union for its use in informing its membership as to Union business at each station. It is however, agreed and understood that materials to be posted or transmitted to bargaining unit members via e-mail regarding Union business will be submitted to the Chief for review beforehand, and that materials which are derogatory, abrasive, abusive, or critical about any person, or City policy, practice, employees or officials are intemperate in language and /or are not related to legitimate Union business, or which are factually inaccurate, will not be approved and if posted without advance approval of the Chief. The bulletin board may not be used for any political purpose or to support or oppose any political candidate or issue; provided however, it may be used for internal elections held by the Union among its membership. Fire Collective Bargaining Agreement 2011 -2014 8 ARTICLE V: MANAGEMENT RIGHTS Section 5.11: Functions of Management It is the function of management to determine and direct the policies, mode and method of providing its services without any interference in the management and conduct of the City's operations on the part of the Union or any of its representatives. Section 5.2: Operations and Direction of Work Force The City shall continue to exercise the exclusive right to take any action it deems necessary or appropriate in the management of its operations and the direction of its work force. The City expressly reserves all rights, powers and authority customarily exercised by management, and functions which Section 5.3: Restrictions Under this Agreement The City reserves and retains fully and completely any and all management rights, prerogatives and privileges except to the extent that such rights, prerogatives and privileges are specifically limited by some express provision of this Agreement. Section 5.4: Waiver The City's failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such function or right, nor preclude the City from exercising the same in some other way not in conflict with the express provisions of this Agreement. Section 5.5: Emergencies If, in the sole discretion of the City Manager, it is determined that a civil emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions or Fire Collective Bargaining Agreement 2011 -2014 9 other catastrophes, the provisions of this Agreement may be suspended by the City Manager during the time of the declared emergency, except for monetary provisions. Section 5.6: Job Duties 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 management, may be required to perform other duties not specifically contained in their job description. Fire Collective Bargaining Agreement 2011 -2014 10 ARTICLE VI: GRIEVANCE AND ARBITRATION Section 6.1: Grievance A grievance is defined as a difference between the City and any employee or the Union involving an alleged violation or misapplication of a specific provision of this Agreement. The definition of a grievance shall be strictly construed and no other matter shall be subject to resolution under this Article without the written agreement of the City and the Union. The union, or any member of the bargaining unit may file a grievance concerning the meaning, application, and /or interpretation of the specific articles of this agreement, PRR's, or any disciplinary action when a question of "just cause" exists. Such grievance will be processed as outlined in section 6.2. Section 6.2: Grievance Procedure. Whenever a grievance arises between the City and the employees or the Union, the matter will be handled in accordance with the following procedure. Step 1 : Within seven (7) calendar days after the act or occurrence which gives rise to the grievance, or the employee knew or should have known of such act or occurrence, whichever first occurs, the employee shall meet to discuss the grievance with the employee's immediate supervisor in an attempt to resolve same. Step 2 : If the grievance is not settled in Step 1 above, the grievance must be reduced to writing and signed by the employee and presented to the Chief, or his /her designee, within ten (10) calendar days of the act or occurrence which gives rise to the grievance, or when the employee knew or should have known of such act or occurrence, whichever first occurs, regardless of whether the meeting in Step 1 was held. The written grievance must include: Fire Collective Bargaining Agreement 2011 -2014 11 a. A signed statement of grievance and a summary of the facts on which the grievance is based. b. The remedy requested. C. The Article and Section of the agreement, PRR, SOP or disciplinary action which grievant claims has been violated. Within ten (10) calendar days of presentation of the written, signed grievance, the Chief, or his /her designee, and the Union President, and his /her designee, shall meet and /or discuss the grievance. The Chief, or his /her designee, will respond in writing within ten (10) calendar days of the meeting and /or discussion. Step 3 : If the grievance is not settled in Step 2 above, within ten (10) calendar days of receipt of the Chief's response in Step 2, the Union shall notify the City Human Resources Director in writing of its appeal of the grievance to Step 3. Within ten (10) calendar days of delivery of the written notice of appeal to Step 3, the City Manager, or his /her designee, shall meet and /or discuss the grievance with the Union Business Agent and /or the Union President. The City Manager shall respond in writing within ten (10) calendar days after the meeting or discussion. The City Manager can extend the time limits for the meeting and decision in this Step but must do so in writing within that ten (10) days. Failure of the parties to meet to discuss the grievance within the time provided in Steps 1, 2, and 3 of the grievance procedure or failure of the City to respond at any step shall be deemed a denial of the grievance and require the Union to proceed to the next step within the time limits just as if the City had denied the grievance in writing on the last day an answer was due. The employee grievant shall be entitled to be present at any meeting held under Step 2 or Step 3. Fire Collective Bargaining Agreement 2011 -2014 12 Section 6.3: Mediation and Arbitration. A. Mediation Within ten (10) calendar days of receipt of the decision of the City Manager, or the last day for said decision, whichever first occurs, the Union may invoke mandatory mediation of the dispute. If mediation is invoked, the parties shall meet or confer by telephone to select a mediator. If the parties are unable to select a mediator, the City shall obtain a list of five (5) mediators from the Federal Mediation and Conciliation Services (FMCS) and supply a copy of that list to the Union. If the parties are unable to select a mediator from the list, the mediator shall be selected by the alternate striking of mediators by the parties. The parties shall flip a coin to determine which party strikes first. The mediator selected shall meet with the parties and may meet separately with each party in an attempt to resolve the grievance. The cost of mediation shall be borne equally by the parties. The mediation shall be held within thirty (30) days of the selection of the mediator, unless the parties mutually agree otherwise. B. Arbitration Failure of the Union to invoke mediation shall constitute an abandonment of the grievance and acceptance of the City's position. If the grievance is not resolved through mediation under subsection A above, the grievance may be submitted to binding arbitration by the Union. Arbitration proceedings must be initiated by serving of a written request for arbitration by the Union within ten (10) calendar days after the mediation meeting referred to in subsection A above. Submission to the arbitrator shall be based exclusively on the written grievance as submitted in Steps 1, 2 and 3 of the grievance procedure and shall include a copy of this Agreement. Fire Collective Bargaining Agreement 2011 -2014 13 Section 6.4: Selection and Cost of Arbitrator. As soon as the request for arbitration is served as is conveniently possible, the parties shall meet or confer by telephone in order to select an arbitrator to hear and decide the grievance. If the parties are unable to agree to an arbitrator, the matter will be referred to the arbitrator as provided in Section 6.9. Subject to Section 6.5, the arbitrator selected shall decide the dispute and such decision shall be final and binding on the parties and the employees. The expenses of the arbitrator shall be borne equally by the parties; and, each party shall be responsible for its own attorneys' fees, any court reporting services it wishes to use, and the wages of employees, whether they be witnesses, potential witnesses, representatives, or grievant, it utilizes in any arbitration proceeding. Section 6.5: Authority of Arbitrator The jurisdiction of the arbitrator is limited and confined to determining whether there has been a violation of the express terms of this Agreement. The arbitrator shall in no way alter, amend, or modify the terms of this Agreement. The arbitrator shall not award any monetary relief to any employee who has not filed and processed a grievance signed by the employee and filed and processed in a timely manner. In the event the City should voluntarily agree to arbitrate an employee disciplinary grievance, it shall notify the Union after the grievance has been placed in writing in accordance with the City PRR, and upon such notice, the grievance shall be handled in accordance with this Article, provided, the arbitrator shall have no power to substitute his judgment for that of the City as to the penalty imposed so long as he finds under the City PRR that the City had just cause for disciplinary action. Fire Collective Bargaining Agreement 2011 -2014 14 Section 6.6: Time Limits The time limits set forth in Sections 6.2 and 6.3 are to be considered of the essence of the grievance and arbitration procedure and failure of the employee or the Union to meet any time limit set forth therein shall be irrebuttable and conclusively deemed to constitute waiver of the grievance and acceptance of the City's position. The time limits in Sections 6.2 and 6.3 may be extended in writing by mutual consent of the parties. Section 6.7: Burden of Proof. The party referring the matter to arbitration shall have the burden of proving a violation of the contract by a preponderance of the evidence. Section 6.8: Precedent In order to encourage prompt resolution of grievances, agreements and compromises of grievances made under Sections 6.2 and 6.3 shall not be cited by either party as precedent in any subsequent arbitration proceeding without the consent of the other party. Section 6.9: Arbitrators A. Within ten (10) calendar days from receipt of the notice of the intent to invoke arbitration, if the parties are unable to agree to an arbitrator to decide the dispute, the Union shall obtain a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service, all of whom must reside in the State of Florida. The Union shall supply the City with a copy of the list of arbitrators. The Union and the City will alternately eliminate one at a time from said list of names of persons until only one remains, and that person will be the arbitrator. The City and the Union will alternate in the right to first strike names in successive arbitrations. Fire Collective Bargaining Agreement 2011 -2014 15 B. As promptly as possible after the arbitrator has been selected, he should conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the employee or employees aggrieved, the City and the Union in writing. It shall be the obligation of the arbitrator to make his best effort to rule within twenty -one (21) business days after the hearing. Section 6.10: Grievances by Non -Union Member When the Union refuses to process a grievance for an employee because of the employee's non - membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations, of the Union under this Article and any other Article that may apply to his /her grievance. Section 6.11: General A. Any grievance that affects more than one (1) bargaining union member shall be considered and arbitrated as one (1) grievance. B. The filing of a grievance shall in no way interfere with the right of the City to proceed to carry out its management responsibilities, subject to the final resolution of the grievance. The employee and the Union shall abide by the management decision involved in any grievance prior to and during the time the grievance has been filed and being finally resolved. C. Either party that looses any part of the grievance shall pay the entire cost of the Arbitration proceedings. Fire Collective Bargaining Agreement 2011 -2014 16 Section 6.12: Time Off /Pay Step 1 of the grievance procedure shall be carried out during the employee's work hours at a time and place designated by the Chief based on operational needs, and the employee shall lose no pay. The City shall determine when Steps 2, 3 and 4 shall be processed, and if the Step or Steps are processed during their scheduled working hours, neither the employee, Union President or his designee, nor the grievant shall lose pay. Employee witnesses, other than grievant, whom the City Manager may at his option choose to interview under shall lose no pay if interviewed during their working hours, and if interviewed after or before such hours, shall be paid for such time as if they were performing other work for the City. Otherwise, the City shall not be responsible to pay any employee representative, officer or agent of the Union for any time spent processing grievance matters, but will allow one such person plus the grievant per grievance reasonable time off without pay for said activities upon reasonable prior notice if in management's opinion work requirements will allow such absence. Section 6.13: Limitations Violations of Sections 2.2 shall not be subject to this Article VI unless mutually agreed by the Parties. Section 6.14: Reimbursement. Any grievance regarding Article 17.2 & 17.3 resolved in the favor of the Union at Step 3 of the grievance procedure, shall include any lost compensation to the grievant, if a direct loss is found by the City Manager. Fire Collective Bargaining Agreement 2011 -2014 17 Section 6.15: Criminal Process Any bargaining unit member charged with a criminal offense shall be placed on leave with pay and must use his /her paid time off for two (2) weeks while the City concludes an investigation. If the employee has no paid time off, then the time off would be unpaid. The City shall proceed with administrative action any time after the expiration of the above two week time period. Fire Collective Bargaining Agreement 2011 -2014 18 ARTICLE VII: PROMOTION Section 7.1: Promotion Eligibility List and Promotion A. 1. This Article is promulgated to establish procedures to be followed in the selection of departmental personnel for promotion to the ranks of Lieutenant and Engineer. All Lieutenant examinations will be given in the month of June on even numbered years and all Engineer exams will be given in the month of June on odd numbered years. The lists for each position will be established for the two -year period. If the list is exhausted new examinations will be given earlier as determined by the Chief in order to facilitate operational needs. Only employees whose last two (2) annual job performance evaluations were "above operational" or better and whom the Chief determines meet the minimum qualifications in the job description for the position will be eligible to take the test and they must have combat experience as provided below: Engineer — Three years with the Ocoee Fire Department, possession of a Driver /Operator certificate of completion from an accredited institution, completion of Company Officer (40 hours) and Tactics and Strategy I & II (80 hours) or an A.S. degree in Fire Science. Lieutenant — Five years with the Ocoee Fire Department, completion of Fire Officer I and /or an A.S. degree in Fire Science, and hold the rank of Engineer. 