Contracts Flashcards
Within how many days from ratification will the city deduct dues for the FOP?
30 days
Dues deduction authorization may be revoked upon what?
30 days written notice
According to the contract, the concerted stoppage of work, absence of employees, failure to report for work, submission of resignations is called what?
a strike
Any employee that is discharged in accordance with the contract or State of Florida Collective Bargaining statute shall if appointed, reappointed, employed, or reemployed by the city serve a how many month probationary period?
6 months
In the event of a strike, if the FOP determines their members are involved, what must they do?
within 24 hours verbally, and if possible, in writing order employees back to work and provide a copy of order to the City within 24 hours
A written list of the FOP representatives or changes to the list of representatives shall be forwarded to who prior to assuming FOP duties?
Chief of Police and the City’s HR Director
Up to how many FOP representatives are allowed?
12
FOP representatives are allowed to speak with employees on property during what time?
Before or after regular work hours and lunch breaks
FOP representatives must complete this for their employment prior to serving as a representative?
Probationary period
Employees cannot function as FOP representatives during these times
Leave of absence without pay, sick leave, receiving worker’s comp benefits
Handling or adjustment grievances shall be conducted when?
during non-working hours unless management decides to hold a grievance hearing during normal work hours
How many employees at one time may be granted time of by the Chief of Police to attend FOP business?
3
How many hours will the city donate each year to FOP pool time and do they carry over?
200 hours and they do not carry over from year to year
Time donations can be made when and shall be in what increments?
April 1 and October 1 and shall not be less than 3 hours or more than 48 hours
Charges against FOP Pool time must be approved by who?
The Chair, Executive chair, or Membership Vice Chair of the FOP
Who keeps a record of the donated time?
FOP and Police Department
Does city or employee donated time get used first?
Employee time (can be carried over from year to year)
FOP at its own expense can place a bulletin board at a mutually agreed upon location. What size can it be?
Not to exceed 4 feet by 3 feet
What can be on an FOP bulletin board?
FOP literature, notice of FOP meetings, FOP elections, Reports of FOP committees, FOP functions, Notices by public bodies, other approved material
Will the city allow posting to an electronic bulletin board?
Yes
Prior to posting all material what must happen?
signed by elected FOP officer and submitted to HR director or designee for his/her signature. as well as sent to the chief of police or designee
Information posted in the information book is at the discretion of the chief of police and is limited to what?
1 page
What is a claim reasonably and suitably founded concerning the alleged violation of the interpretation and/or application of the express provisions of this agreement?
A grievance
How long does an employee have to bring a grievance forward?
10 days from the knowledge of the occurrence
A grievance not advanced to the higher step within the time limit provided is considered what?
withdrawn
Failure on the part of the employer to respond to a grievance within the allotted time frame allows the employee to do what?
Advance to the next step in the grievance process
What days are not counted when computing time limits in the grievance process?
Saturdays, Sundays, and city-designated holidays unless it specifies calendar days
Settlement of a grievance with a retroactive adjustment shall be limited to how many days as long as it doesn’t include compensation?
10 days
A written grievance should include the following:
a complete statement of the grievance and facts upon which it is based, sections of the contract violated, and the remedy requested
A grievance that is general in nature in that it applies to a number of members rather than a single members and those members work for more than one sergeant, the grievance should be presented to who?
The Chief of Police (step 2)
Step one of the grievance process is what?
submit in writing to the Bureau Commander who shall hold a meeting 10 days within receipt of the grievance
Step one of the grievance process requires the bureau commander to do what after holding a meeting with the aggrieved employee?
respond in writing within 10 days
A grievance that involves disciplinary action authorized by the Chief may be appealed directly to what?
The second step of the grievance process (the chief of police)
If grievance is not settled at Step 1 the aggrieved employee or the FOP may do what?
Submit written appeal within 10 days to the Chief of Police after Step 1 answer was due. Shall be signed by the employee
Step two of grievance process requires the Chief of Police to do what?
hold a meeting within 10 days and give a written response within 10 days after the meeting to the employee and the FOP
If the appeal is not settled in Step 2 of the grievance process the employee or the FOP may do what?
Written appeal to City Manager within 10 days after the Step 2 answer was due. Shall be signed by both the employee and FOP representative.
