HomeMy WebLinkAboutReso 2012-1874
RESOLUTION NO. 2012- I ~'14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE
POLICE BENEVOLENT ASSOCIATION (PBA), IN
SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has concluded its negotiations with the Police Benevolent Association
(PBA), and the PBA membership has already taken a vote and ratified the Agreement; and
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WHEREAS, the Agreement memorializes the status quo regarding terms and conditions of
employment and maintains the City's management rights, including a salary survey for the salary step
plan; and
WHEREAS;-the-eity-wishes -to-enter -into- an -Agreement-with-the- Police- Benevolent-
Association, in substantially the same form attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves the Agreement with
the Police Benevolent Association, in substantially the same form attached hereto as Exhibit "A".
Section 2.
Authorization of Mayor. The Mayor is 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 will become effective upon adoption.
PASSED AND ADOPTED this 15th day of March 2012.
ATTEST:
~~l~'
Jane A. Hines, CMC, City Clerk
R2012- Police Benevolent Assoc (Pba) Agmt
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APPROVED AS TO FORM
AND LEG FFICIENCY:
Vote: L{ -D- \
Mayor Edelcup V (Yes)
Vice Mayor Thaler V(Yes)
Commissioner Aelion- 'A-b~(Y es)
Commissioner Gatto l/ (Yes)
Commissioner Scholl 1L-(Yes)
t-
Moved by: \{, Q yy\~y Trh\i-~~_
Seconded by: Co~~ S::c::...\-\DLL
_(No)
_(No)
_(No)
_(No)
_(No)
R2012- Police Benevolent Assoc (Pba) Agmt
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COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF SUNNY ISLES BEACH, FLORIDA
AND
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
March 15,2012 through March 14,2015
TABLE OF CONTENTS
Article I Preamble 2
Article 2 Recognition 3
Article 3 Non-discrimination 4
Article 4 Dues deductions 5
Article 5 Management rights 6
Article 6 PBA Business 8
Article 7 PBA Representation 9
Article 8 No Strike II
Article 9 Legal representation 12
Article I 0 Compensation 13
Article 11 Severability Clause and Zipper Clause 14
Article 12 Rules, Directives and Personnel Policies 15
Article 13 Grievance Procedure 16
Article 14 Seniority and Layoff 19
Article 15 Labor-Management Committee 21
Article 16 Work Week, Pay Period and Overtime Compensation 22
AI1icle 17 Political Activity 23
Article i8 Off-Duty Police Work 24
Article 19 Equipment and Maintenance 25
Article 20 Personnel Records 26
Article 21 Bereavement and Military Leave 27
Article 22 Holiday Leave 28
Article 23 Training 29
Article 24 Transfers, Shift Changes and Substitutions 30
Article 25 Group Insurance 31
Article 26 Promotion Procedures 34
Article 27 Annual (Vacation) and Sick Leave 35
Article 28 Drug Free Workplace 36
Article 29 Court Tone 38
Article 30
Article 31
Vehicles
Term of Agreement, Signature Page
39
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ARTICLE I
PREAMBLE
This Agreement is entered into this lS~day of M M<:...l\-, 2012, by and betwecn
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 Benevolcnt
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, comf0J1 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:
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ARTICLE 2
RECOGNITION
The City rccognizes the PBA as the exclusive bargaining agent lor 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, 20 I 0) (the "Bargaining Unit").
Included:
Sworn police personnel of the ranks of Police Ot1lcer.
Police Detective, Police Corporal, Police Sergeant,
Detective Sergeant and Master Sergeant.
All other City employees.
Excluded:
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ARTICLE 3
NON-D1SCRIMINA TION
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, crced.
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.
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ARTICLE 4
DUES DEDUCTIONS
Section I. 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.
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ARTICLE 5
MANAGEMENT RIGHTS
Section I. 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
managemcnt 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 procedurcs thereof.
(c) The right to suspend, demote, discharge, lay olf, 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 et1lciency of the operations of the Policc
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.
(I) 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, departlilent or project, and the
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right to alter, combine, reduce, expand or cease any position.
(h) The right to set its own standards for services to be otlered to the public.
(i) The right to determine the location, methods, means and personnel hy
which operations are to be conducted.
OJ The right to determine what uniforms the employees are required to wear
while on duty.
(k) The right to set procedures and standards to evaluate City employec's job
performance.
(I) 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.
(0) The right to control the use of equipment and property of the City.