2. The Chief will publish the minimum qualifications as set forth in the job description and of the study references on the City bulletin board at each station not less than ninety (90) days in advance of the examinations. 3. Employees who wish to be placed on the promotion list must notify the Chief in writing not less than thirty (30) days of the first test given for the year for the position. Fire Collective Bargaining Agreement 2011 -2014 19 B. The Chief shall recommend the contents of the test and the minimum passing score for each position to the City Manager, who shall consider the Chiefs recommendation and determine same. The Chief shall set the minimum standard for other practical testing. C. The promotional eligibility list will be comprised of the candidates who have the minimum passing test score. One -half point for each year of continuous service as an Ocoee Fire Department employee (1/2 X years) will be added to the candidate's passing score to establish the final rank order eligibility list. D. 1. Employees with more than one written warning that is discipline such as (i.e. more than one written warning, suspension and /or demotion and /or rejection of probation) within one year prior to the last date for applying for the tests shall not be eligible to apply. 2. Employees who are on the eligibility list who received more than one written warning or more severe discipline after they were placed on the eligibility list shall not be considered for promotion until they have received no disciplinary action for three hundred sixty -five (365) days, after the latest action. E. If the vacancy is not filled as provided above, the Chief may fill the vacancy as he deems fit. provided he may not fill the position with a non - employee or employee who does not take and pass the same test as given all eligible employees who apply to take the test. F. Any Employee that is promoted from firefighter to engineer shall receive 7% pay increase, effective the date of the promotion. Fire Collective Bargaining Agreement 2011 -2014 20 Any employee that is promoted from engineer to lieutenant shall receive a 10% pay increase, effective the date of the promotion. Any COLA raise will have no bearing effect on promotional raises. Section 7.2: Application of City PRR City Personnel Rules and Regulations shall not apply to Article VII. Section 7.3: Union Representation. All promotional exams will have a union representative of the unions choice, that is not involved in the promotional process, present during written test, practical test, scenario based evaluation and accumulation of all test scores for a combined total score for each promotional candidate. When a candidate is testing for position of lieutenant a lieutenant will be present. When a candidate is testing for engineer an engineer will be present. Fire Collective Bargaining Agreement 2011 -2014 21 ARTICLE VIII: VOTING Employees, who are on duty on an election day, will be allowed to take time off without loss of pay to vote on City Property or at other polling places within the City. The time they take off to vote will be determined by the Chief. All other employees shall vote on their own time — by absentee ballot or as otherwise permitted by law. If an employee who is not scheduled to work on an election day whose voting precinct is not in the City of Ocoee is called into work so that he /she cannot vote on his /her own time, the Chief shall make operational arrangements for the employee to vote without loss of pay. Fire Collective Bargaining Agreement 2011 -2014 22 ARTICLE IX: SPECIAL MEETINGS The City (One member of Fire Department management and one member of the Human Resource Department) and the 2 Union officers shall meet and confer on matters of interest upon the request of either party. Such special meetings shall be held on a date and at a time and place mutually agreeable to the parties. The Union shall have the right, at these meetings, to recommend to the Management, corrections of any inequities known to the Union; however, the City shall not be obliged to take any action based on such recommendations. Meetings held under this Section shall not be considered a substitution for the grievance procedure or the right to collective bargaining under the Public Employees Relations Act. Fire Collective Bargaining Agreement 2011 -2014 23 ARTICLE X: NON - BARGAINING UNIT EMPLOYEES The City may use non - bargaining unit employees to perform non - emergency work when the City determines it is operationally required so long as bargaining unit are utilized for emergency work when outside fire department personnel are_requested for manpower emergencies. Fire Collective Bargaining Agreement 2011 -2014 24 ARTICLE XI: INSURANCE AND PENSION Section 11.1: Insurance During the term of this Agreement, the City shall provide the same health, medical, dental insurance, and short/long term disability under the same terms and conditions for bargaining unit employees and their dependants that it provides for the City's non- bargaining unit, non - exempt employees and their dependents. During the term of this agreement should the City decide to change premiums, co -pays, co- insurance and /or provide incentive programs, the bargaining unit employees will be required to participate as all other non - bargaining unit employees. Bargaining Unit Members that fail to show up for a scheduled appointment at the health center shall pay a scheduled $25.00 charge. Section 11.2: Pension All bargaining unit positions and employees in those positions, covered by this Agreement, shall be covered by the FS Chapter 175 Plan as established by the City of Ocoee provided they meet the eligibility requirements of same. All employees shall increase their pension contribution from 7.6% to 8.0% of pension wages. Effective October 1, 2011, the Pension Ordinance shall be amended to CAP the percentage of pension entitlement to 91.0% maximum entitlement for any employees hired after October 1, 2011. The City agrees to contribute no less than 12% of the fire unit member's payroll to the Pension Fund during the term of this agreement. Accrued paid time off at separation will not count toward final average compensation for pension benefits, effective October 1, 2012. Fire Collective Bargaining Agreement 2011 -2014 25 For purposes of Pension calculation, the employee shall receive monetary credit as part of their final average compensation for up to 300 hours of overtime as per State Statute. *Members who enter the Deferred Retirement Option Plan (D.R.O.P.) after October 1, 2011 shall receive a maximum of 2% interest on their D.R.O.P. account contributions. During the term of this agreement the City and the Union agree that any funds received under F.S. Chapter 175 (Insurance Premiums) shall be deposited into the Pension Fund to defray the increased costs of new benefits purchased prior to October 1, 2011. Section 11.3: Pension Multiplier The City and the Union agree that the pension multiplier will remain at 3.5% for the term of this agreement. Section 11.4: VEBA — Other Post - Employment Benefits The parties agree to participate in a Voluntary Employee Benefits Association — VEBA. The City will enter into an arrangement with a company to create the VEBA and the City will be the plan sponsor. Union members will contribute .5% of any annual pay increase starting October 1, 2012 to a VEBA account that will be managed by the City. The employees will have the opportunity annually in the month of September to sell back 20% of their paid time off accrual for cash, however, 5% of the 20% will be placed in the VEBA account. The remaining 15% will be paid to the employee. The employee must have a minimum of 60 hours to participate in this program. Any bargaining unit employee who terminates, Fire Collective Bargaining Agreement 2011 -2014 26 resigns, retires or otherwise leaves employment with the City, must contribute 25% of the accrued time off paid to any such employee upon leaving employment, to the employees VEBA account. In addition 12 hours of paid time will be contributed to the employees VEBA account the first payroll after October 1 of each year instead of increasing the Floating Holiday time. Fire Collective Bargaining Agreement 2011 -2014 27 ARTICLE XII: STRIKES The Union and bargaining unit members shall not promote, sponsor, engage in, or condone any work stoppage, boycott, slow -down, strike, disruption of City operations, picketing or other withholding of limitation of services for any reasons and shall abide with F.S. §447.505. Fire Collective Bargaining Agreement 2011 -2014 28 ARTICLE XIII: SHIFT SWAPS Section 13.1: Application Shift swaps shall be submitted sixty (60) hours prior to the beginning of the shift swap sought and must be approved in advance by the Chief, or his /her designee, in writing. Section 13.2: Payback. All pay back will be within one hundred twenty (120) days of the shift swap. Employees shall not be entitled to working out of classification compensation. Section 13.3: Authorization. The appropriate form must be completed and signed by each employee and their respective supervisor before the shift swap can be made. Section 13.4: Emergencies The only exception to the Section 13.1: Application will be in the case of an emergency. Section 13.5: Qualifications Employees must shift swap with employees qualified to work in that classification. If staffing allows for the day, EMTs shall be permitted to shift swap with paramedics, if this does not create an overtime need at the time the shift swap request is submitted. If the employee that was scheduled to swap is moved to a ride up position, that employee shall receive ride up pay. Fire Collective Bargaining Agreement 2011 -2014 29 ARTICLE XIV: HOLIDAYS Section 14.1: Days Observed A. The observed holidays are: January 1 January — Third Monday May — Last Monday July 4 September — First Monday November — Fourth Thursday November — Fourth Friday December - 24 December 25 Section 14.2: Eligibility for Hol iday Pay. New Year's Day Martin Luther King, Jr. Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day A. An employee must be on an approved paid leave or work the normal schedule of hours, on the regularly scheduled working day immediately prior to and immediately following a holiday, in order to qualify for the holiday time or pay. Absences not approved in advance, including any "call in" may not be approved depending on whether the employees' excuse and verification of the reason for the absence are acceptable to management, which, may at its option, require documentation as well as any other evidence it deems necessary. B. Holiday Pay Full -time non - exempt employees, on a 24/48 schedule in the Fire Department shall be twelve (12) hours at their straight time hourly rate. C. When a non - exempt employee on a 24/48 hour schedule within the Fire Department works on a scheduled holiday, the employee shall receive holiday pay, if he /she meets the eligibility requirements, plus time and one half (1 '/2) his /her straight time rate. Fire Collective Bargaining Agreement 2011 -2014 30 D. When an employee is scheduled to work on a holiday but fails to do so, other than pre- arranged pto, the employee will not receive the 12 hours of holiday pay. Fire Collective Bargaining Agreement 2011 -2014 31 ARTICLE XV: PAID TIME OFF Section 15.1: Eligibility A. Only full -time employees and full -time probationary employees will be allowed to accrue paid time off (PTO). B. Full -time probationary employees shall accrue paid time off during their initial probationary period but shall not be permitted to take same during the initial six (6) months of employment unless approved by the Fire Chief. Paid time off not taken by a full -time employee who does not successfully complete the first six (6) months of the initial probationary period, including resigning, shall not be paid any accrued hours upon termination of employment. C. Any employee within the initial one -year probationary period of time that calls off work for any reason and either has no advanced written approval or cannot secure a shift swap or cannot show an emergency reason for calling off may be subject to a written warning for failure to report to work as scheduled. Section 15.2: Accrual of Leave Effective the second pay period after ratification of the Collective Bargaining Agreement by the bargaining unit and the City Council: Each employee shall receive an additional 24 hours of paid time off added to their accruals after October 1 St each year and only after the employee has worked for the City for one year. Fire Collective Bargaining Agreement 2011 -2014 32 A. Full -time employees earn Paid Time Off (P.T.O.) as follows One through five years of service - 10.62 hours bi- weekly (276.16 hours per year) Six through ten years of service - 13.39 hours bi- weekly (348.18 hours per year) Eleven years + 15.23 hours bi- weekly (396.00 hours per year) B. A full -time employee can only accrue up to 580 hours of paid time off. Section 15.3: Charging Leave Paid time off leave for employees will be charged at hour for hour of the time taken off from the employee's shift. Section 15.4: PRR The other rules and conditions with respect to paid time off are as set forth in the PRR. However, any employee requesting time off shall request no less than 4 hours minimum, except for approved educational purposes. Section 15.5: PTO Per Shift. Three (3) rank and file employees will be allowed to use paid time off /comp time leave per shift. Only Light duty absences (which occur for only work related injuries), and FMLA absences and permanent vacancies will not count toward the shift vacancies. Fire Collective Bargaining Agreement 2011 -2014 33 ARTICLE XVI: USE OF PERSONAL VEHICLES When employees are required -by management to use their own vehicles for City business, transferring to a station other than the one to which the one they were assigned to report they shall be entitled to be paid mileage under the same terms and conditions as other City employees, as provided in Section 10 of the PRR. Fire Collective Bargaining Agreement 2011 -2014 34 ARTICLE XVII: HOURS OF WORK AND WORK SCHEDULE Section 17.1: Basic Work Schedule A. The basic work schedule shall be twenty -four (24) hour shifts on and forty - eight (48) hours off with a starting time of 7:00 a.m. and the regular work period shall be one hundred fifty nine (159) hours in a twenty -one (21) day period for employees on a Section 7(k) schedule. The City agrees not to change the starting or ending time for the regular work schedule, except, in the case of a temporary emergency, without notice to the Union and upon a request from the Union made within ten (10) calendar days after notice of the schedule change, the parties shall meet and negotiate the impact of same. Absent mutual agreement, any dispute arising under this Section will be resolved under the Fl. St. 447, impasse resolution process. B. Lunch Periods are scheduled at the discretion of the Chief, or the Chief designee. Section 17.2: Overtime A. Non - exempt employees are to report all hours worked. Non - exempt employees should not begin work before the beginning of their schedule or after the end of their schedule without permission; however, if they do perform work before or beyond their schedule, they are to report it as hours worked on their time sheet or record. Overtime will be authorized or directed only when it is in the interest of the City and is the most practicable and economical way of meeting workloads or deadlines. B. All non - exempt hourly employees, except employees on a Section 7(k) schedule in the Fire Department, shall be paid time and one -half their regular hourly rate of