Agenda 06/10/2014 Item #16E 2 6/10/2014 16.E.2.
/'■ EXECUTIVE SUMMARY
Recommendation to approve the Collective Bargaining Agreement between Collier County
and the Professional Firefighters of the Everglades International Association of
Firefighters,Local 3670.
OBJECTIVE: For the Board of County Commissioners to approve a Collective Bargaining
Agreement with the Professional Firefighters of the Everglades International Association of Fire
Fighters,Local 3670("Local 3670").
CONSIDERATIONS: Earlier this year, Local 3670 contacted the County to initiate discussions
to negotiate a Collective Bargaining Agreement to supplant the existing agreement; which has a
September 30, 2014, termination date. Publicly noticed meetings took place in April and May
during which County staff and Local 3670 negotiated terms for a new agreement.
On May 7, 2014, Local 3670 communicated to the County that its membership had ratified the
attached Collective Bargaining Agreement; which, subject to Board approval, has an effective
date of June 10, 2014 and an end date of September 30, 2017. The proposed Collective
Bargaining Agreement further provides for the immediate termination of the previous agreement
upon approval by the Board.
For the most part, Local 3670 employees adhere to the County's practices and procedures
established in the CMAs for the County's non-bargaining unit employees. Only nine Articles of
the previous Agreement were revised during the course of negotiations. While most changes
involved minor clarifications, others promoted management rights by strengthening the oversight
of the use of sick and other approved leave. The employee work period was also addressed to •
establish an employee desired 14 day work period, which also provided fiscal advantages to the
County. The Agreement provides for a 1% increase to the base pay of qualified bargaining unit
members effective as of the County's June 14,2014 pay period. This increase compensates fora
reduction in overall pay resulting from changes made to the work period to equalize firefighter
paychecks. Notwithstanding this minor adjustment to base pay, the reconfigured work period
will result in a reduction to payroll of approximately$39,000 per year.
A copy of the Collective Bargaining Agreement is attached to this Executive Summary for
review.
FISCAL IMPACT: By bringing the proposed Collective Bargaining Agreement to the Board
for approval prior to the existing contract's September 30,2014 termination date,there will be an
immediate savings of overtime costs (and an elimination of employee furloughs to control costs)
under the current agreement. The amended work period will result in an annual reduction to
payroll of approximately$39,000.
LEGAL CONSIDERATION: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
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GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners: (1) approve the
Collective Bargaining Agreement with the Professional Firefighters of the Everglades
International Association of Firefighters, Local 3670, and (2) authorize the Chairman to execute
the Agreement.
Prepared by: Alan McLaughlin,Fire Chief
Scott R. Teach,Deputy County Attorney
Attachment: Collective Bargaining Agreement
/'∎
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�-. COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.2.
Item Summary: Recommendation to approve the Collective Bargaining Agreement
between Collier County and the Professional Firefighters of the Everglades International
Association of Firefighters, Local 3670.
Meeting Date: 6/10/2014
Prepared By
Name: CrotteauKathynell
Title:Legal Secretary, CAO Office Administration
5/16/2014 3:41:48 PM
Approved By
Name: SummersDan
Title:Director-Bureau of Emergency Services,Bureau of Emergency Services
Date: 5/18/2014 9:04:15 PM
Name: McLaughlinAlan
Title:Fire Chief, Ochopee Fire Control District
Date: 5/27/2014 9:23:35 AM
Name: PriceLen
Title:Administrator-Administrative Services,Administrative Services Division
Date: 5/27/2014 1:15:32 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 5/28/2014 1:49:44 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/28/2014 4:03:38 PM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 5/30/2014 12:16:37 PM
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Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/2/2014 3:23:03 PM
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COLLECTIVE BARGAINING AGREEMENT
BETWEEN
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AND
PROFESSIONAL FIREFIGHTERS OF THE EVERGLADES
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 3670
Effective JUNE 10,2014
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TABLE OF CONTENTS
Page#
ARTICLE 1: PREAMBLE 4
ARTICLE 2: RECOGNITION 5
ARTICLE 3: MANAGEMENT RIGHTS 6
ARTICLE 4: STRIKE PROHIBITION AND WORK REQUIREMENTS 8
ARTICLE 5: NON DISCRIMINATION AND EMPLOYEE RIGHTS 9
ARTICLE 6: DUES DEDUCTION 10
ARTICLE 7: UNION ACTIVITY 13
ARTICLE 8: UNION BUSINESS 14
ARTICLE 9: BULLETIN BOARD SPACE 15
ARTICLE 10: EMPLOYEE STATUS 16
ARTICLE 11: WORK PERIOD AND OVERTIME COMPENSATION 17
ARTICLE 12: SENIORITY 18
ARTICLE 13: PROMOTIONS 19
ARTICLE 14: ASSIGNM ENT DURING DISABILITY(Restricted Duty) 21
ARTICLE 15: DISCIPLINE AND DISCHARGE 22
ARTICLE 16: GRIEVANCE AND ARBITRATION PROCEDURE 23
ARTICLE 17: PERSONNEL REDUCTION 29
ARTICLE 18: OUTSIDE EMPLOYMENT 30
ARTICLE 19: SICK LEAVE 31
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TABLE OF CONTENTS (CONT'D)
Page#
ARTICLE 20: BEREAVEMENT LEAVE 34
ARTICLE 21: JURY DUTY AND COURT APPEARANCES 35
ARTICLE 22: MILITARY LEAVE 36
ARTICLE 23: PART-TIME EMPLOYEES 37
ARTICLE 24: HEALTH BENEFITS 38
ARTICLE 25: LIFE INSURANCE 39
ARTICLE 26: PENSION PLAN 40
ARTICLE 27: HEALTH AND SAFETY 41
ARTICLE 28: SALARIES 43
ARTICLE 29: SHIFT EXCHANGE 44
ARTICLE 30: WORKING OUT OF CLASSIFICATION 46
ARTICLE 31: UNIFORMS AND EQUIPMENT 47
ARTICLE 32: EDUCATIONAL DIFFERENTIAL 49
ARTICLE 33: PARKING 50
ARTICLE 34: VACATION LEAVE 51
ARTICLE 35: SAVINGS CLAUSE 53
ARTICLE 36: ALCOHOL AND DRUG TESTING 54
ARTICLE 37: DURATION 56
ARTICLE 38: HOLIDAYS 57
ARTICLE 39: MEDIC RESCUE 58
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ARTICLE 1
PREAMBLE
Section 1.1
This Agreement is entered into by and between Ochopee Fire Control District, a
dependent taxing district, whose governing board is the Board of County Commissioners of
Collier County, Florida, (hereinafter referred to either as the "Employer" or the "County") and
the Professional Firefighters of the Everglades International Association of Firefighters, Local
3670, (hereinafter referred to as the "Union"). It is the purpose of this agreement to achieve and
maintain harmonious relations between the Employer and the Union; to provide for equitable and
peaceful adjustment of differences that may arise under this Agreement and to establish wages,
hours,and other conditions of employment.
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ARTICLE 2
RECOGNITION
Section 2.1
The County hereby recognizes the Union as the exclusive bargaining agent for all
employees of the Fire Department as certified by the Public Employees Relations Commission,
Certification#1138, OR-96-002.
The appropriate bargaining unit is comprised as follows:
INCLUDED: All employees of the Ochopee Fire Control District occupying the
classifications of firefighter and lieutenant.
EXCLUDED: All other employees of the Ochopee Fire Control District.
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ARTICLE 3
MANAGEMENT RIGHTS
Section 3.1
Except as otherwise provided in this Agreement, the management of the Ochopee Fire
Control District and the direction of its work force, including but not limited to the exclusive
rights to determine whether all or any part of the operations covered by this Agreement shall
commence, cease, continue,reduce or increase;to remove the operation or any part thereof to any
location; to establish new jobs; to abolish or change existing jobs; to increase or decrease the
number of jobs or employees;to change materials,processes,products, service,equipment, work
schedules and methods of operation;to introduce new materials, equipment, services or facilities;
to assign work to be performed; to assign or reassign employees to shifts, create or abolish shifts
and rotate shifts; to require employees to work overtime; to establish and change hiring
procedures; to set the work schedules; to transfer employees from job to job or shift to shift,
either on a permanent or temporary basis; to evaluate and direct the work of the employees
covered by this Agreement; to maintain, enforce, rescind or change County policies, procedures,
rules of conduct, orders, practices, directives and other operational procedures, policies and
guides not inconsistent with this Agreement; to establish the standards of conduct and work of
employees; to establish or change operational standards; to determine the services to be provided
by the County; to discipline or discharge employees for just cause; to lay off employees from
duty for lack of work or for other operational reasons; to establish requirements for employment;
to promote and demote employees and to have complete authority to exercise those rights and
powers incidental necessary for the orderly and efficient operation of the District, shall be vested
exclusively in the County.
The Employer's failure to exercise any right hereby reserved to it or its exercising any
right in a particular way shall not be deemed a waiver of its right to exercise such right nor
preclude the Employer from exercising the same right in some other way not in conflict with the
express provisions of this Agreement.
Section 3.2
There shall be complete recognition of the right, responsibilities and prerogative of
County management under this Agreement. This Agreement shall be so construed that there
shall be no diminution or interference with such rights, responsibilities and prerogatives, except
as expressly modified or limited by this Agreement.
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Section 3.3
If, in the sole discretion of the County Manager, it is determined that a civil emergency
condition exists, including but not limited to riots, civil disorders, hurricane conditions or other
catastrophes, the provisions of this Agreement may be suspended by the County Manager during
the time of the declared emergency, provided that wage rates and monetary fringe benefits shall
not be suspended.
Section 3.4
II
It is understood by the parties that every incidental duty connected with the operations
enumerated in job descriptions is not always specifically described and employees, at the
discretion of management, may be required to perform other jobs related to public safety
functions not specifically contained in their job description.
Section 3.5
Delivery of County services in the most efficient, effective and courteous manner is of
paramount importance. Accordingly, the Union agrees that it will instruct its members to work
diligently.in order that the services performed meet the above standards.
Section 3.6
Those inherent managerial functions, prerogatives and policy-making rights which the
Employer has not expressly modified or restricted by a specific provision of this Agreement are
not in any way subject to the grievance and/or arbitration procedure contained herein.
