HomeMy WebLinkAbout2022-218COLLECTIVE BARGAINING AGREEMENT
BETWEEN
INDIAN RIVER COUNTY
FIREFIGHTERSTARAMEDICS ASSOCIATION,
LOCAL 2201, I.A.F.F.
AND
INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT
OCTOBER 1, 2022 - SEPTEMBER 30, 2025
TABLE OF CONTENTS
Page
ARTICLE1
AGREEMENT.............................................................................................1
ARTICLE 2
RECOGNITION..........................................................................................2
ARTICLE 3
MAINTENANCE OF STANDARDS.........................................................3
ARTICLE 4
CONTRACT APPLICATION.....................................................................4
ARTICLE 5
SEPARABILITY.........................................................................................5
ARTICLE 6
UNION ACTIVITY.................................................................................
6-7
ARTICLE 7
PAYROLL DEDUCTION OF DUES.........................................................8
ARTICLE 8
BULLETIN BOARDS.................................................................................9
ARTICLE 9
RULES AND REGULATIONS..........................................................
10-11
ARTICLE 10
MANAGEMENT RIGHTS.................................................................
12-13
ARTICLE 11
NO STRIKE CLAUSE........................................................................
14-15
ARTICLE 12
GRIEVANCE PROCEDURE..............................................................
16-18
ARTICLE 13
ARBITRATION..................................................................................
19-20
ARTICLE 14
UNIFORMS AND EQUIPMENT.......................................................
21-22
ARTICLE 15
SAFETY AND HEALTH....................................................................
23-24
ARTICLE 16
HOURS................................................................................................
25-27
ARTICLE17
STAFFING................................................................................................28
ARTICLE 18
VACANCIES AND PROMOTIONS..................................................29-33
ARTICLE 19
SHIFT EXCHANGE...........................................................................
34-35
ARTICLE 20
SUBSTITUTE EMPLOYMENT...............................................................36
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TABLE OF CONTENTS (CONTINUED)
Page
ARTICLE 21
WORKING OUT OF CLASSIFICATION...............................................37
ARTICLE22
TRANSFERS.............................................................................................38
ARTICLE 23
PERSONNEL REDUCTION....................................................................39
ARTICLE 24
BEREAVEMENT LEAVE........................................................................40
ARTICLE25
HOLIDAYS...............................................................................................41
ARTICLE 26
MEDICAL LEAVE AND DISABILITY LEAVE ..............................
42-46
ARTICLE 27
INSURANCE BENEFITS.........................................................................47
ARTICLE28
ANNUAL LEAVE...............................................................................
48-49
ARTICLE 29
LEAVE OF ABSENCE WITHOUT PAY................................................50
ARTICLE 30
COURT DUTY....................................................................................
51-52
ARTICLE 31
SCHEDULING....................................................................................
53-57
ARTICLE 32
MILEAGE ALLOWANCE.......................................................................58
ARTICLE 33
INCENTIVE PAY..............................................................................
59-62
ARTICLE34
SALARIES..........................................................................................
63-64
ARTICLE 35
EQUAL EMPLOYMENT POLICIES.......................................................65
ARTICLE 36
DURATION AND RENEWAL................................................................66
SIGNATUREPAGE
.....................................................................................................................67
ATTACHMENT A -
DRUG FREE WORKPLACE...............................................................
68-84
ATTACHMENT B —
PAY TABLES............................................................................................85
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ARTICLE 1
AGREEMENT
1.01 This agreement is entered into between the Indian River County Emergency Services
District, hereinafter referred to as the Employer, the County, the Fire District, the District,
the Fire Department or the Department; and the Indian River Countv
Firefighters/Paramedics Association, Local 2201, I.A.F.F., hereinafter referred to as the
bargaining unit or Union.
1.02 The parties realize that Indian River County has the responsibility of administering
the Emergency Services District.
1.03 Whenever an action is required to be performed by any particular person, by virtue of that
person's office, that action may be performed by a properly authorized deputy or designee.
1.04 Whenever the words "he", "him", or "his" are used the words shall be interpreted as
including the words "she", "her", or "hers".
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ARTICLE 2
RECOGNITION
2.01 Pursuant to Chapter 447, Florida Statutes, the County recognizes the Union as the exclusive
bargaining agent for all employees of the County in the following classifications:
Firefighter EMT, Driver/Engineer, Training Officer, Fire Investigator, Captain, EMS Field
Supervisor, Rescue Sergeant, Fire -Medic, Paramedic I, Captain Fire Investigator, Captain
Fire Inspector (both civilian and sworn,), Lieutenant Fire Inspector (both civilian and
sworn), Fire Inspector (both civilian and sworn), Fire Training Captain, Fire Training
Lieutenant, Fire Training Officer, EMS Training Captain, Fire Captain, and Fire
Lieutenant.
2.02 The Union and the County reserves the right to file with P.E.R.C. for a clarification of the
bargaining unit at any time. Further, the parties agree to file a joint UC Petition to clarify
the unit as reflected in Section 2.01 above. Further, the parties agree to file a joint UC
Petition to clarify the unit as reflected in Section 2.01 above.
2
ARTICLE 3
MAINTENANCE OF STANDARDS
3.01 The employer will not unilaterally change, except as allowed herein or by the Florida
Public Employees Relations Act, employees' wages, hours, or working conditions
established by this Agreement.
3.02 Article 3.01 notwithstanding, the provisions of this Agreement and/or pre-existing working
conditions, other than monetary provisions, may be temporarily suspended in response to
the formal declaration of a federal, state or local emergency or natural disaster.
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ARTICLE 4
CONTRACT APPLICATION
4.01 This contract and its interpretation, application, enforcement, and performance shall in all
respects be governed by the laws of the State of Florida, ordinances and resolutions of the
District and the Department of Emergency Services regulations.
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ARTICLE 5
SEPARABILITY
5.01 The parties hereto agree that should any article, section or paragraph of this agreement be
declared by a court of competent and final jurisdiction in the premises to be unlawful,
invalid, ineffective or unenforceable, said article, section or paragraph shall not affect the
validity and enforceability of any other article, section or paragraph hereof, and the
remainder of this agreement shall remain in full force and effect. In the event any article,
section or paragraph of the agreement is lawfully declared invalid, the Employer and the
Union shall meet immediately to negotiate a replacement article.
E
ARTICLE 6
UNION ACTIVITY
6.01 The Employer and the Union acknowledge that the right of employees to work shall not be
deprived or abridged on account of membership, non -membership, participation, or non -
participation in any Union or organization.
6.02 The Union President or Secretary, or alternate shall be allowed up to three (3) weeks' time
off to attend a union seminar, conference or convention. The time off shall be without pay
and shall be considered leave of absence unless a standby arrangement has been provided.
6.03 Up to four (4) members of the Union's Negotiations Team shall be allowed time off with
pay, but without overtime, for all scheduled bargaining meetings between the Union and
the Employer. The Union President will advise the County of the designated negotiating
team by February 1 of the year the contract expires. Such time off will only be allowed
when working hours of the Employee conflict with bargaining unit negotiations. The four
(4) members of the Union's Negotiations Team who were allowed time off with pay shall
return to duty immediately upon the conclusion of all bargaining meetings.
6.04 By mutual agreement of the Employer and the Union, there is hereby established a Joint
Labor -Management Committee, which shall consist of not more than three (3) members
designated by the Union and three (3) members designated by the Fire Chief. The Union
Committee membership shall consist of persons from within the position classification
covered by this agreement, and the management membership shall consist of persons
within the Department, but outside the bargaining unit as herein defined. Nothing herein
requires -the attendance of the Director of Emergency Services or the Union President at
any Labor -Management Committee meeting.
