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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />with the first work cycle beginning on or after January 1 of that calendar year. If an <br />employee is moved from one position or shift to another, the employee must select from <br />among the available Kelly Days for the new position or shift. Daily Kelly Day position <br />slots will be determined by Department policy created and updated by mutual, written <br />agreement between the Fire Chief and Union President. In the event that mutual agreement <br />cannot be reached, the Fire Chief retains the management right to make a final <br />determination. <br />In connection with the selection of any Kelly Day, if there is a tie in classification seniority, <br />department seniority (since most recent date of hire) shall be used to break the tie. In the <br />event a tie remains, earliest date of application for employment in the Fire Department shall <br />prevail. <br />Employees on light duty, while assigned to an administrative shift (i.e., 37.5 hours, Monday <br />- Friday), shall not be permitted to reschedule their Kelly Days except when it falls on <br />Saturday or Sunday, in which case it will be taken on the next scheduled work day. While <br />on light duty, 8 hours of leave shall continue to be charged for full day absences and hour <br />for hour for partial day absences. <br />16.03 The parties recognize that the employees covered by this agreement are essential to the <br />successful operations of County facilities and services during a declared emergency. As <br />such, the parties agree that as a condition of these employees' employment with Indian <br />River County, they must be available and able to report to work and perform assigned <br />duties as directed by management during a declared emergency. The failure to report to <br />work and/or perform assigned duties as directed by management during a declared <br />emergency will be cause for termination of employment with Indian River County. The <br />Fire Chief or designee may allow exceptions to this requirement for extraordinary <br />circumstances at his discretion. <br />16.04 Non -shift employees assigned to a 37 '/2 hour workweek may, with the approval of the Fire <br />Chief or designee, flex their time within a workweek so long as the flex is completed in the <br />same workweek and does not cause or result in overtime. <br />26 <br />