Collective Bargaining Agreement between the Sheriff of … Contract 2011.pdf · ·...

Collective Bargaining Agreement

between

the Sheriff of Charlotte County

and The Florida State Lodge

Fraternal Order of Police, Florida

Certification Number 1277 (as amended)

Civilian Employees

October 1, 2009 through September 30, 2012

CIVILIAN CONTRACT

TABLE OF CONTENTS

PREAMBLE ......................•.....................•...................................................•.........................•..•.................................. !

ARTICLE 1- RECOGNITION .....................................................................................................................•........... 2

ARTICLE 2- NON-DISCRIMINATION ................................................................................................................. 3

ARTICLE 3- MANAGEMENT RIGHTS ................................................................................................................ 4

ARTICLE 4- WORK RULES AND REGULATIONS ........................................................................................... 6

ARTICLE 5- UNION DEDUCTIONS ...........................................•.......................................................................... 7

ARTICLE 6 -MINIMUM STAFFING .........................................•......•......................................................•............. 8

ARTICLE 7- BULLETIN BOARDS ............................•.............................•....................................................•........ 9

ARTICLE 8- FOP REPRESENTATIVES/UNION BUSINESS ............................................................•............• 10

ARTICLE 9 -BEREAVEMENT LEAVE .............................................................................................................. 11

ARTICLE 10- MILITARY LEAVE ....................................................................................................................... 12

ARTICLE 11- HOLIDAY LEAVE BENEFITS .................................................................................................... 13

ARTICLE 12- VACATION LEAVE ...................................................................................................................... 14

ARTICLE 13- PERSONAL HOURS ...................................................................................................................... 15

ARTICLE 14- SICKLEAVE ...............................•.................................................................................................. 16

ARTICLE 15- ACTING FOR SUPERIOR ........................................................................................................... 17

ARTICLE 16- PAY .................................................................................................................................................. 18

ARTICLE 17- VACATION PAYPROVISIONS ...............................................................................................•.. 19

ARTICLE 18- BASIC WORKWEEK AND OVERTIME ................................................................................... 20

ARTICLE 19- LAYOFF/RECALL ........................................................................................................................ 22

ARTICLE 20- JURY DUTY AND COURT APPEARANCES ............................................................................ 23

ARTICLE 21 -PERSONNEL RECORDS .......................................................•...................................................... 24

ARTICLE 22 - DRUG AND ALCOHOL TESTING ............................................................................................. 25

ARTICLE 23 - PENSIONS ...................................................................................................................................... 26

ARTICLE 24- EDUCATIONAL INCENTIVE ...............................................•..................................................... 27

ARTICLE 25- GRIEVANCE PROCEDURE .........•..•........................................................................................... 28

ARTICLE 26- INSURANCE ................................................................................................................................... 32

ARTICLE 27 - SHOE/BOOT REFUND ................................................................................................................. 33

ARTICLE 28- EQUIPMENT & REIMBURSEMENT FOR PERSONAL PROPERTY .................................. 34

ARTICLE 29- CONSULTATION .......................................................................................................................... 35

ARTICLE 30- INJURED IN THE LINE OF DUTY ................................................................ : ........................... 36

ARTICLE 31- DURATION OF AGREEMENT ......................................•............................................................ 37

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Civilian Contract October 2011

PREAMBLE

This agreement is entered into by and between the Charlotte County Sheriff's office here in after referred to as the Sheriff or CCSO, and the Fraternal Order of Police Civilian Labor Unit, hereinafter referred to as the Florida State Lodge Fraternal Order of Police Inc., here in after referred to as the (FOP).

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ARTICLE 1

RECOGNITION

The Charlotte County Sheriff's Office recognizes the Florida State Lodge, Fraternal Order of Police as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and term and conditions of employment for all members of the bargaining unit. The Sheriff acknowledges that the Public Employees Relations Commission (hereinafter called "PERC") has certified the Union as exclusive collective bargaining representative for the bargaining units certified by the Public Employees Relations Commission in Certification No.1277 (as amended). Recognition and the terms and conditions of this agreement will terminate immediately upon the revocation of certification by PERC. This agreement is intended to specifically exclude all other employee classifications, whether full-time, part-time, compensated, or noncompensated officers, employees, or auxiliary members.

The parties may, however, mutually agree to include or exclude employee classifications under this agreement if changes during this agreement warrant the addition or deletion of these classifications, such as those created by merging or re-titling classifications, or the elimination of existing classification where the creation of new ones would satisfy PERC standards for inclusion in the bargaining unit.

The Sheriff recognizes the FOP as the exclusive bargaining representative for the following bargaining tmit of the Sheriffs employees employed in the Sheriffs civilian unit.

INCLUDED: All full time, non-certified persounel employed by the appointing authority ofthe Sheriff, of Charlotte Cmmty performing in the administrative, maintenance, communication and support divisions of the Sheriff's Office, including specifically the following employee classifications: Administrative Services Assistant Supervisor, Administrative Services Supervisor, Alarm Coordinator, Background Investigator, Clerk I, Clerk 2, Courier, Court Liaison, Crime Analyst I, Crime Analyst II, Crime Prevention Specialist, Crime Scene Supervisor, Crime Scene Technician I, E911 Database Analyst ,Economic Crimes Specialist, Financial Assistant I, Human Resource Career Specialist, Human Resource Specialist I, Human Resource Specialist II, Information systems Support Specialist I, Information & Technology Technical Specialist II, Information & Technology III-Web Developer & System Support, Information & Technology Technical Specialist, Juvenile Interview Specialist, Legal Process Assistant 1, Mechanic, Patrol Community Service Aide, Property/Evidence custodian, Property/Evidence Supervisor, Public Safety Calltaker, Public Safety Dispatcher I, Public Safety Assistance Supervisor, Public Safety Shift Supervisor, Sanitation & Maintenance Technician, Secretary, Supply and Inventory Control Assistant, and Support Services Supervisor

EXCLUDED: All other personnel of the Charlotte County Sheriff's Office; all certified and sworn personnel; all managerial and confidential employees; and specifically the Accreditation Specialist I (Jail), Accreditation Supervisor, E-911 Administrator, Executive Secretaries to the Sheriff and Chief Deputy, IA Secretary, Finance Director, Finance Supervisor, Human Resource Benefit Coordinator, Human Resource Director, Information Systems Director, Legal Process Administrator, Public Information Officer, Records Administrator, and Research & Planning Specialist.

