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Backup Documents 06/10/2014 Item #16E 2 ORIGINAL DOCUMENTS CHECKLIST &.O ROUTING S It TO ACCOMPANY ALILRIGINAL DOCUMENTS SENT C� L THE BOARD OF COUNTY-COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. E '*.ROUTIN SLIP Complete routing lines#1 through#2 as appropriate for additi G{ onal signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 6/10/14 4. BCC Office Board of County '� N /�� � Commissioners ( (Al31z\ 5. Minutes and Records Clerk of Court's Office (e(131111. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Scott R.Te ch,Deputy County Attorney Phone Number 252-8400 Contact/ Department Agenda Date Item was 6/10/14 Agenda Item Number 16-E-2 Approved by the BCC Type of Document Collective Bargaining Agreement Number of Original Two originals Attached Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/10/14 and all changes made during the SRT meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the SRT BCC,all changes directed by the BCC have been made,and the document is ready fo he 7+04-t&P& Chairman's signature. S Please provide copies to Alan McLaughlin, Fire Chief, and Dan Summers, Emergency Services crA"t,7ersc�►►� I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16E2 MEMORANDUM Date: June 17, 2014 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Collective Bargaining Agreement between Collier County and Professional Firefighters of the Everglades International Association of Firefighters Local 3670 Attached is an original copy of the agreement referenced above, (Item #16E2) approved by the Board of County Commissioners on Tuesday, June 10, 2014. The second original agreement will be held in the Minutes and Records Department for the Official Record and per your request copies have been provided to Immokalee Fire Chief Alan McLaughlin and Director of Collier County's Emergency Services, Dan Summers. If I can be of any further assistance, please feel to call me at 252-8406. Thank you. Attachment 16E2 MEMORANDUM Date: June 17, 2014 To: Dan Summers, Director of Emergency Services Bureau of Emergency Services & Emergency Management From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Collective Bargaining Agreement between Collier County and Professional Firefighters of the Everglades International Association of Firefighters Local 3670 Attached for your records is a copy of the agreement referenced above, (Item #16E2) approved by the Board of County Commissioners at their meeting held June 10, 2014. If you have any questions, please feel free to call me at 252-8406. Thank you. Attachment 16E2 MEMORANDUM Date: June 18, 2014 To: Alan McLaughlin, Fire Chief Ochopee Fire Control District From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Collective Bargaining Agreement between Collier County and the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670 Attached for your records is a certified copy of the document referenced above, (Item #16E2) approved by the Board of County Commissioners June 10, 2014. The original agreement will be held in the Minutes and Records Department with the Official Records of the Board If I can be of any further assistance, please feel to call me at 252-8406. Thank you. Attachment 16E2 COLLECTIVE BARGAINING AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND PROFESSIONAL FIREFIGHTERS OF THE EVERGLADES INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3670 Effective JUNE 10,2014 0 16E2 TABLE OF CONTENTS Page# ARTICLE 1: PREAMBLE 4 ARTICLE 2: RECOGNITION 5 ARTICLE 3: MANAGEMENT RIGHTS 6 ARTICLE 4: STRIKE PROHIBITION AND WORK REQUIREMENTS 8 ARTICLE 5: NON DISCRIMINATION AND EMPLOYEE RIGHTS 9 ARTICLE 6: DUES DEDUCTION 10 ARTICLE 7: UNION ACTIVITY 13 ARTICLE 8: UNION BUSINESS 14 ARTICLE 9: BULLETIN BOARD SPACE 15 ARTICLE 10: EMPLOYEE STATUS 16 ARTICLE 11: WORK PERIOD AND OVERTIME COMPENSATION 17 ARTICLE 12: SENIORITY 18 ARTICLE 13: PROMOTIONS 19 ARTICLE 14: ASSIGNM ENT DURING DISABILITY (Restricted Duty) 21 ARTICLE 15: DISCIPLINE AND DISCHARGE 22 ARTICLE 16: GRIEVANCE AND ARBITRATION PROCEDURE 23 ARTICLE 17: PERSONNEL REDUCTION 29 ARTICLE 18: OUTSIDE EMPLOYMENT 30 ARTICLE 19: SICK LEAVE 31 CP 2 16E2 TABLE OF CONTENTS (CONT'D) Page# ARTICLE 20: BEREAVEMENT LEAVE 34 ARTICLE 21: JURY DUTY AND COURT APPEARANCES 35 ARTICLE 22: MILITARY LEAVE 36 ARTICLE 23: PART-TIME EMPLOYEES 37 ARTICLE 24: HEALTH BENEFITS 38 ARTICLE 25: LIFE INSURANCE 39 ARTICLE 26: PENSION PLAN 40 ARTICLE 27: HEALTH AND SAFETY 41 ARTICLE 28: SALARIES 43 ARTICLE 29: SHIFT EXCHANGE 44 ARTICLE 30: WORKING OUT OF CLASSIFICATION 46 ARTICLE 31: UNIFORMS AND EQUIPMENT 47 ARTICLE 32: EDUCATIONAL DIFFERENTIAL 49 ARTICLE 33: PARKING 50 ARTICLE 34: VACATION LEAVE 51 ARTICLE 35: SAVINGS CLAUSE 53 ARTICLE 36: ALCOHOL AND DRUG TESTING 54 ARTICLE 37: DURATION 56 ARTICLE 38: HOLIDAYS 57 ARTICLE 39: MEDIC RESCUE 58 3 pc 16 E ARTICLE 1 PREAMBLE Section 1.1 This Agreement is entered into by and between Ochopee Fire Control District, a dependent taxing district, whose governing board is the Board of County Commissioners of Collier County, Florida, (hereinafter referred to either as the "Employer" or the "County") and the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670, (hereinafter referred to as the "Union"). It is the purpose of this agreement to achieve and maintain harmonious relations between the Employer and the Union; to provide for equitable and peaceful adjustment of differences that may arise under this Agreement and to establish wages, hours, and other conditions of employment. 4 (AT 16E2 ARTICLE 2 RECOGNITION Section 2.1 The County hereby recognizes the Union as the exclusive bargaining agent for all employees of the Fire Department as certified by the Public Employees Relations Commission, Certification #1138, OR-96-002. The appropriate bargaining unit is comprised as follows: INCLUDED: All employees of the Ochopee Fire Control District occupying the classifications of firefighter and lieutenant. EXCLUDED: All other employees of the Ochopee Fire Control District. 5 cq 16E2 ARTICLE 3 MANAGEMENT RIGHTS Section 3.1 Except as otherwise provided in this Agreement, the management of the Ochopee Fire Control District and the direction of its work force, including but not limited to the exclusive rights to determine whether all or any part of the operations covered by this Agreement shall commence, cease, continue, reduce or increase; to remove the operation or any part thereof to any location; to establish new jobs; to abolish or change existing jobs; to increase or decrease the number of jobs or employees; to change materials, processes, products, service, equipment, work schedules and methods of operation; to introduce new materials, equipment, services or facilities; to assign work to be performed; to assign or reassign employees to shifts, create or abolish shifts and rotate shifts; to require employees to work overtime; to establish and change hiring procedures; to set the work schedules; to transfer employees from job to job or shift to shift, either on a permanent or temporary basis; to evaluate and direct the work of the employees covered by this Agreement; to maintain, enforce, rescind or change County policies, procedures, rules of conduct, orders, practices, directives and other operational procedures, policies and guides not inconsistent with this Agreement; to establish the standards of conduct and work of employees; to establish or change operational standards; to determine the services to be provided by the County; to discipline or discharge employees for just cause; to lay off employees from duty for lack of work or for other operational reasons; to establish requirements for employment; to promote and demote employees and to have complete authority to exercise those rights and powers incidental necessary for the orderly and efficient operation of the District, shall be vested exclusively in the County. The Employer's failure to exercise any right hereby reserved to it or its exercising any right in a particular way shall not be deemed a waiver of its right to exercise such right nor preclude the Employer from exercising the same right in some other way not in conflict with the express provisions of this Agreement. Section 3.2 There shall be complete recognition of the right, responsibilities and prerogative of County management under this Agreement. This Agreement shall be so construed that there shall be no diminution or interference with such rights, responsibilities and prerogatives, except as expressly modified or limited by this Agreement. 6 16E2 Section 3.3 If, in the sole discretion of the County Manager, it is determined that a civil emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions or other catastrophes, the provisions of this Agreement may be suspended by the County Manager during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. Section 3.4 It is understood by the parties that every incidental duty connected with the operations enumerated in job descriptions is not always specifically described and employees, at the discretion of management, may be required to perform other jobs related to public safety functions not specifically contained in their job description. Section 3.5 Delivery of County services in the most efficient, effective and courteous manner is of paramount importance. Accordingly, the Union agrees that it will instruct its members to work diligently in order that the services performed meet the above standards. Section 3.6 Those inherent managerial functions, prerogatives and policy-making rights which the Employer has not expressly modified or restricted by a specific provision of this Agreement are not in any way subject to the grievance and/or arbitration procedure contained herein. Section 3.7 This Article does not remove the right of the Union to request impact bargaining on any management decision that is a mandatory subject of bargaining, as long as the Union's request is in writing. Any such request must be made within ten (10) calendar days of notice of such change to the Union, or, if no notice is given, within ten (10) calendar days of when the Union should have upon the exercise of due diligence become aware of such change. 7 r' 16E2 ARTICLE 4 STRIKE PROHIBITION AND WORK REQUIREMENTS Section 4.1 The Union and bargaining unit members do not assert and will not assert or advocate any right to engage in any concerted work stoppage, slow down or strike, or to withhold services or otherwise hinder the County's operations. Each employee who holds a position with the Union occupies also a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition of Section 447.505, Florida Statutes and the Constitution of the State of Florida, Article 1, Section 6. Section 4.2 Any and all employees who engage in a strike or in any violation of the strike prohibition under the Florida Constitution or Chapter 447, Florida Statutes, or this Article shall be disciplined, up to and including discharge, by the County, and any such action by the County shall not be grievable or arbitrable under the provisions of Article 16 - Grievance and Arbitration Procedure, except to determine if the employee engaged in a violation of this Article. There shall be no lockout by management during the term of this Agreement. 8 v� 16E2 ARTICLE 5 NON-DISCRIMINATION AND EMPLOYEE RIGHTS Section 5.1 Neither the County nor the Union shall discriminate against any employee covered by this Agreement because of Union membership or non-membership. Section 5.2 Employee rights as provided by local, state and/or federal law are hereby preserved; provided that allegations of discrimination based on race, sex, religion, national origin, disability, age or color will be resolved in the appropriate court or administrative agency and not under Article 16, the Grievance and Arbitration Procedure. 