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EMS Union Contract ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routingjines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. (Enter your Dept here) 3. County Attorney Office County Attorney Office q 6- � 5 aq 4. BCC Office Board of County CH by MB Commissioners [s] 2/16/2Y 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Madison Bird Phone Number 2939 Contact/Department Agenda Date Item was 2/13/24 Agenda Item Number 16F2 Approved by the BCC Type of Document(s) EMS Union Contract Number of Original Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Does the document require the chairman's signature?(stamped unless otherwise stated) MB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by MB the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney.) 4. All handwritten strike-through and revisions have been initialed by the County Attorney MB Office and all other parties except the BCC Chairman and the Clerk to the Board. 5. The Chairman's signature line date has been entered as the date of BCC approval of the MB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is uploaded to the agenda. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on_2/13/24_and all changes made N/A is not during the meeting have been incorporated in the attached document. The County cf (,IPIO an option for Attorney Office has reviewed the changes, if applicable. this line.__ _ 9. Initials of attorney verifying that the attached document is the version approved by the /A is not BCC, all changes directed by the BCC have been made, and the document is ready for the di61/0 n option for. Chairman's signature. phis line. Please email a completed copy to Madison.Bird@Colliercountyfl.gov I: Forms/County Forms/BCC F 26.05,2.24.05; 11/30/12;4/22/16;9/10/21 STATE OF FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION SOUTHWEST FLORIDA PROFESSIONAL FIRE FIGHTERS & PARAMEDICS, LOCAL 1826 - INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, INC., Petitioner, Case No. EL-2023-006 (Relates to RC-2022-024) v. Order No.: 23E-085 COLLIER COUNTY BOARD OF COUNTY Date Issued: May 30, 2023 COMMISSIONERS, Respondent. VERIFICATION OF ELECTION RESULTS AND CERTIFICATION OF EXCLUSIVE COLLECTIVE BARGAINING REPRESENTATIVE A secret ballot election was conducted April 20, 2023, through May 11 , 2023, in the following unit: INCLUDED: All full-time employees in the classification of EMS Battalion Chief. EXCLUDED: EMS Chief, Assistant Chief (Division Director— EMS Operations), Deputy Chief (EMS Division Chief), EMS Captains, Battalion Chief Flight Program Manager MedFlight, Director of Maintenance MedFlight, Director of Operations MedFlight Pilot, and all other employees of Collier County. The election results are as follows: 1 . Approximate number of eligible voters 11 2. Void ballots 0 3. Votes cast for Petitioner 11 4. Votes cast against participating organization 0 5. Valid votes counted 11 6. Challenged ballots 0 7. Valid votes counted plus challenged ballots 11 8. Challenges are not sufficient to affect the results of the election Certification 2054 EL-2023-006 (Relates to RC-2022-024) The Commission VERIFIES the results of the election conducted April 20, 2023, through May 11 , 2023. Petitioner (OR-1986-275) received a majority of the valid votes plus challenged ballots. Pursuant to section 447.307(3)(b), Florida Statutes (2022), the Commission CERTIFIES the Petitioner as the exclusive bargaining representative for employees in the unit described above. Certification Number 2054 is issued to the Petitioner. This order may be appealed to the appropriate district court of appeal. A notice of appeal must be received by the Commission and the district court of appeal within thirty days from the date of this order. Except in cases of indigency, the court will require a filing fee and the Commission will require payment for preparing the record on appeal. Further explanation of the right to appeal is provided in sections 120.68 and 447.504, Florida Statutes (2022), and the Florida Rules of Appellate Procedure. It is so ordered. RUBOTTOM, Chair, AARON and SASSO, Commissioners, concur. I HEREBY CERTIFY that this document was filed and a copy served on each party on May 30, 2023. A.A. lei.% BY: ' . : f Clerk /ia COPIES FURNISHED: For Petitioner Erin F. Medeiros, Esquire For Respondent Mark E. Levitt, Esquire 2 SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS&PARAMEDICS LOCAL 1826/I.A.F.F.,INC 12651 McGregor Blvd• Suite 2-203 •Fort Myers, Florida33919(239)334-8222 • (239)334-8240 •Fax: (289)790-2715 E-mail: www.local1826.com PRINCIPAL OFFICERS HENRY GARCIA President TIM JONES Vice President ERIC ROBERTS January 16, 2024 Secretary/Treasurer ANGELA YOUNG Field Representative Director Michael Choate DISTRICTS DISTRICTS I&16 Collier County EMS Fort Myers 8075 Lely Cultural Parkway DISTRICT2 Naples, FL 34113 Lee Co.EMS DISTRICTS 3&15 Director Choate, Fort Myers Beach DISTRICT 4 The Southwest Florida Professional Fire Fighters and Paramedics, Local 1826, IAFF, North Fort Myers Inc. is proud to announce that District 27,Collier County Battalion Chiefs, have ratified their Collective Bargaining Agreement dated October 1, 2023 through DISTRICT 5 South Trail September 30,2026. DISTRICTS 6&19 Lehigh Acres DISTRICT 7&25 Iona McGregor DISTRICT 8&26 Sincerely, Tice Dn� ["",.��ee.� DISTRICT 9&21 ('. - /C�l6Q4z San Carlos Park DISTRICT 10&22 Eric Roberts Lee Co.CFR Secretary/Treasurer DISTRICT 11 IAFF Local 1826 Estero DISTRICT 12 Cc: 27th DVP Bowman Bayshore DISTRICT 13 Pine Island DISTRICT 14&27 Collier Co.EMS DISTRICT 17 Sanibel DISTRICT 18&20 Fort Myers Shores DISTRICT 23 Hendry Co.EMS DISTRICT 24 Alva Affiliated with:INTERNATIONAL ASSOCIATION OF FIREFIGHTERS Florida Professional FireFighters CONTRACT BETWEEN COLLIER COUNTY BOARD OF COMMISSIONERS AND SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS & PARAMEDICS LOCAL 1826 - DISTRICT 27 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, INC. TABLE OF CONTENTS Article 1 Preamble Page 3 Article 2 Recognition Page 5 Article 3 Management Rights Page 6 Article 4 Strike Prohibition Page 9 Article 5 Non-Discrimination & Dues Deductions Page 10 Article 6 Seniority Page 14 Article 7 Grievance & Arbitration Page 16 Article 8 Personnel Reduction Page 21 Article 9 Staffing & Overtime Page 23 Article 10 Bereavement/Jury Duty/Witness Duty Page 26 Article 11 Personal Leave Page 28 Article 12 Sick Leave Page 29 Article 13 Vacation Leave Page 36 Article 14 Leaves of Absence Page 40 Article 15 DMAT/Military - USERRA Leave Page 45 Article 16 Shift Exchange Page 47 Article 17 Holidays Page 49 Article 18 Wages and Incentives Page 51 Article 19 Benefit Option Plan Page 54 Article 20 Retirement Plan Page 56 Article 21 Tuition Reimbursement Page 57 Article 22 Outside Activities Page 58 Article 23 Union Business Page 59 Article 24 Uniforms and Equipment Page 62 Article 25 Miscellaneous Page 66 Article 26 Health and Safety Page 68 Article 27 Alcohol and Drug Testing Page 71 Article 28 Station Facilities Page 72 Article 29 Station Assignments Page 74 Article 30 Education, Training and Off Shift Meetings Page 76 Article 31 Out of Town Transfers and Travel Page 79 Article 32 Medical Quality Assurance Page 80 Article 33 Savings Clause Page 81 Article 34 Discharge and Discipline Page 82 Article 35 Employee Recognition and Rewards Programs Page 84 Article 36 Labor/Management Team Page 85 Article 37 Duration Page 86 Appendices Page 88 Page 2 ARTICLE 1 PREAMBLE Section 1.1 —Parties 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 aforementioned goals and agrees it will cooperate with the County through its agents and designated stewards by Page 3 supporting the County's efforts to achieve a fair day's work employees covered by this Agreement, to actively combat absenteeism, slowness, and all other practices by employees which restrict or tend to restrict productivity. Page 1 4 ARTICLE 2 RECOGNITION Section 2.1 —Unit Description 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-2022-024, Cert. No. 2054, May 2023. The appropriate bargaining unit is comprised of full-time employees in the following classifications: INCLUDED: All full-time employees in the classification of EMS Battalion Chief. EXCLUDED: EMS Chief,Assistant Chief(Division Director—EMS Operations),Deputy Chief (EMS Division Chief), EMS Captains, Battalion Chief Flight Program Manager MedFlight, Director of Maintenance MedF light, Director of Operations MedFlight Pilot, and all other employees of Collier County. Page 15 ARTICLE 3 MANAGEMENT RIGHTS Section 3.1 —Specific Rights 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 thereof, including the right to alter or vary past practices as may Page 6 be necessary for the orderly and efficient operation of the EMS/Fire, shall 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. 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 Page 17 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 Local 1826 Principal Officers and District VP, 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 Principal Officers 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 designee. Section 3.6—Impact Bargaining 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. Page 8 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 l , 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—Work Requirement In justice and fairness to the County and persons which are served, all employees shall report to work on time, not leave early unless authorized, be prompt in reporting to their assigned duties, and faithfully perform their duties. Section 4.4—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 the law, petition a Court of competent jurisdiction for appropriate injunctive relief. Page 19 ARTICLE 5 NON-DISCRIMINATION & DUES DEDUCTIONS 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. Section 5.3—Authorization 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 5.4—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. Page 110 Section 5.5—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 5.6—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 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 5.7—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 I of this Article and who authorize deduction of dues by executing Exhibit I. Section 5.8—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 5.9—Limitation on Deductions No deductions will be made at any time for any monies representing fines, fees, penalties, or special assessments. Page 1 1 Section 5.10—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. Section 5.11 —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 5.12—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 5.13—Good and Welfare Fund A good and welfare fund may be established with a portion of Union dues collected for Local 1826/I.A.F.F., Inc., District 27 members. Page 12 ARTICLE 5 -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 _...... SAP# 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 Inc. from wages. NAME —_.... DATE SAP# SIGNATURE Pagel 13 ARTICLE 6 SENIORITY Section 6.1 —Definition Seniority is defined as continuous, regular service as a 24-hour Battalion Chief based on their promotional date. The Chief or designee will establish and maintain the Seniority List. If two or more employees have the same promotional date, the date of hire shall serve as the determining factor,and if two or more have the same date of hire, a random number draw with the highest number prevailing as the most senior. (If the County moves to a test format for selection of Battalion Chiefs, the test score shall serve as the first tie breaker.) Section 6.2—Calculation of Seniority In computing an employee's seniority, the following periods of time shall be included: 1. Approved leaves of absence. 2. Vacation periods. 3. Periods of temporary layoff for a regular employee up to six (6) months. 4. Periods of illness or accident up to one ( 1 ) year. 5. Qualifying periods of service in the Armed Forces of the United States. 6. Leave granted under the Family Medical Leave Act. Section 6.3—Loss of Seniority Unless otherwise stated, an employee shall be terminated and shall lose all accumulated seniority if: 1. He/She voluntarily quits. 2. He/She is discharged and not reinstated. Pagel 14 3. He/She has been continuously laid off for a period of more than six (6) months. 4. He/She fails to return to work on the date designated in a notification to return to work following layoff. 5. He/She fails to return to work at the end of any period specified in Section 8.2. Section 6.4—Annual Seniority List The County shall provide by October 1st of each year a seniority list of 24-hour Battalion Chief employees. The seniority list shall be based as previously defined in this article. Unless otherwise specified within the Agreement, 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. Section 6.5—Veterans' Preference Seniority for Lay-off and Recall Veterans' Preference will apply in all layoffs and recalls. The preference will be as follows: for each full year of active military service the employee will receive one (1) month credit toward the calculation of seniority. Page j 15 ARTICLE 7 GRIEVANCE AND ARBITRATION PROCEDURE Section 7.1 —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 7.2—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 may be amended or supplemented once by the union after the submission at Step I 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. Section 7.3—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 Page j 16 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 7.4—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 and Local 1826 will receive written notice of the time and place of the meeting. Section 7.5—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. Page 17 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 7.6—Steps Grievances shall be processed in accordance with the following procedures: STEP 1: The grievant or designee shall present in writing his/her grievance to the Chief of EMS 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 in the most effective manner. The chief 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 chief to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 2. STEP 2: If the grievance is not settled at Step 1, the grievant or designee, within seven (7) calendar days of the answer in Step 1, may present it to the Director of Public Safety. The Director of Public Safety shall investigate the alleged grievance and may conduct a meeting with the grievant. The Director of Public Safety shall notify the aggrieved employee of the Pagel 18 decision no later than seven (7) calendar days following receipt of the grievance at Step 2. Failure of the Director of Public Safety to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 3. STEP 3: If a grievance, as defined in this Article, has not been satisfactorily resolved within the grievance procedures, the union or bargaining unit member may file for arbitration no later than seven (7) calendar days after the response is received. Section 7.7—Arbitration Whenever the aggrieved employee requests arbitration in accordance with the provisions of Section 8.6, 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 7.8—Rules Applicable to Grievance/Arbitration The following general rules are applicable to this Article: 1. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreement. 2. 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. Page 119 3. The arbitrator shall have only the power to rule on grievances arising under this Agreement, as defined under Section 8.2 and which comply with the requirements of Section 8.4, Section 8.5, and the time limits established by this Article. 4. The arbitrator shall determine each dispute in accordance with the terms of this Agreement. 5. The arbitrator shall not receive into evidence nor rely upon any past practices that occurred prior to the date of execution of this Agreement. 6. 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. 