Item #04 Approval of the Collective Bargaining Agreement as Ratified on March 29, 2017, by the Sergeants and Police Officers Represented as Members of the Police Benevolent Association \r�►'i'/
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AGENDA ITEM COVER SHEET
Meeting Date: April 18, 2017
Item #
ReviewedBy: / _I
Contact Name: Gene Williford Department Director:
Contact Number: 1032 City Manager: /// -
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Subject Approval of the Collective Bargaining Agreement as ratified o March29, 2017 by the
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sergeants and 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 the Collective Bargaining Agreement (by the
sergeants and police officers) and a subsequent vote by the City legislative body (City Commission). Since the
police officers voted 46 in favor and two (2) against and the sergeants voted four (4) in favor and zero (0)
against the ratification vote, the City Commission is required to vote to either approve the Collective Bargaining
Agreement as ratified by the members of the PBA.
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 the terms as ratified, in
accordance with the attachment received from the PBA after their vote on March 29, 2017.
Attachments:
Attached is the Collective Bargaining Agreement as ratified by the voting members represented by the
PBA on March 29, 2017.
Financial Impact:
Officers will receive a retroactive pay increase of 6% effective October 1, 2016. One (1) percent of this amount
will be contributed to the officers' VEBA accounts. They will receive a 3% raise on October 1, 2017 and
October 1, 2018 respectively. In addition, the "patrol incentive" of 2% will be added to all existing officers' base
pay and will be discontinued for new officers. The contract establishes a second "tier' for the pension plan with
a multiplier of 3.25% with a cap of 81.25%.
Type of Item: (please mark with an"x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion 8 Direction
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 Q N/A
2
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Ocoee
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC.
AND
CITY OF OCOEE
MASTER A AND B UNIT CONTRACT
Fiscal Years 2016-17, 2017-18 and 2018-19
T/A FY 2016-17 to FY 2018-19 Contract
ARTICLE I: 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 units certified by the Public Employees Relations
Commission certification in Case No. RC1674 or "Unit A" and for all employees in the unit
certified by the Public Employees Relations Commission certification in Case No. RC1839
or "Unit B".
B. The bargaining units excludes the Chief of Police, Deputy Chiefs, Captains,
Lieutenants and all other employees unless specifically included in the bargaining units
certified by PERC, as well as the following positions:
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.
iii. All sergeants assigned to the Professional Standards Division.
Section 1.3: Entire Agreement.
This Agreement which becomes effective October 1, 20165 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
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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.
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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, for any reason prohibited under Florida Statutes or any Federal
law 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
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
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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.
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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 PBA representatives, as well
as any designated substitute fef4he 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 PBA representatives Anion-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 PBA representative !_hien-Official, or his
designee, is engaging in such activities while on duty, there shall be no loss of pay.
When the PBA representative Unien--Official, or his designee, is engaging in such
activities when they are off duty, they shall not be entitled to pay.
B. The PBA representative Haien-9lfcial, 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 PBA
representative Unien-Official, or his designee, to the extent that the time of unit employees
is required, will occur during both on duty and the off-duty tinge of those involved;however,
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h^ ag ed e•^^o co(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.)
TM FY 2016-17 to FY 2018-19 Contract
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 thrce (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 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.
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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.
T/A FY 2016-17 to FY 2018-19 Contract
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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.
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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.
Informal Procedure:
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.
Sten 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:
T/A FY 2016-17 to FY 2018-19 Contract
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 seven (7) five (5) days after
receipt of the grievance.
Sten 2: If the grievance is not settled in Step 1, within seven (71 five (5)days
of receipt of the lieutenants 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) seven (7)
calendar days after the meeting.
Sten 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, or Deputy City Manager (DCM), or
Human Resources Director (HRD) 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 DCM or HRD shall respond, in writing, within
seven (7) days after the meeting.
1.6.2:1 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
'PA FY 2016-17 to FY 2018-19 Contract
an answer was due. The unit member grievant shall be entitled to be present at any
meeting held under Step 2 or Step 3.
2. 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.
3. 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.
4. 6..244 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
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.
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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.
C. 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. PTO may only be used to suspend one-half of the total suspension
awarded.
D. Except for termination, no discipline shall be served until the unit member
has exhausted hislker administrative appeals as set forth in this Article.