0 9 16E2 ARTICLE 6 DUES DEDUCTION Section 6.1 The County shall deduct from the pay of all Union members who authorize such deduction, the monthly dues payable to the Union. The County reserves the right to bill the Union for the initial setup cost of dues deduction if the Clerk of the Court charges the County for this service in an amount not to exceed Seventy Five ($75) Dollars. Section 6.2 Payroll deduction shall be accomplished each period of each month. The County will only be responsible for deducting dues associated with the 26 paycheck schedule. There is no obligation for the County to deduct dues from specially prepared checks, such as early vacation pay. Currently the dues amount to be deducted every pay period is twenty-five dollars ($25.00). Section 6.3 Employees desiring the dues deduction shall authorize it by completing an appropriate form prescribed by the County. The form is attached hereto as Exhibit 1. Section 6.4 The Union agrees to indemnify the County, and hold it harmless, from and against any liability, real or asserted, of any kind or nature whatsoever, to any person or party, on account of the County's compliance or efforts to comply with this Article. The County has no obligation to inform employees of the amount of Union dues or change of such dues. Section 6.5 It shall be the Union's obligation to keep the County at all times informed, by certification by the Secretary/Treasurer of the Union, of the amount of the uniform dues. Dues will only be deducted for employees who comply with Section 1 of this Article and who authorize deduction of dues by executing Exhibit 1. 10 CA 16E2 Section 6.6 The County's monthly transmission of dues money to the Union will be accompanied by a list of names of employees affected, and the amount transmitted with regard to each. Section 6.7 The County will not deduct or transmit to the Union at any time any monies representing fines, fees, penalties, or special assessments. Section 6.8 The obligation to commence making deductions on account of any particular authorization shall become effective with respect to the calendar month following the month in which the authorization is received, provided it is received on or before the 20th of the month by the County. Section 6.9 Any employee may withdraw from membership in the Union at any time upon 30 days written notice to the County and the Union. Upon receipt of such notification, the County shall terminate dues as soon as practical. 11 CA > w 16E2 ARTICLE 6 -- EXHIBIT 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZATION FOR PAYROLL DEDUCTION OF UNION DUES I hereby authorize the Collier County Board of County Commissioners, or its agents, to deduct from my earnings, the regular monthly dues (uniform in dollar amount) in the amount certified by the Treasurer of Local 3670/I.A.F.F., Inc., and further authorize the remittance of such amounts to said local Union in accordance with the currently effective Agreement between the County and the Union. This authorization is revocable by a notice in writing to the Collier County Board of County Commissioners and to the Union. I hereby waive all rights and claims for said monies so deducted and transmitted in accordance with this authorization and, further and separately, relieve the County and any agent of the County from liability therefore. NAME DATE SOCIAL SECURITY NUMBER SIGNATURE AUTHORIZATION TO STOP PAYROLL DEDUCTION OF UNION DUES I hereby authorize the Collier County Board of County Commissioners, or its agent, to stop deducting the sum that was designated and current by the Treasurer of Local 3670/I.A.F.F., Inc. from my wages. NAME DATE SOCIAL SECURITY NUMBER SIGNATURE 12 16E2 ARTICLE 7 UNION ACTIVITY Section 7.1 There shall be no discrimination, interference, restraint, or coercion by the Employer against any employee for his activity on behalf of, or membership in, the Union. Nor shall there be any discrimination, interference, restraint, or coercion by the Union or any Union member against any employee because of that employee's refusal to join the Union or participate in Union activity. 13 0 16E2 ARTICLE 8 UNION BUSINESS Section 8.1 Meetings mutually set by the Employer and Union shall be set so as not to interfere with the Union spokesperson's work schedule. To this end, meetings will be scheduled during the Union spokesperson's off-duty hours unless this is mutually agreed to be impossible. Section 8.2 Union members shall be allowed to hold meetings at Fire Stations after 1900 hours provided such meetings do not interfere with training or any scheduled activities of the Department. 14 ��o 1b E2 ARTICLE 9 BULLETIN BOARD SPACE Section 9.1 The Union may provide a bulletin board at its expense and the Employer restricts its use to notice of Union meetings/activities and meeting minutes. No political notices shall be displayed. A copy of all notices to be posted will be provided prior to posting to the Fire Chief or his designee. 15 J4v 16E2 ARTICLE 10 EMPLOYEE STATUS Section 10.1 The Employer shall maintain and post annually a current seniority list. This list shall be used whenever called for by specific articles and sections of this agreement and in such other cases as may be agreed upon by the Employer and the Union. Once this list is received, the Union has five (5) business days to raise any issues as to the correctness of the list. Otherwise, the list will be accepted as correct for all purposes. 16 16E2 ARTICLE 11 WORK PERIOD AND OVERTIME COMPENSATION Section 11.1 This Article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime compensation. Employees in the classifications Firefighter and Lieutenant Firefighter shall work one of the following regular schedules: A. Twenty-four (24) hours on duty followed by forty-eight (48) hours off duty in a repeating rotating schedule. B. If any other shifts are started other than as set forth above, the County will advise the Union and, upon request, negotiate over the new shifts prior to the implementation. C. Nothing in this article shall be interpreted as a guarantee of any number of hours of work per day or per week. Section 11.2 Overtime will be paid in accordance with the Fair Labor Standards Act. Section 11.3 Nothing in this Article or in this Agreement shall be interpreted as prohibiting or in any way restricting non-bargaining unit members from performing bargaining unit work. Section 11.4 The County has established a work period that shall begin at Saturday 0800 hours and end 14 days later on Saturday 0800 hours. During this period, bargaining unit members will be paid 115 straight time hours (106 regular time + 6 OT @ 1.5 = 115 straight time). Time and one-half the employees' regular straight-time rate will be paid when an individual works a shift/shifts beyond those that are regularly scheduled in the work period. Employees will be paid on the same pay cycle as other County employees. Section 11.5 Compensatory leave time may be authorized at the Employer's discretion to maintain shift status. Compensatory leave time shall be accrued at the rate of time and one-half for each hour worked. The Employer may not prohibit an Employee from using accrued compensatory leave time unless the time off would create a disruption in operations. All other rules governing the application of compensatory time shall be as set forth in CMA#5341(14), which is attached. 17 410 16E2 ARTICLE 12 SENIORITY Section 12.1 Seniority is defined as continuous service with the Ochopee Fire Control District and is that time actually spent on active payroll. The seniority date shall be an employee's last date of hire in the Ochopee Fire District. Prior service with Collier County Government or with any other public agency will not count except to the extent required by law. Employees with the same employment date shall be assigned to the seniority list by the lowest four digits of their social security number with the lowest number having greatest seniority. It is agreed that the seniority provisions of this Agreement shall not apply to employees who have not completed their probationary period; however, upon the satisfactory completion of his/her probationary period the employee will be entered on the seniority list as of the original date of hire. Section 12.2 The first six (6) months of employment with Ochopee Fire Control District shall be considered probation. An employee will be off probation and considered a regular full-time employee upon receipt of a "meets expectation or above" evaluation, which is performed after six (6) months of employment. Probation may be extended in three-month increments to achieve certifications required for employment. During the extension of probation, a person can be evaluated and made a regular employee at any time. During the probationary period, including any mutually agreed upon extension, the probationary employee is not entitled to utilize the grievance and arbitration procedure under Article 16 of this contract. Section 12.3 Break in Continuous Employment When there has been a break in continuous employment for thirty (30) days or more, except for any approved leave or a layoff, the affected employee, upon reinstatement or re- employment, will be considered a new employee for all purposes under this contract. 18 16E2 ARTICLE 13 PROMOTIONS Section 13.1 Promotions are offered in an effort to recognize and reward an employee for acceptance of increased responsibilities. A promotion occurs as a result of a competitive process for a vacant position. Ochopee department employees who meet the minimum requirements established in the position classification and successfully complete the promotional testing process will be given first consideration in filling the vacancy. Upon promotion to a classification with a higher pay grade, the employee shall receive up to a 10 percent (10%) pay increase or the base salary of the new position, whichever is greater, pursuant to County CMA #5341 (attached). Section 13.2 Any time an employee accepts a promotion to any position within the District, that employee shall be on probation for the first six months in the new position. At any time during the six-month probationary period, the employee may be demoted without recourse provided the employee is returned to the employee's prior job classification without loss of seniority, as soon as an opening permits. A demoted employee will be paid at the rate the employee would have received had he/she not been promoted. The demoted employee will be provided a written explanation as to why he or she was demoted. Section 13.2 In order to get promoted from firefighter to lieutenant, you must be on the OFCD acting officer in charge list. This OFCD acting officer in charge list lasts indefinitely and can be tested from when the employee becomes eligible. In order to be eligible to take the test, you must have worked for OFCD for at least the last five (5) consecutive years as a full time employee, must possess a current State Fire Officer 1 certificate and/or an Associate Degree in Fire Sciences. Whenever a lieutenant's position becomes available, the only personnel eligible to test for that position are the personnel already on the OFCD acting in charge list. If there is only one OFCD employee on the list, the position automatically goes to that employee with no test necessary. Promotional testing (separate from OFCD acting office in charge testing) will take place only when there is a promotional opening and there will be no list for future promotions. In the event that the newly promoted Lieutenant does not pass the probationary period, the individual with the next highest qualifying score will be awarded the position and so on. Promotional testing will consist of an oral testing board and a written exam. The written exam will consist of one hundred (100) questions from the current IFSTA company officer book and fifty (50) questions from the OFCD policy/SOGs. The test will be changed for each promotional testing cycle so as not to give advantage to anyone who has taken it previously. In 19 16E2 addition to the internal testing representatives, no less than two (2) officers from an outside agency of Captain's rank or higher will be on the oral testing board. The current list for promotions will remain in effect until December 31, 2014. 