•
Section 3.7
This Article does not remove the right of the Union to request impact bargaining on any
management decision that is a mandatory subject of bargaining, as long as the Union's request is
in writing. Any such request must be made within ten (10) calendar days of notice of such
change to the Union, or, if no notice is given, within ten (10) calendar days of when the Union
should have upon the exercise of due diligence become aware of such change.
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ARTICLE 4
STRIKE PROHIBITION AND WORK REQUIREMENTS
Section 4.1
The Union and bargaining unit members do not assert and will not assert or advocate any
right to engage in any concerted work stoppage, slow down or strike, or to withhold services or
otherwise hinder the County's operations. Each employee who holds a position with the Union
occupies also a position of special trust and responsibility in maintaining and bringing about
compliance with this Article and the strike prohibition of Section 447.505, Florida Statutes and
the Constitution of the State of Florida,Article 1, Section 6.
Section 4.2
Any and all employees who engage in a strike or in any violation of the strike prohibition
under the Florida Constitution or Chapter 447, Florida Statutes, or this Article shall be
disciplined, up to and including discharge, by the County, and any such action by the County
shall not be grievable or arbitrable under the provisions of Article 16 -Grievance and Arbitration
Procedure,except to determine if the employee engaged in a violation of this Article. There shall
be no lockout by management during the term of this Agreement.
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ARTICLE 5
NON-DISCRIMINATION AND EMPLOYEE RIGHTS
Section 5.1
Neither the County nor the Union shall discriminate against any employee covered by this
Agreement because of Union membership or non-membership.
Section 5.2
Employee rights as provided by local, state and/or federal law are hereby preserved;
provided that allegations of discrimination based on race, sex, religion, national origin,disability,
age or color will be resolved in the appropriate court or administrative agency and not under
Article 16,the Grievance and Arbitration Procedure.
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ARTICLE 6
DUES DEDUCTION
Section 6.1
The County shall deduct from the pay of all Union members who authorize such
deduction, the monthly dues payable to the Union. The County reserves the right to bill the
Union for the initial setup cost of dues deduction if the Clerk of the Court charges the County for
this service in an amount not to exceed Seventy Five($75)Dollars.
Section 6.2
Payroll deduction shall be accomplished each
only be responsible for deducting dues associated with thre 26 paycheck schedule. There is no
obligation for the County to deduct dues from specially prepared checks, such as early vacation
pay. Currently the dues amount to be deducted every pay period is twenty-five dollars ($25.00).
Section 6.3
Employees desiring the dues deduction shall authorize it by completing an appropriate
form prescribed by the County. The form is attached hereto as Exhibit 1.
Section 6.4
The Union agrees to indemnify the County, and hold it harmless, from and against any
liability, real or asserted, of any kind or nature whatsoever, to any person or party, on account of
the County's compliance or efforts to comply with this Article. The County has no obligation to
inform employees of the amount of Union dues or change of such dues.
Section 6.5
It shall be the Union's obligation to keep the County at all times informed, by
certification by the Secretary/Treasurer of the Union, of the amount of the uniform dues. Dues
will only be deducted for employees who comply with Section 1 of this Article and who
authorize deduction of dues by executing Exhibit 1.
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Section 6.6
The County's monthly transmission of dues money to the Union will be accompanied by
a list of names of employees affected, and the amount transmitted with regard to each.
Section 6.7
The County will not deduct or transmit to the Union at any time any monies representing
fines, fees,penalties,or special assessments.
Section 6.8
The obligation to commence making deductions on account of any particular
authorization shall become effective with respect to the calendar month following the month in
which the authorization is received, provided it is received on or before the 20th of the month by
the County.
Section 6.9
Any employee may withdraw from membership in the Union at any time upon 30 days
written notice to the County and the Union. Upon receipt of such notification, the County shall
terminate dues as soon as practical.
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ARTICLE 6-- EXHIBIT 1
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ARTICLE 7
UNION ACTIVITY
Section 7.1
There shall be no discrimination, interference, restraint, or coercion by the Employer
against any employee for his activity on behalf of, or membership in,the Union. Nor shall there
be any discrimination, interference, restraint, or coercion by the Union or any Union member
against any employee because of that employee's refusal to join the Union or participate in Union
activity.
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ARTICLE 8
UNION BUSINESS
Section 8.1
Meetings mutually set by the Employer and Union shall be set so as not to interfere with
the Union spokesperson's work schedule. To this end, meetings will be scheduled during the
Union spokesperson's off-duty hours unless this is mutually agreed to be impossible.
Section 8.2
Union members shall be allowed to hold meetings at Fire Stations after 1900 hours
provided such meetings do not interfere with training or any scheduled activities of the
Department.
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ARTICLE 9
BULLETIN BOARD SPACE
Section 9.1
The Union may provide a bulletin board at its expense and the Employer restricts its use
to notice of Union meetings/activities and meeting minutes. No political notices shall be
displayed. A copy of all notices to be posted will be provided prior to posting to the Fire Chief
or his designee.
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ARTICLE 10
EMPLOYEE STATUS
Section 10.1
The Employer shall maintain and post annually a current seniority list. This list shall be
used whenever called for by specific articles and sections of this agreement and in such other
cases as may be agreed upon by the Employer and the Union. Once this list is received, the
Union has five (5) business days to raise any issues as to the correctness of the list. Otherwise,
the Iist will be accepted as correct for all purposes.
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ARTICLE 11
WORK PERIOD AND OVERTIME COMPENSATION
Section 11.1
This Article is intended to define the normal hours of work and to provide the basis for
the calculation and payment of overtime compensation. Employees in the classifications
Firefighter and Lieutenant Firefighter shall work one of the following regular schedules:
A. Twenty-four (24) hours on duty followed by forty-eight (48) hours off duty in a
repeating rotating schedule.
B. If any other shifts are started other than as set forth above, the County will advise
the Union and, upon request,negotiate over the new shifts prior to the implementation.
C. Nothing in this article shall be interpreted as a guarantee of any number of hours
of work per day or per week.
Section 11.2
Overtime will be paid in accordance with the Fair Labor Standards Act.
Section 11.3
Nothing in this Article or in this Agreement shall be interpreted as prohibiting or in any
way restricting non-bargaining unit members from performing bargaining unit work.
Section 11.4
The County has established a work period that shall begin at Saturday 0800 hours and end
14 days later on Saturday 0800 hours. During this period, bargaining unit members will be paid
115 straight time hours (106 regular time + 6 OT @ 1.5 = 115 straight time). Time and one-half
the employees' regular straight-time rate will be paid when an individual works a shift/shifts
beyond those that are regularly scheduled in the work period. Employees will be paid on the
same pay cycle as other County employees.
Section 11.5
Compensatory leave time may be authorized at the Employer's discretion to maintain
shift status. Compensatory leave time shall be accrued at the rate of time and one-half for each
hour worked. The Employer may not prohibit an Employee from using accrued compensatory
leave time unless the time off would create a disruption in operations. All other rules governing
the application of compensatory time shall be as set forth in CMA#5341(14),which is attached.
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ARTICLE 12
SENIORITY
Section 12.1
Seniority is defined as continuous service with the Ochopee Fire Control District and is
that time actually spent on active payroll. The seniority date shall be an employee's last date of
hire in the Ochopee Fire District. Prior service with Collier County Government or with any
other public agency will not count except to the extent required by law. Employees with the
same employment date shall be assigned to the seniority list by the lowest four digits of their
social security number with the lowest number having greatest seniority. It is agreed that the
seniority provisions of this Agreement shall not apply to employees who have not completed
their probationary period; however, upon the satisfactory completion of his/her probationary
period the employee will be entered on the seniority list as of the original date of hire.
Section 12.2
The first six (6) months of employment with Ochopee Fire Control District shall be
considered probation. An employee will be off probation and considered a regular full-time
employee upon receipt of a "meets expectation or above" evaluation, which is performed after
six (6) months of employment. Probation may be extended in three-month increments to achieve
certifications required for employment. During the extension of probation, a person can be
evaluated and made a regular employee at any time. During the probationary period, including
any mutually agreed upon extension, the probationary employee is not entitled to utilize the
grievance and arbitration procedure under Article 16 of this contract.
Section 12.3 Break in Continuous Employment
When there has been a break in continuous employment for thirty (30) days or more,
except for any approved leave or a layoff, the affected employee, upon reinstatement or re-
employment, will be considered a new employee for all purposes under this contract.
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ARTICLE 13
PROMOTIONS
Section 13.1
Promotions are offered in an effort to recognize and reward an employee for acceptance
of increased responsibilities. A promotion occurs as a result of a competitive process for a
vacant position. Ochopee department employees who meet the minimum requirements
established in the position classification and successfully complete the promotional testing
process will be given first consideration in filling the vacancy.
Upon promotion to a classification with a higher pay grade,the employee shall receive up
to a 10 percent (10%) pay increase or the base salary of the new position, whichever is greater,
pursuant to County CMA#5341 (attached).
Section 13.2
Any time an employee accepts a promotion to any position within the District, that
employee shall be on probation for the first six months in the new position. At any time during
the six-month probationary period, the employee may be demoted without recourse provided the
employee is returned to the employee's prior job classification without loss of seniority, as soon
as an opening permits. A demoted employee will be paid at the rate the employee would have
received had he/she not been promoted. The demoted employee will be provided a written
explanation as to why he or she was demoted.
Section 13.2
In order to get promoted from firefighter to lieutenant, you must be on the OFCD acting
officer in charge list. This OFCD acting officer in charge list lasts indefinitely and can be tested
from when the employee becomes eligible. In order to be eligible to take the test, you must have
worked for OFCD for at least the last five (5) consecutive years as a full time employee, must
possess a current State Fire Officer 1 certificate and/or an Associate Degree in Fire Sciences.
Whenever a lieutenant's position becomes available,the only personnel eligible to test for
that position are the personnel already on the OFCD acting in charge list. If there is only one
OFCD employee on the list, the position automatically goes to that employee with no test
necessary.
Promotional testing (separate from OFCD acting office in charge testing) will take place
only when there is a promotional opening and there will be no list for future promotions. In the
event that the newly promoted Lieutenant does not pass the probationary period, the individual
with the next highest qualifying score will be awarded the position and so on.
