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84-R-18RESOLUTION NO. 84-R-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO EXECUTE THREE LABOR AGREEMENTS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1: That the City Council of the City of Edgewater, Florida authorizes the appropriate officials of the City of Edgewater, Florida to execute three Labor Agreements. SECTION 2: A copy of said agreements are attached to this Resolution and by reference incorporated herein as if fully set forth. SECTION 3: That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 4: That this Resolution shall take effect immediately upon its adoption by the City Council of the City of Edgewater, Florida, at a ameeting of said Council held on the day of ,1984, and approved as provided by law. This resolution was introduced and sponsored by PMemc 111a_' a&1_1 -and was read and passed by a vote of the City Council of the City of Edgewater, Florida at a t)on.. aA meeting of said Council held on the I(oq"day of 0JW1441 198, 1984, and approved as provided by law. ROLL CALL VOTE AS n` NCILM - ZON HREE NCaLMAN - ZONE FOUR G " :I.,qW.Te„wzTX-kv, BETWEEN CITY OF EDGEWATER, FLORIDA AND THE VOLUSIA COUNTY PUBLIC EMPLOYEES ASSOCIATION OPEA INDEX ARTICLE TITLE PAGE Preamble 1 I Recognition 1 II Management Rights 2 III Employee Rights 3 IV Strikes and Lockouts 4 V Grievance and Arbitration Procedures 4 VI Dues Deduction 9 VII Employee -Management Committee 10 VIII Probationary Personnel 11 IX Association Representatives 11 X Personnel Records 13 XI Temporary Assignment to a Higher Classification 14 XII Promotions 15 XIII Training 16 XIV Seniority 17 Xv Disciplinary Action/Investigation 21 XVI Bulletin Boards 24 XVII Voting 24 XVIII Legal Benefits 25 XIX Rules/Regulations and Job Classifications 25 XX Leave of Absence 26 XXI Hours of Work and Overtime 28 XXII Holidays 31 OPEA ARTICLE TITLE PAGE XXXII Sick Leave 32 XXIV Vacation 33 XXV Bereavement Leave 34 XXVI Uniform, Clothing and Equipment 35 XXVII Insurance 36 XXVIII Workers Compensation Benefits 37 XXIX Physical Examination 41 XXX Mileage Allowance 42 XXXI Education 42 XXXII Severability Clause 43 XXXIII Savings Clause 43 XXXIV Pension Plan 44 XXXV Merit System 44 XXXVI Wages 45 Signatures and Attest 46 C O PEA PREAMBLE This Agreement is entered into by the City of Edgewater, hereinafter referred to as the "City" and the Volusia County Public Employees Association, Inc., hereinafter referred to as the "PEA" for the purpose of promoting harmonious relations between the City and the PEA, to establish an orderly and peaceful procedure, to settle differences which might arise and to set forth the basic and full Agreement between the parties concerning rates of pay, hours of work, and other conditions of employment as provided by law. The term "Designated City Representative" hereinafter shall be referred to as the "DCR". ARTICLE I RECOGNITION The City hereby recognizes the PEA as the exclusive bargaining representative for all matters affecting wages, hours, and working conditions for those employees in the unit certified by the Public Employees Relations Commission, in its certification No. 579. 1 C O PEA ARTICLE II MANAGEMENT RIGHTS The Association and the bargaining unit employee recognize that the City has the exclusive right to manage and direct the Departments 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 XXI (Hours of Work and Overtime), maintain the efficiency of employees by communication through supervisory personnel; merge, consolidate, subcontract, expand or close Departments or any part thereof, schedule and assign work to the employees and determine the size and composition of the work force, formulate and implement Department rules and regulations; introduce new or improved services, maintenance procedures, 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. `A CPEA ARTICLE III EMPLOYEE RIGHTS The City agrees not to interfere with the right of any eligible employee to become a member of the Employee Organization, withdraw from membership from the Employee Organization, or refrain from becoming a member of the Employee Organization. There shall be no discrimination against any employee by reason of race, creed, color, age, national origin, sex, or Employee Organization membership or activity; or lack of Employee Organization membership or activity. References to the use of the word "He" in this Agreement is for brevity only and shall be interpreted to mean "He" or "She." Nothing contained in this Agreement shall foreclose any employee covered by this Agreement from pursuing any right or remedy, not including arbitration available under this Agreement, without representation of the Employee Organization. Further, nothing contained in this Agreement shall foreclose any employee from discussing a non -contract problem directly with his immediate supervisor or other Departmental Official without the intervention of the Association, provided that the immediate supervisor or other Departmental Official agrees to discuss and/or attempt to resolve the matter outside the formal grievance procedure. 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; except as noted in Article V. 3 C, ^ PEA ARTICLE IV STRIKES AND LOCKOUTS There will be no strikes, work stoppages, slowdowns, boycotts, or concerted failure or refusal to perform assigned work by the employees. There will be no lockouts by the City for the duration of this Agreement. The Association supports the City fully in maintaining normal operations. Any employee who participates in or promotes a strike, work stoppage, slowdown, boycott, or concerted failure or refusal to perform assigned work may be disciplined or discharged by the City and only the question of whether he did in fact participate in or promote such action shall be subject to grievance and arbitration procedure. ARTICLE V GRIEVANCE AND ARBITRATION PROCEDURES In a mutual effort to provide a harmonious working relationship 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 interpretation of the Agreement. 4 O o PEA 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. Grievances shall be presented in the following manner: Step 1: The employee shall first take up his grievance with his immediate supervisor within five (5) working days of the occurrence of the event(s) which gave rise to the grievance or from the date on which the employee becomes knowledgeable of the cause of action. If the employee was on annual leave, sick leave, or other compensated leave, the five (5) working day period shall commence running immediately upon the employee's return from such compensated leave. This first step between the employee and his immediate supervisor shall be on an informal and oral basis, and shall not involve the Association or any other representative of the employee, unless requested by the employee. Step 2: Any grievance which cannot be satisfactorily settled with the supervisor shall be reduced to writing by the employee and shall next be taken up with his Department Head. Such grievance shall be presented to the Department Head in writing, within five (5) days of the date of completion of Step 1. The Department Head shall, within five (5) days after presentation of the grievance render his 5 O O PEA decision of the grievance in writing, unless a longer period of time is mutually agreed upon. Step 3: Any grievance which cannot be satisfactorily settled with the Department Head shall next be taken up with the DCR, either through a representative of the Employee Organization and the employee or by the employee himself at �x uenoo the employee's option. The grievance as specified in Step 2. shall be discussed by and between the employee and/or the representative of the Employee Organization and the DCR within five (5) days after completion of Step 2. The DCR shall within seven (7) days after this discussion (or such longer period of times as is mutually agreed upon) render his decision in writing, with a copy to the employee and/or representative of the Employee Organization. Step 4: Arbitration. In the event a grievance processed through the grievance procedure has not been resolved at Step 3, above, the Association may request that the grievance be submitted to arbitration within fifteen (15) days after the DCR renders a written decision on the grievance. The arbitrator may be any impartial person mutually agreed upon by and between the parties. If an impartial arbitrator cannot be agreed upon within ten (10) 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 within five (5) days of receipt of striking three (3) names in alternating fashion, thus leaving the seventh (7) ■ OO PEA which will give a neutral or impartial arbitrator. The City and the Employee Organization shall attempt to mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing and the arbitrator, thereafter, shall confine 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 statement of the grievance presented in Step 2 of the grievance procedure. The arbitrator shall fashion an appropriate remedy for violations of the provisions contained in this Agreement. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment 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 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 herein provided. The arbitration hearing shall be conducted in accordance with the Rules of Procedure promulgated by the Federal Mediation and Conciliation Service. 7 PEA Each party shall bear the expense of its own witnesses and of its own representatives for purpose of the arbitration hearing. The impartial arbitrator's fees and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. Copies of the arbitrator's award shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the parties. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee, or the grievance is directly between the Employee Organization and the City, such grievance shall be presented by the Association's Representative, in writing, directly to the DCR, Step 3, within ten (10) days of the occurrence of the event(s). Consistent with the provisions of the Florida Public Employees Relation Act, Chapter 447 Florida Statutes, unless amended, it is mutually acknowledged that this Agreement shall be administered within the amounts agreed to by the City Council for funding of this Agreement. Accordingly, and notwithstanding any other provisions of this Agreement, the arbitrator shall have no authority, power or 8 CO PEA jurisdiction to construe any provision of the law, statute, ordinance, resolution, rule, or regulation or provision of this Agreement to result in, obligate, or cause the City to have to bear any expense, debt, or cost or liability which would result, directly or indirectly, in the City exceeding the amounts initially agreed to by the City Council for the funding of this Agreement as agreed upon by the parties. Any such award which contravenes or is not in compliance with the provisions of this paragraph shall be null and void. ARTICLE VI DUES DEDUCTION Upon receipt by the City of a properly executed written authorization card or form from an employee, the City agrees to deduct 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 Association shall notify the City in writing thirty (30) days prior to any change in regular Association dues. Any employee may, upon thirty (30) days written notice to the City and the Association, have the City cease deducting dues from his wages. 9 C O PEA ARTICLE VII EMPLOYEE -MANAGEMENT COMMITTEE There shall be an employee -management committee consisting of the following Association and Management representatives: 1. Two employees of the City who are members of the Association. 2. Two representatives designated by the City Council. The employee -management committee shall meet at least 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 engage in collective bargaining or resolution of grievances. The Employee Association members attending committee meetings during their off duty hours shall not be compensated 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. 10 C1 ' O PEA ARTICLE VIII PROBATIONARY PERSONNEL All new members in a Department shall serve a probationary period of ninety (90) days during which time they shall not be entitled to any seniority or tenure rights, but during such period such new members shall be subject to all other terms and conditions of this Agreement and applicable Civil Service requirements. Upon satisfactory completion of said ninety (90) days probationary period, members shall be known as permanent members and seniority rights and tenure shall be considered a part of such members' rights. The probationary period cannot be extended for any reason and the performance evaluation, after completion of ninety (90) days probationary period, shall determine whether or not an employee shall achieve permanent status. ARTICLE IX ASSOCIATION REPRESENTATIVES The Association shall be represented by its President or his designee. It shall be the responsibility of the Association to notify the City, in writing, of any change in the designation of the President or his designee. C I O PEA A. Two members of the Association's negotiating committee shall be permitted to attend, without loss of pay, if they are employees of the City, all negotiation meetings. B. The authorized Association representative and a City employee member of the Association shall be permitted reasonable access for reasonable periods of time to department work locations to handle specific grievances and matters of interpretation of this Agreement. The exercise of such access rights shall not interfere with their duties, if they are City employees, or the duties of other employees. C. The City will provide the Association on an annual basis a complete roster of the bargaining unit including name, job classification, address, telephone number, social security number and current pay rate. D. Members of the Association, if they are employees of the City shall request permission of their immediate supervisor to leave duty for the above purposes. The supervisor shall notify the DCR prior to an employee leaving duty for the above purposes. 12 O �'1 PEA ARTICLE X 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, under the supervision of the records custodian and at the location where the official personnel file is kept. 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 result of supervisory action or citizen's complaint. At the employee'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 the employees, the City will require a written request from anyone but the employee and/or supervisor be filed prior to review of an employee's personnel record. The City will notify the employee when such request has been filed. 