HomeMy WebLinkAboutR-2025-083 AFSCME Collective Bargaining AgreementRESOLUTION NO. 2025-083
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RATIFYING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND AFSCME FLORIDA COUNCIL 79, AFL-CIO LOCAL 3535 FOR A THREE YEAR PERIOD OF OCTOBER 1, 2025, THROUGH SEPTEMBER 30, 2028,
AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE
AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach and AFSCME Florida Council 79, AFL-CIO Local
3535 have concluded bargaining negotiations as set forth in the attached Collective Bargaining
Agreement, which is attached hereto as Exhibit “A”; and
WHEREAS, the Agreement was ratified by the Florida Council 79, AFL-CIO Local 3535
on May 28, 2025; and
WHEREAS, the City Commission of the City of Dania Beach deems it to be in the best
interest of the bargaining unit employees, the residents and citizens of the City to ratify the
Agreement and to authorize the proper City officials to execute it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission of the City of Dania Beach, Florida ratifies the
Agreement between the City of Dania Beach and AFSCME Florida Council 79, AFL-CIO Local
3535 for a three (3) year period of October 1, 2025 through September 30, 2028, and authorizes
and directs the proper City officials to execute the Agreement, a copy of which Agreement is
attached as Exhibit “A”.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
2 RESOLUTION #2025-083
PASSED AND ADOPTED on June 10, 2025.
Motion by Vice Mayor Salvino, second by Commissioner Rimoli.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DANIA BEACH
AND
AFSCME FLORIDA COUNCIL 79, AFL-CIO
LOCAL 3535
Effective from October 1, 2025
Through
September 30, 2028
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Contents
PREAMBLE .......................................................................................................................................... 4
ARTICLE 1 DEFINITIONS ............................................................................................................... 5
ARTICLE 2 RECOGNITION ............................................................................................................ 6
ARTICLE 3 MANAGEMENT RIGHTS ........................................................................................... 7
ARTICLE 4 UNION AND STEWARDS RIGHTS AND TIME POOL ...................................... 8
ARTICLE 5 BARGAINING UNIT ROSTER .................................................................................11
ARTICLE 6 UNION BULLETIN BOARD .....................................................................................12
ARTICLE 7 ON-BOARDING PROGRAM ..................................................................................13
ARTICLE 8 MEDICAL EXAMINATIONS....................................................................................14
ARTICLE 9 WORKWEEK, BREAKS AND OVERTIME ............................................................15
ARTICLE 10 WORK RULES .............................................................................................................20
ARTICLE 11 DISCIPLINE AND DISCHARGE .............................................................................21
ARTICLE 12 GRIEVANCE PROCEDURES ...................................................................................23
ARTICLE 13 NOTIFICATION OF CORRECTIVE ACTIONS AND APPEALS ......................27
ARTICLE 14 PAY RANGES ..............................................................................................................29
ARTICLE 15 VACANCIES, TRANSFERS, RECLASSIFICATIONS ...........................................30
ARTICLE 16 WORKING OUT OF CLASSIFICATION ...............................................................31
ARTICLE 17 UNIFORMS .................................................................................................................32
ARTICLE 18 SAFETY- SEE PPM.........................................................................................................
ARTICLE 19 WORKERS COMPENSATION-SEE PPM ................................................................
ARTICLE 20 GROUP INSURANCE ...............................................................................................33
ARTICLE 21 SICK LEAVE-SEE PPM ..................................................................................................
ARTICLE 22 LEAVES OF ABSENCE SEE PPM ...............................................................................
ARTICLE 23 BEREAVEMENT LEAVE-SEE PPM .............................................................................
ARTICLE 24 PERSONAL DAY- SEE PPM........................................................................................
ARTICLE 25 HOLIDAYS-SEE PPM ...................................................................................................
ARTICLE 26 VACATIONS SEE PPM .................................................................................................
ARTICLE 27 COMPENSATION FOR USE OF PERSONAL VEHICLE ...................................34
ARTICLE 28 EDUCATIONAL INCENTIVE SEE PPM ....................................................................
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ARTICLE 29 FLOATING HOLIDAY ...............................................................................................35
ARTICLE 30 PENSION-RETIREE BENEFITS ...............................................................................36
ARTICLE 31 SENIORITY ..................................................................................................................37
ARTICLE 32 SAVINGS CLAUSE.....................................................................................................39
ARTICLE 33 WAGES .........................................................................................................................40
ARTICLE 34 CROSS TRAINING ....................................................................................................41
ARTICLE 35 LAY-OFF AND BUMPING ......................................................................................42
ARTICLE 36 PART-TIME EMPLOYEES ........................................................................................44
ARTICLE 37 DRUG FREE AND ALCOHOL-FREE WORKPLACE POLICY-SEE PPM ...........
ARTICLE 38 PERSONNEL POLICY MANUAL ...........................................................................45
ARTICLE 39 LABOR MANAGEMENT COMMITTEE ................................................................46
ARTICLE 40 TERM OF AGREEMENT ...........................................................................................47
SIGNATURE PAGE ...............................................................................................................................49
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PREAMBLE
WHEREAS, the parties hereto have established a basic understanding relative to the terms and
conditions of employment of the employees of the City; and
WHEREAS, it is the intent and desire of the parties to this Agreement to work harmoniously and
to promote and maintain efficient and cordial relations between the City of Dania Beach,
hereafter known as the “Employer” or “City” and AFSCME Florida Council 79, AFL-CIO, Local
3535 hereafter known as the “Union”; and
WHEREAS, the City is engaged in furnishing essential public services vital to the health, safety,
protection, and comfort of the citizens of Dania Beach, Florida; and
WHEREAS, both the City and its employees have a high degree of responsibility to the public
in so serving the public without interruption of these services; and
WHEREAS, both parties recognize this mutual responsibility, they have entered into this
Agreement as an instrument and means to permit them to fulfill said responsibility and
NOW THEREFORE, in consideration of the premises and promises set forth herein and the
benefits and advantages accruing or expected to accrue to the parties hereto and those covered
by this Agreement by reason hereof, the said parties hereby agree as follows.