Promotional testing will consist of an oral testing board and a written exam. The written
exam will consist of one hundred (100) questions from the current IFSTA company officer book
and fifty (50) questions from the OFCD policy/SOGs. The test will be changed for each
promotional testing cycle so as not to give advantage to anyone who has taken it previously. In
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addition to the internal testing representatives, no less than two (2) officers from an outside
agency of Captain's rank or higher will be on the oral testing board.
The current list for promotions will remain in effect until December 31, 2014.
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ARTICLE 14
ASSIGNMENT DURING DISABILITY(Restricted Duty)
Section 14.1
Any member of the bargaining unit that is unable to work shall receive compensation
consistent with Workers' Compensation Laws, Federal Laws, and Disability Insurance. A
bargaining unit member may be assigned to a restricted duty position, due to a temporary
disability and, if so, shall be assigned a duty schedule consistent with the physician order and be
compensated as if they worked their regular shift schedule regardless of the actual hours worked
as long as there are accumulated leave hours banked to cover any nonproductive time. If assigned
to temporary duty, accumulated leave will be utilized to maintain the bargaining unit member's
normal salary. Compensation and fringe benefits will be paid in accordance with the normal
gross weekly wage of their regular position. The Employer may coordinate such payment of
compensation with applicable Workers' Compensation Laws, Federal Laws, Disability
Insurance,and other sources that contribute to or govern the payment of compensation.
In no case shall such an employee receive compensation, which shall exceed their normal
compensation nor shall the Employer extend such restricted duty assignment, if provided, beyond
the date of maximum medical improvement. Temporarily disabled employees both due to
disabilities occurring on or off duty, shall return to temporary duties, if offered, or full time
normal duties, subject to such release by their treating physician. The Employer reserves the
right to seek an independent medical opinion as it deems necessary with the cost of such
independent medical examination to be borne by the Employer. Nothing in this section shall be
construed to prevent or limit the Employer in determining the type of temporary duty assignment
or the number of hours per day or week for such assignment consistent with medical limitations.
An employee under such temporary restricted duty assignment shall continue to be responsible
for the payment of their employee contribution, if any, under the County's group insurance
program.
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ARTICLE 15
DISCIPLINE AND DISCHARGE
Section 15.1
All matters of discipline involving any employee covered by this Agreement shall be
governed by the Collier County Human Resources Administrative Practices and Procedures
Manual, County Manager's Agency Instruction 5351 (CMA #5351)—Discipline (attached), as
amended from time to time, and shall not be subject to the Grievance and Arbitration Procedure
(Article 16)contained in this Agreement.
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ARTICLE 16
GRIEVANCE AND ARBITRATION PROCEDURE
Section 16.1
In a mutual effort to provide a harmonious working relationship between the parties to
this Agreement, it is agreed to and understood by both parties that there shall be a procedure for
the resolution of grievances between the parties arising from any alleged violation of a specific
term of this Agreement.
Section 16.2
Definition: For the purpose of this Agreement, a grievance is defined as a dispute, claim
or complaint that any employee or group of employees may have as to the interpretation,
application, and/or alleged violation of some express provision of this Agreement which is
subject to the Grievance Procedure.
Section 16.3
Nothing in this Agreement shall be construed to prevent any employee from presenting,at
any time, his/her own grievance in person or by a representative to the Employer and having such
grievances adjusted without the intervention of the bargaining agent; provided the adjustment is
not inconsistent with the terms of this Agreement and a Union Steward is given the opportunity
to be present at any meeting, if held, and provided further that any scheduled meeting, if any,will
not be delayed for more than twenty-four hours to allow for the presence of a steward. The
Union will be notified by the Employer of the disposition of the grievance within ten (10)
working days of the decision. If the grievant requests Union representation, the grievant will
notify the Employer. It is the responsibility of the grievant to notify the Union of any meeting
called for the resolution of grievances, whether or not the employee desires to be represented by
the Union.
Section 16.4
A. Every reasonable effort will be made by the parties to settle all grievances as soon
as possible. The time limits set forth shall be strictly complied with, and can only be extended by
mutual agreement of the parties in writing. Any grievance shall be considered settled at the last
level considered if the grievant fails to timely process his/her grievance.
B. The Union will not be required to process grievances for employees who are not
members of the Union.
C. The commencing of legal proceedings against the County in a court of law or
equity, or before the Public Employee Relations Commission, or any other administrative agency
for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an
election of remedy and shall be deemed a waiver by said employee or the Union of its/their right
to resort to the grievance and arbitration procedure contained in this Article.
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Section 16.5
All grievances, as outlined above, must be in writing and must contain the following
information:
(1) Article and Section of the Agreement alleged to have been violated;
(2) A statement of the grievance, giving facts, dates and times of events, and
specific violations with the remedy or adjustment desired;
(3) Signature of aggrieved employee and date signed;and
(4) Signature of the Union representative (must be a designated official or
steward) if the grievant requests Union representation and is a Union member.
Any grievance not containing the information set forth above or not timely submitted may
be processed through the grievance procedure, but shall not be subject to arbitration absent the
mutual consent of the parties. The grievance must be submitted and completed in full as set forth
in Exhibit 2 of this Agreement.
Section 16.6
Grievances shall be processed in accordance with the following procedures:
STEP 1: The grievant shall present in writing his/her grievance to the Fire Chief or
designee within fourteen (14) calendar days of the occurrence of the action giving rise to the
grievance. Discussions will be informal for the purpose of settling differences in the simplest
and most effective manner. The Fire Chief or designee shall reach a decision and communicate
in writing to the grievant within fourteen (14) calendar days from the date the grievance was
presented to him/her. Failure of the Fire Chief or designee to timely respond shall be considered
a denial of the grievance and shall entitle the grievant to appeal to Step 2.
STEP 2: If the grievant does not settle his/her grievance in Step 1, the grievant,
within fourteen (14) calendar days after the response is received at Step 1 of the Grievance
Procedure, may present it to the Bureau of Emergency Services Department Director, or his/her
designee. The Director or his/her designee shall investigate the alleged grievance as appropriate
and may, within fourteen (14) calendar days of receipt of the written grievance, conduct an
informal hearing or meeting between him/herself, the grievant, and others as necessary. The
Director or his/her designee shall notify the aggrieved employee in writing of the decision not
later than fourteen (14) calendar days following the conclusion of the investigation and/or
hearing of the grievance in Step 2. Failure of the Director to timely respond shall be considered a
denial of the grievance and shall entitle the grievant to appeal to Step 3.
STEP 3: If a grievance, as defined in Section 16.5 of this Article, has not been
satisfactorily resolved within the grievance procedures, the grievant may, within fourteen (14)
calendar days after the response is received at Step 2 of the Grievance Procedure,request a panel
of seven arbitrators from the Federal Mediation and Conciliation Service. A copy of the written
request will be provided to the Director.
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Section 16.7
Upon receipt of the list, an arbitrator shall be selected from such panel by alternately
striking names from this list(the grievant shall strike first) until the last name is reached.
Section 16.8
The following general rules are applicable to this Article:
A. The Union or employee may abandon or settle a grievance. Grievances settled
under this Article shall be non-precedent setting and cannot be offered as evidence or precedent
in any subsequent arbitration case unless the Union and the County mutually agree in writing that
the grievance is precedent setting.
B. No grievance can be amended or supplemented after the initial management
response at Step 1 without the written consent of the Director.
C. The arbitrator shall not have the power to add to, subtract from, modify, or alter
the terms of this Agreement.
D. The arbitrator shall have no power to establish wage scales, rates of pay for new
jobs,or to change any wage,except if he is specifically empowered to do so by both parties.
E. The arbitrator shall have only the power to rule on grievances arising under this
Agreement, as defined under Section 16.2 and which comply with the requirements of Section
16.4 (A)and (C), Section 16.5 and the time limits established by this Article.
F. The arbitrator shall determine each dispute in accordance with the terms of this
Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no
Submission Agreement,then the arbitrator will rely on the grievance under Section 16.5.
G. The arbitrator shall not receive into evidence nor rely upon any past practices that
occurred prior to the date of execution of this Agreement.
H. The arbitrator, from any back pay award, shall deduct any unemployment
compensation received by the grievant.
I. The arbitrator's sole authority with regard to monetary awards is the award of
back pay. No interest,costs or other damages of any type whatsoever may be awarded. Back pay
may be awarded for the time prior to the date of filing of the grievance, up to but no more than
one(1)pay period prior to the filing of the grievance.
J. Only grievances based on events or occurrences, which occur after the date of the
execution of the Agreement can be processed under this Article.
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Section 16.9
There shall be no appeal from the arbitrator's decision; it shall be final and binding on the
Union and on all bargaining unit employees and, after final approval by the Board of County
Commissioners, on the County;provided, however, that the arbitrator's decision is not outside or
beyond the scope of the arbitrator's jurisdiction and authority as set forth in this Agreement.
Section 16.10
The costs for the arbitrator fees and expenses shall be borne equally by the parties.
Expenses for witnesses, attorneys and requested transcripts shall be borne solely by the party
requesting and/or utilizing them. Transcripts, if recorded by a court reporter, may only be
obtained directly from a court reporter.
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EXHIBIT 2
IAFF LOCAL 3670
GRIEVANCE PROCEDURE
I,
(Last Name) (First Name) (Middle Name) (Class/Rank)
submits the following grievance which took place on
(Date/Time of Day)
at against
(Location) (Name)
Article(s) and Section(s) of the Labor Agreement alleged to have been
violated
Statement of Grievance:
Date,Details, and Facts upon which grievance is based:
Remedy or Solution requested:
(Signature of Employee) (Date)
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Step I) Discussion of Grievance with Fire Chief:
Resolved p Unresolved ❑ Date:
Submitted to Step 2 - Date:
Step 2) Discussion of Grievance with Emergency Services Director
Resolved ❑ Unresolved
❑ Date:
Submitted to Step 3 - Date:
Step 3) Arbitration Panel from the Federal Mediation and Conciliation Service:
Date:
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ARTICLE 17
PERSONNEL REDUCTION
Section 17.1
In the event of a reduction in force, the County will consider a number of relevant factors
in determining selections for layoff, with the public interest to be of prime importance. Factors
to be considered include, but are not limited to:
A. The average rating on the performance evaluations for the last 3 years;
B. Conduct/disciplinary record for the last 3 years;
C. Attendance record for the last 3 years;and
D. Seniority within classification.
As between two employees in the bargaining unit, if the County in its sole discretion
determines factors A, B and C are relatively equal at the time of layoff, then seniority shall
prevail.