13 PEA ARTICLE XI TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION In the event a Department Head determines that there is a need to temporarily fill a regularly budgeted vacant position with an employee from a lower classification, he shall immediately advise the DCR of such intention. In the event there exists no current eligibility list relative to the budgeted position, the Department Head may select any employee from a lower classification to temporarily fill such budgeted position. If the employee selected for a temporary position is not selected to the permanent position, this employee shall be returned to his/her classification and pay rate. An employee who is temporarily assigned to a position of higher rank for five (5) days or more, shall be entitled to the salary pertaining to that rank or position from the first day of assignment. Any temporary assignment shall be carried through via personnel action forms and be subject to the approval of the DCR except for emergencies, in which case the DCR shall be. notified and shall approve or disapprove in advance. Temporary assignments shall not include requests from supervisors for temporary standby assistance. 14 CI I,^'1 PEA ARTICLE XII Whenever a budgeted promotional vacancy exists in a Department, the City shall promote an employee to fill such vacancy within thirty (30) days from an existing eligibility list, if a valid eligibility list is in existence. The filling of such a position is subject to Article II. 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 of the new eligibility list, the budgeted promotional vacancy shall be filled. The promotional probationary period shall be of three (3) months duration and cannot be extended except when the probational employee is incapacitated because of illness or injury. Failure to get satisfactory performance evaluation shall result in employee demotion to earlier classification and rate of pay. The City shall announce promotional examinations (The City of Edgewater has no promotional examinations for positions) at least thirty (30) days in advance of said examination. The City will list the areas which the examination will cover and the sources from which the examination is drawn, and the location of the sources. 15 PEA The City agrees to discuss with the PEA at the next scheduled Employee Management Committee meeting its present policy on promotions. The City and the PEA agree to update and improve the promotion policy where needed and to make the policy a part of this Agreement subject to the approval of the DCR, the City Council and the Association. ARTICLE XIII TRAINING The City agrees to make a good faith effort to promote classroom and/or on-the-job training for the purpose of improving the performance of employees, aiding employees to equip themselves for advancement to higher positions and greater responsibilities, and improving the quality of service rendered to the public. Some of this training must, by its nature, be subject to available funds. Where the City requires any employee to attend training to improve job performance and/or training in specialized techniques the City will make every reasonable effort to - facilitate the employee attending such training during his normal working hours. In the event the City is unable to schedule the employee to attend such training during his normal working hours, the employee shall be required to attend such training during his off duty hours; provided, however, that the time spent by the employee in such training during his off duty hours shall be compensated in accordance with hours of work and overtime. IS C O PEA ARTICLE XIV SENIORITY The City agrees that seniority shall consist of continuous accumulated paid service with the City, except as provided below. Seniority shall be computed from the date of appointment. Seniority shall accumulate during leaves of absence due to injury, illness, vacation, or any other leave authorized and approved by the DCR. Vacation periods for each calendar year shall be drawn by employees using the basis of seniority as a prime factor with supervisory approval. In the event a reduction in force or the implementation of Article II becomes an economic necessity, the employer shall notify the Association of such necessity in writing together with an explanation of the reason for the reduction in force or the implementation of Article II. Such notification shall be prior to formal employer action relating to such reduction in force or the implementation of Article II. Economic necessity shall be defined as an urgent need to reorder the nature and magnitude of financial obligation in such a way as to restore or preserve the financial stability of the employer. 17 1 PEA If a reduction in force or the implementation of Article II becomes an economic necessity, normal attrition shall be used first, the following procedures shall be followed: A. The employer shall determine the areas and the positions within the Departments in which reductions will be made and the number of positions affected. The Association shall be notified of such determination. B. Seniority, and the ability to perform, within Departments, shall be the sole factor$ utilized in the following layoff and recall procedures. Seniority shall be defined as all continuous service with the City. C. The order of layoff of employees shall be based upon seniority with the employee having the longest seniority being the last to be laid off. When seniority is the same, the employee with the highest rank shall be retained. When seniority and rank are the same, a random selection list containing the names of employees shall be prepared to determine the order of layoff. In the event of a job displacement by a senior employee, the employee must accept a salary reduction to that appropriate to the new position. D. Employees to be laid off shall be notified in writing as soon as possible after the decision for layoff has been made. The employer shall give the 18 C O PEA laid off employees fourteen (14) calendar days notice of such layoff and shall provide references, etc, to assist the affected employees in obtaining employment elsewhere. In the event a recall of employees occurs, the following procedures shall be followed: A. The employer shall determine the areas and positions within its Departments in which recalls will be made and the number of positions affected. B. Employees shall be recalled in inverse order of layoff. The employee having the longest seniority will be recalled first. When seniority is the same, the employee with the highest rank shall be recalled first. When seniority and rank are the same, a random selection list containing the names of employees shall be prepared to determine the order of recall. C. Employees shall be notified of their recall to work by registered letter mailed to their address of record and shall be given fourteen (14) days to return to work. A recalled employee shall notify the employer, in writing, within five (5) calendar days upon receipt of the recall letter of the employee's intent to return to work. Seniority recall privileges for laid off personnel shall be effective for a period of six (6) months from the date of the layoff. 19 PEA Any employee who would have qualified for retirement or whose retirement would become vested within six (6) months from the date of layoff shall be permitted to work that period of time necessary to acquire needed service for retirement or the vesting of retirement. An employee laid off pursuant to this Article shall be given the opportunity to continue insurance coverages in existing programs for a period of ninety (90) days provided that the premiums for such insurance programs shall be paid by the employee on a monthly basis in advance of the month ,e5 due and further provided the insurance company agree. Recall will be at current rate of pay for the classification but not lower than when the employee was laid off. Upon recall, all credit for salary fringe benefits and seniority shall be restored. Seniority will be given reasonable consideration in the selection of any employee who will be sent to any type schooling. No 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. Implementation of this Article may be subject to arbitration. 20 C O PEA ARTICLE XV DISCIPLINARY ACTION/INVESTIGATION In the event an employee is discharged, suspended, or demoted, the City agrees that he shall be provided with written notification of the discharge, suspension or demotion. This notification shall be hand delivered to the employee no later than its effective date, or sent by registered mail to the address in the City Personnel Department records. Upon request, any employee may obtain a copy of any statement which he (personally) has given to the City or the 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 citizens complaint or allegation, the Department or City, whichever is appropriate, shall notify the employee of the disposition of the complaint upon the conclusion of the formal investigation. At the request of any employee under investigation he shall have the right to be represented by counsel or any other representative of his choice (at his/her own expense) who shall be present at all times during interrogation in which the employee is being questioned relative to alleged misconduct, that could result in disciplinary action. 21 %"1 O PEA The formal interrogation of any employee, including all recess periods, shall be recorded, and there shall be no unrecorded question or statement. During interrogations the employee shall not be subject to offensive language or threats of transfers, dismissal, or other disciplinary action. The interrogator does not have the right to make a promise of reward as an inducement to answering questions. During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations which are the subject of the investigation. 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 investigation has been completed. In the event the employee under investigation or any organization or person representing said employee makes public statements concerning the allegations under investigation, the City shall have the right to respond in any manner it deems appropriate. The findings of investigations shall be labeled . "Sustained" (guilty as charged) or "Not Sustained" (not guilty). No other terminology may be used. Only "Sustained" letters of complaint from citizens will be inserted in an employee's personnel record. 22 O O PEA The City shall not discharge or discipline any employee without just cause and due process. If, in any case, the City feels there is just cause for suspension or discharge, the employee and the PEA will be notified in writing that the employee has been suspended and may be subject to discharge, that formal written charges have been filed and a copy served upon the employee charged. All copies shall be served upon the employee by a supervisor or higher. The City agrees that no adverse action will be taken against any employee who exercises the rights provided for in this Article. In the cases where the City chooses to relieve an employee from duty pending an investigation or other administrative determination, the following conditions will prevail. I. The employee may be suspended without pay or benefits for a maximum of fifteen (15) working days. II. At the end of the suspension period the employee shall be either reinstated, terminated, or disciplined. If no disciplinary action is taken the employee will be reinstated with all pay and benefits restored, including the period of suspension. III. Should disciplinary action result from the investigation, that period of time in which the employee was relieved from duty will be included in disciplinary action. In the event that an 23 /1 O PEA employee has been paid, the employee accumulated leave or compensatory time shall be charged as a set-off. ARTICLE XVI BULLETIN BOARDS Where City bulletin boards are available, the City agrees to provide space on such bulletin boards for Association use. Where bulletin boards are not available, the City agrees to provide such boards. The City shall permit the Association to post notices of the Association's business and matters relating to the administration of this Agreement. 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 employee's regular scheduled work period, it shall be considered sufficient time for voting. 24 PEA ARTICLE XVIII LEGAL BENEFITS At the direction of the City Council, the City will undertake to defend employees against any legal actions taken against them as the result of their actions while acting in the scope of their employment, unless such employee acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property (i.e. in the line of duty) and may initiate any proper and appropriate countersuits within the limitations of State Law. Also at the direction of the City Council, the City agrees to indemnify, within the limitations of State Law (Chapter 768.28), all employees against judgments levied against them as a result of their actions while acting in the scope of their employment, based on the conditions set forth above. ARTICLE XIX RULES/REGULATIONS and JOB CLASSIFICATIONS There will be written job descriptions for all employee classifications covered by this Agreement. It is agreed that employees will not be required to perform duties outside their job classifications except as specified in such job descriptions. 25 C r 1 PEA Rules and regulations (Code of Conduct) approved by the City shall be a formal part of this Agreement and are attached hereto and made a part hereof. Any reference to rules and regulations (Code of Conduct), policy or law in this Agreement refers only to that material in effect on the date of execution of this Agreement. If any rule, regulation, standard operating procedure or policy is in conflict with this Agreement, the Agreement shall take precedence. Prior to implementing any change in rules, regulations, Code of Conduct, standard operating procedures or policies, the PEA shall be provided a ten (10) day notice and an opportunity to discuss the change. ARTICLE XX LEAVE OF ABSENCE A Department Head may grant, upon approval of the DCR, 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 (1) year may be granted only upon the written approval of the DCR subject to final approval of the City Council. Holidays, sick leaves, annual leaves, and any other benefit based on time spent in the employ of the City PER PEA shall not accrue (or be credited) during a leave of absence without pay; provided, however, the employee may maintain his life insurance and health insurance by paying both his and the City's share of any premiums due if approved by the DCR and acceptable to the insurance company for a period not to exceed ninety (90) days. 