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HomeMy WebLinkAboutReso 2020-3124RESOLUTION NO.2020 - ( 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND DADE COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA"), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 151, 2016, the City of Sunny Isles Beach entered into a Collective Bargaining Agreement ("Agreement') with the Dade County Police Benevolent Association regarding terms and conditions of employment for police officers in the bargaining unit; and WHEREAS, the Agreement has expired, and the parties have negotiated a new Agreement; and WHEREAS, the renegotiations have been concluded and the terms and conditions memorialized in the Agreement; and WHEREAS, the City Commission of Sunny Isles Beach desires to approve the new Collective Bargaining Agreement for a period of three years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH AS FOLLOWS: Section 1. Approval of Collective Bargaining Agreement. The City Commission hereby approves the Collective Bargaining Agreement with the Police Benevolent Association ("PBA") in substantially the same form attached hereto as Exhibit "A". Section 2. Authorization of the Maur. The Mayor and City Manager are hereby authorized to execute said Agreement. Section 3. Authorization of City Manager and City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 15�' day of ctober 020. Gorge H. Scholl, Mayor kTT T j io Betahcur, CMC, City Clerk R2020 Police Collective Bargaining Agtnt PBA Page 1 of 2 APPkO;VED AS TO FORM AN EG U CIENCY: uydward A. Dion, City Attorney Moved by: qU- � �� �V� 1� G WLtS�-�t Ooev-. �(dt.WkrJ y Seconded by: � Vote: Mayor Scholl Vice Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra (Yes) (No) (Yes) (No) (Yes) (No) �- (Yes) (No) (Yes) (No) R2020 Police Collective Bargaining Agrat PBA Page 2 of 2 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH, FLORIDA AND DADE COUNTY POLICE BENEVOLENT ASSOCIATION October 1, 2019 through September30, 2022 TABLE OF CONTENTS Article 1 Preamble Article 2 Recognition Article 3 Non-discrimination Article 4 Dues Deductions Article 5 Management Rights Article 6 PBA Business Article 7 PBA Representation Article 8 No Strike Article 9 Legal Representation Article10 Compensation Article 11 Severability Clause and Zipper Clause Article 12 Rules, Directives and Personnel Policies Article 13 Grievance Procedure Article 14 Seniority and Layoff Article 15 Labor -Management Committee Article 16 Work Week, Pay Period and Overtime Compensation Article 17 Political Activity Article 18 Off -Duty Police Work Article 19 Equipment and Maintenance Article 20 Personnel Records Article 21 Bereavement and Military Leave Article 22 Holiday Leave Article 23 Training Article 24 Transfers, Shift Changes and Substitutions Article 25 Group Insurance Article 26 Promotion Procedures Article 27 Annual (Vacation) and Sick Leave Article 28 Drug Free Workplace Article 29 Court Time Article 30 Vehicles Article 31 Periodic Physical Examinations Article 32 Term of Agreement, Signature Page 1 2 3 4 5 7 8 9 10 11 12 13 14 18 20 21 22 23 24 25 26 27 28 29 30 33 34 35 37 38 39 41 ARTICLE 1 PREAMBLE This Agreement is entered into this day of2020, by and between the City of Sunny Isles Beach, a Florida Municipal Corporation, hereinafter referred to as "THE CITY" or "CITY" or 'EMPLOYER" and the Dade County Police Benevolent Association, hereinafter referred to as "the PBA" or "the Association." WHEREAS, this Agreement reduces to writing the understandings of the City and the PBA to comply with the requirements contained in Chapter 447, Florida Statutes, as amended; and WHEREAS, this Agreement is entered into to promote a harmonious relationship between the City and the PBA and to encourage more effective employee service in the public interest; and WHEREAS, it is understood that the City is engaged in furnishing essential public services which vitally affect the health, safety, comfort and general well being of the public and the PBA recognizes the need to provide continuous and reliable service to the public; and WHEREAS, the City and PBA agree that, as it relates to benefits, any City policies that are more generous to the bargaining unit than this Agreement shall apply; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: - 1 - ARTICLE 2 RECOGNITION The City recognizes the PBA as the exclusive bargaining agent for the purpose of collective bargaining with respect to wages, hours and other conditions of employment for those employees included within the certified bargaining unit described in PERC Certification No. 1736 (August 27, 2010) (the "Bargaining Unit"). Included: Sworn police personnel of the ranks of Police Officer, Police Detective, Police Corporal, Police Sergeant, Detective Sergeant and Master Sergeant. Excluded: All other City employees. -2- ARTICLE 3 NON-DISCRIMINATION Section 1. The City and the PBA agree not to discriminate against any employee covered by this Agreement because of age, sex, marital status, race, color, creed, national origin, religious affiliation, physical handicap or disability or sexual orientation. Section 2. The parties agree not to interfere with the rights of employees to become members of the PBA, or to refrain from such activities and that there shall be no discrimination, interference, restraint or coercion by the parties against any employee because of membership or non - membership. -3- ARTICLE 4 DUES DEDUCTIONS Section 1. PBA members may authorize payroll deductions for the purpose of paying PBA dues. Any member of the PBA who has submitted a properly executed dues deduction form to the City Manager or his or her designee may have his or her membership dues in the PBA deducted from his or her wages. No authorization shall be allowed for payment of initiation fees, assessments, or fines. Payroll deductions shall be revocable at any time upon request by the employee to the CITY and PBA in writing. The payroll deduction cancellation shall be effective thirty (30) days after receipt of notice revocation. Section 2. Dues deducted shall be transmitted to the PBA on a monthly basis, accompanied by a list of those employee's names whose dues are included. Section 3. It shall be the responsibility of the PBA to notify the City Manager or his designee, in writing of any change in the amount of dues to be deducted at least thirty (30) days in advance of said change. Section 4. The PBA shall indemnify, defend and hold the City harmless against any and all claims, suits, orders, and judgments brought and issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. Section 5. The employee's earnings must be regularly sufficient, after other legal and required deductions are made, to cover the amount of appropriate PBA dues. When a member is in a non -pay status for an entire pay period, dues deduction from future earnings may not be made to cover that pay period. In the case of an employee who is in a non -pay status during only part of the pay period, if available wages are not sufficient to cover the full dues deduction, no deduction shall be made. In this connection all legally required deductions have priority over dues. -4- ARTICLE 5 MANAGEMENT RIGHTS Section 1. It is the right of the City to determine unilaterally the purpose of the police department, set standards of services to be offered to the public, and exercise control and direction over its organization and operations. The PBA recognizes the right of the City to operate, manage and direct all affairs of all departments within the City. Nothing in this Agreement constitutes or shall be interpreted to constitute a waiver or limitation of these management rights. Correspondingly, nothing herein constitutes or shall be interpreted to constitute a waiver by the PBA of the right to receive notice of and the opportunity to bargain over any modification to wages, benefits, or conditions of employment. Except as otherwise expressly provided elsewhere in this Agreement, the City's management right to operate, manage and direct all affairs of all departments within the City includes, but is not limited, to the following: (a) The right to exercise complete and unhampered control