Section 17.2
Recall will be in reverse order of layoffs. No new bargaining unit employees will be
hired by the County until all members of the bargaining unit who were laid off in the prior 6
months are offered recall. Within three (3) work days of a certified receipt date, laid off
employees must signify in writing, their intention of returning to work, to the Chief or his
designee. Failure to respond to the notice within the prescribed time limits previously stated
shall constitute a resignation by the employee.
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ARTICLE 18
OUTSIDE EMPLOYMENT
Section 18.1
Employees shall at all times bear in mind that they are seen by the general public, while
off duty as well as on duty, as personnel of the County and shall at all times conduct themselves
in a professional manner.
Section 18.2
Employees accepting employment with any other employer while employed by the
County shall do so only so long as the employment is not a conflict of interest. In such instances,
the employee's primary obligation shall continue to be to the County and he/she shall arrange
his/her affairs accordingly. Before accepting outside employment of any kind, the employee
must give a written notification to the Fire Chief, and follow the County CMA#5380 (attached)
procedures for requesting outside employment. Outside employment must not prevent the
employee from being mentally and physically able to work when the employee reports for duty
with the County.
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ARTICLE 19
SICK LEAVE
Section 19.1
A. Eligibility
All regular and probationary employees shall be entitled to accrue and use accumulated
sick leave with pay from the date of hire. Under no circumstances shall temporary or other non-
regular employees be eligible under this provision.
B. Accrual of Sick Leave
1. Regular employees hired after September 30, 1993, shall accrue 5.17 hours
of sick leave per bi-weekly work period
2. Regular employees hired on or before September 30, 1993, shall accrue
6.47 hours of sick leave per N-weekly-work period.
3. Employees may accrue an unlimited number of sick leave hours
throughout their County career.
4. Employees hired from Constitutional Officer agencies without a break in
continuous service,or a break in service of less than 30 days,may transfer their accumulated sick
time. The date of hire with the Constitutional Officer Agency shall determine the accrual rate.
5. Temporary or seasonal employees do not receive sick leave accrual nor
does their temporary employment count toward years of service.
6. Sick leave shall be accrued on regular hours worked, earned annual leave
taken,earned sick hours taken,holiday hours,jury duty and military leave.
7. Leave without pay and overtime hours are excluded from sick leave
accrual.
C. Use of Sick Leave
1. The minimum charge for sick leave shall be in thirty(30)minute units.
2. Sick leave may be granted for the following purposes:
a. Personal illness or injury.
b. Appointments with medical, dental, or other recognized
practitioners for consultation or treatment of the employee.
c. Serious illness and/or disability in the employee's immediate
family, for up to five (5) days for any one incident. (Note: Immediate family is defined as:
spouse, mother, father, brother, sister,or children.)
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d. Disabilities arising out of pregnancy, childbirth, and recovery there
from shall be treated as other temporary, non job connected disabilities in terms of eligibility for
sick leave,vacation, or leave of absence.
D. Notification and Proof of Illness
1. The employee or his/her representative shall be responsible for notifying
the Lieutenant before work or within the first hour of the employee's normal workday on each
day of absence. Failure to provide timely notice may be cause for denial of sick leave pay for the
period of time.
2. The Fire Chief or designee is responsible for determining that sick leave is
properly authorized and used in accordance with these rules.
3. The Fire Chief or his designee may require proof of illness at any time,
whether for the employee of his/her immediate family, when there is a pattern or practice of sick
leave usage or when there is a basis to form a reasonable suspicion that sick leave is being
abused.
4. When an employee has had an illness which requires hospitalization or
results in absence from work for more than two (2)_consecutive shifts, the employee shall
provide a doctor's certificate stating that the employee may return to work to be eligible for sick
leave pay.
5. In cases of accident or injury, a medical leave may be granted without
prior notice. If the leave is due to an accident that happens at work, the Department Director
must notify the Human Resources Department and the Risk Management Department
immediately.
6. An employee is generally required to first use all accrued sick leave, then,
if approved by the Fire Chief or designee vacation leave,when out on leave for medical reasons.
E. Sick Leave Pay Upon Termination: Sick Leave will be paid in accordance with
CMA 5360—Leaves of Absence.
F. Attendance Incentive Plan
1. The Attendance Incentive Plan is designed to reward regular full and
regular part time employees with good attendance records, on an annual basis, by permitting
them to convert a portion of their accrued,unused sick leave to vacation and/or pay.
2. For administrative purposes, the attendance record of each employee is
reviewed by the Human Resources Department on an annual basis from January 1 to the end of
the last pay period of the calendar year. The attendance incentive will be tabulated by using the
leave report provided by the Payroll Department. To be eligible for the incentive, an employee
must have completed one(1)full year of employment on December 31.
3. The conversion of sick leave shall be in accordance with the following
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schedule:
Sick Leave Used During Year Incentive
None used-Perfect Attendance Convert 3 days sick leave to vacation or
convert 3 days sick leave to one day
vacation and two day's pay.
1 day or less used(normal workday) Convert 2 days to vacation.
2 days or less used(normal workday) Convert 1 day to annual vacation.
More than 2 days used(normal workday) No hours may be converted.
4. Employees who do not wish to convert unused sick leave may continue the
accrued hours in their sick leave account provided the Human Resources Department is advised
of this choice in writing.
5. Employee participation in the leave bank program will not impact their
eligibility for the Attendance Incentive Program.
G. Sick Leave Bank
1. A member does not need to deplete his/her vacation accrual in order to receive
hours from the Leave Bank.
2. An employee must be a Sick Leave Bank member for at least six months in order
to apply for supplemental hours.
3. An employee must apply and be approved for Short Term Disability benefits in
order to receive hours from the Leave Bank.
4. If approved, the employee will receive Short Term Disability benefits and the
Leave Bank will supplement those benefits in an amount equal to 26 hours per work period.
5. If desired, an employee may supplement these benefits with vacation time.
6. Upon requesting hours from the Leave Bank, an employee may be required to
provide an explanation of sick leave usage if he/she is a long term employee with little or no sick
leave accrual or if he/she has consistently used sick leave as it was accrued and has never shown
an intent to accumulate hours for future unforeseen circumstances that may require an extended
leave.
7. Leave Bank hours will be granted for scheduled medical treatments that
temporarily incapacitate an employee's ability to work a normal schedule.
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ARTICLE 20
BEREAVEMENT LEAVE
Section 20.1
A. In the event of a death to a member of an employee's immediate family,
bereavement leave with pay shall be granted. This is a separate leave account and is not charged
against any other leave account. Bereavement leave may be taken as one (1) 24-hour shift or up
to two (2)24 hour shifts for an out-of-state death or three(3)eight-hour days depending upon the
circumstances.
B. Bereavement leave is intended to be used for funeral arrangements and/or funeral
activities,travel to and from the location of the funeral and time to attend the funeral.
C. For purposes of this policy, family is defined as: husband, wife, mother, father,
mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, children, foster
children, step-parents, step-children, grandchildren, grandparents, aunt, uncle, or a close relative
living with the employee.
D. Additional days, if requested, may be granted to an employee and charged against
the employee's accrued vacation or personal leave. Sick leave may not be used for bereavement.
E. Each employee requesting and receiving paid bereavement leave may be required
to furnish evidence of the name and relationship of the family member involved. Such evidence
might include a physician's statement,death, certificate,newspaper report, etc.
F. Leave for bereavement or to attend funerals other than those defined as family in
this policy may be granted in accordance with the vacation policy.
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ARTICLE 21
JURY DUTY AND COURT APPEARANCES
Section 21.1
It is the practice of the County to provide paid time off for jury duty and court
appearances to facilitate our employee's availability to meet civic responsibilities.
A. An employee who is called for jury duty on a regularly scheduled workday shall
be granted jury duty pay, upon presentation of a summons or subpoena. Any fees received for
jury duty shall be returned to the County except for meals,travel,and lodging.
B. An employee who is subpoenaed as a witness on a regularly scheduled work day
not involving the employee's personal litigation shall be granted time off with pay, and any
witness fees awarded shall be returned to the County.
C. An employee who appears in Court as a witness, plaintiff, or defendant due to
personal litigation or criminal charges shall be required to use vacation for any such absence
from work. If vacation is not available,the employee may use leave without pay. The employee
would not be eligible for reimbursement of any meals, lodging,or related travel expenses.
D. An employee who is subpoenaed as a witness and/or appears in court as a result of
County business shall be granted time off with pay, and any witness fees awarded, except for
meals,travel,and lodging, shall be returned to the County.
E. Employees required to attend Court on their day off as a result of County business
shall be paid for their time, and any witness fees awarded, except for meals, travel, and lodging,
shall be returned to the County.
F. Employees who attend Court for only a portion of a regularly scheduled work day
are required to report to their supervisor and return to work after being excused or released by the
Court in order to be eligible for jury duty pay.
G. In the event a County holiday occurs during the period of the jury duty, the
employee shall receive pay for the holiday and not jury duty pay.
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ARTICLE 22
NIILITARY LEAVE
Section 22.1
A. Reserve and National Guard Training
A regular full-time employee who is a member of the United States Armed Forces,
Reserves or the National Guard, and who is ordered to engage in annual field training shall, upon
presentation of a copy of official orders, be granted leave with pay to the extent required by state
statute. An employee may not use any accrued vacation or personal leave while receiving paid
military leave. Exceptions to the above may be approved by the Division Administrator.
B. Recall to Active Military Duty
Any regular full-time employee who is a member of an Armed Forces Reserve Unit or the
National Guard, who is ordered to active duty will be granted a military leave of absence with
pay for the first thirty(30) working days. Beyond this thirty(30)day period,the military leave of
absence will continue, with the County providing a supplement to the military pay in an amount
necessary to bring the total salary, inclusive of the base military pay; to the level earned at the
time the employee was called to active duty, for the entire duration of the active duty service, not
to exceed five years total. The County will continue to maintain the employee in full benefits
status for the time frame specified above.
C. . Induction or Enlistment into Military Service
Any regular full-time employee who enlists or is inducted into the armed services for
active duty, shall be granted a military leave of absence without pay for the initial period of
enlistment. All pay due the employee shall be paid at the time of the employee's separation from
the County in accordance with applicable County policies.