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 such leave of absence. Any employee covered hereunder may be given educational leave for the purpose of taking courses or attending conferences and/or seminars directly related to the employee's work as determined by the Department Head and approved by the DCR. 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 educational leave shall be determined by the Department Head and approved by the DCR. 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 terminates, 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 obtaining maternity leave and returning to work 27 PEA from maternity leave, the employee must present the City with a medical statement on her condition from a physician duly licensed to practice in the State of Florida. When returning to work the statement must also verify that the employee is able to return to work and perform the normal duties of the employee's position with full efficiency. The DCR, in his discretion, shall have the authority to extend the aforementioned ninety (90) day period as circumstances justify, subject to final approval of the City Council. 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 a 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. Disapproval may be subject to grievance procedure. ARTICLE XXI HOURS OF WORK AND OVERTIME The following provisions shall govern hours of work and overtime: A. Forty hours shall constitute a normal work week for an employee covered by this Agreement. 28 PEA Nothing herein shall guarantee any employee payment for a forty hour week unless the employee actually works forty hours or his actual hours worked and his authorized compensated leave total 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 (40) hour work week shall be compensated at the rate of time and one-half of the employee's regular straight time rate. Compensatory time will be computed at time and one-half and may be granted at the employee's option or as budget conditions dictate. Compensatory time must be taken within a 30 day period. C. If any employee covered by this Agreement is called out to work at a time outside his normal working hours, he shall receive a minimum of two hours pay at the rate of time and one-half his regular straight time rate. D. 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. E. Work schedules will not be changed or altered to avoid the payment of overtime. 29 i O Id PEA F. 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 Departments 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, except in emergencies, he shall receive one and one-half times the straight time hourly rate for the first eight (8) hours of the new shift. G. All employees will be entitled to a thirty (30) minute meal break and two (2) fifteen (15) minute rest breaks (morning and afternoon) during eight (8) hour shift. H. Any employee who, in the exercise of his official duties is ordered or required by the City to appear before any person or agency on his regular day off shall receive a minimum of three (3) hours pay at the rate of time and one-half his regular rate. I. If, in the discretion of the City Council and/or the DCR it is determined that civil emergency conditions exist, including riots, civil disorders, hurricane conditions or what is judged to be a public danger or emergency, the provisions of this Agreement may be suspended by the DCR during the time of declared emergency, provided, 30 C, O PEA however, that the wage rates and monetary fringe benefits shall not be suspended. However, the exercise of the above rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of this Agreement. ARTICLE XXII .,,....roc The City will recognize the following as paid holidays: New Years Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Memorial Day Christmas Day Employee's Birthday Two Personal Days 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. IHI O PEA B. If a holiday falls on an employee's on duty day, he shall be compensated at the rate of time and one-half (1 1/2) his regular rate of pay for all hours worked in addition to his holiday pay. C. if the holiday falls while an employee is on vacation he shall receive an additional day's vacation, or compensation in lieu thereof. ARTICLE XXIII 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 thirty (30) 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 thirty (30) days maximum. A. After accumulating the thirty (30) days 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 thirty (30) days maximum sick leave, the employee must restore .his accumulated sick leave to the maximum provided above, before this paragraph becomes applicable again. 32 PEA 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 employee's physical condition to return to work as required by the City. C. Upon termination of the employee for any reason, he is entitled to a lump sum payment for all sick leave earned and accrued. 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. Beneficiary to be designated by employee. Forms will be provided by the City. 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 12 work days 5 - 10 years 18 work days 11 years and over 24 work days A. That for the purpose of calculating accrued vacation time, the date of employment by the City 33 n PEA shall be the date the employee begins his employment and on each year's anniversary date thereafter said employee shall be deemed to have worked a 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 taken within any given anniversary period. The remaining portion of accrued vacation time may be carried into the following work year but must be taken within that anniversary period. Compensation may be received in an amount not to exceed one (1) week. C. Upon termination of employment, an employee will be paid for any unused portion of accrued vacation time which shall be pro -rated on a monthly basis from the last anniversary date. ARTICLE XXV The City agrees when a death occurs in the immediate family of an employee, that employee shall be granted up to three (3) days off if the funeral is to be held in Florida, and if the funeral is to be held outside the State of Florida, an additional two (2) days may be granted. 34 PEA A. Additional time may be granted by the Department Head and the DCR if they feel 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 grandchildren. If the employee was raised by someone other than one of the above names, 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 holidays or accumulated compensatory overtime. D. Disapproval may be subject to grievance procedure. E. The City has the right to request a verification of the death. ARTICLE XXVI UNIFORM, CLOTHING and EQUIPMENT Personal equipment (i.e. glasses, watches, etc.) proven damaged in the scope of employment shall be replaced or repaired at no cost to employee. The City agrees to have each serviceable city vehicle inspected by a qualified mechanic. 35 PEA The City shall be responsible for all types of safety equipment and safety practices. The City agrees that it shall conform to all standards required by the federal government and its regulatory agencies and shall implement the use of only such equipment that will promote the safety and welfare of all employees covered under this Agreement. All vehicles will contain proper safety equipment. ARTICLE XXVII INSURANCE The City agrees to furnish bargaining unit members a major medical, surgical, maternity, hospitalization and dental benefits group insurance plan. The City agrees to pay the entire amount of the premium for the bargaining unit member and fifty percent (50%) for their dependents. 1. The employer agrees to contribute to the Association's group insurance program the same amount that it contributes to its own group health, medical and life insurance plan, provided that in no event will the employer contribute more than the actual cost of the City program. 2. In the event a bargaining unit member elects to be covered by the Association's group insurance program, the member shall, on a form provided by the 36 PEA Association, indicate his selection of either the individual or family plan. Said form shall also indicate the monthly premium of the selected plan. Said form shall be submitted to the employer. 3. The employer shall, on a monthly basis, remit the combined total of the employee's share of the premium along with that defined in Section 1 above, to the Association's group insurance program within fifteen (15) days after deduction. 4. It is expressly understood that the employer's obligation under this Article is limited to only the payment of premiums as defined herein. ARTICLE XXVIII WORKERS 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 this 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 sustained 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 37 (�PEA determination made by the Industrial Relations Commission and/or the courts, pursuant to the provisions of Chapter 440, Florida State Statutes. B. The DCR, 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 return to work; provided, however, that the employee may select the physician so utilized from a list of three (3) physicians provided by the DCR. C. Paid disability leave shall not exceed ninety (90) working days from any one injury. I£, as a direct result of the continuation of the disability involved, the employee is unable to return to work at the end of the ninety (90) working day period, the employee may petition the DCR 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 Department Head, the physician designated pursuant to paragraph B above, and the Assistant Personnel Officer, which panel shall make a recommendation to the DCR as to the proper disposition of the employee's position. If the DCR decides not to permit the employee to continue in pay status beyond the ninety (90) working day period, the employee shall after EV O PEA utilizing his accrued annual sick leave, revert to normal Workers Compensation Benefits. D. As a condition precedent to obtaining paid disability leave, the employee must formally assign his Workers' Compensation weekly benefits to the City for the period of the disability leave or any extension thereof. At the request of the DCR, any employee covered hereunder shall submit to a physical and/or mental examination conducted by a physician designated pursuant to Section 12.1, Paragraph B, above. The sole purpose of such examination shall be to determine whether the employee has a physical and/or mental disability which impairs his effectiveness as an employee 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 DCR, in consultation with the Department Head 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 Department Head, the DCR, in his discretion, may permit the employee to continue with his normal duties, reassign the employee to other duties with the 39 C O PEA City Department, or temporarily remove the employee from City service. Should the employee be temporarily removed from City service during the period of the 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. B. If, in the opinion of the designated physician, the disability cannot be corrected, the DCR will attempt to place the employee in another City position which in the DCR's discretion, the employee can perform satisfactorily. Nothing herein shall require the DCR to create a position for the employee or place the employee in a position which, in the DCR's discretion, need not be filled. If the DCR determines that the employee cannot be successfully placed in another position, or if the DCR, in consultation with the Department 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 via the Pension Board. The City agrees that any employee suffering an on-the-job injury as determined pursuant to Chapter 440, Florida Statutes, and the procedures set forth herein, shall have the right to choose the physician for treatment and care. 40 OO PEA ARTICLE XXIX PHYSICAL EXAMINATION All applicants considered for employment in the City shall undergo a physical examination by a physician duly licensed to practice in the State of Florida. This physical examination should be taken prior to reporting for the first day of work. Results of the physical examination shall become a part of the employee's personnel records. The cost of the physical examination shall be paid by the City. If the employee does not satisfactorily complete the probation period the cost of the physical will be deducted from the last pay check. Anytime during the course of employment, the DCR 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 pay the cost 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 (8) 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. 41 CO PEA ARTICLE XXX MILEAGE ALLOWANCE Employees directed and authorized to use their private automobile, for personal conveyance only, shall be reimbursed in accordance with the mileage allowance permitted by the State of Florida. ARTICLE XXXI J ?l EDUCATION Where the best interest of the Public Employer is served by schooling, seminars or classes, the Department Head may recommend to the DCR that the City bear the entire cost of text books and tuition required. Final approval must be granted by the DCR. The cost is to be approved prior to attending courses. Should an employee drop out of the course without approval of the Supervisor, he shall reimburse the City for all monies paid out via payroll deduction. Disapproval may be subject to grievance procedure. 42 PEA ARTICLE XXXII SEVERABILITY CLAUSE Should any provision of this collective bargaining agreement or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted • State or Federal legislation or by a 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 thirty (30) days of the date when the contract provision was determined to be invalid, in order to negotiate a replacement provision. ARTICLE XXXIII 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 ordinance of the City of Edgewater, or the personnel rules and regulations of Edgewater. 