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Resolution 94-782RESOLUTION NO. 94-782 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, ACCEPTING AND APPROVING THE AGREEMEN BETWEEN THE CITY OF LONGWOOD, FLORIDA, AND THE CENTRAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., COVERING THE PERIOD OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1995, WHEREAS, the Florida Collective Bargaining Law provides for negotiations between the City of Longwood and empky- represented by a labor orgenrzatimt; mld WFIEREAS, the City of Longwood and the Central Florida Polioe Benevolent Association, Inc. have bald numerous meetings and have jointly developed an Agreement I._Id and mu-Ily b¢nefieial working and economic relationships b0—, the pa Iiesr and WHEREAS, City Employe99s presented by the Central Florida Police Benevolem Association, Inc. have on �-- a'Y 1994, ruti£iedanagreemen[ between the panes, hereto NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That fire attached agreement between the City of Longwood and Ilte Central Florida Polioe ➢enevolent Association, Inc, is hereby accepted and approved effective October 1, 1994. 2. That the Mayor and the City Administrator ate hereby autlio�ized to sign the Agreement on behalf of the City of LolIV—d. PASSED AND ADOPTED THIS/Y /, A.D., 1994. LQ Stcve Miller, Mayor ,Geinidine D. Zambri, City Clerk Apptnved as to Loon and legality [or the use and r li f1he.C-+4' f l,b¢nw d, Florida, —�Ft T M5"T rdr., Gon ty A my ��10 . Collective Bargaining Agreement between the Central Florida Police Benevolent Association, Inc. and the City of Longwood October 1, 1994 through September 30, 1995 Table o£ Cont®nt Preamble . . . . . . . . . Recognition . Prevailing and Management Right, Indemnification . Employee Disciplinary Procedures n-Discrimination Longevity . orking Out If Classification . Work Week and Work Shift Seniority and Reduction i orce Deduction e Procedure . Arbiteation . Educational Incentive . Physical E and wo e s omp rat Provisions severability Clause . Holidays 34 Publication o£ Agreement 35 - nit Compensation 28 36 Duration 28 App. A Step 1 Grievance Form . . . . . . . . . . App. B Step 2 Grievance Form n 30 This Agreement i red i an o by d between the City of Longwood, hereafter referred t ity" o employer" and the Central Florida Police Benevolent Association, Inc. hereafter referred to a. the "Union. The general purpose of this Agreement i ablish wages, h and teems and c employment for unit members and to provide an orderly procedure ofor othI resolution of grievances. cognition of the Central F rida Police Benevolent Association, I established by a order of the Florida Public Employees Relations cognizing the ral Florida Police volent Association, In s the sole and exclusive bargaining representative employed by the City of Longwood within the classifications of police officer, de r mcycle officer, police corporal and police eigeant� xclud ing policI lieutenants, nal tigations division c antlers, police captains, chief Ifipolice,i ands all other employees ofmthe City of Longwood. All and conditions of employment which apply throughout the department the bargaining nit the effective d of othism Agreement shall not be altered by the City withovtrafford ing the Union a opportunity to negotiate vch change, to the extent that nthe change impacts Union wages, hours, or terms and conditions of employment. cept a specifically abridged by any provision of this Agreement, r thCity, i order t mp olish i objectives, may e s all previous rights, prominent a ong which, but oan by n who). ly inclusive a retention and r vation of all itsmar and inherent rights of its affairs all espec ordancI with n ons respibilities, whether 11 luding, but It t r rights to an determine d oncfrom t ne r r determithe number, location I- type of workforces, facilities, operations and required i roperations shall be performed nby rempl.y._ c ored by ant' ene ing bargaining agreemt; to transfer its work o ce ork xfors, ither i whole or part, from or to any of its facilities or local i.onsn types grades of positions11 employees e signed nt ba organization o , department o project, to establish and change work schedv les, assignments and facility locations; t. hire --­ promote or d.I." employees; t. lay off, terminate, or lth—irelieve — r-as--; t. —Pend, discharge, I, discipline —plIyfor - -P—i—' I, It— city "Pl'y... t, perform work 11 the khperformed by employees Ift"Uto implement tC.g—I -—I; equipment andtechniques ,—�'i— t' otherwiseand — take —b Tag'mZ determine 1,1,t.--y llly,ffitT.t —d economical Operation of the Police Depart ... t. of uch shall preclude ..,l.y b�it representatives f... t ... ` grievances, lhIl'd — — — -- matters h— thepractical __=i. zi- If i,q the terms and conditions f this probationary period for I new employee Ih.11 b. one (1) year. ARTICLE 3 I.—IFICATION When the City may 1.9.11Y - I., the City —11 furnish t. b­,iIi,q StItlt, 5 768.28 (5) —d (9). NI employee It -It - th. City -111 be held personally liable i—t far any injuries It damages suffered t.suit I, any ­'-It-­If action iI the scope If hitIpiIYI It .1employee —h .q.—in a faith .' with malicious purpose or in . manner exhibiting -- and 4.1 The City shall furnish the CIi..office . copy of all -- subsequently I-- ritten rules.1 regulations pertaining tIiemployer- employee Department R.— Regulations, Standard Operating -p—i— I D.ty Manual — --ial dit�ib.= t(�j—bh— of all the _­­2 —it Th. City will P-1— _y i other --dhtht, not requiring negotiation prior t, Union representatives and —PI.Y.— —11 be allowed t. cote oEf icial union 'C'ib— il ,-,Ilk 1plllI d.lilq employees -1-WIlk b-1 I.lb— nth t],h .