6.05 This Labor -Management Committee shall meet if mutually agreed to by both parties, and
such meetings may be held during working hours as scheduled by the Fire Chief.
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6.06 The purpose of these meetings will be to discuss the problems and objectives of mutual
concern, but in no way shall involve specific grievances filed or contemplated or matters
which have been the subject of current collective bargaining issues between the parties.
6.07 An agenda, listing the items for discussion, will be forwarded by the party requesting such
meeting to the other party no later than three (3) days prior to the meeting.
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ARTICLE 7
PAYROLL DEDUCTION OF DUES
7.01 The Employer agrees to deduct the prescribed dues and assessments from earnings of those
employees who have signed individual notarized authorization cards for deduction of said
dues and assessments. Said authorization cards shall be periodically certified to be current
by the Union. The Employer shall remit said collections monthly to the duly designated
officer of the Union.
7.02 The Union shall indemnify, exonerate, and save harmless the Employer from any claims
and/or judgments against the Employer and/or Union based upon any check -off of union
dues, fees, or assessments. The Employer shall give written notice to the Union by
registered mail addressed to the President of the local of any claim, action, suit, or
proceeding brought by an employee, person, firm, or corporation against the Employer
based in whole or in part on any check -off of union dues, fees or assessments. The Union
shall defend the said claim, action, suit, or proceeding at its own cost and without expense
to the Employer, even if such claim, suit, action, or proceeding is false, groundless, or
fraudulent.
7.03 An employee transferred to a classification not in the bargaining unit, or whose
employment is terminated, shall cease to be subject to check -off deduction beginning with
the month in which such change in employee status occurs.
7.04 The Employer shall not be required to collect union dues in arrears. Any change in dues
made by the Union will become effective after a thirty (30) day written notice by the Union
to the Employer. An employee may revoke authorization for dues deduction at the
employee's request upon 30 days' written notice to the County and Union.
7.05 The Employer shall have the right to withhold any or all amounts collected under this
article of the contract to satisfy any amounts owing to the Employer by the Union for
violation of this agreement, as determined by a court, arbitrator, or other entity of
competent jurisdiction.
ARTICLE 8
BULLETIN BOARDS
8.01 The Union may have a bulletin board in each Emergency Services station for the posting
of notices.
8.02 All materials placed upon the bulletin board by the Union will be on official IAFF
letterhead and signed by the Union President or his designee. The Fire Chief or his
designee shall be furnished with a copy of any material to be posted prior to posting.
8.03 Under no circumstances shall the Union post any notice containing material of a political
nature or material tending to directly or indirectly disparage or demean the County or any
of its elected or appointed officials or employees.
8.04 Material placed upon the bulletin board which fails to comply with, or violates, the
foregoing may be immediately removed by the County, and the employee who placed the
material may be subject to disciplinary action.
ARTICLE 9
RULES AND REGULATIONS
9.01 Employees shall observe the District Personnel Rules and Regulations and Standard
Operating Procedures and amendments thereto, except that the disciplinary action appeals
procedures contained in Sections 18.04 C (2)-(4) and 18.05, third paragraph forward, of
the District Personnel Rules and Regulations shall not apply to bargaining unit employees.
Failure of employees to comply with these rules and procedures may result in disciplinary
actions pursuant to the above cited rules and regulations.
9.02 The Employer has the right to reprimand, discharge or otherwise discipline employees for
just cause.
9.03 Should the Employer exercise its right to amend or modify the Department Personnel Rules
and Regulations or Standard Operating Procedures, a digital copy of any such new (or
amended) rule, regulation, policy, or procedure shall be provided to the Union at least ten
(10) business days prior to implementation. Nothing herein shall restrict the Employer
from implementing any new (or amended) rule, regulation, policy, or procedure prior to
the expiration of ten (10) business days if operational necessity requires such earlier
implementation. The union shall have the right to bargain over the negotiable impacts of
the exercise of the employer's rights prior to implementation in accordance with applicable
law.
9.04 It shall be the Employer's duty to see that all bargaining unit members are provided a digital
set of the applicable Rules and Regulations and Standard Operating Procedures and future
amendments. Copies of additional sets will be available digitally to the employee
requesting them.
9.05 Bargaining unit employees shall immediately notify the Fire Chief when an information
has been filed by a prosecuting official against him/her, when indicted by a Grand Jury, or
when arrested, for any offense or violation of law. The Fire Chief shall determine if it is
in the best interests of the County to:
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1) Retain the employee in his/her regular position; and/or
2) Assign the employee to other duties or another position until such time as
any charges are disposed of by trial, acquittal, dismissal, conviction, or other
judicial action; and/or
3) Place the employee on leave without pay until such time as any charges are
disposed of by trial, acquittal, dismissal, conviction, or other judicial action;
and/or
4) Initiate disciplinary action up to and including termination.
In the event that the employee is retained pending the resolution of the charges, and pleads
nolo contendere or guilty, or is found guilty of any job-related offense or any offense that
would adversely impact the County or the employment status of the employee, or which
would cause the County to be held in disrepute, the employee shall be terminated from
employment.
In the event that the employee is retained pending the resolution of the charges and is
acquitted of all charges, or the indictment is dismissed for insufficient evidence, the Fire
Chief shall retain the option to initiate or continue an investigation of possible
administrative violations in accordance with established policy or practice. The initiation
or continuation of an investigation and disciplinary process under this paragraph shall be
limited to any conduct related to the criminal case that is either not charged or dismissed
pursuant to plea agreement.
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ARTICLE 10
MANAGEMENT RIGHTS
10.1 Except as specifically restricted by the provisions of this Agreement, the County reserves
and retains all rights, powers, prerogatives and authority customarily exercised by
Management.
10.2 Except as specifically restricted by the provisions of this Agreement, the County has the
sole and exclusive right to manage and direct any and all of its operations. Accordingly,
the County specifically, but not by way of limitation, reserves the sole and exclusive right
to:
A. Exercise complete and unhampered control to manage, direct, and totally
supervise all employees of the County;
B. Decide the scope of service to be performed, the method of service, and the
assignment of work;
C. Determine the size and composition of the workforce;
D. Determine the services to be provided to the public, and the maintenance
procedures, materials, facilities, and equipment to be used, and introduce
new or improved services, maintenance procedures, materials, facilities,
and equipment;
E. Hire and/or otherwise determine the criteria and standards of selection for
employment;
F. Determine the number, classification, grade, and types of positions;
G. Fire, demote, suspend, or otherwise discipline bargaining unit employees;
set minimum performance standards for service to be offered to the public,
and set procedures and standards to evaluate the employees' job
performance;
H. Change, modify or alter the composition and size of the workforce,
including the right to relieve employees from duty due to lack of work or
lack of funding or any other business and/or operational reason, and recall
employees;
I. Determine the allocation and content of job classifications (including
qualifications and certifications) and determine all training parameters for
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all bargaining unit positions, including persons to be trained and extent and
frequency of training;
J. Determine whether and to what extent the work required in its operation
shall be performed by employees covered hereunder;
K. Modify operations, duties, tasks, and/or responsibilities, temporarily or
permanently, in whole or in part, due to operational requirements; determine
the number, location, and operation of all divisions and all other
organizational units;
L. Establish, amend, revise and implement any program, policy and/or
procedure, provided that such are not contrary to applicable law;
M. Merge, consolidate, expand, curtail, transfer, or discontinue operations,
temporarily or permanently, in whole or in part, whenever in the County's
discretion business and/or operational reasons make such curtailment or
discontinuance advisable;
N. Contract and/or subcontract any existing or future work;
O. Create, expand, reduce, alter, combine, assign, or cease any job;
P. Control the use of equipment and property of the County and determine the
number and classification of employees assigned to any shift, station, or
piece of equipment;
Q. Exercise such other management rights as set forth in Chapter 447, Florida
Statutes, and/or as determined by the state or local Public Employees
Relations Commission or the courts.