7. There is no duty to arbitrate any grievance where the factual basis of the grievance occurred prior to the execution of this Agreement. Section 7.9—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 7.10—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. Page 20 ARTICLE 8 PERSONNEL REDUCTION Section 8.1 —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: 1. Conduct/disciplinary record for the last thirty-six(36)months of current employment term, with exclusion of Records of Conversations (ROC's); 2. Attendance record for the last thirty-six(36)months(excluding workers compensation and FMLA); and 3. Seniority: As between two employees, if the County, in its sole discretion, determines factors 1 and 2 are relatively equal at the time of layoff, seniority shall prevail. Section 8.2—Recall Recall will be in reverse order of layoffs. No new bargaining unit employees will be hired or promoted 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 five (5) business 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. Page 21 Section 8.3 —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. Page 22 ARTICLE 9 STAFFING & OVERTIME Section 9.1 —Normal Staffing Normal staffing will be four (4) Battalion Chiefs per 24-hour shift. Shifts are identified as either A, B or C Shifts with twenty-four (24) hours on duty followed by forty-eight (48) hours off duty in a repeating rotating schedule. Section 9.2—Minimum Staffing In order to account for leave,the minimum staffing for each shift will be three(3) Battalion Chiefs. If staffing falls below three (3), the county will fill openings as described in Sections 9.4, 9.5 and 9.6. Section 9.3—Overtime Pay Regardless of shift assignment, as required by the Fair Labor Standards Act (FLSA), all bargaining unit employees will be paid overtime (hours worked in excess of 40 hours per work week) at 1.5 times their hourly rate. Only vacation, sick leave, personal leave,jury duty leave and bereavement leave will be counted as time worked for overtime purposes. With prior approval of management, an employee may substitute compensatory time at the same 1.5 rate in lieu of overtime pay, provide the employee does not have non-productive time in the work week. In accordance with Florida Statutes, employees may accrue a maximum of 240 hours of compensatory time per calendar year. Unused, accumulated compensatory time will be paid out to employees upon separation, upon transfer to an exempt position,or in the last check of the calendar year. Page 123 Section 9.4—Overtime Assignment Overtime may be used to fill and maintain four (4) Battalion Chief positions per shift as described below, in the order listed. All overtime assignments must be approved by the Chief or designee. 1. Offer voluntary overtime to Battalion Chiefs. a. Vacancy will be offered to all Battalion Chiefs normally assigned to the same zone. b. Vacancy will be offered to all Battalion Chiefs. 2. Consider "move-up" of a Local 1826, District 14 Battalion Chief Intern, if there is no mandatory overtime in the field; then, 3. Offer voluntary overtime to Local 1825, District 14 Battalion Chief Interns, if there is no mandatory overtime in the field; then, 4. Leave 4th Battalion Chief position vacant for the shift. If staffing of Battalion Chiefs drops below three (3) in a shift, mandatory overtime of Battalion Chiefs should be used to fill the vacancy in order to maintain minimum staffing. Section 9.5—Assigning of Mandatory Overtime In the event that a minimum Battalion Chief vacancy cannot be filled as described in 9.4, mandatory overtime will be assigned as follows: 1. On duty Battalion Chief with the least recent overtime assignment will be mandated. 2. The mandated employee may choose to cancel any future scheduled voluntary overtime if the mandated hours cause him/her a hardship. 3. A Battalion Chief cannot be mandated if scheduled to be off duty on their following shift. Page 24 Section 9.6 — Maximum Continuous Flours To assist in reducing fatigue and help ensure rested personnel and safe operations, at no time shall a Battalion Chief be permitted to work more than fifty (50) hours within any rolling ("continuous") seventy-two (72) hour period unless being held past the 50-hour hour mark is due to a late call (2 hour maximum) or is the result of a declared state or local emergency. The employee will be given a minimum of 12 hours off duty following working 50 continuous hours. Should the employee choose to attend training, or work on administrative duties, it will be permitted. Except in cases of an emergency declared by local, state or federal government, an employee cannot be recalled to return to work outside of their normally assigned work schedule. Section 9.7—Workweek The workweek will begin on Saturday and end on a Saturday 168 hours later. Section 9.8—Early/Late Report Employees who are held over beyond their normal work shift shall be paid for all hours worked, in accordance with the Fair Labor Standards Act (FLSA). Section 9.9—Bargaining Unit Work Nothing in this Article or in this Agreement shall be interpreted as prohibiting Collier County EMS/Fire non-bargaining unit members from performing bargaining unit work on a temporary basis if overtime is unable to be filled. This Section will not be utilized to allow the County to subcontract out units nor to permit replacement of bargaining unit personnel. Page 25 ARTICLE 10 BEREAVEMENT/JURY DUTY/WITNESS DUTY Section 10.1 —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, personal leave or compensatory leave, If accrued vacation leave, or compensatory leave is not available, additional leave granted will be without pay. The County reserves the right to require proof of relationship for use of bereavement leave. Section 10.2—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 amount that would have been received at the employee's regular 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 Page 126 for work. Payments received by the employee for jury duty, except for meals, travel and lodging expenses, shall be endorsed to the County. Section 10.3—Witness Duty 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(l 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. Section 10.4—Time Worked Paid court appearance leaves and depositions under this Article will be considered time worked for overtime purposes. Section 10.5—County Policy The County Administrative Procedures regarding Bereavement, Jury Duty, Witness Duty and Court Leave will not apply to employees covered by this Agreement. Page 127 ARTICLE 11 PERSONAL LEAVE Section 11.1 —Personal Leave All full-time bargaining unit employees will be eligible for forty-eight (48) personal leave hours with pay per calendar year. 1. The personal leave hours will be credited at the employee's time of hire. 2. 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. 3. 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. 4. The minimum charge for personal leave shall be in one half(1/2) hour units. 5. Personal leave may be used by the employee to conduct personal business. 6. Supervisors may require seventy-two (72 hours) advance notice if an employee wishes to use personal leave. Page 128 ARTICLE 12 SICK LEAVE Section 12.1 —Eligibility Bargaining unit employees shall be entitled to accrue and use accumulated sick leave with pay from the date of hire. Section 12.2—Accrual of Sick Leave 1. 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 6.47 hours per biweekly pay period 2. 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 pay period 3. Bargaining unit employees may accrue an unlimited number of sick leave hours throughout their County career. 4. Employees hired from other Collier County Divisions and/or any Collier County Constitutional Officer agencies with a break in service of less than 30 days may transfer their accumulated sick time. The date of hire with the other Collier County Division and/or Collier County Constitutional Officer agency shall determine the sick leave accrual rate. 5. Sick leave shall be accrued based on regular hours worked and any paid leave taken. Page 29 Section 12.3—Use of Sick Leave 1. Sick leave shall be productive for the purposes of wages and overtime. 2. The minimum charge for sick leave shall be one half(1/2) hour units. 3. Sick leave may be granted for the following purposes: 1. Personal illness or injury. 2. For appointments with medical, dental, or other recognized practitioners when such appointments cannot be reasonably scheduled during non-work hours. 3. Serious illness, injury and/or disability in the employee's immediate family where the employee's presence is necessary to provide care. For purposes of this Section, immediate family is defined as spouse, spouse's parents, children, stepchildren, brother, sister, parents, stepparents, or loco parentis. 4. Disabilities arising out of pregnancy, childbirth, and recovery to the extent considered medically necessary by a physician shall be treated as other temporary, non job connected disabilities in terms of eligibility for sick leave, vacation, or leave of absence. 5. Employees must use all of their sick time prior to being eligible to use short-term or long-term disability. 6. In lieu of sick leave, the County may, upon request, grant paid Administrative Leave for any employee who is prevented from working due to County enforced public health isolation, quarantine or infection precautions. Section 12.4—Notification and Proof of Illness 1. The employee shall be responsible for notifying Battalion Chief 80 via voice phone call, two (2) hours or more before the start of the shift on each day of Page 30 absence. Additionally, the employee will be required to notify their supervisor via voice phone call or text message two (2) hours or more before the start of the shift on each day of absence. Failure to provide timely notice will result in deduction of sick leave time for two (2) hours of no call-in prior to starting time and for any time missed during assigned shift hours prior to notification. 2. Employees will be required to supply proof of sickness, injury or disability, including that of the employee's family as described in Article 12.3, Section 3c by submitting, at their own expense, a prescription or receipt with employee name and date noted on receipt showing payment that medical services were rendered. a. After seven (7) non-consecutive sick leaves during any rolling 12-month period; b. When there is a pattern or practice of sick leave usage; c. When there is a basis to form a reasonable suspicion that the sick leave is being abused; d. Mid-shift vacancies, if there is a pattern of overuse or abuse; or e. If an employee calls in sick on an unapproved vacation day. The employee will be notified by their next scheduled shift of their need to provide documentation related to their absence. The employee will be entered as leave without pay until the requested physician's note is received and approved by the Chief or designee. The employee has the right to black out personal information the prescription or 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, Page 131 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. The third consecutive shift or sixth consecutive day will be entered as leave without pay unless a doctor's note is provided. 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 written notice to management, employees may use vacation leave or compensatory time if sick leave is exhausted prior to being placed on leave without pay. Section 12.5—Sick Leave Pay Upon Separation 1. 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: o Total hours sick leave accrued X percent allowed upon separation (see chart below) = hours to be paid. 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% 2. 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. Page 32 3. No employee hired after August 2, 1994, shall receive payment for accrued sick leave upon separation. 4. The maximum amount of sick leave hours that may be paid to an employee at separation is 1040 hours. 5. If eligible for payment of sick leave at separation, regular bargaining unit 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. 6. If eligible for payment of sick leave at separation, in the event an employee is separated because of death, sick leave shall be paid in the final paycheck as calculated above. Section 12.6—Attendance Incentive Plan The Attendance Incentive Plan will allow hours of sick leave to be converted to vacation hours as described below: Annual Sick Leave Hours Used Amount of llours to he Converted 0 up to l 72 1 up to 24 48 25 to 48 24 Section 12.7—Sick Leave Bank The County shall establish a Battalion Chief Leave Bank separate from the County Sick Leave Bank for use by all District 27 Collier County Emergency Medical Services bargaining unit employees. 1. 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 donations from the Sick Leave Page 133 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 employee must be a bargaining unit member. 2. An employee having used all of his/her vacation and sick time resulting from an immediate family member's serious illness, accident or disability may receive donations from the Sick Leave Bank as herein provided. 3. An employee must contribute initially at least eight (8) hours of accrued sick leave, personal 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. 4. Every year in October, a notice will be sent to all employees requesting donations be made to the Sick Leave Bank. Employees who wish to continue their participation in the program must fill out the form every year and 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. After annual donation, an accounting report of the Sick Leave Bank will be provided to the Sick Leave Bank Committee and District 27 DVP. 5. Establishment of the Sick Leave Bank Committee will be described below: 1. One (1) Bargaining unit member chosen by the District 27 DVP 2. One (1) Bargaining unit member chosen by the EMS/Fire Chief 3. The Chief or his/her designee The Chief will select their bargaining unit member upon initial ratification of the contract for a 12-month term. District 27 DVP will select their bargaining unit member upon initial Page 134 ratification of the contract for a 24-month term. After initial terms, both selected members' terms will be 24 months. 6. The Chief or designee or the District 27 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. The written request shall be submitted to the Chief or designee, who shall then meet or communicate with the Sick Leave Bank Committee 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. 7. Use of leave from the Sick Leave Bank shall not exceed 240 hours. Exceptions to this rule, which would permit the approval of up to another three (3) months or 720 hours of Sick Leave Bank usage, can be approved by the Sick Leave Bank Committee. The Sick Leave Bank Committee shall have the right to review all previous sick leave hank usage when reviewing a request for use. 8. As long as the employee is in a pay status,the County will maintain its contributions to the health insurance program for that employee. 9. Employee donations to the Sick Leave Bank will not impact their eligibility for the Attendance Incentive Program. 10. 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). Page 35 ARTICLE 13 VACATION LEAVE Section 13.1 —Accrual Employees shall accrue vacation hours according to the following schedule, based on date of hire with Collier County EMS: Yearly Vacation Hours Accrual Per Pay Period Length of Service Work Week Work Week 40 56 40 56 0 through end of 2 years 80 120 3.08 4.615 3 through end of 6 years 120 168 4.616 6.464 7 through 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. 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 13.2—Selection Employees may select vacation dates for one or more shifts before December 1st for the period February 1st through January 31st of the next year. Selections for the following holiday time frame must be submitted via email to the supervisor prior to December 1st for the next year's period. These emailed requests will be entered prior to any submissions entered by the employee into the scheduling system. Vacation dates selected in this time frame shall be granted to employees based on Article 6's definition of seniority. Page 36 Section 13.3 —Maximum 1. Except as hereinafter provided, the County shall approve up to one (1) employee on vacation leave per shift; additional leave may be granted at the Chiefs or designee's discretion. Any additional requests will be considered by the EMS Chief or designee based on operational needs and available staffing. 2. Employees on swap, personal leave and union leave shall not count against the number of employees off on vacation per shift. Section 13.4—Increments Vacation leave for 24-hour shift employees must be taken in minimum of twelve(12)hours at any time if the County (Battalion Chief completing the schedule) is to be responsible to locate and secure coverage for the employee. 