HomeMy WebLinkAboutR-2019-137 AFSCME Florida Council 79, AFL-CIO Local 3535 Collective Bargaining Agreement Effective from Ratification Date Through September 30, 2022 RESOLUTION NO. 2019-137
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, 2019, THROUGH SEPTEMBER 30, 2022,
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 included by this reference; and
WHEREAS, the Agreement was ratified by the Florida Council 79, AFL-CIO Local 3535
on October 4, 2019; 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 foregoing "WHEREAS" clauses are true, correct and are ratified
and confirmed by the City Commission.
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, 2019 through September 30, 2022, 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are repealed to the extent of such conflict.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.
PASSED and ADOPTED on October 28, 2019.
ATTEST: ���► BEgc � �
THOMAS SCHNEIDER, CMC LOKI LEWELLEN
CITY CLERK MAYOR
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APPROVED A TO ftqRM AND CORRECTNESS:
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CITY ATTO
2 RESOLUTION#2019-137
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DANIA BEACH
AND
AFSCME FLORIDA COUNCIL 79,AFL-CIO
LOCAL3535
2019-2022
Effective from Ratification Date
Through
September 30, 2022
1003306014614-1104020)
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PREAMBLE..................................................................................................................................................................4
ARTICLE1 DEFINITIONS..............................................................................................................................5
ARTICLE2 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
ARTICLE7 DUES CHECK OFF................................................................................................................... 13
ARTICLE 8 ORIENTATION PROGRAM.................................................................................................. 14
ARTICLE 9 PHYSICAL EXAMINATIONS................................................................................................ 15
ARTICLE 10 WORKWEEK, BREAKS AND OVERTIME...................................................................... 16
ARTICLE11 WORK RULES........................................................................................................................... 18
ARTICLE 12 DISCIPLINE AND DISCHARGE.......................................................................................... 19
ARTICLE 13 GRIEVANCE PROCEDURES................................................................................................20
ARTICLE 14 DISCIPLINARY APPEALS.....................................................................................................24
ARTICLE 15 PAY AND CLASSIFICATION................................................................................................26
ARTICLE16 RESERVED.................................................................................................................................27
ARTICLE 17 VACANCIES&TRANSFERS................................................................................................28
ARTICLE 18 WORKING OUT OF CLASSIFICATION............................................................................29
ARTICLE19 UNIFORMS.................................................................................................................................30
ARTICLE20 SAFETY.......................................................................................................................................31
ARTICLE 21 WORKERS COMPENSATION..............................................................................................32
ARTICLE 22 GROUP INSURANCE..............................................................................................................33
ARTICLE23 SICK LEAVE...............................................................................................................................34
ARTICLE 24 LEAVES OF ABSENCE........................................................................................................... 35
ARTICLE25 JURY DUTY................................................................................................................................36
ARTICLE 26 BEREAVEMENT LEAVE.......................................................................................................38
ARTICLE27 PERSONAL DAY.......................................................................................................................39
ARTICLE28 HOLIDAYS..................................................................................................................................40
ARTICLE29 VACATIONS...............................................................................................................................41
ARTICLE 30 COMPENSATION FOR USE OF PERSONAL VEHICLE..............................................42
ARTICLE 31 EDUCATIONAL INCENTIVE...............................................................................................43
ARTICLE 32 PENSION-RETIREE BENEFITS.........................................................................................44
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ARTICLE33 SENIORITY................................................................................................................................45
ARTICLE 34 SAVINGS CLAUSE...................................................................................................................46
ARTICLE35 WAGES........................................................................................................................................47
ARTICLE 36 CROSS TRAINING...................................................................................................................48
ARTICLE 37 LAY-OFF AND BUMPING.....................................................................................................49
ARTICLE 38 PART-TIME EMPLOYEES....................................................................................................50
ARTICLE 39 DRUG FREE AND ALCOHOL FREEWORKPLACE POLICY...................................... 51
ARTICLE 40 LABOR MANAGEMENT COMMITTEE............................................................................ 52
ARTICLE 41 TERM OF AGREEMENT........................................................................................................ 53
SIGNATUREPAGE.................................................................................................................................................54
APPENDIX"A...........................................................................................................................................................55
APPENDIX"B".........................................................................................................................................................56
APPENDIX"C».........................................................................................................................................................67
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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;
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.
(00330601.4614-1104020)
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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 as evidenced by
Amended Order # 89E-291, Public Employees Relations Commission, October 9,
1989.
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.
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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 occupying the job
classifications set forth in Certification Number 590 granted by the Public
Employees Relations Commission on October 9, 1989 and as revised in the Public
Employees Relations Commission ("PERC") Final Order 04E-024, dated January 21,
2004 as set forth below.
Accounting Specialist Marine Safety Officer
Accounting Technician I and II Meter Reader
Administrative Coordinator Occupational Licensing Coordinator
Administrative Specialist I and II Occupational License Specialist
Administrative Technician Payroll and Benefits Coordinator
Administrative Assistant Permit Service Specialist
Building Inspector Permit Service Clerk
Cemetery Caretaker Planning Associate
Chief Electrical Inspector Pool Lifeguard
Chief Plumbing Inspector Purchasing Agent
Customer Service Representative Purchasing and Contract Coordinator
Custodian Recreation Assistant I and II
CSA/Parking Enforcement Specialist Recreation Attendant
Crew Leader Recreation Leader
Code Inspector Technical Support Specialist
Fleet Mechanic/Service Coordinator Trades Maintenance Supervisor
Grants Coordinator Trades Mechanic I and II
Irrigation Mechanic Treatment Plan Operator Trainee
Landscape/Grounds Technician I and II Treatment Plant Operator"B"
Maintenance Worker/Equipment Treatment Plant Operator"C"
Operator I, II and III Utilities Service Worker
Marine Safety Lieutenant Utilities Mechanic
2.2 There has been modification of positions since the formation of the bargaining unit.
AFSCME will file a Petition with PERC within thirty (30) days of ratification of this
agreement seeking unit modification to reflect inclusion of the positions in Appendix
"A"and exclusion of all other City positions.
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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..
3.2 The City shall determine the number of work hours, shifts, pay rate and job
assignments of its employees and further reserves the right to subcontract, expand,
assign or cease any job, division or department, providing that this article is
consistent with other articles of this Agreement. .
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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 Department Head of the designated Union officers and stewards within
three days of ratification of this Agreement and when any change in designation is
made thereafter. 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) and 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 The Chief Union Stewards or his/her designee may be granted time off during
working hours 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 stop the use of such time off and 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.
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 Stewards shall maintain and provide to the City a Union Business time-out slip that
shall be processed to show their accumulated hours used against the Union time
pool.
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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 Human
Resources Director or Assistant City Manager.
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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 maintain and provide to the City a Union Business time-out slip that
shall be processed to show their 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
outside Union conferences and training.
4.12 Donated time shall be transferred from the participating Employee's accrued
vacation (annual leave) bank within thirty (30) days of the ratification of this
Agreement and thereafter once each year during the repeat month of the initial
transfer.
4.13 Time Pool hours shall roll over from one year to the next.
4.14 Union representation shall utilize the Union Time-Out slip when using Time Pool
hours.
4.15 Union time pool hours shall only be used for a steward's leave from assigned regular
duties to engage in outside Union conferences and training.
4.16 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 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, 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.
{00330601 4 614-1104020}
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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 agrees to 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 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 DUES CHECK OFF
7.1 The City shall deduct dues from the wages of its employees upon written
authorization of the employees of the Union. Any employee covered by this
Agreement may authorize a payroll deduction for the purpose of paying Union
dues.
7.2 The Union will notify the City as to the amount of dues. Such notification to the City
shall be in writing and from an official of the Union. Changes in Union membership
dues will similarly be certified to the City at least thirty (30) days prior to the
effective date of the change.