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ARTICLE 1 DEFINITIONS
1.1 UNION shall hereinafter mean (American Federation of State, County, and Municipal
employees) AFSCME Florida Council 79, AFL-CIO, Local 3535; PERC Certificate 590.
1.2 CITY/EMPLOYER shall hereinafter mean the City of Dania Beach.
1.3 TERM OF AGREEMENT shall mean the duration of the contract as defined by beginning
and ending dates.
1.4 PERSONNEL POLICY MANUAL or PPM refers to consolidated employment policies and
procedures which are issued and administered under the City Manager’s Charter
authority. See Article 41.
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ARTICLE 2 RECOGNITION
2.1 The City of Dania Beach hereby recognizes AFSCME Florida Council 79, AFL-CIO, Local
3535 as the exclusive Bargaining Agent for the employees employed in the job
classifications set forth in Certification Number 590 as re-titled and as may be amended
by PERC from time to time.
2.2 The City may temporarily assign tasks to a bargaining unit employee not specifically
listed in an employee’s job description provided employee safety is not compromised
and the tasks do not require specialized training or certification.
2.3 A non-bargaining unit City employee may temporarily perform tasks normally assigned
to a bargaining unit employee when, by way of example and not limitation:
a) there is a work backload or delay;
b) to reduce or avoid overtime;
c) there is a temporary reduction of the workforce;
d) there is an emergency situation;
e) for the purpose of instruction and/or training;
f) when the City EOC is activated.
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ARTICLE 3 MANAGEMENT RIGHTS
3.1 It is the right of City to determine unilaterally the purpose of each of its constituent
agencies, set standards of services to be offered to the public, evaluate employee
performance, and exercise control and discretion over its organization and operations.
It is also the right of the City to direct its employees, take disciplinary action for proper
cause, and relieve its employees from duty because of lack of work or for other legitimate
reasons. However, the exercise of such rights shall not preclude employees or their
representatives from raising grievances, should decisions on the above matters have the
practical consequence of violating the terms and conditions of any collective bargaining
agreement in force.
Nothing in this Agreement is intended to limit the City’s right to sub-contract bargaining
unit work.
3.2 The City shall determine the number of work hours, shifts, pay rate and job assignments,
locations of assignments, including the requirement to (and conditions of) telework.
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ARTICLE 4 UNION AND STEWARDS RIGHTS AND TIME POOL
4.1 The City recognize the Union’s officers and three (3) City Employee stewards, designated
by the Union, as agents of the Union. The Union shall furnish written notice to the City’s
Chief Human Resource Officer of the designated Union officers and stewards within
three days of any change in designation is made. The City recognizes the right of the
Union to designate one (1) chief steward from among the three (3) City Employee
stewards. The authority of a Union steward to act on behalf of and bind the Union is
implied from their designation as Steward.
4.2 Union officials as designated above shall only be able to meet with City Employees in
non-work areas (i.e., break areas) during non-work time. Nothing in this section shall
preclude or interfere with the City’s right to control access to City facilities for safety and
/or security purposes.
4.3 One (1) Union Stewards may be granted time off during working hours and paid from
the Union time pool or by the Union or by using the employee’s accrued vacation or
earned personnel days to engage in the following representative activities:
1. To attend a hearing related to a grievance and or arbitration.
2. To accompany an employee at a meeting when the employee has a reasonable
belief the employee is subject to disciplinary action.
3. When an Employee is attending a pre-determination hearing.
4. When participating in collective bargaining.
4.4 The CITY may reschedule the event if it interferes with productivity or manpower needs.
However, the exercise of such right on the CITY’S part shall not be arbitrary or capricious,
nor shall it allow the CITY to proceed in a manner that deprives the Employee of his or
her right of representation.
4.5 No Employee shall engage in Union business while on duty except as referenced herein.
An Employee who violates the limitations on Union activity during working hours is
subject to disciplinary action.
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4.6 Union stewards may use Union Time Pool time or unpaid leave in order that they may
attend conferences, seminars and similar events or other union activities related to their
representative function provided the leave is requested in advance and does not
adversely affect the on-going day to day operations in the any department.
4.7 Donations of time to and use of the time pool will be administered by the City. Donations
will be hour to hour and not based on an employee’s hourly rate.
4.8 The Local Union representative or his appointed designee shall be permitted access to
the City’s premises that are not open to public access only by coordinating with and
obtaining written response (email correspondence will suffice) of the Chief Human
Resource Officer or Assistant City Manager.
UNION TIME POOL-FUNDING AND USE
4.9 Union stewards may use Union Time Pool time or unpaid leave in order that they may
attend conferences, seminars and similar events or other union activities related to their
representative function provided the leave is requested in advance and does not
adversely affect the on-going day to day operations in the any department.