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Civilian Contract Jtme 2009

ARTICLE2

NON-DISCRIMINATION

2.1 The FOP will not discriminate against employees covered by this agreement on the basis of their refusal to become a FOP member.

2.2 Both CCSO and the FOP oppose discrimination on the basis of age, race, creed, color, national origin, sex, handicap/disability, marital status, religion or union activity. However, the parties also recognize that CCSO has established an internal procedure to investigate and resolve alleged cases of discrimination which is in addition to existing and adequate procedures established by Charlotte County, the State of Florida and of employment discrimination cannot be processed through the contractual grievance arbitration procedure.

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ARTICLE3

MANAGEMENT RIGHTS

The FOP recognizes that all statutory and inherent managerial rights, prerogatives, and ftmctions are retained and invested exclusively in the Sheriff's Office, except as expressly modified or restricted by a specific provision of this Agreement. The FOP recognizes that the Sheriff's Office has the following rights, powers, authority, and discretion subject to the tenus and conditions of the Agreement:

A. To determine the organizations of the Sheriff's Office government. B. To detennine the purpose of each of its constituent divisions or subdivisions. C. To exercise control and direction over the organization and efficiency of the

operation of the Sheriff's Office. D. To set standards of productivity and for the services to be rendered. E. To manage and direct the employees of the Sheriff's Office. F. To hire employees, detennine their qualifications, assign and direct their

work; to classify, transfer, evaluate, promote, train, schedule, retrain, lay-off, recall, retire, and terminate employees.

G. To reprimand, suspend, demote, discharge, or otherwise discipline employees with proper cause.

H. To increase, reduce, change, modify, or alter the composition and size of the work force, including the right to relieve employees from duties because of lack of work, ftmds, or other legislative reasons that are not in conflict with this Agreement.

I. To determine the location, methods, means, and personnel by which operations are to be conducted.

J. To determine the number of employees to be employed by the Sheriff's Office.

K. To establish, change, modify, expand, reduce, alter, combine, transfer, assign or cease any job, division, operation, service or project.

L. To establish, change or modify duties, tasks, responsibilities, or requirements within the job description in the interest of efficiency, economy, technological change or operating requirements.

M. To establish, implement, and maintain an effective Internal Security Practice. N. To set dress code and uniform standards. 0. To set the starting and stopping time and to schedule the number of hours and

shifts to be worked. P. To approve or disapprove time off from work and leave without pay. Q. To use independent contractors to perform work or services, to

subcontractors, contract out, close down, or relocate the Sheriff's Office operations or portions and other property.

R. To control and regulate the use of Sheriff's Office machinery, facilities, equipment, and other property.

S. The FOP acknowledges that the Sheriff's Office from time to time may establish, make changes, combine, modify the duties, tasks, responsibilities, or requirements within the job description, policies, rules and regulations of

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the Sheriff's Office and other official documents setting forth rules, regulations and operational procedures. The Sheriff's Office will furnish the FOP designated representative a copy of said changes to the Rules and Regulations ten (10) days prior to implementation. This does not constitute a waiver of the FOP's right to impact bargaining. However, impact bargaining will be deemed waived if not requested in writing to the Sheriff's Office within thirty (30) calendar days after notice of the change is received by the Association.

T. To promulgate and enforce the Sheriff's Office Personnel manual and the Sheriff's Office Rules and Regulations.

1. The Sheriff's Office failure to exercise any right, prerogative, or functions hereby reserved to it, or the Sheriff's Office exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Sheriff's Office right to exercise such right, prerogative, or function, or preclude from exercising the same in some other way not in conflict with the express provisions of this Agreement.

2. The above rights of the Sheriff's Office are not allinclusive but indicate the type of matters of rights, which belong to and are inherent to the Sheriff's Office in its capacity of management and direction of the Sheriff's Office. Any rights, powers, and authority the Sheriff's Office had prior to entering into this Agreement are retained by the Sheriff's Office except as expressly and specifically abridged, deleted, granted, or modified by this Agreement. Those inherent and common-law management functions and prerogatives of this Agreement are not in any way, directly or indirectly, subjected to any grievance procedure.

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ARTICLE4

WORK RULES AND REGULATIONS

4.1 It is recognized that the Sheriff currently has work rules, regulations, policies and procedures governing employment. The parties agree that the Sheriff has the sole and exclusive discretion to formulate, amend, revise and implement such rules, regulations, policies and procedures.

4.2 In the event that any rule, regulation, policy or procedure conflicts with this agreement, the language in this agreement shall control.

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ARTICLES

UNION DEDUCTIONS

5.1 Union deductions shall be made in accordance with forms provided by the FOP and executed and authorized by the new Union member authorizing said deductions. There shall be no charge made by the Sheriff for these deductions. The FOP shall provide the exact amount of monies to be deducted for each employee to the Sheriff.