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, and 3 and-4
shall be processed, within the time frames established herein and if the Step or Steps,
including Arbitration, are processed during their scheduled working hours, neither the
Union Representatives 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
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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 6.7: Discipline Dispute Resolution Process - ( DDRPI.
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. - • : • • • - • •_
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.
Unit members in Special Unit assignments, who wish to return to Patrol on the
normal shift rotation in January, shall submit a notification via the chain of command, no
later than October 31, and shall participate in the Patrol Bidding (Section 7.2).
Section 7.2: Patrol Bidding Process
Unit members shall have the opportunity each November 1 through 14th 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. K-9 officers shall participate in the shift bid process, however no
more than one (1) K-9 officer shall be assigned to a single squad.
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.
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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.
7.4.2 Unit B members selected for a specialty unit agree that selection is predicated on
remaining in the unit for a minimum of two years. Unit members may request from the
Chief to move to another vacancy outside the unit prior to two years.
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7_5 Voluntary Work Schedule Swaps
Unit members, of like ranks, may voluntarily request a swap in work schedules via a
written request thru their chain-of-command. The request must include current work
assignments and a statement that the request is voluntary on behalf of both members.
The reason(s) for the request shall be included.
a. Work schedule swaps shall only apply to those members who work in the
Patrol Division and shall only be granted one time per calendar year per unit
member.
b. Approval by management must be obtained for the request and if so granted
shall schedule the unit members to change work schedules within fourteen (14}
calendar days.
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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: 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.
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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 ether
bargain:^9-Qa s non-bargaining unit, non-exempt employees and their dependents,
••-•• - - - •. .. .-: - • e . , ! - --. Effective October 1, 2016, the
insurance premiums for unit members shall be based on the City's October 1, 2016 rates
which include the Fiscal Year 2015-16 $25 per pay period increase for both single and
family coverage. In the event the City proposes to increase co-pays, deductibles, out-of-
pocket maximums, or premiums above the rates or levels in place for Fiscal Year 2016-
17, the City shall give notice of the increases to the Union no less than thirty(30) calendar
days prior to the implementation of the new rates or levels. Upon notice, the Union may
demand bargaining over the changes provided the demand is presented to the City within
fourteen (14) days of the notice. Should the Union fail to demand bargaining within
fourteen (14) days, the Union will be deemed to have waived its right to bargain over the
changes. If negotiations commence and no agreement is reached, the parties shall submit
their positions directly to the City Council for final resolution.
account for unit mcmbcrc.
Agreement
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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.
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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. All other unit members shall observe the actual holiday date.
B. The observed holidays are:
January 1 New Year's Day
January— Third Monday Martin Luther King, Jr. Day
May— Last Monday Memorial Day
July 4 Independence Day
September— First Monday Labor Day
November— Fourth Thursday Thanksgiving Day
November— Fourth Friday Day after Thanksgiving
December 24 Christmas Eve
December 25 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.
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C.
his ctraight time rate.
C. 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, unless the unit member is placed on approved leave.
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 1/2).
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.
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* YOS - 256.10 hours
B. A full-time unit member can accrue up to 580 hours of paid time off. If a unit
member accrues more than 580 hours of PTO leave, any hours over 580 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.
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.
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Section 13.4: 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 t ex.4"0., ^^ "
days on duty and 10 hour days a modified twelve (12) hour shift that consists of six (6)
12 hour days and one (1) 8 hour day worked within a fourteen (14) day work period. 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
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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 80 hours in a fourteen (14) day work cycle. Unit members
shall have the option to select pay or defer the payment by selecting compensatory time
for overtime worked. Any compensatory time in excess of 40 hours, not used by
September 30 of each year shall be paid out. Half of the amount to be deposited shall be
placed in the unit member's "retirement"VEBA account and the rest will be deposited into
the active account.
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
by 14.1.
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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: Court Legal Process 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 legal 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
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day and the rate of $40 per day for any recognized holiday in which the member is
scheduled off but placed on standby. Sergeants shall be compensated at the rate of$30,
$40, and $50 per day respectively.
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 base
pay or benefits. Members shall work under the conditions of the iob that they are placed
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in for Alternative Duty. Incentives shall be paid, if the member qualifies for them while
working Alternative Duty.
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
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 Wage Ranges.