—ct t— _� t —Y disrupted or interfered with. ity 1-1 provide, If reproduction ti- eh-bl" td PC_tt.Florida Statute §119t07 (1) copies If the Piticontrol the Union shall lt: The shall —It—__'_pand ...h. of all bargaining units —bers. A designated U representative will be released from duty with pay, for a of t o (2) hours, o upon a mutually agreeable im betweenw the City and for the purpose o£e attendance at the grievance hearingsabd ther employer -employee proceedings subject to duty requirements. in Union ity intimidation n by the hCity or the U employees shalli enjoy all other rights and pr i,ilegesr as outlined in The procedure to discipline scharge shall be orda nce with the Policies andaP cedures of the Department as issued by the Chief of Police or his designee, or as 5.2 ritten Complaints against employees wi.lariz .l be noted i�ndicatinq the allegations r rue tto the best of the mplaininI party's knowledgeavit i agreed t zed statement i required whenthe complaining party is of City government, ih is complaining £ s ider —tin— County, i. ted fany governmental agency/officer o when, under ilawlarom the c ust be forwarded to the criminal —tics standards and Training commission. Employees shall be allowed 48 hours to r w the completed ciplinary Investigation and provide a ritten response t the i set igat n pri any initial recommendation from the employee's supervi—(s)t. o peemanent employee shall be disciplined 11 d arged ithout proper Probationary employees who r t—ib—d during this period shall have a right to have a Union representative present during the termination meeting. The charge 'conduct unbecoming an oPPicex" must contain the rogation by the Police Department far any r n that ould lead d t ciplinary a , demotion o i sal, such investigation or interrogation shall be conductedunder the the s of the i estigation is of such a degree that immediate action is required. B. The employee will b informed of the charges against him when n tified o£ a pending 1tvon tigati/interview and/or relief from dut upon y, unless, is the department's opinion, h Quid compromise the investigation, and theemployee [shall be so informed. the the interview, the employee s under tigation m t be informed of the charges against him andthe n of all known complaining parties prior to giving a statement to the investigator. C The employee under i estigation will be allowed to read any lilt— statements and listen to any audio tape ngs iof principals and w it s the i tigation before the interrogation begil- The employee must be informed of the person persons charge of the estigation, and who will be conducting the questioning; however, no more than one person shall ask questions at any with rest periods being called periodically for personal s it ies, meals, and telephone calls. All questioning wills normally be conducted in the Longwood Police The formal i rogation/interview, of a employee o any issuance of ntorders in disciplinary matters shall be disciplinary action a of obtaining information. The employee c becte jd to a anguage o promise of reward as inducement £or answering questions. r F. If at any time during the couof the inteznal estigation, the employeeunder tigation il uspected of mitting nal offense, for which charges may salt, he shall be advised of his nstitutional rrights prior to ement of any interrogation concerning criminal chargesnc G The employee shall, a , have legal c sel and/or a representative I-- during any i rogation and may ranted noble periods nofr private consultations gwith that sa11911 counsel and/or Union mediately a ailable, the interrogation shall n postponed for m e than 24 hours or the close of the first o business day whichever c s later. This time period i subject to extension upon mutual agreement by t e partiess Legal sel repre entatives may advise the employeeo or questions. Employees will be required to answertruthfully all questions asked of them. H. A breathalyzer test may be administered to any employee who uspected of being under the influence of a alcoholic beverage while i n duty status. If a raffic related s mm offense i itted o n-duty status o volving t operationof ity o ned vehicle, employee may be ordered submit to wavy e designed to determine intoxication the presenteof alcohol ontrolled substance rn Ue body, urthermore, aemp loyee may be required i to s test, if any appropriate r r sthis to be 'lawful. 5 employees have theright t refuse to submit t a test, reference will be any document/proceeding ing the employeese refusal. C.V.S.A. information shall nnot be used for disciplinarypurposes without at hand will be asked. Reports of s and/or nat ions will be made part of the h investigat iv files e i ing i nal investigations o ns, rogatioquestions ust ntlimitedto the un ms{antes ding the employee alleged iolation,cu and information relating directly to the v t hand. I nstances of alleged criminal ac , questions may also be asked relating to J. No citizen police disciplinary review board will be established in this City. K. r to t e final r solution of the disciplinary matter (th ough Step 2 of t ne procedure), o public emen statts will b s .,Cl whicha e known to deliberately par jeodize a accusedemployees right to a fair hearing and/or trialn . An employee relieved of duty fox i tigation of alleged r iolat on(s) will ailable at ehome, or by telephone pagingr device, during ibusinesa hours (a a . to Monday through Friday. If not a ailable by telephone paging device, if it i ary to leave home, the employee will request permissionc from the I nal Affairs Office and notify them h w long he/she willtbe gone and how he/she c be ached. o uch permission will not nobly denied. The employee shall r n full salary until such time he/she is recalled and/or odisciplinary action rs M. The findne ings of Internal Affairs Investigations shall be labeled " d" (guilty a charged) o not sustained" (not guilty)talnnfounde(without m it) o a[ed" (act was legal). No otherb, terminology may be used. M Only " ustainea findings will b tea i employee's nel File. Said findings shall be expunged aft ex o (1)syeaz from thce ent employee's P The Internal Affairs disciplinary file will nbel purged in ordance with Florida State Statutes or as otherwise legally provided by law. 0. For the m purposes of r ending discipline f ustained iolation, t empl.yee�ssupervi sors( s) shall only receive information relating to an employee's past sus--d un- purged violations. P. An employee who i riginally interviewed a witness and Sequent ly becomes aspect will be immediately so adbv ised and all appropriate tights shall attach. Q. W the disciplinary i stigation i omplete, copies of them estigative report will be provided to the employee at no cost upon request. Any employee who ned before departmental t igator, e Internal Affairs Section during his n mal off -duty hoves will be Ompensated topr the appriately established r for those thou ose hrs a vally sl—t i attendance. hey will r of two f2) hours compensation. ca Phone lls t an ployee vo behalf of the department d ing the emplOyee'soemff-duty hobs will ne M. 0 for ompensation t the employee. Such phone callsshallnot be sed for interview/investigation purposes without the employee's consent. All employees shall h e the right to inspect and make n of their individual r orris and no records will be hidden from the employee's inspection. Bargaining embers employees will be held table for the Oath of office, code of " Tt, Mission statement, Regulations and Standard Operating iolating the Oath of Office, Code of Conduct oY Mission statement. B. Violations of Other Written iolations of other work rules ew ill ebe documented in the employee's supervisory notebook. C. TVoes of Discipline: Fax (1) iolation, there will be (1) type discipline. Tha types of discipline shall be as follows: ral Reprimand 2. Written CensvYe 3. without ply .1, t the 11plly.