City manager shall hold a meeting within how many days after receipt of a request and after the meeting how many days to provide a written response?
10 days for both
If a grievance is not settled at Step 3, the FOP may request what?
arbitration
How does the FOP request arbitration for a grievance?
serve written notice of intent to appeal on the office of the City manager and HR Director no later than 10 days after the city’s response in Step three
How many impartial arbitrators are on a panel?
5
How many names does the FOP and city get to strike from the arbitrator panel?
2 each (alternately cross names off the list)
The arbitrator has how many days to submit her/his decision following the close of the hear or the submission of briefs by the parties?
30 days
Who pays the expense of arbitration?
cost is shared equally between parties
A regular employee may be disciplined or discharged for what?
just cause
Written warnings consist of what?
counseling forms, IOCs, and performance infractions
Written instructions and cautionings are called what?
Employee notice
Signing a written warning or employee notice means the employee admits guilt.
False
What happens if the employee refuses to sign a written warning or employee notice?
The refusal should be noted in the employee’s personnel file
Employee notices or disciplinary actions involving discharge, demotion, probation, and suspension should be issued within how many days? Are there exceptions?
20 days. Yes, extenuating circumstances determined by the Chief of Police
Are employee notices grievable?
Yes
Are written warnings grievable?
No
Are written warnings considered as a first offense for the purposes of progressive discipline?
No
Can a non probationary discharged employee grieve directly to the third step of the grievance process? How long do they have?
Yes. Within 10 days from the date of the effective action
Does an officer have to respond in writing to an anonymous complaint of a non-criminal nature concerning and officer’s alleged conduct toward a citizen?
No unless there is corroborating evidence
When imposing incremental discipline, the Chief will not use prior infractions of the same rule that have occurred more than how many years from the date of the current violation under consideration? Can it be considered as part of the overall disciplinary record when used as justification for discharge?
Two years and yes
How many personnel files will each employee have and where will it be held?
1 file in the HR department
If an allegation of employee misconduct is criminal in nature, the complaint must be under what?
under oath
Any testimony that is considered for a final disposition in a sustained internal investigation must have been taken under what ?
under oath
Instead of actual suspension of an employee the chief at his sole discretion can impose forfeiture of what in lieu of suspension without pay?
vacation time
Vacation accrued 1 - 5 years
80 hours
Vacation accrued 5 - 10 years
96 hours
Vacation accrued 10 - 15 years
120 hours
Vacation accrued 15 to 20 years
136 hours
Vacation accrued 20 - 25 years
168 hours
Vacation accrued 25 +
176 hours
Maximum number of hours allowed of vacation time 1-5 years
180 hours
Maximum number of hours allowed of vacation time 5 + years
240 hours
Any sick leave incentive time awarded will be added to the vacation balance after what?
The maximum hours have been adjusted
Paid vacation leave must not be taken during this initial time frame
6 months
If a holiday occurs on an employee’s vacation that day will be charged as what?
a holiday
How many hours can an employee sell back on or about their anniversary date?
70 hours as long as it doesn’t take them below 80 hours of vacation leave
Regular full time employees are entitled to how many paid holidays?
9 plus 3 optional
Can new employees get optional holidays?
must complete the first six months of the probation period
Whenever a holiday occurs on the employees scheduled day off and the employee does not work the employee shall receive another day off with pay within the same fiscal year or within how many days (whichever is later)?
120 days
Should a holiday occur during an employee’s sickness, it shall be the option of the employee to be charged with a sick day or a holiday if the sickness includes what?
two or more consecutive workdays immediately preceding and/or following the holiday
What is the time during which an employee is on assigned duty?
A shift
How many days notice with the department give prior to the onset of a new schedule?
60 days
What is a shift rotation lasting at least one year?
What is a schedule
Patrol will not have overlap on Sunday, Wednesday, or Saturday. Midnight shift will also not have what day as an overlap day?
Tuesday
Individual employees will receive how much notice for a work week schedule change?
One week
A group shall receive how much notice for a work week schedule change?
Two weeks
How many consecutive shifts can a substitute employee work for another employee/?
two
Newly hired employees earn sick leave at at the rate of how many hours annually until their second anniversary?