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 through the scheduling system. If the employee who agreed to work the overtime fails to work it for any reason, he or she 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 proof of illness,the employee will not be charged for the hours not worked. Section 13.5—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 13.6—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: Page 137 Holiday Vacation Period Included in this Section Independence Day July 1st through July 7th Thanksgiving Tuesday prior to Thanksgiving through the Sunday after Thanksgiving Christmas December 21 st through December 28th New Year's Day December 29th through January 2nd 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 13.7—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 13.3. Employees who are granted a shift exchange at the employee's request that had been approved for vacation leave prior to the change in shift will be granted the same time frame on their new shift, provided there is a vacation slot(s) available. Section 13.8—Use of Vacation for Sick Leave In addition to scheduled use under Section 13.3, with the prior approval of the Chief or designee, accrued vacation leave may be used for uncovered portions of sick leave if all sick leave has been exhausted. Section 13.9—Non-Scheduled Vacation Request 1. Employees who submit requests for vacation outside the provisions of Article 13.2 shall be granted vacation on a first-come, first-served basis, subject to the limitations of Section Page 38 13.3. Requests under this Section must be received five (5) days prior to the beginning of the shift for which the employee is requesting vacation.Any requests less than five(5)days may be approved by a supervisor. 2. Employees experiencing same-day personal situations requiring immediate attention, may, with the approval of the Chief or designee, 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(1)hour increments.The Chief or designee may,at his/her discretion,require proof from the employee of the need for the last-minute vacation leave upon the employee returning to work. Section 13.10—Vacation as Time Worked Time off on vacation leave will count as time worked for overtime purposes. Section 13.11 —Vacation Sell-Back Members of the bargaining unit are eligible to participate in the County's Vacation Sell Back program. Section 13.12—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 13.13—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. Page 139 ARTICLE 14 LEAVES OF ABSENCE Section 14.1 —Leave of Absence Upon written request from a regular full-time non-probationary bargaining unit employee and recommendation from the 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. Section 14.2—Purpose Such leaves are intended to be granted only for temporary disability, health, parental, education, military service or extenuating and extraordinary personal reasons. Section 14.3—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. Section 14.4—Insurance Benefits Other than leave under the Family Medical Leave Act ("FMLA"), the Americans with Disabilities Act (ADA), 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. Page 140 Section 14.5— Return from Leave When the term of the leave of absence expires, the employee shall be reinstated to his/her original position in compliance with Federal law, if the employee complies with and meets all current requirements for the position and has been released to return to duty without restrictions. Reinstatement following leave under the FMLA and/or ADA 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 and/or ADA. 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 14.6—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 FMLA for his/her own serious health condition may choose to first exhaust available sick leave prior to going on leave without pay. Employees taking leave following the birth or adoption of a child beyond that which the employee's doctor considers medically necessary may choose to 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 may choose to use accrued vacation leave prior to taking leave without pay. Section 14.7—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. The County agrees to establish a Workers' Comp Page 141 Leave Bank upon ratification of this contract and request from the Union for use by all Collier County Emergency Medical Services District 27 bargaining unit employees, Employees who are assigned to light duty because of a job-related injury may request Workers' Comp Leave Bank hours at the start of their Workers' Compensation leave period to supplement their compensation, provided the payment does not overlap or conflict with payments from Workers' Compensation, if applicable. All full-time bargaining unit members agree to contribute four (4) hours of accrued vacation, personal or sick leave time to the Workers' Comp Leave Bank on the first pay period in January if the balance is one hundred (100) hours or less, as of December 1st (the month before). The hours will be taken unless otherwise notified by the Union by December 1st. Use of Workers' Comp Leave Bank hours shall not exceed one hundred (100) hours per employee each calendar year. At the time the allotted leave usage is exhausted, the employee will be responsible for supplementing their own leave time. At the time the Workers' Comp Leave Bank hours are exhausted employees will be responsible for supplementing their own leave time. As identified and requested by the Union, in cases of personal hardship, all employees under District 27 may voluntarily contribute additional hours to the Worker's Comp Leave Bank. Hours donated under such special requests may be used by the identified employee above the standard 100 hour cap. Employee donations will not impact their eligibility for the Attendance Incentive Program. If the employee wishes to supplement compensation with Workers' Comp Leave Bank hours or their own leave time they will be required to complete and indicate on the Workers' Comp Supplement Form. Time used from the Workers' Comp Bank will be considered productive time for pay purposes. Page 142 Section 14.8 —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, preinjury/illness pay. Section 14.9—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 14.10—Reassignment The County reserves the right, at its sole discretion,to grant Reassignment 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 14.11 —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. Page 43 Section 14.12—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 CCEMS/Fire Chief, and review by the Human Resources Director. This leave is not an extension of FMLA, 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. Subject to any applicable requirements of the Americans with Disabilities Act or any other applicable state or federal laws, the County will engage in the interactive process with the employee who exhausts all approved Family Medical Leave (FMLA) time to determine if additional leave can be granted. Care will be taken to determine the appropriate amount of leave time to be granted to a requesting employee, consistent with applicable laws. Employees who fail to return to work at the end of the approved leave of absence period may be terminated from their position of employment. Page 44 ARTICLE 15 DMAT/MILITARY - USERRA LEAVE Section 15.1 —USERRA, Military Reserve and National Guard Training A regular full-time employee who is a member of the United States Armed Forces, Reserves, National Guard or otherwise covered under the Uniformed Services Employment and Reemployment Rights Act(USERRA),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 federal law and in accordance with Section 115.07, Florida Statutes. Such leave with pay shall not exceed 240 working hours in any one annual period. 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 15.2—Recall to Active Duty Any regular full-time employee, who is a member of a USERRA, Armed Forces Reserve or National Guard Unit, who is ordered to active duty, will be granted a military/USERRA leave of absence with pay for the first thirty (30) working days. Beyond the thirty (30) day period, the County will supplement the military/USERRA pay in an amount necessary to bring the total salary, inclusive of the base military/USERRA 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 15.3—Induction or Enlistment into Military /USERRA Service Any regular full-time employee, who enlists or is inducted into the USERRA/armed services for active duty, shall be granted a military/USERRA leave of absence without pay for the Page 145 initial period of enlistment. All pay due the employee shall be paid at the time of the employee's separation from the County in accordance with applicable County policies. Section 15.4—Reinstatement Upon discharge from active military/USERRA service, an employee who wishes to return to County employment shall be reinstated in accordance with the provisions of the United Services Employment and Reemployment Rights Act (USERRA) 38 U.S.C. 4301-43359 and any other applicable laws. Section 15.5—Leave Conditions Employees who are activated for deployment while on duty will be released at a time that will facilitate adequate travel to deployment site and preparatory time as authorized by the Chief. At deactivation, employees must report back to work for the first full regularly scheduled work period on the first full calendar day following the completion of the period of service and safe transportation home, plus an 8-hour period for rest. Page 146 ARTICLE 16 SHIFT EXCHANGE Section 16.1 —Rules Governing Shift Exchanges The trading of time between regular full-time bargaining unit Battalion Chief employees will be permitted in accordance with the following provisions: 1. All exchanges will be as follows: a. Battalion Chief for Battalion Chief. b. Employees who are promoted/demoted/reassigned outside of the above classification, must complete scheduled shift exchanges within 60 days with any employee who is not within their new classification. c. Shift exchanges may be scheduled no more than three (3) months in advance. Repayment of the shift exchange will occur within three (3) months of the original exchange. d. Employees will be responsible for all record keeping of exchanges as permitted by the Fair Labor Standards Act. e. Shift exchanges for employees reporting late for work will not be permitted. f. No overtime will be paid to cover station transfers involved with shift exchanges. Section 16.2—Allowances 1. Employees may exchange up to seven (7) times per month. 2. Only up to two (2) employees may be off on shift exchange per shift, subject to management's prior approval. Page 47 3. The Chief may reduce, adjust or remove shift exchange privileges for employees who are training, on probation, based on operational needs of the Division, or as a method of discipline, for just cause. 4. At the Chiefs or designee's discretion, the number of shift swaps permitted in sections 1 and 2 may be increased to facilitate training, education or other approved assignments. 5. Shift exchanges will be submitted 72 hours in advance utilizing the County's submittal process (scheduling system). In urgent circumstances when less than 72 hours is available, the Chief or designee may approve. Section 16.3—No Substitution An employee scheduled to work an exchange is not eligible for any type of paid leave in lieu of the exchange. Employees failing to work an approved shift exchange due to an illness (Per Article 12), or any other situation, excluding bereavement and Workers' Compensation (Per Article 10), will be charged one (1) hour of vacation leave for each hour the employee failed to work and may be subject to additional discipline. Section 16.4—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. However, if an employee quits or is terminated and owes a shift exchange(s), the remaining employee will be granted paid Administrative Leave in order to avoid any monetary or leave benefit loss. As allowed by FLSA, the County will recoup any monetary loss from the exiting employee's final paycheck(s). Page 1 48 ARTICLE 17 HOLIDAYS Section 17.1 —Holiday Pay Regular full-time employees assigned to a 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 • Presidents 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 17.2—Receipt of Pay The holiday pay will be included with the normal paycheck for the period which included the holiday. Page 149 Section 17.3—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 holiday pay, plus time and one-half(1.5) their current hourly rate for all hours worked. Holidays will be celebrated on the date designated as the holiday by the County Commission. 17.4—Sick Leave During a Holiday If an employee has to be held over for duty (mandatory) as a result of another employee calling in sick on a County recognized Holiday, the employee calling in sick will not be eligible for Holiday pay and the employee holding over shall receive the Holiday pay of the offending employee. Clarification of the offending employee will be reviewed by the Chief or designee. Page 150 ARTICLE 18 WAGES & INCENTIVES Section 18.1 — Step Plan /Wages Step Hourly Rate 128 hrs/PPD(Annualized) 0 $36.9074 $122,828.1600 1 $37.4610 $124,670.2328 2 $38.0145 $126,512.3056 3 $38.5680 $128,354.3784 4 $39.1215 $130,196.4512 5 $39.6750 $132,038.5240 6 $40.2285 $133,880.5968 7 $40.7821 $135,722.6696 8 $41.3356 $137,564.7424 9 $41.8891 $139,406.8152 10 $42.4426 $141,248.8880 11 $42.9961 $143,090.9608 12 $43.5496 $144,933.0336 13 $44.1031 $146,775.1064 14 $44.6566 $148,617.1792 15 $45.2101 $150,459.2520 • The step plan above will be effective upon ratification of this contract by the Board of County Commissioners. Upon contract implementation,current Battalion Chief employees will be placed at the step that most closely aligns with their current hourly pay rate. • Employees will move up to the following step upon reaching their anniversary date of hire with Collier County EMS. • Based on FLSA guidelines, employees in the assignment/position of Battalion Chief are classified as non-exempt(hourly) workers. Hourly rates of pay are determined by dividing the annual wage rates in Article 18.1 by 3328. • Each step level calculation is the base hourly rate only and does not include adders for assignments and/or incentives. Page 151 • Following implementation of this contract employees who are promoted into the position of Battalion Chief will be moved to step 0 of the pay plan, without adders for assignments or incentives. Section 18.2 —Incentives Specialties Employees assigned by the Chief or designee to participate in or otherwise manage specialty incentive programs under this agreement and who are not currently receiving an incentive will be eligible for the following: • Special Operations Team (Tox) 2.0% increase to hourly rate • Tactical 2.0% increase to hourly rate • Search and Rescue 2.0% increase to hourly rate • Firefighter 2.0% increase to hourly rate Employees may participate in and receive a maximum of two specialty incentives. Section 18.3—Eligibility for Deferred Compensation Matching The County will provide a dollar-for-dollar match (not a contribution) to a deferred compensation account that will be available to permanent full-time employees. The eligible employee must be actively contributing to a pre-tax deferred compensation account provided by Collier County (Nationwide, ICMA/MissionSquare, or any other approved vendor). The match provided will be a minimum of$750.00 or the same as offered to all County employees in any one calendar year. Should Federal rules/regulations related to deferred compensation matching programs change, requiring the County to ensure compliance, these changes will also apply to employees under this agreement and will be so communicated. Page 52 Section 18.4—Request to Withdraw From Specialty An employee may request to temporarily or permanently withdraw from a specialty position subject to the Chiefs discretion, which will not be arbitrarily refused, subject to operational needs at that time. Page 153 ARTICLE 19 BENEFIT OPTION PLAN Section 19.1 —Coverage 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 19.2—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 19.3—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 x3328 hours for bargaining unit members. Section 19.4—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." Page 54 Section 19.5— 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. Page 55 ARTICLE 20 RETIREMENT PLAN Section 20.1 —Eligibility During the term of this Agreement, eligible employees shall continue to participate in the Florida Retirement System. Section 20.2—Contributions The County will contribute as required by the provisions of the Plan on behalf of eligible full-time employees. Section 20.3 —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") or any other 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. Page 56 ARTICLE 21 TUITION REIMBURSEMENT Section 21.1 —Tuition Policy The County will continue the current tuition reimbursement guideline as outlined in the County's Human Resources Handbook, CMA 5325 (Training, Development, and Education) and CMA 5344 (Tuition Assistance). Section 21.2—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 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. If the employee leaves the County and tuition cannot be repaid from four(4) pay periods a repayment plan will be worked out with the employee. Section 21.3 —Specialized Training 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. Page 157 ARTICLE 22 OUTSIDE ACTIVITIES Section 22.1 —Conduct 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 22.2—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 Chief, advising the name, address and telephone number of the outside employer, and the nature of work performed. The employee must complete the outside employment form (Appendix D) and submit to the EMS office. Outside employment must not prevent the employee from being mentally and physically able to work when the employee reports for duty with the County. Page 58 ARTICLE 23 UNION BUSINESS Section 23.1 —Bulletin Board Space 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: • Notices of Union meetings; • Notices of Union elections and results of elections; • Notices of Union recreational and social affairs; and • Notices of Union appointments and other official Union business. • 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. Section 23.2—Union Business and Union Time Bank The County agrees to establish a Union Time Bank upon the ratification of this Agreement. Union members agree to contribute one to four hours (1-4) of accrued vacation leave time to the Union Time Bank on the first pay period in January if the balance is one hundred (100) hours or less, as of December 1st(the month before). The Chief will notify the District 27 DVP of the total number of hours in the union time bank as of December 1st and the union will notify the EMS Chief in writing, the number of hours between 1-4 to deduct from each employee by December 10th. Deductions must be in one (1) hour increments. Page 59 Section 23.2—Use for Union Business The District 27 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. All Union leave will go through the District DVP and sent to the Assistant Chief. If granted, leave shall be taken on an hour-for-hour basis. Leave will be allowed for up to two (2) employees when requested at least seventy-two (72) hours in advance in writing to the Assistant Chief, with the Union responsible for filling those positions. Coverage person may not be pulled from the sign-up list for that day or if using a Battalion Chief Intern,there cannot be Mandatory Overtime on the schedule. 