81-R-713- r
RESOLUTION NOJ
A RESOLUTION AUTHORIZING THE APPROPRIATE OFFICIALS
OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE CER-
TAIN LABOR AGREEMENTS WITH THE POLICE BENEVOLENT
ASSOCIATION WITH THE CITY OF EDGEWATER, FLORIDA;
REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, an
in executive session has reviewed a report of its negotiators with the
Police Benevolent Association, and has consented to an agreement with
the Police Benevolent Association in the City of Edgewater, Florida,
to secure employment understandings between police officers and manage-
ment of the City of Edgewater, Florida.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA:
SECTION 1. The appropriate officials of the City of Edgewater,
Florida, are hereby authorized to execute a certain agreement between
the City of Edgewater, Florida, and the Police Benevolent Association,
said agreement being attached hereto, marked "Exhibit A" and incorporated
by reference herein with full force and effect.
SECTION 2. That all resolutions or parts of resolutions in con-
flict herewith be and same are hereby repealed.
SECTION 3. This resolution shall take effect immediately upon
its adoption by the City Council and authentication as provided by law.
The Resolution introduced by Mr. W1l hur
The Resolution was read in full and passed by a majority vote of
the City Council of the City of Edgewater, Florida, at a special meet-
ing of said council held on the _� _1k day of September, 1981, and
authenticated as provided by law.
Approved as to legs ity and form
A T
othby
Reso�,tion No. 81-R-71
Roll Call Vote as Follows.
Mayor
As:?er Council motion May 4, 1981, the City Clerk and the Police Chief
held preliminary negotiations with representatives of the PBA. Meetings
were held on July 8th and 27th and August loth and 19th. It was under-
stood at the beginning of these meetings that any change or recommendation
by either party was subject to final approval by the City Council and the
bargaining unit members.
The PBA requested that Article VI - Personnel Records - be changed by
deleting the last paragraph "The Police Benevolent Association agrees to
defend in entirety any attack upon this Article." Under the present
contract under the extent permitted by law and in order to protect the
privacy and promote the safety of individual police officers, the City
has agreed to special handling of Police Dept. employee records. It is
recommended that the City continue to take the position that since the
PBA has requested the special handling of personnel records they should
therefore be willing to defend this request. After discussion, the PBA
representative agreed to leave this Article as it is presently written.
The PBA requested that Article VII Amendment - 12 Hour Shifts - be changed
to include sick leave and vacation time accumulated at the rate of 12
hours per day and that the overtime that is presently paid bi-annually
in January and July be paid in December and June. It is recommended that
the sick leave and vacation time continue to be accumulated at the rate
of 8 hours per day and that the change in the months that the overtime
is paid would not affect the City budget and therefore could be an
acceptable change. After discussion, the PBA representative agreed to
leave Amendment to Article VII, as written provided the overtime was
paid in December and June.,...
The PBA requested that Article IX - Discipline and Discharge be changed
in the third paragraph from: "In the event an employee becomes the subject
Of a formal departmental or City investigation arising from a citizen
complaint or allegation, the department or City, whichever is appropriate,
shall notify the employee of the disposition of the complaint upon Pon-
✓ clusion of the formal investigation" by adding the words "Jn writing to
the employee"after investigation. It is recommended that the Wa"ition o£'
e wor s would not substantially change the Article and could be
acceptable.
The PBA requested that Article X - Insurance - be changed to provide for
100% payment of premiums for dependent's insurance and also the addition
of a suitable long term disability insurance plan to cover each member's
salary, in full, in the event of injury or incapacitation or total
disability. After discussion, the PBA representative agreed to withdraw
the request for the payment of 100% of the dependent's insurance and
the addition of a disability insurance plan if the City would agree to
investigate disability insurance plans which would be paid for by the
bargaining unit members to cover each member in the event of injury or
incapacitation or total disability. It is recommended that the investi-
ation of such a plan could be acceptable since it does not.bind the City -
to any action other than providing information on disability insurance
plans.
-jThe PBA has requested that Article XIII - Sick Leave - be changed from
Y the accumulation of 35 days sick leave to a maximum of 40 days. it is
recommended that this change would be acceptable s1nce-th9"Ctty-15ays for
sick days not used over the present maximum of 35� an increase to 40 days
would save the City money.
y s cont.
The PBA requested Articl��yJ.V - Holidays - be changes �.o add an additional
Flcating Holiday (Personal Day). The City presently gives employees
-±n.4e paid holidays which includes one Floating Holiday. After discussion,
`the 'PBA agreed to withdraw the request. It is recommended that the
number of holidays not be increased and the Article remain as written.
The PEA requested that Article XXVI - Grievance and Arbitration Procedure
be changed as follows: Under Step 1 the present contract states that
V1"This first step shall be on an informal. and oral basis and shall not
involve the Association or any other representative of the employee. This
would be changed to read, "The first step shall be on an informal and oral
basis and shall be witnessed by a representative of the employee or by a
_representative soci�h." It is recommen ed that is change
be incorporated provided the rest of the Article remains the same.
The PEA requested that Article XXXI - Equipment - be changed by adding
orange traffic batons and orange gloves. The traffic batons have already
been provided and it is recommended that the gloves also be provided.
.The PEA also requested that Section C.1 under Article XXXI be deleted.
This section reads as follows: In the event of a permanent vehicle
assignment to an individual Officer the cleaning of both the exterior -
and interior of the vehicle will be his responsibility." It is recommended
that this request be granted and that the City assume the responsibility
of cleaninng the txo tirs. The City Manager will comment on .the present
In iand' apolisplan.
The PEA requested that Article XXXII - Uniforms and Equipment - be changed
to require the City to pay forthecost of cleaning of uniforms and also
that the present clothing allowance issued to officers who are required
to wear non -issued clothing in the course of employment be increased from
the present $250./year to $350./year. After discussion,. the PEA agreed
✓' to withdraw their request that the City be responsible for cleaning the
uniforms. It is recommended that the addition of $100 per year for a
clothing allowance would be acceptable. In addition, the items of
clothing issued to each member was changed at the request of the Police
Chief from 2 long sleeve shirts to 1 long sleeve shirt for dress purposes
only and that the number of short sleeve shirts be increased from 3 to 4.
