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Backup Documents 04/13/2010 Item #16F 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 F- 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office . The completed routing slip and original documents are to be forwarded to the Board Oince only after the Board has taken action on the item. ) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the I It • lh h routin lines #1 throw #4 complete the checklist, and forward to Sue Filson line #5). exception of the Chairman s signature. raw a me row Route to Addressee(s) List in routing order Office Initials Date 1. (Initial) Applicable) 2. April 13, 2010 Agenda Item Number 16 -F -3 3. Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 4. Scott R. Teach, Deputy County Attorney County Attorney Number of Original 04/13/10 5 Ian Mitchell, BCC Supervisor Board of County Commissioners Documents Attached a tl `O I 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval_ 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the Name of Primary Staff Scott R. Teach Phone Number (239) 252 -8400 Contact (Initial) Applicable) Agenda Date Item was April 13, 2010 Agenda Item Number 16 -F -3 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Contract Number of Original 2 Attached County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 amatter numbers /tidocument number» Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial) Applicable) 1. Original document has been signed /initiated for legal sufficiency. (All documents to be signed by the SRT Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the I3CC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and N/A all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or SRT the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and SRT initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be SRT provided to Sue Filson in the BCC office within 24 hours of BCC approval. 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 our deadlines! 6. The document was approved by the BCC on 04/13/10 and all changes made during the meeting SRT have been incorporated in the attached document. The County Attorney's Office has reviewed FM the changes, if applicable. 7. Please return one executed original to Scott R. Teach SRT I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 amatter numbers /tidocument number» 16F3 MEMORANDUM Date: April 14, 2010 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract w/ Southwest Florida Professional Firefighters — Local 1826 Enclosed please find one original of the document referenced above (Agenda Item #16F3), approved by the Board of County Commissioners on Tuesday, April 13, 2010. If you should have any questions, please call me at 252 -8411. Thank you. 16F3 CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS LOCAL 1826 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, INC. Effective Dates: 2010 -2012 16F3 TABLE OF CONTENTS ARTICLE1 PREAMBLE .............................................................................. ..............................1 ARTICLE2 RECOGNITION ...................................................................... ............................... 3 ARTICLE 3 MANAGEMENT RIGHTS ..................................................... ............................... 4 ARTICLE 4 STRIKE PROHIBITION AND WORK REQUIREMENTS .............................. 8 ARTICLE5 NON DISCRIMINATION ....................................................... ............................... 9 ARTICLE6 DUES DEDUCTION ................................................................ .............................10 ARTICLE6 - EXHIBIT 1 ............................................................................ .............................13 ARTICLE 7 RULES AND REGULATIONS ............................................... .............................14 ARTICLE8 SENIORITY ............................................................................. .............................15 ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE ........ ............................... 18 ARTICLE 10 PERSONNEL REDUCTION .............................................. ............................... 24 ARTICLE 11 PROMOTIONS/REASSIGNMENT WITHIN UNIT ....... ............................... 26 ARTICLE 12 HOURS OF WORK AND OVERTIME ARTICLE 13 - A SICK LEAVE 28 kill ARTICLE13 - B PERSONAL LEAVE ..................................................... ............................... 38 ARTICLE 14 VACATION LEAVE ........................................................... ............................... 39 ARTICLE15 LEAVES OF ABSENCE ...................................................... ............................... 44 ARTICLE 16 BEREAVEMENT /JURY DUTY/WITNESS DUTY ......... ............................... 48 ARTICLE 17 MILITARY LEAVE ............................................................ ............................... 51 ARTICLE 18 SHIFT EXCHANGE ............................................................ ............................... 53 ARTICLE 19 HOLIDAYS .......................................................................... ............................... 55 ARTICLE 20 WAGES & INCENTIVES 58 ARTICLE 21 BENEFIT OPTION PLAN .................................................. ............................... 59 16F3 ARTICLE22 RETIREMENT PLAN ......................................................... ............................... 61 ARTICLE 23 TUITION REIMBURSEMENT ......................................... ............................... 62 ARTICLE 24 OUTSIDE ACTIVITIES ..................................................... ............................... 64 ARTICLE 25 BULLETIN BOARD SPACE ............................................. ............................... 65 ARTICLE 26 UNION BUSINESS AND UNION TIME BANK .............. ............................... 66 ARTICLE 27 UNIFORMS AND EQUIPMENT ....................................... ............................... 69 ARTICLE28 MISCELLANEOUS ............................................................. ............................... 74 ARTICLE 29 HEALTH AND SAFETY ARTICLE 30 ALCOHOL AND DRUG TESTING 76 79 ARTICLE 31 STATION FACILITIES ...................................................... ............................... 83 ARTICLE32 STAFFING ............................................................................ ............................... 85 ARTICLE33 SPECIAL EVENTS .............................................................. ............................... 87 ARTICLE 34 EDUCATIONAL INCENTIVES ........................................ ............................... 88 ARTICLE35 LICENSURE ........................................................................ ............................... 89 ARTICLE 36 IN- SERVICE /CONTINUIG EDUCATION TRAINING ............................... 90 ARTICLE 37 OUT -OF -TOWN TRANSFERS AND TRAVEL ............... ............................... 93 ARTICLE 38 MEDICAL QUALITY ASSURANCE ............................... ............................... 94 ARTICLE39 SAVINGS CLAUSE ............................................................. ............................... 95 ARTICLE 40 EMPLOYEE RECOGNITION AND REWARD PROGRAMS .................... 96 ARTICLE 41 LABOR/MANAGEMENT TEAM 97 ARTICLE42 DURATION ........................................................................... .............................98 ARTICLE 1 PREAMBLE Section 1.1 — Parties 16F3 In accordance with Chapter 447, Part II of the Florida Statutes, this Agreement is entered into by and between Collier County Board of County Commissioners (hereinafter "BCC," "County," "EMS /Fire," or "Emergency Medical Service /Fire Department') and the Southwest Florida Professional Firefighters, Local 1826, International Association of Firefighters, Inc. (hereinafter, "Union "). Section 1.2 — Purpose It is the intended purpose of this Agreement to achieve and maintain harmonious relations between the County and the Union. It is contemplated that this Agreement will serve the public interest by maximizing the efficiency and productivity of employees and providing fair treatment and compensation, and provide a procedure for the resolution of claims that this Agreement has been violated by either party. Section 1.3 — Responsibility The Union further recognizes the responsibilities imposed upon it as the exclusive bargaining agent of the Employees who are covered by this Agreement. The Union recognizes that in order for the County to provide maximum opportunities for the continuing employment and good working conditions, the County must be in a strong position, which means it must do business at the lowest possible cost consistent with fair labor standards. Therefore, the Union, through its bargaining position, assumes a joint responsibility in the attainment of the 16F3 aforementioned goals and agrees it will cooperate with the County through its agents and designated stewards by supporting the County's efforts to achieve a fair day's work by the employees covered by this Agreement, to actively combat absenteeism, slowness, and all other practices by employees which restrict or tend to restrict productivity. 2 ARTICLE 2 RECOGNITION Section 2.1 — Unit Description 16F3 The County hereby recognizes the Union as the exclusive bargaining agent for all employees of the County as certified by the Florida Public Employees Relations Commission in Case No. RC -99 -027, Cert. No. 1273, October, 1999. The appropriate bargaining unit is comprised of full -time and regular part-time employees in the following classifications: INCLUDED: Emergency Medical Technician Paramedic Paramedic /Firefighter Helicopter Pilot Lieutenant (Company Officer) Lieutenant (Company Officer) /Paramedic /Firefighter EXCLUDED: Managerial Employees Confidential Employees All employees not specifically included in the above - described unit. Section 2.2 — Part -Time Employees The County reserves the right to hire regular part-time employees to perform bargaining unit work, provided that the County will not use regular part-time employees to till regular, budgeted full -time positions while employees are laid off and eligible for and subject to recall under Article 10. The number of regular part time employees will not exceed 15% of the total number of full time bargaining unit employees. 3 ARTICLE 3 MANAGEMENT RIGHTS Section 3.1 — Specific Rights 16 F.3 The management of the Emergency Medical Service ( "EMS /Fire ") 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 eliminate the operation or any part thereof, to change station locations; to increase or decrease the number of stations; to establish or eliminate battalions; to assign or reassign personnel within or among battalions or within or among shifts or stations on a temporary or permanent basis, consistent with the Agreement; and 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 establish and modify job descriptions; to assign and require employees to work overtime; to establish and change hiring procedures; to set the work schedules consistent with the Agreement; to evaluate and direct the work of the employees covered by this Agreement; to maintain, enforce, rescind or change EMS /Fire 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 EMS /Fire; to discipline, demote or discharge employees for proper cause; to lay off employees from duty for lack of work or for other legitimate reasons; to establish requirements for employment; to promote employees and to have complete authority to exercise those rights and powers incidental thereto, including the right to 51 I6F3 alter or vary past practices as may be necessary for the orderly and efficient operation of the EMS /Fire, shall all be vested exclusively in the County, subject only to such restrictions governing the exercise of these rights as are expressly and specifically provided in this Agreement. The County'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 County from exercising the same right in some other way not in conflict with the express provisions of this Agreement. Section 3.2 — Reserve Rights There shall be complete regard for 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. Section 3.3 — Civil Emergency If, in the sole discretion of the Chair of the County Commission, or if unavailable, the Vice Chair, or if unavailable, 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 during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. 5 16F3 Section 3.4 — Incidental Job Duties 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 job related duties not specifically contained in their job description. Section 3.5 — Policy Changes The County agrees to provide notice to the Union's Field Representative, in writing (which includes electronic communication), of any change in EMS /Fire policies, procedures (e.g., General Orders, SOG's, SOP'S) or rules of general application prior to implementation, which would affect members of the bargaining unit. If the written notice affects wages, hours of work or terms of employment, absent exigent circumstances the Union will have fourteen (14) calendar days from the date of the notice or, if no notice was given, from the date the Union's Field Representative became aware of any proposed change, to file any objections to the proposed changes with the County, which shall consider the objections before making its final decision. The objections, if any, will be filed with the EMS /Fire Chief or designee. Section 3.6 — Designee Unless a specific Section of the Agreement states to the contrary, the Director of the Bureau of Emergency Services is a designee of the Emergency Medical Services /Fire Department. 0 16F3 Section 3.7 — Impact Bargainin¢ Nothing contained in this Article shall be interpreted as a waiver of the Union's right to bargain over any impacts the exercise of these rights may have on wages, hours and /or terms and conditions of employment. 16F3 ARTICLE 4 STRIKE PROHIBITION AND WORK REQUIREMENTS Section 4.1 — Strike Prohibition The Union and bargaining unit members do not assert and will not assert or advocate any right to engage in any 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 also occupies 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 — Discipline Recognized Any and all employees who violate any provision of the law prohibiting strikes or this Article shall be disciplined, up to and including discharge, by the County. Section 4.3 — Remedies It is expressly agreed and understood that in the event of a strike, the County may, in addition to other remedies available to it under law, petition a court of competent jurisdiction for appropriate injunctive relief, and /or cancel this Agreement. If this Agreement is cancelled as a result of a strike, the parties agree that the County has all the rights it had prior to the time the Union was certified and that it may make unilateral changes in wages, hours or terms and conditions of employment. 8 ARTICLE 5 1 6 1 3 NON DISCRIMINATION Section 5.1 — Union/Non -Union Activity There shall be no discrimination, interference, restraint, or coercion by the County against any employee for activity on behalf of, or membership in, the Union. There shall be no 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. Section 5.2 — Protected Class Employee rights as provided by local, state and /or federal law are hereby recognized; provided that allegations of discrimination based on race, sex, religion, national origin, disability, age or color or any other current or future protected class will be resolved in the appropriate court or administrative agency and not under Article 9, Grievance and Arbitration Procedure. W ARTICLE 6 DUES DEDUCTION Section 6.1 — Authorization 16F3 The County, through the Office of the Clerk of the Court of Collier 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 cost of dues deduction if the Clerk of the Court charges the County for this service. Section 6.2 — Deduction Payroll deduction shall be accomplished in equal shares on the first and second pay 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. Section 6.3 — Form 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 — Indemnification The Union agrees to indemnify the County and the Clerk of the Court, and hold them 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 or the Clerk's compliance or efforts to comply a 16F3 with this Article. Neither the County nor the Clerk of the Court has any obligation to inform employees of the amount of Union dues or change of such dues. Section 6.5 — Certification of Dues Amount 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. Pay will only be deducted for employees who comply with Section 1 of this Article and who authorize deduction of dues by executing Exhibit 1. Section 6.6 — Transmission of Dues to Union The 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 — Limitation on Deductions No deductions will be made at any time for any monies representing fines, fees, penalties, or special assessments. Section 6.8 — Effective Date of Deduction 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. 