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					             “CONFIDENTIAL – Not subject to public disclosure under
     Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”




 1                  Collective Bargaining Agreement
 2
 3                                  between
 4
 5
 6                 the Brevard County Sheriff’s Office
 7
 8                                     and
 9
10    the Coastal Florida Public Employees Association, Inc.
11
12                      Certification Number 1575
13                                 Civilians




                                   11/12/2011
                           “CONFIDENTIAL – Not subject to public disclosure under
                   Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                                           TABLE OF CONTENTS
 2   Agreement ..........................................................................................Page 1
 3   Preamble .............................................................................................Page 2
 4   Article 1 RECOGNITION ......................................................................Page 3
 5   Article 2 GENDER REFERENCE.........................................................Page 4
 6   Article 3 DUES CHECKOFF ................................................................Page 5
 7   Article 4 NO DISCRIMINATION ...........................................................Page 8
 8   Article 5 EMPLOYEE REPRESENTATION and
 9   ASSOCIATION ACTIVITIES ...............................................................Page 9
10   Article 6 GRIEVANCE PROCEDURE AND ARBITRATION .............. Page 16
11   Article 7 INTERNAL INVESTIGATIONS and
12   DISCIPLINARY ACTION ...................................................................Page 26
13   Article 8 LAYOFFS and RECALL .....................................................Page 33
14   Article 9 SAVINGS CLAUSE .............................................................Page 35
15   Article 10 GROOMING.......................................................................Page 36
16   Article 11 ACTING POSITIONS, ASSIGNMENTS, VACANCY
17   SELECTIONS and LATERAL TRANSFERS ....................................Page 37
18   Article 12 PERSONNEL RECORDS ..................................................Page 38
19   Article 13 SAFETY ............................................................................Page 40
20   Article 14 SENIORITY........................................................................Page 41
21   Article 15 MANAGEMENT RIGHTS ..................................................Page 42
22   Article 16 LEAVE ...............................................................................Page 44
23   Article 17 PERSONAL PROPERTY – LOSS / DAMAGE ..................Page 59
24   Article 18 EDUCATIONAL ASSISTANCE PLAN ..............................Page 61
25   Article 19 JOB-CONNECTED DISABILITY ...................................... Page 65
26   Article 20 WORKDAY, WORKWEEK and OVERTIME .....................Page 67
27   Article 21 COURT APPEARANCES, ON-CALL AND RE-CALL ......Page 72
28   Article 22 WAGES .............................................................................Page 74
29   Article 23 EQUIPMENT and CLOTHING .......................................... Page 75
30   Article 24 INSURANCE BENEFITS ...................................................Page 76
31
                                                       11/12/2011
                         “CONFIDENTIAL – Not subject to public disclosure under
                 Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


1   Article 25 TRAVEL EXPENSES ........................................................Page 78
2   Article 26 DRUG TESTING and FITNESS FOR DUTY………………..Page 82
3   Article 27 STRIKE PROHIBITION AND WORK REQUIREMENTS….Page 100
4   Article 28 PREVAILING RIGHTS...................................................... Page 101
5   Article 29 MEMORANDUM OF UNDERSTANDING AND
6   SETTLEMENTS................................................................................. Page 102
7   Article 30 DURATION ........................................................................ Page 103
8   Appendices ...................................................................................... Page 104
9




                                                    11/12/2011
                     “CONFIDENTIAL – Not subject to public disclosure under
             Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


1                                       AGREEMENT

2
3   THIS AGREEMENT is between the SHERIFF OF BREVARD COUNTY
4   (hereinafter called “the Sheriff”) and the COASTAL FLORIDA PUBLIC
5   EMPLOYEES ASSOCIATION, INC. (hereinafter called the "Association" or
6   “PEA”) representing the employees in the bargaining unit certified by the Public
7   Employees Relations Commission as Certification Number 1575. As used in this
8   Agreement, the term “BCSO” shall mean the Brevard County Sheriff’s Office.
9




    36917                                                                                1
                       “CONFIDENTIAL – Not subject to public disclosure under
               Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                                         PREAMBLE

 2
 3   WHEREAS, it is recognized by the parties hereto that the declared public policy
 4   of the Sheriff and the purpose of Part II, Chapter 447, Florida Statutes, is to
 5   provide statutory implementation of Section 6, Article I of the Constitution of the
 6   State of Florida, and to promote harmonious and cooperative relationships
 7   between the Sheriff and his employees, both collectively and individually, and to
 8   protect the public by assuring, at all times, the orderly and uninterrupted
 9   operations and functions of the Sheriff; and
10
11   WHEREAS, it is the intention of the parties of this Agreement to set forth the
12   entire agreement with respect to matters within the scope of negotiations; and
13
14   WHEREAS, the above language is a statement of intent and, therefore, not
15   subject to the grievance procedure as outlined in Article 6;
16
17   NOW, THEREFORE, in consideration of the mutual covenants herein contained,
18   the parties do agree as follows:
19
20




     36917                                                                                 2
                       “CONFIDENTIAL – Not subject to public disclosure under
               Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                                 Article 1 - RECOGNITION
 2
 3   SECTION 1

 4           The Sheriff hereby recognizes the Coastal Florida Public Employees
 5   Association, as the exclusive representative for the purposes of collective
 6   bargaining with respect to wages, hours, and terms and conditions of
 7   employment for all employees included in the bargaining unit for which this
 8   recognition is accorded as defined in the Certification issued by the Florida Public
 9   Employees Relations Commission, Certification Number 1575. This Agreement
10   includes all employees in the classifications and positions listed in Appendix A of
11   the Agreement.
12
13   SECTION 2

14           The Sheriff will not be called upon to recognize the Association as a
15   bargaining agent for any of the BCSO’s employees other than those included in
16   the certified unit set forth above, in the absence of a new certification by the
17   Florida Public Employees Relations Commission (PERC). Clarifications of and
18   amendments to the bargaining unit as defined above shall be by mutual consent
19   of the Sheriff and the Association, or in the case of a dispute, by determination of
20   PERC.
21




     36917                                                                                 3
                      “CONFIDENTIAL – Not subject to public disclosure under
              Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


1                            Article 2 - GENDER REFERENCE
2
3           All references in this Agreement to employees of the male gender are
4   used for convenience only and shall be construed to include both male and
5   female employees.
6




    36917                                                                                 4
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                                Article 3 - DUES CHECKOFF
 2
 3   SECTION 1 – Deductions

 4   A.      During the term of this Agreement, the Sheriff agrees to deduct
 5           Association membership dues and other authorized deductions, if any, in
 6           an amount established by the Association and certified in writing by the
 7           President of the Coastal Florida Public Employees Association or his
 8           designee from the pay of those employees in the bargaining units with the
 9           PERC Certification Number 1575, who individually make such request on
10           a written check off authorization form provided by the Association
11           (Appendix B). The Sheriff will make such deductions when other payroll
12           deductions are made and will begin in the first full pay period following
13           receipt of the authorization by the Sheriff.
14   B.      The Association shall advise the Sheriff of any increase in dues in writing
15           at least thirty (30) days prior to its effective date.
16   C.      This Article applies only to the deduction of membership dues and other
17           authorized deductions, if any, and shall not allow the deduction of any
18           Association fines, penalties, or special assessments.
19   D.      The Sheriff shall not provide dues deductions for any other labor
20           organization.
21
22   SECTION 2 – Remittance
23           Deductions of dues and other authorized deductions, if any, shall be
24   remitted respective to the appropriate bargaining unit PERC certification number
25   to the President of the Coastal Florida Public Employees Association, or his
26   designee; by the Sheriff on a biweekly cycle [twenty-six (26) deductions] along
27   with a list containing the names and social security numbers of the employees for
28   whom the remittance is made.
29
30
31   SECTION 3 – Insufficient Pay for Deduction


     36917                                                                                  5
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1           In the event an employee's salary earnings within any pay period, after
 2   deductions for withholding, social security, retirement, health insurance, and
 3   other priority deductions, are not sufficient to cover dues and any authorized
 4   deductions, it will be the responsibility of the Association to collect its dues and
 5   authorized deductions for that pay period directly from the employee.
 6
 7   SECTION 4 – Termination of Deduction

 8           Deductions for Association dues and/or authorized deductions shall
 9   continue until either: (A) revoked by the employee by providing the Sheriff and
10   the Association with thirty (30) days written notice that he is terminating the prior
11   check off authorization; (B) revoked pursuant to Section 447.507, Florida
12   Statutes; or (C) termination of employment.
13
14   SECTION 5 – Indemnification

15           The Association shall indemnify, defend and hold the Sheriff, its officers,
16   officials, agents and employees, harmless against any claim, demand, suit, or
17   liability (monetary or otherwise) and for all legal costs arising from any action
18   taken or not taken by the Sheriff, its officials, agents, and employees in
19   complying with this Article. The Association shall promptly refund to the Sheriff
20   any funds received in accordance with this Article which are in excess of the
21   amount of dues and/or uniform assessments which the Sheriff has agreed to
22   deduct.
23
24   SECTION 6 – Dues Check Off Authorization Form
25   A.      The Dues Check Off Authorization Form (Appendix B) or as amended by
26           the Association not inconsistent with the terms of this agreement, shall be
27           the only form used by bargaining unit employees who wish to initiate dues
28           deduction and shall contain all the information required by the form prior to
29           submission to the Sheriff. Any change in this form will not affect
30           deductions authorized by forms to which the parties have previously
31           agreed.


     36917                                                                                  6
                       “CONFIDENTIAL – Not subject to public disclosure under
               Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


1   B.      The Sheriff shall not be required to process Dues Check Off Authorization
2           Forms that are: (1) not properly or completely filled out; (2) postdated; or
3           (3) submitted to the Sheriff more than sixty (60) days following the date of
4           the employee's signature.
5




    36917                                                                                  7
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                              Article 4 - NO DISCRIMINATION
 2
 3   SECTION 1
 4           The Sheriff and the Association agree that neither party will discriminate or
 5   interfere whatsoever with the right of any employee covered by this Agreement to
 6   belong or not belong to the Association. No bargaining unit member will be
 7   discriminated against by the BCSO for engaging in authorized or protected
 8   activity, on behalf of the Association.
 9
10   SECTION 2
11           No bargaining unit member will be discriminated against on the basis of
12   age, race, creed, color, national origin, sex, disability, marital status, religion, or
13   sexual orientation. However, the parties also recognize that the Sheriff has
14   established an internal procedure to investigate and resolve alleged cases of
15   discrimination, which is in addition to existing and adequate procedures
16   established by the State of Florida and the Federal Government. Accordingly, it is
17   agreed that allegations of employment discrimination prohibited by this Article
18   shall be processed either through the Sheriff’s internal procedure, or in
19   accordance with State or Federal law, and cannot be processed through the
20   contractual grievance procedure.
21




     36917                                                                                  8
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   Article 5 - EMPLOYEE REPRESENTATION AND ASSOCIATION ACTIVITIES
 2
 3   SECTION 1 – Representation
 4   A.      Association Unit Representatives - From employees within the bargaining
 5           unit recognized under PERC certification number 1575, the Association
 6           shall select no more than four (4) Association Unit Representatives who
 7           shall be authorized to act on behalf of the Association. No more than one
 8           Association Unit Representative shall appear with a bargaining unit
 9           employee during a grievance meeting at any one time. Association Unit
10           Representative activities shall be conducted during an off-duty status,
11           employee breaks, meals, or approved leave time only, absent of
12           extraordinary or critical circumstances. Instances of extraordinary or
13           critical circumstances shall be brought to the attention of the unit
14           representative’s immediate supervisor prior to any action taken.
15   B.      Association Staff Representative(s) shall be full or part time paid staff
16           representatives of the Association, and not employees of the BCSO.
17   C.      The Association shall annually furnish/maintain to the Personnel Manager
18           an up-to-date listing of the Association Unit Representatives, Association
19           Staff Representatives and Association Officers. The BCSO shall have no
20           obligation to recognize individuals who are not on the lists furnished to the
21           Personnel Manager as representatives of the Association.                       Where
22           Association     representation      is   requested      by    an    employee,    the
23           representative shall be a person(s) on the lists provided by the
24           Association.
25
26




     36917                                                                                      9
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   SECTION 2 – Representative Access
 2   A.      The Sheriff agrees that designated Association Staff Representatives shall
 3           have reasonable access to the premises of the Sheriff that are accessible
 4           to the general public. If any area of the Sheriff's premises is restricted
 5           from the general public, and a Association Staff Representative desires
 6           access to such restricted area, notification of the meeting and permission
 7           to enter must be requested from the Precinct/Division Commander or
 8           designee. Such permission will not be unreasonably denied. Such
 9           access shall be during the normal working hours of the employee being
10           assisted, absent extraordinary or critical circumstances, and shall be
11           restricted to matters related to the application of this Agreement.
12   B.      When a bargaining unit member is involved in a critical incident and
13           requests the assistance of the Association, the BCSO will allow the
14           Employee to contact the Association, Association Staff Representatives or
15           Association Unit Representatives for assistance and representation.
16           Permission for immediate access to unit members must be requested from
17           a Commander or other Senior Ranking Manager at the scene and shall
18           not be unreasonably denied.
19   C.      For purposes of this section, a critical incident is defined to include: a
20           traffic crash involving serious injury, the death or serious injury of an
21           arrestee or detainee, the discharge of a weapon by a bargaining unit
22           member and/or any other serious incident, which requires the dispatching
23           of Professional Standards Division personnel for an administrative
24           investigation of a member’s action.
25
26   SECTION 3 – Labor Management Consultation
27           There shall be a Labor Management Committee established to consist of
28   members as set forth in the Agency’s master sworn contract. The sole purpose
29   of this Committee shall be to meet and confer concerning problems relating to
30   employee relations, policies/procedures, equipment and safety issues affecting
31   bargaining unit members which may from time to time arise in the Sheriff’s Office,


     36917                                                                                  10
                          “CONFIDENTIAL – Not subject to public disclosure under
                  Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   and to make recommendations to the Sheriff concerning such issues; provided,
 2   however, that the Committee shall not engage in collective bargaining or the
 3   resolution of grievances. The Committee shall determine its own rules of
 4   operation.     Should the meetings occur during a participant’s work hours,
 5   attendance and reasonable travel time shall be deemed time worked.
 6
 7   SECTION 4 – Bulletin Boards
 8   A.       The Sheriff agrees to furnish in a permanent BCSO facility to which any
 9            bargaining unit members are assigned, wall space not to exceed 36 x 48
10            inches for Association-purchased bulletin boards of an equal size. The
11            Association bulletin boards must be glass encased and locked. A key to
12            each Association bulletin board must be furnished to the Administrative
13            Assistant or Facility Manager where such bulletin boards are maintained.
14   B.       The use of Association bulletin board space is limited to the following
15            notices:
16           1.   Recreation and social affairs of the Association,
17           2.   Association meetings,
18           3.   Reports of Association committees,
19           4.   Association benefit programs,
20           5.   Current Association contract,
21           6.   Training and educational opportunities,
22           7.   Notice and announcement of internal Association elections, and
23           8.   Other materials pertaining to the welfare of Association members,
24                excluding election campaign materials of any type or kind.
25   C.       Notices posted on these bulletin boards shall not contain anything
26            reflecting adversely on the BCSO, or any of its officers or employees, nor
27            shall any posted material violate or have the effect of violating any law,
28            policy, or regulation. The Sheriff shall have the right to authorize the
29            removal of such material, at which time the Association will be notified.
30            Such removal shall not be subject to the grievance procedure contained in
31            this Agreement. However, all such removals shall be automatically


     36917                                                                                    11
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1           reviewed by the Personnel Manager. The Personnel Manager shall
 2           provide a written overview to the Sheriff and Association within ten (10)
 3           days of the removal.
 4   D.      Notices posted must be dated and bear the name of the Association's
 5           authorized representative.
 6
 7   SECTION 5 – Employee Use of Electronic Mail
 8           The Association shall be allowed access and use of the BCSO electronic
 9   mail system pursuant to guidelines maintained by the Sheriff. Association
10   business by e-mail from unit representatives only will be considered job related
11   (Sheriff’s Office approved transmission) for the purpose of this Section.
12
13   SECTION 6 – Employee Lists
14   A.      Upon request of a designated Association Staff Representative, the Sheriff
15           will provide the Association with an electronic mail or paper form list giving
16           the name, work address on file, job title, gross salary, job location, hourly
17           rate, pay grade/step, sworn date and merit date, for each employee in the
18           bargaining unit. The Sheriff shall be obligated to furnish such information
19           at no cost to the Association on a quarterly basis only.
20   B.      When a bargaining unit employee resigns, is terminated, retires normally,
21           is retired by disability, or is transferred, promoted or demoted out of the
22           bargaining unit, the BCSO shall be responsible for promptly notifying the
23           Association.
24
25   SECTION 7 – Documents
26   A.      All policies and procedures governing BCSO employees shall be kept in
27           electronic or paper format throughout the Sheriff’s Office to ensure that
28           each employee has access to them. A member of the bargaining unit
29           appointed by the Association shall be appointed to the policy review
30           committee.




     36917                                                                                  12
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   B.      The Sheriff will provide the Association with anticipated adjustments to,
 2           amendments of, and proposed new Special Orders applying to bargaining
 3           unit members, in order that the Association may give comments and/or
 4           recommendations on the subject within ten (10) working days (Monday
 5           through Friday) from the date submitted. It is further recognized that there
 6           may be emergency situations where the Sheriff deems it appropriate to
 7           take immediate action regarding Policies or Procedures or Special Orders
 8           applying to bargaining unit members. In those instances, the Association
 9           will be notified after the fact and may then respond if an adjustment is
10           recommended.        The Sheriff will give serious consideration to the
11           Association’s comments and/or recommendations. Failure by the BCSO
12           to comply with this provision shall be grievable in accordance with the
13           provisions of Article 6 of this agreement. The impact of such changes in
14           regards to policy changes(s) that impact the wages, or terms and
15           conditions of employment will be subject to impact bargaining provided the
16           Association makes a legally proper request within (7) calendar days after
17           the Association is notified of the change(s).
18
19   SECTION 8 – Negotiations
20   A.      The Association may designate certain employees within the bargaining
21           unit to serve as its Negotiation Committee. The Association’s Negotiation
22           Committee for the bargaining unit recognized under PERC certification
23           number 1451 may consist of up to four (4) members. Time spent in actual
24           negotiation sessions by the Negotiation Committee unit members only,
25           excluding preparation time, shall be considered as time worked, when the
26           negotiations are held during the Negotiation Committee unit member’s
27           regular working hours. The Association must notify the Personnel
28           Manager of the designated employee prior to the initiation of negotiation
29           sessions.    Employees who are not members of the Bargaining Unit
30           Negotiation Team, wanting to attend the negotiation session, while on
31           duty, must request leave.


