Officers and Sergeants Agreement 2023-2026 PDF

Agreement Between The City of Fort Lauderdale And The Fort Lauderdale Police Lodge 31 Police Officers & Sergeants October 1, 2023 - September 30, 2026 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 TABLE OF CONTENTS ARTICLE 1 - RECOGNITION.................................................................................................... 5 ARTICLE 2 - VACANT.............................................................................................................. 6 ARTICLE 3 - NO STRIKE OR LOCK OUT................................................................................ 7 ARTICLE 4 - NON-DISCRIMINATION....................................................................................... 9 ARTICLE 5 - DUES DEDUCTION............................................................................................10 ARTICLE 6 - EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION....................12 ARTICLE 7 - TIME POOL.........................................................................................................13 ARTICLE 8 - FOP REPRESENTATION...................................................................................15 ARTICLE 9 - BULLETIN BOARD.............................................................................................17 ARTICLE 10 - PERSONALLY ASSIGNED VEHICLE (PAVe) PROGRAM..............................18 ARTICLE 11 - INFORMATION REQUESTS.............................................................................19 ARTICLE 12 - RIGHTS OF LAW ENFORCEMENT OFFICERS WHILE UNDER INVESTIGATION......................................................................................................................20 ARTICLE 13 - LEGAL BENEFIT..............................................................................................22 ARTICLE 14 - MANAGEMENT RIGHTS..................................................................................23 ARTICLE 15 - DISCIPLINE AND DISCHARGE........................................................................25 ARTICLE 16 - SUBCONTRACTING.........................................................................................27 ARTICLE 17 - RATES OF PAY................................................................................................28 ARTICLE 18 - TEMPORARY ASSIGNMENT...........................................................................31 ARTICLE 19 - ASSIGNMENT PAY..........................................................................................32 ARTICLE 20 - LONGEVITY PAY..............................................................................................34 ARTICLE 21 - INJURY PAY (I-TIME) AND LIGHT DUTY ASSIGNMENTS.............................35 ARTICLE 22 - CALL-BACK PAY.............................................................................................37 ARTICLE 23 - VACANT...........................................................................................................38 ARTICLE 24 - COURT APPEARANCES..................................................................................39 ARTICLE 25 - BEREAVEMENT LEAVE..................................................................................41 ARTICLE 26 - MILITARY LEAVE.............................................................................................42 ARTICLE 27 - JURY DUTY......................................................................................................43 ARTICLE 28 - POLICE CANINES............................................................................................44 ARTICLE 29 - COMMENDATION PAID LEAVE......................................................................45 ARTICLE 30 - BASIC WORKWEEK AND OVERTIME............................................................46 ARTICLE 31 - HOLIDAYS........................................................................................................48 ARTICLE 32 - SENIORITY.......................................................................................................50 2 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 33 - LAYOFF AND RECALL....................................................................................52 ARTICLE 34 - LEAVE WITHOUT PAY.....................................................................................53 ARTICLE 35 - MATERNITY LEAVE.........................................................................................54 ARTICLE 36 - PROMOTIONAL EXAMINATIONS....................................................................56 ARTICLE 37 - SHIFT ASSIGNMENT.......................................................................................61 ARTICLE 38 - INVOLUNTARY TRANSFERS..........................................................................63 ARTICLE 39 - VACATION LEAVE...........................................................................................64 ARTICLE 40 - SICK LEAVE.....................................................................................................66 ARTICLE 41 - DONATION OF ACCRUED SICK/VACATION LEAVE.....................................69 ARTICLE 42 - GRIEVANCE PROCEDURES...........................................................................70 ARTICLE 43 - ARBITRATION..................................................................................................73 ARTICLE 44 - PERFORMANCE RATING REVIEW.................................................................75 ARTICLE 45 - COMPREHENSIVE HEALTH CARE PROGRAM.............................................77 ARTICLE 46 - MODIFICATIONS TO RETIREMENT SYSTEM.................................................78 ARTICLE 48 - TUITION PAYMENT PLAN...............................................................................83 ARTICLE 49 – DEATH IN THE LINE OF DUTY.......................................................................85 ARTICLE 50 - DEPARTMENTAL POLICIES RULES AND REGULATIONS...........................86 ARTICLE 51 - USE OF FORCE................................................................................................87 ARTICLE 52 - OFF-DUTY EMPLOYMENT..............................................................................88 ARTICLE 53 - PERSONNEL RECORDS..................................................................................89 ARTICLE 54 - SAVINGS CLAUSE...........................................................................................90 ARTICLE 55 - ENTIRE AGREEMENT......................................................................................91 ARTICLE 56 - DURATION OF AGREEMENT, DATES............................................................92 ARTICLE 57 - VACANT...........................................................................................................93 ARTICLE 58 – VACANT...........................................................................................................94 ARTICLE 59 - VACANT...........................................................................................................95 ARTICLE 60 - RETIREE HEALTH CARE BENEFITS..............................................................96 ARTICLE 61 - TOBACCO USE................................................................................................97 ARTICLE 62 - DRUG FREE WORKPLACE.............................................................................98 3 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 PREAMBLE This Agreement is entered into by and between the City of Fort Lauderdale, hereinafter referred to as the “Employer” or "City", and the Fort Lauderdale Police Lodge 31, FOP. Herein after referred to as the "Union" or “FOP”. It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto; to provide an orderly, prompt, and peaceful means of resolving disputes involving interpretation or application of this Agreement; and to set forth herein basic and full agreement between the parties concerning wages, hours, and terms and conditions of employment. It is acknowledged that during the negotiations which resulted in this Agreement, the parties were fully aware of the existence, requirements, and limitation of City Ordinance C-76-102 passed by Referendum by the citizens of Fort Lauderdale and that each party had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter contained in the Personnel Rules and Regulations of the City of Fort Lauderdale. It is understood that the City of Fort Lauderdale is engaged in furnishing essential public services which vitally affect the health, safety, comfort, and general well-being of the public, and both parties hereto recognize the need for continuous and reliable service to the public. 4 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 1 - RECOGNITION Section 1. The City of Fort Lauderdale hereby recognizes the Fort Lauderdale Police Lodge Number 31, FOP as the exclusive Bargaining Agent for purposes of collective bargaining with respect to wages, hours, and other terms and conditions of employment for all employees in the Bargaining Unit. Section 2. The Bargaining Unit for which this recognition is accorded is as defined in Certification Number 619 granted by the Public Employees Relations Commission on September 27, 1983, comprised of all full-time permanent Police Officers and Police Sergeants of the City of Fort Lauderdale. Excluded are the Police Chief, Deputy Police Chief, Police Majors, Police Captains, Police Lieutenants, Reserve or Auxiliary Police of all ranks, managerial, supervisory, or confidential employees and all other City employees. Section 3. The Bargaining Unit should not be changed until a determination by the Florida Public Employees Relations Commission (PERC) has occurred and until such time as PERC acts, or a court orders PERC to act, to amend the definition of the Bargaining Unit. Should the City file a managerial/confidential petition, the Union shall have the right to participate in such a proceeding. Section 4. The Union recognizes the City Manager or representative as the sole representative for the purpose of collective bargaining. 