16F3 Section 6.9 — Cancellation 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. Section 6.10 — Role of Collier County Clerk of Court It is understood that the Clerk of the Court is a Constitutional Officer and is not subject to control by the Collier County Board of County Commissioners. Preparation of the County's payroll and Union dues deduction is a service provided by the Collier County Clerk of the Court. Therefore, the County is neither responsible nor liable for failure to withhold Union dues or mistakes made in dues deduction by the Clerk's Office. The County will work with the Union to correct any mistakes made by the Clerk's Office. Section 6.11 — Good and Welfare Fund A good and welfare fund will be established with a portion of Union dues collected for Local 1826 /I.A.F.F., Inc., District 14 members. 12 16F3 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, through the Clerk of the Court of Collier County, to deduct from my earnings, the regular monthly dues (uniform in dollar amount) in the amount certified by the Treasurer of Local 1826 /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. 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 the Clerk, and the respective agents and employees of each from any liability therefor. NAME DATE SOCIAL SECURITY NUMBER SIGNATURE DVP 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 which was designated and current by the Treasurer of Local 1826 /I.A.F.F., Inc. from my wages. NAME DATE SOCIAL SECURITY NUMBER SIGNATURE DVP SIGNATURE 13 ARTICLE 7 ` 6 F 3 REGULAR PART -TIME EMPLOYEES Section 7.1 — Regular Part -Time Employees The County reserves the right to hire regular part -time employees to perform EMT and Paramedic duties bargaining unit work, provided that a regular part-time Paramedic will not be in charge of a unit. The County will not use regular part-time employees while there are qualified full -time employees on lay -off eligible for recall. Section 7.2 — Pay Regular part-time employees shall not be permitted to work more than one hundred sixty- eight (168) hours in any pay period. The County agrees to maintain records of the number of hours that regular part-time employees work; if a regular part -time employee has an excess of one hundred sixty -eight (168) hours and knowingly accepts more hours they may be disciplined. A Union representative will have access to payroll records to ensure compliance. The regular part-time employee must notify the County if the offered hours will cause them to exceed the one hundred sixty -eight (168) hour maximum. Regular part time employees will be paid at the rate set forth in Article 20. Benefits, except to the extent required by law, or as outlined by this Agreement, will not be paid to part-time employees. Section 7.3 — Not Covered by Contract Regular part-time employees are covered by all Articles of this Agreement unless the Article or Section specifically excludes regular part -time employees. 14 ARTICLE 8 SENIORITY Section 8.1 — Definition 16F3 Seniority is defined as continuous, regular service with Collier County EMS /Fire and is that time actually spent on active payroll plus those periods specified in Section 2 of this Article. The seniority date shall be an employee's last date of hire in Collier County EMS /Fire. If two or more employees have the same EMS /Fire date of hire, relative seniority will be determined by the last four digits of the employees' social security numbers, with the lowest number the most senior. 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. For purposes of this Article, Article 10 and the Vacation Section under Section 14.3, seniority for a part-time employee who becomes a regular full -time employee will begin on the date of hire as a part-time employee, following completion of probation. Seniority does not apply to benefit accruals or for any other purpose under this Agreement. For bid purposes employees that work on a ground ambulance will base their seniority on their original date of hire, as calculated by Section 8.2. For employees that participate in specialty programs or within the firefighter classifications, their seniority will be based on the first date that the employee started working in that program; in the event acceptable documentation of the start date is unavailable, seniority will revert to the original date of hire. Section 8.2 — Calculation of Seniority In computing an employee's seniority, the following periods of time shall be included: 15 16F3 A. Approved leaves of absence. B. Vacation periods. C. Periods of temporary layoff for a regular employee up to six (6) months. D. Periods of illness or accident up to one (1) year. E. Qualifying periods of service in the Armed Forces of the United States. F. Leave granted under the Family Medical Leave Act. Section 8.3 — Loss of Seniority Unless otherwise stated, an employee shall be terminated and shall lose all accumulated seniority if: A. He /She voluntarily quits. B. He /She is discharged and not reinstated with full benefits. C. He /She has been continuously laid off for a period of more than six (6) months. D. He /She fails to return to work on the date designated in a notification to return to work following layoff. E. He /She fails to return to work at the end of any period specified in Section 8.2. Section 8.4 — Probationary Period The first twelve (12) months of employment with Collier County EMS/Fire shall be considered probation. A full time employee will be off probation and considered a regular full- time employee upon receipt of a "meets expectations or above" or other comparable evaluation, which is performed during the 12`h month of employment. This probationary period may be extended up to three (3) months. M 16F3 Section 8.5 — Annual Seniority List The County shall provide by October 1" of each year, a seniority list of regular full -time employees in the bargaining unit. The seniority list shall be based as previously defined in this Article, Section 8.2. The seniority list shall be used as required for the basis of action under other articles of this Agreement. The seniority list shall be conclusively presumed accurate unless challenged by the Union within fourteen (14) calendar days of its receipt by the Union. 17 16F3 ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE Section 9.1 — Purpose In a mutual effort to provide a harmonious working relationship, 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. Section 9.2 Grievance A. 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. B. 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 as precedent in any subsequent arbitration case unless the Union and the County mutually agree in writing that the grievance is precedent setting. C. No grievance can be amended or supplemented after the initial management response at Step 1 without the written consent of the Emergency Medical Services /Fire Chief. D. There is no duty to arbitrate any grievance where the factual basis of the grievance occurred prior to the execution of this Agreement or after the expiration of this Agreement. 18 16F3 Section 9.3 — Right of Individuals to A Just Grievance Nothing in this Agreement shall be construed to prevent any employee from presenting, at any time, his/her own grievance in person and having such grievances adjusted; provided the adjustment is not inconsistent with the terms of this Agreement. If the grieved employee requests Union representation, the grievant will notify the Emergency Medical Services /Fire Chief or designee. It is the responsibility of the grievant to notify the Union of any meeting called for the resolution of such grievances. Section 9.4 — General A. A 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 the grievance. B. The Union will not be required to process grievances for employees who are not members of the Union, but may be present at any meeting where the grievance may be settled. The County shall notify the Union of any such meeting. C. Except in exceptional circumstances (i.e., when the employee's presence or continued presence on County property may create a danger to County employees or the public), an employee shall have the right to an informal meeting prior to the implementation of discipline without pay, disciplinary demotion, or termination. At least forty -eight (48) hours prior to any such meeting, the employee will receive written notice of the time and place of the meeting. V1 16F3 Section 9.5 — Requirements of Written Grievance 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 full statement of the grievance, giving facts, dates and times of events, and if possible, specific violations. The grievance shall also contain the remedy or adjustment desired; (3) Signature of aggrieved employee and date signed; (4) Signature of the Union representative (must be a designated official or his/her designee) if the grievant requests Union representation; (5) A class grievance may be filed when a single issue applies to more than one employee and in such cases the elected employee representative or Principal Officer must sign the grievance form. Any grievance not containing the above information set above may be processed through the grievance procedure but shall not be subject to arbitration absent the mutual consent of the parties. Section 9.6 — Steps Grievances shall be processed in accordance with the following procedures: STEP 1: The grievant shall present in writing his /her grievance to his /her immediate supervisor 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 supervisor shall reach a decision and communicate in writing to the grievant within fourteen (14) calendar days from the date the grievance was presented. Failure of the supervisor to timely respond 20 16F3 shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 2. STEP 2: If the grievance is not settled at Step 1, the grievant, within seven (7) calendars days of the answer in Step 1, may present it to the Chief of Emergency Medical Services /Fire. The Emergency Medical Services /Fire Chief shall investigate the alleged grievance and may conduct a meeting with the grievant. The Emergency Medical Services /Fire Chief shall notify the aggrieved employee of the decision no later than seven (7) calendar days following receipt of the grievance at Step 2. Failure of the Emergency Medical Services /Fire Chief to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 3. STEP 3: If the grievance is not settled in Step 2, the grievant, within seven (7) calendar days of the answer in Step 2, may present the written grievance to the Director of the Bureau of Emergency Services (the "Director "). The Director shall investigate the alleged grievance and may conduct a hearing or meeting with the grievant. The Director shall notify the aggrieved employee in writing of the decision not later than seven (7) calendar days following the submission of the grievance at Step 3. Failure of the Director to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 4. STEP 4: If a grievance, as defined in this Article, has not been satisfactorily resolved within the grievance procedures, the grievant may request arbitration in writing to the Human Resource Department no later than seven (7) calendar days after the response is received. 21 16F3 Section 9.7 — Arbitration Whenever the aggrieved employee requests arbitration in accordance with the provisions of Section 9.6, the grievant may request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators. The request must be made within fourteen (14) calendar days of the denial of the grievance at Step 3. Arbitrators shall be selected from such panel by alternately striking names from this list (the grievant shall strike first) until the last name is reached. The Union reserves the sole authority over whether to proceed to arbitration on a particular grievance. Section 9.8 — Rules Applicable to Grievance /Arbitration The following general rules are applicable to this Article: A. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreement. B. The arbitrator shall have no power to establish wage scales, rates of pay for new jobs, or to change any wage, except when the wage being paid is in violation of the Agreement, or when he /she is otherwise specifically empowered to do so by both parties. C. The arbitrator shall have only the power to rule on grievances arising under this Agreement, as defined under Section 9.2 and which comply with the requirements of Section 9.4, Section 9.5, and the time limits established by this Article. D. 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 Step 1 of Section 9.6. E. The arbitrator shall not receive into evidence nor rely upon any past practices that occurred prior to the date of execution of this Agreement. 22 16F3 F. The arbitrator's sole authority with regard to monetary awards is the award of back pay and lost benefits of a monetary value. No interest, costs or other damages of any type whatsoever may be awarded. G. There is no duty to arbitrate any grievance where the factual basis of the grievance occurred prior to the execution of this Agreement or after the expiration of this Agreement. Section 9.9 — Appeals The ruling of the arbitrator shall be final and binding on the Union, on all bargaining unit employees and 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 9.10 — Costs The costs of the arbitration, including the costs of the arbitrator and all court reporter fees, shall be borne by the losing party. Each side desiring a transcript will pay for it. Expenses, including wages for witnesses, shall be borne by the party calling them. 23 16F3 ARTICLE 10 PERSONNEL REDUCTION Section 10.1 — Layoff Procedure In the event of a layoff, the County will declare a surplus by classification. The County will consider a number of relevant factors in determining selection of individuals for layoff, with the public interest to be of prime importance. Factors to be considered include, but are not limited to: A. Conduct/disciplinary record for the last thirty -six (36) months of current employment term, with exclusion of Records of Conversations (ROC'S); B. Attendance record for the last thirty -six (36) months; and C. Seniority. As between two employees, if the County, in its sole discretion, determines factors A, B and C are relatively equal at the time of layoff, seniority shall prevail. Section 10.2 — Recall Recall will be in reverse order of layoffs. No new bargaining unit employees will be hired by the County in a classification until all members of the bargaining unit who were laid off in that classification within the prior six (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 Emergency Medical Services/Fire Chief or designee. Failure to respond to the notice within the prescribed time limits previously stated, or failure to report on the date designated, shall constitute a resignation by the employee. 24 16F3 Section 10.3 — Eligibility for Recall To remain eligible for recall, the employee must possess all licenses and certifications required for the job and be physically and mentally able to perform the essential functions of the job, consistent with the Americans with Disabilities Act. Laid off employees will be allowed to attend the Medical Directors in- services and all renewal certifications classes required of CCEMS /FIRE employees if space is available. Said employees will not be financially compensated for their attendance. The laid off employee will be responsible to pay the fee of recertification (i.e. ACLS and BLS), if any. 25 fi ARTICLE 11 PROMOTIONS/REASSIGNMENT WITHIN UNIT Section 11.1 —Definition A promotion/reassignment is defined as either movement from a lower rank to a higher rank within the bargaining unit (i.e. Paramedic to Lieutenant /Company Officer) or movement into a specialty assignment (i.e., FTO, Med Flight, SORT). Promotions /reassignment to a rank or position outside the bargaining unit is not covered by this Agreement. Section 11.2 — Selection A. Promotions /reassignments are offered in an effort to recognize and reward an employee for permanent acceptance of increased responsibilities. 1. The selection process shall at least consist of the following components: a. Written Examination taken from materials published in a list to candidates 30 days prior to testing. b. An oral interview. B. Within five (5) days of the close of testing, a candidate list shall be posted listing the employees ranked in order of final results. The Chief may suspend a person's position on the list based on documented significant operational or training deficiencies. C. Following the initial promotions from the promotional list, the list shall remain active for a period of twelve (12) months or until all names have been exhausted. 