Item #20 To Approve or Reject CBA as Ratified on February 11, 2013, By Police OfficersSre t of Good Lip
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AGENDA ITEM COVER SHEET
Meeting Date: February 19, 2013
Item # @
Contact Name:
Contact Number:
Gene Williford
1032
Reviewed By:
Department Director:
City Manager:
Subject: To approve or reject the collective bargaining agreement as ratified on February 11, 2013 by the
police officers represented as members of the Police Benevolent Association.
Background Summary:
The PBA Union has proceeded to a ratification vote of the terms of a collective bargaining agreement (by the
police officers) and a subsequent vote by the City legislative body (Commission). Since the police officers
voted 24 in favor and 4 against ratification, the City Commission is required to vote to either approve or reject
the collective bargaining agreement as ratified by the members of the PBA through September 30, 2015.
Issue:
The City Commission is required to vote on the terms of the collective bargaining agreement as ratified by the
PBA. The Commission is prohibited from amending any of the terms ratified by the union members.
Recommendations:
It is the recommendation of staff that the Commission vote to either approve or reject the terms as ratified, in
accordance with the attachment after their vote on February 11, 2013.
Attachments:
Attached is the collective bargaining agreement as ratified by the voting members represented by the PBA on
February 11, 2013.
Financial Impact:
Salary increases of 2% February 1, 2013, 2% October 1, 2013 and 2.4% October 1, 2014.
Type of Item:
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Cleric's Dept Use:
❑ Consent Agenda
❑ Public Hearing
® Regular Agenda
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❑ 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
SUMMARY OF CHANGES TO THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF OCOEE AND PBA
Ratified by the Officers February 11, 2013 ( 24 to 4 in favor)
1. A three year contract effective October 1, 2012 through September 30, 2015 with no reopeners and
no "me too" clauses.
2. Health insurance premiums for dependent coverage shall remain the same during this three year
period.
3. The present 4 day 10 hour schedule for patrol and overtime for hours after 40 is the recognized
schedule and non - patrol employees may bid on this schedule once per year.
4. The Court time pay language was clarified but no increase in court time pay.
5. Increases in wages as follows; 2% increase for all officers effective February 1, 2013, 2% increase for
all officers effective October 1, 2013, and 2.4% increase from all officers effective October 1, 2014
6. In addition to the VEBA contribution created in the last agreement whereby the City provides
incentive dollars for utilizing the health center, the employees agreed to contribute 30% of PTO buyout
at separation into their VEBA accounts.
7. Clothing allowance for detectives increased from $700 net to $1000 gross.
8. Employees residing within the JPA do not need to provide an insurance rider as additional coverage.
9. Officers acting as sergeants for more than two hours (instead of entire shift) receive out of class pay
and the rate of $3.25 remained the same.
10. Corporals rate increased from an additional $.75 per hour to $1.00 per hour over base pay rate.
11. No PTO buyout hours at separation count toward pensionable wages.
12. Employees contribution to the pension of 7.6% increased to 8.0% upon approval of the new
Ordinance by City Commission.
ARTICLE 1: 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: Recoqnition
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.
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.
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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
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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.
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.
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.)
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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.
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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 ratification and approval of this
A reement the City and PBA will conduct lointly, meetings with bargaining unit
members as well as those employees designated by the Cit . The expressed purpose
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of the meetings is to review in detail the provisions contained in this Agreement and to
answer relevant questions concerning labor - management issues
ARTICLE 5: MANAGEMENT RIGHTS
Section 5.1: Functions of Management
Excepted as provided by law, including Chapter 447, Part ll, 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.
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Section 5.5: Grievances and Im act Bar ainin .
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.
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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:
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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.
St_ ep 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
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. ,
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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
agreed, that should unit members be on duty during the procedure, the unit members
shall suffer no loss of pay or benefits.
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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
all the rights and assume all the burdens, limitations and obligations, including financial
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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
reasonable prior notice if in management's opinion work requirements will allow such
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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: Disci line Dispute Resolution Process - DDRP .
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.
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.
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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
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.
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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.
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ARTICLE 9: UNIONWANAGEMENT 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.
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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 the October 1 2012 rates
10.2 VEBA - The City will establish a Voluntary Employee Benefits Association
(VEBA) account for unit members.
1 The funding of the VEBA will be in accordance and in conjunction with this
Agreement.
Pba proposal 1.7.13
Final Draft
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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.
ARTICLE 12: HOLIDAYS
Section 12.1: Days . Observed
A. For bargaining unit members not on a 2417 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.
a. 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.
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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'/)
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 Pay.
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.
Section12.4: 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.
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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
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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.
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Section 93.3: 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 93.4: Leave Bank Pool.
The City shall establish a Leave Bank Pool, which the members may access.
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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 4/10 Plan - 4
Days on duty and 10 hour days. Any Patrol ¢
SGhedule will b 80 hour schedule under the 4110
Mar, 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. No
less tha 3- effeE;tive day of the-switch to the _ hour schecMe-
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Agreement, which shall remain in force for the du on of this AgFeement, unless the
parties Affected 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 start before 5:30 am.