5 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 2 - VACANT 6 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 3 - NO STRIKE OR LOCK OUT Section 1. The Union agrees to accept and abide by all the terms and conditions of this Agreement. During the term of this Agreement, the Union further agrees it will not call, countenance, or encourage any strike as defined below and will not interfere with the efficient management of the City and its individual departments. In the event of any breach of this Article, the Union agrees that the City will have all statutory rights of recourse as provided in Chapter 447, Florida Statutes. Section 2. Strike, as used in this Agreement, shall mean the concerted failure to report for duty; the concerted absence of employees from their positions; the concerted stoppage of work, the concerted submission of resignations; the concerted abstinence in whole or in part by a group of employees from the full and faithful performance of the duties of employment with a public employer (City) for the purpose of inducing, influencing, condoning or coercing a change in the terms and conditions of employment or participating in a deliberate and concerted course of conduct which adversely affects the services of the public employer; the concerted failure to report for work after the expiration of a collective bargaining agreement and picketing in furtherance of a work stoppage. Section 3. Members of the bargaining unit shall not engage in any walkout, strike, sit-down, slow-down, or other interference with or interruption of work during the term of this Agreement. If any member or group of members of the Union should violate this Section, the Union, through its proper officers, will promptly notify the City's Human Resources Director or designee, and such member or members of the Union, in writing, of its disapproval and will take steps to affect a resumption of work. If the Union fulfills in good faith all of its obligations under this Section, the City agrees it will not sue the Union for any damages resulting from any violation of this Section. Section 4. The City agrees to accept and abide by all the terms and conditions of this Agreement and agrees that during the term of this Agreement it will not lock out members of the Bargaining Unit. Section 5. The City recognizes the right of the Union to engage in informational picketing as long as such picketing is done in a lawful manner in accordance with Florida Statutes. The Union agrees that there will be no interference with the free and unrestricted right of any City employee or persons seeking to do business with the City or otherwise legally gain access to City premises to enter and leave City property. Section 6. The sick leave and vacation leave benefits provided by Article 40 and Article 39 shall not be available to any employee absent from work on any day during any period in which the City or any court or agency of competent jurisdiction has determined that there is reasonable cause to believe that a strike or other form of concerted failure to report to work was or is in progress, except as provided below in Section 7. A. The parties agree that the City Manager or designee shall have reasonable cause to believe that a strike is in progress upon the failure of thirty percent (30%) or more of the Bargaining Unit employees of the Police Department to report for work on any workday. 7 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 B. Upon the commencement of proceedings before a court or agency of competent jurisdiction regarding such strike or other unlawful concerted activity, the processing of grievances, if any, concerning or in any way related to the City's exercise of the right to suspend sick leave or vacation leave benefits shall be stayed pending final resolution of the judicial or administrative proceeding. Section 7. Any employee who sustains a Worker's Compensation injury or becomes ill prior to a strike shall be eligible for sick leave benefits provided the employee has presented an acceptable physician's statement to the City declaring the nature of such illness and supplemental weekly evaluations by that physician. An employee who becomes ill during a strike may be granted sick leave benefits provided that the employee can conclusively demonstrate to the satisfaction of the City that the illness was legitimate. 8 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 4 - NON-DISCRIMINATION Section 1. It is agreed that no employee shall be required as a condition of employment to join or refrain from joining the Union. Section 2. The City agrees it will not discriminate against, coerce, or intimidate any employee covered by this Agreement because of membership or non-membership in the FOP. Section 3. The Union will not discriminate against employees covered by this Agreement as to membership or representation because of race, creed, color, sex, age, national origin, religion, gender identity, marital or familial status, disability, sexual orientation, or other characteristic protected by law. Section 4. The Union agrees that no officer, agent, representative, or member of the Union will coerce or intimidate any employee into joining the Union. The Union recognizes that no employee is required to join the Union, but that every employee has the right to choose of his own free will as to whether or not he/she will or will not join the Union. The Union further agrees that it will not interfere with or condone any interference with the free and unrestricted right of any employee of the City to perform assigned duties or to enter or leave City property unmolested. Section 5. The City agrees that it will not alter the economic benefits (e.g., salary, assignment pay, etc.), excluding take home vehicles or other incidental benefits attributable to the employee's assignment, with respect to any class or group of employees covered by this Agreement, unless the Union has been given prior notice and the opportunity to bargain regarding any proposed change. Nothing in this Section shall constitute a waiver of the Union's right to bargain over changes in terms and conditions of employment. 9 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 5 - DUES DEDUCTION Section 1. Any employee covered by this Agreement may authorize a payroll deduction for the purpose of paying Union dues. Such authorization becomes effective only upon receipt by the City of a fully executed Dues Deduction Form (as authorized) from any employee. Section 2. The Union will initially notify the City as to the amount of dues. Such notification to the City will be from an official of the Union. Changes in Union membership dues will similarly be certified to the City at least thirty (30) days prior to the effective date of that change. Section 3. Dues shall be deducted each pay period, and such monies shall be remitted to the Union Treasurer as it is now remitted, but no later than five (5) days thereafter. Section 4. The Union agrees to defray the cost of such dues deduction by payment of ten dollars ($10.00) each pay period, which shall be deducted from the dues deduction monies accumulated during each pay period. The Union further agrees to pay two cents ($.02) for each change in individual dues deduction which may be required, and which shall be deducted from any dues accumulated on the first reimbursement subsequent to the change. Section 5. The effective date for deducting dues shall be the beginning of the pay period following the date the Dues Deduction Form is signed. The effective date for stopping of dues deduction shall be at the beginning of the pay period thirty (30) days following the date the form is signed. Section 6. The Union will indemnify, defend, and hold harmless against any claims, suits, orders, or judgments brought or issued against the City based on any payroll deductions of dues as provided for in this Article. Section 7. The Union agrees that no employees will collect or attempt to collect dues or assessments at any time during working hours on the City's property. Section 8. No deductions shall be made from the pay of any employee for any payroll period in which the employee's net earnings for that payroll period, after other deductions, are less than the amount to be deducted. Section 9. The Authorization and Revocation Forms are as follows: Authorization Form FOP Lodge Number 31 I hereby authorize FOP Lodge Number 31 to be my exclusive collective bargaining representative for all matters concerning wages, hours, and all other terms and conditions of employment. I further authorize the regular dues of the FOP to be deducted from my payroll check with the City of Fort Lauderdale. Printed Name Signature Employee Number Date ----------------- Revocation of Union Dues Deduction 10 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 To Fort Lauderdale Police Lodge Number 31, FOP Name (Print) (Last) (First) (Middle Initial) Department Employee Number I hereby request and instruct the City of Fort Lauderdale to stop deducting from my biweekly earnings the current regular dues of the Union. (Date) (Employee Signature) DISTRIBUTION: White - Payroll Yellow - Union Pink - Employee Section 10. Members of the FOP who are not within the Bargaining Unit may also participate in dues deduction by executing the following authorization: I hereby authorize the regular dues of the FOP to be deducted from my payroll check with the City of Fort Lauderdale. Employee Signature Employee Number Date Section 11. All persons currently on dues deduction shall continue without further authorization. Section 12. The FOP shall pay the cost of printing the authorization and revocation form. 11 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 6 - EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION Section 1. The City and the Union agree to full and unequivocal cooperation with each other in eliminating all unlawful discrimination and to assure all personnel programs, policies, and assignments are free from unlawful discriminatory practices. Section 2. The parties recognize that it is mutually beneficial to resolve any problem of alleged discrimination as amicably and expeditiously as possible and agree that each shall make a good faith effort to settle such dispute informally within the Department before any formal complaint is filed. Section 3. There shall be no unlawful discrimination by the City in employment, employment opportunities or job actions on the basis of race, creed, color, religion, age, sex, national origin, disability, sexual orientation, gender identity, familial status or marital status unless one or more of the above constitute a bona fide occupational qualification within the meaning of the law. No present employee will be unlawfully discriminated against or given preference because of any of the above characteristics, unless otherwise required by law. Section 3.1 Persons with known disabilities will be given full consideration for employment and opportunities for advancement in all departments and divisions. The City will offer to such persons reasonable accommodation with respect to the essential functions of the job, provided the person is otherwise qualified to perform the job, and provided further such accommodation does not create undue hardship on City operations. Section 4. In the case of an EEO complaint based on grounds stated in Section 3 of this Article, the employee may seek recourse exclusively under applicable statutory procedures, and the complaint will be processed in accordance with the current and applicable rules and regulations of the appropriate federal, state, or local agency. Section 5. The Union agrees to fully support the principles of Equal Employment Opportunity. The Union shall be included in the negotiation of any future consent decrees which affect the Union and its members. The Union and the City agree to abide by any future court-approved consent decree to which both parties have consented. Section 6. In the event the laws pertaining to affirmative action are changed by the Federal government or by United States Supreme Court decision, the City shall have the right to reopen negotiations for the limited purpose of negotiating an affirmative action provision while the remainder of this Agreement shall remain in full force and effect. If the City elects to reopen this Agreement on the single issue of affirmative action, it shall notify the Union of its desire, in writing, and the parties shall meet to negotiate within fifteen (15) days of such notice. If the City reopens the Agreement on the issue of affirmative action and the parties are unable to reach agreement, the single issue will be resolved in accordance with the impasse provisions established in Section 447.403, Florida Statutes, as amended. 