— di _ 'i.I the forfeiture If --td —.ti- leave, provided the violation does not i-11. indebtedness the city. 5. D—Iti— T—li—ti— Ero,�: Dicip line will —.11Y be progressive for IiIi— violations ­, 11 appropriate initial discipline i. - i.lti— hall be invoked i—i—ly. All other di—pli— shall be invoked at thI --i— If the grievance process. NON- N.i the -i— — th. City —11 discriminate against "I employee on the basis If ­ color, religion, age, g—d- 1:l1 b 1b 11hi, 11 111--b ... hip. in this Agreement If the designation --i.q to any ..pl.y.. It— -- "he" or "she" where ever used. N. —plIy—- 11 b. subjected to negative-1— i—ki­ 'Iy sight I, privilege granted t, Ilpl.y... I a FederalI, r local —di—- — through the terms of this Agreement. EGEOITY A —9.1ity payment If $75— per year, for each yeas If _ti--1 City .—i­ p to . . If $1 —00, shall be paid t. all UCit Payment LongevLongevityIf the Longevity — shall be made.... 11ly the —i— fi— ply period in December. —11 t. ..d. by separate check. —t 111— required t. work� , higher f i _ti_ 1.y — _ the 1—p—libiliti., If . higher classification, —11 b. placed i. the If the — —my 11 1 fivepercent (11) i--- beyond the employees .. _t salary range,wh i-- il greater, for each day -- in 1-11 If three (3) —k shifts. fl­ ' WORK WEEK -D WORK SHIFT 9.1 The --ld payroll 1— —k —11 h,i. at 000-1 hours -1— —whicperiodW_1111y and end It 11. Tl.Y, which period 11 b. referred to as the --Id workweek. lh, lit . ..... 1111 — 1by this Agreement shall rk _ l .. t_ two( 2) forty-two(42) h.— t fourteen 111) day appropriate _ with consecutive l.y, .11. 9.2 1a11 IIllentitledy I shall b. entitled t. , paid meal period during his ', regular Ilk shift. E.pI.yl.l working. well. (12) h", —I ,lilt . be entitled — (1) thirty (30) i..b. _l period. Employees working l — and one half (lD 1/2) hour period.IlIki, eight entitled %p."(YI')"thitty (3 i.— E.p Ylll working —11. (12) h— shift, —11 b. allowed two and o n the and half of the w.tb —It. Employees t" and Thalf . (10 1/2) shift, . hl— shift,shallbe �llo­_ (2) fifteen1 -light i- P.,ilds du' 'i"g th t h.If ft(k% h—hilt and one during th. lll—d blIf f the W.tk shift. F., — purpose f this Agreement, shift th. time during—h —employee i_ scheduled d-tyj1'I shift shall ll-11. t— h10 1/2) hours eight 11 Ilpllyll shall b. required work a ,lit hilt. shift rotation__ r _ employee rotatest. h shift, the employee(s)will 1. entitled t. �t I— th, numberof hoursl"'l to ,, scheduled shift f off -duty time prior to returning to —k. required, itIt"eZp'l wy­ adjustments t. —d ... ign ... t. will b. given�t leastf..r ( 1) 1 Y, notice. When squad —l—ig-- — --ry duet, .igl , til,ll described il tiemployee will berg — . h notice as possible. , %_�'ti— twithpr evailing —i I, city ordinances ­ regulations ­1­ andadministered ini- accordance with the provisions of this F­ the purposes of .—ti— computation, voting time, blood donortime, J,,y duty, �i�h therapy or treatment for job injury, . active status, - , status, stand-by time, I., , and military i.— from duty b .y t., shall ..t be .... tt—d as A11 authorized time worked i - f d daily IIbIdIl.d work shift will bb —bdd t, be paid the I.- f and on: -half til.s the employee's b.— td— pl_ leaving the employment of the department ­11 b. paid for all — ... a compensatory time, less ­y pp—tti— taxes — outstandingindebtedness.,bd the C ity. Should 11 employeedie while employed by th. City, the employee's beneficiary, ­11 --i— payment for all ... I'll ompensatory due to appropriate t­ and any outstanding i—b—b— .—d the gty- The ­­­ t, .. ­pl.yd.'s beneficiary in this — any other Article i. this A,­.b.bI ­11 ­­ the beneficiaryd igb—d by .. h .,pl�y.b ib ­ti� �dig­ by him ..d Mi'—d t' the City during lifeti'.. If — ...h designation then it ­11 It. paid t. his child or children — spouse i. equal portions, and il bb.— A. An employee .—d b— t, ­k after —q— working h.... Standby A. Stabddefinedaperioduty b-call time is defined the period i. which the employee i ?. ordered by h. Police Chief r his dig... to be readily accessible by t.l.ph.ne at his/her pl... of B. S—h standby t1h, when the employee i. not actually _b ib, . p i. b.t --id—d ti.. ­bbbd, but i� .... ­d at the rat. f two -tenths( '/l�) our for each hour of C. Detectives, traffic V"W"t and "' officers ­11 receive . $40.GC monthly special assignment stipend. C. A detective 11 tl.ffil homicide i—ti,t— i� i. b —.11 t.— will be permitted take home city —hi— when i. said ­­. Employees will I ... il. ..P.—ti— for training gt their regular rate 1— required by the d.p.,tb..t to --bd d—ingoff-duty h,.,,. This provision .—I not -pply t, t-1,111 11 t any P.lill training prograprograms_t '.y be 'tqIi'Id t obtain —Itifi—i" 11 qualify for — additional compensation —i blb by —, —r. _battendance 11 not ordered by theCbief of Police or his designee. i_. Employees designated a a Field Training bh.11 be paid additionaldollar ($i...) f.b each h..b the ­I.y.. actually performs field training duties. —I A— 1 leave is provided t. — .Y eligible ..Pl.y.. .. b.:' I—ti.b P—ibb . A—d —.ti— I.— is I.— ..bbbd that is unused at any given ti... 12.2 Monthly ab .. al of —.ti— I...e days will b, d.— .. the 1st of the --' following the month worked f., the accrual. 12.3 I—Itill I.— day. may not It. —b. until earned/accrued. A —ti— day .—I be the equivalent of the ...— f h.... scheduled —k shift. n 1e... shall accrue --d— with the following —h—I.: I.of 5 ce vs/Month ,tb 11 'b . Y.— --ti— 1—v. bh.11 bescheduled,taking i, due .... id—ti., tbb .pl.y.— seniority and departmentald l needs. '" PY'7'� ... .__d g.to --I, prior . March3I —1, Y_ ' I— ub—d vacati­ end in—.