48 hours
2-4 years employees earn this rate of sick hours
72 annually
After 4 years employees not participating in PTO earn how many hours of sick leave?
96 hours
An employee may use up to how many days or 50% of current accrued sick leave (whichever is greater) to care for a member of the employee’s immediate family.
12 days
Employee’s immediate family is defined as what?
spouse, certified domestic partner, dependent children, mother father living in the same domicile or dependent children not living in the same domicile
Who can waive restrictions for the amount of sick time used to care for a family member if special circumstances exist?
city manager or designee
If calling in sick nonshift employees must notify no later what?
the start of the work day
If calling in sick shift employees must notify no later what?
60 minutes prior to the start of shift
All shift employees will notify the designated supervisor at least one hour in advance of the intent to return to work following absence due to illness or injury of more than how many days?
two days
An employee absent for how many days shall be required to report to EHS prior to returning to work to verify the employee is fit to work? Failure to do so can result in what?
3 or more days. denial of the use of sick leave and the approval of the employee to return to work
Can the provision to report to EHS after missing three days be waived?
yes, as long as EHS is not open and the absence is not due to injury
If an employee is possibly abusing sick leave can the city require a doctor’s note for sick leave under three days?
yes but the employee must be noticed in writing and it is only good for 1 year at a time
If an employee refuses to EHS when required what may be denied?
The use of sick leave
Sick leave can be used in what increments if approved by department head/designee?
less than two hours
Can an employee use vacation leave when they are sick?
yes, but it is considered sick leave for all purposes
Eligibility for sick leave incentive award is based on what?
adjusted service date and the amount of sick leave or vacation in lieu of sick leave used in the previous year of service
2 hours of less of sick leave incentive award
32 hours
more than 2 to 10 hours of sick leave incentive award
24 hours
more than 10 to 20 hours of sick leave incentive award
16 hours
more than 20 hours of sick leave incentive award
none
Employees hired after June 20, 2013 the maximum accumulated unused sick leave shall not exceed how many hours?
1040
3 days of bereavement leave must be taken when?
within 5 days of the death, funeral, or memorial service
An insubstantial amount of time is considered what?
any time less than 7 minutes
community policing events that run into an officer’s regular shift are considered what?
continuation of the normal workday
Community policing event that starts and starts off duty officer will receive time and half and a minimum of how many hours?
2 hours
Can a shift supervisor require an officer to adjust for community policing events?
yes within the same work period for hour to hour basis
When an entire regularly scheduled work week is charged as either vacation, holiday, or any one type of paid leave or combination does it count as hours worked for OT purposes?
NO
All employees in a position for overtime are entitled to “call out” pay if he/she is ordered to and does report within how many hours? And how many hours are guaranteed?
less than 16 hours notice and 3 hours of OT
All employees in a position eligible for OT are entitled to how many hours of work adjustment time if he/she is ordered to and does report with more than 16 hours notice?
a minimum of 2 hours
A standby status for one calendar week at a time will be paid at how much?
$100 (less than a week it will be prorated)
How long does a corporal act as a sergeant before they get paid acting pay? And how much are they paid?
at least 40 consecutive hours and 5 % above their base pay
For the purposes of court what does on call mean?
Prepared to respond within 1 hour in court appropriate attire to a court appearance while off duty
FTO Officers shall receive how much per hour when training an officer?
$1.8750 per hour extra
Longevity pay is for any regular full time employee hired before when?
March 2, 1992
Longevity pay for 20-25 year employees
5% of base pay (paid for preceding 6 months)
Longevity pay for 25 plus year employees
6% of base pay(paid for preceding 6 months)
Employee shall pay no more than what percentage of the total premium for Employee only coverage.
20%
City pays what percentage for life insurance
100%
City can reopen the Health and Life Insurance article with how many days notice to the FOP?
30 days
Tuition reimbursement shall be administered in accordance with what?
The City of Gainesville HR Policy B-1
Dry cleaning allowance
$550 (paid twice a year Oct 1 and Apr 1)
Annual clothing allowance to plain clothes officers
$575 (paid twice a year Sep 30 and Apr 1)
Leather allowance
$100 a year first quarter of fiscal year
Health assessments Type A
40,50,60
Health assessments Type B
30, 35, 45, 55
Fellow employees can donate vacation time to an affected employee in what increments?