to manage, direct, and totally supervise all employees of the City. (b) The right to hire, promote, transfer, schedule, train, assign and retain employees in positions with the City and to establish procedures thereof. (c) The right to suspend, demote, discharge, lay off, or take other disciplinary action against employees in accordance with the City's Personnel Policies and Regulations, procedures and departmental policies. (d) The right to maintain the efficiency of the operations of the Police Department. (e) The right to determine the structure and organization of City government, including the right to supervise, subcontract, expand, consolidate or merge any department, and to alter, combine, eliminate, or reduce any division thereof. (f) The right to determine the number of all employees who shall be employed by the City, the job description, activities, assignments, and the number of hours and shifts to be worked per week, including starting and quitting time of all employees. (g) The right to determine the number, types, and grades and salary structures of positions or employees assigned to an organizational unit, department or project, and the right to alter, combine, reduce, expand or cease any position. (h) The right to set its own standards for services to be offered to the public. (i) The right to determine the location, methods, means and personnel by which operations are to be conducted. -5- on duty. 0) The right to determine what uniforms the employees are required to wear while (k) The right to set procedures and standards to evaluate City employee's job performance. (1) The right to establish, change, or modify duties, tasks, responsibilities, or requirements within job descriptions. (m) The right to determine internal security practices. (n) The right to introduce new or improved services, maintenance procedures, materials, facilities and equipment, and to have complete authority to exercise those rights and powers incidental thereto, including the right to make unilateral changes when necessary. (o) The right to control the use of equipment and property of the City. (p) The right to formulate and implement department policy, procedures rules and regulations. Section 2. It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described and employees, at the discretion of the City, may be required to perform duties not within their job description, but within the realm of related duties. Section 3. Any right, privilege, or function of the City, not specifically released or modified by the City in this Agreement, shall remain with the City. Section 4. Notwithstanding any right or privilege inuring to an employee by virtue of the formation of the bargaining unit or PBA status, all members of the Bargaining Unit remain "at will" employees of the City. -6- ARTICLE 6 PBA BUSINESS Section 1. The City shall provide the PBA with access to the City's email system. A copy of all notices or bulletins of the PBA that are to be e-mailed shall be submitted to the City Manager, or designee. There shall be no other general distribution or posting by employees of pamphlets, advertising or political matter, notices, or any kind of literature upon City property other than as herein provided. The emails authorized by the City for use by the PBA may be used by the PBA under the terms of this Article, only for the purpose of posting the following notices and announcements: (a) Notices of PBA meetings; (b) Notices of PBA elections; (c) Notices of PBA appointment to office; (d) Notices of PBA recreational and social affairs; (e) Notices of Collective Bargaining Agreement ratification meetings; and (D Minutes of Association Meetings. Official PBA representatives shall post all notices. Any intentional violation of this provision by the PBA and/or its members shall result in the privilege of such use of the email system being withdrawn. -7- ARTICLE 7 PBA REPRESENTATION Section L. Neither party in negotiations shall have any control over the selections of the negotiating or bargaining representative of the other party. The bargaining committee of the PBA shall not consist of no more than four individuals, at least one and no more than two of whom must be a member of the Sunny Isles Beach Bargaining Unit. No more than one PBA bargaining unit representative shall be allowed by the City to perform Union work while on duty with pay for purposes of contract negotiation. The PBA will furnish the City with a written list of the PBA bargaining committee, prior to the first bargaining session, and will substitute changes thereto in writing to the City. Section 2. PBA representatives shall be allowed to communicate official PBA business to members prior to on -duty roll call and following the completion of the shift. Section 3. After securing permission from the Police Chief or his designee, PBA representatives and agents may be permitted to discuss PBA grievances with members during their duty hours provided such discussions shall not interfere with the performance of the member's duties and service to the community, as determined by the Police Chief. Section 4. Special conferences on important matters will be arranged as necessary between the officers of the PBA and the City Manager or Police Chief upon the request of either party. PBA representatives shall be limited to not more than one on -duty person. Section 5. The PBA agrees that there shall be no solicitation of City employees for membership in the PBA, signing up of members, collection of initiation fees, dues or assessments, meetings, distribution of PBA or affiliated PBA literature or any other business activity of the PBA on City time and during the working hours of City employees. Section 6. Off -duty time spent on negotiations or grievances shall not be deemed "hours worked" as defined by FLSA, nor shall such time be accrued toward overtime in any employees work day or workweek. Section 7. The City and the PBA agree that there will be no collective bargaining negotiations attempted or entered into between any persons other than the City Manager and/or his designee and designated representatives of the Association. Any attempt to circumvent the proper bargaining process shall be deemed grounds for either party to file an unfair labor practice and shall result in appropriate charges being filed against the offending party. WE ARTICLE 8 NO STRIKE Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of employees from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. Section 2. Neither the PBA, nor any of its officers, agents and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, corporate campaign, sympathy strike, slowdown, sick-out, concerted stoppage or work, illegal picketing, or any other interruption of the operations of the City. Section 3. Each employee who holds a position with the PBA occupies a position of special trust and responsibility in maintaining and bring about compliance with this Article and the strike prohibition in Section 447.505, Florida Statutes and the Constitution of the State of Florida, Article 1, Section 6. Accordingly, the PBA, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of breach of this Article or the law by other employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4. Any or all employees who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City. Section 5. The City agrees to adhere to the provisions of Chapter 447, Florida Statutes, regarding the prohibition on lockouts. -9- ARTICLE 9 LEGAL REPRESENTATION Section 1. Whenever a civil suit in tort is brought against an employee for injuries or damages suffered as a result of any act, event, or omission of action which is alleged to have occurred while the employee was on duty, the City will independently investigate the circumstances to determine whether the employee acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Section 2. The City will initially undertake the defense of the employee during the investigation period. If the City determines that the employee did not act in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property, the City will continue the defense of the employee as required by law. The City may terminate