7.3 The amounts deducted pursuant to such authorization shall be payable to AFSCME
Florida Council 79, AFL-CIO transmitted once each month to AFSCME Florida
Council 79, AFL-CIO, 3064 Highland Oaks Terrace, Tallahassee, FL 32301, along
with a list of names of employees from whom the deductions are made.
7.4 Authorization for such deductions shall be revocable thirty- (30) day after written
notice to the City and to the Union by the employees involved.
7.5 The Union will indemnify and hold the City harmless against any and all claims,
suits, orders or judgments, brought or issued against the City as a result of any
action taken or not taken by the City under the provision of this section.
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ARTICLE 8 ORIENTATION PROGRAM
8.1 The City will provide an orientation and job description to all new employees in a
timely manner. The City will provide the union with a list of all new employees and
their work locations within ten days of hire.
8.2 During planned orientation of new employees, the Union shall be given an
opportunity to Introduce (or have introduced) one of its Local Representatives who
may speak briefly to describe the Union, participation in negotiations, and general
interest in representing employees. Where no orientation is scheduled for new
employees upon entry to the bargaining unit, an equivalent opportunity shall be
afforded the Union to address new employees.
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ARTICLE 9 PHYSICAL EXAMINATIONS
9.1 The City agrees to pay the actual cost, up to $750.00, for the cost of an employee's
annual voluntary physical exam unless otherwise covered by insurance.
9.2 No deductibles shall apply to the above benefit.
9.3 This dollar benefit is inclusive of all lab work,x-rays, etc.
9.4 If annual exams or body scans are covered under the City's health plan, the City will
reimburse only those amounts not covered by the health plan up to the maximum
limits stated above.
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ARTICLE 10 WORKWEEK, BREAKS AND OVERTIME
10.1 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.
10.2. 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
time, provided it is not done on a daily basis and provided the grant of flex-time does
not impact the workflow.
10.3 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.
10.4. 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 decision by the Human Resource Director. 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 he/she 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.
10.5. 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.
10.6. 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
[003306014614-1104020)
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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.
10.7 "Stand by" is assigned on a weekly basis.An employee who is assigned to "stand-by"
status will receive a total of four (4) hours of pay at their regular rate of pay for that
assignment.
10.8. 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 approaching will be paid premium pay for hour worked at the rate
of one and one half(1 Y2) 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.
10.9. Failure to report for mandatory overtime, when ordered, may result in disciplinary
action up to and including termination for cause.
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ARTICLE 11 WORK RULES
11.1 The City will provide the Union with a copy of any written work rules affecting
employees covered by this Agreement that are instituted or modified during the
term of this Agreement, before the rules go into effect. This does not limit
management right to formulate, amend, revise and implement City department
policy, rules and regulations, provided, however, that such formulation, amendment,
revision and/or implementation is neither arbitrary or capricious.
100330601.4614-1104020)
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ARTICLE 12 DISCIPLINE AND DISCHARGE
12.1. 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 as set forth in Appendix "C",
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.
12.2. 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 work day.
12.3 The employee being disciplined may ask for a Union representative to be present at
any step of the process outlined above.
(003306014614-1104020}
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ARTICLE 13 GRIEVANCE PROCEDURES
13.1 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.
13.2 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.
13.3 STEPS FOR FILING GRIEVANCE
Step 1:
The grievant shall present orally his grievance to his immediate supervisor within
ten (10) working days of the occurrence or knowledge of the occurrence of the
action giving rise to the grievance. A union steward or union representative may
be present. Discussions will be informal for the purpose of settling differences in
the simplest and most direct manner. The immediate supervisor shall reach a
decision and communicate such decision verbally to the grievant, within ten (10)
working days from the date the grievance was presented to him/her.
Step 2.
If the grievance is not settled at the first step,within ten (10) working days from the
date of the decision in Step 1, the grievant shall reduce the grievance to writing on
the standard grievance form provided by the Union and present it to the department
head or their designee. The department head or their designee shall investigate the
alleged grievance and shall within ten (10) working days of receipt of the written
grievance, conduct a meeting between themselves, their representative if needed,
and the grievant. The grievant may be accompanied at this meeting by a union
representative. The department head or their designee shall notify the aggrieved
employee in writing of his decision not later than ten (10) working days following
the meeting date.
Step 3:
If the decision reached in step 2 is not acceptable to the grievant,he/she may,within
ten (10) working days of the decision reached in step 2, present the written
grievance to the Human Resources Director. The Human Resource Director shall
investigate the alleged grievance and shall within ten (10) working days following
receipt of the written grievance, conduct a meeting between himself/herself, and/or
{00330601 4 614-1104020}
20
his/her representatives if needed, and the aggrieved employee. The grievant may
be accompanied at this meeting by a union representative. The Human Resource
Director shall notify the aggrieved employee in writing of his/her decision not later
than ten (10) working days following the meeting date.
Step 4.
If the decision reached in step 3 is not acceptable to the grievant,he/she may,within
ten (10) working days of the decision reached in Step 3, present the written
grievance to the City Manager or his/her 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 between
himself/herself, his/her designee and/or his/her representatives, if needed, and the
aggrieved employee. The grievant may be accompanied at this meeting by a union
representative. The City Manager shall notify the aggrieved employee in writing of
his/her decision not later than ten (10) working days following the meeting date.
13.4 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.
13.5 Additional Provisions:
A. A group/class grievance shall be presented at Step 3 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.
B. If a grievance arises from the action of an official higher than Step 1
(immediate supervisor), the grievance shall be initiated at Step 2 or 3 as
appropriate. The grievance shall be submitted in writing within ten (10)
working days of the occurrence or knowledge of the occurrence giving rise to
the grievance.
13.6 If a grievance, as defined in this article, has not been satisfactorily resolved within
the grievance procedure,the grievant may request arbitration.
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13.7. ARBITRATION PROCEDURE:
A. When either of the parties desire that an unresolved grievance be submitted
to arbitration, the matter shall be referred to the Federal Mediation
Conciliation Service with notification to the other party.
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.
13.8 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 agreement.
D. When a grievance is reduced to writing there shall be set forth therein:
[00330601 4614-1104020)
22
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.
{003306014614-1104020)
23
ARTICLE 14 DISCIPLINARY APPEALS
14.1 The City may discipline an Employee when the City determines that the Employee
has violated City or Departmental rules, regulations, orders or performance
standards 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.
14.2. Discipline is 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 less than three days that occurs within
12 months of the prior two suspensions, starting with date of
the first.
No Employee shall be subject to major discipline without first being afforded a pre-
determination conference with the City Manager. No pre-determination conference
shall be conducted with less than ten (10) calendar days'notice to the Employee.
MINOR: Written warning
Suspension without pay of three days or less.
14.3. 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 request review of the discipline by the City Manager provided it does
so before the ten (10) day time 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
{003306014614-11040201
24
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.
14.4 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.
(003306014614-1104020)
25
ARTICLE 1S PAYAND CLASSIFICATION
15.1 Effective 10/1/2019,the pay grades and corresponding salary ranges for bargaining
unit positions are attached as set forth in the 2019 Classification and Compensation
Study.
(003306014614-1104020)
26
ARTICLE 16 RESERVED
(003306014614-1104020}
27
ARTICLE 17 VACANCIES&TRANSFERS
17.1 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.
17.2 Final authority to fill a vacancy or approve a transfer is a managerial prerogative
reserved to the City Manager.
(003306014614-1104020)
28
ARTICLE 18 WORKING OUT OF CLASSIFICATION
18.1 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
{00330601 4 614-11040201
29
ARTICLE 19 UNIFORMS
19.1 The City will supply uniforms to employees required to wear them and in
accordance with the City's uniform policy. Employees are forbidden to wear City
uniforms during activities other than those directly related to their jobs. Employees
who start their work day dressed in an unclean uniform will be sent home for the
day without pay.
19.2 Public Services Department field personnel and Field Inspectors will be provided
with quality safety shoes (up to $300.00) annually by the City.