2 to 40 hours
Total donated time shall not exceed how many hours?
480 hours
No restrictions on donated leave time if what is expected?
death within a year
Who can accept or give donated leave time?
full time employees who have completed the initial probationary period
What can a take home care be used for?
driving to and from work, accredited school, dry cleaning, physical fitness, or justified operational purposes cleared by the chief or designee
Any change in the number or identity of family members to be transported in take home care must be made in writing to the the Chief of Police or designee for approval how many days in advance?
15 days in advance
If transporting family members, the member must provide what insurance coverage?
PIP and 100,000/300,000 per occurrence liability
How many days notice must a member give to the city if cancelling or reducing the required insurance limits?
30 days
Police action taken off duty as a result of take home vehicle is compensated how?
Appropriate rate of pay and for only the hours worked. No call out pay or minimums
If employee is injured on duty he/she shall receive her regular pay for what time frame?
first 30 days of the absence
If the employee is at fault for an on the job injury how much injury leave do they get?
15 calendar days
After employees are authorized to return to rehabilitative duty do their leave benefits stop?
Yes, and they are not entitled to elect to sick leave in lieu of returning to work
Leave requests for less than one full pay period should be handled how?
Personnel Leave request form attached to timesheet
If a leave request is longer than this number of days it will affect the employee’s pension service date?
90 days
An eligible employee who is the next of kin of a covered service member and the service member is injured in the line of duty is entitled how many weeks of leave in a single 12 month period to care for the service member?
26 weeks
Employees are generally eligible if they have worked for the City for what length of time?
1 year and for at least 1250 hours for the 12 months prior to the leave
Employees must provide at least how many days notice for FMLA leave when the need is foreseeable?
30 days
The city for FMLA purposes may temporarily transfer an employee to an available alternative position as long as what? WIll they be returned to their previous position after the leave is over?
it has equivalent pay and benefits. yes
If employee required to make an insurance payment fails to do so the health care coverage may be dropped after this time frame?
30 days
City has to do what prior to dropping the employees health insurance?
notify in writing at least 15 days before the date that the health coverage is retroactively cancelled
For FMLA an employee may use up to a maximum of how many hours of the employee’s applicable accrued leave?
480 hours
How many hours of sick or vacation in lieu of sick for the birth, adoption, or placement of a child?
96
When an employee is using PTO how many hours must be taken before hours from the personal critical leave bank can be taken?
16 hours
How much Partner medical leave can be used in the the FMLA leave year?
12 weeks
Personal leave cannot exceed over a year and can be used for what reasons?
health or family problems, education, military leave, extenuating personal reasons
Employees must apply for Personal Leave in writing at least how many working days prior to the beginning of the leave?
10 days
A replacement position for someone who took personal leave cannot be at a higher wage. If they refuse the position what happens?
The employee can be terminated
Employees covered by the contract shall be eligible for Paid Parental Leave in accordance with what HR policy?
L-2
Time off shall be granted for the purpose of attending annual military training for a period not to exceed how many hours?
240 hours
For the purpose of active military service the first how many calendar days of any such leave will be with full pay from the city?
30 calendar days
If the number of candidates meeting the minimum qualifications for promotions as stated in the job announcement exceeds this number further screening may be utilized
12
Vacancies for promotion shall be fill utilizing what rule?
Rule of 10
Probation should include at least how many months after the completion of the FTO program?
six months
If involuntarily assigned to a specific patrol assignment (grace, mall, downtown unit, etc) what are the requirements?
At least one year of solo experience, not previously assigned involuntarily, and will only be in the position for 6 months
Laid off employees recalled within how many days shall have their tenure restored?
180 days
Laid off employees must notify HR of their intention of returning to work with how many days after the mailing of notice of return to work option?
7 days
If an employee is absent for this many days without notify his/her supervisor or the HR department it will be considered a voluntary quit
3 consecutive days
Employees hired after October 1 2019 are not eligible for what?
The Transitional Wage increase
For merit raise the review of employees performance will occur for what time frame?
October 1 to September 30
For evaluations, the effect promotion date becomes the new what date?
Evaluation
Canine officers work 10 hour shifts within a pay period. One of those shifts is paid leave for what?