5.2 In the event of a dues increase by the Union, the following procedure will be followed:

A. The Union will mail each affected member of the Union a letter notifying them of the amount of the increase and the effective date.

B. The Union will provide CCSO's Finance Division a copy of the notification letter sent to each member, a complete list of the names of the members to which the dues increase will apply, including the amount the dues are increasing, and the proposed effective date of the increase.

C. It will be the member's responsibility to promptly notify the Finance Division in writing and their Union representative of their decision to cancel their membership due to a rate increase.

5.3 Any changes in the amounts to be deducted shall be given to the Sheriff thirty (30) days in advance. These monies shall be transmitted. to the FOP on a biweekly basis; the deductions are taken from twenty-four (24) payroll checks. The FOP shall indemnify the Sheriff and hold the Sheriff harmless against any and all suits, claims, demands, and liabilities, which arise out of, or by reason of any action taken by the Sheriff to comply or attempt to comply with the provisions of this Article.

5.4 This assignment, authorization, and direction shall be revocable at any time upon thirty (30) days written notification by the employee to the FOP who will make appropriate notification to the Sheriff.

5.5 When a FOP member has a break in service and payroll deduction is stopped and later returns to duty the CCSO Finance Division will reestablish their payroll deduction, upon request of the returning member.

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ARTICLE 6

MINIMUM STAFFING

6.1 For reasons of safety and efficiency of operations, the Sheriff shall establish and maintain minimum staffing levels within each organizational milt. However, the Sheriff, shall determine minimum staffing levels, which may change from time to time and may consider seniority in determining assignments, days off and annual leave.

6.2 For purposes of this agreement, "seniority" shall be defmed as continuous service in the position; provided, however that an employee shall be considered to have a break in service when the employee separates, and is not on any payroll for at least thirty-one (31) calendar days following the separation.

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ARTICLE 7

BULLETIN BOARDS

7.1 The Sheriff agrees to permit reasonable use of all FOP bulletin boards located throughout the Sheriffs Office by the FOP for official FOP notices only. The FOP may provide written requests to the Sheriff to place its bulletin boards, at the sole expense of the FOP, at each one of the District Offices, Administration and Correction facilities.

7.2 The Sheriff, at his discretion, shall determine the size and location and type of the bulletin boards, which shall be provided by the FOP. The FOP agrees that it may only use and/or post one bulletin board at a District and those bulletin boards may be locked or enclosed.

7.3 Notices posted on these bulletin boards shall not contain anything reflecting adversely on the Sheriffs Office, or any of its officers or employees; nor shall any posted material violate or have the effect of violating any law, rule, or regulation.

7.4 Notices posted must be dated and bear the name of the FOP's authorized representative.

7.5 The parties agree that the S.O. computers will not be used by the unit members for Union related notices or business.

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ARTICLE 8

FOP REPRESENTATIVES/UNION BUSINESS

8.1 The Sheriff recognizes the right of the FOP to designate four (4) FOP representatives or their designees, as it deems appropriate. The names will be supplied.

8.2 The Sheriff agrees to contribute two hundred fifty (250) hours per year to a FOP time pool. Such time shall be utilized by FOP representatives, if necessary, for union business as set forth in Section 8.4.

8.3 Hours from the FOP time pool may be utilized by designated FOP representatives when they are required to represent employees as part of grievance procedures, when they attend monthly FOP Board of Directors meetings, negotiation sessions and meetings, FOP state conferences, FOP Training, and other mutually agreed meetings, subject to available manpower and staffing needs. Except for negotiation sessions, the parties agree to limit the number of employees attending such functions to no more than three (3) per shift. The parties agree that the number of employees attending official negotiation sessions while on duty will be restricted to no more than two (2) representatives in an on-duty status and no more than one (1) representative from any one District and/or specialty unit members attending such ftmctions will provide as much advanced notice to their supervisor as practicable and at least (24) hours notice as a minimum.

8.4 The President, vice-president, Secretary, Treasurer and District Representatives will be permitted to attend the regular monthly meetings of the labor unit ifthey are working subject to staffing needs. However, they will be subject to call.

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ARTICLE 9

BEREAVEMENT LEAVE

9.1 In the event of a death in the immediate family, a member will be granted administrative absence with pay. The maximum time allowed is five (5) consecutive days. If the member attends an out of state funeral, the maximum time allowed will be seven (7) consecutive days. Immediate family is defined as mother, father, child, step-child, step-parent, grandparent, grandparent-in law grandchild, niece and nephew, brother and sister, husband, wife, mother in law, father in law, brother in-law and sister-in law Maximum of twice in a calendar year.

9.2. The first two Bereavement Leave events shall not be charged to vacation or sick leave.

9.3 In the event that a member experiences the loss of more than two family members during the calendar year, they shall be allowed to take available accmed vacation, compensatory, personal or banked holiday hours to attend the funeral in accordance with the time allowances set forth in Section 9.1.

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ARTICLE 10

MILITARY LEAVE

1 0.1 Any employee who is a member of military reserve unit or National Guard shall be allowed up to seventeen (17) days leave, per fiscal year, without loss of pay or other accumulated leave when ordered to active duty by the appropriate military tmit.

10.2 Any employee who uses more than the allotted seventeen (17) days may use armualleave to compensate for any extra military leave.

10.3 Employees who are issued military or training orders will deliver a copy of the orders to their chain of command upon receipt of same.

