Backup Documents 02/13/2024 Item #16F 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6
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 routingiines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
.
2. (Enter your Dept here)
3. County Attorney Office County Attorney Office CM
1151aq
4. BCC Office Board of County CH by MB Commissioners [s] 2//i6/2Y
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 1
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)
1. 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
si:nature 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 �'is not
during the meeting have been incorporated in the attached document. The County c f4401 n 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 1/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the dt64/0 n option for
Chairman's signature. this 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 1 6 F
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
16 F2
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.
4,#LAA4---
ti
BY: 1,
Clerk
/ia
COPIES FURNISHED:
For Petitioner
Erin F. Medeiros, Esquire
For Respondent
Mark E. Levitt, Esquire
2
1110 SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS&PARAMEDICS LOCAL C +�
1826/I.A.F.F.,INC 16 r
12651 McGregor Blvd• Suite 2-203 •Fort Myers,
F1orida33919(239)334-B222 • (239)334-8240 •Fax:(239)790-2715
E-mail: www.loca11826.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 1&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
DISTRICT4 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
DISTRICT 9&21 � 'i /89.6t
San Carlos Park
DISTRICT 10&22 Eric Roberts
Lee Co.CER
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
16 Fa
CONTRACT BETWEEN
COLLIER COUNTY
BOARD OF COMMISSIONERS
AND
SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS &
PARAMEDICS
LOCAL 1826 - DISTRICT 27
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, INC.
6 F2
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
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ARTICLE 1
PREAMBLE
Section 1.1 —Parties
In accordance with Chapter 447, Part I1 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
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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.
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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 MedFlight, Director
of Operations MedFlight Pilot, and all other employees of Collier County.
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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
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16 F2
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
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16 F ?_
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.
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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 I , Section 6.
Section 4.2—Discipline Recognized
Any and all employees who violate any provision of the law prohibiting strikes or this
Article shall he 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.
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16F2
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.
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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 I.
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.
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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.
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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
Page 1 13
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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.
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16F2
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.
Pagel 15
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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
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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.
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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 I, the grievant or designee, within seven (7)
calendar days of the answer in Step I, 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
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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.
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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.
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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.
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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.
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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.
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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.
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Section 9.6— Maximum Continuous Hours
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.
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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
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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(1 1/2)times his or her rate of pay for each hour spent off-duty in serving as a witness
in trial or deposition. Payments received by the employee for witness duty,except for meals,travel
and lodging expenses, shall be endorsed to the County. Court proceedings mean an appearance in
court; it does not include any other appearance before any other tribunal, except for appearances
on behalf of the County which arise out of the performance of duties as a Collier County EMS/Fire
employee. An employee who appears in Court as a plaintiff, defendant or witness due to personal
litigation will use accrued vacation leave or, if not available, will be on leave without pay.
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.
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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.
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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.
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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
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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
unti I 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,
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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.
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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 Ilours to he Converted
0 up to l 72
1 upto24 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
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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
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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 bank 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).
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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 2-10 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.
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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:
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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).
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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.
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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.
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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.
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• 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.
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Section 18.4—Request to Withdraw From Specialty 1 6 F 2
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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 (1) 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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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*
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• 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 (1) color printer per computer
• One (1) locker per employee assigned to that station daily. Lockers shall be
of adequate size to accommodate the employee's bedding, uniforms, and
personal belongings.
• 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.
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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.
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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.
I. 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 Iol-
a specific shift due to childcare issues.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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6 F ?
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.
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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.
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FOR COLLIER COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL KINZEL OF COLLIER COUNTY, FLORIDA
n •Qlerk of Courts & Comptroller
`L 0i�-r tti
A4kak
D uty. lerk RC1rSt�S0 Chairman's Chris all, Chairman
signature only.
. + 1`'D'ate: a 1) (p 1.2,9
Approved as to legali :
11
olleen Greene
Managing Assistant County Attorney
FOR THE UNION:
7'4 �9�-a., Henry Garcia
Henr baY`cia, President Type or Print Name
Licensed Bargaining Agent for
SWFL Professional Firefighters &Paramedics WITNESS:
International Association of Firefighters
Local 1826 �u.G /5,&//.. -
By: Eric Roberts
02/15/2024 Type or Print Name
Date 2,6).itad.
/�i.
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
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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 188
1 6 F 2
APPENDIX A •
('MA#5312
TG FREE WORKPLACE
!Effective Date: August 1, 1999 (Revised: October 1, 2001; Revised: October 1, 2003: Revised
December 6,20115; Revised June 2, 2006; Revised September 10,2.010; Revised: November 18,2013;
Revised:August 28,2017: Revised:January 4,2024)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(13CC)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 of a workplace free from illegal drugs and alcohol.