•
D. Reinstatement
Upon discharge from active military service, an employee who wishes to return to County
employment shall be reinstated in accordance with federal regulations applicable at the time of
discharge.
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ARTICLE 23
PART-TIME EMPLOYEES
Section 23.1
The County reserves the right to hire and/or utilize part-time and/or temporary employees,
or volunteers to perform bargaining unit work. These individuals will be used primarily to cover
overtime requirements, cover for vacation and sick leave, or to otherwise supplement the regular
employee compliment. A regular full-time position will not be replaced by a part-time employee,
subject to available budgetary funds. The use of volunteers shall be as a complement and not a
substitute to perform full-time bargaining unit work.
Section 23.2
Temporary and part-time employees shall serve at the will of the County. Temporary and
part-time employees shall not be covered by any Article of the contract unless the Article or
Section specifically includes temporary or part-time employees.
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ARTICLE 24
HEALTH BENEFITS
Section 24.1
Employees shall be eligible to participate in the Collier County Group Benefit Plan
subject to the terms and conditions of the Plan as adopted by the Board of Commissioners
effective January 1, 1997 and as may be amended by the Board of Commissioners from time to
time. Employees shall also be subject to the same premium levels and payroll contribution
requirements as may be adopted by the Board of Commissioners for non-union employees.
The County agrees that, if there is any change in any benefits, premium levels, or payroll
contribution requirements, those changes will be applicable to bargaining unit employees to the
extent they are applicable to other non-exempt employees of the County.
•
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ARTICLE 25
LIFE INSURANCE
Section 25.1
The Employer shall provide group term life insurance protection for each Union member
in an amount equal to two (2)times the annual salary of the Union member. The Employer shall
pay 100% of the premium for this coverage. Terms and conditions of such coverage shall be
governed by the insurance company issuing underwriting and coverage. There will be
compliance with Florida Statute relative to death benefits.
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ARTICLE 26
PENSION PLAN
Section 26.1
During the term of this Agreement, eligible employees shall continue to participate in the
Florida Retirement System.
Section 26.2
The County will contribute as required by the provisions of the plan.
Section 26.3
The County agrees to continue to provide employees an option to participate in the
National Association of Counties (NACO) or the International City and County Management
Association (ICMA) Deferred Compensation plans as currently offered. If either of both are
stopped or modified for all other County employees, the same change will affect the bargaining
unit. If an additional plan is offered to all other County employees, it will also be offered to the
bargaining unit.
•
•
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ARTICLE 27
HEALTH AND SAFETY
Section 27.1
The Employer agrees to provide reasonable standards of safety and health in the Fire
Department in order to eliminate as much as possible: accidents, deaths, injuries, and illnesses in
the fire service. Health and safety is a joint responsibility, therefore, employees must follow all
safety standards.
Section 27.2
There shall be a joint safety and health committee composed of an equal number of
Employer and Union representatives. The Union representatives shall be selected by the Union.
The roles and responsibilities of this committee shall be reviewed and approved by the County's
Risk Management Director. The Committee shall not have authority to engage in collective
bargaining.
Section 27.3
The Employer shall furnish and thereafter maintain at no cost to the employee all
respiratory apparatus, gloves, helmets, protective clothing and other protective equipment, such
as personal alarm devices, and personal flotation devices, necessary to preserve and protect the
safety and health of firefighters.
Section 27.4
All protective clothing and equipment shall meet the standard, whether existing or
promulgated during the term of this agreement, that provides minimum standards, if standards
exist, (otherwise the County can provide the equipment of its choice) of worker protection from
among federal, state, provincial or voluntary consensus standards. The Employer shall provide
all employees with training in the safety and health problems of the work environment and the
use and proper maintenance of protective equipment, protective clothing, respiratory apparatus
and all other protective devices. The Employer agrees to provide a continuing program of safety
and health for all employees to develop an ongoing safety awareness aptitude. In the event of the
introduction of new technology or other changes in work processes, the employees affected shall
be fully trained in all the health and safety aspects of the new procedure, work process or
equipment.
Section 27.5
Only personnel who have been trained and certified by the manufacturer or applicable
Federal Agency shall be permitted to perform maintenance and/or repairs on self-contained
breathing apparatus.
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Section 27.6
The Employer will provide an Employee Assistance Program consistent with the program
provided for all other County Emergency Services Personnel.
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ARTICLE 28
SALARIES
Section 28.1
The Salary schedule set out below shall be a part of,and is subject to all the provisions of
this Agreement.
Classification Minimum Marketpoint Maximum Match Point
Firefighter $15.1210 $17.7894 $22.2368 $19.5683
Fire Lieutenant $19.8557 $23.3597 $29.1996 $25.6957
Section 28.2
Performance based merit pay, general wage adjustments and COLA will be offered to
qualifying members of the bargaining unit consistent with any annual increases as may be
established by the County Manager for all County employees. Qualifying members of the
Bargaining Unit will receive a 1% increase to their base pay effective upon approval of this
Agreement by the County.
Section 28.3
Qualifying members of the bargaining unit shall receive pay plan market adjustments
based upon the annual wage and salary market survey conducted by the Human Resources
Director and approved for implementation by the County Manager. Upon the mutual agreement
of the Parties, if the Isle of Capri Fire & Rescue District is to receive a pay adjustment based
upon an annual wage and salary market survey, Article 28 may be reopened for the limited
purpose of addressing this issue.
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ARTICLE 29
SHIFT EXCHANGE
Section 29.1
The trading of time between employees will be permitted in accordance with the
following provisions:
a) Employees with equal qualifications (defined as the same and/or similar
certifications, training, years of experience, etc.) can exchange with each other within their rank
and classification and are limited to five (5) shift exchanges within a thirty-day period with all
exchanges repaid within 180 days. Shift exchanges for education/training may exceed this
limitation if approved in advance by the Fire Chief or designee.
b) All exchanges must be requested in writing on the Department shift exchange
request form and approved or denied at the sole discretion of the-Fire Chief or designee.
c) Employees are prohibited from paying another employee to work any portion of
their shift. Only exchanges of time will be permitted.
d) Shift exchange paybacks must be scheduled at the same time as an initial shift
exchange or otherwise follows the procedures of this Article.
e) No employee may be scheduled to be on duty as a result of a shift exchange for
more than forty-eight(48)consecutive hours when assigned to the 24/48 schedule.
0 Employees will be responsible for all record keeping of proper exchanges as
permitted by the Fair Labor Standards Act.
g) Shift exchanges for employees reporting late for work will not be permitted.
h) An employee that enters into a shift exchange that causes the employee to leave
work early in order to meet the trade or duty obligation at another station shall ensure that the
units are staffed without any overtime pay obligation to the County.
i) Exchange request shall be submitted to the Department five calendar days in
advance of the requested initial exchange.
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Except for the residual exchange provided in Section 30.1 (h), a shift exchange must be
fully approved and signed by all the following in order, and placed on the roster prior to the
substitution taking place. Exchange requests shall be submitted on the Department form 5
calendar days in advance of the requested exchange.
STEPS FOR SIGNATURES AND APPROVAL:
1. The employee wishing the shift exchange.
2. The employee agreeing to the exchange.
3. The shift supervisor (currently the Lieutenant) for employee initiating shift
exchange.
4. The shift supervisor (currently the Lieutenant) for employee agreeing to pay back
shift exchange.
5. Last supervisor places shift exchange on roster.
Section 29.2
An employee scheduled to work a shift exchange is not eligible for any type of paid leave.
Section 29.3
In the event an employee scheduled to work for another does not report, the employee
normally scheduled to work will be charged vacation leave or, if vacation leave is exhausted,will
have his/her sick leave charged.
Section 29.4
The Employer will not be responsible for any monetary loss incurred by any employee
due to the failure of an employee to pay back shift exchange time for any reason. Employees
owed shift exchanges must get exchanges paid back prior to the promotion of either employee
involved in the shift exchange or forfeit the return exchange.
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ARTICLE 30
WORKING OUT OF CLASSIFICATION
Section 30.1
Should an employee be designated for a temporary assignment to perform work in a
higher classification within the bargaining unit, the employee shall receive a separate differential
of$1.51 per hour, not added to base pay, for all hours worked in the higher classification. This
represents ten percent (10%) of a minimum firefighter salary as provided in Article 28. Upon
completion of the temporary assignment, the differential pay will be discontinued.
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ARTICLE 31
UNIFORMS AND EQUIPMENT
Section 31.1
The County will furnish all new full-time and part-time employees in job classifications
Firefighter and Lieutenants with uniforms and equipment in accordance with current policy.
Section 31.2
The employees in the above classifications will be provided replacement of uniforms as
deemed necessary by the Fire Chief:
To receive the uniform replacements,the old uniforms and jump suit must be turned in.
Section 31.3
Equipment damaged due to negligence or loss shall be replaced at the employee's
expense.
Section 31.4
Employees are required to wear these uniforms and report to work in a clean and neat
appearance. The employee will be required to wear a plain white or Department issued gray
crew neck t-shirt, black shoes or boots, and a black belt as a part of the issued uniform outlined
in this Article. In addition, employees wearing low cut shoes will be required to wear solid dark
blue or black socks. Employees must also report to work with a watch that contains a second
counter and pens as required for paperwork. In extremely cold weather employees will be
permitted to supplement their uniforms with long underwear (white or dark blue) and
Department sweat shirt tops worn either under their uniform shirt as needed. The Department
agrees to supply the equipment listed in this Section.
Section 31.5
No jewelry of any type may be worn while on duty except for a wedding ring, wristwatch
and/or medic alert bracelet. No other jewelry will be permitted. Permitted jewelry shall be
appropriate to the tasks, which are normal and customary for the employee's duties. The
Employer shall reimburse the employee for the loss of or damage to such permitted jewelry,
which occurs during the course and scope of employment subject to the reasonable and
customary cost of its replacement or repair. In no case, however, shall the cost to repair or
replace such permitted jewelry exceed $150 for a watch.
Section 31.6
Employees will maintain their hair in a clean and groomed condition. Hair shall be
pulled back so as to prevent it from falling into an employee's face/eyes or touching their collar.
Employees will be clean-shaven on duty. A mustache that does not come between the sealing
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surface of the face piece and the face is permissible.
