Item L1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 19 and 20. 2005
Division:
Bulk Item: Yes -1L
No
Monroe County Sheriff's Office
AGENDA ITEM WORDING:
Approval of Sheriff's Deputies and Corrections Officers Wage Plan FY2005-2007
ITEM BACKGROUND:
Resolution No. 343-2004 passed September 21,2004 supported funding a multi-year pay plan
for Sheriff's deputies and corrections officers after negotiation and ratification of collective
bargaining agreements between the Sheriff and the Fraternal Order of Police. The Sheriff
and FOP have successfully negotiated these agreements, which were ratified by the officers on
December 17, 2004. BOCC approval of the wage plan, contained in Article 6 of both
contracts, contractually binds the Commission to fund the plan in the nest two fiscal years.
Funds for the first year of the plan (FY2005) were appropriated during the last budget cycle.
PREVIOUS RELEVANT BOCC ACTION:
Resolution No. 343-2004 passed September 21,2004 supported funding a multi-year pay plan
for Sheriff's deputies and corrections officers after negotiation and ratification of collective
bargaining agreements between the Sheriff and the Fraternal Order of Police
CONTRACT / AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: Estimated increase FY 2006 over FY 2005
Estimated increase FY 2007 over FY 2006
$1,346,204
$1,145,399
Page 1 of 2
L-/
Actual cost will be determined by actual staffing, changes in required FRS
contributions, and any changes in costs of county benefits or federal tax and withholding
rates.
BUDGETED:
Yes for FY200S
No for FY2006 and 2007
COST TO COUNTY: 100%
SOURCE OF FUNDS: Ad valorem
Yes No / AMOUNT PER MONTH
REVENUE PRODUCING:
Year
APPROVED BY: County Atty. _ OMB/Purchasing _ Risk Management_
~
DIVISION DIRECTOR APPROVAL:
~/~~-~
Mark L. Willis, General Counsel for
Sheriff Richard D. Roth
I
~;
DOCUMENTATION: Included ~
To Follow
Not Required
DISPOSITION:
AGENDA ITEM #
Revised 1/03
Page 2 of 2
SHERIFF'S DEPUTIES AND CORRECTIONS OFFICERS
WAGE PLAN FY2005-2007
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
MONROE COUNTY SHERIFF'S OFFICE
FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE, INC.
WHEREAS, the Board of County Commissioners passed Resolution No.
343-2004 entitled 'A Resolution of Support for the Funding of a Multi-Year
Pay Plan for Deputy Sheriffs and Corrections Officers Employed by the
Monroe County Sheriff's Office' at the BOCC meeting of September 21, 2004,
and
WHEREAS, by that Resolution the Board of County Commissioners
resolved to appropriate funds to the Sheriff's budget in fiscal years 2005, 2006, and
2007 for the express and limited purpose of providing funds required to support a
multi-year pay plan for the deputy sheriffs and corrections officers represented by
the Fraternal Order of Police, and
WHEREAS, the Board's obligation under the terms of the Resolution was
"contingent upon execution of a collective bargaining agreement by the Sheriff and
its subsequent ratification by the collective bargaining unit," and
WHEREAS, the Monroe County Sheriff's Office and the Florida State Lodge
Fraternal Order of Police, Inc. have executed collective bargaining agreements
covering the deputy sheriff's and corrections officer's bargaining units, which
collective bargaining agreements were ratified by the memberships of both collective
bargaining units on December 17, 2004,
NOW THEREFORE the Board of County Commissioners of Monroe
County, the Monroe County Sheriff's Office, and the Florida State Lodge Fraternal
Order of Police, Inc., agree as follows:
-For good and valuable consideration, including the public benefits recited in
Resolution No. 343-2004 and the commitments contained in the collective bargaining
agreements, the Board of County Commissioners agrees to fund the Sheriff's salary
budgets for FY2006 and FY2007 to permit the Sheriff to pay the wage increases
called for in Article 6 in the collective bargaining agreements entitled AGREEMENT
BETWEEN THE MONROE COUNTY SHERIFF'S OFFICE AND FLORIDA
STATE LODGE FRATERNAL ORDER OF POLICE BARGAINING UNIT:
LAW ENFORCEMENT-DEPUTY AND SERGEANT and AGREEMENT
BETWEEN THE MONROE COUNTY SHERIFF'S OFFICE AND FLORIDA
STATE LODGE FRATERNAL ORDER OF POLICE BARGAINING UNIT-
Page 1 of 2
CORRECTIONS OFFICER AND SERGEANT, copies of both of which are
attached hereto and by reference made a part hereof.
AGREED TO THIS
DAY OF
2005.
Board of County Commissioners of Monroe County, Florida
By:
Mayor Dixie Spehar
A ITEST:
Danny L. Kohlage, Clerk of Court
By:
Deputy Clerk
Monroe County Sheriffs Office
By:
Sheriff Richard D. Roth
Approved for legal sufficiency for the Monroe County Sheriff Office
By:
Mark L. Willis, General Counsel
Florida State Lodge Fraternal Order of Police, Inc.
By:
John Puleo, F.O.P. Staff Representative
Page 2 of 2
Clerk 0111le
Circul coun
~IJII
I G 1001
Danny L. Kolhage
Phone: 305.292-3550 Fax: 305-295-3663
MemnranIium
To:
Richard D. Roth,
Sheriff of Monroe County
Isabel C. DeSantis" V
Deputy Clerk r
Friday, November 12, 2004
From:
Date:
At the BOCC Meeting of September 21, 2004, the following item was approved:
Resolution No. 343-2004 in support for the funding of a multi-year pay plan for
Deputy Sheriffs and Corrections Officers employed by the Monroe County Sheriffs
Office.
Enclosed please find a certified copy for your handling.
Copies: Finance
County Attorney
File
RESOLUTION NO. 343-2004
A RESOLUTION OF SUPPORT FOR THE FUNDING OF A MULTI-YEAR PAY
PLAN FOR DEPUTY SHERIFFS AND CORRECTIONS OFFICERS EMPLOYED
BY THE MONROE COUNTY SHERIFF'S OFFICE
Whereas the Monroe County Board of County Commissioners recognizes that Richard D. Roth, Sheriff of
Monroe County, is currently negotiating a collective bargaining agreement with the Fraternal Order of Police;
and
Whereas the FOP is the duly certified bargaining agent for the great majority of deputy sheriffs and
corrections officers employed the Sheriff; and
Whereas the Sheriff, the Board of County Commissioners, and the FOP believe that a multi-year pay plan for
these officers benefits the public with respect to:
-Recruitment of the best-qualified officers;
-Retention of veteran officers;
-Greater security and job satisfaction; and
-Better financial planning; and
Whereas the Board of County Commissioners is the agency responsible for budget appropriations for the
Sheriff's Office; and
Whereas the Sheriff is unable to provide to multi-year pay plan for his deputies and corrections officers
without a commitment from the Board of County Commissioners;
Now Therefore Be It Resolved:
1. The Monroe Board of County Commissioners resolves to appropriate funds to the Sheriff's
budget in fiscal years 2003-2004, 2004-2005, and 2005-2006 for the express and limited purpose of .
providing funds required to support a multi-year pay plan for the deputy sheriffs and corrections officers now
represented by the Fraternal Order of Police, in the amounts set forth below:
FY 2004-2005
10.25%1
FY 2005-2006
8.25%
FY 2006-2007
6.490/0
1 Note: These percentages indicate the increase required over prior year funding if the pay
plan is approved. The dollar cost is dependent upon benefits calculations to be provided
before submission as an agenda item. Any future changes in retirement contribution rates are
not considered.
2. The obligation of the Commission in future years is contingent upon execution ofa collective
bargaining agreement by the Sheriff and its subsequent ratification by the collective bargaining unit.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 21 st day of September, 2004.
Mayor Murray Nelson
Commissioner Sonny McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
absent
yes
yes
yes
yes
\~
4:ttest:DANNY L. KOHLAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY; FLORIDA
BY~~ Q... ~~~~
Deputy Clerk
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By
Mayor/Chair
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MONROE COUNTY AT RNEY
APPROVED S
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AGREEMENT BETWEEN THE
MONROE COUNTY SHERIFF'S OFFICE
AND
FLORIDA STATE LODGE FRATERNAL
ORDER OF POLICE
BARGAINING UNIT:
LAW ENFORCEMENT-DEPUTY AND SERGEANT
EFFECTIVE DATES
Date of Bargaining Unit ratification to September 30,2007
EFFECTIVE DATES
1
AGREEMENT
6
PREAMBLE
6
ARTICLE 1-RECOGNITION
6
SECTION 1 - Inclusions
6
SECTION 2 - Exclusions
7
ARTICLE 2-NO DISCRIMINATION
7
SECTION 1 - Non-Discrimination Policy - State-Federal Law
7
SECTION 2 - Sexual Harassment and Other Unlawful Discrimination
8
SECTION 3 - Mutual Commitment to Prevent Sexual Harassment and Other Unlawful Discrimination 8
ARTICLE 3-DISCIPLlNE AND DISCHARGE
a
SECTION 1 - Disciplinary Action
8
SECTION 2 - Interrogation During Internal Investigations
9
SECTION 3 - Employee Copy
13
SECTION 4 - Notice
13
ARTICLE 4-PROMOTIONS
13
ARTICLE 5-SENIORITY
15
ARTICLE 6 - GENERAL WAGE INCREASES, CHANGES IN ANNUAL LEAVE
ACCRUAL, HOLIDAY PAY, LONGEVITY PAY 16
ARTICLE 7-HURRICANES
19
ARTICLE a-INSURANCE BENEFITS
19
ARTICLE 9-MANAGEMENT RIGHTS
20
2
ARTICLE 10-GRIEVANCE PROCEDURE 20
SECTION 1 - Definitions 20
SECTION 2 - Representation 21
SECTION 3 - Procedures 23
0) S~pl 23
~ ~2 M
(3) Step 3 25
(4) J\rbitration 26
SECTION 4 - Time Limits 28
SECTION 5 - Exceptions 28
SECTION 6 - Grievance Arbitration Replaces Career Service Bill 29
ARTICLE 11-DUES CHECKOFF 29
SECTION 1 - Deductions 29
SECTION 2 - Remittance 30
SECTION 3 - Insufficient Pay for Deduction 30
SECTION 4 - Termination of Deduction 30
SECTION 5 - Indemnification 30
SECTION 6 - Exceptions 31
SECTION 7 - Processing the Dues Checkoff Authorization Form 31
ARTICLE 12-DEATH IN-L1NE-OF-DUTY BENEFITS 31
ARTICLE 13-ALLOWANCE FOR DAMAGED PERSONAL PROPERTY 32
ARTICLE 14-PERSONNEL RECORDS 32
ARTICLE 15-UNION ACTIVITIES AND EMPLOYEE REPRESENTATION 33
SECTION 1 - Definitions 33
SECTION 2 - Designation of Employee Representatives 33
SECTION 3 - Bulletin Boards 34
SECTION 4 - Information 35
SECTION 5 - Job Task Analysis 35
3
SECTION 6 - Representative Access
36
SECTION 7 - Collective Bargaining
36
ARTICLE 16-TRAINING
36
SECTION 1 - Employee Education
36
SECTION Z - Trainees
37
SECTION 3 - Grievability
37
ARTICLE 17-RETIREMENT
37
ARTICLE 18-DRUG AND ALCOHOL TESTING
37
ARTICLE 19-UNIFORM AND INSIGNIA
38
ARTICLE 20-NO STRIKE
38
ARTICLE 21-SAVINGS CLAUSE
39
ARTICLE 22-0FFICE RULES AND REGULATIONS
39
ARTICLE 23-PREVAILlNG RIGHTS
39
ARTICLE 24-INDIVIDUAL RIGHTS
40
ARTICLE 25-PHYSICAL EXAMINATIONS AND WORKERS COMPENSATION
BENEFITS 40
ARTICLE 26-JOB-CONNECTED DISABILITY
40
ARTICLE 27-TIME POOL FOR UNION BUSINESS
44
ARTICLE 28-TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION 45
ARTICLE 29-CLASSIFICATION REVIEW
45
ARTICLE 30-AUTHORIZED USE OF PRIVATE AUTOMOBILES
46
ARTICLE 31-SPECIAL ASSIGNMENT PAY
46
4
ARTICLE 32-REASSIGNMENT, TRANSFER, CHANGE IN DUTY STATION 47
SECTION 1 - Definitions 47
SECTION 2 - Procedures 47
SECTION 3 - Involuntary Reassignment, Transfer, Or Change in Duty Station 48
SECTION 4 - Notice 48
ARTICLE 33-HOURS OF WORK AND OVERTIME 48
SECTION 1 - Hours of Work and Overtime 49
SECTION 2 - Work Schedules, Vacation and Holiday Schedules 50
SECTION 3 - Break PeriodslMeal Breaks 51
SECTION 4 - Court Appearances 51
SECTION 5 - No Volunteer Time Required 52
SECTION 6 -Holiday Pay 52
SECTION 7 - Special Compensatory/Leave Credit Balances 52
ARTICLE 33-LlMITATION ON OPENING NEGOTIATIONS 53
ARTICLE 34-ENTIRE AGREEMENT 53
SECTION 1 - AgreementJReopeners 53
SECTION 2 - Memoranda of Understanding/Settlements 54
ARTICLE 35-DURATION 54
SECTION 1 - Term 54
SECTION 2 - Notices 54
SECTION 3 - Emergencies 55
SECTION 4 - BOCC Ratification of Pay Plan 55
5
AGREEMENT
THIS AGREEMENT is between RICHARD D. ROTH, SHERIFF OF
MONROE COUNTY and FLORIDA STATE LODGE FRATERNAL
ORDER OF POLICE INC., hereinafter called the UNION, or FOP,
representing the employees in the Law Enforcement Officers Bargaining Unit.
PREAMBLE
WHEREAS, it is recognized by the parties hereto that the declared public
policy of the Sheriff and the purpose of Part II, Chapter 447, Florida Statutes, is
to provide statutory implementation of Section 6, ARTICLE I of the
Constitution of the State of Florida, and to promote harmonious and
cooperative relationships between Sheriff's Office and its employees, both
collectively and individually, and to protect the public by assuring, at all times, the
orderly and uninterrupted operations and functions of Sheriff's Office, and
WHEREAS, it is the intention of the parties of this Agreement to set
forth the entire agreement with respect to matters within the scope of
negotiations; and
WHEREAS, the above language is a statement of intent and therefore not
subject to the grievance procedure as outlined in ARTICLE 10;
NO~ THEREFORE, in consideration of the mutual covenants herein
contained, the parties do agree as follows:
ARTICLE 1-RECOGNITION
SECTION 1 - Inclusions
(A) The Sheriff hereby recognizes the Florida State Lodge Fraternal
Order of Police Inc. (Union) as the exclusive representative for the purposes of
collective bargaining with respect to wages, hours, and terms and conditions of
employment for all employees included in the Law Enforcement Officers
Bargaining Unit.
6
The Bargaining Units for which this recognition is accorded is as defined
in the certification issued by the Florida Public Employees Relations
Commission, hereinafter also referred to as "PERC," and as subsequendy, PERC
Certification Number 1402. The Unit description in Certification Number 1402
reads as follows:
All law enforcement certified sworn officers appointed as a deputy
sheriff employed by the Monroe County Sheriff's Office,
including officers assigned as bailiffs, road patrol officers,
detectives, airport security officers, inmate transportation officers,
road patrol sergeants and detective sergeants.
The Sheriff and FOP agree to take all steps necessary to obtain PERC's
approval of a reclassification of inmate transportation officers from the Law
Enforcement Officer's Unit to the Correctikons Officer's Unit.
SECTION 2 - Exclusions
All other employees not listed above, including without limitation, officers
holding the rank of lieutenant, captain, major, or colonel, or any other rank above
lieutenant, the directors of human resources, finance, data processing, airport
security, inmate transportation, and community relations, the commander of
internal affairs division, officers assigned full time to internal affairs, aviation
division sergeants, public information officers, temporary substitute or emergency
employees, 4nd reserve, part-time and auxiliary officers.
ARTICLE 2-NO DISCRIMINATION
SECTION 1- Non-Discrimination Policy - State-Federal Law
The Sheriff and the Union will not discriminate against any employee for
any reason prohibited under law. If any provision of this Agreement is in
conflict with any federal or state law or any rules having the effect of law; the law
or rule shall prevail.
7
SECTION 2 - Sexual Harassment and Other Unlawful Discrimination
Any claim of sexual harassment or other unlawful discrimination by an
employee against the Sheriff or employee of the Sheriff shall be investigated and
resolved by Sheriff's Office internal procedures or as permitted by state or federal
law: No allegation, investigation, internal resolution, discipline, or discharge from
employment regarding of sexual harassment or other unlawful discrimination
shall be subject to the grievance procedure contained in ARTICLE 10.
SECTION 3 - Mutual Commitment to Prevent Sexual Harassment and
Other Unlawful Discrimination
The Sheriff and FOP_reiterate their commitment to prevent sexual
harassment and other unlawful discrimination. FOP agrees to report any
suspected occurrences of such conduct to the Sheriff in accordance with
Sheriff's policy and to cooperate in the investigation and resolution of all
reported incidents.
ARTICLE 3-DISCIPLINE AND DISCHARGE
SECTION 1- Disciplinary Action
(A) The Sheriff may affect reductions in base pay, demotions,
suspensions, and dismissals at any time against any employee for
just cause. Such actions against employees with permanent status
for disciplinary reasons shall be grievable in accordance with the
grievance procedure in ARTICLE 10, if the employee alleges that
the action was not for just cause. Demotion will not be used as a
form of disciplinary action, except for supervisory employees.
Reassignment from one certified position to another is not
discipline and is not grievable. Disciplinary actions shall be subject
to the grievance procedure as follows:
(1) Letters of Counseling are not grievable.
(2) Letters of Reprimand are grievable up to Step 3. The
decision at that point shall be final and binding.
8
(3) Any written reply submitted by an employee to a Letter of
Counseling or Letter of Reprimand will be attached to the
Letter and maintained with it in the file.
(B) A complaint by an employee with permanent status
concerning a reduction in base pay, suspension, or dismissal may be
grieved at Step 2 and processed through the Arbitration Step, in
accordance with the Grievance Procedure in ARTICLE 10 of this
Agreement, provided the employee gives proper written notice within ten
(14) calendar days from the date of receipt of notice from the Sheriff's
Office. The notice of intent to grieve the matter must be personally
delivered to the Sheriff or his designee, or mailed to the Sheriff by
certified mail, return receipt requested.
SECTION 2 - Interrogation During Internal Investigations
(A) Procedure
In the course of any internal investigation, the interrogation
methods employed will be consistent with Sections 112.532(1) and
112.533(2)(a), Florida Statutes, set forth here:
~ 112.532. Law enforcement officers' and correctional officers'
rights.
All law enforcement officers and correctional officers employed
by or appointed to a law enforcement agency or a correctional
agency shall have the following rights and privileges:
(1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND
CORRECTIONAL OFFICERS WHILE UNDER
INVESTIGATION. --Whenever a law enforcement officer or
correctional officer is under investigation and subject to
interrogation by members of his or her agency for any reason
which could lead to disciplinary action, demotion, or dismissal, such
interrogation shall be conducted under the following conditions:
(a) The interrogation shall be conducted at a reasonable hour,
preferably at a time when the law enforcement officer or
correctional officer is on duty, unless the seriousness of the
9
investigation is of such a degree that immediate action is required.
(b) The interrogation shall take place either at the office of the
command of the investigating officer or at the office of the local
precinct, police unit, or correctional unit in which the incident
allegedly occurred, as designated by the investigating officer or
agency.
(c) The law enforcement officer or correctional officer under
investigation shall be informed of the rank, name, and command of
the officer in charge of the investigation, the interrogating officer,
and all persons present during the interrogation. All questions
directed to the officer under interrogation shall be asked by or
through one interrogator during anyone investigative interrogation,
unless specifically waived by the officer under investigation.
(d) The law enforcement officer or correctional officer under
investigation shall be informed of the nature of the investigation
prior to any interrogation, and he or she shall be informed of the
name of all complainants.
(e) Interrogating sessions shall be for reasonable periods and
shall be timed to allow for such personal necessities and rest periods
as are reasonably necessary.
(f) The law enforcement officer or correctional officer under
interrogation shall not be subjected to offensive language or be
threatened with transfer, dismissal, or disciplinary action. No
promise or reward shall be made as an inducement to answer any
questlons.
(g) The formal interrogation of a law enforcement officer or
correctional officer, including all recess periods, shall be recorded
on audio tape, or otherwise preserved in such a manner as to allow
a transcript to be prepared, and there shall be no unrecorded
questions or statements. Upon the request of the interrogated
officer, a copy of any such recording of the interrogation session
must be made available to the interrogated officer no later than 72
hours, excluding holidays and weekends, following said
interrogation.
10
(h) If the law enforcement officer or correctional officer under
interrogation is under arrest, or is likely to be placed under arrest as
a result of the interrogation, he or she shall be completely informed
of all his or her rights prior to the commencement of the
interrogation.
(i) At the request of any law enforcement officer or correctional
officer under investigation, he or she shall have the right to be
represented by counsel or any other representative of his or her
choice, who shall be present at all times during such interrogation
whenever the interrogation relates to the officer's continued fitness
for law enforcement or correctional service.
G) Notwithstanding the rights and privileges provided by this
part, this part does not limit the right of an agency to discipline or
to pursue criminal charges against an officer.