43 PEA ARTICLE XXXIV PENSION PLAN The City agrees to continue the present pension plan with all contributions to it paid by the City. The City agrees to having two (2) employee members of the Association, selected by Association members, appointed by the City Council to the General Employee's Pension Board for a period of one (1) year. ARTICLE XXXV MERIT SYSTEM Recognizing that there is presently in effect a City Merit Ordinance and Personnel Guide covering working conditions, benefits, and Code of Conduct applicable to employees covered hereunder, the parties agree that except as modified by terms of this Agreement, the provisions of the documents shall remain in full force and effect as to the employees covered hereunder. A. Each employee will be provided a copy of the Merit Ordinance, the Personnel Guide and the Code of Conduct in addition to a copy of this labor Agreement. B. Every employee will be given a yearly evaluation on or about his anniversary date, in addition to completing a self -evaluation, on or about his mid -anniversary date. 44 O O PEA ARTICLE XXXVI WAGES The City agrees to implement on October 1, 1983, a cost of living increase of ten cents ($.10) per hour for all employees. The City agrees to implement on April 1, 1984, a cost of living increase of ten cents ($.10) per hour for all employees. The City agrees to maintain the existing pay plan. 45 PEA 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 execution of this Agreement. Upon formal adoption by the City Council and execution of the parties, this Agreement shall become effective October 1, 1983, and shall remain in full force and effect until September 30, 1984. VOLUSIA COUNTY PUBLIC CITY OF EDGEWATER, FLORIDA EMPLOYEES ASSOCIATION By: 46 a1 o LABOR AGREEMENT i1�14:�I�F�i�l CITY OF EDGEWATER, FLORIDA 0011 WL VOLUSIA COUNTY POLICE BENEVOLENT ASSOCIATION r 4 PBA INDEX ARTICLE TITLE PAGE Agreement 1 I Recognition 1 II Non -Discrimination 1 III Management Rights 2 IV Physical Examination 3 V Work Stoppages 4 VI Personnel Records 5 VII Hours of Work and Overtime 6 Amendment to Article VII B VIII Mileage Allowance 10 IX Discipline and Discharge 10 X Insurance 11 XI Leave of Absence 12 XII Workmen's Compensation Benefits 14 XIII Sick Leave 18 XIV Vacation 20 XV Holidays 21 XVI Bereavement Leave 23 XVII Voting 24 XVIII Seniority 24 XIX Promotions 26 XX Bulletin Board 27 ✓ XXI Dues Deduction 27 XXII Association Representatives 28 XXIII Employee -Management Committee 29 XXIV Individual Rights 30 r CI V PBA ARTICLE TITLE PAGE XXV Internal Investigations and Obligations to the Public 31 XXVI Grievance and Arbitration Procedure 34 XXVII Severability Clause 39 XXVIII Merit System 39 XXIX Pension Plan 40 XXX Savings Clause 40 XXXI Equipment 41 XXXII Uniforms and Equipment 43 XXXIII Education 44 XXXIV Training 45 XXXV Compensation 46 XXVVI - Signatures and Attest 47 ' T C O PBA AGREEMENT This Agreement is entered into by the City of Edgewater, Florida, hereinafter referred to as the "CITY" and the Volusia County Police Benevolent Association, hereinafter referred to as the "P.B.A." or the "ASSOCIATION." The term "Designated City Representative" hereinafter shall be referred to as the "DCR." 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. 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. f O 1 O PBA ARTICLE III 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, consolidate, 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 regulations; introduce new or improved services, maintenance procedures, 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. 2 CPBA 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 prerequisite to employment by the City and the cost shall be borne by the applicant 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 (8) 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. 3 C O PBA 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 aforesaid 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 committed by the Association's officers, agents and/or representatives, 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 4 Ci O PBA shall have the right to unilaterally and without further notice terminate this Collective Bargaining Agreement and withdraw recognition from the Association. 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 result of supervisory action or citizen's complaint. At the employee'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. 5 O O PBA 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 work week for an employee covered by this Agreement. Nothing herein shall guarantee any employee payment for a forty hour work week 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 employee's 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 receive a minimum of three (3) 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 C O PBA Article shall apply to required off duty appearances as a subpoenaed witness in the Federal, Circuit, or County Courts on pending criminal, civil, or traffic cases where the employee is involved as a witness (in his official capacity), 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 volunteer shall be given first opportunity for available overtime. Failing to fill the overtime requirement from the overtime list an assignment for overtime can be made, overtime in any division, insofar as possible, will be worked by members of the same division, i.e.: 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 continuous shifts. If an employee is not 7 r O • O PBA 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. J. Department meetings will be held on officers duty time, for the purpose of conveying policy changes and operating 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 dispatchers, unless all other possibilities have been exhausted. L. Each shift will have no less than the following personnel on duty at all times: One (1) dispatcher, two (2) full time uniformed patrolmen. AMENDMENT TO ARTICLE VII Twelve (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: OO PBA A. This Platoon System 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 participate in the Platoon System. All other classifications recognized by this Agreement shall be governed by the articles of the original contract. All positions participating in the Platoon System will work twelve (12) hour 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 a weekly basis and participants will receive their normal forty hours pay at the end of each pay period. 9 OO PEA The participants will work 168 hours in a 28 day cycle. all hours worked,in excess of the established work period in the 28 day cycle shall be compensated at the rate of time and one-half the employee's regular straight time rate. E. Sick leave shall be accrued under the provisions of Article XIII of the contract. F. Vacation or annual leave shall be computed in accordance with Article XIV of the contract. G. Detectives shall be scheduled for duty based on forty hours per week. ARTICLE VIII Employees directed and authorized to use their private automobile, for personal conveyance only, shall be reimbursed in accordance with the mileage allowance permitted by the State of Florida. 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 10 CPBA 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. In the event that an officer or employee is charged with conduct which might affect job performance or endanger the public good, such officer or employee may, by approval of the DCR, be suspended, pending the outcome of the charges. ARTICLE X W&MOMEWD 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 premiums for the bargaining unit members (100%) and at least 50% of the premiums for their dependents. 11 O O PBA 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, currently being paid by the City. If the above change does occur, the City is to be notified sixty (60) days in advance of the change. ARTICLE XI LEAVE OF ABSENCE The Chief of Police and the DCR 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 absence 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 DCR, subject to final 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; provided, however, the employee may maintain his life insurance and health insurance by paying both his and the City's share of any premiums due, for a period not 12 O O PBA to exceed ninety (90) days. 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 conferences and/or seminars directly related to the employee's work as determined and approved by the Chief of Police and the DCR. 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 educational leave shall be determined by the Chief of Police and the DCR. 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 and the DCR with a medical statement from a physician duly licensed to practice in the State of Florida, that the employee is able to 13 PBA perform the normal duties of the employee's position with full efficiency. The Chief of Police and the DCR in their discretion, shall have the authority to extend the aforementioned 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. Disapproval may be subject to the grievance procedure. ARTICLE XII WORKER'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 sustained 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 14 C 3 PBA Industrial Relations Commission and/or the courts, pursuant to the provisions of Chapter 440 Florida State Statutes. B. The DCR, 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 DCR. 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, 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) working day period. Upon receipt of such petition, the City shall convene a panel comprised of the Chief of Police, the physician designated pursuant to paragraph B above, and the Assistant Personnel Director, which panel shall make a recommendation to the DCR as to the. proper disposition of the employee's position. If the DCR 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. 15 C O PBA 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 DCR may direct any employee covered hereunder to submit to a physical and/or mental examination conducted by a physician designated pursuant to Section 12.1 paragraph B above. The sole purpose of such 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 on his job as a danger to himself, the public, or other department employees. In the event the DCR, 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 determines 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 DCR, in his discretion, may permit the employee to continue with his normal duties, 16 C O PBA 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. B. If, in the opinion of the designated physician, the disability cannot be corrected, the DCR in consultation with the Chief of Police, will attempt to place the employee in another City position which, in the DCR's discretion, the employee can perform satisfactorily. Nothing herein shall require the DCR to create a position which, in the DCR's discretion, need not be filled. If the DCR determines that the employee cannot successfully be placed in another position, or if the DCR, in consultation with the Department 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 procedures set forth herein, shall have the right to choose 17 O1 1 O PBA the physician for treatment and care. The final decision of the DCR may be subject to the grievance procedure. 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 maximum sick leave period herein, the employee will receive one (1) 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 (40) days maximum sick leave the employee must restore his accumulated sick leave to the maximum provided above, before this paragraph becomes applicable again. W] O O PBA B. On applying the above sick leave article, the employee, after three (3) days and upon the fourth day of illness, must, if requested by the Supervisor, have a suitable statement as to the employee's physical condition to return to work as required by the City. C. Upon termination of the employee for any reason, except dismissal, he is entitled to a lump sum payment for all sick leave earned and accrued. 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. Beneficiary to be designated by employee. Forms will be provided by the City. D. For those employees participating in the Platoon System a day will be considered to be twelve (12) hours. E. Sick time accrued at an eight (8) hour day will be converted to twelve (12) hours. F. Those employees who have reached the maximum 320 hours of sick time will have the following two options: 1. Accrue up to 480 hours sick time at twelve (12) hours per month and not receive a check until the 480 hours is reached. 2. Receive a check for eight (8) hours each month and accrue four (4) hours into sick time until a maximum of 480 hours is reached, 19 11 PBA at which time twelve (12) hours will be paid each month to the employee. This section "F" only applies to the employees currently at the maximum amount of sick time hours. All others will accrue twelve (12) hours per month toward the 480 hours maximum. ARTICLE XIV 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 12 work days 5-10 years 18 work days 11 years and over 24 work days A. That for the purpose of calculating accrued vacation time, the date of employment by the City shall be the date that the employee begins his employment and on each year's anniversary date thereafter said employee shall be deemed to have worked a 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 taken within any given anniversary period. Any remaining portion of the accrued vacation time 20 G1 O PBA may be carried into the following work year but must be used in that anniversary period or compensation may be received in an amount not to exceed one (1) work week. C. The taking of any vacation time accrued which is in excess of the vacation time allotted for one anniversary period must be approved by the DCR. Disapproval may be subject to the grievance procedure. D. Upon termination of employment, an employee shall be paid for any unused portion of accrued vacation time which shall be pro -rated on a monthly basis from the last anniversary date. E. For those employees participating in the Platoon System, a day will be considered to be twelve (12) hours. F. Vacation time accrued at an eight (8) hour day will be converted to twelve hours. ARTICLE XV HOLIDAYS The City will recognize the following as paid holidays: New Years Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day 21 C PBA Memorial Day Christmas Day Employee's Birthday Two Personal Days 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 compensation in lieu thereof. C. In order to be 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 proper notification to the Chief of Police, and the employee shall be allowed a day off with pay upon approval of the DCR. The day taken off in lieu of the holiday pay must be taken within thirty (30) calendar days. Disapproval may be subject to grievance procedure. E. The holiday to be recognized is the specific holiday mentioned above and not any other designated day. F. An employee participating in the Platoon System will receive twelve (12) hours holiday pay. 22 O 1 PBA 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 (3) days off if the funeral is to be held in Florida, and if the funeral is to be held outside the State of Florida, an additional two (2) days may be granted. A. Additional time may be granted by the Chief of Police, with approval by the DCR, 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 grandchildren. 