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EMPLOYEE ORGANIZATION AGREEMENT
This Agreement is entered into by and between the City of Hollywood, Florida, hereinafter referred to as the “City” and the Hollywood Professional Fire Fighters, Inc., Local #1375, International Association of Firefighters, hereinafter referred to as the “Union”. It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto, to provide an orderly, prompt and peaceful means of resolving any misunderstandings or differences which may arise, and to set forth herein basic and full agreement between the parties concerning rates of pay wages, hours of employment, and other terms and conditions of employment. It is understood that the City of Hollywood is engaged in furnishing essential public services which vitally affect the health, safety, comfort and general well-being of the public, and both parties hereto recognize the need for continuous and reliable service to the public. Within the context of this agreement, all uses of the terms “he, him, and his” shall be considered to be gender-neutral and freely interchangeable with the corresponding terms of “she, her, and hers.”
ARTICLE 7: OVERTIME
Sec. 1: When it is necessary for the City to require employees to work in excess of their regularly assigned shifts, such time worked shall be considered overtime and shall be paid for at the rate of one and one-half (1-1/2) times regular rate of pay. Sec. 2: If an employee arriving early at his assigned work place is assigned to a Fire Department duty prior to his normally scheduled starting time, he shall be considered on duty and entitled to all rights and privileges including overtime pay for all actual time worked. These early assignments shall include, but not be limited to station relocation, emergency responses, and any other assigned details. Provisions of Article 8: Call Back Pay, shall not apply for early assignments. Sec. 3: Subject to the limitations described in Article 44, employees shall have the option of receiving either overtime pay or comp time for overtime worked both to be computed at time and one half. Sec. 4: Upon completion of a detail or an alarm after the change of the shift, a reasonable period of time, not to exceed thirty (30) minutes, shall be considered as paid time for the purposes of cleansing and changing. Determination of need for and length of time to be made by the Company Officer. Sec. 5: The City and the Union agree that the overtime list used for offering overtime assignments and extra duty work details shall be administered as follows: (a) Members transferred to another shift will be inserted into the overtime list based upon the last date they accepted or rejected an opportunity to work an overtime assignment or extra duty work detail; (b) Members who have a change in rank will be placed on the bottom of the appropriate list, regardless of whether or not a shift transfer occurs; (c) “Overtime Assignments” shall be generally defined as those work assignments that are used to supplement routine daily staffing levels on emergency apparatus and that are based out of fire stations. “Extra duty work details” shall be generally defined as those work assignments that are pre-scheduled and that are based upon specific events or work sites (i.e. firewatch details, EMS coverage at festivals, etc.). The Fire Chief, or his designee, shall determine whether a work assignment shall be considered an overtime assignment or an “extra duty work detail.” Pre-scheduled extra duty work details will be administered and offered to members in the same manner as overtime assignments. Overtime and extra duty work details will only be offered to personnel who are regularly assigned to perform the related job functions. Members’ eligibility for particular types of overtime assignments will be determined by mutual consent of the Union and the Fire Chief. d) Routine overtime assignments will be limited to twelve (12) hours in duration; the duration of overtime assignments that result from hurricanes or other extreme emergencies will be at the discretion of the Fire Chief. Shift members who work twelve (12) consecutive hours of overtime assignment shall be moved to the bottom of the overtime eligibility list. In addition, members who accumulate twelve (12) hours of time worked during two or more assignments shall be moved to the bottom of the eligibility list, regardless of the time duration of any particular assignment. e) Members who decline an opportunity to work an overtime assignment based upon scheduling conflicts with courses that have been pre-approved by the Fire Chief, or his designee, will be permitted to retain their position on the overtime eligibility list. Members must advise the Chief’s Office of their enrollment in classes prior to utilizing this
option. f) The City and the Union agree that, in addition to rank, overtime assignments and extra duty work details may be offered based upon EMT certification, paramedic licensure, fire inspector certification and/or departmental HAZ-MAT certification. g) Bargaining unit members who decline an opportunity to work an overtime assignment based upon scheduling conflicts with Fire Department classes and/or training sessions (i.e., monthly paramedic meetings, make-up classes for CEU’s, etc.) required for certification will be permitted to retain their position on the overtime eligibility list. Members must advise the scheduling officer of their intent to attend said required class at the time that the overtime assignment is offered. Having done so, failure to actually attend will result in the member’s name being moved to the bottom of the eligibility list. h) On duty members who utilize compensatory time, blood time, or personal leave in order to attend monthly paramedic meetings may continue to do so, subject to standard operational limitations. In such cases, the member shall only receive CEU credit for having attended the class and shall not be eligible for overtime, callback, or any other pay. On duty members who attend via exchanges of time and are compensated for such attendance will not be affected by this agreement. i) When overtime assignments are scheduled to commence at midnight (12:00 a.m.) or later of a particular shift and are contiguous with the start of the following shift, then said overtime assignments shall first be offered to the appropriate oncoming personnel. Thereafter, scheduling shall be in accordance with past practices. Sec. 6: In accordance with the provisions of the Fair Labor Standards Act, Section 7(k), the City claimed the limited exemption permitted therein and established a work period consisting of twenty-one (21) calendar days for all members of the bargaining unit. Sec. 7: To maintain the efficient operation of the department and to ensure personnel morale, the following provisions shall apply for holiday scheduling: a) Requests for utilization of comp time, blood time, and/or personal leave shall be denied if granting such requests necessitates that replacement personnel be ordered to report for duty in an involuntary status; and b) In order to accommodate requests for utilization of comp time, blood time, and personal leave on contractually recognized holidays, the Fire Department may begin scheduling personnel for voluntary overtime assignments up to ten (10) calendar days prior to the date of said holiday. However, any personnel who decline a holiday overtime assignment that has been offered more than forty-eight (48) hours in advance of said assignment will be permitted to retain their position on the overtime list. Any personnel who accept a prescheduled overtime assignment will be moved to the bottom of the overtime eligibility list as of the day of acceptance, regardless of what day the overtime assignment is to be actually worked.