20 0 16E2 ARTICLE 14 ASSIGNMENT DURING DISABILITY (Restricted Duty) Section 14.1 Any member of the bargaining unit that is unable to work shall receive compensation consistent with Workers' Compensation Laws, Federal Laws, and Disability Insurance. A bargaining unit member may be assigned to a restricted duty position, due to a temporary disability and, if so, shall be assigned a duty schedule consistent with the physician order and be compensated as if they worked their regular shift schedule regardless of the actual hours worked as long as there are accumulated leave hours banked to cover any nonproductive time. If assigned to temporary duty, accumulated leave will be utilized to maintain the bargaining unit member's normal salary. Compensation and fringe benefits will be paid in accordance with the normal gross weekly wage of their regular position. The Employer may coordinate such payment of compensation with applicable Workers' Compensation Laws, Federal Laws, Disability Insurance, and other sources that contribute to or govern the payment of compensation. In no case shall such an employee receive compensation, which shall exceed their normal compensation nor shall the Employer extend such restricted duty assignment, if provided, beyond the date of maximum medical improvement. Temporarily disabled employees both due to disabilities occurring on or off duty, shall return to temporary duties, if offered, or full time normal duties, subject to such release by their treating physician. The Employer reserves the right to seek an independent medical opinion as it deems necessary with the cost of such independent medical examination to be borne by the Employer. Nothing in this section shall be construed to prevent or limit the Employer in determining the type of temporary duty assignment or the number of hours per day or week for such assignment consistent with medical limitations. An employee under such temporary restricted duty assignment shall continue to be responsible for the payment of their employee contribution, if any, under the County's group insurance program. 21 16E2 ARTICLE 15 DISCIPLINE AND DISCHARGE Section 15.1 All matters of discipline involving any employee covered by this Agreement shall be governed by the Collier County Human Resources Administrative Practices and Procedures Manual, County Manager's Agency Instruction 5351 (CMA #5351)—Discipline (attached), as amended from time to time, and shall not be subject to the Grievance and Arbitration Procedure (Article 16) contained in this Agreement. 22 III 16E2 ARTICLE 16 GRIEVANCE AND ARBITRATION PROCEDURE Section 16.1 In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the parties arising from any alleged violation of a specific term of this Agreement. Section 16.2 Definition: For the purpose of this Agreement, a grievance is defined as a dispute, claim or complaint that any employee or group of employees may have as to the interpretation, application, and/or alleged violation of some express provision of this Agreement which is subject to the Grievance Procedure. Section 16.3 Nothing in this Agreement shall be construed to prevent any employee from presenting, at any time, his/her own grievance in person or by a representative to the Employer and having such grievances adjusted without the intervention of the bargaining agent; provided the adjustment is not inconsistent with the terms of this Agreement and a Union Steward is given the opportunity to be present at any meeting, if held, and provided further that any scheduled meeting, if any, will not be delayed for more than twenty-four hours to allow for the presence of a steward. The Union will be notified by the Employer of the disposition of the grievance within ten (10) working days of the decision. If the grievant requests Union representation, the grievant will notify the Employer. It is the responsibility of the grievant to notify the Union of any meeting called for the resolution of grievances, whether or not the employee desires to be represented by the Union. Section 16.4 A. Every reasonable 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 his/her grievance. B. The Union will not be required to process grievances for employees who are not members of the Union. C. The commencing of legal proceedings against the County in a court of law or equity, or before the Public Employee Relations Commission, or any other administrative agency for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of remedy and shall be deemed a waiver by said employee or the Union of its/their right to resort to the grievance and arbitration procedure contained in this Article. 23 C--, 16E2 Section 16.5 All grievances, as outlined above, must be in writing and must contain the following information: (1) Article and Section of the Agreement alleged to have been violated; (2) A statement of the grievance, giving facts, dates and times of events, and specific violations with the remedy or adjustment desired; (3) Signature of aggrieved employee and date signed; and (4) Signature of the Union representative (must be a designated official or steward) if the grievant requests Union representation and is a Union member. Any grievance not containing the information set forth above or not timely submitted may be processed through the grievance procedure, but shall not be subject to arbitration absent the mutual consent of the parties. The grievance must be submitted and completed in full as set forth in Exhibit 2 of this Agreement. Section 16.6 Grievances shall be processed in accordance with the following procedures: STEP 1: The grievant shall present in writing his/her grievance to the Fire Chief or designee within fourteen (14) calendar days of the occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most effective manner. The Fire Chief or designee shall reach a decision and communicate in writing to the grievant within fourteen (14) calendar days from the date the grievance was presented to him/her. Failure of the Fire Chief or designee 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 grievant does not settle his/her grievance in Step 1, the grievant, within fourteen (14) calendar days after the response is received at Step 1 of the Grievance Procedure, may present it to the Bureau of Emergency Services Department Director, or his/her designee. The Director or his/her designee shall investigate the alleged grievance as appropriate and may, within fourteen (14) calendar days of receipt of the written grievance, conduct an informal hearing or meeting between him/herself, the grievant, and others as necessary. The Director or his/her designee shall notify the aggrieved employee in writing of the decision not later than fourteen (14) calendar days following the conclusion of the investigation and/or hearing of the grievance in Step 2. Failure of the Director to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 3. STEP 3: If a grievance, as defined in Section 16.5 of this Article, has not been satisfactorily resolved within the grievance procedures, the grievant may, within fourteen (14) calendar days after the response is received at Step 2 of the Grievance Procedure, request a panel of seven arbitrators from the Federal Mediation and Conciliation Service. A copy of the written request will be provided to the Director. 24 16E2 Section 16.7 Upon receipt of the list, an arbitrator shall be selected from such panel by alternately striking names from this list(the grievant shall strike first) until the last name is reached. Section 16.8 The following general rules are applicable to this Article: A. The Union or employee 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 County 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 1 without the written consent of the Director. 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 wage scales, rates of pay for new jobs, or to change any wage, except if he is specifically empowered to do so by both parties. E. The arbitrator shall have only the power to rule on grievances arising under this Agreement, as defined under Section 16.2 and which comply with the requirements of Section 16.4 (A) and (C), Section 16.5 and the time limits established by this Article. F. The arbitrator shall determine each dispute in accordance with the terms 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 grievance under Section 16.5. G. The arbitrator shall not receive into evidence nor rely upon any past practices that occurred prior to the date of execution of this Agreement. H. The arbitrator, from any back pay award, shall deduct any unemployment compensation received by the grievant. I. The arbitrator's sole authority with regard to monetary awards is the award of back pay. No interest, costs or other damages of any type whatsoever may be awarded. Back pay may be awarded for the time prior to the date of filing of the grievance, up to but no more than one (1)pay period prior to the filing of the grievance. J. Only grievances based on events or occurrences, which occur after the date of the execution of the Agreement can be processed under this Article. 25 16E2 Section 16.9 There shall be no appeal from the arbitrator's decision; it shall be final and binding on the Union and on all bargaining unit employees and, after final approval by the Board of County Commissioners, on the County; provided, however, 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. Section 16.10 The costs for the arbitrator fees and expenses shall be borne equally by the parties. Expenses for witnesses, attorneys and requested transcripts shall be borne solely by the party requesting and/or utilizing them. Transcripts, if recorded by a court reporter, may only be obtained directly from a court reporter. 26 16E2 EXHIBIT 2 IAFF LOCAL 3670 GRIEVANCE PROCEDURE I, (Last Name) (First Name) (Middle Name) (Class/Rank) submits the following grievance which took place on (Date/Time of Day) at against (Location) (Name) Article(s) and Section(s) of the Labor Agreement alleged to have been violated Statement of Grievance: Date, Details, and Facts upon which grievance is based: Remedy or Solution requested: (Signature of Employee) (Date) 27 ("0"-r) 16E2 Step 1) Discussion of Grievance with Fire Chief: Resolved ❑ Unresolved ❑ Date: Submitted to Step 2 - Date: Step 2) Discussion of Grievance with Emergency Services Director Resolved [ Unresolved ❑ Date: Submitted to Step 3 - Date: Step 3) Arbitration Panel from the Federal Mediation and Conciliation Service: Date: 28 y�J; 16E2 ARTICLE 17 PERSONNEL REDUCTION Section 17.1 In the event of a reduction in force, the County will consider a number of relevant factors in determining selections for layoff, with the public interest to be of prime importance. Factors to be considered include, but are not limited to: A. The average rating on the performance evaluations for the last 3 years; B. Conduct/disciplinary record for the last 3 years; C. Attendance record for the last 3 years; and D. Seniority within classification. As between two employees in the bargaining unit, if the County in its sole discretion determines factors A, B and C are relatively equal at the time of layoff, then seniority shall prevail. Section 17.2 Recall will be in reverse order of layoffs. No new bargaining unit employees will be hired by the County until all members of the bargaining unit who were laid off in the prior 6 months are offered recall. Within three (3) work days of a certified receipt date, laid off employees must signify in writing, their intention of returning to work, to the Chief or his designee. Failure to respond to the notice within the prescribed time limits previously stated shall constitute a resignation by the employee. 29 n--N■ 16E2 ARTICLE 18 OUTSIDE EMPLOYMENT Section 18.1 Employees shall at all times bear in mind that they are seen by the general public, while off duty as well as on duty, as personnel of the County and shall at all times conduct themselves in a professional manner. Section 18.2 Employees accepting employment with any other employer while employed by the County shall do so only so long as the employment is not a conflict of interest. In such instances, the employee's primary obligation shall continue to be to the County and he/she shall arrange his/her affairs accordingly. Before accepting outside employment of any kind, the employee must give a written notification to the Fire Chief, and follow the County CMA #5380 (attached) procedures for requesting outside employment. Outside employment must not prevent the employee from being mentally and physically able to work when the employee reports for duty with the County. 