19.3 Uniforms are City property and must be returned to the City at separation.
(00330601 4614-1104020}
30
ARTICLE 20 SAFETY
20.1 Regular full time employees who complete the City's annual safety training program
shall receive one (1) safety bonus day to be used during the next fiscal year.20.2 The
City will provide access to two (2) additional computers and login information at the
Public Works Facility.
[00330601.4614-1104020}
31
ARTICLE 21 WORKERS COMPENSATION
21.1 An employee injured on the job is entitled to all rights and privileges accorded to
him/her under Chapter 440 of the Florida Statutes concerning workers
compensation
21.2 An employee absent from work due to a job related injury will receive full pay for a
period of two months following the date of the injury.A one month extension of full
pay may be granted with the approval of the City Manager or his/her designee. Full
pay shall consist of supplemental compensation, defined as the difference between
the employee's gross pay which the employee would otherwise receive and the
amount of the employee's weekly workers' compensation benefit. During this
period the employee is entitled to accrue all their normal benefits, including but not
limited to vacation time, sick time, and personal days. After two months, leave
accruals will cease. The City will maintain the employee on the City's health plan,
providing the employee continues to remit premium contributions timely. The
required premium contributions will be consistent with the level of contributions
being paid prior to the work related injury. Failure to pay premium contributions
will result in cancellation of coverage. After six months of job related absence, an
injured employee may be eligible for Social Security disability benefits. If disability
is approved under the Social Security Administration, the employee may apply for
disability under the City's pension plan and if approved,will be entitled to the same
level of health insurance benefit as retirees. However, if pension disability is not
approved after nine (9) months of job related absence, the injured employee will be
responsible for 50% of the dependent health insurance premium.
21.3 All members are required to report any and all accidents resulting in injuries, even
of a minor nature, to their immediate supervisor. Failure to do so may result in
jeopardizing their Workers' Compensation coverage. Intentional concealment of the
occurrence of a job related injury or provided false information regarding an injury
will result in termination of employment without consideration of progressive
discipline.
21.4 Nothing in this article will preclude the injured employee from using accrued sick or
vacation time during his/her absence, providing that such use combined with other
City supplemental income does not exceed 100% of the employee's regular
earnings.
21.5 Employees shall be required to cooperate in the treatment as prescribed by the
City's designated workers compensation physicians in order to obtain maximum
medical improvement or achieve recovery.
(003306014614-1104020)
32
ARTICLE 22 GROUP INSURANCE
22.1 Bargaining unit employee may participate in the insurance programs the City offer
to other City employees.
22.2 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.
22.3 The employee cost of insurance for the first year of this Agreement (fiscal year
2019-20) shall remain unchanged at 15% of cost of the option the employee selects.
Effective 10/1/2020 the employee cost will increase to 16% and remain at that rate
until modified by a subsequent Collective Bargaining Agreement.
22.4 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$50,000.
22.5 The existing policy regarding retiree health benefits shall be continued for all
employees on the payroll as of the effective date of this Agreement except that
employees who retire after the date of implementation of this agreement,
on reaching Medicare eligibility, shall be responsible to pay 100% of the cost of City
health insurance coverage if they elect to continue City coverage.
{00330601 4 614-1104020)
33
ARTICLE 23 SICK LEAVE
23.1 Employees will accrue sick leave at the rate of eight (8) hours per month up to a
maximum of 480 hours. After the maximum accumulation of 480 hours, the City
shall liquidate excess hours and shall pay employees on an annual basis at their
present base hourly rate.
23.2 Employees who were on the payroll as of September 30, 2012 will be paid out for
sick leave as follows:
A. all employees hired before January 1, 1995 will be paid 100% of their sick time
accruals at time of termination.
B. all employees hired on or after October 1, 2012 will be eligible to receive only
fifty percent(50%) of sick time accruals at time of resignation or retirement.
23.3 Sick leave may not be"bought back"
23.4 Employees terminated for cause forfeit payout of all accrued sick hours.
1003306014614-11040201
34
ARTICLE 24 LEAVES OF ABSENCE
24.1 Leave of absence without pay for a period not to exceed thirty (30) days may be
granted for any reasonable purpose by the City Manager or his designee. Such leave
may be renewed or extended for any reasonable purpose so long as it does not
hamper the efficient operation of the City and/or Department. The City Manager
will have final approval of leave of absences.
24.2 Any employee member who is on authorized leave of not more than thirty (30) days
shall continue to maintain all non-paid benefits including seniority except for
extended military leave (as provided by Federal Law).
24.3 Any employee who is a member of the National Guard or Military Reserve Forces of
the United States and who is ordered by the appropriate authorities to attend a
prescribed training program or to perform other duties, shall be granted a leave in
accordance with Federal and State statutes at full pay,but must turn over to the City
the amount of compensation earned during this leave of absence.
24.4 Additional leaves of absence will be subject to state and federal law.
(003306014614-1104020)
35
ARTICLE 25 JURY DUTY
25.1 An employee who is legally summoned to serve on a jury shall be granted paid leave
in accordance with Broward County Code section 1-9 as shown below, provided
such leave is reported in advance to the Department Head and the employee
provides documentation to Human Resources. In order to receive full pay for such
leave,the employee must remit payment received through the judicial system to the
Finance Department however,the employee shall retain any compensation received
from the courts in connection with travel or expenses incurred.
25.2 If excused and/or released from jury duty, the employee should report for his/her
regular employment, provided, however, that at least four (4) hours remain during
the regular workday including travel time.
BROWARD COUNTY ORDINANCE- CHAPTER ONE-SECTION 1-9
Sec. 1-9. Compensation by employers to employees forjury service.
(a) This section shall be applicable to and govern all employers located or doing
business within Broward County who have employees summoned to jury service within
Broward County.
(b) No employer shall withhold wages or salary from a full-time employee summoned
to jury service because of the employee's absence from work on any day that the
employee, reports for jury duty, or serves as a juror or on a venire panel for a period
not to exceed five (5) working days, provided that the employee gives a copy of the
summons to his or her immediate supervisor within five (5) working days prior to the
commencement of his or her jury service and provided further that the employer can
deny or withhold from the employee's usual wages or salary an amount equal to the
statutory fees to which the employee is entitled for performing jury service or
otherwise. This subsection includes a full-time employee whose regular work schedule
does not fall within the daily time period for jury service. The full-time employee shall
be excused from work by the employer during each day the employee provides jury
service, regardless of the regularly scheduled time such employee reports to work, and
shall be compensated by the employer as provided for in this subsection.
(c) Definitions. As used in this Section 1-9, the following terms shall have the
meanings respectively ascribed:
(1) Full-time employee shall mean an individual employed by an employer and
regularly scheduled to work at least thirty-five(35) hours per week
(2) jury service shall mean being summoned and reporting for jury service as well as
actual service on a jury, or summoned to sit on a venire panel.
100330601.4614-1104020)
36
(3) Wages or salary shall mean the employee's regular salary, draw, or
compensation, but does not include commissions, overtime pay, or compensation for
more than eight(8)working hours per day.
(d) Any person in violation of this section shall be punished as provided by law.
(Ord. No. 86-55,§§1-3, 10-14-86; Ord. No. 89-54,§1, 12-12-89; Ord. No. 2002-63, § 1,
12-10-02)
[003306014614-1104020)
37
ARTICLE 26 BEREAVEMENT LEAVE
26.1 On the death of an immediate family member, the employee will be granted
immediate time-off with pay,not to exceed five days.
26.2 The term "immediate family", means an employee's spouse, child, parent, parent-in-
law, sibling, step-child, grandparent, step-parent, step-sibling, half-sibling, sibling-
in-law, child-in-law, grandchild, step-grandchild or partner registered under the
Broward County Domestic Partnership Ordinance. In the event of divorce,
bereavement leave shall apply to the aforementioned individuals.
26.3 Bereavement pay will be subject to the review of the Department Director, and only
those days actually needed by the employee will be granted. Requests for
bereavement leave will not be unreasonably denied.