ARTICLE 8: CALLBACK PAY
Sec. 1: (a) All shift employees of the bargaining unit who are called back to work while off duty or are required to attend a fire department related function authorized by the Chief or his designee, shall be paid a minimum of three (3) hours pay at the overtime rate. If the employee is required to stay beyond the three (3) hours, he shall be paid at the overtime rate for all additional time. If the period of callback time is for three (3) hours or less and is contiguous with the start of a regular work schedule, the employee shall receive the minimum call back of three (3) hours before reverting to regular pay at the start of his normal tour of duty. (b) All non-shift employees of the bargaining unit who are called back to work while off duty or are required to attend a fire department related function authorized by the Chief or his designee shall be paid a minimum of three (3) hours pay at the overtime rate, unless the callback is contiguous with the start of the employees shift. If the employee is required to stay beyond the three (3) hours, he shall be paid at the overtime rate for all additional time. If the period of callback time is for three (3) hours or less and is contiguous with the start of a regular work schedule, the employee shall receive the following minimum hours at the overtime rate before reverting to the straight time rate at the beginning of the employee’s scheduled work: (1) Reporting 90 to 180 minutes prior to their regular work schedule — three (3) hours; (2) Reporting 30 to 89 minutes prior to their regular work schedule — two (2) hours; and (3) Reporting 1 to 29 minutes prior to their regular work schedule — one (1) hour. 22 This graduated schedule of call back pay shall not apply to fire prevention officers during the performance of pre-scheduled early inspections. Sec. 2: Off-duty employees who are subpoenaed as witnesses in Federal Courts, Circuit Court, Civil Courts, or by and on behalf of the City in Administrative Hearings, as a result of observations they may have made while on duty, shall be paid a minimum of three (3) hours at the overtime rate. Sec. 3 Off-duty employees who are requested to appear by or on behalf of the City or any of its departments or agencies for inquiries, investigations, or any other type of meeting as a result of observations they may have made while on duty, shall be paid a minimum of three (3) hours at the overtime rate, provided that the Chief’s Office is notified prior to the employee’s appearance. Sec. 4: Where a witness or subpoena fee is received by a member for off-duty or on-duty appearance, said fee shall become property of the City, less travel fee. Sec. 5: Where a member is requested to appear during duty hours, as a subpoenaed witness he shall receive only his normal pay for responding to such summons. Such personnel shall respond to subpoena on as-needed basis to minimize waiting time and so as not to disrupt the operations of the department. Sec. 6: Only personnel who reside within Dade, Broward, and Palm Beach Counties shall be considered for immediate call back. Contacted personnel shall report within one and one-half hours. Sec. 7: For each of the contractually recognized holidays listed in Article 13: Holidays and Holiday Pay, the primary “on-call” fire inspector shall be paid “on-call” compensation. If a holiday’s date of legal recognition is different than its date of calendar recognition, then on-call compensation shall be paid on both dates. On-call compensation shall consist of three (3) hours pay at the overtime rate and shall be in addition to any call back pay that may result from the provisions of Section 1(b). Call back pay for on-call inspectors shall commence when they are initially dispatched. If the inspector’s “on scene” response time exceeds sixty (60) minutes, then on call pay shall commence with the inspector’s on scene arrival.
ARTICLE 9: SICK LEAVE
Sec. 1: Sick leave accrued shall be according to current practice, with rate accrual specified as follows: a) shift employees shall accrue sick leave at the rate of 5.54 hours per pay period; b) forty (40) hour employees shall accrue sick leave at the rate of 4.62 hours per pay period. Sec. 2: Employees shall be charged for sick time used on an hour-for-hour basis. Sick time may be used for the following reasons: a) for personal illness or to provide care to an immediate family member (as defined in Article 12, Section 2) who is ill or injured; b) for personal visits to a hospital, medical laboratory, or licensed professional providing the employee with personal care, treatment, testing or counseling for medical, dental, chiropractic, or psychological needs, provided that the visit cannot otherwise be arranged during off-duty hours. c) for personal leave in accordance with Article 44. Sec. 3: All illnesses and off-duty injuries that cause a prolonged absence shall require a physician’s explanation and release prior to return to duty. “Prolonged absence” shall be defined as three (3) or more complete consecutive shifts for shift members and five (5) or more complete consecutive days for forty hour personnel. Sec. 4: Any employee who is absent from work due to a work-related or caused illness or injury, shall continue to accrue sick leave for an absentee period of up to eight (8) weeks. After eight (8) weeks, the employee shall cease to accrue sick time for the remainder of his or her absence from work. If the employee returns to work, he shall not forfeit any of the accrued sick leave.