Section 31.7
When the employment relationship is terminated for whatever reason, the employee will
be responsible for the return of all equipment furnished under this Article to the County. All
equipment must be returned in good condition and all uniforms will be cleaned and pressed prior
to departure.
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ARTICLE 32
EDUCATIONAL DIFFERENTIAL
Section 32.1
The Employer will satisfy the current respective Florida Statute requirements and will
remain consistent with future changes in the Florida Statutes. Tuition reimbursement will be in
accordance with CMA#5344(attached)as provided for all County employees.
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ARTICLE 33
PARKING
Section 33.1
The Employer will continue the current practice of providing parking within defined
parking spaces. No maintenance, washing, or waxing of vehicles shall occur on District property
regardless of whether or not an employee is on or off duty.
•
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ARTICLE-34
VACATION LEAVE
Section 34.1 EIigibility
All regular full-time and regular part-time employees shall be entitled to earn vacation
leave, provided the time has been accrued at the beginning of the pay period for the time taken.
Vacation is accrued from the date of hire and is retroactive to the hire date upon successful
completion of the probationary period. Under no circumstances shall temporary, contractual,
emergency,or similar employees be entitled to vacation benefits. (See also CMA#5360)
Section 34.2 Accrual of Vacation Leave
1. Vacation leave for regular full-time and regular part-time shall be accrued from
the date of hire for each normally scheduled hour of work, based upon the following hourly rates:
Length of Yearly Vacation Hours Accrual Per Biweekly Work Period
Service
1 —2 Years 120 4.615
3—6 Years 168.02 6.464
7—20 Years 240 9.23
21 +Years 288 11.08
2. Vacation shall be accrued on regular hours worked, earned vacation taken, earned
sick hours taken,jury duty and military leave. Any leave without pay and the hours worked in
excess of the normal work period, whether paid at straight time or overtime, are excluded from
hours worked when determining vacation accrual.
3. Employees hired from Constitutional Officer agencies without a break in
continuous service, or a break in service of less than 30 days, may not transfer their accumulated
vacation time. However, continuous service with these agencies shall count for vacation accrual
rate and Length of Service Award. This provision shall apply only to employees hired after
September 30, 1992 by the County Manager's Agency.
4. Temporary or seasonal employees do not receive vacation accrual nor does their
temporary employment count towards years of service.
Section 34.3 Maximum Vacation Accrual Hours
Vacation may be accrued to a maximum of 448 hours. Leave in excess of 448 hours will
be automatically converted to sick leave. Vacation may be extended beyond 448 hours to 616
hours when determined to be in the best interest of the County and with the prior written
approval of the County Manager. Approval to extend beyond the 448-hour cap will be granted
when:
a) The County must have the service of that employee for a period of time that
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would preclude the use of vacation and cause the employee's accrued leave to exceed 448 hours.
b) The employee is in "good standing" and was rated "meets standards" or better on
their most recent performance appraisal.
c) The employee agrees in writing to take annually at least 112 hours of vacation
during any year in which the employee's vacation exceeds 448 hours. Failure to do so will cause
automatic conversion to sick leave.
Section 34.4 Use of Vacation
Vacation may be used for personal reasons not otherwise prohibited by the County.
With the supervisor's approval, accrued vacation leave, will, if available, be used for
uncovered portions of sick leave if all sick leave has been exhausted.
Section 34.5 Illness During Vacation
An employee who becomes sick while on an approved vacation may be allowed to use
accrued sick leave credits to cover the period of illness. Upon the employee's return to work, the
supervisor may require a medical certificate documenting the illness.
Section 34.6 Scheduling Use of Vacation
Employees shall select vacation dates for leave not later than six (6)days prior to the date
the leave is to be taken. Although the Chief shall have the discretion to grant leave that is not
received prior to the six day requirement. Vacation leave shall be awarded on a seniority basis.
The County reserves the right to refuse the requested dates and to assign vacations based on
staffing requirements, anticipated workload, and current status of operations and vacation
opportunities for all bargaining unit employees.
Section 34.7. Use of Vacation Time
Vacation leave must be taken in minimums of one half hour increments for twenty-four
hour shift employees.
Section 34.8 Vacation Pay Upon Termination
Employees who resign, are laid off, or are otherwise separated or discharged from the
County Service shall be entitled to be paid for any unused vacation balance earned.
Section 34.9 Personal Leave
Employees will be eligible for up to 16 personal leave hours with pay per calendar year as
set forth in CMA#5360.
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ARTICLE 35
SAVINGS CLAUSE
Section 35.1
If any provision of this Agreement, or the application of such provision, should be
rendered or declared invalid by any court action or by reason of any existing or subsequently
enacted legislation, the remaining parts or portions of this Agreement shall remain in full force
and effect. The parties will meet as soon as possible to negotiate a mutually agreeable
replacement provision.
Section 35.2
Unless directly in conflict with a Section of this Agreement, the County's Human
Resources Policies and Procedures, as amended from time to time, shall apply to employees
covered by this Agreement. In the event of a direct conflict,this Agreement shall govern.
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ARTICLE 36
ALCOHOL AND DRUG TESTING
Section 36.1
Both the County and the Union recognize that drug and alcohol abuse is a growing
problem among our nation's work force. The County and the Union also recognize the
tremendous cost, both in terms of efficiency and in human suffering caused by needless work
place accidents. Acknowledging the necessity for action, the following Alcohol and Drug
Testing program is hereby initiated.
Section 36.2
In the event a member of management has a reasonable suspicion to believe that an
employee is under the influence of drugs or alcohol on duty, he/she may require that the
employee submit to an industry accepted breathalyzer test, blood test, urinalysis and/or other
appropriate testing. Reasonable suspicion may be based upon a variety of factors, including but
not limited to accident, absenteeism, injury, conduct, performance, physical signs such as
impaired reactions or judgment, slurred or exaggerated speech or lack of balance, as well as the
smell or presence of alcohol or a controlled substance, or reports by other employees. Should the
employee test positive to alcohol or drugs, the County will utilize a confirmatory process before
taking further action. Such confirmatory process will utilize industry accepted testing
procedures.
Section 36.3
In the event an appropriate management official as defined in Section 38.2 above requests
that an employee submit to a breath, blood, urine and/or other tests, and the employee refuses to
submit to such test or tests, such refusal may result in disciplinary action, up to and including
discharge.
Section 36.4
In order to promote safety, health and security concerns, the Fire Chief and/or designee
may search lockers,vehicles and other County-owned or supplied area. The Fire Chief and/or his
designee reserves the right, based on reasonable suspicion, to search employee owned vehicles,
handbags, lunch boxes, and other containers or personal effects including outer clothing. At no
time will any employee's clothing be searched by or in the presence of a member of the opposite
sex. An employee's refusal to cooperate with or submit to a search may result in disciplinary
action up to and including discharge.
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Section 36.5
^ All employees who must use a prescription drug that causes adverse side effects
(drowsiness or impaired reflexes or reaction time) shall inform their supervisor in writing that
they are taking such medication on the advice of a physician. It is the employee's responsibility
to also inform their supervisor of the possible side effects of the drug on performance and
expected duration of use. The prescribing physician must provide a statement that the employee
can perform all of the employee's normal job functions, which will be provided to the
employee's supervisor prior to starting work.
Section 36.6
The cost of drug and alcohol screening tests required by the County will be paid for by
the County.
Section 36.7
The County retains the right to discipline up to and including discharge any employee
who uses,possesses, dispenses, sells or buys illegal drugs or narcotics, whether on or off duty, or
who uses or possesses alcohol while on duty, or who reports to work under the influence of
illegal drugs or alcohol. The existence of an Employee Assistance Program does not affect the
right of the County to impose discipline, up to and including termination, for violating this
Article.
Section 36.8
Any employee who is convicted, pleads guilty or no lo contendre (no contest) to any
criminal drug statute violation, whether on or off duty, must notify the Director of Human
Resources no later than five (5) days after such conviction. Failure to do so will be cause for
appropriate disciplinary action, up to and including termination. Once the County receives such
information, the County will make the appropriate determination as to what disciplinary action, if
any, is to be taken.
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ARTICLE 37
DURATION
Section 37.1
This Agreement will be in full force and effect as of the date of approval by the Board of
County Commissioners on June 10, 2014, with implementation of the work period and wage
provisions on the Bargaining Unit members on June 14, 2014. This Agreement shall remain in
full force and effect until midnight the 30th day of September, 2017. The Collective Bargaining
Agreement entered into between the parties on October 8, 2011, shall be terminated effective
with the approval of this Agreement.
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ARTICLE 38
HOLIDAYS
Section 38.1 —Holiday Pay
Regular full-time employees assigned to a 12-hour or 24-hour schedule will receive the
equivalent of 12 hours of straight time pay for each of the following holidays:
• New Years Day
• Dr. Martin Luther King's Birthday
• President's Day
• Memorial Day
• Independence Day
• Labor Day
• Veteran's Day
• Thanksgiving Day
• Day after Thanksgiving
• Christmas Eve
• Christmas Day
In addition to the days listed above, bargaining unit employees shall also be granted
appropriate pay for any other day declared a holiday by the County Commission. If less than a
full day is granted as a holiday, the bargaining unit shall receive a pro-rata amount as holiday
pay.
Section 38.2—Receipt of Pay
The holiday pay will be included with the normal paycheck for the period which included
the holiday.
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ARTICLE 39
MEDIC RESCUE
Section 39.1 —Ochopee Firefighter Functions for Medic Rescue
Firefighter EMTs' main responsibility is driving the medic rescue unit. The Firefighter
EMT will also assist Paramedics on emergency medical calls, filling out paperwork and
recording information, and in cleaning the unit after a call. The Firefighter EMT may ride in the
back if he/she chooses on Non ALS-emergency transports at the discretion of the
Firefighter/Medic.
Section 39.2—Ochopee Firefighter Functions for ALS Engine
The Firefighter EMT is responsible for the ALS Engine unit. The Firefighter EMT will
also assist the paramedic on emergency medical calls, filling out paperwork and recording
information, and in cleaning the unit after a call. The Firefighter EMT will be in charge of non-
medical aspects of engine work.