26.4 In the event of the death of a relative not specified herein, the Department Director
may authorize sick leave with pay at his discretion and with the approval of the
Human Resource Director.
{00330601.4614-1104020}
38
ARTICLE 27 PERSONAL DAY
27.1 Employees covered by this contract shall be entitled to three personal days per
calendar year in addition to posted holidays. Department head approval will be
required for date of use.
27.2 Any personal days not used within the calendar year will be lost.
27.3 For the first year of employment, regular full time employees hired on or before
March 1,will be entitled to three (3 ) personal days. Employees hired March 2 thru
May 31 will be entitled to two (2) personal days. Employees hired June 1 through
September 30 will be entitled to one (1) personal day, Employees hired October 1 or
later will not be entitled to a personal day this calendar year.
[00330601.4614-11040201
39
ARTICLE 28 HOLIDAYS
28.1 The following paid holidays will be observed:
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
28.2 The Employee must work the day before and after the holiday to be paid for the
holiday.
28.3 Holiday pay will be paid in the pay period in which the holiday occurs and may not
be"banked"or converted to any other paid leave.
28.4 An employee who works on a City designated holiday will be paid 1 Y2 their regular
rate of pay for hours worked on the holiday plus their holiday pay.
28.5 An employee who is called out on a holiday will not receive call out pay but will be
paid 1 Y2 their regular rate of pay for hours worked with a minimum of three (3)
hours.
{00330601 4 614-1104020)
40
ARTICLE 29 VACATIONS
29.1 Vacation Leave.
Regularly employed full time employees (including Fire Department clerical personnel)
shall accrue paid vacation leave each pay period be in accordance with the following
schedule:
REGULAR FULL TIME EMPLOYMENT
Year 1 to year 5 3.08 hours per period (=2 weeks per year)
More than 5 years but less than 12 years 4.62 hours per period (=3 weeks per year)
More than 12 years 6.15 hours per period (=4 weeks per year)
In computing vacation leave earned, only those months shall be counted during which an
employee has worked three quarters or more of their regular work days.
Vacation leave shall accrue from date of employment,but may not be granted in advance of
being actually earned. Vacation may be taken at any time, subject to the approval of the
department head who shall schedule vacations so as to meet the operating requirements of
the department. Employees may accrue vacation leave up to a maximum of the leave
earned in two calendar years.
In the event an employee has been denied vacation by their supervisor and as a
consequence has been unable to take advantage of vacation leave as earned, the City will
"buy back" vacation or comp time that exceeds the maximum accrual to prevent the loss of
earned vacation leave.
All employees have the option to convert up to 40 hours of accrued vacation leave to cash
each calendar year, contingent on fund availability.
Vacation leave may be used to supplement sick leave due to sickness or injury only after
sick leave has been fully exhausted.
Regular employees and the aforesaid part-time employees shall, upon leaving the City's
service in good standing (i.e. not terminated for cause), be compensated for vacation leave
accrued up to the date of separation at 100%.
t00330601.4 614-1104020)
41
ARTICLE 30 COMPENSATION FOR USE OF PERSONAL VEHICLE
30.1 Employees cannot use their personal vehicles for work.
[00330601.4614-1104020}
42
ARTICLE 31 EDUCATIONAL INCENTIVE
31.1 The City will provide non-probationary employees covered by this agreement
college tuition educational assistance. This assistance will be limited to nine credit
hours and $250 toward course required books, per semester. Programs available
for reimbursement must be job related as determined by the Department Director
31.2 The employee must complete the City's Educational Assistance Form prior to
registration to be eligible for reimbursement. The request must be approved by the
Department Director, Human Resource Director, Finance Director and City Manager.
31.3 To be eligible for reimbursement, the employee must obtain a grade of"C" or better
for each course and provide appropriate receipts and documentation.
31.4 If the employee separates from the City within two (2) years, they will be required
to reimburse the City for all educational assistance received within that particular
year. The City reserves the right to deduct reimbursements from any monies due to
the employee from the City, including but not limited to wages, severance, and cash
value of any unused vacation or leave time.
31.5 Active participants in the DROP plan are not eligible for tuition reimbursement.
31.6 Employees will receive a one-time $25 incentive regardless of the number of
courses completed,providing a passing grade is maintained in the course taken.
{003306014 614-1104020}
43
ARTICLE 32 PENSION-RETIREE BENEFITS
32.1 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
(003306014614-1104020}
44
ARTICLE 33 SENIORITY
33.1 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.
33.2 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.
33.3 Departmental seniority is defined as the length of employment within the
employee's current department.
33.4 Classification seniority is defined as the length of employment within the
employee's current classification.
33.5 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.
33.6 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.
33.7 Departmental seniority will be given first consideration in hours of work, shift
assignment,vacation if qualified, overtime, subject to approval of department head.
[003306014614-1104020}
45
ARTICLE 34 SAVINGS CLAUSE
34.1 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.
34.2 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.
(003306014614-1104020}
46
ARTICLE 35 WAGES
In addition to the wage increase resulting from the 10/1/2019 implementation of the
Classification and Compensation Study, employees will receive the following wage
increases during the term of the Agreement.
Year One (10/1/2019-9/30/2020)
2.5%base wage increase the first pay period following ratification.
Year Two (10/1/2020-9/30/2021)
3%base wage increase 10/2/2020
Year Three (10/1/2021-9/30/2022)
4%base wage increase 10/1/2021
There are no additional base wage increases, except those resulting from promotion, after
September 30, 2022 unless agreed to by the parties and reflected in a successor collective
bargaining agreement.
f00330601 4 614-1104020)
47
ARTICLE 36 CROSS TRAINING
36.1 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.
36.2 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.
[00330601.4614-1104020}
48
ARTICLE 37 LAY-OFF AND BUMPING
37.1 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.
37.2 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.
37.3 The employer shall forward a list of those employees being laid off to the Local
Union when the notices are issued to the employees.
37.4 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.
37.5 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 he bumps, 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.
37.6 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,he shall be considered to have quit.
37.7 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 agreed to return to work have been recalled in the same
classification. Probationary employees have no recall rights.
37.8 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.
J00330601 4 614-1104020)
49
ARTICLE 38 PART-TIME EMPLOYEES
38.1 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.
38.2 It is the position of the City to formally recognize part-time employees as members
of the unit. Any and all agreed upon wage adjustments throughout the current
contract year will be enjoyed by both full-time and part-time employees. The City
and the Union agree that fringe benefits (if any) provided to part time employees,
including but not limited to, health insurance, education incentive, and pension will
be determined by City policy and not subject to the provisions of this agreement.
Temporary employees shall earn no benefits except as required by applicable state
or federal law.
f00330601 4 614-1104020)
50
ARTICLE 39 DRUG FREE AND ALCOHOL FREEWORKPLACE POLICY
39.1 The standards,practices and procedures set forth in the City's Drug Free Workplace,
attached as Appendix"B",apply to all bargaining unit employees.
39.2 An Employee who is issued a Medical Marijuana Identification Card by the State of
Florida or any other State shall submit a copy of the card to the Human Resource
Office within thirty (30) of ratification of this agreement or when first issued if
issued after ratification, whichever comes first. Notwithstanding the employee's
right to use Medical Marijuana when legally prescribed, an employee may not work
if such use impairs the customary job duties of the employee.
39.3 An employee may not possess or use CBD products which contain THC while on or
within City property (including vehicles and equipment) and may not work
following the use of CBD products which contain THC if such use impairs the
customary job duties of the employee.
(003306014 614-1104020}
S1
ARTICLE 40 LABOR MANAGEMENT COMMITTEE
40.1 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.
40.2 This Committee will meet quarterly,or upon request of either party.
(003306014614-1104020)
52
ARTICLE 41 TERM OF AGREEMENT
41.1 The Agreement shall take effect the first pay period following ratification and
continue in force until September 30, 2022. There are no monetary adjustments
resulting from this agreement that will be applied retroactively.
