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Title: Agreement between University of Florida Board of Trustees and Florida Police Benevolent Association, Inc.
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Title: Agreement between University of Florida Board of Trustees and Florida Police Benevolent Association, Inc.
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Table of Contents
    Title Page
        Title Page
    Table of Contents
        Table of Contents
    Preamble
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    Main
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    Appendix
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Full Text
















AGREEMENT BETWEEN
UNIVERSITY OF FLORIDA BOARD OF TRUSTEES
AND
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC.


September 1, 2007 through June 30, 2010









TABLE OF CONTENTS

ARTICLE PAGE NO.

P ream ble .................................... ................... ... .... .... 1
Article 1 Recognition ................. .................................... ...... 2
Article 2 Management Rights ............................................ ............ 3
Article 3 Employee Representation and PBA Activities ........... ...............4
Article 4 No Strike ............................... .......... .................. 8
Article 5 Dues Deductions .............. .. ................... ............. 9
Article 6 Nondiscrimination ............. ....... ..................... 11
Article 7 Work Week and Work Day ......................... .......... 12
Article 8 On Call Assignments, Call-Back and Court Appearance .................. 15
Article 9 Promotions and Assignments .......................................... 16
Article 10 -Performance Evaluations ................................. .............. 18
Article 11 Internal Investigations and Discipline ........... ....................... 19
Article 12 Drug Testing and Fitness for Duty ........................ ............22
Article 13 Employment Status ........... ...... ............................. 24
Article 14 Personnel Records ........... ..... .............................. 26
Article 15 Grievance Procedure ....................................................... 27
Article 16 Health and Safety ....................................................... 34
Article 17 Conflict of Interest and Outside Employment ........... .............. 36
Article 18 -Wages ................... ..................................... ........ ... 37
Article 19 Acting Pay ..................................... ...................... 39
Article 20 Benefits ................ ............................................ 40
Article 21 Seniority ................................... ...................... ........ .. 41
Article 22 Leave .................... ........... .......................... ........ 42
Article 23 Learning Opportunities .................. ................... ...............43
Article 24 Emergency Expenses ................................... ..... .............. 44
Article 25 Uniforms and Equipment ................................ ............. 45
Article 26 Replacement of Personal Property ........... ..................... 46
Article 27 Layoffs and Recall ............. .................... .................. 47
Article 28 Totality of Agreement .................................................. 48
Article 29 Savings Clause ................................ ............. ....... ... 49
Article 30 Duration ............................... ................... .......... 50
Signature Page ................ ...................... ................... ... ......... 51
Appendix A .................................... .............................. 52
Appendix B ................... ................................. ... ........ 53
Appendix C ................... ................................. ... ........ 55
A ppendix D ....................... ............. ................................. 57









PREAMBLE


THIS AGREEMENT is between the UNIVERSITY OF FLORIDA BOARD OF
TRUSTEES ("UFBOT" or "University"), and the FLORIDA POLICE
BENEVOLENT ASSOCIATION, INC. ("PBA") representing the employees in the
University of Florida Law Enforcement Bargaining Unit, PERC Certification No. 1418;
and

WHEREAS, it is recognized by the UFBOT and the PBA that the public policy
of the State and the purpose of Chapter 447, Part II, Florida Statutes, is to provide
statutory implementation of Section 6, Article 1 of the Constitution of the State of
Florida, and to promote harmonious and cooperative relationships between governmental
entities and their employees, both collectively and individually, and to protect the public
by assuring, at all times, the orderly and uninterrupted operations and functions of such
governmental entities;

NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the UFBOT and the PBA do hereby agree as follows:










ARTICLE 1
RECOGNITION
1.1 Inclusions

The UFBOT hereby recognizes the PBA as the exclusive representative for the
purpose of collective bargaining with respect to wages, hours, and terms and
conditions of employment for all law enforcement employees certified pursuant to
Chapter 943, Florida Statutes included in the University of Florida bargaining unit
defined in Certification No. 1418 issued by the Florida Public Employees
Relations Commission on September 8, 2003, and any amendments thereto.

1.2 Exclusions

This Agreement specifically excludes employees in positions designated with
managerial, confidential, temporary, or emergency status, and all persons paid
from Other Personal Services (OPS) Funds.

1.3 Classes and Positions

A. When the University establishes a new law enforcement classification or
revises an existing bargaining unit classification so that its bargaining unit
designation is changed, the University shall notify the PBA regarding the
proposed bargaining unit designation of the classification. The PBA shall
notify the University, in writing, within fifteen (15) calendar days of
receipt of the notice, of any comments it has regarding the bargaining unit
designation or of its desire to discuss such designation. If, following such
discussion, the PBA disagrees with the bargaining unit designation of the
classification, it may request that the Florida Public Employees Relations
Commission resolve the dispute through unit clarification proceedings.

B. When a new position is created in a classification that is included in the
bargaining unit, and the University determines that the position should be
excluded due to its managerial or confidential status, the University shall
notify the PBA of such determination. The PBA shall notify the
University, in writing, within fifteen (15) calendar days of receipt of the
notice, of any comments it has regarding the bargaining unit designation
or of its desire to discuss such designation. If, following such discussion,
the PBA disagrees with the bargaining unit designation of the position, it
may request that the Florida Public Employees Relations Commission
resolve the dispute of unit placement.

C. The ability of the PBA to offer comments or discuss changes pursuant to
either Section 1.3.A. or 1.3.B. above will not serve to waive any right of
impact bargaining over the creation or revision of job classifications under
this Section if such right exists and is properly elected to be exercised by
the PBA.











ARTICLE 2
MANAGEMENT RIGHTS

2.1 The PBA agrees that the University has, and will continue to retain, whether
exercised or not, the right to determine unilaterally the purpose of the University,
set standards of services to be offered to the public, and exercise control and
discretion over its organization and operations. It is the right of the University to
direct its employees, take disciplinary action for proper cause, and relieve its
employees from duty because of lack of work or other legitimate reasons, except
as abridged or modified by the express provisions of this Agreement; provided,
however, that the exercise of such rights shall not preclude an employee or
employee representative from raising a grievance on any such decision which
violates the terms and conditions of this Agreement.

2.2 If it is determined that civil emergency conditions exist, including riots, civil
disorders, hurricane conditions, similar catastrophes or disorders, the provisions
of this Agreement may be suspended by the UFBOT during the time of the
declared emergency, provided that wage rates, overtime, and other monetary
benefits shall not be suspended and provided further that any disciplinary action
shall be grievable at the end of the declared emergency in accordance with the
provisions of this Agreement.









ARTICLE 3
EMPLOYEE REPRESENTATION AND PBA ACTIVITIES

3.1 Designation and Selection of Representatives

A. The President of the PBA shall annually furnish to the University, no later
than January 1, a written list of Employee Grievance Representatives,
PBA Staff Representatives, and other PBA representatives who are
designated to assist in processing grievances. The list will include the
name, address and work telephone number of each Employee Grievance
Representative, PBA Staff Representative, and other PBA representatives.
The University will not recognize any person as an Employee Grievance
Representative, PBA Staff Representative, or other PBA grievance
representative whose name does not appear on the list. This list may be
amended in writing as new representatives are designated in writing by the
PBA.

B. A total of four (4) employees may be designated to serve as Employee
Grievance Representatives.

3.2 Representative Access

A. Employee Grievance Representatives, PBA Staff Representatives, and
other PBA grievance representatives shall have access to the premises of
the University in accordance with policies regarding public access to
University property, and may request of the Chief of Police or designee in
writing access to the premises of the University, including premises not
available to the public under University policies for the purpose of
investigating an employee's grievance. Any permission for access shall
not be unreasonably denied and shall be limited to the working hours of
the employee with whom the representative wishes to speak. Such access
and investigation shall not impede University operations. If access is
denied, UF will provide in writing its reasons.

B. The PBA shall have the right to use University facilities for meetings on
the same basis as they are available to other university-related
organizations.

3.3 Consultation

A. Consultation with Chief of Police. The Chief of Police or designee shall
meet with up to three (3) local PBA representatives, or such other number
as the parties agree, to discuss matters pertinent to the implementation or
administration of this Agreement, or any other mutually agreeable matters.
The party requesting consultation shall submit a written list of agenda
items no less than one (1) week in advance of the meeting. The other
party shall also submit a written list of items in advance of the meeting if









it wishes to discuss specific issues. The University and the PBA
understand and agree that such meetings may be used to resolve problems
regarding the implementation and administration of the Agreement;
however, such meetings shall not constitute or be used for the purpose of
collective bargaining. Neither party shall be obligated to meet under this
Article more than four (4) times per calendar year unless otherwise
mutually agreed upon.