ARTICLE 11: SHIFT EXCHANGE
The exchange of time policy will be as follows: Sec. 1: There shall be no limit as to the number of time exchanges between employees except for entry level probationary firefighters. During their initial eight (8) months of employment, probationary firefighters may only exchange time with other personnel on their same shift. Time exchanges will not be permitted for personnel on extra duty work details. Sec. 2: Exchanges must be made within ranks, submitted in writing, and approved by the Shift Commander at least forty-eight (48) hours in advance. Exchanges of time made between the ranks of “captain” and “lieutenant” shall be considered to have been made within rank. In the event of an emergency or other unforeseen combination of circumstances, the Shift Commander may, with the approval of a Division Chief or other person of higher rank, grant approval of requests submitted less than forty-eight (48) hours in advance. Denials of such requests shall be exempt from the provision of Section 5 below. Sec. 3: Exchanges of time for eight (8) hours or less will require that the exchange of time form be completed prior to the departing member being relieved of duty, but will not require the immediate written approval of the Shift Commander. Verbal approval by the Shift Commander, or his designee, shall be sufficient for the departing member to be relieved of duty, but the exchange of time form must be forwarded for official processing as soon as possible. The advance notice will not be required for exchange of time for eight (8) hours or less, unless the exchange of time is to start at the beginning of a shift or when the employee is to report for duty, in which case the shift commander via chain of command will be advised by the person standing in prior to 2300 hours the preceding calendar day. Sec. 4: Requests will be denied if in any way the exchange will interfere with the efficient operation of the Fire Department. Sec. 5: Employees will be notified in writing of the reasons why their request for an exchange was denied. Sec. 6: Individual shift exchange is not subject to the provisions of Article 23: Grievance Procedure and Arbitration.
ARTICLE 12: BEREAVEMENT LEAVE
Sec. 1: Where there is a death in the immediate family of an employee member, that member shall be granted time off without loss of pay or benefits. For in state burials, shift personnel shall be entitled to one (1) shift or twenty-four (24) hours off and forty-hour personnel shall be entitled to three (3) consecutive workdays off. For out of state burial, shift personnel shall be entitled to two (2) consecutive shifts or forty-eight (48) hours off and forty-hour personnel shall be entitled to five (5) consecutive workdays off. Sec. 2: Immediate family is described as: spouse, children, step-children, father, mother, step-father, step-mother, father-in-law, mother-in-law, brother, sister, step-brother, step-sister, brother-in-law, sister-in-law, grandparents, grandparents-in-law, domestic partners as defined by Broward County’s registration of domestic partners or any other county/state registration of domestic partners, or with the City’s approval, any person who has acted in such a capacity relative to the employee. Sec. 3: Consideration may be given for bereavement leave for other related family or any relative who is a legal resident of the employee’s household at time of death. Sec. 4: The City reserves the right to require documentation supporting approval of bereavement leave after employee returns to work. Sec. 5: If additional time is required, provisions for emergency leave and the appropriate repayment of such time will be available at the Fire Chief’s discretion.
ARTICLE 13: HOLIDAYS AND HOLIDAY PAY
Sec. 1: The following legal holidays shall be observed in the manner indicated in Section 2 and Section 3 below:
New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day after Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve, Employee’s Birthday, and any other holiday declared by federal, state, or municipal government, provided that the City of Hollywood adopts a declared holiday. Sec. 2: All shift personnel who are in employment status at a time a holiday occurs shall be granted twelve (12) hours holiday pay. Such holiday pay shall be paid either (a) in the last pay received in November or (b) any time prior to November, upon the written request of the employee. Early requests for holiday pay shall be paid within four (4) weeks of their receipt. Sec. 3: All non-shift personnel, including recruits, who are in employment status at a time a holiday occurs, shall be granted twelve (12) hours of holiday leave. Non-shift employees shall then utilize holiday leave in an amount equal to the hours in their normally scheduled workday on the actual date of the holiday. All remaining hours of holiday leave shall be paid in the same manner described in Section 2 above. Sec. 4: Birthday holidays for forty (40) hour personnel will be a floating holiday which must be used and scheduled with approval of the appropriate Division Head during each calendar year.
ARTICLE 14: VACATIONS
Sec. 1: (a) All regular full-time employees are eligible for paid vacation following their first employment anniversary date.
(b) All vacation hours accumulated from the first pay period in January through the last pay period in December, shall be utilized during the following calendar year (January 1 through December 31). In addition, employees may use eight (8) hours of their accrued vacation time to round off their last vacation shift. (c) Except as provided in Section 1(b), all employees shall return to duty on their shift or regular duty assignment upon expiration of their vacation hours. (d) The Department shall establish the vacation selection procedure. (e) Any employee who is absent from work due to work-related or caused illness or injury, shall continue to accrue vacation leave time for an absentee period of up to eight (8) weeks. After eight (8) weeks, the employee shall cease to accrue vacation leave time for the remainder of his or her absence from work. If the employee returns to work, he shall not forfeit any of the accrued vacation time. If the employee retires due to the injury or illness, or terminates for any reason, he shall receive payment for all vacation time that accrued before the injury or illness. Sec. 2: Annual accrual of vacation time shall be determined by an employee’s regular weekly hours of work and his seniority with the City of Hollywood. Annual accruals shall be prorated and credited to an employee’s account on a bi-weekly basis in accordance with Sections 3 and 4, below. Sec. 3: Non-shift employees shall accrue vacation time as follows: (a) 104 hours – employees with less than eight (8) full years of service; (b) 144 hours – employees with eight (8) years or more but less than eighteen (18) full years of service; (c) 168 hours – employees with eighteen (18) or more full years of service. Sec. 4: Shift employees shall accrue vacation time as follows: (a) 200 hours – employees with less than ten (10) full years of service;
(b) 224 hours – employees with ten (10) or more full years of service.