[003306014614-1104020)
53
i
SIGNATURE PAGE
i
CITY DANIA BEAC
City Manager
i
Date
AFSCME FLORIDA COUNCIL 79,AFL-CIO LOCAL 3535
Vice president
ounLj
Date t
1
ATTEST:
City Clerk
(
Ratified by the Collective Bargaining unit on
Ratified by the City Commission on
(00330601.3 614-1104020)
54
APPENDIX"A"
BUDGETED POSITION 8/21/19
Administrative Assistant
Administrative Specialist I
Administrative Specialist II
Administrative Technician
Assistant,Accounting
Assistant, Recreation
Associate, Planning
Caretaker, Cemetery
Coordinator I, Inspection
Coordinator II, Code Compliance
Coordinator II, Community Development Administration
Coordinator II, Parks &Rec.Administration
Coordinator II, Permitting
Coordinator III, Revenue
Coordinator III, Special Permitting
Landscape Crew Leader
Enforcement Officer, Parking
Equipment Operator I
Equipment Operator II
Equipment Operator III
Lifeguard, Beach
Maintenance Worker I, Landscape
Maintenance Worker II, Landscape
Mechanic I,Irrigation
Mechanic II, Fleet
Officer, Code Compliance
Operator-B,Treatment Plant
Operator-C,Treatment Plant
Park Custodian
Parks Maintenance Worker
Service Worker II,Utilities
Service Worker III,Utilities
Specialist, Permit Services
Specialist, Records
Specialist,Utility Billing
Technician, Facilities Maintenance
Technician, Utility Customer Service
1003306014614-1104020}
55
APPENDIX"B"
DRUG AND ALCOHOL FREE WORKPLACE POLICY
GENERAL POLICY STATEMENT
It is the responsibility of the City of Dania Beach to hold its employees to the highest
standards, and the concern and well-being of our employees are of the utmost importance.
Therefore,this policy declares the City of Dania Beach a drug-free workplace. This policy is
in compliance with Section 112.0455, Florida Statutes (the Florida Drug Free Workplace
Act).
This policy addresses legal and illegal use of drugs, penalties/repercussions, rehabilitation
availability,and conditions for violation.
Taking or being under the influence of any controlled substance or intoxicant, with or
without a prescription, during work hours is prohibited. This prohibition includes, but is
not limited to, medical marijuana, prescription opioids, sedatives, or any other controlled
substance. Employee may not manufacture, distribute, dispense, possess, or use controlled
substances in the workplace.
The use of any legally obtained medication/substance, to the point where such use
adversely affects the employee's job performance,is prohibited.An Employee who is issued
a Medical Marijuana Identification Card by the State of Florida or any other State shall
submit a copy of the card to Human Resources within 48 hours after the Medical Marijuana
Identification Card is issued. Notwithstanding the employee's right to use Medical
Marijuana when legally prescribed, an employee may not work if the use of Marijuana
impairs the customary job duties of the employee.
The use of alcoholic beverages during working hours; prior to beginning a shift; or while
operating a City of Dania Beach vehicle or equipment,is strictly prohibited.
The use or possession of any illegal drugs, including those prescription drugs not legally
obtained, is strictly prohibited and employees will be subjected to disciplinary action which
may include immediate dismissal.
Drug testing is also conducted on applicants who will hold a position that is considered
"mandatory-testing positions" pursuant to Section 110.1127, Florida Statutes. These
positions are:
• Those who will be performing life-threating procedures,e.g.lifeguards
• Those who work with heavy or dangerous machinery e.g.requiring a CDL license
• Those who work as a safety inspector,and
• Those who work with children e.g. Recreation Assistants
Reasonable Accommodation: Any employee who requires an exception to the policy,
should contact the Human Resources Director to discuss reasonable accommodation. The
City recognizes that substance abuse is a problem on the job for all of us, as well as a social
problem. The City believes that the abuse of alcohol and use of illegal drugs endangers the
health and safety of the abusers and all others around them. It also leads to decreased
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productivity, high turnover, and decreased morale. Therefore, the City has committed to
creating and maintaining a drug-free workplace.
DEFINITIONS
Legal Drug includes prescribed drugs and over-the-counter drugs which have been legally
obtained and are being used solely for the purpose for which they were prescribed or
manufactured.
Illegal Drug includes any drug (a) which is not legally obtainable; (b) which may be legally
obtainable but has not been legally obtained; (c) which is being used in a manner or for a
purpose other than as prescribed. NOTE: Nothing in this Policy precludes the appropriate
use of legally prescribed and over-the-counter medication.
Mandatory-testing position means a job assignment that requires the employee to carry a
firearm, work closely with an employee who carries a firearm, perform life threatening
procedures, work with heavy or dangerous machinery, work as a safety inspector, work
with children, work with detainees in the correctional system, work with confidential
information or documents pertaining to criminal investigations, work with controlled
substances, or a job assignment that requires an employee security background check
pursuant to section 110.1127, Florida Statutes, or a job assignment in which a momentary
lapse in attention could result in injury or death to another person.
Special-risk position means a position that is required to be filled by a person who is
certified under chapter 633 (Fire Prevention and Control) or chapter 943 (Law
Enforcement) of the Florida Statutes.
PRE-EMPLOYMENT TESTING
With respect to safety-sensitive and/or special risk positions, all offers of employment are
conditioned on the applicant's taking and passing a screening test for evidence of improper
drug use and the presence of alcohol.
Applicants will be required to voluntarily submit to a test at a laboratory chosen by the
City, and sign an agreement releasing the City from liability in connection with the test.
No applicant for employment who is currently alcohol and drug-free will be denied
employment or otherwise discriminated against solely because of such individual's prior
abuse of alcohol or drugs, prior treatment for alcohol or drug abuse, or status as a
recovering alcoholic or drug addict. It is the current abuse of drugs or alcohol which
prevents employees from properly performing their jobs that the City will not tolerate.
With respect to safety-sensitive and/or special risk positions, any applicant who tests
positive or who refuses to undergo testing will not be employed by the City and may not
reapply for at least 180 days.
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ACTIVE EMPLOYEE TESTING
A. Reasonable Suspicion Testing. Employees will be required to submit to drug
and/or alcohol testing at a laboratory chosen by the City if there is reasonable suspicion of
substance abuse. Circumstances that could be indicators of a substance abuse problem and
considered reasonable suspicion are.
• Direct observation of alcohol or drug abuse during work hours or on City premises.
• Apparent physical symptoms of being under the influence of a drug or alcohol.
• Significant deterioration of work performance that is not attributable to other
factors.
• Abnormal conduct or erratic behavior while at work.
• A report of drug use,provided by a reliable and credible source.
• Evidence that an individual has tampered with a drug test during their employment
with the City of Dania Beach;
• Information that an employee has caused, contributed to, or been involved in an
accident or injury while at work; or
• Evidence that an employee has used, possessed, sold, solicited, or transferred drugs
while working or while on Dania Beach's premises or while operating a City of Dania
Beach vehicle, machinery, or equipment.
If, in the opinion of a supervisor,manager or Department Head, reasonable suspicion exists
to believe that any employee may be abusing or under the influence of illegal drugs or
alcohol, the supervisor, manager or Department Head must promptly notify the Human
Resources Department and submit in writing the circumstances leading to the conclusion
that reasonable suspicion testing is justified. The Human Resources Department, in
conjunction with the applicable employee's management, will make the determination on
whether to request the employee to submit to a drug test.
Upon request, a copy of any documentation concerning the basis for the reasonable
suspicion testing will be provided to the employee. Documentation regarding the
conclusion that reasonable suspicion testing is justified and any related conversations
between management and the Human Resources Department shall be kept confidential to
the extent possible.
Nothing herein shall prevent the City from immediately terminating any employee selling
or otherwise soliciting illegal drugs or providing or selling alcohol to any other person
during working hours. upon a report by the supervisor, manager or Department Head to
the City Manager or Human Resources.
