Broward County Sheriff's Office Collective Bargaining Agreement PDF

COLLECTIVE BARGAINING AGREEMENT between the BROWARD SHERIFF’S OFFICE and the FEDERATION OF PUBLIC EMPLOYEES A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES (AFL-CIO) OCTOBER 1, 2021 – SEPTEMBER 30, 2024 ARTICLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23...

COLLECTIVE BARGAINING AGREEMENT between the BROWARD SHERIFF’S OFFICE and the FEDERATION OF PUBLIC EMPLOYEES A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES (AFL-CIO) OCTOBER 1, 2021 – SEPTEMBER 30, 2024 ARTICLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Appendix A Appendix B Appendix C SUBJECT PAGE Recognition Non-Discrimination Grievance Procedures Management Rights Maintenance Rights No Strike – No Lockout Union Deductions Hours of Work/Overtime Leave, Holidays, Personal Day, Bereavement Leave, Jury Duty, Military Leave, Reporting Illness Compensation & Benefits Americans With Disabilities Act Bulletin Boards Educational Reimbursement FPE Representatives/Union Business Notice of Rules Manuals Safety Committee Subcontracting and Successorship Probation Management/Labor Council Light Duty Assignments Seniority, Layoff, Recall & Vacancies Working Out of Classification Use of Personal Vehicle Uniforms and Equipment Seminars and Training Drug and Alcohol Testing Retirement Badges Reproduction of Agreement Savings Clause Minimum Recommended Staffing Requirements – Regional Communications Division Care and Maintenance of Canines Terms of Agreement 4 7 8 13 15 16 17 18 21 FPE/BSO Settlement and Release Agreement 2003-2007 – In Part MOU – Sworn/Certified Reallocations Regional Communications Salary Schedule 6.4.2022-9.30.2023 78 2 33 46 47 48 49 52 53 54 55 57 58 59 66 67 68 70 71 72 73 74 75 76 77 80 84 This agreement is entered into this October 1, 2021 by and between Broward County Sheriff’s Office , (hereafter referred to as “Sheriff” or “BSO”), and the FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES, (AFL-CIO) hereafter referred to as “FPE” or “Bargaining Unit” located within the county of Broward, State of Florida. Recitals Whereas, the FPE is the sole and exclusive bargaining representative of the following described employees within the Certified Bargaining Unit; Whereas, the Sheriff and the FPE have negotiated in good faith, with the FPE acting as the exclusive agent for those bargaining unit members included in the certified unit with respect to wages, hours, and terms of conditions of employment; and Whereas, the parties following extended and deliberate negotiations and having had an opportunity to freely discuss any and all issues, have reached a certain mutual understanding which they desire to reduce to writing. In consideration of the following mutual covenants, it is hereby agreed as follows: 3 ARTICLE 1 RECOGNITION The SHERIFF recognizes the FPE as the sole and exclusive representative for purposes of collective bargaining as certified by the Public Employees Relations Commission, Certification #1104, with respect to wages, hours, terms and working conditions of employment exclusively for those employees contained within the certified unit as described hereafter, and/or as adjusted by written mutual agreement of the parties: Included: Accounting Specialist I Accounting Specialist II Administrative Specialist I Administrative Specialist II Administrative Support Specialist Aircraft Technician Audio/Visual Technician Cadet – Detention Case Filing Specialist Civil Process Server Civil Process Server Supervisor Civil Process Specialist I Civil Process Specialist II Civil Writs Specialist Claims Representative Clerical Specialist Code Inspector Commissary Storeroom Supervisor Regional Communications Duty Officer Regional Communications Operator I Regional Communications Operator II Regional Communications Operator III Community Service Aide Confinement Status Specialist I Confinement Status Specialist II Confinement Status Specialist III Courier Courier Supervisor Court Bailiff Crime Analyst Crime Scene Technician I Crime Scene Technician II Crime Stoppers Specialist Deputy Sheriff - Detention/Cross Certified Deputy Sheriff – Detention Detention Aide 4 Detention Technician Detention Facilities Maintenance Supervisor Detention Law Library Specialist Digital Forensics Assistant Digital Records Supervisor Digital Records Technician Electronic Surveillance Technician Evidence Technician Firearms Training Specialist Fire Equipment Technician Fire Rescue Analyst Fire Rescue Facilities Maintenance Supervisor Fleet Fuel Transport Driver Fleet Service Specialist Fleet Service Writer Forensic Technician I.D. Technician I I.D. Technician II Inmate Asset Specialist I Inmate Asset Specialist II Inmate Property Supervisor Investigative Aide I Investigative Aide II Mail Clerk Maintenance Specialist Maintenance Technician Marine Mechanic Parking Enforcement Specialist Photographer Property Specialist I Property Specialist II Public Records Specialist Public Records Supervisor Public Records Technician Purchasing Assistant Records/Warrants Specialist Records/Warrants Supervisor Records/Warrants Technician Senior Aircraft Technician Senior Parking Enforcement Specialist Senior Systems Technician Sergeant - Detention Sergeant - Detention/Cross Certified Strategic Intelligence Analyst Systems Technician Terminal Agency Coordinator Training Specialist 5 Treatment Caseworker Video Production Specialist New and/or Changed Classifications: If new classifications are established by the Sheriff and added to the bargaining unit or if the duties of existing bargaining unit classifications are substantially changed, the Sheriff shall forward the changes and any proposed wage scale to the FPE for review. The Sheriff and the FPE retain all rights as to new and/or changed classifications consistent with the applicable law including the FPE’s right to impact bargain when applicable by law and consistent with Article 5 Section 5.2. Excluded: All other employees of the Broward Sheriff’s Office including managerial, confidential, temporary, professional, and supervisory employees with a conflict of interest, sworn and certified law enforcement officers, and all other BSO employees not specifically identified herein. The Sheriff shall provide the FPE a list of the current bargaining unit members within a reasonable period following ratification. The list shall include their home address, classification, and current pay step and grade. The Sheriff shall provide periodic updates to include all newly hired unit members. Any unit member may direct BSO to exclude their home address from such list. Further, the FPE agrees to indemnify and hold BSO harmless from any claim or cause of action brought by a bargaining unit member because of BSO's compliance with this provision. 6 ARTICLE 2 NON-DISCRIMINATION 2.1 The FPE reserves the right to refuse membership to anyone via the Investigative Membership Committee, for just cause. The FPE will not discriminate in membership on the basis of age, race, creed, color, religion, national origin, sex, marital status, disability, or sexual orientation. 2.2 Removal from the FPE or membership removal is the exclusive right of the FPE, provided that such removal is not solely related to age, race, creed, color, religion, national origin, sex, marital status, disability, or sexual orientation. 