This does not represent an additional cost to the City and should be
acceptable.
The PEA requested that Article XXXIII - Education - be changed as follows:
Section C. presently reads:"All cost will be paid for by the City, pro-
viding the employee completes the course of instruction.,0 The PEA
/ requested this be changed to read: "All cost will be paid for by the
d City including transportation and appropriate time off for the attendance
of the courses and seminars:' After discussion, the PEA agreed to change
Section C to read: -All cost will be paid ins.bv-+hv City, including
transportation and a propris a time of a of the courses
and seminar provide m yee completes the course of instruction.,'
The PEA further agreed to the addition of Section D. " Attendance of seminars
and courses shall have prior approval by the _Che
The PEA requested that Article XXXIV - Compensation - be changed. The
initial request was for an 88 annual pay increase plus a 78 cost of
living increase in March, 1982 plus a 38 merit increase on the employee's
anniversary date if the employee received an evaluation of above average.
After discussion, the PBA stated they would accept an across the board
increase of 10% if the City would agree to establish a Salary and Wage
Table that-w5aid-B�tied in with a classificaallow for
toepromorvtinEsontemployee'sn
anniversary date, An above average evaluation may be considered a part
of the requirements for promotions. „v yvc y
LABOR AGREEMENT
BETWEEN
CITY OF EDGEWATER, FLORIDA
AND THE
VOLUSIA COUNTY POLICE BENEVOLENT ASSOCIATION
• 0 O
A MEMENT
This agreeicent is entered into by the City of Edger;atea ,
Florida, hereinafter referred to as the "CITY" and the 9ol�:sia
County Police Benevolent Association, hereinafter referred to
as the "P.B.A." or the "ASSOCIATION"'.
ARTICLE I
The City hereby recognizes the Association as the
exclusive bargaining representative for the Police Department
personnel in the job titles: Patrolman, Lieutenant, Sergeants,
Detective, and Dispatchers, and excluding all other employees
of the City of Edgewater.
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ARTICLE II
Non -Discrimination
The parties agree not to interfere with the right of
any employee covered by this agreement to become a member of
the Association. There shall be no discrimination against any
employee covered by this agreement by reason of race, creed,
color, national origin, sex, Association membership or activity,
or lack of Association membership or activity.
3
n DT1ri r r„
Management Rights
The Association and the bargaining unit employee
recognize that the City has the exclusive right to manage
and direct the Police Department of the City of Edgewater
accordingly, the City specifically but not by way of limitation
reserves the exclusive right to; hire, fire, demote, suspend,
promote and lay off employees; transfer employees from location
to location and from time to time; rehire former employees;
determine the starting and quitting time and the number of
hours and shifts to be worked subject to Article VII (Hours
of Work and Overtime), maintain the efficiency of employees
by communication through supervisory personnel; merge, con-
solidate, subcontract, expand, or close the Police Department
or any part thereof, schedule and assign work to the employees
and determine the size and composition of the .work force,
formulate; and implement Police Department rules and regula-
tions; introduce new or improved services; maintenance pro-
cedures, materials, facilities and equipment. If the City
fails to exercise any one or more of the above functions
from time to time, it shall not be deemed a waiver of the
City's right to exercise any or all of such functions.
Any right or privilege of the City not specifically relinquished
by the City in this Agreement shall remain with the City.
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ARTICLE IV
Physical Examination
All applicants for employment in the Police Department
of the City shall undergo a physical examination by a physician
duly licensed to practice in the State of Florida as a pre-
requisite to employment by the City and the cost shall be
borne bytheapplicant for employment. However, if the
applicant is employed by the City and successfully completes
his probationary period the cost of the physical examination
will be refunded to the employee by the City. Results of
the physical examination shall become a part of the employee's
personnel record. Anytime during the course of employment
the City Council shall have the right to require an employee
to undergo a physical examination by a physician duly licensed
to practice in the State of Florida. The City shall stand
the expense of said physical examination which examination
shall be placed in the employee's personnel record.
The City agrees that any employee injured on the job or
who becomes ill on the job shall be paid a full eight (S) hours'
wages for the day of the accident or illness if his treating
physician advises that he could not or should not return to work.
-5-
ARTICLE V
Work Stoppages
There will be no strikes, work stoppages, slowdowns,
job actions or refusal to perform assigned work by employees
covered by this Agreement.
Recognizing that Florida law prohibits the activities
enumerated in the paragraph above, the parties agree that
the City shall retain the right to discharge or otherwise
discipline some or all of the employees participating in or
promoting any of the foresaid activities, and the exercise
of such rights by the City will not be subject to recourse
under the grievance arbitration procedures.
It is recognized by the parties that the activities
enumerated in the two paragraphs above are contrary to the
ideals of professionalism and to the Police Department's
community responsibility. Accordingly, it is understood
and agreed that in the event of any violation of this Article,
the City shall be entitled to seek and obtain legal and/or
equitable relief in any court of competent jurisdiction.
For the purpose of this Article, it is agreed that the
Association shall be responsible and liable for any act com-
mitted by the Association's officers, agents and/or representa-
tives, which act constitutes a violation of State law or the
provisions herein. In addition to all other rights and remedies
available to the City under State law, in the event of a
breach of the provisions herein, the City shall have the
right to unilaterally and without further notice terminate
this Collective Bargaining Agreement and withdraw recognition
from the Association.
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ARTICLE VI
Personnel Records
Each employee covered by this agreement shall have the
right to inspect his official personnel file, provided, however
that such inspection shall take place at a reasonable time and
at the location where the official personnel file is kept. The
employee shall have the right, at his own expense, to make
duplicate copies of any item contained in his official personnel
file.
Employees covered by this agreement shall have the right
to file a written response to any letter of reprimand or other
document, which is placed in the employee's official personnel
file subsequent to the effective date of this agreement as a re—
sult of supervisory action or citizens complaint. At the emp=
loyee's request, any such written response shall be included in
the employee's official personnel file together with the letter
of reprimand or other document against which it is directed.