     36917                                                                                  13
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   B.      The selection of any bargaining unit employee for actual negotiations shall
 2           not unduly hamper the operations of the work unit.                       Absence of
 3           representatives from a specific Precinct or Division shall not negatively
 4           impact staffing levels established under minimum manpower standards.
 5
 6   SECTION 9 – PEA Business
 7   A.      At the request of the PEA, during the second full pay period in January of
 8           each calendar year, 2.0 hours of annual leave shall be transferred from
 9           the annual leave balance of each member in the bargaining units
10           recognized under PERC certification number 1575 to be utilized as set
11           forth in this Article of the Agreement. Association Leave shall be treated
12           as all other approved leaves and counted for purposes of calculating
13           overtime consistent with the manner in which annual leave is counted for
14           purposes of calculating overtime under this Agreement.
15   B.      Association Officers and Representatives who are members of the
16           bargaining unit, shall request time off utilizing Association Leave time for
17           the purpose of conducting Association business, including but not limited
18           to: grievance, disciplinary matters, member questions and internal affairs
19           investigations, attending County Commission meetings regarding BCSO
20           budgeting and new approved position issues, attending County Board
21           meetings, attending State Association conventions and Association board
22           meetings. A Bargaining Unit Representative shall certify that Association
23           leave requested is for Association business. Such requests shall be
24           denied if operational needs so require. In the event an Association
25           representative participates in lobbying at the request of, and on behalf of
26           the Sheriff, administrative leave shall be utilized rather than Association
27           Leave. The selection of any employee for Association Leave shall not
28           unduly hamper the operations of the work unit. Absence of representatives
29           from a specific Precinct or Unit shall not negatively impact staffing levels
30           established under minimum manpower standards. The Association shall
31           be provided a copy of the Association Unit Leave Bank balance and


     36917                                                                                    14
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1           member Association Leave use on a quarterly basis at no cost to the
 2           Association. Unit representatives are authorized to use their BCSO
 3           assigned vehicle (if a vehicle is assigned) to attend Association business
 4           within Brevard County Only.
 5       C. The Association shall share in any cost associated with initial or future
 6           modifications or upgrades as needed to the payroll system to
 7           accommodate the Association Leave Bank up to a maximum of $2,500.
 8       D. The Association shall be notified of new member orientation sessions to
 9           allow an Association Staff Representative the ability to respond and
10           provide a copy of the current collective bargaining agreement as provided
11           by the Association.
12




     36917                                                                                  15
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1              Article 6 - GRIEVANCE AND ARBITRATION PROCEDURE
 2
 3           It is the policy of the Sheriff and the Association to encourage informal
 4   discussions of complaints between management and employees covered by this
 5   Agreement, as well as between supervisors and covered employees. Such
 6   discussions should be held with the intention of reaching an understanding,
 7   which will resolve the matter in a manner satisfactory to the employee and
 8   BCSO, without need for recourse to initiate the formal grievance procedure
 9   prescribed by this Article.
10
11   SECTION 1 – Definitions
12   As used in this Article:
13   A.      “Grievance” shall mean a dispute involving the interpretation or application
14           of the specific provisions of this Agreement, except as exclusions are
15           noted in this Agreement.
16   B.      “Employee” shall mean a bargaining unit member, a group of such
17           employees having the same grievance, or the Association. In the case of a
18           group of employees, one shall be designated by the group to act as
19           spokesperson and to be responsible for processing the grievance.
20   C.      “Days” shall mean calendar days. However, if the last day of any time limit
21           specified herein falls on a holiday or weekend, the time limit shall extend
22           until the end of the next business day.
23   D.      “Association Unit Representative” shall mean a bargaining unit member
24           who has been identified as a representative for the respective unit by the
25           Association. The Association shall notify the Sheriff’s Personnel Manager
26           of all unit representatives.
27   E.      “Appeal” shall mean a formal written request submitted by a Classified
28           Service employee for review by the Civil Service Board of disciplinary
29           actions involving suspensions without pay, demotions, involuntary
30           reductions in pay, or disciplinary dismissals consistent with the Brevard
31           County Civil Service Act.



     36917                                                                                  16
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   F.      “Chief Officer” shall mean the Chief Deputy or Chief Administrative Officer,
 2           whichever is within the bargaining unit member’s chain of command.
 3
 4   SECTION 2 – Election Remedy and Representation
 5   A.      When the employee has elected Association representation, both the
 6           employee and the Association Representative shall be notified of any
 7           meeting. Further, any written communication concerning the grievance or
 8           its resolution shall be sent to both the employee and the Association
 9           Representative, and any decision mutually agreed to by the Sheriff and
10           the Association shall be binding on the employee.
11   B.      If the Association does not represent the employee, any adjustment of the
12           grievance shall be consistent with the terms of this collective bargaining
13           Agreement. The Association shall be given reasonable opportunity to be
14           present at any meeting called for the resolution of such grievance. An
15           employee using this procedure in the processing of a grievance will be
16           bound by the procedure established by the parties to this Agreement. The
17           Association shall not be bound by the decision of any grievance or
18           arbitration in which the Association did not represent the employee.
19   C.      The employee shall have a right to file a Contract grievance or a Civil
20           Service Appeal over a discipline issue. At the time of filing an appeal or
21           grievance to a disciplinary action, the employee shall declare which
22           procedural process they are filing under. An employee may not switch
23           appeal forums once the grievance has been filed.
24
25   SECTION 3 – Procedures
26   A.      Employee grievances filed in accordance with this Article should be
27           presented and handled promptly at the lowest level of management
28           having the authority to adjust the grievances.
29   B.      There shall be no reprisals against any of the participants in the
30           procedures contained herein by reason of such participation.




     36917                                                                                  17
                         “CONFIDENTIAL – Not subject to public disclosure under
                 Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   C.      Except for suspensions, the filing or pending status of any grievance
 2           under the provisions of this Article shall in no way operate to impede,
 3           delay, or interfere with the right of the Sheriff to take the action complained
 4           of; subject, however, to the final disposition of the grievance.
 5           Suspensions shall not be imposed until the final disposition of the appeal,
 6           grievance and/or arbitration. The employee shall notice the Sheriff or his
 7           designated representative of his intention to appeal or grieve a suspension
 8           within ten (10) days of the receipt of the final notice from the Sheriff. The
 9           employee’s failure to do so shall permit the Sheriff to proceed with the
10           suspension.      However, suspensions shall not be imposed until the
11           accused and/or his Association Representative is afforded the opportunity
12           of a pre-deprivation hearing with the Sheriff or his designee for the
13           purpose of presenting mitigating circumstances and/or facts not previously
14           presented.
15   D.      If a grievance meeting is held during working hours, or requires
16           reasonable travel time of any required participating unit member, such
17           member shall be excused from duty without loss of pay for that purpose.
18           Attendance of grievance meetings outside of the regular working hours
19           shall not be deemed as actual time worked.
20   E.      In crafting a decision that would result in a rejection or partial rejection of
21           the grievance filed and/or the remedy sought, management shall also
22           include in its written decision, the reason(s) for the rejection or partial
23           rejection, that form the rationale for the rejection. Said statement must be
24           included in every step decision where the grievance has not been granted.
25   F.      Grievances shall be presented and adjusted in the following manner, and
26           no one individual may respond to a grievance in more than one step.
27
28   1.      Informal Grievance Procedure - Oral Discussion
29        a) An employee or Association Representative having a grievance may,
30           within five (5) days following the occurrence of the event giving rise to the
31           grievance, present the grievance orally to their respective supervisor for


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 1           informal discussion, and the supervisor shall make every effort to resolve
 2           the grievance promptly.
 3        b) If the grievance is not resolved by such informal discussion, the employee
 4           or Association Representative may, within five (5) days after the date of
 5           that discussion, submit a formal grievance as outlined in Step One of the
 6           grievance procedure.
 7
 8   2.      Formal Grievance Procedure
 9   Step One
10           1.       In filing a grievance at Step One, the employee or his designated
11                    representative shall if there has not been an oral discussion
12                    grievance submit the grievance to their Division Commander, within
13                    ten (10) days following the occurrence of the event giving rise to the
14                    grievance, or five (5) days after the unresolved conclusion of an
15                    oral discussion grievance. The Step One grievance will be on a
16                    grievance form setting forth specifically the complete facts on which
17                    the grievance is based, the specific provision or provisions of the
18                    Agreement allegedly violated, and the relief requested.
19           2.       The Division Commander shall meet with the employee and his
20                    Association Representative, if any, within 5 days of receiving the
21                    grievance. The Division Commander will provide a written decision
22                    to the employee and to the Association Representative, if any,
23                    within five (5) days following receipt of the grievance memorandum.
24                    In crafting a decision that would result in a rejection or partial
25                    rejection of the grievance filed and/or the remedy sought,
26                    management shall also include in its written decision, the reason(s)
27                    for the rejection or partial rejection, that form the rationale for the
28                    rejection.
29   Step Two
30           1.       If the grievance is not resolved at Step One, the employee or his
31                    designated Association Representative may submit a Step Two


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 1                    grievance in writing in accordance with his chain of command to the
 2                    Chief Officer within five (5) days after receipt of the Step One
 3                    decision. The Step Two grievance must contain the same
 4                    information as presented in the Step One grievance. When the
 5                    grievance is eligible for initiation at Step Two, the grievance
 6                    memorandum must be submitted within ten (10) days of the
 7                    occurrence-giving rise to the grievance. The Chief Officer, or his
 8                    designee, shall, within seven (7) days of receiving the grievance
 9                    meet with the employee, and/or with an Association Staff
10                    Representative, at the employee’s option, to discuss the grievance.
11                    The Chief Officer, or his designee shall communicate a decision in
12                    writing to the employee and to the Association Staff Representative
13                    within seven (7) days following receipt of the Step Two grievance
14                    memorandum. In crafting a decision that would result in a rejection
15                    or partial rejection of the grievance filed and/or the remedy sought,
16                    management shall also include in its written decision, the reason(s)
17                    for the rejection or partial rejection, that form the rationale for the
18                    rejection. The time frames may be extended if the Chief Officer is
19                    out of town during the seven (7) day window.
20   Step Three
21           1.       If the grievance is not resolved at Step Two, the employee or his
22                    designated Association Representative may submit a Step Three
23                    grievance in writing to the Sheriff within five (5) days after receipt of
24                    the Step Two decision. The Step Three grievance must present the
25                    same information as submitted in the Step Two grievance
26                    memorandum. When the grievance is eligible for initiation at Step
27                    Three, the grievance memorandum must be submitted within ten
28                    (10) days of the occurrence-giving rise to the grievance.               The
29                    Sheriff shall meet with the employee, within ten (10) days of
30                    receiving    the    grievance,     and/or    with    an   Association   Staff
31                    Representative, at the employee’s option, to discuss the grievance.


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 1                    The Sheriff or his designee shall communicate a decision in writing
 2                    to the employee and to the Association Staff Representative within
 3                    ten (10) days of the Step Three grievance meeting. In crafting a
 4                    decision that would result in a rejection or partial rejection of the
 5                    grievance filed and/or the remedy sought, management shall also
 6                    include in its written decision, the reason(s) for the rejection or
 7                    partial rejection, that form the rationale for the rejection. The time
 8                    frames may be extended if the Sheriff is out of town during the ten
 9                    (10) day window.
10   Arbitration
11           1.       If the grievance is not resolved during Step Three of the grievance
12                    procedure, the Association may notify the Sheriff in writing of the
13                    Association’s intent to bring the grievance to arbitration within thirty
14                    (30) days after receipt of the Step Three decision.                     If the
15                    Association refuses to represent the employee, the employee may
16                    appeal the grievance to arbitration. Employees covered under this
17                    Agreement who are not represented by the Association shall have
18                    the opportunity to process grievances to arbitration subject to the
19                    limitations set forth in this Agreement; provided, however, such
20                    member or employee proceeding without the assistance of the
21                    Association shall be required to post a bond in escrow with the
22                    Sheriff in an amount calculated to cover the cost of arbitration in the
23                    event that the employee is assessed a portion of the cost
24                    associated to the arbitration, and in no event will the bond amount
25                    be assessed less than $1,500.00.
26           2.       The parties agree to utilize the Federal Mediation and Conciliation
27                    Service (FMCS) for the selection of arbitrators. FMCS will provide a
28                    list of seven (7) arbitrators for each grievance from which the
29                    Association and/or employee and the Sheriff will mutually select
30                    one (1). If a mutual agreement is not reached, the parties shall
31                    alternately strike from the list until one remains. The party to strike


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 1                    first shall be determined by the flip of a coin. The parties agree to
 2                    require FMCS to limit the proposed list of arbitrators with Florida
 3                    addresses only. Each party may request one new list.
 4           3.       The parties may, by mutual agreement in writing submit related
 5                    grievances for hearing before the same arbitrator.
 6           4.       Arbitration hearings shall be held at times and locations mutually
 7                    agreed to by the parties. Under normal circumstances, hearings will
 8                    be held at the Sheriff’s Administrative Office; however, selection of
 9                    the site shall take into account the availability of evidence, location
10                    of witnesses, and the existence of the appropriate facilities.
11           5.       The arbitrator may fashion an appropriate remedy to resolve the
12                    grievance and, provided the decision is in accordance with the
13                    jurisdiction and authority established under this Agreement and the
14                    provisions of Chapter 682, Florida Statutes. The decision shall be
15                    final and binding on the Sheriff, the Association, the grievant(s),
16                    and the employees in the bargaining unit. In considering a
17                    grievance, the arbitrator shall be governed by the following
18                    provisions and limitations:
19                      a.    The arbitrator shall issue a decision, no later than thirty (30)
20                            days from the date of the closing of the arbitration hearing or
21                            the submission of briefs, whichever is later.
22                      b.    The arbitrator’s decision shall be in writing, and shall set
23                            forth the arbitrator’s opinion and conclusions on the issue(s)
24                            submitted.
25                      c.    The arbitrator shall have no authority to determine any other
26                            issue, and shall refrain from issuing any statement of opinion
27                            or conclusion not essential to the determination of the
28                            issue(s) submitted.
29                      d.    The arbitrator shall limit the decision strictly to the application
30                            and    interpretation    of   the    specific   provisions      of   this
31                            Agreement.


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 1                 e.    The arbitrator shall be without power or authority to make
 2                       any decisions:
 3                         1. Contrary to, or inconsistent with, adding to, subtracting
 4                             from, or modifying, altering or ignoring in any way, the
 5                             terms of this Agreement, or of applicable law or rules
 6                             and regulations having the force and effect of law.
 7                         2. Limiting or interfering in any way with the powers,
 8                             duties and responsibilities of the Sheriff under the
 9                             Florida State Constitution, applicable law, and rules and
10                             regulations having the force and effect of law, except as
11                             such powers duties and responsibilities have been
12                             abridged, delegated or modified by the expressed
13                             provisions of this Agreement.
14                 f.) The arbitrator’s award may include back pay to the grievant(s).
15                 g.) The reasonable fees and expenses of the arbitrator shall be
16                       borne by the losing party as determined by the arbitrator;
17                       however, each party shall be responsible for compensating
18                       and paying the expenses of its own representatives,
19                       attorney(s) and witnesses.
20                   h.) The Association will not be responsible for costs of an
21                       arbitration to which it was not a party.
22
23




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 1   SECTION 4 – Time Limits
 2
 3   A.       Failure to initiate a grievance within the time limits outlined within this
 4            Article shall be deemed a waiver of the grievance. Failure at any step of
 5            this procedure to submit a grievance to the next step within the specified
 6            time limits shall be deemed to be an acceptance of the decision rendered.
 7   B.       Failure at any step of this procedure to communicate the decision on a
 8            grievance within the specified time limits shall be deemed a violation of
 9            this Agreement and shall automatically advance the grievance to the next
10            step.
11   C.       The number of days indicated at each step should be considered a
12            maximum, and every effort should be made to expedite the process.
13            However, the time limits specified in any step of this procedure may be
14            extended, in any specific instance, by mutual agreement.
15   D.       Claims of either an untimely filing or untimely appeal shall be made at the
16            step in question.
17   E.       The Sheriff and Association may, by mutual written agreement, extend the
18            time limits for filing or answering a grievance.
19   F.       A grievance submitted by an employee, within ten (10) days of the event
20            giving rise to the grievance, that is incomplete because of minor
21            deficiencies in form may be returned one time to the employee for
22            correction without prejudice. The employee must submit a corrected form
23            within 5 days of its return, or the grievance will be considered waived.
24
25   SECTION 5 – Exceptions
26   A.       All grievances will be presented at the initial step with the following
27            exceptions:
28           1. If a grievance arises from the action of an official higher than the Step
29              One management representative, the grievance shall be initiated at Step
30              Two by submitting a grievance memorandum as set forth in Step One
31              within ten (10) days following the event giving rise to the grievance.




