FOP CONTRACT Flashcards
5.2 Whenever it is determined that Civil Emergency conditions exist, including riots, civil disorders, hurricane conditions, or similar catastrophes, or when such conditions can reasonably be determined to be imminent….provisions of this agreement may be suspended by whom?
The mayor and/or Sheriff
Special meetings between FOP and Employer shall be held within how many days if requested in writing?
10 Calendar days
How many days for reissuance of conflicting written directives?
on or before 60 days after city council approves agreement
How many days when possible is the time given for in-service?
10 working days
Employees required to work more than 12 hours due to a declared emergency shall be furnished a hot meal when?
on the second and each succeeding day within the 12 hour tour of duty.
If an officer does not wish to ride with a particular individual, what must be done?
notify commanding officer through inter-department correspondence (P-004) with reason and forward to JSO Chief of Patrol.
Employees shall be notified of Transfers under normal circumstances in how many days?
15 calendar days or if there is a situation that requires immediate reassignment. The 15 days can be waived if both parties agree.
When can a reserve officer or other member of other police department wear a rank higher than their assigned police officer?
During the time that the Sheriff’s Office has declared an emergency
An employee may be placed on admin leave without loss of pay when?
For any reason deemed necessary by the Sheriff’s Office
Article 9—What is a Grievance?
defined as a dispute involving the interpretation or application of this agreement
Grievances challenging demotion with loss of pay, suspension with loss of pay or terminations shall be filed at what step?
step IV
In computing any period of time prescribed or allowed by this article
the day of the act, event, or default from which the designated period of time begins to run shall not be included
The last day of the period so computed shall be included unless?
it is a weekend or holiday recognized by this agreement, in which event the period shall run until the end of the next day which is neither a weekend or holiday.
Step 1 of Grievance process- how many days of the occurrence or could have reasonably known must they submit in writing and sign it?
Who do they present it to?
within 10 days
Assistant Chief or designee
Step 1 of Grievance process- The A/C has how many days to schedule to meet with the grievant and rep (FOP)?
within 10 days
Step 1 of Grievance process- Following step 1 meeting, how many days does the A/C have to submit a final written response to grievant and the FOP?
no later than 10 days following step 1 meeting
Step 2 of Grievance process-If grievance is not settled at step 1, the grievant may present the grievance to?
Within how many days?
Division Chief or designee
within 5 days of receipt of the step 1 response, or if a timely step 1 response was due.
Step 2 of Grievance process- The Division Chief has how many days to schedule to meet with the grievant and rep (FOP)?
within 10 days of receipt
Step 2 of Grievance process- Following step 2 meeting, how many days does the Division Chief have to submit a final written response to grievant and the FOP?
no later than 10 days following step 2 meeting
Step 3 of Grievance process is same as step 2 but the grievance is sent to who?
Director or designee
Step 4 of Grievance process is same as step 3 but the grievance is sent to who?
Sheriff or designee
If the grievance is not settled in accordance with this article, the grievant or the FOP (on behalf of grievant) may request arbitration by submitting a written request to whom? Within how many days?
JSO Chief of Human Resources and a copy to the City’s Director of Employee Services.
no later than 30 calendar days after receipt of step 4 response or when it was due
If the request to arbitrate is not received by the JSO Chief of Human Resources witnin____days, the step 4 response will be final and binding upon the grievant and the FOP.
30 Calendar days
If the grievant submits the request for arbitration without the financial support of the FOP, what must the grievant do?
must submit written notice of intent to pay all costs of the arbitration. The Grievant shall provide the Employer with written confirmation that funds are reserved in a trust or escrow for payment of arbitration services before it is allowed to proceed.
Upon appeal to arbitration, the FOP or employee may, in the written notice for arbitration, include the names of how many certified Federal Mediation and Conciliation Services (FMCS) or American Arbitration Association (AAA) arbitrators, either of whom is acceptable to the FOP or the employee to arbitrate the grievence?
2 (two)
If the two parties involved in the selection do not mutually agree on either of the names initially submitted, the FMCS or AAA shall be requested by the Employer to provide a panel of how many arbitrators?
5 (five)
The parties shall then alternatively strike names until only__________name remains?
1 (1)
An arbitrator other than outlined above, may be mutually selected by the parties to the arbitration proceedings. True or False?
true
Is testimony given at an arbitration hearing under oath? Yes or no?
yes
Can post hearing briefs be filled at the request of either party or the arbitrator? Yes or No
yes
How may days does the arbitrator have to render a decision?
within 30 days of the receipt of post hearing briefs or the close of the hearing, whichever is later.
The arbitrator shall have jurisdiction and authority to decide the grievance, as defined in this article. True or False?
true
The arbitrator shall have no authority to change, modify, amend, ignore, add to, subtract from or otherwise alter or supplement the agreement or any part thereof or any amendment thereto. True of False?
true
In rendering any decision, the arbitrator shall only consider what types of evidence submitted at the hearing?
Written
Oral
Documentary
The arbitrator many not issue declaratory or advisory opinions. True or false?
true. Must be actual and existing
The decision of the arbitrator shall be final and binding on all parties, subject to those challenges permitted by law. True or False
True
However, the authority and responsibility of the Employer as provided by what chapter of the Florida Statues and the Charter of the city of Jacksonville shall not be usurped in any manner unless specifically amended or modified by this agreement.
chapter 447
Both parties equally pay for the arbitrator. Who pays for the cost of witnesses and representatives and a copy of the transcript?
Each party shall bear this cost
If an employee acts independently or or in disregard of the position of the FOP, who will bear the share of the cost of the arbitrator and expenses?