Section 112.533(2) (a):
Notwithstanding the foregoing provisions, the officer who is the
subject of the complaint, along with legal counselor any other
representative of his or her choice, may review the complaint and
all statements regardless of form made by the complainant and
witnesses immediately prior to the beginning of the investigative
interview: If a witness to a complaint is incarcerated in a
correctional facility and may be under the supervision of, or have
contact with, the officer under investigation, only the names and
written statements of the complainant and nonincarcerated
witnesses may be reviewed by the officer under investigation
immediately prior to the beginning of the investigative interview:
(B) Definitions
For the purpose of this section the following definitions of terms as used
in Section 112.532(1), Florida Statutes, shall apply:
(1) "Interrogation" means questioning of an employee by a supervisor
or investigator concerning any investigation that may result in discipline of that
employee. It does not include counseling sessions, or investigations which may
result in lesser forms of disciplinary action, or meetings at which the employee is
solely being advised of intended disciplinary action, and offered an opportunity
to explain why he should not be disciplined.
11
(2) "Complainants" refers to the complaining or charging party relative
to an incident, complaint, or reason.
(3) Where the Sheriff determines that a complaint is unsupported by
the facts or is otherwise without merit, or determines that the facts are
insufficient to charge or otherwise discipline the employee under investigation,
such conclusion will be so noted as part of the investigative record. Written
documents relative to the investigation are subject to the provisions of ARTICLE
17, Personnel Records.
(C) No employee shall be required to submit to a polygraph test or any
device intended to measure the truthfulness of the employee's response during an
investigation of a complaint or allegation. Polygraph test results of employees
under investigation will not be considered by the Sheriff.
(D) Alleged violations of the investigative rights provided for in this
section by an employee or the Union shall be investigated by the Sheriff. The
Sheriff Office shall provide the employee and the Union with an explanation
concerning the alleged violation and corrective action taken, if any.
(E) The Sheriff will make a good faith effort to complete all internal
investigations within sixty (60) days from the date the investigation is assigned to
the investigator, where practicable. Except in the case of a criminal investigation,
the employee shall be notified in writing of any investigation that exceeds one
hundred and twenty (120) calendar days. The employee under investigation shall
be advised of the results of the investigation at its conclusion.
(F) The provisions of this section may be grieved in accordance with
ARTICLE 10, up to and including Step 3 of the Grievance Procedure.
(G) In cases where the Sheriff determines that the employee's absence
from the work location is essential to the investigation, the sheriff may reassign
said employee to another position within fifty (50) miles from the employee's
current duty station.
12
SECTION 3 - Employee Copy
Each employee shall be furnished a copy of all disciplinary entries placed
in his official personnel file and shall be permitted to provide a written response
thereto. A copy of the employee's response shall be placed in the employee's
personnel file.
SECTION 4 - Notice
Notice of reduction in base pay, demotions, suspension, or dismissal
affecting an employee who has attained permanent status shall be in writing and
delivered to the employee in person or via certified mail.
ARTICLE 4-PROMOTIONS
Whenever a budgeted promotional vacancy exists in a Sergeant
classification, the Sheriff's Office shall fill such vacancy from an existing eligibility
list, if a valid eligibility list is in existence. Should there exist no valid eligibility list
at the time a budgeted promotional vacancy occurs, the Sheriff shall establish a
new eligibility list within one hundred twenty (120) days. Upon certification of
the new eligibility list by the Sheriff, the budgeted promotional vacancy shall be
filled. This paragraph shall not apply to temporary appointments to fill
temporary vacancles.
The Sheriff's Office will announce promotional examinations at least thirty
(30) days in advance of said examinations and shall explicitly spell out the
qualifications of the employees eligible to apply for and be accepted into such
examinations. The Sheriff will list the areas which the examination will cover, the
sources from which the examination is drawn, and whenever possible the location
of the sources.
Promotions to Sergeant shall be from an eligibility list, the ranking of which
shall be determined by:
(A) Written examination which will be written and administered by a law
enforcement testing company or other qualified, independent outside source,
which shall include questions relating to supervisory responsibilities, practices,
procedures, including, but not limited to, Sheriff's Office policies. The written
13
examination shall contain no less than twenty percent (20%) supervisory
questions); or
(B) Experience; or
(C) Supervisory evaluation; or
(D) Oral board; or
(E) Assessment Center or similar selection device; or
(F) Any combination of A through E.
The Sheriff shall announce the selection procedures to be utilized, the
allocation of points, factors to be considered, and section weights on the job
announcement covering the budgeted promotional vacancy.
. All persons on the Sergeant's eligibility list in effect on the date of execution
of this Agreement shall be grand-fathered onto the new established list.
. In order to be eligible to take the Sergeant's test, the applicant must not
have received any discipline resulting in a suspension or more severe penalty
within 365 days of announcement of the test date.
. Any person on the eligibility list shall be removed from the list if he or she
receives any discipline resulting in a suspension or more severe penalty.
. Any person promoted to the position of sergeant must serve a
probationary period of 365 days.
. An eligibility list shall remain in effect for twenty four (24) months from the
date of validation.
. The top seven (7) scores for sergeant shall establish the official sergeants
list. As promotions are made the next highest score will be moved to the official
Sergeant's list.
. All ties shall be considered one slot.
14
. If the list for sergeant goes below five (5) persons the list shall be
considered void.
. If a sergeant's position is posted and there are no applicants from the
eligibility list after ninety (90) days, the Sheriff may select a candidate regardless
of his or her place on the list.
. The Sheriff shall advise the union of any unfilled vacancies (but not
temporary vacancies) in a Sergeant's classification.
ARTICLE 5-SENIORITY
Seniority shall be determined by total of continuous accumulated paid
service with the Monroe County Sheriff's Office. Periods of authorized leave
without pay without a break in service shall not prevent the further accumulation
of paid service for seniority purpose.
Seniority shall be computed from the date of appointment to a certified
position in the Sheriff's Office as recorded on the personnel action form.
Seniority shall also accumulate during absences in which the employee is receiving
Worker's Compensation Benefits as a result of an injury sustained in his
employment with the Sheriff's Office. Seniority shall be utilized for the following
purposes:
(A) Vacation for each calendar year shall be drawn by employees on a
basis of seniority preference; provided, however, that the Sheriff's Office shall
retain the right to disregard seniority preference in the event that it becomes
necessary to do so in order to provide adequate coverage in certain specialized
areas during any given vacation period. Nothing contained herein shall be
interpreted as restricting the Sheriff's right to cancel all vacations during any given
period in the event of disaster or emergency.
(B) In the event of a vacancy in any division or unit (non-promotional
vacancy) within the Office, seniority will be considered along with skills, abilities,
job requirements, and other factors.
(C) In the event of personnel reduction, employees shall be laid off in the
inverse order of their seniority in their classifications provided, however, that
where two or more employees have seniority standing within (6) months of each
15
other the Sheriff shall determine the order of layoff based on education and
performance evaluation. If more than one classification is affected, an employee
laid off from a higher classification shall be given an opportunity to revert to the
next lower classification, provided that the employee is fully qualified to perform
the work in that lower classification. Upon reverting to a lower classification, an
employee's seniority shall be determined by the date of the employee's permanent
appointment to that classification. All temporary, provisional, limited term and
probationary employees shall be laid off before any permanent employee is laid
off or reduced in classification.
(D) Employees shall be recalled from layoff in accordance with their
seniority in the classification from which they were laid off in the department.
No new employees shall be hired in any classification until all employees on
layoff status in that classification have had an opportunity to return to work;
provided, however, that in the discretion of the Sheriff, such employees are
physically capable of performing the work available at the time of recall and,
further, meet all standards set by the State Criminal Justice Standards and Training
Commission and in effect at the time of recall. No laid off employee shall retain
recall rights beyond eighteen (18) months from the date of layoff.
ARTICLE 6 - GENERAL WAGE INCREASES, CHANGES IN
ANNUAL LEAVE ACCRUAL, HOLIDAY PAY, LONGEVITY PAY
The Sheriff and FOP agree to a three-year pay plan including pay raises,
changes in annual leave accrual, vacation buy back and longevity bonuses for
certain senior employees, and changes in the way holiday pay is implemented.
These changes are described in a written explanation and in a spreadsheet
detailing the changes for each employee. The written explanation is set forth
below: The spreadsheet, which is incorporated in this Agreement, is attached as
Exhibit A.
Written Explanation
The Fraternal Order of Police (FOP) has proposed and the Sheriff has
agreed to a pay plan for its members that has 11 steps for deputies and 9 steps for
sergeants. The pay plan includes adjustments to vacation accrual rates.
Previously, vacation accruals rates are based on each member earning a
specified number of annual leave days based on their seniority. For example,
members who worked holidays received accruals in an amount that allowed them
16
15 days off in their fust year. Employee accruals increased each year until they
reach 10 years service and receive 25 days of annual leave. Five of the days are
for working holidays, the remaining days are vacation.
The result of this practice was that individuals working longer shifts were
receiving a larger benefit than those working shorter shifts. For example, a
person with five years seniority, working a 12.25 hour shift earned 244.92 hours
of vacation/holiday time. That amount of time allowed them to be away of
work 10.99% of the time. An employee with the same seniority, working an 8.0
hour shift, earns 160 hours and can be away from their post 7.69% of the time.
This disparity is outlined graphically below:
12.00%
10.00%
:>. 8.00%
ftl
~ 6.00%
Q)
E
j:: 4.00%
2.00%
0.00%
Comparison of Time Away From Work
1111 Series11
8.00
10.50
Shift in Hours
12.00
12.25
8.50
Holiday leave was built into the bi-weekly accruals given to employees.
The Sheriff and FOP agree to change this practice by having the time credited to
the individuals vacation balance in the payroll period the holiday occurs. This
change in how holiday leave is distributed would not reduce the annual benefit
provided to anyone.
In addition, the Sheriff and FOP agree that the vacation accruals for all
members, regardless of shift, be changed to the following:
Year One
Year Two
Year Three
- .038471 per hour worked
- .042353 per hour worked
- .046118 per hour worked
17
Year Four
Year Five
Year Six
Year Seven
Year Eight
Year Nine
Year Ten
- .050000 per hour worked
- .057647 per hour worked
- .061529 per hour worked
- .065412 per hour worked
- .069176 per hour worked
- .073059 per hour worked
- .076941 per hour worked
This plan results in all members of the Sheriff's Office earning an equal
amount of vacation per hour of scheduled work (excludes overtime hours,
special pays, etc). This change will cause a reduction in the number of vacation
hours earned by those individuals working a 10, 10.5, 12, and 12.25 hour shift.
Those individuals currently working 8 will gain a few hours annually and
members on 8.5 hours shifts will not be affected at all. This reduction will take
place over the term of the contract, with one third being taken at the beginning
of each contract year. Effective the date of contract ratification, new employees
accrue vacation hours based on the schedule outlined above.
The spreadsheet attached as Exhibit A outlines the final agreement of the
Sheriff and FOP The spreadsheet is sorted by rank and years of service.
For example, a two year deputy, working a twelve hour shift, currently
earns 191.88 hours of vacation/holiday pay. If we remove the 60 hours of
holiday pay (12 hours * 5 days) and credit the employee's vacation balance as the
holiday occurs, the deputy is left with 131.88 hours of vacation. Under the
proposed new accrual rates, the deputy would earn 92.50 hours of vacation time
(2184 hours worked annually * .042353). The reduction of 39.38 hours would
then take place in three increments of 13.13 hours at the beginning of each
contract year and would be accomplished by altering the bi-weekly accrual rates.
For those members who will receive less than a 21 % increase in salary over
the term of the contract, the Sheriff will purchase the vacation time relinquished.
This purchase will be at the current hourly rate and be included in the second
payroll of September. In the example above, the deputy would be paid for the
13.13 hours of leave at their current hourly rate in the second payroll of
September. At the end of the three years, the payments would stop and the
vacation accruals would be at the proposed rates. In order to be eligible for the
payment, the member must be employed when the benefit is paid (no prorated
benefits will be paid).
18
The Sheriff will pay a longevity award of 1 % for those members with
fifteen years of service. The longevity bonus will increase to 3% when the
member reaches twenty years of service. The bonus will be paid in the second
payroll of September to coincide With the end of the fiscal year. In order to be
eligible for the award, the member must be employed when the benefit is paid (no
prorated benefits will be paid).
The wellness award currently in place would remain in effect and be paid
in the second payroll of September.
ARTICLE 7-Hurricanes
(A) All employees in both collective bargaining units are required to
work before, during, and after the approach, landfall, and departure of hurricanes
and tropical storms in or near the State of Florida. The Sheriff can change work
schedules and duty assignments as he sees fit to best serve the needs of the public
in response to these events.
(B) Once each year, the Sheriff will receive written requests for
exemption from this requirement. Exemptions will be granted or denied on a
case-by-case basis. A written response will be provided to all persons who apply
for exemption. Grants or denials of requests for hurricane exemption are not
grievable under the provisions of ARTICLE 10.
(C) Any employee who does not report for duty as required under the
terms of this ARTICLE and has not received written exemption from its
requirements is subject to termination.
ARTICLE 8-INSURANCE BENEFITS
The Sheriff agrees to maintain the level of health insurance coverage
currently enjoyed by the Bargaining Unit employees as of October 1,2004, for
the life of this Agreement, if the Board of County Commissioners continues to
makes those benefits available to Sheriff's Office employees on those terms. If
the Board changes required employee contributions, co-pay amounts, deductibles,
coverage limits, or other terms and conditions of the county health insurance
plan, the costs of such changes will be passed on to the employees.
19
ARTICLE 9-MANAGEMENT RIGHTS
The FOP and the bargaining unit employees recognize that the Sheriff the
exclusive right to manage and direct the Monroe County Sheriff's Office.
Accordingly, the Sheriff reserves the exclusive right to hire, fire, demote, suspend
(for just cause), promote, and lay-off employees; transfer employees from
location to location and from time to time; rehire employees; determine the
starting and quitting time, determine the work schedule, maintain the efficiency
of employees by communication through supervisory personnel; merge,
consolidate, subcontract, expand, or close the Office(s) or any part thereof or
expand, reduce, alter, combine, assign or cease any jobs; control the use of
equipment and property of the County; fill any job on a temporary, emergency, or
interim basis; determine the number, location, and operation of headquarters,
annexes, divisions, substations, and departments thereof; schedule and assign the
work to the employees and determine the size and composition of the work
force; formulate and implement office policy, rules, and regulations; and
introduce new or improved services, maintenance procedures, materials, facilities
and equipment. If the Sheriff fails to exercise anyone or more of the above
functions from time to time, it shall not be deemed a waiver of the Sheriffs rights
to exercise any or all of such functions. Any right or privilege of the Sheriff not
specifically relinquished by the Sheriff in this Agreement shall remain with the
Sheriff.
ARTICLE to-GRIEVANCE PROCEDURE
The Sheriff and Union encourage informal discussions between
supervisors and employees of employee complaints. Such discussions should be
held with view to reaching an understanding that will resolve the matter in a
manner satisfactory to the employee and the Sheriff without need for recourse to
the formal grievance procedure prescribed by this ARTICLE 10. The formal
grievance procedure may be invoked only by submission of a written notice of
grievance signed by the grievant or Union representative.
SECTION t - Definitions
As used in this ARTICLE:
(A) "Grievance" means disputes involving the interpretation or
application of the specific provisions of this Agreement, except as exclusions are
20
noted in this Agreement.
(B) "Employee" means an individual employee or a group of
employees, all of who are members of the Bargaining Unit, having the same
grievance. In the case of a group of employees, one employee must be
designated by the group to act as spokesperson and to be responsible for
processing the grievance.
(C) "Days" means calendar days.
SECTION 2 - Representation
(A) An employee who decides to use this Grievance Procedure must
submit written notice of the grievance signed by the grievant or Union
Representative. If the employee is represented by the Union, any decision
mutually agreed to by the Sheriff and Union shall be binding on the employee.
(B) Where an employee requests Union representation, the employee's
representative shall be selected from the list of FOP Grievance Representatives
or Union Staff Representatives that has been provided to the Sheriff by the
Union. When an employee has been appropriately designated to serve as a
Grievance Representative and the Sheriff has been notified in accordance with
ARTICLE 18, Section 2, Paragraph (B), the Grievance Representative shall be
authorized to investigate grievances and represent grievants in accordance with
this ARTICLE, subject to the following limitations:
(1) A Grievance Representative is not allowed time off with pay
to investigate his own grievance. A Grievance Representative will be
compensated for performing Grievance Representative duties by the Sheriff. The
individual must clearly indicate on their timesheet that the time is administrative
leave with pay. Nothing in this Agreement restricts a Grievance Representative
from performing Grievance Representative duties while off-duty.
(2) A Grievance Representative is authorized to use a maximum
of one consecutive hour of time to investigate a single grievance. Grievances
involving more than one employee that arise at one time and involve substantially
the same facts as to all aggrieved employees are considered a single grievance.
The Sheriff or his designee may authorize additional time to investigate
grievances involving either exceptionally complicated facts or an unusually large
number of employees.
21
(a) If an employee selects a Grievance Representative to
represent him in a grievance that has been properly fIled in accordance with this
ARTICLE, the Grievance Representative may be allowed a reasonable amount of
paid time to represent the grievant at the Step 1 meetings that are held during
regular work hours. Use of time in these circumstances shall be subject to prior
approval by the Grievance Representative's immediate supervisor; however,
approval of such time off will not be withheld, if the Grievance Representative
can be allowed such time off without interfering with, or unduly hampering the
operations of the Unit to which the Grievance Representative is regularly
assigned. Approved time for grievance meetings shall be recorded on the
Representative's timesheet as administrative leave with pay. The Grievance
Representative's immediate supervisor will notify the grievant's supervisor before
allowing the Grievance Representative time off to investigate the grievance.
(b) Investigations will be conducted in a way that does
not interfere with the Sheriff's operations.
(c) The Grievance Representative must be selected from
those Grievance Representatives within the same work Unit as the grievant's work
Unit. If no Grievance Representative is located in the grievant's work Unit, the
Grievance Representative must be selected from the work Unit which is located
closest to the grievant's work location. In no case shall a Grievance
Representative who is on duty be allowed to travel more than fIfty (50) miles from
his offIcial work location in order to investigate a grievance. Such travel limitation
shall not apply when the Grievance Representative is not on duty.
(d) A Grievance Representative, selected to represent an
employee as provided in this ARTICLE, is a required participant at the Step 1
grievance meeting.
(C) Both the employee and the employee's representative, if any, shall
be notifIed of the Step 1 meeting. Further, all communication concerning written
grievances or their resolution shall be in writing and a copy shall be sent to both
the employee and the employee's representative.
(D) If the employee is not represented by the Union, any adjustment of
the grievance shall be consistent with the terms of this Agreement, the Union
shall be given reasonable opportunity to be present at any meeting called for the
resolution of the grievance, and processing of the grievance will be in accordance
with the procedures established in this Agreement. The Union is not bound by
22
the decision of any grievance in which the employee chose not to be represented
by the Union, nor shall such decision establish precedent that may be relied upon
by the Union in other grievances.
(E) The resolution of a grievance before its submission in writing at
Step 3 shall not establish a precedent binding on either the Sheriff or the Union
in other cases.
(F) Any employee who files a grievance, Union member or not, must
send a copy of the grievance to the Union. Any Union member has the right to
use or not use the Grievance Representative.
SECTION 3 - Procedures
(A) Within fourteen (14) days of when the employee knew or should
have known the violation occurred, employee grievances filed in accordance with
this ARTICLE should be presented in writing and handled prompdy at the lowest
level of supervision having the authority to adjust the grievances. The lower level
supervisors' decision shall not set a precedent.
(B) There shall be no reprisals against any of the participants in the
procedures contained herein because of such participation.
(C) If a grievance meeting is held or requires reasonable travel time
during the working hours of any required participant, such participant shall be
excused without loss of pay for that purpose. Attendance at or travel to
grievance meetings outside of regular working hours is not paid time.
(D) Grievances shall be presented and adjusted in the following manner
and no one individual may respond to a grievance at more than one written step.
(E) At any time any step of the grievance procedure may be extended
by mutual agreement. Such agreement must be in writing and signed by the
Union or employee and the Sheriff.
(1) Step 1
(a) The Step 1 Management Representative for the Law
Enforcement Unit is the employee's lieutenant or director.
23
(b) In filing a grievance at Step 1, the employee or the designated
employee representative shall submit to the Step 1 Management Representative a
grievance form furnished by the Union setting forth specifically the complete
facts on which the grievance is based, the specific provision or provisions of the
Agreement allegedly violated, and the relief requested. All written documents to
be considered by the Step 1 Management Representative shall be submitted with
the grievance form within fourteen (14) days of when the employee knew or
should have known the violation occurred; however, if additional written
documentation is obtained after the grievance is filed; such documentation may
be presented at the Step 1 meeting.
(c) The Step 1 Management Representative or his designated
representative shall have a meeting to discuss the grievance and shall
communicate a decision in writing to the employee and the employee's
representative, if any, within fourteen (14) days following the date the grievance is
received at Step 1.
(d) The failure of the Step 1 Management Representative to
communicate the decision within the specified time limit shall permit the
employee or the Union where appropriate, to proceed to the next step.
(e) The number of days indicated at this Step shall be
considered as the maximum, and every effort will be made to expedite the
process. However, the time limits specified may be extended in writing, in any
specific instance, by mutual agreement.
(2) Step 2
(a) The Step 2 Management Representative for the Law Enforcement
Unit is the employee's captain or bureau commander.