12 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 7 - TIME POOL Section 1. Twice each calendar year, during the months of January and July, a Bargaining Unit member may voluntarily donate no less than two (2) hours or more than eight (8) hours of vacation time to a Time Pool to be used by City employees designated by FOP, for Union business and Union-related activities such as negotiation of Union contracts, grievance handling, attendance at conventions, seminars, conferences, symposia, and meetings. Section 2. A representative of the Union desiring to attend such meetings of official Union business shall submit a notice at least five (5) working days prior to the date of such meeting to the employee's immediate supervisor (non-Bargaining Unit member) and to the Police Chief. With the approval of the Police Chief, the five-day notice may be waived. Section 3. Donations of time shall be authorized by the employee so donating on an Authorization for Time Pool Deduction Form contained in this Section, one (1) copy of which shall go to the immediate supervisor (non-Bargaining Unit member) and one (1) copy to the Union. Time drawn against the Time Pool shall be with the approval of the Union President or designated representative. A record of all time donated and drawn against the above-mentioned Pool of time, shall be accurately kept by the Police Department and the Union. The parties agree that by mutual agreement, they may modify this process during the term of this Agreement. Authorization for Time Pool Deduction TO: Fort Lauderdale Police Lodge #31, FOP Name (Print) (Last) (First) (Middle Initial) Department Employee Number I hereby request and authorize the City of Fort Lauderdale to deduct hours from my Vacation Leave and transmit these hours to the Fort Lauderdale Police Lodge #31, FOP, Time Pool. (Date) (Employee Signature) DISTRIBUTION: White - Police Department Yellow – Union Pink - *Employee's Supervisor *(After review please route to department timekeeper) FORM J-175 Rev 4/6/2010 Section 4. Valuation of hours credited to the Pool will be based on the rate of pay of each donor for hours credited in and on the rate of pay for each done for hours charged out. Section 5. A Union member shall be released from duty in accordance with the provisions of this Agreement only when the needs of the Police Department, as determined by the employee's immediate supervisor (non-Bargaining Unit member), have been met, but such release shall not be unreasonably denied. If the needs of the Police Department do not permit the release of the employee as requested, release of an alternative employee during the desired time may be requested. 13 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 Section 6. No individual employee shall be permitted to use more than two hundred (200) hours from the Time Pool in any calendar year, except that the President of the Union shall be permitted to use up to one thousand two hundred (1200) hours and the position of designated Chief Steward shall be permitted to use up to four hundred (400) hours each year, with the approval of the Police Chief, provided that the President and Chief Steward, at all times while using the Time Pool, will remain reasonably available by telephone or beeper for consultation with the management of the Police Department or any FOP member. Section 7. The City agrees to grant two (2) full-time positions (the FOP President and one (1) additional position, to be appointed by the FOP President) both positions to be assigned to the FOP on a full-time basis for the purposes of conducting Union business, while also being available to the Police Department Administration and to assist with the operations of the employee’s Health Insurance Plan. In the event the Union President is a retired bargaining unit member, the Union shall also be entitled to use up to one thousand two hundred (1200) time pool hours per calendar year which shall be deducted at the regular rate of pay at the time of retirement from the City. 14 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 8 - FOP REPRESENTATION Section 1. FOP representation during collective bargaining negotiations: A. Neither party in negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. At the first bargaining meeting, the FOP will furnish the Human Resources Director or designee with a written list of the FOP's bargaining team and designated substitutes, if any. The City agrees to furnish the FOP with a list of its bargaining team members at the first bargaining meeting and substitution changes thereto, if necessary. B. The employer shall recognize up to six (6) FOP representatives for the purpose of collective bargaining as authorized by the President of the FOP as reflected on the submission list referred to in Section 1 (A) of this Article. C. The Department will make every effort to release the recognized FOP representatives from work to participate in collective bargaining negotiation sessions as representatives of the FOP. D. The City agrees that representatives of FOP shall be allowed up to three hundred (300) hours off per person during working hours without loss of pay for the purpose of negotiating an entire labor contract with the City of Fort Lauderdale. In any year in which a complete contract is not being negotiated, i.e., re-openers, the City agrees that representatives of FOP shall be allowed up to one hundred (100) hours off per person during working hours without loss of pay for the purpose of negotiating with the City of Fort Lauderdale. Section 2. FOP Stewards During Term of Contract: A. The names of all FOP Stewards shall be given in writing to the Human Resources Director or designee, as well as any change in such list, prior to the effective date of their assuming duties of representation and won't become effective until notification in writing has been received. B. The employer shall recognize up to a maximum of fifteen (15) FOP Stewards as authorized by the President of the FOP or designee for the conduct of Labor Management relations between the employer or Police Department and the FOP for this Bargaining Unit as reflected on the submission list as referred to in Section 2(A) of this Article. C. Chief Steward - The Union may select a Chief Steward who may act in that capacity where provided in this Agreement. The Chief Steward shall be permitted to process grievances and other Union business at any work site when the Steward is absent. In the absence of the Chief Steward, the Union may select an Alternate Chief Steward, but such appointment will not become effective until the Human Resources Director or designee, receives written notice from the President of the Local of the appointment specifying the dates of such appointment. The Human Resources Director or their designee, will then notify the immediate super-visor of the Alternate Chief Steward's status. D. Recognized FOP representatives who are employees of the Fort Lauderdale Police Department will be permitted to discuss FOP business with employees outside duty hours or during authorized meal or rest periods of each, provided that such discussions shall in 15 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 no way interrupt, delay, or otherwise interfere with the effective and proper service to the community, and during such time as the employee(s) is either off duty or on non-duty status. E. Recognized FOP representatives, who are employees of the Fort Lauderdale Police Department, shall be allowed to communicate official FOP business to employees prior to on-duty roll call and after the employee has been checked off duty at the end of the employee's work shift. F. No Steward will be granted time off from his/her job for any reason except as provided in Article 42, Grievance Procedure, or elsewhere in this Agreement and unless the City is properly notified according to this Section. G. Under no circumstances may a Steward present a grievance except while being paid at a straight time rate. Stewards are subject to all City rules, regulations, and policies regarding the conduct of employees of the City. H. Recognized FOP representatives, who are not employees of the Fort Lauderdale Police Department, will be granted access to Department work areas by the Office of the Police Chief to carry out the functions which come within the scope of their responsibilities on matters relating to this Agreement. Requests for access will normally be made twenty- four (24) hours in advance. The twenty-four (24) hour advance notice requirements may be waived under certain conditions when either party desires to conduct Labor- Management business which requires expedited action. City work hours shall not be used by employees or FOP representatives for the conduct of Union-organized meetings or for the promotion of Union affairs. I. Except for emergencies affecting officer safety, copies of special orders, general orders, or training bulletins affecting employees covered by this Agreement shall be made available to the FOP ten (10) working days prior to being issued/implemented. J. Solicitation of any and all kinds by the FOP, including solicitation of membership and the collection of FOP monies, shall not be engaged in during working hours. 16 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 9 - BULLETIN BOARD Section 1. The Union shall be provided with partial use of suitable bulletin boards so designated by the Police Chief at each building where Bargaining Unit members are employed. The Union, if it so desires, may provide a bulletin board of standard size for its own exclusive use in keeping with the decor of the above locations and with the approval of the Police Chief. Section 2. The Union agrees that it shall use space on bulletin boards provided for in the above Section only for the following purposes. 