(1') The right to formulate and implement depaJ1ment 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.
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ARTICLE 6
I'BA 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 ofpBA meetings;
(b) Notices ofPBA elections;
(e) Notices ofPBA appointment to office;
(d) Notices of pBA recreational and social affairs;
(e) Notices of Collective Bargaining Agreement ratification meetings; and
(f) 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.
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ARTICLE 7
PBA REI'RESENTATION
Section I. Neither party in negotiations shall have any control over the selections
of the negotiating or bargaining representative of the other pal1y. 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 otlicial 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 serviee to the community, as determined by the Police Chief.
Section 4. Speeial 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
persOJ1.
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 designce and designated representatives of the Association. Any attempt to
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circumvent the proper bargaining process shall be deemed grounds lor either party to liIe an
unfair labor practice and shall result in appropriate charges being tiled against the offending
party.
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ARTICLE 8
NO STRIKE
Section I. "Strike" means the concerted 1~1ilure 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 fUl1herance of a work stoppage, either
during the term afar alter the expiration ofa 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 intcrruption 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
Al1icle 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 Al1ic1e 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 othcr 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.
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ARTICLE 9
LEGAL REPRESENTATION
Section I. Whenever a civil suit in tort is brought against an employee for
injuries or damages suffcred 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 circumstanccs 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 thc 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 linding 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.
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ARTICLE 10
COMPENSATION
Section I. 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") attached to Resolution No. 2008-1219 of 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 wi II
not be included in base salary.
Section 3. Promotions. In the event of a promotion, an employee will be placed in
the minimum pay step of his/her promoted position or the next highest step which will result
in the employee receiving no less than a 5.0% increase in his/her previous salary.
Section 4. Salarv Ranges. All employees covered by this Agreement, hired October I
through March 31 will advance to the next step at the beginning of the fiscal year (October
I). Employces hired April I through September 30 will remain in the same step until the
beginning of the fiscal year (October I), after the anniversary of their date of hire.
The Chief of Police has the discretion to hire new officers from Step I to Step 3 depending on
Full-Timc Florida Law Enforcement Experience and qualifications (Step I = 0 through 5
Years / Step 2 = 6 through 8 Years and Step 3 = 9 + years).
Section 5. Step Program Survey. The City will conduct a total package
compensation survey of four other Miami-Dade and Broward County police departments
(A ventura, Bal Harbor, Surfside and Hallandale) 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. The City shall undertake a new total package compensation survey
immediately and any and all salary increases shall be paid retroactively to the ratitication date
of this contract.
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ARTICLE 11
SEVEHABILITY 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 opp0J1unity 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 atler 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.
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ARTICLE 12
RULES, nnmCTIVES AND PERSONNEL POLICIES
Section 1. 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.
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ARTICLE 13
GRIEVANCE PROCEDURE
Section I. In a mutual effort to promote harmonious working rclations 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 lI'om diffcrent
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 due-paying members of the
Union.
Section 4. A. The Law Enforcement Otlicer'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 Agrecment, grievances shall be
processed in accordance with the following procedures set forth below. Failurc 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
.16.
by mutual written agreement.
Step I: 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 I answer, he/shc
may, within ten (10) calendar days following the day on which he/she received the Step I
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 specilic at1icle or aJ1icles 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
rcquested. 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 modi fied. 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.
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Step 4: If the grievance is not resolved at Step 3, or if no written disposition is
madc within the Step 3 time limits, he/she shalJ 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 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 shalJ 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 mutualJy 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, it'
needed. The City Manager or his/her designee shalJ, 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.
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 mutualJy 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 I, and signed by the aggrieved employees or the
pBA representative on their behalf.
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ARTICLE 14
SENIORITY AND LA YOFF
Section 1. A. Seniority shall consist of full-time active continuous accumulated
paid service with the Department. Department Seniority shall be computed li'om 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 uscd 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 tram the list. An employee who has not been stricken from the list will
bc kept on the callback list for one (I) 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 satislied. 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
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response to the employee's request.
Section 3. The Police Chiefshall determine how many employce(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 change or modify the employee's shift assignment, the City shall provide the
employee with a written response to the employee's request.
- 20-
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
Depal1ment, which either pal1y 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.
- 2t -
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
halftimes the regular rate of pay for any hours worked in excess of their regularly schcduled
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, calculatcd 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 rcasonable etlorts 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.
- 22-
ARTICLE 17
POLITICAL ACTIVITY
Section I. Employees in the bargaining unit shall be prohibitcd from cngaging 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.