2.3 No bargaining unit member or designated representative covered by this Agreement will be discriminated or retaliated against by BSO because of membership in the bargaining unit or authorized activity as required in this agreement on behalf of the bargaining unit. 2.4 The FPE will not discriminate against employees covered by the Agreement on the basis of their refusal to become an FPE member. 2.5 Both BSO and the FPE oppose discrimination on the basis of race, color, creed, sex, sexual orientation, national origin, age, religion, disability, pregnancy, marital status, or gender identity and expression or as otherwise required by law. However, the parties also recognize that BSO has established an internal procedure to investigate and resolve alleged cases of discrimination, which is in addition to existing and adequate procedures established by Broward County, the State of Florida and the Federal government. Accordingly, no allegation of employment discrimination can be processed through the contractual grievance/arbitration procedure. 7 ARTICLE 3 GRIEVANCE PROCEDURE 3.1 The parties will promptly adjust any complaint, dispute, or controversy involving the interpretation or application of any term or provision of this agreement. 3.2 A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this agreement. 3.3 Bargaining unit members receiving disciplinary actions of a suspension of five (5) days or less, or written reprimand, except for those actions concluded via the Admit and Move On procedure shall be entitled only to review by the Administrative Appeals Board (hereinafter, "AAB"). 3.4 Appeals to the AAB shall be submitted within fifteen (15) calendar days from the date of the bargaining unit member's receipt of the final discipline (approved by the Executive Director of Internal Affairs). Appeals must be submitted in writing to the Sheriff or his designee. The decision of the AAB shall be final and binding on both parties. 3.5 AAB Structure Representation: 1) The AAB will consist of three (3) BSO employees. Two (2) employees selected by the Sheriff and one (1) employee will be a representative from the FPE. The FPE Representative will be selected as follows: a. Two separate lists, one of certified/sworn detention deputies and one of non-certified or civilian employees will be submitted by the FPE, via their union representatives, to the Sheriff. b. Each list (certified/sworn and non-certified or civilian) will consist of thirty (30) employees from within the bargaining unit. c. The Sheriff or designee will select fifteen (15) candidates from each list provided. These selected candidates will be eligible to randomly serve on the AAB for a twelve (12) month period and without additional compensation other than regular rate of pay. d. The Sheriff reserves the right to reject the initial submitted lists of candidates without explanation. The FPE will then submit another list of candidates. The Sheriff may not reject the revised lists without a reasonable explanation acceptable to the FPE. e. The employees designated by the Sheriff to serve on each AAB will be selected by the Sheriff in his sole discretion. 8 f. The employees designated by the Sheriff to serve will not have involvement in the current case being presented to the AAB. 2) The AAB will meet periodically at a predetermined date and time to hear employee appeals. 3) The selected FPE members (certified/sworn, non-certified or civilian) will be assigned to hear and determine those disciplinary matters pertaining to their respective employee classification. 4) All three (3) members must be present for the AAB to convene. 5) The Director of the Professional Standards Committee or designee will assist the AAB with procedural questions in ruling upon questions or issues during the hearing process. After all questions have been answered and the hearing concluded, only members of the AAB shall remain in the hearing room to consider the merits of the appeal and render findings. 3.6 Hearing process 1) Attendance by the bargaining unit member at the AAB hearing is not required. Therefore, any request for a continuance by the bargaining unit member should only be granted upon exceptional circumstances. 2) The AAB will hear and determine: a. Bargaining unit member requested cases involving five (5) day suspensions or less. b. Appeals based on previously filed written documents. No oral presentation may be made without supporting written documentation submitted at the time of invoking the appeal process, or as amended. 3) Bargaining unit members or their representative may appear before the AAB to provide a verbal statement restricted to those issues specifically outlined in the bargaining unit member's written appeal, amendments thereto and any documents attached for consideration by the AAB. A representative of BSO will be permitted to appear before the AAB for the same purpose. Either party may invite an additional representative to observe, but not participate, in the AAB proceedings, for purposes of education and training. No disciplinary history, even similar in nature, will be presented in writing or discussed prior to the violation being sustained. 4) The Director of the Professional Standards Committee or designee will ensure that the bargaining unit member is provided with copies of all documentation submitted to the AAB for its review, including but not limited to, the case file, any BSO responses to the bargaining unit member's written appeal and any 9 amendments thereto, no later than ten (10) calendar days prior to the scheduled hearing. 5) The AAB, upon its review of the case and all written materials, will make one of the following findings: a. Sustained b. Not sustained After sustaining any violation, the AAB will: a. Review the bargaining unit member's prior disciplinary history and record. b. Consider the recommended discipline and either accept the recommended discipline, decrease the recommended discipline, or increase the recommended discipline. c. No discipline imposed by the AAB may exceed the jurisdiction of the AAB. 6) A written explanation shall be provided by each member, whenever the AAB does not sustain a charge or increases or decreases the discipline. A copy will be provided to the FPE and the bargaining unit member’s command. 7) The decision of the AAB will be binding on all parties, and no further appeal or grievance is permitted unless the written explanation of a member evidences bias or prejudice. 3.7 Disciplinary suspension of six (6) days or greater, demotion or termination shall be processed through the Professional Standards Committee and ultimately, if not resolved to the bargaining unit member’s satisfaction, to Step Three (3) as set forth below (arbitration). 