2.1 Notice of Union Meetings, 2.2 Union Elections, 2.3 Reports of Union Committees, 2.4 Rulings or Policies of the Union, 2.5 Recreational and Social Affairs of the Union, 2.6 Notices by Public Bodies. Copies of all materials, notices, or announcements shall be submitted to the Chief of Police or designee before they are posted. Section 3. The Union or any member of the Bargaining Unit shall not post any notice or other document or material tending to directly or indirectly disparage the City of Fort Lauderdale or any elected or appointed official or employee of the City. If the propriety of the materials becomes a problem, the parties agree to negotiate additional rules concerning the use of bulletin boards. 17 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 10 - PERSONALLY ASSIGNED VEHICLE (PAVe) PROGRAM Section 1. The Union recognizes that the City has the exclusive right to establish policy regarding the Personally Assigned Vehicle (PAVe) Program. The City agrees that it will not make any changes to the current reimbursement charges during the term of this agreement. Members who decline to participate in the take home vehicle provision of the PAVe program will not be required to pay reimbursement under the PAVe program. 18 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 11 - INFORMATION REQUESTS Section 1. The City agrees to furnish to the Union President or designee documents such as agendas, minutes, Civil Service Board agendas and minutes, Retirement Board agendas and minutes, and the City Manager’s final budget message at the same time and under the same conditions as such documents are made available to the general public. Access to any other record shall be governed by Florida Statutes, Chapter 119. Section 2. A written request by the Union for information not readily available within the City's Information Technology Services Department will be analyzed and a cost estimate for providing such information will be prepared. Before such information is compiled, the Union will be required to deposit the estimated cost of preparing such information with the City with any additional amount due to be paid, or overpaid amount to be refunded, at the time the requested information is delivered. The City reserves the right to decline to create such information if the providing of the information would substantially interfere with the normal operations of the Information Technology Services Department. 19 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 12 - RIGHTS OF LAW ENFORCEMENT OFFICERS WHILE UNDER INVESTIGATION Section 1. Whenever a law enforcement officer employed by the City of Fort Lauderdale Police Department is under investigation and subject to interrogation by members of this agency for any reason that could lead to disciplinary action, suspension, demotion, or dismissal, the interrogation must 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 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 in the Fort Lauderdale Police building or the Office of Internal Affairs. C. The law enforcement 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 (1) interrogator at any one time. D. The law enforcement officer under investigation must be informed of the nature of the investigation prior to any interrogation, and he/she must be informed of the names of all complainants. All identifiable witnesses shall be interviewed, whenever possible, prior to the beginning of the investigative interview of the accused officer. The complaint, all witness statements, including all other existing subject officer statements, and all other existing evidence, including, but not limited to, incident reports, GPS locator information, and audio or video recordings related to the incident under investigation must be provided to each officer who is the subject of the complaint before the beginning of any investigative interview of that officer. An officer, after being informed of the right to review witness statements, may voluntarily waive the provisions of this paragraph, and provide a voluntary statement at any time. 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 under interrogation may not be subjected to offensive language or be threatened with transfer, dismissal, or disciplinary action. A promise or reward may not be made as an inducement to answer any questions. G. The formal interrogation of a law enforcement officer, including all recess periods, must be recorded on audiotape, 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 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. H. If the law enforcement officer under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he/she shall be completely informed of all his rights before commencing the interrogation. 20 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 I. At the request of any law enforcement officer under investigation, he/she has the right to be represented by counsel or any other representative of his choice, who shall be present at all times during the interrogation whenever the interrogation relates to the officer’s continued fitness for law enforcement service. J. An employee shall not be obligated to give a second general statement concerning the same facts elicited in the original statement. This will not preclude subsequent statements from being taken for the purpose of clarifying specific points or when additional information has come to light in the interim. K. No mechanical devices, including but not limited to a polygraph, psychological stress evaluation, etc., shall be forced on an employee, nor shall disciplinary action be taken against an employee who refuses to submit to such testing. L. A law enforcement officer who is the subject of a formal written complaint may review the complaint and all written statements 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 non-incarcerated witnesses may be reviewed by the officer under investigation immediately prior to the beginning of the investigative interview. Section 2. All complaints against an employee shall be concluded by either a finding that the complaint against the employee is sustained or not sustained, unfounded or exonerated. Section 3. Notice of Disciplinary Action - No dismissal, demotion, transfer, reassignment, or other personnel action which might result in loss of pay or benefits or which might otherwise be considered a punitive measure shall be taken against any law enforcement officer unless such law enforcement officer is notified of the action and the reason or reasons therefore prior to the effective date of such action. Section 4. Retaliation for Exercising Rights - No law enforcement officer shall be discharged; disciplined; demoted; denied promotion, transfer, or reassignment or otherwise discriminated against in regard to his/her employment or be threatened with any such treatment by reason of his/her exercise of the rights granted in this part. Section 5. Nothing in this Article, including, but not limited to, the omission herein of the recitation of any statutory rights set forth in Chapter 112, Part VI, Sections 112.31-112.35, Florida Statutes “Law Enforcement and Correctional Officers,” is intended to be and/or shall constitute a waiver and/or relinquishment of any of the aforementioned statutory rights. 21 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 13 - LEGAL BENEFIT Section 1. The City shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been given to the Office of the City Attorney, within five (5) days after service upon the employee, undertake the defense of that employee against any civil damage suit in which the Complainant in the suit alleges that the employee was acting within the scope and course of his/her employment and does not allege that the employee acted in bad faith, or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property.1 Section 2. The City shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been timely received by the Office of the City Attorney, within five (5) days after service upon the employee, undertake the defense of that employee against any civil damage suit in which the complainant in the suit alleges that the employee was acting within the scope of his employment, even if the Complainant also alleges in the alternative that the employee acted in bad faith, or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, in those cases in which the City has reason to believe that there exists a substantial factual basis for the allegations in the suit of bad faith, malicious purpose, or actions exhibiting wanton and willful disregard of human rights, safety or property, the employee shall be notified that he/she must provide his/her own defense at his/her own expense, and the City shall not be required to either continue or undertake the defense of the employee. Section 3. In a civil damage suit in which a defense is provided by the City, the City will indemnify that employee against any judgments, except for punitive damages, rendered in that suit against the employee as a result of his/her actions which occurred while he/she was acting within the scope and course of his/her employment, up to the limits specified in 768.28(5), Florida Statutes, as amended. Section 4. At any time after the City has undertaken the defense of an employee in a civil damage suit, the employee, at his/her own expense, may, with the permission of the City, hire counsel of his/her choice and substitute that counsel, with the consent of the applicable court, for the counsel provided by the City without affecting the employee's rights to indemnification under Section 3 of this Article. Section 5. The employee agrees to cooperate fully with the City if the City undertakes the defense of the employee. 