pay for all hours in excess of forty (40) in a work week. Fire Collective Bargaining Agreement 2011 -2014 35 C. Non - exempt employees in the Fire Department on a Section 7(k) schedule will receive overtime pay in accordance with the Fair Labor Standards Act for all hours worked in excess of one hundred fifty -nine (159) hours in a twenty -one (21) day work cycle. Effective the first pay cycle of July 2002, hours of work between one hundred fifty - nine (159) and one hundred sixty -eight (168) in a work cycle shall be paid at additional half -time, while hours worked over one hundred sixty -eight (168) in a pay cycle shall be paid at time and one -half on the same basis as in the past. D. For the purposes of overtime computation, PTO not approved in advance of 46 60 hours, jury duty, annual military leave and other absences from duty, whether paid or not, shall not be considered as time worked , provided, however, paid holidays and paid personal leave used for a scheduled vacation shall be considered for employees on a Section 7(k) schedule as up to twenty -four (24) hours worked. E. Employees shall be required to work overtime when assigned unless excused by supervision. An employee desiring to be excused from overtime work assignments for good and sufficient reasons shall submit a request to the immediate supervisor, in accordance with the overtime SOP. Section 17.3: Assignment of Overtime When the Battalion Chief or his /her designee determines there is a need to schedule personnel for scheduled overtime, the following procedure will apply. Basically, a classification for classification replacement will be utilized, unless otherwise directed by management. All combat personnel will be placed in one of the four following categories according to their current rank and /or EMS licensure: Lieutenant, Engineer, Firefighter /PM, and Firefighter /EMT -B. Fire Collective Bargaining Agreement 2011 -2014 36 Example 1: If three (3) personnel are on PTO and FF /PM calls in sick, the Battalion Chief will reference the FF /PM overtime list to hire his /her replacement. This process will repeat itself accordingly for all four (4) lists. Example 2: If an individual is scheduled to ride out of grade and calls in sick, generating overtime, the Battalion Chief will hire overtime off the list that the individual was scheduled to ride up in. Example 3: If three (3) personnel are on PTO and a FF /PM is on light duty or a vacancy, the Battalion Chief will reference the FF /PM overtime list to hire his /her replacement. This process will repeat itself accordingly for all four (4) lists. The current overtime lists will be maintained by the Battalion Chief in their office, and on the City of Ocoee O:/ drive in a read only file. This list will cycle through all personnel, year to year, and continue reverting back. Personnel contacted for the scheduled overtime assignment will have the opportunity to either accept or refuse the assignment. If the assignment is accepted and that person works eight (8) or more hours that person will be placed on the bottom of the list. When a scheduled overtime phone call results in a voicemail, answering machine or a "no answer ", said individual will be placed at the bottom of the list. When hiring overtime for the next shift, the Battalion Chief will make one attempt at contacting the emergency callout number and leave a message with the time of contact. That will constitute a contact and that person will be placed on the bottom of the list. When hiring overtime that is more than one shift away, the Battalion Chief will wait a few minutes and then move on to the next person and follow the above procedure. Fire Collective Bargaining Agreement 2011 -2014 37 If after following the procedure outline above, no employee that management considers qualified accepts the overtime, the Battalion Chief will assign overtime as he /she deems appropriate. If no employee accepts overtime, the least senior employee in the needed classification on the off -going shift will be held to work overtime. When overtime is forced, based on classification, the forced overtime will be rotated through all members in that classification on that particular shift, to ensure the same member is not continually forced to work the overtime assignment. Section 17.4: Compensatory Time Off. For overtime assignments worked that are not "shift assignments ", the City and the Union agree the bargaining unit members shall have the option to defer the payment of overtime by selecting compensatory time off in lieu of payment for the time worked. The maximum number of compensatory time -off hours accumulated may not exceed 72 total hours. The employee may request compensatory time off in accordance with the other time off provisions within this Agreement. All hours accumulated and not used by the employee by September 30 of each year, shall be contributed to that employees VEBA account. Fire Collective Bargaining Agreement 2011 -2014 38 ARTICLE XVIII: LIGHT DUTY Section 18.1: Compensation. Light Duty shall be provided, only for work related injuries and if the City assigns an employee light duty in a position not on a 24/48 schedule, the employee will be paid one and four tenths (1.4) times the employee's regular hourly rate but only for hours actually worked; provided, as if they were still on a 24/48 schedule however, unless otherwise required by law, the total earned or received from all sources, including STD, LTD, paid time off leave and worker's compensation, will not be more than the employee's regular pay for the normal 56 hour workweek, and to the extent necessary to effectuate said limitation, the benefits referred to above shall be reduced. Light Duty, if assigned, will begin as and when determined by the Chief. Section 18.2: Determination Light duty shall be performed within the Ocoee Fire Department if the Chief determines it is available. If the Chief determines it is not available, light duty shall be performed wherever assigned by the City. Light duty shall neither be automatically provided within the stations nor as a 24 hour shift and shall be at the sole discretion of the Chief. Fire Collective Bargaining Agreement 2011 -2014 39 ARTICLE XIX: WAGES Section 19.1: Pay Increases Effective April 1, 2012, all bargaining unit members shall receive a 3% increase to their base rate of pay. Effective October 1, 2012, all bargaining unit members shall receive a 2.5% increase to their base rate of pay, however, .5% of that amount shall be contributed to the members VEBA account. Effective October 1, 2013, all bargaining unit members shall receive a 2.5% increase to their base rate of pay, however, .5% of that amount shall be contributed to the members VEBA account. Section 19.2: Paramedic Incentive Pay Personnel that possess and maintain a Certified Orange County Paramedic certification shall receive an hourly rate increase ($2.49 per hour) equal to $7,250.00. No other wage increases shall be provided through the term of this agreement. Section 19.3: Other Incentive Pay A. The City agrees to pay up to four (4) employees $500.00 per year that are fluent in the Spanish language. B. The City agrees to pay up to 6 employees for EMS Preceptor, $1000.00 per year (max of 2 per shift). The Fire Department shall post the requirements for preceptors. Section 19.4: Additional Compensation (Me Too Clause) During the term of this agreement, any compensation above and beyond what the City and the Union have agreed to within, paid to those employees covered by the police Fire Collective Bargaining Agreement 2011 -2014 40 bargaining unit, the City agrees to increase the compensation /benefits to the unit members of the IAFF in an equal amount. Compensation would include pay increases and /or any other benefits that indirectly supplements income, i.e. paid time off, working out of class, education and other incentive type compensation. Fire Collective Bargaining Agreement 2011 -2014 41 ARTICLE XX: UNIFORMS AND EQUIPMENT Section 20.1: Uniforms Uniform classes are described in SOP's as of October 1, 2010. Shorts will be allowed from April 1 st to October 31 st Class A to be worn on official duties (i.e. Funerals) Class B to be worn for PR events, company inspections, and station tours Class C to be worn for day to day operations Class D to be worn after 8pm Section 20.2: Initial Issue New employees will be issued the following clothing. Shirts will be navy blue or grey in color. Complete Initial issue will be distributed within 30 days of hire or promotion. 1 Blue Dress shirt, short sleeve 1 Blue Dress shirt, long sleeve 1 Tie 2 Pant — plain blue, Class A 4 Pants — Black BDU 2 Pant — Black BDU shorts 6 T -Shirts 2 Gym shorts 1 Sweat pants 2 Sweat shirts 1 Pair Uniform shoes /boots 1 Badge 1 Sets collar brass 1 Name tags 1 Time of Service tags 1 Raincoat 1 Winter coat 1 Baseball Cap 1 Belt 1 Complete set of approved Bunker Gear Fire Collective Bargaining Agreement 2011 -2014 42 Section 20.3: Replacement. A. The Chief will notify employees of acceptable vendors from whom employees may obtain replacements. An SOP will be available to all employee's on the replacement procedure, current balance, products and current vendors available to employees by October 31 of each year. 1. Employees can replace said items from 20.2 with the applicable allowance. 2. The City will replace coats, pants and caps of the dress uniform, winter coat, collar brass, bunker gear, badge, raincoat, name tag, tie, time in service tag and other items required to be worn by the City but not listed in Section 20.2 at no cost to the employee when based on normal wear and tear. C. All employees who have at least one (1) year of continuous service shall be credited with a vendor /vendors selected by the City a one time clothing /shoe allowance by October 31 of each year in the following amounts: Shift bargaining unit employees -- $350.00 Amounts credited that are not used by September 1 St of the year or upon the cessation of employment shall revert back to the City. The employee may draw on the allowance at the approved vendor. Amounts credited that are not used by September 30 of the year or upon the cessation of employment shall revert to the City. All uniform items required upon promotion will be issued at no cost to the employee. FF to Engineer: 1 Badge Fire Collective Bargaining Agreement 2011 -2014 43 Engineer to Lieutenant: 1 Badge 1 Set Collar Brass 1 Name Tag 2 White Dress shirts, short sleeve 1 White Dress shirt, long sleeve 6 T -shirts Section 20.4: Maintenance Employees shall be responsible for repair and maintenance of the uniform and all items issued to them for their use by the City, and shall come to work in clean, neat and undamaged clothes, including undamaged uniforms and other clothes. Section 20.5: Changes The City shall establish a Uniform Committee from Labor and Management to review, modify and make changes in the uniform (i.e. color, style, material). The Committee is made up of two (2) members of Management, two members of the (2) Union, and one (1) person chosen by the other four (4) members. Decision made by the committee shall take effect within sixty (60) days or within a reasonable timeframe and within budget constraints of 20.3. Fire Collective Bargaining Agreement 2011 -2014 44 ARTICLE XXI: PROBATIONARY PERIOD Section 21.1: Initial Probationary Period The initial probationary period for new employees, accumulation of benefits, continuous service credit, participation in benefits, disciplinary actions and continued employment for bargaining unit employees shall be the same as for all other non - exempt City employees, unless otherwise specifically provided in this Article. Section 21.2: Promotional Probation Employees promoted to a higher rank shall serve a six (6) month probationary period. During this six (6) month period the employee will not be required to work a higher classification. Section 21.3: Grievances Unless specifically provided in this Agreement, employees who have not successfully completed their initial probationary period under Section 21.1 shall not have access to Article VI. Section 21.4: Transfers and Waiving Probation To be considered for a transfer into or the employment in the position of Firefighter from within or from outside the OFD the following shall be required: A. An application must be filed during the period of the annual advertisement. B. The applicant must be determined by the Chief to meet all of the minimum qualifications established by the Department and City. C. If determined to meet all the minimum qualifications, the applicant must pass all written, practical and other tests established by the Department with the passing grade established by the Chief. Fire Collective Bargaining Agreement 2011 -2014 45 D. If an employee, the applicant's last job performance evaluation must have been "above operational" or better and none of the applicant's last three (3) job performance evaluations were below "operational." E. If an employee, not have had a written warning or more severe discipline in the last twelve (12) months prior to applying. F. Persons hired or employees transferred into the Fire Department shall be required to successfully complete the Departmental probationary period during which time they shall serve at the will and pleasure of the Chief as employees of the City as well as in their position in the Fire Department. Any City employee transferring to a position covered by this bargaining unit within the Ocoee Fire Department from any other division /department shall start at the entry rate of pay, according to the prevailing pay plan. Fire Collective Bargaining Agreement 2011 -2014 46 ARTICLE XXII: REDUCED ACTIVITY PERIOD Section 22.1: Hours. Subject to operational needs, there shall be a period of reduced activity on each shift which should normally run from 1700 to 0630. Section 22.2: Activity During the reduced activity period, on -duty employees shall be in Class A, B or C uniform and be ready to respond immediately to calls in the uniform determined by SOP or the shift commander. After 1700, the on -duty crew shall complete the station duties for the day not yet completed before the reduced activity period, as well as other duties which the Chief, or his /her designee, determines are necessary to be completed before the end of the shift. Section 22.3: Good Health Activities Unless assigned to other duties during the reduced activity period, each employee shall engage in a minimum of one (1) hour each shift in walking, running, jogging or other approved activities. Such activities shall be conducted at the station or at a location designated by the Chief or his /her designee, so the employee will be immediately available for duty during such activity. Concentration should be placed on warm -up exercises, to include stretching and flexing to prevent injuries. Exercise should also include aerobic strength training programs. Competitive and contact sports are not an approved form of exercise and are not permitted in the Department. Section 22.4: Emergencies Hurricanes, riots, floods or emergencies that demand extended tours of duty or recall duty will permit use of beds at the discretion of the Battalion Chief. Fire Collective Bargaining Agreement 2011 -2014 47 Section 22.5: Contact Sports There shall be no contact sports while on duty at anytime, including but not limited to basketball, football or soccer unless specifically approved by the Chief or his /her designee. Section 22.6: Adverse Weather Protocol. The City and the Union agree to follow the general protocols promulgated by Orange County Fire Rescue regarding adverse weather issues. Fire Collective Bargaining Agreement 2011 -2014 48 ARTICLE XXIII: CONTINUOUS EMPLOYMENT Section 23.1: Paid Time Off When one (1) or more bargaining unit employees seeks to use paid time off leave for vacation under the City PRR, the employee with the most time in each position will be given preference unless the Chief, or his designee, determines such a preference in a particular instance will interfere with Departmental operations. Vacations (initial picks) shall be picked according to rank, no more than five (5) consecutive shifts and not more than ten (10) shifts in a calendar year. Lieutenant 1 S pick Engineer 2nd pick Firefighter 3 rd pick Section 23.2: Floaters The Battalion Chief on duty will make the determination to float the necessary personnel to the station that requires the manpower, in order to meet operational needs. Section 23.3: Layoff and Recall Layoff and recall shall be in accordance with the City PRR. Fire Collective Bargaining Agreement 2011 -2014 49 ARTICLE XXIV: PERSONAL PROPERTY REPLACEMENT The City agrees to reimburse employees the cost of replacing or repairing prescription eyeglasses but not contact lenses and wristwatches destroyed or damaged in the line of duty unless caused by the negligence of the employee subject to the following conditions: 1. The maximum reimbursement for prescription eyeglasses shall be $150.00 and for wristwatches shall be $50.00. 