B. Consultation with President or Designee. The President or designee shall
meet with up to three (3) local PBA representatives or such other number
as the parties agree, to discuss matters pertinent to the implementation or
administration of this Agreement, or any other mutually agreeable matters.
The party requesting consultation shall submit a written list of agenda
items no less than one (1) week in advance of the meeting. The other
party shall also submit a written list of items in advance of the meeting if
it wishes to discuss specific issues. The University and the PBA
understand and agree that such meetings may be used to resolve problems
regarding the implementation and administration of the Agreement;
however, such meetings shall not constitute or be used for the purpose of
collective bargaining. Neither party shall be obligated to meet under this
Article more than four (4) times per calendar year unless otherwise
mutually agreed upon.

C. If a consultation is held or requires travel time during the working hours of
any employee participant, such participant shall be excused without loss of
pay for that purpose. Attendance outside regular working hours shall not
be deemed time worked.

3.4 Bulletin Board

The materials posted on the board shall be related only to PBA matters and shall
not contain anything that violates or has the effect of violating any law, rule, or
regulation. No material shall be posted which is derogatory to any person or
organization, or which constitutes election campaign materials for or against any
person or organization or faction thereof, except that election material relating to
PBA elections may be posted on such boards.

3.5 Employee Information and Rules Provided

A. Upon written request of the PBA, the University, on a semi-annual basis,
will provide a list of bargaining unit employees, with the name, work
address, classification title, hourly rate of pay, and date of hire for each
employee. The PBA shall be responsible for payments of the applicable
charges for such information in accordance with the Public Records Act.

B. Rules enacted through the provisions of Chapter 120, Florida Statutes, will
be maintained on the University's web site. Other University or









Departmental policies, rules or departmental directives applicable to the
bargaining unit will be maintained in a location within the Police
Department accessible to employees, and employees will be notified of
such location.

C. At least twenty (20) calendar days prior to the adoption or amendment of
any University personnel rule which will change the terms and conditions
of employment for bargaining unit employees, UF will provide notice to
the PBA of its intended action, including a copy of the proposed rule or
the website where the proposed rule may be accessed, a brief explanation
of the purpose and effect of the proposed rule, and the name of a person to
whom the PBA may provide comments, concerns, or suggested revisions.
(This notice provision will not apply where a rule is promulgated as an
emergency rule under the provisions of Chapter 120, Florida Statutes.)
The PBA may provide its written comments, concerns, or suggested
revisions, if any, to the UF contact person within ten (10) calendar days of
receipt of the notice. The University will consider and respond in writing
to the comments, concerns, and suggestions of the PBA within ten (10)
calendar days of their receipt by the University; such response will include
the reasons for rejecting any suggested revisions. The PBA or the
University may use the consultation process described in Section 3.3 to
discuss such proposed revisions to a University personnel rule. However
the PBA must request such consultation within ten (10) days of receipt of
notice of the proposed rule revision. Nothing in this section shall
constitute a waiver of the PBA's right to negotiate over changes in terms
and conditions of employment.

3.6 Negotiations and PBA Activities

A. The University and the PBA shall each select its own bargaining team.
The PBA will be provided with a credit of fifty (50) hours of time to use
for collective bargaining during the 2007 negotiations and a credit of fifty
(50) hours to use for collective bargaining during the 2008 reopener
negotiations, subject to the conditions set forth below:

1. Employees on duty must coordinate their absence with supervisors
in advance to insure they can be absent without impacting
operations. Every reasonable effort will be made to approve such
requests;

2. Within 24 hours following each scheduled negotiating session, the
PBA will be responsible for providing written notification to the
Police Chief/designee of the individuals who were on duty during
negotiations and the hours to be charged against the 50 hour credit;

3. Employees not scheduled to work during the scheduled negotiating
session are not eligible to use the credit; and










4. Unused time will not accrue or carry over beyond the negotiations
for which the credit was granted.

B. If time off for collective bargaining in excess of what has been granted in
the form of a credit pursuant to Section A. above is needed, PBA
negotiating team members who are also University employees shall attend
negotiations on their own time, or while using accrued leave. The
University agrees to make a reasonable effort to facilitate leave requests or
to grant requests for schedule adjustments to allow PBA negotiating team
members to attend negotiations so long as additional costs are not incurred
and operational efficiency is not impacted.

C. Employees may request the use of accrued annual leave or unpaid leave
for the purpose of attending PBA conventions, conferences and meetings.
So long as such requests are made at least four (4) weeks in advance and
would not cause the Department to incur overtime or other costs, such
requests will not be unreasonably denied. If such a request in denied, the
PBA will be provided the reason for denial in writing.










ARTICLE 4
NO STRIKE

4.1 No Strike Agreement

Neither the PBA nor any of its officers or agents nor members covered by this
Agreement, nor any other employees covered by this Agreement, will instigate,
promote, sponsor, or engage in any prohibited activities as defined in Section
447.203(6), Florida Statutes.

4.2 Penalty

Any or all employees who violate any provision of the law prohibiting strikes, or
of this Article, will be subject to disciplinary action up to and including discharge,
and any such disciplinary action shall not be subject to the Grievance Procedure
established herein.










ARTICLE 5
DUES DEDUCTIONS

5.1 Deductions and Remittance

A. During the term of this Agreement, the University will deduct PBA dues
in an amount established by the PBA and certified in writing by the
President of the Florida Police Benevolent Association to the UFBOT,
from employees' pay for those employees who individually make such
request on the deduction form provided by the PBA included as Appendix
A. Such deductions will be made by the University when other payroll
deductions are made and will begin with the pay for the first full pay
period following receipt of the authorization by the University.

B. Where an employee has been suspended or dismissed and subsequently
returned to work with full or partial back pay, the University shall deduct
the PBA membership dues that are owing for the period for which the
employee receives back pay. Dues deduction will be resumed for such
employees and those employees who return from unpaid leave.

C. The PBA shall advise the UFBOT of any increase in dues or other
authorized deductions in writing at least thirty (30) calendar days prior to
its effective date.

D. This Article applies only to the deduction of membership dues and
uniform assessments, if any, and shall not apply to the collection of any
fines, penalties, or special assessments.

E. The University will not be required to process Dues Deductions
Authorization Forms that are: (1) incorrectly and/or incompletely filled
out; (2) postdated; or (3) submitted to the University more than sixty (60)
calendar days following the date of the employee's signature.

F. Deductions of dues and uniform assessments shall be remitted exclusively
to the President of the Florida Police Benevolent Association within thirty
(30) calendar days after the deductions are made, or as soon as practical
thereafter, along with a list containing the names of the employees for
whom the remittance is made. It shall be the responsibility of the PBA to
notify the University, in writing, of the name and address of the individual
to whom dues are to be sent, as well as any changes thereto.

5.2 Insufficient Pay for Deduction. In the event an employee's salary earnings within
any pay period are not sufficient to cover dues and any other authorized
deductions, it will be the responsibility of the PBA to collect its dues and uniform
assessments for that pay period directly from the employee.








5.3 Termination of Deduction


Deductions for PBA dues shall continue until either: 1) revoked by the employee
by providing the University and the PBA with thirty (30) calendar days written
notice that the employee is terminating the prior check off authorization, 2)
revoked pursuant to Section 447.507, Florida Statutes, 3) the termination of
employment, or 4) the transfer, promotion, or demotion of the employee out of
this bargaining unit. If these deductions are continued when any of the above
situations occur, the PBA shall, upon notice of the error, reimburse the employee
for the deductions that were improperly withheld.
5.4 Indemnification

The PBA shall indemnify, defend, and hold the UFBOT, the State of Florida, and
their officers, officials, agents, and employees harmless against any claim,
demand, suit, or liability (monetary or otherwise), and for all legal costs arising
from any action taken or not taken by the UFBOT, the State, or their officials,
agents, and employees in complying with this Article. The PBA shall promptly
refund to the University any funds received in accordance with this Article which
are in excess of the amount of dues that the UFBOT has agreed to deduct.










ARTICLE 6
NONDISCRIMINATION

6.1 Union Membership and Activities

Employees in the unit shall have the right to join, and participate in, or to refrain
from joining, forming or participating in the Union. Neither the Employer nor the
Union or employee will illegally discriminate against any employee in regard
thereto.

6.2 Unlawful Discrimination

Neither the University nor the Union nor an employee shall unlawfully
discriminate against any employee based upon race, color, sex, religion, national
origin, age, veteran status, disability, marital status, or sexual orientation. While
such disputes are subject only to the enforcement mechanisms established by law
and are not subject to grievance and arbitration under this Agreement, the Union
may, at any time, request a consultation with the Human Resources Director in
order to address issues of concern.










ARTICLE 7
WORK WEEK AND WORK DAY

7.1 Work Week

A. Patrol: The normal work schedule for Patrol will consist of 12-hour shifts.

B. Non-Patrol: The normal workweek for each of these employees assigned
to non-Patrol units/assignments shall be 40 hours, which shall apply to
bargaining unit employees assigned to the following units/assignments:
Criminal Investigations, Professional Standards, Fleet Manager,
Background/Internal Investigations, Community Services Division,
Training, Traffic Unit, and Canine.