(b) If the grievance'is not resolved to the employees' satisfaction by
Step 1, the employee or union may forward the grievance to the Step 2
Management Representative. Written notice of intent to proceed to Step 2 must
be delivered within fourteen (14) days after receipt of the decision at Step 1. The
grievance shall include a copy of the grievance form submitted at Step 1 and a
copy of the Step 1 response, together with all written documents in support of
the grievance. When the grievance is eligible for initiation at Step 2, the grievance
form must contain the same information as a grievance filed at Step 1 above.
24
(c) The Step 2 Management Representative may have a meeting with
the employee or the designated Union Staff Representative to discuss the
grievance. The Step 2 Management Representative shall communicate a decision
in writing within fourteen (14) days following receipt of the written grievance.
(d) The failure of the Step 2 Management Representative to
communicate the decision within the specified time limit shall permit the
employee, or the Union where appropriate, to proceed to the next step.
(e) The number of days indicated at this step shall be considered as the
maximum, and every effort will be made to expedite the process. However, the
time limits specified may be extended in writing, in any specific instance, by
mutual agreement.
(3) Step 3
(a) The Step 3 Management Representative is the Sheriff or
Undersheriff for all employees.
(b) If the grievance is not resolved to the employee's satisfaction at
Step 2, the designated Union representative, or the employee if not represented
by the Union, may appeal the Step 2 decision, in writing, to the Step 3 of the
Grievance Process. Written notice of intent to proceed to Step 3 must be
delivered within fourteen (14) days after receipt of the decision at Step 2. . The
grievance shall include a copy of the grievance form submitted at Steps 1 and 2,
the decisions at those steps, together with all written responses and documents in
support of the grievance. The Sheriff or Undersheriff may have a meeting with
the designated Union representative and or the grievant to discuss the grievance.
When the grievance is eligible for initiation at Step 3, the grievance form must
contain the same information as the grievance filed at Step 1 above.
(c) The Sheriff or Undersheriff will communicate a decision in writing
to the employee and the Union representative within fourteen (14) days after
receipt of the notice of intent to appeal to Step 3.
(d) The failure of the Sheriff or Undersheriff to communicate the
decision within the specified time limit shall permit the employee or the Union
where appropriate, to proceed to the next step.
25
(e) The number of days indicated at this step is the maximum.
Reasonable efforts will be made to expedite the process. However, the time limits
specified may be extended in writing, in any specific instance, by mutual
agreement.
(f)
at Step 3.
Grievances involving termination of employment are filed directly
(g) All class action grievances that effect 2 (two) or more bargaining
unit employees shall be filed at Step 3.
(h) The Sheriff or Undersheriff shall have 60 days to respond to a class
action grievance.
(4) Arbitration
(a) If the grievance is not resolved at Step 3, the Florida State Lodge
Fraternal Order of Police or a designated employee of the staff may appeal the
Step 3 decision to Arbitration within fourteen (14) days after receipt of the
decision at Step 3. If, at the initial step, the Union refused to represent the
employee because he was not a dues-paying employee of the Union, the
employee may appeal the grievance to Arbitration for matters where arbitration is
available under the terms of this Agreement.
(b) The parties may, by mutual agreement in writing, submit related
grievances for hearing before the same arbitrator.
(c) The arbitrator may be any impartial person mutually agreed upon by
the parties. In the event the parties are unable to agree upon said impartial
arbitrator within ten (14) calendar days after the Union request for arbitration, the
parties shall jointly request a list of five (5) names from the Federal Mediation
Conciliation Service. Within 14 calendar days of receipt of the list, the parties
shall alternatively strike names, the Sheriff striking first. The remaining name shall
act as the Arbitrator. On an alternating basis, in the next arbitration case, the
Union will strike first.
(d) Arbitration hearings shall be held at times and locations mutually
agreed to by the parties, taking into consideration the availability of evidence,
location of witnesses, existence of appropriate facilities, and other relevant
26
factors. If mutual agreement cannot be reached, the arbitration hearing shall be
held at the last work assignment location of the employee.
(e) The Arbitrator shall fashion an appropriate remedy to resolve the
grievance and, provided the decision is in accordance with his jurisdiction and
authority under this Agreement. The Arbitrator's decision shall be final and
binding on both parties.
1. The arbitrator must issue his decision no later than thirty (30)
days from the date of the closing of the hearing or the submission of briefs,
whichever is later.
2. The arbitrator's decision must be in writing and set forth the
arbitrator's opinion and conclusions on the precise issue(s) submitted. The
arbitrator shall be permitted, upon mutual agreement, to issue a bench decision
without a written opinion.
3. The arbitrator shall have no authority to determine any other
issue, and the arbitrator shall refrain from issuing any statement of opinion or
conclusion not essential to the determination of the issues submitted.
4. The arbitrator shall limit his decision strictly to the
application and interpretation of the specific provisions of this Agreement.
5.
any decisions:
The arbitrator shall be without power or authority to make
a. Contrary to or inconsistent with, adding to, subtracting from,
or modifying, altering or ignoring in any way, the terms of this Agreement, or of
applicable law or rules or regulations having the force and effect of law; or
b. Limiting or interfering in any way with the powers, duties and
responsibilities of the Sheriff under the Constitutions of the United States and
of the State of Florida, applicable law, and rules and regulations having the force
and effect of law, except as such powers, duties and responsibilities have been
abridged, delegated or modified by the expressed provisions of this Agreement.
6. The arbitrator's award may include back pay to the
grievant(s); however, the following limitations shall apply to such monetary
awards:
27
a. No award for back pay shall exceed the amount of pay the
employee would otherwise have earned at his regular rate of pay. No award of
back pay shall be retroactive to a date earlier than the date of the occurrence of
the event giving rise to the grievance under consideration and in no event more
than the time limits permitted for initiation of the grievance. Any award for back
pay shall be reduced by other income of the grievant so that no employee
receives more as a result of an award of back pay than the employee would have
earned had the employee remained on the payroll.
b. No award for back pay shall exceed the actual loss to the
employee. Punitive damages cannot be awarded.
(f) The fees and expenses of the arbitrator shall be borne equally by
both parties; however, each party shall be responsible for compensating and
paying the expenses of its own representatives, attorneys, and witnesses.
(g) The Union will not be responsible for costs of an arbitration to
which it was not a party.
SECTION 4 - Time Limits
(A) Failure to initiate or appeal a grievance within the time limits
specified shall be deemed a waiver of the grievance.
(B) Failure at any step of this procedure to communicate the decision
on a grievance within the specified time limit shall permit the employee, or the
Union where appropriate, to proceed to the next step.
(C) Claims of either an untimely filing or untimely appeal shall be made
at the step in question or shall be deemed waived.
SECTION 5 - Exceptions
(A) Nothing in this ARTICLE or elsewhere in this Agreement shall be
construed to permit the Union or an employee to process a grievance on behalf
of any employee without his consent.
(B) If a grievance arises from the action of an official higher than the Step 1
Management Representative, the grievance shall be initiated at Step 2 or 3 as
28
appropriate, by submitting a grievance form as set forth in Step 1 within fourteen
(14) days following the occurrence of the event giving rise to the grievance.
(2) A dispute involving the interpretation or application of a provision of this
Agreement, which gives a right to the Union as an employee organization, may be
presented by the Union as a grievance. Such grievance shall be initiated at Step 3
of this procedure, in accordance with the provisions set forth herein, within
fourteen (14) days of the occurrence of the event giving rise to the grievance.
(C) Any employee who has not attained permanent status as defined by the
Sheriff or his designee's "After a member of the classified service of the
Sheriffs Office has been employed for a period of one calendar year, the
member will have attained permanent status in the Office of the Sheriff." can
only bring non-discipline grievances to Step 3 as provided for in this
ARTICLE.
SECTION 6 - Grievance Arbitration Replaces Career Service Bill
Review of disciplinary action by the Career Service Board created under
Chapter 97-345, Laws of Florida, is not available to Bargaining Unit employees
during the term of this Agreement.
ARTICLE l1-DUES CHECKOFF
SECTION 1- Deductions
(A) During the term of this Agreement, the Sheriff, by and through its
respective agencies, agrees to deduct Union membership dues and uniform
assessments, if any, in an amount established by the Union and certified in writing
by the Representative of Florida State Lodge Fraternal Order of Police Inc., to
the Sheriff, from the pay of those employees in the Bargaining Units who
individually make such request on a written checkoff authorization form
provided by the Union. Such deduction will be made by the Sheriff's Office
when other payroll deductions are made and will begin with the pay for the first
full pay period following receipt of the authorization by the Sheriff.
(B) The Union shall advise the Sheriff of any uniform assessment or
increase in dues in writing at least thirty (30) days before its effective date.
29
(C) This ARTICLE applies only to the deduction of membership dues
and uniform assessments, if any, and shall not apply to the collection of any fines,
penalties, or special assessments.
(D) Employee organization dues deduction for operations officers will
be provided for the certified bargaining agent only.
SECTION 2 - Remittance
Deductions of dues and uniform assessments, if any, shall be remitted
exclusively to the Representative of the Florida State Lodge Fraternal Order of
Police Inc., on either a biweekly or monthly cycle along with a list containing the
names and amount deducted, of the employees for whom the remittance is made.
SECTION 3 - Insufficient Pay for Deduction
In the event an employee's salary earnings within any pay period, after
deductions for withholding, social security, retirement, and insurance, are not
sufficient to cover dues and any uniform assessments, it will be the responsibility
of the Union to collect its dues and uniform assessments for that pay period
directly from the employee.
SECTION 4 - Termination of Deduction
Deductions for Union dues and/or uniform assessments shall continue
until either revoked by the employee by providing the Sheriff and the Union with
thirty (30) days written notice that he is terminating the prior checkoff
authorization; pursuant to Section 447.507, Florida Statutes; termination of
employment; or the transfer, promotion, or demotion of the employee out of
this Bargaining Unit. If these deductions are continued when any of the above
situations occur, the Union shall, upon notice of the error, reimburse the
employee for the deductions that were improperly withheld.
SECTION 5 - Indemnification
The Union shall indemnify, defend and hold the Sheriff, his command
staff, attorneys, officers, officials, agents and employees, harmless against any
30
claim, demand, suit, or liability (monetary or otherwise) and for all legal costs
arising from any action taken or not taken by the Sheriff or his designee, its
officials, agents, and employees in complying with this ARTICLE. The Union
shall promptly refund to the Sheriff or his designee any funds received in
accordance with this ARTICLE which are in excess of the amount of dues
and/ or uniform assessments which the Sheriff has agreed to deduct.
SECTION 6 - Exceptions
The Sheriff or his designee will not deduct any Union fines, penalties, or
special assessments from the pay of any employee.
SECTION 7 - Processing the Dues Checkoff Authorization Form
(A) The Dues Checkoff Authorization Form supplied by the Union
(Appendix B) shall be in strict conformance with Appendix B; contain all the
information required for processing prior to submission to the Sheriff, and are
the only form authorized for this purpose.
(B) Changes in the Dues Checkoff Authorization Forms required by
(A) above will not affect deductions authorized by forms that the parties have
previously agreed to.
(C) Forms that are incorrectly filled out or do not contain all the
information necessary for payroll processing, postdated, or submitted to the
Sheriff more than sixty (60) days following the date of the employee's signature
will be returned to the Union.
ARTICLE 12-DEATH IN-LINE-OF-DUTY BENEFITS
The Sheriff shall maintain life insurance providing an additional $10,000
death benefit to each bargaining unit member during the term of this Agreement.
Any life insurance benefit provided by the Monroe County Board of County
Commissioners for Sheriff's Office employees will be provided to Sheriff's
Office employees.
31
ARTICLE 13-ALLOW ANCE FOR DAMAGED PERSONAL
PROPERTY
The Sheriff agrees to make pay an allowance for certain personal property of
employees that is damaged through no fault of the employee while in the line of
duty. Payment for any item will be made only once per fiscal year. A written
report, receipt, and supervisor's approval must be submitted. Payment is limited
to the cost of repair or replacement and shall not exceed the listed amounts.
Watches
Prescription Eyeglasses
Prescription Contact lenses
$100.00
$100.00
$150.00
ARTICLE 14-PERSONNEL RECORDS
(A) There shall be only one official personnel f1le for each employee,
which shall be maintained in the central personnel office of the Sheriff. The
official personnel f1le consists of the records of application, hire, assignment, pay,
discipline and commendations, and other items necessary for proper personnel
administration. Duplicate personnel f1les may be established and maintained by
the Sheriff or his command staff. Such duplicate personnel f1les may contain part
or all of the items filed in the official personnel f1le. Records of Internal Affairs,
discipline and commendations may be maintained in the Division of Internal
Affairs.
(B) An employee has a right to submit a concise statement responding
to any derogatory material in the employee's personnel f1le. This statement will
be maintained with the personnel f1le.
(C) An employee will have the right to review his own official personnel
fue and any duplicate personnel f1les at reasonable times under the supervision of
the designated records custodian. The employee shall be provided a copy of his
or her fue at no charge every twelve months. If an employee makes more than
one request for a copy of his f1le, the Sheriff will be obliged only to provide
material not previously provided to the employee.
(D) Where the Sheriff, the Public Employees Relations Commission,
the courts, an arbitrator, or other statutory authority determines that a document
has been placed in an employee's personnel f1le in error or is otherwise invalid,
such document will be placed in an envelope together with a letter of
32
explanation. The invalid or erroneous document shall be marked "NOT
VALID" and returned to the employee's personnel f1le. However, that nothing in
this provision shall grant any official, officer, or other person the authority to take
any action not otherwise authorized.
ARTICLE 15-UNION ACTIVITIES AND EMPLOYEE
REPRESENTATION
SECTION 1 - Definitions
The term "Grievance Representative," as used in this Agreement, shall
mean a Bargaining Unit Employee covered by this Agreement who has been
designated by the Florida State Lodge Fraternal Order of Police Inc.,_to
investigate grievances at the Oral Step and to represent grievant at the Step 1 and
Step 2 meetings on grievances which have been properly f1led under ARTICLE
10 of this Agreement, when the Union has been selected as the employee's
representative.
SECTION 2 - Designation of Employee Representatives
(A) From employees in the Bargaining Unit, the Union shall select a
reasonable number of Union Grievance Representatives (up to five (5)). The
Union shall furnish the Sheriff or his designee the name, social security number,
official class title, name of employing Sheriff or his designee's Office, and specific
work location of each employee who has been designated to act as a Grievance
Representative. The Sheriff or his designee shall not recognize an employee as an
authorized Grievance Representative until such information has been received
from the Union. The FOP will attempt to have a representative in each district
facility.
(B) The Employee Organization shall be represented by its Staff
Representative, or designee. It shall be the responsibility of the Employee
Organization to notify the Sheriff in writing of any change in the designation of
the Staff Representative, or designee, subsequent to the execution of this
Agreement.
(D) Three (3) members of the Employee Organization's negotiating
committee shall be permitted to attend, without loss of pay, the County
33
Commission meeting where final action is scheduled to be taken on approval (or
rejection) of a collective bargaining agreement to succeed this Agreement.
SECTION 3 - Bulletin Boards
The Sheriff shall permit the FOP to post notices relating to FOP business, and
names and addresses of officers, directors, and representatives of the FOP on
designated FOP bulletin boards located in conspicuous locations at all regular
work locations.
The Sheriff shall permit the FOP to use the Sheriff's Office mail delivery system
to include inner office, facsimile and electronic mail (e-mail) so long
as it does not create a burden on the mail delivery system. Mass or "blast" faxing
will not be permitted.
(C) The Sheriff agrees to provide space on bulletin boards for Union
use.
(D) The Union bulletin boards shall be used but not only limited for the
following notices:
(1) Recreational and social affairs of the Union
(2) Union meetings
(3) Union elections
(4) Reports of Union committees
(5) Union benefit programs
(6) Current Union Agreement
(7) Training and educational opportunities
(8) Decisions reached through consultation meetings, as
approved by the Division of Human Resources.
(9) Notices of wage increases or decreases for covered
employees
(C) Materials posted on these bulletin boards shall not contain anything
that violates or has the effect of violating any law, rule, or regulation, nor shall any
posted material contain anything reflecting adversely on the Sheriff or his
designee, or any of its officers or employees.
34
(D) Postings must be dated and bear the signature of an authorized
Union representative. A copy of each notice shall be provided to the appropriate
captain or lieutenant at the time of posting.
(E) A violation of these provisions by a Union Staff Representative or
an authorized representative shall be a basis for removal of bulletin board
privileges for that representative, after a meeting with the Sheriff has occurred.
(F) FOP Bulletin Boards shall be location as described below:
Cudjoe Substation
Marathon Substation
Special Operations
Islamorada Substation
Plantation Key Substation
Squad Room
Squad Room
Foyer
Squad Room
Squad Room
Key West Jail
Key Vaca Jail
Plantation Key Jail
Muster Room
Control Room
Control Room
SECTION 4 - Information
Upon request of the Florida State Lodge Fraternal Order of Police Inc.,
the Sheriff or his designee will, on a quarterly basis, provide the Union_with a list
giving the name, classification title, and gross salary for each employee in this
Bargaining Unit. This list will be prepared based on the latest information on ftle
at the time the list is prepared. Where employee lists are fully available at no cost
to non-public entities, they shall be made available to the Florida State Lodge
Fraternal Order of Police Inc.,_upon his written request, at no cost.
SECTION 5 - Job Task Analysis
The Sheriff will provide the Florida State Lodge Fraternal Order of Police
Inc., with a copy of any revisions to Job Task Analysis for positions within this
Bargaining Unit, and any revisions to the General Operations Manual. Any
request for additional copies of the Personnel Rules will be made by the Florida
State Lodge Fraternal Order of Police.
35
SECTION 6 - Representative Access
(A) The Sheriff or his designee agrees that accredited representatives of
Florida State Lodge Fraternal Order of Police Inc. shall have reasonable access to
the facilities of the Bureau of Operations to meet with employees of the
Bargaining Unit.
(B) If any area of the Sheriff premises is restricted to the public,
permission must be requested to enter such areas and such permission will not be
unreasonably denied. Such access shall be during the regular working hours of
the employee and shall not interfere with the Sheriff's operations.
SECTION 7 - Collective Bargaining
The FOP may by written notice to the sheriff select up to three members
to attended collective bargaining meetings. A designated employee will be
granted administrative leave with pay to attend any joint bargaining session with
the Sheriff's representatives which takes place during the scheduled work time of
the designated employee. Participation in or travel to a meeting taking outside
of scheduled work time will not be included as compensable work time
ARTICLE 16-TRAINING
The Sheriff and the Union recognize the importance of training programs
in the development of the employees of the Sheriff. The Sheriff agrees to abide
by the terms of the General Operations Manual concerning training
opportunities and career development.
SECTION 1 - Employee Education
(A) The Sheriff may allow employees time off with pay for the purpose
of attending short courses, institutes, and workshops which will improve their
performance in their current position.
(B) Such leave may be granted if the employee applies in advance in
writing specifying the course and his objectives related to his position; the
36
employee obtains permission of his Sheriff or his designee; and such leave does
not interfere with Sheriff's Office operations.
(C) No out-of-state travel will be approved to attend such courses,
institutes, or workshops when similar programs are available within the State of
Florida.
(D) This Section does not preclude the Sheriff from assigning
employees to attend training courses as determined by management.
SECTION 2 - Trainees
The Sheriff or his designee will make a good faith effort to ensure that
employees appointed with trainee status are enrolled in basic recruit training
within three months following such appointment.
SECTION 3 - Grievability
(A) Any claim by an employee or the Union concerning this ARTICLE
shall not be subject to the Grievance Procedure of this Agreement.
(B) If an officer is required to attend training for a certification or re-
certification during non-scheduled work time, such time need not be
compensated.
ARTICLE 17-RETIREMENT
Any employee who retires in good standing as set forth by FRS, and has
twenty-five (25) years of service with the Monroe County Sheriff's Office, shall
be allowed to keep the employee's M.C.S.O. duty badge, firearm (if issued) and
I.D. card at no cost.
ARTICLE 18-DRUG AND ALCOHOL TESTING
The employees covered hereunder shall be subject to Departmental
Standards as per current policy as directed in the Sheriffs Office General Manual
for cause as of the date of this agreement. This Directive establishes a drug-free
workplace within the Monroe County Sheriffs Office through fair and reasonable
37
drug or alcohol testing for the protection of the Office, the Employees, and the
Public as of the date of this agreement. However, the employees covered
hereunder shall not be selected for random drug testing more than twice in any
365 day period except for cause. This restriction does not apply to employees
assigned to any Narcotics Unit, or serving on the SWAT, CERT, or Dive Teams.
ARTICLE 19-UNIFORM AND INSIGNIA
The Sheriff shall issue uniforms and uniform accessories free of charge to
all Bargaining Unit employees who are required to wear them. Uniforms issued
to women may be designed and cut for women.
ARTICLE 20-NO STRIKE
(A) During the term of this Agreement, neither the Union nor its
officers or agents or any employee, for any reason, will authorize, institute, aid,
condone or engage in a slowdown, work stoppage, strike; interfere with the work
and statutory functions or obligations of the Sheriff, or engage in any other
activities prohibited by Section 447.203(6), Florida Statutes.
(B) The Union agrees to notify all of its local offices and
representatives of their obligation and responsibility under this ARTICLE and
for maintaining compliance with the constitutional and statutory prohibition
against strikes. The Union further agrees to notify employees of these
responsibilities, including their responsibility to remain at work during any
interruption which may be caused or initiated by others.