To the extent permitted by law and in order to protect
the privacy and promote the safety of individual police officers,
the City agrees not to directly or indirectly furnish the news
media or the public with the employee's home address, telephone
number, photograph and/or personnel records without his consent.
The Police Benevolent Association agrees to defend in
entirety any attack upon this article.
ARTICLE VII
Hours of Work and Overtime
The following provisions shall govern hours of work
and overtime:
A. Forty hours shall constitute a normal workweek for
an employee covered by this agreement. Aothing
herein shall guarantee any employee payment for
a forty hour workweek unless the employee actually
works forty hours or his actual hours worked and his
authorized compensated leave totals forty hours. For
the purpose of this agreement, authorized compensated
leave shall mean leave compensated under existing
City policy.
B. Hours worked in excess of the regular forty hour work-
week shall be compensated at the rate of time and one half
of the employees regular straight time rate.
C. If any employee covered by this agreement is called out
to work at a time outside his normal working hours,
he shall.recieve a minimum of two hours pay at the rate
of time and one-half his regular straight time rate.
D. The aforementioned minimum call out compensation and
the other provisions of paragraph C of this article shall
apply to required off duty appearances as a supoenaed wit-
ness in the Federal, Circuit, County Courts on pending
criminal, civil, or traffic cases where the employee is
involved as a witness (in his official capacity),
i
arresting officer, and/or investigation officer.
E. No supervisor or official shall take action to cause the
non-payment of time and one-half when the employee has
performed work which entitles him to such payment.
F. Work schedules will not be changed or altered to avoid
the payment of overtime.
G. In applying this overtime Article, the City will prepare
a list and those so listed, or those who otherwise volun-
teer shall be given first opportunity for available over-
time. Failing to fill the overtime requirement can be
made. Overtime in any division, insofar as possible,
will be worked by members of the same division ie; patrol
for patrol, dispatcher for dispatcher, etc.
H. Employees shall be given forty-eight (48) hours notice
of any change in their regular hours of work; except
in case of emergency situations, the department will
avoid scheduling an employee to work on continuous shifts.
If an employee is not notified prior to forty-eight (48)
hours of a shift change, he shall receive one and one-half
times the straight time hourly rate for the first eight
hours of the new shift.
I. A shift work schedule will be posted showing the schedule
for a period of three months and will be posted fifteen
(15) days in advance of the expiration of the previous
schedule.
-10-
J. Department meetings will be meld on officers duty time,
for the purpose of conveying policy changes and operat-
ing procedures or the discussion of anything pertaining
to the operation of the Edgewater Police Department.
K. At no time are reserve officers to be used to replace
the duties or functions of regular full time officers
or dipatchers, unless all other possibilities have been --
exhausted.
L. Each shift will have no less than the following personnel
on duty at all times: 1 dispatcher, 2 full time uniformed
patrolman.
11
AMENDMENT TO ARTICLE VII
12 Hour Shifts
In an effort to provide more efficient services to the
City of Edgewater, and in the interest of good employee
relations, the platoon system will be implemented according
to the provisions set forth below.
A. This is an experimental method which will be evaluated
at the end of each quarter. Either the City or
the Association will have the exclusive option
to require the return to the schedule set out
in Article VII, (Hours of Work and Overtime),
and all other sections and articles which may be
affected by this amendment, thirty days after
each evaluation. The decision to return shall
not be subject to the grievance and arbitration
procedure, Article XXVI, of this contract.
B. Members participating in the platoon system shall
include only patrol officers, patrol sergeants and
patrol lieutenants. Dispatchers may participate in
the platoon system upon unanimous agreement, or
unanimously expressing their desire to also parti-
cipate in the platoon system. All other classifi-
cations recognized by this Agreement shall be governed
by thearticlesof the original contract. All positions
participating in the platoon system will work 12 hour
12
shifts, in two teams. The hours of work for Team A,
will be 0600 hours to 1759 hours. The hours of work
for Team B, will be 1800 hours to 0559 hours.
C. The formation of both teams will be in accordance with
the provisions of Article XVIII.
D. The payroll will continue to be paid on aweekly basis
and participants will receive their normal forty hours
pay at the end of each pay period. The participants
will work 168 hours in a 28 day cycle. This will require
eight hours of overtime every four weeks, which will be
banked and paid bi-annually, the first full pay period
in December and June. Overtime shall be compensated at
the rate of time and one-half times the regular rate
of pay. All hours worked in excess of the normal work
period in the 28 day cycle shallbe compensated at the
rate of time and one-half the employee's regular straight
time rate.
E. Sick leave shall continue to be accrued under the provisions
of Article XIII, of the contract; with the exception that
in the event of an illness or injury, eight hours will be
used from the partipant's sick leave and the remaining
four hours difference will be four hours of straight time
deducted from the participant'is overtime bank.
13
1
v
F. Vacation or annual leave shall be computed in accordance
with article X1V of the contract.
14
ARTICLE VIII
Mileage Allowance
Employees directed and authorized to use their private
automobile shall be reimbursed in accordance with the mileage
allowance permitted by the State of Florida.
15
o
ARTICLE IX
Discipline and Discharge
No employee shall be discharged or disciplined except
for just cause.
In the event an employee is discharged, suspended,
or demoted, the City will furnish the employee with written
notification of the discharge, suspension or demotion.
This notification shall be hand delivered to the employee
prior to effective date or sent by certified mail return
receipt requested, to address of employee as recorded in
the City personnel records.
Upon request, any employee may obtain a copy of any
written statement given to the City or Police Department
in connection with any investigation based upon which
disciplinary action can or will be taken against the employee.
In the event an employee becomes the subject of a
formal departmental or City investigation arising from a
citizen complaint or allegation, the department or City,
whichever is appropriate, shall notify the employee of the
disposition of the complaint upon conclusion of the formal
investigation in writing to the employee.
16
0 0
T.T117 V V
Insurance
The City agrees to furnish bargaining unit members
a major medical, surgical, maternity, and hospitalization
benefits group insurance plan.
The City agrees to pay the entire amount of the
premium for the bargaining unit member (100%), and at
least 50% of the premiums for their dependents.