C. When required hours of work exceed forty (40) per week for non-Patrol
units/assignments and eighty (80) hours for Patrol during the fourteen (14)
day work period, compensation for overtime worked shall be in the form
of cash payment unless the employee and the supervisor agree that the
employee be credited with compensatory leave. Except as otherwise
provided in Section 7.8 below, only actual hours worked shall count for
the purpose of computing overtime.

D. The University may establish an alternate work schedule for Non-patrol
units/assignments as deemed appropriate by the Chief of Police. Any
revised schedule will consist of a 14 consecutive day calendar work cycle
and regularly scheduled hours of eighty (80) per work cycle, with
overtime paid in accordance with the Patrol eighty (80) hour work cycle as
described above. Prior to implementing an alternative work schedule, the
Chief of Police shall provide the PBA with the proposed work schedule
and a list of employees affected. The PBA may consult with the Chief of
Police over the proposed alternate work schedule prior to implementation.
The duration of the alternate schedule is to be determined by the Chief of
Police. The hours of the workdays in the workweek, or alternate schedule,
are to be determined in consideration of the needs of the University, the
Police Department and the employeess. An alternate work week schedule
will not be implemented by the University until the PBA has had sufficient
time to review and consult with the Chief of Police on the proposed
schedule. However, if the consultation does not result in an agreement on
an alternative work schedule or the terms upon which it is to be
implemented, the alternative work schedule will not be implemented.

E. An employee will be given fourteen (14) calendar days notice of a change
in the employee's work week, work hours, or days off, except in an
official emergency, or to meet unforeseen law enforcement needs.









F. An employee who rotates to a different shift shall receive a minimum of
two (2) shifts off between the end of the current shift assignment and the
beginning of the new shift assignment, except when an emergency
situation or staffing limitations do not permit.

7.2 Work Day

A. The Department shall not require an employee to split a workday into two
(2) or more segments without the agreement of the employee, except in an
official emergency, or to meet unforeseen law enforcement needs.

B. The Department will make reasonable efforts to ensure that employees
receive a thirty (30) minute paid meal break each shift, and two paid
fifteen minute breaks, one in the first half of the shift and one in the
second half of the shift. These breaks will be considered work time.
Employees may be called to return to duty during these time worked
periods. There shall be no penalty or monetary consequences if the meal
or other breaks are not received.

7.3 Overtime Pay

Any required hours of work over 80 hours in the 14 calendar day work period
shall be compensated at the overtime rate. Except as otherwise provided in
Section 7.1 above, employees assigned to a 40 hour work week will be
compensated at the overtime rate when they work more than 40 hours in the 7
day work period.

7.4 Administrative Leave Increments

Should a bargaining unit employee have to use administrative leave, it will be
granted in increments of up to 8 to 12 hours for each workday the employee is
regularly scheduled to work.

7.5 Holidays

Should a bargaining unit employee work a holiday or if a holiday falls on the
employee's regularly scheduled day off, special compensatory leave will be
earned in increments of 8 hours.

7.6 Disciplinary Suspensions

In the event of a suspension of a bargaining unit employee for disciplinary
reasons, the number of days of the suspension will be based upon 8 hour
increments.

7.7 Special Compensatory Leave









A. An employee may accumulate up to 240 hours of special compensatory
leave except that unused special compensatory leave may be paid for by
the University at any time.

B. When an employee has accumulated in excess of 240 hours of special
compensatory leave, the supervisor may require an em ployee to use any
part of the employee's accrued special compensatory leave in increments
of 8 hours or in increments equivalent to the number of hours in an
employee's regularly scheduled workday. Normally, an employee will be
given 14 days notice when required to use special compensatory leave in
an increment in excess of 40 hours, and 7 days notice when required to use
special compensatory leave in an increment of 16 to 40 hours.

7.8 Special Events and Work Assignments

A. Employees assigned to work special events, football games or other
similar assignments shall be com pensated at their regular rate of pay for
all hours worked, and such hours will be counted for purposes of
computing overtime. When the event is reimbursable to the Department,
sick leave, annual leave, military leave, special compensatory leave, and
holiday hours will count as hours worked for the purpose of computing overtime.

B. If an employee reports prepared to work an assigned special event, and the
event is reimbursable to the department, the employee shall be credited with
the greater of the time worked or three hours.


7.9 The University agrees to consult with the PBA on the issue of Special Events
and work assignments as they pertain to overtime.










ARTICLE 8
ON-CALL ASSIGNMENTS, CALL-BACK AND COURT APPEARANCE

8.1 On-Call Assignment

"On-call" assignment shall be defined as any time when appropriate management
has instructed the employee, in writing, to remain available to work during an off-
duty period. An employee who is so instructed shall be required to leave word
where the employee may be reached by telephone or by other electronic signal
device in order to be available to return to a work location on short notice to
perform assigned duties.

8.2 On-Call Payment

A. On-call is not compensable for purposes of computing overtime; however,
travel time to and from work when called back is compensable time.

B. An employee who is required to be on call shall be compensated by
payment of a fee in the amount of two dollars ($2.00) for each hour such
employee is required to be on-call.

C. An employee who is required to be on call on a Saturday, Sunday, or a
holiday will be compensated by payment of a fee in the amount equal to
one-fourth (/4) of the employee's hourly base rate of pay for each hour
such employee is required to be available.

8.3 Call-Back

If an employee is called back to perform work beyond the employee's scheduled
hours of work for that day, the employee shall be credited with the greater of the
actual time worked, including time to and from the employee's home to the
assigned work location, or two (2) hours.

8.4 Court Appearances

If an employee is subpoenaed to appear as a witness in a job-related court case, not
during the employee's regularly assigned shift, the employee shall have the option to
either accept the witness fee or be granted a minimum of three (3) hours which shall be
counted as hours worked.









ARTICLE 9
PROMOTIONS AND ASSIGNMENTS

Promotions

9.1 The filling of vacant positions should be used to provide career mobility for
employees and should be based on the relative merit and fitness of the
applicants. The University shall fill a vacant position with the applicant who, in
the University's judgment, is most qualified to perform the duties as described in
the class specification, position description, and other documents describing the
position.

9.2 Promotional procedures and eligibility for promotions to bargaining unit positions
shall be in accordance with University rules and Departmental policies in effect at
the time the vacancy is to be filled. A variety of job related screening criteria may
be utilized for all employees who wish to be considered for a promotion.
However, the Department agrees that prior to any given promotion process for the
identification of qualified individuals eligible for promotion, the Department shall
announce by posting on the bulletin board the process to be used. In addition,
employees will be given a minimum of 14 calendar days from the date of posting
of promotional opportunities in which to submit application for consideration. A
list of qualified candidates for promotion will be developed from the promotional
process, and the list will be valid for one year from the date of issuance. The
Police Chief shall have the ability to select for promotion any candidate deemed
qualified as a result of the assessment process used and whose name appears
within the top eight (8) on the list of candidates eligible for promotion.

9.3 The University will identify for the Police Chief the following elements of any
written examination required for promotion:

A. the date(s) of the exam;
B. the major categories to be covered by the exam;
C. a list of study materials for applicants to consider in exam
preparation; and
D. the passing score that must be attained.

This information will be communicated to individuals scheduled to take the
examination no later than 60 days before the administration of the exam. When
extraordinary circumstances make it necessary to administer a promotional exam
at a time other than originally established, employees will be given adequate
notice to prepare for the examination.

9.4 The University will notify each employee who takes a promotional exam of the
exam results.

9.5 The parties acknowledge that the University is in the process of developing new
promotional processes for bargaining unit positions. The University agrees that









the PBA may designate a Sergeant within the bargaining unit to participate in the
development of such processes. The individual designated by the PBA will not be
eligible to participate in the promotional processes developed pursuant to this
Section. Moreover, such individual shall not have access to the actual test
materials nor will they be permitted to share confidential information regarding
the test itself or the processes to be used with members of the bargaining unit.

9.6 Only those employees who have been certified as law enforcement officers
pursuant to Chapter 943, Florida Statutes, and are not in a probationary status,
shall be eligible for promotion. Promoted employees serve a one year
promotional probationary period.

9.7 Where an educational degree is a criterion, no less than two years notice shall be
provided before such requirement is implemented. This provision applies only to
those employees employed at the time of the notice.

9.8 Employees will be notified in writing of their eligibility or ineligibility for the
classifications) to which they applied for promotion.