D. The Department may temporarily change a unit member's '
schedule based on legitimate operational necessity Peed -s. Such temporary changes
shall be no more than fourteen (14) days in duration. The Department will provide the
affected members eyees with thirty (30) days written notice in advance of the
temporary changes, unless thirty (30) days notice is not possible, in which case the
Department will provide the affected members employees with as much advance written
notice as possible under the circumstances.
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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
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. U - men4be,s _
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`rs-_in-a- #eurteen- (1 4) 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
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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
by 14.1.
Section 14.3: Assignment of Overtime.
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: Off M Extra -- D uty crrrM
A. Any member may-vokwAa to work-Gff��
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Section 14.4: Court/Leg-al Process
O#ieer -s 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 the Gotrrt appearances. if the time exceeds the minimum two (2) hour
guarantee unit members shall be paid at their appropriate rate of pay stra ± ,e 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 14.6: Standby Duty On -Call Status
A. Standby duty on -call time is defined as periods of time in which the
employee 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.
Such standby on -call time shall be compensated at the rate of $20,00 per
day, when the member employee has been scheduled to work within the
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24 hours and is now off work. The rate of $30 per day shall be paid when
the eleyee member is scheduled off for the day and the rate of $40 per
day for any recognized holiday in which the employee is scheduled off but
placed on standby.
PBAcp 9.10.12, Pbacp 11.14.12 Pbacp 1.7.13
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
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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.
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ARTICLE 16: WAGES
Section 16.1: 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 received 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 percent (2.4 %) increase in base pay.
Section 16.3:Shift Differential , Assignment and Incentive Pays
Patrol
:3.1 Shift Differential for Second shift shall be $1,000 per year.
Shift Differential for Midnight shift shall be $1,600 per year.
:3.2 All unit members 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.
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Specialty Unit Personnel
:3.3 Detective Incentive shall be $2,800 for undercover and $2,300 for other
Detectives, per year.
:3.4 K -9 Officers shall receive $2,400 assignment pay, to include "dog days"
and
:3.5 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.
:3.6 FTO shall receive $2.50 per hour when training.
:3.7 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
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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.
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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.
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Section 17.5: Clothing Allowance.
Unit members assigned as Detectives on a regular basis shall receive a clothing
allowance in the amount of $1000 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.
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ARTICLE 18: PROBATIONARY PERIOD
Section 18.1: Initial Probationary 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. e etq
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.
Pbacp 11. 14.12
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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 shall continue to accrue.
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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. L_ a ryoff
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.
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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
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during this Agreement, shall be subject to the fifteen (15) mile restrictions herein. Take
home vehicles may not be used for personal business use, except for those members
who reside within the City limits of Ocoee. During this personal use no family members
(or others) may be transported.
C. Unit members residing more than five (5) to ten (10) miles outside the JPA
will have $30.00 per pay period automatically deducted from their pay, unit members
residing more than ten (10) to fifteen (15) miles outside the JPA will have $40.00 per
pay period automatically deducted from their pay, and unit members residing more than
fifteen (15) miles outside the JPA will have $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.
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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
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:
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.
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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.
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, ie: 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);
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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 Polic .
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.
Pba 1.7.12
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ARTICLE 29: 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 a full shift shall receive an additional $3.25 per
hour per such shift.
Pbacp 11. 14.12
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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 full ti nae employee and a shower area, which shall be available for
members employees 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
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final separation, his badge and a retired police identification card. The retiree shall also
have the option to purchase his side -arm.
B. 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.
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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,
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
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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.
23.6 COMPENSATION
When an officer is promoted to the rank of Corporal, he shall receive an additional 11.00
$45 per hour base rate above his current pay grade.
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Article 24
OFF -DUTY EMPLOYMENT
24.1 — General
Except as provided in this Ailicle, 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;
3) Easter 4) independence Day; 5) Labor Day; 6) Thanksgiving Day; 7) Christmas Eve;
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8) Christmas Day; and .New - Year's Eve.
�.s.
24.4 - Grievances
Any grievances relating to of this Article shall be handled pursuant to Article 6 of
this Agreement.
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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.
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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 185 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.
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ARTICLE 27: DURATION
i This contract shall remain in full force and effect through midnight September 30,
201 , 2d shall automatically renew itself for periods of one (1) year unless either party
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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, 201'_4, ornot�l ° ss than ninety
(90) calendar days prig to September 30 in any year of an au of ma is extension under
this Article.
Florida Police Benevolent Assoc., Inc
Date:
City Manager
Date:
Name Police Chief
Date: Date:
Name
Date:
Human Resources Director
Date:
Name Mayor
Date: Date:
90-
RATIFICATION
This collective bargaining agreement was ratified and approved by the parties on
the dates set forth below:
Date Ratified:
Date Approved:
City Clerk, City of Ocoee
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