26 16F3 , Section 11.3 — Pay Upon Promotion/Reassienment Upon promotion/reassignment to a classification with a higher pay grade, the employee shall receive at the County's discretion, a pay increase between one percent (1 %) and no greater than ten percent (10 %), which amount, shall not be less than the base salary of the new position, and shall not exceed the maximum pay of the new classification. 27 16F3 ARTICLE 12 HOURS OF WORK AND OVERTIME Section 12.1 — Work Schedule Regular full -time employees in the bargaining unit will work one of the following schedules: A. Twenty -four (24) hours on duty followed by forty -eight (48) hours off duty in a repeating rotating schedule. Non - seasonal units established after the date of this Agreement will be assigned to twenty -four (24) hour shift, within the limits of available staffing. B. Twelve (12) hours on duty followed by twelve (12) hours off duty with the number of days as scheduled by the County; provided that the current twenty -four (24) hour units will not be permanently converted to twelve (12) hour units during the term of this Agreement. Helicopter Pilots, employees assigned to seasonal, out -of- county transfer, special events, and inter- facility transport units may be assigned to shifts of less than twenty -four (24) hours. C. Eight (8) hours on duty for five (5) consecutive days. Section 12.2 — Overtime Pay Regardless of shift assignment. employees will be paid overtime as required by the Fair Labor Standards Act. Except as otherwise provided herein, leave time, whether paid or unpaid, will not be counted as time worked for overtime purposes. 28 I6F3 4 Section 12.3 — Overtime Assignment Overtime shall be awarded according to a Mandatory Overtime and Scheduled Overtime Distribution General Order. Employees shall have the ability on the EMS /FIRE scheduling program to elect the hours and /or specific portions of a twenty -four (24) hour shift or for a dedicated qualifying event they are available to work voluntary overtime. Employees may be mandated outside of those hours selected if management is unable to secure someone off the voluntary list, or the employee finds their own coverage. Section 12.4 — Maximum Continuous Hours At no time shall an employee be permitted to work more than fifty (50) hours in any rolling ( "continuous ") seventy -two (72) hour period, unless being held past the fifty (50) hour mark is due to a late call, or is the result of an emergency. The employee will be given a minimum of twelve (12) hours off following working 48 hours or 50 continuous hours. Should the employee choose to work a previously scheduled detail it will be permitted. Section 12.5 — Workweek The workweek will begin on Saturday and end on a Saturday 168 hours later. Section 12.6 — Early /Late Report Employees who are held over beyond their normal work shift shall accumulate hours worked in one - quarter hour increments rounded to the next nearest quarter hour. Employees called in to work earlier than normally scheduled in conjunction with a scheduled work day, shall 29 16F3 be paid in increments of one - quarter (1/4) hour. Employees who report to work late will receive no pay for the time missed, rounded to the nearest one - quarter (1/4) hour increment. Section 12.7 — Bargaining Unit Work Nothing in this Article or in this Agreement shall be interpreted as prohibiting or in any way restricting Collier County EMS /Fire non - bargaining unit members from performing bargaining unit work on a temporary basis. This Section will not be utilized to allow the County to subcontract out Units nor to permit replacement of bargaining unit personnel with employees of a partnership agency, except when the non - Collier personnel are working on County vehicles as part of the ALS Engine Program, Single Vehicle Response Program, SORT team, Interlocal Agreements, or other similar program. Section 12.8 — Pilot Assignment Helicopter Pilots who are unable to fly due to helicopter maintenance will report to work for their normal shift and be assigned other duties or flight work as assigned by the Chief for the duration of their shift, and therefore not suffer any loss of pay as the result of those conditions outside their control. Pilots may be utilized to assist the mechanic with the starts required for helicopter repair or perform other aviation- related duties. In the event the helicopter is out of service due to maintenance for periods longer than forty -eight (48) consecutive hours, Pilots may be provided alternative assignments as determined by the Chief, provided there is no training scheduled for Med Flight personnel during these extended periods when the helicopter is down due to maintenance. When Med Flight is unable to fly due to changes in the weather conditions, Pilots will remain assigned to their normal work hours and shall continue to report to H.O.C. to be available to run calls when the weather changes. cRi ARTICLE 13 —A SICK LEAVE Section 13.1– Eligibility 16F3 All regular and probationary employees shall be entitled to accrue and use accumulated sick leave with pay from the date of hire. Regular part-time employees do not accrue sick leave benefits. Section 13.2 – Accrual of Sick Leave A. Regular employees hired after September 30, 1993 shall accrue hours of sick leave on the following schedule: 40/42 -hour 3.69 hours per biweekly pay period 56 -hour 5.17 hours per biweekly ay period B. Regular employees hired on or before September 30, 1993, shall accrue hours of sick leave on the following schedule: 40/42 -hour 4.62 hours per biweekly pay period 56 -hour 16.47 hours per biweekly pay period C. Regular employees may accrue an unlimited number of sick leave hours throughout their County career. D. Employees hired from Constitutional Officer agencies without a break in continuous service or with 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 sick leave accrual rate with the County. 31 16F3 E. Sick leave shall be accrued on the basis of regular hours worked, earned vacation leave taken, earned sick hours taken, holiday hours, and military leave. F. Leave without pay and hours in excess of forty (40) hours, forty -two (42) hours, or fifty -six (56) hours average per week, as applicable, are excluded from sick leave accrual. Section 13.3 — Use of Sick Leave A. The minimum charge for sick leave shall be one half (1/2) hour units. B. Sick leave may be granted for the following purposes: 1. Personal illness or injury. 2. Employees assigned to eight (8) hour shifts may use sick time for appointments with medical, dental or other recognized practitioners for consultation or treatment when such appointments cannot be scheduled during non -work hours. Employees assigned to a twenty -four (24) hour shift may use sick leave for such appointments when a medical emergency exists. 3. Serious illness and /or disability in the employee's immediate family where the employee's presence is necessary to provide care, for up to two (2) 24 -hour shifts, or two (2) 12 -hour shifts, or three (3) 8 -hour shifts for any one incident. For purposes of this Section, immediate family is defined as spouse, children, brother, sister, parents, or loco parentis. 4. Disabilities arising out of pregnancy, childbirth, and recovery shall be treated as other temporary, non -job connected disabilities in terms of eligibility for sick leave, vacation, or leave of absence. 32 16F3 5. Employees must use all of their sick time prior to using short term or long term disability. C. Notification and Proof of Illness. 1. The employee shall be responsible for notifying the EMS Battalion Chief on duty or Chief Pilot two (2) hours or more before the start of the shift on each day of absence. Failure to provide timely notice will be cause for denial of sick leave pay for the period of time. 2. Upon management's request, employees may be required to supply proof of sickness, injury or disability, including that of the employees' spouse, loco parentis, child or parent and the appropriate proof that the employees' presence is required, by submitting, at their own expense, a prescription or receipt showing payment that medical services were rendered: (a) After five (5) non - consecutive sick leaves during any rolling 12- month period; or (b) When there is a pattern or practice of sick leave usage; or (c) When there is a basis to form a reasonable suspicion that the sick leave is being abused. The employee has the right to blackout personal information on the receipt, including the name of the medication. 3. When an employee has had an illness which requires hospitalization or results in absence from work for more than two (2) consecutive shifts or more than five (5) consecutive days, whichever is greater, the employee shall provide a doctor's note stating that the employee may return to work to be eligible for sick leave pay. 33 16F3 4. When out on leave for medical reasons, an employee is required to first use all accrued sick leave prior to using leave without pay. With management's approval, the employee may use vacation leave or compensatory time (pilots), if sick leave is exhausted prior to being placed on leave without pay. 5. In cases of accident or injury, a medical leave may be granted without prior notice. Section 13.4 — Sick Leave Pay Upon Separation A. Active employees of record who had a minimum of two (2) years of service as of August 2, 1996, had the balance of their sick leave calculated and given a dollar value as of the end of the workday of August 2, 1996, as follows: • Total hours sick leave accrued X percent allowed upon separation (see chart below) = hours to be paid. B. Upon separation, each employee's total accrued sick leave will be calculated and valued in the same manner again. Employees who are separated from County employment due to misconduct, job abandonment or violations of the Code of Ethics shall not be entitled sick leave pay upon separation. 34 YEARS OF SERVICE % PAID AT SEPARATION At least 2 years but less than 5 years 20% At least 5 years but less than 10 years 25% At least 10 years but less than 15 years 35% At least 15 years but less than 20 years 40% After 20 years 50% B. Upon separation, each employee's total accrued sick leave will be calculated and valued in the same manner again. Employees who are separated from County employment due to misconduct, job abandonment or violations of the Code of Ethics shall not be entitled sick leave pay upon separation. 34 16F3 C. No employee hired after August 2, 1994, shall receive payment for accrued sick leave upon separation. D. The maximum amount of sick leave hours that may be paid to an employee at termination is 1040 hours. E. Regular full -time employees who are laid off from County service shall have the option of receiving payment for sick leave at the time of layoff as provided in this Section or retaining eligible accrued sick leave hours for a period of six (6) months. F. In the event an employee is separated because of death, sick leave shall be paid in the final paycheck as calculated above. Section 13.5 — Attendance Incentive Plan The County's Attendance Incentive Plan in effect for all other County employees will continue to be available to bargaining unit employees. Any change in the Plan will be applicable to bargaining unit employees and is not subject to the grievance procedure. Section 13.6 — Sick Leave Bank The County shall establish an EMS /Fire Employee Sick Leave Bank separate from the County Sick Leave Bank for use by all Collier County Emergency Medical Services bargaining unit employees as outlined in this Section. A. An employee having used all of his /her vacation and sick hours due to absence resulting from a serious illness, accident or disability may receive a donation from the Sick Leave Bank as hereinafter provided. Employees out as the result of a worker's compensation injury may not be considered for Sick Leave Bank usage. To be eligible to participate, the 35 16F3 employee must be a regular full -time employee and have completed the initial probationary period. B. An employee must contribute initially at least eight (8) hours of accrued sick leave or vacation to participate in the Sick Leave Bank program. Donations to the Sick Leave Bank must be authorized by the employee by completing and signing the Sick Leave Bank Donation Form. The EMS /Fire Chief and the District 14 DVP will review the Sick Leave Bank balance and determine if sufficient time is available. Every year on October 1st, a notice will be sent to all employees requesting donations be made to the Sick Leave Bank. If donations are needed, employees who wish to continue their participation in the program will donate the requested time. The donated time will only be in eight (8) hour blocks. All participating employees will contribute the same number of hours. C. The EMS /Fire Chief or the District 14 DVP may request the establishment of a leave bank account for an employee. The request shall be submitted in writing to the Sick Leave Bank Committee, which shall consist of three (3) members: one bargaining unit member chosen by the District 14 DVP, one bargaining member selected by the EMS /Fire Chief; and the EMS /Fire Chief serving as the third Committee member. The written request shall be submitted to the Sick Leave Bank Committee, who shall then meet or communicate as soon as possible to review the request. The decision of the Committee will be final and not subject to the Grievance and Arbitration Procedure. D. Use of leave from the Sick Leave Bank shall not exceed three (3) calendar months. Exceptions to this rule, which would permit the approval of up to another three (3) months of Sick Leave Bank usage, can be approved by the Sick Leave Bank Committee. E. As long as the employee is in a pay status, the County will maintain its contributions to the health insurance program for that employee. 3 6 16F3 F. Employee donations to the Sick Leave Bank will not impact their eligibility for the Attendance Incentive Program. G. An employee receiving paid leave from the leave bank as a result of the employee's own serious health condition, defined as an illness, injury, or impairment, physical or mental condition, that involves inpatient care in a hospital, hospice, or residential medical care facility or requires continuing medical treatment by a health care provider shall be considered to be on medical leave. Such leave shall be counted against the employee's leave entitled in accordance with the Family and Medical Leave Act of 1993 (FMLA). 37 ARTICLE 13 — B PERSONAL LEAVE Section 13.1 -B Personal Leave 16F3 All full -time County employees will be eligible for sixteen (16) personal leave hours with pay per calendar year. A. The personal leave hours will be credited at the employee's time of hire. B. Personal leave hours shall not be accrued or be transferred to any other leave account and shall be forfeited by the employee if not used during the calendar year. C. Employees who resign, are laid off, or are otherwise separated or discharged from County Service shall not be entitled to be paid for any unused personal leave balance. D. The minimum charge for personal leave shall be in one half (1/2) hour units. E. Personal leave may be used by the employee to conduct personal business. Personal leave may be used to observe the Good Friday holiday, subject to attaining approval from the employee's supervisor at least two (2) weeks in advance from the day of the holiday. Staffing requirements and the ability to serve the public shall be considered in approving the leave request. F. Supervisors may require at least five (5) days advance notice if an employee wishes to use personal leave. 38 16F3 ARTICLE 14 VACATION LEAVE Section 14.1 — Accrual Employees shall accrue vacation hours according to the following schedule: LENGTHOFSERViCE YEARLY VACATION HOURS ACCRUAL PER PAY PERIOD WORKWEEK WORKWEEK 40 56 40 56 0 — end of 2 Years 80 120 3.08 4.615 3 — end of 6 Years 120 168 4.616 6.464 7 — end of 20 Years 160 240 6.152 9.23 21+ Years 200 288 7.616 11.08 Employees accrue vacation hours from their first day of full -time employment but are not eligible to use vacation time for the first six (6) months of their employment. The maximum number of vacation hours an employee is permitted to accrue is 480. Vacation leave in excess of 480 hours will be automatically converted to sick leave. If at the time of separation the employee has more than 320 hours of vacation only 320 hours will be reimbursed by the County. Section 14.2 — Selection Employees may select vacation dates for one or more shifts before December I" for the period February 1 through January 31 of the next year. Vacation dates shall be selected in this time frame shall be granted to employees based on seniority. 