1 768.28, Florida Statutes 22 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 14 - MANAGEMENT RIGHTS Section 1. The Union agrees that the City has and will continue to retain, whether exercised or not, the right to operate and manage its affairs in all respects except as modified by other articles of this Agreement. The rights of the City, through its management officials, shall include but not be limited to the following: A. To determine the organization of the City Government. B. To determine the purpose of each of its constituent departments. C. To exercise control and discretion over the organization and efficiency of operations of the City. D. To set standards for service to be offered the public. E. To manage and direct the employees of the City including the right to establish, modify, reduce, or otherwise change work schedules or workweek, assign work and overtime, and to establish, modify, or change rules and regulations applicable to employees covered by this Agreement. F. To hire, examine, classify, promote, train, transfer, assign, and schedule employees in positions with the City. G. To suspend, demote, discharge, or take other disciplinary action and impose sanctions for cause involving deficiencies in performance and/or deficiencies in conduct. H. To increase, reduce, change, modify, or alter the composition of the workforce, including the right to relieve employees from duties because of a lack of work or lack of funds. I. To determine the location, method, means, and personnel by which operations are to be conducted, including the right to determine whether goods or services are to be made or purchased or to be contracted out or subcontracted. J. To determine the number of employees to be employed by the City. K. To establish, change, or modify the number, types, and grades of positions or employees assigned to an organization, department, or division thereof, or project. L. To establish, change, or modify duties, tasks and responsibilities or requirements within job classifications in the interest of efficiency, economy, technological change, or operating requirements. M. To establish and revise or discontinue policies, practices, programs, or procedures, provided that the exercise of such right does not have the practical effect of violating specific terms of this Agreement. N. Through the City Manager or designee, to enter into and administer Last Chance Agreements with the Union and bargaining unit members, and to enter into and administer any Memorandum of Understanding with the Union to memorialize an interpretation of any 23 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 terms of this Agreement, result of impact bargaining, or other matter addressing any term or condition of employment for bargaining unit members that neither conflicts with, nor changes, any express provision of this Agreement. Section 2. The City has the authority and obligation to determine the purpose and mission of the City and the amount of budget to be adopted by the City Commission. Section 3. If, at the sole discretion of the City, it is determined that a civil emergency condition exists including but not limited to labor disputes, strikes, work stoppages, riots, civil disorders, hurricane conditions, or similar occurrences, the provisions of this Agreement may be suspended during the time of the declared emergency, provided that wage rates, insurance and pension benefits shall not be suspended. Any suspension of this Agreement will be evaluated every thirty (30) days with written notice to the Union. Section 4. Nothing in this Article shall be considered a waiver of the Union’s right to negotiate over proposed changes in the mandatorily negotiable wages, hours, and working conditions. 24 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 15 - DISCIPLINE AND DISCHARGE Section 1. Employees may be disciplined only for cause involving deficiencies in performance and/or deficiencies in conduct. When disciplinary action is taken, the affected employees shall be informed in writing either prior to or at the time the action is taken of (1) the reason for the discipline; (2) the penalty assessed; and (3) the effective date of the penalty. 1. Written Reprimand 2. Suspension/Forfeiture of Time 3. Demotion 4. Discharge Section 2. A Supervisor/Employee Interview form may be used to memorialize deficiencies in performance or conduct, but the issuance of such forms shall in no event be considered disciplinary action for purposes of this Agreement. Section 3. Restrictions on PAVe, or other vehicle assignment and off-duty details privileges may be appealed to the Police Chief or their designee within ten (10) working days of the restriction. There shall be no further appeal. Involuntary transfers may be appealed to the Police Chief or their designee within ten (10) working days of the transfer. There shall be no further appeal. Section 4. A supervisor/Employee Interview form may be appealed orally or in writing only two (2) levels in the chain of command above the issuing authority. There shall be no further appeal. A letter of reprimand may be appealed orally or in writing through the chain of command. Each level in the chain of command shall have the power to rescind a letter of reprimand. The Police Chief shall be the final appeal for all letters of reprimand. Section 5. Pre-Discipline Procedures Section 5.1 If discipline other than counseling or reprimand is contemplated, the Police Chief or designee shall meet with the employee and/or the Union Steward if so requested by the employee and shall provide the written notice of the proposed discipline described in Section 1 of this Article, which shall include the notice that the employee may request a hearing on the matter within ten (10) working days if the employee feels that the proposed disciplinary action is unwarranted. If the employee does not request such hearing within ten (10) working days, the hearing shall be considered waived. Section 5.2 If a written request for a hearing from the employee is received within ten (10) working days, the Police Chief or designee shall schedule such hearing within ten (10) working days after the request is received at which the facts regarding the proposed disciplinary action shall be reviewed with the employee. The Union Steward and/or legal counsel may accompany or represent the employee at the hearing, but the City shall not be responsible for payment for such representation. An audio recording of the hearing shall be made. Section 5.3 Failure of the employee and the Union to appear at such scheduled hearing shall except for mutually agreed upon good reason be considered a waiver of the desire for a hearing. Section 5.4 The Police Chief or their designee, within ten (10) working days following the close of the hearing, will submit to the City Manager a recommendation for action. In considering the 25 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 severity of a disciplinary recommendation, the Police Chief or their designee may consider past disciplinary action, prior conduct, and the employee’s employment record. Section 5.5 Within ten (10) working days after receipt of that recommendation, the City Manager will issue a decision on the matter in writing, a copy of which will be delivered to the employee and/or the Union Steward. Section 5.6 If disciplinary action is taken by the City Manager which the employee considers to be unwarranted, the employee and the Union representative may appeal such action by filing a grievance directly under Step 4 of the Grievance Procedure. Section 6. Any regular employee may be immediately terminated or suspended without advance notice where the giving of such advance notice could result in damage to the City or to private property, injury to the employee, a fellow employee, or the general public. Section 7. In any case which an employee is charged by the proper authorities with the commission of a crime involving the moral turpitude as defined by FS 943.13 (04), the employee may be immediately placed on administrative leave without pay pending final disposition of such criminal charges. Such leave shall not be subject to review through the grievance/arbitration process set forth in this Agreement. A. In the event that any employee is convicted of such criminal charges, his or her administrative leave shall automatically be converted into an involuntary termination and shall not be subject to further review through the grievance/arbitration process set forth in this Agreement. B. Where charges against any employee are dismissed for any reason, or there is no adjudication of guilt, the City shall have twenty (20) days after receipt of notice of such action to either reinstate the employee with back pay or to institute administrative disciplinary charges against the employee. Such administrative charges, if any, shall be subject to review under the grievance/arbitration procedures set forth in this Agreement. C. In no event shall any employee be granted back pay for any period of administrative leave attributable to pending criminal charges against the employee unless the employee is found innocent of such charges, or such charges are found to have arisen out of direct line of duty conduct undertaken in good faith. Section 8. Except for administrative leave without pay as set forth in Section 7 of this Article, a suspended employee may satisfy the suspension by forfeiting vacation leave earned at the time of the suspension while continuing to work during the suspension period. One hour of forfeited vacation leave will satisfy one hour of suspension. An employee may not forfeit more than eighty (80) hours of vacation leave for disciplinary reasons in any calendar year. 26 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 16 - SUBCONTRACTING Section 1. The City shall retain all rights to determine whether and/or to what extent any work shall be performed by employees, contractors, or subcontractors. Section 2. When the City determines that it is in its best interest to enter into a contract with an outside service agency to perform services presently being performed by City of Fort Lauderdale employees, and, as a result thereof, members of the Bargaining Unit will be laid off, the City agrees that it will notify FOP when bids or proposals are requested and will, within ten (10) days thereafter, meet and discuss with representatives of FOP the effect of such contract upon members of the Bargaining Unit. If after such meeting, the Union is not satisfied with the anticipated effect on its members, it may within ten (10) calendar days request a public hearing at which the issues can be presented to the City Commission for final and binding resolution. The City agrees that it will hold such public hearing within fourteen (14) calendar days from the date of request. Section 3. If the City enters into such contract and, as a result thereof, an employee will be laid off, the City agrees such employee shall be entitled to first consideration by the contractor for any available work. Section 4. In the event the employee is not employed by the contractor, the Layoff Procedure contained within this Agreement shall apply. 