3.8 Should differences or disputes arise concerning the terms and conditions of this Agreement between the parties to this Agreement or between the bargaining unit members covered herein and the Sheriff, the aggrieved party to this Agreement or any bargaining unit member(s), as the case may be, shall be required to use the following procedures. Step 1 When there is a basis for a grievance, the FPE representative on behalf of the bargaining unit member(s), shall present a written grievance specifying the nature of the grievance and the contract provision(s) allegedly violated to the bargaining unit member's department head, or designee, and a copy to the Office of the General Counsel, within fifteen (15) calendar days of the date on which the bargaining unit member(s) knew or could have reasonably known of the occurrence of the event allegedly giving rise to the grievance. Upon presentation 10 of this written grievance to the department head, or designee, the bargaining unit member and the FPE shall attempt to resolve the dispute and, within fifteen (15) calendar days thereafter, the department head or designee shall render a written decision to both the bargaining unit member(s) and to the FPE. If no decision is rendered within the time period, the grievance shall automatically advance to the next step. Step 2 In the event the aggrieved bargaining unit member is not satisfied with the written decision rendered pursuant to Step 1, above, the same written grievance shall be presented by the FPE, and a copy to the Office of the General Counsel, within fifteen (15) calendar days after receipt of the written answer above, to the Sheriff, or his designee, who shall, within fifteen (15) calendar days of the receipt of same, render a decision in writing. If no decision is rendered within the time period, the grievance shall automatically advance to the next step. Step 3 3.9 In the event a grievance processed through the grievance procedure set forth above has not been resolved, either party may file within fifteen (15) calendar days, and a copy to the Office of the General Counsel, after the Sheriff or his designee, renders a written decision on the grievance, a demand for arbitration upon the Sheriff or his designee. Within fifteen (15) days after filing the demand for arbitration, the FPE shall request the Federal Mediation and Conciliation Services (FMCS) to furnish a panel of seven (7) names from which each party shall alternate striking a name until the seventh (7th) is left which will give a neutral or impartial arbitrator. Both parties shall encourage the arbitrator to render his decision not more than thirty (30) days after the arbitration hearing or, where post-hearing briefs are filed, within thirty (30) days of their submission to the arbitrator. The arbitrator shall not be authorized to amend, modify, add to, or subtract from the provisions of this Agreement. He or she shall consider and decide only the specific issues submitted to him or her by the parties and shall not have any authority to make a decision on any other issue beyond that presented in the Grievance asserted. The arbitrator must address all arguments presented by both parties. The decision shall be based solely upon his/her interpretation of the meaning or application of the express terms of this Agreement or established past practices consistent with the evidence presented. If the arbitrator acts in accordance with this Section, the decision of the arbitrator shall be final and binding on both parties. The parties agree to be subject to the Federal Mediation and Conciliation Service (FMCS) rules of expedited arbitration in instances where the arbitration process set forth above will render the arbitration moot. Where the parties agree that expedited arbitration is necessary to resolve a matter that would otherwise be rendered moot, the FPE shall present a written demand for expedited arbitration within ten (10) calendar days of the date on which the bargaining unit member knew or should have reasonably known of the occurrence or event that allegedly gave rise to the grievance. Expedited arbitration procedures will not include 11 disciplinary arbitrations. The arbitrator shall retain jurisdiction for sixty (60) calendar days to enforce their order. The evidentiary standard to be applied by the arbitrator in any disciplinary or contract grievance shall be preponderance of the evidence. The party bearing the burden of proof must prove its case by a preponderance of the evidence to succeed. The arbitrator’s fees and expenses shall be borne equally by both parties. In addition, court reporter services must be selected from a BSO qualified pool. The court reporter attendance and transcript fees shall be borne equally by both parties unless the FPE wishes to hire another court reporter who will meet the BSO attendance and transcript rates or pay the additional difference. 3.10 Application to this procedure shall foreclose and preclude the grievant from appealing to any other available procedure. Nothing in this Article shall require the FPE to process grievances for employees who are not members of the FPE, in conformity with Florida law. Employees having selected the procedure contained herein to process a grievance, shall be estopped from and waive the right to use any other available procedure for processing grievances or claims. Nothing herein shall prevent the member from maintaining a claim or cause of action independent and separate of the basis of the grievance or the relief sought therein. 3.11 The time limits in this Article shall be strictly observed and may be extended only by written agreement of the parties. However, grievances filed by the FPE on an institutional basis may be filed directly at Step 2 under Article 3.8 as described above. On a case-by-case basis, the parties may mutually agree to bypass any step or steps in the grievance procedure. A moratorium will be observed annually by the parties during the winter holiday season. The moratorium will commence every December 23 through January 4. If January 4 falls on a Saturday or Sunday, the moratorium will be extended until the end of the next day which is not a weekend day. During the moratorium period all grievance time limits shall be tolled. 3.12 The FPE will retain its seat on the Professional Standards Committee (PSC) when the Committee is reviewing a case involving a unit member. The Professional Standards Committee will be guided by the BSO Policy and Procedures Manual. This unit member’s command will be available for any questions posed by members of the committee but will not be authorized to attend the PSC hearing unless called upon. Additionally, the command member will not be permitted a vote unless the command member is a representative of the established Professional Standards Committee (PSC). 3.13 The Sheriff or designee will notify the FPE of all discipline within five (5) business days of final approval, including but not limited to matters that can be reviewed by the Administrative Appeals Board (AAB) in Arbitration. 12 ARTICLE 4 MANAGEMENT RIGHTS The FPE recognizes the right of the Sheriff to operate, manage, and direct all affairs of the Sheriff’s Office, including the exclusive right, subject only to the terms of this Agreement: 4.1 To manage and direct all employees of the Sheriff’s Office including the scope of service to be performed by each employee and the content of each job classification/description. 4.2 To hire, rehire, promote, transfer, schedule, assign, retain and layoff employees in positions with the Sheriff’s Office. 4.3 To suspend, demote, discharge, or take other disciplinary action against employees for just cause. 4.4 To maintain the efficiency of the operation of the Sheriff’s Office including developing and amending job classifications/descriptions and controlling the use of equipment and property of BSO. 4.5 To determine the structure and organization of the Office of Sheriff, including the right to supervise, subcontract, expand, consolidate or merge any division thereof, consistent with Article 17 of this Agreement. 