9.9 Assignments

Assignments within the Department and their duration shall be determined
exclusively by the Police Chief. It is agreed that the Department shall announce
regular assignment opportunities by posting the assignment description and
minimum qualifications on the bulletin board, with such notice being given at
least 14 calendar days in advance of the selection process, during which
employees will be given a minimum of 14 calendar days from the date in which to
submit a request for consideration. This Section shall not preclude the Police
Chief from making temporary assignments as appropriate for operational
efficiency. Each employee who timely submits a request for consideration and
meets the minimum qualifications will be granted an interview by the Police
Chief or designee prior to a selection decision being made. Any employee not
selected for an assignment may request, and if requested, shall have a meeting
with the Police Chief or designee regarding the employee's non-selection and
how the employee might better prepare himself or herself for future assignment
opportunities.











ARTICLE 10
PERFORMANCE EVALUATIONS

10.1 Performance Evaluations

A. Employees shall be subject to performance evaluation by the Department
which shall ordinarily be done by the employee's immediate supervisor.
The employee shall be provided with information regarding the basis of
the evaluation. Performance ratings shall be based on an analysis of the
employee's actual job performance. Numerical arrest, citation, or violation
totals will not be used as the principal basis for determining the overall
level of rating for any employees.

B. If an employee is not probationary, yet does not meet the performance
standards of the current classification, the University shall develop a
performance plan intended to correct performance deficiencies.

C. Such employee shall also be granted, upon written request, an opportunity
to discuss with an administrator at the next higher level concerns
regarding the evaluation, which rates the employee as not meeting
performance standards. If that meeting does not resolve the employee's
concerns, the employee shall be granted, upon written request, a
performance evaluation review conference with the Chief of Police and
the Division of Human Resources. These reviews shall ensure that the
performance evaluation was not done in an arbitrary or capricious manner.

D. The employee may be removed from his or her position for performance
reasons no sooner than sixty (60) days after receipt of the improvement
plan if adequate improvement in performance is not made and sustained.

E. The University reserves the right to change, alter, or modify the
performance evaluation system, to include the timing of evaluations,
subject to the PBA's right to bargain said changes, alterations or
modifications prior to implementation.

10.2 Grievability

Only an employee who is not in an initial or promotional probationary status
may file a grievance pursuant to this Article. A grievance may only be filed if
the employee is demoted or dismissed for an evaluation of not meeting
performance standards.










ARTICLE 11
INTERNAL INVESTIGATIONS AND DISCIPLINE

11.1 Internal Investigations

A. The parties recognize that law enforcement personnel occupy a special
place in American society. Therefore, it is understood that the University
has the right to expect that a professional standard of conduct be adhered
to by all law enforcement personnel regardless of rank or assignment.
Since internal investigations may be undertaken to inquire into complaints
of misconduct, the University reserves the right to conduct such
investigations to uncover the facts in each case, but expressly agrees to
carefully guard and protect the rights and dignity of accused employees.
In the course of any internal investigation, the investigative methods, and
processes used will be consistent with the Law Enforcement Officers' Bill
of Rights, Part VI of Chapter 112, Florida Statutes. It is recognized,
however, that alleged violations of the Law Enforcement Officers' Bill of
Rights are subject only to processing as a grievance up to Step 2 of the
Grievance Procedure in addition to the remedies provided by statute.

B. Supervisors should be sensitive to anonymous complaints and should
review the allegations to determine if any basis exists for the complaint.
Generally, no action will be taken on anonymous complaints unless:

(1) The person is willing to submit a signed written statement; or

(2) The allegation would constitute criminal misconduct or a
serious policy violation; or

(3) There is independent evidence available, such as Department
records, which may be used to corroborate the complaint.

The complaint will be considered a resolved administrative inquiry if not
covered under (1), (2), or (3) above. All anonymous complaints will be
documented on a Citizen's Complaint Form.

C. No employee shall be required to submit to a polygraph test or any device
designed to measure the truthfulness of responses during an investigation
of a complaint unless authorized by statute or a decision of the Florida
Supreme Court.

D. In cases where the University determines that the employee's absence
from the work location is essential to the investigation and the employee
cannot be reassigned to other duties pending completion of the
investigation, the employee shall be placed on administrative leave with
pay. Any employee placed on administrative leave pending investigation









under this Section shall hold himself or herself reasonably available during
regular business hours to facilitate the investigation.

11.2 The University and the PBA endorse the principle of progressive discipline,
while at the same time recognizing that certain types of actions or offenses are of
such a nature as to warrant immediate dismissal. The purpose of this Article is to
provide a prompt and equitable procedure for disciplinary action taken with just
cause. Supervisors shall provide privacy to the extent practicable when
administering disciplinary actions.

A. Disciplinary actions administered to employees may be taken only for just
cause. Discipline shall be processed and issued in accordance with
University rules and procedures in effect at the time the discipline is
issued.

B. Written reprimands shall not be used in progressive disciplinary actions
against an employee provided the employee has maintained a discipline
free work record for at least two (2) consecutive years.

C. Oral reprimands shall not be used in progressive disciplinary actions against
an employee provided the employee has maintained a discipline free work
record for at least one (1) year.

D. When the Department is considering whether to dismiss an employee for
cause, the Department shall have the ability to review and consider the
individual's entire employment history.

E. Each employee shall be furnished a copy of all disciplinary actions placed
in the employee's official personnel file and shall be permitted to draft a
rebuttal statement.
F. An employee may request that a PBA Staff Representative or Division of
Human Resources representative be present during any disciplinary
investigation meeting in which the employee is being questioned relative to
alleged misconduct of the employee, or during a predetermination
conference in which dismissal, suspension, or disciplinary or performance
based demotion with or without reduction in base pay of the employee is
being considered.

G. Except as otherwise provided in this Agreement, employee discipline shall
be subject to the Grievance Procedure only where it involves the
suspension, disciplinary or performance based demotion with or without
reduction in base pay other than during the promotional probationary
period, or dismissal of employees other than those in an initial probationary
period. Oral or written reprimands may only be grieved through Step 2.

11.3 Job Abandonment








Any employee who is absent from work for three (3) or more consecutive work
days without authorization shall be considered to have abandoned his or her
position, and may be dismissed. Only an employee who is not in an initial
probationary status may file a grievance pursuant to this Section.










ARTICLE 12
DRUG TESTING AND FITNESS FOR DUTY

12.1 1 It is the policy of the University that its employees shall not use illegal drugs or
abuse alcohol or otherwise lawful drugs. The possession, use or sale of illegal
drugs or drugs obtained illegally is forbidden to all employees, regardless of
whether such use, possession or sale occurs on or off duty and may serve as
grounds for discipline up to and including dismissal. The use or possession of
alcoholic beverages (including break and meal periods) while on duty is expressly
prohibited.

12.2 Any employee covered by this Agreement shall be subject to a blood, urine, hair
or intoxilizer test accomplished by certified and qualified operators if there is
reasonable suspicion on the part of the employee's immediate supervisor and the
Police Chief or designee, that the employee is under the influence of alcohol,
drugs or controlled substances while on duty or is otherwise in violation of Article
12.1. Any specimen collected will be tested by a certified and accredited
laboratory. For purposes of determining reasonable suspicion, the Department
will use the standards described under Section 112.0455(5)(j), Fla. Stat.

12.3 When an employee tests positive (e.g., a drug or drugs is detected), a second test
will be run on the sample originally taken. The standards for determining whether
a test is positive will be as provided under Chapter 59A-24A, Florida
Administrative Code, or any successor thereto. If the second test does not detect
the presence of a drug or drugs, the second test shall prevail.

12.4 Testing will be done at the University's expense. Prior to testing, the employee
shall be afforded the opportunity to disclose any medications or substances that
may impact the test results. If the test results establish with reasonable scientific
certainty that an employee is present at work with the presence of alcohol or drugs
in his or her system, the employee may be disciplined or dismissed.

12.5 The failure or refusal of an employee to submit to a blood, urine hair, or
intoxilizer test when ordered to take such test shall result in dismissal.

12.6 In the event that an employee informs the University of his or her abuse of
alcohol/drugs prior to reporting for duty and prior to testing, disciplinary action
may be taken, up to and including dismissal. The University may, at its sole
discretion, instead allow an employee the option of enrolling in a bona fide
rehabilitation/treatment program. Failure to successfully complete the
rehabilitation/treatment program, as verified by the Division of Human Resources,
shall result in dismissal. Sick leave and/or vacation may be utilized for
rehabilitation and treatment. If sick leave and vacation credits have been
exhausted, employee may be granted a leave of absence, without pay. Leaves under
this Section may be designated as FMLA where permitted or required by law. If a
rehabilitation opportunity is afforded, it shall be permitted for a first offense only.










12.7 The parties agree that during the term of this Agreement, the University shall have
the right to establish a Drug Free Workplace Program as set forth in the Florida
Workers'-Compensation Law, and that the University may update the program to
conform to changes in the law and regulations. The University will provide the
PBA with a copy of any proposed Drug Free Workplace program at least thirty
(30) calendar days before implementation, and upon request, consult with the
PBA before the Program's effective date.