— �f three hundredhundredsixty hours, �' thb of each calendar y.b.11 be paid t. employee each y— i, the month of January. 12.7 Should employee — retire r tift.. Department, be/she shall be paid for accrued vacation time. 1— Upon the death f — �I.y­ — ... —d v—ti— leave shall be � paid t, the beneficiary designated . f.�'P by the City and filed with the ..pl,y,— personnel record. 12.s Vcation l.— ..y be used in one -quarter (1/4) hour i— ARTICLE 1 SICK LEAVE aid ilk leave i, time Iff granted employee I. cuperate f illness o cident. I ithin Uirty (30) days, after rothe exhaustionc ompensatoxy cation, leave, then employee c presents o.petent medical ..Lenceekthat he will be physically incapable of performing full employment employee hall be granted a of employment rights to a tal of 1 calendar days fro. date of injury o set of injury inclusive of accrued compensatory time, vacation leave, sick leave and ted v ection 1 and only forth. time a tualiy req'it" if a employee has not returned to work by thethird scheduled work day he may be asked to produce a physician's certificate. k leave shall be e ned at the rate of o e (1) day per month equivalent to the number of hours in a scheduled work the month, following the month worked for acexual Sick leave may be granted for: A capacitation by r of illness or injury not related llbb.ltld h City s v a. Medicaldental, or optical .... i.ation or treatment. charges of ilk leave shall be made in no less than one- guarter (l/4) hour increments. The on -duty supervisor shall be informed of a absence due t illness as soon as the employee reasonably believes his/her 33.> In those instances when ah employee il Injured while on -duty and it it i mades dry for him to be relieved of duty, n charge will beagainst the employee1s sick time for the remainder o£ his shift. 33.8Ab employee injured o e job shall be eligible to recelve accrued sick leave payment, transferred to another City position. 13.10 Employees — do — — �ick 1-1 d1IiI9 the period October t. September 30 If I— yeaill I-1— I --d... I.— If twenty-five percent (25%) If his dIy'� pay at thee regularttime rate'ight time I, each day If sick —, e ... but IledEmployees' II I d.Ii.q th, pl—diIg —1— I.Ith- ould be eligible t ve Sick Leave 1—bti— according t. the following schedule ce or15 Shift Payment If the bonus will I. the fit.t ­`y it D-1-1 and willnotI—It il th. I... I deduction from th. ­I.Y.— t_1 i- I. —I --- 1-1 A. employee separating from the City with t n (10) yearsi. good standing —11 b. paid 111 50 8 If the v".. If the I.— It11'i"leavecredited t. th. dhe leaves — Cityemployment. Payment11 b. based on the IIpl.y— regular It. If pay at time If separation. 13. days i� —11.1t to (2) sick leave shift I personal I—., — a fis cal year. ..PlIyII1 .,I eligible completion of T. (.) bonth, —tinu- -_ing —I If l,pl,y,,, — d, I.1 utilize the --- tip-- leave hours _it' the fiscal year may I.t ...... 1— it III --y 13.13 Upon the death If — —pI.y­ all ...led/accrued sick time shall be paid I. the beneficiary designated .. . f.. approved by the City and filed with the I.pl.y.— personnel record. ARTICLE — 1b. " EOUIPMENT ISSUE -b -1—C. 14.1 The following —i— will be i—d by the City I. I— _ - —- —— employee reprentby III bargaining it: 1 Belt, pistol 1 llltlidgI I double magazine h.ld— I --_ — _ b—t" "'I't . folder with badge Winter jacket 1 Wfind b-- jacket I -111"t I short sleeve I shirt, I— I-- eaage -automatic side arm Handcuffs 1 Vest (bulletproof) Additional £quinment for Motor Officers I` Illy —­Relmet (certified by the b—f—t. — t, — 11 tiwith --b, Motorcycle r meor 11—I"tI —di.--i—ti— _i_ 2 Pair riding b.— (replaced as necessary) 14.2 Th. —t f —i-- f these articles .— It I . paid by the employee. g— Th. City will replace o repair, at its —t,uch it— when —b replacement or repair is necessary determined — i— by the City. 1— Up- termination f employment, the —id— will be endered y the employee in like condition as when issued, reasonable wear and tear excepted. 14.4 In the ... — employee from i� t—CId the department, _ I-- —pl.y—t of the department, he shall return all —if-- and --y equipment t, the department before final paycheck, — — employee of th. City, i. i .sued or the —t h— after ­­ to another department within the City. —ding those signed t, the City/C.—ty Bureau,sh 11 t—i— $4-00 per Y—t clothing P.Y.ble by the 1— pay period i. .... f each fiscal year. Temporary p ... y ..... ig ... bt t. a P..iN ti.. requiring P— Mt � ill — preclude the clothing —if... division .1 —it t . . . nit where plain clothing i dress, -- . required dS, 11 rit�, -- effective 11fftiwith the I_— in which the --f— '. made. ,it ... — -clothing P-1— it— damaged i� the performance of e accordance With the =nt,—1 b repaired ., replaced i� city Policy. 11 b. permitted to attend, at City l City approved annualannualtI. S.—.A., or equivalent, training. ARTICLE 11 I-- - .... C. Up f the Police Chief, I.— f absenceWIt _ht ply forth. P.Ip— of e ing upon a of .titg o, study .1.1.tld t. —p...e the quality f —i— sh— b. granted. N. benefits, except seniority if —th period of the leave. All approved applications Administrator. for leaves of absence without ply "It 11 by the City —1- expiration of the leave, Will 1-1. t. the — Itt, Whenaver 11 employee — sustains injury ... P—un der 11 Florida statute ya , as the _ may be --- it.m timet� tim,.t.he, salaryCity will pay the employee — difference - the salary including any ldj..ttC.tl at time of injury bltl and compensation wage111t,authorizedlld untilttheemployeeemployeet—.h— ..i— —di-1 i.p .. __t ., i� ..th.tid to return t. work i, , light duty status, whichever ..... first. While tlII disability lll— ..pl.y..s shall be entitled benefits provided by City policy ., by this Agr Any bargaining —it -- injured .. the job —1 b. paid his full days W­ for the day of the aC.id..t if his t—ti- physiciandirects that he should not return t. W— thlt .y . 17.1 — City and the -- WI 11 ­P—tl ib the continuingobjective of eliminating accidents and -- h—,- 17.2 11PIlyll, 11,111d by t is Agreement - At shall required t. _ l _i_ C, piecef equipment ......ably deemed-- With —p— t. — l—W—_Cbly safehlll relate to brakes, tires,g ts P., gl.y flashers, amensHorns and/or steering. employee c red by this Agreement feels that a vehicle o other equipment i safe and, therefore, unfit for botTlce because it i a holy iIo himself of to the public, o he shall Immediately inform his Supervisor. If the hall n t be used u 1 it has been inspected and determined safe. Should t Supervisor not c the employee shall document such u safe c diti— and supervisor's .