4.6 To determine the number of all employees who shall be employed by the Sheriff, job makeup, activities, assignments, and the number of hours and shifts to be worked per week or pay period, including starting and quitting times of all employees. 4.7 To determine the number, types and grades of positions or employees assigned to an organizational unit, department or project, and the right to alter, combine, reduce, expand or cease any position or organizational unit. 4.8 To determine internal security practices. 4.9 To determine whether and to what extent the work required in the operation of BSO will be performed by employees covered by this Agreement consistent with Article 17 of this Agreement. 4.10 To determine the number, location and operation of work sites within the scope of responsibilities of the Sheriff’s Office. 4.11 To require employees to participate in drug and/or alcohol testing as required by the standards of the Drug Free Workplace Act and/or the Sheriff's Policy, Manual (SPM). 13 4.12 To require employees to observe and obey BSO's policies, procedures, rules and regulations. 4.13 The above are by way of example of the type of matters or rights which belong to and are inherent in the Sheriff in his general capacity of management pursuant to, among other things, the Florida Constitution. Any other rights, powers, and/or authority that the Sheriff had prior to entering into this Collective Bargaining Agreement are retained by him, except as specifically abridged, delegated, granted or modified by this Agreement. 4.14 The parties acknowledge and agree that the management rights provided to the Sheriff in said agreement are imposed pursuant to court order and are not affected by the expiration, ratification or non- ratification of the collective bargaining agreement. 4.15 If the Sheriff fails to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of the Sheriff’s rights to exercise any or all of such functions. 14 ARTICLE 5 MAINTENANCE RIGHTS 5.1 The exercise of the above-defined rights by the Sheriff shall not preclude employees or the FPE from raising grievances should decisions on the above matters have the practical consequences of violating the terms of this Agreement. 5.2 The FPE acknowledges that the Sheriff may, from time to time, make amendments, revisions, additions, deletions and/or changes to the BSO Policy Manual (SPM) and other official documents setting forth rules, regulations, and operational procedures. The Sheriff will give the FPE’s designated business representative a copy of said changes to the Sheriff’s Policy Manual (SPM) ten (10) days prior to issuance except under exigent circumstances. This does not constitute a waiver of the FPE's right to impact bargaining. However, impact bargaining will be deemed waived if not requested in writing to the Sheriff within six (6) months of the change. 15 ARTICLE 6 NO STRIKE - NO LOCKOUT 6.1 The FPE, its officers, agents, representatives, and its bargaining unit members and employees agree that they will not strike, as defined by the Public Employees Relations Act, and agree not to participate in a strike against the Sheriff by instigating or supporting a strike, nor shall the bargaining unit members participate in a work stoppage, slowdown, sickout, job actions or picketing in furtherance of any of the above-prohibited activities. Notwithstanding the above, there shall be no picketing whatsoever in uniform by the bargaining unit members covered by this Agreement. 6.2 During the term of this Agreement, the Sheriff agrees that it will not authorize, cause, or engage in any lockout of bargaining unit members unless a lockout should become necessary for the protection of the Sheriff's property. The Sheriff agrees that picketing out of uniform on an employee's off hours is a constitutional right. 16 ARTICLE 7 UNION DEDUCTIONS 7.1 Union deductions shall be made in accordance with forms provided by the FPE and executed and authorized by the bargaining unit member authorizing said deductions. There shall be no charge made by the Sheriff for these deductions. The exact amount of monies deducted through direct deposit and/or leave hours to be deducted for each bargaining unit member shall be provided by the FPE to the Sheriff. Any changes in the amounts to be deducted shall be given to the Sheriff and bargaining unit members thirty (30) days in advance. These monies shall be transmitted to the FPE within thirty (30) days after the monthly deductions. See Article 14 for total union time pool hours agreed upon. 7.2 This assignment, authorization and direction shall be revocable at any time upon thirty (30) days written notification by the bargaining unit member, to the Sheriff and the FPE. 7.3 The Sheriff shall permit the Union to maintain a separate payroll deduction slot designated specifically for the FPE Benefit Fund. 7.4 The FPE shall indemnify the Sheriff and hold the Sheriff harmless against any and all suits, claims, demands, and liabilities which arise out of or by reason of any action taken by the Sheriff to comply or attempt to comply with the provisions of this Article. 17 ARTICLE 8 HOURS OF WORK - OVERTIME 8.1 The determination of the daily, weekly and/or biweekly work schedules and the starting time of such schedules shall be established by the Sheriff. Such schedules may be changed by the Sheriff from time to time upon fourteen (14) calendar days’ notice to the non-probationary bargaining unit members and the FPE, and five (5) calendar days’ notice to new hire probationary bargaining unit members and the FPE. 8.2 The basic work period for bargaining unit members covered by this Agreement shall be forty (40) work hour(s) in a seven (7) consecutive day period, starting at 00:00 a.m. Saturday and ending at 23.59 Friday, unless otherwise specified or defined herein, or as scheduled by the Sheriff. 8.3 Breaks, Work Hours, Roll Call For purposes of this Article, shift and non-shift schedules are defined as follows: Shift schedules includes work schedules within a work location operating twentyfour hours daily, seven days (24/7) a week or a minimum of sixteen hours daily, seven days a week (16/7). Non-shift schedules include work schedules within a work location operating forty (40) hours within a four (4) or five (5) day period each week. A. Those bargaining unit members assigned to work eight (8) hour or ten (10) hour shift schedules will be entitled to two (2) fifteen (15) minute paid breaks. Bargaining unit members assigned to Regional Communications working a twelve (12) hour shift will be entitled to three (3) fifteen (15) minute paid breaks. Bargaining unit members on an eight (8) hour shift are entitled to one (1) thirty (30) minute unpaid meal break during the eight and one-quarter (8 ¼) hour work day. Bargaining unit members on a ten (10) hour shift are entitled to one (1) forty (40) minute unpaid meal break during the ten and one quarter (10 ¼) hour work day. Bargaining unit members assigned to Regional Communications working a twelve (12) hour shift are entitled to one (1) thirty-minute unpaid meal break during the twelve and onequarter (12 ¼) hour work day. The fifteen (15) minute breaks are not to be taken consecutively or in conjunction with the unpaid meal break unless authorized by the bargaining unit member's immediate supervisor. The break schedules shall be established by the Directors of the applicable departments, or their designees, and may be