The City also reserves the right to ask any employee to submit to drug testing under the
following conditions:
B. Fitness for Duty. An employee may be required to submit to a drug test as part of
routinely scheduled employee fitness-for-duty medical examination.
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C. Post Accident or InjurX. All employees are subject to drug and/or alcohol testing
after a work-related vehicular accident, after an accident or injury involving a City-owned
vehicle, and after an accident or injury which causes injury to the employee or to any other
person or damage to any property. Employees who are off duty and are involved in a
vehicular accident or injury involving a City owned vehicle shall immediately submit to
drug and/or alcohol screening.
If,because of the accident,an employee is unable to submit to drug testing immediately,the
employee will authorize the release of any medical reports or documentation regarding the
presence of illegal drugs or alcohol in the employee's body at the time of the accident to the
Medical Review Officer. Refusal to agree to this release will result in termination of the
employee.
D. Random Drug Testing. The City may conduct random drug testing of all employees
occupying safety-sensitive and special-risk positions. A random drug test will not be
announced in advance.
E. Follow-Up Drug Testing. As a condition of continued employment, all employees
who were referred to the Employee Assistance Program or who enrolled in a drug or
alcohol abuse program shall take follow-up drug and/or alcohol tests on a random,
periodic basis for at least two (2) years after the referral or enrollment. This testing is only
applicable to those employees who report their abuse prior to being asked to take a test.
The City reserves the right to waive follow-up testing in the event an employee voluntarily
submits to an Employee Assistance Program or drug or alcohol abuse program.
Failure to submit to the required drug test is grounds for discharge or suspension without
pay from employment.
DRUG AND ALCOHOL TESTING OF COMMERCIAL MOTOR VEHICLE DRIVERS
In addition to the policies and procedures set forth above, any City employees connected
with the operation of commercial motor vehicles who are subject to drug and alcohol
testing as required by the Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C.
App. §§ 2714-2717 (1993), and by all applicable procedures and regulations promulgated
by the Department of Transportation and the Federal Highway Administration, as well as
any additional policy adopted by the City pursuant to those federal laws and regulations. In
cases where the requirements of both federal and state drug and alcohol laws and
regulations and/or the City's Drug-Free Workplace Policy may be applicable, the
requirements of federal drug and alcohol laws and regulations will control if a conflict
arises between federal law and regulations and the requirements of state law or the City's
Drug-Free Workplace Policy.
POSSESSION OR ILLEGAL DRUGS AND ALCOHOL ON PREMISES
An employee who possesses, uses, distributes, or sells illegal drugs or alcohol while
working or while on City property, including the parking lots, even if off duty, is subject to
corrective action, which may include termination from employment, even for the first
offense.
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POSITIVE DRUG TEST RESULTS
Any employee or job applicant who receives a positive confirmed drug test result may
contest or explain the results to the Medical Review Officer within five (5) working days
after written notification of the positive test results. If an employee's or job applicant's
explanation or challenge is unsatisfactory to the Medical Review Officer, the Medical
Review Officer shall report a positive test result back to the City. The employee or job
applicant may contest the drug test pursuant to Florida law or to rules adopted by the
Agency for Health Care Administration.
LOSS OF WORKERS'COMPENSATION BENEFITS
If an employee is injured in the scope of their employment and drug tests or other medical
evidence indicates the presence of illegal drugs or alcohol in the employee's body at the
time of the accident, the employee may be required to forfeit any medical or other benefits
available under the Florida Workers' Compensation Statute (section 440.101 (2), Florida
Statutes). This penalty is in addition to any other penalties that might apply either under
this policy or under applicable law.
CONFIDENTIALITY STATEMENT
All information, interview, reports, statements, memoranda and drug-free test results
through the City's drug testing program will not be made part of any personnel records and
will be treated as confidential to the extent required by law, except as consented to by the
employee or applicant, or if placed at issue by the employee in any legal, administrative or
other proceeding to determine compensability of a workers'compensation claim.
Medical and insurance records, if any, shall be preserved in the same confidential manner
as all other medical records. Program participation records shall be maintained by the
Director of Human Resources.
USE OF PRESCRIPTION AND NON-PRESCRIPTION MEDICATIONS
All employees or applicants may consult with the testing laboratory or the Medical Review
Officer for technical information regarding the effects of prescription and non-prescription
medications on drug testing.
Each tested individual shall report, on a confidential basis to the Medical Review Officer,
the use of prescription or non-prescription medications both before and after being tested.
A form will be provided to each individual to list such medications. This form should only
be filled out at the collection facility, not at the City.Additionally, such medications may be
disclosed orally to the Medical Review Officer after being tested, if contacted by the Medical
Review Officer.
The individual must not disclose such medications or provide the form requesting such
information to any City employee.
The Company has provided at the end of this Policy a list of the most common medications
by brand, common and,if applicable, chemical name,which may alter or affect a drug test.
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CONSEQUENCES OF REFUSING A DRUG TEST OR TREATMENT
A. Refusal To Cooperate - Job Applicants. Any person receiving a conditional offer of
employment who refuses to submit to drug and alcohol testing, or who provides a false
sample, or alters, adulterates, taints, tampers, or otherwise interferes with drug testing
collection,samples,or analysis is immediately disqualified from employment by the City.
B. Refusal To Cooperate - Employees. Any employee who refuses to submit to drug
and alcohol testing when required will be terminated from employment. Any employee
who provides a false sample, or alters, adulterates, taints, tampers, or otherwise interferes
with drug testing collection, samples, or analysis, will be immediately terminated from
employment.
C. Refusal To Accept Treatment Or Failure To Rehabilitate. Any employee who
rejects a treatment program offered through the Employee Assistance Program, or who
leaves a treatment program prior to being properly discharged by the program will be
immediately terminated from employment with the City. This sanction applies regardless
of whether the City referred the employee to the treatment program or Employee
Assistance Program or whether the employee voluntarily sought treatment.
D. Participation in Employee Assistance or Rehabilitation Program. The City wishes
to make every effort to rehabilitate its employees who may be experiencing drug or alcohol
problems. To this end,the City will not retaliate in any manner against an employee who is
referred to an Employee Assistance Program (EAP) or treatment program, or who
voluntarily refers him or herself to the Employee Assistance Program or submits to
treatment in a drug or alcohol abuse program. Use of the Employee Assistance Program is
the employee's full financial responsibility.
EMPLOYEE ASSISTANCE PROGRAMS AND LOCAL DRUG REHABILITATION PROGRAMS
The following "crisis information centers" will provide information regarding employee
assistance programs and local alcohol and drug rehabilitation programs available to
employees:
Broward County
Crisis Information Line
(954) 537-0211
Other available resources include:
1-800-344-2666 Al-Anon
1-800-527-5344 American Commission on Alcoholism
1-800-622-2255 National Commission on Alcoholism
1-800-662-HELP Substance Abuse and Mental Health Services
Administration
1-800-967-5752 Drug-Free Workplace Helpline
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Employees may obtain further information regarding available drug and alcohol assistance
and rehabilitation by contacting the Director of Human Resources or the City's Employee
Assistance Program.
DUTY TO NOTIFY LABORATORY OF LEGAL ACTION CONCERNING TEST RESULTS
It is each applicant's or employee's responsibility to notify the City and the Drug Testing
laboratory of any administrative or civil action brought pursuant to section 440.101,
Florida Statutes.
Employees and applicants should review any applicable collective bargaining agreements
or contracts for additional information on their rights. Florida employees may have a right
to appeal to Florida's Public Employees Relations Commission or applicable court for
violations of Florida's Drug-Free Workplace Program.
DRUG TESTING INFORMATION
The City may test for one or more of the following drugs:
Alcohol (beer,wine,booze,liquor,etc.)
Amphetamines (speed,eve,biphetamine, desoxyn dexedrine,etc.)