30 16E2 ARTICLE 19 SICK LEAVE Section 19.1 A. Eligibility All regular and probationary employees shall be entitled to accrue and use accumulated sick leave with pay from the date of hire. Under no circumstances shall temporary or other non- regular employees be eligible under this provision. B. Accrual of Sick Leave 1. Regular employees hired after September 30, 1993, shall accrue 5.17 hours of sick leave per bi-weekly work period 2. Regular employees hired on or before September 30, 1993, shall accrue 6.47 hours of sick leave per bi-weekly-work period. 3. Employees may accrue an unlimited number of sick leave hours throughout their County career. 4. Employees hired from Constitutional Officer agencies without a break in continuous service, or a break in service of less than 30 days, may transfer their accumulated sick time. The date of hire with the Constitutional Officer Agency shall determine the accrual rate. 5. Temporary or seasonal employees do not receive sick leave accrual nor does their temporary employment count toward years of service. 6. Sick leave shall be accrued on regular hours worked, earned annual leave taken, earned sick hours taken, holiday hours,jury duty and military leave. 7. Leave without pay and overtime hours are excluded from sick leave accrual. C. Use of Sick Leave 1. The minimum charge for sick leave shall be in thirty(30) minute units. 2. Sick leave may be granted for the following purposes: a. Personal illness or injury. b. Appointments with medical, dental, or other recognized practitioners for consultation or treatment of the employee. c. Serious illness and/or disability in the employee's immediate family, for up to five (5) days for any one incident. (Note: Immediate family is defined as: spouse, mother, father, brother, sister, or children.) 31 `90) 16E2 d. Disabilities arising out of pregnancy, childbirth, and recovery there from shall be treated as other temporary, non job connected disabilities in terms of eligibility for sick leave, vacation, or leave of absence. D. Notification and Proof of Illness 1. The employee or his/her representative shall be responsible for notifying the Lieutenant before work or within the first hour of the employee's normal workday on each day of absence. Failure to provide timely notice may be cause for denial of sick leave pay for the period of time. 2. The Fire Chief or designee is responsible for determining that sick leave is properly authorized and used in accordance with these rules. 3. The Fire Chief or his designee may require proof of illness at any time, whether for the employee of his/her immediate family, when there is a pattern or practice of sick leave usage or when there is a basis to form a reasonable suspicion that sick leave is being abused. 4. When an employee has had an illness which requires hospitalization or results in absence from work for more than two (2)_consecutive shifts, the employee shall provide a doctor's certificate stating that the employee may return to work to be eligible for sick leave pay. 5. In cases of accident or injury, a medical leave may be granted without prior notice. If the leave is due to an accident that happens at work, the Department Director must notify the Human Resources Department and the Risk Management Department immediately. 6. An employee is generally required to first use all accrued sick leave, then, if approved by the Fire Chief or designee vacation leave, when out on leave for medical reasons. E. Sick Leave Pay Upon Termination: Sick Leave will be paid in accordance with CMA 5360—Leaves of Absence. F. Attendance Incentive Plan 1. The Attendance Incentive Plan is designed to reward regular full and regular part time employees with good attendance records, on an annual basis, by permitting them to convert a portion of their accrued, unused sick leave to vacation and/or pay. 2. For administrative purposes, the attendance record of each employee is reviewed by the Human Resources Department on an annual basis from January 1 to the end of the last pay period of the calendar year. The attendance incentive will be tabulated by using the leave report provided by the Payroll Department. To be eligible for the incentive, an employee must have completed one (1) full year of employment on December 31. 3. The conversion of sick leave shall be in accordance with the following 32 C.,10\ .,1/1 16E2 schedule: Sick Leave Used During Year Incentive None used - Perfect Attendance Convert 3 days sick leave to vacation or convert 3 days sick leave to one day vacation and two day's pay. 1 day or less used (normal workday) Convert 2 days to vacation. 2 days or less used (normal workday) Convert 1 day to annual vacation. More than 2 days used (normal workday) No hours may be converted. 4. Employees who do not wish to convert unused sick leave may continue the accrued hours in their sick leave account provided the Human Resources Department is advised of this choice in writing. 5. Employee participation in the leave bank program will not impact their eligibility for the Attendance Incentive Program. G. Sick Leave Bank 1. A member does not need to deplete his/her vacation accrual in order to receive hours from the Leave Bank. 2. An employee must be a Sick Leave Bank member for at least six months in order to apply for supplemental hours. 3. An employee must apply and be approved for Short Term Disability benefits in order to receive hours from the Leave Bank. 4. If approved, the employee will receive Short Term Disability benefits and the Leave Bank will supplement those benefits in an amount equal to 26 hours per pay work period. 5. If desired, an employee may supplement these benefits with vacation time. 6. Upon requesting hours from the Leave Bank, an employee may be required to provide an explanation of sick leave usage if he/she is a long term employee with little or no sick leave accrual or if he/she has consistently used sick leave as it was accrued and has never shown an intent to accumulate hours for future unforeseen circumstances that may require an extended leave. 7. Leave Bank hours will be granted for scheduled medical treatments that temporarily incapacitate an employee's ability to work a normal schedule. 33 16E2 ARTICLE 20 BEREAVEMENT LEAVE Section 20.1 A. In the event of a death to a member of an employee's immediate family, bereavement leave with pay shall be granted. This is a separate leave account and is not charged against any other leave account. Bereavement leave may be taken as one (1) 24-hour shift or up to two (2) 24 hour shifts for an out-of-state death or three (3) eight-hour days depending upon the circumstances. B. Bereavement leave is intended to be used for funeral arrangements and/or funeral activities, travel to and from the location of the funeral and time to attend the funeral. C. For purposes of this policy, family is defined as: husband, wife, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, children, foster children, step-parents, step-children, grandchildren, grandparents, aunt, uncle, or a close relative living with the employee. D. Additional days, if requested, may be granted to an employee and charged against the employee's accrued vacation or personal leave. Sick leave may not be used for bereavement. E. Each employee requesting and receiving paid bereavement leave may be required to furnish evidence of the name and relationship of the family member involved. Such evidence might include a physician's statement, death, certificate, newspaper report, etc. F. Leave for bereavement or to attend funerals other than those defined as family in this policy may be granted in accordance with the vacation policy. 34 16E2 ARTICLE 21 JURY DUTY AND COURT APPEARANCES Section 21.1 It is the practice of the County to provide paid time off for jury duty and court appearances to facilitate our employee's availability to meet civic responsibilities. A. An employee who is called for jury duty on a regularly scheduled workday shall be granted jury duty pay, upon presentation of a summons or subpoena. Any fees received for jury duty shall be returned to the County except for meals,travel, and lodging. B. An employee who is subpoenaed as a witness on a regularly scheduled work day not involving the employee's personal litigation shall be granted time off with pay, and any witness fees awarded shall be returned to the County. C. An employee who appears in Court as a witness, plaintiff, or defendant due to personal litigation or criminal charges shall be required to use vacation for any such absence from work. If vacation is not available, the employee may use leave without pay. The employee would not be eligible for reimbursement of any meals, lodging, or related travel expenses. D. An employee who is subpoenaed as a witness and/or appears in court as a result of County business shall be granted time off with pay, and any witness fees awarded, except for meals, travel, and lodging, shall be returned to the County. E. Employees required to attend Court on their day off as a result of County business shall be paid for their time, and any witness fees awarded, except for meals, travel, and lodging, shall be returned to the County. F. Employees who attend Court for only a portion of a regularly scheduled work day are required to report to their supervisor and return to work after being excused or released by the Court in order to be eligible for jury duty pay. G. In the event a County holiday occurs during the period of the jury duty, the employee shall receive pay for the holiday and not jury duty pay. 35 �C�J 16E2 ARTICLE 22 MILITARY LEAVE Section 22.1 A. Reserve and National Guard Training A regular full-time employee who is a member of the United States Armed Forces, Reserves or the National Guard, and who is ordered to engage in annual field training shall, upon presentation of a copy of official orders, be granted leave with pay to the extent required by state statute. An employee may not use any accrued vacation or personal leave while receiving paid military leave. Exceptions to the above may be approved by the Division Administrator. B. Recall to Active Military Duty Any regular full-time employee who is a member of an Armed Forces Reserve Unit or the National Guard, who is ordered to active duty will be granted a military leave of absence with pay for the first thirty (30) working days. Beyond this thirty(30) day period, the military leave of absence will continue, with the County providing a supplement to the military pay in an amount necessary to bring the total salary, inclusive of the base military pay; to the level earned at the time the employee was called to active duty, for the entire duration of the active duty service, not to exceed five years total. The County will continue to maintain the employee in full benefits status for the time frame specified above. C. Induction or Enlistment into Military Service Any regular full-time employee who enlists or is inducted into the armed services for active duty, shall be granted a military leave of absence without pay for the initial period of enlistment. All pay due the employee shall be paid at the time of the employee's separation from the County in accordance with applicable County policies. D. Reinstatement Upon discharge from active military service, an employee who wishes to return to County employment shall be reinstated in accordance with federal regulations applicable at the time of discharge. 36 16E2 ARTICLE 23 PART-TIME EMPLOYEES Section 23.1 The County reserves the right to hire and/or utilize part-time and/or temporary employees, or volunteers to perform bargaining unit work. These individuals will be used primarily to cover overtime requirements, cover for vacation and sick leave, or to otherwise supplement the regular employee compliment. A regular full-time position will not be replaced by a part-time employee, subject to available budgetary funds. The use of volunteers shall be as a complement and not a substitute to perform full-time bargaining unit work. Section 23.2 Temporary and part-time employees shall serve at the will of the County. Temporary and part-time employees shall not be covered by any Article of the contract unless the Article or Section specifically includes temporary or part-time employees. 