27 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 17 - RATES OF PAY Section 1. Upon completion of twelve (12) months of continuous service, an employee in Step A of Pay Range P3 will be assigned to Step A of Pay Range P001. For employees hired prior to October 1, 2017, the pay rate of an employee in a pay step other than Step A of Pay Range P3 will be increased two (2) pay steps based upon an overall performance rating of satisfactory, above satisfactory, or outstanding, in accordance with Pay Steps A through L upon recommendation of the Police Chief and with approval of the City Manager. An employee whose overall performance rating is marginal or unsatisfactory shall receive no merit increase at that time but shall be rated again within ninety (90) days from the date of the marginal or unsatisfactory rating, provided the employee has not been discharged. If an employee receives an overall performance rating of satisfactory or higher on the reevaluation, the employee shall be eligible to begin receiving the scheduled pay increase retroactive to the original date of eligibility for a salary change. While increases within the appropriate pay range for unusual or meritorious service may be granted without regard to limitation of time, progression from one step to a higher step shall normally be considered at twelve (12) month intervals. An employee's eligibility date for future increases in pay step shall be unaffected by this process. Section 1.1 Employees hired on or after October 1, 2017, shall be assigned to Step A of the appropriate pay range. Upon completion of twelve (12) months of continuous service, an employee in Step A of Pay Range P3 will be assigned to Step A of Pay Range P001. In each contract year, the pay rate of an employee will be increased one (1) pay step based upon an overall performance rating of satisfactory, above satisfactory, or outstanding, in accordance with Pay Steps A through K upon recommendation of the Police Chief and with approval of the City Manager. An employee whose overall performance rating is marginal or unsatisfactory shall receive no merit increase at that time but shall be rated again within ninety (90) days from the date of the marginal or unsatisfactory rating, provided the employee has not been discharged. If an employee receives an overall performance rating of satisfactory or higher on the reevaluation, the employee shall be eligible to begin receiving the scheduled pay increase retroactive to the original date of eligibility for a salary change. While increases within the appropriate pay range for the unusual or meritorious service may be granted without regard to limitation of time, progression from one step to a higher step shall normally be considered at twelve (12) month intervals. An employee’s eligibility date for future increases in pay steps shall be unaffected by this process. Section 1.2 Except for employees on approved military leave or leave due to an on-the-job injury, employees on an unpaid status, who are not actually working, shall not be eligible for step or merit increases if their time out of work covers an entire evaluation rating period, unless otherwise required by an arbitrator in a grievance proceeding. Section 2. Upon promotion, an employee's pay rate shall be adjusted effective on the date of the promotion to the lowest step in the new pay range which will provide at least a five percent (5%) increase in pay. The effective date of the promotion shall become the employee's new anniversary date for merit increase consideration. Section 3. Any future wage adjustment shall become effective at the beginning of the pay period immediately following the date of the wage adjustment. Section 4. When computing all pay rates or other forms of compensation, the rate shall be rounded to the nearest whole cent. Amounts.5 cent ($.005) or above shall be rounded upward 28 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 to the next whole cent; amounts.49 cent ($.0049) and below shall be rounded downward to the next whole cent. In computing any pay rate adjustment, said adjustment will be made first on the hourly rate, if applicable. The adjusted hourly rate will then be used to establish a biweekly, monthly, and annual rate. Section 5. Notwithstanding the above, nothing shall limit the City's sole and exclusive right to hire a certified Police Officer in any pay step within Pay Range P001. Section 6. Shift Differential Section 6.1 Employees shall be considered working the Midnight Shift when a majority of the regularly scheduled work hours occur between 10:40 p.m. and 7:40 a.m. Section 6.2 Employees shall be considered working the Evening Shift when a majority of the regularly scheduled work hours occur between 2:40 p.m. and 11:40 p.m. Section 7. Employees regularly assigned to Midnight or Evening Shift shall be compensated as follows: Midnight Shift Evening Shift $50.00 Biweekly $25.00 Biweekly Section 8. An employee is eligible for Shift Differential only for those pay periods in which the employee has worked a majority of the hours in the pay period. Section 9. Effective the first full pay period of October 2023, the pay ranges shall be adjusted by the increase in the Consumer Price Index (CPI) for Social Security calculated for the previous January 1, with a minimum increase of three percent (3.0%) and a maximum increase of four percent (4.0%). Effective the first full pay period of October 2024, the pay ranges shall be adjusted by the increase in the Consumer Price Index (CPI) for Social Security calculated for the previous January 1, with a minimum increase of three percent (3.0%) and a maximum increase of four percent (4.0%). Effective the first full pay period of October 2025, the pay ranges shall be adjusted by the increase in the Consumer Price Index (CPI) for Social Security calculated for the previous January 1, with a minimum increase of three percent (3.0%) and a maximum increase of four percent (4.0%). 29 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 Section 10. EMT Pay. Effective January 1, 2024, Bargaining Unit Members assigned to the Patrol Division and who possess an EMT certification shall receive a pay supplement equal to two and one-half percent (2.5%) of their base pay. EMT pay shall be capped at forty (40) members of the Patrol Division. The Police Department shall not be required to allow any member to secure their EMT certification while on duty. Section 11. Effective October 1, 2023, for the remainder of the term of this Agreement, employees topped out of the established pay steps shall receive a one-time annual lump sum payment of one and one-half percent (1.5%) of base annual rate for an overall performance evaluation rating of satisfactory or a one-time annual lump sum payment of three percent (3%) of base annual rate for an overall performance evaluation rating of above satisfactory or outstanding. The base annual rate used to calculate the lump sum payment shall be the rate in effect on the date the employee’s annual performance evaluation is due. Topped out employees who promote out of their job classification shall receive an adjusted lump-sum payment to reflect the portion of their year spent in the lower classification. Section 12. The City and the Union acknowledge that the City has enacted Chapter 20, Article III, Division 2, Section 84 of the Code of Ordinances of the City of Fort Lauderdale which provides for Post-Retirement Pay Steps (PPS), which is incorporated in this Agreement by reference. The City and Union agree and intend that the PPS provided herein are not retirement benefits under the Retirement Plan of the Police and Fire Retirement System or otherwise, and do not constitute a retirement plan. The PPS shall not be considered as an accrued or vested benefit under the Retirement Plan of the Police and Fire Retirement System or otherwise. The PPS may be altered or eliminated in future negotiations, however, any person who has qualified for the PPS shall have a continued right to receive the PPS in the future. In the event a state or federal regulatory agency or court determines the PPS is a retirement plan or benefit under the Retirement Plan of the Police and Fire Retirement System or otherwise, the parties agree that the PPS shall be immediately terminated and shall no longer be payable by the City; and, in such event, the parties shall bargain over the impact of that finding. If the PPS is terminated, the increased employee pension contributions provided in Article 46, Sections 6, 7, and 8 shall also be terminated. 30 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 18 - TEMPORARY ASSIGNMENT Section 1. The City, may at its discretion, assign a member of the Bargaining Unit other than an FTO to serve as a temporary replacement for an absent supervisor, if such assignment continues for a minimum of three (3) consecutive shifts the employee shall be paid five percent (5%) above the employee’s current straight time rate for all work performed in the temporary position beginning the start of the first shift. Employees shall not receive temporary assignment pay for paid or unpaid time off taken during the assignment. Section 2. Employees assigned TDY shall have the right to exercise the appropriate shift, days off, etc., picks for their regular unit, with said picks to be applicable upon return from the TDY assignment. 31 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 19 - ASSIGNMENT PAY Section 1. A Police Officer (Job Specification Number 614) placed on the Field Training Officer Roster shall be entitled to one hundred dollars ($100) each biweekly pay period in addition to the basic salary. Police Officers who perform FTO duties, but who are not on the FTO Roster, shall only receive FTO Assignment Pay when actually performing FTO duties. Section 2. A Police Sergeant selected and placed on the roster as a Field Training Sergeant shall be entitled to one hundred dollars ($100) each biweekly pay period in addition to the basic salary. Section 3. Bargaining Unit Members assigned to the Patrol Division and who have less than ten (10) years of service shall be eligible to receive assignment pay in the amount of one hundred fifty dollars ($150.00) per month. Such amount shall increase pursuant to Section 9 of Article 17 of this Agreement. Section 4. Bargaining Unit Members assigned to the Patrol Division and who have ten (10) or more years of service shall be eligible to receive assignment pay in the amount of two hundred dollars ($200.00) per month. Such amount shall increase pursuant to Section 9 of Article 17 of this Agreement. Section 5. Bargaining Unit Members not assigned to the Patrol Division shall be eligible to receive assignment pay in the amount of two hundred ($200.00) per month. Such amount shall increase pursuant to Section 9 of Article 17 of this Agreement. Section 6. Bargaining Unit Members assigned to the following Specialty Units shall be eligible to receive fifty dollars ($50.00) per month for assignment in the following Units: Critical Incident De-briefing Honor Guard Field Force Team Tactical Bike Platoon Crisis Negotiation Unit Payment under this Section will be limited to two (2) specialty unit assignments. Such amount shall increase pursuant to Section 9 of Article 17 of this Agreement. Section 7. Bargaining Unit Members assigned to the following On-Call Units shall receive a pay supplement equal to two and one-half percent (2.5%) of their base pay: SWAT Team Bomb Squad Dive Unit Section 8. Bargaining Unit Members assigned to the following On-Call Units shall be receive a pay supplement equal to five percent (5.0%) of their base pay: Public Information Officer Threat Response Unit Crime Scene Sergeant 32 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 