The City Agrees that if an employee covered by this
agreement chooses to join or desires to discontinue the
City program, he shall sign a card provided by the City
to this effect. If the employee chooses to join a
hospitalization program sponsored by the Association, the
Association shall inform the City. The Association shall
invoice the City monthly of those employees under the
Association plan and the Association shall be remitted for
the entire amount of the premiums.
If the above change does occur, the City is to be
notified 60 days in advance of the change.
The City agrees to investigate disability insurance
plans which would be paid for by the bargaining unit members
to cover each member in the event of injury or incapacitation
or total disability.
17
ARTICLE XI
Leave of Absence
The Chief of Police may grant any bargaining unit member
a leave of absence with or without pay for a period not to
exceed thirty (30) days. Leaves of absences without pay
for a period in excess of thirty (30) days but not more than
one year may be granted only upon the written approval of
the City Council.
Holidays, sick leaves, annual leave, and any other benefit
based on time spent in the employ of the City shall not accrue
(or be credited) during a leave of absence without pay; pro-
vided, however, the employee may maintain his life insurance
and health insurance by paying both his and the City's share
of any premiums due. Merit increases and any other increases
for which an employee may become eligible based in whole, or
in part, on length of service with the City shall not be
credited during any period of leave of absence to the same
step of his salary grade as of the time of commencement of
the leave of absence.
Any employee covered hereunder may be given educational
leave for the purpose of taking courses or attending confer-
ences and/or seminars directly related to the employee's work
as determined by the Chief of Police. An employee granted
educational leave with full pay shall be entitled to receive
all City benefits in the same manner as if he were on active
duty during the period of the leave. Entitlement to benefits
for employees on partially compensated or uncompensated
is
educational leave shall be determined by the Chief of Police.
In the event an employee is granted maternity leave (i.e.
leave without pay, sick leave, annual leave, or a combination
hereof), the employee shall return to work within ninety (90)
days after the birth of the child or the pregnancy terminated,
whichever occurs sooner. Failure to return to work within
this ninety (90) day period shall be construed as resignation
by the employee. As a condition precedent to returning to
work from maternity leave, the employee must present the
Chief of Police with a medical statement from a physician
duly licensed to practice in the State of Florida, the
employee is able to perform the normal duties of the employee's
position with full efficiency. The Chief of Police, in his
discretion, shall have the authority to extend the afore-
mentioned ninety (90) day period.
Any employee who is a member, of the National Guard or an
organized military reserve unit of the United States, will
be allowed a maximum of seventeen (17) calendar days leave
of absence with pay during any twelve (12) month period when
called to active duty or for training with the Armed Forces.
During such period of leave with pay, the employee's benefits
shall continue in the same manner as if he were on active
duty with the City.
19
ADTTrI r v„
Workman's Compensation Benefits
A permanent employee covered hereunder who is temporarily
disabled in the line of duty shall receive paid disability
leave, full pay and benefits for the period of his disability
subject, however to compliance with all of the following
conditions:
A.The disability involved must have resulted from
an injury or an illness directly related or sus-
tained in the performance of the employee's work.
The City's determination of whether the disability
involved is of the foregoing nature shall be based
solely on the final determination made by the
Industrial Relations Commission and/or the courts,
pursuant to the provisions of Chapter 440 Florida
State Statutes.
B.The City Clerk, at his discretion, may utilize the
services of a physician to determine whether any
employee claiming disability is physically and/or
mentally able to continue working or to return to
work; provided, however, that the employee may select
the physician so utilized from a list of three (3)
physicians provided by the City Clerk.
C.Paid disability leave shall not exceed ninety (90)
working days from any one injury. If, as a direct
result of the continuation of the disability involved,
20
the employee is unable to return to work at the
end of the ninety (90) working day period, the
employee may petition the City requesting that he
be carried in pay status beyond the ninety (90)
day working period.
Upon receipt of such a petition, the City shall
convene a panel comprised of the Chief of Police,
the physician designated pursuant to Paragraph B
above, and the City Clerk, which panel shall make
a recommendation to the City Clerk as to the proper
disposition of the employee's position. If the
City Clerk decides not to permit the employee to
continue in pay status beyond the ninety (90) working
day period, the employee shall after utilizing his
accrued annual sick leave, revert to normal Worker's
Compensation Benefits.
D. As a condition precedent to obtaining paid disability
leave, the employee must formally assign his Worker's
Compensation weekly benefits to the City for the
period of the disability leave or any extension
thereof.
At the request of the Chief of Police the City
Clerk may direct any employee covered hereunder to
submit to a physical and/or mental examination con-
ducted by a physician designated pursuant to Section
12.1 paragraph B. above. The sole purpose of such
21
examination shall be to determine whether the
employee has a physical and/or mental disability
which impairs his effectiveness as a police officer,
limits his ability to perform his assigned duties
or make his continuation in his job as a danger to
himself, the public, or other department employees.
In the event the City Clerk in consultation with
the Chief of Police and the designated physician,
determines that a non -job related disability does
exist, the following action shall be taken:
A. If the designated physician determined that
the disability can be corrected, the employee
shall be allowed a specified time to have
it corrected. During this period of time,
and after consulting with the Chief of
Police, the City Clerk, in his discretion,
may permit the employee to continue with
his normal duties, reassign the employee to
other duties with the City Department, or
temporarily remove the employee from City
service. Should the employee be temporarily
removed from City service during the period
of time specified for the correction of his
disability, the employee may utilize his
annual leave, sick leave, or leave without
pay for the correction period.
22
B. If, in the opinion of the designated
Physician, the disability cannot be
corrected, the City Clerk, in consul-
tation, with the Chief of Police will
attempt to place the employee in another
City position which in the City Clerk's
discretion, the employee can perform
satisfactorily. Nothing herein shall
require the City Clerk to create a position
for the employee or place the employee in a
position which, in the City Clerk's discre-
tion, need not be filled. If the City Clerk
determines that the employee cannot success-
fully be placed in another position, or if
the City Clerk in consultation with the Depart-
ment Head involved, determines that the employee
once placed in another position, is unable to
perform satisfactorily in that position, the
City will separate the employee from the City's
service through retirement.