37 `its 16E2 ARTICLE 24 HEALTH BENEFITS Section 24.1 Employees shall be eligible to participate in the Collier County Group Benefit Plan subject to the terms and conditions of the Plan as adopted by the Board of Commissioners effective January 1, 1997 and as may be amended by the Board of Commissioners from time to time. Employees shall also be subject to the same premium levels and payroll contribution requirements as may be adopted by the Board of Commissioners for non-union employees. The County agrees that, if there is any change in any benefits, premium levels, or payroll contribution requirements, those changes will be applicable to bargaining unit employees to the extent they are applicable to other non-exempt employees of the County. 38 16E2 ARTICLE 25 LIFE INSURANCE Section 25.1 The Employer shall provide group term life insurance protection for each Union member in an amount equal to two (2) times the annual salary of the Union member. The Employer shall pay 100% of the premium for this coverage. Terms and conditions of such coverage shall be governed by the insurance company issuing underwriting and coverage. There will be compliance with Florida Statute relative to death benefits. 39 16E2 ARTICLE 26 PENSION PLAN Section 26.1 During the term of this Agreement, eligible employees shall continue to participate in the Florida Retirement System. Section 26.2 The County will contribute as required by the provisions of the plan. Section 26.3 The County agrees to continue to provide employees an option to participate in the National Association of Counties (NACO) or the International City and County Management Association (ICMA) Deferred Compensation plans as currently offered. If either of both are stopped or modified for all other County employees, the same change will affect the bargaining unit. If an additional plan is offered to all other County employees, it will also be offered to the bargaining unit. • 40 16E2 ARTICLE 27 HEALTH AND SAFETY Section 27.1 The Employer agrees to provide reasonable standards of safety and health in the Fire Department in order to eliminate as much as possible: accidents, deaths, injuries, and illnesses in the fire service. Health and safety is a joint responsibility, therefore, employees must follow all safety standards. Section 27.2 There shall be a joint safety and health committee composed of an equal number of Employer and Union representatives. The Union representatives shall be selected by the Union. The roles and responsibilities of this committee shall be reviewed and approved by the County's Risk Management Director. The Committee shall not have authority to engage in collective bargaining. Section 27.3 The Employer shall furnish and thereafter maintain at no cost to the employee all respiratory apparatus, gloves, helmets, protective clothing and other protective equipment, such as personal alarm devices, and personal flotation devices, necessary to preserve and protect the safety and health of firefighters. Section 27.4 All protective clothing and equipment shall meet the standard, whether existing or promulgated during the term of this agreement, that provides minimum standards, if standards exist, (otherwise the County can provide the equipment of its choice) of worker protection from among federal, state, provincial or voluntary consensus standards. The Employer shall provide all employees with training in the safety and health problems of the work environment and the use and proper maintenance of protective equipment, protective clothing, respiratory apparatus and all other protective devices. The Employer agrees to provide a continuing program of safety and health for all employees to develop an ongoing safety awareness aptitude. In the event of the introduction of new technology or other changes in work processes, the employees affected shall be fully trained in all the health and safety aspects of the new procedure, work process or equipment. Section 27.5 Only personnel who have been trained and certified by the manufacturer or applicable Federal Agency shall be permitted to perform maintenance and/or repairs on self-contained breathing apparatus. 41 16E2 Section 27.6 The Employer will provide an Employee Assistance Program consistent with the program provided for all other County Emergency Services Personnel. 42 ,t:r} 16E2 ARTICLE 28 SALARIES Section 28.1 The Salary schedule set out below shall be a part of, and is subject to all the provisions of this Agreement. Classification Minimum Marketpoint Maximum Match Point Firefighter $15.1210 $17.7894 $22.2368 $19.5683 Fire Lieutenant $19.8557 $23.3597 $29.1996 $25.6957 Section 28.2 Performance based merit pay, general wage adjustments and COLA will be offered to qualifying members of the bargaining unit consistent with any annual increases as may be established by the County Manager for all County employees. Qualifying members of the Bargaining Unit will receive a 1% increase to their base pay effective upon approval of this Agreement by the County. Section 28.3 Qualifying members of the bargaining unit shall receive pay plan market adjustments based upon the annual wage and salary market survey conducted by the Human Resources Director and approved for implementation by the County Manager. Upon the mutual agreement of the Parties, if the Isle of Capri Fire & Rescue District is to receive a pay adjustment based upon an annual wage and salary market survey, Article 28 may be reopened for the limited purpose of addressing this issue. 43 � 1 C <ir ! 16E2 ARTICLE 29 SHIFT EXCHANGE Section 29.1 The trading of time between employees will be permitted in accordance with the following provisions: a) Employees with equal qualifications (defined as the same and/or similar certifications, training, years of experience, etc.) can exchange with each other within their rank and classification and are limited to five (5) shift exchanges within a thirty-day period with all exchanges repaid within 180 days. Shift exchanges for education/training may exceed this limitation if approved in advance by the Fire Chief or designee. b) All exchanges must be requested in writing on the Department shift exchange request form and approved or denied at the sole discretion of the-Fire Chief or designee. c) Employees are prohibited from paying another employee to work any portion of their shift. Only exchanges of time will be permitted. d) Shift exchange paybacks must be scheduled at the same time as an initial shift exchange or otherwise follows the procedures of this Article. e) No employee may be scheduled to be on duty as a result of a shift exchange for more than forty-eight(48) consecutive hours when assigned to the 24/48 schedule. f) Employees will be responsible for all record keeping of proper exchanges as permitted by the Fair Labor Standards Act. g) Shift exchanges for employees reporting late for work will not be permitted. h) An employee that enters into a shift exchange that causes the employee to leave work early in order to meet the trade or duty obligation at another station shall ensure that the units are staffed without any overtime pay obligation to the County. i) Exchange request shall be submitted to the Department five calendar days in advance of the requested initial exchange. 44 r 16E2 Except for the residual exchange provided in Section 30.1 (h), a shift exchange must be fully approved and signed by all the following in order, and placed on the roster prior to the substitution taking place. Exchange requests shall be submitted on the Department form 5 calendar days in advance of the requested exchange. STEPS FOR SIGNATURES AND APPROVAL: 1. The employee wishing the shift exchange. 2. The employee agreeing to the exchange. 3. The shift supervisor (currently the Lieutenant) for employee initiating shift exchange. 4. The shift supervisor (currently the Lieutenant) for employee agreeing to pay back shift exchange. 5. Last supervisor places shift exchange on roster. Section 29.2 An employee scheduled to work a shift exchange is not eligible for any type of paid leave. Section 29.3 In the event an employee scheduled to work for another does not report, the employee normally scheduled to work will be charged vacation leave or, if vacation leave is exhausted, will have his/her sick leave charged. Section 29.4 The Employer will not be responsible for any monetary loss incurred by any employee due to the failure of an employee to pay back shift exchange time for any reason. Employees owed shift exchanges must get exchanges paid back prior to the promotion of either employee involved in the shift exchange or forfeit the return exchange. 45 16E2 ARTICLE 30 WORKING OUT OF CLASSIFICATION Section 30.1 Should an employee be designated for a temporary assignment to perform work in a higher classification within the bargaining unit, the employee shall receive a separate differential of$1.51 per hour, not added to base pay, for all hours worked in the higher classification. This represents ten percent (10%) of a minimum firefighter salary as provided in Article 28. Upon completion of the temporary assignment, the differential pay will be discontinued. 46 16E2 ARTICLE 31 UNIFORMS AND EQUIPMENT Section 31.1 The County will furnish all new full-time and part-time employees in job classifications Firefighter and Lieutenants with uniforms and equipment in accordance with current policy. Section 31.2 The employees in the above classifications will be provided replacement of uniforms as deemed necessary by the Fire Chief: To receive the uniform replacements, the old uniforms and jump suit must be turned in. Section 31.3 Equipment damaged due to negligence or loss shall be replaced at the employee's expense. Section 31.4 Employees are required to wear these uniforms and report to work in a clean and neat appearance. The employee will be required to wear a plain white or Department issued gray crew neck t-shirt, black shoes or boots, and a black belt as a part of the issued uniform outlined in this Article. In addition, employees wearing low cut shoes will be required to wear solid dark blue or black socks. Employees must also report to work with a watch that contains a second counter and pens as required for paperwork. In extremely cold weather employees will be permitted to supplement their uniforms with long underwear (white or dark blue) and Department sweat shirt tops worn either under their uniform shirt as needed. The Department agrees to supply the equipment listed in this Section. Section 31.5 No jewelry of any type may be worn while on duty except for a wedding ring, wristwatch and/or medic alert bracelet. No other jewelry will be permitted. Permitted jewelry shall be appropriate to the tasks, which are normal and customary for the employee's duties. The Employer shall reimburse the employee for the loss of or damage to such permitted jewelry, which occurs during the course and scope of employment subject to the reasonable and customary cost of its replacement or repair. In no case, however, shall the cost to repair or replace such permitted jewelry exceed $150 for a watch. Section 31.6 Employees will maintain their hair in a clean and groomed condition. Hair shall be pulled back so as to prevent it from falling into an employee's face/eyes or touching their collar. Employees will be clean-shaven on duty. A mustache that does not come between the sealing 47 16E2 surface of the face piece and the face is permissible. Section 31.7 When the employment relationship is terminated for whatever reason, the employee will be responsible for the return of all equipment furnished under this Article to the County. All equipment must be returned in good condition and all uniforms will be cleaned and pressed prior to departure. 48 f�r� 16E2 ARTICLE 32 EDUCATIONAL DIFFERENTIAL Section 32.1 The Employer will satisfy the current respective Florida Statute requirements and will remain consistent with future changes in the Florida Statutes. Tuition reimbursement will be in accordance with CMA #5344 (attached) as provided for all County employees. 