said defense upon judicial finding, or finding by the City after an investigation that the employee acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. -10- ARTICLE 10 COMPENSATION Section 1. All new employees will receive upon hire at least the minimum pay step salary as delineated in the Proposed Sergeant Pay Plan and Proposed Officer Pay Plan ("Pay Plan") approved by the City Commission. The Pay Plan may be revised from time -to -time based on a total compensation survey pursuant to Section 5 below. Nothing restricts the City, at its sole discretion, from starting a new employee at a higher step in order to compensate for superior experience or other such relevant consideration. Section 2. After one year of initially being maxed out, an employee will receive a lump sum payment equivalent to the same percentage increase that the City Manager secures for general employees as authorized by the budgetary process. This lump sum payment will not be included in base salary. Section 3. Salary Ranges. All employees covered by this Agreement, hired October 1 through March 31 will advance to the next step at the beginning of the fiscal year (October 1). Employees hired April 1 through September 30 will remain in the same step until the beginning of the fiscal year (October 1), after the anniversary of their date of hire. The Chief of Police has the discretion to hire new officers from Step 1 to Step 3 depending on Full -Time Florida Law Enforcement Experience and qualifications (Step 1 = 0 through 5 Years / Step 2 = 6 through 8 Years and Step 3 = 9 + years). Section 4. Step Program Survey. The City will conduct a total package compensation survey of four other Miami -Dade city police departments (Aventura, Bal Harbour, and Surfside) every two years to determine the competitiveness of its Step Program. The City will adjust the Step Program based on the results of this survey -11- ARTICLE 11 SEVERABILITY CLAUSE AND ZIPPER CLAUSE Section 1. 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 law, or by any 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. The parties agree to immediately meet and confer concerning any invalidated provision(s). Section 2. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understanding and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered by this Agreement and with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge and - contemplation of either or both of the parties at the time they negotiated or signed this Agreement. Except as provided by Article 12 hereof, this Agreement contains the entire Agreement of the parties on all matters relative to wages, hours, terms and conditions of employment as well as all other matters, which were or could have been negotiated prior to the execution of this Agreement. This Section does not prohibit the parties from entering into negotiations concerning the terms of a successor Agreement. -12- ARTICLE 12 RULES, DIRECTIVES AND PERSONNEL POLICIES Section I. The parties agree that the City may promulgate Personnel Policies, Administrative Policy Directives and Procedures (APDP) issued by the City Manager and the General Orders issued by the Chief of Police and they shall apply to all bargaining unit members. Any changes to the Personnel Policies, Administrative Policy Directives and Procedures Manual and General Orders shall be copied to the PBA. Section 2. In the event of any conflict between the terms of this Agreement, the APDP, Police Procedures, or the Personnel Policies, this collective bargaining agreement shall supersede to the effect that the inconsistent terms and conditions of this negotiated Agreement, if any, shall control. Section 3. The City shall provide an electronic copy of Personnel Policies, Administrative Policy Directives and Procedures (APDP) issued by the City Manager, Procedural Directives issued by the Chief of Police and a Code of Ordinances to the Association at no cost. - 13 - ARTICLE 13 GRIEVANCE PROCEDURE Section 1. In a mutual effort to promote harmonious working relations between the parties of this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances or misunderstandings between the parties arising from the application and interpretation of this Agreement. A "grievance" is defined as a dispute involving the interpretation or application of this Agreement. Discipline and discharge shall not be subject to the grievance procedure. Section 2. Grievances will be processed in the following manner and strictly in accordance with the following stated time limits. To simplify the grievance procedure, the number of "working days" in presenting a grievance and receiving a reply from different levels or steps shall be based on a forty (40) hour, five (5) day work week, Monday through Friday, excluding the holidays listed in this Agreement. Section 3. A grievance shall be defined as an alleged violation or disagreement involving interpretation and/or application of specific terms of this Agreement. In accordance with Section 447.401, Florida Statutes, covered employees shall have the option of either utilizing this grievance procedure or utilizing an unfair labor practice procedure, but not both. Eligible employees may file a grievance whether or not they are dues -paying members of the Union. Section 4. A. The Law Enforcement Officer's Bill of Rights shall be strictly adhered to when matters of discipline are investigated. B. A written reprimand shall be accompanied by copies of any supporting documents, memos, tape recordings and/or complaints which form the foundation for the issuance of the written reprimand. Section 5. Effective upon the execution of this Agreement, grievances shall be processed in accordance with the following procedures set forth below. Failure of the City to respond to the grievance within the time limits set forth below shall entitle the employee or union to proceed to the next step in the grievance process. The time limits may be extended by mutual written agreement. -14- Step 1: Whenever an employee has a grievance, s/he should first present it verbally to his/her immediate supervisor within ten (10) days of the event giving rise to the grievance. It is the responsibility of the supervisor to attempt to arrange a mutually satisfactory settlement of the grievance within seven (7) calendar days of the time when it was first presented to him/her, or failing in that, must within that time advise the employee of his/her inability to do so. Such contact between the employee and supervisor shall be on an informal basis. Step ,2: If the aggrieved employee is not satisfied with Step 1 answer, he/she may, within ten (10) calendar days following the day on which he/she received the Step 1 answer, reduce the grievance to writing and submit it to the Shift Sergeant. The grievance shall be signed by the employee and shall specify: (a) the date of the alleged grievance; (b) the specific article or articles and section or sections of this Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged grievance; and (d) the relief requested. The Shift Sergeant may informally meet with the grievant to address the grievance. A PBA representative may be present at the meeting upon the grievant's request. The Shift Sergeant shall reach a decision and communicate in writing to the aggrieved employee within ten (10) calendar days of receipt of the grievance. Step 3: If the grievance is not resolved at Step 2, or if no written disposition is made within the Step 2 time limits, he/she shall have the right to appeal the Step 2 decision to the Division Commander or his/or her designee within seven (7) calendar days of the due date of the Step 2 response. Such appeal must be accompanied by a copy of the original written grievance, together with a signed request from the employee requesting that the Step 2 decision be reversed or modified. The Division Commander or his/her designee may conduct a meeting with the grievant and his/her PBA representative, if needed. The Division Commander or his/or her designee shall, within ten (10) calendar days after the presentation of the grievance (or such longer period of time as is mutually agreed upon in writing), render his/her decision on the grievance