The employee
Can an employee file an appeal under this agreement concerning any matter that has previously appealed through the Civil Service and Personnel Rules and Regulations?
NO
Any grievance not processed with the time limits provided in this article shall be considered?
Abandoned
Can time limits be extended or waived if agreed to by both parties?
Yes
The procedure for dismissals, demotions, and suspensions shall be outlined in the COJ Civil Service and Personnel rules and regulations and the?
Florida Law Enforcement Officer’s Bill of rights, Section 112.532
Police recruits and entry level probationary police officers (as opposed to police sgts on promotional probation) who are dismissed from employment shll have no right or rights to a civil service hearing or to appeal?
No rights
Disciplinary Hearing Board shall be comprised of law enforcement officers currently employed by JSO. How many members and who selects them?
5 members. 2 selected by administration. 2 selected by aggrieved officer. The fifth selected by the other 4.
Can a relative of the aggrieved officer be on the board?
No
Is a disciplinary hearing board formal or informal?
Informal- no attorneys will be utilized by either party
The aggrieved officer during a DHB shall be provided the opportunity to respond to charges against him, and able to provide a list of______and present evidence against them.
witnesses
Any member of the DHB may request through the chairperson to call witnesses to give testimony germane to the events leading to the charges being levied. True or False
True
The DHB will review information presented at the informal hearing and consider which standards?
JSO disciplinary standards
Who does the DHB make a recommendation to about the level of discipline (if any)?
The Sheriff
Is the DHB decision Binding upon the Sheriff?
No- just advisory
If the decision of the Sheriff is unsatisfactory to the aggrieved officer they may appeal to whom or request what?
May appeal to Civil Service Board within 10 days or request Arbitration within 5 working days.
It is agreed that the convening of the Sheriff’s Dept. Hearing Board shall be effectuated in what time frame?
Expeditiously as possible following the charges being levied against the aggrieved officer.
No suspension with loss pay shall be implemented until any requested civil service or arbitration hearing has been held and an opinion rendered, except?
as provided in article 13 (this shall not apply to terminations)
Article 11: Bill of Rights-part 1
Whenever an officer is under investigation and subject to interrogation or interview by members of their agency for any reason which could lead to disciplinary action, demotion, or dismissal, the following conditions must exist:
- Interview/interrogation at a reasonable hour- preferably on duty-unless so serious that it needs to be immediate action is required.
- take place at internal or the police unit where it occurred
- shall be informed of the rank, name and command of the officer in charge of investigation, the interrogating officer and all persons present during interview. All questions asked by 1 person at any one time.
- Informed in writing of the nature of the investigation prior to any interview and the name of the complainant.
Article 11: Bill of Rights-part 2
Whenever an officer is under investigation and subject to interrogation or interview by members of their agency for any reason which could lead to disciplinary action, demotion, or dismissal, the following conditions must exist:
- Interviews should be for reasonable periods and time for personal necessities and rest periods.
- not be subjected to offensive language or threatened with a transfer, dismissal or disciplinary action. No promise or reward given to answer questions.
- All times shall be recorded and there shall be no unrecorded questions or statements. A copy shall of the recorded interview shall be provided upon request within 72 hours.
- If officer is under arrest or likely to be, the officer shall be provided his rights.
Article 11: Bill of Rights-part 3
Whenever an officer is under investigation and subject to interrogation or interview by members of their agency for any reason which could lead to disciplinary action, demotion, or dismissal, the following conditions must exist:
- Officer shall have the right to have counsel or rep present of their choice at all times during interview.
- Officer shall have written notification of disposition of the comp/allegation. The investigation shall be sustained, not sustained, exonerated, or unfounded.
- Officer has right to review all complaints, and documents immediately prior to interview
- Whenever practical, officer should be interviewed last.
Article 12- Drug and alcohol abuse
Within limitations, as outlined in this article, employees found to have drug abuse problems will be encouraged to participate in?
An employee assistance program or rehab program
controlled substance is?
Any of the substances named in schedule 1 and V of section FSS 893.03 and any designer drugs subject to controls
JSO employees must inform their supervisors if any drugs or therapeutic treatments effects the performance of their duties. Supervisors must inform whom?
JSO Human Resources
Any JSO employee using legal over the counter non-prescription drugs which in any way impair or affect their job performance is responsible for bringing this fact to the attention of?
Immediate supervisor on a Form P-004
Information relating to use of over the counter drugs can be removed at the request of the employee after it has been in the medical file for?
6 months, unless the usage of such medication is part of on going treatment
The supervisor of any employee, upon being informed of using over the counter or prescription drugs which could interfere with the performance of his duties shall make further inquiries to determine whether the employee is fit to perform those duties. Whom must they consult with to decide whether the employee is fit for duty?
Commanding Officer
If employee is unfit the employee shall be placed on what?
personal leave
Should the employee and commanding officer disagree with their ability to be fit for duty, who make the final determination?
Department staff duty officer
Information regarding the use of legal drugs taken by an employee will be forwarded to?
JSO Human Resources Division, maintained in a confidential medical file
All Sheriff’s Office employees haven an obligation to inform whom if another employee is violating JSO drug Policy?
supervisor or ranking officer
If any employee knowingly ingests any drug in the performance of their duties, who is notified with a form 4?
supervisor on duty
Incidents of ingestion of drugs on duty will be documented with the initiation of Form P-004 to be followed by a detailed report from the employee’s Whom to whom?
Employee’s commander through channels to the Sheriff.
Consumption, ingestion, injection or inhalation of a substance must be avoided unless?
Their lives are endangered
Employees knowingly subjected to the passive inhalation of a drug, such as marijuana, will submit a form P-004 to whom?
Supervisor on duty