49 (`1 16E2 ARTICLE 33 PARKING Section 33.1 The Employer will continue the current practice of providing parking within defined parking spaces. No maintenance, washing, or waxing of vehicles shall occur on District property regardless of whether or not an employee is on or off duty. 50 16 E 2 ARTICLE-34 VACATION LEAVE Section 34.1 Eligibility All regular full-time and regular part-time employees shall be entitled to earn vacation leave, provided the time has been accrued at the beginning of the pay period for the time taken. Vacation is accrued from the date of hire and is retroactive to the hire date upon successful completion of the probationary period. Under no circumstances shall temporary, contractual, emergency, or similar employees be entitled to vacation benefits. (See also CMA #5360) Section 34.2 Accrual of Vacation Leave 1. Vacation leave for regular full-time and regular part-time shall be accrued from the date of hire for each normally scheduled hour of work, based upon the following hourly rates: Length of Yearly Vacation Hours Accrual Per Biweekly Work Period Service 1 —2 Years 120 4.615 3 —6 Years 168.02 6.464 7—20 Years 240 9.23 21 + Years 288 11.08 2. Vacation shall be accrued on regular hours worked, earned vacation taken, earned sick hours taken,jury duty and military leave. Any leave without pay and the hours worked in excess of the normal work period, whether paid at straight time or overtime, are excluded from hours worked when determining vacation accrual. 3. Employees hired from Constitutional Officer agencies without a break in continuous service, or a break in service of less than 30 days, may not transfer their accumulated vacation time. However, continuous service with these agencies shall count for vacation accrual rate and Length of Service Award. This provision shall apply only to employees hired after September 30, 1992 by the County Manager's Agency. 4. Temporary or seasonal employees do not receive vacation accrual nor does their temporary employment count towards years of service. Section 34.3 Maximum Vacation Accrual Hours Vacation may be accrued to a maximum of 448 hours. Leave in excess of 448 hours will be automatically converted to sick leave. Vacation may be extended beyond 448 hours to 616 hours when determined to be in the best interest of the County and with the prior written approval of the County Manager. Approval to extend beyond the 448-hour cap will be granted when: a) The County must have the service of that employee for a period of time that 51 1, � 16E2 would preclude the use of vacation and cause the employee's accrued leave to exceed 448 hours. b) The employee is in "good standing" and was rated "meets standards" or better on their most recent performance appraisal. c) The employee agrees in writing to take annually at least 112 hours of vacation during any year in which the employee's vacation exceeds 448 hours. Failure to do so will cause automatic conversion to sick leave. Section 34.4 Use of Vacation Vacation may be used for personal reasons not otherwise prohibited by the County. With the supervisor's approval, accrued vacation leave, will, if available, be used for uncovered portions of sick leave if all sick leave has been exhausted. Section 34.5 Illness During Vacation An employee who becomes sick while on an approved vacation may be allowed to use accrued sick leave credits to cover the period of illness. Upon the employee's return to work, the supervisor may require a medical certificate documenting the illness. Section 34.6 Scheduling Use of Vacation Employees shall select vacation dates for leave not later than six (6) days prior to the date the leave is to be taken. Although the Chief shall have the discretion to grant leave that is not received prior to the six day requirement. Vacation leave shall be awarded on a seniority basis. The County reserves the right to refuse the requested dates and to assign vacations based on staffing requirements, anticipated workload, and current status of operations and vacation opportunities for all bargaining unit employees. Section 34.7. Use of Vacation Time Vacation leave must be taken in minimums of one half hour increments for twenty-four hour shift employees. Section 34.8 Vacation Pay Upon Termination Employees who resign, are laid off, or are otherwise separated or discharged from the County Service shall be entitled to be paid for any unused vacation balance earned. Section 34.9 Personal Leave Employees will be eligible for up to 16 personal leave hours with pay per calendar year as set forth in CMA # 5360. 52 16E2 ARTICLE 35 SAVINGS CLAUSE Section 35.1 If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. The parties will meet as soon as possible to negotiate a mutually agreeable replacement provision. Section 35.2 Unless directly in conflict with a Section of this Agreement, the County's Human Resources Policies and Procedures, as amended from time to time, shall apply to employees covered by this Agreement. In the event of a direct conflict, this Agreement shall govern. 53 16E2 ARTICLE 36 ALCOHOL AND DRUG TESTING Section 36.1 Both the County and the Union recognize that drug and alcohol abuse is a growing problem among our nation's work force. The County and the Union also recognize the tremendous cost, both in terms of efficiency and in human suffering caused by needless work place accidents. Acknowledging the necessity for action, the following Alcohol and Drug Testing program is hereby initiated. Section 36.2 In the event a member of management has a reasonable suspicion to believe that an employee is under the influence of drugs or alcohol on duty, he/she may require that the employee submit to an industry accepted breathalyzer test, blood test, urinalysis and/or other appropriate testing. Reasonable suspicion may be based upon a variety of factors, including but not limited to accident, absenteeism, injury, conduct, performance, physical signs such as impaired reactions or judgment, slurred or exaggerated speech or lack of balance, as well as the smell or presence of alcohol or a controlled substance, or reports by other employees. Should the employee test positive to alcohol or drugs, the County will utilize a confirmatory process before taking further action. Such confirmatory process will utilize industry accepted testing procedures. Section 36.3 In the event an appropriate management official as defined in Section 38.2 above requests that an employee submit to a breath, blood, urine and/or other tests, and the employee refuses to submit to such test or tests, such refusal may result in disciplinary action, up to and including discharge. Section 36.4 In order to promote safety, health and security concerns, the Fire Chief and/or designee may search lockers, vehicles and other County-owned or supplied area. The Fire Chief and/or his designee reserves the right, based on reasonable suspicion, to search employee owned vehicles, handbags, lunch boxes, and other containers or personal effects including outer clothing. At no time will any employee's clothing be searched by or in the presence of a member of the opposite sex. An employee's refusal to cooperate with or submit to a search may result in disciplinary action up to and including discharge. 54 16E2 Section 36.5 All employees who must use a prescription drug that causes adverse side effects (drowsiness or impaired reflexes or reaction time) shall inform their supervisor in writing that they are taking such medication on the advice of a physician. It is the employee's responsibility to also inform their supervisor of the possible side effects of the drug on performance and expected duration of use. The prescribing physician must provide a statement that the employee can perform all of the employee's normal job functions, which will be provided to the employee's supervisor prior to starting work. Section 36.6 The cost of drug and alcohol screening tests required by the County will be paid for by the County. Section 36.7 The County retains the right to discipline up to and including discharge any employee who uses, possesses, dispenses, sells or buys illegal drugs or narcotics, whether on or off duty, or who uses or possesses alcohol while on duty, or who reports to work under the influence of illegal drugs or alcohol. The existence of an Employee Assistance Program does not affect the right of the County to impose discipline, up to and including termination, for violating this Article. Section 36.8 Any employee who is convicted, pleads guilty or no lo contendre (no contest) to any criminal drug statute violation, whether on or off duty, must notify the Director of Human Resources no later than five (5) days after such conviction. Failure to do so will be cause for appropriate disciplinary action, up to and including termination. Once the County receives such information, the County will make the appropriate determination as to what disciplinary action, if any, is to be taken. 55 16E2 ARTICLE 37 DURATION Section 37.1 This Agreement will be in full force and effect as of the date of approval by the Board of County Commissioners on June 10, 2014, with implementation of the work period and wage provisions on the Bargaining Unit members on June 14, 2014. This Agreement shall remain in full force and effect until midnight the 30th day of September, 2017. The Collective Bargaining Agreement entered into between the parties on October 8, 2011, shall be terminated effective with the approval of this Agreement. 56 16E2 ARTICLE 38 HOLIDAYS Section 38.1 —Holiday Pay Regular full-time employees assigned to a 12-hour or 24-hour schedule will receive the equivalent of 12 hours of straight time pay for each of the following holidays: • New Years Day • Dr. Martin Luther King's Birthday • President's Day • Memorial Day • Independence Day • Labor Day • Veteran's Day • Thanksgiving Day • Day after Thanksgiving • Christmas Eve • Christmas Day In addition to the days listed above, bargaining unit employees shall also be granted appropriate pay for any other day declared a holiday by the County Commission. If less than a full day is granted as a holiday, the bargaining unit shall receive a pro-rata amount as holiday pay. Section 38.2—Receipt of Pay The holiday pay will be included with the normal paycheck for the period which included the holiday. 57 t 16E2 ARTICLE 39 MEDIC RESCUE Section 39.1 —Ochopee Firefighter Functions for Medic Rescue Firefighter EMTs' main responsibility is driving the medic rescue unit. The Firefighter EMT will also assist Paramedics on emergency medical calls, filling out paperwork and recording information, and in cleaning the unit after a call. The Firefighter EMT may ride in the back if he/she chooses on Non ALS-emergency transports at the discretion of the Firefighter/Medic. Section 39.2—Ochopee Firefighter Functions for ALS Engine The Firefighter EMT is responsible for the ALS Engine unit. The Firefighter EMT will also assist the paramedic on emergency medical calls, filling out paperwork and recording information, and in cleaning the unit after a call. The Firefighter EMT will be in charge of non- medical aspects of engine work. 58 16E2 FOR COLLIER COUNTY: LEO E. OCHS, JR., COLLIER COUNTY A AGER FOR THE UNION: WI SS: 6oyfa9 Stirel5 JEREMY JOHN MORGAN , PRESIDENT Type o, Pr t Name: PROFESSIONAL FIREFIGHTERS OF THE EVERGLADES INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, WITNESS: LOCAL 3670 /41e0k°L Type or P% , t Name: DATE: THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE BARGAINING UNIT AND THE COLLIER COUNTY BOARD OF COMMISSIONERS. 59 �1 16E2 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK OF COLLIER COUNTY,FLORIDA �wA0 i�� i-C . BY : ty Clerk;;l • TOM HE ING, C Air rman Attest as'fo Chairman's signature only. Approved as to form and legality: Cc:2)// 1/4-2-■ Scott R. Teach, Deputy County Attorney D 67.tilVO. 