The City agrees that any employee suffering an
on-the-job injury as determined pursuant to
Chapter 440, Florida Statutes, and the proce-
dures set forth herein, shall have the right
to choose the physician for treatment and care.
23
ARTICLE XIII
Sick Leave
Sick leave time will be earned at the rate of one
day for each month of service. These credit days shall
become accumulative up to a maximum of forty (40) days.
Credit days may be earned by the employees to the extent
of restoring credit days subsequently used for sick leave
and thereby building up accrued sick leave again to forty
(40) days maximum.
A. After accumulating the forty days (40) maximum sick
leave provided herein, the employee will receive
one day's pay for each month thereafter that he does
not use any sick leave. If however, the employee
uses any sick leave after accumulating the forty days
(40) maximum sick leave the employee must restore his
accumulated sick leave to the maximum provided above,
before this paragraph becomes applicable again.
B. On applying the above sick leave article, the employee
after three days and upon the fourth day of illness must,
if requested by the Supervisor, have a suitable statement
as to the employees physical condition to return to work
as required by the City.
C. Upon termination of the employee for any reason, except
dismissal, or in the event of his death, his or her
heirs shall be entitled to a lump sum payment for all
sick leave earned and accrued.
24
0
ARTICLE XIV
Vacation
Employees covered by this agreement shall be entitled to
annual vacation leave with pay at his regular base pay, on the
following basis:
Less than 1 year 0 work days
1-4 years 10 work days
5-10 years 15 work days
11 and oler 20 work days
A.That for the purpose of calculating accrued vacation
time, the date of employment by the City shall be the date
the employee begins his employment and on each yearts
anniversary date thereafter said employee shall be deemed
to have worked full year. No employee shall be entitled
to vacation time without having first completed a full year's
employment.
B. A minimum of one half of accrued vacation time must be �I
taken within any given anniversary period. The remaining
Portion of the accrued vacation time may be carried into
the following work year or compensation may be recieved in
an amount not to exceed one half of the vacation time.
C. The taking of any vacation time accrued which is in excess
of the vacation time allotted for any one anniversary
period must be approved by the chief of police.
9S
D. Upon termination of employment, an employee shall be
paid for any unused portion of accrued vacation time
which shall be prorated on a monthly basis from the last
anniversary date.
26
O
ARTICLE XV
Holidays
The City will recognize the following as paid holidays:
New Years
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Memorial Day
Christmas Day
Employee's Birthday
One Personal Day
A. If the holiday falls on an employee's off duty day,
he shall receive an additional day's compensation
paid at his regular rate of pay.
B. If the holiday falls while an employee is on vacation
he shall receive an additional day's vacation, or com-
pensation in lieu thereof.
C. In order to eligible for holiday pay he must work both
his last scheduled work day before the holiday and the
first scheduled work day after the holiday unless the
absence is due to illness.
D. Holiday pay shall not be withheld for any reason other
than being waived, with propr notification to the Chief
of Police, and the employee will be allowed a day off
with pay upon approval of the Chief. The day taken off
27
in lieu of the holiday pay must be taken vrithin.thirty
calendar days.
E. The holiday to be recognized is the specific holiday
mentioned above and not any other designated day.
28
ARTICLE XVI
Bereavement Leave
The City agrees when a death occurs in the immediate family
of an employee, that employee shall be granted up to three days
off if the funeral is to be held in Florida and if the funeral is
to be held outside the state of Florida and additional two days
may be granted.
A. Additional time may -be granted by the chief of police,
if he feels circumstances warrant such an extension.
B. The City agrees that the immediate family as cited above
shall be defined as: father, mother, spouse, children,
brother, sister, father-in-law, mother-in-law, sister-in-
law, brother-in-law, grandparents of employee, and grand-
children. if the employee was raised by someone other
than one of the above named, he may request the leave as
though he had been reared by one of the above.named.
C. The,City agrees that bereavement leave will not be charged
against sick leave, vacation, or holiday, or accummulated
compensatory overtime.
M
29
ARTICLE XVII
Voting
During a primary, general, or special election, an employee
who is registered to vote and whose hours of work do not allow
sufficient time for voting shall be allowed necessary time off
with pay for this purpose, where the polls are open two hours
before or two hours after the employees regular scheduled work
period, it shall be considered sufficient time for voting.
30
ARTICLE XVIII
Seniority
The City agrees that seniority shall consist of continuous
accumulated paid service with the City, except as provided below.
It shall be computed from the date of appointment after
completion of the probation period. Seniority shall accumulate
during leaves of absence due to injury, illness, vacation, or any
other leave authorized and approved by the City Council.
A. Vacation periods for each calendar year shall be drawn by
employees on the basis of seniority. The chief of police
shall make the final decision as to how many employees may
be on -vacation at the same time.
•
• B. In the event of lay off (reduction of work force), employees
shall be laid off in inverse order of seniority in thier
classifications. Employees to be effected by a lay off
shall have the opportunity to "bump" into a lower paid
classification if a permanent appointment to said lower
classification was previously held and the effected employ-
ee is senior to an employee in the lower classification.
Employees will be called from lay off in the inverse order
of lay off (last laid off), first recalled, if said emp-
loyee to be recalled is physically qualified to perform
the work available at time of recall. The City further
agrees that no new employees will be hired until all qual-
31
ified employees who have been laid off for less than
twelve months have been given an opportunity to return to
work in accordance with the provisions of this article.
Recall from lay off shall mean notifing a laid off emp-
loyee to return to work by certified mail, return receipt
requested, to the last address listed with the police chief
as his home address. Employees recalled shall return to
work within fifteen working days of the recall notification.
C. Any employee who has been laid off from employment with
the City for a period of twelve months and is rehired shall
accumulate senority as a new employee.
D. In the event of a vacancy in any division or unit of shift,
and promotional vacancy, seniority will be given reasonable
consideration, but will not be a determining factor.
E. Seniority will be given reasonable consideration in the
selection of any employee to attend any type of schooling.
Ido probationary employee will be sent to any type school,
except those required by the State of Florida, until the-
school has been offered to all qualified regular employees.