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 Assistant Chief or designee. Section 23.3-Use to Attend Committees Any District 27 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 23.4—Swap Time In lieu of the Union Time Bank, the District 27 Vice President shall be allowed swap time for Union business directly related to Collier County. The County reserves the right to verify the Union business. Page 160 Section 23.5—Meeting Room The members of Local 1826, District 27 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 note 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. In cases of Local 1826 elections, the Chief will make all reasonable accommodations to allow on-duty personnel to vote. Section 23.6—On Duty Communications In the spirit of open, conducive and expedient relations. while on duty, District 27's DVP may voluntarily communicate and prepare Union business with the County at the will of the Chief or designee. Page 161 ARTICLE 24 UNIFORMS AND EQUIPMENT Section 24.1 Items Supplied by County The County shall furnish uniforms as set forth below: • Four (4) pair uniform pants • One (1) Class B dress pant • One (1) Class B uniform shirt • One (1) Class A uniform shirt • One (1) Tie (male or female - employee choice) • One (1) Class A uniform jacket • Three (3) Polo style uniform shirts • One (I) winter jacket (if requested) • One (I) pair boots • One (1) Class A dress shoes • One (1) leather Velcro style "no buckle" belt • One (1) badge • One (1)Name Tag/Collar Brass • Two (2) Jumpsuits (see below) • Six (6) short sleeve t-shirts • Six (6) long sleeve t-shirts (for UV protection and cold weather) • Four (4) pair uniform shorts Section 24.2—Use Requirement Employees are required to use all issued equipment,uniforms and boots as defined by SOG 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. Personal 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 voluntary use is required for patient Page 162 care or shift operations. Employees may not use their personal cell phones while driving a County vehicle. Other than going to and from work, uniforms cannot be worn off duty. Section 24.3—Replacement Employees 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 be disciplined 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 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 24.4—Additional Uniforms 1. 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. 2. The County will approve a lightweight jacket and cap. Employees may purchase the jacket and/or cap at their option and cost. Section 24.5—Cold Weather In extremely cold weather,employees shall be permitted to supplement their uniforms with long underwear bottoms, long sleeved shirts, turtleneck shirts, and sweatshirts. All items will be in navy blue,powder blue, gray, or white and shall be worn underneath the standard issue uniform. Section 24.6—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 Page 63 will be allowed to wear a necklace provided that it is tucked into their shirt. No visible piercings except a maximum of two (2) post earrings are allowed. Section 24.7—Grooming Employees will maintain the conditions as outlined in CMA 5309 - Personal Appearance and Hygiene. 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. Employees with facial hair must adhere to standards that permit PPE functional ability per port-o-count testing. Section 24.8 Standard Operating Procedures and Protocols A copy of the most recent collective bargaining agreement will be provided on the Division's document platform. Section 24.9 Biohazard Protocol Employees turning in uniforms for cleaning or disposal in accordance with the County Biohazard 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. Employees are expected to report for duty with a complete change of uniform in the event their primary uniform is contaminated or becomes otherwise unpresentable during the duty assignment. Section 24.10—Clothing in Quarters Between dusk and 0730 hrs.,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 uniform when responding to a call. When responding to a call between 1730 and 0730 hrs., employees will be in their jumpsuit or Page 64 issued t-shirt and duty pants. Employees may also wear their jumpsuit when their second day uniform has been contaminated. Section 24.11 —October Breast Cancer Awareness Shirts/ Charity Shirts During the month of October, the County will allow employees to wear the designated Breast Cancer Awareness Charity t-shirt procured from the Union. As Union sanctioned charitable events and situations arise, the County will consider additional event shirts to be procured from the Union and worn on duty during an agreed upon time period. Section 24.11 —Summer Uniform Shirt During the months of June through September, employees will be allowed to wear County issued T-shirts (names will be placed if needed) without the polo due to summer heat. Page 165 ARTICLE 25 MISCELLANEOUS Section 25.1 —Parking 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 parking in designated handicap spaces is permitted unless appropriate decal is displayed. No maintenance of personal vehicles shall occur on County property, regardless of whether or not an employee is on or off duty. Section 25.2—Work Duties for 24-hour employees Battalion Chief duties are primary. Provided that regularly assigned shift duties have been completed, employees may rest, sleep, watch TV, etc. Radios will be monitored throughout the entire shift. Section 25.3—Computers County computers will only be used for County business. Personal computers may be used on duty through the County provided Wi-Fi connection, but employees are not to use County peripherals. Section 25.4—TV players Between 07:30 and 17:30 hours, the County-provided or personal television may only be used for work-related purposes or to watch news channels. Between 17:30 and 07:30 hours the County provided, or personal television may be used for nonwork related purposes, subject to assignment of work duties under Section 25.2 and emergency response. Page 166 Section 25.5—Station Visits Family members and friends are only permitted to visit employees at their duty stations up to 20:00 hours, for a maximum of two (2) hours. Family members and friends are not allowed to remain at the stations when the employee is not at the station. No family members or friends are permitted to sleep at stations. Section 25.6 Use of Telephone Except as hereinafter provided,County telephone lines are for business use only. Long distance telephone calls (long distance calls preceded by a "1" except for 1-800 or 1-866 toll free type numbers) unless used to call employees may not be charged to the County. Violations of this Article that results in a charge to the County may result in disciplinary action. Section 25.7— Other No pornographic material may be possessed or viewed on County property. Section 25.8—Electronic Media Nothing in this Agreement will prohibit the County from eliminating paperwork and using electronic media. Section 25.9—Veterans' Preference Veterans' Preference will be given to those individuals who qualify for preference under Chapter 295, Florida Statutes. Page 67 ARTICLE 26 HEALTH AND SAFETY Section 26.1 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 safety equipment provided. Section 26.2—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 • Hepatitis C • Any other strain of Hepatitis generally recognized by the medical community. • Pulmonary Tuberculosis • Meningococcal Meningitis • Cancer for Firefighters All statute requirements must be met/fulfilled for presumptions. Page 68 Section 26.3—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. Section 26.4—Debriefing 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 by the County for the remainder of the shift, the employee shall be compensated, and the time will be charged to Administrative leave at the productive time rate. If the employee requests to be released from duty. the time will be charged to sick leave. Section 26.5—Tobacco Products Tobacco products (pipes, cigars, cigarettes, chewing tobacco, etc.) or vaping devices 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 26.6—Physicals A Physical shall be offered on an annual basis to all bargaining unit employees, at no cost, in accordance with the County's Group Health Plan. The Workplace Safety Committee shall make recommendations as to the requirements of those employee physicals. Page 169 The County shall require, at no cost to the employee, all previous ALS Engine program participants to complete a medical examination, in accordance with Chapter 112, Florida Statutes, if applicable. The medical examination will be based on the recommendations of NFPA 1582, Comprehensive Occupational Program for Fire Departments and the Heart and Lung Bill. A Fit for Duty (DSK-K4-1022) form indicating the participant is medically fit to engage in the activities stipulated in their job description must be submitted to the Chief or designee prior to starting orientation. The County shall require, at no cost to the employee, all previous ToxMedic participants, complete an annual medical surveillance examination in compliance with 29 CFR 1910.134, Respiratory Protection Standard and OSHA Instruction PER 8-2.5. Section 26.7—Safety Committee 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. 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. 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. Page 1 70 ARTICLE 27 ALCOHOL AND DRUG TESTING Section 27.1 —Policy The County and Union will follow the conditions set forth within Collier County CMA 5312, Drug Free Workplace, as it exists at the time of the violation. In the event of updates to the CMA, the union will be notified, and the changes may be subject to impact bargaining upon request. Page 71 ARTICLE 28 STATION FACILITIES Section 28.1 —Station Facilities To Be Equipped The County agrees that station facilities will be equipped as outlined in this Article. Section 28.2—Minimum Equipment Each Battalion Chief station shall be supplied with the following minimum equipment and supplies for each assigned employee: • One (1)twin bed • One (1) recliner • All future sleeping quarters will allow for separate, private sleeping rooms, outside from a separate private and secured office area • Air conditioning and heat • One (1) microwave oven • One (1) coffee Maker • One (1)full-size refrigerator for future facilities or replacement of currently existing units upon expiration • Dishes to include plates, drinking glasses, coffee cups, knives, forks and spoons* • One (1) color television with cable or fiber optic service per sleeping quarters and separate office area • One (1) telephone per office and sleeping quarters • Physical fitness equipment* • Kitchen sink* • Stove* • Water service, water cooler, or reverse osmosis* • All future quarters will have separate, Battalion Chief assigned bathroom with toilet, sink, and shower facilities • Assorted cooking pans and utensils* Page 1 72 • Electric service* • One(1) full size desk with ergonomic chair and desk riser similar to current standards • One (1) computer per unit with a mouse, keyboard,three (3) color monitors (or 72" diagonal cumulative display area with a maximum of three (3) monitors), and one (l) color printer per computer • One (I) locker per employee assigned to that station daily. Lockers shall be of adequate size to accommodate the employee's bedding, uniforms, and personal belongings. • Wi-Fi service with security restrictions* * These items may be shared with other occupants. 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 28.3—Leaving Equipment at Station Employees may leave their bedding at the station they are assigned,with the understanding that if those items are stolen, it is the employee's responsibility to replace County issued 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 specialty team gear as necessary. Page 173 ARTICLE 29 STATION ASSIGNMENTS Section 29.1 —Station Location The County retains the right to identify station locations for 24-hour units that are different from those in effect on the 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 Article 28. Currently, the regular 24-hour Battalion Chief positions are identified as: • Battalion Chief 80 • Battalion Chief 81 • Battalion Chief 82 • Battalion Chief 84 Section 29.2— Starting/Ending Time All regular 24-hour Battalion Chief units will have a universal starting time commencing at 07:30 hours and ending the following day at 07:30 hours. Employees will be paid for all hours worked, in accordance with the Fair Labor Standards Act. Section 29.3—Station Assignment Employees are currently assigned to one of the Battalion Chief positions outlined in Section 29.1. These assignments will remain at the will of the County or if an employee chooses to exercise their right outlined in Section 29.4. As positions are vacated (i.e., retirement) or added (i.e., expansion), employees will have the option to request to relocate to the opening. Approval of the Chief and Seniority as outlined in Article 6 shall be considered. Page 174 Section 29.4—Personal conflicts Employees who desire to move from one Battalion Chief position or shift based on the following circumstances may put a request to the Chief in writing and, as vacancies occur, those with the request will be prioritized for the vacancy. 1. If possible, accommodations shall be made to keep married spouses employed by the County or allied agencies on the same or alternate shifts upon request. In addition, the Chief may extend the same shift accommodations to employees who share a close familial relationship. 2. Accommodations will be made for employees who can demonstrate, in writing, a need for a specific shift due to childcare issues. Page 175 ARTICLE 30 EDUCATION, TRAINING AND OFF SHIFT MEETINGS Section 30.1 —Compensation Employees required to attend mandatory outside training, classes, meetings or in-service training shall be paid at the appropriate overtime rate of pay for each hour they attend. Section 30.2—Degree Incentive Pay All employees currently receiving degree incentive pay previously shall be grandfathered in for the duration of this Agreement. Section 30.3—CPR/Advanced Cardiac Life Support Recertification 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 (2) years at no cost to the employees. The County agrees to make available to each employee attending the training all necessary study materials required for all classes. Section 30.4—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 recertification. 