altered as operationally necessary. A bargaining unit member who voluntarily forfeits their paid break is not entitled to compensation or any type of reimbursement for the lost paid break time and are not entitled to a rescheduled break period. Breaks shall not be unreasonably withheld. Meal breaks will not represent compensable time, except as specified in this Agreement. Nonetheless, bargaining unit members shall continue to receive pay for forty (40) hours of work per regularly scheduled workweek. All bargaining unit members assigned to shift 18 schedules regardless of shift assignment, attend a roll call fifteen (15) minutes prior to their scheduled shift, which shall be included as part of the eight and one-quarter (8 ¼) hour work day, ten and one-quarter (10 ¼) hour work day, or twelve and onequarter (12 ¼) hour work day. B. Those bargaining unit members assigned to work non-shift schedules shall be entitled to two (2) fifteen (15) minute paid breaks and one (1) thirty (30) minute unpaid meal break during the eight and one-half (8 1/2) hour work day or ten and one-half (10 ½) hour work day. The two (2) fifteen (15) minute breaks are not to be taken consecutively or in conjunction with the thirty (30) minute unpaid meal break unless authorized by the bargaining unit member's immediate supervisor. The break schedule shall be established by the Directors of the appropriate departments, or their designees, and may be altered as operationally necessary. Breaks shall not be unreasonably withheld. Meal breaks will not represent compensable time, except as specified in this Agreement. 8.4 Meal Breaks A. All bargaining unit members can be recalled from authorized meal breaks, for up to two (2) meal breaks in each forty (40) hour work period, at the discretion of their supervisor, without incurring any added compensatory time, unless a bargaining unit member has accrued actual work time in excess of forty (40) hours for the seven (7) day period. B. Any bargaining unit member recalled from an authorized meal break shall provide immediate written notice to their supervisor of the recall during a meal break, and that no alternate, uninterrupted meal break was received for that work period. C The Sheriff further agrees to include within any new or renewed food services agreement for the Detention facilities, a prohibition against the participation of inmates in the preparation and serving of meals for bargaining unit members. 8.5 Overtime A. All authorized and approved work performed in excess of forty (40) work hours in any workweek, as defined in Section 8.3 shall be paid at the overtime rate of one and one-half (1 ½) the bargaining unit member's regular rate of pay, or the bargaining unit member shall be provided compensatory time, at the bargaining unit member’s discretion as described in section 8.6 below. B. Hours that are computed as hours worked for the purposes of computing eligibility for overtime are consistent with the Sheriff’s Policy Manual (SPM) and do not include hours used for sick leave, bereavement leave, or FMLA leave, regardless of the accrual type being used for compensation while on FMLA leave. C. A bargaining unit member who is called to physically return to work outside of his/her regularly scheduled hours of work shall receive a minimum of three (3) hours pay at the applicable rate. This three (3) hour minimum provision shall not 19 apply where the hours worked outside of the regular schedule run contiguous with the employee's regular hours of work, employees responding from another facility after their regular work shift has ended, or the employee is called to work to correct his own error or omission which cannot wait until employee's next shift. D. Bargaining unit members who are on approved annual leave who are requested and agree to work during their regular shift time will have their annual leave cancelled for that shift. E. BSO will attempt to provide at least one (1) hour notice when a Regional Communications employee is required to work mandatory overtime if possible. 8.6 Compensatory Time Compensatory time is time earned at one and one half (1 ½) times the overtime hours worked by a bargaining unit member. The choice of compensatory time off or overtime pay shall be at the bargaining unit member’s option. Accrued compensatory time may not exceed one hundred (100) hours, except when it is in the best interest of BSO, as determined by the Sheriff. Such accrual must be exercised and used in good faith within a reasonable time period, at the discretion of the Sheriff. Upon promotion to an exempt job classification or separation from BSO, the bargaining unit member will be paid for all accrued, unused compensatory time at the bargaining unit member's then-existing rate of pay. A bargaining unit member, who is required to appear as a witness in any county/circuit/federal court proceeding (excluding appearances as a character witness), as a direct result of employment with BSO shall receive a minimum of three (3) hours of pay at the bargaining unit member's applicable rate, if called to testify outside of the bargaining unit member's regular hours of work. A bargaining unit member who is required to appear more than once during a day will receive an additional three (3) hours of pay if the second subpoena is more than three (3) hours after the beginning time of the first subpoena. If the second subpoena is within three (3) hours of the beginning time of the first subpoena, then it would be paid as continuous time based on the duration from the beginning time of the first subpoena through the ending time of the second appearance. The bargaining unit member shall not receive more than two (2) three (3) hour premiums under this article in one day. However, any bargaining unit member subpoenaed to testify, appear in court, or to present a case to the State Attorney's Office within one (1) hour before the start or at the end of his/her tour of duty will be compensated at the rate of one and one-half (1 ½) times the bargaining unit member's straight time rate of pay for actual time spent in court and/or presenting a case to the State Attorney's Office, before or after his/her regular shift, if overtime is incurred as a result of said appearance. Any time spent in court will be paid as continuous to the shift as outlined above. The bargaining unit member attending such court appearance must adhere to all rules and regulations as stated in the Sheriff’s Policy Manual (SPM). 20 ARTICLE 9 LEAVE, HOLIDAYS, PERSONAL DAY, BEREAVEMENT LEAVE, JURY DUTY, MILITARY LEAVE REPORTING ILLNESS 9.1 Annual Leave A-1 During the term of this Agreement the following annual leave periods shall be granted to full time bargaining unit members for the amount of time of continuous service with BSO as follows: Years of Work Completed Annual Leave Days <1-3 Years / 0-36 Months 80 Hours 3-10 Years / 37-120 Months 120 Hours 10 Years or More / 121+ Months 168 Hours Example: The bargaining unit member completes three (3) full years of service, the bargaining unit members accrual accumulation increases to 15 days (120 hours). A-2 Part-time employees, whose bi-weekly work schedule is equal to 40 or more hours, will continue to earn and accrue annual leave in accordance with the Sheriff’s Policy Manual (SPM). B. Pay Advances - a bargaining unit member may request his/her accrued vacation or holiday leave pay in advance of his/her scheduled leave by submitting a request in writing (including approved leave slip) to the Finance Bureau, Payroll Section at least three (3) weeks prior to starting leave. This provision shall be limited to bargaining unit members on leave in excess of ten (10) working days. Advanced payment for annual leave will not be granted in advance of hours earned. C. Annual Leave Selection 1. The selection of the number of persons off duty on annual leave will begin no sooner than November 15 and completed no later than December 15, (unless mutually agreed upon), effective through the entire work period of the year next following and, where the pay period for the year end extends to the following year, through the first pay period to so carry over. This annual bid shall use seven percent (7%) of staff assigned that day to the shift as the guideline for determining the staffing levels. 