(C) The Sheriff may discharge or discipline any employee who violates
the provisions of this ARTICLE and the Union will not resort to the Grievance
Procedure on such employee's behalf; however, if the issue is whether or not the
employee engaged in activities prohibited by this ARTICLE, the Union may elect
to represent the employee in such grievance through the Grievance Procedure.
(D) Nothing contained herein shall preclude the Sheriff from obtaining
judicial restraint and damages in case of a violation of this ARTICLE.
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ARTICLE 21-SAVINGS CLAUSE
(A) If any provision of this Agreement is in contravention of the laws
or regulations of the United States or of this State, by reason of any court action
or existing or subsequently enacted legislation; or if the appropriate governmental
body having amendatory power to change a law, rule or regulation which is in
conflict with a provision of this Agreement fails to enact or adopt an enabling
amendment to make the provision effective in accordance with Section
447.309(3), Florida Statutes; then such provision shall not be applicable,
performed or enforced; but the remaining parts or portions of this Agreement
shall remain in full force and effect for the term of this Agreement.
(B) If any provision of this Agreement is found to have the effect of
causing the Sheriff to be denied funds otherwise available through federal
funding, then such provision shall not be applicable, performed or enforced.
ARTICLE 22-0FFICE RULES AND REGULATIONS
(A) It is agreed and understood that each employee will be provided access to
an electronic copy of any office manual, or memoranda which replaces, updates,
or supersedes the present manual containing the Office's rules and regulations
and a copy of this agreement. Any changes to the departmental manual shall be
distributed to the employees within sixty (60) days after formal adoption, or as
soon thereafter as practical.
(B) The FOP shall be provided a copy of the current office manual and any
memoranda that update or supersede portions of the manual.
ARTICLE 23-PREVAILING RIGHTS
(A) This Agreement shall not be construed to deprive any employee of
benefits or protection granted by federal, state, or local law in effect at the time of
execution of this Agreement, or taking effect at a later date, except that review of
disciplinary action by the Career Service Board created under Chapter 97-345,
39
Laws of Florida, is not available to Bargaining Unit employees during the term of
this Agreement.
(B) This ARTICLE shall not be construed to limit the Sheriff from
altering practices that could adversely affect the safety or welfare of any employee
or citizen of the County.
(D) Should the Sheriff or his designee alter a prevailing right as defined
in this ARTICLE based on its effect on the safety or welfare of any employee or
citizen of the County, the reason for the change shall be set forth in writing at the
time the change is announced. The Union shall have the right to impact bargain
concerning the change if it is in conflict with the provisions of this Agreement.
ARTICLE 24-INDIVIDUAL RIGHTS
Nothing contained in this collective bargaining agreement shall foreclose
any employee covered by this Agreement from pursuing any right or remedy
available under this Agreement without representation of the Employee
Organization. Further, nothing contained in this Agreement shall foreclose any
employee from discussing a problem directly with an immediate supervisor or
other departmental official without the intervention of the Employee
Organization, provided that the immediate supervisor or other departmental
official agrees to discuss or attempt to resolve the matter outside the formal
grievance procedure.
In matters involving a formal grievance, the Employee Organization shall
be given the opportunity to be present at any meeting called for the resolution of
such grievance.
ARTICLE 25-PHYSICAL EXAMINATIONS AND WORKERS
COMPENSATION BENEFITS
The Sheriff agrees to maintain the policies regarding these matters as were
in effect October 1,2004.
ARTICLE 26-]OB-CONNECTED DISABILITY
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SECTION 1- An employee, who sustains a job-connected disability, is
eligible for disability leave with pay in accordance with the following policy:
Workmen's Compensation Leave (Disability Leave)
The disability leave referred to here is administrative leave as a result of a
job-related injury.
For an absence to be considered and compensated by Worker's
Compensation, an authorized physician must submit in writing the diagnosis
and length of time the member is expected to be unable to work. If an
individual is released back to duty and subsequently calls in sick due to the
prior sustained injury, an additional authorized physician's note must be
provided, even for one day.
An authorized physician is a physician who is designated by the Monroe
County Workmen's Compensation Section. The original physician's note must
be forwarded to the Risk Manager for processing and follow up. Any injury or
physical condition resulting from horseplay or that is intentionally self-inflicted
will not be considered as duty-related.
The Sheriff may request medical and other evidence in order to
determine the current status and progress of the member's ability to perform
meaningful duties within the Office.
Compensation During Disability Leave
Members sustaining a service connected injury shall be compensated in
the following manner:
As per Florida State Statute 440.15 (12) - "Any law enforcement officer
who, while acting within the course of employment, is maliciously or
intentionally injured and who thereby sustains a job-connected disability
compensable under this chapter shall be carried in full-pay status rather than
being required to use sick, annual, or other leave. Full-pay status shall be
granted only after submission to the employing agency's head of a medical
report, which gives a current diagnosis of the employee's recovery and ability to
return to work. In no case shall the employee's salary and workers'
41
compensation benefits exceed the amount of the employee's regular salary
. "
reqUlrements.
Members wishing clarification on whether their injury falls under this
portion of the policy should provide a written statement which details the
circumstances surrounding the injury. This statement should be provided to
the Bureau Chief of Administration, via chain of command.
For all other injuries, the Monroe County Sheriffs Office will pay the
difference between workers' compensation benefits and the employee's regular
salary, taking into account the tax-free nature of workers' compensation
benefits, for a period of 90 calendar days after injury.
After 90 days, an employee may elect to receive payment of the
difference between workers' compensation and the regular salary of the
employee by using all available hours of category of leave in the order listed
below:
Comp time
Sick time
Vacation time
When the employee has exhausted all available leave or has been out for
a period of six months the employee will receive only the Worker's'
Compensation benefits and their position may be filled.
Under no circumstance will an employee be allowed to sell accrued leave
to earn in excess of their normal bi-weekly pay without the approval of the
Hardship Committee.
Check(s) received by the employee from the Monroe County insurance
carrier for wages are not to be cashed by the employee and must be promptly
forwarded to the Finance Division.
Personal leave and other benefit credits will continue to accrue during
any period of time a member is on disability leave for an on duty injury.
SECTION 2-Non-Work Related Illnesses/Injuries or Temporary
Disabilities (Light Duty)
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1. The Office recognizes the need to accommodate members who
have had a non-work related injury, illness or temporary disability with a light
duty assignment to compliment and facilitate the healing process. This policy
does not limit or deny the members rights under the Family and Medical Leave
Act or the Americans' with Disability Act.
2. Eligibility is restricted to employees who meet all of the following
cntena:
Are temporarily disabled,
Are approved by the treating physician to be a candidate for light
duty,
Have been employed with the Office for twelve months prior to
the injury, and
Worked at least 1250 hours (full time employees) or 625 hours
(part time employees) in the past 12 months prior to the request.
3. When all leave is exhausted the employee must return to full duty.
If the employee can not return to full duty, the employee may resign, take a
leave of absence or accept another position within the agency, if available,
which accommodates their physical work abilities, with the appropriate pay
adjustment.
4. Light duty assignments are limited to 90 days from the date of
injury /illness or disability. During the employee's light duty assignment the
employee's salary and accrual rates will remain the same.
The employee requesting a light duty assignment must have the treating
physician complete the physician's statement form. This form will outline the
employee's functional limitations and provide an expected date the employee
will be able to return to full duty. The completed physician's statement form
will be submitted to the Executive Director of Human Resources via the
Chain-of-Command. The Office reserves the right to obtain a second opinion
from a physician of its choosing.
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Human Resources will, upon receiving the request, search for a light
duty assignment that accommodates the restrictions placed by the treating
physician and fulfills the needs of the Office.
Human Resources will notify the employee and the appropriate
supervisor of the light duty assignment identified.
If a light duty assignment can not be identified the employee will be
notified and may discuss leave options with their immediate supervisor.
Employees on light duty will be required to work their normal amount
of hours unless otherwise stated on the physician statement form. If the
physician indicates the employee is not able to work their normal amount of
hours they will be compensated for the hours they are able to work. Accrual
rates for leave benefits will be based on the number of hours the individual is
paid.
The employee will be required to use accrued leave time for medical
appointments while on light duty. If the employee does not have any accrued
leave time, the leave will be without pay.
The employee will continue to accrue sick and vacation time and all
other benefits in accordance with current policy and procedures while on the
light duty assignment.
If at the end of the 90 days light duty assignment the employee is not
able to return to their normal duty assignment, the employee may use accrued
leave, compensatory time, apply to the sick leave pool, or accept another
position which they can reasonably complete given their limitations. The salary
of the affected individual will be changed to the level of their new position
giving them credit for their years of service with the Office.
ARTICLE 27-TIME POOL FOR UNION BUSINESS
The Sheriff agrees to accept annual leave donations from unit members to
be used for Union business. The total time in the time pool will not exceed two
hundred (200) hours. Any time in the time pool that remains at the end of the
fiscal year will be carried over to the next fiscal year.
44
Members of the collective bargaining unit may apply to use time pool time
for the following purposes:
FOP meetings
FOP training and seminars
State and national Law Enforcement Officer Memorial events
Grievance Representative duties
Collective bargaining sessions
Attending public budget hearings pertaining to or resolution of
impasse hearings before the county commission.
Charges against the FOP time pool shall only be made when approved by
the FOP President and the Sheriff. Charges to the time pool must be clearly
indicated on the employee time sheet.
This article is excluded from the Grievance Procedure.
ARTICLE 28- TEMPORARY ASSIGNMENT TO A HIGHER
CLASSIFICATION
If a sergeant is unable to work a regularly scheduled shift, the Sheriff will
designate an Acting Sergeant. While serving as Acting Sergeant, an employee will
receive an additional five percent (5%) compensation above the regular pay rate
of the employee.
ARTICLE 29-CLASSIFICATION REVIEW
When an employee alleges that the employee is being regularly required to
perform duties which are not included in the position description of the position
being filled by the employee, and the employee alleges that the duties assigned are
not included in the official Job Task Analysis to which the position is allocated,
the employee may request in writing to Human Resource review the duties
assigned to the employee's position. The Sheriff shall review the duties as
requested. The employee will receive a copy of the written decision within sixty
(60) days of the request. If the decision is that the duties assigned are sufficient to
justify reclassifying the position, either the position will be reclassified or the
45
duties in question will be removed. The decision of the Sheriff shall be final and
binding. If the position is reclassified and requires a pay increase, the Sheriff
shall request additional funds for additional pay in the next regularly scheduled
budget cycle.
ARTICLE 30-AUTHORIZED USE OF PRIVATE AUTOMOBILES
Any employee authorized to use, by the sheriff, his/her private automobile
in the performance of his/her official sheriff's Office duties out of the county
shall be compensated at the mileage rate set by the Sheriff for such travel. Such
mileage shall be computed based on the distance between the employee's regular
duty station and the place of assignment or the employee's residence and the
place of assignment, whichever is shorter. Mileage shall not be paid for
commuting to and from the regular duty station, nor shall mileage be paid for
travel to and from off-duty court appearances and/or off duty shooting range
appearances.
ARTICLE 31-SPECIAL ASSIGNMENT PAY
(A) Employees assigned as detectives in the Investigations Division shall
receive special assignment pay of five percent (5%) of their base pay while
assigned to investigations. The Sheriff may remove employees from detective
assignments as he sees fit. The Sheriff's decision regarding appointment to or
removal from detective positions is not grievable.
(B) Employees assigned as Field Training Officers shall receive a special
assignment pay of five percent (5%) of their base pay while actively engaged in
field training activities. The Sheriff may remove employees from FTO
assignments as he sees fit. The Sheriff's decision regarding appointment to or
removal from FTO positions is not grievable.
(C) K-9 Officers shall receive four (4) hours of pay per week in addition to
their regularly scheduled duties for care and feeding of their animals. The Sheriff
may remove employees from K-9 assignments as he sees fit. The Sheriff's
decision regarding appointment to or removal from K-9 positions is not grievable
46
ARTICLE 32-REASSIGNMENT, TRANSFER, CHANGE IN DUTY
STATION
Employees who have attained permanent status as defined by the General
Operations Manual, which was in effect at the time of ratification of this
agreement_and who meet all eligibility requirements shall have the opportunity to
request reassignment to vacant positions within their respective agencies in
accordance with the provisions of this ARTICLE.
SECTION 1- Definitions
As used in this ARTICLE:
(A) "Duty station" shall mean the place that is designated as an
employee's official headquarters.
(B) "Change in duty station" shall mean the moving of an employee to
a duty station.
(C) "Reassignment" shall mean the moving of an employee from one
position in a class to a different position in the same class.
(D) "Transfer". shall mean the moving of an employee from one
geographic area of the Sheriff or his designee to a different geographic location
at least fifty (50) miles distant.
(E) "Sheriff's Office needs" are those actions which the Sheriff decides
to take in order to meet its mission of protecting the public, providing a safe and
humane environment for staff and offenders, working in partnership with the
community to provide programs and services to offenders and supervising
offenders at a level of security commensurate with the danger they present.
SECTION 2 - Procedures
(A) An employee who has attained permanent status may apply for a
reassignment as long as they have been in their current position for 1 year prior to
be considered for a transfer.
47
(B) An employee may submit a Request for Transfer any time a notice is
posted. Such submissions shall be made within ten (10) days of the position
posting or other period specified on posting of position, not to exceed thirty (30)
days.
(C) The hiring authority shall normally fill a permanent vacancy with
the employee who has the greatest length of service in the class and who applies
for the vacancy. The parties agree, however, that other factors, such as
employees' work history, performance, training, and disciplinary history, and
Sheriff's Office needs, will be taken into consideration in making the decision as
to whether or not the employee with the greatest length of service in the class
will be placed in the vacant position.
(F) All employees have access to the Sheriff Office's transfer file upon
request.
SECTION 3 - Involuntary Reassignment, Transfer, Or Change in Duty
Station
Nothing contained in this Agreement shall be construed to prevent the
Sheriff, in his discretion, from effecting the involuntary reassignment, transfer or
change in duty station of any employee according to the needs of the Sheriff's
Office; however, the Sheriff's Office will make a good faith effort to take such
action only when dictated by the needs of the Sheriff's Office and in each case,
will take into consideration the needs and circumstances of the employee prior to
taking such action.
SECTION 4 - Notice
When possible, an employee shall be given a minimum of fourteen (14)
calendar days notice before the Sheriff's Office effecting any reassignment or
transfer of the employee. In the case of a transfer, the Sheriff's Office will make
a good faith effort to give a minimum of thirty (30) calendar days notice. The
parties agree, however, that these notice requirements shall not be required during
an emergency.
ARTICLE 33-HOURS OF WORK AND OVERTIME
48
SECTION 1 - Hours of Work and Overtime
(A) The normal work period for each full-time employee shall not
exceed 171 (one hundred and seventy one) hours in any 28 (twenty-eight) day
cycle.
1. A normal working day for the patrol divisions will consist of a 12
hour day. A normal working day for detectives, school resource
officers, public relations officers, civil officers, marine officers,
traffic officers, and other administrative officers varies based on the
position. These positions currently work 8, 8.5, 10, or 10.5 shifts.
Any change hours, other than for emergency purposes, is not
allowed by contract; unless a majority of the bargaining unit has
accepted the change in a formal vote.
2. No change in shifts will be allowed, by contract, unless voted on
by a majority of the bargaining unit affected. Shifts will remain to
the A, B, C, and D shifts except in emergency situations and
implemented by the Sheriff.
(B) Management retains the right to schedule its employees; however,
the Sheriff or his designee will make a good faith effort, whenever
practical, to provide the employees with consecutive hours in the
workday and consecutive days in the workweek.
(C) The Sheriff will comply with all of the terms of the Federal Fair
Labor Standards Act as from time to time amended.
(D) Nothing herein shall require the payment of straight time or time
and one-half when an insubstantial amount of time is worked in
excess of the length of the employee's normal shift. For the
purpose of this ARTICLE, an insubstantial amount of time shall
be considered any period of time less than one-quarter C/4) hour.
(E) Management retains the right to approve or disapprove time off for
its employees. However, the Sheriff will make a good faith effort,
whenever practical, to allow employees to use compensatory leave
credits as requested by the employee. Failure to approve an
49
employee's specific request shall not be grievable under the
provisions of ARTICLE 10 of this Agreement
(G) Members called into work on a regularly scheduled day off shall be
compensated for a minimum of two hours worked.
SECTION 2 - Work Schedules, Vacation and Holiday Schedules
(A) When regular work schedules are changed, employees' normal work
schedules, showing each employee's shift, workdays and hours, will be posted no
less than fourteen (14) calendar days in advance, unless the sheriff determines a
manpower shortage exist, and will reflect at least a two (2) workweek schedule;
however, the Sheriff or his designee will make a good faith effort to reflect a one
(1) month schedule. With prior written notification of at least three (3) workdays
to the employee's immediate supervisor, employees may mutually agree to
exchange days or shifts on a temporary basis. If the immediate supervisors
object to the exchange of workdays or shifts, the employee initiating the
notification shall be advised that the exchange is disapproved.
(B) Where practical, shifts, shift transfers and regular days off shall be
scheduled with due regard for the needs of the Sheriff's Office, seniority and
employee preference. The Sheriff and the Union understand that there may be
times when the needs of the Sheriff's Office will not permit such scheduling.
(C) When an employee is not assigned to a rotating shift and the
employee's regular shift assignment is being changed, the Sheriff or his designee
will schedule the employee to be off work for a minimum of twenty-four (24)
hours between the end of the previous shift assignment and the beginning of the
new shift assignment.
(D) Where practical, vacation and holiday leave shall be scheduled at
least sixty (60) days in advance of such leave. Time off for vacations and
holidays, when the holiday is a regularly scheduled workday for the employee, will
be scheduled with due regard for the needs of the Sheriff's Office, seniority and
employee preference. In implementing this provision, nothing shall preclude the
Sheriff or his designee's Office from making reasonable accommodations for
extraordinary leave requests as determined by the Sheriff's Office, or ensuring the
fair distribution of leave during holidays.
50
(E) An employee may be allowed to swap a shift with another employee
under the following conditions:
1 - The shift swap shall be completed by both employees within the same
fourteen-(14) day pay period; and
2 - A shift swap shall not result in additional cost to the Sheriff's Office;
and
3 - The employee originally scheduled to work the shift shall be
responsible for making certain that the employee's shift is covered; and
4 - Failure of an employee to obtain the required written approval or
otherwise comply with the conditions hereunder will result in appropriate
disciplinary action.
5 - No swap will be approved if it results in an employee working more
than 16 hours without an 8 hour break.
SECTION 3 - Break Periods/Meal Breaks
(A) No supervisor shall unreasonably deny an employee a fifteen- (15)
minute break period during each six (6) hour work shift. Whenever possible, such
rest periods shall be scheduled at the middle of the work shift. However, it is
recognized that many positions have a post of duty assignment that requires
coverage for a full twelve-hour shift, which would not permit the employee to
actually leave his post. In those cases, it is recognized that the employee can
"rest" while the employee physically remains in the geographic location of his
duty post. All rest periods must be approved by a supervisor in advance.
(B) An employee may not accumulate unused rest periods, nor shall rest
periods be authorized for covering an employee's late arrival on duty or early
departure from duty.
(C) No supervisor shall unreasonably deny an employee a meal break
of 30 (thirty) minutes during any twelve (12) hour shift.
SECTION 4 - Court Appearances
51
If an employee is subpoenaed to appear as a witness in a job-related court
case, not during the employee's regularly assigned shift, the employee shall be paid
a minimum of two hours pay at time and a half of his hourly rate
SECTION 5 - No Volunteer Time Required
Bargaining Unit employees shall not be required to volunteer time to the
Sheriff.
SECTION 6 -Holiday Pay
All bargaining unit employees shall be paid for the following holidays as described
in the in Article 6:
Christmas
New Years
Good Friday
Memorial Day
4th of July (Independence Day)
Thanksgiving
Day after Thanksgiving
All bargaining unit employees shall accrue leave for the following holidays as
described in the in Article 6:
President's Day
Martin Luther King Day
Labor Day
- Veteran's Day
Member's Birthday (To be credited to all member's on Veteran's
day)
SECTION 7 - Special Compensatory/Leave Credit Balances
During the term of this Agreement, an employee may be required to
reduce accumulated special compensatory leave credit balances to a level of 48
hours. Where an employee is required to reduce special compensatory time, the
52
employee shall be provided seven (7) days advance notice of such requirement.
Such required leave shall be scheduled at a minimum of twelve (12) hour
increments if such hours are available.
ARTICLE 33-LIMITATION ON OPENING NEGOTIATIONS
This Agreement contains the entire agreement of the parties on all matters
relative to wages, hours, working conditions, and all other matters, which have
been, or could have been negotiated by and between the parties prior to
execution of this Agreement. Either party shall be permitted to reopen or
renegotiate this Agreement or any part of this with written notice and by mutual
agreement.
ARTICLE 34-ENTIRE AGREEMENT
SECTION 1- Agreement/Reopeners
(A) This Agreement, upon ratification, supersedes and cancels all prior
practices and agreements, whether written or oral, unless expressly stated to the
contrary herein, and constitutes the complete and entire agreement between the
parties, and concludes collective bargaining for its term.
(B) 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 understandings and
agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement.
(C) The Sheriff and the Union, for the duration of this Agreement,
voluntarily and unqualifiedly waive the right, and agree that they shall not be
obligated to bargain collectively with respect to any subject or matter referred to,
or covered in this Agreement, even though such subjects or matters may not have
been within the knowledge or contemplation of either or both of the parties at
the time they negotiated or signed this Agreement.