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                          “CONFIDENTIAL – Not subject to public disclosure under
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 1           2. The Association shall have the right to bring a class action grievance on
 2              behalf of bargaining unit employees in its own name, concerning
 3              disputes relating to the interpretation or application of this Agreement.
 4              Such grievance shall not include disciplinary actions taken against an
 5              employee. The Association’s election to proceed under this Article shall
 6              not preclude it from proceeding in another forum on the same issue.
 7              Such grievance shall be initiated at Step Two of this procedure, in
 8              accordance with the provisions set forth herein, within ten (10) days of
 9              the occurrence of the event-giving rise to the grievance.
10           3. Grievances to disciplinary actions made by the Sheriff shall be initiated at
11              Step 3 in accordance with the Step grievance procedures.
12




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 1           Article 7 - INTERNAL INVESTIGATIONS AND DISCIPLINARY ACTION
 2
 3   SECTION 1 – Internal Investigations
 4   A.        The parties recognize that law enforcement personnel occupy a special
 5             place in American society. Therefore, it is understood that the Sheriff has
 6             the right to expect that law enforcement personnel, regardless of rank or
 7             assignment, adhere to a professional standard of conduct. Since internal
 8             investigations may be undertaken to inquire into complaints of personnel
 9             misconduct, the Sheriff reserves the right to conduct such investigations to
10             uncover the facts in each case, but expressly agrees to carefully guard
11             and protect the rights and dignity of accused personnel. In the course of
12             any internal investigation, the investigative methods employed will be
13             consistent with the Law. B.            The procedures provided for in this
14             Article shall not apply to criminal investigations conducted by the Sheriff.
15             An employee who is about to be interrogated and is the subject of a
16             criminal investigation shall be so advised and given his Miranda Warning.
17             Such employee shall enjoy and exercise the rights available to all citizens
18             subject to such an investigation without fear of discipline for exercise of
19             such rights.
20
21   SECTION 2 – Investigation Procedures
22   A.        A disciplinary investigation shall only be initiated by a citizen's complaint
23             taken under oath in accordance with Section 117.10, Florida Statutes, or
24             from a supervisor of the Brevard County Sheriff's Office against an
25             employee. Where a formal statement (other than required incident reports,
26             control of person reports, discharge of firearms reports, arrest reports,
27             employee injury/damaged property reports, or any normally required
28             reports) is elicited from the employee, the interrogation shall be conducted
29             under the following conditions.
30   B.        For the purpose of this section the definition of interrogation shall be
31             defined as referring to a meeting involving an investigation of an allegation



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 1           against an employee with respect to an incident or complaint in which the
 2           employee reasonably believes that information to be obtained at the
 3           meeting could lead to a suspension, demotion or termination of the
 4           employee. For the purpose of this Article, the terms interrogation and
 5           interview are interchangeable as they relate to the employee under
 6           investigation.
 7   C.      The interrogation shall be conducted at a reasonable hour, preferably
 8           while the employee is on duty, unless the seriousness of the investigation
 9           is of such degree immediate action is required. If an employee is off duty
10           at the time of the interrogation, the time shall be considered time worked.
11           If it occurs while on duty, the employee’s commanding officer shall be
12           notified of the interrogation.
13   D.      The interrogation shall normally take place at the Staff Services Office.
14           The employee shall be informed of the rank, name and command of the
15           officer-in-charge of the investigation, the interrogating parties, and all
16           persons present during the interrogation. All questions directed at the
17           employee shall be asked by and through only one interrogator during one
18           investigative interrogation, unless specifically waived by the employee
19           under investigation. All questions shall be specifically, directly, and
20           narrowly related to the nature of the investigation. Hypothetical questions
21           may be asked during an interrogation; provided however that the
22           employee being interrogated, prior to being asked a hypothetical question,
23           shall be informed that he is not required to answer a hypothetical question,
24           and he shall not be in any way subject to disciplinary action or other
25           repercussions for refusing to answer a hypothetical question.
26   E.      At the time the employee is notified that he is the subject of an
27           investigation, the employee shall be notified of:
28        1. The names of all known complainants;
29        2. The nature of the allegations;
30        3. The policy or policies that were allegedly violated; and
31        4. The time frame of the alleged incident or incidents.


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                        “CONFIDENTIAL – Not subject to public disclosure under
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 1   F.      Prior to the employee being interrogated, he shall be provided access to,
 2           or copies of, if requested, all statements taken as a result of the
 3           investigation. Reasonable efforts shall be made to make such statements
 4           available at least 24 hours prior to the interrogation. In the event copies of
 5           statements are provided to the employee, a confidentiality waiver shall be
 6           required.
 7   G.      Interrogations shall be for reasonable periods and shall be timed to allow
 8           for such personal necessities and rest periods as are reasonably
 9           necessary.
10   H.      The employee shall not be subjected to abusive or offensive language or
11           threatened with transfer, dismissal or other disciplinary actions. No
12           promise, reward or threat of action shall be made as an inducement to
13           answering any question.
14   I.      The complete interview including when recesses are taken shall be
15           recorded, and there shall be no unrecorded questions or statements.
16   J.      The employee shall not be obligated to give a second statement
17           concerning the same facts elicited in an original interrogation. This will not
18           preclude an investigator from asking questions at a later time that were
19           not covered by the first statement or to resolve a conflict that arises as a
20           result of new information learned subsequent to the initial interview. The
21           employee shall be provided a copy or opportunity to review the initial
22           statement or recording prior to the second statement if requested.
23   K.      If the employee is under arrest, or is likely to be arrested as a result of the
24           interrogation, he shall be fully informed of his or legal rights prior to any
25           interrogation and shall be entitled to all rights in Section 1(B).
26   L.      At the request of the employee, he shall have the right to be represented
27           by up to two (2) individuals from among the following: (1) Association
28           Staff Representatives; (2) Attorneys; (3) other representative(s) of his
29           choice. However, witnesses or subject employees to the offense under
30           investigation may not serve as the representative for another witness or
31           employee.


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 1   M.      In the event the employee alleged of wrongdoing may possess short-lived
 2           items or substances of evidentiary value, the procedure for obtaining the
 3           evidence may be completed without delay, but no statement shall be
 4           taken from the employee until he has had an opportunity to obtain
 5           representation in accordance with this Article.
 6
 7   SECTION 3 – Employee Rights
 8   A.      When an allegation is made against an employee, the Sheriff will make
 9           every effort to ensure the allegation and any statements regarding the
10           allegation are reduced to writing and signed, and/or recorded. The written
11           or recorded allegation shall be known as a complaint. When the subject
12           employee is a sworn law enforcement or corrections officer, the statement
13           shall be taken under oath to a BCSO sworn supervisor, or assigned
14           investigator. If the allegation is substantive and the complainant refuses to
15           provide a sworn statement, the supervisor receiving the complaint will
16           reduce the allegation to writing and forward it through the chain of
17           command for a determination on a course of action. Should the
18           complainant be truly anonymous, the supervisor receiving the complaint
19           shall so attest to that fact in writing, prior to submitting the complaint.
20           Should the allegation relate to an action that if sustained would result in an
21           action less than formal discipline, the supervisor receiving the allegation
22           shall reduce it to writing and forward it to the officer in charge (OIC) or the
23           supervisor/manager of the employee(s) against whom the allegation is
24           made. The OIC or Supervisor will determine what, if any, action is
25           necessary. Anonymous allegations and allegations not made under oath
26           shall not lead to corrective action unless clear and convincing evidence is
27           developed as a result of an investigation of the allegations, in which the
28           employee(s) are afforded all existing rights under this article.
29   B.      When an employee is to be questioned or interviewed concerning a
30           complaint or allegation, the employee will be informed prior to the
31           interview of the nature of the investigation and whether he is the subject of


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 1           the investigation, or a witness of an investigation. When requested, an
 2           employee shall be given reasonable time to contact, consult with, and
 3           secure the attendance of an Association Representative for the interview.
 4           If he is the subject of the investigation, the employee or the employee's
 5           representative will also be informed of each complaint or allegation
 6           against him and be permitted to review all written and/or recorded
 7           statements made by the complainant(s) and witnesses prior to providing
 8           an interview. The employee who is the subject of the investigation shall
 9           not disclose the contents to anyone other than his representative and/or
10           attorney until the investigation is complete.
11   C.      The subject employee shall upon request, receive a copy of his written or
12           recorded statement at no cost to the employee. No recorded statement
13           will be made without the knowledge of all participants present during an
14           interview.
15   D.      Upon the conclusion of the investigation, the employee who is the subject
16           of an internal investigation shall be notified in writing of the disposition of
17           the case. If the investigation is not completed within forty-five (45) days of
18           notice to an employee that they are the subject of an investigation, and to
19           the extent possible, the employee shall be notified as to the status of the
20           investigation, and informed when the investigation should be completed. It
21           is understood that any estimated completion date may continue to be
22           extended based on the facts and circumstances of the investigation.
23   E.      In cases where the Sheriff determines that: (1) the employee's absence
24           from the work location is essential to the investigation; and (2) the
25           employee cannot be reassigned to other duties pending completion of the
26           investigation, the employee shall be placed on Administrative Leave with
27           pay. The Sheriff shall make a reasonable effort to complete the
28           investigation within thirty (30) days during any Administrative Leave
29           status. The Sheriff agrees to review the administrative suspension of any
30           employee every fifteen (15) days to determine if the facts and




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 1            circumstances      of   the    investigation    still   warrant    the    employee's
 2            administrative suspension.
 3           1. If a member is arrested for, or charged with, a felony or misdemeanor, he
 4              may be suspended without pay during the investigation period and any
 5              subsequent administrative appeals. While suspended without pay, the
 6              member may use compensatory time or annual leave. Personnel holding
 7              a rank of Commander, or above, are authorized to suspend a
 8              subordinate without pay under those circumstances upon approval of the
 9              Sheriff or his designee. If the criminal charge(s) against the member is
10              dismissed and the member is not disciplined as a result of the
11              administrative process, the Sheriff shall restore the employee’s pay for
12              the period of suspension or any used compensatory or annual leave
13              time.
14   F.       Unless required by statute, no employee shall be required to submit to a
15            polygraph test or any device designed to measure the truthfulness of his
16            responses during an investigation of a complaint or allegation, nor shall an
17            employee be requested to voluntarily submit to any such device.
18   G.       Only sustained findings may be inserted in an employee’s personnel
19            records. Findings not sustained or unfounded shall not be inserted in
20            permanent personnel records or referred to in performance evaluations.
21            All findings other than sustained findings shall be maintained in the
22            Sheriff’s Professional Standards files under the name of the complainant.
23   H.       Terms such as conduct unbecoming an officer/public employee, bringing
24            discredit to the agency and other vague terms shall not be used as
25            reasons to discipline an employee. Only direct violations of clearly written
26            policy shall be deemed reason for discipline.
27
28   SECTION 4 – Disciplinary Action
29   A.       Bargaining unit employees shall be disciplined only for just cause.
30   B.       Each employee shall be furnished a copy of all disciplinary actions placed
31            within his official personnel file and shall be noticed and permitted to


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 1           respond in writing to any document placed within their personnel file that
 2           contains reference to discipline, sub-standard conduct, and/or sub-
 3           standard performance.
 4   C.      An employee may request that an Association Staff Representative be
 5           present during any disciplinary investigation meeting in which the
 6           employee is being questioned relative to alleged misconduct, or during a
 7           pre-deprivation hearing where the employee is present and the discipline
 8           of the employee is being considered and discussed.
 9   D.      No formal discipline other than termination of employment or demotion
10           shall become effective until the appeal or grievance of said discipline is
11           completed, or the time frames for filing such appeal or grievance has
12           expired. The term “formal” discipline shall mean a suspension or greater,
13           and as such, any action taken less than formal discipline (alternatives to
14           discipline are identified as verbal counseling, written counseling, and
15           written reprimand) is not considered discipline for the purposes of this
16           Agreement. The term “demotion” shall mean a reduction in rank after the
17           bargaining unit employee has successfully completed his probationary
18           period in the bargaining unit position.
19




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                          “CONFIDENTIAL – Not subject to public disclosure under
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 1                               Article 8 - LAYOFFS AND RECALL
 2
 3   SECTION 1 – Layoffs
 4   A.        When for any reason it becomes necessary to reduce the workforce of any
 5             precinct, division, or unit, employees will be laid off without prejudice, as
 6             layoff is not considered a disciplinary action. The Sheriff will determine
 7             the number and classes of employees to be laid off. B.                 In the event
 8             of a reduction in force, layoffs shall be determined by seniority as defined
 9             in Article 14. In the event seniority is equal between employees, then the
10             following factors will be considered:             Agency seniority; employee’s
11             performance records; education, training and experience to include
12             certifications.
13                1.
14             C. No bargaining unit employee with permanent (non-probationary) status
15             in an affected class shall be subject to layoff while there are emergency,
16             temporary or probationary employees serving in the same classification
17             within the same precinct, division, or unit or while there is a position
18             vacancy in the same classification within the same precinct, division, or
19             unit.
20             D. If a bargaining unit employee with permanent (non-probationary) status
21                is scheduled to be laid off, the employee will be offered a demotion to a
22                lower class in the same work unit if a vacancy exists and the employee
23                is qualified to fill the position. In the event an employee accepts a
24                demotion to a lower classification, the employee’s pay rate will be
25                decreased based on the employee’s length of service (credit to be
26                given as if in the lower job classification from original hire date) or to a
27                level comparable with other employees in the lower job classification
28                with like tenure in the job.
29        E.    All employees to be laid off will be given written notification of such
30             layoffs by the Sheriff. Employees receiving less than two (2) weeks notice
31             of layoff shall be entitled to payment in lieu of said notice.


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1
2
3   SECTION 2 – Recall
4           Recall will be in reverse order of layoffs. No new bargaining unit
5   employees will be hired by the BCSO until all laid off members of the bargaining
6   unit are offered recall; provided, however, that after twelve months of layoff, an
7   employee’s re-employment rights under this Agreement shall cease.
8




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 1                                Article 9 - SAVINGS CLAUSE
 2
 3   A.      If any provision of this Agreement, or the application of such provision,
 4           should be rendered or declared invalid, unlawful, or not enforceable, by
 5           any court action or by reason of any existing or subsequently enacted
 6           legislation; or if the appropriate governmental body, having amendatory
 7           power to change a law, rule or regulation which is in conflict with a
 8           provision of this Agreement, fails to enact or adopt an enabling
 9           amendment to make the provision effective, in accordance with Section
10           447.309(3), Florida Statutes; then such provision shall not be applicable,
11           performed or enforced, but the remaining parts or portions of this
12           Agreement shall remain in full force and effect for the term of this
13           Agreement. In the event of the foregoing, the parties agree to renegotiate
14           a replacement provision, after written notice.
15   B.      This Agreement shall be binding upon the successors of the parties hereto
16           and no provisions, terms or obligations herein contained shall be affected,
17           modified, altered or changed in any respect whatsoever by substitution or
18           designation of a successor.
19




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                       “CONFIDENTIAL – Not subject to public disclosure under
               Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


1                                   Article 10 - GROOMING
2
3           The Parties agree that the Agency shall have the right to set reasonable
4   and professional grooming standards for its employees according to Policy and
5   Procedure 300.34 Civilian Dress Code effective 12/2005. The Sheriff agrees to
6   consult with the Association in the development of said grooming standards.
7




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                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1    Article 11 - ACTING POSITIONS, ASSIGNMENTS, VACANCY SELECTIONS
 2                                 and LATERAL TRANSFERS
 3
 4   A.      Except in case of a declared civil emergency, bargaining unit employees
 5           shall not be laterally transferred to equivalent positions outside of the
 6           bargaining unit, absent mutual consent by both the Sheriff and the
 7           employee.
 8   B.      Any employee who is directed by the Sheriff or Chief Officer, in writing, to
 9           act in a higher promotional classification for a continuous period of 40
10           hours or more shall be entitled to a ten (10%) increase or the base salary
11           of the higher promotional classification, whichever is greater.                The
12           employee shall receive the increase in base salary for the period of
13           assignment of 40 hours or more. If the assignment is 40 hours or greater,
14           the increase shall be retroactive to the initial date of assignment.
15   C.      Promotion to a higher pay grade shall normally become effective no later
16           that forty-five (45) days from the notification to the employee of their
17           selection from the Personnel Manager or designee. Upon completion of
18           the 45 days, if the promotion has not been completed, the employee will
19           begin to receive the new pay rate for the job class promoted to.
20   D.      An employee may be removed from an acting rank assignment in order to
21           facilitate training opportunities for other bargaining unit employees;
22           however, an employee shall not be removed from an acting rank
23           assignment solely for the purpose of avoiding payment under this Article.
24   E.      Upon the declaration of a civil emergency, the Sheriff shall transmit a copy
25           of the declaration to the President of the CFPEA as soon as possible.
26




     36917                                                                                   37
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                           Article 12 - PERSONNEL RECORDS
 2
 3   SECTION 1 – Personnel File
 4   A.      All personnel records shall be kept in conformity with Florida Statutes,
 5           Chapter 119. There shall be only one official Personnel file for each unit
 6           employee, which shall be maintained in the Personnel Office of the Sheriff,
 7           and shall contain all written counseling notices and formal discipline.
 8           Written counseling notices and formal disciplinary actions not contained in
 9           the personnel file, cannot be used to support a disciplinary action
10           contested in the grievance procedure set forth in this Agreement. This
11           does not preclude other documents supporting the disciplinary action,
12           such as those contained in a Professional Standards file, from being used
13           to support a disciplinary action taken. This shall not preclude a unit level
14           and/or a supervisory file from being kept.
15   B.      No derogatory material will be placed in a unit employee’s official file until
16           the employee has signed for a copy. If any material is placed in a
17           bargaining unit employee's official Personnel file, the employee shall be
18           afforded the opportunity to review the material and provide a written
19           response to any document placed within the file.
20   C.      A bargaining unit employee will have the right to review his official
21           personnel file and his unit level and/or supervisory file at reasonable times
22           designated by the Sheriff or his designee, under the supervision of the
23           designated records custodian, to the extent permitted by law.
24   D.      Where the Sheriff or his designee, the Public Employees Relations
25           Commission, the courts, an arbitrator, or other statutory authority
26           determines that a document has been placed in the employee’s personnel
27           file in error or is otherwise invalid, such document shall be stamped “NOT
28           VALID”, placed in an envelope together with a letter of explanation, and
29           maintained in the employee’s official Personnel file. The contents of the
30           envelope will be disclosed pursuant to the requirements of Florida law.
31


     36917                                                                                  38
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   SECTION 2 – Privacy
 2   A.      Whenever a request is made by a person, not employed by the Sheriff to
 3           review an employee’s official personnel file or professional standards file,
 4           notice of the request shall be provided to the employee as well as the
 5           name and affiliation of the person making the request, if the individual
 6           making the request has provided such information.
 7
 8   SECTION 3 – Discipline
 9   A.      The Sheriff and the Association agree that a verbal counseling, written
10           counseling or written reprimand is not formal discipline.                      Verbal
11           counseling, written counseling, and written reprimands are not subject to
12           the grievance procedure in Article 6. Employees may utilize the informal
13           grievance process outlined in Sheriff’s Office Policy and Procedure 300.37
14           Such materials are documentation of minor work deficiencies and are
15           appropriately utilized in evaluating the performance of an employee or
16           documenting the adherence to BCSO policies and procedures.
17   B.      Written reprimands will not be considered in determining progressive
18           discipline, provided the employee has not been counseled or disciplined
19           for the same or similar offense during the preceding eighteen (18) months
20           except that it may be cited to document/demonstrate the employee has
21           been previously noticed of substandard performance or conduct
22           deficiency.
23




     36917                                                                                     39
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                                     Article 13 - SAFETY
 2
 3   SECTION 1 – Vehicle Safety
 4           Vehicles used by bargaining unit employees, whether issued to the
 5   employee or not, shall be maintained in a safe operating condition by the Sheriff.
 6
 7   SECTION 2– Safety Committee
 8           The Sheriff shall have a Safety Committee that meets at least quarterly.
 9   The Association will name one (1) bargaining unit member from each respective
10   bargaining unit to serve on such committee. Time spent in attendance and travel
11   to such Committee meetings shall be considered as time worked, when the
12   committee meetings are held during the bargaining unit members’ regular
13   working hours. However, the employee’s attendance shall not unduly hamper
14   the operations of the operations of the employee’s work unit.
15
16   SECTION 3 – Indoor Air Quality
17           It is recognized and understood by the parties that the jail facilities are
18   owned by the Brevard County Board of County Commissioners and not the
19   Sheriff, however, it is further recognized and agreed to that the Sheriff has an
20   obligation to ensure, within the extent of his authority, a safe environment for all
21   employees.     The Sheriff shall bring to the attention of the Board of County
22   Commissioners any significant safety issues that he is aware of that require
23   immediate attention and correction by the County.
24
25
26
27