12.8 Health and Fitness Program. The University shall consult with PBA prior to
implementing a mandatory health and fitness program for employees. Such
consultations shall not constitute a waiver of the PBA's right to negotiate
concerning changes in terms and conditions of employment.










ARTICLE 13
EMPLOYMENT STATUS

13.1 Employment Status

A. USPS

Bargaining unit employees hired prior to January 7, 2003, may be
employed in regular status as USPS employees, and are subject to a one
year probationary period from the time of hire. USPS employees are
subject to the terms established by the University for USPS employees
generally except where expressly modified by this Agreement. Such
employees shall remain USPS unless one of the following occurs:

1. the employee voluntarily elects to convert to TEAMS status;

2. the employee has a break in service as a result of separation of
employment, including but not limited to separation as a result of
layoff;

3. the employee promotes to a non-bargaining unit position.

B. TEAMS

Bargaining unit employees hired after January 7, 2003, are employed in
TEAMS status. The first year of employment for a TEAMS employee is
considered probationary with employment thereafter based upon notice of
annual appointment. Differences between USPS and TEAMS include but
are not limited to:

1. Employment is based upon an annual notice of appointment;

2. TEAMS employees are subject to nonrenewal without any
requirement of cause for non-renewal;

3. Priority over seniority for the scheduling of personal leave days
during the period December 26 through January 1;

4. Decisions regarding nonrenewal are subject to the grievance
process only through Step 2 of the Grievance Procedure;

5. TEAMS employees are subject to the terms established by the
University for TEAMS employees generally except where
expressly modified by this Agreement;









6. In the case of disciplinary action of a TEAMS employee, only
suspension, disciplinary or performance based demotion with or
without reduction in base pay, or dismissal during the term of any
notice of annual appointment following the probationary period is
subject to the Grievance Procedure;

7. In the event of arbitration over dismissal of a TEAMS employee
during the term of an annual appointment, the arbitrator's award
may include reinstatement to the grievant(s); however, the terms of
reinstatement may not exceed the expiration of the employee's
notice of appointment, nor require subsequent notices of
appointment to be issued.










ARTICLE 14
PERSONNEL RECORDS

14.1 Personnel File

A. There shall be only one official personnel file for each employee, which
shall be maintained in the Division of Human Resources. Duplicate
personnel files may be established and maintained within the University.
Such duplicate personnel files may contain part or all of the items filed in
the official personnel file, but may not contain any items that are not filed
in the official personnel file.

B. An employee will have the right to review his/her official personnel file at
reasonable times under the supervision of the designated records
custodian. An employee may attach a concise statement in response to any
items included in the file and shall be sent a copy of any derogatory
material which is placed in the file.

C. The University and the PBA agree that letters of counseling or memos are
not discipline.










ARTICLE 15
GRIEVANCE PROCEDURE

15.1 Policy

A. The University and the PBA encourage the informal resolution of
employee complaints. To that end, employees should present such
complaints for review and discussion as soon as possible to the University
representative who has authority to address the complaint. Such review
and discussion should be held with a view to reaching an understanding
which will resolve the complaint in a manner satisfactory to the employee,
without need for recourse to the formal grievance procedure prescribed by
this Article. If the complaint is not resolved by such informal discussion,
the employee may proceed to file a grievance consistent with the
provisions of this Article and subject to the limitations established by
Section 447.401, Florida Statutes.

B. "Grievance" means a dispute filed with the Police Chief/designee (Step 1,
2 or 3) using Appendix B, C or D of this Agreement concerning the
interpretation or application of a specific provision of this Agreement,
except as exclusions are noted. All grievances must be filed within ten
(10) days of the act or omission giving rise to the grievance or the date on
which the employee knew or reasonably should have known of such act or
omission if that date is later.

C. "Grievant" means an employee or group of employees who has/have filed
a grievance in a dispute over a provision of this Agreement which confers
rights upon the employee, or the PBA.

D. "Days" means Monday through Friday, excluding any day observed as a
holiday by the University. In calculating days under this Article, the date
of the act or omission shall not be counted.

E. A grievant who decides to use this Grievance Procedure shall, prior to the
Step 1 meeting, choose whether to be represented by the PBA. A grievant
shall not be represented by a PBA Representative who is in a supervisory
or subordinate position to the employee in the University.

1. When the grievant has elected PBA representation, both the
grievant and the PBA Representative shall be notified of the Step 1
meeting. Further, any written communication concerning the
grievance or its resolution shall be sent to both the grievant and the
PBA Representative, and any decision agreed to by the University
and the PBA shall be binding on the grievant.









2. If the grievant is not represented by the PBA, Human Resources
shall timely notify the PBA such that the PBA is given reasonable
opportunity to be present at any meeting called for the resolution
of such grievance. The processing of the grievance and any
resolution will be in accordance with the terms of this Agreement.

3. The PBA shall not be bound by the decision of any grievance or
arbitration in which the grievant was not represented by the PBA.

F. The filing or pendency of any grievance under the provisions of this
Article shall in no way operate to impede, delay, or interfere with the right
of the University to take the action it proposes, subject to the final
disposition of the grievance. In the event an employee is given a directive
by a supervisor which he or she believes to be in conflict with the
provisions of this Agreement, the employee shall comply with the
directive at the time given, but may thereafter grieve such directive to the
extent permitted by this Agreement. The employee's compliance with
such directive shall not prejudice his or her right to pursue a grievance.

G. The resolution of a grievance prior to a written decision of an arbitrator
shall not establish a precedent binding on the PBA, or the University.

H. Only those acts or omissions and sections of the Agreement identified at
Step 1 may be considered at subsequent steps.

I. There shall be no reprisals against any of the participants in the procedures
contained herein by reason of such participation.

J. If a grievance meeting is held or requires reasonable travel time during the
working hours of any required participant, such participant shall be
excused without loss of pay for that purpose. Attendance at grievance
meetings outside of the regular working hours shall not be deemed time
worked.

K. Each grievance, request for review, and arbitration notice must be
submitted in writing on the appropriate form attached to this Agreement as
Appendices B, C and D and shall be signed by the grievant. One
Appendix B, C, and D may be filed in a grievance with more than one
grievant, provided that the respective Appendix bears the signatures of all
grievants. Grievances shall be considered filed upon date of receipt.
Except for the initial filing of the grievance, if there is difficulty in
meeting any time limit, a PBA representative may sign such forms for the
grievant.

15.2 Procedures

A. Step 1










1. An employee having a grievance may, within ten (10) days
following the occurrence of the event giving rise to the grievance,
present the written grievance to the Chief of Police/designee
setting forth specifically the complete facts on which the grievance
is based, the specific provision or provisions of the Agreement
allegedly violated, and the relief requested. The Chief of
Police/designee shall schedule a meeting between the grievant, the
grievant's designated representative, grievant's supervisor, or other
appropriate individuals. The grievant shall have the right to
present any evidence in support of the grievance at this meeting. If
the meeting does not result in resolution of the grievance, the Chief
of Police/designee will proceed with processing the grievance and
issuing a written decision, stating the reasons thereof to the
grievant's designated PBA representative within ten (10) days
following the receipt of the written grievance, or the meeting
scheduled pursuant to this paragraph, whichever is later, unless an
extension has been granted. If an extension was granted, the
decision shall be issued by the agreed upon date. A copy of the
decision shall be sent to the grievant and to the PBA if grievant
elected not to be represented by the PBA. The decision shall be
transmitted by personal delivery with written documentation of
receipt or by certified mail, return receipt requested.

2. Where practicable, the Chief of Police/designee shall make
available to the grievant or grievant's designated representative,
documentation referenced in the Step 1 decision prior to its
issuance. All documents referred to in the decision and any
additional documents presented by the grievant shall be attached to
the decision, together with a list of these documents. In advance of
the Step 1 meeting, the grievant shall have the right, upon written
request, to a copy of documents identified as relevant to the
grievance.

3. In the absence of an agreement to extend the period for issuing the
Step 1 decision, the grievant may proceed to Step 2 if the grievant
or grievant's designated representative, as applicable, has not
received the written decision by the end of the 10th day following
the Chief's/designee's receipt of the grievance, or the meeting
scheduled pursuant to Section 15.2.A. 1 above, whichever is later.

B. Step 2









1. If the grievance is not resolved at Step 1, the grievant may file the
grievance in writing with the Vice President of Human
Resources/designee within ten (10) days following receipt of the
decision at Step 1. When the grievance is eligible for initiation at
Step 2, the Grievance form must contain the same information as a
grievance filed at Step 1 above. The Vice President of Human
Resources/designee may have a meeting with the employee and/or
a PBA Representative to discuss the grievance.

2. The Vice President of Human Resources/designee shall
communicate a written decision to the employee and to the PBA
Representative within ten (10) days following receipt of the written
grievance or the meeting scheduled pursuant to Section 15.2.B.1
above, whichever is later.