Homicide Unit Rapid Offender Control Unit Traffic Homicide Sergeant Violent Crimes Unit Special Victims Unit Section 9. The development of On-Call Units and related pay supplements in Sections 7 and 8 of this Article are intended to replace Article 23 - Standby Pay. The Police Department shall not place Bargaining Unit Members not assigned to an On-Call Unit on standby, except in the event of a civil emergency under Article 14, Section 3 of this Agreement. If Bargaining Unit Members are placed on standby for a civil emergency under Article 14, Section 3 of this Agreement, such members shall not be eligible for standby pay or any other compensation. If the Department desires to create new or expand in scope existing On-Call Units, the Department and the Union shall identify a mutually acceptable percentage differential applicable to the new or expanded On-Call Unit. 33 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 20 - LONGEVITY PAY Section 1. Each regular full-time employee who has served as such continuously for five (5) or more full years shall receive an annual longevity payment on or before December 1 of each calendar year in accordance with the following schedule: Total Continuous Service Annual Longevity Payment 5 through 9 years 2.5% of annual salary 10 through 14 years 5% of annual salary 15 through 19 years 7.5% of annual salary 20 through 24 years 10% of annual salary 25 or more years 12.5% of annual salary ("Annual Salary", as used in this Article, shall mean the employee's base salary, excluding any benefit payment or extra compensation received.) Continuous full-time service shall be computed through October 31 of the year in which payment is made. Section 2. Employees hired on or after February 1, 1990, shall be eligible for longevity pay in accordance with Section 1, except that the annual longevity payment shall not exceed ten percent (10%) of annual salary. Section 3. Each regular full-time employee hired after February 18, 1993, and has served as such continuously for five (5) or more full years, shall receive an annual longevity payment on or before December 1 of each calendar year in accordance with the following schedule: Total Continuous Service Annual Longevity Payment 5 through 9 years $1,095.00 10 through 14 years $1,645.00 15 through 19 years $2,195.00 20 through 24 years $2.745.00 25 or more years $3,295.00 Section 4. Employees hired on or after October 1, 2004, shall not be eligible for a longevity payment. 34 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 21 - INJURY PAY (I-TIME) AND LIGHT DUTY ASSIGNMENTS Section 1. An employee who sustains an on-the-job injury requiring medical attention and, in the opinion of the attending physician, is unable to return to complete the workday shall be paid eight (8) hours for the day on which the injury occurs. Section 2. If, in the judgment of the City’s authorized physician(s) or practice(s), an employee is unable to perform the assigned duties of his or her regular assignment due to an on-the-job injury, the injured employee may be assigned to work in a vacant position in the Police Department which the employee is able to perform. If no such vacant position is available, the City will provide the injured employee with regular pay for the first ninety (90) calendar days following the day of the injury. Section 3. Following the first ninety (90) calendar days after the injury, the injured employee shall receive the appropriate Workers Compensation and, at the option of the employee, may utilize accrued sick and/or vacation leave to the extent necessary to equal the employee's regular biweekly salary. Section 4. Commencing on the ninety-first (91st) calendar day following the day of injury, the injured employee shall receive disability compensation in accordance with Chapter 20, Article IV, Division 3 of the Code of Ordinances of the City of Fort Lauderdale, which amount may be supplemented, at the employee's option, by utilizing accrued sick and/or vacation leave to the extent necessary to equal the employee's regular biweekly salary. Section 5. The employee will be eligible to request the reinstatement of accrued sick and/or vacation leave, as provided in this Article, after returning to work and completing twenty (20) workdays. The Director of Human Resources shall have the authority to approve the reinstatement of accrued sick and/or vacation leave utilized by an injured employee in accordance with the foregoing provisions, such reinstatement to be limited to a maximum of the sick and/or vacation leave utilized during the first thirty (30) working days following the ninety (90) I-days. In the event the injured employee seeks the reinstatement of accrued sick and/or vacation leave utilized during the working days which follow the thirty (30) working days described above, the approval of the City Manager shall also be required. When an employee is injured because of the negligence of the City, it is agreed that the City will reinstate the sick and/or vacation leave utilized by the injured employee. No reinstatement shall be approved if the injury sustained by the employee occurred through, or as a result of, negligence or willful misconduct of the employee. Section 6. If, in the judgment of the City’s authorized physician(s) or practice(s), an employee is unable to perform the assigned duties of his or her regular assignment due to a non-service incurred disability, the disabled employee may be assigned to work in a vacant position in the Police Department, which the employee is able to perform. Under no circumstances will the City be required to place any such employee on a light duty assignment. Section 7. Provided the employee still has accrued vacation time available, nothing in this Article shall prevent an employee returning to work from an on-the-job injury from exercising his/her prior scheduled and approved vacation. 35 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 Section 8. It is the responsibility of all employees to comply with all City rules and procedures regarding reporting on-duty injuries and to cooperate fully with medical and rehabilitation personnel. It is also the responsibility of all employees to report any injury or medical condition which may prevent them from safely performing all duties of their regular assignments to their supervisors upon becoming aware of any such condition. Section 9. An employee who manifests a mental injury arising out of employment unaccompanied by a physical injury will be provided benefits in accordance with the Policy and Standards Manual (PSM) Chapter 6.35.1, Service Incurred Mental Injury Pay, issued January 13, 2010. Section 10. The City may terminate an employee’s seniority and employment when the employee has not worked for the City for a period of two (2) years due to a service incurred injury and has reached MMI without medical clearance to return to full duty. However, if the employee reaches MMI less than two (2) years after his/her service incurred injury, he/she must apply for a disability pension within sixty (60) days of reaching MMI in order to remain an employee of the City after the date he/she reaches MMI. If an employee fails to apply for a disability pension within sixty (60) days of reaching MMI, the employee’s employment with the City will cease as of that date. 36 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 22 - CALL-BACK PAY Section 1. An employee who is called to return to work after completing his/her scheduled shift and has left the workplace of the City, shall be paid at the rate of time and one-half (1-1/2) the regular rate for hours worked with a minimum of three (3) hours. Section 2. An employee called back to work who is on an authorized leave shall be paid at the rate of time and one-half (1-1/2) the regular rate for hours worked with a minimum of three (3) hours. Such employee shall not be charged leave for any such hours worked. Section 3. The three (3) hours minimum call-in pay provision shall not apply in those instances wherein the overtime commences one and one-half (1-1/2) or fewer hours prior to and runs continuously into the employee's regular shift; or the employee is called back to work to rectify his/her own error or omission which cannot wait until the employee's next shift. In such instances, the employee shall be compensated for the exact hours worked at the appropriate rate. 37 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 23 - VACANT 38 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 24 - COURT APPEARANCES Section 1. Any employee who is required to appear as a witness as a result of employment with the City shall be entitled to the following: A. regular pay if called to testify during regularly scheduled work hours; B. one and one-half (1-1/2) times the employee's rate of pay if called to testify outside the employee's regular hours of work; C. in such cases, the employee will be permitted to keep any witness fee received; D. a minimum of three (3) hours at one and one-half (1-1/2) times the regular rate. The three (3) hour minimum provision shall not apply in those instances wherein the employee is required to appear in court because he/she had earlier failed to appear as directed by the court and the employee shall be compensated at the appropriate rate for the hours actually worked. Section 2. A. A regular employee subpoenaed to appear as a witness in a case not involving the City and not directly related to the employee's personal affairs, (such as performing a civic duty as a witness to a crime or an accident) will be allowed City time off with pay for this purpose. B. In such cases, the employee will keep the witness fee received and a copy of the check or cash payment will be submitted to the City Treasurer for deduction from the employee's regular pay. Travel expenses received for such cases are not subject to deduction. C. The obligations of this Section shall not apply to an employee testifying in any labor relations matters, arbitration, unfair labor practice or arbitration proceedings or testifying in any proceeding on behalf of the Union except as provided in Article 42, Grievance Procedure. Section 3. Time off to respond to a subpoena to appear as a witness in a case related to an employee's personal affairs will be at the employee's own expense (vacation or unpaid leave). Such leave shall not be denied. Section 4. Court Standby: On any duty or non-duty day, an employee who has been instructed to remain on standby in connection with a court appearance, shall be paid one-half (1/2) the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one (1) day. A minimum payment of one (1) hour at straight time shall be paid for all court related standby assignments. On a non-duty day on which an employee is required to stand by for a court appearance for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. 