Sec. 5: Employees shall have the option of converting up to thirty percent (30%) of their annual vacation accrual into a lump sum payment. Converted annual leave shall be paid in the last pay period of November and calculated at the employee’s hourly rate that is in effect at that time. Shift employees who exercise this option shall utilize the remaining portion of their accrued annual leave in a single block of time and will be given only one pick in the vacation selection procedure. Sec. 6: On October 1 of each of the three years of the 2009-2012 Agreement, all employees shall be provided an additional eight (8) hours of “use it or lose it” accrued vacation leave. The eight (8) hours of vacation leave provided each year must be used prior to December 31st of the next calendar year. The additional eight (8) hours of “use it or lose it” vacation leave cannot be carried over beyond the applicable expiration date, and none of the leave can be converted to a lump sum payment (under section 5), or paid out upon termination or retirement.
ARTICLE 17: SENIORITY
Sec. 1: The City shall prepare a seniority list which also includes seniority in rank of all members of the Fire Department and post the same during the month of October each year. Any objection to this list must be filed with the Fire Chief within thirty days of posting. Sec. 2: Seniority shall be determined in the following manner:
(a) rank; (b) total time in rank; ties shall be broken in favor of the member(s) who ranked higher on the promotional eligibility list from which the promotions were made; (c) time in service with the Fire Department; ties shall be broken by earliest date of application for employment in the Fire Department. Sec. 3: Seniority shall be used in determining: a) the order of vacation selections; b) lay-offs and/or reductions in personnel; Sec 4: In the event of a personnel reduction, the employee with the least Fire Department seniority shall be laid off first with no regard to rank. In the event of a personnel reduction in ranks, the employee with the least seniority in that rank shall be reduced first. Recalls shall be determined by time in service with the Fire Department; the last person laid-off will be the first person recalled. Sec. 5: If an employee fails to successfully complete a promotional probationary period or requests to be returned to his lower rank while serving a promotional probationary period, then all of his or her seniority in the lower rank shall be restored. Sec. 6: Seniority will be lost upon termination, resignation, or failure to report when recalled from layoff. Seniority will accrue during approved leave of absence, sickness or disability. Sec. 7: When a member returns to a previously held rank, their current and prior periods of service within that rank shall be “bridged” so that the member’s credited seniority reflects a full and combined period of service. For the purpose of proper slotting on departmental seniority lists, the date of the member’s most recent entry into the rank in question shall be manually adjusted so as to reflect a date that is consistent with the full bridged period of service within that rank.
ARTICLE 19: PROMOTIONS AND PROMOTIONAL PROCEDURES
Sec. 1: No Fire Department promotional examination shall be administered when that particular test has been used before. The Recruitment and Selection Officer shall obtain a new test for each examination administered. Under no circumstances shall the test be opened prior to the seating of candidates for the examination. Examination sheets (including both question and answer sheets) shall contain only a number for identification purposes. No candidate shall affix his name to the answer sheet or examination question sheet(s). A letter or number shall be stamped, typed or printed mechanically on the question and answer sheet(s) and a corresponding number shall be the candidate’s form of identification when (only) passing grades are posted. Sec. 2: (a) The City agrees to provide sufficient funds to secure new tests from any recognized testing agency, excluding the State Fire College and the Community Colleges. The tests, consisting of one hundred (100) questions, shall be delivered to the examiner the day of the examination. An advance information sheet shall be provided and posted for all promotional examinations. The sheet shall list the reference material from which the test is taken, and shall be posted when the examination is ordered, and at least one hundred eighty (180) days prior to the examination. Members will be given a minimum of thirty (30) days in which to enroll (“sign up”) for a promotional examination. (b) Unless specifically exempted by the automatic attainment provisions of Article 45: Career Ladders, all promoted positions within the bargaining unit will be filled through the administration of written examinations, except for the promoted position of Fire Prevention Officer III (FPOIII) which may be filled by an administrative T&E exam. No oral examination shall be administered for promotion purposes or advancement. Written exams shall be administered on a biannual basis with the resultant eligibility lists becoming effective fortyfive (45) days after certification and shall remain in effect for a period of two years. Eligibility for a particular exam will be based upon a candidate’s applicable seniority as of the effective day of the list and not the date of administration. Sec. 3: Test scores shall be calculated and carried to two (2) decimal places and posted accordingly. Such scores shall reflect and list separately, written test grade, plus any applicable educational points (see Section 4 below), plus seniority credit points to be added to the minimum passing grade as follows:
1st six months 0 points; 2nd six months 1 point; 2nd full year 2 points; 3rd full year 2 points; 4th full year 2 points; 5th full year 1 point; 6th full year 1 point; 7th full year 1 point; 8th full year 1 point; 9th full year 1 point; 10th full year 1 point;
For each additional year of service after ten years, add one-half (1/2) point up to the maximum of twenty years. Seniority points for a particular exam shall be based upon a candidate’s applicable seniority as of the projected effective date of the eligibility list and not the date of administration. After the written score, any applicable educational points, and all applicable seniority points have been added to achieve a final combined score, any resulting tie scores will be broken by giving preference to members in the following order:
(a) Highest score on written test, excluding seniority and education points;
(b) Greatest longevity in the Fire Department;
(c) Earliest date of application for employment with the Fire Department.