     36917                                                                                  40
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                                    Article 14 - SENIORITY
 2
 3   SECTION 1 – Definition
 4           For the purpose of this Agreement, “seniority” shall be defined as the
 5   continuous service in the job classification: provided, however, that an employee
 6   shall be considered to have a break in service when the employee separates,
 7   and is not on the Sheriff’s payroll for at least thirty-one (31) calendar days
 8   following the separation except for suspensions, authorized leave without pay,
 9   military leave or return to duty by a civil service, arbitrator or other legal authority.
10
11   SECTION 2 – Seniority Application
12   A.      Vacations shall be scheduled with due regard for the staffing needs of the
13           agency, seniority, as defined above, and bargaining unit employee
14           preference. The Sheriff and the Association understand that there may be
15           times when the needs of the agency will not permit such scheduling.
16   B.      For units that operate on a 24 hour schedule, the shift selection/bidding
17           process shall be scheduled with due regard for the staffing needs of the
18           agency, seniority, as defined above, and bargaining unit member
19           preference. The Sheriff and the Association understand that there may be
20           times when the needs of the agency will not permit such scheduling.
21




     36917                                                                                  41
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                            Article 15 - MANAGEMENT RIGHTS
 2
 3   SECTION 1
 4           It is the right of the Sheriff to determine unilaterally the purpose of each of
 5   its constituent agencies, set standards of service to be offered to the public and
 6   exercise control and discretion over its organization and operations.
 7
 8   SECTION 2
 9           In addition, the Association recognizes that the sole and exclusive rights,
10   powers and authority of the Sheriff shall further include, but are not limited to the
11   following: to direct and manage employees of the Sheriff; to hire, promote,
12   transfer and schedule the shift an employee works and to increase or abolish
13   shifts and rotate shifts; to assign and retain employees; to suspend, demote,
14   discharge or take other disciplinary action against employees for just cause; to
15   relieve employees from duty because of lack of work, funds or other legitimate
16   reasons; to maintain the efficiency of its operations including the right to contract
17   and subcontract existing and future work; to determine the duties to be included
18   in the job classifications and the numbers, types and grades of positions or
19   employees assigned to an organizational unit, department or project; to assign
20   overtime and to determine the amount of overtime required; to control and
21   regulate the use of all its equipment and other property; to establish and require
22   employees to observe all its rules and regulations; to conduct performance
23   evaluations; to determine internal security practices; to establish new jobs; to
24   abolish or change existing jobs and to increase or decrease the number of jobs.
25   The Sheriff’s failure to exercise any right hereby reserved to it or its exercising
26   any right in a particular way shall not be deemed a waiver of its right to exercise
27   such right, nor preclude the Sheriff from exercising the same right in some other
28   way not in conflict with the express provisions of this Agreement.
29
30
31



     36917                                                                                  42
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   SECTION 3
 2           If a civil emergency is declared within the County of Brevard, including but
 3   not limited to riots, civil disorders, hurricane conditions or similar catastrophes,
 4   the provisions of this Agreement may be suspended by the Sheriff during the
 5   time of the declared emergency, provided that wage rates, grievance and
 6   arbitration articles and monetary fringe benefits shall not be suspended. Should a
 7   civil emergency be declared, the Association shall be advised as soon as
 8   possible of the nature of the emergency. Grievances that arise during a declared
 9   emergency shall not be processed nor shall the time frame for filing a grievance
10   begin until the declaration of emergency is withdrawn.
11
12   SECTION 4
13           The above rights of the Sheriff are not all-inclusive, but indicate the type of
14   matters or rights, which belong to and are inherent to the Sheriff in the
15   management capacity of the Brevard County Sheriff’s Office. Any of the rights,
16   powers and authority the Sheriff has prior to entering into this collective
17   bargaining agreement are retained by the Sheriff, except as expressly and
18   specifically abridged, delegated, granted or modified by this Agreement. Those
19   inherent and common law management functions and prerogatives which the
20   Sheriff has not expressly modified or restricted by a specific provision of this
21   Agreement are not in any way, directly or indirectly, subject to the grievance
22   procedure.
23
24   SECTION 5
25           The Sheriff acknowledges that no changes to wages, hours, and terms
26   and conditions of employment may be changed by the Sheriff without meeting all
27   requirements of Federal or Florida Statutes. The Sheriff acknowledges that the
28   language in this Article is not a waiver of any of the Association’s rights under
29   Federal and Florida Statues nor is it a waiver of any employee or group of
30   employees’ rights under Federal or Florida Statutes.
31
32

     36917                                                                                  43
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                                      Article 16 - LEAVE
 2
 3           All leave benefits set forth in BCSO Policies & Procedures, including but
 4   not limited to Family Medical Leave; Annual Leave; Holiday Leave; Sick Leave;
 5   Bereavement Leave; and Worker’s Compensation shall be applicable to all unit
 6   employees and administered in accordance with such Policies & Procedures.
 7
 8   SECTION 1 – Family Medical Leave
 9   A.      The purpose of this section is to adopt required procedures for utilization
10   of Family and Medical Leave in accordance with BCSO Policy & Procedure
11   300.06A, effective December 2005 and the Family and Medical Leave Act
12   (FMLA) of 1993.
13
14   SECTION 2 – Annual Leave
15   A.      Annual leave is provided to BCSO employees for the purpose of rest and
16           relaxation and to reward them for honorable service. Annual leave shall be
17           accrued and used as follows:
18              1. An employee will not be entitled to earn or accrue annual leave
19                  while in any unpaid status, including unpaid suspensions, effective
20                  the first full pay period without pay.
21              2. An employee with at least six (6) months of continuous employment
22                  who separates from the BCSO will be paid for any unused annual
23                  leave at the rate of pay the employee was earning at the time of
24                  separation, up to the maximum accrual limits as defined herein.
25              3. Employees who elect to participate in the Florida Retirement
26                  System (FRS) Deferred Retirement Option Program (DROP) may
27                  choose to receive a lump-sum payment of unused annual leave
28                  upon entering DROP. If an employee chooses a lump sum payment
29                  of annual leave upon entering DROP, up to 500 hours are subject
30                  to FRS contributions. Upon employee separation, the employee is




     36917                                                                                  44
                            “CONFIDENTIAL – Not subject to public disclosure under
                    Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                      entitled to a payment of unused annual leave, up to the maximum
 2                      accrual limits as defined herein.
 3                  4. In the event of the death of an employee, payment for unused
 4                      annual leave will be made to the beneficiary, estate, or as provided
 5                      by law, at the rate of pay the employee was earning at the time of
 6                      death up to the maximum accrual limits as defined.
 7   B.        Procedures
 8                  1. The accrual rates and maximum accrual amounts for annual leave
 9                      are as follows:
10
                                                                                                 MINIMUM
                                                                           MAXIMUM               ANNUAL
                          HOURS           HOURS
          YEARS                                         MAXIMUM          HOURS FOR                LEAVE
                         PER PAY            PER
             OF                                         ACCRUAL            PAYOUT               HOURS THAT
                          PERIOD           YEAR
      SERVICE                                             HOURS              (upon               MUST BE
                         ACCRUAL ACCRUAL
                                                                          separation)           TAKEN EACH
                                                                                                  YEAR
      7 years or             3.69         96 hours      320 hours          280 hours             60 hours
             less           hours
     7 years + 1             5.54        144 hours      360 hours          320 hours             80 hours
      day to 15             hours
          years
     15 years +              7.38        192 hours      400 hours          350 hours             100 hours
      1 day and             hours
          over
11
12             Annual leave earned in excess of the “Maximum Accrual” limits will be
13   used in the calendar year it is earned and any excess hours beyond the
14   “Maximum Accrual” limit will be lost as of March 31st following each calendar
15   year thereafter. However, an employee who submits written notice of his



     36917                                                                                           45
                      “CONFIDENTIAL – Not subject to public disclosure under
              Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   intention to enter the Florida Retirement System (FRS) Deferred Retirement
 2   Option Program (DROP), or who submits written notice of his retirement, will be
 3   allowed to continue to accrue annual leave in excess of the limits outlined above
 4   up to the FRS maximum accrual limit of 500 hours. After an employee enters
 5   DROP, he will be allowed to accrue up to the “Maximum Hours of Accrual” based
 6   on his “Years of Service” with the BCSO.
 7             2. Employees will continue to earn annual leave during any paid leave
 8                of absence. Employees on imposed suspension without pay for a
 9                full pay period or longer will not accrue annual leave during the time
10                served as a suspension.
11             3. Employees are encouraged to use annual leave on a yearly basis.
12                No less than one (1) hour may be used for annual leave purposes.
13             4. In order for management to schedule personnel appropriately,
14                leave requests for vacation time should be submitted seventy-two
15                (72) hours in advance of requested leave. Emergency leave
16                requests will be considered on an individual basis by the respective
17                supervisor. Requests for annual leave may be denied if not
18                submitted in advance as outlined herein or when such absence
19                would seriously impact operations. Leave requests may not be
20                accepted for non-emergency leave if submitted less than 24 hours
21                in advance of requested leave so that supervisors can adequately
22                adjust work schedules.
23             5. If an approved holiday occurs or the employee becomes ill or
24                injured during annual leave, the time off will not be charged to the
25                employee’s annual leave. The employee who is ill or injured may
26                charge the related number of hours to his sick leave balance, if
27                accrued, upon furnishing the appropriate proof of illness or injury
28                (i.e., written physician’s statement).
29             6. An employee will not be paid in place of taking annual leave unless
30                such payment has been specifically authorized by the Sheriff based
31                on operational requirements which prevented an employee from


     36917                                                                                46
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                  taking an approved, scheduled vacation, or in other cases
 2                  determined to be in the best interest of the BCSO. Alternatively, at
 3                  the discretion of the Sheriff, the employee’s vacation may be
 4                  rescheduled.
 5
 6   SECTION 3 – Holiday Leave
 7   HOLIDAY PERIOD – for purposes of holiday compensation, the holiday begins
 8   at Midnight (0000 Hours) and ends at 2359 Hours.
 9   A.      The Sheriff shall grant holiday leave to all employees. Unit members will
10           be compensated for hours actually worked during a holiday. Terminating
11           employees must work a regularly scheduled workday immediately
12           following the “worked” holiday to be eligible for holiday compensation.
13   B.      Employees shall be credited with holiday leave equal to the employee’s
14           actual hours worked at their regular rate of pay for each authorized
15           holiday.
16   C.      Employees required to work on a holiday except for an employee’s
17           birthday shall receive holiday work pay at a rate of time and one half for all
18           hours worked on a holiday. Employees who work on their birthday holiday
19           will receive regular pay and an accrual of the number of regularly
20           scheduled work hours.
21   D.      Recognizing that not all individuals, especially as it pertains to their
22           religious faith, will always place the same importance on the listed
23           holidays, some substitution is permitted. Employees, in accordance with
24           their religious faith, and with immediate supervisory approval so as not to
25           affect operational capabilities, may substitute another holiday instead of
26           Veteran’s Day, Labor Day and/or their birthday. Supervisors must ensure
27           that the employee does not receive both his requested and Sheriff’s
28           authorized holiday(s).
29   E.      When an employee’s normal day off (or regular scheduled day off) falls on
30           an agency recognized holiday the employee will receive the number of his




     36917                                                                                  47
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1           normally scheduled workday (or work shift) hours credited to his Holiday
 2           Leave balance.
 3   F.      The maximum holiday hours accrual limit shall not exceed 110 hours. If
 4           the employee terminates/separates from the Sheriff’s Office, he shall be
 5           compensated for his accrued holiday leave at the straight time pay rate.
 6   G.      For purposes of holiday pay compensation, the employee will receive
 7           holiday pay for only the hours worked during the holiday period.
 8           Employees with M-F operating schedules will utilize the “Observed
 9           Holiday.” Employee assigned to 24/7 shifts will be compensated for the
10           “Actual Holiday”. Employees will not be compensated for both.
11   H.      Employees whose schedule allow them to have the day off during an
12           observed holiday period, and choose to work when not operationally
13           approved by the Precinct or Division Commander, will be compensated
14           based upon their regular straight time pay rate for their normally
15           scheduled work shift.
16   I.      Employees on leave without pay, or leave of absence, shall not be eligible
17           for any holiday pay occurring during their unpaid status. Disciplinary
18           suspensions, except for suspensions related to a criminal incident, shall
19           not be imposed on designated holidays.
20                           i. When a holiday occurs during an employee’s annual
21                              leave or sick leave, the absence will be charged to
22                              holiday leave instead of annual or sick leave, but not
23                              instead of disability leave (injury on duty).
24
25
26
27
28
29
30




     36917                                                                                  48
                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   K.      The Sheriff shall grant eleven (11) holidays during the year to unit
 2           employees, which shall include:
 3
 4
 5                                 2009 (Remaining) Holidays
 6
 7           Actual Holidays                                                           Observed Holidays
                                                    th                                                               th
 8   Veteran’s Day, Sunday, November 11                                 Veteran’s Day, Monday, November 11
                                                              th
 9   Thanksgiving Day, Thursday, November 26                            Thanksgiving Day, Thursday, November 26th
                                                                   th                                                                th
10   Day After Thanksgiving, Friday, November 27                        Day After Thanksgiving, Friday, November 27
                                                         th                                                                th
11   Christmas Eve, Thursday, December 24                               Christmas Eve, Thursday, December 24
                                                   th                                                            th
12   Christmas Day, Friday, December 25                                 Christmas Day, Friday, December 25
13   Employee’s Birthday                                                Employee’s Birthday
14
15                                                        2010 Holidays
16
17           Actual Holidays                                                   Observed Holidays
                                              st                                                            st
18   New Year’s Day, Friday, January 1                                  New Year’s Day, Friday, January 1
                                                         th
19   Martin Luther King, Monday, January 18                             Martin Luther King, Monday, January 18th
                                    st                                                                st
20   Memorial Day, Monday, May 31                                       Memorial Day, Monday, May 31
                                              th                                                                th
21   Independence Day, Sunday, July 4                                   Independence Day, Monday, July 5
                                         th                                                                th
22   Labor Day, Monday September 6                                      Labor Day, Monday, September 6
                                                         th                                                                th
23   Veteran’s Day, Thursday, November 11                               Veteran’s Day, Thursday, November 11
                                                              th                                                                th
24   Thanksgiving Day, Thursday, November 25                            Thanksgiving Day, Thursday, November 25
                                                                   th                                                                th
25   Day After Thanksgiving, Friday, November 26                        Day After Thanksgiving, Friday, November 26
                                                   th                                                                th
26   Christmas Eve, Friday, December 24                                 Christmas Eve, Friday, December 24
                                                         th                                                               th
27   Christmas Day, Saturday, December 25                               Christmas Day, Monday, December 27
28   Employee’s Birthday                                                Employee’s Birthday
29
30
31   SECTION 4 – Sick Leave
32
33           Sick leave is granted to all employees for those periods of time when an
34   employee is unable to report to work due to personal illness/injury or illness/injury
35   of an immediate family member.
36


     36917                                                                                                                           49
                          “CONFIDENTIAL – Not subject to public disclosure under
                  Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   DEFINITIONS
 2   ACCUMULATED SICK LEAVE – the number of hours of sick leave time that an
 3   employee has accrued from the employee’s date of hire.
 4   IMMEDIATE FAMILY MEMBER – is defined, for purposes of sick leave usage,
 5   as the employee’s spouse, children, parents, grandparents, or grandchildren of
 6   either the employee or his spouse.
 7   SICK LEAVE – time off with pay, deducted from the employee’s accumulated
 8   sick leave, due to an employee’s illness/injury or illness/injury of an immediate
 9   family member.
10
11   A.        PROCEDURES
12                 1. All employees shall accrue sick leave from the date of initial
13                    employment.
14                 2. The accrual rate for sick leave for unit members is as follows:
15
              YEARS OF
              SERVICE              HOURS PER              HOURS PER             MAXIMUM LIMIT
                                   PAY PERIOD                  YEAR
          from date of hire
      through completion
                                     3.69 hours              96 hours                   None
             of 10 years of
       continuous service
       beginning the 11th
       year of continuous            4.62 hours             120 hours                   None
                service
16
17                 3. Employees will continue to earn sick leave during any paid leave of
18                    absence. Employees on imposed suspension without pay for a full
19                    pay period or longer will not accrue sick leave during the time
20                    served as a suspension.