C. It is also County policy that all job classifications that are under the authority of the United States
Department of Transportation(DOT)including, but not limited to, the FMCSA, FAA,and FTA,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 to 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,
Authorized 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 Form(CCF).
Commercial Driver's License(CDL):A commercial driver's license is required to operate any combination
of vehicles with a gross combination weight rating(OMR)o 26,00 I lbs.or more,to include a towed vehicle
that is HEAVIER than 10,1)00 lbs.There arc 3 classifications: A,13 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 EMCSA regulatory requirements.
Confirmation Test, Confirmed Test or Confirmed Drug Test is a second analytical procedure used to
identify the presence of a 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.
Pagc 1 0114
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APPENDIX A
CM A/15312
DRUG FREE'WORKPLACE
Controlled Substance is a controlled substance as defined in Schedules I through V of§893.03,Ha Slat
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 i.11egal manufacture.distribution,dispensation,use
or possession of any controlled substance.
Department of Transportation(DOT)This term encompasses all United States DOT(USDur)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 Ad.ministration (NHTSA), the Pipeline and
Hazardous Materials Safety Administration(PHMSA),and the Office of the Secretary(OST).For purposes
of this part,the United States Coat Guard(USCG),in the Department of Homeland Security,is considered
to be a usDur 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 DER also receives test results and other communications for the employer,
consistent with the requirements of this part.The Environmental Health and Safety(17:11S)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
bemeodiazepine;a synthetic narcotic;a designer drug or a metabolite of any of the substances listed in Pia_
,Stat. 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 are 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 Star.
Pagr 2 of 14
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APPENDIX A
('MA#S312
DRUG FREE WORKPLACE
Employer is a person or entity that employs a person and that is covered by the Workers'Compensation
Law.
Federal Drug•Festing Custody and Control Form(C1CF).The Federal Drug Testing Custody and Control
Form(CM 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,
job 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 Drug Testing.*;440.1 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(MRO)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-C1DI 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 usc 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 andor 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.
BC Ca um: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 Sakty-Sensitive fall into this category.
Page 3 GI 14
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6 F 2
APPENDIX A
('NIA#5312
DRUG FREE WORKPLACE
Reasonable-Suspicion Drug Testing. §440.102(n).Fla. Stat defines reasonable suspicion drug testing as
testing based on a belief that an employee is using or has used drugs in violation of the employers 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 drug.
(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 era minor:a position in which a momentary lapse in attention could result in injury or death to another
person; andlor all job classifications that arc tinder 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 not limited to those who operate forklifts, skid steers,
front-end loaders, track hoes,rollers, backhocs,graders, bucket trucks,or any other equipment not
covered.under DoT testing requirements.
(c) ParamediesiParamedie Firefighters/EMTsiPilotsillelicopter Maintenance.
(d) Chemical Laboratory personnel.
(e) Positions where the incumbents arc required to carry firearms or weapons.
(1) Positions that work with or have access to drugs/controlled 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
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National Institute for Occupational Safety and Health(NIOSH)).
(n) Any position that requires an employee to enter an!DUI environment(confined space entry,chlorine
process,trenching and shoring. maintenance of traffic, lockoutitagout,etc.)as determined by Risk
Management and the Division Director.
(o) Non-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(VPK)personnel,Library services,.Lifeguards.'pool attendants,etc.).
(r) Mandatory Drug testing positions as defined by Section 440.102,Fla.Suit.
If there are any changes in work protocol that could move a position into a Safety-Sensitive status, it is the
responsibility of Ikpartment and Division management,along with the Risk Management Environmental
Health &Safety Manager. or designee,to determine if the tasks to be pertimned arc 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 ordentialed by the National
Association of Alcoholism and Drug Abuse Counselors Certification Commission(NA.ADAC),or by the.
International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (IOW), or by the
National Board of Certified Counselors, Inc. and Affiliates/Master Addictions Counselor(NBCC) who
evaluates employees who have violated a DOI'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 be 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 drug/alcohol testing protocol and maintains the required testing
records.They perfomi.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(FMCSA. FT.A 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,Fla.
§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 andior
illegal drugs in County vehicles,use or possession of alcohol.andior 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 andior illegal drugs during the workday,including breaks and meal periods,the
unlawful manufacture,distribution,dispensation or use of alcohol or controlled substances in the workplace,
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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('MA 5351,
A. As a condition of employment,all employees are 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 five days after such conviction.
B. To maintain a safe and healthy work environment and to ensure compliance with stale and federal
laws,County authorizes,at its expense,drug testing under the circumstances and conditions defined
within this Instruction.
C, Employees found to be under 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.
U. 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 and/or 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 test/analysis 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 ease 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 and/or 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-of Er 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,Eta. Sun.or applicable Code
of Federal Regulations(CFR).