4.10 Stewards shall prepare and provide to the City a Union Business time-out slip when use
of pool time is being requested. The City process the request and maintain a record that
shows the accumulated hours used against the Union time pool.
4.11 Employees may donate two (2) hours of vacation time to be set aside in a Union Time
Pool and subsequently used to permit designated Union stewards to engage in the
representative activities described in 4.3 above, outside Union conferences, and training.
4.12 Donated time shall be transferred from the participating Employee’s accrued vacation
(annual leave) bank once each year in October. during the repeat month of the initial
transfer.
4.13 A donation to the time pool cannot be rescinded. Time Pool hours shall roll over from
one year to the next.
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4.14 Union time pool hours shall be classified as paid leave from work but shall not count as
time worked for the purpose of calculating overtime.
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ARTICLE 5 BARGAINING UNIT ROSTER
5.1 Upon written request of the President of AFSCME Council 79 on no more than a quarterly
basis, the City of Dania Beach will provide it with personnel data from the bargaining
unit database at no cost to the Union. The data will include employees’ names, home
addresses (unless exempt from public records production), work locations, and
classification titles. This information will be prepared on the basis of the latest
information available in the database at the time of the request. The list shall be in EXCEL
format. Any other information may be requested through public records request.
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ARTICLE 6 UNION BULLETIN BOARD
6.1. AFSCME will provide a serviceable bulletin board for its use. All materials posted must
be signed by an official of AFSCME. The City will furnish space for the bulletin board but
shall have no control over the postings on the Board.
6.2. Bulletins shall contain nothing derogatory relating to the CITY, its elected officials, City
employees, or supervisory personnel.
6.3. AFSCME will indemnify, defend, and hold the City harmless against any and all claims,
demands, suits or other terms of liability that shall arise out of the postings on the
AFSCME bulletin board.
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ARTICLE 7 ON-BOARDING PROGRAM
7.1 The City will provide the union with a list of all new employees and their work locations
within ten days of hire.
7.2 During City planned on-boarding program for new employees, the Union shall be given
an opportunity to have one of its Local Representatives speak briefly (no more than ten
minutes) to describe the Union, participation in negotiations, and general interest in
representing employees.
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ARTICLE 8 MEDICAL EXAMINATIONS
8.1 Annual medical examinations are as covered by the City’s health insurance plan.
.
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ARTICLE 9 WORKWEEK, BREAKS AND OVERTIME
9.1 Forty (40) hours in a seven (7) day work cycle shall constitute a normal workweek for an
employee covered by this Agreement. Nothing herein shall guarantee an employee
payment for a forty (40) hour workweek unless the employee actually works forty (40)
hours
9.2. Employees will be provided a one (1) hour unpaid lunch break and two (2) paid fifteen
(15) minute breaks each day. Employees may use break time for uninterrupted personal
use. Employees may not save the use the two (2) fifteen-minute breaks for the end of
the workday as such use interferes with the City’s ability to serve the public during
customary City business hours. With advance approval from their department managers,
employees may occasionally flex their start and end time, provided it is not done on a
daily basis and provided the grant of flex-time does not impact the workflow.
City may flex an employee’s work schedule (start or end time) to avoid unplanned
overtime in a work week, but not more than two (2) hours per work week and not more
than ten (10) hours in any quarter of the Fiscal Year.
Example: Employee required to work an extra hour on Monday; City may direct
the employee to work one less hour at the start or end of any remaining day in
the work week.
9.3 Employees covered hereunder shall be paid time and one-half the regular rate for actual
work performed in excess of forty (40) hours in a workweek. For purposes of computing
eligibility for overtime compensation, the two (2) fifteen-minute breaks shall be
considered as time worked. Only hours actually worked will count for overtime pay
calculation. No form of leave is counted as hours worked. All overtime shall be paid and
no accrue of compensatory time is permitted.
9.4. The City will make every effort to distribute overtime in an equitable manner, provided
individuals are qualified for such overtime assignments. The determination of
qualifications to work an overtime assignment is reserved to management.
Management’s decision is not grievable, but an employee may request review of the
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decision by the Chief Human Resource Officer. Although temporary imbalances in the
distribution of overtime may occur, nothing in this Article shall be construed as
alleviating the continued intent of department management to distribute overtime
equitably over an extended period of time. An employee who refuses overtime will be
rotated to the bottom of the list (as if they had worked) and the refusal will be recorded
for purposes of ensuring equitable opportunity. Department management will maintain
overtime records and will make such recorded information available to a Union
representative upon request. The City shall have the sole and exclusive right to authorize
and assign overtime work and compensation. When circumstances permit, the City shall
endeavor to provide advance notice when assigning overtime work to employees.
9.5. In the case of a regular or non-temporary change to working hours, the City will provide
a minimum of ten (10) calendar days’ notice to affected employees before any such
change takes effect, unless otherwise agreed to, or in emergency situations.
9.6. An employee who is called to work more than 45 minutes after the end of the employee's
regular work schedule shall receive call-out pay with a minimum guarantee of three (3)
hours pay at time and one-half the employee's regular rate of pay, provided such work
does not immediately precede or immediately extend the employee's regularly assigned
work shift. Employees called out more than one (1) time on the same day will be paid
for subsequent call outs on that day at the rate of time and one-half of the employee’s
regular rate of pay for each hour worked, with a minimum of one hour, provided that, if
the second call-out is more than eight (8) hours after the first call-out, then the employee
will receive the guaranteed minimum for both call-outs.