39 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 A "duty day" shall be defined as any day during which all or a majority of an eight (8) or ten (10) hour shift is worked between the hours of 12:01 a.m. and 12:00 midnight of any given day. A "non-duty day" shall be defined as any scheduled day off during a calendar week. When an employee is summoned for a court appearance during the specified standby hours, standby pay shall not be paid. Overtime pay at one and one-half (1-1/2) times the straight time rate shall be paid for such hours worked outside of normal working hours. However, the employee shall not receive less than three (3) hours overtime pay. If an employee on standby status for a court appearance, cannot be reached or fails to report to court as directed, standby pay shall not be paid, and the employee shall be subject to appropriate disciplinary action. 40 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 25 - BEREAVEMENT LEAVE Section 1. Time Off Provision - When there is a death in an employee's immediate family, that employee shall be granted a Bereavement Leave of a maximum of forty (40) hours per occurrence to attend the funeral. Bereavement Leave will not be charged against sick leave, vacation, or holiday time. If the employee needs additional time off due to the death of the immediate family member, the employee may request such additional time off, using accrued vacation leave. Approval of such request for time off shall be at the sole and exclusive discretion of the Police Chief or designee. Section 2. The employee's immediate family is defined as the employee's spouse, domestic partner, children, mother, father, sister, brother, grandparents, and the children, parents, sister, brother, and grandparents of the spouse or domestic partner. The terms “parents”, “mother” and “father” means biological or adoptive parents of the employee and the employee’s spouse or domestic partner or any individual who stood in place of a parent, charged factitiously with a parent’s rights, duties, and responsibilities. The term “children” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person who is standing in place of a parent, charged factitiously with a parent’s rights, duties and responsibilities. The term “spouse” means a husband or wife; the term “domestic partner” means a person whose relationship with the employee meets the eligibility criteria for domestic partner status established by the City and who has executed and filed the required affidavit with the City’s Risk Management Division attesting to satisfaction of the eligibility requirements. Section 3. The City reserves the right to require documentation supporting Bereavement Leave after the employee returns to work. 41 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 26 - MILITARY LEAVE Section 1.0 Employees covered by this Agreement who are commissioned reserve and reserve enlisted personnel in the United States Military, Naval Service, Coast Guard, or members of the Florida State National Guard shall be entitled to leave of absence without loss of pay in accordance with the provisions of Florida Statutes, Section 115.07. When the bargaining unit member is ordered to active duty beyond two hundred and forty (240) working hours in any one (1) calendar year, the City agrees to pay such leave up to a maximum of ten (10) additional workdays. Section 1.1 The employee shall be required to submit an order or statement from the appropriate military commander as evidence of any such duty. Such an order or statement must accompany the formal request for Military Leave which should be made as soon as possible but at least two (2) weeks prior to the date such leave is desired. 42 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 27 - JURY DUTY Section 1. A permanent full-time employee shall be granted time off at straight time pay for reporting to required jury duty upon presentation to the employee's supervisor of satisfactory evidence that such jury duty is required and provided the time required for jury duty is the employee's normal workday or work shift. In order to be eligible, the employee must report at least seven (7) calendar days prior to the date of jury duty to the immediate supervisor on the prescribed leave form with the summons attached of the need to be absent because of a jury duty requirement. Section 2. Any compensation received by an employee for jury duty shall be retained by the employee; however, a pro rata amount of the jury duty pay received by the employee shall be deducted from the employee's regular pay based upon that portion of the regularly scheduled workday missed by the employee. There shall be no deduction for mileage pay nor for the one (1) hour reporting period provided in Section 3. An employee seeking jury duty leave must substantiate any compensation received for serving on jury duty by submitting a copy of the check(s) received or a copy of the receipt(s) for any cash received. Section 3. If an employee is released from jury duty within one (1) hour from the time required to report for such jury duty, the employee shall be required to report for duty on that date. 43 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 28 - POLICE CANINES Section 1. When a service canine can no longer perform as a service canine for the Police Department and is slated for replacement, the canine shall be considered retired for the purposes of this Agreement. Section 2. The canine handler may be permitted to purchase the retired canine for one dollar ($1) and shall continue to provide a stable and secure home for the canine’s lifetime. The handler may apply for reimbursement of veterinary expenses as provided in the Care for Retired Police Dogs Program Act, Section 943.69 Florida Statutes, as amended. The Police Department agrees to provide the necessary documentation for the canine handler to seek reimbursement. 44 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 29 - COMMENDATION PAID LEAVE Section 1. Each Officer of the Month who is selected by the Awards Committee, as currently constituted, shall receive a fifty-dollar ($50.00) gift certificate. The Officer of the Year, who shall be selected by the Awards Committee from among those who have been named Officer of the Month, shall receive one (1) day off with pay. 45 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 30 - BASIC WORKWEEK AND OVERTIME Section 1. The basic workweek for all employees covered by this Agreement shall consist of forty (40) hours, starting at 12:01 a.m. Sunday and ending at 12:00 midnight Saturday, unless otherwise specified or scheduled by management to meet particular requirements of the Department. Time spent in roll call or briefing for employees required to attend will be considered as time worked. Section 2. All authorized and approved work performed in excess of forty (40) hours in any one (1) workweek shall be considered as overtime and shall be paid (unless the employee is granted compensatory time off or working an approved shift trade) at the overtime rate of one and one-half (1-1/2) times the employee’s regular hourly rate of pay. Compensatory time is time earned at one and one-half (1-1/2) times the overtime hours worked by an employee. The choice of compensatory time off or overtime pay shall be at the employee’s option unless that compensatory time off would interfere with the operational needs of the Department involved or there are insufficient funds to pay overtime. Accrued, unused compensatory time off may not exceed eighty (80) hours, except when in the best interest of the City and when approved by the Police Chief. Accrued compensatory time must be used within nine (9) months of the accrual date or shall be paid at the applicable overtime rate of pay. Once the eighty (80) hours compensatory time maximum accrual has been reached, employees required to work in excess of forty (40) hours in a designated workweek shall be paid overtime at the time and one-half rate. Section 2.1 In accordance with Section 7(K) of the Fair Labor Standards Act, the normal work week for employees who are assigned to a police dog shall consist of a forty-three (43) hour workweek in a seven (7) day period accomplished by a forty (40) hour work schedule and three (3) additional hours each week for the performance of all canine related responsibilities outside of the established work schedule. The forty-three (43) hours shall be compensated as straight time hours. All authorized and approved work performed in excess of forty-three (43) hours in any seven (7) day workweek shall be considered overtime and shall be paid at the rate of one and one-half (1- 1/2) times the employee’s regular hourly rate of pay. Paid leave shall be used on the basis of actual leave from work. For example, a Canine Unit officer who takes one (1) week vacation but continues to care for his or her police dog shall use forty (40) hours paid leave. In such cases, the officer shall receive forty-three (43) straight time hours of pay. Section 3. Paid sick leave and any paid leave of absence other than leaves imposed by Department policy shall not be considered as hours worked, for the purposes of overtime computation. Holidays and vacation leave shall be considered as time worked. Section 4. Employees may be required to work overtime as scheduled. Overtime will be distributed equitably among employees in their particular job classification, in their organizational units, as far as the character of the work permits. Although temporary imbalances in the distribution of overtime may occur, nothing in this Section shall be construed as alleviating the continuing intent of Departmental management to distribute overtime fairly and equitably over an extended period of time. Departmental management will maintain overtime records and will make such information available to a Steward upon request. 46 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 Section 5. No employee within a unit assigned standard work hours shall have his/her hours of work or days of work changed within his/her area of assignments as a punitive measure or specifically for the purpose of avoiding the payment of overtime. Section 6. Pyramiding of Rates – In no event shall the overtime or premium pay provided under this Agreement be pyramided. Thus, if two (2) or more overtime or premium pay provisions are applicable to the same hours of work, only the applicable provision yielding the largest amount shall satisfy the requirements of all other pay provisions. 47 Agreement Between City of Fort Lauderdale and FOP, Lodge 31- Officers and Sergeants October 1, 2023, through September 30, 2026 ARTICLE 31 - HOLIDAYS Section 1. Holidays – Each calendar year, Bargaining Unit members shall be eligible, in the manner provided below, for a maximum of eighty (80) hours of holiday leave which shall be composed of:

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