—It, i x iting and forward it to the Chief o£ Police v a the Chain of Command. Officers coming on or going off -duty shall report any during a shift to the Supervisor. If the unsafe equipment is a vehicle and the nature of the icle shall be dead lined a e location where it is d safe. A employee shall not be required to deliver — a safe vehicle t a place of rep, ii. However, if the nature of the u safe condition i uch that the vehicle ... be driven to a place of repair by the semployee without haeard to himself o t. the public, he shall do s The employee's Supervisor will make final determination as to what action will be -- 11 Shotguns will be mounted in the front area of each vehicle. ach bargaining u or member, prit our ing his tof duty, shall be ue i a ble radi.. N. employee shall be ed to work sdporta forc his tour of duty without having 1n his 1�.10 argaining unit members shall n t be required reired to transport live animals in patrol vehicles, oexcept for cats in cages. 18.1 Off -duty officers responding, nregularly scheduled day .ffto lI gprocess r sultant from performance of duties, shallbe al granted t(_) of hand -half (1-1/2) paid time, calculated i enthsours, for those off -duty hours r portions thereof actually present at the legal proceedings. Actual t attending c esponding to a subpoena, sultant from perfoxmanceuof official duties, shall have such sid—d a morked, and compensated i orda.ce with Article 1 of this Agreement. H in all c the o will I o less than t o (2) h.— ofapaid overti—, - be calculated not the straight time rate. Employees shall be allowed to keep any subpoena fees legally due them far off -duty court appearances. The City agrees intain the present health ene bfits, er:ten to the t that said benefits may be r .ably obtained from a rcial source licensed to do business in the State of Floridae The City shall contribute t offer group health i hiemployees who may elect group health i rageafor m/herself for his/herself his/her espouse and/or eligible dependent(,) in accordance with the following: A. E 1 h The City will contribute --hall (1/2) to the cost of group health insurance for the employee, single coverage. The employee will contribute o e half (1/2) t the c of grou p health n c — i,gle rage and premiums will be paid tb... gheegular payrolldeductions. B. mdent Health I e enCity will contributeo e half (1/2) o the c of group health £or dependent coverage, oi£ so selected by the employee. The employee w r e-half (1/2) to the cost of group heal th rbfor o dependent rage, if selected by theemployee and premiums will be paid through regular payroll deductions. The City ogre o t pay 50% of dental..... age and otherwise to intain dental e benefits, to the extent that said benefits may be —..ably obtained from a 1a1 source licensed to do business in the State of Florida. The City will contribute to and o employees who may elect group dental ei rage for him/herself for him/herself and his/herCespouse and/or eligible dependent(,) in accordance with the following: The City will contribute o e-half (1/2) o the cost of group dental insurance for the employee for single � coverage. - 16 - The employee Will Illtlib.t. ol.-half (1/2) t. the —It If e for Ingle rage and premiums group will be through The City will —thi—I .—hllf (1/2) t. the If group dental i ...... � fordependent coverage, if 11 selected by the employee. employee Will —ttlibItl (1/2) t. the —It If _bp dIlt.1 for dependent rage, if I. selected by th. employee and pl.i.ts will be paid through "g—, ply-1 1— The City 'h"' PlIlill Ill. ill—l.., or death benefits, for 1-J, member of the bargaining hit in d.with Chapter 12.19, Florida statutes. -1ECE - —LETIN BOARDS The will be allocated nab le portion (approximately 1/3) If th. designated bulletin board posting E Union material Such blllltin board space iI —1, :i—ly Ell the U.I for the p:, l— b—ilb.--ti— I— .till,I and I.i.1 activities Ill imaterial related t. thplIyl, relations I-- - I The U.i.l shall ­ post any materials which — obscene, defamatory or ilp,ii, the operations If the department. 20.4 The Uli". may distribute Uhi.. literature Ill Ill on hlt.hi— through th. ­I.Y—Ill i'f .... ti ... I boxes by of ARTICLE 21 SEHIORITX 2—city for the P_lo_ of this Article is defined as the —il _ ,t,lllptll length If l If an Ipl.yIe with the City Ill_ the IlIt date If hill. 21.1 Seniority Will —I—c—durintypestill. t. during Ill tIf I.... pt I_ t If absence Idil three b. With— p ... Ji I —CthI. With l..P..t I leaves If absences ih If three Ill —hti— months, I—Il If seniority _III.C. P.l -- t. duty. t . ... t of lay-off for any employees shall be employeelaidd EE i. — It— E th.il I—i—ity. 11 Ilp"Y who is t, I, 111d off t. his It-- illti_ from a lower classification il which h. Held shall be li—I the opportunity t. 17 - ­,­1 — 11 b, giventh. opportunity t. di.bi._ a less _i- employee i, the lower classification i. the —ny— b.y not Ibbb. bump" another employee department. A..p --b hen — ­--d the 1— level classification job on . —g—, basis as evidenced by his A. 2plby i� nths andshall— lay-off will retaini. —111 rights hb--. over applicants on the --1a:t address iemployee's r.. —, along ,� with any__onfil--ith thUiThe —ployees bwithin b (7) .ys f the certified _,ipt date, signify his intention f__i,q tb ...k . th. office of the Chief B. 11 11,11y1l, IhIl offered Ip 1h, i, tIIIII -- �Y t. __Pt duetofferedmedicalafternotifying the department�f hib i—bti— of returning, shall b. 9,.tbd additional thirty (30) day period from the d— of notice of intention t. —t— t, duty, ib which t. --n t, without 1— of seniority right. __bd to d— of 1_1f. C. When employees .1. 1-- from layoff, the employees with the ­­tdepartmental seniority-11 b. in orderf their thatthb b.pl.y,, shall be physically ­ble f performing his —g—, d.ti... The employer, Pl.Y_ - its discretion, require called Y_ t. submit i examination i-ti.b t the ::�I- . physical employers y— D. Employees who —t— t, , Job classification c ... —d by this Agreement from a layoffstatus,ffstatus,rateshall i ... i— . � ., Pay based upon the current bbh.d.le at thh time of E. N. b.w employeesemplemployeeemployees —11 be hired i, ,y classification uthatntil —p'-Yon layoff -It., i, tclassification — h b— notified return t. —k. I Employees shall I.