2. The employee must make the claim during the shift on which the destruction or damage occurred, and turn in the destroyed or damaged item. At its option, the City may elect to replace the item rather than reimburse the employee for same. Fire Collective Bargaining Agreement 2011 -2014 50 ARTICLE XXV: SAFETY, HEALTH AND PHYSICAL FITNESS Section 25.1: General As part of its commitment to the safety, health and physical fitness of its employees, to provide a safe place for its employees to work, and to promote physical fitness for its employees, the City and the Union will cooperate in the continuing objective of eliminating accidents and health hazards. The City and the Union will cooperate in the enforcement of safety rules and regulations and shall promote sound safety practices for the protection of employees. The City further agrees to promote physical fitness by providing time, equipment and educational material, as it deems appropriate. All new employees must be tobacco free for at least one year before initial employment. All new employees hired after October 1, 2005 must remain continually tobacco free in order to maintain continued employment with the City of Ocoee Fire Department. Section 25.2: Equipment All protective devices, bunker gear and other equipment required to be worn or used by the City, shall be provided by the City. Such protective devices, bunker gear and equipment when provided, must be used. The Union agrees that neglect or failure by an employee to obey safety regulations or to use or maintain the safety equipment furnished by the City shall be basis for disciplinary action up to and including termination. The fire station, all equipment and apparatus shall be maintained by employees in a manner that will promote the elimination of accidents and make the workplace safer and less likely to cause injuries. All employees are to report any and all unsafe conditions to the Fire Chief whenever found, immediately. Fire Collective Bargaining Agreement 2011 -2014 51 The Union may consult with the City's safety representative and make recommendations in safety matters. Section 25.3: Medical Examinations A. Medical examinations will be required for all employees at least every other year and will be conducted by physicians selected by the City. The time necessary for the physical shall be scheduled on -duty and will be considered as time worked. The City shall pay for all medical and psychological exams (if necessary for fitness for duty issues). All physicals will be performed at the City of Ocoee Employee Health Center or a facility chosen by the City if the Health Center is not available. All medical examinations will include a test to determine the presence of illegal controlled substances. Employees hired after October 2005 will be tested for nicotine. B. Any medical or psychological exam that results in the employee being considered as unfit for duty, shall require the employee to use paid time off until a subsequent exam finds the employee fit for duty. Should the employee provide qualified medical information to return to duty before the City believes the employee may return, and a final determination is made that the employee could have returned sooner, then the City shall return that portion of the paid time off used after the documentation was provided. C. Present incentives will cease and future incentives will be based on City wide plans and subject to Health care plan for all other non - bargaining unit employees. Fire Collective Bargaining Agreement 2011 -2014 52 D. Physicals will include the following as determined by the Health Center medical staff: Vital signs including height, weight, blood pressure, temperature, pulse, PPD (TB test) and chest x -ray if indicated by the physician; Lab tests including Comprehensive Metabolic Panel, Lipid Panel, Uric Acid, Phosphorous -Serum HIV and ALT -SGPT; Audiometry; Vision Screening; Urine dip; Respirator exam; Resting (baseline) 12 lead EKG; Stress EKG (upon advice of the City- appointed Doctor); Hepatitis A & B shots, if necessary. Refusal or failure to take a medical or psychological examination required by the City will result in disciplinary action up to and including termination of employment. Section 25.4: Cooperation When an employee has a health - related problem that affects or may affect his or her ability to perform the essential functions of his or her job, the employee shall so advise the Chief for evaluation. An employee who has had medical treatment prescribed in order to resolve an actual or potential medical problem that affects or may affect the employee's ability to perform his /her job who fails or refuses to follow the medical treatment prescribed shall be subject to disciplinary action up to and including termination. Fire Collective Bargaining Agreement 2011 -2014 53 ARTICLE XXVI: WORKING OUT OF CLASSIFICATION Bargaining unit employees who work out of classification, in a higher classification, shall be paid a flat rate for the entire 24 hour shift 3 hours of continuous work in the higher classification. Compensation for working out of classification will be as follows: Firefighter working as an Engineer: $30.00 per shift Engineer working as a Lieutenant: $55.00 per shift Lieutenant working as a Battalion Chief: $150.00 per shift The City and Union agree a list of lieutenants who wish to work out of class as a battalion chief, shall be used on a rotating basis, when the department determines the need to fill the position. Fire Collective Bargaining Agreement 2011 -2014 54 ARTICLE XXVII: EDUCATION The Education Incentive Program shall be a reimbursement plan and any courses and programs will be approved solely by the Chief and in accordance with the guidelines and any changes deemed necessary by the Education Committee. Fire Collective Bargaining Agreement 2011 -2014 55 RATIFICATION This collective bargaining agreement was ratified by the parties on the dates set forth below: Date Ratified: February 1, 2012 t e ; rnational Association of Fighters, Local 3623 Date Approved: ZOO L= VY1GF2.t'1 C-� i erk, City of Ocoee By: James Kelley By: Beth Eikenberry Fire Collective Bargaining Agreement 2011 -2014 57 ARTICLE XXVIII: DURATION This contract shall remain in full force and effect through midnight September 30, 2014, and shall automatically renew itself for periods of one (1) year unless either party delivers to the other written notice of its intent to terminate or modify this contract not less than ninety (90) calendar days before September 30, 2014 I nafional Association of Fir6J fighters, Local 3623 Date: l 1 Robert Frank, City M Hager Date: S'� / Z Name Chri c lien Date: /VZ� / /// Name Ry Date: Name Came fon /outland Date: 1 / 2 a l',P- 9 at e James c.ar icella e: 2 t Fire Collective Bargaining Agreement 2011 -2014 56 Name ^i ei COLLECTIVE BARGAINING AGREEMENT BETWEEN FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. AND CITY OF OCOEE Effective Dates: October 1, 2012 to September 30, 2015 TABLE OF CONTENTS ARTICLE I: RECOGNITION AND INTENT Section1.1 Parties ............................................................ ............................... 1 Section1.2 Recognition ..................................................... ..............................1 Section 1.3 Entire Agreement ........................................... ............................... 1 Section 1.4 Effect of Laws and Ordinances ...................... ............................... 2 ARTICLE 2: DECLARATION OF PRINCIPLES Section 2.1 Non - Discrimination ......................................... ............................... 3 ARTICLE 3: UNION SECURITY AND CHECKOFF Section3.1 Dues ............................................................... ............................... 4 Section3.2 Amount ........................................................... ............................... 4 Section3.3 Remittance ..................................................... ............................... 4 Section3.4 Recourse ........................................................ ............................... 4 Section3.5 Minimum Pay ................................................. ............................... 5 Section3.6 Withdrawal ..................................................... ............................... 5 Section3.7 Indemnity ....................................................... ............................... 5 ARTICLE 4: UNION BUSINESS AND SERVICES 11 Section 4.1 Representation and Notice ............................. ............................... 6 Section4.2 Activities ......................................................... ............................... 6 Section4.3 Time ............................................................... ............................... 6 Section4.4 Visitation ........................................................ ............................... 7 Section 4.5 Solicitation and Distribution ............................ ............................... 7 Section 4.6 Time -Off Without Loss of Pay ........................ ............................... 8 Section4.7 Bulletin Boards ............................................... ............................... 8 Section4.8 Information ..................................................... ............................... 9 Section 4.9 Contract Review .................................. ..............................9 ARTICLE 5: MANAGEMENT RIGHTS Section 5.1 Functions of Management ................................ .............................10 Section 5.2 Operations and Direction of Work Force .......... .............................10 Section 5.3 Examples of Management Rights .................... .............................10 Section 5.4 Rules and Regulations ..................................... .............................10 Section 5.5 Grievances and Impact Bargaining ................ ............................... 11 Section5.6 Waiver ............................................................ ............................... 11 Section5.7 Emergencies .................................................. ............................... 11 Section5.8 Job Duties ...................................................... ............................... 11 ii ARTICLE 6: GRIEVANCE AND ARBITRATION Section6.1 Grievance ....................................................... ............................... 13 Section 6.2 Grievance Procedure ....................................... ............................. Section6.3 Arbitration ....................................................... ............................... 15 Section 6.4 Grievances by Non -Union Member .................. .............................16 Section6.5 General .......................................................... ............................... 17 Section6.6 Time Off/ Pay .................................................. ............................... 17 Section 6.7 Discipline Dispute Resolution Process - (DDRP) .......................... 18 ARTICLE 7: TRANSFERS Section7.1 Special Unit .................................................... ............................... 20 Section 7.2 Patrol Bidding Process ........................................ .............................20 Section 7.3 Patrol Vacancies .................................... ............................. Section 7.4 Other Vacancies .................................... .............................2 ARTICLE8: VOTING ......................................................... ............................... 22 ARTICLE 9: UNION /MANAGEMENT MEETINGS ............. ............................... 23 ARTICLE10: INSURANCE .................................................. ............................... 24 ARTICLE11. STRIKES ....................................................... ............................... 25 ARTICLE 12: HOLIDAYS Section12.1 Days Observed .............................................. ............................... 26 Section 12.2 Eligibility for Holiday Pay ................................ ............................... 2 Section12.3 Holiday Pay .................................................... ............................... 27 Cor+finn 1') a Pnv fnr Wnrk nn Holidav ................................ ............................... 27 Section 12.5 Floating Holiday ............................................. ............................... 27 ARTICLE 13: PAID TIME OFF Section13.1 Eligibility ......................................................... ............................... 28 28 Section 13.2 Accrual of Leave PTO .................................. ............................... 29 Section 13.3 Charging Leave .............................................. ............................... 29 Section 13.4 Leave Bank Pool ............................................ ............................... ARTICLE 14: HOURS OF WORK AND WORK SCHEDULE Section 14.1 Basic Work Schedule ..................................... ............................... 30 Section14.2 Overtime ........................................................ ............................... 30 Section 14.3 Assignment of Overtime ................................. ............................... 3 Section14.4 Court Time ....................................... ............................... .............. Section 14.5 Standby Duty On -Call Status ..... ............................... ..........32 iii ARTICLE 15: ALTERNATIVE DUTY ................................... ............................... 34 ARTICLE 16: WAGES Section16.1 Step Plan ....................................................... ............................... 36 Section 16.2 Step Plan Implementation ............................................................. 36 Section 16.3 Shift Differential, Assignment and Incentive Days ..................... Section16.4 VEBA .................................................. ............................. ARTICLE 17: UNIFORMS AND EQUIPMENT Section20.1 Cooperation ................................................... ............................... Uniforms Section 20.2 Unsafe Equipment.... ..................................................................... 38 Section17.1 ......................................................... Section17.2 Initial Issue ............................... ............................... 38 ..................................................... Section17.3 Replacement ............................... 38 .................................................. 45 38 Section 17.4 Maintenance ............................... .................................................. 