     36917                                                                                     50
                     “CONFIDENTIAL – Not subject to public disclosure under
             Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1           4. The minimum period of absence, which can be charged to sick
 2               leave, is one hour. Sick leave absence in excess of one hour will be
 3               rounded off to the nearest half hour.
 4           5. If an employee becomes ill or injured during an authorized annual
 5               leave, the time off due to the illness or injury may be charged to the
 6               employee’s accrued sick leave. If a holiday observed by the BCSO
 7               occurs while an employee is on paid sick leave, the employee’s
 8               sick leave balance will not be charged on the holiday(s). This
 9               applies only to the employee’s own illness/injury and does not apply
10               to illness/injury of a family member occurring during the employee’s
11               leave/holiday. Medical verification of illness/injury may be required.
12           6. When an employee’s absence is for his own serious condition or
13               the serious health condition of his spouse, child or parent, pursuant
14               to the provisions of the Family Medical Leave Act (FMLA), there is
15               no holiday payment during any unpaid portion of the leave.
16           7. If events occur while an employee is on approved sick leave, which
17               qualify for bereavement leave, the time off work for such
18               bereavement leave purposes shall be charged as bereavement
19               leave.
20           8. An employee who is ill or injured (or who is absent due to illness of
21               an immediate family member) may charge the related number of
22               hours to his accrued sick leave balance, upon furnishing
23               appropriate proof of illness/injury, if requested by supervision.
24           9. If an employee’s absence exceeds three (3) consecutive workdays
25               and is for his own serious health condition or the serious health
26               condition of the employee’s child, spouse, or his own parent(s), as
27               defined by the FMLA, the employee may request Family Medical
28               Leave (FML). If the employee does not request FML by the
29               fourteenth (14) day of absence, the Sheriff’s Office will immediately
30               impose Family Medical Leave.
31           10. Permitted Uses of Sick Leave


     36917                                                                               51
                     “CONFIDENTIAL – Not subject to public disclosure under
             Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1           (a) Legitimate illness/injury of employee or immediate family member
 2           (b) To supplement workers’ compensation wage benefits in the event
 3               of   a    compensable       on-the-job     injury/accident,     provided    the
 4               combined income from workers’ compensation wage benefits and
 5               sick leave does not exceed 100% of the employee’s regular gross
 6               pay.
 7           (c) Medical, dental, psychological, optical, chiropractic or Employee
 8               Assistance      Program       (EAP)      appointments,        treatments,    or
 9               examinations of employee/immediate family member when it is not
10               possible to arrange appointments during off-duty hours.
11           (d) For approved Family Medical Leave for the serious condition of the
12               employee or the employee’s spouse, child or parent, which
13               exceeds three (3) consecutive workdays.
14           11. Proof Of Illness/Injury and Notification Requirements
15           (a) It is the employee’s responsibility to personally notify supervision
16               (unless incapacitated) no later than two hours prior to the beginning
17               of the work shift if the employee will be absent due to illness/injury.
18               It is the employee’s responsibility to report in this manner for each
19               day of absence due to illness/injury unless the employee receives
20               prior authorization, as in the case of an extended, verified illness of
21               a Family Medical Leave for a serious health condition.
22           (b) If the employee’s absence is five (5) or more consecutive work
23               shifts or days, medical verification of the condition from a physician
24               is required in order to receive sick leave benefits.
25           (c) A physician’s statement may also be required for any employee
26               who:
27                    (1) Takes excessive sick leave, either on separate days or on
28                        continuous days in any given time period;
29                    (2) Demonstrates a pattern of absenteeism;
30                    (3) Calls in sick on a day or days when vacation leave was
31                        previously denied;


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                     “CONFIDENTIAL – Not subject to public disclosure under
             Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                   (4) Routinely requests to take sick leave as soon as it is accrued
 2                       (i.e., one day at a time as soon as it is earned); or
 3                   (5) Is frequently absent the day before a scheduled day off
 4                       and/or holiday.
 5           12. Sick leave charged following an employee’s notice of resignation
 6               and occurring prior to the date of termination must be verified by a
 7               physician’s statement certifying the illness/injury in order for the
 8               employee to be compensated from his accrued sick leave balance.
 9           13. Any employee absent from work due to medical reasons (i.e.,
10               surgery, worker’s compensation injury, disability, or an off-duty
11               injury) for more than five (5) working days must submit a
12               physician’s release to the Personnel Manager verifying the
13               employee’s ability to return to duty without restriction(s) prior to
14               resuming his assigned duties.
15   14.         Frequent and/or excessive absences charged to sick leave without
16               medical verification, but which hinders operations, impedes work
17               flow, or creates other adverse operational impact; evidence of
18               malingering; a pattern of sick leave usage (i.e., Mondays, Fridays);
19               use of sick leave for false claims of illness/injury; falsification of
20               proof to receive payment of sick leave; and/or failure to comply with
21               this Article governing sick leave; may result in denial of sick leave
22               pay and/or disciplinary action, including dismissal.            15.     The
23               number of times you used sick leave in a year will not be just cause
24               to discipline or for a low rating on an evaluation without proof of a
25               violation of the reasons listed in section 14 above.
26               16. Payment of accrued sick leave upon separation from
27               employment will be as follows and consistent with BCSO Policy and
28               Procedure 300.06D:
29           a. Employees who terminate employment during their new hire
30               probationary period or employees who do not separate in good




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                     “CONFIDENTIAL – Not subject to public disclosure under
             Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1               standing will not be eligible for payment of any portion of unused
 2               sick leave.
 3           b. Employees who have between 1 to 5 years of service to the
 4               agency and who properly resign, are laid off, or otherwise separate
 5               in good standing subsequent to conclusion of original new hire
 6               probationary period will be paid for 20% of accrued sick leave
 7               balance at their hourly rate of pay at the time of separation, not to
 8               exceed 230 hours paid.
 9               c. Employees who have six years or more of service to the
10               agency and who resign, are laid off, or otherwise separate in good
11               standing, will be paid 30% of accrued sick leave, not to exceed 346
12               hours paid.
13               d. Upon the death of an employee who has completed his/ her
14               original new hire probationary period, but less than six years of

15               service, the employee’s legal beneficiary shall be paid 20% of their

16               accrued sick leave balance, not to exceed 230 hours paid.
17               e. Upon the death of an employee who has completed six years of

18               service or more, the employee’s legal beneficiary shall be paid 50%

19               of their accrued sick leave balance.
20               f. Upon the death of an employee, which occurs in the line of duty,

21               the employee’s legal beneficiary shall be paid 100% of their

22               accrued sick leave balance.
23
24               g. Eligible employees who elect to participate in the FRS Deferred
25               Retirement option Program (DROP) may choose to receive a lump
26               sum payment of 50% of accrued sick leave upon commencement
27               of participation in DROP or, alternatively, upon termination from
28               DROP.      If the payment of accrued sick leave is elected at the
29               beginning of participation in DROP, the employee shall be paid for



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             Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1               any remaining accrued sick leave upon separation from DROP
 2               based on the limitations herein.
 3           h. Employees who meet the requirements for retirement under FRS
 4               and retire in good standing with the Sheriff’s Office shall be paid
 5               50% of all accrued leave.
 6           17. An employee who does not use any unapproved sick leave for a
 7               one-year period beginning December 1st and ending November 30th
 8               is entitled to earn a $200.00 bonus. An Employee who believes he
 9               meets this criterion must submit a request via e-mail to the
10               Accounting Division requesting the bonus. The Accounting Division
11               must receive the request for the bonus consideration by December
12               15th of each respective year. If an employee has used approved
13               sick leave during that year, he must submit a copy of the approved
14               sick leave request(s) with his bonus request.
15               a.      Approved sick leave is defined as the use of accrued sick
16                       leave submitted for supervisory approval at least 14 days
17                       prior to use.
18               b.      An employee utilizing more than 16 hours of approved sick
19                       leave during the proscribed yearly period is not entitled to
20                       the $200.00 cash benefit.
21
22   B. Voluntary Donations To Sick Leave
23           (a) Donations may be given to a needy employee’s sick leave bank
24               from another employee’s accrued annual, sick, compensatory,
25               holiday banks on an hour for hour basis.
26           (b) Voluntary leave donations may be made under the following
27               conditions:
28                    (1) All accrued leave banks of the employee receiving the
29                       donation have been exhausted;
30                    (2) The employee receiving the donation must need a minimum
31                       of one half of a pay period (40 hours);


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                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                      (3) The employee receiving the donation must not have abused
 2                          sick leave in the past, evidenced by adherence to the sick
 3                          leave Policy & Procedure and the supervision approving
 4                          signature on the application for voluntary donated leave
 5                          credits;
 6                      (4) A certification of medical condition, completed by the treating
 7                          physician must be supplied to the Personnel Office.
 8
 9
10       B. Light Duty Assignments
11           (a) Employees with off the job injuries or illnesses (non-work related) have
12              the option to request a light duty assignment for a period of up to sixty
13              (60) working days. Light duty assignments may be authorized with the
14              approval of the Chief Deputy and/or Chief Administrative Officer.
15           (b) Medical clearance by the treating physician must be submitted to the
16              Personnel Office prior to beginning a light duty assignment.
17           (c) If the employee is assigned a department issued vehicle, the employee
18              will not use the assigned vehicle during the sixty (60) day light duty
19              assignment or any portion of the leave period without receiving medical
20              clearance to operate a motor vehicle by the treating physician and
21              approval from Chief Administrative Officer. The clearance must be
22              submitted in writing to the Personnel Office via the employee’s chain of
23              command prior to the use of the vehicle during the light duty
24              assignment or associated leave period.
25
26   SECTION 5 – Bereavement Leave
27           The Sheriff’s Office will provide bereavement leave in the event of the
28   death of a member of an employee’s immediate family member for periods of
29   bereavement and/or attending the funeral.
30   IMMEDIATE FAMILY MEMBER - for purposes of this Article, is defined as
31   spouse, children or stepchildren; and parents/stepparents, brothers, sisters,
32   grandparents and grandchildren, of employee or employee’s spouse.


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 1   A.      In the event of the death of an employee’s immediate family member, the
 2           employee may be granted up to five (5) workdays paid bereavement leave
 3           upon approval of supervision. This leave shall not be deducted from the
 4           employee’s accrued annual, holiday, sick leave or compensatory time.
 5   B.      Leave requested by the employee beyond the five (5) workdays may be
 6           charged to the employee’s accrued sick leave balance. If the employee
 7           has insufficient sick leave, the absence may be charged to accrued annual
 8           leave, if available. If the employee has neither sick nor annual leave, the
 9           absence will be unpaid. Employees are allowed a total absence of seven
10           (7) workdays (including the 5 days paid bereavement leave) for
11           bereavement purposes, unless additional absence is authorized by the
12           Sheriff. Such additional absence for bereavement will be charged to
13           accrued leave balances in the same order.
14   C.      Any additional time for absence, which is not coincident with the death,
15           needed for matters such as out-of-state trip of settlement of an estate,
16           grief counseling, etc, if needed, may be approved and will be charged to
17           annual leave.
18   D.      Supervision may require submittal of proof of death and/or verification of
19           relationship (i.e., newspaper obituary notice, death certificate, etc.) in
20           order to approve bereavement leave.
21
22   SECTION 6 – Military Leave
23   A.      Unit employees on military leave are covered under the Uniformed
24           Services and Reemployment Act. For combat or wartime related
25           activation, the BCSO shall pay an employee’s salary for the first thirty (30)
26           days of military leave. After the first thirty (30) days of this activation,
27           should the employee receive a loss in compensation to an amount less
28           than their normal Sheriff’s Office salary due to a lower military base pay,
29           the Sheriff’s Office shall pay the difference for up to twenty-four (24)
30           months of military activation.




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                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   B.      Education incentive and/or longevity pay shall continue but are included in
 2           the calculation of the employee’s BCSO base pay for purposes of
 3           determining whether supplemental pay is due.
 4   C.      Assignment incentive pay will not be compensated as these pays are
 5           based on physical functions of specific jobs.
 6
 7
 8
 9
10   SECTION 7 – Leave Without Pay
11           Leave without pay for a period of up to one (1) year, may be granted by
12           the Sheriff.
13   A.      The employee shall request leave without pay, submitted in writing to the
14           Sheriff at least thirty (30) calendar days prior to the starting date of the
15           leave.
16   B.      An employee incapacitated because of injury or physical or mental illness
17           may, with approval of the Sheriff, be placed on leave without pay until
18           such time as the employee is medically cleared by a physician to return to
19           work, but under no circumstances will be authorized for a period of more
20           than one (1) year.
21   C.      An employee who is on a leave of absence without pay authorized by the
22           BCSO and returns to work within the one (1) year period shall be deemed
23           to have continuous service in the previous classification.
24




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                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                Article 17 - PERSONAL PROPERTY - LOSS/DAMAGE
 2
 3   SECTION 1 – Personal Property Loss/Damage
 4   A. Purpose
 5           The Florida Sheriff's Association Programs do not provide any coverage or
 6           reimburse for personal property lost or damaged while the employee is on
 7           duty. The purpose of this section is to provide some reimbursement to
 8           those on duty personnel suffering a loss.
 9   B.      It shall be the policy of the Brevard County Sheriff’s Office, upon review,
10           discretion and approval of the Sheriff or his designee, to reimburse on-
11           duty employees for loss or damage to personal property sustained in the
12           performance of their assigned tasks.
13   The following items of personal property are reimbursable up to the following
14   amounts:
15
16   Watch                                                                          $75
17   Prescription Glasses (Inclusive of any required eye exam)                      $300
18   Sunglasses                                                                     $75
19   Boots / Shoes                                                                  $100
20   Personal Cellular Phone                                                        $75
21   Civilian Clothing damaged during the course of duties: Maximum                 $150
22           Other items may be considered for reimbursement based upon the
23   damage or loss as determined by the Sheriff. Reimbursement will not be made
24   in situations where insurance and / or workers compensation has reimbursed the
25   loss.
26
27   SECTION 2 – Procedures
28        On duty personnel whose personal property is lost or damaged may
29   submit a request to the Sheriff for reimbursement consideration.
30           The employee shall complete a Lost/Damaged/Stolen Property Report
31   (DMS: CLU6) detailing the circumstances under which the property was lost,
32   damaged, destroyed, or stolen.


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                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1           The report, a memorandum requesting reimbursement, and a receipt
 2   documenting the purchase and replacement of the damaged or lost property will
 3   be forwarded to the employee’s commanding officer, via chain of command.
 4           The Sheriff will have the final authority in determining the validity of the
 5   requests for reimbursement.
 6           The Sheriff will have the final authority in determining the amount of
 7   reimbursement.
 8           If the Sheriff decides to award reimbursement, the employee’s
 9   commanding officer will complete an online requisition and forward the
10   Lost/Damaged/Stolen Property Report along with the receipt to the Accounting
11   Unit for a reimbursement check to be issued to the employee suffering the loss.
12   A receipt for the replacement item must accompany the Lost/Damaged/Stolen
13   Property Report (reimbursement is made only after an item has been replaced).
14   Personnel are cautioned to use discretion in the decision to wear expensive
15   jewelry, glasses, etc.
16




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 1                    Article 18 - EDUCATIONAL ASSISTANCE PLAN
 2
 3   SECTION 1 – Objective
 4        For the purpose of improving the level of service rendered to the citizens
 5   of Brevard County, and to encourage the continued education of Brevard County
 6   Sheriff Office employees.
 7   A.      To qualify for assistance, courses (including correspondence courses)
 8           must be from State operated institutions or licensed by either the Florida
 9           Department      of    Education,    Board     of    Independent      Colleges   and
10           Universities,        or    Board        of      Independent         Post-Secondary
11           Vocations/Technical/Trade and Business Schools, and accredited by the
12           Southern Association of Colleges and Schools, another regional
13           accrediting agency or the Accrediting Council for Independent Colleges
14           and Schools.
15   B.      Course work must be directly related to the duties of an employee’s
16           current position or must directly enhance the knowledge, skills, and
17           abilities relating to the official duties within the career tracks related to
18           positions within the Brevard County Sheriff's Office. Tuition reimbursement
19           will be limited to one degree in each discipline (1 associates degree; 1
20           bachelors degree, and 1 masters degree), unless the unit member is
21           enrolled in a dual degree process where both degrees are attained at the
22           same time.
23   C.      Courses that will not be considered include: training courses, seminars,
24           workshops, preparatory/refresher courses, other continuing education
25           courses offered at a criminal justice institute, or other training that is
26           otherwise funded by the Sheriff's Office.
27   D.      At least one-year of continuous employment with the BCSO is required,
28           immediately preceding the first day of class for which tuition assistance is
29           requested; i.e., an employee must have one year of continuous
30           employment with BCSO prior to participating the Educational Assistance
31           Program.



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                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   E.      Any employee who participates in the Educational Assistance Program
 2           incurs a mandatory two-year employment commitment to the BCSO from
 3           the date of reimbursement for the last class completed. Employees who
 4           separate from employment for any reason other than disability, within the
 5           two (2) year period will be required to reimburse the BCSO for all costs
 6           expended for participation in the Educational Assistance program during
 7           the two year time period prior to the separation. The reimbursement may
 8           be collected from any final compensation due to the employee upon
 9           termination or, alternatively, the Sheriff's Office may institute a civil action
10           to collect any costs that are not reimbursed by the employee.
11   F.      In accordance with the provisions of F.S. 943.16, employees who are
12           authorized by the Sheriff to attend an FDLE certified criminal justice
13           training center for the purpose of obtaining certification as a sworn officer
14           must remain in the employ of BCSO for at least one year subsequent to
15           the completion of the training program. If the employee voluntarily
16           terminates employment within one year, he will be required to reimburse
17           the Sheriff's Office for all costs expended for participation in the Law
18           Enforcement Academy. The reimbursement may be collected from any
19           final compensation due to the employee upon termination or, alternatively,
20           the Sheriff's Office may institute a civil action to collect any costs, which
21           are not reimbursed by the employee.
22   G.      Generally, approval for educational assistance/tuition reimbursement is
23           made only to employees who are actively at work and on the payroll.
24           Approval for educational assistance/tuition reimbursement for employees
25           on any kind of leave of absence is solely at the discretion of the Sheriff.
26   H.      Reimbursements for tuition pursuant to educational assistance programs
27           will be in accordance with the provisions of the Internal Revenue Code.
28   I.      No employee will receive tuition reimbursement greater than actual
29           expenditures paid by the employee. Employees receiving assistance from
30           another source separate and apart from the Brevard County Sheriff’s




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                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1           Office will be reimbursed only in proportion to the total amount of tuition
 2           paid by the employee and not reimbursed from another source.
 3   J.      With the approval of the Sheriff or his designee, Personnel with assigned
 4           vehicles may use their vehicles to attend schools or courses that are
 5           considered for educational assistance/tuition reimbursement; provided,
 6           however, that employees using such vehicles must document and report
 7           the mileage used for such travel, and that it may be considered taxable
 8           income.
 9   K.      Employees are not permitted to attend courses that are considered for
10           educational assistance/tuition reimbursement, which does not include:
11           training courses, seminars, workshops, preparatory/refresher courses,
12           other continuing education courses offered at a criminal justice institute, or
13           other training that is otherwise funded by the BCSO, while on a paid or on-
14           duty status.
15
16   SECTION 2 – Procedure
17   A.   To request tuition reimbursement approval, the employee shall submit a
18           completed College Tuition, Assistance Agreement Form (PER 2 effective
19           07/2007) to the Division Commanding officer no later than ten (10) days
20           following the first day of class(es) for which tuition is requested. The
21           Division Commander will give approval or disapproval for tuition
22           reimbursement requests and courses of study.                  Upon approval, the
23           application and supporting documents will be sent to the Personnel
24           Manager. If the course is disapproved, the reason(s) for disapproval will
25           be documented on the form and sent to the Personnel Office.
26   B.      A copy of proof of registration for the course(s) must be attached to the
27           College Tuition Assistance Agreement Form. Failure to complete and
28           attach all necessary documents will result in disapproval of the application.
29
30
31
32
33   SECTION 3 – Tuition Reimbursement


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                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1   A.      The employee is eligible for reimbursement of tuition after completion of
 2           the approved course(s). The employee must provide the Personnel
 3           Manager with a certification of successful course completion, grade(s)
 4           earned, a receipt for tuition paid, and a material requisition for payment.
 5           Reimbursement requests will be made no later than 35 days after
 6           completion of the course(s). The Personnel Manager will review the
 7           certification package and, if approved, forward the package to the
 8           Accounting Unit for payment.
 9   B.      Tuition reimbursement shall be limited to a maximum of $ 3,000.00 per
10           fiscal year per employee. Tuition reimbursement is for undergraduate and
11           graduate level courses to include required laboratory fees, if applicable,
12           and shall not pertain to doctoral degrees, juris doctoral, or required course
13           materials such as books, activity fees, parking fees or any other expense.
14   C.      After presenting proof of successful completion of course work, the
15           employee is eligible for reimbursement of tuition paid.                   Successful
16           completion of course work is defined as having earned a grade of "C" or
17           better on an alphabetic scale or the equivalency on a numeric scale, or a
18           grade     of    "passing"      or    "satisfactory"     on     a     "pass/fail"   or
19           “satisfactory/unsatisfactory" grading system.
20   D.      Reimbursement will be based on the following schedule:
21                   Letter grade A         100%
22                   Letter grade B         90%
23                   Letter grade C         75%
24                   Pass                   100% (pass/fail grading)
25                   Satisfactory           100% (satisfactory/unsatisfactory grading)
26