- 23 -
ARTICLE 18
OFF-DUTY POLICE WORK
Section I. Off-duty police work as authorized by the Police Chief shall be
compensated at the rate of not less than thirty two dollars ($32.00) per hour lor all bargaining
unit members. There shall be an administrative fee of no less than sixteen dollars ($16.00) pel'
hour charged by the City, lor a total of $48.00 paid per hour.
Section 2. Off-duty employers will guarantee a minimum employment period of
three (3) hours olf-duty for each assignment requested of the Police depal1ment (work
assignments can be split between officers).
Section 3. Personnel assigned to off-duty law enforcement jobs shall be Illlly
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 ofT-duty detail police work assignments.
Section 5. When a detail requires four (4) or more police ofticers, whenever
possible, one of the four officers will be a supervisor. The supervisor shall be compensated
at the rate of not less than thirty six dollars ($36.00) per hour. There shall be an
administrative fee of not less than sixteen dollars ($]6.00) 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 I, above.
Section 6. Off-duty police work as authorized by the Police Chief and 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, for a total of $72.00 paid
per hour.
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.
- 24-
ARTICLE 19
EOUlPMENT AND MAINTENANCE
Section I. Upon hiring by the City of Sunny Isles Beach, all new employees shall
receive Ii-om the City an initial issue as determined by the Police Chief in accordancc with
depaJ1mental standards. The City will replace uniforms when they become unserviceable in
accordance with departmental standards.
Section 2. Any unilorm 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 eyc
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 pat1ies 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 1st and $250 on April 1st).
- 25-
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 reeords for his/her use, at no cost to the
employee and the City agrees that no personnel records of the member shall be concealed fi'OJn 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 perfonnance
evaluations, citizen's complaints, and any other written documentation which the employee
feels is dctrimental.
Section 4. Personnel files shall at no time, without the pel1111SSl0n of the City
Manager, be removed from the Police Station and/or Human Resources Division.
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ARTICLE 21
BEREA VEMENT AND MILITARY LEA VE
Section I. In the case of death of an immediate member of the family (mother,
father, sister, brother, spouse, child, stepmother, stepfather, stepchild, mother-in-law, t:1ther-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 alkct unit
employees.
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ARTICLE 22
HOLIDA Y LEAVE
Section I. 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 olf or excused
absences.
B. Deferred Holiday Pay Program: Employecs shall have the option to accept
holiday pay lor the corresponding holidays as mentioned in Section I 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
ca lendar year.
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ARTICLE 23
TRAINING
Section I. The City recognizes the value to both employees and the City li'OIn
employee training. The City agrees to provide the necessary in-servicc training
to keep each officer in compliance with minimum State standards. The City, at its sole
discretion, will also provide other training oppol1unities to employees when appropriate.
- 29-
ARTICLE 24
TRANSFERS. SHIFT CHANGES AND SUBSTITUTIONS
Section I. 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 arc 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 paJ1ies, schedule changes made, in between
normal rotations, shall only be made with a minimum of one (I) week notice.
Section 3. Voluntary exchange of individual workdays between
employees of like rank may be permitted with the approval of Shin Supervisors provided such
swaps do not interfere with the orderly operation ofthe Police Department.
Section 4. Except in emergency situations, whencver a shi ft rotation or transfer
occurs, employees will be entitled to at least eight (8) hours oft~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 Scction. This requirement does not apply to an assignment efTected at
the employee's request.
Section 5. Schedules may be adjusted by the Dcpartment to allow for training to
comprise the normal work wcek 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.
Scction 7. Employee medically evaluated as tit 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.
- 30-
ARTICLE 25
GROUP INSURANCE
Section I. Health Insurance. Effective October 1,2010, the City will havc a
stipend plan to help offset the cost of employees' health insurance coverage. If there is any
remaining balance of the monthly stipend, the City's portion of payroll taxes will be
deducted from it. The plan is as follows:
Opt Out. Employees opting out of the City's insurance plan receIve a $500
monthly stipend, on a prorated bi-weekly basis. Only employees who provide
proof they are enrolled in an outside insurance plan may "opt out" of the City's
insurance plan.
I. Single Coverage. Employees choosing single coverage receive a $659
monthly health allowance which is applied against premium costs and other
related costs that are charged to all employees. The employee will receive
the remaining balance of their allowance, if any, as part of their paycheck.