10.3 The above rights of the County are not all-inclusive but indicate the type of matters or
rights which belong to and are inherent in the County in its general capacity as
management. Any of the rights, powers, and authority that the County had prior to entering
into this Collective Bargaining Agreement are retained by the County unless otherwise
restricted by a specific -provision of this Agreement. If the County fails to exercise any one
or more of the above functions from time to time, this will not be deemed a waiver of the
County's right to exercise any or all of such functions. Past practices of the District or
Department relating to operations shall not be considered for the purpose of the specific
and express limitations on management which are contained in this Agreement.
10.4 Nothing herein shall be deemed a waiver of the Union's right to impact bargain if, and to
the extent, such right exists under applicable law.
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ARTICLE 11
NO STRIKE CLAUSE
11.01 The Union agrees that there shall be no strike or strikes, slowdowns, or work stoppage,
picketing in furtherance of any work stoppage, any cessation of work of any kind or degree,
curtailment of work, or restriction of performance of duties, or any other interference or
stoppage, total or partial, for any reason, which may include but not be limited to alleged
violations of this agreement by the Employer. The Union will not authorize, approve,
finance, aid, or condone any strike, work stoppage or picketing in furtherance of any work
stoppage, by its members or employees it represents on employer or customer facilities or
premises in respect to any controversy, disputes or grievances, and the Union will take
immediate steps to end any work stoppages, strikes, slowdowns, or suspensions of work.
11.02 This article shall apply whether the particular matter arises from or outside of this contract.
The application of the article shall not be governed or condoned either in whole or in part
with the basis of the strike, work stoppage, slowdown, etc. or whether it may be arbitrated
or not.
11.03 In case of violation of this article by an employee acting in the Union's behalf, the
Employer shall have the right to:
A. Discharge not only the instigators of the strike, but the participants as well,
or any of them, at the discretion of the Employer. Allowing employees to
work or return to work shall not be considered condonation of their activity
in violation of the article.
B. Refuse to bargain until the violation(s) cease.
C. Obtain an injunction in the State Court restraining the employees and/or the
Union from striking and work stoppage, picketing in furtherance of any
work stoppage, or any other violation of this article without removal of the
complaint to Federal Court; or
D. Hold the Union liable for damages resulting here from, including the costs
of suits, attorney's fees for litigation and negotiations, settlements, security
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costs, and other costs directly or indirectly attributable to such violation as
determined by the P.E.R.C., Circuit or District Court, in determining the
amount of damages to be awarded, if any, the Commission or trier of fact
shall take into consideration any action or inaction by the public employer
that provoked or tended to provoke the strike by the public employees.
11.04 It is further agreed that the providing of fire protection services by the Employer is
extremely vital to the health, welfare, and safety of the citizens of the District and any
interference with such services is in violation of this article and would constitute a threat
of imminent danger to said citizens and possible irreparable harm. The parties agree that
should the Union, its members, persons acting in the Union's behalf, agents, employees,
representatives, or officers acting in the Union's behalf violate this article not to strike,
which would also violate the Constitution of the State of Florida and the Florida Statutes,
or picket in furtherance of a work stoppage or violate this clause in any other manner, and
said action would cause the District irreparable injury or damage, and the Employer shall
have the right to seek injunctive relief pursuant to Chapter 447, Florida Statutes.
11.05 Employees who refuse to perform the regular duties of their job because of strike, boycott,
or picket line in furtherance of any work stoppage, upon the Employer's premises, or at any
other place, shall be in violation of this article and subject to layoff or discharge at the
discretion of the Employer. Such action shall be a violation of this article, regardless of
which labor organization is conducting the strike, work stoppage, picketing or labor
dispute.
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ARTICLE 12
GRIEVANCE
GRIEVANCE PROCEDURE
12.01 A "grievance" is a claimed violation of this agreement, including but not limited to the
claim that a discharge or other disciplinary action violated a specific provision of this
agreement. No grievance will or need be entertained or processed unless presented in the
manner described herein, and unless filed in a manner provided herein within the time limit
prescribed herein. A grievance may be filed by a bargaining unit employee or by the union.
In either case, the procedure to be followed will be the same. Grievances regarding
disciplinary actions shall be initially filed at Step 2. The grievant and management may
mutually agree to waive any step.
12.02 Rules of Grievance Processing — It is agreed that:
A. The time limit at any stage of the grievance procedure may be extended by
written mutual agreement of the parties involved in that step. An email will
suffice as fulfillment of this requirement.
B. A grievance presented at Step 1 and above shall be dated and signed by the
grievant. A decision rendered shall be written to the grievant, with a copy
to the union if it is not the grievant, and shall be dated and signed by the
County's representative at that step.
C. When a written grievance is presented, the County's representative shall
return a dated and signed copy of it at that particular step.
D. A grievance not advanced to the higher step within the time limit provided
herein shall be deemed permanently withdrawn and as having been settled
on the basis of the County's decision most recently given. Failure on the
part of the County's representative to answer within the time limit set forth
in any step will entitle the grievant to proceed to the next step.
E. A written grievance must set forth the following:
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1. A complete statement of the grievance and the facts upon which it is
based, and all materials related to the grievance shall be submitted at
Step 1 of the grievance process. Only that information presented shall
be considered during the grievance resolution process.
2. The section or sections of this agreement claimed to have been violated;
and
3. The remedy or correction requested.
F. The Union will be notified of any grievances filed by its bargaining unit employees.
Bargaining unit employees cannot use the District's or County's grievance or appeal
procedures for any claims falling within the definition of a grievance herein.
STEPS FOR GRIEVANCE PROCESSING
If a grievance arises, the grievant must meet with and discuss the grievance with the Battalion Chief in
charge of the shift within ten working days of the event giving rise to the grievance. If the grievant does
not have a Battalion Chief, then the grievant is to proceed to Step 1. If the grievant does not have an
Assistant Chief, then the grievant is to proceed to Step 2 within 10 working days of the event giving rise
to the grievance. In the event the issue in dispute cannot be resolved between the supervisor and the
grievant, the grievance shall be presented in writing by the grievant at Step 1 (or applicable Step as
outlined above) of the grievance procedure within five working days from the date of the supervisory
meeting. Such written grievance must indicate that the matter had been reviewed with the immediate
supervisor.
Step 1: The grievant shall present the written grievance to the Assistant Chief. The Assistant Chief
shall meet with the grievant, which a union steward or a union representative may accompany if
the union is not the grievant. The Assistant Chief shall reach a decision and communicate it in
writing to the grievant with a copy to the union if it is not the grievant within ten working days
from the date the grievance was presented to him. If the grievance is not satisfactorily resolved,
the grievant may forward the grievance to Step 2.
Step 2: The grievant shall present the written grievance within five working days from the date of the
decision at Step 1 to the Fire Chief. The Fire Chief shall meet with the grievant, which a union
steward or a union representative may accompany if the union is not the grievant. The Fire
Chief shall reach a decision and communicate it in writing to the grievant with a copy to the
union if it is not the grievant within ten working days from the date the grievance was presented
17
to him. If the grievance is not satisfactorily resolved, the grievant may forward the grievance to
Step 3.