47 39 Section 17.5 Clothing Allowance ......................................... ............................... ARTICLE 18: PROBATIONARY PERIOD Section 18.1 Initial Probationary Period .............................. ............................... 4 Section 18.2 Grievances... ................................................................................. 40 Section 18.3 Transfers, New Employees and Waiving Probation ....................... 40 ARTICLE 19: CONTINUOUS EMPLOYMENT (Seniority) Section Definition ........................................................ ............................... 41 Section 19.2 Benefits ............................... .. . ................................. ...................... 41 Section 19.3 Loss of Continuous Service ........................... ............................... 41 Section 19.4 Paid Time Off Leave - Priority ........................ ............................... 4 Section 19.5 Layoff and Recall ........................................... ............................... 42 ARTICLE 20: SAFETY, HEALTH AND PHYSICAL FITNESS Section20.1 Cooperation ................................................... ............................... 43 Section 20.2 Unsafe Equipment.... ..................................................................... 43 Section 20.3 Take -Home Vehicle Policy ............................. ............................... 43 Section20.4 Transport ............................... 45 ........................................................ Portable Radio ............................... 45 Section20.5 ............................................... Section 20.6 Firearms Training ............................... 45 .......................................... 45 Section 20.7 Physical Exams .............................................. ............................... Section 20.8 Fitness for Duty ............................... 47 .............................................. 47 Section 20.9 Drug and Alcohol Policy ................................. ............................... 48 Section 20.10 Random Drug Tests ...................................... ............................... Section 20.11 Notice of Health Related Problems ............... ............................... 48 Section 20.12 Tobacco Free Requirement .......................... ............................... 48 ARTICLE 21: WORKING OUT OF CLASSIFICATION ........ ............................... 49 IMA ARTICLE 22: MISCELLANEOUS Section 22.1 Locker and Shower Facilities ......................... ............................... 50 Section 22.2 Inspection of Lockers ..................................... ............................... 5 Section 22.3 Retirement Entitl ements ................................. ............................... 50 ARTICLE 23: CORPORAL RANK ....................................... ............................... 52 ARTICLE 24: OFF DUTY EMPLOYMENT ........................... ............................... 55 ARTICLE25: EDUCATION ........................................ ............................. ARTICLE26: PENSION .......................................... ............................... 58 ARTICLE27: DURATION ........................................... ............................. APPENDIX STEP PAY PLAN .............................................. ............................. APPENDIXB GRIEVANCE FORM ......................................... .............................61 v ARTICLE l: RECOGNITION AND INTENT Section 1.1: Parties This Agreement ( hereinafter "Agreement," "CBA" or "Contract ") is entered into by and between the City of Ocoee (hereinafter, "Employer ") and the Florida Police Benevolent Association, Inc. (hereinafter, the "PBA" or "Union "). Section 1.2: Recognition A. The City hereby recognizes the Union as the exclusive bargaining representative for all employees in the unit certified by the Public Employees Relations Commission certification in Case No. RC1674. B. The bargaining unit excludes the Chief of Police, Deputy Chiefs, Captains, Lieutenants, Sergeants, and all other employees unless specifically included in the bargaining unit certified by PERC, as well as the following positions: i. All sworn exempt staff assistants, regardless of rank, assigned to the administration of the Professional Standards Division. ii. All General employees assigned to the Police Department. Section 1.3: Entire Agreement This Agreement which becomes effective October 1, 2012 constitutes the entire Agreement and understanding between the parties and, subject to applicable law, shall not be modified, altered, changed or amended in any respect except on mutual agreement set forth in writing and signed by authorized representatives of both parties, and supersedes any and all previous agreements and understandings between the parties, either written or orally. Section 1.4: Effect of Laws and Ordinances In the event that any of the provisions of this Agreement shall be held in violation of any federal or state law as applied to this specific Agreement, such determinations shall not in any way affect the remaining provisions of this Agreement, unless otherwise provided by law. 2 ARTICLE 2: DECLARATION OF PRINCIPALS Section 2.1: Non - Discrimination Neither the Union nor the City shall illegally discriminate against any employee on the basis of race, color, religion, age, gender, legally recognized disability, political affiliation, national origin, or Union membership or non - membership. The use in this Agreement of the designation "he" in referring to any employee shall mean "he" or "she" wherever used. 3 ARTICLE 3: UNION SECURITY AND CHECKOFF Section 3.1: Dues The Employer will deduct bi- weekly Union dues from the paychecks of those Unit employees who authorize such deduction in writing in the manner allowed by law. Deductions will begin the second pay period after the Employer receives such written authorization. No deduction shall be allowed for payment of initiation fees, assessment or fines. Section 3.2: Amount The Union will notify the City Director of Human Resources (hereinafter "HRD ") as to the amount of dues. This notice must state the biweekly amount in dollars and cents for each individual member. The City shall charge the deduction as soon as practically consistent with its normal bookkeeping procedures, but no less than thirty (30) days after the change is certified to the HRD, so long as the certification is legally sufficient. Section 3.3: Remittance With written instructions provided by the Union and a written authorization from the employee acceptable to the City, the City will direct deposit Union members' dues to the Union's account. Direct deposits will cease upon written notice, next payroll following written notice from the employee of same. Section 3.4: Recourse If there is an amount deducted in excess of what is authorized by the employee, the City will reimburse the employee provided a timely grievance is filed if the excess 4 deduction was made as a result of a mistake by the City; otherwise, the employee shall have recourse only against the Union. Section 3.5: Minimum Pay No deduction shall be made from the pay of any payroll period in which the employee's net earnings for that payroll period, after other authorized or legally required deductions, are less than the amount of dues to be checked off. Section 3.6: Withdrawal Any member can stop payroll deduction by giving written notice to the Public Employer and the Union. The Employer shall stop the deductions thirty (30) days after receipt of written notice from the employee. Section 3.7: Indemnity. The Union will indemnify, defend, and hold the City harmless against any and all claims, demands, or suits or other forms of liability that shall arise out of, or by reason of action taken or not taken by the City on account of payroll deductions of Union dues. W ARTICLE 4: UNION BUSINESS AND SERVICES Section 4.1: Representation and Notice The Union shall be represented by its designated officials. The Union shall notify the HRD in writing of the names of its Officials /Stewards, as well as any designated substitute for the Stewards to serve as the Union representative. The City is not required to deal with any employee as a representative of the Union except its designated official's. Section 4.2: Activities A. The Union Official, or his designee, shall carry out their activities in behalf of the Union, including investigating or settling grievances, during their non - working hours unless they obtain prior permission from the Chief, or his designee, so long as there is no interference with the work activities of the employee or the mission of the Department. When the Union Official, or his designee, is engaging in such activities while on duty, there shall be no loss of pay. When the Union Official, or his designee, is engaging in such activities when they are off duty, they shall not be entitled to pay. B. The Union Official, or his designee, shall be allowed to communicate official Union business to members in non -work areas during non - working time so long as it does not interfere with Departmental operation as determined by the Chief. Section 4.3: Time It is expected that the investigation and processing of grievances, by the Union Official, or his designee, to the extent that the time of unit employees is required, will occur during the off -duty time of those involved; however, the aggrieved employee(s), if on duty shall be paid their normal rate of pay. 6 Section 4.4: Visitation The Chief, or his designee, shall permit one authorized non - employee Agent of the Union access to the Police Department to handle grievances arising under this Agreement. The Agent designed to have access to the Department shall first obtain the permission from the Chief, or his designee, which will normally be the ranking officer on duty at the station at the time, before coming into any working area, and may, at the option of the Chief, or his designee, be accompanied by a managerial employee in the event the Union agent needs to visit a particular area of a station. The Agent will not in any way interfere with the work of employees or the operations of the Department. If, during a visit, the Agent wishes to have a private conversation with an employee, the Chief, or his designee, will allow the same consistent with his determination of operational needs and will designate the place the conversation with occur. Section 4.5: Solicitation and Distribution Except as modified by this Agreement, the Union, its members, agents, representatives and all persons acting on its behalf, including the Employer's employees covered by this Agreement, are strictly prohibited by law and this Agreement from soliciting any of the Employer's employees, for Union purposes, during the work time of any employee involved, and from distributing Union literature in any work area at any time. It is understood and agreed that any employee who violates either of these prohibitions is subject to discipline. ( "Work time" is any time, exclusive of breaks or mealtime during the hours of a shift.) 7 Section 4.6: Time -Off Without Loss of Pay With respect to disciplinary proceedings under the City Personnel Rules and Regulations (hereinafter "PRR ") or this Agreement, bargaining unit employees who participate in such proceeding, including an employee representative of the employee, if any, shall be treated the same as all other City employees with respect to time off and pay. With respect to contract negotiations between the Union and the City, the three (3) Union Representatives shall not lose any pay for the work hours spent participating in such contract negotiations. Section 4.7: Bulletin Boards The Employer agrees to set aside space for a bulletin board (not to exceed 30" by 24 ") to be provided by the Union for its use in informing its membership as to official Union business. It is however, agreed and understood that materials to be posted and emails regarding official Union business, if such materials are derogatory, abrasive, abusive, or critical about any person, or City policy, practice, employees or officials are intemperate in language and /or are not related to legitimate Union business, or which are factually inaccurate, will be removed. The bulletin board may not be used for any political purpose or to support or oppose any political candidate or issue; provided however, it may be used for internal elections held by the Union among its membership. At the Chief's discretion the Union may use the City E -Mail system to communicate with the Members, only after the Chief has reviewed and approved the same in advance. �3 Section 4.8: Information A. The Human Resources Department shall provide the Union a copy of the names, and salary of bargaining unit members, upon written request by the Union, but not more often than twice a year. B. The City shall furnish the Union office a copy of all current or subsequently amended written SOPs, GOs, City PRR and other rules, regulations and policies applicable to bargaining unit employees. C. The City shall provide the Union with anticipated adjustments, amendments to, amendments of, and proposed new regulations concerning any and all matters stipulated in subsection B above, in order that the Union may give comment and/or recommendations on the subject within fourteen (14) calendar days from the date received. Any impact on wage, hours or terms and conditions of employment shall be the subject of bargaining prior to implementation. D. The City shall make available to all members of the bargaining unit all City PRRs, GOs, SOPs and any and all other rules applicable to the unit members. Section 4.9: Contract Review. Within twenty -one (21) calendar days from the ratification and approval of this Agreement, the City and PBA will conduct jointly, meetings with bargaining unit members as well as those employees designated by the City. The expressed purpose of the meetings is to review in detail the provisions contained in this Agreement and to answer relevant questions concerning labor- management issues. 0 ARTICLE 5: MANAGEMENT RIGHTS Section 5.1: Functions of Management Excepted as provided by law, including Chapter 447, Part II, Florida State Statutes, it is the function of management to determine and direct the policies, mode and method of providing its services. Section 5.2: Operations and Direction of Work Force The City shall continue to exercise the exclusive right to take any action it deems necessary or appropriate in the management of its operations and the direction of its work force. The City expressly reserves all rights, powers and authority customarily exercised by management, and functions which the City has not expressly modified or delegated by express provisions of this Agreement. Section 5.3: Examples of Management Rights The Union and the employees covered under this Agreement recognize and agree that the City has the sole and exclusive right except as specifically provided for in this Agreement, to manage and direct any and all of its operations. Section 5.4: Rules and Regulations To the extent that the same are not in conflict with this Agreement, Ordinances of the City of Ocoee, rules and regulations of the City and the Department, and Personnel Rules and Regulations (PRR), General Orders and SOPs of the Ocoee Police Department may be implemented by the City of Ocoee, Florida. 