The Environmental Health and Safety(El-IS)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
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DRUG FREE WORKPLACE
are considered confidential and are exempt from the provisions of§1I9.07(1),Ha. Stat. and§.24(a),A:rt. 1,
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.
1) 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(FIXY.1)
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
FIX../I release form authorizing the County to obtain these records, lithe 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 fail into the category of"Mandatory-Testing
position" as outlined in §440.102(o), Ha. Stat and/or applicable and current federal
regulations. will be tested fur 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 EHS Manager or designee. In the event of an accident/incident,the
employee's supervisor shall contact the DER tithe EHS Manager)or the assistant DER in the Risk
Management Division and the assigned Human Resources representative. If this occurs outside of
normal working hours, the Supervisor will immediately contact the DER. The Supervisor, 'EMI
Coordinator,ESH Specialist andior 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,If it is determined that an employee should be tested,the employee will be required to submit
to both breath alcohol and urine drug testing. Post AccidentlIneident 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§440.1.02,Ha. Stat.,may be required to submit to
a post-accident drug test as a condition of continued employment.
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2) Vehicular Accident(FDOT Safety-Sensitive):An FDOT-covered employee(FMCSA,FAA,
['TA) shall be tested in accordance with current agency-specific federal regulations in 49
CFR,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-FDOT
process.
3) Vehicular accident(non-FDOT):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,
and/or 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 accidenu'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 are 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 and/or 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 drug/alcohol 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 EFIS :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 and/or EllS
staff will notify the Risk Management Division DER.
Any such reasonable suspicion testing shall be conducted in accordance with §440.102, 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 EMS stall'member observes or receives a complaint
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('MA#53I2
DRUG FREE WORKPLACE
regarding another employee's activity that may constitute reasonable suspicion, the following
procedures apply:
I) Unless initiated by El-IS staff. the Supervisor of the suspected employee must contact the
DER in the Risk Management Division and the assigned HR representative. If outside of
normal working hours, the Supervisor will immediately contact the i)iik. 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 anikor EHS
stall member who made the determination of reasonable suspicion during the observation, If
possible,another Supervisor and'or EHS 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 he 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.anchor illegal drugs. Another Supervisor,.ETIS
staff member,or member of management must be present.
4) Upon notification from the DER, the Supervisor an&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 worksite, and/or will transport the employee to the BCC:-
approved testing facility. After the appropriate testing has been completed, the Supervisor
will transport the employee to their place of residence.The employee will he placed on paid
administrative leave pending the alcohol andlor drug test results.
5) The Test identification Form(along with the Reasonable Suspicion Testing 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.
D. Random Testing: The Risk Management Department through its EHS Manager or designee will
administer the C'l)L Random Testing Process as described in this policy.
1) On an annual basis,for DOT Safety-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 shalt be 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
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of the testing will be spread reasonably throughout the year, occurring at least once per
quarter.
3) The MS Manager will provide a list of all current DOT(EMCSA,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 DDT 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 of the 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 Super-visor 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 lir 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.
Situ.
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.
§5312-6.Medical Review Officer.
Collier County contracts with a Medical Review Officer(MR0), who is responsible for interpreting and
evaluating an employees test result.
A. lithe initial test is positive,the MR0 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 MR0 within
five working days after receiving written notification of the test result.lithe employee's or applicant's
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DRUG FREE WORKPLACE
explanation or challenge is unsatisfactory, or where the employee/applicant fails 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. lithe MRO 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.
tj 5312-7. Positive Results.
Upon determination of a positive test for alcohol and/or 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.
.B. Employees in Safety-Sensitive Positions or Functions:
I) 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-tree 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.Siat,will
lose the ability to drive a County vehicle for up to one II)year, in accordance with CMA
5805,Eligibility to Drive County Owned Vehicles.
a. The length of tam an ariployee loss their driving eligibility will be bused 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
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CMA#53.12
DialG FREE WORKPLACE
available and the employee is qualified far the position.Based on the position to which
the employee is reassigned,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 wilt 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§893,03,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 093.03, Stat,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, and may have that length of time
extended at the SAP's direction.
4) Employees may appeal any recommendation far 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 are 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.
F. In the event ofa 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.
;15312-8. Return to Work.
Employees who do not fall into the category of Safety-Sensitive positions will be subject to follow-up testing
after a positive test result,prior to returning to their regular duties.Follow-up testing will be scheduled during
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APPENDIX A
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DRIWi.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 HR representative to schedule testing,and
any follow-up required of the employee by the SAP.Employees may be 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 and.,Or controlled
substances uselabuse 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.Stat.
B. Upon confimiation 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 are 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 andOr 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.acerued leave
time. In instances where Inpatient Services are required,an employee may request time under EMLA
or other applicable leave of absence.