Step 3: The grievant shall present the written grievance within five working days from the date of the
decision at Step 2 to the County Administrator or his designee. The County Administrator (or
his designee who is authorized to resolve the issue) shall meet with the grievant, which a union
steward or a union representative may accompany if the union is not the grievant. The County
Administrator shall reach a decision and communicate it in writing to the grievant with a copy
to the union if it is not the grievant within ten working days from the date the grievance was
presented to him. If the grievance is not satisfactorily resolved, the Union and only the Union
except as provided by law may forward the grievance to arbitration.
ARTICLE 13
ARBITRATION
13.01 In the event that the grievance is not settled at Step 3 within the time allowed, it may then
be submitted to arbitration. Submission to arbitration must be made within ten days of the
time that the Step 3 decision was rendered; provided, however, this period may be extended
upon the mutual agreement of both parties. If the parties fail to agree to the appointment
of an arbitrator, the party requesting arbitration shall apply to the Federal Mediation and
Conciliation Service for a list of seven arbitrators who reside in Florida. The party
requesting arbitration shall strike the first name from the list, and the parties shall thereafter
alternate in the striking of names. The party requesting arbitration shall notify the last
remaining person on the list of his/her selection as the arbitrator in the case. Hearings
before the arbitrator shall be conducted in accordance with the rules of the Federal
Mediation and Conciliation Service. Testimony shall be given under oath.
13.02 As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct
a hearing between the parties and consider the grievance. The decision of the arbitrator
will be served upon the union and the County in writing. It shall be the obligation of the
arbitrator to make a best effort to rule within 30 calendar days after the hearing and receipt
of post -hearing briefs. The expenses of the arbitration, including the fee and expense of
the arbitrator, shall be paid by the losing party. Any party desiring a transcript of the
hearing shall bear the cost of such transcript unless the parties mutually agree to share the
cost. Each party shall bear the expense of its own witnesses and of its own representatives
for purposes of the arbitration hearing. The arbitrator's decision shall be final and binding
on the parties subject to any review allowed by law.
13.03 The arbitrator will be confined to the written grievance presented in Step 1 of the procedure.
Additionally the arbitrator shall have no authority to change, amend, add to, subtract from,
or otherwise alter or supplement this agreement. The arbitrator shall have no authority to
consider or rule upon any matter which is not subject to arbitration or which is not a
grievance as defined in this agreement; and may not interpret this agreement in a manner
inconsistent with the County's management rights. This Agreement may not be construed
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by the arbitrator to supersede applicable state or federal laws, except to the extent as
specifically provided herein.
13.04 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the
question that is presented, which question must be actual and existing. In any arbitration
decision resulting in a retroactive adjustment, such adjustment shall be limited to ten
calendar days prior to the date of the filing of the grievance. In any arbitration decision
resulting in back pay to an aggrieved employee, such back pay shall be offset by interim
earnings, including unemployment compensation.
13.05 The Union and only the Union shall have the exclusive right to proceed to arbitration on
behalf of the bargaining unit members except where the Union refuses to represent an
employee as a result of the employee not being a member of the Union.
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ARTICLE 14
UNIFORMS AND EQUIPMENT
14.01 The Employer will allocate sufficient funds to provide an initial allotment, and replacement
in accordance with Article 14.02, for trousers (style to be determined by management),
shirts, t -shirts, short -sleeve and long -sleeve polo shirts, shoes, hats, job shirts, jumpsuits,
cap, badge and name plate. The Employer also will provide protective clothing and
devices; bunker coat and bunker pants made of Nomex or similar material, boots, helmets,
shatter -resistant face shield, gloves, safety glasses for welding and metal cutting, two (2)
protective hoods and any other safety equipment deemed necessary by management.
14.02 Uniforms and protective clothing shall be worn, and devices used, in accordance with
District rules and this Agreement. The aforementioned items shall be replaced upon being
lost, or becoming worn or damaged as determined by management. Replacement items
will be ordered within seven (7) business days of being reported lost by the employee or
identified by management as worn or damaged, unless purchasing requirements necessitate
additional time constraints, in which case the items will be ordered as soon as reasonably
possible. All items to be replaced must be returned to the Department before new items
will be issued. Employees shall be responsible for the replacement cost for any lost items,
or items damaged through the employee's negligence. Whenever practical, replacement
will be made on the said employee's scheduled shift.
14.03 The Employer, upon request, will provide bed linens, consisting of pillow cases, fitted
sheets and flat sheets. Such linens shall be replaced on an annual basis.
14.04 The District agrees to reimburse the full cost for eye glasses and contact lenses not to
exceed Two Hundred Dollars ($200.00) and up to One Hundred Dollars ($100.00) for wrist
watches, damaged in the line of duty, provided that the damage was not caused by
negligence, and that adequate proof of such damage, the circumstances of the event, and
proof of original purchase price are presented to the appropriate supervisor and approved
by the Fire Chief.
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14.05 The Employer shall provide and maintain a heavy-duty washer for the purpose of
laundering turnout gear at all current stations and all permanent stations until completion.
In addition to the extractors, the County will add 3 washer dryer units, per fiscal year, at
the current stations to mitigate contaminated clothing that will occur while on duty.
14.06 The Employer shall provide storage facilities at each station based on budget requests, to
house the protective clothing of firefighters assigned to that station without exposure to
diesel exhaust.
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ARTICLE 15
SAFETY AND HEALTH
15.01 The County and the Union agree to cooperate to the fullest extent in the promotion of safe
work practices as outlined by policies and procedures set forth by the Indian River County
Administration and the Emergency Services Personnel Rules and Regulations.
15.02 The County agrees to provide safety equipment. The County agrees to continue
maintaining maintenance logs and other records and to perform tests to ensure that
presently used vehicles are operationally safe.
15.03 A workplace safety committee comprising of three Union representatives and three County
representatives will meet quarterly and conduct its affairs in accordance with Florida
Statute 633.810, its implementing regulations, and/or any amendments. The workplace
safety committee may also meet upon mutual agreement or in the event of an employee
death or injury in the line of duty. The committee may make recommendations regarding
behavioral and mental health. Nothing in this article shall preclude the County's Human
Resources Director, Risk Manager or designees from attending the Safety Committee
meetings.
15.04 The County agrees to comply with Section 112.18, Florida Statutes (Special provisions
relative to disability) and Sections 112.181, 112.1815, 112.1816, Florida Statutes and 29
CFR 1910.134 (OSHA standard for SCBA mask fit testing).
15.05 The Union and the County agree to the concept of a tobacco free fire service, as supported
by the Professional Firefighters of Florida. Towards that end there shall be no smoking or
use of tobacco products allowed in any area of the fire stations and/or vehicles.
Additionally, all bargaining unit employees hired after October 1, 2000, shall abstain, both
on and off duty, from the use of tobacco products.
15.06 The Employer and the Union agree to adhere to the Emergency Medical Services protocol
as set forth by the medical director.
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15.07 The County shall provide immunizations for all employees who request to be immunized
at the approval of the Medical Director and Fire Chief as follows: Tetanus (every ten (10)
years), and Hepatitis - (Type A and B) (every five (5) years). The County shall provide
testing for tuberculosis each year, and Hepatitis C once as a baseline and after each
potential exposure.