— their ... i—ity as a result of the A. Termination/Resignation Retirement C. Absence without authori2ed leave 21.6 Employees returned ., d -- shall 11 be deemed m1ed to b. new hi— for all 18 The City agrees t on upreceipt of a voluntary wr n individual notice f any bargaining unit employee, theiCity shall deduct from their pay, d ing with the ..... d pay period after r eipt o c o cation shall be i r,t,ng and shall be effective oasto the employer c mmenc,ng with the second pay period after receipt of notice. e deducted each d s,gnated pay period a hshall b ted to the O o nably thereafter• ondeduction shall be made from the ipay of amplo eyee fox any ro paer yll period i which the employee's nets. ings for the payroll piod, after tax ded uctio , re less athan the amount If dues to be checked off. The unwill i ially notify the City as to the a unt of dues. S— notification will be to the City i rges io the signature of a representative of the ll Channg in the Union membership d lI. milady certified to t City and shall be done thirty (30)days in advance of the effective Ill, of such change. ARTICLE 2 GRIEVARCE ORE The purpose o th is title PROCEDURE to e ablish machinery for the fair, expeditious, oedeily adjustment of grievances regarding contract a dndisc,pl,nary disputes or disagreements between the employers and employee, or group o£ employees, o v.lving the interpretation or application of this collective Bargaining Agreement. Both parties agree that it is best when disputes a ettled It the earliest point possible. o this end, the City and the I—, that prior to filing a formal grievance, employees may discuss the complaint or grievance orally with their - kin, days of knowledge of the ........ which gave r the omplaint grievance. Themediate super i espon making appropriate inquiries and taking any al rya s to r solve the grievance presented by the grievant. The supervisor will make a decision and notify the employee in writing within three (3) working days after the discussion with the employee. The r solution of a grievance 11 omla eve t ps ll shall not amend any provision of the cCollect,ve—gaining agreement. 23.3 Any formal grievance filed shall be in w iting, depicted i Appendix AB, and hall forthr provision provis si of the Agreement alleged to have been violated aId the facts peltlini, to the alleged violations) and the date of the i.11til- The grievance shall be signed by the grievant, or Union representative. Grievances submitted which do not .main the above information and aom plete, shall be ended by the grie vant to state the required information. The n sity of filing a endment shall not affect the timeli ese to the extent that the grievance is substantially complete. Grievance ma discussions at Step o e (chief o ce) w onducted during the aggrieved's l dutyi hours. The aggrieved employee shall suffer no lossrof pay or benefits for Nothing this shall be c nstraed to prevent a employee i reng psenti, at any time, his ow grievance without representation. An employee who wishes to s a grievance m submit a grievance i writing within s vn (]) working days a r of the matter from w ich t e grievance a fromeipt of the the informal grievance procedure. A grievance notwappealed to the next step within the limits established by this procedure shall be sidered s ttled o the basis of the last a r provided by _age. grievance not a red withinnt e limits pre ribed for the appropriatesm nagement representative at ache step shall automatically b aadvanced to the next step cept those grievances r achingeo rigi—ti, at Step Two. This provision shall not pied— I timely request for a The time limits herein maybe extended by written mutualagr ,"t of the parties. In advancing grievances, the grievant employee Hearings shall be ontlnued facilitate appearance of who othera e department employees whose presence would swise conflict with department needs. The formal grievance steps are as follows: A. Thememployee and/or the Union shall file the grii. ing, with the Chief of P n (])aworking ays dof the o r of thece i tvin gig r e to the grievance, or fromreceipt of the eanswer in the informal B. The Chief of Police will conduct a eing within ten (10) or king days with the grievant unlessthe Chief chooses to grant tt requested relief without further proceedings. The grievanshall not be represented by a elected official of the ity, the ity attoey r his taff o a person affiliated with a rnother tban the certified bargaining ageIt. The Chief ofi Police shall notify the employee and the U f s decision, nng, iwithin ten (lo) working daysafter the meetingdatec - 20 - Ate2fTwthe grievance not solvedt. the grievant's by Step O the employee and/or therU may sforward ethe grievancI e, siting, to the City Administrator ithin ten (10) or king days of receiving notification from the chief of Police. B. The City Administrator will couct a eeting within ten (10)w orking days with the grievantm unless hCity Administrator chooses to grant the requested r.Ii.fwithobt further proceedings. The grievant shall n t be represented by a elected official o e City, the City attorney o his staff, o a person affiliated with a Union other than the ert ified bargaining agent. The City Administrator shall notify the employee and the U f his decision, in writing, within ten (1.0) working days oaf ter the meeting 23.10 The aggrieved employee and the U shall be given at least two (2) work days notice of the ngrievance meetings provided herein. 23.11 If any grievance ma not satisfactorily sald by the foregoing procedure35 the Union may proceed eve to arbitration 23. 12 robationary employees shall not have the tight to qti— disc 'Pi ine or discharge. 23.13 argain ing a mmay have a representative at any step in the grievanceprocess. 23.14 The parties agzee that the Assistant Chief of Police will act on all grievance matters in the Police Chiefs absence. 24.1 if any grievance I "factorily diof by the Grievance P cedures Articlet2 , sposed the U may gitice of e by written notice,n give nohand delivered o ertified mail, return r eipt requested, postmarked within fifteen (] work ing king dayse after r eipt of Step Two decision. aid w once will Include a statement of facts upon which thet c submitted, ncluding a tatement of the position of the Union with respect to the azbitial issues. 