30, 2015 is cet forth in Appcndix"A". The step plan consists of 10 stops. Effective October
1, 2016, the following wage ranges shall apply:
1. The wage range for Unit A Officers shall be $41,310.10 to $63,891.31.
2. The wage range for Unit A Corporals shall be $43,390.10 to $65,971.31.
3. The wage range for Unit B Sergeants shall be $56,052.62 to $78,697.32.
Bargaining unit members below the new minimums for their wage ranges will have their
wage rates increased to the new minimums. Bargaining unit members above the new
maximums for their wage ranges will not have their wage rates reduced to the new
maximums.
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 Wage Implementation.
1. No General Wage Increase (GWI) increase shall be provided for Fiscal Year
2015-16.
2 Effective October 1, 2016 each bargaining unit member shall receive a pay
increase of six percent (6%) consisting of a GWI of five percent (5%) increase to base pay
up to the maximum of their pay range, and a one percent(1%) contribution to the employees'
"retirement side" VEBA.
3. Effective October 1, 2017 each bargaining unit member shall receive a GWI
of three percent (3%) increase to base pay up to the maximum of their pay range.
4. Effective October 1, 2018 each bargaining unit member shall receive a GWI
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of three percent (3%) increase to base pay up to the maximum of their pay range.
4. Bargaining unit members receiving a longevity check shall continue to receive
the longevity as currently calculated.
5. Bargaining unit members who are at or above the top of the pay range shall
receive a one-time lump sum payment not added to base for any portion of the GWI
increases that exceed the maximum of their pay ranges.
Section 16.3: Shift Differential, Assignment and Incentive Pays
1. - ` • - - - - - • . - - -- - - - !e - . Shift
Differential for Patrol Division Night Mid-eight shift shall be $1,600 per year.
2. Effective upon ratification of this Agreement by both parties, the 2% patrol
assignment incentive shall be discontinued. All bargaining unit members, except for those
who have their pay increased as a result of the new wage ranges in Section 16.1 above
will have 2% added to their base pay_ A • ••- •• =- •• =•-_
shall receive a two percent (2%) patrol assignment incentive. Unit members a&cigned to
Traffic Motors and SRO duties are included for the purposes of the patrol assignment
incentive:
Specialty Unit Personnel
3. Detective Incentive shall be $2,800 for undercover and $2,300 for other
Detectives, per year for bargaining unit members assigned as Detectives and their unit
supervisors.
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 and their immediate Sergeant supervisors shall receive a unit assignment pay
of $1,500 per year. All shift differential, incentive and assignment pays shall be computed
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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 16.1: VEBA
will be that account/fund that is designated as a savings account.
As of October 1, 2012, a VEBA has not yet been cr ated, however it is understood
that a VEBA for unit members will be cr ated and in force prior to March 31, 2013. All City
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ARTICLE 17: UNIFORMS AND EQUIPMENT
Section 17.1: Uniforms.
Uniform classes are described in general orders. 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 (1) sets of uniforms, to include summer uniforms. Unit
long cleevo uniform shirt The City agrees to initially provide four (4) sets of uniforms
to all unit members upon hire. The initial set must include one Class A (long sleeve shirt
and uniform pants) and any combination of Class A, Class C (short sleeve shirt or
embroidered short sleeve shirt and uniform pants) or Class D (polo shirt and uniform
shorts). An initial block training uniform approved by the Chief will be issued to all
members.
Upon promotion, the City agrees to provide the Sergeant with four (4) appropriate
Sergeant uniform shirts to include one set of Class D and one set of block training
uniforms, but one of the shirts must be a long sleeve shirt.
Class D may be worn from April 15 through November 15 and any other time the
Chief designates. Breathable/mesh black footwear may only be worn with the Class D
uniforms.
Section 17.2: Footwear Allowance.
The Department shall determine and provide the clothing, shoes and other related
items that make up the uniform. The shoe footwear allowance shall be $00 poror tissued
pair-of-shees $100 per year paid to the vendor upon purchase of approved footwear.
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Section 17.3: Replacement.