39 16F3 Section 14.3 — Maximum A. Except as hereinafter provided, the County shall allow up to six (6) 12/24 -hour bargaining unit employees off duty on vacation leave per shift; additional leave may be granted at the Chief's discretion. B. During the Holiday periods set forth in Section 14.6, only four (4) bargaining unit employees may be off duty on vacation leave per shift. Two additional bargaining unit employees may be allowed off -duty on vacation, provided they find their own coverage, with the Chief s approval. C. Pilots shall schedule vacation, with the approval of the Chief Pilot, provided that no more than one pilot, including the Chief Pilot, can be on vacation at any time. The Chief Pilot will select vacation first. D. Employees scheduling vacation time under this Section during the November to January period will be locked in for the dates granted as of February 1 st. Section 14.4 — Increments Vacation leave for 24 -hour shift employees must be taken in minimum of twelve (12) hours at any time if the County is to be responsible to locate and secure coverage for the employee. Employees on twelve (12) and eight (8) hour shifts can take vacation in six (6) or four (4) hour increments, respectively. Employees may use vacation in one (1) hour increments provided the employee finds their own overtime coverage. The employee working the overtime must agree to do so in writing. If the employee who agreed to work the overtime fails to work it for any reason, he will be charged one and one -half (1 1/2) vacation hours for each hour the employee failed to work, unless they find an acceptable replacement. In the event the employee scheduled to work the overtime fails to do so and provides a prescription or a doctor's receipt as 40 16F3 proof of illness, the employee will not be charged for the hours not worked. The Rules Governing Shift Exchanges and Procedures under Sections 18.8 and 18.3 respectively will apply to this Section. Section 14.5 — Vacation Pay Upon Separation Employees who are separated for any reason will be paid for accrued but unused hours, not to exceed 320 hours, at the employee's rate of pay at the time of separation. Section 14.6 — Vacation Leave During Holiday Periods No employee shall be granted vacation leave during the same holiday period in two consecutive years; unless no other employee requests vacation for the same period the second year. For the purposes of this Section, holiday periods shall be defined as follows: HOLIDAY VACATION PERIOD INCLUDED IN THIS SECTION Fourth of July Jul Is' through Jul 7` Thanksgiving Tuesday in November prior to Thanksgiving through the Sunday in November after Thanksgiving Christmas December 21s through December 28" New Year's December 29 ' through January 2" Employees who are granted vacation leave during one of the periods listed above will not be granted vacation leave in the same period in the following year, unless no one requests the shift during the annual vacation request period, then the process becomes first come first served. Section 14.7 — Shift Changes Employees who are required to change shifts by the County and who have been approved for vacation leave prior to the change of shift, will be granted the same time frame for vacation leave on their new shift. Vacation leave will be honored even if granting the leave causes more employees to be off for that period than is allowed in Section 14.3. Employees who are granted a shift exchange at the employee's request that had been approved for vacation leave prior to the 41 16F3 change in shift will be granted the same time frame on their new shift, provided there is a vacation slot(s) available. Section 14.8 — Use of Vacation for Sick Leave In addition to scheduled use under Section 14.3, with the prior approval of the Emergency Medical Services /Fire Chief or designee, accrued vacation leave may be used for uncovered portions of sick leave if all sick leave has been exhausted. Section 14.9 — Non - Scheduled Vacation Request A. Employees who submit requests for vacation outside the provisions of Article 14.2 shall be granted vacation on a first -come, first - served basis, subject to the limitations of Section 14.3. Requests under this Section must be received seven (7) days prior to the beginning of the shift for which the employee is requesting vacation. Any requests less than seven (7) days may be approved by the employee's Deputy Chief or designees. B. Employees experiencing last minute personal situations requiring immediate attention, may, with the approval of their Deputy Chief, utilize vacation time to handle the situation. Such approval may not exceed twenty -four (24) hours in length and must be taken in minimum one -hour increments. Deputy Chiefs may, at their discretion, require proof from the employee of the need for the last- minute vacation leave upon the employee returning to work. Section 14.10 — Chanee in Schedule Employees who are moved from a forty (40) hour per week schedule to a fifty -six (56) hour per week schedule, and vice versa, shall have their accrual rate for vacation leave hours adjusted either up or down as listed above, beginning with the first work day on the new 42 16F3 schedule. All accrued vacation hours earned and not yet used prior to the date of the shift change shall remain intact, unadjusted and available for the employee to use on an hour - for -hour basis per the guidelines of this Article. Section 14.11 — Vacation as Time Worked Time off on vacation leave will count as time worked for overtime purposes. Section 14.12 — Vacation Sell -Back Members of the bargaining unit are eligible to participate in the County's Vacation Sell- Back program. Section 14.13 — County Policy The County Administrative Procedure regarding vacation leave, holidays and all other leave, whether paid or unpaid, is not applicable to employees covered by this Agreement. Section 14.14 — Approved Leave Start Time An employee's approved leave, to include shift exchange begins at the end of the shift prior to an approved leave or shift swap. The leave or shift exchange must be in excess of 12 hours. 43 ARTICLE 15 LEAVES OF ABSENCE Section 15.1 — Leave of Absence 16F3 Upon written request from a regular full -time non - probationary employee and recommendation from the Emergency Medical Services /Fire Chief, the County, in its sole discretion, may grant a leave of absence, without pay, to regular, full -time employees for a maximum of three (3) months. Leave without pay will not be granted unless the employee has exhausted his /her vacation leave and compensatory time and, where appropriate, sick leave. No employee can work for another employer while on leave of absence from the County. Temporary and part -time employees are not eligible for leaves of absence under this Article. Section 15.2 — Purpose Such leaves are intended to be granted only for temporary disability, health, parental, education, military service or extenuating and extraordinary personal reasons. Section 15.3 — No Benefit Accruals Other than retaining the original date of hire, and except as otherwise provided by law, no benefits, including sick and vacation leave accrual, will accumulate during unpaid leaves of absence. 44 16F3 Section 15.4 — Insurance Benefits Other than leave under the Family Medical Leave Act ( "FMLA ") or as otherwise provided by law, if a leave of absence is granted, an employee's insurance benefits will be continued only if the employee remits to the County the total premium amount monthly that represents both the employee's and the County's share for insurance. The employee will be advised of the amount and date premiums are due. Insurance premiums for continuation of employee and dependent coverage for employees on leave will be paid by the employee and County consistent with County Policy. Section 15.5 — Return from Leave When the term of the leave of absence expires, the employee shall be reinstated to his/her original position when the vacancy for that position becomes available, if the employee complies with and meets all current requirements for the position. This may include practical and written testing as required by the County at its discretion and any other credentials or licenses, which may be required. Reinstatement following leave under the FMLA will be in accordance with the law, and the County retains the right to require returning employees to take any medical or other tests permitted by the FMLA. Employees returning from FMLA leave must meet the certification and license requirements and the testing required by the Emergency Medical Service /Fire Medical Director. Section 15.6 — Family Medical Leave Act ( "FMLA ") Leave Employees will be eligible for leave without pay under the FMLA as provided in that Act and regulations adopted there under. A notice advising employees of leave availability under the FMLA will be posted with other official County postings. Employees using leave under the 45 16F3 FMLA for his/her own serious health condition must first exhaust available sick leave prior to going on leave without pay, unless the absence is covered by the County's disability or worker's compensation insurance. Employees taking leave following the birth or adoption of a child beyond that which the employee's doctor considers medically necessary must use accrued vacation leave prior to going on leave without pay. Employees using leave under the FMLA to care for a child, spouse, loco parentis, or parent as required by the Act must use all accrued vacation leave prior to taking leave without pay. Section 15.7 — Compensation During Job - Related Injury Any employee with a job - related injury or illness will be eligible for workers' compensation based on applicable state law. The employee's workers compensation payments may be supplemented as provided by County policy. Section 15.8 — Temporary Assignment /Off Duty Injury or Illness An employee temporarily disabled as a result of any injury or illness that is released by the treating physician for restricted duty may be offered restricted duty by the County consistent with the physician's limitations. If offered, the employee must accept the restricted duty as a condition of continued employment. The County will determine the restricted duty to be offered and the length of the restricted duty assignment, which will not exceed the time when the employee reaches maximum medical improvement. Employees on temporary assignment will be paid their regular pre - injury straight time hourly rate for all hours worked, and may use sick leave and then vacation leave to supplement so that the employee receives their regular, pre - injury /illness pay. W 16F3 Section 15.9 — Referral To County Physician The County reserves the right to seek, at the County's expense, an independent medical opinion to the maximum extent permitted by the workers' compensation law, Family Medical Leave Act or Americans with Disabilities Act, as applicable. Section 15.10 —Administrative Leave The County reserves the right, at its sole discretion, to grant Administrative Leave with pay to allow employees to serve and train for such things as job - related Search and Rescue Teams, Disaster Response Teams; or in other situations as the County deems appropriate. If paid, the leave will be counted as time worked for overtime purposes. Section 15.11 — County Policy The County Administrative Procedures regarding leaves of absence will not apply to employees covered by this Agreement, except as specifically provided in this Article. Section 15.12 — Request for Personal Leave of Absence If an employee is unable to return to work after the 12 workweeks of FMLA leave, a 30- day personal leave of absence request form may be completed. A leave of absence request for a period of 30 days or less shall require prior approval from the Department Director and CCEMS /Fire Chief, and review by the Human Resources Director. This leave is not an extension of FMLA, does not offer job protection, and if granted, may be paid or unpaid. If time is available under an employee's accrued leave balances, employees may use this time to remain in paid status during this absence. 47 16F3 ARTICLE 16 BEREAVEMENT /JURY DUTY/WITNESS DUTY Section 16.1 — Bereavement A regular full -time employee may be granted, upon request, up to twenty -four (24) hours of bereavement leave with pay, due to the death in his /her immediate family and up to forty -eight (48) hours (two shifts) in the event the service is outside Florida. "Immediate family" shall mean father, mother, brother, sister, wife, husband, son, daughter, father -in -law, mother -in -law, stepfather, stepmother, stepson, loco parentis, stepdaughter, grandfather, grandmother, grandchildren, foster child, brother -in -law, sister -in -law, aunt, uncle, niece or nephew or other close relatives living with the employee. Leave in excess of the leave under this Section may be granted and, if granted, will be charged to the employee's accrued vacation leave or compensatory leave. If accrued vacation leave, or compensatory leave is not available, additional leave granted will be without pay. Employees with no available vacation or compensatory leave may also request leave through the sick leave bank process. In the event of an emergency illness of any of the above family members, the employee may take seventy -two (72) hours of emergency leave for serious illness or injury from their vacation leave with the approval of the Director or designee. The County reserves the right to require proof of relationship for use of bereavement leave. Section 16.2 — Jury Duty When a regular employee is required to serve on jury duty, the employee shall be relieved of responsibility for his or her regular work shift and the County shall pay the employee the 48 16F3 amount that would have been received at the employee's regular straight -time rate of pay had the employee worked the employee's regular work shift. All employees who are required to serve on jury duty shall report to their supervisor that they have been subpoenaed for jury duty within twenty -four (24) hours of receiving notice, when possible, but in no event later than the beginning of the next work shift. When an employee is released or is excused from jury duty for the remainder of a workday or permanently, the employee shall, as soon as possible, notify his or her supervisor of availability for work. Payments received by the employee forjury duty, except for meals, travel and lodging expenses, shall be endorsed to the County. Section 16.3 — Witness Dutv Any employee who, upon the request by and for the benefit of the County, is subpoenaed to any court proceeding involving the County, or is subpoenaed to appear in court in a civil or criminal matter in which the employee is not personally or monetarily interested, or is subpoenaed to appear for deposition in any matter related to their job duties with the County, shall be paid one and one -half (1 1/2) times his or her rate of pay for each hour spent off -duty in serving as a witness in trial or deposition. Payments received by the employee for witness duty, except for meals, travel and lodging expenses, shall be endorsed to the County. Court proceedings mean an appearance in court; it does not include any other appearance before any other tribunal, except for appearances on behalf of the County which arise out of the performance of duties as a Collier County EMS /Fire employee. An employee who appears in Court as a plaintiff, defendant or witness due to personal litigation will use accrued vacation leave or, if not available, will be on leave without pay. 49 16F3 Section 16.4 — Time Worked Paid court appearance leaves and depositions under this Article will be considered time worked for overtime purposes. Section 16.5 — County Policy The County Administrative Procedures regarding Bereavement, Jury Duty, Witness Duty and Court Leave will not apply to employees covered by this Agreement. 50 ARTICLE 17 1 6 F '" MILITARY LEAVE Section 17.1 — Reserve and National Guard Trainin¢ 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 the official orders, be granted leave with pay to the extent required by law. Such leave with pay shall not exceed seventeen (17) working days in any calendar year. 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 County Manager. Section 17.2 — 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 the thirty (30) day period, the County will supplement 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 period provided by County Policy. The County will continue to maintain the employee in full benefits status for the time frame specified above. Section 17.3 — 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 51 16F3 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. Section 17.4 — Reinstatement Upon discharge from active military service, an employee who wishes to return to County employment shall be reinstated in accordance with applicable law. 52 ARTICLE 18 16 F 3 SHIFT EXCHANGE Section 18.1 — Rules Governing Shift Exchanges The trading of time between regular full -time employees will be permitted in accordance with the following provisions: A. All exchanges will be as follows: EMT or Non - Credentialed Paramedic for EMT or Non - Credentialed Paramedic Credentialed Paramedic for Credentialed Paramedic ■ Pilot for Pilot • Employees assigned to a specialized position must exchange with an employee with the corresponding specialty. Exceptions may be allowed if the employee is not scheduled to be serving in the specialized role. • Employees who are promoted /demoted /reassigned outside of the above classifications, must complete scheduled shift exchanges within 60 days with any employee who is not within their new classification. B. Shift exchanges will be repaid within one (1) year of the original exchange. C. Employees will be responsible for all record keeping of exchanges as permitted by the Fair Labor Standards Act. D. Shift exchanges for employees reporting late for work will not be permitted. E. No overtime will be paid to cover station transfers involved with shift exchanges. F. Shift exchanges will be submitted 72 hours in advance utilizing the County's submittal process. Shift exchanges with less notice may be granted with prior approval. 