53
SECTION 2 - Memoranda of Understanding/Settlements
The parties recognize that during the term of this Agreement, situations
may arise which require terms and conditions not specifically and clearly set forth
in the Agreement must be clarified or amended. Under such circumstances, the
Bargaining Unit Employees shall be notified and advised of any changes. Before
any change in the terms and conditions of this Agreement the Bargaining Unit
Employee must ratify such change.
ARTICLE 35-DURATION
SECTION 1- Term
(A) This Agreement is effective as of the day it is ratified by bargaining
unit employees and shall remain in full force and effect through the thirtieth day
of September 2007. A copy of this agreement shall be provided on the Sheriffs'
Office website.
(B) If the Sheriff and the Union fail to secure a successor Agreement
prior to the expiration date of this Agreement, the parties may agree in writing to
extend this Agreement for any period of time.
SECTION 2 - Notices
(A) In the event either party desires to renegotiate this Agreement, it
must provide written notice to the other party at least 60 days prior to the
expiration date. Failure to provide such notice relieves the other party of the
obligation of negotiating a replacement agreement and permits the Sheriff to
make changes or modifications in the wages, hours, and terms and conditions of
employment set forth in the expired agreement.
(B) Notices there under shall be given by registered or certified mail,
and if by the Sheriff shall be addressed to the Florida State Lodge Fraternal
Order of Police, 242 Office Plaza, Tallahassee, Florida 32301 and if by the
Union shall be addressed to Sheriff Richard D. Roth, 5525 College Road, Key
West, Florida 33040. Either party may, by a like written notice, change the
address to which such notice shall be given. Notices shall be considered to have
been given five days after the date postmarked.
54
SECTION 3 - Emergencies
If it is determined that civil emergency conditions exist, including, but not
limited to, riots, civil disorders, hurricane conditions, or similar catastrophes, the
provisions of this Agreement may be suspended by the Sheriff or his designee
during the time of the declared emergency, provided that wage rates and
monetary fringe benefits shall not be suspended. It is understood that a declared
emergency may be limited to specific geographic areas, in which case suspension
of the terms of this Agreement as provided above, would apply only to those
employees permanently or temporarily assigned to such areas.
SECTION 4 - BOCC Ratification of Pay Plan
(A) Notwithstanding anything to the contrary in this Agreement, the
provisions regarding pay, holiday pay, longevity pay, and reduction in annual leave
accruals for FY 2006 and FY 2007 will not be binding on the Sheriff and FOP
unless and until this Agreement is ratified by the Monroe County Board of
County Commissioners. The Sheriff will take the Agreement for BOCC
ratification at the first available regularly scheduled meeting of the BOCC after
ratification by the members of the collective bargaining units.
(B) If the BOCC fails to ratify the provisions of this Agreement
regarding pay, holiday pay, longevity pay, and reductions in annual leave accrual,
then the Sheriff and FOP will return to the bargaining table for negotiations
regarding these items.
AG~?J) TO:
MCM-r-t ,if ;j
Sheriff Richard D. Roth
Date: -M- ,,"'"
FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE
,,-,
~~.;4----'2 Date: j.,l-.;L:? . {)5/
Jdhrl'Puleo, Staff Representative
APPROVED ASifJ FORM
/ ~m lE';JF..:
,. ///frJ.//~p.~ 55
~~///~/ ./-8.~S-
.'d '
AGREEMENT BETWEEN THE
MONROE COUNTY SHERIFF'S OFFICE
AND
FLORIDA STATE LODGE FRATERNAL
ORDER OF POLICE
BARGAINING UNITS:
CORRECTIONS OFFICER AND SERGEANT
EFFECTIVE DATES
Date of Bargaining Unit ratification to September 30, 2007
1
EFFECTIVE DATES
1
AGREEMENT
6
PREAMBLE
6
ARTICLE 1-RECOGNITION
6
SECTION 1 - Inclusions
6
SECTION 2 - Exclusions
7
ARTICLE 2-NO DISCRIMINATION
7
SECTION 1 - Non-Discrimination Policy - State-Federal Law
7
SECTION 2 - Sexual Harassment and Other Unlawful Discrimination
7
SECTION 3 - Mutual Commitment to Prevent Sexual Harassment and Other Unlawful Discrimination 8
ARTICLE 3-DISCIPLlNE AND DISCHARGE a
SECTION 1 - Disciplinary Action 8
SECTION 2 - Interrogation During Internal Investigations 9
SECTION 3 - Employee Copy 12
SECTION 4 - Notice 13
ARTICLE 4-PROMOTIONS 13
ARTICLE 5-SENIORITY 15
ARTICLE 6 - GENERAL WAGE INCREASES, CHANGES IN ANNUAL LEAVE
ACCRUAL, HOLIDAY PAY, LONGEVITY PAY 16
ARTICLE 7 -HURRICANES 19
ARTICLE a-INSURANCE BENEFITS 19
ARTICLE 9-MANAGEMENT RIGHTS 19
2
ARTICLE 10-GRIEVANCE PROCEDURE 20
SECTION 1 - Definitions 20
SECTION 2 - Representation 21
SECTION 3 - Procedures 23
(1) Step 1 23
~ ~2 M
(3) Step 3 25
(4) Arbitration 26
SECTION 4 - Time Limits 28
SECTION 5 - Exceptions 28
SECTION 6 - Grievance Arbitration Replaces Career Service Bill 29
ARTICLE 11-DUES CHECKOFF 29
SECTION 1 - Deductions 29
SECTION 2 - Remittance 30
SECTION 3 - Insufficient Pay for Deduction 30
SECTION 4 - Termination of Deduction 30
SECTION 5 - Indemnification 30
SECTION 6 - Exceptions 31 .
SECTION 7 - Processing the Dues Checkoff Authorization Form 31
ARTICLE 12-DEATH IN-L1NE-OF-DUTY BENEFITS 31
ARTICLE 13-ALLOWANCE FOR DAMAGED PERSONAL PROPERTY 31
ARTICLE 14-PERSONNEL RECORDS 32
ARTICLE 15-UNION ACTIVITIES AND EMPLOYEE REPRESENTATION 33
SECTION 1 - Definitions 33
SECTION 2 - Designation of Employee Representatives 33
SECTION 3 - Bulletin Boards 34
SECTION 4 - Information 35
SECTION 5 - Job Task Analysis 35
3
SECTION 6 - Representative Access
35
SECTION 7 - CoUective Bargaining
36
ARTICLE 16- TRAINING
36
SECTION 1 - Employee Education
36
SECTION 2 - Trainees
37
SECTION 3 - Grievability
37
ARTICLE 17-RETIREMENT
37
ARTICLE 18-DRUG AND ALCOHOL TESTING
37
ARTICLE 19-UNIFORM AND INSIGNIA
38
ARTICLE 20-NO STRIKE
38
ARTICLE 21-SAVINGS CLAUSE
38
ARTICLE 22-0FFICE RULES AND REGULATIONS
39
ARTICLE 23-PREVAILlNG RIGHTS
39
ARTICLE 24-INDIVIDUAL RIGHTS
40
ARTICLE 25-PHYSICAL EXAMINATIONS AND WORKERS COMPENSATION
BENEFITS 40
ARTICLE 26-JOB-CONNECTED DISABILITY
40
ARTICLE 27-TIME POOL FOR UNION BUSINESS
44
ARTICLE 28- TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION 45
ARTICLE 29-CLASSIFICATION REVIEW
45
ARTICLE 30-AUTHORIZED USE OF PRIVATE AUTOMOBILES
45
ARTICLE 31-SPECIAL ASSIGNMENT PAY
46
4
ARTICLE 32-REASSIGNMENT, TRANSFER, CHANGE IN DUTY STATION 46
SECTION 1 - Definitions 46
SECTION 2 - Procedures 47
SECTION 3 - Involuntary Reassignment, Transfer, Or Change in Duty Station 48
SECTION 4 - Notice 48
ARTICLE 33-HOURS OF WORK AND OVERTIME 48
SECTION 1 - Hours of Work and Overtime 48
SECTION 2 - Work Schedules, Vacation and Holiday Schedules 50
SECTION 3 - Break PeriodslMeal Breaks 51
SECTION 4 - Court Appearances 52
SECTION 5 - No Volunteer Time Required 52
SECTION 6 -Holiday Pay 52
SECTION 7 - Special Compensatory/Leave Credit Balances 53
SECTION 8 - MINIMUM STAFFING KEY WEST JAIL 53
ARTICLE 33-L1MITATION ON OPENING NEGOTIATIONS 53
ARTICLE 34-ENTIRE AGREEMENT 54
SECTION 1 - AgreementJReopeners 54
SECTION 2 - Memoranda of Understanding/Settlements 54
ARTICLE 35-DURATION 54
SECTION 1 - Term 55
SECTION 2 - Notices 55
SECTION 3 - Emergencies 55
SECTION 4 - BOCC Ratification of Pay Plan 56
5
AGREEMENT
THIS AGREEMENT is between RICHARD D. ROTH, SHERIFF OF
MONROE COUNTY and FLORIDA STATE LODGE FRATERNAL
ORDER OF POLICE INC., hereinafter called the UNION, or FOP,
representing the employees in the Corrections Offices Bargaining Unit.
PREAMBLE
WHEREAS, it is recognized by the parties hereto that the declared public
policy of the Sheriff and the purpose of Part II, Chapter 447, Florida Statutes, is
to provide statutory implementation of Section 6, ARTICLE I of the
Constitution of the State of Florida, and to promote harmonious and
cooperative relationships between Sheriff's Office and its employees, both
collectively and individually, and to protect the public by assuring, at all times, the
orderly and uninterrupted operations and functions of Sheriff's Office, and
WHEREAS, it is the intention of the parties of this Agreement to set
forth the entire agreement with respect to matters within the scope of
negotiations; and
WHEREAS, the above language is a statement of intent and therefore not
subject to the grievance procedure as outlined in ARTICLE 10;
NO~ THEREFORE, in consideration of the mutual covenants herein
contained, the parties do agree as follows:
ARTICLE 1-RECOGNITION
SECTION 1- Inclusions
(A) The Sheriff hereby recognizes the Florida State Lodge Fraternal
Order of Police Inc. (Union) as the exclusive representative for the purposes of
collective bargaining with respect to wages, hours, and terms and conditions of
employment for all employees included in the Corrections Officers Bargaining
Unit.
6
The Bargaining Unit for which this recognition is accorded is as defined in
the certification issued by the Florida Public Employees Relations Commission,
hereinafter also referred to as "PERC," and as subsequently, PERC Certification
Number 1139. The Unit description in Certification Number 1139 reads as
follows:
All full-time correctional offiers of the Monroe County
Sheriff's detention division holding the rank of detention deputy
or sergeant and auxialliary detentions officers.
The Sheriff and FOP agree to take all steps necessary to obtain PERC's
approval of a reclassification of inmate transportation officers from the
Corrections Officer's Unit to the Law Enforcement Officer's Unit.
SECTION 2 - Exclusions
All other employees not listed above, including without limitation, officers
holding the rank of lieutenant, captain, major, or colonel, or any other rank above
lieutenant, the directors of human resources, finance, data processing, airport
security, inmate transportation, and community relations, the commander of
internal affairs division, officers assigned full time to internal affairs, aviation
division sergeants, public information officers, temporary substitute or emergency
employees, and reserve, part-time and auxiliary officers.
ARTICLE 2-NO DISCRIMINATION
SECTION 1- Non-Discrimination Policy - State-Federal Law
The Sheriff and the Union will not discriminate against any employee for'
any reason prohibited under law If any provision of this Agreement is in
conflict with any federal or state law or any rules having the effect of law, the law
or rule shall prevail.
SECTION 2 - Sexual Harassment and Other Unlawful Discrimination
Any claim of sexual harassment or other unlawful discrimination by an
employee against the Sheriff or employee of the Sheriff shall be investigated and
7
resolved by Sheriff's Office internal procedures or as permitted by state or federal
law: No allegation, investigation, internal resolution, discipline, or discharge from
employment regarding of sexual harassment or other unlawful discrimination
shall be subject to the grievance procedure contained in ARTICLE 10.
SECTION 3 - Mutual Commitment to Prevent Sexual Harassment and
Other Unlawful Discrimination
The Sheriff and FOP _reiterate their commitment to prevent sexual
harassment and other unlawful discrimination. FOP agrees to report any
suspected occurrences of such conduct to the Sheriff in accordance with
Sheriff's policy and to cooperate in the investigation and resolution of all
reported incidents.
ARTICLE 3-DISCIPLINE AND DISCHARGE
SECTION 1 - Disciplinary Action
(A) The Sheriff may affect reductions in base pay, demotions,
suspensions, and dismissals at any time against any employee for
just cause. Such actions against employees with permanent status
for disciplinary reasons shall be grievable in accordance with the
grievance procedure in ARTICLE 10, if the employee alleges that
the action was not for just cause. Demotion will not be used as a
form of disciplinary action, except for supervisory employees.
Reassignment from one certified position to another is not
discipline and is not grievable. Disciplinary actions shall be subject
to the grievance procedure as follows:
(1) Letters of Counseling are not grievable.
(2) Letters of Reprimand are grievable up to Step 3. The
decision at that point shall be final and binding.
(3) Any written reply submitted by an employee to a Letter of
Counseling or Letter of Reprimand will be attached to the
Letter and maintained with it in the flle.
8
(B) A complaint by an employee with permanent status
concerning a reduction in base pay, suspension, or dismissal may be
grieved at Step 2 and processed through the Arbitration Step, in
accordance with the Grievance Procedure in ARTICLE 10 of this
Agreement, provided the employee gives proper written notice within ten
(14) calendar days from the date of receipt of notice from the Sheriff's
Office. The notice of intent to grieve the matter must be personally
delivered to the Sheriff or his designee, or mailed to the Sheriff by
certified mail, return receipt requested.
SECTION 2 - Interrogation During Internal Investigations
(A) Procedure
In the course of any internal investigation, the interrogation
methods employed will be consistent with Sections 112.532(1) and
112.533(2)(a), Florida Statutes, set forth here:
~ 112.532. Law enforcement officers' and correctional officers'
rights.
All law enforcement officers and correctional officers employed
by or appointed to a law enforcement agency or a correctional
agency shall have the following rights and privileges:
(1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND
CORRECTIONAL OFFICERS WHILE UNDER
INVESTIGATION. --Whenever a law enforcement officer or
correctional officer is under investigation and subject to
interrogation by members of his or her agency for any reason
which could lead to disciplinary action, demotion, or dismissal, such
interrogation shall be conducted under the following conditions:
(a) The interrogation shall be conducted at a reasonable hour,
preferably at a time when the law enforcement officer or
correctional officer is on duty, unless the seriousness of the
investigation is of such a degree that immediate action is required.
(b) The interrogation shall take place either at the office of the
command of the investigating officer or at the office of the local
9
preclnct, police unit, or correctional urut In which the incident
allegedly occurred, as designated by the investigating officer or
agency.
(c) The law enforcement officer or correctional officer under
investigation shall be informed of the rank, name, and command of
the officer in charge of the investigation, the interrogating officer,
and all persons present during the interrogation. All questions
directed to the officer under interrogation shall be asked by or
through one interrogator during anyone investigative interrogation,
unless specifically waived by the officer under investigation.
(d) The law enforcement officer or correctional officer under
investigation shall be informed of the nature of the investigation
prior to any interrogation, and he or she shall be informed of the
name of all complainants.
(e) Interrogating sessions shall be for reasonable periods and
shall be timed to allow for such personal necessities and rest periods
as are reasonably necessary.
(f) The law enforcement officer or correctional officer under
interrogation shall not be subjected to offensive language or be
threatened with transfer, dismissal, or disciplinary action. No
promise or reward shall be made as an inducement to answer any
questlons.
(g) The formal interrogation of a law enforcement officer or
correctional officer, including all recess periods, shall be recorded
on audio tape, or otherwise preserved in such a manner as to allow
a transcript to be prepared, and there shall be no unrecorded
questions or statements. Upon the request of the interrogated
officer, a copy of any such recording of the interrogation session
must be made available to the interrogated officer no later than 72
hours, excluding holidays and weekends, following said
. .
lnterrogatlon.
(h) If the law enforcement officer or correctional officer under
interrogation is under arrest, or is likely to be placed under arrest as
a result of the interrogation, he or she shall be completely informed
of all his or her rights prior to the commencement of the
10
interrogation.
(i) At the request of any law enforcement officer or correctional
officer under investigation, he or she shall have the right to be
represented by counsel or any other representative of his or her
choice, who shall be present at all times during such interrogation
whenever the interrogation relates to the officer's continued fitness
for law enforcement or correctional service.
G) Notwithstanding the rights and privileges provided by this
part, this part does not limit the right of an agency to discipline or
to pursue criminal charges against an officer.
Section 112.533(2) (a):
Notwithstanding the foregoing provisions, the officer who is the
subject of the complaint, along with legal counselor any other
representative of his or her choice, may review the complaint and
all statements regardless of form made by the complainant and
witnesses immediately prior to the beginning of the investigative
intervie\v. If a witness to a complaint is incarcerated in a
correctional facility and may be under the supervision of, or have
contact with, the officer under investigation, only the names and
written statements of the complainant and nonincarcerated
witnesses may be reviewed by the officer under investigation
immediately prior to the beginning of the investigative intervie\v.
(B) Definitions
For the purpose of this section the following definitions of terms as used
in Section 112.532(1), Florida Statutes, shall apply:
(1) "Interrogation" means questioning of an employee by a supervisor
or investigator concerning any investigation that may result in discipline of that
employee. It does not include counseling sessions, or investigations which may
result in lesser forms of disciplinary action, or meetings at which the employee is
solely being advised of intended disciplinary action, and offered an opportunity
to explain why he should not be disciplined.
(2) "Complainants" refers to the complaining or charging party relative
to an incident, complaint, or reason.
11
(3) Where the Sheriff determines that a complaint is unsupported by
the facts or is otherwise without merit, or determines that the facts are
insufficient to charge or otherwise discipline the employee under investigation,
such conclusion will be so noted as part of the investigative record. Written
documents relative to the investigation are subject to the provisions of ARTICLE
17, Personnel Records.
(C) No employee shall be required to submit to a polygraph test or any
device intended to measure the truthfulness of the employee's response during an
investigation of a complaint or allegation. Polygraph test results of employees
under investigation will not be considered by the Sheriff.
(D) Alleged violations of the investigative rights provided for in this
section by an employee or the Union shall be investigated by the Sheriff. The
Sheriff Office shall provide the employee and the Union with an explanation
concerning the alleged violation and corrective action taken, if any.
(E) The Sheriff will make a good faith effort to complete all internal
investigations within sixty (60) days from the date the investigation is assigned to
the investigator, where practicable. Except in the case of a criminal investigation,
the employee shall be notified in writing of any investigation that exceeds one
hundred and twenty (120) calendar days. The employee under investigation shall
be advised of the results of the investigation at its conclusion.
(F) The provisions of this section may be grieved in accordance with
ARTICLE 10, up to and including Step 3 of the Grievance Procedure.
(G) In cases where the Sheriff determines that the employee's absence
from the work location is essential to the investigation, the sheriff may reassign
said employee to another position within fifty (50) miles from the employee's
current duty station.
SECTION 3 - Employee Copy
Each employee shall be furnished a copy of all disciplinary entries placed
in his official personnel ftle and shall be permitted to provide a written response
thereto. A copy of the employee's response shall be placed in the employee's
personnel file.
12
SECTION 4 - Notice
Notice of reduction in base pay, demotions, suspension, or dismissal
affecting an employee who has attained permanent status shall be in writing and
delivered to the employee in person or via certified mail.
ARTICLE 4-PROMOTIONS
Whenever a budgeted promotional vacancy exists in a Sergeant
classification, the Sheriff's Office shall fill such vacancy from an existing eligibility
list, if a valid eligibility list is in existence. Should there exist no valid eligibility list
at the time a budgeted promotional vacancy occurs, the Sheriff shall establish a
new eligibility list within one hundred twenty (120) days. Upon certification of
the new eligibility list by the Sheriff, the budgeted promotional vacancy shall be
filled. This paragraph shall not apply to temporary appointments to fill
temporary vacanCIes.
The Sheriff's Office will announce promotional examinations at least thirty
(30) days in advance of said examinations and shall explicitly spell out the
qualifications of the employees eligible to apply for and be accepted into such
examinations. The Sheriff will list the areas which the examination will cover, the
sources from which the examination is drawn, and whenever possible the location
of the sources.
Promotions to Sergeant shall be from an eligibility list, the ranking of which
shall be determined by:
(A) Written examination which will be written and administered by a law
enforcement testing company or other qualified, independent outside source,
which shall include questions relating to supervisory responsibilities, practices,
procedures, including, but not limited to, Sheriff's Office policies. The written
examination shall contain no less than twenty percent (20%) supervisory
questions); or
(B) Experience; or
(C) Supervisory evaluation; or
(D) Oral board; or
13
(E) Assessment Center or similar selection device; or
(F) Any combination of A through E.
The Sheriff shall announce the selection procedures to be utilized, the
allocation of points, factors to be considered, and section weights on the job
announcement covering the budgeted promotional vacancy.
. All persons on the Sergeant's eligibility list in effect on the date of execution
of this Agreement shall be grand-fathered onto the new established list.