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: 1. During the State of Florida two (2) year Paramedic/EMT recertification period, all employees must attend all in-service opportunities. These classes are mandatory unless Page 76 excused by the Medical Director or the Chief, in writing. The County agrees to offer each in-service training at least six (6) times in an effort to be sure all employees may attend. The County agrees to provide adequate notice of in-service training. The County agrees that 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 an equivalent training opportunity for personnel so that they can meet the requirements of the Medical Director. 2. Employees who arrive more than 15 minutes late or leave more than 15 minutes prior to the completion of the in-service, who fail to return from designated break periods in a timely fashion, or who are asked to leave due to disruptive or disrespectful behavior will not receive CEUs or credit of attendance. It will be the employee's responsibility to sign in and out of the class. If an employee is not able to attend the in-service,they must reschedule their class via the scheduling site or notify the training department one (1) hour prior to the start time. 3. Use of personal electronic devices during in-service is prohibited. Electronic devices are to be powered off or set in silent (vibrate) mode and secured out of view during the class. Cell phones may be used outside of classroom areas during instructor-directed breaks or lunches. Violators may be asked to leave and will not receive CEU credit for any portion of the class. Arrangements for emergency exceptions may be made with Training Staff prior to the commencement of the class on a case-by-case basis. 4. Attire Requirement: Casual dress will be permitted unless otherwise specified by training staff. When dressing for classes, employees should remember that these classes are held in public places and employees are officially representing the County. Page 177 5. Failure to meet the attendance requirement, sign up or notify the training department in a timely manner may result in disciplinary action and may also require a meeting with the Medical Director or his designee for remedial direction. Page 1 78 ARTICLE 31 OUT-OF-TOWN TRANSFERS AND TRAVEL Section 31.1 —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 31.2—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 31.3 —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: 1. Money for tolls (reimbursed upon return when requested using the proper County form). 2. Money or credit card for fuel purchases. 3. Cellular telephone for emergency communications while outside Collier County. Page 79 ARTICLE 32 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. Page 80 ARTICLE 33 SAVINGS CLAUSE Section 33.1 —Savings 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 33.2—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. Page 81 ARTICLE 34 DISCHARGE AND DISCIPLINE Section 34.1 —Scope The disciplinary actions of the County consisting of: suspensions without pay, involuntary demotions, and dismissals shall be subject to arbitration. Section 34.2—Progressive Discipline The County retains the right to discipline any employee. An employee is not entitled to any particular number of warnings prior to the imposition of discipline. Discipline shall be progressive and can start at any appropriate level. In determining the appropriateness of discipline, the County shall consider the seriousness and frequency of offenses, the employee's work history, past discipline and any other factor relevant to fair and appropriate discipline. Progressive discipline should be applied unless circumstances require immediate discharge. Section 34.3—Representation A bargaining unit employee shall have the right to a formal hearing prior to the imposition of discipline. At the formal hearing, the employee shall be informed of the following: 1. The employee's right to representation 2. The charges under consideration 3. The general facts which form the basis of the disciplinary action. A bargaining unit employee subject to questioning regarding a disciplinary matter shall be informed of his/her right to representation except when an employee is questioned at or immediately after the time an incident occurs for the sole purpose of gathering facts. All questioning shall conform with the guidelines provided in the Firefighters Bill of Rights in Florida Statute 112.80-112.84. Page 182 Section 34.4—Enforcement of Suspensions Suspensions shall be scheduled in a manner that meets the needs of the EMS organization. Section 34.5—Probation within position A six (6) month probationary period exists for each assignment/promotion into a new Battalion Chief position. Demotion of promotional probationary employees due to failure to meet expectations is not subject to arbitration; in this circumstance,the employee will be returned to the position held immediately prior to the promotion as long as they qualify to serve in the role. In the event of demotion due to disciplinary reasons, employees will be reassigned into an appropriate position within EMS. The County may extend an employee's probationary period up to six (6) months and must notify the employee of the adjustment in the end date of their probation prior to the initial probation period expiring. Page 83 ARTICLE 35 EMPLOYEE RECOGNITION AND REWARDS PROGRAMS Section 35.1 —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 35.2—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. Page 1 84 ARTICLE 34 LABOR/MANAGEMENT TEAM Section 36.1 —Labor/Management Team The County will establish and coordinate a Labor Relations Team whose goal it 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 shall designate two (2) District 27 members. The team will meet quarterly, or more often upon agreement of the parties, and will be open to all bargaining unit members. Discussion shall not be considered collective bargaining negotiations. Page 1 85 ARTICLE 37 DURATION Section 37.1 —Termination It is understood by and between the Parties that this Agreement shall be effective October 1,2023, and shall continue until September 30, 2026. Either Party may reopen negotiations in May of 2025 to discuss up to two(2)articles each side, by giving the other side notice of intent to reopen by April of 2025. Failure to give notice of termination and intent to reopen will result in this Agreement automatically renewing until notice is given during April of any subsequent year. Section 37.2—Amendments This agreement may be amended at any time by mutual consent of the Parties, but no such attempted amendment shall be of any force or effect until placed in writing and agreed upon by both Parties. Page 86 FOR COLLIER COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL KINZEL OF COLLIER COUNTY, FLORIDA IWrk;of Courts & Comptroller A1411(jjk--- uty Jerkktest as th Cl1a91' af'S Chris all , Chairman signature only. I ki Date: ' Approved as to legali : ///1 olleen Greene Managing Assistant County Attorney FOR THE UNION: y/4 ."/9�aAc Henry Garcia Henry' ac`cia, President Type or Print Name Licensed Bargaining Agent for SWFL Professional Firefighters &Paramedics WITNESS: International Association of Firefighters Local 1826 /69'e , By: Eric Roberts 02/15/2024 Type or Print Name Date 2:11/d9oitig..e- By: Tim Jones Type or Print Name THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE BARGAINING UNIT AND APPROVAL BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. Page 187 APPENDICES Appendix A—County Administrative Procedure 5312—Drug Free Workplace Appendix B —County Administrative Procedure 5325 —Training, Development, and Education Appendix C—County Administrative Procedure 5344—Tuition Assistance Appendix D—Outside Employment Form Page 1 88 APPENDIX A ('MA ff53 I 2 DRUG FREE WORKPLACE (Effective Date: August 1. 1999 (Revised: October 1, 2001; Revised: October 1, .2003: Revised December 6,2005; Revised June 2, 2006; Revised September 10,2010; Revised: November 18,20)3; Revised:August 28,2017: Revised:January 4,202,1)1 §5312-1. Purpose. The purpose of this Instruction is to provide for procedures and implementation of the Drug-Free Workplace policy as authorized by the County Manager. §5312-2.Concept. The Board of County Commissioners 03CC)has a vital interest in maintaining a safe,healthy,and efficient working environment. Being under the influence of a drug or alcohol on the job,or the use,sale,purchase, transfer, or possession of an illegal drug or alcohol in the workplace poses unacceptable risks for safe. healthy, and efficient operations to the user and to all those who work with the user. Collier County is obligated to the public and its employees to provide services that are free of the influence of illegal drugs and alcohol and will endeavor through this policy to provide drug-and alcohol-free services, A. Employees will be informed of the dangers of alcohol and/or drug use in the workplace during New Hire Orientation within the first month of employment. 13, The County intends, through this policy,to comply with federal and state rules,regulations or laws that relate to the maintenance ofa workplace free from illegal drugs and alcohol. C, It is also County policy that all job classifications that arc under the authority Of the United States Department of Transportation(DOT)including, but not limited to,the FMCSA,FAA,and FIA,to comply with all current Federal regulations.County employees shall comply with all current State of Florida statutes and/or the Florida Administrative Code and/or Collier County rules and regulations. D. Employees in a mandatory drug testing position, safety-sensitive position,or who perform safety sensitive functions are subject Co Random Drug Testing. All County employees are subject to Post- Accident Testing and Reasonable Suspicion Testing and are subject to drug and alcohol regulations included in this administrative procedure. All applicants offered employment with the County will be required to take and pass a drug test prior to being employed. §5312-3. Definitions. A ut horized Collection Personnel is a person who instructs and assists employees at a collection site,who receives and makes an initial inspection of the specimen provided by those employees,and who initiates and completes the Federal Drug Testing Custody and Control Fonn(CCP). Commercial Driver's License(CDL):A commercial driver's license is required to operate any combination of vehicles with a gross combination weight rating(GCWR)of 26,00 I lbs,or inure,to include a towed vehicle that is HEAVIER than 10,000 lbs.There are 3 classifications: A, [3 and C with additional endorsements that can be found at the Florida Department of Motor Vehicles. CDL requirements are included in the job classification and may be under the FMCSA regulatory requirements. Confirmation Test, Confirmed Test or Confirmed Drug Test is a second analytical procedure used to identify the presence ofa specific drug or metabolite in a specimen,which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity,and quantitative accuracy. Page or 14 Page 189 APPENDIX A CMA#53 12 DRUG FREE WORKPLACE: Controlled Substance is a controlled substance as defined in Schedules I through V of§893.03,Ha Sutt. Conviction is a finding of guilt(including a plea of no contest)or imposition of sentence or both,by any judicial body charged with the responsibility to determine violations of the :federal or state criminal drug statutes. Criminal Drug Statute is a criminal statute involving the ilkgal manufacture.distribution,dispensation,use or possession of any controlled substance, Department of Transportation(DOT)This term encompasses all United States DOT(USDOT)agencies, including, but not limited to, the Federal Aviation Administration (FAA), the Federal Railroad Administration (ERA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal Transit Administration (ETA), the National Highway Traffic Safety Administration(NITISA), the Pipeline and Hazardous Materials Safety Administration(PHMSA),and the Office of the Secretary(OST).For purposes of this part,the United States Coast Guard(USCG),in the Department of Homeland Security,is considered to be a UsDOT agency for drug testing purposes only since the USCG regulation does not incorporate Part 40 for its alcohol testing program.These terms include any designee of a USDOT agency. Designated Employer Representative (DER) is defined in 49 CFR Part 40. The DER is an employee authorized by the employer to take immediate action(s)to remove employees from safety-sensitive duties, or cause employees to be removed from these covered duties,and to make required decisions in the testing and evaluation processes. The 1.31.r.R also receives test results and other communications for the employer, consistent with the requirements of this part.The Environmental Health and Safety(EFTS)Manager is the DER for the Board of County Commissioners(BCC). Disciplinary Action—The County will be consistent with CMA 5351,Discipline. Drug includes alcohol,distilled spirits,wine,malt beverages,or an intoxicating liquor; an amphetamine;a cannabinoid; cocaine: phencyclidine (PCP); a hallucinogen; methaqualone; opioids; a barbiturate; a ben.zodiazepine;a synthetic narcotic;a designer drug;or a metabolite of any of the substances listed in Ha. Stat. ;1 893.03; Drug Abuse Prevention and Control. An employer may test an individual for any or all of such drugs. Drug Test or Test includes any chemical, biological,or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services or licensed by the Agency for Health Care Administration, for the purpose of determining the presence or absence of a drug or its metabolites. Employee is any person who works for salary,wages,or other remuneration for the County. Staff members of contractors or vendors of the County arc not included in this definition. Employee Assistance Program(EAP)is an established program capable of providing expert assessment.of employee personal concerns; confidential and timely identification services with regard to employee drug abuse;referrals of employees for appropriate diagnosis,treatment,and assistance;and follow-up services for employees who participate in the program or require monitoring after returning to work. If,in addition to the above activities,an employee assistance program provides diagnostic and treatment services,these services shall in all cases be provided by service providers pursuant to§397,3 I 1(28),Ha Stat. l*e 2 of 14 Page 90 APPENDIX A ('MA#5312 DRUG FREE WORKPLACE Employer is a person or entity that employs a person and that is covered by the Workers'Compensation Law. Federal Drug Testing Custody and Control Form(C(F).The Federal.Drug Testing Custody and Control Form(CO')must be used to document every urine collection required by the DOT drug testing program. Initial Drug Test is a sensitive, rapid,and reliable procedure to identify negative and presumptive positive specimens, using an immunoassay procedure or an equivalent, or a more accurate scientifically accepted method approved by the United States Food and Drug .Administration or the Agency for Health Care Administration as such more accurate technology becomes available to be more cost-effective. Alb Applicant is an external applicant who has applied for a position with the County and has been offered employment conditioned upon successfully passing a drug test. Mandatory' E)rug Testing.§440. 