10 Section 5.5: Grievances and impact Bargaining A. The exercise of such rights shall not preclude employees or their representatives from raising grievances, if decisions on the above matters are alleged to violate the terms and conditions of the Agreement. B. However, unless this CBA provides otherwise, the Union retains its right to negotiate over the impact of such actions to the extent that such actions impact wages, hours, or terms and conditions of employment, and the law requires the City to engage in impact bargaining. Section 5.6: Waiver The City's failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such function or right, nor preclude the City from exercising the same in some other way not in conflict with the express provisions of this Agreement. Section 5.7: Emergencies If, in the sole discretion of the City Manager, it is determined that a civil emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions or other catastrophes, the provisions of this Agreement may be suspended by the City Manager during the time of the declared emergency, except for monetary provisions. Section 5.8: Job Duties 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 management, may be required to perform other duties not specifically contained in their job description and in accordance with the Police Department mission. Unit members shall perform work as assigned by the Chief or his designee. 12 ARTICLE 6: GRIEVANCE AND ARBITRATION Section 6.1: Grievance A grievance is defined as a difference between the City and any bargaining unit member or the Union involving an alleged violation or misapplication of a specific provision of this Agreement. When an Article or Section in this contract references or incorporates the City Personnel Rules and Regulations (PRR) a claimed violation, misapplication or misinterpretation of the PRR shall be subject to this Article. Section 6.2: Grievance Procedure Whenever a grievance as specified in Section 6.1 arises between the City and the unit members or the Union, the matter will be handled in accordance with the following procedure. The term "days" as used in this Article shall refer to calendar days. Within five (5) days after the act or occurrence which gives rise to the grievance, or the unit member knew or should have known of such act or occurrence, whichever first occurs, the unit member may meet to discuss the grievance with the unit member's immediate supervisor in an attempt to resolve same. Step 1_ : If the grievance is not settled in the informal procedure, noted above, or if the grievant decides to proceed with a formal grievance, the grievance must be reduced to writing and signed by the unit member, within seven (7) days after the occurrence which gave rise to the grievance, or the unit member knew or should have known of such act or occurrence, and presented to the unit member's lieutenant. The written grievance must include: 13 a. A statement of grievance and a summary of the facts on which the grievance is based. b. The remedy requested. A copy of the grievance form is hereby adopted and placed in the appendices. The lieutenant, will respond in writing within five (5) days after receipt of the grievance. Step 2 : If the grievance is not settled in Step 1, within five (5) days of receipt of the lieutenant's response in Step 1, the grievant or Union may file the grievance, with the Chief of Police. Within seven (7) days of delivery of the written Step 2 grievance, the Chief of Police, or his designee, shall meet to discuss the grievance with the grievant and /or Union representative. The Chief or his designee shall respond in writing within five (5) calendar days after the meeting. Step 3: If the grievance is not resolved in Step 2, the grievant may file the grievance with the City Manager within seven (7) days after receipt of the Step 2 response. The City Manager shall hold a meeting with the grievant and Union to discuss the grievance within seven (7) days after receipt of the grievance.. The City Manager shall respond, in writing, within seven (7) days after the meeting 6.2:1 Failure of the City to respond at any step the grievant to proceed to the next step within the time limits just as if the City had denied the grievance in writing on the last 14 day an answer was due. The unit member grievant shall be entitled to be present at any meeting held under Step 2 or Step 3. 6.2 :2 When bringing a grievance in its name, the Union may file at either Step 2 or Step 3 depending on the circumstances surrounding the grievance. 6.2:3 When denying a grievance, in whole or in part, management's response shall contain the specific reason(s) for denial. Generic denials such as," the grievance has no merit" or "the grievance is denied," shall not be sufficient. All grievance responses originating at Steps 2 and 3, shall be forwarded to the grievant and the Union. 6.2:4 All grievances for disciplinary matters involving unpaid suspension or termination may be appealed through the grievance process. Section 6.3: Arbitration If the grievance is not resolved through above steps, the grievance may be submitted to binding arbitration by the Union. Arbitration proceedings must be initiated by serving of a written request for arbitration by the Union within twenty (20) days after the City Manager's response. Submission to the arbitrator shall be based exclusively on the written grievance as submitted in Steps 1, 2 and 3 of the grievance procedure. The arbitrator selected shall decide the dispute by using the preponderance of evidence standard and such decision shall be final and binding on the parties. The expenses of the arbitrator shall be borne equally by the parties; and, each party shall be responsible for its own attorneys' fees, any court reporting services it wishes to use, and the wages of unit members, whether they be witnesses, potential witnesses, representatives, or grievant, it utilizes in any arbitration proceeding. However, it is 15 agreed, that should unit members be on duty during the procedure, the unit members shall suffer no loss of pay or benefits. The jurisdiction of the arbitrator is limited and confined to determining whether there has been a violation of the express terms of this Agreement. The arbitrator shall in no way alter, amend, or modify the terms of this Agreement. The time limits may be extended in writing by mutual consent of the parties. A. Within twenty (20) calendar days from receipt of the notice of the intent to invoke arbitration, the Union shall request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service, all of whom must reside in the State of Florida. The Union shall supply the City with a copy of the list of arbitrators. The Union and the City will alternately eliminate one at a time from said list of names of persons until only one remains, and that person will be the arbitrator. The City and the Union will alternate in the right to first strike names in successive arbitrations. B. As promptly as possible after the arbitrator has been selected, he should conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the unit member(s) aggrieved, the City and the Union in writing. It shall be the obligation of the arbitrator to make his best effort to rule within twenty -one (21) business days after the hearing. Section 6.4: Grievances by Non -Union Member When the Union refuses to process a grievance for a unit member because of the unit member's non - membership in the Union, the unit member shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the unit member shall have 16 all the rights and assume all the burdens, limitations and obligations, including financial obligations, of the Union under this Article and any other Article that may apply to his grievance. The unit member will not be entitled to any other grievance process. Section 6.5: General A. Each grievance shall be arbitrated in a separate proceeding unless the parties mutually agree otherwise. B. The filing of a grievance shall in no way interfere with the right of the City to proceed to carry out its management responsibilities, subject to. the final resolution of the grievance, except terminations. Section 6.6: Time Off/Pay Step 1 of the grievance procedure shall be carried out during the unit member's work hours at a time and place designated by the Chief based on operational needs, and the unit member shall lose no pay. The City shall determine when Steps 2, 3 and 4 shall be processed, and if the Step or Steps, including Arbitration, are processed during their scheduled working hours, neither the Union Representative nor the grievant shall lose pay. Unit member witnesses, other than grievant, whom the City Manager may at his option choose to interview shall lose no pay if interviewed during their working hours, and if interviewed after or before such hours, shall be paid for such time as if they were performing other work for the City. Otherwise, the City shall not be responsible to pay any unit member representative, officer or agent of the Union for any time spent processing grievance matters, but will allow one such person plus the grievant per grievance reasonable time off without pay for said activities upon 17 reasonable prior notice if in management's opinion work requirements will allow such absence. In the event of a sustained disciplinary action involving a suspension [without pay], the unit member may utilize available personal leave (PTO) in lieu of a non- working unpaid suspension. Section 6.7: Discipline Dispute Resolution Process - ( DDRK In cases involving alleged policy violations in an administrative investigation, which may lead to discipline, a unit member may request a discipline dispute resolution meeting (DDRM) at any time prior to final acceptance of discipline or a final decision by the Chief or prior to filing a formal grievance. The meeting shall be held with the member's Lieutenant, Human Resources Director and include the member, member's representative and /or counsel, and the supervisor and /or investigator assigned to the case. The purpose of the meeting will be to discuss potential discipline and/or administrative charges to determine if a consensus resolution can be reached on the appropriate charge(s) and discipline, if any. If the parties reach a consensus, that consensus shall be reduced to writing by the Lieutenant and implemented. The investigation and grievance process shall be considered as complete. Should the parties not agree on a resolution, the matter will progress as if no meeting had been held. Nothing discussed at the meeting shall be held against the employee if a resolution is not implemented. 18 The PBA shall be notified of any final resolution in all such cases handled by the DDRP. If the PBA is not represented at any such DDRM, then the decision will not be precedent setting. 19 ARTICLE 7: TRANSFERS Section 7.1: Special Unit Special Unit assignments shall be handled as provided in SOP 46 (effective 7.16.01) and this Article. Special unit assignments are assignments other than a Patrol Division assignment. Section 7.2: Patrol Bidding Process Unit members shall have the opportunity each November 1 through 14 to bid on shifts, times and days off. Unit members shall select the shift, times and days off and be awarded their preferences based on seniority. The final bid list shall be posted by December 15 and the new assignments shall take effect the beginning of the second pay period in January. Section 7.3: Patrol Vacancies When a vacancy, as determined by the Chief, occurs in any patrol unit, the Police Department shall post the vacancy for a period of ten (10) calendar days. Any bargaining unit member shall have the right to bid on the vacancy. Selection shall be made based on seniority. Notification shall be given as to the successful bidder as well as to all other bidders. Transfers shall be made within thirty (30) calendars days from when notification has been given. Section 7.4: Other Vacancies When a vacancy as determined by the Chief, occurs other than in Patrol, the Police Department shall post the vacancy for a period of ten (10) calendar days. The notice vacancy shall list the qualifications necessary to fulfill the job vacancy. When making a 20 selection, management will consider the candidate's past disciplinary record, performance reviews. years of service with OPD. An oral Board interview may be conducted. If a Board is convened, all qualified candidates for the posted position shall be interviewed and rated on the same questions. There shall be one unit member selected by the PBA, to be an observer on each oral review board. Selection shall be made based on the point system outlined in SOP 46, Section 3. The Chief shall select among the two (2) candidates with the highest overall scores. In the event of a tie, the candidate with the highest seniority shall be selected. Transfers shall be made within thirty (30) calendars days from when notification has been given. 7.4.1 When posting for a vacancy for a specialty unit, the Police Department shall include the normal work schedule and days off for the position. It is understood that in some of the specialty units, start and end times for work and days off may deviate from the normal schedule due to the nature of the unit. Whenever possible, unit members shall be given advance notice of the schedule changes at least seven (7) days prior to the effective change. These changes shall be of a temporary nature. 21 ARTICLE 8: VOTING Unit members, who are on duty on an election day, will be allowed to take time off without loss of pay to vote on City Property or at other polling places within the City. The time they take off to vote will be determined by the Chief. All other unit members shall vote on their own time — by absentee ballot or as otherwise permitted by law; provided, if an member who is not scheduled to work on an election day whose voting precinct is not in the City of Ocoee is called into work so that he cannot vote on his own time, the Chief shall make operational arrangements for the member to vote without loss of pay. 22 ARTICLE 9: UNION/MANAGEMENT MEETINGS The City and the Union shall meet and confer on matters of mutual interest upon the request of either but not more often than once a quarter, unless both parties agree to meet more often. Such special meetings shall be held on a date and at a time and place mutually agreeable to the parties. Meetings held under this Section shall not be considered collective bargaining under the Public Employees Relations Act. Issues related to grievances shall not be discussed. The Human Resources Director shall be responsible to coordinate these meetings with the Union Representative. 23 ARTICLE 10: INSURANCE 10.1 During the life of this Agreement, the City shall provide the same health, medical, dental, and short/long term disability insurance under the same terms and conditions for bargaining unit members and their dependents that it provides for the City's other bargaining units, non - bargaining unit, non - exempt employees and their dependents, except that during the term of Agreement (9- 30 -15), the health insurance premiums paid by unit members shall be based on October 1, 2012 rates. 10.2 VEBA - The City will establish a Voluntary Employee Benefits Association (VEBA) account for unit members. The funding of the VEBA will be in accordance and in conjunction with this Agreement. 24 ARTICLE 11: STRIKES The Union and bargaining unit members shall not promote, sponsor, engage in, or condone any work stoppage, boycott, slow -down, strike, disruption of City operations, or other withholding of limitation of services for any reasons and shall abide with F.S. §447.505. 25 ARTICLE 12: HOLIDAYS Section 12.1: Days Observed A. For bargaining unit members not on a 24/7 shift and especially who work a Monday thru Friday schedule, when a holiday falls on Saturday or Sunday, the Friday preceding or Monday following shall be designated a substitute holiday and observed as the official holiday. B. The observed holidays are: January 1 January — Third Monday May — Last Monday July 4 September — First Monday November -- Fourth Thursday November — Fourth Friday December 24 December 25 New Year's Day Martin Luther King, Jr. Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Section 12.2: Eligibility for Holiday Pay A. All holiday earned must be taken as time off or paid on the same day that it is earned. B. A unit member must be on an approved leave for or work the normal schedule of hours, on the regularly scheduled working day immediately prior to and immediately following a holiday, in order to qualify for the holiday time or pay. Absences not approved in advance, including sick call in" may not be approved depending on whether the employee" excuse and verification of the reason for the absence are acceptable to management, which, may at its option, require a doctor's excuse as well as any other evidence it deems necessary. 26 C. When a unit member works on a scheduled holiday, the member shall receive holiday pay, if he meets the eligibility requirements, plus time and one half (1%2) his straight time rate. D. When a unit member is scheduled to work on a holiday but fails to do so, the member will not receive holiday pay even if the member is otherwise eligible for holiday pay. Section12.3: Holiday Pa v Full time members shall receive pay or compensatory time for the number of hours regularly scheduled at their straight time hourly rate. The members shall designate on their time sheets what method they want paid. Section72.4: Pay for Work on Holiday When a member works on a scheduled holiday they shall be paid their regular rate of pay and in addition receive one and one -half time their regular rate of pay for all hours worked during the holiday (2 112). Section12.5: Floating Holiday On October 1 of each year of this Agreement all bargaining unit members shall receive two (2) additional shifts added to their paid time off accrual. These additional hours are to be scheduled and used as all other paid time off hours. 27 ARTICLE 13: PAID TIME OFF Section 13.1: Eligibility A. Only full -time unit members and full -time probationary members will be allowed to accrue paid time off (PTO) leave. B. Full -time probationary members shall accrue paid time off leave during their initial probationary period, but accrued leave is not earned until successful completion of their probationary period. During the initial six (6) months of employment, they may not take accrued paid time off leave unless authorized by the City Manager. Accrued paid time off leave not taken by a full -time probationary member is not earned and shall not be paid upon termination of employment. Section13.2: Accrual of Leave —PTO A. Full -time unit members earn Paid Time Off (PTO) leave as follows One through five years of service - 176.28 hours Six through ten years of service - 216.06 hours Eleven years + 256.10 hours B. A full -time member can accrue up to 500 hours of paid time off. If a member accrues more than 500 hours of PTO leave, any hours over 500 will be automatically deducted from the member's leave bank on September 30 each year. However, should a member request time off and be denied the request, no time shall be deducted from the member. 28 Section 13.3: Charging Leave PTO leave time for members will be charged at hour for hour of the time taken off from the member's shift. Section 13A Leave Bank Pool The City shall establish a Leave Bank Pool, which the members may access. 29 ARTICLE 14: HOURS OF WORK AND WORK SCHEDULE Section 14.1: Basic Work Schedule A. The basic work schedule for Detectives shall be the established work schedule as of September 1, 2011. B. The basic work schedule for the Patrol Division shall be the 4110 Plan — 4 Days on duty and 10 hour days. The work schedule is attached as an Addendum and shall remain in force for the duration of this Agreement, unless the parties mutually agree to alter the schedule. Unit members shall select their preferences in accordance with Article 19. Those members, not in patrol shall be allowed to bid on the schedule. C. The day shift shall be set by the City and not to start before 5:30 am. D. The Department may temporarily change a unit members schedule based on legitimate operational necessity. Such temporary change shall be no more than fourteen (14) days in duration. The Department will provide the affected members with thirty (30) days written notice in advance of the temporary change, unless thirty (30) days notice is not possible, in which case the Department will provide the affected members with as much advance written notice as is possible under the circumstances. E. Unit members shall enjoy paid meal and break periods. Section 14.2: Overtime A. Unit members are to report all hours worked. Unit members should not begin work before the beginning of their schedule or after the end of their schedule without permission; however, if they do perform work before or beyond their schedule, they are to report it as hours worked on their time sheet or record. Overtime will be 30 authorized or directed by the City and administered according to the provisions of this Agreement. B. All unit members shall be paid time and one -half their regular hourly rate of pay for all hours in excess of forty (40) in a work week. Unit members shall have the option to select pay or defer the payment by selecting compensatory time for overtime worked. The compensatory time earned may not exceed 48 hours. Any compensatory time in excess of 40 hours, not used by September 30 of each year shall be paid out. C. For the purposes of overtime computation, jury duty, annual military leave and other absences from duty, whether paid or not, shall not be considered as time worked; provided, however, paid holidays and paid personal leave used for a scheduled vacation shall be considered. D. Unit members shall be required to work overtime when assigned unless excused by supervision. A member desiring to be excused from overtime work assignments shall submit a request to the immediate supervisor who shall determine whether the excuse is acceptable. E Flex Time Flex time shall only be authorized after the unit member and management reach agreement to do so and is only authorized for a specific period in time and is not done to preclude the payment of overtime. "Flex time" or "schedule adjustments" are to be construed to be one and the same as it is applied in this article; except as provided by14.1. Section 14.3: Assignment of Overtime 31 Overtime shall be scheduled in accordance with departmental rules, regulations and directives, and administered in accordance with the provisions of this Agreement. When overtime is authorized, the most senior qualified unit member shall be offered the overtime first and in descending order the next most senior qualified member. Should no unit member volunteer to work the overtime, the least senior qualified member shall be assigned to work. Section 14.4: Court Time Unit members, appearing in the legal process in their off -duty hours on behalf of the City, shall receive a minimum of two (2) hours pay at the rate of time and one -half for Court appearances. If the time exceeds the minimum two hour guarantee, unit members shall be paid at their appropriate rate of pay for all time worked. One appearance in Court shall include all appearances in a 2 hour period for pay purposes. If another appearance on the same date spans beyond the guaranteed 2 hours, the unit member shall receive an additional minimum two (2) hours at the overtime rate. Section 14.5: Standby Duty On -Call Status A. Standby duty on -call time is defined as periods of time in which the unit member is ordered or required by the Police Department to be readily accessible by telephone, paging device or other electronic device and not performing actual work, but in readiness to perform actual work when the need arises. B. Such standby on -call time shall be compensated at the rate of $20.00 per day, when the member has been scheduled to work within the 24 hours and is now off work. The rate of $30 per day shall be paid when the member is scheduled off for the 32 day and the rate of $40 per day for any recognized holiday in which the member is scheduled off but placed on standby. 33 ARTICLE 15: ALTERNATIVE DUTY 15.1 Alternative duty shall be performed within the Ocoee Police Department if the Chief determines it is available. Light duty availability for personal illness or injury, shall be determined on a case -by -case basis, normally employees will be required to use paid time off leave. If the Chief determines it is not available, light duty shall be performed wherever assigned by the City, especially for work related injuries. The Chief will determine the length of the light duty availability. 15.2 Except as provided herein, Alternative Duty shall be in accordance with OPD Operational Order 100.1 as issues on January 26, 2012. Said policy shall be amended as follows: 1. Alternative Duty is generally reserved for those unit members who have a temporary medical limitation that prevents the member from performing all of the core functions of his currently assigned law enforcement duties. Temporary limitations shall be generally considered to be those limitations that a medical provider believes the member will recover from normally within 90 consecutive calendar days or less. The Chief of Police may extend time limits. 2. Documentation in support of the Request for Alternative Duty shall include the medical provider's restriction(s) in laymen's terms. It shall be the City's responsibility to interpret what job functions the member can do safely. 3. Members who are working Alternative Duty shall suffer no loss of pay or benefits. 4. Members denied Alternative Duty or who are currently on Alternative Duty but the Chief of Police has questioned the ability of the member to be able to perform 34 the essential job functions of the Alternative Duty position, supported by competent medical provider(s) stating the current medical limitations of the member, shall be allowed to access other leave alternatives to include but not be limited to Paid Time Off (PTO), compensatory time, FMLA, or other authorized leave. 35 ARTICLE 16: WAGES Section16.1: Step Plan The Step Pay Plan for the period beginning October 1, 2012 through September 30, 2015 is set forth in Appendix "A ". 'The step plan consists of 10 steps. The City retains the right to give experienced police officers a sign up bonus depending upon the years of law enforcement experience they have obtained. Section 16.2: Step Plan Implementation 1. Effective February 1, 2013 each unit member shall receive a two percent (2 %) increase to base pay. 2 Effective October 1, 2013 each unit member shall receive a two percent (2 %) increase to base pay. 3. Effective October 1, 2014 each unit member shall receive a two and four tenths (2.4 %) increase to base pay. Section 16.3: Shift Differential, Assianment and Incentive Pays 1. Shift Differential for Patrol Division Second shift shall be $1,000 per year. Shift Differential for Patrol Division Midnight shift shall be $1,600 per year. 2. All unit members who assigned to the Patrol Division shall receive a two percent (2 %) patrol assignment incentive. Unit members assigned to Traffic Motors and SRO duties are included for the purposes of the patrol assignment incentive. Specialty Unit Personnel 3. Detective Incentive shall he $2,800 for undercover and $2,300 for other Detectives, per year. 36 4. K -9 Officers shall receive $2,400 assignment pay, to include "dog days." 5. SRO, Community Affairs Officers, Training Officers, Traffic and Motor Officers shall receive a unit assignment pay of $1,500 per year. All shift differential, incentive and assignment pays shall be computed to an hourly rate of pay and calculated into the member's base salary. 6. FTO shall receive $2.50 per hour when training. 7. Officers fluent in speaking Creole, Spanish, Portuguese and translating Sign Language shall receive an additional $550 per year. Check shall be separate from normal payroll check. Section 16.4: VEBA The VEBA contributions referred to in this Agreement shall be automatically deducted from the member each payday prior to the calculation of taxes. The monies shall be deposited in the member's account as directed by the member. In the event that the member has not determined what account the monies should be deposited to, the default will be that account/fund that is designated as a savings account. As of October 1, 2012, a VEBA has not yet been created, however it is understood that a VEBA for unit members will be created and in force prior to March 31, 2013. All City monies that are required to be directed to the VEBA accounts shall be accordingly deducted and held in trust until the VEBA is fully implemented. 37 ARTICLE 17: UNIFORMS AND EQUIPMENT Section 17.1: Uniforms Unit members shall wear uniforms as determined by the Chief. When a uniform is required, no other clothing except underwear shall be worn without permission of the Chief. The City agrees to provide all unit members with four (4) sets of uniforms, to include summer uniforms. Unit members may select any combination of sets of uniforms but one of the sets must include a long sleeve uniform shirt. Section 17.2: Initial Issue The Department shall determine and provide the clothing, shoes and other related items that make up the uniform. The shoe allowance shall be $90 per issued pair of shoes. Section 17.3: Replacement A. Unit members shall be responsible to maintain in good serviceable condition the initial issue provided in Section 17.2 above or to obtain replacements from vendors or supply, if any, designated as acceptable to the City, at no cost to the unit member. B. The Chief shall notify unit members if there are acceptable vendors from whom they may obtain replacements. Section 17.4: Maintenance Unit members shall be responsible for repair and maintenance of the Uniform and all items issued to them for their use by the City, and shall come to work in clean, neat and undamaged cloths, including undamaged uniforms and other clothes. 38 Section 17.5: Clothing Allowance Unit members assigned as Detectives on a regular basis shall receive a clothing allowance in the amount of $1,000. per year at the time of transfer. Unit members shall be issued and maintain one class A uniform to include one short sleeve shirt and one long sleeve shirt. Thereafter, subsequent payments will be made in the first full pay period of December, during the term of this Agreement. All payments under this section shall be made by separate check. 39 ARTICLE 18: PROBATIONARY PERIOD Section 18.1: Initial Probat Period. The initial probationary period for new unit members, accumulation of benefits, continuous service credit, participation in benefits, disciplinary actions and continued employment for bargaining unit members shall be fourteen (14) months commencing from the initial date of hire. Section 18.2: Grievances Unless specifically provided in this Agreement, members who have not successfully completed at least twelve (12) months of their initial probationary period under Section 18.1 shall not have access to Article 6. Section 18.3: Transfers New Unit Members and Waiving Probation. Any City employee that transfers to the OPD shall be required to: Meet all pre - employment standards of the OPD. All accrued time off may be carried over. Transferred employees who do not successfully complete the probationary period as described in Section 19.1 shall be subject to the lay -off provisions contained in the PRRs. 40 ARTICLE 19: CONTINUOUS EMPLOYMENT (Seniority) Section 19.1: Definition Continuous employment (seniority) shall be as a sworn member of the Ocoee Police Department ( "PDCE ") and shall commence from the member's initial date of hire with the City as a sworn member of the Ocoee Police Department. It shall continue until broken as provided in Section 19.3 below. When two or more members start work in the Ocoee Police Department on the same day, their PDCE shall be based on their position on the new hire eligibility list. Section 19.2: Benefits Seniority (PDCE) shall be used for the purposes of paid time off leave and holiday preference, for shift bidding, and layoff and recall, as well as the deciding factor in any preference all other factors being equal. Section 19.3: Loss of Continuous Service PDCE shall be lost upon the happening of one or more of the following events: A. Resignation. B. Termination in accordance with the City PRR. C. Retirement. D. Receiving an authorized leave of absence. E. Lay -off for more than six (6) continuous months. In addition, PDCE will also be lost if an employee is promoted or is transferred to a position outside the Ocoee Police Department, but if into another position within the Ocoee Police Department, the PDCE shalt continue to accrue. 