9.7 Stand-by” is assigned on a weekly basis. An employee who is assigned to “stand-by”
status will receive a flat rate of $200.00 per week for that assignment. The “stand-by”
pay is in addition to any call out hours or hours worked by the employee that week.
9.8. Employees are responsible for making hurricane and/or tropical storm preparations for
dealing with their families and properties in a manner than does not interfere with their
City employment responsibilities. Employees designated to work when other City
employees have been released from work when a hurricane and/or tropical storm is
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approaching will be paid premium pay for hour worked at the rate of one and one half
(1 ½ ) their regular hour rate of pay.
In the event of a Tropical Storm Watch/Warning or Hurricane Watch/Warning being
issued by the National Weather Service, on-duty personnel who are subject to having
their work shift extended for overtime purposes shall be permitted up to three (3) hours
of leave to report to their residence for the purpose of making final preparations or
evacuations for storm protection. The employee will be paid their regular pay for the
three (3) hours, but the hours do not count toward the calculation of hours worked for
overtime purposes. Scheduled time off shall be at the discretion of the Department
Director in order to maintain departmental operations. Employees will use their best
efforts to secure their homes and property before the approach of a storm so they may
perform their public service without interruption.
9.9. Failure to report for mandatory overtime, when ordered, may result in disciplinary action
up to and including termination for cause.
9.10 Afterhours Special Events The City holds various events on nights and weekends
throughout the year. These after-hours events are generally staffed by personnel from
the Parks and Recreation Department and Public Services Department. These events
require significant personnel resources for purposes of maintenance and sanitation
work as well as set-up and breakdown work. In recognition of this, the City is allowed
to use personnel from outside the bargaining unit to supplement regularly scheduled
staff at these events. The procedure for offering after-hours event work to those who
are not regularly scheduled to work the event will be as follows:
A. The work will first be offered to employees in the Public Services Department
and Parks and Recreation Department based on the type of work that needs to
be done. If the type of work is typically performed by the Public Services
Department, it will be offered to Public Services employees first. If the type of
work is typically performed by the Parks and Recreation Department, it will be
offered to the Parks and Recreation employees first.
B. If a Public Services employee or Parks and Recreation employee, with the
exception of Beach Lifeguard, works an afterhours event performing their regular
event duties, the employee will receive overtime if they are entitled to overtime
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because they worked over 40 hours in the work week as defined in the City's
Personnel Policy Manual ("PPM"), based on the employee's regular rate of pay
for the City.
C. If there are not enough employees from the Public Services Department and
Parks and Recreation Department to meet the staffing needs for the after-hours
event, the Human Resources Department will send an email to all City employees
(including Beach Lifeguards), at least five (5) work days in advance of the after-
hours event advising City employees of the need for additional help. Bargaining
unit employees who are not in the Public Services Department and Parks and
Recreation Department* as well as non-bargaining unit employees of the City
who want to work the afterhours event can fill out the Afterhours Event Work
form that will be on the City's intranet and email it to the Special Events Manager
within two (2) business days of the date of the City's notice of the event.
*Note: Beach Lifeguards are treated as all other City employees in the offer to
work these after-hours events.
D. The Parks and Recreation Department/Special Events will staff the after-hours
event on a first come, first-served basis. The Parks and Recreation
Department/Special Events will notify employees that they have been selected
to work the after-hours event at least 24-hours in advance of the after-hours
event. Once an employee receives notification that they have been selected to
work the after-hours event, the employee will be expected to work the after-
hours event.
E. Employees who work an after-hours event and whose job is not within the Public
Services Department or the Parks and Recreation Department and Beach
Lifeguards will be paid an hourly rate of $16.67. If the employee is entitled to
overtime pursuant to the PPM, the employee will be paid a blended rate for
overtime hours. The City's payment of overtime will be as is required by the Fair
Labor Standards Act ("FLSA").
F. Employees who agree to work an after-hours event are governed by the City's
PPM, including all rules relating to attendance and disciplinary action. If an
employee agrees to work an after-hours event and they need to call-out for any
reason, the employee must contact the Special Events Manager to report the
absence. The Special Events Manager will advise the Employee's direct
supervisor of any call-out for attendance purposes. Employees may not use their
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City sick leave, personal days or floating holiday to compensate themselves for
such absences. The Special Events Manager may list additional "stand-by"
employees in case an employee calls out. If this happens, the Special Events
Manager will start calling employees that are standing-by.
G. If there are not enough employees from the City to staff the after-hours event,
the City may contact an outside vendor(s) to provide additional support. The
City will contact vendors after the employees have had two (2) business days to
sign up to work the after-hours event as discussed in subsection c. above.
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ARTICLE 10 WORK RULES
10.1 The City will provide the Union with a copy of any amended provision of the PPM and
any new or amended written work rules affecting employees covered by this Agreement
that are instituted or modified during the term of this Agreement, no less than twenty
(20) days before the amendment goes into effect. This does not limit management right
to formulate, amend, revise and implement City department policy, rules and regulations
nor does it constitute a waiver of the Union’s right to bargain.
10.2 No reduction of benefits will be imposed during the term of this Agreement
10.3 A Union demand for bargaining must be made within five (5) calendar days of receipt of
notice. In the event the Union demands impact bargaining, the Union must identify a
negotiable effect on wages, hours, or terms and conditions of employment of the
bargaining unit.