02(o),Fla.Stat. defines-Mandatory-Testing Position"as,with respect to a public employer,a job assignment that requires the employee to carry a firearm,work closely with an employee who carries a firearm, perform life-threatening procedures, work with heavy or dangerous machinery,work as a safety inspector,work with children,work with detainees in the correctional system, work with confidential information.or documents pertaining to criminal investigations,work with controlled substances, or a job assignment that requires an employee security background check, pursuant to s. 110.1127,or a job assignment in which a momentary lapse in attention could result in injury or death to another person. Medical Review Officer(MR0)is a licensed physician,employed by or contracted with an employer,who has knowledge of substance abuse disorders, laboratory testing procedures,and chain of custody collection procedures; who verifies positive, confirmed test results; and who has the necessary medical training to interpret and evaluate an employee's or job applicant's positive test result in relation to the employee's or job applicant's medical history or any other relevant biomedical information. Non-CIDL Drivers Any County employee who has a position that requires them to drive a County vehicle or a combination vehicle less than 26,001 pounds as part of their normal duties as determined by Risk Management and the Division Director.. Prescription or Non-Prescription Medication is a drug or medication obtained pursuant to a prescription as defined by*893.02,Fla.Stat.,or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries. Prescription and over-the-counter drugs are not prohibited when taken in label dosage andior according to a physician's prescription. Public Employer is any agency within state.County,or municipal government that employs individuals for a salary,wages.or other remuneration. Random Drug Testing is a method of testing for drug use by safety-sensitive employees through a process of random selection. These tests are conducted without prior notice to the employee and a systematic selection process is used to assure that each employee has an equal chance of being chosen for testing. Because there is no prior notice as to when this testing will occur,or who will be selected,random drug testing serves both to detect and deter drug use. Employees designated as DOT (FMCSA, ETA, FAA) Safety Sensitive or meet the requirements under Safety-Sensitive fall into this category. Page 3 of 14 Page I 91 APPENDIX A ('MA#53I2 DRUG FREE WORKPLACE Reasonable-Suspicion Drug Testing. §440.102(n),Fla. St at. defines reasonable suspicion drug testing as testing based on a belief that an employee is using or has used drugs in violation of the employees policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience.Among other things.such facts and inferences may be based upon: (a) Observable phenomena while at work,such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a dnig. (b) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. (c) A report of drug use,provided by a reliable and credible source. (d) Evidence that an individual has tampered with a drug test during their employment with the current employer. (e) Information that an employee has caused,contributed to,or been involved in an accident while at work. (I) Evidence that an employee has used, possessed. sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery,or equipment. Risk Management Hazard Assessment is a systematic process of evaluating the potential risks that may be involved in a projected activity or undertaking and assigning a probability and severity score to identify a category of risk. Safety-Sensitive Position is a position in which a drug or alcohol impairment constitutes an immediate direct threat to public health or safety,such as a position that requires the employee to carry a firearm,perform life- threatening procedures, work with confidential information or documents pertaining to criminal investigations or confidential juvenile information,or work with controlled substances;a position in which a drug or alcohol impairment constitutes an immediate and direct threat to the employee's health or safety:a position which has access to a juvenile facility;a position in which the employee is responsible for the well- being of a minor:a position in which a momentary lapse in attention could result in injury or death to another person; and/or all job classifications that arc under the authority of the United States Department of Transportation (DOT), including, but not limited to, the FMCSA. FAA and FAA, that complies with the current Code of Federal Regulations(CFR).All Safety-Sensitive positions and employees performing safety- sensitive functions as determined by Risk Management Hazard Assessment will be included in the BCC Random Drug Testing pool.Positions include,but are not limited to: (a) DOT Safety-Sensitive positions(FMSCA,FAA,and FTA). (b) Heavy Equipment Operators, including but riot limited to those who operate forklifts, skid steers, front-end loaders, track hoes,rollers,backhoes, uaders, bucket trucks, or any other equipment not covered under DOT testing requirements. (c) ParamedicsiParamedie FirefighterstEMTsiPilots/Helicopter Maintenance. (d) Chemical Laboratory personnel. (e) Positions where the incumbents are required to carry firearms or weapons. (f) Positions that work with or have access to drugsicontrolled substances.. (g) Facilities Services(non-administrative positions). (h) Plant Operators and Maintenance personnel at Wastewater Treatment Plants. (i) Wastewater Collection personnel. (j) Plant Operators and Maintenance personnel at Water Plants. (k) Water Distribution personnel. (I) Pool and Water Feature Maintenance personnel. (m)Employees with access to potentially hazardous chemicals (meets the [DUI values used by the l'ape 4 of 14 Page 92 APPENDIX A ('MA#5312 DRUG FREE WORKPLACE National Institute for Occupational Safety and Health(NIOSH)). (n) Any position that requires an employee to enter an IDLH environment(confined space entry,chlonnc process,trenching and shoring, maintenance of traffic, lockotaltagout, etc.)as determined by Risk Management and the Division Director. (o) Nan-CDL drivers whose regular duty requires them to drive as an essential function of their position duties in support of business operations. (p) All Equipment Mechanics(Fleet.Plant,Field). (q) Positions where the incumbents work closely with or oversee children(Childcare services personnel, Recreation instructors, Camp Counselors. Summer childcare program positions, Voluntary Pre". Kindergarten CV PK)personnel,Library services,Lifeguardstpool attendants,etc.). (r) Mandatory Drug testing positions as defined by Section 440.102,Ha,Stat. If there arc any changes in work protocol that could move a position into a Safety-Sensitive status,it is the responsibility of Department and Division management,along with the Risk Management Environmental Health & Safety Manager,or designee,to determine if the tasks to be performed are Safety-Sensitive and designate the position as such. Specimen is tissue,hair,or a product of the human body capable of revealing the presence of drugs or their metabolites,as approved by the United States Food and Drug Administration or the Agency for Health Care Administration. Substance Abuse Professional (SAP) is a licensed or certified professional credentialed by the National. Association of Alcoholism and Drug Abuse Counselors Certification Commission(NA.ADAC.7),or by the. International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC), or by the National Board of Certified Counselors, Inc. and Affiliates/Master Addictions Counselor(NBCC) who evaluates employees who have violated a DOT drug and alcohol regulation or County policy and makes recommendations concerning education,treatment,follow-up testing,and aftercare. Test identification Form is the required form used to ensure that all documentation is accurate,the proper type of test is provided,and to ensure chain of custody accuracy.A test identification form must he provided and is required to be used for all test types. Third-Party Administrator is an individual or organization that manages the Collier County Random Drug Testing selection,the DUI'and non-DOT drugialcohol testing protocol and maintains the required testing 'words.'they perfonn tasks as agreed to by the County to assist in implementing the drug and alcohol testing program and to assist the employer in remaining compliant with the DOT(WC:SA, ETA and FAA) and Florida Statutes Drug and Alcohol testing rules and regulations. Volunteer is any person who of his or her own free will, provides goods or services to any unit of county government without receiving monetary or material compensation,as defined in Section 125.9501_,Ha.Stat. §5312-4. Policy. The County and its employees must make every effort to maintain the highest standards of safety,quality, and reliability. In order to achieve these desired standards..the County prohibits possession of alcohol andlor illegal drugs in County vehicles.use or possession ofalcoholandlor illegal drugs while operating or otherwise in control of County vehicles, equipment or machinery, illegal drugs from being brought on the County premises,the use of alcohol andlor illegal drugs during the workday,including breaks and meal periods,the unlawful manufiicture,distribution,dispensation or use of alcohol or controlled substances in the workplace, Page 5 or 14 Page 93 APPENDIX A CMA#531.2 DRIIG FREE WORKPLACE and further prohibits Collier County employees from working while impaired or under the influence of legal or illegal drugs,alcohol,and other substances.Employees who appear to be in violation of the County's drug and alcohol program shall be immediately removed from their job and will be subject to discipline pursuant to CMA 5351. A. As a condition of employment,all employees arc required to abide by the terms of this policy and to notify County management of any criminal drug statute or any conviction for a violation occurring in the workplace no later than live days after such conviction. B. To maintain a safe and healthy work environment and to ensure compliance with state and federal laws,County authorizes,at its expense,drug testing under the circumstances and conditions defined within this Instruction. C. Employees found to be tinder the influence of alcohol or controlled substances or refusing to be tested when an accident or injury occurs may forfeit their eligibility for medical and indemnity benefits through the County's Workers'Compensation Benefits and may be subject to disciplinary action up to and including termination of employment. D. Employees who violate any of the alcohol or controlled substance use prohibitions shall be. immediately removed from work. E. When the use of alcohol or controlled substances by an employee is confirmed through an authorized test, employees in a Safety-Sensitive position or performing Safety-Sensitive functions will be recommended for corrective action, up to and including termination of employment. Under no circumstance will the employee be allowed to return to any Safety-Sensitive position andfor task until completing the entire program(counseling and testing)in accordance with the direction of the SAP. §5312-5.Testing. The conditions and circumstances for conducting drug and alcohol testing arc defined below. Refusal to submit to an alcohol or drug tesCanalysis when requested by the County, or law enforcement personnel, in accordance with state and federal law or County policy, may constitute insubordination, be grounds for disciplinary action tip to and including dismissal.or(in the case of an external applicant)is cause to retract a conditional offer of employment. Failure to provide adequate breath or urine(within a reasonable time)for testing without a valid medical explanation by a medical doctor, failure to sign the alcohol breath testing certification form andior initial the logbook entry for the screening and/or confirmation test or refusal to take the test constitute a refusal to submit. The Risk Management Division is responsible for developing and implementing procedures for communication of this policy,off-site testing,chain of custody,types of drugs to be tested for,confirmation and medical and administrative review of positive test results,confidentiality and other activities associated with administering the applicant testing program in accordance with§440.102,Fla. Stat,or applicable Code of Federal Regulations(CFR). The Environmental Health and Safety(EHS)Manager will receive the test results and will coordinate with the appropriate Human Resources representative for the division/department in which the employee works to provide a status report on the employee being able to return to work. The Human Resources representative will serve as the point of contact to coordinate communication with the employee and provide information on the status of the employee to the division/department supervisor/manager/director. All drug test results Pagc ft of 14 Page I 94 APPENDIX A ('MA git.5.312 DRUG FREE WORKPLACE are considered confidential and are exempt from the provisions of§119.07( ),Fla. Stat. and§24(a),Art. of the State Constitution. A. Post Offer Drug'testing(pre-employment): The Risk Management Division will perform and/or coordinate all post offer applicant drug screening and/or testing and communicate the results of such testing to Human Resources personnel. Applicants will be notified of the County's Drug Free Workplace procedure including the types of testing to which an applicant may be required to submit and the actions the County may take against a job applicant on the basis of a positive confirmed drug test result. All external job applicants will be tested for controlled substance use prior to final consideration for hire. I) External job applicants for vacant County positions will be tested for illegal drugs prior to an offer of employment being finalized. Drug testing will only be administered to those applicants who have been made a conditional job offer pending the successful completion of the medical examination and/or other background investigations(references, criminal, and driver's license). 2) For positions of employment that will result in the applicant or employee falling under FMCSA. FAA and/or ETA regulations,the Federal Department of Transportation(Fi)yr) requires the County to obtain drug and alcohol testing history from any previous employer for whom an external job applicant or current employee has worked as described in the current and applicable jurisdictional regulations.Candidates or employees will complete the MOT release form authorizing the County to obtain these records, If the candidate refuses to authorize release of the records,this will result in a withdrawal of the employment offer. 3) All job applicants or current employees who fall into the category of"Mandatory-Testing position" as outlined in §440.102(9), Fla. Skit and/or applicable and current federal regulations, will be tested for illegal drug use prior to an offer of employment,promotion. lateral transfer, reassignment. reclassification,or voluntary demotion being finalized. Drug testing will only be administered to applicants/employees who have been given a conditional job offer pending the successful completion of a medical examination and/or other background investigations(references,criminal history record checks,and driver's license.) B. Post Accident Testing: The Risk Management Division will coordinate and schedule all post- accident drug testing through its El-IS Manager or designee. In the event of an accident/incident,the employee's supervisor shall contact the DER(the EHS Manager)or the assistant DER in the Risk Management Division and the assigned Human Resources representative. II this occurs outside of normal working hours, the Supervisor will immediately contact the .DER. The Supervisor, ESH Coordinator.ESH Specialist and/or ESH Manager shall make the determination whether an alcohol or drug test should be administered,based on the investigation and initial observations,as set forth herein. Hit is determined that an employee should be tested,the employee will be required to submit to both breath alcohol and urine drug testing. Post Accident/Incident testing will be based on one or more of the following: 1) Any employee who has caused or contributed to an accident while at work, if there is reasonable suspicion in accordance with§440.102,['in. Stat.,may be required to submit to a post-accident drug test as a condition of continued employment. Page. o f"14 Page I 95 APPENDIX A ('MA#5312 DRUG FREE WORKPLACE 2) Vehicular Accident(MOT Safety-Sensitive):An FDOT-covered employee(FMCSA,FAA, FT A) shall be tested in accordance with current agency-specific federal regulations in 49 CUR.part 40.If the FDOT-covered employee does not meet the criteria,in accordance with the current agency federal regulations,they may still be required to be drug and alcohol tested under the County's criteria. In that case, the employee will be tested under the non-MOT process, 3) Vehicular accident(non-FDOI):An employee who is operating a County vehicle involved in an accident that results in issuance of a citation from law enforcement to the employee operator, or the employee operator is determined by Risk Management to be at fault or contributed to the accident that results in any damage to a County asset, a citizen's asset, andior where there is bodily injury requiring immediate treatment away from the scene,shall be required to submit to both alcohol and controlled substance tests immediately following the accident. If the accident/incident results in a death at the scene, the operator shall be required to submit to both alcohol and controlled substance tests immediately following the