in writing to the aggrieved employee. Step 4: If the grievance is not resolved at Step 3, or if no written disposition is made within the Step 3 time limits, he/she shall have the right to appeal the Step 3 decision to the Chief of Police or his or her designee within seven (7) calendar days of the date of the issuance of the Step 3 decision. Such appeal must be accompanied by the filing of a copy of the original written -15- grievance, together with a request form signed by the employee requesting that the Step 3 decision be reversed or modified. The Chief of Police or his / her designee shall conduct a meeting with the grievant and his / her PBA representative, if needed. The Chief of Police or his/her designee shall, within ten (10) calendar days (or such longer period of time as is mutually agreed upon in writing), render his/her decision in writing to the aggrieved employee. Step 5: If the grievance is not resolved at Step 4, or if no written disposition is made within the Step 4 time limits, he/she shall have the right to appeal the Step 4 decision to the City Manager or his or her designee within seven (7) calendar days of the date of the issuance of the Step 4 decision. Such appeal must be accompanied by the filing of a copy of the original written grievance, together with a request form signed by the employee requesting that the Step 3 decision be reversed or modified. The City Manager or his/her designee shall conduct a meeting with the grievant and his / her PBA representative, if needed. The City Manager or his/her designee shall, within ten (10) calendar days (or such longer period of time as is mutually agreed upon in writing), render his/her decision in writing to the aggrieved employee. Step 6: Arbitration. If the decision of the City Manager has not satisfactorily resolved the grievance, the Association may request arbitration in writing to the Director of Human Resources no later than fifteen (15) working days after the rendering of such decision by the City Manager. At the arbitration hearing the parties shall be accompanied by their representatives and both sides may be represented by legal counsel. The arbitrator shall have access to all written documents and statements pertaining to the grievance. The arbitrator shall render his/her decision no later than thirty (30) days after the conclusion of the final hearing, or at such other time that is mutually agreed to by the parties. Copies of the findings of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties and shall be final and binding on both parties. Appointment of Arbitrator: The parties shall attempt to mutually agree on an Arbitrator. If the parties cannot so agree, the parties will request a list of arbitrators from the American Arbitration Association ("AAA"). The Arbitrator shall be selected and shall conduct the arbitration proceedings in accordance with the rules established by the American Arbitration Association. Powers of Arbitrator: The Arbitrator's decision shall be in writing and shall set forth the Arbitrator's opinion and conclusions on the issues submitted and appropriate remedies. The -16- Arbitrator shall limit his/her decisions to the application and interpretation of the provisions of this Agreement and shall have no authority to change, amend, add to, subtract from, ignore, modify, nullify or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. The Arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration. The award of the arbitrator shall be final and binding when made in accordance with the jurisdiction and authority of this provision and this Agreement. Witnesses and Expenses: Upon agreement of the parties, there shall be a certified court reporter at the hearing. The parties shall bear equally the expenses and fees of the mutually agreed upon court reporter, the arbitrator, and all other expenses connected with a hearing. Each parry shall bear the expense of its own witnesses, representatives, attorneys and all other individual expenses. Employees required to testify will be made available; however, whenever possible, they will be placed on -call to minimize time lost from work. Employees who have completed their testimony shall return to work unless they are the grievant or are directly required to assist the principal P.B.A. Representative in the conduct of the case. In class grievances, the class shall be represented by the P.B.A. President and/or his/her designee. The intent of the parties is to minimize time lost from work. The officers or their counsel shall have the right to confront and question all witnesses under oath. The Association and the City shall have the right of discovery and other procedural rights in accordance with the Florida Rules of Civil Procedure. Section 6. A grievance not advanced to the higher step within the time limits provided shall be deemed permanently withdrawn as having been settled on the basis of the decision most recently given. Failure on the part of the City to answer within the time limits set forth in any step will entitle the employee to proceed to the next step. The time periods contained herein may be mutually waived or extended due to unforeseen circumstances. Section 7. Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, it shall be presented directly to the Chief of Police or his/her designee at Step 4 of the grievance procedure, within the time limit provided for the submission of the grievance in Step 1, and signed by the aggrieved employees or the PBA representative on their behalf. -17- ARTICLE 14 SENIORITY AND LAYOFF Section 1. A. Seniority shall consist of full-time active continuous accumulated paid service with the Department. Department Seniority shall be computed from the date of initial appointment, and shall be used when layoffs are being considered or when employees are bidding for special opportunities that arise (e.g. trainings, special events). However, Seniority within a rank, based on date of appointment to that rank, shall be used when employees are bidding for benefits or entitlements under this Agreement (e.g. shift selection, time -off). Seniority shall accumulate during absences because of vacation, military leave or other authorized leave. Seniority will not accrue for time an employee who is relieved of duty without pay, suspended for 80 hours or more, and on unpaid leave of absence. Such seniority shall govern the following: B. In the event of a layoff for budgetary reasons, employees shall be laid off in the inverse order of their seniority in their rank. Any employee to be laid off who has advanced to a rank above patrolman in which he/she holds a permanent appointment, shall be given a position in a lower rank according to his/her total seniority with the Department. The City Manager has the right to deviate from this procedure to retain employees with special skills or capabilities essential to the City. C. Employees shall be called back from layoffs according to the seniority in the classification from which the employee was laid off. No new employees shall be hired in any classification until all employees on layoff status on the callback list in that classification have had an opportunity to return to work. Employees will be notified by registered mail to their home address of record and shall be given twenty-one (21) calendar days to return to work, or be stricken from the list. An employee who has not been stricken from the list will be kept on the callback list for one (1) year. After this period, the City will no longer be obligated to request that this employee be returned to City employment. Section 2. Selection of days off shall be by seniority provided the City's operational needs have been satisfied. Within ten (10) business days of an employee's request to change or modify the employee's selected days off, the City shall provide the employee with a written response to the employee's request. Section 3. The Police Chief shall determine how many employee(s) the City needs for each shift assignment. Selection of shift assignments shall be by seniority provided the City's operational needs have been satisfied. Within ten (10) business days of an employee's request to -18- change or