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FOR COLLIER COUNTY:
LEO E. OCHS,JR.,
COLLIER COUNTY MANAGER
FOR THE UNION:
WI SS
acci49 SA5
JEREMY JOHN MORGAN,PRESIDENT Type Pr t Name:
PROFESSIONAL FIREFIGHTERS OF THE
EVERGLADES INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, WITNESS:
LOCAL 3670 , t00-.L
Type or t Name:
DATE: 5 /0 /T
THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE BARGAINING UNIT
AND THE COLLIER COUNTY BOARD OF COMMISSIONERS.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK OF COLLIER COUNTY,FLORIDA
BY:
Deputy Clerk TOM HENNING,Chairman
Approved as to form
and legality:
Scott R. Teach,
Deputy County Attorney
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CMA 5351
DISCIPLINE
[Effective Date: April 9, 1999(Revised:March 13,2000; Revised: October 1,2001; Revised: October 1,
2003; Revised:January 1,2005; Revised: April 1,2006; Revised: May 1,2009; Revised: May 25,2010;
Revised: February 29,2012)]
§ 5351-1.Purpose.
The purpose of this Instruction is to provide for the implementation of a disciplinary procedure
authorized by the County Manager.
§ 5351-2.Concept.
It is the practice of the County to implement a program of positive discipline. The County believes
employees are the most vital resource of County government. Therefore, when employee behavior
warrants it, supervisors must take positive corrective action whenever practical. These disciplinary
procedures apply to regular full-time and part-time employees below the level of Department
Director. Department Directors, as well as Fire Chiefs; Chief— EMS; Division Administrators;
County Attorney; Deputy County Attorney; Deputy County Manager;Executive Aides to the Board
of County Commissioners, who are confidential employees working directly for the
Commissioners; the County Manager, and all other contract employees reporting to the Board of
County Commissioners are exempt from this disciplinary procedure,serve at the will of the County
and may be suspended, discharged or demoted for any reason. All temporary and seasonal
employees of the County are also exempt from this disciplinary procedure and may be separated at
any time for any reason. Employees in their initial probationary period (including any extension of
their initial probationary period) do not have appeal rights under this procedure. See CMA § 5321,
Probationary Period, for further definition of the probationary period.
A. Philosophy.
Supervisors should work with employees to improve performance or behavior and may refer
employees to the Employee Assistance Program when appropriate. While the goal of
discipline is to be corrective through a series of progressive steps or actions that encourage
employees to improve their behavior, in certain circumstances, progressive discipline may not
be applicable.
Some breaches of conduct are so severe that they warrant an immediate discharge or other
disciplinary action. Examples of such behaviors include, but are not limited to, workplace
violence, violations of the Code of Ethics/Standards of Conduct, or any applicable ethics laws
or ordinances, insubordination, theft, sexual harassment, or other severe misconduct or
unsatisfactory performance or behavior.
Under extreme or exigent circumstances, the immediate supervisor may place an employee on
administrative leave with or without pay without prior approval and consultation of the
Department Director or Human Resources (weekends, night shift, perceived danger to fellow
employees, the public or to County property, safety concerns, etc.). Administrative Leave is
outlined further in CMA 5360, Leaves of Absence. In these cases, the Supervisor should
contact the Department Director, the assigned Human Resources (HR) Generalist and the
Human Resources Director as soon as possible.
Decisions regarding disciplinary actions are the responsibility of the Department Director,
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CMA 5351
who may be assisted by managers or supervisors to formulate recommendations; however,
disciplinary actions for violations of policies, practices or procedures that fall under the
purview of a department other than Human Resources should be made in consultation with the
Department Director having authority over that policy, practice or procedure (i.e., Purchasing,
Risk Management, Safety, Information Technology, Fleet,etc.)
B. Factors In Discipline.
Although internal consistency in administering discipline is desirable, numerous factors
should be considered in determining the appropriate level of discipline to be administered.
These factors include,but are not limited to:
(1) Length of service.
(2) Intervals between performance or behavior problems.
(3) Progress toward improving overall work performance or behavior.
(4) Disciplinary history.
(5) Effectiveness of prior disciplinary actions.
(6) Severity of disciplined behavior.
(7) Repetition of disciplined behavior.
C. Behavior Action Plan.
Each disciplinary action, other than verbal counseling, must be fully documented on a
Behavior Action Plan and submitted to the Human Resources Department prior to
implementation. The Behavior Action Plan (BAP) is a document used by a Supervisor,
Manager, or Director to document continued violations of County standards when verbal
counseling does not result in improved employee behavior, to administer progressive
discipline actions, or in cases that warrant immediate action.
The BAP will include a description of the incident or violation, including the specific
section(s) of the CMA(s), County standards or Florida law violated; a summary of the
employee's past disciplinary actions, if applicable; the expectations for the employee to
improve his/her behavior through measurable improvements or goals; and the consequences of
not meeting the improvements or goals specified.
The BAP will be prepared by the employee's Supervisor,Manager, or Director in consultation
with the HR Generalist assigned to the department. The final recommendation for disciplinary
action must be approved by the Department Director. Once the recommendation has been
made, the Human Resources Director or his/her designee must approve the BAP before it is
issued to the employee. The BAP, along with any supporting documentation, is delivered to
the employee by his/her immediate Supervisor, Manager and/or Director and the assigned HR
Generalist or designated representative. The employee's signature is requested on the BAP to
acknowledge receipt; however, the signature may or may not indicate an employee's
agreement with the disciplinary action. If the employee refuses to sign, it should be so
indicated in the area reserved for the employee's signature.
When disciplinary action is taken and a Behavior Action Plan is presented, an employee may
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CMA 5351
be suspended,placed on probation, issued goals or objectives to be met in compliance with a
30, 60, or 90 day Performance Improvement Plan, or given other disciplinary action as
warranted. When the employee meets the established goal(s), the probationary period or other
disciplinary action may be lifted. If the employee does not meet the established goal(s), further
disciplinary action may be taken,up to and including discharge.
The BAP will become part of the documentation contained in the Human Resources Personnel
File.
D. Disciplinary Actions:
(1) Verbal counseling session: A verbal counseling session takes place between an
employee and his/her supervisor when attitude, work performance, or conduct does not
fall within established guidelines or CMAs. The purpose of a verbal counseling session
is to encourage an employee to improve his/her attitude, work performance, attendance,
or behavior. Discussions of this nature are commonly used when an employee
disregards work rules of a relatively minor nature. The supervisor will identify and
define the area in need of improvement and ask the employee what steps he/she will take
to make improvements in his/her behavior/performance.
(a) Supervisors should advise employees immediately whenever their attitude, work
performance, or personal conduct falls below an acceptable level.
(b) It is the responsibility of the employee's immediate supervisor to gather all the
information, weigh the facts and discuss any disciplinary or other problems with
the employee involved. Supervisors may consult with an HR Generalist, if
applicable.
(c) A verbal counseling session serves notice that if improvement is not forthcoming,
or the misconduct reoccurs,more formal disciplinary action may be taken.
(d) A Supervisory Log/Record of Conversation (ROC) is a log that documents a
conversation between a supervisor and employee. This document should include
the date of the occurrence, the action or behavior observed, the specific section of
County CMA(s) violated, and the date the supervisor reviewed his/her concerns
with the employee. Verbal counseling sessions are recorded on the County's
Supervisory Log Form/Record of Conversation (ROC) Form and maintained in
department records.
(e) The supervisor and the employee will initial the Supervisory Log/ROC entry. If the
employee refuses to initial the log, it should be so indicated in the area reserved for
the employee's initials.
(f) This form should be retained by the Supervisor and may not be placed in the
employee's personnel file in the Human Resources Department. The Supervisory
Log Form/Record of Conversation (ROC) Form is a public record and may not be
destroyed or disposed of even if no further infractions occur. It may become part
of a personnel file in the event that further disciplinary action is warranted.
(2) Written Counseling Session: In situations where verbal counseling has not resulted in
the expected improvement, when an employee exhibits further disciplinary problems, or
when the employee's conduct warrants, a Behavior Action Plan(BAP)shall be issued. If
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misconduct is involved, the BAP should include a description of the incident of
misconduct and refer to times, dates, locations, and the Code of Ethics/Standards of
Conduct or other CMAs violated.
(a) The employee's immediate Supervisor may initiate the BAP in coordination with
the Department Director and the assigned HR Generalist. Final decisions
regarding discipline are the responsibility of the Department Director. The
signatures of the Supervisor, Department Director, and Human Resources Director
must be included on the Behavior Action Plan. The BAP may be issued to the
employee after approvals listed above are obtained.
(b) The Supervisor or Department Director and the assigned HR Generalist or
designated representative will meet with the employee to review the information
on the Behavior Action Plan and issue the written discipline.
(c) The Behavior Action Plan and any supporting documentation of disciplinary action
are public records and shall be retained in the employee's personnel file in the
Human Resources Department.
(3) Suspension: An employee may be suspended without pay by his/her immediate
supervisor with the prior approval of the Department Director and upon consultation
with the assigned HR Generalist. Suspensions may be recommended for reasons
provided in the Code of Ethics/Standards of Conduct' or for other unacceptable conduct
including alleged violations of Florida Law.
(a) If immediate action is required (cases where workplace health, safety and/or
welfare is jeopardized), the employee shall be placed on leave with pay pending
approval for leave without pay from Human Resources. In the case where such an
action is required, the immediate supervisor should consult with his/her
Department Director and an HR representative prior to the action, or as soon as
possible if they are unavailable at the time the action is required.
(b) Suspensions shall be documented on a Behavior Action Plan. The BAP must be
approved by the Supervisor,Manager,Department Director,and Human Resources
Director or his/her designee before it is issued to the employee. The supervisor
and/or the Department Director and the assigned HR Generalist will meet with the
employee to review the information on the BAP and issue the suspension.
(c) Any employee recommended for suspension shall be given notice of his/her appeal
rights, if any, by separate letter/memorandum from his/her Department Director or
the Human Resources Department. A copy of the appeal procedure shall be
provided with this letter/memorandum.
(d) The suspension action becomes final if the employee does not file a request to
appeal the suspension during the required time period.
(4) Termination of Employment(Discharge) and Disciplinary Demotion: Employees may be
recommended for termination of employment or demotion for misconduct, unacceptable
job performance,job abandonment and/or violations of the Code of Ethics/Standards of
1. Editor's Note:See CMA 5311,Code of Ethics,and CMA 5311.1,Standards of Conduct. .0""\
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CMA 5351
Conduct. As noted in the Code of Ethics/Standards of Conduct,2 the reasons for
discipline, including termination of employment or demotion, outlined therein are
examples and are not considered all inclusive.