C. Step 3 -- Arbitration

1. If the grievance is not resolved at Step 2, the PBA Representative
may appeal the Step 2 decision to Arbitration on a Notice of
Arbitration form as set forth in Appendix D, within ten (10) days
after receipt of the decision at Step 2 except as exclusions are
noted. If the PBA did not represent the grievant at Step 2, the
grievant may appeal the grievance to Arbitration.

2. The University and the PBA may, by written agreement, submit
related grievances for hearing before the same arbitrator.

3. The arbitrator shall be one person from a list of seven (7) qualified
neutrals from the Federal Mediation Conciliation Service (FMCS),
all of whom shall have a Florida address for purposes of contact
and travel expenses. The party requesting arbitration will be
responsible for requesting the list from FMCS. The University and
PBA shall select arbitrators by alternately striking from the list
until one name remains. The party to strike first shall be
determined by the flip of a coin.

4. Arbitrability. Issues of arbitrability shall be bifurcated from the
substantive issues) and, whenever possible, determined by means
of a hearing conducted by conference call. The arbitrator shall
have ten (10) days from the hearing to render a decision on
arbitrability. If the issue is judged to be arbitrable, an arbitrator
shall then be selected to hear the substantive issues) in accordance
with the provisions of Section 15.2.C.3.









5. Arbitration hearings shall be held at times and locations agreed to
by the parties. Under normal circumstances, hearings will be held
in Gainesville; however, selection of the site shall take into
account the availability of evidence, location of witnesses, and
existence of appropriate facilities.

6. The arbitrator may fashion an appropriate remedy to resolve the
grievance and, provided the decision is in accordance with his/her
jurisdiction and authority under this Agreement, the decision shall
be final and binding on the University, the PBA, the grievant(s),
and other employees. In considering a grievance, the arbitrator
shall be governed by the following provisions and limitations:

a. The arbitrator shall issue his/her decision not later than
forty-five (45) days from the date of the closing of the
hearing or the submission of briefs, whichever is later.

b. The arbitrator's decision shall be in writing, and shall set
forth the arbitrator's opinion and conclusions on the issues)
submitted.

c. The arbitrator shall have no authority to determine any
other issue, and shall refrain from issuing any statement of
opinion or conclusion not essential to the determination of
the issues) submitted.

d. The arbitrator shall limit his/her decision strictly to the
application and interpretation of the specific provisions of
this Agreement.

7. The arbitrator shall be without power or authority to make any
decisions:

a. Contrary to or inconsistent with, adding to, subtracting
from, or modifying, altering, or ignoring in any way the
terms of this Agreement, or the provisions of applicable
law, rules, or regulations having the force and effect of law;
or

b. Limiting or interfering in any way with the powers, duties,
and responsibilities of the State under its Constitution,
applicable law, rules, and regulations having the force and
effect of law, except as such powers, duties, and
responsibilities have been abridged, delegated, or modified
by the provisions of this Agreement.









8. The arbitrator's award may include back pay to the grievant(s);
however, the following limitations shall apply to such monetary
awards:

a. No award for back pay shall exceed the amount of pay the
employee would otherwise have earned at his/her regular
rate of pay, and such back pay shall not be retroactive to a
date earlier than the date of the occurrence of the event
giving rise to the grievance under consideration, and in no
event more ten (10) days prior to the filing of the
grievance; and

b. The award shall not exceed the actual loss to the grievant,
and will not include punitive damages or other speculative
compensation which might have been earned, and shall be
reduced by replacement compensation received by the
employee during the period of time affected by the award.

9. Each party shall be responsible for compensating and paying the
expenses of its own representatives, grievant(s), attorneys, and
witnesses. The reasonable fees and expenses of the arbitrator shall
be borne solely by the party who fails to prevail in the hearing;
however, each party shall be responsible for compensating and
paying the expenses of its own representatives, attorneys, and
witnesses. If the arbitrator fashions an award in such a manner that
the grievance is sustained in part and denied in part, the parties will
evenly split the arbitrator's fee and expenses. The party requesting
a court reporter will pay the appearance fee of the court reporter
and the cost of obtaining an original transcript for the arbitrator if
one is ordered, but the cost may be split if mutually agreed to by
the parties. Each side shall bear their own costs for copies of the
transcript.

10. The PBA will not be responsible for costs of an arbitration to
which it was not a party. Rather, such costs shall be the
responsibility of the grievant.

15.3 Time Limits

A. Failure to initiate a grievance within the time limits specified shall be
deemed a waiver of the grievance. Failure at any Step of this procedure to
submit a grievance to the next Step within the specified time limits shall
be deemed to be acceptance of the decision at that Step.

B. Failure at any Step of this procedure to communicate the decision on a
grievance within the specified time limits shall permit the grievant, or the
PBA where appropriate, to proceed to the next Step.









C. The time limits specified in any Step of this procedure may be extended,
in any specific instance, by written agreement.

D. Claims of either an untimely filing or untimely appeal shall be made at the
Step in question.

15.4 Exceptions

A. Nothing in this Article or elsewhere in this Agreement shall be construed
to permit the PBA or an employee to process a grievance with respect to
any matter which is at the same time the subject of an action which has
been filed by a grievant in another forum, administrative or judicial. As
an exception to this provision, a grievant may file an EEOC charge while
a grievance is in progress when such filing becomes necessary to meet
federal filing deadlines pursuant to 42 U.S.C. Section 2000, et seq.

B The University and the PBA may mutually agree to waive Step 1 of the
grievance procedure in order to expedite the processing of a grievance.









ARTICLE 16
HEALTH AND SAFETY

16.1 The University shall make every effort to provide employees a safe and healthy
working environment. The University and the PBA agree to work cooperatively
toward reducing job-related injuries and Workers' Compensation costs by
encouraging improved safety measures.

16.2 Employee Health and Safety

A. When the University requires an employee to use or wear health or safety
equipment, such equipment will be provided by the University.

B. Any employee who becomes aware of a work-related accident shall
immediately notify the supervisor or the supervisor's designee of the area
where the incident occurred.

C. When an employee believes an unsafe or unhealthy working condition
exists in the work unit, the employee shall immediately report the
condition to the supervisor or the supervisor's designee. The University
shall investigate the report and respond to the employee.

16.3 Vehicles and Equipment

A. Vehicles used by employees, whether or not issued to the employee, shall
be maintained in safe operating condition by the University. Marked patrol
vehicles shall be equipped with cages and as such vehicles are replaced,
the newly purchased vehicles shall include the standard police package.

B. Where the University has determined that an employee should be provided
with a police baton, mace or OC spray, electric restraining device, or other
such weapon as the University deems appropriate, a certified instructor in
its use shall properly train such employee.

C. The University shall provide its employees with custom-fitted bullet
resistant vests. Vests shall be replaced as per the stated warranty. The
wearing of these vests is at the discretion of the employee, however,
employees are strongly encouraged to wear the vest at all times when on
duty, and the University reserves the right to require the wearing of the
vest under specified conditions or special circumstances.

16.4 Firearms

A. Each University shall provide its employees with a semi-automatic
firearm. The type of semi-automatic firearm shall be at the University's
discretion. The University will attempt to provide a semi-automatic
firearm that is suitable to the employee's stature and hand size.










B. In order to promote safety in the use of firearms by employees, the
University will provide the opportunity for each employee is allowed to
fire his/her firearm at least twice annually.

C. The University shall issue new factory ammunition for on-duty use and
ensure the ammunition does not extend past twelve months from the date
of issue.










ARTICLE 17
CONFLICT OF INTEREST AND OUTSIDE EMPLOYMENT

17.1 Outside Employment

A. On the effective date of this Agreement, any employee who is performing
employment outside of the University shall notify the Chief of Police of
such employment. If the employment has not been previously approved, it
shall be subject to the provisions of Section 17. 1B.

B. If an employee anticipates accepting employment outside of the
University, the employee shall notify the Chief of Police of such outside
employment prior to the date of employment and verify that such
employment does not conflict with the employee's University employment
or with applicable laws or rules. Should such conflicts) exist, the outside
employment shall not be approved.

C. The University may make reasonable inquiries of the employee to ensure
that the employee's employment outside of the University does not
constitute a conflict of interest or interfere with the employee's primary
duties as a University law enforcement officer.






UFBOT Proposal
August 13, 2008

ARTICLE 18
WAGES


18.1 For Fiscal Year 2008-2009, effective September 19, 2008, each eligible
bargaining unit employee shall receive a 5 percent base increase applied on their
September 18, 2008 salary. To be eligible for the 5 percent base increase
bargaining unit employees must have a hire date of June 30, 2008, or earlier.
Bargaining unit employees must also have a current performance rating of
minimally achieves or better to be eligible for the 5 percent increase. In the
absence of a current performance evaluation, bargaining unit employees will be
considered to be at the satisfactory or achieves performance level.