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ARTICLE 11 DISCIPLINE AND DISCHARGE
11.1. All employees with permanent or non-permanent status with the City may be disciplined
for “Just Cause”. “Just Cause” may be defined to mean definite proof of alleged
employee misconduct in regard to job duties, work hours, ethical practice,
insubordination, or any other written department or City policy. The City may terminate
an employee for:
A. Violating the City’s PPM Standards/Code of Conduct. or
B. Engaging in an act or omission which the employee knew or should have known was
detrimental to the mission or operations of the City.
11.2. The City shall adhere to a policy of progressive discipline, except in situations that are
so egregious or in situations where the misconduct is so contrary to the public interest
that immediate dismissal may be the only appropriate disciplinary measure. Progressive
discipline will involve Verbal Consultation, Written Reprimand, Final Written Warning,
Suspension (with or without pay), and Dismissal.
A. Employees charged with a felony offense or with illegal conduct against a co-
worker that has a nexus to their job duties with the City shall be placed on
administrative leave without pay until final disposition of the criminal charges. An
employee who is convicted of or who pleads guilty or no contest to a felony as
part of a negotiated plea shall be terminated from their employment with the
City.
B. An employee placed on administrative leave without pay under this provision may
use accrued leave during the period of administrative leave. If the employee is
found innocent following trial, or if the prosecutor drops the charges, the
employee and his/her leave time used will be reinstated.
C. An employee who is arrested must report the arrest to the City Manager within
or as soon as possible thereafter but no later than the start of the employee’s
next workday.
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11.3 The employee being disciplined may ask for a Union representative to be present at any
step of the process outlined above.
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ARTICLE 12 GRIEVANCE PROCEDURES
12.1 This grievance procedure is the exclusive method of resolving disputes, other than
disciplinary appeal, relating to the application and interpretation of this agreement. See
Article 14 for Disciplinary Appeals process.
12.2 Any claim by an employee, group or class of employee-members of the Union that there
has been a violation, misinterpretation or misapplication of any provision of this
Agreement, or any rule, order or regulation of the City deemed to be in violation of the
Agreement, may be processed as a grievance as hereinafter provided. Grievances shall
be set forth in the space provided on the grievance form, a complete statement of the
grievance and the facts upon which it is based, together with the sections of this
agreement claimed to have been violated and the remedy or correction requested.
12.3 STEPS FOR FILING GRIEVANCE
Step 1:
The Union may file a grievance on behalf of one or more bargaining unit employees
within ten (10) working days of the occurrence or knowledge of the occurrence of the
action giving rise to the grievance. The Union shall reduce the grievance to writing on
the standard grievance form provided by the Union and present it to the Chief Human
Resource Officer or their designee. The Chief Human Resource Director or their designee
shall investigate the alleged grievance and shall within ten (10) working days of receipt
of the written grievance, conduct a meeting with the Union. The Chief Human Resource
Officer or their designee shall notify the Union in writing of their decision not later than
ten (10) working days following the meeting date.
Step2 .
If the decision reached in step 1 is not acceptable to the grievant, he/she may, within
ten (10) working days of the decision reached in Step 1, present the written grievance to
the City Manager or their designee. The City Manager or his/her designee shall
investigate the alleged grievance and shall within ten (10) working days following receipt
of the written grievance, conduct a meeting with the Union, if needed. The City Manager
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shall notify the Union in writing of their decision not later than ten (10) working days
following the meeting date.
12.4 All grievances must be processed within the time limits herein provided unless extended
by mutual agreement in writing. Any grievance not processed by the Union in
accordance with the time limits provided in each step of the article, shall be considered
conclusively abandoned. Any grievance not processed by the City within the time limits
provided herein, shall be automatically advanced to the next higher step in the grievance
procedure.
12.5 Additional Provisions:
A. A group/class grievance shall be presented at Step 1 in writing, within ten (10)
working days of the occurrence of the events which give rise to the grievance.
The grievance shall be signed by the aggrieved employees or the Union president
or the authorized union representative.
12.6 If a grievance, as defined in this article, has not been satisfactorily resolved within the
grievance procedure, the grievant may request arbitration.
12.7. ARBITRATION PROCEDURE:
A. If the Union is not satisfied with the response from the City Manager, the Union
may submit the grievance to arbitration filing a request for a seven (7) name
arbitration panel to the Federal Mediation and Conciliation Service. The
submission must be made within ten (10) calendar days of the date of the City
Manager’s correspondence to the FEDERATION, as evidenced by actual filing with
the Federal Mediation and Conciliation Service.
The time limits contained herein are to be strictly adhered to and may only be
extended by written agreement (including email requests coupled with a written
affirmation) between the parties. No consent to extension shall be implied by the
conduct of the parties in the absence of a written or email agreement.
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B. The parties will select an arbitrator from a panel or panels of not less than seven
(7) choices submitted by the Federal Mediation Conciliation Service (FMCS) within
two (2) weeks after receipt of a panel of arbitrators. In the event that either party,
before any striking of names occurs, feels that the panel submitted by FMCS is
unsatisfactory, that party shall have the right to request one (1) additional panel.
The arbitrator shall thereafter be selected from the panel of arbitrators supplied
by FMCS by alternate striking of names until one (1) name remains. The Union
shall strike the first name. The parties will thereupon notify the FMCS which will
notify the arbitrator of the appointment.
C. The arbitrator shall render a decision within thirty (30) days of the arbitration
hearing or within thirty (30) days of the receipt of any written position of both
parties.
D. The expenses and fees of any arbitrator and court reporter (if one is ordered) and
transcript shall be borne equally by both parties.