Cannabinoids (marijuana, hashish, hash, hash oil, pot, joint, reefer, roach, spleaf, grass,
weed,etc.)
Cocaine (coke,blow, snow,flake,crack, etc.)
Phencyclidine (PCP,angel dust,hog, etc.)
Hallucinogens (LSD,acid,mushrooms,shrooms, etc.)
Methaqualone (quaaludes,ludes,etc.)
Opiates (heroin, codeine,morphine, opium, Dover's powder,paregoric,parepectolin,etc.)
Barbiturates (phenobarbital,butabarbital,secobarbital,tuinal, amytal, etc.)
Benzodiazepine (librium, valium, ativan, azene, clonopin, dalmone, diozepam, halcion,
poxipam, restoril,serax,transene,vertron,xanax, etc.)
Synthetic narcotics,including Methadone (dolophine,methadose, etc.)
Propoxyphene (designer drugs [ecstasy], etc.);
Hallucinogens (LSD, acid, mushrooms, etc.); and
The metabolite of any of the substances listed in this paragraph.
The City reserves the right to expand or otherwise modify the number or types of drugs tested
at any time. The City will provide employees and the union with sixty(60) days written notice
of any expansion or modification of the drugs tested under this Policy.
REHABILITATION PROCEDURES FOR MANDATORY-TESTING AND SPECIAL-RISK
POSITIONS
An employee in a mandatory-testing position who enters a voluntary substance abuse
rehabilitation program shall be assigned to a position other than a mandatory-testing
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position,or if such a position is not available, shall be placed on a leave of absence while the
employee is participating in the program. The employee shall be required to use their
accrued paid leave time during any approved leave.
An employee in a special-risk position shall be discharged for the first positive confirmed
test result if the drug confirmed is an illicit drug under Section 893.03, Florida Statutes. A
special-risk employee who is participating in a substance abuse program shall not be
allowed to continue to work in a mandatory-testing or special-risk position, but (if
available) may be assigned to a position other than a mandatory-testing position or placed
on leave while the employee is participating in the program. The employee may be eligible
for a leave of absence while participating in the program. The employee shall be required
to use their accrued paid leave time during any approved leave.
EMPLOYEE RESPONSIBILITIES
An employee who voluntarily, or as a condition of continued employment, enters a drug or
alcohol treatment and/or rehabilitation program must participate and complete
recommended treatment. Any employee who enters a drug or alcohol treatment and/or
rehabilitation program shall be responsible for payment for the treatment and/or program
to the extent not covered by medical insurance provided by the City of Dania Beach. If the
employee fails to comply with the treatment and/or the program, the employee shall be
terminated.
An employee who is arrested shall report their arrest to the Human Resources Department
no later than the start of their next work day.
An employee who is required to operate a motor vehicle or any powered equipment who
has their driver's license suspended shall notify the Human Resources Department prior to
the start of the employee's next work day.
Employees shall notify the Human Resources Director of any drug or alcohol related
criminal charges prior to the start of the employee's next work day. Arrest for a drug or
alcohol offense shall be considered Reasonable Suspicion allowing the City to test the
arrested employee for the presence of alcohol or illegal drugs.
Employees in positions which require driving a City of Dania Beach vehicle or personal
vehicle on Dania Beach business shall notify the Human Resources Director of any alcohol
or drug related arrest (e.g., including but not limited to Driving While Under the Influence)
prior to the start of the employee's next work day.
Employees are also required to notify the Human Resources Director of the outcome of all
criminal drug statute or alcohol related criminal charges no later than five days after any
change in status, including the notification of a conviction, a plea of guilty, an adjudication
of guilt, a plea of nolo contendere, an adjudication withheld, an acquittal or a dismissal of
the charges. A failure to report a drug or alcohol conviction to the City within the
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applicable time periods will result in immediate termination of the employee, unless good
cause exists for the employee's failure to report the conviction to the City.
The City shall take appropriate action with respect to an employee who is charged or
convicted of a violation of a criminal drug statute or alcohol related offense, which action
may include transfer to a non-safety sensitive or non-special risk position and/or
corrective action,up to and including termination from employment.
OVER THE COUNTER AND PRESCRIPTION DRUGS WHICH COULD ALTER OR AFFECT THE
OUTCOME OF A DRUG TEST
A list of some of the common medications by brand name or common name, and if
applicable, chemical name, which may alter or affect a drug test, are listed below. Due to
the large number of brand names and the marketing of new products, this list is not all-
inclusive. Employees and job applicants should review this list prior to submitting to a
drug test.
Alcohol: All liquid medications containing ethyl alcohol (ethanol). Please read the label for
alcohol content. As an example, Vick's Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is
20% (40 proof), Contact Severe Cold Formula Night Strength is 25% (50 proof) and
Listerine is 26.9% (54 proof).
Amphetamines: Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex
Cannabinoids: Marinol (Dronabinol,THC)
Cocaine: Cocaine HCI topical solution (Roxanne)
Phencyclidine: Not legal by prescription
Methaqualone: Not legal by prescription
Opiates: Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin
with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC,
Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), CS Contin and
Roxanol (morphine sulfate), Percodan,Vicodin,Tussi-Organidin,etc.
Barbiturates: Phenobarbital, Tuinal,Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet,
Esgic, Butisol, Mebaral, Butabarbital, Butabital, Phrenilin,Triad, etc.
Benzodiazepines: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax,
Tranxene,Valium,Verstran, Halcion, Paxipam, Restoril,Centrax.
Methadone: Dolophine, Methadose
Propoxyl2hene: Darvocet, Darvon N, Dolene,etc.
Brand Name Generic Name
Anusol Suppos Hemorrhoidal Inserts
Anusol Suppos HC Hemorrhoidal Inserts HC
Aristocort Cr. Oint./Kenalog Triamcinolone
Atarax Hydroxyzine HCL
Bactrim/Septra Trimenthoprim,Sulfamethoxazole
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Benadryl Diphenhydramine
Betadine Oint./Efodine Povidone Iodine Oint.
Betalin-S Thiamine
Cardizem Diltiazem
Calan/Isoptin Verapamil
Colace Docusate Sodium
Compazine Prochlorperazine
Decadron/Hexadrol Dexamethasone
Demerol Meperidine
Diabeta/Micronase Glyburide
Dramamine Dimenhydrinate
Dulcolax Bisacodyl
Ecotrinq Enteric Coated Aspirin
Elavil/Endep Amitriptyline
Erythrocin Erythromycin Stearate
Esidrix/Hydrodiuril Hydrochlorothiazide
Isoptin/Calan Verapamil
Isordil Isosorbide Dinitrate
Kayexalate Polystyrens Sulfonate Sodium
Kenalog cr/oint./Aristocort Triamcinolone
K-lor Potassium Chloride 20meg Powder
Larotid Amoxicillin
Lasix Furosemide
Lomotil Diphenoxylate,Atropine
Micronase/Diabeta Glyburide
Motrin/Rufen Ibuprofen
M.S. Morphine Sulfate
Mycolog/Mytrex Nystatin, Neomycin, Gramicidin,Triamcinolone
Mycostatin/Nilstat Nystatin
Nilstat/Mycostatin Nystatin
Nipride Nitroprusside
Noctec Chloral Hydrate
Normodyne-Trandate Labetalol Hydrochloride
Norpramine/Pertrofane Desipramine
Parafon Forte Chlorzoxazone,Acetaminophen
Pen VK/V-Cillin K Penicillin VK
Peri-Colace Docusate Sodium, Casanthranol
Persantine Dipyridamole
Pertrofana/Norpramine Desipramine
Phenergan Promethazine
Pitocin Oxytocin
Polycillin Ampicillin
Procardia Nifedipine
Pronestyl Procainamide
Prostaphlin Oxacillin
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Proventil/Vantolin Albuterol
Pyridium Phenazopyridine
Robaxin Methocarbamol
Robinul Glycopyrrolate
Rufin/Motrin Ibuprofen
Septra/Bactrim Trimethoprim/Sulfamethoxazole
Solu-Medrol Methlyprednisolone
Soma Carisoprodol
Sumycin Tetracycline
Surfak Docusate Calcium 240 mg.