60 16E2 CMA 5351 DISCIPLINE [Effective Date: April 9, 1999(Revised: March 13,2000; Revised: October 1,2001; Revised: October 1, 2003; Revised: January 1,2005; Revised: April 1,2006; Revised: May 1,2009; Revised: May 25,2010; Revised: February 29,2012)] § 5351-1.Purpose. The purpose of this Instruction is to provide for the implementation of a disciplinary procedure authorized by the County Manager. § 5351-2. Concept. It is the practice of the County to implement a program of positive discipline. The County believes employees are the most vital resource of County government. Therefore, when employee behavior warrants it, supervisors must take positive corrective action whenever practical. These disciplinary procedures apply to regular full-time and part-time employees below the level of Department Director. Department Directors, as well as Fire Chiefs; Chief — EMS; Division Administrators; County Attorney; Deputy County Attorney; Deputy County Manager; Executive Aides to the Board of County Commissioners, who are confidential employees working directly for the Commissioners; the County Manager, and all other contract employees reporting to the Board of County Commissioners are exempt from this disciplinary procedure, serve at the will of the County and may be suspended, discharged or demoted for any reason. All temporary and seasonal employees of the County are also exempt from this disciplinary procedure and may be separated at any time for any reason. Employees in their initial probationary period (including any extension of their initial probationary period) do not have appeal rights under this procedure. See CMA § 5321, Probationary Period, for further definition of the probationary period. A. Philosophy. Supervisors should work with employees to improve performance or behavior and may refer employees to the Employee Assistance Program when appropriate. While the goal of discipline is to be corrective through a series of progressive steps or actions that encourage employees to improve their behavior, in certain circumstances, progressive discipline may not be applicable. Some breaches of conduct are so severe that they warrant an immediate discharge or other disciplinary action. Examples of such behaviors include, but are not limited to, workplace violence, violations of the Code of Ethics/Standards of Conduct, or any applicable ethics laws or ordinances, insubordination, theft, sexual harassment, or other severe misconduct or unsatisfactory performance or behavior. Under extreme or exigent circumstances, the immediate supervisor may place an employee on administrative leave with or without pay without prior approval and consultation of the Department Director or Human Resources (weekends, night shift, perceived danger to fellow employees, the public or to County property, safety concerns, etc.). Administrative Leave is outlined further in CMA 5360, Leaves of Absence. In these cases, the Supervisor should contact the Department Director, the assigned Human Resources (HR) Generalist and the Human Resources Director as soon as possible. Decisions regarding disciplinary actions are the responsibility of the Department Director, Page 1 of 9 16E2 CMA 5351 who may be assisted by managers or supervisors to formulate recommendations; however, disciplinary actions for violations of policies, practices or procedures that fall under the purview of a department other than Human Resources should be made in consultation with the Department Director having authority over that policy, practice or procedure (i.e., Purchasing, Risk Management, Safety, Information Technology, Fleet, etc.) B. Factors In Discipline. Although internal consistency in administering discipline is desirable, numerous factors should be considered in determining the appropriate level of discipline to be administered. These factors include,but are not limited to: (1) Length of service. (2) Intervals between performance or behavior problems. (3) Progress toward improving overall work performance or behavior. (4) Disciplinary history. (5) Effectiveness of prior disciplinary actions. (6) Severity of disciplined behavior. (7) Repetition of disciplined behavior. C. Behavior Action Plan. Each disciplinary action, other than verbal counseling, must be fully documented on a Behavior Action Plan and submitted to the Human Resources Department prior to implementation. The Behavior Action Plan (BAP) is a document used by a Supervisor, Manager, or Director to document continued violations of County standards when verbal counseling does not result in improved employee behavior, to administer progressive discipline actions, or in cases that warrant immediate action. The BAP will include a description of the incident or violation, including the specific section(s) of the CMA(s), County standards or Florida law violated; a summary of the employee's past disciplinary actions, if applicable; the expectations for the employee to improve his/her behavior through measurable improvements or goals; and the consequences of not meeting the improvements or goals specified. The BAP will be prepared by the employee's Supervisor, Manager, or Director in consultation with the HR Generalist assigned to the department. The final recommendation for disciplinary action must be approved by the Department Director. Once the recommendation has been made, the Human Resources Director or his/her designee must approve the BAP before it is issued to the employee. The BAP, along with any supporting documentation, is delivered to the employee by his/her immediate Supervisor, Manager and/or Director and the assigned HR Generalist or designated representative. The employee's signature is requested on the BAP to acknowledge receipt; however, the signature may or may not indicate an employee's agreement with the disciplinary action. If the employee refuses to sign, it should be so indicated in the area reserved for the employee's signature. When disciplinary action is taken and a Behavior Action Plan is presented, an employee may Page 2 of 9 16E2 CMA 5351 be suspended, placed on probation, issued goals or objectives to be met in compliance with a 30, 60, or 90 day Performance Improvement Plan, or given other disciplinary action as warranted. When the employee meets the established goal(s), the probationary period or other disciplinary action may be lifted. If the employee does not meet the established goal(s), further disciplinary action may be taken, up to and including discharge. The BAP will become part of the documentation contained in the Human Resources Personnel File. D. Disciplinary Actions: (1) Verbal counseling session: A verbal counseling session takes place between an employee and his/her supervisor when attitude, work performance, or conduct does not fall within established guidelines or CMAs. The purpose of a verbal counseling session is to encourage an employee to improve his/her attitude, work performance, attendance, or behavior. Discussions of this nature are commonly used when an employee disregards work rules of a relatively minor nature. The supervisor will identify and define the area in need of improvement and ask the employee what steps he/she will take to make improvements in his/her behavior/performance. (a) Supervisors should advise employees immediately whenever their attitude, work performance, or personal conduct falls below an acceptable level. (b) It is the responsibility of the employee's immediate supervisor to gather all the information, weigh the facts and discuss any disciplinary or other problems with the employee involved. Supervisors may consult with an HR Generalist, if applicable. (c) A verbal counseling session serves notice that if improvement is not forthcoming, or the misconduct reoccurs, more formal disciplinary action may be taken. (d) A Supervisory Log/Record of Conversation (ROC) is a log that documents a conversation between a supervisor and employee. This document should include the date of the occurrence, the action or behavior observed, the specific section of County CMA(s) violated, and the date the supervisor reviewed his/her concerns with the employee. Verbal counseling sessions are recorded on the County's Supervisory Log Form/Record of Conversation (ROC) Form and maintained in department records. (e) The supervisor and the employee will initial the Supervisory Log/ROC entry. If the employee refuses to initial the log, it should be so indicated in the area reserved for the employee's initials. (f) This form should be retained by the Supervisor and may not be placed in the employee's personnel file in the Human Resources Department. The Supervisory Log Form/Record of Conversation (ROC) Form is a public record and may not be destroyed or disposed of even if no further infractions occur. It may become part of a personnel file in the event that further disciplinary action is warranted. (2) Written Counseling Session: In situations where verbal counseling has not resulted in the expected improvement, when an employee exhibits further disciplinary problems, or when the employee's conduct warrants, a Behavior Action Plan (BAP) shall be issued. If Page 3 of 9 16E2 CMA 5351 misconduct is involved, the BAP should include a description of the incident of misconduct and refer to times, dates, locations, and the Code of Ethics/Standards of Conduct or other CMAs violated. (a) The employee's immediate Supervisor may initiate the BAP in coordination with the Department Director and the assigned HR Generalist. Final decisions regarding discipline are the responsibility of the Department Director. The signatures of the Supervisor, Department Director, and Human Resources Director must be included on the Behavior Action Plan. The BAP may be issued to the employee after approvals listed above are obtained. (b) The Supervisor or Department Director and the assigned HR Generalist or designated representative will meet with the employee to review the information on the Behavior Action Plan and issue the written discipline. (c) The Behavior Action Plan and any supporting documentation of disciplinary action are public records and shall be retained in the employee's personnel file in the Human Resources Department. (3) Suspension: An employee may be suspended without pay by his/her immediate supervisor with the prior approval of the Department Director and upon consultation with the assigned HR Generalist. Suspensions may be recommended for reasons provided in the Code of Ethics/Standards of Conduct or for other unacceptable conduct including alleged violations of Florida Law. (a) If immediate action is required (cases where workplace health, safety and/or welfare is jeopardized), the employee shall be placed on leave with pay pending approval for leave without pay from Human Resources. In the case where such an action is required, the immediate supervisor should consult with his/her Department Director and an HR representative prior to the action, or as soon as possible if they are unavailable at the time the action is required. (b) Suspensions shall be documented on a Behavior Action Plan. The BAP must be approved by the Supervisor, Manager, Department Director, and Human Resources Director or his/her designee before it is issued to the employee. The supervisor and/or the Department Director and the assigned HR Generalist will meet with the employee to review the information on the BAP and issue the suspension. (c) Any employee recommended for suspension shall be given notice of his/her appeal rights, if any, by separate letter/memorandum from his/her Department Director or the Human Resources Department. A copy of the appeal procedure shall be provided with this letter/memorandum. (d) The suspension action becomes final if the employee does not file a request to appeal the suspension during the required time period. (4) Termination of Employment(Discharge) and Disciplinary Demotion: Employees may be recommended for termination of employment or demotion for misconduct, unacceptable job performance,job abandonment and/or violations of the Code of Ethics/Standards of 1. Editor's Note:See CMA 5311,Code of Ethics,and CMA 5311.1,Standards of Conduct. Page 4 of 9 lr' 1.; 16E2 CMA 5351 Conduct. As noted in the Code of Ethics/Standards of Conduct,2 the reasons for discipline, including termination of employment or demotion, outlined therein are examples and are not considered all inclusive. (a) Recommendations to terminate employment or demote regular full-time and regular part-time employees who have completed their initial probationary period may be made by the employee's Department Director in coordination with the assigned HR Generalist, after consultation with the Human Resources Director or his/her designee. Following this consultation, the recommendation shall be formalized by completion of a Behavior Action Plan. (b) The Supervisor, Manager and/or Department Director and the assigned HR Generalist or designated representative will meet with the employee to review the information on the Behavior Action Plan and issue the termination or demotion. (c) Any employee recommended for discharge or demotion shall be given notice of his/her appeal rights, if any, by a letter/memorandum from the Department Director or the Human Resources Department