53 16F3 Section 18.2 — Allowances A. Employees in all these classifications may exchange up to five (5) times per month. B. Only up to seven (7) employees may be off on shift exchange per shift. C. The County may reduce, adjust or remove shift exchange privileges for employees who are training, on probation or as a method of discipline, for just cause. D. At the EMS /Fire Chiefs discretion, the number of shift swaps permitted in sections A and B, may be increased. Section 18.3 — No Substitution Absent a personal illness, which requires the employee to be absent, an employee scheduled to work an exchange is not eligible for any type of leave in lieu of the exchange. Employees failing to work an approved shift exchange due to an illness (Per Article 13), or any other situation, excluding bereavement (Per Article 16.1), will be charged one and a half (1.5) hours of vacation leave for each hour the employee failed to work and may be subject to additional discipline. Section 18.4 — Monetary Loss The County 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. If an employee quits or is terminated and owes a shift exchange(s), the employee regularly scheduled to work will work, or arrange for another shift exchange. 54 ARTICLE 19 HOLIDAYS Section 19.1— Holiday Pay 16F3 Regular full -time employees assigned to a 12 -hour or 24 -hour schedule will receive 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 19.2 — Receipt of Pav The holiday pay will be included with the normal paycheck for the period which included the holiday. Section 19.3 — Holidays /40 Hour Week Employees working a 40 -hour work week who are scheduled to work one of the designated holidays above shall be granted the day off with pay. The County reserves the right to schedule employees working 40 -hour work weeks to work on a designated holiday. Forty hour employees who are required to work on a designated holiday shall be paid eight hours 55 6F3 holiday pay, plus time and one -half (1 '' /z) their current hourly rate for all hours worked. Holidays will be celebrated on the date designated as the holiday by the County Commission. 56 Page 57 was left out of the document A R it A W i O N d O u v N O N C 4+ u u 16F3 >� C C U � c b L. 4: 00 '00 '00 U U 'b w T T O � y C G Q Q M Y 0 N � U U Q U •C y R. 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C O ro V m 3 In o aCi o In U L C T ❑ � U C U .C41 LLL... ro � O cq ro G r�i� GL .b N N ro bA ro ro CW Q .n o ARTICLE 21 BENEFIT OPTION PLAN Section 21.1 — Coverage 16',3 All bargaining unit employees shall be eligible to participate in the Collier County Group Benefit Option Plan subject to the terms and conditions of the Plan as adopted by the Board of County Commissioners and as may be amended by the Board of County 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 County Commissioners for non- represented, non - exempt employees. The parties agree that, if there is any change in 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. The County agrees to bargain over the impact of any changes prior to implementation. Section 21.2 — Summary Attached A summary of the Benefits Option Plan will be given to each employee when hired; when the plan changes; and upon request. Section 21.3 - Formula for Benefits Employees' benefits for health insurance, short and long term disability, and life insurance will be based upon the formula of hourly rate X 3328 hours for bargaining unit members; with the exception of the helicopter pilots which is based upon 2288 hours. 59 16F3 Section 21.4 — Pre -Tax Deduction Employees shall continue to be permitted to participate in the current County IRS 125 plan that allows certain insurance and benefit costs paid by the employee to be taken out and paid "pre- tax." Section 21.5 — Federal Disability Benefit In the event an employee should receive an on -duty injury /illness which qualifies them for Federal disability benefits, or die in the line of duty, the County agrees to work closely with the employee's family and the Union in an effort to secure any and all benefits available under the Department of Justice Public Safety Officer Death/Disability Benefit. 60 ARTICLE 22 RETIREMENT PLAN Section 22.1 — Eligibility 16F3 During the term of this Agreement, eligible employees shall continue to participate in the Florida Retirement System. Section 22.2 — Contributions The County will contribute as required by the provisions of the Plan on behalf of eligible full -time and part-time employees. Section 22.3 — Other Deferred Plans 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 or 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. Employees participating in these programs or other deferred compensation plans shall have access to held funds under the rules and guidelines established by the Plan Administrator and the Internal Revenue Service. Both the County and the employee will be bound by the decision of the Plan Administrator. Im ARTICLE 23 TUITION REIMBURSEMENT Section 23.1 — Tuition Policy 16F3 The County will continue the current tuition reimbursement guideline as outlined in the County's Human Resources Handbook. CMA numbers 5325 (Training, Development, and Education) and 5344 (Tuition Assistance). Section 23.2 — Minimum Standards Training With the Chief's prior approval, full -time employees who enroll in and are accepted to attend Minimum Standards Fire Training may have all costs associated with tuition, registration, books and fees paid by the County. In return, the employee agrees to work as a Firefighter once they become State certified. In the event the employee voluntarily leaves their employment with Collier County within twenty four (24) months of course completion, or fails to become certified as a Firefighter following the minimum standards training, the employee shall reimburse the County all of the above costs. Said reimbursement shall be made in twenty -five percent (25 %) increments taken through payroll deduction from the next four (4) pay periods or from the employee's final paycheck. Section 23.3 — Tuition Reimbursement /Current EMTs Current full -time EMT's shall have all costs associated with tuition for the Paramedic Program and required prerequisites paid by the County in an amount not to exceed the standard tuition charge per credit hour for a State of Florida public college or institution. The amount of 62 16F.3 the tuition assistance paid will consist of the per credit hour for a State or public college /institution or the actual per credit charge incurred, whichever is less. In return the employee agrees to work as a Paramedic once they become State Certified. In the event the employee voluntarily leaves their employment with Collier County within twenty -four (24) months of course completion, or fails to become State Certified within twenty -four (24) months of beginning the program, the employee shall reimburse the County all of the above costs. The reimbursement will be taken in allowable deductions from the next four pay periods or from the employee's final paycheck. Section 23.4 — Specialized Trainine If the County has paid for training necessary for any employee to qualify for an incentive or specialty Program, the employee may not reject or withdraw from the assignment. If the employee leaves the County voluntarily within twenty -four (24) months of the date the training was completed, the employee will be required to reimburse all associated costs of the training to the County. The reimbursement will be taken in allowable deductions from the next four (4) pay periods or from the employee's final paycheck. Section 23.5 — Request to Withdraw From Specialty An employee may request to temporarily or permanently withdraw from a specialty position subject to the EMS /Fire Chiefs discretion, which will not be arbitrarily refused, subject to operational needs at that time. 63 ARTICLE 24 OUTSIDE ACTIVITIES Section 24.1— Conduct I6F3 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 manner so as to bring no discredit or unfavorable publicity to the County. Section 24.2 — Outside Employment An employee 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. If an employee has outside employment, the employee's primary obligation shall continue to be to the County and he /she shall arrange affairs accordingly. Before accepting outside employment of any kind, the employee must give a written notification to the Emergency Medical Services /Fire Chief, advising the Chief of the name, address and telephone number of the outside employer, and the nature of work performed. Outside employment must not prevent the employee from being mentally and physically able to work when the employee reports for duty with the County. 64 ARTICLE 25 BULLETIN BOARD SPACE 16F'3 The Union may provide a bulletin board at its expense not to exceed 2 ft. by 3 ft. Postings on the Union bulletin board will be restricted to: 1. Notices of Union meetings; 2. Notices of Union elections and results of elections; 3. Notices of Union recreational and social affairs; and 4. Notices of Union appointments and other official Union business. 5. Such bulletin boards shall not be utilized by Collier County for posting of any material. All notices shall be signed by the Union member prior to posting. No materials, notices or announcements shall be posted which contain anything of a controversial, political or offensive nature and which adversely reflects upon Collier County or Collier County Emergency Medical /Fire Services, the elected officials of Collier County or any Collier County employees. 16F3 ARTICLE 26 UNION BUSINESS AND UNION TIME BANK Section 26.1 — Establishment The County agrees to establish a Union Time Bank upon the ratification of this Agreement. Union members agree to contribute four (4) hours of accrued vacation leave time to the Union Time Bank on the first pay period in January if the balance is fifteen hundred (1500) hours or less, as of December I" (the month before). The hours will be taken unless otherwise notified by the Union by December 151 Section 26.2 — Use for Union Business The District 14 Vice President and /or his /her designees, may use hours from the Union Time Bank to attend regular monthly Union meetings, negotiation sessions, conventions and for other required Union business. If granted, leave shall be taken on an hour - for -hour basis. Leave will be allowed for up to three (3) employees when requested at least seventy -two (72) hours in advance in writing to the appropriate EMS /Fire Deputy Chief, with the Union responsible for filling those positions. Union Bank time, when utilized, shall be counted as productive hours for the purpose of overtime calculation. A request for leave of additional employees shall only be allowed when requested at least seven (7) days in advance in writing to the appropriate EMS /Fire Deputy Chief. All Union leave is subject to the limit of the number of slots available under Article 14. .. 16F3 Section 26.3- Use to Attend Committees Any District 14 member elected as a delegate or alternate to attend a convention shall also be permitted to use hours from the Union Time Bank to attend those conventions. The leave shall be taken on an hour - for -hour basis and shall be granted when requested seven (7) days in advance, exceptions may be made on a case -by -case basis. Section 26.4 — No Use After Bank Exhausted Leaves as listed above shall be granted from the Union Time Bank so long as hours remain in the Bank each calendar year. Once hours in the Bank are exhausted to zero, no leave shall be granted from the Union Time Bank until contributions are made to the Bank next January. It shall be the responsibility of the District 14 Vice - President to maintain a Union Time Bank log. Section 26.5 — Swan Time If no time remains in the Union Time Bank, the District 14 Vice President shall be allowed unlimited swap time for District 14 Union business directly related to Collier County. The County reserves the right to verify the Union business. The employee must attend all on- duty training, and must otherwise comply with all requirements of Article 18. Section 26.6 — Meeting Room The members of Local 1826, District 14, Collier County EMS /Fire, shall be granted space within the Collier County Government Complex or on other County -owned property to conduct membership meetings, to the same extent those rooms are made available for other not- 67 16F3 for - profit organizations. The Union will contact the Department responsible for the requested room to make arrangements for its use. There will be no Union meetings in EMS /Fire work areas. Section 26.7- Orientation Presentation The Union shall be provided one (1) hour of time after one of the normally scheduled days at the Training Academy. This orientation will be after hours and on the employee's own time. 68 ARTICLE 27 UNIFORMS AND EQUIPMENT Section 27.1 — Items Sugnlied by County 15F3 The County shall furnish all new full -time and part-time employees in job classifications Emergency Medical Technician, Paramedic, EMS Lieutenant, Paramedic- Firefighter, and Lieutenant Firefighter uniforms as set forth below: • Four (4) pair uniform pants • Two (2) uniform shirts • Two (2) Polo style uniform shirts (may be ordered if employee is not over their uniform allowance) • One (1) winter jacket (if requested) • One (1) pair boots • One (1) leather Velcro style no buckle belt • One (1) badge • One (1) Name Tag /Collar Brass • Two (2) Jumpsuits (see below) • Six (6) t- shirts23 (see below) • One (1) accountability name tag system • Four (4) pair uniform shorts (see below) • NFPA- approved PPE as required Section 27.2 — Use Requirement Employees are required to use all issued equipment, uniforms and boots as defined by SOP or general order and report to work in a clean and neat appearance. Employees must also report to work with a watch that contains a second counter. 1 Two (2) appropriate flight jumpsuits and one (1) flight helmet for employees assigned to Helicopter Operations. Pilots will be issued lightweight shoesiboots in lieu of the NFPA Safety Boots listed above, or may be given a shoe allowance to purchase Risk Management - approved black shoes. Pilots will also be provided with t- shirts, shorts and a winter jacket. 2Eight (8) t- shirts total and four (4) pairs of uniform shorts for employees assigned to the ALS Engine Program. 