21 2. Bids shall be for no less than two (2) consecutive workdays of annual leave unless otherwise required by law, such as to comply with the Family and Medical Leave Act. For the purpose of scheduling annual leave a bargaining unit member may use no less than two (2) consecutive days and no more than twenty-one (21) days. Bargaining unit members do not have to have the time accrued at the time of the vacation bid. However, the bargaining unit member must be able to show the time will be accrued by the time the vacation is to begin. Bargaining unit members may only bid for the amount of leave to which they are entitled pursuant to Section 9.1 A. For purposes of this section, the one (1) day prior to days off and the one (1) day after days off shall be considered consecutive workdays. A bargaining unit member may also schedule days less than twenty-one days (21) days in any number of days as long as it is no less than two (2) days. In accordance with 9.1 (A-1) bidding annual leave will be limited to a maximum of four (4) selections (picks). For the purpose of establishing the annual leave calendar, the maximum bid selections will be as follows: Years of Work Completed 3. Annual Leave Days Max Selection <1-3 Years / 0-36 Months 80 Hours 2 3-10 Years / 37-120 Months 120 Hours 3 10 Years or More / 121+ Months 168 Hours 4 After the annual bid, annual or holiday leave shall be granted on a first come, first served basis based on generally accepted staffing requirements as outlined in Article 9.1 C-1 unless otherwise required by law, such as to comply with the Family and Medical Leave Act. Such leave requests will be submitted no earlier than sixty (60) days in advance by the employee whose name appears on the leave request or a proxy that the bargaining unit member selects. Approvals for any leave requests submitted within five (5) calendar days from the requested time off by bargaining unit members assigned to the Department of Law Enforcement (DLE) may be denied at the discretion of the command regardless of the seven percent (7%). Regional Communications will submit their leave requests through the TeleStaff system. Bargaining unit members who do not have the leave time accrued when submitting their leave request must be able to show the leave time will be accrued by the time the leave is to begin. If two or more bargaining unit members request the same day, at the same time, the more senior bargaining unit member, according to date of hire will be awarded the time off. In the event of a tie, the bargaining unit member with the lowest CCN will be awarded the time off. Said employee must submit this request in person or by proxy as early as one (1) hour prior to the beginning of his/her regularly scheduled shift on the first day of the required sixty (60) day advance notice except in Central Intake. In Central Intake the earliest time of submission on the sixtieth day will be as follows for each shift, Alpha shift is 0400 hours, Bravo shift is 1000 hours, and Charlie shift is 1800 hours. However, a bargaining unit member may choose to submit their leave request using another bargaining unit member as a proxy, in the event of a tie, the bargaining unit member who physically submits their request in person will prevail (This does not 22 apply to Central Intake or Regional Communications). For the purposes of this article, the beginning of the shift will be considered to be the time that roll call is scheduled to begin, or one (1) hour before a bargaining unit member’s swing shift begins (swing shift that is identified on the annual leave bids as having a different start time), except for Central Intake. Bargaining unit members will date stamp all leave requests and supervisors will make a reasonable attempt to process and return leave request slips in five (5) calendar days. Example: If a bargaining unit member requests Saturday, June 9th off, the bargaining unit member will begin counting on Friday, June 8th as day one (1), and continue counting back sixty (60) days. Day sixty (60) will be the first day the request can be submitted. The seniority basis for the purposes of bidding for annual leave shall be the bargaining unit member's date of hire with the agency or, if the bargaining unit member became employed by BSO pursuant to an agreement with a contract city, date of hire with the contract city/county. That is, BSO and the FPE recognize the combination of contract city/county time and BSO time. 5. Annual leave must be taken unless a bargaining unit member cancels the annual leave at least forty-eight (48) hours in advance of the scheduled date. Requests for cancellation of annual leave that are less than forty-eight (48) hours’ notice may be entertained under exigent circumstances. The bargaining unit member understands that requests to reschedule annual leave, after cancellation, may not be accommodated should a rescheduling date not be available. If this occurs, the bargaining unit member will forfeit any leave over the annual/holiday leave cap. Leave previously approved will not be canceled except as outlined in Appendix A or in the case of an emergency as determined by the Sheriff or where the previously scheduled leave would be on unpaid status for lack of sufficient accrued paid time off. 6. The Deputies and civilians will have separate calendars for purposes of annual leave. Bargaining unit members assigned to Commissary/Property in the same budget code shall have separate calendars based upon their assignment to North Operations or South Operations. 7. Sergeants in the Department of Detention will have a separate calendar to bid for purposes of this section. This annual bid shall use seven percent (7%) of sergeants assigned that day to each shift as the guideline for determining staffing levels for sergeants. Notwithstanding the seven percent (7%) guideline, at least one sergeant per shift shall be eligible for annual leave. All other requirements of annual leave as detailed in sections (D)(1) through (D)(3) above shall be equally applicable to sergeants in the Department of Detention. 