separate and apart from the BAP. A copy of the appeal procedure shall be provided to the employee with the letter/memorandum. (d) An employee recommended for disciplinary demotion will begin serving in the new capacity effective as of the date the BAP is presented. Employees recommended for termination of employment will be placed on Administrative Leave without Pay until the action becomes final. The termination or demotion becomes final if the employee does not file a request to appeal the action during the required time period or following resolution of an authorized appeal process. E. Appeal Process An employee may request a hearing to appeal a suspension, disciplinary demotion or recommendation for termination within five business days following the date the disciplinary action is issued. Appeals are allowed only for suspensions, terminations and disciplinary demotions. Employees will, however, be permitted to submit statements outlining the reason(s), if any, for their disagreement with any disciplinary action taken, which will be placed in the personnel file. The request for appeal must be submitted in writing to the Human Resources Department. In the case of suspensions, an employee has one level of appeal before a designated Hearing Officer; in the case of disciplinary demotions or recommendations for termination, an employee has two levels of appeal. (1) First Level Appeal of Recommendation for Suspension, Termination or Disciplinary Demotion: (a) The Hearing Officer for a First Level Appeal will be assigned by the Human Resources Director or his/her designee and will usually be a Division Administrator, Department Director or Chief. If appropriate, the County may select a Hearing Officer from outside of the County in which case the Hearing Officer shall be a Labor/Employment Attorney or arbitrator listed with either the American Arbitration Association or the Federal Mediation and Conciliation 2. Editor's Note:See CMA 5311,Code of Ethics,and CMA 5311.1,Standards of Conduct. Page 5 of9 16E2 CMA 5351 Service. The hearing will be scheduled and conducted within 14 calendar days of receiving the request for the hearing. The hearing may be rescheduled upon written request of either party for legitimate reasons and must be reset within a reasonable time. (b) During a first-level appeal hearing, the employee may not be represented by an attorney, but may present County employee witnesses and may cross-examine witnesses presented by the County. (c) The Hearing Officer will render a decision in writing to the Human Resources Director. The decision must be issued within five (5) working days following the hearing. The Human Resources Director or his/her designee will ensure the decision is forwarded to all affected parties. (d) In the case of a suspension, the decision of the Hearing Officer is final. For a recommendation of termination or disciplinary demotion, the employee may request a Second Level Appeal. (2) Second Level Appeal of Recommendation for Termination or Disciplinary Demotion: (a) The second level hearing will be held before the County Manager or his/her designee and will be coordinated by the Human Resources Director or his/her designee, with assistance as needed from other HR staff members. The hearing will be scheduled and conducted within 30 calendar days of receiving the request for the hearing. The hearing may be rescheduled upon written request of either party for legitimate reasons and must be reset within a reasonable time. (b) The employee is allowed representation by an attorney, may present County employee witnesses, and may cross-examine witnesses presented by the County. The employee will have the right to examine the evidence that forms the basis for the termination recommendation or disciplinary demotion. (c) Judicial rules of procedure and evidence will not be applicable. A court reporter shall document the process, and all witnesses providing testimony will be placed under oath. (d) The County Manager or his/her designee shall render his/her decision within ten (10) working days following the date of the hearing. The County Manager or his/her designee shall communicate the decision in writing to the Human Resources Director, who will notify all affected parties and/or representatives. (e) At the option of the County Manager or his/her designee, an external Hearing Officer may be selected to make findings of fact. The person selected will either be the County Manager's designee, an attorney who is a member of the Florida Bar Association, or an arbitrator listed with either the American Arbitration Association or the Federal Mediation and Conciliation Service. All expenses for the Hearing Officer and Court Reporter will be the responsibility of the employee's department. The Hearing Officer will prepare a written finding of facts and, if appropriate, conclusions of law and submit them to the County Manager within ten (10) working days following the close of the hearing. The Hearing Officer will not make any recommendation as to the actual resolution of the discharge/disciplinary Page 6 of 9 CMA 5351 16 E 2 demotion. The County Manager or his/her designee will issue a final decision in writing to the Human Resources Director within ten (10) working days following receipt of the report from the Hearing Officer. The Human Resources Director will notify all affected parties and/or representatives. (f) The County Manager may issue alternative or reduced disciplinary actions in lieu of upholding the discharge or disciplinary demotion. In such circumstances, the County Manager will determine the terms of the reduced measures, including eligibility for return of pay and benefits. While reasonable attempts will be made to maintain a discharged or demoted employee in his/her previous pay grade and classification, employees who accept the conditions of alternate disciplinary measures may be transferred to another position in the organization. (3) Appeal Hearings: (a) The Human Resources Director or his/her designee will coordinate the hearing process with assistance from other HR staff members, and will appoint a Hearing Officer. The purpose for the hearing is to review the facts relating to the matter to determine whether the recommended action is supported and if it falls within the guidelines of existing CMAs. (b) The employee will receive notification of the hearing in writing from the Human Resources Director or his/her designee a minimum of three (3) working days prior to the date of the hearing. The notice will contain the date, time and place of the hearing, the name of the Hearing Officer, the reason(s) for the disciplinary action, and the name(s) of the individuals other than the employee who will be present at the hearing. A copy of the Behavior Action Plan (BAP) will also be included. (c) Failure of the employee to attend a scheduled hearing will be considered a waiver of appeal and the disciplinary action will stand. (d) The Department Director, employee's immediate supervisor or manager, and the Human Resources Director, or their respective designees, shall be in attendance. The employee will be provided an opportunity to present evidence, including County employee witnesses, to support his/her assertion that the action is inappropriate or unwarranted. The employee's supervisor or manager and Department Director shall present the factual reasons and/or documents that support the recommended action. (e) If an employee wishes to have witnesses speak on his/her behalf, the employee must submit a request in writing to the Human Resources Department at least three (3) working days prior to the hearing. The County will allow the attendance of a reasonable number of County employees who have direct knowledge of the incident under review to appear at the hearing at the request of the employee. The County will be responsible for the wages or salary of County employee witnesses who appear at the hearing at the request of the employee. The employee is responsible for notifying his/her witnesses of the date and time they need to appear. (f) A list of witnesses, a summary of the facts to be presented by each witness, and other evidence shall be provided by both parties to the Human Resources Department at least three working days prior to the hearing. Page 7 of 9 CMA 5351 16 E 2 (g) The designated Hearing Officer shall hear the facts of the matter during the scheduled hearing and will take additional action, if necessary, to ensure all the facts of the matter are determined. The Hearing Officer shall consider the documentation, statements provided during the hearing and all facts in the case in making a final determination. In a First Level Appeal, an internal Hearing Officer has the option of upholding, overturning or issuing reduced disciplinary measures. An external Hearing Officer shall provide findings of fact to the County Manager, including disciplinary recommendations, if appropriate, for a final decision. In a Second Level Appeal, Hearing Officers will provide only findings of fact and the County Manager shall render a final decision. (h) In the case of a suspension action,the decision of the First Level Hearing Officer is final. In the case of a disciplinary demotion or recommendation for termination, the employee may request a second level appeal hearing if the recommendation is upheld in the first level hearing. This must be requested in writing to the Human Resources Director within the five day period following receipt of the first level Hearing Officer's decision. (i) When an employee exhausts the appeals process, if the disciplinary action is upheld by the Hearing Officer, the Behavior Action Plan documenting the action shall be placed in the employee's personnel file in the Human Resources Department. If the action is overturned or reduced disciplinary measures are issued, any pay and benefits, position status, or if applicable, date of hire shall be restored to the employee. Documentation regarding the disciplinary action and outcome of the appeal process shall be placed in the employee's personnel file. (4) Timeliness: (a) An appeal or request for a hearing that is not submitted within the time limits as prescribed for each step, where no written extension has been granted by the due date, shall be considered untimely; and, unless the lack of timeliness results from circumstances over which the employee has no control as determined by the Human Resources Director, untimely requests will not be considered. (b) The time limits prescribed herein may be extended for good and sufficient reasons by management due to short term illness, vacations, business trips, scheduling/workload conflicts, or emergencies, when deemed in the best interest of assessing all available information to arrive at an equitable solution. If the time limits are extended, the employee will be so advised in writing. (c) The time limits as set forth in this procedure for the processing of responses by management shall remain the same for employees regardless of work schedules. For the purpose of this discipline procedure, the working day shall be defined as regular business hours Monday through Friday. An employee who seeks an extension of the time limits set forth herein must make the request to the Human Resources Director in writing prior to the expiration of the time period to be extended. Page 8of9 16E2 CMA 5351 §5351-3. Currency. The Human Resources Department is responsible for maintaining the currency of this Instruction. §5351-4.Reference. Collier County Personnel Ordinance, Ordinance No. 2001-50: Discipline: It is the policy of the County to implement a policy of positive progressive discipline. The County believes employees are the most vital resource of County government. Therefore, Supervisors must take positive corrective action whenever practical. The disciplinary procedures apply only to all regular full-time and part-time employees below the level of Section Heads, Department Directors, Division Administrators, and all supervisory employees directly reporting to the Board of County Commissioners, County Attorney, and County Manager are exempt from the disciplinary policy, serve at the will of the County, and may be discharged for any reason. All contractual employees of the County are exempt from the disciplinary policy. Page 9 of 9