modify the employee's shift assignment, the City shall provide the employee with a written response to the employee's request. -19- ARTICLE 15 LABOR-MANAGEMENT COMMITTEE Section 1. The City and the PBA shall each name up to three (3) individuals who are employed by the City of Sunny Isles Beach as members of the Labor -Management Committee. This Committee may meet and confer regarding any issues related to the Police Department, which either party would like to discuss. This shall not constitute renegotiations of the Agreement but shall serve as a forum for exchange of suggestions and recommendations. The Labor -Management Committee may meet at mutually agreeable times, but not more than once a month. -20- ARTICLE 16 WORK WEEK, PAY PERIOD AND OVERTIME COMPENSATION Section 1. The work cycle is 14 days. Section 2. The parties agree to continue established past practices with regard to overtime compensation. Bargaining Unit Members shall be compensated at one -and -one half times the regular rate of pay for any hours worked in excess of their regularly scheduled shift assignment (i.e., 8, 10 or 12 hour shifts). Bargaining Unit Members shall be compensated at one - and -one-half times the regular rate of pay for any hours in excess of 80 worked during any 14-day work cycle. Overtime compensation shall never be paid twice on any hour of work. Section 3. All hours worked by employees, and all straight time compensation and overtime compensation will be recorded, calculated and paid on the basis of actual hours worked in pay periods and work periods. Section 4. No time not actually worked shall constitute hours worked for .Fair Labor Standards Act purposes. All record keeping shall be in accordance with the requirements of the Fair Labor Standards Act and the above -referenced regulations. The manner of record keeping shall be at the City's discretion. Section 5. Utilization of overtime, assignment of overtime and selection of personnel to work overtime shall be for both scheduled and non-scheduled work, and shall be done at the discretion of management. Management shall make reasonable efforts to distribute available overtime fairly to those officers wishing to receive the overtime. Section 6. An employee shall not place themselves in an overtime status without the express approval of a supervisor, except under emergency conditions, or as otherwise provided by departmental policy. -21- ARTICLE 17 POLITICAL ACTIVITY Section 1. Employees in the bargaining unit shall be prohibited from engaging in political activity such as, but not limited to, campaigning, soliciting, making speeches, or making appearances at political functions, while on duty, in uniform, or otherwise acting within the scope of employment. -22- ARTICLE 18 OFF -DUTY POLICE WORK Section 1. Off -duty police work as authorized by the Police Chief shall be compensated at the rate of not less than forty-two dollars ($42.00) per hour for all bargaining unit members. There shall be an administrative fee of no less than twenty-one dollars ($21.00) per hour charged by the City. Section 2. Off -duty employers will guarantee a minimum employment period of four (4) hours off -duty for each assignment requested of the Police department (work assignments can be split between officers). Section 3. Personnel assigned to off -duty law enforcement jobs shall be fully protected in case of injury during such assignment by the City's Workers Compensation coverage. Section 4. Assignments of off -duty police work shall be fairly and evenly distributed among eligible bargaining unit members. Full time employees shall have the right of first refusal in off - duty detail police work assignments. Section 5. When a detail requires four (4) or more police officers, whenever possible, one of the four officers will be a supervisor. The supervisor shall be compensated at the rate of not less than forty-five dollars ($45.00) per hour. There shall be an administrative fee of not less than twenty-three dollars ($23.00) per hour charged by the City. If no supervisor is available to work the detail, then the on -duty supervisor will be assigned to monitor the detail. Supervisors who work regular off duty jobs will be compensated at the officer's rate in Section 1, above. Section 6. Off -duty police work as authorized by the Police Chief on City -approved holidays shall be compensated at the rate of not less than forty-eight dollars ($48.00) per hour for all bargaining unit members. There shall be an administrative fee of no less than twenty-four dollars ($24.00) per hour charged by the City. Section 7. This Section is null and void if a court of competent jurisdiction determines that off -duty compensation is regular compensation or overtime compensation under state or federal law. Section 8. 24 Hour Cancellation Policy. All off -duty assignments require a 24-hour notice of cancellation or change. If an assignment is cancelled or charged with less than 24-hours notice, the vendor or utility company shall be billed the minimum fee. The amount of the cancellation fee shall be established by the City, and the fee may vary depending on the location and length of the assignment. - 23 - ARTICLE 19 EQUIPMENT AND MAINTENANCE Section 1. Upon hiring by the City of Sunny Isles Beach, all new employees shall receive from the City an initial issue of equipment as determined by the Police Chief in accordance with departmental standards. The City will replace uniforms when they become unserviceable in accordance with departmental standards. Section 2. Any uniform of an employee which is damaged or broken in the line of duty shall be repaired or replaced at no cost to the employee. The City shall replace wristwatches damaged while in the line of duty and not due to the employee's neglect by payment to the employee up to $75.00 with proof of purchase and replace prescription eye glasses or contacts damaged while in the line of duty up to $125 and non -prescriptive eye glasses up to $25.00 with proof of purchase.. The parties recognize that this section is intended to be utilized to reimburse employees covered by this agreement for damage to their personal property as opposed to negligent or careless loss thereof or improper use of such equipment. Section 3. All risk of damage, loss and/or destruction to any items of a personal nature, except as referred to in Section 2 above, damaged in the line of duty while used to aid and improve vision, while on duty, is assumed by and shall be the exclusive responsibility of the unit member. The City agrees to provide each unit member with equipment necessary to perform the function of the job in lieu of the use of personal property as contemplated above. Section 4. All items of equipment issued by the City and not considered expendable shall be returned upon termination of employment or appropriate reimbursement made subject to allowance for normal wear and tear. Section 5. The City will provide uniform cleaning services to all employees in uniform. Employees assigned to the Detective Division shall receive an annual clothing allowance in the amount of $500 ($250 on October lst and $250 on April 1st). -24- ARTICLE 20 PERSONNEL RECORDS Section 1. All personnel records of the employees shall be kept confidential and shall not be released to any person without having received a public records request or as required by law. The City will be bound by Florida State Statute Chapter 119. Except as otherwise required by Florida State Statute Chapter 119, and for the ease of understanding of the employees, this shall mean that at no time shall the news media be directly or indirectly furnished by the City with the home address, telephone number, or photograph of any employee without his/her express written consent. Section 2. Upon reasonable request, an employee may review his/her entire personnel records. The member shall have the right to know where all of their personnel records are kept and to make duplicate copies of these records for his/her use, at no cost to the employee and the City agrees that no personnel records of the member shall be concealed from the member's inspection. Section 3. Employees shall have the right, if they desire, to