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                        “CONFIDENTIAL – Not subject to public disclosure under
                Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1                       Article 19 - JOB-CONNECTED DISABILITY
 2
 3   SECTION 1 – Full-Pay Status
 4           An employee who sustains a job-connected disability shall be carried in
 5   full-pay status consistent with BCSO Policy and Procedure 300.09, effective
 6   4/10/07.
 7   SECTION 2 – Alternate Duty
 8   A.      Where an employee is eligible for disability leave with pay under Worker's
 9           Compensation benefits as a result of an injury in the line of duty, and is
10           temporarily unable to perform his normal work duties, the Sheriff or his
11           designee shall give due consideration to any request by the employee to
12           be temporarily assigned substitute duties within the employee's medical
13           restrictions. This shall have no effect on the Sheriff's ability to make a
14           different assignment based upon current medical opinion.
15   B.      Where an employee is temporarily unable to perform his normal work
16           duties, but is given a reasonable prognosis to return to full duty within the
17           near future, the Sheriff or his designee shall give due consideration to any
18           request by the employee to be temporarily assigned duties within the
19           employee's medical restrictions. This shall have no effect on the agency's
20           ability to make a different assignment based upon the current medical
21           opinion.
22        C. Where an employee suffers an injury in the line of duty, and is
23           permanently unable to perform his normal work duties, the Sheriff or his
24           designee shall attempt to reasonably accommodate any written request by
25           the employee to be assigned to a different vacant position in a different
26           classification within the employee's medical restrictions.
27   SECTION 3 – Treatment for Injuries
28           Upon a bargaining unit members’ return to duty from a job related injury,
29   all medical related appointments and/or treatments that occur during normal
30   working hours shall be charged to employees accrued sick leave balances (or
31   other accrued leave if sick leave is not available). Bargaining unit members shall


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                     “CONFIDENTIAL – Not subject to public disclosure under
             Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


1   make every effort to schedule medical related appointments and/or treatments
2   during non-working hours so as to minimize disruption to the operation.
3




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 1                 Article 20 - WORKDAY, WORKWEEK AND OVERTIME
 2
 3   PURPOSE
 4           The purpose of this Article is to outline the rules regarding the
 5   compensation of personnel for hours worked in excess of the designated 14-day
 6   pay period cycle in accordance with the provisions of the Fair Labor Standards
 7   Act (FLSA).
 8
 9   DEFINITIONS
10       A. COMPENSATORY TIME - hours accumulated by employees in lieu of
11           monetary compensation for time worked in excess of scheduled duty
12           hours.
13       B. PAID OVERTIME - monetary compensation or compensatory time paid to
14           employees for time worked in excess of 40 hours in designated workweek.
15       C. F.L.S.A. - the Fair Labor Standards Act, a federal law that establishes the
16           standard for work hours and compensation regulations for employees
17           whose positions are considered non- exempt.
18       D. ACTUAL HOURS WORKED - includes only hours physically on the job.
19           Holidays, sick leave, compensatory time, emergency/bereavement leave,
20           military leave, Association leave and/or annual leave taken during a work
21           period are not considered actual hours worked for the purpose of overtime
22           computation.
23       D. OVERTIME EXEMPT PERSONNEL- employees who are in positions that
24           are exempt from the provisions of the FLSA; accordingly exempt
25           employees do not receive overtime compensation.
26       E. NON-EXEMPT EMPLOYEES - employees who are in positions governed
27           by the FLSA; accordingly, non-exempt employees receive overtime
28           compensation in accordance with the provisions of the FLSA.
29       F. DESIGNATED WORK WEEK - Saturday through Friday, as outlined on
30           the time sheet.
31



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                          “CONFIDENTIAL – Not subject to public disclosure under
                  Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”


 1
 2   SECTION 1 – Overtime
 3           A.       Beginning with the first full pay period starting after July 1, 2008, all
 4   hours worked in excess 40 hours (including any leave used except sick leave) in
 5   an established seven (7) day designated work week shall be considered overtime
 6   and shall be compensated by payment at time and one half the employee’s
 7   regular rate of pay, or, at the employee’s option, compensatory leave equal to
 8   one and one half times the number of hours worked, within the caps established
 9   within this Agreement.
10
11   SECTION 2 – Compensatory Time
12           A.       Employees may elect to have the overtime hours credited as
13   compensatory leave, the overtime hours will be for each hour of overtime
14   worked. In order to accumulate compensatory time in lieu of paid overtime, the
15   employee must have completed the Compensatory Time Off Agreement (Form
16   #300.08F effective 2/2007). If the Compensatory Time Off Agreement (Form
17   #300.08F) is not completed overtime hours will be paid to the employee. An
18   employee will only be permitted to accumulate a maximum of one hundred (100)
19   hours of compensatory time; i.e. sixty (60) hours worked which is accrued at a
20   one and one-half rate.
21           B.       (1)     Payment of compensatory time balance - upon termination
22   of employment or upon transfer to or from an exempt position within the BCSO,
23   employees will receive payment of their accrued compensatory time balance at
24   straight time up to the maximum accrual limit as defined herein. The
25   compensatory leave shall be paid to the employee at the rate of pay the
26   employee was earning at the time of separation or transfer.
27                    (2)     Beginning September 1, 2009 and each year thereafter, and
28   subject to funding availability as determined by the Sheriff, each employee will
29   allowed a one-time lump sum payment of up to twenty (20) hours of
30   compensatory time from their accumulated compensatory time balance.




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 1   Payment will be made the employee’s regular rate of pay on the last paycheck in
 2   September and will not impact any compensation for overtime hours worked.
 3           C.       Employees desiring to use compensatory leave should request
 4   permission at least 72 hours in advance to allow supervision the sufficient time to
 5   appropriately schedule personnel. Compensatory leave must be used in
 6   increments of at least one (1) hour.
 7           D.       In recognition of the need for supervisors to assign, on occasion,
 8   overtime exempt personnel to perform work in excess of 80 hours in the standard
 9   two week work period, employees in such positions are authorized to accumulate
10   compensatory time, on a straight time (hour for hour) basis, for time worked in
11   excess of 80 hours worked in a standard two week work period. The maximum
12   compensatory balance that can be accumulated is 90 hours. The accumulated
13   compensatory time may be used for purposes of an occasional day off for rest
14   and relaxation.       Overtime exempt personnel are not entitled to be paid for
15   overtime for any hours worked in excess of the regularly scheduled workweek.
16   Under declared emergency conditions overtime exempt personnel may be paid in
17   accordance with Policy and Procedure 300.08 Section D effective 03/2006.
18
19   SECTION 3 – Normal Work Schedule
20           A.       The Sheriff, may require an employee to split a workday into two or
21   more segments where it is operationally necessary to accomplish the mission of
22   the BCSO and the employee agrees to do so.
23           B.       All which are in operation on the date of ratification of this
24   Agreement, shall continue to be worked for the term of this Agreement; provided,
25   however, that during the term of this Agreement, work schedules for employees
26   may be permanently changed by the Sheriff if he elects to do so, and a majority
27   of those employees directly impacted by the permanent schedule change agree
28   by majority vote. The Sheriff shall notify the Association of any intended schedule
29   changes, in writing, at which time, the Association has fourteen (14) days to
30   conduct an election of the impacted employees as identified by the Sheriff and
31   notify the Sheriff of the election results. Failure to submit the election results to


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 1   the Sheriff in writing by the Association within the specified time limit shall be
 2   deemed to be an acceptance of the Sheriff’s schedule decision. This provision
 3   may be waived by mutual agreement of the parties and does not apply to
 4   assignment decisions to include specialty assignment and assignment
 5   schedules, which can be imposed by the Sheriff without a vote of the affected
 6   members and is not subject to the grievance procedure, set forth in this
 7   Agreement.
 8           C.       Time spent by employees attending roll call, fueling or otherwise
 9   maintaining an assigned agency vehicle, during their regularly designated work
10   shift, shall be considered time worked for purposes of determining overtime.
11           D.       The Sheriff may identify the need for a temporary schedule(s) that
12   will last no longer than one-hundred twenty (120) days to address special
13   circumstances and/or emergency or community concern issues; such as early
14   out schedules, holdover schedules, or schedules to address an increase in crime
15   in particular areas at particular times, and mass arrests or critical incidents such
16   as an escape or riot. In the case of such need, when reasonably feasible the
17   Sheriff or his designee shall provide 14 days notice to the Association and
18   affected employees of such temporary schedule changes. These temporary
19   schedule changes can be imposed by the Sheriff without an impacted employee
20   vote as long as the Association has been notified of the intended change, and
21   the change does not last longer than one-hundred twenty (120) days.
22
23   SECTION 4 – Pay Period
24           The Pay Period shall begin on Saturday at 00:00 hours and continue for
25   fourteen (14) consecutive days until Friday 23:59 hours.
26
27   SECTION 5 – Declared Emergency Conditions
28           A.       When an emergency condition has been declared by the Sheriff,
29   where employees in all precincts/divisions/offices performing non-essential
30   functions on a county-wide basis are granted paid administrative leave by the
31   Sheriff to return home, those employees required to work during the emergency



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 1   conditions, in lieu of the paid administrative leave, shall receive compensatory
 2   time, for all normally scheduled hours worked (hour for hour basis) in which non-
 3   essential employees are granted paid administrative leave and in addition be
 4   paid as follows:
 5                     1.      Employees shall be paid at time and one-half for all hours
 6            worked during the declared emergency conditions, as established by the
 7            Sheriff.
 8            B.       Employees who are required to work during the recovery effort
 9   period, as established by the Sheriff, will be paid time and one half for all hours
10   worked during the recovery effort period.
11            C.    Employees who are on a pre-approved leave or a regularly scheduled
12   day off during the declared emergency period are not eligible for administrative
13   leave.
14
15   SECTION 6 – Flex Time
16            Flex time shall only be utilized where mutually agreed to between the
17   employee and his supervisor.
18




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 1            Article 21 - COURT APPEARANCES, ON-CALL AND RE-CALL
 2
 3   SECTION 1 – Court Appearances
 4   A.      Except as provided herein, the Sheriff and the Association agree that time
 5           spent in traveling to and from job related court related appearances as
 6           well as attending such appearances shall be considered as time worked.
 7   B.      If an employee is subpoenaed to appear as a witness in a job-related
 8           court case, not during the employee’s regularly assigned work hours, the
 9           employee shall be credited for actual time worked, or a minimum of two
10           (2) hours, whichever is greater.
11   C.      An employee who is required by subpoenas, not during the employee’s
12           regularly assigned work hours, to appear more than once during a day will
13           receive an additional two (2) hour minimum as long as the second
14           subpoena requires the bargaining unit member’s appearance one hour or
15           more from the release from the first subpoena. If it is less than one hour
16           from the release from the first subpoena then it will be paid as continuous
17           time. This provision is limited to two (2) appearance minimums daily.
18
19   SECTION 2 – Call-Back Time
20   A.      Employees who have left the work place and who are ordered or
21           otherwise directed to physically return to work more than one hour after
22           completing their scheduled shifts shall be paid a minimum of two (2)
23           hours. Employees physically called back to work less than one hour after
24           completing their scheduled shifts shall be paid for all time commencing
25           from the completion of their previously completed shift, except in those
26           circumstances described in section B. This section shall also apply when
27           an employee is required to provide a statement to an investigative unit at a
28           time which begins more than two (2) hours before his scheduled shift or
29           more than one (1) hour after his scheduled shift is completed.
30   B.      This provision shall not apply in those instances when the call-back time
31           commences two (2) hours or less prior to, or runs continuously with, the


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1           employee’s regular shift or where the employee is physically called back

2           to work to correct his own error or omission which cannot wait until the

3           employee’s next shift. In such instances, the employee shall be

4           compensated for such time worked at the appropriate rate.
5
6
7
8




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 1                                        Article 22 - WAGES
 2
 3           A.       During the fiscal year 2009-2010, all bargaining unit members who
 4   are not covered by a step plan shall not receive any adjustment in salary.
 5           B.       For fiscal year beginning October 1, 2009, all bargaining unit
 6   members who are covered by a step plan shall receive the annual step increase
 7   as called for in their step plan in the first pay period following their anniversary
 8   date.   Any member who is in the top step of their pay plan shall receive a
 9   longevity lump sum in accordance with their step plan. In no instances will any
10   member be allowed to exceed the maximum salary of their current pay range.
11           C.       All future increases, if any, shall be subject to negotiations by the
12   parties.
13




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 1                          Article 23 - EQUIPMENT AND CLOTHING
 2
 3   SECTION 1 – Accessories and Equipment
 4   The sheriff shall provide all accessories and equipment to be utilized by
 5   employees to safely perform their job task.
 6           A.       Employees that are exposed to the weather as part of their duties
 7   shall be provided with rain gear and an all purpose jacket.
 8           B.       The Sheriff shall provide training in the appropriate use for all
 9   assigned equipment.
10           C.       The Sheriff’s Office shall pay all membership fees to all
11   Associations that employees are required to join as determined by the Sheriff.
12
13   SECTION 2 – Clothing Allowance
14           A.       Employees assigned to divisions that require a uniform shall have
15   the uniforms provided by the Sheriff.
16           B.       Those employees required to wear a Class A or B uniform or are
17   required by BCSO Policy to wear specialized safety footwear that is not provided
18   by the Sheriff’s Office and are on the Sheriff’s payroll in the first full pay period
19   after October 1 of each year, shall receive an annual stipend of $85.00




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 1                           Article 24 - INSURANCE BENEFITS
 2
 3   SECTION 1 – Health Insurance Program
 4           The Sheriff agrees to provide a health and major medical insurance
 5   program that employees will be eligible to participate in on the basis of either a
 6   single or family plan. The Brevard County Sheriff’s Office shall furnish full time
 7   employees such group health insurance as is authorized by the Board of County
 8   Commissioners of Brevard County. The employee and Brevard County Sheriff’s
 9   Office premiums for health insurance and optional vision, dental, disability and
10   life benefits shall be paid in accordance with the amounts currently established
11   by the Board of County Commissioners or as may be revised (benefits and/or
12   premiums) by the Board of County Commissioners. Deductibles and co-
13   payments shall be established annually by the Board of County Commissioners.
14   Dependent coverage shall be made available at rates determined annually by the
15   Board of County Commissioners. Optional vision and dental benefits and
16   premiums for employees and dependents shall be established annually by the
17   Board of County Commissioners.
18
19   SECTION 2 – Committee Participation
20           During the review period whereby the Board of County Commissioners is
21   evaluation/negotiating premiums, deductibles, co-payments and/or benefits with
22   a provider(s), the Association will be notified by the Sheriff of any changes
23   proposed by the County of a substantial nature in the scope of coverage, amount
24   of coverage or increased amounts to be paid by employees within a reasonable
25   period of time prior to implementation in order for the Association to provide the
26   County with any comments or concerns.
27
28




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 1   SECTION 3 – Retirement
 2           Upon retirement, an employee shall be entitled to convert to the retiree
 3   group health insurance policy in accordance with the terms and conditions of the
 4   policy as established by the Board of County Commissioners.
 5
 6   SECTION 4 – Appeals
 7           If an employee is discharged or suspended, and the employee files a
 8   grievance or appeal with the Civil Service Board or follows the grievance
 9   procedure as set forth in this Agreement, the Brevard County Sheriff’s Office
10   shall continue that employee’s health and life insurance coverage, as is, until
11   final disposition of the grievance/appeal process.
12
13   SECTION 5 – Life Insurance
14           The Brevard County Sheriff’s Office shall maintain such life insurance
15   policies for all unit members covered by the Agreement as established and
16   authorized by the Board of County Commissioners and the Statutes of the State
17   of Florida.
18
19   SECTION 6 – Short Term Income Protection Plan (STIPP)
20           For the duration of this contract the Sheriff will provide to bargaining unit
21   members the short-term income protection plan that had expired as of
22   September 30, 2009, at no cost to the employee. Any bargaining unit employee
23   may elect to purchase the supplemental short-term disability policy offered by the
24   Brevard County Commission. For those bargaining unit members who have
25   already purchased the County’s supplemental short–term disability policy, the
26   terms of that policy and not the short term income protection plan shall apply.
27




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 1                              Article 25 - TRAVEL EXPENSES
 2
 3   SECTION 1 – Payment of Travel Vouchers
 4           Travel expenses of employees authorized in advance by appropriate
 5   authority that are incurred in the performance of a public purpose authorized by
 6   law will be reimbursed in accordance with the Sheriff's reimbursement schedule.
 7   The Sheriff shall make a good faith effort to pay travel vouchers within thirty (30)
 8   days after they have been properly submitted. Vouchers are considered
 9   submitted when the employee submits them to the official designated to receive
10   such vouchers.
11
12   SECTION 2 – Mileage Allowance
13           Employees of the BCSO will travel when and where necessary to
14   complete their mission being law enforcement activities or education.                  BCSO
15   employee personal vehicle mileage reimbursement and per-diem rates are paid
16   in accordance with Florida Statute Section 112.061 and BCSO Procedures.
17
18   SECTION 3 – Definitions
19
20   P.O.V. - personally owned vehicle
21
22   SECTION 4 – Procedures
23   Meal Reimbursement
24   A.      Breakfast
25           When an employee is required to travel outside of Brevard County before
26           6:00 a.m. through 8:00 a.m., the employee is eligible to receive $6.00 for
27           this meal
28   B.      Lunch
29           When an employee is required to travel outside of Brevard County before
30           12:00 P.M. through 2:00 P.M., the employee is eligible to receive $11.00
31           for this meal.
32
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 1
 2   C.      Dinner
 3           When an employee is required to travel outside of Brevard County before
 4           6:00 P.M. through 8:00 P.M., the employee is eligible to receive $19.00 for
 5           this meal.
 6   D.      Receipts
 7           No receipts are required to support reimbursements for these meals.
 8           Except as noted below, no other types of meal reimbursements are
 9           allowed:
10           1. When employees of the Sheriff's Office are required to conduct
11              unscheduled, emergency operations, i.e., search for a missing child, a
12              natural disaster or other significant events whereby nourishment is
13              required for the law enforcement mission to continue, food and
14              beverages may be provided for agency members. Meal allowances will
15              be provided under this section either within or outside county
16              boundaries. The emergency expenses are to be approved by the
17              Precinct/Division Commander.
18           2. If an employee is required to attend a law enforcement membership
19              function that is directly attributable to the unit's purpose and mission of
20              the BCSO, meal fees may be reimbursed. Meal allowance may be
21              provided under this section either within or outside county boundaries.
22           3. Meal expenses are not to be charged on procurement or BCSO credit
23              cards. Unless specifically requested in advance, meal fees are to be
24              reimbursed to the employee after travel has occurred, when properly
25              supported by an employee per diem check request form.
26   E.      Advance Meal Per Diem Requests
27           If an employee desires a travel per diem advance, a travel/per Diem
28           request coupled with a request for payment must be routed through the
29           employee's chain of command and received by the Accounting Unit no
30           less than ten (10) days prior to the scheduled travel date. No advance per-