Sec. 4: Any member of the bargaining unit who obtains an associate degree in Fire Science Technology or Emergency Medicine Technology shall be eligible to take a driver engineer promotional examination one (1) year in advance of any prescribed eligibility period. Any member who is testing for a supervisory level position and possesses an associate degree in Fire Science Technology or Emergency Medicine Technology will have three (3) additional “educational points” added to his minimum passing grade. Sec. 5: Promotion shall be made in the order of finish in promotional examinations for the position of Driver Engineer only (Rule of One). However, only those candidates who have demonstrated sufficient practical skills by successfully completing the driver engineer skills sign-off sections of the Fire/Rescue Department’s Procedures Manual shall be considered as eligible for promotion. Candidates who have failed to complete the driver engineer skills sign-off sections shall be considered ineligible for promotion and shall be passed over on the list. Subsequent completion of the skills sign-off sections of the procedures manual shall render a candidate eligible for future promotional opportunities, should such opportunities occur, but shall have no retroactive application. Skills sign-offs shall be effective for a maximum period of two (2) years before requiring a renewed skills demonstration with corresponding sign-offs. Sec. 6: Promotions shall be made from among the top three (3) eligibles on the appropriate eligibility list for all other promotional positions within the bargaining unit (Rule of Three). Consideration for appointment or rejection shall be based upon personnel performance and the material within the candidate’s personnel file. Any promotional candidate who is passed over for promotion in favor of a candidate holding a lower position on the same eligibility list may request an explanation of the reason(s) as to why he or she was passed over. Such request must be in writing and forwarded directly to the Fire Chief. The Fire Chief, or his designee, shall make a written response in a timely manner. Following receipt of the Fire Chief’s response, the passed over candidate shall then have ten (10) calendar days in which to file an appeal with the Civil Service Board. Sec. 7: (a) A candidate’s name shall remain on the eligibility list until its expiration date unless it is removed due to appointment. Eligibility lists shall remain in effect for a maximum period of two (2) years and shall not be extended. Successor eligibility lists shall become effective upon the expiration of the preceding eligibility list and shall, thereafter, remain in effect for a maximum period of two years. (b) If the Fire Chief can reasonably predict the full retirement and/or separation of a sufficient number of bargaining unit members so as to effectively exhaust a promotional eligibility list prior to its normal date of expiration, he shall have the authority to initiate the posting and administration of a new promotional eligibility examination, subject to limitations contained herein. (c) “Reasonably predict” shall mean as evidence based on judgment developed by reviewing (1) the dates on which members would attain thirty-three (33) years of career service, (2) the dates on which members would attain eight (8) years of participation in the DROP, and (3) the dates for which members have submitted written announcements of their impending resignation and/or retirement. (d) “Effectively exhaust” shall mean to (1) utilize the final candidate on the driver engineer eligibility list or (2) reduce all other eligibility lists to less than three candidates. (e) If a new eligibility list is created prior to the actual expiration or full utilization of the existing list, then the new list shall be appended to the end of the existing list to form a combined list. Upon reaching their normal expiration date, all rankings from the prior existing list will be dropped from the combined list so that only rankings from the new list shall remain. When applicable, candidates may hold two ranks.
ARTICLE 21: VACANCIES – PROMOTIONS
When a budgeted vacancy occurs in any unit position (except entry level firefighter), it shall be filled as soon as possible, but no more than fourteen (14) calendar days following the official severance of the vacating department member from the Fire Department. Filling of all promotional vacancies is to be in accordance with the promotional procedure adopted by this Agreement.
ARTICLE 27: SPECIAL LEAVE
Sec. 1: An employee who incurs a temporary medically disabling condition, not attributable to work, may upon written request be granted an unpaid leave of absence. The initial period for said leave of absence shall not exceed six (6) months. Upon further written request, the Fire Chief may extend such leave up to an additional six (6) months. The total combined leave of absence shall not exceed twelve (12) months. Upon return, the employee shall present a letter from his/her physician stating that the employee is fit to return to full, unrestricted duty. This leave shall not be available for an FMLA qualifying event unless and until the employee has used all applicable Family Leave, as provided in sec. 7 (below). Sec. 2: The temporary disability of pregnancy shall be treated in the same manner as any other temporary medical disability. Sec. 3: Except as provided in sec. 7 (below), the length of time that the employee is on an approved disability leave of absence may not be charged to any accrued paid leaves. Sec. 4: During said leave, the employee shall not accrue vacation or sick leave or be entitled to any other benefits of employment other than health and life insurance as set forth in Article 31. Employee’s sick and vacation leave balances earned and unused at the start of the disability leave, shall remain frozen, to be resumed upon the employee’s return to duty. Additionally, seniority will continue to accrue as if the employee remained in full duty status.