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 accumulated compensatory overtime. D. Disapproval may be subject to grievance procedure. E. The City has the right to request a verification of the death. 23 O O PBA 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 employee's regular scheduled work period, it shall be considered sufficient time for voting. 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 24 OO PEA seniority in their classifications. Employees to be affected 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 affected employee 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 employee 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 qualified 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 notifying a laid off employee 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 fourteen (14) working days of the recall notification. C. Any employee who has been laid off from employment with the City for a period of twelve (12) months and is rehired, shall accumulate seniority as a new employee. D. In the event of a vacancy in any division or unit 25 O O PBA 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. No 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. ARTICLE XIX PROMOTIONS Whenever a budgeted promotional vacancy exists in a Sergeant or a Lieutenant classification, the City shall promote an employee to fill such vacancy within thirty (30) days, from an existing eligibility list, if a valid eligibility 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 the Chief of Police. The budgeted vacancy shall be filled from the new eligibility list. 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 examinations are drawn and the location of the sources. 26 WO C. The City agrees that upon execution of this Agreement the promotional probationary period shall be of three (3) months duration and cannot be extended except when the probational employee is incapacitated because of illness or injury. 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 Association's recreational 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. 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-rata 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 have no responsibility or any liability for the improper deduction 27 O O PEA system. The Association shall notify the City in writing thirty (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 thirty (30) days written notice to the City and the Association, have the City cease deducting dues from his wages. ARTICLE XXII ASSOCIATION REPRESENTATIVES The Association shall be represented by its President or his designee. It shall be the responsibility of the Association to notify the DCR 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 committee 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 succeed this Agreement. B. The authorized Association representative, if he is an employee, or one other City employee member of the Association, if the representative is not 28 CO PBA an employee of the City, shall be permitted reasonable access after proper notice to the DCR, 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 their 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 including name, rank, address, telephone number, social security number and current pay rate. ARTICLE XXIII EMPLOYEE -MANAGEMENT COMMITTEE There shall be an employee -management committee consisting of the following Association and management representatives: Two employees of the City who are members of the Association. Two representatives designated by the City Council. A. The employee -management committee shall meet twice a year on dates mutually agreed upon by the participants. The sole function of the committee 29 O O PBA shall be to discuss general matters pertaining to employee relations and departmental operations. The committee shall not engage in collective bargaining or resolution of grievances. The employee Association members attending committee meetings during their off -duty hours shall not be compensated 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. ARTICLE XXIV INDIVIDUAL RIGHTS Nothing contained in this collective bargaining Agreement shall foreclose any employee covered by this Agreement from pursuing 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 departmental officials without the intervention of the Association; provided that the immediate supervisor or other departmental official agrees to discuss and/or to attempt to resolve the matter 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. 30 C O PBA 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 contacts 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 Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of Departmental Supervisory officials whose primary concern must be the security of the City and the preservation of public interest. In order to maintain the security of the City and protect the interests of 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, preferably at a time when the employee is on duty, unless the seriousness of the 31 C O PBA 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. 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 Department. E. At the request of any employee under investigation, he shall have the right to be represented by counsel 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 fitness for law enforcement services. F. The formal interrogation of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. 32 C • O PBA 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 interrogation. H. No employee shall be ordered to submit to any device 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 allegations 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 33 O O PEA investigation, or any organization or person representing said employee make public statements concerning 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 statement 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. ARTICLE XXVI GRIEVANCE AND ARBITRATION PROCEDURE In a mutual effort to provide a harmonious working relationship 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 interpretation 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. 34 OO PBA 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 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 completed 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. 35 O O PBA Step 3: Any grievance which cannot be satisfactorily settled with the Chief of Police in Step 2 shall, within five (5) days after completion of Step 2, be discussed with the DCR, 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 resolved at Step 3 above, either party may request that the grievance be submitted to arbitration within fifteen (15) days after the DCR renders a 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 who shall be the arbitrator. 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 confine his decision 36 OO PBA 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 statement 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 supplement 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 mutually acknowledged and agreed that this Collective Bargaining Agreement shall be administered within the amounts appropriated by 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 37 O 1 O PBA or regulation or provision of this Collective Bargaining Agreement to result in, obligate, or cause the City to have to bear any expense, debt, cost, or liability which would result directly or indirectly in the City exceeding the amounts initially appropriated and approved by the City Council for the funding of this Collective Bargaining Agreement as agreed upon by the parties. Any such award which contravenes or is not in compliance with the provisions of this paragraph shall be null and void. Step 7: Each party shall bear the expense of its own witness and of its own representatives for the purpose of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses in obtaining a hearing room, if any, shall be divided equally between the parties. Any party desiring a transcript must pay the cost unless both parties mutually agree to share the cost. Step 8: The Arbitrator's award shall be final and binding on the parties. 38 OO PBA ARTICLE XXVII SEVERABILITY CLAUSE Should any provision of this Collective Bargaining Agreement or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation or by a 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 thirty (30) days of the date when the contract provision was determined to be invalid, in order to negotiate a replacement provision. ARTICLE XXVIII MERIT SYSTEM Recognizing that there is presently in effect a City Merit Ordinance - Personnel Guide covering working conditions, benefits, and rules and regulations applicable to the employees covered hereunder, the parties agree that except as modified by terms of this Agreement, the provisions of the City Merit Ordinance - Personnel Guide shall remain in full force and effect as to the employees covered hereunder. A. Each employee will be provided with a copy of the Merit Ordinance - Personnel Guide and copies of all rules and regulations in addition to a copy of this Labor Agreement. 39 MI B. Every employee will be given a yearly evaluation on or about his anniversary date, in addition to completing a self evaluation, on or about his mid -anniversary date. ARTICLE XXIX PENSION PLAN The City agrees to continue the present pension plan with all contributions to it paid by the City. Two members of the Association selected annually by Association members shall be appointed by City Council to the Police Pension Board. ARTICLE XXX 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. 40 O O PBA ARTICLE XXXI 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 Micor 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. Auxiliary electric outlets for use of equipment such as radar, etc. 5. Marked units will be equipped with overhead mounted revolving light units allowing adequate illumination so as to be seen and recognized as a police vehicle. 6. Unmarked units will be equipped 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 50' length of rope no less than 1/2 inch diameter. 11. One blanket. 41 C O PBA 12. First aid kit (trauma type). 13. A suitable storage container for all loose or unsecured equipment. 14. Gloves (orange). 15. Light baton (traffic, orange). 16. Each police vehicle will be equipped with a shot- gun and an electrical shotgun lock mounted in the front passenger section of the vehicle. 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 Statutes at all time, in respect to safety requirements, tires, brakes, lighting equipment, etc. B. The City agrees to arrange to have each vehicle which is assigned and used by the Police Department to be inspected by a qualified mechanic. C. The cleaning of 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. 42 1 o - o PBA ARTICLE XXXII UNIFORMS AND EQUIPMENT The City agrees to provide the following clothing to the bargaining unit members upon employment: A. Uniform trousers .................. 3 pairs 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 I. Full rain gear* ................... 1 J. Bullet proof vest (body armor)*... 1 *not required for dispatchers The City further agrees to replace/repair said clothing and equipment 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 thirty (30) days of approval. 43 O ('1 PBA 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 return all 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 -issue clothing in the course of their employment shall receive a clothing allowance of $350.00/ per year to be paid on October 1 of each year. 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. 44 O ' • - O PBA 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 and the DCR. Disapproval may be subject to grievance procedure. ARTICLE XXXIV All sworn officers will be required to train and qualify with their service revolver on a semi-annual basis. The training will be conducted by a certified firearms instructor. All ammunition used for this purpose will be furnished by the City. Any employee required to attend such training during his off duty hours shall be compensated in accordance with Article VII, Hours of Work and Overtime. The City agrees to make every effort to promote classroom type and/or on-the-job training for the purpose of improving the performance of employees, aiding employees to equip them for advancement to higher positions and greater responsibilities, and improving the quality of service rendered to the public. Where the City requires any employee to attend supervisory training and/or training in specialized police techniques, the City will make every reasonable effort to facilitate the employee attending such training during his normal working hours. In the event the City is unable to 45 PBA schedule the employee to attend such training during his normal working hours, the employee shall be required to attend such training during his off duty hours; provided, however, that the time spent by the employee in such training during his off duty hours shall be compensated in accordance with Article VII, Hours of Work and Overtime. Employees promoted to the next highest rank will receive appropriate training during the probationary period. The training must be for at least a total of forty (40) hours during the probationary period. ARTICLE XXXV The City will maintain the existing pay plan. The City agrees to implement on October 1, 1983 a cost of living increase of ten cents ($.10) per hour for all employees. The City agrees to implement on April 1, 1984, a cost of living increase of ten cents ($.10) per hour for all employees. 