A. Unit members shall be responsible to maintain in good serviceable
condition the initial issue provided in Section 17.1 above or to obtain replacements from
vendors or supply, if any, designated as acceptable to the City, at no cost to the unit
member. After initial issue, unit members may request replacement uniforms as needed
not to exceed four(4) in any given fiscal year. Members may request any combination of
sets of uniforms to include Class A, Class C, and Class D. Replacement block training
uniforms will be at the discretion of the Chief.
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 clothes, including undamaged uniforms and other clothes.
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.
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ARTICLE 18: • PROBATIONARY PERIOD
Section 18.1: trtitial 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.
The probationary period for newly promoted unit members shall be six (6) months
commencing from the date of probation.
Any extension of the probationary period shall be either through mutual consent of
the parties or through appropriate documentation relied on by the City to justify the need
to extend the probationary period. sergeant. Probationary extensions shall not exceed
ninety (90) days.
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. A unit member may utilize the
grievance procedures authorized in this Agreement to challenge an extension of the
promotional probationary period.
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.
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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.
Rank Seniority — shall commence from the member's initial date of promotion. As a
tie breaker, should two members hold the same rank seniority, the member with the longest
PDCE shall be considered the most senior.
Section 19.2: Benefits.
Seniority (PDCE) and Rank Seniority 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
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a position outside the Ocoee Police Department, but if into another position within the
Ocoee Police Department, the PDCE shall continue to accrue.
Section 19.4: Paid Time Off Leave - Priority.
When more than one (1) bargaining unit member of the same rank 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 rank seniority and then 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.
3. No person shall be promoted to Sergeant until all unit members who have
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been laid off or who have taken a voluntary demotion (instead of being laid off within the
past 12 months) have been afforded the opportunity to return to their Sergeant rank.
•
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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 in Unit A 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. Unit B supervisors shall have the authority
to deadline his vehicle or equipment, should the supervisor deem the equipment unsafe.
Section 20.3: Take-Home Vehicle Policy
A. Unit members shall not be required to use their own private vehicles in the
performance of their regularly assigned duties.
B. The Department shall provide a take-home vehicle for all unit members
officcrs 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
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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. This
shall not apply to existing members unless they move.*
D. Distance from the JPA shall be measured "as the crow flies" using
MapQuest, to the unit member's sub-division or home address, whichever is lesser.
E. Should a vehicle be "dead-lined" for more than two consecutive days, and
the unit member not furnished another City vehicle, no monies shall be deducted from
the members' pay for the duration that the member was not furnished a vehicle, on a
pro-rated basis.
1. Unit members who no longer drive a City owned vehicle to and from work
shall be provided a safe and secure parking facility; secured from the general
public, in which to park their personal owned vehicle (POV).
2. Unit members may voluntarily give up their right to a take-home vehicle.
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-
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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.
Officer., Unit members will not be required to transport persons detained in a
vehicle not equipped with a cage, except in an emergency, and then the transporting
officer will be assisted by another officer.
Section 20.5: Portable Radio.
No member shall be permitted to work his tour of duty without having in his
possession an operable portable radio; provided, however, that in Management's
discretion, a member not having an operable portable radio may be reassigned to other
duties where a portable radio is not necessary.
Section 20.6: Firearms Training.
Semi-annual firearms training will be provided by the City, to include shotgun,
rifle training with live ammunition. No less than semi-annually, the City shall furnish a
box of ammunition, caliber to be consistent with the duty issued sidearm, for use by the
bargaining unit member to practice on a firearms course in order to maintain sidearm
proficiency.
Section 20.7: Physical Exams.
1. The City agrees that each member will receive, unless he objects, an annual
physical examination by a physician designated and paid for by the City, which includes
the following tests:
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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 Nicotine Free Tests.
Every other year, unless more is determined by a physician, in addition to the
above tests, employees will be given Spirometry, T.B., Audiometry and Urinalysis tests.
Scheduling of the physical examination will be on duty and at the discretion of the
Department and results will be sent to the member by the medical provider.
of the Physical A-ccc..ment tooting.
The $300 will be placed in the active side of the VEBA for ach qualified
` EB
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:
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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 20.8: Fitness for Duty.
Any medical or psychological exam that results in the member being considered
as unfit for duty, as attested by a qualified medical provider rendering his opinion of the
member's limitations described in layman terms shall require the member to use paid
time off until a subsequent exam finds the member fit for duty.