24.2 within ten (10) business days from t eipt of such notice, a letter shall be directed by the O to t d iation and ciliation request inglistof 1 (]) arbitrators and the parties shall meet to sttike names. 21 - The Urofrom the until Id the City will alternately eliminate o mat list only one name remaine and this person shall be the arbitrator. The City and the Union will alternate in the rights to first strike names an successive arbitrations. 24.3 A s promptly as possible, the arbitrator shall conduct a hearing between the parties and cn sider the subject matter o£ the dispute. The decision ofthe Arbitrator will b upon the employee o eeve mployees aggrieved, the City, V andthe U ing. T e Arbitrator will endeavor to ender ndecisionw within twenty-one (21) calendar days after the hearing. 1, Any party may be represented at the hearings by counsel or other representative. C. The ha ing shall be ratoInducted by the arbitr il Ilb_that wil lost expeditiously permit full representation of the lid—, and arguments of the parties. T e parties shall endeavor to conclude the hearing within one day. D. ach party shall bear all cost of preparing a d presenting Either party desiring oId of the proceedings shall pay for the ord and ec nographic the a that both eparties agree to bave stenographic s net th. hearing, ..id parties shall share equally the Cost of said s rvice and if a ript mutually desired, the cost of the transcript shall be equally shared. 24.4 shall The power and a h ity of t bitrator be strictly limited to determination and interpretation of the explicit terms of the Agreement as herein expressly set forth. He shall not have the authority to add o subtract from o modify any If said terms or to limit It impair any right that i ved City, t rIt the employee, o t.bli.h o change any wage or rate If pay that has been agreed to in this Agreement. 24.5 11 decision I any arbitrator or the of the City i shall create a basis for retroactive adjustment in any other 2— The arbitrator may, under the powers granted by the terms of this Agreement, direct any remedy permitted by the Florida Arbitration code. 24.7 The r d arbitrator If the is nil a inding on both partiesand grievance shellbe sidered permanently solved. shall t be precluded pursuant to the Florida Arbitration Code,no rec 24.8 The expense c£ the arbitrator shall be born by the lasing party. Each party shall make a angements for and pay the wrtnesses which are called by it. learning. Officers who a ending ..11.9. may b d ow to attend classes Will n-duty status by ing ompensatory tx , oxkload permitting, subject to approval of the chief. The City will r imburse officers for t.itill, books and fees to attend college, up to $240.00 s- w ally, upon satisfactory proof of payment. Attendance and re'mbursement is subject to the following conditions: 1. Course must he job related. 2. Course must be approved by the City Administrator. 3. The City Administrator's decision is non-grievable. 4. The officer must complete the c with grade of better, or pass if a pass/fail course. 5. The officer msagree to re -pay the City if he leaves City employment forr an sother thdeath or layoff, within one (1) year fromathe date of completion. Bach full t employee who has been employed by t City for e (1 ), year shall be eligible to participate rn this program. The City agrees that each employee shall x e a physil o ery three (3) years, by a physicsianacapproved by the citylwhich ..dudes the following tests: Blood Chemical Profile (SEAC-24 Blood Test) E. Vision Test F. Height and Weight Recorded G res est or Sts EKG (Upon recommendation of the City physician) -.2 In addition t the above, employees, a their disceetion, may choose t a t X-ray performed and it erpreted r onjun withthee5a ual physical, pr idedappropriate justification is required. the ent aemployee desires his/her radiologist for the chest X-ray O n physician for the val physical, the City i not obligated to pays e than it ould if it made the request and used its Physician/Radiologist. 26.3 The city agrees t .ry three (3) years the City will ange and u take and pay up to $57.00 for the cost of a eye nation prescription eye glasses for each bargaining unit employee, upon the employee's request. Scheduling o£ the physical ana tion will be at the discretion of the department and r salts will b e part of the employee's permanent health o ord. of the _.it" on and .— will be underwritten by the City s provided by this Article. If the City finds it ary to refer a n-the-job injury t0 an outside physician, the injured employee will have ith the approval o£ th. City's orkers ompensation c providing all reports and charges of the physician omp ly1e ith the orker's ompensation employee shall be by the employer or his iepresentaGive I the selection of A physician. —I The City r and the O agree t Employee Drug s ening program. The metbod ad procedure for the drug s ing .—I be a ompassed ongwood Police Depar ents G ral The costs of such t shall be borne by the City. Th. Department's General 91"l,SEmployee Drug G ening, shall n be modified for bargaining unit members without negotiating of the changes. OVIe CVS —I An ployee may a cept and be employed i a..potion off- dutemy which r not r iolation of Federalo state Laws o rules and regulations of the department, providing that said employment shall not interfere with o adversely affect the performance of assigned duties. All off -duty employment shall be approved by the Chief of Police, or his designee, and the City Administrator. 