submit written comments, (including signed witness statements, under oath) with reference to derogatory performance evaluations, citizen's complaints, and any other written documentation which the employee feels is detrimental. Section 4. Personnel files shall at no time, without the permission of the City Manager, be removed from the Police Station and/or Human Resources Division. -25- ARTICLE 21 BEREAVEMENT AND MILITARY LEAVE Section 1. In the case of death of an immediate member of the family (mother, father, sister, brother, spouse, child, stepmother, stepfather, stepchild, mother-in-law, father-in-law, grandchild, grandmother, grandfather or domestic partner), the employee may be granted up to 4 consecutive days, with the approval of the City Manager. Section 2. The City shall comply with all laws on military leave which affect unit employees. -26- HOLIDAY LEAVE Section 1. Employees shall be eligible for the following schedule of paid holidays. When a holiday falls on Saturday, the previous Friday will be observed, and if the holiday falls on Sunday, the following Monday will be observed. New Year's Day Martin Luther King's Birthday Presidents Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day after Thanksgiving Christmas Day Two (2) Floating Holidays (to be credited the first paycheck in January of each fiscal year) Section 2. Where it is necessary to maintain regular services requiring an employee to work on an official holiday, in addition to regular pay for time worked on a holiday, such employee shall receive an extra day's pay, provided the employee exceeds the normal work week. Section 3. A. If an employee is on authorized leave when a holiday occurs, that holiday shall not be charged against leave (authorized leave refers to vacation, illness, injury, compensation time, etc.). The employee must work the day before and the day after each holiday to be eligible for holiday pay with the exception of normal days off or excused absences. B. Deferred Holiday Pay Program: Employees shall have the option to accept holiday pay for the corresponding holidays as mentioned in Section 1 above, or upon application to participate in the City's Holiday Deferred Pay Program, to defer the holiday pay until a later time upon which it shall then be made payable to the employee by the"City. The Holiday Deferred Pay program application is to be renewed by the employee every calendar year. -27- ARTICLE 23 TRAINING Section 1. The City recognizes the value to both employees and the City from employee training. The City agrees to provide the necessary in-service training to keep each officer in compliance with minimum State standards. The City, at its sole discretion, will also provide other training opportunities to employees when appropriate. -28- ARTICLE 24 TRANSFERS, SHIFT CHANGES AND SUBSTITUTIONS Section 1. It shall be the sole right of the City to transfer employees within the Police department for the betterment of the service providing such transfers are accomplished in an equitable manner, consistent with the health, safety and welfare of the City. Section 2. Normal schedule changes shall be posted at least fourteen (14) days in advance. Unless mutually agreed by both parties, schedule changes made, in between normal rotations, shall only be made with a minimum of one (1) week notice. Section 3. Voluntary exchange of individual workdays between employees of like rank may be permitted with the approval of Shift Supervisors provided such swaps do not interfere with the orderly operation of the Police Department. Section 4. Except in emergency situations, whenever a shift rotation or transfer occurs, employees will be entitled to at least eight (8) hours off -duty before returning to work. An employee may not be required to use their accrued leave time to satisfy the requirements of this Section. Normally scheduled days off will not be altered to meet the requirements of this Section. This requirement does not apply to an assignment effected at the employee's request. Section 5. Schedules may be adjusted by the Department to allow for training to comprise the normal work week or day in place of the regularly scheduled shift. Section 6. Employees may, with the consent of their supervisors, request to exchange shifts among unit personnel. All exchanged shifts shall be in writing. No overtime shall result from the exchange. Section 7. Employee medically evaluated as fit for light or limited duty will be assigned to tasks and work locations consistent with their ability to perform and departmental needs. Usually, the assignments will be of such a nature that the employee will be utilized to augment the regular work force and not to displace those persons permanently assigned to the unit mission. -29- ARTICLE 25 GROUP INSURANCE Section 1. Health Insurance. The City pays 100% of the cost of the HMO High Plan for employees and 50% of the HMO High Plan cost (pre-tax) for dependent coverage. If the employee opts for the HMO Low Plan, then the City will apply a credit to the cost equal to the 100% of the cost of the HMO High Plan for employees and 50% of the HMO High Plan cost (pre-tax) for dependent coverage. Further, single coverage employees enrolled in the HMO low plan may be eligible for an allowance equivalent to the cost difference between the two plans. Opt Out. Employees opting out of the City's insurance plan may receive a stipend, (subject to applicable taxes), on a prorated bi-weekly basis. Only employees who provide proof of that they are enrolled in an outside insurance plan may "opt out" of the City's insurance plan. Section 2. Dental and Vision Insurance. The City pays 100% of the cost of dental HMO and vision insurance coverage for employees and 50% of the dental HMO and vision cost (pre-tax) for dependent coverage. If the employee opts for Dental PPO, then the City will apply a credit to the cost equal to the cost of the 100% employee only Dental HMO and 50% of the dental HMO cost. Dental and vision insurance are mandatory for employees. Section 3. Life Insurance. The City provides group term life insurance coverage for employees as follows: • , General Employees — One times the amount of employee's annual salary or $25,000, whichever is greater. Section 4. Long Term Disability. The City provides each employee with long term disability insurance and accidental death and dismemberment insurance at no cost. Section 5. Workers Compensation. The City may provide full salary to employees injured on the job for a period of up to 13 weeks, (in lieu of the 2/3 salary offered by the State). Thereafter, employees must seek supplemental pay through the City provided Long Term Disability Plan. Section 6. Optional pre-tax insurance plans. The City offers employees optional pre- tax insurance plans. Plans include cancer insurance, short term disability insurance and more. Also offered is a Flexible Spending Account, which can be used to put money aside, pre-tax, for planned, medical/dental expenses and for childcare expenses. Section 7. Retirement. Employees classified as special risk are automatically enrolled in the Florida Retirement System ("FRS"). The Employer's contribution rates for special risk -30- employees shall be the rate established by FRS pursuant to state law. The Employee's contribution rate shall be established by FRS pursuant to state law. Section 8. Retirement Health Stipend Plan. Retired employees with twenty (20) years or more of sworn service with the City shall receive a $500 a month stipend until the age of 65 at which time the $500 stipend shall be reduced to $250 a month for two (2) years from the date the employee reached the age of 65. Employees who have retired in good standing from another agency or who transfer into the Department, with a minimum of ten (10) years of full-time sworn service with the other agency, and who thereafter have a minimum of ten (10) years of sworn service with the Department, will have a one-time option to receive a monthly health insurance stipend of $250 upon satisfactory separation from the Department until the employee reaches the age of 65, or for a maximum of eight (8) years, whichever first occurs. If the retired or separated