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Item S09Meeting Date: July 15, 2015 (KW) Department: County Attorney's Office Bulk Item: Yes X No Staff Contact /Phone #: Cynthia L. Hall, 292-3470 AGENDA ITEM WORDING: Approval to initiate litigation against Anthony Moore, a former Monroe County firefighter, for breach of an agreement to repay the County the costs of obtaining paramedic certification. ITEM BACKGROUND: Per Section 7.3.2 of the Collective Bargaining Agreement between Monroe County and Local 3909 of the International Association of Firefighters, the County may agree to advance the expenses incurred when a County firefighter goes to school to obtain certification. Having the County advance the funds for the course allows more firefighters to attend the paramedic school, which satisfies the County's need for more paramedics, but also increases the employability of the firefighter to other agencies. In return for the County advancing the funds, firefighters seeking Paramedic certification must sign a Repayment Agreement, by which the County is reimbursed for those expenses if the firefighters chooses not to remain employed by the County for a period of two (2) years from the date of certification. The County paid a total of $6,996.00 for Mr. Moore to attend paramedic school. He received his paramedic certification on 10 October 2014 and resigned from Monroe County on 30 May 2015 in order to take a position with West Palm Beach Fire Department. Under the Repayment Agreement that he signed on 10 October 2014, Mr. Moore is obligated to pay 75% of the amount paid ($5,247.00). Monroe County Fire Rescue and Mr. Moore have been unable to agree upon a repayment schedule. The contract includes a provision that would award the County the costs of collection including attorney's fees. CONTRACT/AGREEMENT CHANGES: None. TOTAL COST: $400 filing fee/service INDIRECT COST: est. $2,000 BUDGETED: Yes DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: est. $2400 SOURCE OF FUNDS: Ad valorem APPROVED BY: County Attorney VOMB/Purchasing _ DOCUMENTATION: Included X Not Required DISPOSITION: Revised 6115 Risk Management AGENDA ITEM # THIS COLLECTIVELY BARGAINED AGREEMENT is entered into by the Board of County Commissioners of Monroe County, Florida (hereinafter "County" or "Employer") and the Professional Firefighters of Monroe County, International Association of Firefighters, Local 3909 (hereinafter "Union", Employee Organization", "Organization", or "Bargaining Agent") pursuant to the authority of Part II, Chapter 447, Florida Statutes; and hereafter this Agreement may be referred to as the "Unit One Agreement." 1.1 Purpose The purpose of this Agreement is to set forth terms and conditions of employment of the public employees Union and for the operation of the Fire/Rescue Services provided by the County. Further, it is the intent of this Agreement to promote effective protection of the residents of and visitors to Monroe County; to provide for the safety of the employee in the performance of his or her duties; to insure the economy in the operation of the Fire/Rescue Services; to provide for the cleanliness, maintenance, and proper care of equipment; to establish procedures for the fair and peaceful adjustment of differences between the employee or Union and the County that may arise from time to time; and to promulgate rules and regulations for ethical conduct in business and relations between the employees, the Union, and the County. Finally, it is the intent of this Agreement to provide for a great degree of harmony and understanding between the County, the employee, and the Union. 1.2 Recognition and Certification of Union Management Rights 1.2.1 Union Selection and Request The Union is the employee organization which has been selected by a majority of the Fire/Rescue Services employees of the County for purposes of collective bargaining with the County and, in accordance with Section 447.307(1)(a), Florida Statutes, the Union has requested the County to recognize the Union as the bargaining agent for the said employees. 1.2.2 Union Recognition The County is satisfied as to the majority status of the Union and the appropriateness of the proposed unit in accordance with Section 447.307(1)(a), Florida Statutes. 1.2.3 Certification The Florida Public Employees Relations Commission ("PERC") has reviewed the petition of the Union for certification, has determined the appropriateness of the unit, and has certified the Union as the exclusive representative of all employees in the unit. 1.2.4 Unit Determination The unit covered by this Agreement has been determined to include County employee positions of Emergency Medical Technician ("EMT"), Paramedic, Firefighter/EMT, Firefighter/Paramedic, and Flight Nurse. For convenience to the Union and County, this unit may be referred to as Unit One or Unit 1. 1.2.5 Exclusive Management Rights Section 447.209, Florida Statutes, provides Page j I Should no qualified individual on the rehire list accept the rehire offer, the County shall be free to hire any qualified individual in accordance with County hiring policies. Rehire notices shall be sent by certified mail, return receipt request, to the listed employee, allowing seven (7) calendar days after receipt for acceptance or rejection of the rehire offer. 6.4.7 Rehire Qualifications Any person laid off and subsequently rehired withi monthssix of date of layoff shall be considered to be qualified for the classification• rank to rehired, provided _ • • - •! • required • _ State r •, • - r effect. Individuals • -r • ! r shall rrequired • •. r• • -d -r - • • compliance • Florida arequirements. ARTICLE 7: CERTIFICATION, STANDARDS, AND TRAINING 7.1 Continuing_ Certification Training The County shall provide those training opportunities, both on -duty and off -duty, that are sufficient to maintain those firefighting and EMS skills certification as minimally required by the State of Florida and Monroe County. 