E. The decision of the arbitrator shall be final and binding on both parties.
F. No arbitrator functioning under this step shall have the power to amend, modify
or delete any provision of this agreement.
12.8 GENERAL PROVISIONS:
A. Local 3535 American Federation of State, County and Municipal Employees, AFL-CIO,
exercises rights granted under State Statute 447.401 and will not represent non-
members of the union in the grievance procedure. Any union member, if they elect
to, shall have union representation at any step of the grievance procedure and/or
during disciplinary proceedings.
B. For the purpose of this section, working day shall mean Monday through Friday,
excluding holidays.
C. The times indicated on all steps may be extended by mutual written agreement.
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D. When a grievance is reduced to writing there shall be set forth therein:
1. A complete statement of the grievance and the facts upon which it is
based.
2. The section or sections of this agreement that are alleged to have been
violated; and
3. The remedy or correction requested.
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ARTICLE 13 NOTIFICATION OF CORRECTIVE ACTIONS AND APPEALS
13.1 The City may discipline an Employee when the City determines that the Employee has
violated City or Departmental rules, regulations, orders or performance standards,
Standards of Conduct (section 4 PPM), R.I.S.E. Standards (section 11 PPM) or when the
Employee has engaged in unethical or illegal activities. Neither counseling nor
instruction (verbal or written) are discipline but counseling or instruction can be used to
establish that an Employee has knowledge the Employee’s conduct that gave rise to the
counseling or instruction is not proper. All discipline shall be in writing and shall be
provided to the Employee and shall be placed in the Employee’s personnel file. Discipline
is deemed a proper exercise of managerial rights unless it is arbitrary, capricious, or
discriminatory but may be appealed as follows.
13.2. Corrective actions are classified as either major or minor as follows:
MAJOR: Termination
Demotion
Suspension without pay – more than three (3) days or a third
suspension without pay for less than three (3) days that occurs
within 12 months of the prior two (2) suspensions, starting with date
of the first suspension.
MINOR: Written warning/Written Reprimand
Suspension without pay of three (3) days or less
Predetermination Conferences: Predetermination conferences shall be held whenever
an employee is facing corrective action that includes the loss of pay. The
predetermination conference shall be held prior to the corrective action being issued.
Notice of not less than 48 hours shall be given for predetermination conferences.
Employees subject to corrective actions classified as major shall be afforded a pre-
determination conference with the City Manager’s designee.
13.3. Appeals of disciplinary action shall be handled as follows:
A. Major discipline may be by appeal to an arbitrator, by using the same procedure for
appointment of an arbitrator as set forth in Grievance Article above. The Union may
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request review of the discipline by the City Manager provided it does so before the
ten (10) daytime limit for requesting arbitration. If a meeting is requested, the ten
(10) time limit for requesting arbitration shall be abated. The request for appointment
of an arbitrator must be made in writing within ten (10) calendar days of notice of
the City’s disciplinary action. The cost of the arbitration panel, if any, shall be split by
the City and the Union equally.
B. The arbitrator may sustain, reverse, or modify the discipline set by the City Manager.
The decision of the arbitrator is final and binding on the parties.
C. Written reprimands may not be appealed but the Employee may submit a written
response provided the response is submitted within ten (10) days of the written
reprimand. If a written response is submitted by the Employee, it shall be attached
to the written reprimand and placed in the Employee’s personnel file.
D. Suspensions without pay of three (3) days or less may be appealed to the City
Manager whose decision shall be final. An appeal shall be filed in writing within ten
(10) days of notice of the suspension without pay. The City Manager shall conduct
an investigation of the discipline and render a decision within twenty (20) days of the
appeal. The City Manager’s decision may be to sustain, reverse, or modify the
discipline. In no event shall the City Manager’s decision increase the discipline to
more than a suspension without pay of three (3) days. The City Manager may
conduct interviews with the grievant, departmental staff, or members of the
bargaining unit as part of his/her investigation of the discipline.
13.4 All prior discipline received by an Employee shall be considered when a new discipline
is contemplated, but not all prior discipline shall be given the same weight. By way of
example: The older a discipline, the less its weight. A pattern of discipline over a short
period of time has greater weight than sporadic discipline spread over an extended
period of time.
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ARTICLE 14 PAY RANGES
14.1 The City will annually establish the minimum and maximum pay ranges for bargaining
unit positions. Specific position ranges may be increased but no range will be reduced
during the term of this Agreement and the pay plan will be implemented as set forth in
the PPM.
14.2 Individual employee rate of pay does not change with an increase in the pay range;
individual employee’s rates of pay are increased as set forth in the Wage Article.
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ARTICLE 15 VACANCIES, TRANSFERS, RECLASSIFICATIONS
15.1 Bargaining unit position vacancies, promotions, and transfers shall be filled as soon as
practicable taking into consideration notice (posting) requirements, operational needs,
and availability of funds.
15.2 Final authority to fill a vacancy or approve a transfer is a managerial prerogative reserved
to the City Manager.
15.3 A reclassification is defined as a City decision to change the job duties of a bargaining
unit employee coupled with an increase in the compensation associated with the
reclassification. The City will provide the Union with thirty (30) days’ notice prior to the
implementation of the reclassification of a bargaining unit employee. A reclassification,
being the exercise of a management right, it is not grievable.