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 1           diem meal requests will be honored if received by the Finance Unit less
 2           than ten (10) days prior to the scheduled travel date.
 3   F.      Travel
 4           1. Vehicles
 5              All employees will travel in agency owned vehicles when required to
 6              travel as a function of their position. Fuel costs and insurance
 7              coverage are inclusive benefits of public owned vehicles. Pool
 8              automobiles are available at each precinct and Fleet Maintenance, as
 9              resources allow. Based on extenuating, unusual circumstances, and
10              only with the prior approval of the Chief Deputy or Chief Administrative
11              Officer, personnel may be authorized to use personally owned vehicles
12              (P.O.V.) with mileage paid at the rate authorized by Florida State Law
13              when a P.O.V. is used to attend a mission essential function.
14           2. Air Fare
15              When deemed more efficient due to cost and time constraints, air
16              travel is allowed in lieu of vehicle usage. While air fair is not specifically
17              covered by Florida Statutes, each employee of the BCSO maintains a
18              fiduciary responsibility to obtain airfares at the lowest cost to suit the
19              flight   accommodations         needed      for   the   situation.    First   class
20              accommodations are not allowed.
21   D.      Travel Vouchers
22           As a general operating procedure, costs associated with employee travel
23           will be reimbursed to the employee after the travel costs have occurred.
24           The employee will complete a travel voucher form, itemizing all costs
25           associated with travel, coupled with a travel/per-diem check request for
26           payment, routed to the Accounting Unit via the employee’s chain of
27           command. Payment will be remitted to the employee during the next
28           regularly scheduled accounts payable check run after the appropriate
29           documentation has been received and approved. Per-diem meal requests
30           will be accepted if the travel situation supports on advance payment. (See
31           meal Reimbursement Section of this article.)
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 1   E.      Emergency Travel
 2           When emergency or unscheduled travel situations arise, i.e., prisoner
 3           transport, investigations, etc., travel advances will be processed without
 4           ten (10) days pending Sheriff and/or Commander approval.
 5   F.      Lodging
 6           It is the fiduciary responsibility of each employee and supervisor to find the
 7           most economical lodging establishment available when overnight
 8           accommodations necessary. Lodging costs will not be allowed within 60
 9           miles of the employee’s assigned unit or precinct, except as otherwise
10           approved by the Sheriff or Chief. Lodging fees can be charged to
11           procurement and or agency credit cards.
12   G.       Sales Tax
13           Sales and use taxes are not to be charged against lodging expenses
14           within the State of Florida. Brevard County Sheriff's Office tax-exempt
15           certificates are presented at the time of check-in. It will be the
16           responsibility of each employee to ensure sales and use taxes are not
17           charged, as the agency is a non-profit, tax-exempt agency. The employee
18           will be required to reimburse Florida State sales and use taxes when
19           charged on lodging accommodations.
20   H.      Personal Costs
21           All personal, ancillary costs associated with employee travel and lodging,
22           i.e., personal phone calls, room service, concierge and other personal
23           services will not be charged to the agency credit card at the time of
24           checkout. Instead, the employee will pay for all ancillary non-agency
25           associated lodging costs at time of checkout.
26




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 1                Article 26 - DRUG TESTING AND FITNESS FOR DUTY
 2
 3   SECTION 1 – Purpose
 4           The purpose of this Article is to maintain a drug-free workplace, thereby
 5   maximizing levels of productivity and avoiding the costs, delays, and tragedies
 6   associated with work-related accidents resulting from drug/alcohol abuse by
 7   employees. The BCSO recognizes that an employee’s health affects personal job
 8   performance as well as the performance and job safety of other employees and
 9   citizens. Therefore, the Sheriff has an obligation to its employees and must take
10   the initiative to prevent alcohol and other drug abuse from entering or continue to
11   exist within our work force, by better maintaining employees reliability and
12   providing a healthier, safer, and more secure work environment for all Brevard
13   County Sheriff’s Office employees.
14
15   SECTION 2 – Definitions
16   A.      Illegally Used Controlled Substances or Drugs – Any illegal drug or any
17           substance identified in Schedules I and II of 21 U.S.C. 812 and Section
18           202 of the Controlled Substances Act, and as further defined by 21 CFR
19           1308.01. This includes, but is not limited to, marijuana, amphetamines,
20           opiates, phencyclidine (PCP), anabolic steroids, cocaine and other
21           substances that may alter the test results. Illegal use includes the use of
22           any illegal drug, misuse of any legally prescribed drugs, and use of
23           illegally obtained prescription drugs.
24   B.      Legal Drugs – The appropriate use of legally prescribed drugs and non-
25           prescription medications is not prohibited. However, the use of any
26           substance which carries a warning label that indicates that mental
27           functioning, motor skills, or judgment may be adversely affected shall be
28           reported to supervisory personnel and medical advice shall be sought, as
29           appropriate, before performing work-related duties.
30   C.      Alcohol – Means ethanol alcohol or any beverage containing more than ½
31           of 1% of alcohol by volume which is capable of use for beverage purposes
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 1           either when alone or when diluted or medicines containing alcohol are
 2           classified as “alcohol” for the purposes of the Article.
 3   D.      Drug Test – any chemical, biological, or physical instrumental analysis
 4           administered for the purpose of determining the presence or absence of a
 5           drug or its metabolites.
 6   E.      Initial Drug Test – a sensitive, rapid, and reliable procedure to identify
 7           negative and presumptive positive specimens. All initial tests will use an
 8           immunoassay procedure or an equivalent, or will use a more accurate
 9           scientifically accepted method approved by the Department of Health and
10           Rehabilitative Services until such time as more accurate technology
11           becomes available in a cost-effective form.
12   F.      Confirmation Test – a second analytical procedure used to identify the
13           presence of a specific drug or metabolite in a specimen. The confirmation
14           test will be different in scientific principle from that of the initial test
15           procedure. This confirmation method will be capable of providing requisite
16           specificity, sensitivity, and quantitative accuracy.
17   G.      Reasonable Suspicion – a belief that an employee is using or has used
18           drugs in violation of this Article that is based upon specific objective and
19           articulable facts and reasonable inferences drawn from those facts in light
20           of experience.
21   H.      Follow-Up Testing – if an employee in the course of employment enters an
22           employee assistance program for drug-related problems, or the employee
23           had a previous positive test result and was not terminated, the Sheriff’s
24           Office will require him to submit to drug testing as a follow-up to such
25           program.
26   I.      Specimen – tissue, hair, or product of the human body capable or
27           revealing the presence of drugs or their metabolites.
28   J.      Split Sample – urine specimens are collected in two bottles. If the first
29           bottle tests positive for drugs, the donor may request that the second
30           specimen be tested.


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 1   K.      Random Testing - All unit members covered by this agreement are
 2           required as a condition of employment to be randomly drug-tested.
 3
 4   SECTION 3 – Procedures
 5   A.      Applicability
 6           1. Safety sensitive employees under this Article shall be defined as all
 7              full-time employees who are employed in safety sensitive positions
 8              required to operate, dispatch, control, or maintain revenue service
 9              vehicles; provide security and carry a firearm; hold a Commercial
10              Drivers’ License (CDL) and operate a motor vehicle in excess of
11              26,000 pounds GVWR or designated to carry 16 or more passengers
12              or any size vehicle used to transport placardable amount of hazardous
13              material; and safety sensitive positions in which drug impairment
14              constitutes an immediate and direct threat to public health or safety,
15              such as a position that requires the employee to carry a firearm,
16              perform      life-threatening    procedures,      or    work     with       controlled
17              substances, hazardous materials or substances or positions in which a
18              momentary lapse in attention could result in injury or death to the
19              employee or another person.
20           2. All unit members shall be subject to post-accident, reasonable
21              suspicion, return-to-duty, random and follow-up testing under this
22              Article.
23           3. This Article also applies to off-site lunch periods or breaks when an
24              employee is scheduled to return to work.
25   B.      Confidentiality
26           1. All information from a unit member’s alcohol or other drug test is
27              confidential and only the Personnel Manager is to be informed of test
28              results. In the case of an employee, when test results warrant pre-
29              disciplinary and/or termination proceedings, the test results will be
30              provided to the Sheriff, the Commander of Professional Standards and
31              the Commander of the employee.
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 1           2. All records relating to the taking of, or the order to take, an alcohol or
 2              other drug test shall be deemed confidential                      unless written
 3              authorization has been obtained from the employee or the records
 4              become the subject of an administrative or judicial proceeding. All
 5              records relating to the taking or ordering of an alcohol or other drug
 6              test and the final test results shall be kept by the Sheriff’s Personnel
 7              Office in a separate secured medical file. Negative test results are to
 8              be kept for one (1) year and positive test results are to be kept for five
 9              (5) years, or in accordance with the most current Federal rules,
10              regulations, and guidelines.
11   C.      Prohibited Conduct
12           1. The unlawful manufacture, distribution, dispensation, possession, or
13              use of alcohol, drugs, controlled, and illegal substances on Brevard
14              County premises or while conducting BCSO business off Brevard
15              County premises is absolutely prohibited.
16           2. Any employee reasonably suspected to be under the influence of
17              alcohol or other drugs shall be prevented from engaging in further work
18              of any sort and will have given the BCSO cause to subject them to
19              immediate testing, in accordance with the procedures set forth in this
20              Article.
21           3. BCSO employees must NOT consume alcohol while on duty, OR six
22              (6) hours before performing a safety sensitive function and up to eight
23              (8) hours following an accident or until the employee undergoes a post-
24              accident test, whichever occurs first.               Alcohol testing shall be
25              conducted by an Evidentiary Breath Testing Device or in the case of
26              post-accident testing and directed by the Sheriff, a blood test.
27           4. In an effort to maintain a drug and alcohol-free workplace, all
28              employees will be subject to urine drug, blood alcohol/drug and breath
29              alcohol testing in accordance with this Article. Any employee who
30              refuses to comply with a request for drug or alcohol testing, who
31              provides false information in connection with a test, or who attempts to
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 1              falsify test results through tampering, contamination, adulteration, or
 2              substitution shall be subject to disciplinary action, up to and including
 3              termination for insubordination. Failure to provide an adequate breath
 4              or urine sample for testing within a reasonable time (consistent with the
 5              most current federal rules, regulations, and guidelines) without a valid
 6              medical explanation from a doctor shall constitute refusal to submit.
 7           5. All employees are encouraged to make use of the available resources
 8              for   treatment     for   substance      abuse     problems.      Under      certain
 9              circumstances an employee may be required to undergo treatment for
10              substance abuse. Any employee who refuses or fails to comply with
11              BCSO requirements for treatment, after care, or return-to-duty, or
12              follow-up testing shall be subject to disciplinary action, up to and
13              including termination.
14           6. All employees must, as a condition of employment, abide by the terms
15              of this Article and must report any arrest made under a criminal drug
16              and/or DUI statute to his immediate supervisor within twenty-four (24)
17              hours of the arrest, or as soon as practical. A report of conviction must
18              be made to the BCSO Personnel Office within five (5) days of the
19              conviction. Failure to comply with this Article will result in disciplinary
20              action, up to and including termination.
21   D.      Drug Testing Procedures
22           1. All drug testing of employees and applicants shall be conducted at
23              laboratories certified by the Department of Health and Human Services
24              (DHHS)      and    the    Substance       Abuse     Mental     Health       Services
25              Administration (SAMHSA) and approved by the Agency for Health
26              Care Administration. Only collection sites approved by the BCSO will
27              be used for obtaining specimens for drug testing.
28           2. Upon random selection of a safety sensitive employee’s social security
29              number, the Personnel Manager will call the employee’s Commander
30              to notify him that the employee was selected for a random drug and/or
31              alcohol test. The employee’s Commander will be told at that time
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 1              whether the employee is to go for a urine drug test and a breath
 2              alcohol test or just a urine drug test.
 3           3. Upon notification of the employee’s Commander, the safety sensitive
 4              employee is to be notified immediately of his random selection for drug
 5              and/or alcohol testing. This notification must be done confidentially and
 6              in person. Once the safety sensitive employee has been notified of the
 7              required testing, the Commander must fill out the appropriate
 8              authorization forms and the safety sensitive employee MUST sign the
 9              BCSO Random Drug and/or Alcohol testing Notification and Consent
10              Form. A master copy of the forms to be used will be provided to each
11              Precinct/Division. This form MUST be signed by the safety sensitive
12              employee, regardless of whether he agrees to drug and/or alcohol
13              testing or not. If the safety sensitive employee refuses to take a drug
14              and/or alcohol test, he must sign the appropriate section on the
15              consent form indicating his refusal to take the test. It is important that
16              the Commander inform the safety sensitive employee at this time that
17              refusal to take the test and/or sign the form constitutes insubordination
18              and may result in disciplinary action, up to and including termination. If
19              the safety sensitive employee refuses to take the test, it is treated as a
20              positive result and handled accordingly.
21           4. Chain of Custody – Procedures to account for the integrity of each
22              urine specimen by tracking its handling and storage from point of
23              specimen collection to final disposition of the specimen. These
24              procedures shall require that an approved chain of custody form be
25              used from time of collection, to receipt by the laboratory, and that upon
26              receipt by the laboratory, an appropriate laboratory chain of custody
27              form(s) account for the sample or sample aliquots within the laboratory.
28              Chain of custody forms shall, at a minimum include an entry
29              documenting date and purpose each time a specimen or aliquot is
30              handled or transferred and identifying every individual in the chain of
31              custody.
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 1           5. Positive test results showing a prohibited drug or drug metabolite shall
 2              be reported as negative where the Medical Review Officer (MRO)
 3              determines there is a legitimate medical explanation for the result.
 4           6. When confirmed positive tests are reported from the laboratory, it is the
 5              responsibility of the MRO to:
 6              a. Review the employee’s medical history, including any medical
 7                  records and biomedical information provided;
 8              b. Afford the employee an opportunity to discuss the test results with
 9                  the MRO;
10              c. Determine whether there is a legitimate medical explanation for the
11                  result, including legally prescribed medication. The employee must
12                  furnish a medical statement from a physician specifying the drug
13                  being taken or physical proof of the prescription.
14           7. An MRO may request the laboratory to analyze the original specimen
15              again in order to verify the accuracy of the test result reported.
16           8. In any case, the MRO shall not convey the test results to the BCSO
17              until the MRO has made a definite decision that the test result was
18              positive or negative.
19           9. One (1) split specimen shall be collected sufficient for two (2) drug
20              tests as determined by the Agency for Health Care Administration and
21              Substance Abuse Mental Health Services Administration.
22           Procedure:
23           Initial Drug Test: If negative, reported negative. If positive, a confirmation
24              test shall be conducted.
25           Confirmation Test: If negative, reported negative. If positive, reported
26              positive.
27           Standard for Drug Testing: When drug screening is required under the
28              provisions of this Article, the most current established SAMHSA
29              standard, shall be used to determine what levels of detected
30              substances shall be considered positive.


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 1           10. An MRO must be provided by the drug and alcohol testing services
 2              contractor, or the BCSO must contract with an MRO for the purpose of
 3              interpreting lab results.
 4           11. The MRO must be a qualified and licensed physician with knowledge
 5              of substance abuse issues. The role of the MRO is to review and
 6              interpret confirmed positive test results and rule out other medical
 7              explanations for positive results. Positive test results showing a
 8              prohibited drug or drug metabolite shall be reported as negative where
 9              the MRO determines there is a legitimate medical explanation for the
10              results.
11           12. Results must be interpreted and signed by the MRO before notification
12              to the Personal Manager. Results of a urine drug test will be
13              interpreted by the MRO and reported as follows:
14              a. Negative results: If the results of the drug test administered are
15                  reported as negative by the MRO, no further action is required.
16              b. Positive results: If the results of the test administered are positive,
17                  appropriate disciplinary action shall be imposed after the following
18                  procedure has been followed:
19                  1. Within seventy-two (72) hours of notification of the positive
20                      result, if the employee disputes the test results he may request
21                      that the second urine sample from the original split sample be
22                      sent to another certified lab by the MRO for testing at the
23                      employee's expense. If the results of the test are negative, the
24                      employee will be returned to his regular duty assignment and
25                      reimbursed for the employee’s actual costs to have the second
26                      urine sample tested.
27                  2. Upon notification of a positive result, the Personnel Manager will
28                      contact the employee and notify him of the positive test result.
29              c. Abnormal Results:
30                      1. Adulterated specimens: A specimen is considered to be
31                      adulterated if:
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 1                          a) the nitrite concentration is equal to or greater than 500
 2                              mcg/ml; OR
 3                          b) if the pH is less than or equal to 3 or greater than or
 4                              equal to 11: OR
 5                          c) if a foreign substance is present; OR
 6                          d) a substance normally found in urine is present in a
 7                              concentration       greater     than     normal      physiological
 8                              concentration.
 9           13. If a test result is reported adulterated, this constitutes a refusal to
10              submit and the employee will be subject to disciplinary action, up to
11              and including termination. When evidence of adulteration is reported
12              and the presence of a drug or drug metabolite is confirmed, the MRO
13              is not to report the presence of the drug, only that the specimen is
14              adulterated. Under these circumstances, the employee is NOT
15              PERMITTED to have the second urine sample from the original split
16              specimen retested.
17           14. Substituted specimens: A specimen is considered to be substituted if
18              the creatinine level is less than or equal to 5 mg/dL and has a specific
19              gravity less than or equal to 1.001 or greater than or equal to 1.020
20              (such specimens do not exhibit clinical signs or characteristics
21              associated with normal human urine).
22           15. If a test result is reported as substituted, this constitutes a refusal to
23              submit and the employee will be subject to disciplinary action, up to
24              and including termination. Under these circumstances, the employee is
25              NOT PERMITTED to have the second urine sample from the original
26              split specimen retested.
27           16. Diluted specimens:         A specimen is considered to be diluted if it has
28              a creatinine level less than 20 mg/dL but greater than 5 mg/dL and a
29              specific gravity less than 1.003 but greater than 1.001. If this result is
30              reported by the MRO, the BCSO may require that another specimen