16F3 Personnel pagers and cell phones, if worn or carried while on duty, must be operated in the silent /vibrate mode and under no circumstances shall the phones be answered while on a call or utilized on a call unless the use has to do with patient care. Employees may not use their cell phones while driving a County vehicle. Other than going to and from work, uniforms cannot be worn off duty. Section 27.3 — Replacement The employees in the above classification(s) shall be provided regular replacement of uniforms as needed. Employees requesting equipment replacement may be required to exchange their old equipment in order to get it replaced. Employees may be required to pay for lost uniforms. Employees may also be required to pay or suffer discipline if equipment they are assigned is lost or damaged through intentional misuse, neglect, or abuse. Uniforms and personal protective equipment will be supplied immediately if it is available in supply and ordered as soon as possible if it is not. Employees in need of maternity uniforms shall be supplied two (2) uniforms as needed at no cost. Section 27.4 — Additional Uniforms A. Employees shall always be permitted to purchase additional approved uniforms as outlined in this Article from a supplier selected by the County, if the employee requires or desires uniforms in excess of those provided in this Article. B. The County will approve a lightweight jacket and cap. Employees may purchase the jacket and /or cap at their option and cost. 70 16F3 Section 27.5 — Cold Weather In extremely cold weather, employees shall be permitted to supplement their uniforms with long underwear bottoms, long sleeved shirts, turtle neck shirts, and sweat shirts. All items will be in navy blue, powder blue, grey, or white and shall be worn underneath the standard issue uniform. Section 27.6 — Jewelry Jewelry shall be permitted provided that visible items are in good taste and do not interfere with the employee's ability to provide patient care and does not create a safety hazard. Employees will be allowed to wear a necklace provided that it is tucked into their shirt. No visible piercing shall be permitted. Section 27.7 — Grooming Employees will maintain their hair in a clean and groomed condition. Employees who choose to have long hair shall keep it pulled back when responding to a call or when involved in patient care so as to prevent it from falling into an employee's face /eyes. Sideburns are permitted, not to exceed middle of ear length. Employees will be clean- shaven on duty. A mustache that does not come between the sealing surface of the face piece of the respirator and the face is permissible. Employees will keep their nails neat and well groomed to a length that will not interfere with their ability to safely perform their job. Nail polish may be worn, with the exception of black. Section 27.8 — Standard Oaeratine Procedures and Protocols 71 16F3 ■ Copies of the most recent collective bargaining agreement, SOGs, and Medical Protocol will be provided on the Intra -web. Section 27.9 — Bio Hazard Protocol Employees turning in uniforms for cleaning or disposal in accordance with the County Bio Hazard Protocol shall have the uniform replaced or returned within a reasonable time frame. If uniforms are being cleaned the employee can get a loaner uniform from supply. Section 27.10 — Additional Equipment /Certified Firefighters All employees certified as Firefighters and assigned to the ALS Engine Program shall receive the following protective equipment in addition to other uniforms and equipment outlined earlier in this Article. One (1) properly sized individual issue SCBA face piece with prescription eyeglass insert and lenses, if required. 2. One (1) SCBA (not individual issue but shall be provided only when the employee is assigned to firefighting duties). 3. Any other equipment regularly assigned to Firefighters assigned to suppression operations in the Fire Department where the EMS employee is assigned (i.e., rescue webbing, safety goggles, spanner wrenches, etc.). Section 27.11— Clothing in Quarters Between dusk and 8:30 a.m., employees in quarters awaiting call shall be permitted to wear County issue uniform shorts, County issue uniform t -shirts and casual footwear at a minimum. In addition, when employees are working out or washing or waxing or cleaning the vehicle, uniform shorts and t -shirts are permitted but the employee must be in dress uniform 72 16F3 when responding to a call. When responding to a call between 5:30 p.m. and 8:30 a.m., employees will be in their jumpsuit or bunker jacket and pants. Employees may also wear their jumpsuit when their second day uniform has been contaminated. 73 ARTICLE 28 MISCELLANEOUS Section 28.1 — Parking 16F3 The County will continue the current practice of providing parking within defined parking spaces. It may be necessary to move cars after the beginning of the shift. No parking of private vehicles in station bays will be allowed. No maintenance, of personal vehicles shall occur on County property, regardless of whether or not an employee is on or off duty. Section 28.2 — Work Duties Unless assigned duties, employees may rest, sleep, watch TV, etc., between the hours of 1200hrs and 0700 hrs. During the hours of 0830 and noon, employees should perform assigned vehicle /station duties, zone familiarization, study medical/ operational protocols, or community events. Radios will be monitored between 0700hrs and 2130hrs. Section 28.3 — Computers EMS /Fire County computers will only be used for County business. Personal computers may be used on duty, but they are not to use County peripherals. Section 28.4 — TVNideo Playback Device Between 0700hrs and 1200hrs the EMS /Fire provided or personal television and Video Playback Device may only be used for work - related purposes or to watch news channels. Between 1200hrs and 0700hrs the EMS /Fire provided or personal television and Video Playback 74 16F3 Device may be used for non -work related purposes, subject to assignment of work duties under Section 28.2 and emergency response. Section 28.6 - Station Visits Family members and friends are only permitted to visit employees at their duty stations between 1200hrs and 2000hrs, for a maximum of two (2) hours. Family members and friends are not allowed to remain at the stations when the EMS /Fire employee is not at the station. Section 28.7 — Use of Telephone Except as hereinafter provided, EMS /Fire telephone lines are for business use only: A. Absent unusual circumstances, such as an illness in the family, calls will be limited to three (3) per shift, limited to fifteen (15) minutes per call. B. Long distance telephone calls (long distance calls preceded by a "1" except for l- 800 or 1 -866 toll free type numbers) may not be charged to the County. Violations of this Article that result in a charge to the County may result in disciplinary action. Section 28.8 — Other No pornographic material may be possessed or viewed on County property. Section 28.9 — Electronic Media Nothing in this Agreement will prohibit the County from eliminating paperwork and using electronic media. 75 16F3 ARTICLE 29 HEALTH AND SAFETY Section 29.1 — Health /Safety Cooperation The County agrees to provide reasonable standards of safety and health in the Emergency Medical Services /Fire Department in order to eliminate accidents, deaths, injuries and illnesses in the Department. Health and safety is a joint responsibility; therefore, employees must follow all safety standards and utilize all satiety equipment provided. Section 29.2 — Presumptions Employees who suffer any condition or impairment of health caused by any of the following conditions shall be presumed to have been by accidental means and to have been suffered in the line of duty, unless the contrary can be shown by satisfactory evidence by the County: • Hepatitis A • Hepatitis B • Hepatitis Non -A • Hepatitis Non -B • Any other strain of Hepatitis generally recognized by the medical community • Pulmonary Tuberculosis • Meningococcal Meningitis Section 29.3 — Employee Assistance Program The County will provide an Employee Assistance Program with coverage consistent with the program provided for other County employees. All information relative to an employee's participation will only be recorded in a confidential file, with access limited as required by law. 76 6F 3 Section 29.4 — DebriefinH The County shall schedule defusing sessions and post- incident debriefing sessions with the County CISD team when requested by the employee involved in a significant on -duty medical - related incident. Units involved shall, when practical, be placed out of service until a replacement crew can be assigned or until such time as the crew is debriefed and cleared for duty. If released from duty for the remainder of the shift, the employee shall be compensated and the time will be charged to sick leave or paid Administrative leave. Section 29.5 — Tobacco Products Tobacco products (pipes, cigars, cigarettes, chewing tobacco, etc.) cannot be used in stations or in County vehicles while on or off duty. Use of tobacco products outside the station should not create litter. Any new employee will execute the "Non -Use of Tobacco Products Agreement" and will abstain from the use of all tobacco products while on and off duty. Section 29.6 — Physicals Physicals shall be offered on an annual basis to all bargaining unit employees. The Workplace Safety Committee shall make recommendations as to the requirements of those employee physicals. Section 29.7 — Safety Committee A. A Workplace Safety Committee shall be maintained to address issues of health and safety. The Committee will be organized as set forth in the Florida Administrative Code. 77 16F,3 B. The County will make reasonable efforts to provide and maintain safe working conditions in accordance with all applicable sections of the Florida Administrative Code. To this end, the Union will cooperate and encourage the employees to work in a safe manner and to utilize all personal safety equipment provided. C. Any recommendation or suggestion of the Workplace Safety Committee shall be presented to the Chief in writing for consideration. The Chief shall respond to the Committee in writing within fourteen (14) days of the receipt of the Committee's suggestion or recommendation. 78 ARTICLE 30 ALCOHOL AND DRUG TESTING Section 30.1 — Policv 16F3 The County prohibits the use, possession, transfer, sale and receipt of illegal drugs and narcotics at all times, whether on or off duty. The County prohibits the abuse of alcohol at all times, whether on or off duty. In addition, the County prohibits the use or possession of alcohol, or reporting to work under or being under the influence of alcohol while on duty. Section 30.2 — Reasonable Suspicion Testing 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 30.3 — Refusal to Test In the event an appropriate management official as defined in Section 30.2 above requests that an employee submit to a breath, blood, urine and /or other tests, and the employee refuses to 79 16 F submit to such test or tests, such refusal may result in disciplinary action, up to and including discharge. Section 30.4 — Search of Property In order to promote safety, health and security concerns, the Emergency Medical Services /Fire Chief and /or designee may search lockers, vehicles and other County -owned or supplied areas. The 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. All such searches shall be undertaken in the presence of a security officer employed by or under contract with the County. An employee's refusal to cooperate with or submit to a search may result in disciplinary action up to and including discharge. Section 30.5 — Prescription Drues 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 his /her 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. EMS /Fire Management shall have the option of requesting an independent medical evaluation from a Board Certified Physician to evaluate 80 16F3 whether the prescription medication interferes with the employee's ability to perform normal job functions. Section 30.6 — Cost of Drua/Alcohol Testine The cost of drug and alcohol screening tests required by the County will be paid by the County. Section 30.7 — Discipline 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 or is under the influence of illegal drugs or alcohol. Employees are also prohibited from reporting to work with the smell of alcohol on their breath. 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 30.8 — Conviction of Drug/Alcohol Offense Any employee who is convicted, pleads guilty or nolo confendre (no contest) to any criminal drug statute violation, or of driving under the influence of drugs or alcohol, 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 of 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 or other action, if any, is to be taken. 81 16F3 Section 30.9 — Other Testing The County reserves the right to initiate any other drug or alcohol testing, including random testing, upon 60 -days written notice to the Union and the employees. 82 16F3 ARTICLE 31 STATION FACILITIES Section 31.1 — Station Facilities To Be Equipped The County agrees that station facilities will be equipped as outlined in this Article. Section 31.2 — Minimum Equipment Each ambulance station shall be supplied with the following minimum equipment and supplies: ■ 1 twin bed per on -duty employee ■ 1 recliner per on -duty employee ■ All future EMS /Fire sleeping quarters will allow for separate, private sleeping rooms. • Air conditioning and heat • Microwave oven Coffee Maker • DVD player Full -size refrigerators for future facilities or replacement of currently existing units upon expiration ■ Dishes to include plates, drinking glasses, coffee cups, knives, forks and spoons Color television Telephone ■ Physical fitness equipment ■ Kitchen sink ■ Stove ■ Water service Bathroom with shower facilities Assorted cooking pans and utensils Electric service • Area for paperwork • Gear bag for personal protective equipment Electronic bulletin board (if used, limitations ofArticle 25 are applicable) One computer per unit with a mouse, keyboard, and one (1) printer per station ■ One (1) locker per employee assigned to that station daily. Lockers shall be of adequate size to accommodate the employee's bedding, uniforms, and personal belongings. 83 16FS The above equipment and supplies shall be supplied directly by the County in County -owned stations. If the Station is provided or owned by an agency other than the County, the County will make every reasonable effort to allow the employees the free use of the above equipment and supplies. The County and employees shall ensure that the equipment listed in this Section shall be maintained in good working condition. Section 31.3- Leaving Equipment at Station Employees may leave their bedding /and or bunker gear at the station they are assigned, with the understanding if those items are stolen it is the employees responsibility to replace those items at the employees' cost. Payments will be made over a six (6) month time frame to the County. The County will loan the employee bunker gear if there is bunker gear in supply that will fit the employee. No employee will be prohibited from working until their bunker gear is ready. Employees that choose to leave their bunker gear or other equipment at the Station are responsible for retrieving that equipment if they are moved to another station. Any employee must be notified of the move one (1) hour prior to shift to retrieve their gear. If retrieving their gear causes the employee to be late to their next station then the employee will not be paid for the time they are late. If an employee is not notified one (1) hour prior to shift and they arrive late to their next station there will be no penalty to the employee. 84 ARTICLE 32 STAFFING Section 32.1 — Station Location 16F3 The County retains the right to identify station locations for 24 -hour units that are different from those in effect on ratification date of this Agreement. Station location will be based on the County's determination on how to best meet the public's needs, and the County may close or change station locations or open new station locations, as the system's needs change. If a new County -owned station location is established, the County agrees to equip it as outlined in the Station Facilities Article. Section 32.2 — Starting Time All regular 24 hour ground transport units will have a universal starting time commencing at 8:30 a.m. Specialty programs will have a start time as determined by the Chief. Section 32.3 — Station Bids Station bids will be submitted between October 1 and October 15 based on Seniority as defined in Section 8.1. Station bids will be based upon date of hire, unless the employee participates in a specialty program; then bids are based upon date of entrance into the program. Bids will come into effect on January 1" of the following calendar year. Rotations and staffing will be based upon the needs of the County in a fair and equitable manner. 85 16F3 Section 32.4- Vacancies Employees who desire to move from one Division to another may put a request in writing and, as vacancies occur, those with the request will be considered for the vacancy. A. There will be no husband/wife or live -in crews. B. If possible, accommodations shall be made to keep husbands and wives employed by CCEMS on the same shift upon request. Consideration will also be given to allowing employees whose spouse works for another local agency to work the same shift. In addition, the EMS /FIRE Chief may extend the same shift accommodations to employees who share a close familial relationship. C. Accommodations will be made for employees who can demonstrate, in writing, a need for a specific shift due to childcare issues. Section 32.5 — ALS Engine Program Fire Department personnel may be assigned work duties on EMS /FIRE units. At no time shall Fire Department personnel replace CCEMS /FIRE bargaining unit positions. Section 32.6 — Station Assignments The bid system will be based on seniority and split into two (2) lists: Non - certified and Medical Director certified employees. Each employee will give a list of three (3) rotation choices to the District Vice President starting on midnight October 151 to midnight October 15`n The County agrees to post bids by e -mail by December 151. If an employee opts not to bid they will be put into a rotation to meet the operational needs of the County. Station rotations will be instituted by January 1 s` of each year. 86 ARTICLE 33 SPECIAL EVENTS Section 33.1 — Special Events 16F3 Employees scheduled to cover Special Events (i.e., football games, concerts, etc.) shall be provided all necessary equipment required to cover the event. Events requiring a dedicated EMS unit will first be staffed with volunteers who will be paid the appropriate straight- time /overtime hourly rate. If volunteers are not available and mandatory overtime is not required, the County may cover the Event with an on -line unit. Employees will cover special events assigned to them. 87 F ARTICLE 34 EDUCATIONAL INCENTIVES Section 34.1 — Mandatory Classes /In Service Employees required to attend mandatory classes or mandatory in- service training shall be paid at the appropriate straight- time /overtime rate of pay for each hour they attend class. Section 34.2 — Degree Incentive Pay All employees currently receiving degree incentive pay under the immediately preceding collective bargaining agreement shall be grandfathered in for the duration of this Agreement. 