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ARTICLE 16 WORKING OUT OF CLASSIFICATION
16.1 Employees designated by Department Heads, and with the written approval of the
Human Resource Director and Assistant City Manager, to temporarily serve in a regularly
budgeted higher position shall be compensated as follows:
A. If the employee serves for a period of eight (8) hours or more, the employee shall
receive assignment pay for the total time of temporary service, of 10% additional
compensation beyond their regular wages. Under no circumstances shall the total
additional compensation exceed the maximum pay grade amount for the
temporary position.
B. If the employee serves for a period of less than eight (8) hours, the employee shall
receive no additional compensation beyond the wages of regular classification,
but time served out of grade may be considered when promotional opportunity
or transfers are available.
C. When an employee working out of class works overtime in a bargaining unit
position, the overtime will be calculated at the rate the employee earns in the
upgrade position
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ARTICLE 17 UNIFORMS
17.1 The City will supply uniforms to employees required to wear them and in accordance
with the City’s uniform policy. See PPM.
17.2 Public Services Department field personnel and Field Inspectors will be provided with
safety shoes (up to $300.00) annually by the City.
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ARTICLE 20 GROUP INSURANCE
20.1 Bargaining unit employee may participate in the insurance programs the City offer to
other City employees.
20.2 If the City proposes to modify its existing group insurance policy at any time during the
life of the contract, such as by changing any benefit provisions, the City shall meet and
discuss with the Union prior to making any changes in the group insurance plan affecting
its members. The parties are maintaining the status quo, which is to meet and discuss
group health insurance concerns. As such, there will be no bargaining as to this
provision.
20.3 The employee cost of insurance will remain at 16% through 9/30/2028.
20.4 For regular, full-time employees, the City shall provide life insurance for the employee
with a policy amount equal to at least two (2) times the employee’s annual salary not to
exceed of $200,000.
20.5 The existing policy regarding retiree health benefits shall be continued for all employees
on the payroll as of the effective date of this Agreement.
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ARTICLE 27 COMPENSATION FOR USE OF PERSONAL VEHICLE
27.1 Employees cannot use their personal vehicles for work.
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ARTICLE 29 FLOATING HOLIDAY
29.1 Employees will be granted a floating holiday with pay, but the hours off do not count
in the calculation of hours worked for overtime purposes.
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ARTICLE 30 PENSION-RETIREE BENEFITS
30.1 There is no change in the status quo on pension retirement benefits. Pension and Retiree
benefits are governed under City of Dania Beach Code of Ordinances, Chapter 18, and
FRS regulations when applicable.
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ARTICLE 31 SENIORITY
31.1 Seniority as used herein is defined as the right accruing to employees through length of
service which entitles them to certain considerations and preferences as provided for in
this agreement. Seniority shall mean the length of continuous service an employee has
with the City beginning with the date he/she was employed.
31.2 New hire Regular employees shall have a twelve (12) month probationary period and
promoted employees will have a six (6) month probationary period for purposes of
seniority. During this probationary period, the employee shall have no seniority rights.
Upon the completion of the probationary period, the employee's seniority shall be dated
from date of hiring.
31.3 Departmental seniority is defined as the length of employment within the employee's
current department.
31.4 Classification seniority is defined as the length of employment within the employee's
current classification.
31.5 Seniority shall continue and accumulate during the following:
A. Illness under an approved leave.
B. Injury in the line of duty.
C. Authorized leaves of absences.
31.6 Employees shall lose seniority for the following reason:
A. Exceeding an authorized leave of absence. In this case, the employee will not
continue to accrue seniority, but will retain what they previously earned.
31.7 Departmental seniority will be given first consideration in hours of work, shift
assignment, vacation if qualified, overtime, subject to approval of department head.
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31.8 The employee will not accrue any seniority or paid leave time while on unpaid FMLA
leave. Accrual of any seniority and paid leave time will resume upon return to active
employment. The taking of FMLA leave will not result in the loss of any paid leave time
that the employee accrued prior to the date on which FMLA leave started except to the
extent such paid leave time is used during FMLA leave. See PPM 7.1
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ARTICLE 32 SAVINGS CLAUSE
32.1 If any article or section of this Agreement shall be found invalid, unlawful, or not
enforceable by reason of any existing or subsequently enacted State, Federal or
Municipal Legislation, all other articles shall remain in full force and effect for the
duration of this Agreement.
32.2 In the case of invalidation, both the City and the Union shall meet at reasonable times
for the purpose of agreeing to replace and/or rectify the article(s) in question.
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ARTICLE 33 WAGES1
33.1 A. Effective with the first full pay period following October 1, 2025, the City will
implement a new pay plan that adjusts the City’s pay plan from the 50th percentile
to the 70th percentile. Therefore, the minimum of the range and the maximum of
the range will increase by 20% in Year 1 of the Agreement. In moving jobs to the
new pay plan, employees will receive a pay increase based on their placement in
the City’s current pay plan. No employee will be paid less than the minimum for
the salary grade for his or her position and no employee will be paid more than
the maximum for the salary grade for his or her position.
B. Effective with the first full pay period following October 1, 2026, employees will
receive a COLA increase based on the Consumer Price Index for Southeast Florida
based on a 12-month average, plus two percent (2%). The minimum increase will
be four percent (4%) and the maximum increase will be 6%. The index to be used
is CPI-U, All Items, Miami-Fort Lauderdale-West Palm Beach, FL, not seasonally
adjusted, 12-month percentage change as of April 1, 2026. The pay plan will also
move by the same percentage increase as the COLA increase given to employees.