employee has health insurance coverage from previous or current employment or from a spouse, the employee shall not be eligible to participate in the retirement health benefits program. In order to qualify for this retired health benefit, the retired employee shall execute an affidavit on an annual basis attesting that they are not receiving other moneys to pay for their health insurance premiums from any other source. It is hereby agreed that an employee, who was hired as a part of the original group of police officers at the time of the creation of the police department, shall be eligible for the retirement health benefits program discussed herein. The $-5-04 stipend will be used exclusively to pay health insurance premiums. The stipend may be reduced if the retired or separated employee's monetary contribution to a health insurance plan is less than the stipend. Section 9. Health Insurance for Retirees. Upon retirement, a retired employee shall have a one-time option to enroll in the City's health insurance plan and the stipend provided for in Section 8 above shall be credited towards the premium of the health insurance. The option to enroll in the City's health insurance plan upon retirement is a one-time option, which must be exercised on or before the last day of employment with the City and the retiree shall not be eligible to participate in the City's health plan upon reaching the age of 67 years old. Section 10. Deferred Compensation. An optional section 457 tax deferred savings program and Roth IRA plan are available to employees who wish to supplement future retirement income. The plan allows employees to put aside a portion of their earnings pre-tax each pay period, through payroll deduction, into an account for their retirement and reduce the amount of earnings that is currently taxable. -31- Section 11. Labor -Management meeting. Management has the right to change its insurance and related offerings for all employees, including for members of the bargaining unit. In recognition of the importance of this issue to unit employees, Management will discuss proposed changes in the Labor -Management meetings prior to instituting any changes to the plan design and/or premiums of its insurance and related offerings. -32- ARTICLE 26 PROMOTION PROCEDURES Section 1. Police officers with a minimum of four (4) years law enforcement experience, the most recent two (2) years with the City of Sunny Isles Beach, shall be eligible to take the examination for a promotion to the rank of Police Corporal. Section 2. All promotions shall be in accordance with current Police Department Policy or as such Policy is subsequently amended by the City. Should the City seek to change its promotional policy, the City will provide the PBA with a copy of the new policy at least thirty (30) days prior to the effective date of such policy. The City will announce promotional examinations at least thirty (30) days in advance of the assessment process. The eligibility list shall be valid for up to one (1) year. The Police Chief has the option to extend the eligibility list one more year. Section 3. A candidate for promotion shall have the right to review the scored elements of the Assessment process. Section 4. In the event of a promotion, an employee will be placed in the next highest step in the position to which they are promoted. In the event the increase in salary is less than three percent (3%), the employee will be moved to the next highest step in his/her promoted position, regardless of the percentage increase. -33- ARTICLE 27 ANNUAL (VACATION) AND SICK LEAVE Section 1. Employees may accrue annual (vacation) leave, which shall be earned, accumulated and cashed out according to the City's established program., Section 2. Upon retirement, resignation with two (2) weeks' notice and layoffs, accumulated sick leave will be paid on the basis of the following schedule: % OF SICK LEAVE PAID YEARS OF SERVICE AT BREAK IN SERVICE Less than 3 years 0% 3 through 4 years 10% 5 through 9 years 25% 10 through 15 years 50% 16 years through 19 years 65% 20 years or more 75% Accumulated sick leave percentage will be paid based on the number of completed years of service and paid based on the employee's rate of pay in effect at the time the sick leave was earned or accumulated. Section 3. The accumulation for payout purposes shall be no more than 1200 sick leave hours for employees covered by this agreement and no more than 3 years of accrual for vacation leave. Notwithstanding the foregoing, employees may continue to accrue more than the 1200 sick leave hours beyond the- 1200 cap that may be used for a documented serious medical illness. -34- ARTICLE 28 DRUG FREE WORKPLACE Section L. The City and the Association recognize that employee substance and/or alcohol abuse may have an adverse effect on Departmental operations as well as the image of employees and the safety of the general public. Therefore, the City has a zero tolerance for employee drug use. The parties agree that the Department will operate in accordance with the City Policy 808:1 — Drugs, Narcotics, Alcohol Abuse, and City Policy 703:2 — Workers' Compensation Leave. A. An employee who suffers an injury in the line of duty may be required to submit to a test for the presence of controlled substances, narcotic drugs or alcohol immediately after the injury or accident, if there is reasonable belief on the part of a supervisor that the employee is under the influence of the aforementioned substance. That reasonable belief shall be articulated and documented by the supervisor and forwarded up the chain of command. Determination for testing shall then be decided by the Chief of Police or his designee following review of the reasonable belief, consultation with the supervisory command and documentation of such belief, requiring testing. B. If an employee's superior officer has a reasonable belief that the employee is under the influence of the aforementioned substances, or is in violation of the Departmental policy regarding use of such substance, an employee may be required to submit to a test to detect the presence of such. That reasonable belief shall be articulated and documented by the supervisor and forwarded up the chain of command. Determination of testing shall then be ultimately decided by the Chief of Police of his designee following review of the circumstances, documentation of the reasonable belief and consultation with the supervisory command. C. If an injured employee is receiving benefits from Worker's Compensation, the Chief of Police or his designee, reserves the right to randomly test such employee for use of the aforementioned controlled substance, narcotic drugs or alcohol, while he/she is receiving such benefits. -35- D. It is agreed that the tests conducted under this Agreement, shall be administered in a purely employment context. All drug and alcohol tests will be conducted in accordance with Chapter 112 of the Florida Statutes. E. Employee(s) refusing to submit to drug or alcohol testing in accordance with the provisions of this Article may be terminated from employment. -36- ARTICLE 29 COURT TIME Section 1. Bargaining unit employees shall receive a minimum of four (4) hours overtime at one and one-half (1 1/2) times their regular rate for necessary off -duty work related to court appearances required by court order or quasi-judicial and administrative hearings, concerning pending criminal, civil or traffic cases. To be eligible, an employee must be called back to work at a time outside his/her normal working hours, and at least four (4) hours before the beginning of the shift and one (1) hour after the end of the shift. Pay for witness fees shall be returned to the City. Employees may be permitted to accrue compensatory time for off -duty court appearances in lieu of cash payments. -37- ARTICLE 30 VEHICLES Section 1. The City shall have the right and authority to determine assignment of vehicles and to remove the assignment at its discretion. The Chief of Police shall have the authority to determine vehicle assignments external to normal shift assignment. Vehicle assignments are understood by the parties to be based upon operational