Tambocor Flecainide
Therogran Theraputic Multivitamin
Theragran-M Theraputic Multivitamin with Minerals
Theragran Hematinic Theraputic Hematinic Vitamin
Thorazine Chlorpromazine
Tonocard Tocainida Hydrochloride
Urscholina/Duvold Bethanechol
Valium Diazepam
Vibramycin Doxycycline
Vistarll Injection Hydroxyzine HCI
Vistarll Capsules Hydroxyzine Pamoate
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APPENDIX"C"
STANDARDS OF CONDUCT
CONFLICT OF INTEREST
The City expects its employees to adhere to the highest ethical standards of conduct in
performing their duties and to devote their best efforts to the interests of the City and its
residents.Activities and dealings by employees that appear to create a conflict between the
City and the employee are unacceptable. The City recognizes that employees can engage in
activities outside of their employment which are private in nature and unrelated to the
City's operations. However, no officer or employee of the City shall have any interest
(financial or otherwise, direct or indirect), engage in any business transaction or
professional or personal activity, or incur any obligation of any nature,which conflicts with
the proper discharge of the employee's duties in the public interest, or which violates the
State of Florida Code of Ethics for Public Officers and Employees (Chapter 112, Florida
Statutes), the Broward county Conflict of Interest and Code of Ethics Ordinance or the City
of Dania Beach Code of Ethics (Ordinance #2012-16).
An employee must disclose any possible conflicts to the City Manager, the Human
Resources Director, or the employee's Department Head. If an employee has any question
whether an activity or proposed activity would create a conflict of interest, they should
immediately contact the City Manager, Human Resources Director, or the employee's
Department Head.
Because of the potential for a conflict of interest, an employee must disclose if they are a
board member or holds a leadership position with any condominium association or
homeowners association for a community located within the City of Dania Beach.
Employees are prohibited from meeting with any person required to register as a lobbyist
pursuant to Section 2-11.1 of the Broward County Code without verifying that the person
has registered with the City of Dania Beach's City Clerk.
Violation of this policy will result in corrective action,up to and including termination from
employment.
CODE OF CONDUCT
High moral and ethical standards among public officials, both elected and appointed, and
public employees are essential to gain and maintain the confidence of the public. It is the
policy of the City of Dania Beach to maintain an ethical and accountable local government
which earns the public's full confidence for integrity. This policy governs the conduct of all
City employees.
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PROHIBITED BEHAVIORS
Each employee is responsible for their compliance with the City's policies and procedures
and applicable federal,state and local laws and regulations and will be held accountable for
any violations,including appropriate corrective action.
An employee found to have committed any of the below listed offenses will be subject to
appropriate disciplinary action,up to and including termination from employment. The list
below is illustrative,not exhaustive.
a. Conviction of a felony or other crime involving moral turpitude
b. Violation of the provisions of the Charter of the City of Dania Beach, the PPM,
or any other policy or procedure of the City of Dania Beach.
C. Act of incompetence or chronic inefficiency in the performance of assigned
duties.
d. Neglect of duty or loitering while on duty.
e. Insubordination.
f. Deliberate misuse, destruction, or damaging any City property or the
property of another employee.
g. Misappropriation, theft, conversion, or removal of any City funds, City
property, or the property of another employee without proper authorization.
h. Unauthorized possession of firearms, explosives or weapons on City property
in violation of the City's Workplace Violence policy.
i. Receipt of any gift, favor or benefit or engagement in any conduct, activity,
enterprise or outside employment that is inconsistent, incompatible or
immoral, or in legal or technical conflict with your duties, functions and
responsibilities as a City employee,or in violation of the City of Dania Beach's
Code of Ethics (Ordinance #2012-16), Broward County Conflict of Interest
and Code of Ethics Ordinance, or the State of Florida Code of Ethics for Public
Officers and Employees (Ch. 112, Florida Statutes).
j. Acts of employee showing lack of good moral character.
k. Unauthorized alteration of time records, failure to accurately record or
report time worked,and working overtime without prior authorization.
1. Absence without leave or failure to report for duty after an administrative
leave or suspension has expired; abandonment of position.
M. Making false claims or misrepresentations to obtain sickness, disability,
workers'compensation or any other benefits.
n. Dishonesty or untruthfulness.
o. Use or attempted use of political influence or bribery to secure an advantage
of any manner.
P. Tardiness and/or absenteeism in violation of the City's Attendance and
Punctuality policy.
q. Falsifying personnel or other City records, including, but not limited to,
employment applications, accident records, work records, purchase orders,
time and attendance records,or any other report,record or application.
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r. Failure or refusal to carry out instructions.
S. Refusal to testify before a judicial proceeding or any other investigating
committee concerning a matter within the scope of the employee's job duties
(except as permitted by law).
t. Having been refused a surety bond, if required for employment.
U. Failure to obtain or maintain any license or certification required for
employment.
V. Instigating or participating in a walkout, strike, unlawful picketing, slow-
down, or other concerted stoppage of work.
W. Having been involved in an excessive number of accidents resulting in
injuries or property damage.
X. Violation of the City's Drug-Free Workplace policy.
Y. Smoking of any tobacco products in violation of the Smoke Free Workplace
Policy.
Z. Failure to notify Department Head of any felony conviction within five (5)
days of the conviction.
aa. Failure to report to the City when employee's driver's license is revoked or
suspended when the employee's position requires the operation of a motor
vehicle.
bb. Allowing hitchhikers or otherwise unauthorized persons to ride in City
vehicles.
CC. Acts of misconduct while on duty.
dd. Violating a safety rule,departmental rule, City policy, or special orders.
ee. Provoking or instigating a fight, or fighting at anytime on City property or
while on duty.
ff. Threatening, intimidating, coercing, or abusing fellow employees,
supervisors or the public in the line of duty; behaving in a way that interferes
with the cooperation of employees or impairs the efficiency of municipal
service.
gg. Use of profane, abusive or offensive language in the workplace or directed
toward co-workers,elected officials, or members of the public.
hh. Posting or removing any matter on bulletin boards or City property at any
time unless authorized.
ii. Unauthorized release of confidential information.
jj. Distributing or causing to be distributed, during normal working hours,
written matter of any kind on City premises without proper authorization.
The purpose of this provision is to prohibit interference by one or more
employees with the work of other employees or with the operation of the
City's business.
kk. Violation of federal, state or local law, including, but not limited to, City of
Dania Beach's Codes and Ordinances,the Broward County Conflict of Interest
and Code of Ethics Ordinance, or the State of Florida Code of Ethics for Public
Officers and Employees (Ch. 112, Florida Statutes).
11. Gambling or engaging in any other game of chance during working hours,
while in a City uniform or on City property.
(003306014614-1104020)
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mm. Failing to expose through appropriate means and channels corruption,
misconduct, or neglect of duty whenever discovered.
nn. Using a position of public trust to gain access to the media for the purposes of
criticizing colleagues, other public officials, citizens, or staff, impugning their
integrity or vilifying their professional beliefs.
oo. Using information gained confidentially in the performance of governmental
duties as a means of making private profit.
pp. All City employees shall practice civility and decorum in their dealings with
others. Belligerent, personal, derogatory, impertinent, slanderous,
threatening, abusive or disparaging comments will not be tolerated. No
shouting or physical actions that could be construed as threatening will be
tolerated.
qq. Unauthorized absence from work for a period of three (3) or more work days
will be considered as the employee's voluntary abandonment of their
position.
rr. Engaging in any other actions which are determined by the City Manager to
warrant corrective action.
Department Heads, managers and supervisors are expected to set an example and to
enforce the Code of Conduct rules based on facts,uniformly,with fairness and impartiality.
{00330601 4 614-1104020}
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