15.08 The Employer agrees to provide an annual physical for each employee. This physical shall
include, at least the same testing as is done for newly -hired employees, except that chest
x-rays need not be given more than every three (3) years. The results of the physical shall
be provided to the employee. The Fire Chief or his designee shall only be provided written
notice indicating whether or not an employee has any working restrictions, otherwise the
results of any physical shall be confidential to the extent permitted by law.
15.09 The County and the Union agree to the Drug -Free Workplace Program as adopted by the
County for all required testing positions.
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ARTICLE 16
HOURS
16.01 A. Non -shift employees shall normally be assigned to a 37 '/2 hour work week and
shall be paid time -and -one-half for all hours worked outside their regularly
scheduled work hours. Shift employees shall be assigned to a schedule of 24 hours
on duty followed by 48 hours off duty, and 28 -day FLSA work period. Shift
employees shall be paid time -and -one-half for all hours worked outside of their
regularly scheduled work hours. Overtime shall be calculated in accordance with
current practice.
B. Non -fire certified ALS shift employees shall be assigned to a schedule of 24
hours on duty followed by 48 hours off duty, and shall be paid time and one half
for all hours worked in excess of 40 hours in their 7 -day work period.
C. Biweekly pay will be based on actual hours worked and paid leave taken.
16.02 Until the first work cycle beginning on or after June 1, 2023, all FLSA 207(k) exempt shift
employees will be granted three (3) "Kelly Days" to be scheduled in such a way that one
(1) "Kelly Day" is allowed each four (4) months of the fiscal year. Kelly days shall be
selected during the month of September of each year with the new selections becoming
effective October 1 st of each year. Once a selected Kelly day becomes effective it may not
be cancelled. Such time off shall be scheduled.
Effective the first work cycle beginning on or after June 1, 2023, all FLSA 207 (k) exempt
shift employees shall be granted a regularly scheduled unpaid day off known as a Kelly
Day every twenty-one (2 1) regularly scheduled shifts (every nine (9) weeks).
Effective the first work cycle beginning on or after June 1, 2024, all FLSA 207 (k) exempt
shift employees shall be granted a regularly scheduled unpaid day off known as a Kelly
Day every fourteen (14) regularly scheduled shifts (every six (6) weeks).
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Kelly Days shall be selected by classification seniority (total consecutive years or partial
years of service in an employee's then -current classification) in January 2023 and each
January thereafter with new selections becoming effective with the first work cycle
beginning on or after June 1, 2023, and the first work cycle beginning on or after each June
1 of each year thereafter. Beginning June 1, 2023 there will be a maximum of five (5)
Kelly Day slots per shift. Beginning June 1, 2024 there will be a maximum of seven (7)
Kelly Day slots per shift.
In connection with the selection of any Kelly Day, if there is a tie in classification seniority,
department seniority (since most recent date of hire) shall be used to break the tie. In the
event a tie remains, earliest date of application for employment in the Fire Department shall
prevail.
Employees on light duty, while assigned to an administrative shift (i.e., 37.5 hours, Monday
- Friday), shall not be permitted to reschedule their Kelly Days except when it falls on
Saturday or Sunday, in which case it will be taken on the next scheduled work day. While
on light duty, 8 hours of leave shall continue to be charged for full day absences and hour
for hour for partial day absences.
16.03 The parties recognize that the employees covered by this agreement are essential to the
successful operations of County facilities and services during a declared emergency. As
such, the parties agree that as a condition of these employees' employment with Indian
River County, they must be available and able to report to work and perform assigned
duties as directed by management during a declared emergency. The failure to report to
work and/or perform assigned duties as directed by management during a declared
emergency will be cause for termination of employment with Indian River County. The
Fire Chief or his designee may allow exceptions to this requirement for extraordinary
circumstances at his discretion.
16.04 Non -shift employees assigned to a 37 %2 hour workweek may, with the approval of the Fire
Chief or designee, flex their time within a workweek so long as the flex is completed in the
same workweek and does not cause or result in overtime.
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16.05 Department personnel will remain responsible for hedge trimming and basic sprinkler
maintenance, but not yard/lawn maintenance.
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ARTICLE 17
STAFFING
17.01 The Employer will maintain what it determines to be a safe and effective number of
personnel at each station and sub -station during each shift. The Employer agrees with the
Union that having three firefighters on an engine would be preferable to having two
firefighters on an engine. The Employer will consider this fact when setting staffing levels.
The Employer also agrees that no station will be reduced to under what it determines to be
minimum staffing for more than four (4) hours per shift with the exception of approved in
house, on duty education and training.
17.02 The County will allow seven (7) employees off on approved leave per shift. Approved
leave shall be defined as Annual Leave. The County will allow two (2) on -shift employees
per Bureau (Training and Prevention) off per day. Any additional employee leave may be
granted only with special approval of the Fire Chief. All leave shall be requested and
scheduled via the County's electronic scheduling software.
17.03 The County shall implement an electronic scheduling software.
17.04 Effective October 1, 2022, a PT day will no longer be provided, except for single role
paramedics who shall receive six (6) PT shifts per fiscal year, to be used in the same manner
as annual leave. PT days taken shall not count as time worked for purposes of overtime.
Unused PT days will not carry over from fiscal year to fiscal year and will not be paid out
upon separation of employment.
ARTICLE 18
VACANCIES AND PROMOTIONS
18.01 The decision whether or not to fill a bargaining unit vacancy shall be within the sole
discretion of the Fire Chief. Should the Fire Chief decide to fill the vacancy, the filling of
the vacancy shall be in accordance with the District Personnel Rules and Regulations,
except as modified herein. The County shall begin a promotional process for the new rank
of Rescue Sergeant so that one Rescue Sergeant can be staffed on each rescue unit as soon
as possible. After completion of this initial promotional process, all promotional
examinations will be held in accordance with Section 18.02 below. Once there are a
sufficient number of Rescue Sergeants to staff each rescue unit, the County shall no longer
use AP, Solo or Lead Medics.
18.02 Promotional examinations for bargaining unit positions shall be held during the months of
August and September. The Fire Chief, after consultation with the Union President may
hold promotional examinations at another time should the need arise.
18.03 The Training Bureau shall rank all of the candidates, and shall forward the entire list of
ranked candidates to the Fire Chief. The rankings shall be determined based upon a point
system formulated in Article/Section 18.08 and 18.09. In order to be eligible, a candidate
for the rank of Driver/Engineer shall have at least three (3) years of service with the
Department, a candidate for Rescue Sergeant shall have at least three (3) years of service
with the Department and at least two (2) years as a protocoled and released Paramedic
authorized to operate as such by the Medical Director, and a candidate for the rank of
Lieutenant shall have at least three (3) years of service as a Driver/Engineer and/or Rescue
Sergeant with the Department. The Fire Chief shall select from the top three candidates
the individual he believes, in his discretion, is most qualified for the position. Once the
selection is made, the list shall automatically reset to advance the next highest -ranked
candidate to the top three. In the event there are fewer than three employees on the
promotional list, or the list is exhausted, the Fire Chief shall have the authority to appoint
an employee who is not on the promotional list that the Fire Chief believes, in his
discretion, is most qualified for the position; provided that the employee selected must be
qualified to work out -of -classification for the position. In appointing an employee who is
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not on the list, the Fire Chief shall consider the employee's job performance, disciplinary
actions, college degrees, additional training courses, certifications, leadership, attitude,
attendance, and seniority. No appointed employee shall be forced to accept a promotion.
18.04 Each employee covered hereunder shall annually receive a written evaluation assessing his
performance of the essential functions of the employee's job. The appraisal form shall be
developed by the Employer.