32
ARTICLE XIX
Promotions
Whenever a budgeted promotional vacancy exists in a
Sergeant or a Lieutenant classifications, the City shall
promote an employee to fill such vacancy within thirty (30)
days, from an existing eligibility list, if a valid eligi-
bility list is in existence. Should there exist no valid
eligibility list at the time a budgeted promotional vacancy
occurs, the City shall establish a new eligibility list within
sixty (60) days upon certification by Chief of Police. From
the new eligibility list, the budgeted vacancy shall be filled.
A. The City will announce promotional examinations
at least forty-five (45) days in advance of said
examinations.
B. The City will list the areas which the examina-
tipns are drawn and the location of the sources.
C. The City agrees that upon execution of this Agree-
ment the promotional probationary period shall be
of three (3) months duration and can not be extended
except when the probational employee is incapacitated
because of illness or injury.
33
ARTICLE XX
Bulletin Board
The City shall provide the Association with a bulletin
board in the squad room of the police department in order
that the Association may post notices of the Associations rec-
reational and social functions, elections, Association business
meetings, and names and addresses of officers, directors and
representatives of the Association.
A. A copy of each notice to be posted shall be first
transmitted to the .Chief of Police prior to posting.
34
ARTICLE XXI
Dues Deduction
Upon receipt by the chief of police of a properly
executed written authorization card or form from an employee
the City agrees to deduct pro rate the regular Association dues
of such employee from his weekly wages. The dues so collected
shall be transmitted to the association once a month. The City
shall no responsibility or any liability for the improper de-
duction of any dues. Further, the Association shall hold the
City harmless for any errors in the administration of the dues
deduction system. The Association shall notify the City in
writing 30 working days prior to any change in regular Association
dues. Under no circumstances shall the City be required to
deduct Association fines, penalties, or assessments from the wages
of any member. Any employee may upon 30 days written notice to
the City and the Association, have the City cease deducting dues
from his wages.
35
... ARTICLE XXII
Association Representatives
The Association shall be represented by its President,
or his designee. It shall be the responsibility of the Asso-
ciation to notify the City clerk and the chief of police in
writing of any change in the designation of the president, or
his designee, subsequent to the execution of this agreement.
A. Two members of the Association's negotiating c,�mzittee
shall be permitted to attend, without loss of pay,
if they are. employees of the City, the City Council
meeting where final action is scheduled to be taken
on approval (or rejection) of a collective bargaining
agreement to suceed this agreement.
B. The president, if he is an employee, or one other City
employee member of the Association, if the President
is not an employee of the City, shall be permitted
reasonable access for reasonable periods of time to
police department work locations to handle specific
grievances and matters of interpretation of this
agreement. The exercise of such access rights shall not
interfere with ttier duties or the duties of other
employees.
C. The City will provide the Association on an annual
basis a complete roster of the bargaining unit in-
cluding name, rank, address, telephone number, social
security number and current pay rate.
36
ARTICLE XXIII
Employee -Management Committee
There shall be an employee -management committee consisting
of the following Association and magement representatives:
Two employees of the City who
are members of the Association.
The Chief of Police and the
personnel officer.
A. The employee -management committeeshall meet twice a
year on dates mutually agreed upon by the participants.
The sole function of the committee shall be to discuss
general matters pertaining to employee relations and
departmental operations. The committee shall not en-
gage in collective bargaining or resolution of grievances.
The employee Association members attending committee
meetings during their off -duty hours shall not be comp-
ensated for the time spent in such meetings. However,
if they are attending during duty hours they will be
released from duty without loss of pay.
37
ARTICLE XXIV
Individual Rights
Iiothing contained in this collective bargaining agreement
shall foreclose any employee covered by this agreement from pur-
suing any right or remedy available under this agreement without
representation of the Association. Further nothing contained in
this agreement shall foreclose any employee from discussing a
problem directly with his immediate supervisor or other depart-
mental officials without the intervention of theAssociation;
provided that the immediate supervisor or other departmental
official agrees to discuss and/or attempt to resolve tie Natter
outside the formal grievance procedure.
A. In matters involving a formal'grievance, the Association
shall be given the opportunity to be present at any
meeting called for the resolution of such grievance.
38
I
ARTICLE XXV
Internal Investigations and Obligations to the Public
The Parties recognize that the security of the City and its
citizens depends to a great extent upon the manner in which
the employees covered by this Agreement perform their various
duties. Further, the parties recognize that the performance
of such duties involves those employees in all manner of con-
tacts and relationships with the public and that out of such
contacts and relationships, questions and complaints may be
made concerning the actions of employees covered by this Agree-
ment. Investigation of such questions and complaints must
necessarily be conducted by, or under the direction of Depart-
mental Supervisory officials whose primary concern must be the
security of the City and the preservation of the public interest.
In order to maintain the security of the City and protect
the interests of its citizens, the parties agree that the City
must have the unrestricted right to conduct investigations of
citizens complaints and matters of internal security; provided
however, that any investigation/interrogation of an employee
covered by this Agreement relative to a citizen's complaint
and/or a matter of internal security shall be conducted under
the following conditions:
A. The interrogation shall be conducted at a reasonable
hour, preferrably at a time when the employee is on
duty, unless the seriousness of the investigation is
of such a degree that immediate action is required.
B. The employee under investigation shall be informed of
the nature of the investigation prior to the interrogation.
39
a.
C. The employee under investigation shall be informed of
the rank, name, and command of the officer in charge
of the investigation, the interrogating officer and
all persons present during the interrogation. All
questions directed to the employee under interrogation
shall be asked by and through one (1) interrogator at
any one (1) time.
D. Interrogation sessions shall be for reasonable periods
and shall be timed to allow for such rest periods as
are reasonably necessary. All interrogations must be
held at the headquarters of the Edgewater Police Depart-
ment.
E. At the request of any employee under investigation, he
shall have the right to be represented by council or
any other representative of his choice who shall be
present at all times during such interrogation whenever
the interrogation relates to the employee's continued
fittness for law enforcement services.
F. The formal interogation of an employee, including
all recess periods, shall be recorded, and there shall
be no unrecorded questions or statements.
G. If the employee under interrogation is under arrest or
Is likely to be placed under arrest as a result of the
interrogation, he shall be completely informed of all
of his rights prior to the commencement of the interr-
ogation.