10.4 CCSO will comply with the Veterans Reemployment Rights Act.

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ARTICLE 11

HOLIDAY LEAVE BENEFITS

11.1 The following holidays shall be observed as official paid holidays for all members of the bargaining unit, except those on leave of absences without pay and those on suspension:

NEW YEAR'S DAY MARTIN LUTHER KING DAY PRESIDENT'S DAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY VETERAN'S DAY THANKSGIVING DAY - and the following Friday, for a total of two (2) days. CHRISTMAS EVE CHRISTMAS DAY

11.2 Employees will earn Eighty-Eight (88) Hours of Holiday leave per year. This leave may not be accumulated and must be used by the last payroll of the fiscal year. Of the above Eighty Eight (88) hours the employee shall be allowed to carry the eight (8) hours earned from Labor Day to the new fiscal year.

11.3 Employees not scheduled to work, but who are ordered to work on any of these eleven recognized holidays, shall receive two times the employee's straight time rate of pay for all hours worked on the holiday.

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ARTICLE 12

VACATION LEAVE

12.1 Vacation or annual leave is used for time off for personal matters.

12.2 After an employee completes his probationary period, such employee may use annual leave with the prior approval of the Sheriff or his designee. Vacation time and time off for personal matters must be approved in advance.

12.3 Vacation or annual leave will be granted on the following basis:

Continuous Years of Service 0 months through 2 yrs. 3 through 5 yrs. 6 through 8 yrs. 9 through 11 yrs

12 years plus

Leave Earned 80 hours

120 hours 144 hours 160 hours 200 hours

12.4 Except for natural disaster no more than two hundred fifty (250) hours of vacation leave may be carried forward from one fiscal year to the next. Any employee who has exhausted all of his sick leave shall be allowed to convert annual leave into sick leave.

12.5 Every effort shall be made by the Department to see that every employee with sufficient accumulated leave is given the opportunity to take at least eighty (80) continuous hours of annual leave. Every employee shall be required to take at least forty ( 40) continuous hours of annual leave per year.

12.6 When an employee, other than a probationary employee, separates from the Department for any reason other than by termination and as a member in good standing, he shall be paid in a lump sum for all unused mmualleave up to, and not exceeding 250 hours. In the event of the death of the employee, the employee's beneficiary or estate shall receive the accrued hours set forth herein at the employee's hourly rate of pay at the time of death.

12.7 Annual leave shall not be earned by an employee during a leave of absence without pay, a suspension, or when the employee is otherwise in a non-paid status.

12.8 Vacation leave will be granted on the basis of first come, first serve. In the event of two or more employees request leave simultaneously, the leave will be granted on the basis of seniority, in the division.

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ARTICLE 13

PERSONAL HOURS

13 .I Employees covered by this agreement with the statns of full time after achieving a non probationary statns will be allotted, on an annual basis, effective October 1st of each year, 24 personal leave hours to be taken with prior approval of their supervisor. These hours must be used within that year and cannot be accumulated for any reason. The employee may use these hours in increments of at least (0 1) hour, but is not limited to using all of their personal hours at their discretion.

13.2 When a member achieves a non-probationary status after the fiscal year has begun, Personal leave hours off will be awarded by the following schedule: October through January (24) hours, February through May (16) hours, June through September (8) hours.

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ARTICLE 14

SICK LEAVE

14.1 All full time employees will earn ninety-six (96) hours of sick leave per year at the rate of3.70 hours per work period. Accrual will be based on active pay status hours, excluding overtime, standby, call back or other premium pay. Sick leave may be accumulated to an unlimited amount of hours.

14.2 Upon his/her retirement, from the CCSO as evidenced by documentation from The-Florida State Retirement Plan, the employee shall be paid 50% of his accrued sick leave not to exceed 500 hours.

14.3 Members ofCCSO are allowed to donate a portion of their sick time to another member of CCSO when they are in need of additional time, upon approval by the Sheriff or his designee.

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ARTICLE 15

ACTING FOR SUPERIOR

15.1 When an employee is temporarily assigned to a higher pay classification or in an acting capacity for a period of more than fifteen (15) work days within any ninety (90) consecutive day period, the employee shall receive the minimum rate of pay of the higher classification or a rate of pay of no less than 5% above the employee's current base rate of pay, whichever is higher. The pay adjustment shall be retroactive to the first day on which the employee is serving in the temporary or acting capacity and shall be applicable only on those days when the employee is serving in such capacity.

15.2 Any employee who serves in a higher position in an acting status and is promoted to the same position, shall have the promotion seniority date revert back to the first day served in the acting position, providing it was continuous and not outside of their current job classification.

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ARTICLE 16

PAY*

16.1 For the fiscal year October 1, 2011 to September 30,2012, there will be no armual or merit wage adjustment given to any bargaining unit employee.*

16.2 Employees certified as Trainers who are required to train will receive an additional three ($3.00) per hour for each hour spent training.

16. 3 Employees classified in the jail facility as: Administrative Control Room Clerk, Classification Clerk, Laundry Warehouse Clerk & Control Room /Intake Clerk will receive a pay differential in a yearly amount of $1250 which will be paid on 26 biweekly pay periods. The pay differential will only be paid while the member is working in those positions.

* Subject to County Commission funding.

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ARTICLE 17

VACATION PAY PROVISIONS

17 .I Pay advance: Any employee on leave in excess often (1 0) working days or more may request payment for vacation or authorized leave prior to the scheduled time off. A request in writing (including approved leave slip) MUST be submitted to the Finance Department and Payroll Division at least three (3) weeks prior to the start of the leave.

NOTE: Employees who utilize this pay provision should be aware that upon return from vacation, they will not receive a paycheck on their next regular payday.

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ARTICLE 18

BASIC WORKWEEK AND OVERTIME

18.1 The basic workweek for all bargaining milt members covered by this agreement shall consist of forty ( 40) hours in a seven (7) day work period. Civilian personnel shall be assigned work schedules in accordance with Federal Fair Labor Standard Act requirements.