. In order to be eligible to take the Sergeant's test, the applicant must not
have received any discipline resulting in a suspension or more severe penalty
within 365 days of announcement of the test date.
. Any person on the eligibility list shall be removed from the list if he or she
receives any discipline resulting in a suspension or more severe penalty.
. Any person promoted to the position of sergeant must serve a
probationary period of 365 days.
· An eligibility list shall remain in effect for twenty four (24) months from the
date of validation.
· The top seven (7) scores for sergeant shall establish the official sergeants
list. As promotions are made the next highest score will be moved to the official
Sergeant's list.
· All ties shall be considered one slot.
· If the list for sergeant goes below five (5) persons the list shall be
considered void.
· If a sergeant's position is posted and there are no applicants from the
eligibility list after ninety (90) days, the Sheriff may select a candidate regardless
of his or her place on the list.
· The Sheriff shall advise the union of any unfilled vacancies (but not
temporary vacancies) in a Sergeant's classification.
14
ARTICLE 5-SENIORITY
Seniority shall be determined by total of continuous accumulated paid
service with the Monroe County Sheriff's Office. Periods of authorized leave
without pay without a break in service shall not prevent the further accumulation
of paid service for seniority purpose.
Seniority shall be computed from the date of appointment to a certified
position in the Sheriff's Office as recorded on the personnel action form.
Seniority shall also accumulate during absences in which the employee is receiving
Worker's Compensation Benefits as a result of an injury sustained in his
employment with the Sheriff's Office. Seniority shall be utilized for the following
purposes:
(A) Vacation for each calendar year shall be drawn by employees on a
basis of seniority preference; provided, however, that the Sheriff's Office shall
retain the right to disregard seniority preference in the event that it becomes
necessary to do so in order to provide adequate coverage in certain specialized
areas during any given vacation period. Nothing contained herein shall be
interpreted as restricting the Sheriff's right to cancel all vacations during any given
period in the event of disaster or emergency.
(B) In the event of a vacancy in any division or unit (non-promotional
vacancy) within the Office, seniority will be considered along with skills, abilities,
job requirements, and other factors.
(C) In the event of personnel reduction, employees shall be laid off in the
inverse order of their seniority in their classifications provided, however, that
where two or more employees have seniority standing within (6) months of each
other the Sheriff shall determine the order of layoff based on education and
performance evaluation. If more than one classification is affected, an employee
laid off from a higher classification shall be given an opportunity to revert to the
next lower classification, provided that the employee is fully qualified to perform
the work in that lower classification. Upon reverting to a lower classification, an
employee's seniority shall be determined by the date of the employee's permanent
appointment to that classification. All temporary, provisional, limited term and
probationary employees shall be laid off before any permanent employee is laid
off or reduced in classification.
15
(D) Employees shall be recalled from layoff in accordance with their
seniority in the classification from which they were laid off in the department.
No new employees shall be hired in any classification until all employees on
layoff status in that classification have had an opportunity to return to work;
provided, however, that in the discretion of the Sheriff, such employees are
physically capable of performing the work available at the time of recall and,
further, meet all standards set by the State Criminal Justice Standards and Training
Commission and in effect at the time of recall. No laid off employee shall retain
recall rights beyond eighteen (18) months from the date of layoff.
ARTICLE 6 - GENERAL WAGE INCREASES, CHANGES IN
ANNUAL LEAVE ACCRUAL, HOLIDAY PAY, LONGEVITY PAY
The Sheriff and FOP agree to a three-year pay plan including pay raises,
changes in annual leave accrual, vacation buy back and longevity bonuses for
certain senior employees, and changes in the way holiday pay is implemented.
These changes are described in a written explanation and in a spreadsheet
detailing the changes for each employee. The written explanation is set forth
below. The spreadsheet, which is incorporated in this Agreement, is attached as
Exhibit A.
Written Explanation
The Fraternal Order of Police (FOP) has proposed and the Sheriff has
agreed to a pay plan for its members that has 11 steps for deputies and 9 steps for
sergeants. The pay plan includes adjustments to vacation accrual rates.
Previously, vacation accruals rates are based on each member earning a
specified number of annual leave days based on their seniority. For example,
members who worked holidays received accruals in an amount that allowed them
15 days off in their first year. Employee accruals increased each year until they
reach 10 years service and receive 25 days of annual leave. Five of the days are
for working holidays, the remaining days are vacation.
The result of this practice was that individuals working longer shifts were
receiving a larger benefit than those working shorter shifts. For example, a
person with five years seniority, working a 12.25 hour shift earned 244.92 hours
of vacation/holiday time. That amount of time allowed them to be away of
work 10.99% of the time. An employee with the same seniority, working an 8.0
16
hour shift, earns 160 hours and can be away from their post 7.69% of the time.
This disparity is outlined graphically below:
12.00%
10.00%
>. 8.00%
ns
~ 6.00%
Q)
E
j:: 4.00%
2.00%
0.00%
Comparison of Time Away From Work
III Series 1 I
8.00
8.50
10.50
Shift in Hours
12.00
12.25
Holiday leave was built into the bi-weekly accruals given to employees.
The Sheriff and FOP agree to change this practice by having the time credited to
the individuals vacation balance in the payroll period the holiday occurs. This
change in how holiday leave is distributed would not reduce the annual benefit
provided to anyone.
In addition, the Sheriff and FOP agree that the vacation accruals for all
members, regardless of shift, be changed to the following:
Year One
Year Two
Year Three
Year Four
Year Five
Year Six
Year Seven
Year Eight
Year Nine
Year Ten
- .038471 per hour worked
- .042353 per hour worked
- .046118 per hour worked
- .050000 per hour worked
- .057647 per hour worked
- .061529 per hour worked
- .065412 per hour worked
- .069176 per hour worked
- .073059 per hour worked
- .076941 per hour worked
17
This plan results in all members of the Sheriff's Office earning an equal
amount of vacation per hour of scheduled work (excludes overtime hours,
special pays, etc). This change will cause a reduction in the number of vacation
hours earned by those individuals working a 10, 10.5, 12, and 12.25 hour shift.
Those individuals currently working 8 will gain a few hours annually and
members on 8.5 hours shifts will not be affected at all. This reduction will take
place over the term of the contract, with one third being taken at the beginning
of each contract year. Effective the date of contract ratification, new employees
accrue vacation hours based on the schedule outlined above.
The spreadsheet attached as Exhibit A outlines the final agreement of the
Sheriff and FOP. The spreadsheet is sorted by rank and years of service.
For example, a two year deputy, working a twelve hour shift, currently
earns 191.88 hours of vacation/holiday pay. If we remove the 60 hours of
holiday pay (12 hours * 5 days) and credit the employee's vacation balance as the
holiday occurs, the deputy is left with 131.88 hours of vacation. Under the
proposed new accrual rates, the deputy would earn 92.50 hours of vacation time
(2184 hours worked annually * .042353). The reduction of 39.38 hours would
then take place in three increments of 13.13 hours at the beginning of each
contract year and would be accomplished by altering the bi-weekly accrual rates.
For those members who will receive less than a 21 % increase in salary over
the term of the contract, the Sheriff will purchase the vacation time relinquished.
This purchase will be at the current hourly rate and be included in the second
payroll of September. In the example above, the deputy would be paid for the
13.13 hours of leave at their current hourly rate in the second payroll of
September. At the end of the three years, the payments would stop and the
vacation accruals would be at the proposed rates. In order to be eligible for the
payment, the member must be employed when the benefit is paid (no prorated
benefits will be paid).
The Sheriff will pay a longevity award of 1 % for those members with
fifteen years of service. The longevity bonus will increase to 3% when the
member reaches twenty years of service. The bonus will be paid in the second
payroll of September to coincide with the end of the fiscal year. In order to be
eligible for the award, the member must be employed when the benefit is paid (no
prorated benefits will be paid).
The wellness award currently in place would remain in effect and be paid
in the second payroll of September.
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ARTICLE 7-HURRICANES
(A) All employees in both collective bargaining units are required to
work before, during, and after the approach, landfall, and departure of hurricanes
and tropical storms in or near the State of Florida. The Sheriff can change work
schedules and duty assignments as he sees fit to best serve the needs of the public
in response to these events.
(B) Once each year, the Sheriff will receive written requests for
exemption from this requirement. Exemptions will be granted or denied on a
case-by-case basis. A written response will be provided to all persons who apply
for exemption. Grants or denials of requests for hurricane exemption are not
grievable under the provisions of ARTICLE 10.
(C) Any employee who does not report for duty as required under the
terms of this ARTICLE and has not received written exemption from its
requirements is subject to termination.
ARTICLE 8-INSURANCE BENEFITS
The Sheriff agrees to maintain the level of health insurance coverage
currently enjoyed by the Bargaining Unit employees as of October 1,2004, for
the life of this Agreement, if the Board of County Commissioners continues to
makes those benefits available to Sheriff's Office employees on those terms. If
the Board changes required employee contributions, co-pay amounts, deductibles,
coverage limits, or other terms and conditions of the county health insurance
plan, the costs of such changes will be passed on to the employees.
ARTICLE 9-MANAGEMENT RIGHTS
The FOP and the bargaining unit employees recognize that the Sheriff the
exclusive right to manage and direct the Monroe County Sheriff's Office.
Accordingly, the Sheriff reserves the exclusive right to hire, ftre, demote, suspend
(for just cause), promote, and lay-off employees; transfer employees from
location to location and from time to time; rehire employees; determine the
starting and quitting time, determine the work schedule, maintain the efficiency
19
of employees by communication through supervisory personnel; merge,
consolidate, subcontract, expand, or close the Office(s) or any part thereof or
expand, reduce, alter, combine, assign or cease any jobs; control the use of
equipment and property of the County; fill any job on a temporary, emergency, or
interim basis; determine the number, location, and operation of headquarters,
annexes, divisions, substations, and departments thereof; schedule and assign the
work to the employees and determine the size and composition of the work
force; formulate and implement office policy, rules, and regulations; and
introduce new or improved services, maintenance procedures, materials, facilities
and equipment. If the Sheriff fails to exercise anyone or more of the above
functions from time to time, it shall not be deemed a waiver of the Sheriffs rights
to exercise any or all of such functions. Any right or privilege of the Sheriff not
specifically relinquished by the Sheriff in this Agreement shall remain with the
Sheriff.
ARTICLE 10-GRIEVANCE PROCEDURE
The Sheriff and Union encourage informal discussions between
supervisors and employees of employee complaints. Such discussions should be
held with view to reaching an understanding that will resolve the matter in a
manner satisfactory to the employee and the Sheriff without need for recourse to
the formal grievance procedure prescribed by this ARTICLE 10. The formal
grievance procedure may be invoked only by submission of a written notice of
grievance signed by the grievant or Union representative.
SECTION 1 - Definitions
As used in this ARTICLE:
(A) "Grievance" means disputes involving the interpretation or
application of the specific provisions of this Agreement, except as exclusions are
noted in this Agreement.
(B) "Employee" means an individual employee or a group of
employees, all of who are members of the Bargaining Unit, having the same
grievance. In the case of a group of employees, one employee must be
designated by the group to act as spokesperson and to be responsible for
processing the grievance.
20
(C) "Days" means calendar days.
SECTION 2 - Representation
(A) An employee who decides to use this Grievance Procedure must
submit written notice of the grievance signed by the grievant or Union
Representative. If the employee is represented by the Union, any decision
mutually agreed to by the Sheriff and Union shall be binding on the employee.
(B) Where an employee requests Union representation, the employee's
representative shall be selected from the list of FOP Grievance Representatives
or Union Staff Representatives that has been provided to the Sheriff by the
Union. When an employee has been appropriately designated to serve as a
Grievance Representative and the Sheriff has been notified in accordance with
ARTICLE 18, Section 2, Paragraph (B), the Grievance Representative shall be
authorized to investigate grievances and represent grievants in accordance with
this ARTICLE, subject to the following limitations:
(1) A Grievance Representative is not allowed time off with pay
to investigate his own grievance. A Grievance Representative will be
compensated for performing Grievance Representative duties by the Sheriff. The
individual must clearly indicate on their timesheet that the time is administrative
leave with pay. Nothing in this Agreement restricts a Grievance Representative
from performing Grievance Representative duties while off-duty.
(2) A Grievance Representative is authorized to use a maximum
of one consecutive hour of time to investigate a single grievance. Grievances
involving more than one employee that arise at one time and involve substantially
the same facts as to all aggrieved employees are considered a single grievance.
The Sheriff or his designee may authorize additional time to investigate
grievances involving either exceptionally complicated facts or an unusually large
number of employees.
(a) If an employee selects a Grievance Representative to
represent him in a grievance that has been properly filed in accordance with this
ARTICLE, the Grievance Representative may be allowed a reasonable amount of
paid time to represent the grievant at the Step 1 meetings that are held during
regular work hours. Use of time in these circumstances shall be subject to prior
approval by the Grievance Representative's immediate supervisor; however,
approval of such time off will not be withheld, if the Grievance Representative
21
can be allowed such time off without interfering with, or unduly hampering the
operations of the Unit to which the Grievance Representative is regularly
assigned. Approved time for grievance meetings shall be recorded on the
Representative's timesheet as administrative leave with pay.. The Grievance
Representative's immediate supervisor will notify the grievant's supervisor before
allowing the Grievance Representative time off to investigate the grievance.
(b) Investigations will be conducted in a way that does
not interfere with the Sheriff's operations.
(c) The Grievance Representative must be selected from
those Grievance Representatives within the same work Unit as the grievant's work
Unit. If no Grievance Representative is located in the grievant's work Unit, the
Grievance Representative must be selected from the work Unit which is located
closest to the grievant's work location. In no case shall a Grievance
Representative who is on duty be allowed to travel more than fifty (50) miles from
his official work location in order to investigate a grievance. Such travel limitation
shall not apply when the Grievance Representative is not on duty.
(d) A Grievance Representative, selected to represent an
employee as provided in this ARTICLE, is a required participant at the Step 1
grievance meeting.
(C) Both the employee and the employee's representative, if any, shall
be notified of the Step 1 meeting. Further, all communication concerning written
grievances or their resolution shall be in writing and a copy shall be sent to both
the employee and the employee's representative.
(D) If the employee is not represented by the Union, any adjustment of
the grievance shall be consistent with the terms of this Agreement, the Union
shall be given reasonable opportunity to be present at any meeting called for the
resolution of the grievance, and processing of the grievance will be in accordance
with the procedures established in this Agreement. The Union is not bound by
the decision of any grievance in which the employee chose not to be represented
by the Union, nor shall such decision establish precedent that may be relied upon
by the Union in other grievances.
(E) The resolution of a grievance before its submission in writing at
Step 3 shall not establish a precedent binding on either the Sheriff or the Union
in other cases.
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(F) Any employee who flies a grievance, Union member or not, must
send a copy of the grievance to the Union. Any Union member has the right to
use or not use the Grievance Representative.
SECTION 3 - Procedures
(A) Within fourteen (14) days of when the employee knew or should
have known the violation occurred, employee grievances filed in accordance with
this ARTICLE should be presented in writing and handled promptly at the lowest
level of supervision having the authority to adjust the grievances. The lower level
supervisors' decision shall not set a precedent.
(B) There shall be no reprisals against any of the participants in the
procedures contained herein because of such participation.
(C) If a grievance meeting is held or requires reasonable travel time
during the working hours of any required participant, such participant shall be
excused without loss of pay for that purpose. Attendance at or travel to
grievance meetings outside of regular working hours is not paid time.
(D) Grievances shall be presented and adjusted in the following manner
and no one individual may respond to a grievance at more than one written step.
(E) At any time any step of the grievance procedure may be extended
by mutual agreement. Such agreement must be in writing and signed by the
Union or employee and the Sheriff.
(1) Step 1
(a) The Step 1 Management Representative for the Corrections
Officer's Unit is the employee's site commander.
(b) In filing a grievance at Step 1, the employee or the designated
employee representative shall submit to the Step 1 Management Representative a
grievance form furnished by the Union setting forth specifically the complete
facts on which the grievance is based, the specific provision or provisions of the
Agreement allegedly violated, and the relief requested. All written documents to
be considered by the Step 1 Management Representative shall be submitted with
the grievance form within fourteen (14) days of when the employee knew or
23
should have known the violation occurred; however, if additional written
documentation is obtained after the grievance is filed; such documentation may
be presented at the Step 1 meeting.
(c) The Step 1 Management Representative or his designated
representative shall have a meeting to discuss the grievance and shall
communicate a decision in writing to the employee and the employee's
representative, if any, within fourteen (14) days following the date the grievance is
received at Step 1.
(d) The failure of the Step 1 Management Representative to
communicate the decision within the specified time limit shall permit the
employee or the Union where appropriate, to proceed to the next step.
(e) The number of days indicated at this Step shall be
considered as the maximum, and every effort will be made to expedite the
process. However, the time limits specified may be extended in writing, in any
specific instance, by mutual agreement.
(2) Step 2
(a) The Step 2 Management Representative for the Corrections
Officer's Unit is the Major, Commander of the Bureau of Corrections.
(b) If the grievance is not resolved to the employees' satisfaction by
Step 1, the employee or union may forward the grievance to the Step 2
Management Representative. Written notice of intent to proceed to Step 2 must
be delivered within fourteen (14) days after receipt of the decision at Step 1. The
grievance shall include a copy of the grievance form submitted at Step 1 and a
copy of the Step 1 response, together with all written documents in support of
the grievance. When the grievance is eligible for initiation at Step 2, the grievance
form must contain the same information as a grievance filed at Step 1 above.
(c) The Step 2 Management Representative may have a meeting with
the employee or the designated Union Staff Representative to discuss the
grievance. The Step 2 Management Representative shall communicate a decision
in writing within fourteen (14) days following receipt of the written grievance.
24
(d) The failure of the Step 2 Management Representative to
communicate the decision within the specified time limit shall permit the
employee, or the Union where appropriate, to proceed to the next step.
(e) The number of days indicated at this step shall be considered as the
maximum, and every effort will be made to expedite the process. However, the
time limits specified may be extended in writing, in any specific instance, by
mutual agreement.
(3) Step 3
(a) The Step 3 Management Representative is the Sheriff or
Undersheriff for all employees.
(b) If the grievance is not resolved to the employee's satisfaction at
Step 2, the designated Union representative, or the employee if not represented
by the Union, may appeal the Step 2 decision, in writing, to the Step 3 of the
Grievance Process. Written notice of intent to proceed to Step 3 must be
delivered within fourteen (14) days after receipt of the decision at Step 2. . The
grievance shall include a copy of the grievance form submitted at Steps 1 and 2,
the decisions at those steps, together with all written responses and documents in
support of the grievance. The Sheriff or Undersheriff may have a meeting with
the designated Union representative and or the grievant to discuss the grievance.
When the grievance is eligible for initiation at Step 3, the grievance form must
contain the same information as the grievance ftled at Step 1 above.
(c) The Sheriff or Undersheriff will communicate a decision in writing
to the employee and the Union representative within fourteen (14) days after
receipt of the notice of intent to appeal to Step 3.
(d) The failure of the Sheriff or Undersheriff to communicate the
decision within the specified time limit shall permit the employee or the Union
where appropriate, to proceed to the next step.
(e) The number of days indicated at this step is the maximum.
Reasonable efforts will be made to expedite the process. However, the time limits
specified may be extended in writing, in any specific instance, by mutual
agreement.
25
(f)
at Step 3.
Grievances involving termination of employment are flIed directly
(g) All class action grievances that effect 2 (two) or more bargaining
unit employees shall be filed at Step 3.
(h) The Sheriff or Undersheriff shall have 60 days to respond to a class
. .
actton gnevance.
(4) Arbitration
(a) If the grievance is not resolved at Step 3, the Florida State Lodge
Fraternal Order of Police or a designated employee of the staff may appeal the
Step 3 decision to Arbitration within fourteen (14) days after receipt of the
decision at Step 3. If, at the initial step, the Union refused to represent the
employee because he was not a dues-paying employee of the Union, the
employee may appeal the grievance to Arbitration for matters where arbitration is
available under the terms of this Agreement.
(b) The parties may, by mutual agreement in writing, submit related
grievances for hearing before the same arbitrator.
(c) The arbitrator may be any impartial person mutually agreed upon by
the parties. In the event the parties are unable to agree upon said impartial
arbitrator within ten (14) calendar days after the Union request for arbitration, the
parties shall jointly request a list of five (5) names from the Federal Mediation
Conciliation Service. Within 14 calendar days of receipt of the list, the parties
shall alternatively strike names, the Sheriff striking flrst. The remaining name shall
act as the Arbitrator. On an alternating basis, in the next arbitration case, the
Union will strike first.
(d) Arbitration hearings shall be held at times and locations mutually
agreed to by the parties, taking into consideration the availability of evidence,
location of witnesses, existence of appropriate facilities, and other relevant
factors. If mutual agreement cannot be reached, the arbitration hearing shall be
held at the last work assignment location of the employee.
(e) The Arbitrator shall fashion an appropriate remedy to resolve the
grievance and, provided the decision is in accordance with his jurisdiction and
26
authority under this Agreement. The Arbitrator's decision shall be final and
binding on both parties.
1. The arbitrator must issue his decision no later than thirty (30)
days from the date of the closing of the hearing or the submission of briefs,
whichever is later.
2. The arbitrator's decision must be in writing 'and set forth the
arbitrator's opinion and conclusions on the precise issue(s) submitted. The
arbitrator shall be permitted, upon mutual agreement, to issue a bench decision
without a written opinion.