(a) Recommendations to terminate employment or demote regular full-time and
regular part-time employees who have completed their initial probationary period
may be made by the employee's Department Director in coordination with the
assigned HR Generalist, after consultation with the Human Resources Director or
his/her designee. Following this consultation, the recommendation shall be
formalized by completion of a Behavior Action Plan.
(b) The Supervisor, Manager and/or Department Director and the assigned HR
Generalist or designated representative will meet with the employee to review the
information on the Behavior Action Plan and issue the termination or demotion.
(c) Any employee recommended for discharge or demotion shall be given notice of
his/her appeal rights, if any, by a letter/memorandum from the Department
Director or the Human Resources Department separate and apart from the BAP. A
copy of the appeal procedure shall be provided to the employee with the
letter/memorandum.
(d) An employee recommended for disciplinary demotion will begin serving in the
new capacity effective as of the date the BAP is presented. Employees
recommended for termination of employment will be placed on Administrative
Leave without Pay until the action becomes final. The termination or demotion
becomes final if the employee does not file a request to appeal the action during
the required time period or following resolution of an authorized appeal process.
E. Appeal Process
An employee may request a hearing to appeal a suspension, disciplinary demotion or
recommendation for termination within five business days following the date the disciplinary
action is issued. Appeals are allowed only for suspensions, terminations and disciplinary
demotions. Employees will, however, be permitted to submit statements outlining the
reason(s), if any, for their disagreement with any disciplinary action taken, which will be
placed in the personnel file. The request for appeal must be submitted in writing to the Human
Resources Department. In the case of suspensions, an employee has one level of appeal
before a designated Hearing Officer; in the case of disciplinary demotions or
recommendations for termination,an employee has two levels of appeal.
(1) First Level Appeal of Recommendation for Suspension, Termination or Disciplinary
Demotion:
(a) The Hearing Officer for a First Level Appeal will be assigned by the Human
Resources Director or his/her designee and will usually be a Division
Administrator, Department Director or Chief. If appropriate, the County may
select a Hearing Officer from outside of the County in which case the Hearing
Officer shall be a Labor/Employment Attorney or arbitrator listed with either the
American Arbitration Association or the Federal Mediation and Conciliation
2. Editor's Note:See CMA 5311,Code of Ethics,and CMA 5311.1,Standards of Conduct.
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Service. The hearing will be scheduled and conducted within 14 calendar days of
receiving the request for the hearing. The hearing may be rescheduled upon
written request of either party for legitimate reasons and must be reset within a
reasonable time.
(b) During a first-level appeal hearing, the employee may not be represented by an
attorney, but may present County employee witnesses and may cross-examine
witnesses presented by the County.
(c) The Hearing Officer will render a decision in writing to the Human Resources
Director. The decision must be issued within five (5)working days following the
hearing. The Human Resources Director or his/her designee will ensure the
decision is forwarded to all affected parties.
(d) In the case of a suspension, the decision of the Hearing Officer is final. For a
recommendation of termination or disciplinary demotion, the employee may
request a Second Level Appeal.
(2) Second Level Appeal of Recommendation for Termination or Disciplinary Demotion:
(a) The second level hearing will be held before the County Manager or his/her
designee and will be coordinated by the Human Resources Director or his/her
designee,with assistance as needed from other HR staff members. The hearing will
be scheduled and conducted within 30 calendar days of receiving the request for
the hearing. The hearing may be rescheduled upon written request of either party
for legitimate reasons and must be reset within a reasonable time.
(b) The employee is allowed representation by an attorney, may present County
employee witnesses, and may cross-examine witnesses presented by the County.
The employee will have the right to examine the evidence that forms the basis for
the termination recommendation or disciplinary demotion.
(c) Judicial rules of procedure and evidence will not be applicable. A court reporter
shall document the process, and all witnesses providing testimony will be placed
under oath.
(d) The County Manager or his/her designee shall render his/her decision within ten
(10) working days following the date of the hearing. The County Manager or
his/her designee shall communicate the decision in writing to the Human
Resources Director,who will notify all affected parties and/or representatives.
(e) At the option of the County Manager or his/her designee, an external Hearing
Officer may be selected to make findings of fact. The person selected will either be
the County Manager's designee, an attorney who is a member of the Florida Bar
Association, or an arbitrator listed with either the American Arbitration
Association or the Federal Mediation and Conciliation Service. All expenses for
the Hearing Officer and Court Reporter will be the responsibility of the employee's
department. The Hearing Officer will prepare a written finding of facts and, if
appropriate, conclusions of law and submit them to the County Manager within ten
(10)working days following the close of the hearing. The Hearing Officer will not
make any recommendation as to the actual resolution of the discharge/disciplinary
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demotion. The County Manager or his/her designee will issue a final decision in
writing to the Human Resources Director within ten (10) working days following
receipt of the report from the Hearing Officer. The Human Resources Director will
notify all affected parties and/or representatives.
(f) The County Manager may issue alternative or reduced disciplinary actions in lieu
of upholding the discharge or disciplinary demotion. In such circumstances, the
County Manager will determine the terms of the reduced measures, including
eligibility for return of pay and benefits. While reasonable attempts will be made
to maintain a discharged or demoted employee in his/her previous pay grade and
classification, employees who accept the conditions of alternate disciplinary
measures may be transferred to another position in the organization.
(3) Appeal Hearings:
(a) The Human Resources Director or his/her designee will coordinate the hearing
process with assistance from other FIR staff members, and will appoint a Hearing
Officer. The purpose for the hearing is to review the facts relating to the matter to
determine whether the recommended action is supported and if it falls within the
guidelines of existing CMAs.
(b) The employee will receive notification of the hearing in writing from the Human
Resources Director or his/her designee a minimum of three (3) working days prior
to the date of the hearing. The notice will contain the date, time and place of the
hearing, the name of the Hearing Officer, the reason(s) for the disciplinary action,
and the name(s) of the individuals other than the employee who will be present at
the hearing. A copy of the Behavior Action Plan (BAP)will also be included.
(c) Failure of the employee to attend a scheduled hearing will be considered a waiver
of appeal and the disciplinary action will stand.
(d) The Department Director, employee's immediate supervisor or manager, and the
Human Resources Director, or their respective designees, shall be in attendance.
The employee will be provided an opportunity to present evidence, including
County employee witnesses, to support his/her assertion that the action is
inappropriate or unwarranted. The employee's supervisor or manager and
Department Director shall present the factual reasons and/or documents that
support the recommended action.
(e) If an employee wishes to have witnesses speak on his/her behalf, the employee
must submit a request in writing to the Human Resources Department at least three
(3) working days prior to the hearing. The County will allow the attendance of a
reasonable number of County employees who have direct knowledge of the
incident under review to appear at the hearing at the request of the employee. The
County will be responsible for the wages or salary of County employee witnesses
who appear at the hearing at the request of the employee. The employee is
responsible for notifying his/her witnesses of the date and time they need to appear.
(f) A list of witnesses, a summary of the facts to be presented by each witness, and
other evidence shall be provided by both parties to the Human Resources
Department at least three working days prior to the hearing.
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(g) The designated Hearing Officer shall hear the facts of the matter during the
scheduled hearing and will take additional action, if necessary, to ensure all the
facts of the matter are determined. The Hearing Officer shall consider the
documentation, statements provided during the hearing and all facts in the case in
making a final determination. In a First Level Appeal,an internal Hearing Officer
has the option of upholding, overturning or issuing reduced disciplinary measures.
An external Hearing Officer shall provide findings of fact to the County Manager,
including disciplinary recommendations, if appropriate, for a final decision. In a
Second Level Appeal, Hearing Officers will provide only findings of fact and the
County Manager shall render a final decision.
(h) In the case of a suspension action, the decision of the First Level Hearing Officer is
final. In the case of a disciplinary demotion or recommendation for termination,
the employee may request a second level appeal hearing if the recommendation is
upheld in the first level hearing. This must be requested in writing to the Human
Resources Director within the five day period following receipt of the first level
Hearing Officer's decision.
(i) When an employee exhausts the appeals process, if the disciplinary action is
upheld by the Hearing Officer, the Behavior Action Plan documenting the action
shall be placed in the employee's personnel file in the Human Resources
Department. If the action is overturned or reduced disciplinary measures are
issued, any pay and benefits, position status, or if applicable, date of hire shall be
restored to the employee. Documentation regarding the disciplinary action and
outcome of the appeal process shall be placed in the employee's personnel file.
(4) Timeliness:
(a) An appeal or request for a hearing that is not submitted within the time limits as
prescribed for each step, where no written extension has been granted by the due
date, shall be considered untimely; and, unless the lack of timeliness results from
circumstances over which the employee has no control as determined by the
Human Resources Director, untimely requests will not be considered.
(b) The time limits prescribed herein may be extended for good and sufficient reasons
by management due to short term illness, vacations, business trips,
scheduling/workload conflicts, or emergencies, when deemed in the best interest of
assessing all available information to arrive at an equitable solution. If the time
limits are extended,the employee will be so advised in writing.
(c) The time limits as set forth in this procedure for the processing of responses by
management shall remain the same for employees regardless of work schedules.
For the purpose of this discipline procedure, the working day shall be defined as
regular business hours Monday through Friday. An employee who seeks an
extension of the time limits set forth herein must make the request to the Human
Resources Director in writing prior to the expiration of the time period to be
extended.
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§5351-3.Currency.
The Human Resources Department is responsible for maintaining the currency of this Instruction.
§5351-4. Reference.
Collier County Personnel Ordinance, Ordinance No. 2001-50: Discipline: It is the policy of the
County to implement a policy of positive progressive discipline. The County believes employees
are the most vital resource of County government. Therefore, Supervisors must take positive
corrective action whenever practical. The disciplinary procedures apply only to all regular full-time
and part-time employees below the level of Section Heads, Department Directors, Division
Administrators, and all supervisory employees directly reporting to the Board of County
Commissioners, County Attorney, and County Manager are exempt from the disciplinary policy,
serve at the will of the County, and may be discharged for any reason. All contractual employees of
the County are exempt from the disciplinary policy.
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