23 E. In the event of an involuntary transfer or bid change within the unit, a bargaining unit member's annual leave schedule shall be honored. The Modification and Release Agreement as outlined in Appendix “A” shall apply to this Article, except when a sworn bargaining unit member voluntarily bids for a vacancy within the same facility, on the same shift and days off. If the bargaining unit member elects to change their days off, only the pre-approved leave (annual, holiday, bonus day etc.) will be honored. This modification only applies when a bargaining unit member voluntarily bids within the same facility and shift. Example: Deputy Smith assigned to the Main Jail Charlie shift has Tuesday/Wednesday off. During a mini-bid process, Deputy Smith bids and assumes another Main Jail Charlie shift position but his days off are now Saturday/Sunday. Prior to the mini-bid, Deputy Smith was scheduled for vacation on a Thursday, Friday and Saturday, Sunday and Monday. Subsequent to the bid, he will retain Thursday, Friday, Saturday and Sunday (new days off) and Monday on the vacation calendar (note: this does not include original days off of Tuesday/Wednesday). F. A bargaining unit member may accumulate no more than a cumulative total of three hundred and twenty (320) hours of holiday and annual leave. All accrued leave in excess of three hundred and twenty (320) hours or "grand fathered" cap will be lost by the bargaining unit member if not used within the calendar year. A bargaining unit member who has made reasonable attempts to use excess accruals and has been denied said requests shall submit written requests to the Director of Human Resources via his/her chain of command for authorization to carry and use excess accruals into the next calendar year. EXCEPTION: GRANDFATHER CLAUSE Bargaining unit members having accrued annual and holiday leave hours in excess of three hundred and twenty (320) hours as of pay date February 11, 1994, shall be entitled to a grand fathered cap of their accrued time as of that date. Example: A bargaining unit member has four hundred (400) hours of annual leave and eighty (80) hours of holiday leave on the accrual report for pay date February 11, 1994. This is over the three hundred and twenty (320) cap maximum. This bargaining unit member would be grand fathered at four hundred and eighty (480) hours. Before December 31 of each calendar year, the bargaining unit member will need to use any excess time over four hundred and eighty (480) hours or forfeit the time. This grand-fathered cap remains effective for each successive calendar year unless the bargaining unit member uses an amount of annual and/or 24 holiday leave so as to reduce total accrued time below the cap as of December 31 of each calendar year. Example: A bargaining unit member has a grand-fathered cap of four hundred and eighty (480) hours, but at the end of that calendar year, the bargaining unit member's cumulative leave total is four hundred (400) hours. The bargaining unit member's new grand-fathered cap is four hundred (400) hours. G. DROP Exception: Grandfather Clause Those bargaining unit members who are within one (1) year of retirement/participating in DROP may carry over up to one (1) year of annual leave and exceed the above 320-hour cap up to 500 hours of annual leave. A bargaining unit member must sign an irrevocable request at the time of his/her decision. H. DROP/RETIREMENT Bargaining unit members hired on or after October 1, 2021, who enroll in DROP will be governed by the DROP provisions outlined in the Sheriff’s Policy Manual (SPM). 9.2 Sick Leave A. B. No disciplinary action shall be taken for use of sick time unless abuse or excessive use is proven by BSO. BSO agrees that bargaining unit members will not be called or visited at home between the hours of 10 p.m. and 7 a.m. or during their scheduled work hours, except with the permission of the Facility Shift Commander or equivalent level supervisor. All such calls or visits will be documented. The following Sick Leave Payment Schedule will be applied for all bargaining unit members. Years of service for this section shall be determined by the bargaining unit members current hire date. “Good standing” as used in this section shall be defined as a bargaining unit member resigning or retiring with no charges pending. If a bargaining unit member has been notified that charges are pending against him/her then said bargaining unit member must give a minimum of sixty (60) days’ notice of his/her resignation or retirement date. If the bargaining unit member is terminated prior to his/her resignation or retirement date, the bargaining unit member will not be considered leaving in good standing. If the charges are subsequently not sustained by the Professional Standards Committee (PSC), the records will be amended to reflect that the bargaining unit member left in good standing and the bargaining unit member will be entitled to his/her sick leave payout to be paid within thirty (30) days at the employee’s rate of pay at the time of separation. If the charges are subsequently sustained by the PSC, the PSC will then make a determination as to the level of discipline that would have been recommended had the employee still been employed with BSO. 25 If the recommendation is anything less than termination, the records will be amended to reflect that the bargaining unit member left in good standing and the bargaining unit member will be entitled to his/her sick leave payout to be paid within thirty (30) days at the employee’s rate of pay at the time of separation. If the recommendation is for termination, the bargaining unit member will not be considered leaving in good standing. Zero (0) to Ten (10) Years of Service Bargaining unit members who have less than ten (10) years of service with BSO will not receive any sick leave compensation upon separation from the agency. Ten (10) to Fifteen (15) Years of Service Bargaining unit members who have at least ten (10 years of service with BSO, but less than fifteen (15) years will not receive any sick leave compensation upon separation from the agency for any reason other than normal retirement (defined by FRS or contract city) or the death of the bargaining unit members. Upon normal retirement (as defined by FRS or contract city) of a bargaining unit member in good standing or upon the death of a bargaining unit member in good standing with at least ten (10) years of service but less than fifteen (15) years of service, the bargaining unit member will receive payout upon separation of fifty percent (50%) of their unused accumulated sick leave up to a maximum of four hundred eighty (480) hours computed at the bargaining unit members current rate of pay. Fifteen (15) to Twenty (20) Years of Service Bargaining unit members leaving in good standing with at least fifteen (15) years of service but less than twenty (20) years of service will receive upon separation twenty five percent (25%) of their unused accumulated sick leave up to a maximum of two hundred forty (240) hours, computed at the bargaining unit members current rate of pay. Upon normal retirement (as defined by FRS or contract city) of a bargaining unit member in good standing or upon the death of a bargaining unit member in good standing with at least fifteen (15) years of service but less than twenty (20) years of service, the bargaining unit member will receive upon separation sixty five percent (65%) of their unused accumulated sick leave up to a maximum of six hundred twenty four (624) hours, computed at the bargaining unit members current rate of pay. 26 Twenty (20) Years of Service Bargaining unit members leaving in good standing with at least twenty (20) years of service will receive upon separation twenty five percent (25%) of their unused accumulated sick leave up to a maximum of two hundred forty (240) hours, computed at the bargaining unit member’s current rate of pay. Upon normal retirement (as defined by FRS or contract city) of a bargaining unit member in good standing or upon the death of a bargaining unit member in good standing with at least twenty (20) years of service, the bargaining unit member will receive upon separation one hundred percent (100%) of their unused, accumulated sick time up to a maximum of nine hundred sixty (960) hours, computed at the bargaining unit member’s current rate of pay. Twenty-Five (25) Years of Service Bargaining unit members leaving in good standing with at least twenty five (25) years of service will receive upon separation twenty five percent (25%) of their unused accumulated sick leave up to a maximum of two hundred forty (240) hours, computed at the bargaining unit member’s current rate of pay. Upon normal retirement (as defined by FRS or contract city) of a bargaining unit member in good standing or upon the death of a bargaining unit member in good standing with at least twenty five (25) years of service, the bargaining unit member will receive upon separation one hundred percent (100%) of their unused, accumulated sick time up to a maximum of one thousand one hundred sixty (1160) hours, computed at the bargaining unit member’s current rate of pay. Thirty (30) Years of Service Bargaining unit members leaving in good standing with at least thirty (30) years of service will receive upon separation twenty five percent (25%) of their unused accumulated sick leave up to a maximum of two hundred forty (240) hours, computed at the bargaining unit member’s current rate of pay. Upon normal retirement (as defined by FRS or contract city) of a bargaining unit member in good standing or upon the death of a bargaining unit member in good standing with at least thirty (30) years of service, the bargaining unit member will receive upon separation one hundred percent (100%) of their unused, accumulated sick time up to a maximum of one thousand three hundred twenty (1320) hours, computed at the bargaining unit member’s current rate of pay. Sick Leave Accrual Usage - After sick leave accruals are exhausted, the bargaining unit member must provide a signed doctor’s note for unapproved long-term absences or unapproved non-consecutive absences (i.e. not approved under FMLA or MLA) substantiating that he/she has been seen by a 27 doctor in order to be approved to utilize other accrued leave. Failure to provide the signed doctor’s note will result in the bargaining unit member being ineligible to use other accrued leave. C. FPE Sick Leave Donation At the Sheriff’s discretion, bargaining unit members may request sick leave donations to be provided solely by bargaining unit members within the FPE, in addition to the current BSO sick leave pool and/or donated leave program. 1. All requests for sick leave donations must be limited to extenuating or catastrophic circumstances and forwarded to the Sheriff for approval prior to receiving donated sick leave. The requesting member must have applied for the BSO donated leave program and have either received denial, reached the maximum benefit payable or exhausted the donated hours received prior to requesting additional sick leave donations from the FPE Sick Leave Donation Program. i. The maximum number of donated sick hours a bargaining unit member may receive and utilize is three hundred and twenty (320) hours per calendar year. ii. The maximum number of hours a bargaining member may donate is four (4) hours per calendar year. The hours donated to a receiving bargaining unit member will only be deducted from the donating employee’s bank on an as needed basis in the order of receipt from the donated member. No hours will be allowed to be pooled for use on a future date or occurrence. iii. Donating members must have a minimum of 400 hours of sick leave accruals to be eligible to donate. 9.3 A. Holidays During the term of this agreement, the Sheriff recognizes the following eightyeight (88) hours of paid holidays for full-time employees: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Floating Holiday (1) 28 (Any bargaining unit member employed by January 1 of each year is eligible for one (1) floating holiday). The floating holiday can be accrued pursuant to Section 9.1F. B. Bargaining unit members scheduled to work and who do work a designated holiday shall be paid at the bargaining unit member's straight time rate of pay for all hours worked on the holiday, plus either eight (8) hours holiday pay at the straight time rate of pay or at the bargaining unit member's option, accrue eight (8) hours of holiday time. C. Bargaining unit members not scheduled to work, but who, with prior written approval do work on a designated holiday, shall be paid at the rate of one and one-half (1½) of the bargaining unit member's straight time rate of pay for all hours worked on the holiday, plus eight (8) hours holiday pay at the bargaining unit member's straight time rate of pay. The bargaining unit member may choose, at his/her option, to receive compensatory time in lieu of pay for the hours worked as described in this paragraph 9.3C. In such case, compensatory time shall be calculated at the rate of one and one-half (1½) times the hours worked by the bargaining unit member. If requested, each bargaining unit member, except those bargaining unit members classified as Regional Communications Duty Officer or Regional Communications Operator I, II or III, will be scheduled to be off on at least one (1) of the holidays between (and including) Thanksgiving and New Year's Day. Bargaining unit members who have a scheduled regular day off coinciding with a BSO recognized holiday between (and including) Thanksgiving and New Year’s Day and elect to work that holiday will forfeit the holiday of choice as set forth herein. If requested, each bargaining unit member classified as Regional Communications Duty Officer or Regional Communications Operator I, II or III, will be considered for time off on at least one (1) of the holidays between (and including) Thanksgiving and New Year's Day. The amount of staff to be allowed off under this provision shall not cause staffing to fall below minimum staffing levels, as determined by BSO in conjunction with the requirements outlined in Article 30 (Minimum Recommended Staffing Requirements) of the CBA. Bargaining unit members who have a scheduled regular day off coinciding with a BSO recognized holiday between (and including) Thanksgiving and New Year’s Day and elect to work that holiday will forfeit the holiday of choice as set forth herein. 29 9.4 Personal Day Bargaining unit members are granted one (1) eight (8) work hour personal day on an annual basis. The personal day can be used at the bargaining unit members' discretion, subject only to prior supervisory approval and under the seven percent (7%) guideline outlined in Article 9.1C. The personal day must be used by December 31 of each year and cannot be accumulated for any reason, unless its use is unreasonably denied. Only bargaining unit members employed by January 1 are eligible for a personal day. Detention Deputies and Detention Technicians designated by command as an active Field Training Deputy (FTD) within the first full pay period after January 1 of each contract year shall receive one (1) additional 8-hour personal day to be utilized at the bargaining unit membe