3. The arbitrator shall have no authority to determine any other
issue, and the arbitrator shall refrain from issuing any statement of opinion or
conclusion not essential to the determination of the issues submitted.
4. The arbitrator shall limit his decision strictly to the
application and interpretation of the specific provisions of this Agreement.
5.
any decisions:
The arbitrator shall be without power or authority to make
a. Contrary to or inconsistent with, adding to, subtracting from,
or modifying, altering or ignoring in any way, the terms of this Agreement, or of
applicable law or rules or regulations having the force and effect of law; or
b. Limiting or interfering in any way with the powers, duties and
responsibilities of the Sheriff under the Constitutions of the United States and
of the State of Florida, applicable law, and rules and regulations having the force
and effect of law; except as such powers, duties and responsibilities have been
abridged, delegated or modified by the expressed provisions of this Agreement.
6. The arbitrator's award may include back pay to the
grievant ( s); however, the following limitations shall apply to such monetary
awards:
a. No award for back pay shall exceed the amount of pay the
employee would otherwise have earned at his regular rate of pay. No award of
back pay shall be retroactive to a date earlier than the date of the occurrence of
the event giving rise to the grievance under consideration and in no event more
than the time limits permitted for initiation of the grievance. Any award for back
27
pay shall be reduced by other income of the grievant so that no employee
receives more as a result of an award of back pay than the employee would have
earned had the employee remained on the payroll.
b. No award for back pay shall exceed the actual loss to the
employee. Punitive damages cannot be awarded.
(f) The fees and expenses of the arbitrator shall be borne equally by
both parties; however, each party shall be responsible for compensating and
paying the expenses of its own representatives, attorneys, and witnesses.
(g) The Union will not be responsible for costs of an arbitration to
which it was not a party.
SECTION 4 - Time Limits
(A) Failure to initiate or appeal a grievance within the time limits
specified shall be deemed a waiver of the grievance.
(B) Failure at any step of this procedure to communicate the decision
on a grievance within the specified time limit shall permit the employee, or the
Union where appropriate, to proceed to the next step.
(C) Claims of either an untimely filing or untimely appeal shall be made
at the step in question or shall be deemed waived.
SECTION 5 - Exceptions
(A) Nothing in this ARTICLE or elsewhere in this Agreement shall be
construed to permit the Union or an employee to process a grievance on behalf
of any employee without his consent.
(B) If a grievance arises from the action of an official higher than the Step 1
Management Representative, the grievance shall be initiated at Step 2 or 3 as
appropriate, by submitting a grievance form as set forth in Step 1 within fourteen
(14) days following the occurrence of the event giving rise to the grievance.
(2) A dispute involving the interpretation or application of a provision of this
Agreement, which gives a right to the Union as an employee organization, may be
28
presented by the Union as a grievance. Such grievance shall be initiated at Step 3
of this procedure, in accordance with the provisions set forth herein, within
fourteen (14) days of the occurrence of the event giving rise to the grievance.
(C) Any employee who has not attained permanent status as defined by the
Sheriff or his designee's "After a member of the classified service of the
Sheriffs Office has been employed for a period of one calendar year, the
member will have attained permanent status in the Office of the Sheriff." can
only bring non-discipline grievances to Step 3 as provided for in this
ARTICLE.
SECTION 6 - Grievance Arbitration Replaces Career Service Bill
Review of disciplinary action by the Career Service Board created under
Chapter 97 -345, Laws of Florida, is not available to Bargaining Unit employees
during the term of this Agreement.
ARTICLE l1-DUES CHECKOFF
SECTION 1 - Deductions
(A) During the term of this Agreement, the Sheriff, by and through its
respective agencies, agrees to deduct Union membership dues and uniform
assessments, if any, in an amount established by the Union and certified in writing
by the Representative of Florida State Lodge Fraternal Order of Police Inc., to
the Sheriff, from the pay of those employees in the Bargaining Units who
individually make such request on a written checkoff authorization form
provided by the Union. Such deduction will be made by the Sheriff's Office
when other payroll deductions are made and will begin with the pay for the first
full pay period following receipt of the authorization by the Sheriff.
(B) The Union shall advise the Sheriff of any uniform assessment or
increase in dues in writing at least thirty (30) days before its effective date.
(C) This ARTICLE applies only to the deduction of membership dues
and uniform assessments, if any, and shall not apply to the collection of any fines,
penalties, or special assessments.
(D) Employee organization dues deduction for operations officers will
29
be provided for the certified bargaining agent only.
SECTION 2 - Remittance
Deductions of dues and uniform assessments, if any, shall be remitted
exclusively to the Representative of the Florida State Lodge Fraternal Order of
Police Inc., on either a biweekly or monthly cycle along with a list containing the
names and amount deducted, of the employees for whom the remittance is made.
SECTION 3 - Insufficient Pay for Deduction
In the event an employee's salary earnings within any pay period, after
deductions for withholding, social security, retirement, and insurance, are not
sufficient to cover dues and any uniform assessments, it will be the responsibility
of the Union to collect its dues and uniform assessments for that pay period
directly from the employee.
SECTION 4 - Termination of Deduction
Deductions for Union dues and/or uniform assessments shall continue
until either revoked by the employee by providing the Sheriff and the Union with
thirty (30) days written notice that he is terminating the prior checkoff
authorization; pursuant to Section 447.507, Florida Statutes; termination of
employment; or the transfer, promotion, or demotion of the employee out of
this Bargaining Unit. If these deductions are continued when any of the above
situations occur, the Union shall, upon notice of the error, reimburse the
employee for the deductions that were improperly withheld.
SECTION 5 - Indemnification
The Union shall indemnify, defend and hold the Sheriff, his command
staff, attorneys, officers, officials, agents and employees, harmless against any
claim, demand, suit, or liability (monetary or otherwise) and for all legal costs
arising from any action taken or not taken by the Sheriff or his designee, its
officials, agents, and employees in complying with this ARTICLE. The Union
shall promptly refund to the Sheriff or his designee any funds received in
30
accordance with this ARTICLE which are in excess of the amount of dues
and/ or uniform assessments which the Sheriff has agreed to deduct.
SECTION 6 - Exceptions
The Sheriff or his designee will not deduct any Union fines, penalties, or
special assessments from the pay of any employee.
SECTION 7 - Processing the Dues Checkoff Authorization Form
(A) The Dues Checkoff Authorization Form supplied by the Union
(Appendix B) shall be in strict conformance with Appendix B; contain all the
information required for processing prior to submission to the Sheriff, and are
the only form authorized for this purpose.
(B) Changes in the Dues Checkoff Authorization Forms required by
(A) above will not affect deductions authorized by forms that the parties have
previously agreed to.
(C) Forms that are incorrectly filled out or do not contain all the
information necessary for payroll processing, postdated, or submitted to the
Sheriff more than sixty (60) days following the date of the employee's signature
will be returned to the Union.
ARTICLE 12-DEATH IN-LINE-OF-DUTY BENEFITS
The Sheriff shall maintain life insurance providing an additional $10,000
death benefit to each bargaining unit member during the term of this Agreement.
Any life insurance benefit provided by the Monroe County Board of County
Commissioners for Sheriff's Office employees will be provided to Sheriff's
Office employees.
ARTICLE 13-ALLOWANCE FOR DAMAGED PERSONAL
PROPERTY
31
The Sheriff agrees to make pay an allowance for certain personal property of
employees that is damaged through no fault of the employee while in the line of
duty. Payment for any item will be made only once per fiscal year. A written
report, receipt, and supervisor's approval must be submitted. Payment is limited
to the cost of repair or replacement and shall not exceed the listed amounts.
Watches
Prescription Eyeglasses
Prescription Contact lenses
$100.00
$100.00
$150.00
ARTICLE 14-PERSONNEL RECORDS
(A) There shall be only one official personnel f1le for each employee,
which shall be maintained in the central personnel office of the Sheriff. The
official personnel file consists of the records of application, hire, assignment, pay,
discipline and commendations, and other items necessary for proper personnel
administration. Duplicate personnel files may be established and maintained by
the Sheriff or his command staff. Such duplicate personnel files may contain part
or all of the items filed in the official personnel file. Records of Internal Affairs,
discipline and commendations may be maintained in the Division of Internal
Affairs.
(B) An employee has a right to submit a concise statement responding
to any derogatory material in the employee's personnel file. This statement will
be maintained with the personnel file.
(C) An employee will have the right to review his own official personnel
file and any duplicate personnel files at reasonable times under the supervision of
the designated records custodian. The employee shall be provided a copy of his
or her file at no charge every twelve months. If an employee makes more than
one request for a copy of his file, the Sheriff will be obliged only to provide
material not previously provided to the employee.
(D) Where the Sheriff, the Public Employees Relations Commission,
the courts, an arbitrator, or other statutory authority determines that a document
has been placed in an employee's personnel file in error or is otherwise invalid,
such document will be placed in an envelope together with a letter of
explanation. The invalid or erroneous document shall be marked "NOT
V ALJD" and returned to the employee's personnel file. However, that nothing in
32
this provision shall grant any official, officer, or other person the authority to take
any action not otherwise authorized.
ARTICLE 15-UNION ACTIVITIES AND EMPLOYEE
REPRESENTATION
SECTION 1- Definitions
The term "Grievance Representative," as used in this Agreement, shall
mean a Bargaining Unit Employee covered by this Agreement who has been
designated by the Florida State Lodge Fraternal Order of Police Inc.,_to
investigate grievances at the Oral Step and to represent grievant at the Step 1 and
Step 2 meetings on grievances which have been properly filed under ARTICLE
10 of this Agreement, when the Union has been selected as the employee's
representative.
SECTION 2 - Designation of Employee Representatives
(A) From employees in the Bargaining Unit, the Union shall select a
reasonable number of Union Grievance Representatives (up to five (5)). The
Union shall furnish the Sheriff or his designee the name, social security number,
official class title, name of employing Sheriff or his designee's Office, and specific
work location of each employee who has been designated to act as a Grievance
Representative. The Sheriff or his designee shall not recognize an employee as an
authorized Grievance Representative until such information has been received
from the Union. The FOP will attempt to have a representative in each district
facility.
(B) The Employee Organization shall be represented by its Staff
Representative, or designee. It shall be the responsibility of the Employee
Organization to notify the Sheriff in writing of any change in the designation of
the Staff Representative, or designee, subsequent to the execution of this
Agreement.
(D) Three (3) members of the Employee Organization's negotiating
committee shall be permitted to attend, without loss of pay, the County
Commission meeting where final action is scheduled to be taken on approval (or
rejection) of a collective bargaining agreement to succeed this Agreement.
33
SECTION 3 - Bulletin Boards
The Sheriff shall permit the FOP to post notices relating to FOP business, and
names and addresses of officers, directors, and representatives of the FOP on
designated FOP bulletin boards located in conspicuous locations at all regular
work locations.
The Sheriff shall permit the FOP to use the Sheriff's Office mail delivery system
to include inner office, facsimile and electronic mail (e-mail) so long
as it does not create a burden on the mail delivery system. Mass or "blast" faxing
will not be permitted.
(C) The Sheriff agrees to provide space on bulletin boards for Union
use.
(D) The Union bulletin boards shall be used but not only limited for the
following notices:
(1) Recreational and social affairs of the Union
(2) Union meetings
(3) Union elections
(4) Reports of Union committees
(5) Union benefit programs
(6) Current Union Agreement
(7) Training and educational opportunities
(8) Decisions reached through consultation meetings, as
approved by the Division of Human Resources.
(9) Notices of wage increases or decreases for covered
employees
(C) Materials posted on these bulletin boards shall not contain anything
that violates or has the effect of violating any law, rule, or regulation, nor shall any
posted material contain anything reflecting adversely on the Sheriff or his
designee, or any of its officers or employees.
(D) Postings must be dated and bear the signature of an authorized
Union representative. A copy of each notice shall be provided to the appropriate
captain or lieutenant at the time of posting.
34
(E) A violation of these provisions by a Union Staff Representative or
an authorized representative shall be a basis for removal of bulletin board
privileges for that representative, after a meeting with the Sheriff has occurred.
(F) FOP Bulletin Boards shall be location as described below:
Cudjoe Substation
Marathon Substation
Special Operations
Islamorada Substation
Plantation Key Substation
Squad Room
Squad Room
Foyer
Squad Room
Squad Room
Key West Jail
Key Vaca Jail
Plantation Key Jail
Muster Room
Control Room
Control Room
SECTION 4 - Information
Upon request of the Florida State Lodge Fraternal Order of Police Inc.,
the Sheriff or his designee will, on a quarterly basis, provide the Union_with a list
giving the name, classification title, and gross salary for each employee in this
Bargaining Unit. This list will be prepared based on the latest information on flle
at the time the list is prepared. Where employee lists are fully available at no cost
to non-public entities, they shall be made available to the Florida State Lodge
Fraternal Order of Police Inc.,_upon his written request, at no cost.
SECTION 5 - Job Task Analysis
The Sheriff will provide the Florida State Lodge Fraternal Order of Police
Inc., with a copy of any revisions to Job Task Analysis for positions within this
Bargaining Unit, and any revisions to the General Operations Manual. Any
request for additional copies of the Personnel Rules will be made by the Florida
State Lodge Fraternal Order of Police.
SECTION 6 - Representative Access
(A) The Sheriff or his designee agrees that accredited representatives of
Florida State Lodge Fraternal Order of Police Inc. shall have reasonable access to
35
the facilities of the Bureau of Operations to meet with employees of the
Bargaining Unit.
(B) If any area of the Sheriff premises is restricted to the public,
permission must be requested to enter such areas and such permission will not be
unreasonably denied. Such access shall be during the regular working hours of
the employee and shall not interfere with the Sheriff's operations.
SECTION 7 - Collective Bargaining
The FOP may by written notice to the sheriff select up to three members
to attended collective bargaining meetings. A designated employee will be
granted administrative leave with pay to attend any joint bargaining session with
the Sheriff's representatives which takes place during the scheduled work time of
the designated employee. Participation in or travel to a meeting taking outside
of scheduled work time will not be included as compensable work time
ARTICLE 16-TRAINING
The Sheriff and the Union recognize the importance of training programs
in the development of the employees of the Sheriff. The Sheriff agrees to abide
by the terms of the General Operations Manual concerning training
opportunities and career development.
SECTION 1 - Employee Education
(A) The Sheriff may allow employees time off with pay for the purpose
of attending short courses, institutes, and workshops which will improve their
performance in their current position.
(B) Such leave may be granted if the employee applies in advance in
writing specifying the course and his objectives related to his position; the
employee obtains permission of his Sheriff or his designee; and such leave does
not interfere with Sheriff's Office operations.
36
(C) No out-of-state travel will be approved to attend such courses,
institutes, or workshops when similar programs are available within the State of
Florida.
(D) This Section does not preclude the Sheriff from assigning
employees to attend training courses as determined by management.
SECTION 2 - Trainees
The Sheriff or his designee will make a good faith effort to ensure that
employees appointed with trainee status are enrolled in basic recruit training
within three months following such appointment.
SECTION 3 - Grievability
(A) Any claim by an employee or the Union concerning this ARTICLE
shall not be subject to the Grievance Procedure of this Agreement.
(B) If an officer is required to attend training for a certification or re-
certification during non-scheduled work time, such time need not be
compensated.
ARTICLE 17-RETIREMENT
Any employee who retires in good standing as set forth by FRS, and has
twenty-five (25) years of service with the Monroe County Sheriff's Office, shall
be allowed to keep the employee's M.C.S.O. duty badge, firearm (if issued) and
I.D. card at no cost.
ARTICLE 18-DRUG AND ALCOHOL TESTING
The employees covered hereunder shall be subject to Departmental
Standards as per current policy as directed in the Sheriffs Office General Manual
for cause as of the date of this agreement. This Directive establishes a drug-free
workplace within the Monroe County Sheriffs Office through fair and reasonable
drug or alcohol testing for the protection of the Office, the Employees, and the
Public as of the date of this agreement. However, the employees covered
hereunder shall not be selected for random drug testing more than twice in any
37
365 day period except for cause. This restriction does not apply to employees
assigned to any Narcotics Unit, or serving on the SWAT, CERT, or Dive Teams.
ARTICLE 19-UNIFORM AND INSIGNIA
The Sheriff shall issue uniforms and uniform accessories free of charge to
all Bargaining Unit employees who are required to wear them. Uniforms issued
to women may be designed and cut for women.
ARTICLE 20-NO STRIKE
(A) During the term of this Agreement, neither the Union nor its
officers or agents or any employee, for any reason, will authorize, institute, aid,
condone or engage in a slowdown, work stoppage, strike; interfere with the work
and statutory functions or obligations of the Sheriff, or engage in any other
activities prohibited by Section 447.203(6), Florida Statutes.
(B) The Union agrees to notify all of its local offices and
representatives of their obligation and responsibility under this ARTICLE and
for maintaining compliance with the constitutional and statutory prohibition
against strikes. The Union further agrees to notify employees of these
responsibilities, including their responsibility to remain at work during any
interruption which may be caused or initiated by others.
(C) The Sheriff may discharge or discipline any employee who violates
the provisions of this ARTICLE and the Union will not resort to the Grievance
Procedure on such employee's behalf; however, if the issue is whether or not the
employee engaged in activities prohibited by this ARTICLE, the Union may elect
to represent the employee in such grievance through the Grievance Procedure.
(D) Nothing contained herein shall preclude the Sheriff from obtaining
judicial restraint and damages in case of a violation of this ARTICLE.
ARTICLE 21-SAVINGS CLAUSE
38
(A) If any provision of this Agreement is in contravention of the laws
or regulations of the United States or of this State, by reason of any court action
or existing or subsequently enacted legislation; or if the appropriate governmental
body having amendatory power to change a law, rule or regulation which is in
conflict with a provision of this Agreement fails to enact or adopt an enabling
amendment to make the provision effective in accordance with Section
447.309(3), Florida Statutes; then such provision shall not be applicable,
performed or enforced; but the remaining parts or portions of this Agreement
shall remain in full force and effect for the term of this Agreement.
(B) If any provision of this Agreement is found to have the effect of
causing the Sheriff to be denied funds otherwise available through federal
funding, then such provision shall not be applicable, performed or enforced.
ARTICLE 22-0FFICE RULES AND REGULATIONS
(A) It is agreed and understood that each employee will be provided access to
an electronic copy of any office manual, or memoranda which replaces, updates,
or supersedes the present manual containing the Office's rules and regulations
and a copy of this agreement. Any changes to the departmental manual shall be
distributed to the employees within sixty (60) days after formal adoption, or as
soon thereafter as practical.
(B) The FOP shall be provided a copy of the current office manual and any
memoranda that update or supersede portions of the manuaL
ARTICLE 23-PREVAILING RIGHTS
(A) This Agreement shall not be construed to deprive any employee of
benefits or protection granted by federal, state, or local law in effect at the time of
execution of this Agreement, or taking effect at a later date, except that review of
disciplinary action by the Career Service Board created under Chapter 97-345,
Laws of Florida, is not available to Bargaining Unit employees during the term of
this Agreement.
39
(B) This ARTICLE shall not be construed to limit the Sheriff from
altering practices that could adversely affect the safety or welfare of any employee
or citizen of the County.
(D) Should the Sheriff or his designee alter a prevailing right as defined
in this ARTICLE based on its effect on the safety or welfare of any employee or
citizen of the County, the reason for the change shall be set forth in writing at the
time the change is announced. The Union shall have the right to impact bargain
concerning the change if it is in conflict with the provisions of this Agreement.
ARTICLE 24-INDIVIDUAL RIGHTS
Nothing contained in this collective bargaining agreement shall foreclose
any employee covered by this Agreement from pursuing any right or remedy
available under this Agreement without representation of the Employee
Organization. Further, nothing contained in this Agreement shall foreclose any
employee from discussing a problem directly with an immediate supervisor or
other departmental official without the intervention of the Employee
Organization, provided that the immediate supervisor or other departmental
official agrees to discuss or attempt to resolve the matter outside the formal
grievance procedure.
In matters involving a formal grievance, the Employee Organization shall
be given the opportunity to be present at any meeting called for the resolution of
such grievance.
ARTICLE 25-PHYSICAL EXAMINATIONS AND WORKERS
COMPENSATION BENEFITS
The Sheriff agrees to maintain the policies regarding these matters as were
in effect October 1, 2004.
ARTICLE 26-JOB-CONNECTED DISABILITY
SECTION 1- An employee, who sustains a job-connected disability, is
eligible for disability leave with pay in accordance with the following policy:
40
Workmen's Compensation Leave (Disability Leave)
The disability leave referred to here is administrative leave as a result of a
job-related injury.
For an absence to be considered and compensated by Worker's
Compensation, an authorized physician must submit in writing the diagnosis
and length of time the member is expected to be unable to work. If an
individual is released back to duty and subsequently calls in sick due to the
prior sustained injury, an additional authorized physician's note must be
provided, even for one day.
An authorized physician is a physician who is designated by the Monroe
County Workmen's Compensation Section. The original physician's note must
be forwarded to the Risk Manager for processing and follow up. Any injury or
physical condition resulting from horseplay or that is intentionally self-inflicted
will not be considered as duty-related.
The Sheriff may request medical and other evidence in order to
determine the current status and progress of the member's ability to perform
meaningful duties within the Office.