46 CO PBA ARTICLE XXXVI 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, 1983, and shall remain in full force and effect until September 30, 1984. Volusia County Police Benevolent Association By: City of Edgewater, Florida DVA a LABOR AGREEMENT BETWEEN CITY OF EDGEWATER, FLORIDA AND THE VOLUSIA COUNTY PUBLIC EMPLOYEES ASSOCIATION (SUPERVISORS) � R SPEA INDEX ARTICLE TITLE PAGE Preamble 1 I Recognition 1 II Management Rights 2 I I-1 i' Employee Rights 3 IV Strikes and Lockouts 4 V Grievance and Arbitration Procedure 4 VI Dues Deduction 9 VII Employee -Management Committee 10 VIII Probationary Personnel 10 IX Association Representatives 11 X Personnel Records 12 XI Temporary Assigment to a Higher Classification 13 XII Promotions 14 XIII Training 16 XIV Seniority 16 XV Disciplinary Action/Investigation 21 XVI Bulletin Boards 24 XVII Voting 24 XVIII Legal Benefits 25 XIX Code of Conduct and Job Classification 26 XX Leave of Absence 27 XXI Hours of Work and Overtime 29 XXII Holidays 32 OSPEA ARTICLE TITLE PAGE XXVII Sick Leave 33 XXIV Vacation 34 XXV Bereavement Leave 35 XXVI Uniform, Clothing and Equipment 36 XXVII Insurance 37 XXVIII Workers' Compensation Benefits 39 XXIX Physical Examination 42 XXX Mileage Allowance 43 XXXI Education 43 XXXII Severability Clause 44 XXXIII Savings Clause 44 XXXIV Pension Plan 45 XXXV Merit System 45 XXXVI Wages 46 Signatures and Attest 46 OO SPEA PREAMBLE This Agreement is entered into by the City of Edgewater, hereinafter referred to as the "City" and the Volusia County Public Employees Association, Inc., hereinafter referred to as the "PEA" for the purpose of promoting harmonious relations between the City and the PEA, to establish an orderly and peaceful procedure, to settle differences which might arise and to set forth the basic and full Agreement between the parties concerning rates of pay, hours of work, and other conditions of employment as provided by law. The term "Designated City Representative" hereinafter shall be referred to as the "DCR". ARTICLE I RECOGNITION The City hereby recognizes the PEA as the exclusive bargaining representative for all matters affecting wages, hours, and working conditions for those employees in the unit certified by the Public Employees Relations Commission in its certification No. 585. 1 SPEA ARTICLE II The Association and the bargaining unit employee recognize that the City has the exclusive right to manage and direct the departments 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 XXI, Hours of Work and Overtime; maintain the efficiency of employees by communication through supervisory personnel; merge, consolidate, subcontract, expand or close the departments or any part thereof, schedule and assign. work to the employees and determine the size and composition of the work force; formulate and implement department rules and regulations; introduce new or improved services, maintenance procedures, materials, facilities and equipment. If the City fails to exercise any one or more of the aforementioned 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. YJ A I C O SPEA ARTICLE III EMPLOYEE RIGHTS The City agrees not to interfere with the right of any eligible employee to become a member of the Employee Organization, withdraw from membership from the Employee Organization, or refrain from becoming a member of the Employee Organization. There shall be no discrimination against any employee by reason of race, creed, color, age, national origin, sex, or Employee Organization membership or activity, or lack of Employee Organization membership or activity. References to the use of the word He in this Agreement is for brevity only and shall be interpreted to mean He or She. Nothing contained in this Agreement shall foreclose any employee covered by this Agreement from pursuing any right or remedy, not including arbitration available under this Agreement, without representation of the Employee Organization. Further, nothing contained in this Agreement shall foreclose any employee from discussing a non -contract problem directly with his immediate supervisor or other departmental official without the intervention of the Association, provided that the immediate supervisor or other departmental official agrees to discuss and/or attempt to resolve the matter outside the formal grievance procedure. In matters involving a formal grievance, the Association shall be given the opportunity to be present at 3 Y � O O SPEA any meeting called for the resolution of such grievance except as noted in Article V. STRIKES AND LOCKOUTS There will be no strikes, work stoppages, slowdowns, boycotts, or concerted failure or refusal to perform assigned work by the employees. There will be no lockouts by the City for the duration of the Agreement. The Association supports the City fully in maintaining normal operations. Any employee who participates in or promotes a strike, work stoppage, slowdown, boycott, or concerted failure or refusal to perform assigned work may be disciplined or discharged by the City and only the question of whether he did in fact participate in or promote such action shall be subject to grievance and arbitration procedure. ARTICLE V GRIEVANCE AND ARBITRATION PROCEDURE In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there shall be a procedure for 4 SPEA the resolution of grievances between the parties and that such procedure shall cover grievances involving the application or interpretation of this Agreement. 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. Grievances shall be presented in the following manner: Step 1: The employee shall first take up his grievance with the Department Head and/or Assistant Personnel Officer within five (5) working days of the occurrence of the event(s) which gave rise to the grievance or from the date on which the employee becomes knowledgeable of the cause of action. If the employee was on annual leave, sick leave, or other compensated leave, the five (5) working day period shall commence running immediately upon the employee's return from such compensated leave. This first step between the employee and the Department Head and/or Assistant Personnel Officer shall be on an informal and oral basis, and shall not involve the Association or any other representative of the employee, unless requested by the employee. Step 2: Any grievance which cannot be satisfactorily settled with the Assistant Personnel Officer shall be 5 O O SPEA reduced to writing by the employee and shall next be taken up with the DCR. Such grievance shall be presented to the DCR in writing, within five (5) days of completion of Step 1, either through a representative of the Employee Organization and the employee, or by the employee himself at the employee's option. The grievance as specified in writing shall be discussed by and between the employee and/or the representative of the Employee Organization and the DCR within five (5) days after being presented to the DCR. The DCR shall within seven (7) days after this discussion (or such longer period of times as is mutually agreed upon in writing) render his decision in writing, with a copy to the Employee Organization. Step 3: Arbitration. In the event a grievance processed through the grievance procedure has not been resolved at Step 2 above, the Association may request that the grievance be submitted to arbitration within fifteen (15) days after the DCR renders a written decision on the grievance. The arbitrator may be any impartial person mutually agreed upon by and between the parties. If an impartial arbitrator cannot be agreed upon within ten (10) 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 within five (5) days of receipt of striking three (3) names in alternating fashion, thus leaving the seventh (7), which will give a N OSPEA neutral or impartial arbitrator. The City and the Employee Organization shall attempt to mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing and the arbitrator thereafter shall confine 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 statement of the grievance presented in Step 2 of the grievance procedure. The arbitrator shall fashion an appropriate remedy for violations of the provisions contained in this Agreement. The Arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment hereto. 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 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 herein provided. The arbitration hearing shall be conducted in accordance with the Rules of Procedure promulgated by the Federal Mediation and Conciliation Service. Each party shall bear the expense of its own witnesses and of its own representatives for purpose of the u SPEA arbitration hearing. The impartial arbitrator's fees and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. Copies of the arbitrator's award shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the parties. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee, or the grievance is directly between the Employee Organization and the City, such grievance shall be presented by the Association's representative, in writing, directly to the DCR, Step 2, within ten (10) days of the occurrence of the event(s). Consistent with the provisions of the Florida Public Employees Relation Act, Chapter 447, Florida Statutes, unless amended, it is mutually acknowledged and agreed that this Agreement shall be administered within the amounts agreed to by the City Council for funding of this Agreement. Accordingly, and notwithstanding any other provisions of this Agreement, the arbitrator shall have no authority, power or jurisdiction to construe any provision of the law, statute, ordinance, resolution, rule, or regulation or provision of this Agreement to result in, obligate or cause 8 C O SPEA the City to have to bear any expense, debt, or cost of liability which would result, directly or indirectly, in the City exceeding the amounts initially agreed to by the City Council for the funding of this Agreement as agreed upon by the parties. Any such award which contravenes or is not in compliance with the provisions of this paragraph shall be null and void. ARTICLE VI DUES DEDUCTION Upon receipt by the City of a properly executed written authorization card or form from an employee, the City agrees to deduct 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 Association shall notify the City in writing thirty (30) days prior to any change in regular Association dues. Any employee may, upon thirty (30) days written notice to the City and the Association, have the City cease deducting dues from his wages. 9 C O SPEA ARTICLE VII EMPLOYEE -MANAGEMENT COMMITTEE There shall be an employee -management committee consisting of the following Association and Management representatives: 1. Two supervisory employees of the City who are members of the Association. 2. Two representatives designated by the City Council. The employee -management committee shall meet at least 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 engage in collective bargaining or resolution of grievances. The Employee Association members attending committee meetings during their off -duty hours shall not be compensated 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. ARTICLE VIII PROBATIONARY PERSONNEL Upon promotion to a supervisory position, an employee shall serve a probationary period of three (3) months, 10 ^ O SPEA during which time he shall be entitled to all seniority or tenure rights and all terms and conditions of this Agreement. Upon completion of said probationary period, employees shall be known as permanent supervisors with all rights and tenure. The probationary period cannot be extended for any reason and the performance evaluation, after completion of ninety (90) days probationary period shall determine whether or not an employee shall achieve permanent status. ARTICLE IX ASSOCIATION REPRESENTATIVES The Association shall be represented by its President, or his designee. It shall be the responsibility of the Association to notify the City, in writing, of any change in the designation of the President, or his designee. A. Two members, of the Association's negotiating committee shall be permitted to attend, without loss of pay, if they are supervisors of the City, all negotiation meetings. B. The authorized Association representative and a Supervisor member of the Association shall be permitted reasonable access for reasonable periods of time to department work locations to handle 11 SPEA specific grievances and matters of interpretation of this Agreement. The exercise of such access rights shall not interfere with their duties, if they are Supervisors, or the duties of other employees. C. The City will provide the Association on an annual basis a complete roster of the bargaining unit including name, job classification, address, telephone number, social security number and current pay rate. D. Members of the Association, if they are employees of the City, shall request permission of their immediate Supervisor to leave duty for the above purposes. That Supervisor shall notify the DCR prior to an employee leaving duty for the above purposes. ARTICLE X 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, under the supervision of the records custodian, and at the location where the official personnel 12 SPEA 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 result of supervisory action or citizens' complaint. At the employee'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 the employees, the City will require a written request from anyone but the employee and/or supervisor be filed prior to review of an employee's personnel record. The City will notify the employee when such a request has been filed. ARTICLE XI TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION In the event that the DCR determines that there is a need to temporarily fill a regularly budgeted vacant supervisory position with an employee from a lower 13 C O SPEA classification, and there exists no current eligibility list relative to the budgeted position, the Department Head, with approval of the DCR may select an employee from a lower classification to temporarily fill such budgeted position. If the employee selected for the temporary position is not selected to the permanent position, this employee shall be returned to his/her previous classification and pay rate. An employee who is temporarily assigned to a position of higher rank for five (5) days or more, shall be entitled to the salary pertaining to that position from the first day of assignment. Any temporary assignment shall be carried through via personnel action forms and be subject to the approval of the DCR except for emergencies, in which case the DCR shall be notified and shall approve or disapprove in advance. Disapproval may be subject to grievance procedure. Temporary assignments shall not include requests from supervisors for temporary standby assistance or assistance due to additional workload during vacation periods. ARTICLE XII PROMOTIONS Whenever a budgeted promotional vacancy exists in a classification, the DCR may promote an employee to fill such vacancy within thirty (30) days from an existing eligibility 14 C O SPEA list, if a valid eligibility list is in existence (per Article II). Should there exist no valid eligibility list at the time a budgeted promotional vacancy occurs, the DCR may establish a new eligibility list within sixty (60) days. Upon certification of the new eligibility list, the budgeted promotional vacancy shall be filled. The promotional probationary period shall be of three (3) months duration and cannot be extended. The City shall announce promotional examinations* at least thirty (30) days in advance of said examination. The City will list the areas which the examination will cover and the sources from which the examination are drawn, and the location of the sources. The City agrees to discuss with the PEA at the next scheduled Employee Management Committee meeting its present policy on promotions. The City and the PEA agree to update and improve the promotion policy where needed and to make the policy a part of this Agreement. *The City of Edgewater has no promotional examinations for positions. 