88 ARTICLE 35 LICENSURE Section 35.1 — Responsibility 16F3 Employees who are required to have current Florida State EMT or Paramedic certification shall, as a part of their job, be solely responsible for keeping the certification current as required by Florida law, with the exception of necessary C.E.U.s required for certification as an EMT or Paramedic. The County agrees to supply employees with copies of all paperwork showing proof of Continuing Education Hours obtained by the employee at In- Service Training classes offered by the County. This paperwork shall be supplied to the employee in such time as to allow the employee to get recertification paperwork to the State of Florida in the time required for recertification. Section 35.2 — Florida Driver's License Employees within the bargaining unit are required, as a condition of continued employment, to maintain a current appropriate Florida Driver's license and must comply with County Policy on Eligibility to Drive County Vehicles (CMA 5805). 89 16F3 ARTICLE 36 IN- SERVICE /CONTINUING EDUCATION TRAINING Section 36.1 — CPR/Advanced Cardiac Life Support Re- Certification Classes The County agrees to sponsor and conduct an American Heart Association CPR and Advanced Cardiac Life Support certification and /or re- certification class on -duty at least once every two years at no cost to the employees. The County agrees to make available to each employee attending the training all necessary textbooks required for all classes. Section 36.2 — In- Service Training The County agrees to offer in- service training classes at a location within the County. The classes will provide acceptable Continuing Education Units (CEU) for both EMT and Paramedic re- certification. These in- service training classes shall be offered so employees are able to attend while off duty. Employees shall be paid by the County at the appropriate rate for each hour spent attending in- service training classes. Due to the importance of the information contained in these educational opportunities, the Medical Director has set the following requirements: a) During the State of Florida two (2) year Paramedic /EMT re- certification period, all EMS employees must attend all educational opportunities. These classes are mandatory unless excused by the Medical Director or the EMS Chief, in writing. The County agrees to offer each in- service training at least six (6) times in an effort to be sure all EMS /Fire employees may attend. The County agrees to provide adequate notice of in- service training. The County agrees that 90 16F3 there may be instances, such as, illness, injury, or pre - scheduled time off when the employee may not be able to attend an in- service, in such cases the County agrees to record the training or provide equivalent training for personnel to be offered on a makeup day so that they have the number of hours necessary to re- certify. It is understood that there may be instances when the schedule needs to be changed, but accommodations will be made for employees who cannot attend due to the change in the schedule. b) Employees who arrive more than 15 minutes late or leave 15 minutes prior to the completion of the in- service will not receive CEU's or credit of attendance. It will be the employee's responsibility to sign in and out of the class. C) In order to ensure the highest level of attention to the speaker(s) and the Medical Director, children at the in- service are discouraged. Efforts will be made to notify employees as far in advance as possible of upcoming educational to allow time to address childcare issues. If an employee must bring a child to the class, he /she needs to be aware that if the child is being disruptive, the lead coordinator of the class may ask the employee and child to leave, at which time the employee will only receive credit for the time spent at the class. If an employee should be asked to leave, the employee will be able to complete the class at a later time, or participate in other training opportunities to make up the time missed. d) Attire Requirement: Casual dress will be permitted. No offensive dress will be allowed. When dressing for classes, employees should remember that these classes are held in public places and employees are officially representing the 91 16F3 department. e) Failure to meet the attendance requirement may result in disciplinary action to be taken, and may also include a meeting with the Medical Director or his designee for remedial direction. 92 ARTICLE 37 OUT -OF -TOWN TRANSFERS AND TRAVEL Section 37.1 — Mileage When authorized by the County to use their personally owned vehicles for official business or approved training, employees shall be compensated at the rate per mile in accordance with Federal regulations. Section 37.2 — Per Diem When traveling outside of Collier County on approved business for the County and not being paid their hourly rate of pay, employees shall be paid a per diem rate per day of travel /business equal to the amount set by Federal regulations. Section 37.3 — Out -Of -Town Transfers Employees sent on a vehicle for an out -of -town transfer (outside Collier County and Lee County) shall be provided the following: A. Money for tolls (reimbursed upon return when requested using the proper County form). B. Money or credit card for fuel purchases. C. Cellular telephone for emergency communications while outside Collier County. 93 16F3 ARTICLE 38 MEDICAL QUALITY ASSURANCE The Union and the County agree that Medical Quality Assurance is of paramount importance in assuring the citizens of Collier County receive the best possible level of Emergency Medical Pre - Hospital Care. The Union and the County also agree that the responsibility for assuring quality medical care rests jointly with the Collier County Medical Director, Collier County EMS /Fire Administration, and the employees. 94 ARTICLE 39 SAVINGS CLAUSE Section 39.1 — Savings I6F3 If any Article or Section of this Agreement should be found invalid, unlawful or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other Articles and Sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Section 39.2 — Re- Negotiation In the event of invalidation of any Article or Section, both the County and the Union agree to meet within thirty (30) days of such determination for the purpose of arriving at a mutually satisfactory replacement for such Article or Section. 95 16F3 ARTICLE 40 EMPLOYEE RECOGNITION AND REWARD PROGRAMS Section 40.1 — Participation in Programs All bargaining unit employees shall be entitled to participate in and receive all benefits (whether monetary or otherwise) of any longevity of service or other employee recognition and reward program that is provided to all other County employees. Section 40.2 — Right to Modify or Discontinue The Union recognizes and agrees that all such employee recognition and reward programs may be modified or discontinued by the County at any time for any reason and that the rights of bargaining unit members in this regard will be no different than those of all other County employees. 96 16F3 1 ARTICLE 41 LABOR/MANAGEMENT TEAM Section 41.1 — Labor / Manaeement Team The County will establish and coordinate a Labor Relations Team whose goal is to create an open dialog between EMS /Fire management and bargaining unit employees. The team is considered a venue for employees to express concerns, ideas and to facilitate positive change within the EMS /Fire organization and its practices. The Union and County shall each designate three (3) members. The team will meet quarterly, or more often upon agreement of the parties, and will be open to all bargaining unit employees. Discussion shall not be considered collective bargaining negotiations. 97 ARTICLE 42 DURATION Section 42.1 Termination 16 F 3 This Agreement will be in full force and effect as of the effective date of the ratification of this Agreement by the parties and shall remain in full force and effect until midnight, the 30`h day of September, 2012. Either party may elect to reopen the Agreement on a single Article each year, during years two and three of the Agreement, by providing the other side thirty (30) days advance notice in writing by May of each year. Either party may reopen negotiations for the 2012 -2013 contract year and beyond by giving the other notice of intent to reopen by May 1, 2012. Failure to give notice of termination and intent to reopen will result in this Agreement automatically renewing until notice is given during May of any subsequent year. 98 16F3 FOR COLLIER COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGH`!S E. BROCK OF COLLIER COUNTY, FLORIDA as "�►bs:4'nitn t yre i111,i* Date: April 13, 2010 Ap ed as to al orm and sufficiency: Scott R. Teach Deputy County Attorney THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE BARGAINING UNIT AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. Item # Agenda LA p Date Date Recd �l Deputy Jerk .. Fred W. Coyle, Chairman as "�►bs:4'nitn t yre i111,i* Date: April 13, 2010 Ap ed as to al orm and sufficiency: Scott R. Teach Deputy County Attorney THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE BARGAINING UNIT AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. Item # Agenda LA p Date Date Recd �l Deputy Jerk .. 16F3 FOR THE UNI N: Mike Hol binko, Vice President and Type or Print Name Licensed Bargaining Agent for Southwest Florida Professional Firefighters & Paramedics, International Association of Firefighters, Local 1826 1-117116 Dae 100 WITNESS: -?'2a -�14 By: ( La CV110V tc�iz Type or Print Name: 16F3 APPENDICES Appendix A — County Administrative Procedure 5805 — Eligibility to Drive County Vehicles Appendix B — County Administrative Procedure 5325 — Training, Development and Education Appendix C — County Administrative Procedure 5344 — Tuition Assistance 04- COA- 01030/334 101 APPENDIX "A" CMA # 5805 ELIGIBILITY TO DRIVE COUNTY VEHICLES § 5805 -1. Purpose. § 5805 -2. Background. § 5805 -3. Procedure. § 58054. Currency. § 5805 -5. Reference. Effective Date: October 1, 1998 (Revised: October 1, 2003)] § 5805 -1. Purpose. I6F3 The purpose of this Instruction is to provide specific criteria to employees and Supervisors regarding the eligibility of employees, new hires, and volunteers to operate County -owned motor vehicles. The goal of this policy is to identify drivers with adverse driving records in order to prevent losses from occurring and to preserve the County's defensive position should litigation occur. § 5805 -2. Background. The County Manager's Agency operates in excess of 450 automobiles at any given time. It is the policy of the agency to perform drivers' license background checks on all employees considered for hire and volunteers, and annual drivers' license background checks on current employees. Standards for acceptable driving have been established within the Risk Management Department and are used as the basis for determining an employee's acceptability to operate a County vehicle. § 5805 -3. Procedure. A. Employees, volunteers, and other persons who may be afforded the use of a County vehicle shall be subject to the following standards. No employee shall be allowed to drive a County vehicle without meeting the standards set forth in this section. Individuals who may drive a County vehicle must possess the following: (1) A current, valid Florida driver's license with full privileges (not suspended or revoked). (2) A Florida driver's license with a license class sufficient to cover the vehicle being driven. (3) A driving record that meets County driving standards. B. Driving Standards: Any employee who fails to meet the following standards due to traffic offenses or accidents within the past three years shall not be allowed to drive a County vehicle. This three -year period shall run from the date of discovery of the offense to either the date of conviction or the date of final disposition or date classified as "adjudication withheld." "At- fault" shall mean that the employee was involved in an 5805:1 09- 15 - 2007 16F3 OFFICE OF COUNTY MANAGER ADMINISTRATIVE § 5805 -3 PROCEDURE § 5805 -3 infraction or accident while operating a motor vehicle and that the employee was cited and convicted of the offense. "Adjudication withheld" shall mean that the employee has been cited with an offense and a fine has been assessed even though a conviction has not been recorded. Offenses with a final record of "adjudication withheld" shall be considered the same as an offense if a fine is assessed. The completion of traffic school or any other educational program by the employee shall not remove the offense from consideration, even if points have been removed. These standards apply to moving violations only and do not apply to offenses related to equipment or insurance violations; however, employees whose licenses are suspended for insurance violations will not be permitted to drive until their license is reinstated. These standards are as follows: (1) Any combination of at -fault accidents or moving violations totaling three. (2) One or more serious violations as outlined below. (3) Two at -fault accidents involving County vehicles in three years. C. Serious Violations: (1) Driving under suspension, cancellation, or revocation of a license. (2) Failure to stop and render aid during an accident involving injury/death. (3) Failure to stop and report an accident (4) False accident report/perjury. (5) Fleeing or eluding police. (6) Homicide, manslaughter, or assault with a motor vehicle. (7) Leaving the scene of an accident. (8) Obstructing an officer. (9) Reckless driving. (10) Refusal to comply with a lawful police /fire department order. (11) Illegal possession of alcohol or drugs. (12) Illegal activity with a motor vehicle. (13) Permitting unauthorized operator to drive. (14) Refusal to submit to chemical test. (15) Unlawful use or display of a license. D. Driving Under the Influence: Employees convicted of driving under the influence shall be suspended from driving County vehicles until such time as their regular, valid drivers license is restored or for a period of six months, whichever is longer. A work permit does not constitute a regular, valid driver's license. Driving- under- the - influence charges which are pled to a lesser charge such as reckless driving shall be considered as the same 5805:2 09-15-2007 16F3 § 5805 -3 ELIGIBILITY TO DRIVE COUNTY VEHICLES § 5805 -3 offense for the purposes of this provision. Employees convicted of driving under the influence shall also be required to complete a state - approved driver training program and shall present such proof to restore eligibility. However, an employee whose driving record contains a conviction for driving under the influence plus any other moving violation shall have their driving privileges suspended until such time as all violations exceed three years from the conviction date. E. Accidents Involving County Vehicles: Employees who are involved in a serious accident involving a County vehicle and are found to be at fault may have their driving privileges revoked regardless of their overall driving record. A serious accident includes first- or third -party property damage, which exceeds $25,000, or bodily injury to a third party, which exceeds $50,000, or any combination thereof, which exceeds $75,000. The Risk Management Director or his/her designee shall make a recommendation to the County Manager to revoke the employee's driving privileges. Revocation of privileges will be effective upon the County Manager's approval of the recommendation. F. Motor Vehicles Record Checks: The Human Resources Department shall obtain a motor vehicle driving record on applicants being considered for employment (new employees) with Collier County. The standards within this Code shall be used as the basis for evaluating an applicant's eligibility for employment based upon their driving record. In addition to this initial driving background check, the Risk Management Department shall request a motor vehicle driving record on every current employee at least once each year. Written notice regarding the finding of an unacceptable driving record will be forwarded to the current employee's Supervisor and the Human Resources Department. No notice will be sent regarding those persons whose driving records are acceptable. G. Supervisor Responsibility: A Supervisor shall notify the Risk Management Department and Human Resources Department as soon as he /she become aware that an employee under his/her supervision does not meet the requirements of this policy. A Supervisor who is aware that an employee does not meet these standards shall not allow that person to drive a County vehicle. Supervisors shall be responsible for enforcing the prohibition of a driving privilege. Supervisors shall have the option of placing affected employees in a non - driving capacity. Additionally, Supervisors shall be responsible to report to the Human Resources Department an employee's failure to meet acceptable driving standards. H. Administrative Proceedings: Employees who fail to meet the driving standards as outlined in this Instruction may face administrative disciplinary proceedings in addition to the loss of their driving privileges. Employees who are required to drive as part of their employment may be subject to transfer to a non- driving position, demotion, or termination depending upon the availability of alternative positions and/or other circumstances pertaining to their loss of driving privilege. Such determination shall be made by the employee's Supervisor in cooperation with the Human Resources Department and pursuant to Human Resources Practices and Procedures or other applicable Administrative Code(s). The County Manager shall have the authority to make exceptions to the standards contained within this Code and/or their consequent administrative remedies on a case -by -case basis. Requests for such an exception shall be made in writing by the employee and/or the employee's Supervisor and shall be copied to 5805:3 09- 15-2007 OFFICE OF COUNTY MANAGER ADMINISTRATIVE 1 6 (- 3 § 5805 -3 PROCEDURE § 5805 -5 the Risk Management Director and the Human Resources Director. The County Manager may also make exceptions which exceed the standards of this policy. 