Compensation During Disability Leave
Members sustaining a service connected injury shall be compensated in
the following manner:
As per Florida State Statute 440.15 (12) - "Any law enforcement officer
who, while acting within the course of employment, is maliciously or
intentionally injured and who thereby sustains a job-connected disability
compensable under this chapter shall be carried in full-pay status rather than
being required to use sick, annual, or other leave. Full-pay status shall be
granted only after submission to the employing agency's head of a medical
report, which gives a current diagnosis of the employee's recovery and ability to
return to work. In no case shall the employee's salary and workers'
compensation benefits exceed the amount of the employee's regular salary
. "
reqUlrements.
41
Members wishing clarification on whether their injury falls under this
portion of the policy should provide a written statement which details the
circumstances surrounding the injury. This statement should be provided to
the Bureau Chief of Administration, via chain of command.
For all other injuries, the Monroe County Sheriffs Office will pay the
difference between workers' compensation benefits and the employee's regular
salary, taking into account the tax-free nature of workers' compensation
benefits, for a period of 90 calendar days after injury.
After 90 days, an employee may elect to receive payment of the
difference between workers' compensation and the regular salary of the
employee by using all available hours of category of leave in the order listed
below:
Comp time
Sick time
Vacation time
When the employee has exhausted all available leave or has been out for
a period of six months the employee will receive only the Worker's'
Compensation benefits and their position may be filled.
Under no circumstance will an employee be allowed to sell accrued leave
to earn in excess of their normal bi-weekly pay without the approval of the
Hardship Committee.
Check(s) received by the employee from the Monroe County insurance
carrier for wages are not to be cashed by the employee and must be promptly
forwarded to the Finance Division.
Personal leave and other benefit credits will continue to accrue during
any period of time a member is on disability leave for an on duty injury.
SECTION 2- Non-Work Related Illnesses/Injuries or Temporary
Disabilities (Light Duty)
1. The Office recognizes the need to accommodate members who
have had a non-work related injury, illness or temporary disability with a light
duty assignment to compliment and facilitate the healing process. This policy
42
does not limit or deny the members rights under the Family and Medical Leave
Act or the Americans' with Disability Act.
2. Eligibility is restricted to employees who meet all of the following
cntena:
Are temporarily disabled,
Are approved by the treating physician to be a candidate for light
duty,
Have been employed with the Office for twelve months prior to
the injury, and
Worked at least 1250 hours (full time employees) or 625 hours
(part time employees) in the past 12 months prior to the request.
3. When all leave is exhausted the employee must return to full duty.
If the employee can not return to full duty, the employee may resign, take a
leave of absence or accept another position within the agency, if available,
which accommodates their physical work abilities, with the appropriate pay
adjustment.
4. Light duty assignments are limited to 90 days from the date of
injury /illness or disability. During the employee's light duty assignment the
employee's salary and accrual rates will remain the same.
The employee requesting a light duty assignment must have the treating
physician complete the physician's statement form. This form will outline the
employee's functional limitations and provide an expected date the employee
will be able to return to full duty. The completed physician's statement form
will be submitted to the Executive Director of Human Resources via the
Chain-of-Command. The Office reserves the right to obtain a second opinion
from a physician of its choosing.
Human Resources will, upon receiving the request, search for a light
duty assignment that accommodates the restrictions placed by the treating
physician and fulfills the needs of the Office.
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Human Resources will notify the employee and the appropriate
supervisor of the light duty assignment identified.
If a light duty assignment can not be identified the employee will be
notified and may discuss leave options with their immediate supervisor.
Employees on light duty will be required to work their normal amount
of hours unless otherwise stated on the physician statement form. If the
physician indicates the employee is not able to work their normal amount of
hours they will be compensated for the hours they are able to work. Accrual
rates for leave benefits will be based on the number of hours the individual is
paid.
The employee will be required to use accrued leave time for medical
appointments while on light duty. If the employee does not have any accrued
leave time, the leave will be without pay.
The employee will continue to accrue sick and vacation time and all
other benefits in accordance with current policy and procedures while on the
light duty assignment.
If at the end of the 90 days light duty assignment the employee is not
able to return to their normal duty assignment, the employee may use accrued
leave, compensatory time, apply to the sick leave pool, or accept another
position which they can reasonably complete given their limitations. The salary
of the affected individual will be changed to the level of their new position
giving them credit for their years of service with the Office.
ARTICLE 27-TIME POOL FOR UNION BUSINESS
The Sheriff agrees to accept annual leave donations from unit members to
be used for Union business. The total time in the time pool will not exceed two
hundred (200) hours. Any time in the time pool that remains at the end of the
fiscal year will be carried over to the next fiscal year.
Members of the collective bargaining unit may apply to use time pool time
for the following purposes:
FOP meetings
44
FO P training and seminars
State and national Law Enforcement Officer Memorial events
Attending public budget hearings pertaining to or resolution of
impasse hearings before the county commission.
Charges against the FOP time pool shall only be made when approved by
the FOP President and the Sheriff. Charges to the time pool must be clearly
indicated on the employee time sheet.
This article is excluded from the Grievance Procedure.
ARTICLE 28- TEMPORARY ASSIGNMENT TO A HIGHER
CLASSIFICATION
If a sergeant is unable to work a regularly scheduled shift, the Sheriff will
designate an Acting Sergeant. While serving as Acting Sergeant, an employee will
receive an additional five percent (5%) compensation above the regular pay rate
of the employee.
ARTICLE 29-CLASSIFICATION REVIEW
When an employee alleges that the employee is being regularly required to
perform duties which are not included in the position description of the position
being filled by the employee, and the employee alleges that the duties assigned are
not included in the official Job Task Analysis to which the position is allocated,
the employee may request in writing to Human Resource review the duties
assigned to the employee's position. The Sheriff shall review the duties as
requested. The employee will receive a copy of the written decision within sixty
(60) days of the request. If the decision is that the duties assigned are sufficient to
justify reclassifying the position, either the position will be reclassified or the
duties in question will be removed. The decision of the Sheriff shall be final and
binding. If the position is reclassified and requires a pay increase, the Sheriff
shall request additional funds for additional pay in the next regularly scheduled
budget cycle.
ARTICLE 30-AUTHORIZED USE OF PRIVATE AUTOMOBILES
45
Any employee authorized to use, by the sheriff, his/her private automobile
in the performance of his/her official sheriff's Office duties out of the county
shall be compensated at the mileage rate set by the Sheriff for such travel. Such
mileage shall be computed based on the distance between the employee's regular
duty station and the place of assignment or the employee's residence and the
place of assignment, whichever is shorter. Mileage shall not be paid for
commuting to and from the regular duty station, nor shall mileage be paid for
travel to and from off-duty court appearances and/or off duty shooting range
appearances.
ARTICLE 31-SPECIAL ASSIGNMENT PAY
(A) Employees assigned as Field Training Officers shall receive a special
assignment pay of five percent (5%) of their base pay while actively engaged in
field training activities. The Sheriff may remove employees from FTO
assignments as he sees fit. The Sheriff's decision regarding appointment to or
removal from FTO positions is not grievable.
(C) K-9 Officers shall receive four (4) hours of pay per week in addition to
their regularly scheduled duties for care and feeding of their animals. The Sheriff
may remove employees from K-9 assignments as he sees fit. The Sheriff's
decision regarding appointment to or removal from K-9 positions is not
grievable.
ARTICLE 32-REASSIGNMENT, TRANSFER, CHANGE IN DUTY
STATION
Employees who have attained permanent status as defined by the General
Operations Manual, which was in effect at the time of ratification of this
agreement_and who meet all eligibility requirements shall have the opportunity to
request reassignment to vacant positions within their respective agencies in
accordance with the provisions of this ARTICLE.
SECTION 1 - Definitions
As used in this ARTICLE:
46
(A) "Duty station" shall mean the place that is designated as an
employee's official headquarters.
(B) "Change in duty station" shall mean the moving of an employee to
a duty station.
(C) "Reassignment" shall mean the moving of an employee from one
position in a class to a different position in the same class.
(D) "Transfer" shall mean the moving of an employee from one
geographic area of the Sheriff or his designee to a different geographic location
at least fifty (50) miles distant.
(E) "Sheriff's Office needs" are those actions which the Sheriff decides
to take in order to meet its mission of protecting the public, providing a safe and
humane environment for staff and offenders, working in partnership with the
community to provide programs and services to offenders and supervising
offenders at a level of security commensurate with the danger they present.
"-.;.
SECTION 2 - Procedures
(A) An employee who has attained permanent status may apply for a
reassignment as long as they have been in their current position for 1 year prior to
be considered for a transfer.
(B) An employee may submit a Request for Transfer any time a notice is
posted. Such submissions shall be made within ten (10) days of the position
posting or other period specified on posting of position, not to exceed thirty (30)
days.
(C) The hiring authority shall normally fill a permanent vacancy with
the employee who has the greatest length of service in the class and who applies
for the vacancy. The parties agree, however, that other factors, such as
employees' work history, performance, training, and disciplinary history, and
Sheriff's Office needs, will be taken into consideration in making the decision as
to whether or not the employee with the greatest length of service in the class
will be placed in the vacant position.
(F) All employees have access to the Sheriff Office's transfer file upon
request.
47
SECTION 3 - Involuntary Reassignment, Transfer, Or Change in Duty
Station
Nothing contained in this Agreement shall be construed to prevent the
Sheriff, in his discretion, from effecting the involuntary reassignment, transfer or
change in duty station of any employee according to the needs of the Sheriff's
Office; however, the Sheriff's Office will make a good faith effort to take such
action only when dictated by the needs of the Sheriff's Office and in each case,
will take into consideration the needs and circumstances of the employee prior to
taking such action.
SECTION 4 - Notice
When possible, an employee shall be given a minimum of fourteen (14)
calendar days notice before the Sheriff's Office effecting any reassignment or
transfer of the employee. In the case of a transfer, the Sheriff's Office will make
a good faith effort to give a minimum of thirty (30) calendar days notice. The
parties agree, however, that these notice requirements shall not be required during
an emergency.
ARTICLE 33-HOURS OF WORK AND OVERTIME
SECTION 1- Hours of Work and Overtime
(A) The normal work period for each full~time employee shall be no
more than 171 (one hundred and seventy one) hours in any 28 (twenty-
eight) day cycle.
1. A normal working day will consist of a 12.25 hour day for the
majority of the bargaining unit. Some positions currently working
an 8 or 8.5 hour shift due to the nature of the work will continue
with their existing schedules (e.g., classification, laundry, inmate
services sergeant, etc). Any change hours, other than for emergency
purposes, is not allowed by contract, unless a majority of the
bargaining unit has accepted the change in a formal vote.
48
2. No change in shifts will be allowed, by contract, unless voted on
by a majority of the bargaining unit affected. Shifts will remain to
the A, B, C, and D shifts except in emergency situations and
implemented by the Sheriff.
Management retains the right to schedule its employees; however, the
Sheriff or his designee will make a good faith effort, whenever practical, to
provide the employees with consecutive hours in the workday and
consecutive days in the workweek.
The Sheriff will comply with all of the terms of the Federal Fair Labor
Standards Act as from time to time amended.
(B) Nothing herein shall require the payment of straight time or time
and one-half when an insubstantial amount of time is worked in
excess of the length of the employee's normal shift. For the
purpose of this ARTICLE, an insubstantial amount of time shall
be considered any period of time less than one-quarter C/4) hour.
(C) Management retains the right to approve or disapprove time off for
its employees. However, the Sheriff will make a good faith effort,
whenever practical, to allow employees to use compensatory leave
credits as requested by the employee. Failure to approve an
employee's specific request shall not be grievable under the
provisions of ARTICLE 10 of this Agreement
(D) The Sheriff that the assignment of overtime is not to be made
based on favoritism and agrees to develop a mandatory overtime
rotation list as stated in SECTION G. In any case, where an
employee has reason to believe that overtime is assigned based on
favoritism, the employee shall have the right to the Grievance
Procedure under ARTICLE 10 herein, to Step 3 of the procedure.
(G) Overtime list
1 - The FOP shall establish an overtime list. It shall be updated
every month.
2 - It shall be the responsibility of the effected watch commander
to make the appropriate call using the overtime list.
49
3 - Reasonable attempts will be made to fill shift vacancies with
non-ranking officers currently assigned to the Bureau of
Corrections.
4 - If the shift vacancies cannot be filled with non-ranking officers,
reasonable attempts will be made to fill the shift vacancies with
sergeants currently assigned to the Bureau of Corrections.
5 - If the shift vacancies can not be filled with non-ranking officers
or sergeants currently assigned to the Bureau of Corrections,
reasonable attempts will be made to fill the shift vacancies with
officers and or sergeants currently assigned to the road patrol
division.
(H) Members called into work on a regularly scheduled day off shall be
compensated for a minimum of two hours worked.
SECTION 2 - Work Schedules, Vacation and Holiday Schedules
(A) When regular work schedules are changed, employees' normal work
schedules, showing each employee's shift, workdays and hours, will be posted no
less than fourteen (14) calendar days in advance, unless the sheriff determines a
manpower shortage exist, and will reflect at least a two (2) workweek schedule;
however, the Sheriff or his designee will make a good faith effort to reflect a one
(1) month schedule. With prior written notification of at least three (3) workdays
to the employee's immediate supervisor, employees may mutually agree to
exchange days or shifts on a temporary basis. If the immediate supervisors
object to the exchange of workdays or shifts, the employee initiating the
notification shall be advised that the exchange is disapproved.
(B) Where practical, shifts, shift transfers and regular days off shall be
scheduled with due regard for the needs of the Sheriff's Office, seniority and
employee preference. The Sheriff and the Union understand that there may be
times when the needs of the Sheriff's Office will not permit such scheduling.
(C) When an employee is not assigned to a rotating shift and the
employee's regular shift assignment is being changed, the Sheriff or his designee
will schedule the employee to be off work for a minimum of twenty-four (24)
50
hours between the end of the previous shift assignment and the beginning of the
new shift assignment.
(D) Where practical, vacation and holiday leave shall be scheduled at
least sixty (60) days in advance of such leave. Time off for vacations and
holidays, when the holiday is a regularly scheduled workday for the employee, will
be scheduled with due regard for the needs of the Sheriff's Office, seniority and
employee preference. In implementing this provision, nothing shall preclude the
Sheriff or his designee's Office from making reasonable accommodations for
extraordinary leave requests as determined by the Sheriff's Office, or ensuring the
fair distribution of leave during holidays.
(E) An employee may be allowed to swap a shift with another employee
under the following conditions:
1 - The shift swap shall be completed by both employees within the same
fourteen-(14) day pay period; and
2 - A shift swap shall not result in additional cost to the Sheriff's Office;
and
3 - The employee originally scheduled to work the shift shall be
responsible for making certain that the employee's shift is covered; and
4 - Failure of an employee to obtain the required written approval or
otherwise comply with the conditions hereunder will result in appropriate
disciplinary action.
5 - No swap will be approved if it results in an employee working more
than 16 hours without an 8 hour break.
SECTION 3 - Break Periods/Meal Breaks
(A) No supervisor shall unreasonably deny an employee a fifteen- (15)
minute break period during each six (6) hour work shift. Whenever possible, such
rest periods shall be scheduled at the middle of the work shift. However, it is
recognized that many positions have a post of duty assignment that requires
coverage for a full twelve-hour shift, which would not permit the employee to
actually leave his post. In those cases, it is recognized that the employee can
"rest" while the employee physically remains in the geographic location of his
duty post. All rest periods must be approved by a supervisor in advance.
51
(B) An employee may not accumulate unused rest periods, nor shall rest
periods be authorized for covering an employee's late arrival on duty or early
departure from duty.
(C) No supervisor shall unreasonably deny an employee a meal break
of 30 (thirty) minutes during any twelve (12) hour shift.
SECTION 4 - Court Appearances
If an employee is subpoenaed to appear as a witness in a job-related court
case, not during the employee's regularly assigned shift, the employee shall be paid
a minimum of two hours pay at time and a half of his hourly rate
SECTION 5 - No Volunteer Time Required
Bargaining Unit employees shall not be required to volunteer time to the
Sheriff.
SECTION 6 -Holiday Pay
All bargaining unit employees shall be paid for the following holidays as
described in the in Article 6:
Christmas
- New Years
Good Friday
Memorial Day
4th of July (Independence Day)
Thanksgiving
Day after Thanksgiving
All bargaining unit employees shall accrue leave for the following holidays
as described in the in Article 6:
President's Day
Martin Luther King Day
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- Labor Day
- Veteran's Day
- Member's Birthday (fo be credited to all member's on Veteran's
day)
SECTION 7 - Special Compensatory/Leave Credit Balances
During the term of this Agreement, an employee may be required to
reduce accumulated special compensatory leave credit balances to a level of 48
hours. Where an employee is required to reduce special compensatory time, the
employee shall be provided seven (7) days advance notice of such requirement.
Such required leave shall be scheduled at a minimum of twelve (12) hour
increments if such hours are available.
SECTION 8 - MINIMUM STAFFING KEY WEST JAIL
(A) The Sheriff shall schedule sufficient personnel to maintain an
officer-to-inmate ratio of seventy-two-(72) inmates to one-(1) officer in Units C
& D of the Key West Jail. To fulfill the Sheriff's obligation under this Section,
PBA shall supply a list of bargaining unit members willing to be called in to work
overtime in those units. When, two hours prior to the beginning of a shift, it is
reasonably apparent that the ratio will not be maintained, the Sheriff or his
designee shall call officers on the list to come to work in order to maintain the
ratio. Should the employees fail to respond, or if no list is available, the minimum
staffing requirement shall be waived for the next shift and no grievance shall be
flied.
(B) This minimum staffing requirement shall not be enforced when all
inmates are locked down in their cells.
ARTICLE 33-LIMITATION ON OPENING NEGOTIATIONS
This Agreement contains the entire agreement of the parties on all matters
relative to wages, hours, working conditions, and all other matters, which have
been, or could have been negotiated by and between the parties prior to
53
execution of this Agreement. Either party shall be permitted to reopen or
renegotiate this Agreement or any part of this with written notice and by mutual
agreement.
ARTICLE 34-ENTIRE AGREEMENT
SECTION 1- Agreement/Reopeners
(A) This Agreement, upon ratification, supersedes and cancels all prior
practices and agreements, whether written or oral, unless expressly stated to the
contrary herein, and constitutes the complete and entire agreement between the
parties, and concludes collective bargaining for its term.
(B) 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 understandings and
agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement.
(C) The Sheriff and the Union, for the duration of this Agreement,
voluntarily and unqualifiedly waive the right, and agree that they shall not be
obligated to bargain collectively with respect to any subject or matter referred to,
or covered in this Agreement, even though such subjects or matters may not have
been within the knowledge or contemplation of either or both of the parties at
the time they negotiated or signed this Agreement.
SECTION 2 - Memoranda of Understanding/Settlements
The parties recognize that during the term of this Agreement, situations
may arise which require terms and conditions not specifically and clearly set forth
in the Agreement must be clarified or amended. Under such circumstances, the
Bargaining Unit Employees shall be notified and advised of any changes. Before
any change in the terms and conditions of this Agreement the Bargaining Unit
Employee must ratify such change.
ARTICLE 35-DURATION
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SECTION 1 - Term
(A) This Agreement is effective as of the day it is ratified by bargaining
unit employees and shall remain in full force and effect through the thirtieth day
of September 2007. A copy of this agreement shall be provided on the Sheriffs'
Office website.
(B) If the Sheriff and the Union fail to secure a successor Agreement
prior to the expiration date of this Agreement, the parties may agree in writing to
extend this Agreement for any period of time. .
SECTION 2 - Notices
(A) In the event either party desires to renegotiate this Agreement, it
must provide written notice to the other party at least 60 days prior to the
expiration date. Failure to provide such notice relieves the other party of the
obligation of negotiating a replacement agreement and permits the Sheriff to
make changes or modifications in the wages, hours, and terms and conditions of
employment set forth in the expired agreement.
(B) Notices there under shall be given by registered or certified mail,
and if by the Sheriff shall be addressed to the Florida State Lodge Fraternal
Order of Police, 242 Office Plaza, Tallahassee, Florida 32301 and if by the
Union shall be addressed to Sheriff Richard D. Roth, 5525 College Road, Key
West, Florida 33040. Either party may, by a like written notice, change the
address to which such notice shall be given. Notices shall be considered to have
been given five days after the date postmarked.
SECTION 3 - Emergencies
If it is determined that civil emergency conditions exist, including, but not
limited to, riots, civil disorders, hurricane conditions, or similar catastrophes, the
provisions of this Agreement may be suspended by the Sheriff or his designee
during the time of the declared emergency, provided that wage rates and
monetary fringe benefits shall not be suspended. It is understood that a declared
emergency may be limited to specific geographic areas, in which case suspension
of the terms of this Agreement as provided above, would apply only to those
employees permanently or temporarily assigned to such areas.
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SECTION 4 - BOCC Ratification of Pay Plan
(A) Notwithstanding anything to the contrary in this Agreement, the
provisions regarding pay, holiday pay, longevity pay, and reduction in annual leave
accruals for FY 2006 and FY 2007 will not be binding on the Sheriff and FOP
unless and until this Agreement is ratified by the Monroe County Board of
County Commissioners. The Sheriff will take the Agreement for BOCC
ratification at the first available regularly scheduled meeting of the BOCC after
ratification by the members of the collective bargaining units.
(B) If the BOCC fails to ratify the provisions of this Agreement
regarding pay, holiday pay, longevity pay, and reductions in annual leave accrual,
then the Sheriff and FOP will return to the bargaining table for negotiations
regarding these items.
11:: ~ ~
Sheriff Richard D. Roth
Date: #J--
FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE
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56