18.05 Newly hired employees shall serve an initial probationary period of one year. Newly hired
Firefighter/EMT employees who do not possess paramedic certification are required to
attain the paramedic certification within the initial twenty-four (24) month probationary
period and will serve an additional probationary period not to exceed twelve (12) months
from the date of receiving paramedic certification. Newly hired probationary employees
may be dismissed at any time at the discretion of the County and are not entitled to use the
grievance/arbitration procedures relating to their discipline or discharge, and are not
entitled to payments of sick leave or vacation leave at time of termination. Newly hired
employees who do not possess Paramedic certification shall only receive a cost -of -living
adjustment if any and will NOT receive any available step increases until such time they
are certified by the State of Florida as a Paramedic.
18.06 Employees who are promoted shall serve a promotion trial period of twelve months. If an
employee who is serving a trial period incurred as a result of a promotion is found to be
unqualified to perform the duties of the higher position, a good faith effort will be made to
return the employee to the position and status held immediately prior to the promotion. If
the employee's former position is filled, the employee may be transferred to a vacant
position for which the employee qualifies. If no vacancy exists for which the employee is
qualified, the employee will be placed in a lay-off status with recall rights.
18.07 Upon successful completion of their trial period, Fire Inspectors who have at least 5 years
of experience with Indian River County Emergency Services will be promoted to
Lieutenant Fire Inspector, only after applicable testing
18.08 The following promotional process shall be followed:
RAW SCORES:
EXAM SCORES TOTAL SCORE (300 Points max)
Multiple choice written test 100 Points max
Practical scenario test 200 Points max
TOTAL MAXIMUM RAW SCORE 300 Points
The written test will be 100 multiple choice questions scored at 1 point each. The exam will be
taken from job specific areas for each rank. Maximum score for written exam is 100 points. An
employee who does not score an 80% (or greater) on the written exam will not be eligible to take
the practical scenario test and will not be considered for the promotion. At least 90 days prior to
the exam, candidates will be provided a list of source materials from which the questions on the
exam will be drawn.
For Officers, the practical test will be comprised of scenario -based situations that will test the
applicant's oral and reasoning skills, as well as their incident management capability. For Rescue
Sergeant, the practical test will be comprised of two scenario- based situations (medical and trauma
scenarios). For Driver/Engineers, the practical test will be comprised of two scenario- based
situations (driving and pumping) that will test the applicant's oral and reasoning skills, as well as
their incident management capability. As in the past, they will need to recall and verbalize their
instructions based on the SDP's, meeting prescribed benchmarks, as well as using their common
sense and job experience. Outside evaluators from other Fire Departments will evaluate and grade
each applicant unless otherwise agreed upon. Maximum score for the practical test is 200 points.
An employee who does not score an 80% (or greater) on any portion of the practical test will not
be considered for the promotion.
Protest Procedure:
The proper procedure for protesting the written exam shall be announced prior to starting the exam
and shall include the following: (a) Item not from the reading list; (b) No correct answer available;
or (c) More than one correct answer.
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All protests must be noted at the conclusion of the exam, which shall not be considered concluded
until after the review. No candidates are to be involved in the discussions related to the resolution.
If a protest is determined to be valid, the affected item shall be removed from the test for all
candidates. All protests shall be resolved by the Training Bureau within three (3) business days of
the exam.
Candidates will be given one (1) chance to appeal the performance-based component of the
promotional process. Candidates can appeal a procedural error or method error on the day of the
performance-based component.
18.09 Once the top 3 candidates are determined based upon their raw scores (written and practical
scenario test), the Training Bureau will issue additional points based upon departmental service as
outlined below. Additionally, the Training Bureau will consider the following factors: job
performance evaluations, disciplinary actions, working out of classification, college degrees,
additional training courses, and certifications in ranking the top 3 candidates. The Training Bureau
will review the college degrees, additional training courses, and certifications to determine whether
consideration will be given. Additionally, the Fire Chief reserves the right to interview the top 3
candidates.
NOTE: Ties based upon raw scores will be broken by applying years of service points for
Driver/Engineer or Rescue Sergeant promotions and by years of service and years of rank points
for Officer promotions. In the event there is still a tie, the Training Bureau will consider the
resumes of the tied employees.
DEPARTMENTAL SERVICE (25/50 Points max)
Total years of service completed; credit is 1 point per full year. Total years in rank completed;
credit is 1 point per full year. For promotion from Firefighter to Driver/Engineer or Rescue
Sergeant, only total years of service points will be credited. For transfer from one of
Driver/Engineer or Rescue Sergeant to the other, additional years in rank point will be credited for
time in either rank. For promotion from Driver/Engineer or Rescue Sergeant to the rank of
Lieutenant, additional years in rank points will be credited for time in Driver/Engineer and/or
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Rescue Sergeant rank. For promotion from Lieutenant to Captain, additional years in rank points
will be credited for time served as a Lieutenant. Maximum score for Service is 25 points for
Driver/Engineer promotional testing and 50 points for Officer promotional testing.
EDUCATIONAL POINTS FOR COLLEGE DEGREES (10 points max):
BS OR BA department related, 10 additional points added to final grade.
AS OR AA department related, 5 additional points added to final grade.
Degrees shall be considered department related if eligible for the Firefighters Supplemental
Compensation Program.
CERTIFICATIONS
An approved and accredited department related certification requires an examination or review to
obtain.
Certifications that will automatically be approved will be listed by the Training Division. Any
additional certifications may be approved or rejected by the educational committee in the future,
and added or subtracted from the list as necessary.
EDUCATIONAL COURSES
Any documented courses given by colleges, Fire/EMS or public safety agencies, or private
companies that are job related and approved by the Training Bureau, including any course with a
course number assigned by the State Fire Marshal that is at least 32 hours in length.
All employees shall have a folder created in their training file to maintain the documentation of
each employee's education. The Training Bureau shall review all education courses/certifications
to be used for consideration. It is the responsibility of the employee to ensure that a copy of all
pertinent certificates are in the training file.
It is the responsibility of each employee to present current educational documents for their resume.
If the documentation is not there, it shall not be considered.
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ARTICLE 19
SHIFT EXCHANGE
19.01 Effective the beginning of the first pay period after Union ratification and County approval
of this Agreement, employees may exchange shifts up to 312 hours per fiscal year when
the change does not interfere with the operations of the Fire Department, and when prior
approval is granted at the discretion of the Fire Chief or his designee. In the event an
employee is unable to work due to injury, illness, or disability, and has exhausted the 312
hours, the Fire Chief may, in his discretion, allow additional hours. Written requests will
be submitted to the Fire Chief.
19.01.1 The Fire Chief may provide a carve out for education.
19.01.2 The Union President may assign up to seventy (70) full or partial standby
arrangements.
19.01.3 Standby arrangements are subject to the limitations in Section 19.02;
provided, however, that an employee of equal classification who has equal
or higher qualifications shall be permitted to work the standby arrangement.
19.01.4 Standby arrangements under this Agreement shall only be used for the
following:
A. Executive Board Meetings (limited to Local 2201's four principal
officers and Local 2201's shift stewards).
B. General Union Meetings noticed to Local 220 I's members.
C. CBA negotiations with the District/Indian River County, including
impasse hearings.
D. Grievance step meetings and arbitration hearing under the CBA.
E. Public meetings of the Indian River County Board of County
Commissioners (limited to Local 2201's four principal officers).