C. Effective with the first full pay period following October 1, 2027, employees will
receive a COLA increase based on the Consumer Price Index for Southeast Florida
based on a 12-month average, plus two percent (2%). The minimum increase will
be four percent (4%) and the maximum increase will be six percent (6%). The index
to be used is CPI-U, All Items, Miami-Fort Lauderdale-West Palm Beach, FL, not
seasonally adjusted, 12-month percentage change as of April 1, 2027. The pay
plan will also move by the same percentage increase as the COLA increase given
to employees.
33.2 There are no additional base wage increases, except those resulting from promotion,
after September 30, 2028, unless agreed to by the parties and reflected in a successor
collective bargaining agreement.
1 Per PPM, employees who are at or reach the maximum of the pay range will receive a lump sum payment of
any amount over the maximum based on the COLA increase for that fiscal year. HR may adjust the pay plan up in
subsequent years based on market analysis.
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ARTICLE 34 CROSS TRAINING
34.1 The City and Union mutually agree that with the introduction of sophisticated computer
software in most departments, the need for cross-training within the "home"
department as well as within other departments throughout the City exists.
34.2 Those departments affected by the demonstrated need for cross-training shall be
allowed to do so even if the assigned cross-training activities are outside the
employee’s current job description and classification. Employees affected shall also at
times be required to perform cross-trained activities in other than their "home"
department. Article 18 of this Contract shall prevail where applicable.
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ARTICLE 35 LAY-OFF AND BUMPING
35.1 Lay-offs will be in accordance with: (1) Seniority, and (2) Qualifications (taking into
consideration performance, education and certifications), and disciplinary record in a
classification within a Department.
35.2 When a lay-off takes place, it shall be accompanied by laying off temporary employees
first, provisional employees second, probationary employees third, and then permanent
employees, in accordance with the criteria established above.
35.3 The employer shall forward a list of those employees being laid off to the Local Union
when the notices are issued to the employees.
35.4 When an employee is laid off due to a reduction in the work force, they shall be
permitted to exercise their seniority right to bump or replace an employee in the same
classification grouping in their department with less seniority if they are qualified to do
the job.
35.5 Employees may, if they so desire, bump an employee in a lower job classification within
their department provided the bumping employee has greater seniority than the
employee they bump, has the ability to perform the job, and is willing to work at the
decreased rate of pay. Qualification and ability to do the job shall be determined solely
by management.
35.6 When the work force is increased after lay-off, employees will be recalled in inverse order
of layoff. Notice of recall shall be sent to the employee at his last known address by
registered mail. The union shall be notified at the same time. If any employee fails to
report for work within fifteen (15) days from the date of mailing of notice recall, they
shall be considered to have quit.
35.7 Recall rights for an employee shall expire after a period equal to their seniority, but in
no case more than two (2) years from the date of lay-off. Written notice of expiration of
recall rights shall be sent to the employee at their last known address by registered or
certified mail. No new employee shall be hired until all employees on lay-off who have
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agreed to return to work have been recalled in the same classification. Probationary
employees have no recall rights.
35.8 Terms of this Article shall apply exclusively to bargaining unit members. No right shall
exist for a bargaining unit employee to displace a non-bargaining unit employee in the
same or similar classification for any reason.
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ARTICLE 36 PART-TIME EMPLOYEES
36.1 Any and all sections of this Agreement between the General Employees and the City,
apply mainly to full-time regular employees. However, in order for the Public Employees
Relations Commission to approve the AFSCME as the exclusive bargaining unit for the
General Employees, part-time employees could not be excluded from the unit.
36.2 Wage adjustments set forth in this Agreement apply to both full-time and part-time
employees.
36.3 Fringe benefits (if any) provided to part time employees, including but not limited to,
health insurance, education incentive, and pension as set forth in the PPM.
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ARTICLE 38 PERSONNEL POLICY MANUAL
38.1 The provisions of the City Personnel Policy Manual, as amended from time to time, are
incorporated by reference into this Agreement and are applicable to bargaining unit
employees as though set out herein and shall be enforceable pursuant to the grievance
and arbitration provisions of this Agreement. In the event of a conflict between the
collective bargaining agreement and the PPM, or any other policy issued by the City, the
applicable provision(s) of the collective bargaining agreement shall control.
38.2 The City and Union have, through collective bargaining, attempted to resolve all the
terms of this Agreement and the PPM regarding benefits and conditions of employment.
The Agreement prevails when it expressly addresses a subject, but in the event a subject
is not expressly addressed in the Agreement, but is addressed in the PPM, the terms of
the PPM will control.
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ARTICLE 39 LABOR MANAGEMENT COMMITTEE
39.1 There is established a labor-management committee. This committee will be comprised
of four (4) members. Two (2) members representing management will be appointed by
the City Manager. Two (2) representatives of the Union will be chosen by the Union.
39.2 This Committee will meet quarterly, or upon request of either party.
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ARTICLE 40 TERM OF AGREEMENT
40.1 The Agreement shall take effect October 1, 2025, and continue in force until September
30, 2028. There are no monetary adjustments resulting from this agreement that will be
applied retroactively.
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SIGNATURE PAGE
CITY OF DANIA BEACH
City Manager
Date
AFSCME FLORIDA COUNCIL 79, AFL-CIO LOCAL 3535
President
Vice president
Date
ATTEST:
City Clerk
Ratified by the Collective Bargaining unit on ________________
Ratified by the City Commission on ________________