Sec. 5: An employee who incurs such a temporary medically disabling condition during a probationary period and is granted an unpaid leave of absence as indicated above, shall have his/her probation suspended at that point. Upon the return to work, the probationary period shall be resumed so that the appropriate total of either twelve (12) or six (6) months is spent in a probationary status. Sec. 6: Upon the birth or adoption of a child, a male employee may request and shall be granted an unpaid leave of absence. Shift personnel shall be granted two (2) consecutive shifts leave and forty hour personnel shall be granted one (1) week leave. Employees shall have the right to use accrued leave for this time off. This section shall apply to a female employee only in the case of adoption. Sec. 7: Employees who have an FMLA qualifying event must comply with the Human Resource Policy on Family Leave (HR-050), except as provided in this section regarding use of accrued leaves. An employee on Family Leave must use unused accrued leave, including sick leave, vacation leave, compensatory leave, and/or blood time during the Family Leave, except that a shift employee may choose to leave up to 232 hours (200 hours for non-shift employees) of sick leave, or a combination of sick and vacation leave, in their accrual bank(s) to be used upon his/her return from Family Leave.
ARTICLE 32: DISCIPLINARY ACTION
Sec. 1: The Union and the City agree that the most effective means of maintaining discipline is through the promotion of cooperation, of sustained good working relationships, and of the self-discipline and responsible performance expected of mature employees. In those cases where specific corrective action becomes necessary, the disciplinary measures taken should have a constructive effect. Disciplinary action will be taken for the sole purpose of correcting offending employees and problem situations and maintaining discipline and morale among other employees. Sec. 2: When an employee is alleged to have violated any rule or regulation, he shall be officially charged in writing by his supervisor, a Shift Commander, Division Chief, Deputy Fire Chief, or the Fire Chief, within thirty (30) calendar days: (a) of the date of the alleged offense; or (b) of the date the immediate supervisor knows or should have known of the alleged offense; or (c) where the matter has been referred for investigation, to an outside agency (including Hollywood Police Department and any other city agency or department that has proper investigative jurisdiction), of the date of completion of the investigation; date of completion shall be documented by party or agency conducting the investigation; or (d) where the matter has been referred to internal fact finding, the time may be mutually extended. Once an employee has been officially charged in accordance with the above, the Fire Chief, or his designee, shall render a final disciplinary action within forty-five (45) days. The City and the Union may mutually agree to extend this period by up to fifteen (15) days for a total review period of up to sixty (60) days. Sec. 3: Whenever the imposed discipline is in the form of a suspension without pay, the employee may elect to forfeit annual leave equal to the suspension, in lieu of the loss of pay; if the employee elects this option, such election shall be conditioned upon full waiver of any and all rights to appeal the suspension. Sec. 4: Employee suspensions without pay will not be served until at least fourteen (14) calendar days after the final date of notification. If the employee chooses to appeal a suspension through the grievance and arbitration procedure or through the civil service procedure, the suspension will be held in abeyance until the appropriate appeal process has been concluded. Sec. 5: The City agrees to furnish the Union with a copy of any written disciplinary action notice issued to any employee in the Bargaining Unit. Sec. 6: Employees shall receive copies of all documents filed in the employee’s personnel folders in the Fire Chief’s office or in the City’s Human Resources Department.
ARTICLE 34: EMERGENCY RESCUE SERVICES & RESCUE ASSIGNMENT PAY
Sec. 1: All unit personnel who are certified Emergency Medical Technicians (EMT), shall receive two (2) steps above their normal rate of pay provided:
(a) EMT certification is maintained current and valid; and
(b) All State of Florida related certifications are maintained current and valid,
including: (1) CPR Certification (2) EVOC Certification (3) Florida Ambulance Driver’s Standards
Sec. 2: All unit personnel who are certified and licensed as State Licensed Paramedics shall receive four (4) steps above their normal rate of pay provided: (a) Paramedic Certification and licensure by the State of Florida is maintained current and valid; and (b) All State of Florida related certifications are maintained current and valid, including: (1) CPR Certification (2) EVOC Certification (3) Florida Ambulance Driver’s Standards (c) These four (4) steps shall include the two (2) step EMT pay and shall not be in addition thereto. Sec. 3: All qualified, certified and licensed unit personnel, pursuant to Sections 1 and 2 above, who are regularly assigned to the Emergency Rescue Division and function therein as an EMT or a Paramedic, shall receive an additional five (5) steps above normal rate of pay as assignment pay; these five (5) steps shall be in addition to the two (2) step certification premium of Section 1 and the four (4) step licensure premium of Section 2. Sec.4: Any personnel, other than those regularly assigned to Emergency Rescue Division pursuant to Section 3 above, who are temporarily assigned for a minimum of six (6) hours of their assigned shift to an emergency rescue apparatus by the Chief, Deputy Chiefs, Division Chiefs or Battalion Chief, shall receive twenty-four (24) hours of assignment pay in accordance with Section 3 above. The City shall not rotate temporarily assigned personnel for the purpose of avoiding temporary assignment pay. Members in paramedic or EMT school may volunteer to be assigned to an emergency rescue apparatus for up to twelve (12) hours without receiving assignment pay in order to fulfill the “ride time” requirements of their class. Sec. 5: The Chief of the Department or his designee may assign any unit member to Rescue for any time period based solely on the needs of the Department. Rescue assigned personnel, regardless of rank, may be assigned to drive the rescue apparatus of the Fire Department. Any Fire Department Apparatus may be dispatched on any emergency medical call based solely on the needs of the department. Sec. 6: On an annual basis or as otherwise agreed by the Department and the Union, the Department shall offer all State of Florida required re-certification courses, at no charge to the employee. Sec. 7: The Training Division will endeavor to schedule such re-certification courses (Sec. 6 above) during duty hours whenever possible; individuals unable to attend these courses during duty hours due to vacations, exchanges of time or absenteeism will have to attend such courses on a non-duty, non-paid status. Sec. 8: Effective May 30, 1986 all new hires shall be required to become EMT certified before completing probation and maintain such certification as a condition of continued employment. Additionally, effective October 1, 1988, new hires shall be required to attain a Paramedic certification within four (4) years of date of hire. Any Paramedic hired on or after October 1, 1988 who does not maintain his Paramedic certification must obtain and maintain an EMT certification. Effective October 1, 1993, all new hires shall be required to maintain their paramedic licensure throughout their employment history with the City.