F. Conferences, conventions, and seminars relating to union activity.
G. Charitable community events and fundraisers organized by or for
the benefit of a bona fide Section 501(c)(3) non-profit organization,
excluding any and all forms of political activity.
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H. Meetings with Local 2201's attorneys regarding District/Indian
River County union matters.
I. Florida PERC proceedings in which Local 2201 is a party.
19.01.5 The seventy (70) full or partial standby arrangements referenced in this
Agreement, are the maximum number allowed per fiscal year, and any
unused standby arrangements shall not be rolled over to the following fiscal
year.
19.02 The exchanging employees shall both be of equal classification or both qualified to work
in each other's classification. Exchanging employees may be required to work in their
highest qualified capacity.
19.03 Vacation leave will be charged to the employee who agreed to work the shift if the
employee who agreed to work the shift calls in sick.
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ARTICLE 20
SUBSTITUTE EMPLOYMENT
20.01 The Employer agrees not to use, assign or detail members of the bargaining unit as
substitute employees to perform non -firefighting /EMS duties except where lives or
property are in imminent danger.
20.02 Furthermore, the Employer agrees to use members of the Vero Beach Volunteer Fire
Department as supplements to the Department only and will not replace a career firefighter
with a volunteer firefighter.
20.03 Bargaining unit employees shall inform the Fire Chief, in writing, of any outside
employment. Outside employment which interferes, or is incompatible, with County
employment may be denied. No outside employment shall be performed less than eight
(8) hours prior to the start of an employee's assigned shift.
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ARTICLE 21
WORKING OUT OF CLASSIFICATION
21.01 An employee required to work temporarily at a rank higher shall receive $2.50 per hour for
the period of time the employee actually works (excluding any periods of leave) worked
out of classification. Solo Paramedic and ALS lead are not classifications. On -duty
qualified employees whose name appears on the eligibility list (where one exists) for
promotion to the next rank shall be chosen first to work out of classification. Employees
having completed their promotional trial period may work out of classification if qualified
by the Training Department.
21.02 Employees will be required to work out of classification if qualified when directed by the
department.
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ARTICLE 22
TRANSFERS
22.01 Employees may be allowed, at Departments discretion, to transfer between combat, fire
prevention, and training, rank to rank, if a vacancy exists, provided the employee has the
minimum qualifications for the position. In such a case, the employee shall be paid at the
same pay step in the day shift pay plan commensurate with the position to which the
employee has been transferred.
22.02 Bargaining unit employees may be transferred, at the Department's discretion, to any fire
rescue position and/or shift within the Department. In such a case, the employee shall be
paid at the same pay step in the applicable pay plan commensurate with the position to
which the employee has been transferred.
ARTICLE 23
PERSONNEL REDUCTION
23.01 If a personnel reduction is necessary, the Employer shall determine the number of
employees and jobs affected in the bargaining unit and retain employees on the basis of
job qualifications, length of uninterrupted services as a full-time employee (seniority),
and job performance. Other factors being equal in the Fire Chief's judgment, seniority,
as defined above, shall prevail. Laid -off employees will be recalled within two (2) years
of the employee's lay-off date before new employees are hired for future vacancies in the
Fire Department, however, the laid -off employee must meet, as a minimum, the basic
qualifications (i.e., Fire Standards Certification is current, EMT is active, Fire Inspector
certification is current (if applicable), and/or Paramedic License is active) they held at the
time of their separation. Recalled single -role employees will not be required to enter into
an employment agreement to become dual certified if recalled within the two-year period.
23.02 Laid -off employees shall retain seniority in the Fire Department for a period of two (2)
years after lay-off.
23.03 An employee shall lose seniority if the employee voluntarily quits or is discharged for
cause, immediately upon the employee's last day in a work status. An employee shall be
considered a voluntary quit if the employee is absent three (3) consecutive duty shifts
without prior approval from, or notification to, the Fire Chief or his or her designee.
Q
ARTICLE 24
BEREAVEMENT LEAVE
24.01 Regular full time bargaining unit employees covered by this agreement shall be granted up
to two shifts of leave with pay, or three (3) consecutive working days for those not on a
24-hour shift, for death in their immediate family without charge to medical leave, annual
leave, holiday time, or other accumulated time, subject to the terms of the applicable
District Rules and Regulations. At the discretion of the Fire Chief or his designee,
employees may split up the two shifts of leave with pay. All bereavement leave must be
completed within 90 days of the date of death. If bereavement leave is not utilized on
consecutive shifts/work days immediately following the notification of death and is later
scheduled to be used on a holiday, the leave must be approved by the Fire Chief.
24.02 For the purpose of this article, the immediate family shall include parents and step-parents,
spouse, children and step -children, grandmother, grandfather, grandchild, brother, sister,
step -sister, step -brother, mother-in-law, father-in-law, son-in-law, daughter -in law, sister-
in-law, brother-in-law, or legal guardian of the employee.
24.03 Employees shall be required to provide documentation within 90 days supporting their
request for bereavement leave.
.o
ARTICLE 25
HOLIDAYS
The County recognizes the following holidays and any other days authorized by the Board of
County Commissioners under the auspices of the Indian River County Administrative
Policy.
1. New Year's Day
2. Martin Luther King, Jr. Day
3. Good Friday
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Friday after Thanksgiving Day
10. Last working day before Christmas
11. Christmas Day
25.02 Non -shift employees shall be given time off with pay for the above holidays on the County
observed day. If a non -shift employee works the holiday, the employee shall be paid the
overtime rate at time and one-half for the time worked.
25.03 Shift employees not required to work on a holiday, which includes those off on a Kelly
Day, will receive twelve (12) hours pay at their regular rate for the pay period within which
each holiday falls. Shift employees who are required to work on a holiday shall receive
twelve (12) hours of overtime pay, as holiday pay, in addition to their twenty-four (24)
hours of regular pay.
25.04 An employee must be on active pay status, or approved leave on the regularly scheduled
working day immediately prior to a holiday and the regularly scheduled working day
immediately following a holiday in order to qualify for the holiday time.
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ARTICLE 26
MEDICAL LEAVE AND DISABILITY LEAVE
26.01 ELIGIBILITY
A. Full-time permanent non -shift employees earn medical leave at the rate of one (1)
work day per month starting the first full month of employment. Shift employees
shall accrue medical leave at the rate of one day (12 hours) per month. For purposes
of computation, one full 24-hour shift will be equal to two (2) 12 -hour medical
leave days.
B. Medical leave may be taken as earned during the employee's probationary period.
C. Frequent claiming of benefits under this rule will constitute grounds for the
assumption by the Fire Chief that the physical condition of the employee is below
the standard necessary for the proper performance of duties. Likewise, evidence of
malingering or the abuse of this benefit will constitute grounds for prompt dismissal
or disciplinary action by the Fire Chief. Employees suspected of abusing leave will
be placed on notice and will be required to submit a medical release note within
two (2) shifts or work days of returning to work. Abuse of leave shall be defined
as two occurrences in a 30 -day period. For shift employees, each shift or partial
shift that the employee is absent shall be an "occurrence."
26.02 EARNING OF MEDICAL LEAVE
An employee on medical leave for more than fifteen (15) consecutive working days shall
not accrue medical leave for that period of time.
26.03 ACCRUAL
A. For employees hired before the beginning of the first pay period after May 25, 2015,
medical leave may be accumulated for a total of no more than 1200 hours at the
employee's anniversary date.
B. For employees hired on or after the beginning of the first pay period after May 25,
2015, medical leave shall not exceed 600 hours at any time.