H. I10 employee shall be ordered to submit to any device
40
I
designed to measure the truth of his responses during
questioning; provided however, that there shall be no
restriction on the right of the employee to submit to
such device on a voluntary basis.
I. During interrogation(s) the employee shall not be
subjected to offensive language or threats of transfer,
dismissal or other disciplinary action. The interrogator
does not have the right to make a promise of reward as
an inducement to answering questions.
J. During interrogations covered hereunder, questions shall
be limited to the circumstances surrounding the allega-
tions,which are the subject of the investigation.
K. In the interest of internal security and fairness to
the employee under investigation, the City insofar as
is legally permissible, agrees to make no conclusionary
statements concerning the validity of the allegations
under investigation until such time as the employee
under investigation, or any organization or person
representing said employee make public statements con-
cerning the allegations under investigation, the City
shall have the right to respond in any manner it deems
appropriate.
L. Upon payment of the cost involved, an employee under
investigation may obtain a copy of any written state-
ment he has executed.
M. The City agrees that no adverse action will be taken
against any employee, who exercises the right provided
in this article.
41
ARTICLE 70NI
GRIEVANCE ARD ARBITRATION PROCEDURE
In a mutual effort to provide a harmonious working relation-
ship between the parties to this Agreement, it is agreed and
understood that there shall be a procedure for the resolution
of grievances between -the parties and that such procedure
shall cover grievances involving the application or inter-
pretation of this Agreement only.
Every effort will be made by the parties to settle any
grievance as expeditiously as possible. Should the grieving
party fail to observe the time limits as set out in the steps
of this Article, his grievance shall be considered conclusively
abandoned. Any grievance not answered by management within
the prescribed time limits shall automatically advance to
the next higher step.
A. Time limits specified in days shall mean working
days Monday through Friday excluding Holidays.
B. Grievances shall be presented in the following
manner:
Step 1: The employee shall first take up his grievance
with the Chief of Police within ten (10) calendar
days of the occurrence of the events which gave rise
to the grievance. If the events which gave rise to
the grievance occurred at a time when the employee
was on sick leave, vacation or other compensated
leave, the ten (10) day period shall commence running
immediately upon the employee's return from such
42
O d
compensated leave. This first step shall be on an informal
and oral basis and shall be witnessed by a representative of
the employee or by a representative of the Association.
Step 2: Any grievance which cannot be satisfactorily settled under Step 1,
shall be reduced to writing by the employee and presented within
five (5) .days of the day of completion of Step 1�.either through
a representative of the Association and the employee or by the
employee himself at the employee's option, and discussed with the
Chief of Police. The Chief of Police shall within five (5) days
after presentation of the grievance, render his decision on the
grievance in writing.
Step 3: Any grievance which cannot be satisfactorily settled with the
Chief of Police in Step 2, shall within five (5) days after com-
pletion of Step 2, be discussed with the Personnel Officer, who
shall within seven (7) days after this discussion render his
decision in writing, with a copy to the Association.
Step 4: In the event the grievance processed as above has not been re-
solved at .Step 3 above, either party may request that the grievance
be submitted to arbitration within fifteen (15) days after the
Personnel Officer renders written decision on the grievance.
The arbitrator may be an impartial person mutually agreed upon by
and between parties. However, in .the event the parties are unable
to agree upon an impartial arbitrator, within fifteen (15) days
after the grievance is submitted to arbitration, the parties shall
jointly request the Federal Mediation and Conciliation Service to
furnish a panel of seven (7) names from which each party shall have
the option of striking three (3) names in alternating fashion,
thus leaving the seventh (7) who shall be the arbitrator.
43
Step 5: The City and the employees (of the Association) shall
mutually agree in writing to the statement of the
grievance to be arbitrated prior to the arbitration
hearing, and the arbitrator, thereafter, shall con-
fine his decision to the particular grievance thus
specified.' In the event the parties fail to agree
on the statement of the grievance to be submitted
to the arbitrator, the arbitrator will confine his
consideration and determination to the written state-
ment of the grievance presented in Step 2 above. The
arbitrator shall have no authority to change, amend,
add to, subtract from, or otherwise alter or supple-
ment thereto. The arbitrator shall have no authority
to consider or rule upon any matter which is not a
grievance as defined in this Agreement, nor shall
this Collective Bargaining Agreement be construed
by the arbitrator to supersede applicable laws in
existence at the time of signing of this Agreement,
except to the extent as specifically provided herein.
Step 6: Consistent with the provisions of the Florida Public
Employee Relations Act, Chapter 74-100, it is mutuall:
acknowledged and agreed that this Collective Barg-
aining Agreement shall be administered within the
amounts appropriated ty the City Council for funding
of the Collective Bargaining Agreement. Accordingly,
and notwithstanding any other provision of this
Collective Bargaining Agreement, the arbitrator
shall have no authority, power or jurisdiction to
construe any provision of law, statute, ordinance,
resolution, rule or regulation or provision of this
Collective Bargaining Agreement to result in,
44
a
obligate, or cause the City to have to bear any
any expense, debt, cost, or liability which would
result directly or indirectly, in the City ex-
ceeding the amounts initally appropriated and
approved by the City Council for the funding of this
Collective Bargaining Agreement as agreed upon b;;
the parties. Any such award which contravenes or
is not in compliance with the provisions of this
paragraph sfiall be null and void.
Step 7: Each party shall bear the expense of its own witness
and of its own representatives for purposes of the
arbitration hearing. The impartial arbitrators'
fee and relr.ted expenses and expenses in obtaining
a hearing room, if any, shall be divided equally
between the parties. Any party desiring a trans -
script unless both parties mutually agree to share
the cost.
Step 8: The Arbitrators' award shall be final and binding
on the parties.
45
ARTICLE Y,VII
Severability Clause
Should any provision of this collective bargaining agree-
ment or any part thereof, be rendered or declared invalid by
reason of any existing or subsequently enacted State or Federal
legislation or by an decree of a court of competent jurisdiction,
all other articles and sections of this agreement shall remain
in full force and effect for the duration of this agreement.
A. The parties agree that they shall meet within 30 days
of the date when the contract provision was determined
to be in valid, in order to negotiate a replacement
provision.