18.2 Although merit increases are not currently funded during the 2008 2009 fiscal
year, the Parties agree that merit is an important component of an effective pay
plan and that merit-based increases will be considered when and if funds become
available.

18.3 An employee promoted pursuant to Article 9 will receive an increase of at least
ten percent (10%) of the employee's base rate of pay or the minimum rate of pay
for the classification to which the employee was promoted, whichever is greater.

18.4 Additives for Special Assignments

A. The University may provide salary additives to employees selected for
special assignments. Prior to implementing such additives, the University
shall provide the PBA with the policy including criteria and compensation,
for such additives. The PBA may consult with the University under
Section 3.3 prior to the implementation of the additives.

B. Field Training Officer. Employees in active Field Training Officer status
will receive a seven percent (7%) increase to his or her base pay for all
hours during which a recruit is actively assigned to the FTO for training.

C. The K-9 Officer will be paid one hour at time and one half the federal
minimum wage for each calendar day the K-9 Officer is assigned care,
custody or training of the K-9.









for such additives. The PBA may consult with the University under
Section 3.3 prior to the implementation of the additives.

B. Field Training Officer. Employees in active Field Training Officer status
will receive a seven percent (7%) increase to his or her base pay for all
hours during which a recruit is actively assigned to the FTO for training.

C. The K-9 Officer will be paid one hour at time and one half the federal
minimum wage for each calendar day the K-9 Officer is assigned care,
custody or training of the K-9.










ARTICLE 19
ACTING PAY
19.1 Acting Ranks

An employee who is designated by the appropriate supervisor to temporarily
perform a major portion of duties of a position in a higher classification than the
employee's current classification for a period of more than two (2) consecutive
work weeks shall receive acting pay in the amount of ten percent (10%) of the
employee's base rate of pay, retroactive to the first date of assignment.

19.2 Assigned Duties

A. Except in case of an official emergency, employees shall not be required
to perform work not included in the employee's position description.

B. When an employee alleges that the employee is being regularly required to
perform duties which are not included in the employee's position
description, and the duties assigned are not included in the class
specification to which the position is allocated, the employee may request
a review. The employee has the right to PBA representation at the review
meeting.










ARTICLE 20
BENEFITS

20.1 State Employee Health Insurance Program

The University and the PBA support legislation to provide adequate and
affordable health care insurance to all employees.

20.2 Death In The Line Of Duty Benefits

Funeral and burial expenses, education benefits, and the State Employees Group
Health Self-Insurance Plan premium for the employee's surviving spouse and
children will be provided as per applicable Florida Statutes.

20.3 Award Program

The University agrees to promote a program of recognition awards for employees
that shall include:

A. Upon promotion, a framed certificate certifying the promotion;

B. Awards for bravery and outstanding service;

C. Service awards through the use of framed certificates, patches, or pins
recognizing years of service with the State, specifically recognizing fifteen
(15), twenty (20), and twenty-five (25) years of service; and

D. Upon normal retirement, including disability retirement, an identification
card-and badge reflecting a one "military grade" honorary promotion,
clearly marked "RETIRED" and "HONORARY", one complete uniform
including the badge worn by him or her, and the employee's firearm if
one was issued as part of the employee's equipment. It is agreed that upon
the transfer of the above uniform and equipment, the employee bears sole
responsibility for custody or use, and the University shall bear no further
responsibility in that regard.










ARTICLE 21
SENIORITY

21.1 Definition

For the purpose of this Article, "seniority" shall be defined as continuous service
in the job classification.

21.2 Seniority Application

Except under extraordinary circumstances or as otherwise provided under this
Agreement, vacations, shifts, shift transfers, and regular days off (as applicable)
shall be scheduled with due regard for the needs of the University, seniority, and
employee preference. The University and the PBA understand that there may be
times when the needs of the University will not permit such scheduling.










ARTICLE 22
LEAVE


22.1 Employees may be granted leaves of absence as provided in University Rule 6C1-
1.201.

22.2 Job-Related Disability Leave

Paid or unpaid job-related disability leave shall be in accordance with Chapter
440, F. S.

22.3 Leave to Supplement Workers' Compensation Benefits and Alternate Duty.

A. An employee is eligible to use paid leave to supplement Workers'
Compensation benefits in accordance with FAC Rule 6C1-1.201.

B. Light duty may be made available to bargaining unit employees under the
University's Modified Duty Program.

C. A complaint concerning administration of this Section may be grieved in
accordance with Article 15 of this Agreement only up to and including
Step 2.










ARTICLE 23
LEARNING OPPORTUNITIES

23.1 Law Enforcement Training

The UFBOT and the PBA recognize the importance of training programs to
develop skills in our law enforcement officers and supervisors. The University
will make a reasonable effort to continue existing training programs in law
enforcement techniques and to develop new programs, and to ensure that
opportunities to attend law enforcement and salary incentive training programs
are equitably distributed among employees.










ARTICLE 24
EMERGENCY EXPENSES

24.1 Emergency Expenses

When an emergency arises requiring temporary personnel Assignment with less
than forty-eight (48) hours notice, the University agrees to make the necessary
payment to the vendor for meals and lodging for such employees. The employee
shall have no responsibility to make such payments to the vendor. Travel
vouchers will be submitted as required by the University.










ARTICLE 25
UNIFORMS AND EQUIPMENT

25.1 Uniform

All employees shall receive a standard issue of uniforms (winter and summer) and
uniform accessories, an d may request rep lacement of such uniforms as needed.
Due to the warm Florida weather, summer uniforms can generally be worn year
round as weather perm its except for those occasions or events where the Police
Chief has specified a particular uniform is to be worn. Requests for replace ent
of uniforms shall be honored in a timely fashion and not unreasonably denied. If
replacement is needed due to negligence or carelessness of the employee, the
employee shall bear the costs.

25.2 Uniform accessories and equipment will include the following minimum
requirements:

A. Gun belt, either 2 1/4 inches or 3 inches, as appropriate for the individual
employee;

B. Firearm safety (snatch resistant) holster; and

C. Three (3) magazines and an approved case for spare ammunition.

25.3 Clothing Allowance

Employees assigned to full-time plain-clothes positions shall receive a clothing
allowance in the am ount of $ 600.00 annually payable in two installments of $300.00
each during the first and third quarter of the fiscal year to eligible employees actively
employed as of the date of payment, and a shoe allowance in the amount of $150.00
annually, unless the University furnishes shoes. For employees assigned after the fiscal
year begins, the clothing allowance will be prorated to the nearest full quarter for the
remainder of the fiscal year. This amount is subject to withholding.

25.4 Uniform Maintenance

The University will provide employees who are furnished and required by the
University to wear a uniform, a maintenance allowance of $350.00 annually,
unless laundry and dry cleaning facilities are available and the service is furnished
without cost to the em ployees. In addition, such em ployees shall receive e a shoe
allowance in the am ount of $150.00 annually, unless the University furnishes
shoes. These amounts are subject to withholding.









ARTICLE 26
REPLACEMENT OF PERSONAL PROPERTY

26.1 Policy

An employee, while on duty and acting within the scope of employment, who
suffers damage or destruction of the employee's watch or prescription eyewear, or
such other items of personal property as have been given prior approval by the
University as being required by the employee to adequately perform the duties of
the position, will be reimbursed or have such property repaired or replaced as
provided herein. A written report must be filed the day of the loss or damage
detailing the circumstances under which such property was damaged or destroyed.
An untimely report of loss or damage will be accepted if good cause is shown for
the delay.

26.2 Specific Reimbursement Allowances and Approvals

Upon proper documentation by the employee of the amount expended, the
University shall authorize reimbursement for repair or replacement of such
property, not to exceed the following amounts:

1. Watch- $75;
2. Prescription eye wear $200 (including any required examination);
3. Other Items Whether to reimburse, and if so, the reimbursement value of
any items other than watches or prescription eye wear shall be with the
approval of the Police Chief. Approval shall not be unreasonably
withheld; and
4. Total allowable per incident $500.










ARTICLE 27
LAYOFFS AND RECALL

27.1 Layoffs

When employees are to be laid off, the University shall implement such layoff in
accordance with the procedures contained in the University rule on Layoffs.

27.2 Recall

When a vacancy occurs, laid off employees shall be recalled in accordance with
the University rule on Layoffs.









ARTICLE 28
TOTALITY OF AGREEMENT

28.1 The UFBOT and the PBA acknowledge that, during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to
present proposals with respect to any and all matters lawfully subject to collective
bargaining, and that all of the understandings and agreements arrived at by the
UFBOT and the PBA thereby are set forth in this Agreement, and that it shall
constitute the entire and sole Agreement between the parties for its duration

28.2 The UFBOT and the PBA, during the term of this Agreement, voluntarily and
unqualifiedly waive the right, and agree that the other shall not be obligated, to
bargain collectively with respect to any subject or matter whether or not referred
to or covered by this Agreement, even though such subject or matter may not
have been within the knowledge or contemplation of the parties at the time they
negotiated or signed this Agreement.