15 C1 O SPEA ARTICLE XIII TRAINING The City agrees to make a good faith effort to promote classroom type and/or on-the-job training for the purpose of improving the performance of its supervisors in order to instruct them in supervisory techniques and to improve quality of service rendered to the public. Where the City requires any employee to attend supervisory training and/or training in specialized techniques, the City will make every reasonable effort to facilitate the employee attending such training during his normal working hours. In the event the City is unable to schedule the employee to attend such training during his normal working hours, the employee shall be required to attend such training during his off -duty hours; provided, however, that the time spent by the employee in such training during his off -duty hours shall be compensated in accordance with hours of work and overtime. ARTICLE XIV SENIORITY The City agrees that seniority shall consist of continuous accumulated paid service with the City, except as provided below. 16 O O SPEA Seniority shall be computed from the date of employment. Seniority shall accumulate during leaves of absence due to injury, illness, vacation, or any other leave authorized and approved by the DCR. Vacation periods for each calendar year shall be drawn by employees using the basis of seniority as a prime factor with supervisory approval. In the event a reduction in force or the implementation of Article II becomes an economic necessity, the employer shall notify the Association of such necessity in writing together with an explanation of the reason for the reduction in force or the implementation of Article II. Such notification shall be prior to formal employer action relating to such reduction in force or the implementation of Article II. Economic necessity shall be defined as an urgent need to reorder the nature and magnitude of financial obligation in such a way as to restore or preserve the financial stability of the employer. If a reduction in force or the implementation of Article II becomes an economic necessity, normal attrition shall be used first, the following procedures shall be followed: A. The employer shall determine the areas and the positions within the Departments in which reductions will be made and the number of positions affected. Supervisors will be laid off 17 O O SPEA only after all the employees under their supervision have been laid off. The Association shall be notified of such determination. B. Seniority and the ability to perform within departments shall be the sole factor utilized in in the following layoff and recall procedures. Seniority shall be defined as all continuous service within the City. C. The order of layoff of employees shall be based upon seniority with the employee having the longest seniority being the last to be laid off. When seniority is the same, the employee with the highest rank shall be retained. When seniority and rank are the same, a random selection list containing the names of employees shall be prepared to determine the order of layoff. In the event of a job displacement by a senior employee, the employee must accept a salary reduction to that appropriate to the new position. D. Employees to be laid off shall be notified in writing as soon as possible after the decision for layoff has been made. The employer shall give the laid off employees a minimum of fourteen (14) calendar days notice of such layoff and shall provide references, etc., to assist the affected employees in obtaining employment elsewhere. In the event a recall of employees occurs, the following procedures shall be followed: 18 O O SPEA A. The employer shall determine the areas and positions within its departments in which recalls will be made and the number of positions affected. E. Employees shall be recalled in inverse order of layoff. The employee having the longest seniority will be recalled first. When seniority is the same, the employee with the highest rank shall be recalled first. When seniority and rank are the same, a random selection list containing the names of employees shall be prepared to determine the order of recall. C. Employees shall be notified of their recall to work by registered letter mailed to their address of record and shall be given fourteen (14) calendar days to return to work. A recalled employee shall notify the employer, in writing, within five (5) working days upon receipt of the recall letter of the employee's intent to return to work. Seniority recall privileges for laid -off personnel shall be effective for a period of six (6) months from the date of the layoff. Any employee who would have qualified for retirement or whose retirement would become vested within six (6) months from the date of layoff shall be permitted to work that period of time necessary to acquire needed service for retirement or the vesting of retirement. 19 O O SPEA An employee laid off pursuant to this Article shall be given the opportunity to continue insurance coverages in existing programs for a period of six (6) months, provided that the premiums for such insurance programs shall be paid by the employee on a monthly basis in advance of the month due and further provided the insurance company agrees. Recall will be at current rate of pay for the classification but not lower than when the employee was laid off. Upon recall, all credit for salary fringe benefits and seniority shall be restored. In the event of a vacancy in any department or division, and promotional vacancy, seniority will be given reasonable consideration but will not be a determining factor. Seniority will be given reasonable consideration in the selection of any employee who will be sent to any type of schooling. No 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. D. Implementation of this Article may be subject to arbitration. 20 O O SPEA ARTICLE XV DISCIPLINARY ACTION/INVESTIGATION In the event an employee is discharged, suspended, or demoted, the City agrees that he shall be provided with written notification of the discharge, suspension or demotion. This notification shall be hand delivered to the employee no later than its effective date, or sent by registered mail to the address in the City Personnel Department records. Upon request, any employee may obtain a copy of any statement which he (personally) has given to the City 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 City investigation arising from a citizen complaint or allegation, the City shall notify the employee of the disposition of the complaint upon the conclusion of the formal investigation. At the request of any employee under investigation he shall have the right to be represented by counsel or any other representative of his choice (at his/her own expense) who shall be present at all times during interrogation in which the employee is being questioned relative to alleged misconduct that could result in disciplinary action. 21 C O SPEA The formal interrogation of any employee, including all recess periods, shall be recorded, and there shall be no unrecorded question or statement. During interrogations the employee shall not be subject 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. During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations which are the subject of the investigation. 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 investigation has been completed. In the event the employee under investigation or any organization or person representing said employee makes public statements concerning the allegations under investigation, the City shall have the right to respond in any manner it deems appropriate. The findings of investigations shall be labeled "Sustained" (guilty as charged) or "Not Sustained" (not guilty). No other terminology may be used. Only "Sustained" letters of complaint from citizens will be inserted in an employee's personnel record. 22 O 1 SPEA The City shall not discharge or discipline any employee without just cause and due process. If, in any case, the City feels there is just cause for suspension or discharge, the employee and the PEA will be notified in writing that the employee has been suspended and may be subject to discharge, that formal written charges have been filed and a copy served upon the employee charged. All copies shall be served upon the employee by a supervisor or higher. The City agrees that no adverse action will be taken against any employee who exercises the rights provided for in this Article. In the cases where the City chooses to relieve an employee from duty pending an investigation or other administrative determination, the following conditions will prevail: I. The employee may be suspended with all pay and benefits for a maximum of fifteen (15) working days. II. At the end of the fifteen (15) day period the employee shall either be reinstated, terminated, or disciplined. III. Should disciplinary action result from the investigation, that period of time in which the employee was relieved from duty will be included in the disciplinary action. In the event that an employee has been paid, the employee's accumulated leave or compensatory time may be charged as a set-off. 23 OO SPEA BULLETIN BOARDS Where City bulletin boards are available, the City agrees to provide space on such bulletin boards for Association use. Where bulletin boards are not available, the City agrees to provide such boards. The City shall permit the Association to post notices of the Association's business and matters relating to the administration of this Agreement. 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 employee's regular scheduled work period, it shall be considered sufficient time for voting. 24 0 O SPEA ARTICLE XVIII LEGAL BENEFITS At the direction of the City Council, the City will undertake to defend employees against any legal actions taken against them as the result of their actions while acting in the scope of their employment, unless such employee acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property (i.e. in the line of duty) and may initiate any proper and appropriate countersuits within the limitations of State Law. Also at the direction of the City Council, the City agrees to indemnify, within the limitations of State Law (Chapter 768.28), all employees against judgments levied against them as a result of their actions while acting in the scope of their employment, based on the conditions set forth above. 25 V • SPEA ARTICLE XIX CODE OF CONDUCT AND JOB CLASSIFICATION There will be written job descriptions for all employee classifications covered by this Agreement. It is agreed that employees will not be required to perform duties outside their job classification except as noted in job descriptions. Code of Conduct approved by the City shall be a formal part of this Agreement and is attached hereto and made a part hereof. Any reference to Code of Conduct, policy or law in this Agreement refers only to that material in effect on the date of execution of this Agreement. Any rule, regulation, standard operating procedure or policy in conflict with this Agreement, shall be of no force and effect. Prior to implementing any change in rules or regulations or standard operating procedures or policies, the PEA shall be provided a ten (10) day notice and an opportunity to discuss such change. The issue of whether such proposed change conflicts with the Agreement may be subject to grievance procedure. I {� O SPEA ARTICLE XX LEAVE OF ABSENCE The DCR 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 absence 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 DCR subject to final approval of the City Council. Holidays, sick leave, 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; provided, however, the employee may maintain his life insurance and health insurance by paying both his and the City's share of any premiums due if approved by the DCR and acceptable to the insurance company for a period not to exceed ninety (90) days. Merit increases and any other increases for which the 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 conferences and/or seminars directly related to the employee's work as determined by the DCR. An employee granted educational leave with full pay shall be entitled to 27 SPEA 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 educational leave shall be determined by the DCR. 