18.2 Time worked in excess of forty ( 40) hours per week shall be compensated at the rate of time and one-half. The choice of compensatory pay or time off shall be at the employees option unless that compensatory time off would interfere with the operational needs ofthe department involved or there are insufficient funds to pay overtime.

18.3 Accmed unused compensatory time off may not exceed eighty (80) hours, except when in the best interest of the CCSO and or approved by the Sheriff or his designee. Upon separation from the CCSO, the employee shall be paid for all accrued, unused compensatory time at the then existing rate.

18.4 For the purpose of overtime computation, holidays, vacation and sick leave or any paid leave of absence shall not be considered as time worked. Unless staffing shortages require that a member volunteers or is mandated by a supervisor to work on thdr scheduled day off.

18.5 Public Safety Persmmel who are assigned to 11.5 hours shifts will be assigned to either A Shift orB Shift. The time periods will split on Saturday at 12 noon or 12 midnight. Public Safety Personnel assigned to A and B shlfts will rotate from A Shift to B Shift every two months. The Sheriff may create other shifts and assign communications personnel to those shifts to meet the operational needs of the unit and to best serve the public

18.6 Corrections Clerks assigned to 11.5 hours shifts will be assigned to either an dayshift or nightshift. The time periods will split on Saturday at 12 noon or 12 midnight. The Sheriff may create other shifts and assign corrections personnel to those shifts to meet the operational needs of the jail facility and to best serve the public

18.7 In the event any employee is required to work approved overtime, he will not be required to use annual leave nor be placed in a leave without pay status during the basic work period to compensate or offset the overtime hours worked or to be worked. The Sheriff will tal(e reasonable measures to avoid the changing of scheduled days off with reasonable notice, not withstanding emergency situations.

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18.8 Call back pay is payment for work performed by an employee who has been recalled to work at a time disconnected with his/her normal work day and who is not assigned to standby duty. Work done in this manner shall be compensated with a minimum of three (3) hours pay at one and one-halftimes for administrative reasons, example; meetings, boards, etc. and three hours for emergency call back only.

18.9 In the event the Sheriff finds it necessary to require an employee to report to the Sheriffs Office during his normal off-duty time to receive disciplinary action, the employee shall not be eligible for call back pay, but shall be compensated at the employees regular rate of pay.

18.10 The Sheriff shall give a minimum often (10) consecutive days notice in writing of changes in shift or duty assignments, unless an emergency exists. An emergency is defined as a hurricane, flood, tornado, an act of God, a prison escape or catastrophic event. Reduction in force due to sick leave shall be considered an emergency.

18.11 Corrections Clerks who are assigned to 11.5 hour shifts will work on a permanent schedule as defined by Squads A and B 0630 hours to 1830 hours and Squads C and D 1830 hours to 0630 hours. All civilians assigned to 11.5 hour shifts shall take an tmcompensated consecutive 30 minute break per shift. These hours shall remain in effect for the term of this agreement. Members will remain on these shifts until members are able to use the seniority shift bid system as follows:

A. A seniority list will be distributed to all unit members. (Seniority will be time in position)

B. The seniority list will be given out on September I st each year. C. Each member will make their choice of a shift and a shift bid by seniority

list will be submitted through the chain of command to the Captain within 30 days. The Captain will have 30 days to implement changes and make notifications to affected personnel.

D. Except under extraordinary circumstances shifts and shift transfers shall be scheduled with due regard for the needs of the agency, seniority, and bargaining unit employee preference.

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ARTICLE 19

LAYOFF/RECALL

19.1 The Sheriff retains the right to determine the need for personnel reduction. However, once a reduction in personnel has been determined, the following factors will be considered:

A. Date of Hire with agency B. Job Performance C. AgencyNeeds.

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ARTICLE20

JURY DUTY AND COURT APPEARANCES

20.1 In the event an employee is subpoenaed or summoned for Jury Duty in Federal Court or State Court he shall be paid the difference between jury pay and his regular pay for normal work hours required to perform such duty. Employees who perform jury duty for only a portion of a regular scheduled workday are required to report to work when excused or released by the court.

20.2 Any employee who is required to appear as a witness as a direct result of employment with the Sheriffs Office shall be entitled to the following: A. Regular pay if called to testify during regularly scheduled work hours. B. One and one-half times the employee's regular rate of pay, with a minimum of two (2) hours including travel time, if called to testify, appear in court, or present a case to the State Attorney's Office outside the employee's regular hours of work excluding sick leave. Travel time within Charlotte County, only, shall be at one and one half time the employee's regular rate of pay.

20.3 When an employee is required to be on mandatory Court standby by the Court liaison officer during non scheduled work hours at the courthouse, the employee shall receive compensatory time at the rate of time and one-half.

20.4 The Sheriff will mal(e available a minimum often pagers to be distributed to those employees put on a standby status for court.

20.5 Any employee who is required to remain on standby for court shall be issued a pager. At time of release from standby the pager shall be returned within twenty-four (24) hours of release, tmless said time falls on a weekend or recognized holiday.

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ARTICLE21

PERSONNEL RECORDS

21.1 Each member covered by this agreement or legal representative so designed in writing by the member shall have the right to inspect his official personnel file. Such inspection shall take place at reasonable times and at the location where the official personnel file is kept.

21.2 Inspection of personnel files will be limited in accordance with Florida law. When entities from outside the agency request to examine a member's personnel file, notification to the effected member will be made without delay.

21.3 Each member will be allowed to make copies of their personnel file if they so choose at the cost of 15 cents per page.

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ARTICLE22

DRUG AND ALCOHOL TESTING

22.1 The FOP agrees that CCSO has the right to Drug screen all employees covered by this agreement, in accordance with the Charlotte County Sheriffs Office Drug Free Policy.