2. Dependent Coverage. Employees choosing dependent coverage receive
a $759 monthly health allowance which is applied against premium costs
and other related costs that are charged to all employees. The employee will
receive the remaining balance of their allowance, if any, as part of their
paycheck. Dependent coverage includes coverage for child(ren), spouse and
family.
3. For employees selecting single or dependent coverage, if the dollar
amount of the coverage selected is less than the stipend amount, the
employee receives the difference, pro-rated bi-weekly. The City will deduct
all applicable taxes. Likewise, if the dollar amount of the insurance
coverage selected exceeds the stipend amount, the employee pays the
difference, pro-rated bi-weekly.
Currently, the City offers three (3) insurance plans, each with two options,
through Humana as follows:
I. Humana POS Plan with Standard (DHMO) dental plan.
2. Humana POS Plan with premium (PPO) dental plan.
3. Humana HMO High Plan with Standard (DHMO) dental plan.
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4. Humana HMO High Plan with premium (1'1'0) dental plan.
5. Humana HMO Low Plan with Standard (DHMO) dental plan.
6. Humana HMO Low Plan with premium (1'1'0) dental 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 1'1'0, 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.
. Department Heads - Two times the amount of employee's annual salary.
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
alTered 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 (Section 125) through AFLAC. 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 lor
special risk 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. Deferred Compensation. An optional section 457 tax deferred
savings program is available to employees who wish to supplement future retirement
II1come. The plan allows employees to put aside a portion of their earnings pre-tax each
- 32-
pay period, through payroll deduction, into an account for their retirement and reduce the
amount of earnings that is currently taxable.
Section 9. 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 cmployees, 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 olferings.
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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 sllch policy. The City will announce promotional
examinations at least thi.1y (30) days in advance of the assessment process. The eligibility list
shall be valid for up to one (I) 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.
- 34-
ARTICLE 27
ANNUAL IV ACATlON) AND SICK LEA VE
Section I. 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 LEA VE PAID
YEARS OF SERVICE
AT BREAK IN SERVICE
Less than 3 years
3 through 4 years
5 through 9 years
10 through 19 years
0%
10%
25%
50%
20 through or more years of service 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.
- 35-
ARTICLE 28
DRUG FREE WORKPLACE
Section I. 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 shall have the right and authority
to require employees to submit to drug and/or alcohol testing designed to detect the presence
of any controlled substance, narcotic drug, or alcohol under the guidelines stated herein and
according to departmental policy as stated in the General Orders.
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
designce following rcview 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.
- 36-
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.
D. It is agreed that the tcsts 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.
- 37-
ARTICLE 29
COURT TIME
Section I. Bargaining unit employees shal1 receive a minimum of four (4) hours
overtime at one and one-half (1 1/2) times their regular rate for necessary of!: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 (I) hour after the end of the shift. Pay for
witncss fees shal1 be returned to the City. Employees may be permitted to accrue
compensatory time for off-duty court appearances in lieu of cash payments.
- 38 -
ARTICLE 30
VEIIICLES
Section I. 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 shin assignment. Vchicle
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 011 the
formula currently in place..
- 39-
ARTICLE 31
TERM OF AGREEMENT
Section 1. This Agreement shall be effective upon ratification by the pBA and the
City, and shall continue through March 14, 2015.
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 ~ay of W\lt-ft.c.~
,2012.
OLICE BENEVOLENT ASSOCIATION
John
.$~~
:'r/. ""_
Representative
CITY OF SUNNY ISLES BEACH
.,.'~S'f:
~AL
. Jane A. f1ipes, CMC, City Clerk
. I
,
,
- 40-
STEARNS WEAVER MILLER
WEISSLERALHADEFF & SITTERSON, P.A.
Jimmy L. Morales
150 West Flagler Street, Suite 2200
Miami, FL 33130
Direct: (305) 789-3532
Fax: (305) 789-2644
Email: jmorales@stearnsweaver.com
February 13,2012
Michael Braverman, Esq.
Dade County Police Benevolent Association
Via E-Mail: mike@MBravermanPA.comcastbiz.net
Re: City of Sunny Isles Beach Collective Bar2ainin2
Dear Michael:
I have attached a copy of the City's best and final offer for a collective bargaining
agreement. As we have discussed previously, the City has made a sincere effort to achieve the
PBA's stated desire to memorialize the status quo within the Police Department. We believe the
attached document accomplishes precisely that exact goal.