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 1              be collected either first thing the following morning or under direct
 2              observation by a same gender collector.
 3           17. Failure to provide an adequate sample: Under a split specimen
 4              collection process, a specific volume of urine is required to complete
 5              the testing process. If an employee fails to provide an adequate
 6              volume of sample, the following needs to occur at the collection site:
 7              a. The collector will instruct the employee to drink fluids up to, but no
 8                  more than 40 fluid ounces within three (3) hours. The employee is
 9                  required to remain at the collection site and must be under direct
10                  observation of a collection site representative or a BCSO
11                  Command Staff member at all times.
12              b. After a three (3) hour time period, or any time during that period,
13                  the employee may again attempt to provide a sufficient quantity of
14                  urine. If the employee is still unable to provide the required volume,
15                  the collection site will contact the Personnel Manager and notify
16                  him of the employee’s inability to produce an adequate amount of
17                  urine.
18              c. If the employee claims that his inability to produce an adequate
19                  sample is due to a medical condition, he must produce medical
20                  evidence to support this or submit to a medical examination by a
21                  BCSO approved physician.
22              d. If there is no medical evidence to support the employee’s failure to
23                  produce an adequate sample, the result is treated as a refusal to
24                  submit and the employee will be subject to disciplinary action, up to
25                  and including termination.
26              e. If the employee leaves the collection site prior to producing an
27                  adequate sample AND without permission from the Personnel
28                  Manager, it is treated, as a refusal to submit and the employee will
29                  be subject to disciplinary action, up to and including termination.
30           18. Dilute Negative tests – If the MRO informs the BCSO that a negative
31              drug test was dilute, the BCSO will require the safety sensitive
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 1              employee to retake the test. The Recollection must not be collected
 2              under direct observation unless there is another basis for use of direct
 3              observation. This requirement covers all pre-employment, reasonable
 4              suspicions, post-accident, random, return-to-duty and follow-up testing.
 5           19. Only collection sites approved by the BCSO will be used for obtaining
 6              specimens for alcohol testing. The breath specimen must be collected
 7              through the use of an evidence breath-testing device that is approved
 8              by the Florida Department of Law Enforcement (FDLE). The test must
 9              be performed by a Breath Test Operator (BTO) who is trained and
10              proficient in the operation of the Breath Testing Device. The BTO must
11              have successfully completed a FDLE approved course of instruction
12              that provides training in the principles, methodology, operation and
13              calibration of the breath-testing device. Tests are to be conducted at a
14              site that provides privacy to the individual being tested.
15           20. As a safety sensitive employee, you will be determined to have refused
16              to take a drug and alcohol test if you: (1) fail to appear for any test
17              within two (2) hours of notification, or as determined by the BCSO; (2)
18              fail to undergo a medical examination or re-evaluation, as directed by
19              the MRO as part of the verification process; (3) in a case of a directly
20              observed or monitored collection in a drug test, fail to permit the
21              observation or monitoring of your provision of a specimen; (4) fail or
22              decline a second test the department or collector has directed you to
23              take; or (5) fail to sign the required documentation/forms.
24           Types of Testing
25           21. Return-to-duty testing: When a safety sensitive employee or applicant
26              has not performed a safety-sensitive function for ninety (90)
27              consecutive calendar days, regardless of the reason, the BCSO shall
28              ensure that the employee takes a return-to-duty drug test prior to a
29              return to duty.
30           22. Reasonable Suspicion Testing - This type of testing means that there
31              is a belief that a safety sensitive employee is using or has used drugs
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 1              or alcohol in violation of this Article based upon specific objective and
 2              articulable facts and reasonable inferences drawn from those facts in
 3              light of experience. Reasonable suspicion drug testing shall not be
 4              required except upon the recommendation of the Commander of the
 5              employee in question. Among other things, such facts and inferences
 6              may be based upon:
 7              a. Observable phenomena while at work, such as direct observation
 8                  of drug or alcohol use or of the physical symptoms of
 9                  manifestations of being under the influence of drugs or alcohol.
10              b. Abnormal conduct or erratic behavior while at work or a significant
11                  deterioration in work performance.
12              c. A report of drug or alcohol use, provided by a reliable and credible
13                  source, which has been independently corroborated.
14              d. Evidence that an individual has tampered with a drug or alcohol test
15                  during employment with the BCSO.
16              e. Information that an employee has caused, or contributed to, an
17                  accident while at work.
18              f. Evidence that an employee has used, possessed, sold, solicited, or
19                  transferred drugs or alcohol while working or while on a Brevard
20                  County premises or while operating BCSO vehicles or equipment.
21           23. One or more department employees have observed symptoms of drug
22              use and alcohol misuse must be able to articulate and substantiate
23              physical, behavioral and performance indicators of probable drug use
24              or alcohol misuse by observing the appearance, behavior, speech or
25              body odors of the safety sensitive employee.
26           24. Post-Accident Testing - Safety sensitive employees shall be subject to
27              breath alcohol and/or urine drug and/or blood alcohol/drug testing if
28              they are involved in a duty related incident that results in a fatality
29              (such as but not restricted to a traffic accident, in custody death or
30              shooting), OR injuries requiring medical attention where the individual
31              receiving medical attention is admitted to medical service facility.
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 1           25. If the incident results in a fatality, the department shall conduct drug
 2              and alcohol tests on all surviving safety sensitive employees who were
 3              involved with the incident; and whose performance could have
 4              contributed to the incident, as determined by the BCSO.
 5           26. Post-accident drug and alcohol tests must be performed as soon as
 6              possible. Drug urine or drug blood tests must be performed within
 7              thirty-two (32) hours following an incident. Breath or Blood Alcohol
 8              tests must be performed within three (3) hours following an incident.
 9              Blood testing may only be conducted pursuant to this article and at the
10              direction of the Sheriff. Blood tests can only be taken at facilities
11              approved by the BCSO, and can be taken by treating physicians at
12              medical service facilities if approved by the BCSO. The requirement of
13              post accident testing should in no way interfere with necessary medical
14              attention or an ongoing criminal investigation. A safety sensitive
15              employee who is subjected to post-accident testing who fails to remain
16              readily available for such testing, including notifying the BCSO of his
17              location if he /she leaves the scene of the accident prior to the
18              submission to such test, shall be deemed by the BCSO to have
19              refused to submit to testing.
20           27. Random Testing - Safety sensitive employees will be subjected to
21              random, unannounced urine drug and breath alcohol testing. A safety
22              sensitive covered employee may be randomly tested for prohibited
23              drug use anytime. Random tests will be spread reasonably throughout
24              the year. Bargaining unit members will be subject to random
25              unannounced        drug and alcohol testing.            The      Brevard    County
26              Information     Systems      Division    will   maintain     a   computer-based
27              scientifically valid random number selection method. All unit members
28              have the opportunity to review a copy of this Article and be required to
29              sign a receipt verifying receipt of the Article prior to being placed in the
30              random pool. The random pool is compromised of all the members
31              from    the   collective    bargaining units recognized            under PERC
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 1              Certification Numbers 1449, 1450, 1575, and 1555, except those
 2              members assigned to the Special Investigations Unit. Up to 10
 3              members of the random pool will be subjected to monthly random drug
 4              and alcohol testing. Once the unit member has been notified that he
 5              has been selected for random testing, he should report to the testing
 6              site as directed. Unit members shall be informed of their right to
 7              discuss the testing with an Association Representative. Unit members
 8              who are assigned to the Special Investigations Unit shall be tested with
 9              a directed unannounced Random drug test two (2) times per calendar
10              year. The random drug testing of these unit members will not count
11              towards the one unit member per month number established within the
12              Agreement.
13           28. Once the employee has been notified that he has been selected for
14              random drug and/or alcohol testing, he should report to the testing site
15              immediately (within two (2) hours). If a valid reason exists why the
16              employee cannot report immediately (i.e. annual leave, sick leave,
17              training, Regular Day Off etc.) the Personnel Manager is to be notified
18              and the reason documented. Failure to report to the testing site within
19              a two (2) hour time period starting from notification shall be considered
20              a refusal and will result in disciplinary action up to and including
21              termination unless the two-hour time period has been extended by the
22              Personnel Manager. Notifications of unit members shall occur at either
23              0900 (9:00 A.M.) or 1400 (2:00 P.M.), based on the employee’s work
24              schedule. If the notification occurs on an employee’s regular day off
25              (RDO), the employee’s time responding to and returning from the
26              testing site, including the time for the test shall be considered time
27              worked. The Commander of the employee can delay the employee
28              notification for no longer than seventy-two (72) hours with approval of
29              the Personnel Manager for employee scheduling conflicts.
30           29. Unless related to a Post-Accident or Reasonable Suspicion test,
31              employees will be permitted to use their BCSO assigned vehicle, or
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 1              have a supervisor transport them to the test site. The mode of
 2              transportation will be at the discretion of the employee’s Commander.
 3              Time spent responding to and returning from the test site and
 4              conducting the test shall be considered as time worked. An agent of
 5              the Professional Standards Division shall escort employees being
 6              tested as a result of post-accident or reasonable suspicion testing.
 7           30. The consequences for a safety sensitive employee who has a verified
 8              positive drug or a confirmed alcohol test result with an alcohol
 9              concentration of 0.04 or greater, or who refuses to submit to a test
10              under this Article, shall result in the immediate removal from his safety-
11              sensitive function and to be evaluated by a substance abuse
12              professional as designated by the BCSO pending disciplinary action up
13              to and including termination.
14           31. Unit members are required by law to notify the laboratory of an
15              administrative or civil action instituted pursuant to F.S., Section
16              440.101.
17           32. The BCSO maintains the confidentiality of drug test documentation and
18              results, pursuant to applicable law. Such information can be released
19              only by written consent, by order of a hearing officer or court of
20              competent jurisdiction, regarding defense of a workers’ compensation
21              or related claim, or as deemed appropriate by a professional or
22              occupational licensing board in a related disciplinary proceeding. All
23              such material will be maintained for a minimum of one year and is
24              available to the affected employees upon request.
25           33. Employees seeking alcohol or drug rehabilitation may request
26              assistance from the Employee Assistance Program (EAP).
27           34. The BCSO will not discharge, discipline, or discriminate against an
28              employee solely based upon the fact that the employee has voluntarily
29              sought treatment, while employed by the Sheriff’s Office, for a
30              drug/alcohol related problem if the employee has not previously tested
31              positive for drug use, entered an employee assistance program for
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 1              drug-related problems, or entered an alcohol and drug rehabilitation
 2              program.
 3           35. Follow-up testing will be conducted on a quarterly, semi-annual, or
 4              annual basis as determined by the BCSO for up to two (2) years after
 5              completion of drug or alcohol rehabilitation or a previous positive
 6              drug/alcohol test that did not result in the member’s termination.
 7           36. No drug testing of personnel may be performed without specific
 8              authorization of the Sheriff or his designee.
 9           37. It is the policy if the Brevard County Sheriff’s Office to ensure all
10              personnel are capable of performing assigned duties. Physical fitness,
11              medical or psychological examinations may be requested by the
12              Sheriff or designee (at no cost to the employee) to determine fitness
13              for duty should there be any reason to believe an employee is either
14              incapable of performing required job functions or may be at risk or
15              place others at risk due to physical, medical, or psychological reasons.
16              Additionally, the Sheriff recognizes the additional requirements of
17              certain fitness examinations (at no cost to the employee) be conducted
18              for personnel seeking assignment to certain specialty assignments.
19              Employees shall understand that these types of evaluations are not
20              considered to be covered under the psychologist/patient privilege and
21              are subject to disclosure to the employee’s chain of command and
22              others consistent with Florida State Statute Chapters 90 and 119.
23           38. In situations involving on-duty injury, employees refusing to submit to
24              drug testing will forfeit eligibility for medical and indemnity benefits
25              pursuant to Section 440.101, F.S.S., the section of Florida’s workers’
26              compensation law that applies to drug-free workplace programs.
27           39. The BCSO, through the Career Development Unit in coordination with
28              the Personnel Office, will provide a drug-free awareness program to
29              inform employees about the dangers of drug abuse in the workplace;
30              the provisions of this Agreement on maintaining a drug-free workplace;
31              any available drug counseling, rehabilitation, and employee assistance
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 1                 programs; and the penalties that may be imposed upon employees for
 2                 drug and/or alcohol abuse violations.
 3           40. The Personnel Office shall include notice of drug and/or alcohol testing
 4                 on vacancy announcements for positions that require such testing, i.e.,
 5                 pre-employment, return to duty, post accident and/or random and
 6                 reasonable suspicion testing.
 7           41. The Professional Standards Division is responsible for investigating all
 8                 alleged violations of this Agreement by employees.
 9           42. If any unit member is unable to report to the testing location on the
10                 date directed by the employee’s Commander, the employee shall
11                 submit a written request specifying the reason to your Precinct/Division
12                 Commander or designee and receive written approval to be excused
13                 before 3:00 P.M. on the date of the test. If denied, the employee shall
14                 report to the designated testing location prior to the close of business
15                 on the designated date. The memorandum and the approval or denial
16                 shall be forwarded to the Personnel Manager. If the employee is out of
17                 county, the approval to be excused from testing may be given over the
18                 telephone by a Precinct/Division Commander or designee, but must be
19                 documented immediately upon the employee’s return.
20           43.       The Personnel Manager shall maintain a list of all employees in
21                 safety-sensitive positions who are subjected to testing under this
22                 Agreement. The Personnel Manager shall review the list on a quarterly
23                 basis to verify that the list is current.
24
25




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 1           Article 27 - STRIKE PROHIBITION AND WORK REQUIREMENTS
 2
 3   SECTION 1
 4           The Association will not, under any circumstances or for any reason, call,
 5   encourage, authorize or ratify any strike, slowdown or concerted abuse of sick
 6   leave against the BCSO. The Association will also not engage in such activities
 7   in sympathy for or in support of any other employee(s) or union. The Association
 8   shall be responsible for any act alleged to constitute a breach of this Article if the
 9   Association or any of its officers instigated, authorized, condoned, sanctioned or
10   ratified such action unless the president immediately disavows such actions.
11
12   SECTION 2
13           The bargaining unit employees will not, under any circumstances or for
14   any reason, call or encourage any strike, slowdown or concerted abuse of sick
15   leave against the BCSO. The bargaining unit employees will not engage in such
16   activities in sympathy for or in support of any other employees or union.
17
18   SECTION 3
19           Any alleged violation of this Article shall be resolved in a court or agency
20   of competent jurisdiction and shall not be subject to the grievance procedure
21   under this contract; provided, however, the issue of whether an employee
22   engaged in any prohibited activities, and the level of shall be subject to the
23   grievance procedure of this agreement.
24




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 1                            Article 28 - PREVAILING RIGHTS
 2
 3           All sections of BCSO’s Policies and Procedures, including any
 4   amendments thereto, are applicable to the bargaining unit members unless there
 5   is an express conflict between the Policy and Procedures and the Agreement, in
 6   which case this Agreement shall apply. All pay, benefit provisions and terms and
 7   conditions of employment in BCSO Policies and Procedures and/or Policy and
 8   Procedures or as a custom or practice which covers employees in the bargaining
 9   unit and are not specifically provided for or modified by this Agreement, shall
10   continue in effect during the term of this Agreement, unless mutually agreed to by
11   the parties. Those BCSO Policies and Procedures not related to wages, hours of
12   work or terms and conditions of employment shall be formulated and
13   implemented by the BCSO as deemed reasonably necessary for the operation of
14   the BCSO.
15




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 1           Article 29 - MEMORANDUM OF UNDERSTANDING/SETTLEMENTS
 2
 3            The Parties recognize that during the term of this Agreement situations
 4   may arise which require that terms and conditions not specifically and clearly set
 5   forth in the Agreement must be clarified or amended. Under such circumstances,
 6   the Association is specifically authorized by bargaining unit employees to enter
 7   into the settlement of grievance disputes or memorandum of understanding that
 8   clarifies or amends this Agreement, without having to be ratified by bargaining
 9   unit members.
10




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 1                                    Article 30 - DURATION
 2
 3           This Agreement shall be effective upon ratification of this Agreement by
 4   both parties, and shall continue in full force and effect until November 30, 2010.
 5   Upon written notice to either party, negotiations for a succeeding Agreement will
 6   commence within a reasonable time. Upon expiration of this Agreement, there
 7   will be no changes in wages or benefits until the parties have reached agreement
 8   on a new contract, or until the statutory impasse procedures have been
 9   exhausted.
10
11
12   __________________________                             _________________________
13   J.R. “Jack” Parker, Sheriff                            Vincent L. Champion
14   Brevard County Sheriff’s Office                        CFPBA President
15
16
17
18   __________________________                             _________________________
19   Date                                                   Date
20
21
22   __________________________                             _________________________
23   Wayne Helsby                                           Stephen A. Micciche
24   Lead Negotiator for Sheriff                            Lead Negotiator for CFPBA
25
26
27   __________________________                             ________________________
28   Date                                                   Date
29
30




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 1                                           APPENDICES
 2
 3           A.       List of Bargaining Unit Positions
 4           B.       Dues Deduction Forms
 5           C.       Grievance Form
 6
 7
 8
 9
10
11
12
13
14
15
16




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 1                    Appendix A – CERTIFICATION NUMBER 1575
 2                                 Bargaining Unit Positions
 3   Positions included in bargaining unit:
 4
 5   All non-sworn regular, probationary, and part-time civilian personnel employed by
 6   the Brevard County Sheriff’s Office as set forth in PERC Order Number 06E-004,
 7   Case No. RC-2005-039, and agreed to in the broad banding proposal as
 8   submitted by the Brevard County Sheriff’s Office in 2008.
 9
10
11
12




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 1                     APPENDIX B – AUTHORIZATION TO DEDUCT
 2              COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION
 3                               AUTHORIZATION TO DEDUCT
 4
 5           I hereby assign to the Coastal Florida Public Employees Association, from
 6   any wages earned or to be earned by me as your employee, my periodic dues in
 7   such amounts as are now or hereafter established by the Association and
 8   become due to it as my membership dues in said Association. I authorize and
 9   direct you to deduct and withhold such amounts from my salary and to remit the
10   same to said Association. I hereby waive all rights and claims to said monies
11   deducted and transmitted in accordance with this authorization, and release my
12   employer and all its officers from any liability therefor.
13
14           This assignment, authorization and direction shall be revocable any time
15   upon thirty (30) days written notification to my employer and the Association.
16
17
18
19
20   Department
21
22   Name (Please Print)
23
24   Name (Signature)
25
26   Date                                     Social Security Number
27
28
29
30


                                                                                            105
     36917
                    “CONFIDENTIAL – Not subject to public disclosure under
            Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”




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                                                                                        106
    36917
                    “CONFIDENTIAL – Not subject to public disclosure under
            Florida Statute 447.605(1) and/or (3) relating to collective bargaining.”




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    36917

				
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posted:11/13/2011
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