ARTICLE 38: EMERGENCIES, FOOD & SUPPLIES
Sec. 1: During a hurricane warning, on duty members shall be allowed sufficient time to secure their local (Broward, Palm Beach, and Dade counties or as otherwise determined by the Fire Chief) personal residences. Members will be relieved by the officer in charge at such time as their relieving members report for duty. Sec. 2: In the event of a hurricane or other unusual emergency condition, the City shall provide for food and necessary supplies unless prevented from doing so due to actual emergency conditions. The quality and quantity shall be consistent with levels currently utilized by members. Authorization to purchase food and supplies shall be coordinated via the Fire Chief or his designee. Sec. 3: If emergency conditions require increased levels of staffing, the City shall have fold-away sleeping cots with blankets available for the extra personnel. Sec. 4: Employees of the bargaining unit shall contribute to an organized mess at the stations as per current practice. The City shall not be responsible to collect contributions or to contribute to such mess.
ARTICLE 40: MINIMUM STAFFING
Sec. 1: The City recognizing that firefighting is a hazardous occupation and that staffing has a direct relationship to the safety and well-being of the employees, agrees to maintain staffing in accordance with Section 2 below. Sec. 2: All in-service rescue apparatus shall be staffed by three member crews which shall include at least two (2) paramedics and one (1) company officer. All in-service engine companies shall be staffed by a minimum of three members which shall include one (1) company officer and one (1) driver engineer. All in-service aerial apparatus shall be staffed by a minimum of two (2) members, at least one (1) of whom shall be a driver engineer.
ARTICLE 42: EDUCATIONAL BENEFITS
Sec. 1: Subject to approval of the Fire Chief or his designee, members who attend college level courses in pursuit of a job-related Associate’s, Bachelor’s, or Master’s Degree will be eligible for one-hundred percent reimbursement, at the state rate, for the costs of books and tuition based on the following criteria: a) Members desiring reimbursement must submit a written request for approval to the Fire Chief prior to the start of classes. Approval of the Fire Chief shall not be unreasonably denied. b) “Job-related” shall be broadly interpreted and generally consistent with those degrees that are compensable in accordance with the Educational Incentive Payment from the Insurance Commissioner’s Trust Fund (pursuant to F.S. 633.382 1982). c) Tuition reimbursement for completed courses offering a Pass/Fail grade shall be as follows: Pass — one hundred percent (100%) reimbursement Fail — zero percent (0%) reimbursement d) Tuition reimbursement for completed courses offering a letter grade shall be as follows: C and above — one hundred percent (100%) reimbursement D or below — zero percent (0%) reimbursement Sec. 2: Employees who take advantage of the benefits provided in this Article shall be obligated to remain in the employ of the City for a minimum of twenty-four (24) months following the conclusion date of any course for which the City has made payment hereunder. In the event any Employee shall voluntarily terminate his/her employment with the City prior to twenty-four (24) months following the conclusion date of any course for which the City has made payments hereunder, then said employee shall repay to the City all tuition and book costs reimbursed to him/her for that course. Sec. 3: Members who are directed by the department to take classes or courses shall be reimbursed pursuant to current practice. Sec.4: Members shall be reimbursed at the state rate for all costs related to mandatory emergency medical technician and/or paramedic courses taken from accredited educational institutions. Entry level firefighters who are hired while already enrolled in such a course, will be reimbursed on a pro rata basis. No reimbursement will be made for courses completed prior to date of hire.