Notably, the City's attached proposed agreement makes no changes in the current
operational practices or structure of the department. This includes the maintenance of the current
vehicle take-home program and associated fees. With regard to compensation, the City is
prepared, once the agreement is ratified, to immediately undertake a survey of salary and benefits
(as it did in 2008) and make all increases retroactive to the contract ratification date. The City
also agrees to conduct additional surveys every two years.
I encourage you to share a copy of this agreement with each voting bargaining unit
member. If you wish, we can assist by printing out additional copies.
Acceptance of this offer must be received in writing by the City no later than February
27, 2012. Any acceptance received after the aforementioned deadline will be rejected and
deemed null and void. Failure to accept within the timeframe will result in the City pursuing
remedies available under Chapter 447, Florida Statutes. These remedies include but are not
limited to a declaration of impasse.
It has been a pleasure working with you these past several months and I am hopeful that
we are close to the end of the process. The City has heard the bargaining unit and has put forth a
fair collective bargaining agreement that should establish a solid foundation for this new
MIAMI . FORT LAUDERDALE . TAMPA . TALLAHASSEE
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Michael Braverman, Esq.
Dade County Police Benevolent Association
February 13,2012
Page 2
relationship going forward. The City looks forward to your response. Please do not hesitate to
contact me if you have any questions regarding the attached.
Cc: Cristina Escobar, Esq.
Alan Cohen
Hans Ottinot, Esq.
Rene Ruiz, Esq.
-+-
#1527434 vi
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERS ON. P.A.
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THE VOICE OF LAW ENFORCEMENT
DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC.
February 29,2012
Via E-Mail: Acohen(ii)sibfl.llet&U.S.Mail
Mr. Alan 1. Cohen, City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FI 33160
1
Re: Ratification of Proposed Contract
Dear Mr.-Conen:
This letter is written on behalf of the Dade County Police Benevolent Association ("PBA") and
our clients, the Sunny Isles Beach Police Officers, Sergeants and Detectives Bargaining Unit.
Please be advised that a ratification vote was held on Monday, February 27th and Wednesday,
February 29th, 2012, pursuant to Notice, and I am pleased to announce that the contract was
approved by the members of the Bargaining Unit. It is my understanding that the Agreement
will be on the upcoming City Commission's Agenda.
Thank you again for the professional and cordial manner you and your staff conducted the
negotiations.
Cristma Escobar
Staff Counsel
Cc: Jimmy Morales, Esq.lCounsel for SIB (via e-mail)
Rene F. Ruiz, Esq. /Counsel for SIB (via e-mail)
Hans OUinot, Esq.lCity Attorney SIB (via e-mail)
Michael Braverman, Esquire/Dade County PBA (via e-mail)
Fred Maas, Chief of Police/SIBPD (via e-mail)
Javy Estevez, PBA Representative (via e-mail)
Lee Atahnasiou, PBA Representative (via e-mail)
John Rivera, President. 10680 PBA Memorial Boulevard' (Northwest 25th Street) . Miami, Florida 33172-2108
Telephone: 305-593-0044' Fax: 305-436-0142' e-mail:pba@dcpba.org . website: www.dcpba.org
Preview
Page I of2
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Alan 1. Cohen, City Manager
DATE:
3/15/2012
RE:
Collective bargaining agreement with the Police Benevolent Association (PBA)
RECOMMENDATION:
Approve the resolution ratifying the contract.
REASONS:
The City has concluded its negotiations with the PBA and the PBA membership has
already taken a vote and overwhelmingly ratified the contract.
The contract memorializes the status quo regarding terms and conditions of employment
and maintains the City's management rights. It also includes a salary survey for the salary
step plan, which the Commission previously committed to doing on a regular basis. The
results of the salary survey will determine what salary increases will be given to those
members of the PBA who have not maxed out in their category of the salary plan.
Note: The budget amendment total for the employee COLA increase include all
employees. Even though officers who are not maxed out on the step plan will not be
eligible for the COLA increase, including them in our budget numbers allows us to set
aside some funds for the anticipated step plan increases.
ATTACHMENTS:
.
Correspondence from PBA
.
Resolution
.
Correspondence from Michael Braverman, Esq
Agenda Item I 0 l:::t-
Date 3 -1'5- { ~ }
.
http://sibagenda. sibfl.net/ agenda/Preview .aspx?I temID=73 3&MeetingID
Preview
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Collective Bargaining Agreement
-!
I
http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=73 3&MeetingID=0&MeetingDate=... 3/9/2012