accident,regardless of who is at fault. Employees who arc subject to post-accident testing will remain readily available for the tests or may be deemed to have refused the tests.Employees are not prohibited from leaving the scene of the accident for the period of time necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. Upon notification from the DER.the employee(s)will immediately stop the performance of their duties and will not be allowed to leave the accident site in their County or personal vehicle. A County supervisor will transport the employee to the testing facility and, after the appropriate testing has been completed, to the employee's place of residence if the testing results are not available.The employee will be placed on paid administrative leave pending the alcohol andiur drug test results. The Test Identification Form shall be used to ensure that all documentation is accurate,the proper type of test is provided,and to ensure chain of custody accuracy. If an employee who caused or contributed to an accident cannot submit to a post-accident druginleohol test. immediately following the accident due to hospitalization, Risk Management shall contact the medical establishment (hospital, emergency room, etc.) and ask that an appropriate test be conducted as soon as practical after emergency treatment has been provided. C. Reasonable Suspicion Testing: The Risk Management Division administers the Reasonable Suspicion Testing Program. Testing may be required where there is reasonable suspicion that an employee possesses or uses alcohol,controlled substances.or illegal drugs,or is under the influence of alcohol,controlled substances,or illegal drugs while on duty. Supervisors will monitor employees for alcohol,controlled substance or illegal drug use. When a supervisor and'or EUS staff member has reasonable suspicion,drawn from specific objective and describable facts, that an employee is under the influence of alcohol,a controlled substance,or illegal drugs, the Supervisor andror LUS staff will notify the Risk Management Division DER. Any such reasonable suspicion testing shall be conducted in accordance with 0,40.102, Stat., and any further action by the County based upon the results of such testing shall be in accordance with that statute. When a supervisor and/or EUS staff member observes or receives a complaint Pape X of 14 Page 96 APPENDIX A cmA#5312 DRUG FREE WORKPLACE regarding another employee's activity that may constitute reasonable suspic ion. the following procedures apply: ) Unless initiated by ElIS staff, the Supervisor of the suspected employee must contact the DER in the Risk Management Division and the assigned FIR representative. If outside of normal working hours, the Supervisor will immediately contact the DER. The DER shall make the determination of whether an alcohol and drug test should be administered for a reasonable suspicion case based on the investigation and initial observations.The employee will be required to remain available to submit to both breath alcohol testing and urine drug testing. 2) The Reasonable Suspicion Testing Report must be completed by the Supervisor and/or 1/US staff member who made the determination of reasonable suspicion during the observation. If possible,another Supervisor and/or LHS staff member should be present and complete their own Reasonable Suspicion Testing Report without discussing the indicators,if any,with the employee's immediate supervisor or the initial observer who determined that reasonable. suspicion existed to warrant testing.Such report shall be forwarded to the Division.Director, EHS Manager,and Human Resources Director and shall be kept confidential. 3) The Supervisor of the suspected employee will inform the employee of the suspicion of influence of alcohol,a controlled substance,and/or illegal drugs. Another Supervisor. EHS staff member,or member of management must be present. 4) Upon notification from the DER, the Supervisor and/or EHS staff member will notify the suspected employee(s)to immediately cease the performance of their duties and will advise the employee(s) they will not be allowed to leave the work site in their county or personal vehicle. A County Supervisor will stay with the employee until the authorized collection personnel have arrived at the work.site, and/or will transport the employee to the I3CC- approved testing facility. After the appropriate testing has been completed, the Supervisor will transport the employee to their place of residence.The employee will be placed on paid administrative leave pending the alcohol and/or(intl.;test results. 5) The Test Identification Form(along with the Reasonable Suspicion Testing Form)shall he used to ensure that all documentation is accurate,the proper type of test is provided,and to ensure chain of custody accuracy. D. Random Testing: The Risk Management Department through its EHS Manager or designee will administer the CDL Random Testing Process as described in this policy. ) On an annual basis,for DOT Salety-Sensitive positions,the County will meet or exceed the minimum current Department of Transportation(DOT)percentage requirements for Random Drug testing.The non-DOT Safety-Sensitive positions will be tested at a maximum of 10% annually.The selection of individuals for the random testing shall he made by a Third-Party Administrator using a.computer-based program that will randomly select employees from the County's DOT required employee list.Under this selection process each employee will have an equal chance of being tested each time a random selection is made. 2) The random alcohol and controlled substances tests are unannounced,and the dates and times Page 9 of 14 Page 97 APPENDIX A CMA 1(5312 DRUG FREE WORKPLACE of the testing will be spread reasonably throughout the year, occurring at least once per quarter. 3) The ElIS Manager will provide a list of all current DOT(FMCSA,FAA.ETA)positions and non-DOT Safety-Sensitive employees to the County's outside testing agency for random selection,in accordance with this policy. 4) The EHS Manager serves as the contact person to be notified that a specific DOT and non- DOT Safety-Sensitive employee has been chosen for a random alcohol and drug test. Each affected Division will also have an internal contact person to assist Risk Management in ensuring selected employees are properly tested.The contact person is responsible for seeing that the employee is immediately relieved of any job tasks and immediately transports the employee to the test site to complete their testing. 5) Every attempt will be made to provide the list of randomly selected employees to the employees immediate Supervisor(s)within 24 hours oldie test date.This will allow Division management to adequately arrange work schedules accordingly to ensure efficient and uninterrupted operations.Under no circumstances shall any Division or Supervisor notify the employees who are to be tested prior to their transport to the testing facility on the day of the test. 6) The Test identification form shall be used to ensure that all documentation is accurate,the proper type of test is provided,and to ensure chain of custody accuracy. E. Fitness-For-Duty Testing: Employees may be required to undergo an employee fitness-for-duty medical examination. which may include drug testing. An employee's refusal to undergo a fitness- for-duty medical examination or submit to a drug test is considered cause fin disciplinary action,up to and including dismissal. Any action by the County based upon results of drug tests conducted as part of an employee fitness-for-duty medical examination shall be in accordance with§440.102..Fla. Stat. F. Follow-Up Testing:Follow-up testing will be conducted prior to employees return to work following a positive test result. G. Volunteer Screenings: Volunteers may be required to have a physical examination depending on their volunteer assignment, which may include drug testing, prior to the commencement of their volunteer services. The Risk Management Division will perform and/or coordinate all volunteer drug/alcohol screening and/or testing and communicate the results of such testing to Human Resources personnel. §S312-6.Medical Review Officer. Collier County contracts with a Medical Review Officer(MR0), who is responsible for interpreting and evaluating an employee's test result. A. lithe initial test is positive,the MRO will contact the employee or applicant directly by telephone to discuss the possible use of prescription or non-prescription medications. An employee or applicant who receives a positive confirmed test result may contest or explain the result to the MRO within five working days after receiving written notification of the test result.if the employee's or applicant's rageiii of 14 Page 98 APPENDIX A • CMA#5312 DRUG FREE WORKPLACE .explanation or challenge is unsatisfactory, or where the employee/applicant finis to speak to the MRO,does not return MRO messages,or if'the MRO is unsuccessful in contacting the employee or applicant at the number provided,the MRO shall report a positive test result back to the County. B. if the MR0 informs the County that a positive drug test was diluted.Collier County Government will treat the test as a verified positive test.The County will not direct the employee to take another test since the specimen was positive diluted. C. If the MRO informs the County that a negative drug test was diluted,Collier County Government will treat the test as an"inconclusive"test. Based on the diluted test,the employee shall be required to take a second test. §5.312-7. Positive Results. Upon determination of a positive test for alcohol a.ndlor a controlled substance,regardless of the levels: A. When the MRO confirms positive drug or alcohol tests showing results above the legal limit, the employee must immediately be removed from work and will be placed on unpaid administrative leave for a minimum of seven (7) business days and/or until the County establishes a return-to-work protocol or appropriate disciplinary action recommendation.Based on the severity of the offense,the employee may be recommended for termination of employment: employees in their initial probationary period of employment will be terminated from County service. Employees must submit to and pass required follow-up tests prior to returning to work in any capacity. .13. Employers in Safety-Sensitive Positions or Functions: ) Employees with designated Safety-Sensitive positions who have an MRO positive confirmed test result, and the drug confirmed is an illicit drug under 093.03, Fla. Stat., will be. removed from the safety-sensitive function and recommended for corrective action,up to and including termination of employment. 2) Employees who test positive will be offered the opportunity to participate in a rehabilitation program. If an employee chooses to do so. the County will require employees with designated Safety-Sensitive positions to participate in a Substance Abuse Program as a condition of employment. All employees must agree to complete the entire program (counseling and testing)and act in accordance with the SAP's direction as a condition of continued employment andior returning to a Safety-Sensitive position. Participation is considered a last chance to comply with the County's drug-free workplace policy, and failure to abide by the conditions of the program or SAP recommendation will result in termination of County employment. 3) DOT covered employees must comply with all State and Federal laws applicable to maintaining their DOT-designated position.Where there is a conflict between laws,the most restrictive law shall apply. 4) Employees with designated Safety-Sensitive positions who have an MRO positive confirmed test result,and the drug confirmed is an illicit drug under§893.03.Flu.Seat,will lose the ability to drive a County vehicle for up to one(1)year, in accordance with CMA 5805,Eligibility to Drive County Owned Vehicles. a. The length of time an employee lims their driving ehlability will be based on the SAP's direction, b. If an employee is ineligible to drive a County vehicle, and driving is an essential position function,the employee may be reassigned to a non-driving position,if one is Page I or 14 Page 99 APPENDIX A CMA#5312 DRUG FREE WORKPLACE available and the employee is qualified for the position.Based on the position to which the employee is reassiped,they may receive a reduction in pay for the duration of the reassignment. 5) Employees may appeal any recommendation for discipline as outlined in CMA 53.51, a. If a suspension or termination recommendation is overturned or reduced because of an appeal. the employee will be required to participate in the Substance Abuse Program and will be on a last-chance agreement. b. If an employee is unable to return to a safety-sensitive position,the employee may elect to use any accrued leave time to remain in paid status,rather than being placed into a non-safety-sensitive classification. c. The Substance Abuse Program requirement is not subject to appeal. 6) The employee and/or applicant may contest the drug test result pursuant to law. 7) All costs associated with a Substance Abuse Program are the responsibility of the employee. C. Employees and Volunteers in Non-Safety Sensitive Positions: 1) Employees and Volunteers in Non-Safety Sensitive positions who have an MRO positive confirmed test result and the drug confirmed is an illicit drug under§89.3.03,Fla.Stat.,may be recommended for corrective action,up to and including termination. 2) If an employee is eligible to participate in a Substance Abuse Program, the County may require employees the option to participate in a Substance Abuse Program.All employees must agree to complete the entire program(counseling and testing)and act in accordance with the SAP's direction as a condition of continued employment. Participation is considered a last chance to comply with the County's Drug-Free Workplace Policy,and failure to abide by the conditions of the program or SAP recommendation will result in termination of County employment. 3) Employees and Volunteers in Non-Safety-Sensitive positions who have an MR0 positive confirmed test result and the drug confirmed is an illicit drug under§893.03,El cx.Slat will lose the ability to drive a County vehicle fir up to one(1)year in accordance with CMA 5805, Eligibility to Drive County Owned Vehicles, and may have that length of time extended at the SAP's direction. 4) Employees may appeal any recommendation for discipline as authorized in CMA 5351.. 5) The SAP requirement is not subject to appeal. 