§5.312-9.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 anchor 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 oldie employee's job description,that the substance will not adversely affect the employees
ability to safely perform their job. In such eases, 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 division/department Ides 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
§5312-1e.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.
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DRI.1G 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 dnag-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
will result in a recommendation for discipline in accordance with CMA 535 I,-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 ofC7ollier
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§112,11455 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.
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APPENDIX B
('MA#5325
TRAINING,DEVELOPMENT AND EDI VATION
!Effective Date:October 1, 1998(Revised:October I.,2003:Revised:April 1,2006;Revised:May
I.,2(109; 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:
(1) Training, development and education programs should provide appropriate resources for
employees and supervisors.The intent of this type of training,development and education
is to improve the competency level of employees, not to enable employees to reach the
minimum requirements of their current job. All such programs must be job related,
(2) "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. livery attempt should be made to meet
our employee's train imedevelopment needs in-house through internal means.
(3) if approved training, development and/or education workshops cannot be 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
.andlor 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:
(1) Opportunities for employee orientation are 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:
(1) When the combined costs for program fees and any related travel cost are less than
$1.000.00 and overnight travel is not required,the request must be made in writing via e-
mail or memo to the employee's supervisor and pre-approval must be obtained from the
Division Director or the Department Head,as appropriate,prior to commitment ofpayment
and program attendance.
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APPENDIX B
CMA 4 532.5
TRAINING,DEVELOPMENT AND EDIJCATION
(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 involved,pre-approval must be
obtained via the PRE-APPROVAL EOR 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 value/benefit 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 arc
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 1.2 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 arid related expenses.
(Refer to CMA 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.
h) 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 fur 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 Human 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:ltis 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.
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APPENDIX C
CMA #5344
Tl'ITION ASSISTANCE
(Effective Date: October I. 1997 (Revised: March 31, 2001; Revised: October 1. 2003;
Revised: January' I, 2005; Rev ised: April I,20(Ki; Revised: May I.2009: Revised August 7.
2019)1
§5344-I. Purpose.
The purpose of this Instruction is to provide 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 if approved.Temporary/job bank,andOr contract
staff are not eligible for tuition assistance.
B. 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 be 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 Director,
Department I lead and Director. Human Resources prior to consideration of
courses,.ork for approval.
2. Job-Related: Coursework 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 liar assistance but may not qualify for tax-free
reimbursement based on federal law.
3. Accreditation: Courses must be taken from a fully accredited [as'recognized by the
ral.%.• “1 4
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APPENDIX C
-CMA#5344
TUITION ASSISTANCE
Council for I ligher Education Accreditation(Cl IEA), 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 fbr tuition
assistance no later than 'wo weeks after the first day the course begins. 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 Head, the Director of human Resources, and the availability of Division
budgeted funds.
2, lithe 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:
I.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 science/health related courses only) Yes
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APPENDIX C
CMA#5344
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 learning fees(in addition to online learning tuition) No
3. Course Reimbursement: The amount of tuition reimbursed will he 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.B-,
etc.)for undergraduate level courses to receive assistance. For graduate level courses,
a grade of"B"or better(B, 134, A-,etc.)shall be required to receive reimbursement.
Courses graded on a Pass/Fail basis will be reimbursed with receipt.01-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.
h. 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 I 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 helshe knows is false
or intentionally misleading, in order to receive benefits for which he/she is not
entitled,the employee shall he:
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 County's employ.
The employee may also be subject to further disciplinary action. including, but not
limited to,termination of employment.
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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 are being reimbursed.
9. Unsatisfactory work performance during enrollment may result in forfeiture of tuition
assistance.
10. 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 alter the 90-day requirement.
II Separation: Should the employee separate from County serviee(voluntary separation
or is discharged from County service) within 12 months following completion of
coursework for which tuition assistance has been received, he/she 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 thitnan Resources Department is responsible for maintaining the currency of this Instruction.
§5344-4.Reference.
Collier County Personnel Ordinance, Ordinance No. 2001.-50. It is the policy of the County to
encourage employees to pursue educational opportunities that will be beneficial to both the
employees and the County.
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APPENDIX D
REQUEST FOR OUTSIDE EMPLOYMENT
Employee Legal Name
SAP ID Number
County Position Title
Start Date n 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 provisions of the County's Code of Ethics?(CMA 5311)
Yes:[ ] (if yes,please explain below.This will be reviewed to determine if approval is possible)
No: Lj
i have read,understand and will abide by the County Manager's Administrative Practice and Procedure,
CMA 5380,Outside Emptoyment,
SIGNED BY:
---
(Employee's Signature) Date
APPROVED BY:
immediate Supervisor Dote
Division Director/Chief Dote
Department Head Dote
Human Resources Division Director Date
Revised March 2020
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