Canine care
If canine officers move to a 12 hour schedule they will only be provided how many hours of canine care?
4 hours
The city will give the Union a copy of such minor change(s) at least how many days prior to the adoption of such change(s).
30 days
Either party may reopen the negotions of any pension issues upon how many days written notice to the other party.
60 days
Once an employee enters drop on or after Jan 1 2020 they must move to what leave system?
PTO
PTO accrual 0 to 5 years
6 hour 10 minutes
PTO accrual 5 to 10 years
7 hours 42 minutes
PTO accrual 10 to 15 years
8 hours 37 minutes
PTO accrual 15 to 20 years
9 hours and 14 minutes
PTO accrual 20 to 25 years
10 hours and 28 minutes
PTO accrual 25 or more years
10 hours and 47 minutes
How many unscheduled leave in a one year period can an employee take?
5 occurences
Scheduled PTO leave will be counted as hours worked and PCLB or unscheduled leave will not be counted as hours worked.
True
Carryover of PTO Leave 0 to 5 years
160 hours
Carryover of PTO leave 5 to 10 years
200 hours
Carryover of PTO leave 10 to 15 years
224 hours
Carryover of PTO leave 15 to 20 years
240 hours
Carryover of PTO leave 20 to 25 years
272 hours
Carryover of PTO leave 25 or more
280 hours
PBA - A written list of the association representatives shall be furnished to the city HR with a copy to the Chief of Police prior to when?
Prior to the effective date of their assuming office
PBA - The representative shall not conduct association business either expressed or implied while acting in this role?
supervisory or commander role
PBA - How many association representatives are allowed?
Shall not exceed 2
PBA - Up to how many employees in any one instance as a member of the association may be granted time off by the Chief of Police?
One
PBA - How many hours shall the city donate to association pool time each fiscal year?
25 work hours
PBA - Step One grieve within 10 days to who?
supervisor who is outside of bargaining unit
PBA - If grievance is not settled at step 3 and arbitration is demanded the union must do what?
serve in writing notice of intent to appeal to the city manager and the HR director within 20 calendar days after receipt of the city’s response of step 3
PBA - How many arbitrators make up the initial panel?
7
PBA - How many strikes to HR and the union each of for the panel made up of arbitrators?
3 each
PBA- Who picks first when striking arbitrators?
party requesting arbitration
PBA - Within how many days should employee’s notices be issued from the time the Chief of Police knows with reasonable certainty that causes for such actions exist?
20 days
PBA - IA investigations for minor offenses shall be completed in what time frame from the issuance of notice of allegation?
45 days can be extended another 45 days for reasonable grounds
PBA - IA investigations for major offenses shall be completed in what time frame from the issuance of notice of allegation?
90 days can be extended another 60 days for reasonable grounds
PBA - Running of limitations in this article is tolled:
written waiver, criminal investigation, officer is incapacitated, multijurisdictional investigation, state of emergencies, officer’s compliance hearing
PBA - Optional holidays can be taken in what increments?
1 hour intervals
PBA - No employee should be required to work more than how many consecutive weekends?
10
PBA - No employee assigned as district commander shall be required to work nights for more than how long>
1 year straight
PBA - Administrative meetings shall receive minimum guarantee of two hours at 1 1/2 pay or what?
ability to adjust schedule to ensure the administrative meeting falls within regularly scheduled hours of work for that day
PBA - Dry cleaning allowance
560
PBA - Clothing allowance
585
PBA - Leather allowance
100
An extension of leave is required the request for extension must be submitted on a the leave request form at least how many days in advance?
5 days
PBA - Acting pay for higher class must be how many hours consecutive? and at what rate?
40 hours and 5%
PBA - Overtime rate is what?
1 1/2 times not to exceed $50 flat rate unless a higher flat rate is negotiated
The words fail, failed, or failure when used in this policy are based upon a confirmed positive test result reported by who?
the Medical Review Officer
Employees arrested for an alcohol related incident as indicated on the arrest report shall notify the city management representative over the employee as soon as feasible in in any event no later than how many hours after the arrest? an under what circumstances?