22.2 A copy of the Drug Free Policy will be distributed to all current employees and will be given to all newly hired employees.

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ARTICLE23

PENSIONS

All employees are enrolled in the Florida State Retirement System, which is non-contributory by the employee.

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ARTICLE24

EDUCATIONAL INCENTIVE

24.1 The training and tuition policy will continue as it is currently administered. Only members that are off initial probation are eligible for this policy.

24.2 The Sheriff will pay the following education _incentive pay for all eligible employees covered by this agreement.

A. Completed Associate's Degree (two years of college) or equivalent (minimum 64 degree seeking hours from an accredited college) $30.00 per pay period~ B. Completed Bachelor's Degree (from an accredited college)- $50.00 per pay period~ C. Completed Master's Degree (from an accredited college)- $61.53 per pay period~ D. Completed Doctorate Degree (from an accredited college)- $80.00 per pay period.

24.3 The Sheriff will only pay for the highest degree obtained; there will be no duplicate payment for the same or lesser degree.

Note: An accredited college, university, or community college is one that i~ accredited by one (1) of the six (6) regional accrediting organizations and/or a degree granting institution recognized by the Florida Department of education to grant college degrees in the State of Florida.

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ARTICLE25

GRIEVANCE AND ARBITRATION PROCEDURE

25. 1 Section 1: In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed that there is a procedure for the resolution of grievances between the parties arising from any alleged violation of a specific term of this Agreement.

25.2 Section 2) For the purpose of this Agreement, a grievance is defined as a dispute, claim or complaint that any employee or the Union may have as to the interpretation, application, and/or alleged violation of some express provision(s) of this Agreement which is subject to the Grievance Procedure. Transfers, assigmnents, scheduling and demotions without loss of pay are not grievable or arbitrable. Disciplinary action as defined by the Charlotte County Sheriffs Office Operations Manual will be handled in accordance with the procedures therein except as set forth below. No bargaining unit member may file a grievance or request arbitration without the notification by the Agency to the Union. The arbitration shall be conducted under the rules set forth in this agreement. Subject to provisions contained herein, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in this article and to enforce compliance with the tenns and conditions of the agreement.

A. Employees receiving disciplinary action up to five (5) days suspension without pay or less shall be entitle to grieve the disciplinary action through the chain of command as set forth in (29.5) step 1, 2, and 3 below and may be permitted to use accrued leave time, except sick leave, if he or she so desires for up to two (2) days of the suspension.

B. Employees receiving disciplinary action above five (5) days suspension without pay shall be entitled to grieve the disciplinary action through the four (4) step process as set forth below, and the arbitrator's decision will be binding on the parties.

C. Terminations and demotions with loss of pay will be processed through the four (4) step process as set forth below, however the arbitrator's decision will not be binding on the Sheriff and will serve as a recommendation only.

25.3 Section 3:

A. Every effort will be made by the parties to settle all grievances as soon as possible. The time limits set forth shall be strictly complied with and can only be extended by mutual agreement of the parties in writing. Any grievance shall be considered settled at the last level considered if the grievant fails to timely process grievance to the next level.

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B. The commencing oflegal proceedings against the Sheriff in a court oflaw or equity, or before the Public Employee Relations Commission, for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of remedy and shall be a waiver by the party commencing the proceeding of its/their right to resort to the grievance and arbitration procedure contained in this Article and any grievance that has already been filed over the same subject will be dismissed. Except as otherwise specifically provided, the Grievance and Arbitration Procedure is the sole remedy for any alleged violations of this Agreement. It is the intent of both parties that the same relief not be heard under both the Arbitration Procedure and before PERC or a court or any administrative agency or body.

25.4 Section 4: information:

All grievances must be in writing and must contain the following

(1) Article(s) and Section(s) of the Agreement alleged to have been violated; (2) A general statement of the grievance including facts, dates and times of events and the remedy or adjustment desired; (3) Signature of aggrieved employee or the Union representative and date

signed.

25.5 Section 5: Grievances shall be processed in accordance with the following procedures:

STEP 1: The grievant or FOP shall present in writing his/her grievance to the employee's Captain within seven (7) calendar days of the occurrence of the action giving rise to the grievance. Discussions will be infonnal for the purpose of settling differences in the simplest and most effective manner. The Captain shall reach a decision and communicate in writing to the grievant within seven (7) calendar days from the date the grievance was presented to him/her. Failure of the Captain to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 2.

STEP 2: If the grievance is not settled at the first step, the grievant or FOP within seven (7) calendars days of the answer in Step 1, or if no answer was received tmder Step 1, within seven (7) days of the date the answer was due, may appeal the grievance to the Major. The Major or designee may investigate the alleged grievance and may, within seven (7) calendar days of receipt of the written grievance, conduct a meeting between the Major, other Sheriffs representatives as necessary, the grievant and the grievant's Union representative. The Major shall notify the aggrieved employee of a decision no later than seven (7) calendar days following the submission of the grievance at Step 2. Failure of the Major to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 3.

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STEP 3: If the grievance is not settled in Step 2, the grievant or FOP within seven (7) calendar days of the answer in Step 2, or if no answer was received under Step 2, within seven (7) calendar days of the date the answer was due, may appeal the Step 2 answer to the Sheriff. The Sheriff or designee may investigate the grievance as appropriate and may, within seven (7) calendar days of receipt of the written grievance, conduct a hearing or meeting between the Sheriff, other CCSO representatives as needed, the grievant and the grievant's Union representative. The Sheriff shall notify the grievant in writing of a decision not later than seven (7) calendar days following the submission of the grievance at Step 3. Failure of the Sheriff to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 4.