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 obtaining maternity leave and returning to work from maternity leave, the employee must present the City with a medical statement on her condition from a physician duly licensed to practice in the State pf Florida. When returning to work the statement must also verify that the employee is able to return to work and perform the normal duties of the employee's position with full efficiency. The DCR, in his discretion, shall have the authority to extend the aforementioned ninety (90) day period if circumstances. justify, subject to final approval of the City Council. 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 a 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 28 O O SPEA benefits shall continue in the same manner as if he were on active duty with the City. Disapproval may be subject to grievance procedure. ARTICLE XXI HOURS OF WORK AND OVERTIME The following provisions shall govern hours of work and overtime: A. Forty (40) hours shall constitute a normal work week for an employee covered by this Agreement. Nothing herein shall guarantee any employee payment for a forty (40) hour week unless the employee actually works forty (40) hours or his actual hours worked and his authorized compensated leave total forty (40) 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 (40) hour work week shall be compensated at the rate of time and one-half of the employee's regular straight time rate. Compensatory time will be computed at time and one-half and may be granted at the employee's option or as budget conditions dictate. Compensatory time should be taken within a thirty (30) day period. 29 OO SPEA C. If any employee covered by this Agreement is called out to work outside his normal working hours, he shall receive a minimum of two hours pay at the rate of time and one-half his regular straight time rate. D. No City 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. E. Work schedules will not be changed or altered to avoid the payment of overtime. F. 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, except in emergencies, he shall receive one and one-half times the straight time hourly rate for the first eight (8) hours of the new shift. G. All employees will be entitled to a meal break and two rest breaks (morning and afternoon) during each eight (8) hour shift. H. Any employee who, in the exercise of his official duties, is ordered or required by the City to I O O SPEA appear before any person or agency on his regular day off shall receive a minimum of three (3) hours pay at the rate of time and one-half his regular rate. I. If, in the discretion of the City Council and/or the DCR, it is determined that civil emergency conditions exist, including riots, civil disorders, hurricane conditions or what is judged to be a public danger or emergency, the provisions of this Agreement may be suspended by the DCR during the time of declared emergency, provided, however, that the wage rates and monetary fringe benefits shall not be suspended. However, the exercise of the above rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of this Agreement. 31 OO SPEA ARTICLE XXII HOLIDAYS The City will recognize the following as paid holidays: New Years Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Memorial Day Christmas Day Employee's Birthday Two Personal Days 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 a holiday falls on an employee's on duty day, he shall be compensated at the rate of time and one-half (1-h) his regular rate of pay for all hours worked in addition to his holiday pay. C. If the holiday falls while an employee is on vacation, he shall receive an additional day's vacation or compensation in lieu thereof. RYA CI I SPEA ARTICLE XXIII SICK LEAVE Sick leave time will be earned at the rate of one (1) day for each month of service. These credit days shall become accumulative up to a maximum of thirty (30) 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 thirty (30) days maximum. A. After accumulating the thirty (30) days 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 thirty (30) days 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 (3) days and upon the fourth (4) day of illness must, if requested by the City, have a suitable statement as to the employee's physical condition to return to work as required by the City. C. Upon termination of the employee for any reason, he is entitled to a lump sum payment for all sick 33 O O SPEA leave earned and accrued. 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. Beneficiary to be designated by employee. Forms will be provided by the City. ARTICLE XXIV 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 12 work days 5 - 10 years 18 work days 11 years and over 24 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 year's anniversary date thereafter said employee shall be deemed to have worked a 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 taken within any given anniversary period. 34 O O SPEA The remaining portion of accrued vacation time may be carried into the following work year but must be used within that anniversary period, or compensation may be received in an amount not to exceed one week of the vacation time. C. Upon termination of employment, an employee will be paid for any unused portion of accrued vacation time which shall be pro -rated on a monthly basis from the last anniversary date. ARTICLE XXV BEREAVEMENT LEAVE The City agrees when a death occurs in the immediate family of an employee, that employee shall be granted up to three (3) days off if the funeral is to be held in Florida, and if the funeral is to be held outside the State of Florida, an additional two (2) days will be granted. A. Additional time may be granted by the DCR 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 grandchildren. If the employee was raised by someone other than one 35 O O SPEA 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 any other compensated leave. D. The City has the right to request a verification of the death. ARTICLE XXVI UNIFORM, CLOTHING and EQUIPMENT Personal equipment (i.e. glasses, watches, etc.) proved damaged in the scope of employment shall be replaced or repaired at no cost to employee. The City agrees to have each serviceable vehicle inspected by a qualified mechanic. The City shall be responsible for all types of safety equipment and practices. The City agrees that it shall conform to all standards required by the federal government and its regulatory agencies, and shall implement the use of only such equipment that will promote the safety and welfare of all employees covered under this Agreement. All vehicles will contain proper safety equipment. 36 OO SPEA ARTICLE XXVII INSURANCE The City agrees to furnish bargaining unit members a major medical, surgical, maternity, hospitalization and dental benefits group insurance plan. The City agrees to pay the entire amount of the premium for the bargaining unit member (100%) and fifty percent for their dependents. 1. The employer agrees to contribute to the Association's group insurance program the same amount that it contributes to its own group health, medical, and life insurance plan, provided that in no event will the employer contribute more than the actual cost of the City program. 2. In the event a bargaining unit member elects to be covered by the Association's group insurance program, the member shall, on a form provided by the Association, indicate his selection of either the individual or family plan. Said form shall also indicate the monthly premium of the selected plan. Said form shall be submitted to the employer. 3. The employer shall, on a monthly basis, remit the combined total of the employee's share of the premium along with that defined in Section 1 above, to the Association's group insurance 37 SPEA program within fifteen (15) days after deduction. 4. It is expressly understood that the employer's obligation under this Article is limited to only the payment of premiums as defined herein. The City agrees to furnish each supervisor a life insurance plan in the minimum amount of ten thousand dollars ($10,000.00). ARTICLE XXVIII WORKERS' 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 the disability, subject, however, to compliance with all of the following conditions: A. The disability must have resulted from an injury or an illness directly related or sustained 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 Statutes. B. The DCR, at his discretion, may utilize the services of a physician to determine whether any O O BPEA 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 DCR. 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, 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) working day period. Upon receipt of such a petition, the City shall convene a panel comprised of the Assistant Personnel Officer, the physician designated, pursuant to paragraph B above, and a department head, which panel shall make a recommendation to the DCR as to the proper disposition of the employee's position. If the DCR 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 Workers' Compensation Benefits. D. As a condition precedent to obtaining paid disability leave, the employee must formally assign his Workers' Compensation weekly benefits 39 O • . O SPEA to the City for the period of the disability leave or any extension thereof. At the request of the DCR, the City may direct any employee covered hereunder to submit to a physical and/or mental examination conducted by a physician designated pursuant to Section 12.1, Paragraph B, above. The sole purpose of such examination shall be to determine whether the employee has a physical and/or mental disability which impairs his effectiveness as an employee, 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 DCR, in consultation with 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, the DCR, 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 40 O O SPEA for the correction of his disability, the employee may utilize his annual leave, sick leave, or leave without pay for the correction period. b. If, in the opinion of the designated physician, the disability cannot be corrected, the DCR will attempt to place the employee in another City position which, in the DCR's discretion, the employee can perform satisfactorily. Nothing herein shall require the DCR to create a position for the employee or place the employee in a position which, in the DCR's discretion, need not be filled. If the DCR determines that the employee cannot successfully be placed in another position, or if the DCR determines that the employee once placed in another position is unable to perform satisfactorily in that position, the DCR will separate the employee from the City's service through retirement, via the Pension Board. The City agrees that any employee injured on the job or who becomes ill on the job shall be paid a full eight (8) 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. 41 OO SPEA ARTICLE XXIX PHYSICAL EXAMINATION All applicants considered for employment in the City shall undergo a physical examination by a physician duly licensed to practice in the State of Florida. This physical examination should be taken prior to reporting for the first day of work. Results of the physical examination shall become a part of the employee's personnel records. The cost of the physical examination shall be paid by the City. If the employee does not satisfactorily complete the probation period, the cost of the physical will be deducted from the last paycheck. Anytime during the course of employment the DCR 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 pay the cost 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 as a result of his duties shall be paid a full eight (8) 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. Each employee may be required, at the discretion of the DCR, to undergo a yearly physical examination at the City's expense. 42 SPEA ARTICLE XXX MILEAGE ALLOWANCE Employees directed and authorized to use their private automobile, for personal conveyance only, shall be reimbursed in accordance with the mileage allowance permitted by the State of Florida. ARTICLE XXXI EDUCATION Where the best interest of the Public Employer is served by schooling, seminars or classes, the City will pay the entire cost of textbooks and tuition required. Final approval must be granted by the DCR. Final approval will be withheld only for just cause. If employee withdraws without DCR approval, he will reimburse the City for all costs. Disapproval may be subject to grievance procedure. 43 O SPEA ARTICLE XXXII SEVERABILITY CLAUSE Should any provision of this collective bargaining agreement or any part thereof be rendered or declared invalid by reason of any existing or subsequently enacted State or Federal legislation or by a 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 thirty (30) days of the date when the contract provision was determined to be invalid, in order to negotiate a replacement provision. ARTICLE XXXIII 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 ordinance of the City of Edgewater, or the personnel rules and regulations of Edgewater. 44 SPEA ARTICLE XXXIV PENSION PLAN The City agrees to continue the present pension plan with all contributions to it paid by the City. The City agrees to a committee consisting of one (1) member from the PEA supervisors, selected by Association members, who will be appointed by City Council to the General Employees Pension Board for a period of one (1) year. ARTICLE XXXV MERIT SYSTEM Recognizing that there is presently in effect a City Merit Ordinance and Personnel Guide covering working conditions, benefits, and Code of Conduct applicable to employees covered hereunder, the parties agree that except as modified by terms of this Agreement the provisions of the documents shall remain in full force and effect as to the employees covered hereunder. , A. Each employee will be provided a copy of the Merit Ordinance, the Personnel Guide and the Code of Conduct in addition to a copy of this labor Agreement. B. Every employee will be given a yearly evaluation on or about his anniversary date, in addition to completing a self -evaluation, on or about his mid -anniversary date. 45 r SPEA ARTICLE XXXVI WAGES The City agrees to implement on October 1, 1983, a cost of living increase of ten cents ($.10) per hour for all employees. The City agrees to implement on April 1, 1984, a cost of living increase of ten cents ($.10) per hour for all employees. The City agrees to maintain the existing pay plan. Upon adoption by the City and the PEA, this Agreement shall become effective October 1, 1983, and shall remain in full force and effect until September 30, 1984. VOLUSIA COUNTY PUBLIC CITY OF EDGEWATER, FLORIDA EMPLOYEES ASSOCIATION By: C[1