necessity. Section 2. Each employee will have the option to take their assigned vehicle home. If an employee chooses this option, s/he will be charged a monthly amount based on the formula currently in place. -38- ARTICLE 31 PERIODIC PHYSICAL EXAMINATIONS Section 1. The City and the Association recognize the importance of continuing physical and mental fitness for police officers. The City shall have the right and authority to evaluate employees to determine if they are fit for duty, as permitted by applicable federal, state, and local laws. Section 2. A physical examination will be conducted every three (3) years on each employee's anniversary date of hire. The first physical examination will be scheduled upon execution of this Agreement; provided, however, that employees hired within the past twelve (12) months will be granted an extension until the employee's third anniversary date of hire. If it is determined by the physician or the City to be necessary, testing may be required on a more frequent basis. Physical examinations will be conducted by a physician or medical facility chosen by the City. The physical examination will consist of a routine medical evaluation, urinalysis, EKG, standard blood tests, and may include other tests deemed appropriate by the City or the Physician. A written copy of the results of the physical examination will be provided to the employee in a timely fashion, once received by the City. The City will pay for the costs of the physical examination. All time spent by employees submitting to testing or examinations will be considered hours worked and paid in accordance with Article 16. Section 3. An employee shall be required to undergo an examination to determine his/her continuing mental fitness for duty whenever a superior officer reasonably believes, based upon objective considerations, that there is a legitimate concern regarding the employee's mental fitness for duty. The supervisor shall be required to put the "objective considerations" and reasons for their concern in writing and provide a copy to the employee prior to any examination. Such an examination will be coordinated and approved by the Police Chief (or designee) and the Human Resources Director (or designee). Section 4. An employee, who after examination is determined by the Physician to be unable to perform the essential functions of his or her position, as those functions are determined by the City and the State of Florida, will be provided a reasonable amount of time to satisfactorily perform those functions. The essential functions shall be in writing in the employee's job description. The City shall comply with all federal, state, and local laws regarding the rights of rights of injured or disabled employees. In the event the employee is found unfit for duty and remedial recommendations are made to assist the employee in returning to full duty, the employee may be reassigned or placed on paid administrative leave for a reasonable period based on the physicians recommendations. After the expiration of the reasonable period of time recommended by the treating Physician, if the employee is not released to full duty, the employee will receive all work benefits related to the injuries or illnesses and be permitted to use accrued paid leave time or unpaid leave necessary to complete any treatment necessary to return the employee to full duty, up to the limits set forth in the Family and Medical Leave Act (FMLA), this Agreement, or City policy. If the employee's condition is a qualifying event for FMLA purposes, the entire leave time will be considered FMLA leave, including the time the employee was on paid administrative leave. -39- Section 5. In the event the employee disputes the findings of the physical or mental examination or a conflict arises between an employee's private physician's medical findings and the opinion of the City -appointed physician concerning an employee's fitness for duty, the following will apply: A. An employee who is being treated for a medical condition may provide the private physician with a copy of the job requirements for the employee's position. The private physician's conclusions will be submitted to the City -appointed physician for review. If the City -appointed physician agrees with the private physicians conclusions, the employee will be either be placed in the recommended employment status (unfit for duty, light duty, or restricted duty) until the employee reaches maximum medical improvement or returned to duty. B. If an employee chooses to confer with a private physician, the employee will utilize the City's health insurance or his/her own health insurance and will be responsible for any and all costs of that conference, including copays. C. In the event the employee's private physician and the City -appointed physician disagree regarding the employee's fitness for duty, the employee may obtain, at the employees' sole expense, an independent medical evaluation from a third physician. The third physician shall be selected jointly by the employee's private physician and the City -appointed physician. If the two physicians cannot or will not agree to this procedure the employee will submit a list of three physicians who are acceptable. The City shall select the third physician from the list provided by the employee. The finding of the third physician regarding the employee's fitness for duty will be final and binding on all parties. D. All employees will supply to any physician any requested medical releases relating to the employee's medical condition, and will supply all records and previous medical opinions relating to that medical condition. E. Duty status determinations involving workers' compensation claims and substance abuse examinations are expressly excluded from this Article. Those determinations will follow existing law, City and Department policies and procedures, and those provisions of this Agreement relating to those determinations. Section 6. Refusal to submit to a physical examination pursuant to this Article will constitute insubordination and may subject the employee to disciplinary action, up to and including termination. Mi111 a -o 'a 10 v -a -o �o W V M In .A W N I- V)- i/1• i/> i/> in- iR i/1• in. O OV1 IVY 000 �A O v - 4P I-- LD O -A (D M (n 0n 0l (D 900 t" W W V t-A m V U9 O W w N w m N w O V). J). ih i/} in- in i^ in• Ql 1-� V W lD l " 00 V v Ln l�D wW w? O V I -A Ul N 00 hA 00 00 O O O Lnp O 0-01 O lND O lJl V V V V V V V V W W W W W W W W 4A 4�- -A -A 4�- .A -A -A 0 0 0 0 0 0 0* 00 00 V V V V 01 01 `Ln lD W lD rn �A -A V V W .A .A V .A W Ln V Ql P W p p 00 O dP A O -I V W t-A O W Cn V ' 00 Ln W -Ph O in- lD 00 00 00 V V V 01 I V A O :�I `A 00 A 01 00 N V A N `FA t-A N W V w m 00 w (n 00 Ui O 00 W Un p t" ? W O N 00 W V W .NA Ln O Un (n Cn In (n In Cn In .A A A A A A A 00000000 i/? 4/1• ih i/> i/>• i/>• i/>• il1 0�0 � l�D V�i N `OVO `IVJI V F� U9 w t-, O V O O N Un FA N 00 P, O (n G -A m N w O O W 00 p In O N O O 4Ln i/f 44 V1. vi- i/1• L4 in• F + 1-4 O O w W 00 00 00 V �! N V W lD fn a 00 00 � � 00 0 00 -P.w I -A O w p 00 V V 00 W N O t1iW W U9 (n W O N W O U9 V U9 N W V 0) O W W W W W W W W 00 00 00 00 00 00 00 00 (n (n U9 (n (n W W (n 00000000 �I ARTICLE 32 TERM OF AGREEMENT Section 1. This Agreement shall be effective upon ratification by the PBA and the City, and shall continue through September 30, 2022. Section 2. In the event a new collective bargaining Agreement is not reached prior to the expiration of this Agreement, the terms and conditions of this Agreement shall be binding upon the parties until the ratification of a new collective bargaining Agreement. Section 3. It is understood and agreed that this Agreement constitutes the total agreement between the parties. The terms of this Agreement shall not be amended, except by the mutual written consent of the parties as they may from time to time agree. This Agreement is made and entered into and executed this -1 day of ,,,2020. ZDAD 7 f O C E VOLENT ASSOCIATION Steadman Stahl, President �Pepresrentative sc—Pr � Micha 1 Braverman, PBA Attorney Attorney City Clerk APPROVED AS TO FORM AND L G L S NCY: hoc/` ward Dion, City Attorney -41- ISLES BEACH Scholl, Mayor City Manager