STEP 4: If a grievance has not been satisfactorily resolved within the grievance procedures, the FOP may, within seven (7) calendar days after the response is received at Step 3 of the Grievance Procedure, request a panel of seven arbitrators from the Federal Mediation and Conciliation Service ("FMCS"). A copy of the written request will be provided to the Sheriff who will be referred to as the CCSO representative on the request form.

25.6 Section 6: Upon receipt of the list, each party shall alternate striking arbitrators, beginning with the party who requested the arbitration panel. A party may choose a new list within 7 days of the receipt of the initial list. The strildng shall begin no later then 20 days upon the receipt of the initial list or 7 days upon receipt of the second list if requested. If a party does not begin the striking of an arbitrator within these time lines than the party shall waive the right to strike the first name on the arbitration list.

25.7 Section 7: The following general rules are applicable to this Article:

A. The FOP may abandon or settle a grievance. Grievances settled under this Article shall be non-precedent setting and cannot be offered as evidence or precedent in any subsequent arbitration case unless the Union and the Sheriff mutually agree in writing that the grievance is precedent setting.

B. No grievance can be amended or supplemented after the initial management response at Step I without the written consent ofthe Sheriff.

C. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreement.

D. The arbitrator shall have no power to establish wages, rates of pay for new jobs, or to change any wage, unless the arbitrator is specifically empowered to do so by both parties.

E. The arbitrator shall have only the power to rule on grievances arising tmder this Agreement, as defined under Sections 2 and 4 above.

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F. The arbitrator shall determine each dispute in accordance with the tenns of this Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no Submission Agreement, then the arbitrator will rely on the grievances as written under Step 1 of this Agreement.

G. Unless the parties agree in writing to the contrary, only one grievance may be submitted to an arbitrator at any one hearing.

H. Upon request, the arbitrator shall rule on arbitrability before issuing a decision on the merits. If a lawsuit is filed over arbitrability, the arbitration shall not commence until the suit has terminated in the trial court.

25.8 Section 8: Except as provided in Section 2 of this Article the arbitrator's decision shall be final and binding on the Union and on all bargaining unit employees and on the Sheriff, provided that the arbitrator's decision is not outside or beyond the scope of the arbitrator's jurisdiction and authority as set forth in this Agreement.

25.9 Section 9: Each party shall bear the expense of its own witnesses and its own representatives, except on duty employees may be on call to appear. The arbitrator's bill shall be equally shared by the parties. Expenses of obtaining a hearing room, if any, shall be equally divided between the parties.

25.10 Section 10: The parties may agree in writing that with respect to any arbitration that there will be no transcript of the proceeding and/or no post arbitrations briefs

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ARTICLE26

INSURANCE

26.1 Bargaining unit members will enjoy the same insurance under the same terms as all other employees of the Sheriff except as otherwise stated in this Article.

26.2 In the event there is an increase in the cost of health insurance premiums, employees and the Sheriff shall each pay fifty percent (50%) of the additional mcrease.

26.3 The Sheriff shall provide medical insurance, hospitalization insurance, dental plan, prescription plan, life insurance and an optical plan for the employees covered under this contract.

26.4 The Sheriff agrees to pay one hundred percent (100%) for the cost of the health insurance premium only for dependent coverage of employees who choose to be on CCSO's health insurance plan and who choose dependent health insurance coverage. This premium payment provision excludes Employees with ancillary coverage's only, such as Short Term and Long Term disability, Dental, Vision or Life Insurance.

26.5 CCSO will comply with the provisions of the Consolidated Omnibus Budget R"'~un~i1iatiun Act (COBRA) of 1985.

26.6 The Sheriff agrees to provide medical insurance to retirees in accordance with Florida State Statute 112.0801. Additionally CCSO will continue to provide paid Post Retiree Benefits for eligible CCSO retirees as long as the plan is sufficiently funded. The eligibility and specific benefits coverage language including the payment of the retiree FRS Insurance Subsidy to CCSO, the maximum duration of this benefit which is when the retiree becomes eligible for Medicare is contained in the Agency Benefit Sununary Plan.

26.7 The Sheriff will continue to allow Union Representatives from each unit to participate in insurance meetings designed to evaluate new plan coverage options and current plan benefits.

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ARTICLE27

SHOE/BOOT REFUND

27.1 A maximum refund allowed for Road CSA's, Crime Scene, Civil process servers, Evidence Custodians, and corrections clerk member will be eighty ($80) dollars per fiscal year for one pair of shoes or boots. Refunds will be given only when submitted with a receipt from a store showing the date and the amount of purchase. Should the cost of the shoes /boots exceed eighty ($80) dollars, the employee absorbs the difference. Should the cost be less, only the purchased amotmt will be refunded.

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ARTICLE28

EQUIPMENT & REIMBURSEMENT FOR PERSONAL PROPERTY

28.1 The Sheriff will provide a pager, at no cost to the FOP representative, who must be an employee of the Sheriff.

28.2 If the Sheriff, in its discretion, authorizes employees to take home County owned vehicles, the Sheriff agrees to notify FOP of its intent to discontinue "take home" vehicles and further agrees that prior to discontinuing such practice, to impact bargain the subject of"take home" vehicles.

28.3 Employees shall not be required to use a " time clock " or like device, unless and tmtil all employees, detention deputies and road deputies below the rank of lieutenant are required to use a " time clock" or like device.

28.4 The Sheriff shall provide an initial issuance of 5 new uniforms for those employees required to wear the tmifonns in the performance of assigned duties. Thereafter the Sheriff shall replace the uniforms as necessary. The Sheriff shall have the sole discretion to determine if a uniform shall be worn, who shall wear a uniform and the conditions under which it must be worn.