1. Reinstatement of a Driving Privilege: The privilege to drive a County vehicle shall be reinstated at such time as the affected current employee's driving record meets the standards as set forth in this policy. The Risk Management Department shall review as necessary the records of those current employees prohibited from driving County vehicles and shall notify the Supervisor of the current employee and the Human Resources Department at the time such driving privileges are reinstated. § 58054. Currency. The Risk Management Department is responsible for maintaining the currency of this Instruction. § 5805 -5. Reference. Collier County Personnel Ordinance, Ordinance No. 2001 -50: The County will provide a policy for specific practices and procedures for the enforcement of the safe operation of County vehicles. Further, this policy will establish procedures for employees to formally acknowledge and accept responsibility for operating County motor vehicles. 5805:4 09- 15-2007 APPENDIX "B" 1 6 i!. ^ 3 CMA # 5325 TRAINING, DEVELOPMENT AND EDUCATION [Effective Date: October 1, 1998 (Revised: October 1, 2003; Revised: April 1, 2006; Revised: May I, 2009)] § 5325 -1. Purpose. The purpose of this Instruction is to provide for the continuation of a training, development and education procedure authorized by the County Manager. § 5325 -2. Concept. It is the practice of the County to encourage employees to pursue training, development and educational opportunities, which will improve the competency level of employees and benefit the County. A. Training, Development and Education: (1) Training, development and education programs should provide appropriate resources for employees and supervisors. The intent of this type of training, development and education is to improve the competency level of employees, not to enable employees to reach the minimum requirements of their current job. All such programs must be job related. (2) "Graining, development and education" refers to both internal and external training programs such as, but not limited to, non - credit college courses, seminars, conferences, and workshops, trade association and user groups with a formal training component, and various on- the -job training /development strategies. Every attempt should be made to meet our employee's training /development needs in -house through internal means. (3) If approved training, development and /or education workshops cannot be conducted in- house, Collier County may pay, through the employee's departmental budget, 100% of all incurred costs for pre- approved training, development and /or education programs. (A) The Department Director and /or Division Administrator have the authority to approve training based on departmental budget considerations and required levels of staff expertise. B. Orientation: (1) Opportunities for employee orientation are provided to ensure employees are knowledgeable about County practices, procedures, and operations. The Human Resources Department will provide new -hire processing to include pertinent Human Resources practices and procedures. (2) Supervisory personnel will conduct department orientation to discuss department operations and rules. Page 1 of 3 CMA # 5325 C. In -House Training: 16F3 (1) Training is provided in -house to meet specific organizational needs. Such training may include, but is not limited to, supervisory training, customer service skills and policy /procedure training. (2). To register for in -house training, employees should register using Go Sign Me Up, http: / /bccsg101Ol.bcc.colliergov.net/gosignmeup/ D. External Training: (l) When the combined costs for program fees and any related travel cost are less than $1,000.00 and overnight travel is not required, the request must be made in writing via e -mail or memo to the employee's supervisor and pre - approval must be obtained from the Department Director or the Division Administrator, as appropriate, prior to commitment of payment and program attendance. (2) When the combined costs for program fees and any related travel costs are equal to or exceed $1,000.00 or if overnight travel is involved, pre- approval must be obtained via the PRE- APPROVAL FOR EXTERNAL TRAINING form.I Pre - approval must be obtained from the Department Director or the Division Administrator, as appropriate, prior to commitment of payment and program attendance. Additionally, upon return from the training, employees must complete the POST TRAINING REPORT portion of the pre - approval form (or prepare a memo or report containing all the required information from the POST TRAINING REPORT) and submit this form to their immediate supervisor no later than 2 weeks after returning from the training unless an extension is approved by the Division Administrator. (3) When the request for training involves out -of- county travel, all provisions of the Business Travel CMA 5310 must also be met. (4) If the Division Administrator requires the employee to reimburse the County for the cost of the training and related expenses, if the employee should voluntarily separate from County service within 12 months following receipt of training, the employee must sign a Training Costs Reimbursement Agreement indicating acceptance of this provision prior to attending the training. (Refer to CMA 5322, Separation.) E. Work Hours: (1) If an employee performs work related to their current position, while in training status, determination of what constitutes working hours will be governed by the Fair Labor Standards Act. § 5325 -3. Currency. The Human Resources Department is responsible for maintaining the currency of this Instruction. Page 2 of 3 16F3 CMA # 5325 § 5325 -4. Reference. Collier County Personnel Ordinance, Ordinance No. 2001 -50: Training and Education: It is the policy of the County to encourage employees to pursue training and educational opportunities which will improve the competency level of employees and benefit the County. Page 3 of 3 TRAINING, DEVELOPMENT AND EDUCATION C'MA 5325 Attaehment 1 PRE - APPROVAL FOR EXTERNAL TRAINING PARTICIPANT INFORMATION Name: Date: Title: Department: Telephone: Supervisor's Name: Budget Code: FUND COST CENTER OBJECT CODE PROGRAM INFORMATION Course Name/ Program Title: (Attach copy of program brochure, course description, etc.) Offered By: Date: Location: Time: Registration / Tuition Fees: $ Estimated Travel Costs: PROGRAM OBJECTIVES Competencies /skills expected to be obtained: Value/benefit expected to be returned to the Department /Organization: APPROVALS Supervisor: Date: Department Director: Date: Division Administrator: Date: 16F3 CMA 5325 Attachment 1:1 09- 15-2007 16F3 OFFICE OF COUNTY MANAGER ADMINISTRATIVE PROCEDURE POST TRAINING REPORT'k PARTICIPANT INFORMATION Name: Date: Title: Department: Supervisor: PROGRAM INFORMATION Course Name/ Program Title: PROGRAM OBJECTIVES Explain if and how expectations were met ?: What value /benefit will be returned to the Department/Organization as a result of your participation in this training ?: Please provide details of how the value /benefit will be applied back on the job: (discuss methods, audience, etc. to redeliver content.) Due no later Than 2 �veek:s after returning /from !raining. CMA 5325 Attachment 1:2 09 -15-2007 16F3 TRAINING, DEVELOPMENT AND EDUCATION Training Costs Reimbursement Agreement Name: Department: Course /Training: Certification or License to be obtained: Date of Course: Pursuant to County Manager's Agency (CMA) Instruction 5325, 1 agree to reimburse the County for the cost of this training, and related expenses, should I separate from County service within 12 months, on a prorated basis following receipt of this training. Employee Signature: Date: Department Director: Date: Division Administrator: Date: cc: Human Resources Personnel File CMA 5325 Attachment 1:3 09 -15-2007 APPENDIX "%" CMA # 5344 1 ` F 3 TUITION ASSISTANCE [Effective Date: October 1, 1997 (Revised: March 31, 2001; Revised: October 1, 2003; Revised: January 1, 2005; Revised: April 1, 2006; Revised: May 1, 2009)] § 5344 -1. Purpose. The purpose of this Instruction is to provide for the continuation of a tuition assistance procedure authorized by the Board of County Commissioners. § 5344 -2. Concept. A. Tuition Assistance: (1) Tuition assistance will only be utilized for required courses that are part of an approved degree program related to the employee's current job functions. (2) The maximum tuition assistance paid shall not exceed the standard tuition charge per credit hour for a State of Florida public college or institution. The amount of the tuition assistance paid will consist of the per- credit hour for a State of Florida public college /institution or actual per- credit charge, whichever is less. An employee will be reimbursed for a maximum of six credit hours per semester. (3) Processing of tuition payments will occur in the order they are received. (4) To qualify for tuition assistance, the following conditions must be met: (a) Degree programs approved for tuition assistance must relate directly to the employee's present job and enhance the knowledge, skills and abilities used in that job. (b) Courses must be taken from a fully accredited college, university or trade school. Charges for a seminar program, workshop, non - credit course, or non - degree- related course are not reimbursable under this policy. Please refer to the Education /Training Instruction for information on such programs.l (c) For approval, intended courses of study must be otherwise unavailable under state or federal government sponsored programs. Veterans seeking tuition assistance must provide sufficient proof that alternate funding is not otherwise available. If equivalent training is offered through County- sponsored training, the employee will be expected to utilize the County- sponsored training first. (d) Requests for tuition assistance2 may be made after six months of employment. Tuition assistance will be paid to regular full -time employees and regular part- time employees scheduled for 30 or more hours a week, who have successfully completed their initial probationary period. I . Editor's Note: See CMA 5325, Training, Development and Education. 2. Editor's Note: The Application for'I'uition Assistance is included at the end of this CMA. Page I of 2 16F3 CMA # 5344 (e) The courses and curriculum must be approved by the employee's Department Director and Division Administrator prior to the commencement of classes and reviewed by the Human Resource Director or designee. Tuition assistance requests for degree programs and respective courses approved by the Human Resources Director will be submitted to the Clerk of Courts for processing. (f) Elective courses that are not job - related are not eligible for assistance. (5) The County will pay 100% of tuition expenses, up to a maximum of six credit hours per semester subject to the standard tuition charge per credit hour, including laboratory fees, if any. The employee must receive a passing grade of "C" or better in order to receive assistance. For graduate level courses, a passing grade of "B" or better shall be required in order to receive assistance. (a) Evidence must be verified prior to tuition assistance being paid and shall include tuition receipts, a certified transcript of grades, and any other documents as deemed appropriate by the Human Resources Director. (b) The employee shall disclose any other tuition aid received from government sources prior to receiving tuition assistance from the County. (c) Should the employee separate from County service within 12 months following receipt of tuition assistance, he /she shall reimburse the County for all tuition assistance received. (6) Employees must take courses that will not interfere with their job responsibilities or their normal working hours. If time off is required to attend courses during an employee's working hours, it shall be without pay, unless prior arrangements have been made for the employee to work an equivalent, substitute workday(s); or an employee may use accrued vacation or compensatory leave. Such actions will require prior approval by the County Manager or designee. The County will not grant any other paid time off for an employee to take educational courses. (7) It is the responsibility of the employee to provide the Human Resources Department with timely submission of all the required material for processing tuition assistance. § 5344 -3. Currency. The Human Resources Department is responsible for maintaining the currency of this Instruction. § 5344 -4. Reference. Collier County Personnel Ordinance, Ordinance No. 2001 -50. It is the policy of the County to encourage employees to pursue educational opportunities that will be beneficial to both the employees and the County. Page 2 of 2 OFFICE OF THE COUNTY MANAGER ADMINISTRATIVE PROCEDURE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPLICATION FOR TUITION ASSISTANCE 16F3 NOTICE TG A1PPLHCANTS: To qualify for tuition assistance, your course must be approved prior to enrollment. Tuition Assistance will not be provided for mileage, textbooks or other study materials. A maximum of six (6) credit hours per semester may be reimbursed. MAXIMUM TUITION ASSISTANCE SHALL NOT EXCEED THE STANDARD TUITION CHARGE PER CREDIT HOUR FOR A STATE OF FLORIDA PUBLIC COLLEGE OR INSTITUTION. 1. Employee's Name: Department: Veteran: ❑ Yes ❑ No Cost Center: 2. Name of School: 3. Degree program: 4. Course Information: Date: Position: Object Code: 654310 Course Start Date: (please attach verification of degree being sought) 109 16F3 5. Please explain how this course work enhances the knowledge, skills and abilities relating to the official duties you perform in your present position. (Attach a statement answering this requirement. Please be very specific. The tuition assistance request will not be processed unless the statement is attached.) I have read the tuition assistance requirements and agree to furnish the Human Resources Department with an official transcript or official grade report upon satisfactory completion of the course. I understand that if I drop the class or fail to obtain a passing grade of "C" or better for undergraduate courses and a "B" or better for graduate courses, tuition assistance will not be paid. I further agree to reimburse the County for all tuition assistance received if 1 resign from the County service before twelve (12) months following receipt of the tuition assistance. Employee Signature: 6. APPLICATION APPROVAL Department Director: Division Administrator: Human Resources Director 7. TUITION ASSISTANCE ACTION Enrollment Date: Passing Grade Achieved: Amount of tuition assistance $ Completion Date: YES ❑ NO ❑ Date: Date: Date: Date: (ATTACH COPY OF OFFICIAL TRANSCRIPT OR FINAL REPORT TO THIS FORM) Finance pre -audit 110 Approved