46
O
ARTICLE XXVIII
Herit Systetp
i
Recognizing that there is presently in effect a City
Merit System (ordinance) covering working conditions, benefits,
and rules and relations applicable to the employees covered here-
under, the parties agree that except as modified by terms of this
agreement, the provisions of -the City Merit System (ordinance)
shall remain: in full force and effect as to the employees
covered hereunder.
A. Each enployee mill be provided a copy of the Merit
System (ordinance) and copies of all Rules and -Reg-
ulations in addition to a copy of this Labor agreement.
B. Every employee will be given a. yearly evaluation on
or about his anniversary date.
C..The employee Brill have the right to appeal this eval-
uation to the Merit Board, whose decision will be final.
47
0
ARTICLE XXIX
Pension Plan
The City hereby represents to the Association that the
City has entered into a pension plan which covers the members
of the Association. Full details regarding the coverage of this
pla.D are available at the Edgewater City Hall.
48
ARTICLE M
Savings Clause
All job benefits hereto enjoyed by the employees which
are not specifically provided for or abridged by the collective
bargaining agreement shall continue under conditions that they
had previously been granted. The agreement will not deprive
any employee of any benefits or protection granted by the laws
of the State of Florida, the ordinances of the City of Edgewater,
or the personnel rules and regulations of Edgewater and its
Police Department Rules and Regulations.
A. All job benefits now enjoyed or given at a later
date, to any employee of the City, Trill also be
given to all members of this bargaining unit.
49
o
ARTICLE =
Equipment
The City agrees to equip each authorized police vehicle
within the department, which is used in the line of duty
with the following:
1. A 4 channel radio of suitable quality for use in
police work or comparable to !Motorola Mocomm 70
or 1•iicor 90 series.
2. An electronic siren with PA producing a signal of
reasonable decibels.
3. A mounted spotlight, or alley lights with adequate
candle power.
4. Auxilary electric outlets for use of equipment such
as radar etc.
5. Marked units will be equiped with overhead mounted
revoling light units allowing adequate illumination
so as to be seen and recognized as a police vehicle.
6. Unmarked units will be equiped with a light which is
of suitable quality and may be of the portable type
with suitable candle power to allow recognition as
a police vehicle.
7. A protection barrier as of the now existing type.
8. Road flares (no less than 6 per unit)
9. One dry chemical fire extinguisher, with mounting
bracket.
10. One 501 length of rope no less than } inch diameter.
11. One blanket
12. Itirst aid kit (truma type)
13. A suitable storage container for all loose or unsecured
equipment.
14.. Gloves (orange)
15. Light baton (traffic) orange
so
J
A. Each department motor vehicle assigned to the department
and used by the department, will be maintained and kept
in a state of repairs so as to meet state statues at all
times, in respect to safety requirements; tires, brakes,
lighting equipment, etc.
B. The City agrees to arrange to have each vehicle which is
assisned and used by the police department to be inspected
by a qualified mechanic on no less than amonthly basis.
C. Thecleaningof both the exterior and the interior of
each vehicle within the department will be the responsibility
of the City. Each vehicle will be cleaned on no less than
a monthly basis.
51
O ARTICLE XXXII�
Uniforms and Equipment
The City agrees to provide the following clothing to the
bargaining unit membersupon employment.
A. Uniform trousers 3 pair
B. Uniform shirt (long sleeve) 1 (dress use only)
C. Uniform shirts (short sleeve) 4
D. Uniform hat (dress type Stetson)* 1
E. Shirt badge 1
F. Collar pin (set) 1
G. Winter coat* 1
H. Windbreaker (black) 1
*Not required for dispatchers.
The City further agrees to replace/repair said clothing and equip-
ment due to normal wear and tear, or due to damage resulting from
the performance of assigned duties.
A. Personal property required in the line of duty which is
damaged or destroyed during the performance of such duty
shall be replaced by the City.
B. All replacements must be approved by the Chief of Police.
C. All replacement items will be furnished to the bargaining
unit member within 30 days of approval.
D. Bargaining unit members shall be required to maintain
clothing and equipment outlined in this article in an
acceptable condition as prescribed by the Chief of Police,
to returnall assigned uniforms and equipment to the City
in the event of termination or transfer, and to otherwise
be accountable for said clothing and equipment.
E. All clothing and equipment outlined in this article shall
be provided at no expense to the bargaining unit member.
Sworn officers who are required to wear non -issued clothing in the
course of their employment shall .receive a clothing allowance of
$350.00 per year to be paid on October 1st of each year.
52
ARTICLE XXXIII
Education
The City agrees to post notices of any forthcoming courses
and seminars that are directly related to police department
employees. Each employee will be allowed ample time and
opportunity to evaluate and prepare for attendance.
A. Employees will notify the Chief of Police of a
desire to attend such courses. The Chief, in turn,
may arrange scheduling of shifts so as to allow an
employee attendance.
B. Eligible employees desiring to attend courses and
seminars will be determined by seniority.
C. All cost will be paid for by the City, including
transportation and appropriate time off for the
attendance of the courses and seminars provided the
employee completes the course of instruction.
D. Attendance of seminars and courses shall have prior
approval by the Chief of Police.
53
o
ARTICLE XXXIV
Compensation
The City agrees to raise the gross annual pay for employees
covered under this agreement 10%, effective and retroactive
to October 1, 1981.
A. The City agrees to establish a salary and wage
table that would be tied in with a classification
system to aid in the establishment of promotions,
longevity system, etc.
B. The City agrees to an annual evaluation, on the
employee's anniversary date. An above average
evaluation may be considered a part of the require-
ments for promotions.
54
R
ARTICLE XXXV
This agreement contains the entire agreement of the parties
on all matters relative to wages, hours, working conditions, and
all other matters which have been or could have been negotiated
by and between the parties prior to the execution of this agreement.
Upon formal adoption by the City Council and execution by
the parties, this agreement shall become effective October 1, 1981,
and shall remain in full force and effect until September 30, 1982.
Volusia County Police
Benevolent Association City of Edgewater, Florida
By:_//!LLCC1
ATTEST: '
City C1 k
55