28.3 Modifications

Nothing herein shall preclude the UFBOT or the PBA from mutually agreeing to
alter, amend, supplement, delete, enlarge, or modify any of the provisions of this
Agreement in writing.










ARTICLE 29
SAVINGS CLAUSE

If any provision of this Agreement should be rendered or declared invalid, unlawful, or
not enforceable by any court action or by reason of any existing or subsequently enacted
legislation; or if the appropriate governmental body having amendatory power to change
a law, rule, or regulation which is in conflict with a provision of this Agreement, fails to
enact or adopt an enabling amendment to make the provision effective, in accordance
with Section 447.309(3), Florida Statutes; then such provision shall not be applicable,
performed, or enforced, but the remaining parts or portions of this Agreement shall
remain in full force and effect for the term of this Agreement.










ARTICLE 30
DURATION

30.1 This Agreement shall be effective upon ratification by both parties and shall
remain in full force and effect through the thirtieth day of June, 2010, with the
exception that the following shall be subject to renegotiation for the 2008-2009
year:

A. Wages (Article 18);
B. Benefits (Article 20);
C. Up to two additional articles chosen by each party.

Such renegotiations shall begin no later than April 1, 2008, it being understood
that negotiations may not be completed until after the conclusion of the legislative
session.

30.2 Renegotiation for the 2009-2010 year shall begin no later than April 1, 2009, it
being understood that negotiations may not be completed until after the
conclusion of the legislative session. The renegotiation shall include the
following:

A. Wages (Article 18);
B. Benefits (Article 20);
C. Up to two additional articles chosen by each party.

30.3 Negotiations for a successor Agreement shall begin no later than October 1, 2010.
In the event that the UFBOT and the PBA fail to secure a successor Agreement
prior to the expiration date of this Agreement, the parties may agree in writing to
extend this Agreement for any period of time.









UNIVERSITY OF FLORIDA BOARD OF TRUSTEES


Kimberly M. Czaplewski
Chief Negotiator

Date:


Kyle J. Cavanaugh
Senior Vice President

Date:


Bargaining Committee:

Charles Deal
Major Tony Dunn

Approved by the Board of Trustees of the University of Florida on this
,2007.

FLORIDA POLICE BENEVOLENT ASSOCIATION, INC.


By:


James Wiggins
Chief Negotiator

Date:


Timothy L. Peck

Date:

Bargaining Committee:


Ernest Hale
Nick Konopka
Brian Smith
William Ledger
Rick Nelson
Marcus Brinson


day of











APPENDIX A
DUES DEDUCTIONS AUTHORIZATION


I, an employee of the University
(Full Name Print) (UFID Number)
of Florida Police Department direct the University of Florida Board of Trustees to deduct
from my regular biweekly or monthly salary the membership dues as established from
time to time by the employee organization certified to represent the bargaining unit
covered by this Agreement. My dues deduction level will be A; B; C; D;
or E (check one).

The University is directed to begin the deduction that is appropriate for the option
selected below with the first pay period following the date this authorization form is
received by the University of Florida Human Resources Division and to continue said
deduction until: 1) revoked by me at any time upon 30 days written notice to the Division
of Human Resources at the University of Florida, 2) my transfer, promotion or demotion
out of this bargaining unit, 3) the termination of my employment, or 4) revoked pursuant
to Section 447.507, Florida Statutes. The deductions made pursuant to this authorization
shall be transmitted to the Florida Police Benevolent Association in accordance with
Article 5 of the Agreement.

Date: Signature:

Distribution of Copies:
ORIGINAL UNIVERSITY
1st COPY UNION
2nd COPY EMPLOYEE









APPENDIX B
STEP 1 GRIEVANCE FORM

This grievance was filed with the University by (Check One):
MAIL (circle one: certified, registered, restricted delivery, return receipt requested),
OR
PERSONAL DELIVERY. Personal delivery requires the signature of recipient.


Received by: Date
Faxed documents do not constitute an appropriate format for filing of grievances.

GRIEVANT NAME:

DEPT/DIV:

OFFICE PHONE:

EMPLOYEE GRIEVANCE
REPRESENTATIVE NAME:

DEPT/ DIV:

OFFICE PHONE:

OFFICE ADDRESS:



All University communications shall go to the Employee Grievance Representative at the
above address, unless no representative is designated, in which case University
communications will be sent to the Grievant with a copy to the local PBA Chapter.

STATEMENT OF GRIEVANCE -- must cite the date the grievance arose, the specific
Articles and Sections of the Agreement allegedly violated, and the complete facts on
which the grievance is based, and the relief requested:

REMEDY SOUGHT:

AUTHORIZATION

I will be represented in this grievance by: (check one representative must sign on
appropriate line):

PBA
Myself
Other









I UNDERSTAND AND AGREE THAT BY FILING THIS GRIEVANCE, I WAIVE
WHATEVER RIGHTS I MAY HAVE UNDER CHAPTER 120, FLORIDA STATUTES
WITH REGARD TO THE MATTERS I HAVE RAISED HEREIN AND UNDER ALL
OTHER UNIVERSITY PROCEDURES WHICH MAY BE AVAILABLE TO
ADDRESS THESE MATTERS.



Signature of Grievant(s) Date

(The grievance will not be processed unless signed by the grievant(s)).

The Step 1 decision shall be transmitted to Grievant's Employee Grievance
Representative by personal delivery with written documentation of receipt or by certified
mail, return receipt requested. A copy of this decision shall be sent to Grievant and the
local PBA Chapter if the Grievant elected not to be represented by PBA.









APPENDIX C
REQUEST FOR REVIEW OF STEP 1 DECISION

This grievance was received and filed with the University by (Check One):
MAIL (circle one: certified, registered, restricted delivery, return receipt requested),
OR
PERSONAL DELIVERY. Personal delivery requires the signature of recipient.


Received by: Date
Faxed documents do not constitute an appropriate format for filing of grievances.

GRIEVANT
NAME:

DEPT/DIV:

OFFICE PHONE:

EMPLOYEE GRIEVANCE
REPRESENTATIVE NAME:

OFFICE PHONE:

OFFICE ADDRESS:


All University communications shall go to the Employee Grievance Representative at the
above address, unless no representative is designated, in which case University
communications will be sent to the Grievant with a copy to the local PBA chapter.

DATE OF STEP 1 DECISION:

DATE STEP 1 DECISION WAS RECEIVED BY GRIEVANT'S EMPLOYEE
GRIEVANCE REPRESENTATIVE:


Signature of Grievant(s)


Date


(This request for review will not be processed unless signed by the grievant(s).)









I am represented in this grievance by (check one representative should sign on
appropriate line):



PBA
Myself
Other


A copy of the following documents must be attached to this Request at the time of its
filing with the Vice President of Human Resource/designee:

1. Appendix B Original grievance form filed with the University.
2. Step 1 Decision, if issued by University.
3. All attachments to Step 1 Decision.


This request should be sent to:

UNIVERSITY OF FLORIDA
DIVISION OF HUMAN RESOURCES
ATTN: EMPLOYEE RELATIONS
P.O. BOX 115003
GAINESVILLE, FL 32611

The Step 2 decision shall be transmitted to Employee Grievance Representative by
personal delivery with written documentation of receipt or by certified mail, return
receipt requested, unless no representative is designated, in which case it shall be sent to
the Grievant with a copy to the local PBA Chapter. A copy of this decision shall also be
sent to the Division of Human Resources, and the Police Chief.









APPENDIX D
NOTICE OF ARBITRATION


This grievance was received and filed with the University by (Check One):

MAIL (circle one: certified, registered, restricted delivery, return receipt requested),
OR
PERSONAL DELIVERY. Personal delivery requires the signature of recipient.

Received by: Date
Faxed documents do not constitute an appropriate format for filing of grievances.

The Florida Police Benevolent Association (PBA) hereby gives notice of its intent to
proceed to arbitration in connection with the decision of the Vice President of Human
Resources/designee dated and received by the Employee Grievance
Representative on in this grievance of:

NAME:

UFBOT FILE NO:

The following statement of issues) before the Arbitrator is proposed:



Signature of PBA Representative Date

I hereby authorize the PBA to proceed to arbitration with my grievance. I also authorize
the PBA and its representatives to use, during the arbitration proceedings, copies of any
materials in my evaluation file pertinent to this grievance and to furnish copies of the
same to the arbitrator.



Signature of Grievant(s) Date

(This request for arbitration will not be processed unless signed by grievant(s).)

This notice should be sent to:

UNIVERSITY OF FLORIDA
DIVISION OF HUMAN RESOURCES
ATTN: EMPLOYEE RELATIONS
P.O. BOX 115003
GAINESVILLE, FL 32611




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