24 hours, during work hours/operating city vehicle/while operating a personal vehicle on city business
Absent mitigating circumstance what can the first offense punishment be?
up to termination
Last chance agreement can be utilized when mitigating circumstances are apparent in lieu of what?
dismissal
What constitutes a refusal to submit to a drug or alcohol test?
failure to provide adequate breath, blood, urine or engages in conducted that clearly obstructs the testing process
Any applicant that refuses to submit to a drug test, refuses to sign a consent form, fails to appear for testing, tampers with the test, or fails a preemployment test will be ineligible to be hired for what time period?
at least two years
How many management representatives shall substantiate and concur in the decision to drug or alcohol test an employee?
two
How many management representatives need to witness behavior or conduct the investigation that leads to a DFWP test?
one
Circumstances that constitute a basis for reasonable suspicion testing
a pattern of abnormal erratic behavior, information provided by a credible reliable source, direct observation of drug use, presence of physical symptoms of drug use, violent or threatening behavior, absenteeism and/or tardiness, odor, performance related accidents
No drug test should be performed after how many hours for a performance related accident?
32 hours
For alcohol related incidents where alcohol testing is needed the test should be performed within how many hours and at the maximum by when?
2 hours and no longer than 8 hours
What conditions require accident related testing?
city employee operating city vehicle or non city vehicle on city business that results in a moving violation, death to another person or employee, injury to the employee requiring off site treatment, or property damage greater than $2500 unless employee is absolved of all blame
For the purposes of selection for testing, employees shall be identified only by what?
SSN
Upon notification to the employee and his/her immediate supervisor that a drug test is required when does the employee report?
as soon as practical but no later than the end of current shift after notification
Undercover officers are drug tested where?
EHS and must report as soon as practical but at least within 24 hours
What panel drug test will be utilized?
8 panel dip stick drug test
When does an employee have to report to EHS for position change testing?
within 48 hours of receiving notification
If an employee is in a drug program follow up testing will be conducted at what frequency?
at least once a year for two years after program completion
Applicants and employees will be given an opportunity prior to and after testing to provide any information to include drugs they have taken within the past how many days before the test?
30 days
The laboratory will disclose to the MRO within how many days written positive confirmed test results?
7 days
Within how many days of receipt of the results, the MRO will notify the Designated Employer Representative of negative results or contact the employee or applicant regarding confirmed positive test results?
3 days
The MRO may verify a positive test without having communicated to the employee about the results in what circumstances?
employee or applicant declines the opportunity, within two working days after contacting the designated management official the employee or applicant has not contacted the MRO
Within how many days after the city receives a confirmed positive test result from the MRO the city will notify the employee or applicant in writing of the test results?
5 calendar days
Mailed notification is considered received by the employee after this time frame?
7 calendar days
Written records will be kept for how long in regards to drug testing?
2 years
The drug testing laboratory shall retain for a minimum of how long all confirmed positive specimens?
1 year
If there is no challenge for drug test results the lab can discard the specimen after how many days
210 days
How long does the employee have to contest drug test results?
5 working days
The city will review drug test challenges and notify the employee within how many days of their finding? How long is the confidential documentation kept?
15 days of receipt of the explanation or challenge, one year
Can an employee or applicant request a specimen be retested?
Yes within 180 days
Employees referred to the Substance Abuse Professional as a result of a first violation of the DFWP will be allowed to continue their employment if:
contact SAP and adhere to all terms of treatment and counseling, cease all use of drugs/alcohol, consent in writing to periodic unannounced tests up to 60 months after treatment or returning to work, pass all drug tests, the union and employee abides by agreement
If a search is conducted under DFWP a substance abuse investigation report shall be completed within what timeframe?
24 hours
As a condition of employment each employee is required to report a drug arrest within how many hours of such event?
48 hours
After a preliminary investigation into an arrest is completed but no later than how many days after the CHief of POlice is notified of the arrest normal personnel procedures shall be implemented?
15 days
DFWP Consent form must include what:
name of person authorized to obtain the information, purpose of disclosure, precise information to be disclosed, duration of the consent, signature of person authorizing release of information
MRO shall retain reports of individual positive test results for what period?
two years
DFWP The city shall keep negative test results for what period?
two years
DFWP Records regarding the collection process
3 years
DFWP records of number of employees tested by type of test
5 years
DFWP records for training of managers, supervisors, and employees
3 years