6) The employee or applicant may contest the drug test result pursuant to law. 7) All costs associated with a Substance Abuse Program are the responsibility of the employee. D. All Drug and Alcohol testing results arc filed in a confidential file separate from the general employee file.The files are located in Risk Management with secure access limited to the DER. E. Collier County will meet all aspects of 49 CFR Part 40,Subpart P-Confidentiality and Release of Information. E. In the event of a positive Post Offer Drug Test(pre-employment),the applicant will be given the name of an SAP in accordance with Federal guidelines. G. Some violations of this policy are so severe that they may warrant an immediate discharge or other disciplinary action. §53124. Return to Work. Employees who do not fall into the category of Safety-Sensitive positions will be subject to follow-up testing idler a positive test result,prior to returning to their regular duties.Follow-up testing will be scheduled during Page 12 a 14 Page 100 APPENDIX A ('MA#5312 DRUG FREE WORKPLACE the employee's regularly scheduled work hours,and results must be obtained prior to the employee being. allowed to return to any Safety-Sensitive position or prior to being allowed to perform any Safety-Sensitive job tasks.The E HS Manager will coordinate with the appropriate IIR representative to schedule testing,and any follow-up required oldie employee by the SAP.Employees may he required to participate in a Substance Abuse Program upon determination of a positive test. A. Employees in need of assistance in resolving problems associated with alcohol a.ndkir controlled substances use:abuse shall be subject to unannounced follow-up testing as directed by the County's SAP, the Human Resource Division and Risk Management Division, and in accordance with 440.102,Fla.Stra. B. Upon confirmation of a "negative" test result, following the return to work (follow-up) test, the employee may return to any non-Safety-Sensitive position. Employees with designated Safety- Sensitive positions must complete the entire Substance Abuse Program andlor the SAP's recommendations prior to returning to any Safety-Sensitive position or duties. C. The County is committed to providing reasonable accommodations(including rehabilitation)to those employees whose alcohol or drug problem classifies them as disabled under Federal law, and providing they arc not under the influence of drugs or alcohol while on the job. Accordingly. an Employee Assistance Program(EAP)is available for those employees who voluntarily seek help for alcohol andior drug problems. Employees may contact their Supervisor or the Human Resources Division for additional information. D, Outpatient Rehabilitation programs shall be attended on the employee's time and scheduled outside of work hours:where this is not possible,time will he charged against an employee's accrued leave time. In instances where Inpatient Services are required,an employee may request time under I'MLA or other applicable leave of absence. §53 2-9.Employee Notification of Prescription or Non-Prescription Medication. Any BCC employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician andlor pharmacist to ascertain whether the medication may interfere with safe performance of their job. No employee shall report for duty or remain on duty while using any controlled substances, unless such substances are used in accordance with the prescription by and direction of a medical doctor who has advised, based on a review of the employee's job description,that the substance will not adversely affect the employee's ability to safely perform their job. In such cases, employees shall be required to provide written documentation of clearance to perform work activities to their Supervisor before reporting for duty. Any medical documentation must not be retained in divisionidcpartnicnt files and should be immediately forwarded to the Human Resources Division.The failure of an employee to notify their supervisor prior to beginning work may result in disciplinary action,up to and including termination of employment. §5312-10.Training. The Risk Management Division will provide this CMA to all covered employees,informing them that the unlawful manufacture,distribution,dispensation,possession or use of a controlled substance is prohibited in the covered workplace.and specifying the actions that will be taken against employees who violate the policy. Page 13 of 14 Page 101 APPENDIX A CMA#5312 DR(IC FREE WORKPLACE The Risk Management Division will provide annual training,including electronic training programs,to all BCC Supervisors on the dangers of drug abuse in the workplace; our policy of maintaining a drug-free workplace;any available drug counseling,rehabilitation,and employee assistance programs;the penalties that may be imposed upon employees for drug abuse violations and identifying the signs and symptoms of drug and alcohol abuse. Because this is a federal mandated requirement, failure to attend annual:training wilt result in a recommendation for discipline in accordance with CMA 5351,"Discipline". §5312-11.Currency. The Risk Management Division is responsible for maintaining the currency of this Instruction. §5312-12. Reference. Collier County Personnel Ordinance,Ordinance No.2001-50:Drug Free Workplace:It is the Board o f Col lier County Commissioners' policy to prohibit the unlawful manufacture,distribution,dispensation,possession or use of a controlled substance in the workplace. This policy is consistent with§112.0455 and §440.102, Fla.Stat.Additionally,it is the Board of Collier County Commissioners'policy to comply with the Omnibus Transportation Employee Testing Act of 1991 Page 14 of 14 Page 102 APPENDIX B ('MA#5325 'FRAINING,DEVELOPMENT AND EDI TATION [Effective Date:October I. 1998(Revised:October 1,2003:Revised:April 1,20114:Revised:May' 1.26119; Revised: August 7.2019)1 §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 ofthe 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: (I) 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) "Training, 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 he conducted or scheduled to be delivered in-house, Collier County may pay, through the employee's divisional budget. 100% of all incurred costs for pre-approved training, development and/or education programs. (4) The Division Director and/or Department Head have the authority to approve training based on departmental budget considerations and required levels of staff expertise. B. Orientation: ( ) Opportunities for employee orientation arc provided to ensure employees are knowledgeable about County practices, procedures, and operations. The Human Resources Division 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. C. External Training: (I) When the combined costs for program fees and any related travel cost arc less than $L000.t)0 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 Division Director or the Department Head,as appropriate,prior to coMmitment ofpayment and program attendance. Page I of 2 Page I 103 APPENDIX B ('MA PI 5325 TRAINING,DEVELOPMENT AND EDUCATION (2) When the combined costs for program fees and any related travel costs are equal to or exceed $1.000.00 or if overnight or out of state travel is invoked,pre-approval must be obtained via the PRE-APPROVAL FOR EXTERNAL TRAINING form. Pre-approval must be obtained from the Division Director or the Department Head,as appropriate,prior to commitment of payment and program attendance. (3) Within two weeks of return from external training where the costs equaled or exceeded $1,000.00.employees shall complete and submit to their Division Director a Post-Training report. This should detail the valucibenetit of the training received,how the learning will be used on the job,and,if applicable,how knowledge will he transferred to fellow staff. (3) When the request for training involves out-of-county travel,all provisions of the Business Travel CMA 5310 must also be met. (4) For external training,where the combined costs for program fees and any related travel are equal to or greater than $1,000.00, the Department Head and/or Division Director may require an employee to sign a Training Costs Reimbursement Agreement prior to attending. If the employee should voluntarily separate from County service within 12 months following completion of the training session,or each relevant module, if applicable, they will be required to reimburse the County for the cost of the training and related expenses. (Refer to CNA 5322,Separation.) D. 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. (2)For non-exempt employees,the following rules apply: a) Required training assigned through the County's Learning Management System(LMS) shall be completed during work hours on a regularly scheduled work day. b) If an employee wishes to take training for the purposes of professional development using the County's LMS,the employee shall request supervisor approval prior to taking the class. Supervisors shall determine whether the time for training is reasonable and does not negatively impact the workload of the employee or cause undue hardship within the team. c) Absent supervisor approval, training for the purposes of self-enrichment shall be completed during breaks or meal periods. §5325-3..Currency. The Iltiman Resources Division is responsible for maintaining the currency of this Instruction. §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 2 of 2 Page I 104 APPENDIX C ( MA #5344 TurnoN.A.SSISTANCE lEffeetive Date: October 1. 1997 (Revised: March 31. 2001: Revised: October 1, 2003; Revised:January 1, 2005; Revised: April I,2006: Revised: May- I. 2009: Revised August 7. 2019)1 §5344-1. Purpose. The purpose of this Instruction is to pros ide a tuition assistance procedure authorized by the Board of County Commissioners. §5344-2.Concept. A. Employee Eligibility: Regular full-time employees and regular part.time employees scheduled for 30 or more hours per week, who have successfully completed six months of employment(and any relevant probationary period)as of the start date of the course, are eligible to receive tuition assistance i approved.Temporaryjob bank,an&or contract staff are not eligible for tuition assistance. 13. Course Eligibility:To qualify for tuition assistance,the following conditions must be met: I. Approved Degree Program: 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. a. Tuition assistance will he considered for required courses that are part of'an approved degree program. b. Degree program or course pre-requisites do not qualify for assistance. c. The degree program must be approved by the employee's Division Dirwor, Department head and Director. human Resources prior to consideration of cuursework for approval. 2. Job-Related: Courscwork approved for tuition assistance must relate directly to the employee's present job and must improve or maintain job-related skills or be required by the agency(or by law)for the employee to remain employed in that job for a genuine business purpose of the agency(as determined by the concurrent approval process). a. Expenses required for the employee to satisfy the minimum educational requirements for qualification in his/her job do not qualify for reimbursement. b. Educational expenses to qualify the employee for a new trade or business(that is not of the same general type of work as the employee's current job) are not eligible. c. Elective courses that are required as part of the degree program are eligible for assistance. d. Elective courses that are required as part of the degree program.but arc not job- related, are eligible for assistance but may not qualify for tax-free reimbursement based on federal law. 3. Accreditation: Courses must he taken from a fully accredited [as'recognized by the Page I of 4 Page I 105 APPENDIX C CMA ti 5344 TUITION ASSISTANCE Council for I ligher Education Accreditation(01E4 U.S, Department of Education (USDE)or both] college, university or trade school. The degree program, as well as the educational institution, must be accredited, 4. Non-Degree-Related Courses: Charges for a seminar program, workshop, non-credit course,or non-degree-related course are not reimbursable under this procedure. C. Course Approval: Employees must seek approval prior to enrollment when requesting reimbursement from the County. human Resources must receive requests for tuition assistance no later than two weeks after the first day the course be2ins. Applications approved and/or received after that time will not be considered. I. Approval and Funding: Approval of the degree program and each course approval request will be contingent upon the concurrence of the employee's Division Director, Department I lead, the Director of Ulm.=Resources,and the availability of Division budgeted funds. 2. If the Application for Tuition Assistance is not approved by the Division Director or Department head,the Division Director will advise the employee in writing as to the reason for the denial. The application with accompanying explanation will be forwarded to the Human Resources for inclusion in the personnel file. 3, Alternate Funding: Intended courses of study must be otherwise unavailable under state or federal government sponsored programs. a. 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. b. Employees receiving other forms of non-reimbursable financial assistance such as scholarships,fellowships,grants.Veteran's benefits,etc.must disclose such assistance, and will be eligible for tuition expense reimbursement after the financial assistance has been applied to the tuition costs. Duplicate payment is not permitted. A. Tuition Reimbursement: 1.The County will pay 100%of tuition expenses, up to a maximum of six credit hours per academic term,subject to the applicable tuition charge per semester credit hour as outlined below. An academic term is a portion of an academic year during which an educational institution holds classes (semester, trimester, quarter, short-term semester, self-paced learning,etc.). 2. Eligible Expenses Tuition Yes Laboratory Fees(applicable to scienceibealth related courses only) Yes Page 2 of 4 Page I 106 APPENDIX C ('MA#S344 TUITION ASSISTANCE Instructional Materials No Fees (in excess of those specifically related to a per credit-hour tuition No as defined under the State University System of Florida) Online teaming fees(in addition to online learning tuition) No 3. Course Reimbursement:The amount of tuition reimbursed will be the lesser of: • The State University System of Florida average graduate or undergraduate (as applicable)tuition charge per semester credit hour;or • The actual per-credit charge for the relevant academic term (may reflect a negotiated 'partnership rate' specified by the educational institution for Collier County Government employees). 4. Grade Requirements:The employee must receive a grade of"C" or better(C,C I.fl-, etc.)for undergraduate level courses to receive assistance. For graduate level courses, a grade of"IV'or better(B, 9-1-„A-,etc.)shall be required to receive reimbursement. Courses graded on a Pass/Fail basis will be reimbursed with receipt of-Pass". 5. Documentation:The employee must submit documentation including,but not limited to: a. A certified transcript of course grades, mailed directly to the Human Resources Office. b. A tuition payment receipt for each course. c. A statement of disclosure regarding non-reimbursable financial aid (e.g. grants, scholarships,etc.) d. Any other documents as deemed appropriate by the Human Resources Director to support the reimbursement request. 6. Disclosure: Employees shall disclose any other tuition aid received from government and/or other sources (e.g. non-reimbursable grants. scholarships, fellowships, etc.), and may submit a request for reimbursement of paid eligible tuition expenses not covered by such programs. Reimbursement will be determined with consideration of non-reimbursable financial aid which offsets actual tuition expense. Duplicate payment is not permitted under the terms of this Tuition Assistance procedure. 7. Falsification:Should the employee submit documentation which he..fshe knows is false or intentionally misleading, in order to receive benefits for which he/she is not entitled,the employee shall be: a. denied reimbursement b. precluded from further participation in the program,and c. required to repay the County for all tuition reimbursement amounts received while in the Cotmty's employ. The employee may also be subject to further disciplinary action, including, but not limited to,termination of employment. Page 3 of 4 Page 107 APPENDIX C CMA#5344 TUITION ASSISTANCE 8, Classes and assignments are to be completed outside of regular working hours and should not interfere with the employee's work. Employees shall not use any space, personnel,equipment,or supplies of the County in the process of.fulfilling any of the .requirements of the coursework for which they arc being reimbursed. 9. Unsatisfactory work performance during enrollment may result in forfeiture of tuition assistance, IC. Timely Submission: It is the responsibility of the employee to provide the Human Resources Department with all required materials for consideration of tuition reimbursement within 90 days of course completion.Excepting employees who have been absent from the workplace on an approved leave of absence, payment will be denied if documents are submitted atter the 90-day requirement. I 1. Separation: Should the employee separate from County service (voluntary separation or is discharged from County service) within 12 months following completion of coursework for which tuition assistance has been received, hcishe shall reimburse the County for all tuition assistance received within the previous 12-month period (based on date of tuition payment).The County may deduct the reimbursable amount from the final paycheck in compliance with the Fair Labor Standards Act(FLSA). §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-SO. 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. Pagc 4 of 4 Page 108 APPENDIX D REQUEST FOR OUTSIDE EMPLOYMENT Employee Legal Name SAP ID Number County Position Title Start Date in County Position Name of Outside Employer Outside Employer Address Outside Employer Phone# Outside Employment Position Title Days of week worked in outside employment Scheduled Hours Outside Employment Duties and Responsibilities Will this employment conflict in any way with your ability to perform in your County position,or with the,proyisions of the County's Code of Ethics?(CMA 5311( Yes:r I (if yes,please explain below.This will be reviewed to determine if approval is possible) No: 1 have read,understand and will abide by the County Manager's Administrative Practice and Procedure, CMA 53RO,Outside Employment. SIGNED BY: (Employee's Signature) Dote APPROVED BY: immediate Supervisor Dote Division Director/Chief Dote Deportment Head Date Human Resources Division Director Dote Revised March 2020 Page 109