41 Section 19.4: Paid Time Off Leave - Priority When more than one (1) bargaining unit member seeks to use paid time off for the same period and is in the same squad or section, the member with the most seniority (PDCE) will be given preference. Section 19.5: Layoff and Recall Layoff and recall shall be in accordance with the below provisions: A. Layoff In the event of a layoff for any reason, employees shall be laid off in the inverse order of their seniority (PDCE). All initial probationary members must be laid off prior to laying off non - probationary members. B. Recall 1. Members in layoff status will retain recall rights for twelve (12) months and shall have preference to work over applicants on eligibility lists. Recall will be made by certified mail to the last address in the member's record, along with any address on file with the Union. The member must, within seven (7) calendar days of the certified receipt date, notify the City of his intention to return to work. Said member must return to work within thirty (30) days of receiving the notice. 2. Members shall be called back starting with the most senior member notified first and then in descending order of seniority thereafter. Members who return from layoff status shall receive the current rate of pay for the pay grade and step he held at the time of layoff. 42 ARTICLE 20: SAFETY, HEALTH AND 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. 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 officers in the bargaining unit hired before October 1, 2009, as fiscally able, who reside within a twenty five (25) mile radius from the City of Ocoee (JPA). Unit members hired after October 2009 shall be provided a take home vehicle if the member lives within a fifteen (15) mile radius from the City (JPA). Unit members hired before October 1, 2009 who move during this Agreement, shall be subject to the fifteen (15) mile restrictions herein. Take 43 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 $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. 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. F. Unit members that have take home vehicles must show proof, within 90 days of the effective date of the article, that they have insurance coverage for the take- 44 home vehicles while in their care and use off duty. The unit members' insurance shall be the primary coverage for the take -home vehicles while in the unit members' care and use off duty, with the exception of those members who are in an on -call status, in which case the City's insurance program is primary. Members who reside within the City's JPA limits shall be exempt from this paragraph. Section 20.4: Transport Officers 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 on a firearms course in order to maintain sidearm proficiency. Section 20.7: Physical Exams 1. The City agrees that each member shall receive an annual physical examination by a physician designated and paid for by the City, which includes the following tests: 45 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. Tobacco 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. 2. Unit members participating in the City's Physical Assessment Program shall receive a $300 per year contribution (starting January 1, 2013) from the City and the equivalent of sixteen (16) hours of the member's base rate of pay paid into the member's VEBA account. Members are required to meet with the medical staff to review the results of the Physical Assessment testing. 3. The $300. will be placed in the active side of the VEBA for each qualified member and the 16 hours pay equivalent shall be placed in the retirement side of the VEBA. 46 Section 20.8: Fitness for Duty Any medical or psychological exam that results in the member being considered as unfit for duty, shall require the member to use paid time off until a subsequent exam finds the member fit for duty. Should the member provide qualified medical information to return to duty before the City (Police Chief) 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. 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 CareHere 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. Section 20.9: Drug and Alcohol Policy 47 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 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: Tobacco Free Requirement All members hired immediately after June 20, 2006 must be free of tobacco use and must remain continually free of any tobacco use as a requirement for continued employment with the City of Ocoee Police Department. EEO ARTICLE 21: WORKING OUT OF CLASSIFICATION Bargaining unit members who work out of classification shall be paid under the same policy as applicable to all other non - exempt employees of the City who work out of their classification, unless this Agreement specifically provides for other compensation as below: Officers assigned to fill a Sergeants position for two or more hours shall receive an additional $3.25 per hour per such shift. 49 ARTICLE 22: MISCELLANEOUS Section 22.1: Locker and Shower Facilities The City shall provide a locker, capable of holding a uniform, vest, and gun belt for each unit member and a shower area, which shall be available for members twenty- four (24) hours a day. Section 22.2: Inspection of Lockers Lockers are City property and subject to inspection by the Chief or his designee at any time for any or no reason. Normally locker inspection will be in the presence of the unit member or another employee. However, if the Chief determines that circumstances warrant immediate inspection or opening of a bargaining unit member's locker and there are no other employees available to act as witnesses, the Chief, in his discretion, may authorize that the locker be opened and /or inspected as needed. If the lock is broken off by the City, the City will replace it. Section 22.3: Retirement Entitlements A. A bargaining unit member who retires under a physical disability retirement, regardless of years of service, or a member who retires with a minimum of twenty (20) YOS and is eligible to immediately draw retirement compensation, shall be given at the time of final separation his side -arm weapon, his badge, and a retired Police Identification card. B. A bargaining unit member who retires with a minimum of ten (10) years of service and is eligible to draw retirement compensation shall be given, at the time of 50 final separation, his badge and a retired police identification card. The retiree shall also have the option to purchase his side -arm. C. A member who retires from the City and will immediately draw his retirement compensation shall be sent his monthly retirement check within sixty (60) calendar days of selection of the employee's retirement option. 51 ARTICLE 23 CORPORAL RANK 23.1 This Agreement shall establish the rank of Corporal. The PBA shall request that PERC Certification Number: RC 1674 be amended to include the rank of Corporal in the rank and file bargaining unit. The City agrees to support the petition to PERC. 23.2 The City will establish the number of corporal positions in the Police Department. 23.3 This Article shall also establish a fair and impartial procedure to select qualified unit members for promotion to the rank of Corporal 23.4 Qualifications A. A police officer must have served three (3) continuous years as an Ocoee Police Officer immediately prior to the date of the examination. B. The candidates must have their last performance appraisals meet or exceeds standards. C. Candidates must not have served a suspension without pay within the past six (6) months immediately prior to the test date. 23.5 Process A. The City shall be responsible for administrating a fundamentally fair promotional test to be given. The initial test instrument shall be agreed upon by the City and PBA and shall include, but not be limited, to policies and procedures of the Police Department, supervisory knowledge, and State Statutes, all of which are directly correlated to the position being tested. B. If a paper and pencil test is given, the qualifying score minimum is 80% of the total exam. After all phases of the promotional process is completed, the Chief of Police shall publish a list of all candidates ranked by total, highest score. If an assessment style instrument is used to score the candidates, at minimum of one, and preferably all, 52 assessors shall be from outside the City Police Department. Assessors shall have a law enforcement background. The scoring principals shall be explained to all candidates, prior to the examination. Unit members shall be afforded the opportunity to discuss their scores and final scores with the assessors as part of the "feedback" to the candidates. C. In making a promotion, the Chief of Police shall select from the list, the top scoring candidate. The Chief has the right to pass over the highest scoring candidate but in so doing, the Chief shall hold a meeting with the passed -over candidate to discuss how the candidate can improve in order to be competitive. The Chief shall be limited to three (3) pass- over selections per promotional list. D. When the Chief determines that a Corporal vacancy exits, he will make every effort to fill that vacancy within thirty (30) calendar days. E. The eligibility list that are created by this Agreement shall be the only list of candidates eligible for Corporal promotion. The eligibility list shall be posted on the Agency portal. F. While a posted vacancy is being filled, the Chief has the right to fill it temporarily with a candidate that is on the Corporal eligibility list. G. Eligibility list shall be good for a period on eighteen (18) months or until the list is exhausted, whichever is first. A new testing process shall be constituted at least every eighteen (18) months. H. In the event that two or more candidates have identical scores, the officer with the most sworn department seniority shall be ranked first. In the event that there is still a tie, the officer with the lowest last four social security numbers shall be deemed first. 53 23.6 Compensation When an officer is promoted to the rank of Corporal, he shall receive an additional $1.00 per hour base rate above his current pay grade. 54 ARTICLE 24 OFF -DUTY EMPLOYMENT 24.1 General Except as provided in this Article, law enforcement off -duty employment shall be administered and regulated in accordance with OPD policies in effect as of October 1, 2011, as amended. 24.2 Minimum Rates (A) The minimum hourly rate charged off -duty employers shall be thirty - two dollars ($32.00). Off -duty employers are responsible for remitting all payment for off -duty assignments directly to the City The City shall remit payments to the officers after appropriate taxes withholdings. (B) Bargaining unit members shall be compensated at the same rate of pay while working an off -duty detail as a law enforcement officer from another agency working the same detail or the minimum rate established in this article, whichever is greater. (C) Approved off -duty jobs no more than four (4) hours in length may be worked by unit members prior to the start time of their regularly assigned duties. (D) Bargaining unit members may not work a combination of on -duty and off -duty shifts in excess of sixteen (16) hours in duration within a twenty -four (24) hour period. 24.3 Holidays The minimum hourly rate charged off -duty employers for the following nine (9) holidays shall be forty dollars ($40.00) per hour: 1) New Year's Day; 2) Memorial Day; 55 3) Easter 4) Independence Day; 5) Labor Day; 6) Thanksgiving Day; 7) Day after Thanksgiving; 8) Christmas Eve; 9) Christmas Day. 24.3 Grievances Any grievances relating to of this Article shall be handled pursuant to Article 6 of this Agreement. 56 ARTICLE 25 EDUCATION The current City of Ocoee educational policy, as written in the current PRR, Section 13.14, Educational Incentive Program, shall remain in effect during the term of this Agreement, subject to budget constraints as deemed appropriate by the Committee. The Education Committee for this bargaining unit shall be comprised of the Police Chief, Human Resources Director, a Union Representative and the City Manager. 57 ARTICLE 26 PENSION 26.1 All bargaining unit positions and employees in those positions, covered by this Agreement, shall be covered by the FS Chapter 175 Plan as established by the City of Ocoee provided they meet the eligibility requirements of same. All unit members shall increase their pension contribution from 7.6% to 8.0% of pension wages, effective upon effective date that the City's Ordinance is approved. 26.2 Effective October 1, 2012, the Pension Ordinance shall be amended to CAP the percentage of pension entitlement to 91.0% maximum entitlement for any unit member hired after October 1, 2012. 26.3 The City agrees to contribute no less than 12% of the unit member's payroll to the Pension Fund during the term of this Agreement. 26.4 Accrued paid time off (PTO) at separation will not count toward final average compensation for pension benefits, effective October 1, 2012. Thirty percent (30 %) of the total PTO owed the bargaining unit member shall be invested into the member's VEBA account. The remainder, seventy percent (70 %) shall be paid to the unit member on his final compensation distribution. 26.5 For purposes of pension calculation, the unit member shall receive monetary credit as part of their final average compensation for up to 300 hours of overtime as per State Statute. 26.6 Members who enter the Deferred Retirement Option Plan (DROP) after October 1, 2012 shall receive a maximum of 2% interest on their D.R.O.P, account contributions. 26.7 The City and Union agree that the pension multiplier will remain at 3.5% for the term of this Agreement. 58 ARTICLE 27: DURATION This contract shall remain in full force and effect through midnight September 30, 2015 and shall automatically renew itself for periods of one (1) year unless either party delivers to the other written notice of its intent to terminate or modify this contract not less than ninety (90) calendar days prior to September 30 in any year of an automatic extension under this Article. Florida Police Benevolent Assoc., Inc Date: Name Date: Name Date: City Manager Date: Police Chief Date: Human Resources Director Date: Name Mayor Date: Date: _ 59 Appendix A Step Pay Plan FISCAL YEAR 2019 -2012 Starting 1 2 3 4 5 6 7 40,500 42,000 43,092 43,570 45,748 47,850 49,061 51,120 8 9 10 54,300 57,370 62,031 60 Appendix B PBA COLLECTIVE BARGAINING AGREEMENT GRIEVANCE FORM Employee's Name Business Address Business Telephone Social Security Number Class Title Department Division Unit Bargaining Unit. NATURE OF GRIEVANCE (involving interpretation or application of specific provisions of Agreement) DATE ACT OR CONDITION OCCURRED: SECTION OF AGREEMENT: (which has allegedly been violated) RELIEF REQUESTED: IF REPRESENTATIVE DESIRED - Name of My Representative: Business Telephone: FOR GROUP GRIEVANCES ONLY - I have been designated by the following named employees to act as spokesperson and be responsible for processing the above grievance in their behalf: SIGNED Date Submitted SUBMITTED TO: Name Class Title (If space is insufficient to write complete information, attach a separate sheet.) White OFFICIAL - Step 12 3* Yellow Representative (if any) *Circle appropriate step Pink Employee 61