ARTICLE 43: TIME OFF FROM DUTY
Sec. 1: (a) Maximum comp time accrued will be limited to ninety-three and two/tenths (93.2) hours; any time accrued in excess will be paid at the overtime rate of pay. Employees shall not forfeit any accrued comp time. A ninety-three and two/tenths (93.2) hour maximum use at one time of comp time shall be allowed and may be used in conjunction with all other policies, exchanges of time, vacations, etc. A request for comp time will be made no less than sixty-eight (68) hours in advance of the days requested. Except as provided in Section 1(b) below, approval of requests for comp time shall be in accordance with established practices provided that it does not cause scheduled overtime and maintains at least one (1) scheduled reserve employee, regardless of the rank of that employee. Compensatory time will not be authorized for less than three (3) hours. (b) Comp time may be utilized to supplement periods of annual leave in order to attain a fully “rounded off” tour of duty. Requests for such comp time must be submitted prior to the commencement of that particular period of annual leave and shall be approved. Sec. 2: “Blood Time” will continue to be utilized according to past practices. Blood time accumulation will be limited to twelve hours every fifty-six days, with an annual maximum of six (6) whole blood contributions and four (4) pheresis contributions. Maximum blood time accumulation shall be limited to ninety-three and two/tenths (93.2) hours. Sec. 3: Each calendar year, an employee may utilize up to forty eight (48) hours of sick leave as personal leave in the following manners: a) pre-scheduled personal leave — must be utilized for a minimum of three (3) hours; additional time must be used in one-hour increments; all requests must be submitted in writing at least sixty-eight (68) hours in advance; and the necessary amount of sick leave must be accrued prior to submitting the request. b) un-scheduled personal leave — must be utilized in blocks of time equal to the employee’s full tour of duty on the day that leave is to be taken; unscheduled personal leave must be reported in the same manner as sick leave. c) approval — requests for utilization of personal leave will be honored in the order they are received by the appropriate Combat Battalion Chief, except under emergency circumstances as determined by the Fire Chief, and will be subject to the following limitations: (1) captain, (1) one lieutenant, (2) two driver engineers and (3) three firefighters. Thereafter, approval of additional requests for utilization will be at the discretion of the Fire Chief or his designee. Such designee shall be available on a 24 hour basis. Sec. 4: Once an employee has made the choice to accept comp time rather than be paid for any overtime work, such choice shall be irrevocable. Upon separation or entry into the DROP plan, a maximum of 48 hours payment shall be due to an employee for accumulated comp time. An employee shall use all additional accumulated comp time prior to separation. Sec. 5: Comp time, blood time, and personal leave requests may be submitted no more than thirty (30) days prior to the proposed date of utilization. The granting of requests will be considered in the order of priority listed below. Within each of the listed categories, requests will be considered in the order in which they are received by the appropriate Shift Commander:
a) pre-scheduled personal leave requests that fall within the rank limitations defined in Section 3 (above); b) any additional pre-scheduled personal leave requests that exceed item (a) above will be considered together with all other comp time and blood time requests; and c) unscheduled personal leave requests will be considered last.
ARTICLE 45: LIGHT DUTY
Sec. 1: At the exclusive direction of the City, a member who is unable to perform in their normal work assignment may be permitted or required to work in a “light duty” capacity. The member must properly present any required medical releases and/or forms from their attending physician. The City reserves the right to have the member evaluated by a physician prior to assignment, at the City’s expense. If the City’s medical authority differs from the employee’s attending physician, a third health care provider will be commissioned to evaluate the employee. The decision of the third party health care provider will be binding and paid for by the City. Employees with work related injuries/illnesses will be given preference for light duty assignments. Sec. 2: The City may assign light duty personnel to any fire department related activity at any fire department work site provided that such activities are within the member’s physical limitations, as determined in Section 1. Light duty personnel shall work a normal five-day schedule. Sec. 3: Shift personnel who incur a work related illness or injury will be granted eight (8) additional hours of time off from duty (with no loss of pay, accrued time, and/or benefits) on each contractually recognized holiday that occurs during their light duty assignment. Sec. 4: Upon receiving a medical release back to full duty, non-shift personnel shall resume their normal work schedule. Sec. 5: Upon receiving a medical release back to full duty, shift personnel shall resume their normal work schedule at the earliest opportunity that is consistent with the following: (a) After receiving a release to full duty, members will continue to work a normal light duty schedule until their return to a normal shift assignment; and (b) No member shall be required to make their initial return to shift assignment on a weekend or contractual holiday. Sec. 6: The provisions of this article shall not preclude an eligible employee from pursuing and/or receiving a disability retirement pension. When appropriate, employees applying for a disability retirement pension may continue to perform in a light duty capacity. In case of any particular conflicts with this provision, Article 28 – Pension Plan shall prevail. Sec. 7: Shift personnel who incur a non-work related illness or injury and who are assigned to a light duty assignment on a non-shift schedule (whose shift pay remains unchanged) shall utilize eight (8) hours of holiday leave on each contractually recognized holiday that occurs during the employee’s light duty assignment, provided the employee is in an off duty status during the holiday.
ARTICLE 46: OUTSIDE EMERGENCY SERVICE EMPLOYMENT
The City and the Union recognize that the nature of the fire/rescue service involves certain inherent risks to the health, safety, and well-being of the members of the Hollywood Fire Department. The City and the Union agree that no member of the Hollywood Fire Department shall expose themselves to further risk by serving as a paid or non-paid member of any other municipal or private agency providing emergency fire service and/or emergency rescue/ambulance service. Violation of this article shall be grounds for disciplinary action up to and including termination.