Members shall undergo fitness for duty medical evaluations, at the City's
direction, by a medical provider selected by the City. The medical provider shall provide
by way of second opinion, to the City, his opinion of the member's condition and what
limitations — in layman's terms, if any, the member has and if the limitations are
permanent.
Should the member provide qualified medical information to return to duty before
the City (Police Chief Human Resources Director) believes the member may return, and
a final determination is made that the member could have returned sooner, then the City
shall return that portion of the paid time off used after the date the documentation was
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provided.
1. All members shall receive a health risk assessment as part of the annual
lahysien
4 No results of any physical testing done on annual bases shall have an
Section 20.9: Druq and Alcohol Policy.
The City Drug and Alcohol policy contained in the PRR shall apply to bargaining
unit employees.
Section 20.10: Random Druq 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
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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 Nicotine Free Requirement.
All members hired immediately after June 20, 2006 must be free of tobacco
nicotine use and must remain continually free of any tobacco nicotine use as a
requirement for continued employment with the City of Ocoee Police Department.
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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.
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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 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
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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.
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.
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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.
234 23.1 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 23.2 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,
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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
and select the next 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 deteimines 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.
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236 23.3 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.
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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 paid to unit members for off-duty law
enforcement related employment shall be thirty - two dollars ($32.00) or if acting in a
supervisory capacity, the unit member shall be paid thirty-seven dollars ($37). Off duty
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 paid to unit members for off-duty, law enforcement
related employment ohargod off d ty erc for the following nine (9) holidays shall
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be forty dollars ($40.00) per hour or if acting in a supervisory capacity, the unit member
shall be paid forty-five dollars ($45): 1) New Year's Day; 2) Memorial Day; 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.
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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;
members listed in the PRR's, including a member of the bargaining unit for issues
impacting members of said bargaining unit.
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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 185 175 Plan as established by the City of
Ocoee provided they meet the eligibility requirements of same.
26.2 Effective October 1, 2012, the Pencion Ordinance shall be amended to CAP the
hired after October 1, 2012. The Pension Ordinance shall be amended, effective upon the
date of the amendment, to provide that the minimum in-line of duty disability'benefit shall
be increased from no less than 42% to no less than 55% of Average Final Compensation.
Additionally, the Pension Ordinance shall be amended to provide that bargaining unit
members hired after the date of the amendment of the Pension Ordinance shall be subject
to the following:
1. A pension multiplier of 3.25%.
2. A cap on the monthly retirement benefit of 81.25% of final average compensation.
3. A minimum of seven (7) years of service with the City in order to be vested.
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. The bargaining unit members'pension
contribution shall be 8% of pensionable earnings.
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
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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 - - - - - �- - - - .- • ' •.• -- - - may
elect to have their account credited with either interest at the rate of 2% per annum or the
actual net rate of investment return (not less than 0%) of the Fund. One change in election
is permitted during the DROP period.
26.7 The City and Union agree that the pension multiplier will remain at 3.5% for the term
of this Agreement for bargaining unit members hired prior to the Pension Ordinance
amendment set forth in Section 26.2 above.
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ARTICLE 27 SERGEANT PROMOTION
The City will promote Sergeants in the Police Department in accordance with the
established General Orders, effective September 30, 2015.
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ARTICLE 28 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.
1. Unit members participating in the City's Physical Assessment Program shall
receive a $300 per year contribution from the City and the equivalent of sixteen (161
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.
2. 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.
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ARTICLE 29: DURATION
This contract shall remain in full force and effect through midnight September 30,
2019 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. Robert Frank, City Manager
Date: Date:
Name Charles Brown, Police Chief
Date: Date:
Name Gene Williford, HR Director
Date: Date:
Name Rusty Johnson, Mayor
Date: Date:
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Appendix-A
Step Pay Plan
Fiero] vp AD 24Ay 211�j
40,500 12,000 13,092 13,570 15,718 47,850 49,061 51,120
8 9 10
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Anoendix A
PBA COLLECTIVE BARGAINING AGREEMENT
GRIEVANCE FORM
Employee's Name Class Title
Business Address Department
Division
Business Telephone Unit _
Social Security Number 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
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(If space is insufficient to write complete information,attach a separate sheet.)
White OFFICIAL - Step 1 2 3*
Yellow Representative (if any)
*Circle appropriate step Pink Employee
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