28.5 Personal property of the employee that is lost, stolen, damaged or destroyed in the line of duty, except through the employee negligence, shall be replaced or repaired by the Sheriff subject to the following restrictions:

a. The maximum reimbursement for eyeglasses and/or hearing aids shall be two hundred ($200.00) dollars. Any workers' compensation benefit shall be assigned to the Sheriff.

b. Request for reimbursement shall be made within the shift in which the loss occurs.

c. Reimbursement shall be approved by the Sheriff.

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ARTICLE29

CONSULTATION

29.1 Representatives of the Sheriff and the FOP will meet at a mutually agreed upon time to discuss important matters, review the administration of the contract and to resolve problems that may arise. At least one of these labor-management meetings will be held during a fiscal year.

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ARTICLE30

INJURED IN THE LINE OF DUTY

30.1 Section 440.15(12), Florida Statutes- Full Pay Status: An employee who sustains a job connected disability and meets the eligibility requirements as provided for in Section 440.15, (12) Florida Statutes, will be carried in full pay status as determined by the workers' compensation carrier.

30.2 Ail employees are covered by the Florida Workers' Compensation Act hereinafter called the Act, and shaii be entitled to all benefits awarded under said Act as set forth in G.O. 3.30, Workers Compensation, Work Related Injuries, Disability, Death.

30.3 The provisions of this article are not subject to the grievance procedures.

30.4 The CCSO wiii comply with the Americans with Disabilities Act (ADA).

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ARTICLE31

DURATION OF AGREEMENT

31.1 This agreement will commence on October 1, 2009 and will remain in effect until September 30, 2012. The parties agree that Wages are subject to negotiations each fiscal year and any mutually agreed upon article. Should either party desire to reopen or renegotiate this agreement for the fiscal year the said party shall notify the other party in writing no later than May 01 for that fiscal year.

31.2

(A) This Agreement, upon ratification, supersedes and cancels all prior agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term.

(B) The parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

(C) Nothing herein shall preclude CCSO or the FOP from mutually agreeing to alter, amend, supplement, delete, enlarge, or modify any of the provisions of this Agreement in writing.

(D) Nothing in this Agreement shall require the payment of any monetary increases including merit step increases and Cost of Living Increases after the expiration of this Agreement.

31.3 -Memorandum of Understanding/Settlements

The Parties recognize that during the term of this Agreement situations may arise which require that terms and conditions not specifically and clearly set forth in the Agreement must be clarified or amended. Under such circumstances, the FOP is specifically authorized by bargaining unit employees to enter into the settlement of grievance disputes or memorandum of understanding that clarifies or amends this Agreement, without having to be ratified by bargaining unit members.

SIGNATURE PAGE FOR CIVILIAN UNION CONTRACT YEAR 2011-2012 Dated: C) <::-1 eXt ;Lo ( \ TO BE EFFECTIVE October 1, 2011

I

SHERIFF OF CHARLOTTE COUNTY:

" ·P" . - .,--.. ,....\ ).,0.£ Ce-----·········

Bill Cameron, Sheriff

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MEMORANDUM OF UNDERSTANDING

The Sheriff of Charlotte County, Florida, hereinafter called "Sheriff' and the Fraternal order of Police, hereinafter called "FOP" agree to the fallowing:

The Sheriff and the FOP agree that the Insurance Article 26 of the Civilian Contract shall be amended as follows:

Insurance ARTICLE 26

The cost of the health insurance premiums far benefit year October I, 20II to October I, 20I2 shall be paid I 00% by the Sheriff in exchange for the Sheriff Office making benefit changes to the following ancillary coverage's:

I. The current dental plan -offering a base plan with buy up option 2. The cwTent vision plan- offer a direct reimbursement plan 3. Terminate the Long Term Disability Plan.

rjt Dated: September~ 20 II to be effective October I, 2011

FOR THE SHERIFF OTTE COUNTY

--~~..1- -- ---~-~~------------------

Pay Schedule_Civ Page 1 of 3 10/20/2011

MEMORANDUM OF UNDERSTANDING

The Sheriff of Charlotte County, Florida, hereinafter called "Sheriff' and the Fraternal order of Police, hereinafter called "FOP" agree to the following:

The Sheriff and the FOP agree that the Bereavement Leave Article 9 of the Civilian Contract shall be amended as follows:

ARTICLE9 BEREAVEMENT LEAVE

9.1 In the event of a death in the immediate family, a member will be granted administrative absence with pay. The maximum time allowed is five (5) consecutive days. If the member attends an out of state funeral, the maximum time allowed will be seven (7) consecutive days. Immediate family is defined as mother, father, child, step-child, step-parent, grandparent, grandparent-in law grandchild, niece and nephew, brother and sister, husband, wife, mother in law, father in law, brother in-law and sister-in law Maximum of twice in a calendar year.

9 .2. The first two Bereavement Leave events shall not be charged to vacation or sick leave.

9.3 In the event that a member experiences the loss of more than two family members during the calendar year, they shall be allowed to take available accrued vacation, compensatory, personal or banked holiday hours to attend the funeral in accordance with the time allowances set forth in Section 9 .1.

9.4 In a financial emergency to cover funeral expenses, the member may request payment for one week of accrued vacation leave. This may be done once in a twelve month period. Funeral expenses in this provision only apply to those expenses related to a member's father, mother, spouse or the natural/ adopted child.

~1\-ll# Dated~ary

v9f!•l--_b__, 2012 to be effectiv~h __ l_2012

FOR THE SHERIFF OF CHARLOTTE COUNTY

________ &~---~: ___________ _ L ORDER OF POLICE

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