27.2 The City agrees that a ember shall have the right to include ral personnel ord ritten and signed re£utationf ofcany material he consider. to be detrimental. The City agrees that a employee shall be able to r e vhis vacation pay checks in advance of his scheduled annualle— Employees will not be required to .. their private vehicles in the performance o£ assigned duties. It no cost to the employee. When the City requested to provide off -duty police ice n employee has the right to refuse to work off- duty ork R A Employees s required to observe a omply with regulatiobns governing t employment a set forth n3departmental procedures, and w itten c and prevailing City Ordinances and Resolutions, uwhich lar.no[ it o.flict with this Contract. A copy of such shall be ur fnished tih employee and the Union prior to their implementaton. ac e Employees shall b required to observe and comply with such nal supplemental rules and regulations promulgated and published by the Chief of Police or his s ignee. disciplinary will be taken for iolatfon of a posted rule or regulation until at least seventy-two (72) hours after posting. If, in the sole discretion of the Mayor, o n his a e the City official so designated by 1 n his absence, it s determined t vil e ergencywconditions a ncluding but limited I. disorders,t hurricane onditions milar c rophes1l the provisions of Agreement may b uspended by the mayor during the t oftthe declared emergency, provided that wage rates andr monetary the purpose of nethis Agreement, ergencies shall be d a situations t where i clearly n ary to provide as bic m seices whereno regularly scheduled employee rs availablemry Sob 1e 0scns iotiolice Ropersonne. shall not be sed other than law enforcement duties nably related the business of dtheuc City, h deliovery of communications relating to official business of the City. 28.1 If any Article o of this Agreement should be held valid by opt-ti_ of law or by any tribunal of competent j urisdiction� if compliance with o enforan cement o y icle o ecti— should be restrained by such tribunal£ the remainder of this Agreement shall not be affected thereby. ective ning The parties hhlii o— iot. ,mutuamutuallyb—ai negotiations ror the purposepurposePPof —iliat l o.Y satisfactory replacement for such Article or section. ­CL. - LOCKER ROOM FACIL— The ty agrees to oli.t.ih look,, fl,ifacilities for bargainbargainingobargaining.nit b.pl.yo.l of thl d.p.,th.ht,too. as appropriate. Said 1—ko, room facilities —11 consist of, but not limited At agent of the City lblII not inspect o bargaining —t .hit p—.. it-- Th. City willb. fi—i.11y esponsible for loihb—i, employee forloss11 destruction ofproperty by lh agent — hpl.y.e of the City during said —op..ti.h, ..—di, the I.oki,q device if the D.Ii 9 l primary, special or general .1ooti.h .. ..ploy., 1h, proves he is r.9i.tlrlo to .to, who.. —Io h. not lj_ sufficient time to, voting, hh.11 b. allowed ....—o . —y ti.purpose. the off ply lot this Pi.WhereP.Poh too h...s before or l'to' to. regularly --- —h period, The parties agree to the proposed City pay I.io. to, TY 94-95 for all Bargaining Unit members, to be poid to f h. City of d, Florida,I.o and ilo. of Longwood, State of Florida, If the 111_d Police v.p.,t.. effective __ iwith the Orders d'te5. of this Arlo—, may be implemented by the City of L—qo—, Florida. ARTICLE 3 The following shall be recognized paid holidays New Year's Eve Day Thanksgiving Day Oay After Thanksgiving Day Christmas E Day Christmas Day employee Floating Holiday Employee Birthday Holiday If a paid holiday falls e employee's regularly scheduled day off, said employee will be compensated a aaitional eight (e) h and o e half (10.5) hours or twelve (12) hours, ording ton the employees assigned shift, of pay at the straight time [ate of pay. If a employee must work o a holiday (other than Floating Holiday or Birthday Holiday)ntha employee will be paid for the hours worked plus an additional shift at straight time. Employees scheduled to work holidays and who, in the opinion of m nagement a not needed to work o said holidays, will be required t take that day off. Employees w not needed will e r their regular s aight t s re shift pay at gular Bate inolieu of holiday pay for said dayoff. It is recognized uch duty ssignments a ong the employees that cu partilar rou gp o ent with the operational efficiency o£ the Department. cThe ipurpose of said rotation i to ensure that no one individual will be favored by such extra 1— A Floating Birthday oliday hall — tthe th. employee with at least two (2) daysprior subjectto the needs of the department. T rthday Holiday may be taken between thirty (30) days b after the employees birthday. The Floating Holiday may be taken at any t e during the calendar year subject to approval of t supervisor based It ork scheduling requirements. Floating Holidays will be credited the first full pay period of the calendar year and may not be carried over from one calendar year to another. E 34 AGREEMENT The U will undertake the responsibility o£ printing the sary n r of copies of this Agreement for bargaining un itmembers. The parties agree to cu e cate e duplioriginals of each mutually agreed to Article Bargaining ubit employees w e permanently -signed t and perform the duties of A- officer, shall r om s pen sation for any a all off -duty time for dog handlingand/or care, by working one (1) less hour per scheduled shift. AAURATI This Agreement shall take effect upon r by the parties, and shall continue i and effect until mid -night of September J ng The party desirit eopen negotiations may notify the other party i nrc liting i h of ach ybut i t less than n ne ear, ty (90) days from the annual anniversary d to oof Beptember 30. Any not— to be given under this Agreement shall be given by the Union, it shall be addressed to the City of Longwood, 175 W. warren Ave., Longwood, Florida 327, and any such notice Benevolent A ciation, L 417 East Concord street, Suite 102, OrlandoSSFloiida J260J. APPENDIX A LONGW000/PEA (File within 7 working days of occurrence) EVANCE PRESENTED TO CHIEF OF POLICE By _ Date: Employee or PBA Official signature RECEIVED BY _ t Chief of Police signature Regulation Number and Charged Violation: Contract provision allegedly violated: Article ection Description of Grievance. (Attach separate sheet if necessary) ---------- ------------------ -_-___________-__ ACTS OF POLICE Date M—ing Held: Response: Accepted In Part Rejeoted Reason (s): Signature: a cnief oe Police Received By: Date: Employee's Signature or PEA Official APPENDIX B DONGROOD/PBA JOB 1LA55IFICATI0N ENPLOYEE # --- --------------- _______.._.__ _ _ _ _ _ (File within 10 working days of —Ply at Step One) Date of reply at Step One GRIEVANCE PRESENTED TO CITY ADMINISTRATOR By Employee or PBA Official signature RECEIVED BY D.- City Administrator signature Regulation Number and charged Violation: Contract provision allegedly violated: Article —ti ---- ----------- -- -- _ Action by City Administrator Date Meeting Reid: Response: Accepted In Part Rejected Reason (57: Signature: Date: City Administrator Received By: Cat- Employ.— Signature or PBA Official a.. e e�xein� name n sea e ay„eenene to be b2� signed by —1, duly antdozieed xep�esentati.ves. Iaayer eeiae�r e c eitY of aovgiaood aenevoienc ass n.� xnc.