7.2 Emergency Medical Technician (EMT) Certification. Firefighters employed by Monroe County shall possess certification by the State of Florida as an Emergency Medical Technician pursuant to the provisions of Chapter 401, Florida Statutes, and applicable Florida Administrative Code rules. The County shall provide those training hours, both on -duty and off -duty, that are sufficient to maintain EMT skills certification as minimally required by the State of Florida and Monroe County. 7.3 Paramedics The County's ultimate goal is to provide professional fire rescue services through the employment of firefighters who are also certified by the State of Florida as a paramedic pursuant to the provisions of Chapter 401, Florida Statutes, and applicable Florida Administrative Code rules. 7.3.1 New Hires All individuals holding a state paramedic certification shall initially be hired by the County and paid as paramedics until cleared by the Medical Director to work as Charge Paramedics, at which time they shall be paid as Charge Paramedics. All such individuals must be cleared to work as Charge Paramedics within nine (9) continuous months from the date on which precepting begins. Any individual who is not cleared to work as a Charge Paramedic within that time frame will be terminated. The termination is not grievable. 7.3.2 Repayment Agreement Individuals for whom the County provides the opportunity obtain certification as a Paramedic at the County's expense shall be required to enter into a repayment agreement. The terms and conditions of the repayment agreement shall be substantially in the form attached to this Agreement as EXHIBIT A. Page 122 EXHIBIT D (IAFF Collectively Bargained Agreement — Unit One) T ANHONY MOORE ..... ...................... .—, hereinafter referred to as TRAINEE, agrees as ... ENIPL01 EE NAME follows: COUNTY WILL ARRANGE FOR TRAINING The COUNTY agrees to send TRAINEE to (check one): E]Firefighter training [ZParamedic training to be held a, Florida Medical Training Institute e commencing on or about 25th day of Jul2B13 � — WAGES FOR FIREFIGHTER TRAINEES (Section 7.1.1) A. The COUNTY will pay the TRAINEE a base salary equal to ninety percent (90%) of the base salary of an entry level Firerighter,,EMT during TRAINEE'S satisfactory attendance and performance of all of TRAINEE'S duties, When the TRAINEE successfully completes the Florida State Fire Marshal's Bureau of Fire Standards A, Training examination for certification as a Florida State Firefighter, and meets all other requirements for Florida certification as a Firefighter, then TRAINEE will be paid 100% of the base salary rate for Firefighter/Paramedic, V. If TRAINEE does not complete all requirements to become a Florida certified Firefighter within one year of TRAfNEE'S date of hire, then the Fire Chief, at hi --- discretion, may recommend termination of the TRAINEE. XX WAGES FOR PARAMEDIC TRAINEES (Section 7.3.1) A. The COUNTY will pay the TRAINEE a base salary equal to ninety percent (901%) of the base salary of an entry level Firef ighter!Paramedic during TRAINEE'S satisfactory allendance and performance of all of TPLAINEE'S duties. When the TRAINEE successfully completes the Florida Department of Health Paramedic examination for certification as a Florida State Paramedic, and meets all other requirements for Florida certification as a Paramedic, then TRAINEE will be paid 100% of the base salary rate for Fire fighter/Paramed ic. B. If TRAINEE does not complete all requirements to become a Florida certified Paramedic within one year of TRAINEE'S commencement of the course, then the Fire Chief, at his discretion, may recommend termination of the TRAINEE. Im . - - - -bg��Q %%j 1'-&AIM tuition, books ana training matert (hereinafter referred to as TRAINING COSTS), paid by the COUNTY on TRAINEE behalf, if - A. TRAINEE withdraws from the course, or fails to complete the course in a timely fashion, or; B. TRAINEE fails to obtain his or her certification from the Florida State Fire Marshal's Bureau of Fire Standards & Training (Firefighter certification) wilhin 12 months after date of hire, or; _2 e C . TRAINEE fails to obtain his or her certification from the Florida Department of Health (Paramedic certification) within 12 months after completion of the course, or; D. TRAINEE voluntarily resigns or abandons his or her position before working as a certified Paramedic or Firefighter for Monroe County Fire Rescue for a period of two (2) years from certcation date, or; E. The Fire Chief revokes the appointment of the TRAINEE with cause during the TRAINEE'S enrollment in course, REPAYMENT SCHEDULE E Re.p.a ment is, - ro-rated depend 11. %141goww�.i rawlti: according to the following schedule: • Within 6 months: Repayment of 100% of the full amount of TRAINING COSTS • Within 12 months: Repayment of 75% of the full amount of TRAINING COSTS • Within 18 months: Repayment of 50% of the full amount of TRAINING COSTS • Within 24 months: Repayment of 25% of the full amount of TRAINING COSTS successf"i IMLLP�-f �J�WIJWJI TRAINEE agrees to pay the COUNTY all reasonable costs of collection and attomey's fees incuffed by him in the event the COUNTY is obliged to collect any funds advanced to TRAINEE pursuant to this Agreement. WE SEA' ERABILITY CLAUSE If any part of this Agreement is ruled to be unenforceable, the remaining parts of the Agreement shall still be legally binding, Signature (1VINEE) Print Name ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, -QDAhO(Xq IMOOCe personally appeared, who identified himself/herself to me and produ—ced' �satisfactory proof of identification, and acknowledged to me that he/she executed the foregoing agreement freely, voluntarily, and for the purposes therein expressed, Dated this day of __QCAt2,g_s— 20 Florida. 20 (f\DrTtW- Commission Expires- 4Notaryic, State of Florida Fire Chief Monroe County Fire Rescue, F1 ��re(—C It �ie 0 S i JAMES K. CALLAHAN Print Name 2 of 3 ..................... ............. - ir 1 R "M ............