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26.04 USE OF MEDICAL LEAVE
MEDICAL LEAVE MAY BE GRANTED FOR THE FOLLOWING PURPOSES:
A. Personal injury, pregnancy or illness not connected with work.
B. Medical, dental, optical or chiropractic examination or treatment. (Refer to
"D" for members of employee's family.)
C. Exposure to a contagious disease which would endanger others.
D. Illness of a member of the employee's immediate family who lives
permanently in the same domicile which requires the personal care and
attention of the employee. No more than five (5) working days a year may
be taken for this purpose without approval of the Fire Chief (see definition
of immediate family in Article 24).
E. Events in accordance with the Family and Medical Leave Act of 1993.
26.05 REQUEST FOR LEAVE
A. To receive compensation while absent on medical leave, the employee shall notify
the employee's immediate supervisor or Fire Chief prior to or as soon as possible
after time set for beginning the daily duties. An employee in a unit operating on a
twenty-four (24) hour basis must notify the department within the time limit
established by the Fire Chief.
B. Medical leave used adjacent to any other approved leave will not be authorized
unless the employee submits medical certification at least 24 hours prior to
reporting for work.
C. Use of medical leave shall not be permitted after submission of an employee's
resignation. A resignation submission date will act as a timestamp, all medical leave
occurrences requested after the resignation date will be drawn from the employee's
annual leave, unless approved by the Fire Chief or his designee. If the employee
has no annual leave available, and is not approved by the Fire Chief or designee for
use of sick leave, the employee shall be placed in a no -pay status during any medical
leave. The provisions of this subsection shall not apply to employees who submit
their resignation in connection with entry into retirement, including entry into the
DROP.
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D. Any request for scheduled medical leave authorized under Article 26.04 (B) shall
be requested 72 hours in advance.
26.06 CHARGING LEAVE
A. For shift employees, medical leave time shall be charged to the employee in 12 -
hour increments unless the employee has requested approval 72 hours in advance
and received approval from the Fire Chief or his designee to use less than 24 hours.
B. For shift employees who have received approval for less than 12 -hour increments,
medical leave will be charged in not less than one (1) hour minimum period for
time less than one (1) day.
C. For non -shift employees, medical leave time shall be charged to the employee on
an hour for hour basis for approved absences. No more than one absence per work
day may be charged.
26.07 RETURNING FROM MEDICAL LEAVE
A. Employees on medical leave for 21 calendar days or more shall provide medical
certification stating they are fit for duty at least 24 hours prior to reporting for work.
26.08 SPECIAL CONSIDERATION FOR PRUDENT USE OF MEDICAL LEAVE
Medical leave accumulated in excess of one hundred (100) days prior to the employee's
anniversary date shall be compensated by paying the employee by the middle of the month
following the month in which the employee's anniversary date occurs for such excess leave
at the employee's regular hourly straight time pay.
26.09 MEDICAL LEAVE PAYMENT UPON SEPARATION FROM SERVICE
A. Employees hired on or after May 25, 2015 and who have ten or more years of
service with the County at the time of separation, shall receive 100% of the base
rate of pay for one-half of all unused medical leave, up to a maximum of 300 hours,
upon retirement or death.
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B. Employees hired prior to May 25, 2015 shall receive 100% of the base rate of pay
for all unused medical leave, up to a maximum of 1200 hours, upon retirement in
accordance with existing retirement plans or death.
26.10 Disability leave with pay shall be provided by the Employer on the following basis:
A. The disability resulted from an injury or an illness sustained directly in the
performance of the employee's work, as provided in the State Workers'
Compensation Act.
B. If incapacitated for his or her regular position, the employee may be given other
duties with the Fire Service for the period of recuperation, provided the employee's
medical condition permits. Unwillingness to accept such an assignment as directed
by the Fire Chief will make the employee ineligible for disability leave during the
time involved.
C. A physician selected by the County may be used to determine the physical ability
of the employee to continue on disability leave or to return to work.
D. Except as may be modified by Article 26.11, if the disability leave is approved, the
first seven (7) days of the leave will be charged to the employee's medical leave or
the annual leave account. After the first seven (7) days, the employee will be
entitled to normal Workers' Compensation only, unless the employee elects to
supplement such Workers' Compensation benefits with any accrued medical or
annual leave he or she may have. In no case shall the employee's total
compensation from county pay and Workers' Compensation exceed his or her
normal compensation.
E. No new medical leave shall be accumulated during the period an employee is off
the job due to injury.
45
F. At any time during the period of disability, any case may, upon request, be reviewed
by an authorized County physician who shall provide the Director of Emergency
Services with an assessment on the likelihood of the employee returning to work.
26.11 In the event of a combat injury, generally defined as occurring from the point of alarm to
the return to station, an employee will be paid an amount equal to the employee's normal
earnings by use of District funds or a combination of District funds and Workers'
Compensation without charge to the employee's medical or annual leave. This coverage
will be extended to other hazardous activities, if approved by the Fire Chief, after a request
for approval of such paid disability has been made by the union president. The Fire Chief's
approval shall not be unreasonably withheld.
26.12 Bargaining unit employees who, in the line of duty, incur an illness, injury, or condition
that restricts the employee from being able to perform his or her regular duties and
responsibilities may be reassigned to a light duty position within the Department so long
as: ; (1) the employee's work restrictions permit such work and
(2) the Fire Chief determines such a position to be available within the Department.
Bargaining unit employees shall not be entitled to light or restricted duty for non -duty
related illness, injury, or condition (not including pregnancy), except as required by law.
26.13 Bargaining unit employees shall be eligible for Family and Medical Leave, in accordance
with, and under the terms of, the Family and Medical Leave Act of 1993 (FMLA). FMLA
leave shall run concurrently with all other paid and unpaid leave for FMLA-qualifying
absences, and all absences from work for FMLA-qualifying reasons, whether paid or
unpaid, will be charged against the employees' FMLA leave allotment. Employees on
Family and Medical Leave are required to use all paid leaves before going on leave without
pay.
EEO
ARTICLE 27
INSURANCE BENEFITS
27.01 The County shall provide insurance for all bargaining unit employees and their dependents
in the same manner as the County's general non -bargaining unit employees, including the
retiree health insurance subsidy, hospitalization, and medical insurance.
27.02 The County shall maintain in full force and effect, and pay all premiums for, a life insurance
policy on the life of each employee, payable to a beneficiary designated by the respective
insured employee. Such life insurance policy shall be based on an amount equal to the
employee's annual salary to the nearest high thousand as of the month following the payroll
change.
27.03 Separation shall be effective as of the date of death. All compensation and benefits due to
the employee as of the effective date of separation shall be paid to the beneficiary, surviving
spouse, or estate of the employee as determined by law or by executed forms in the
employee's personnel folder.
47
ARTICLE 28
ANNUAL LEAVE
28.01 Employees in the bargaining unit shall be entitled to accrue paid annual leave on the
following basis:
1. 132 hours vacation for shift employees - 75 hours vacation for non -shift employees
shall be earned each year for the first five (5) years of continuous employment
commencing with the anniversary date.
2. 192 hours vacation for shift employees 112.5 hours vacation for non -shift
employees shall be earned at the start of the sixth year of continuous employment
through the end of the tenth year of continuous employment.
3. For each additional year of continuous employment, employees shall earn an
additional day of vacation up to a maximum of 252 hours per year based on the
calculations below
CONTINUOUS EMPLOYMENT ANNUAL HOURS EARNED
28.02 For employees hired prior to May 25, 2015, 504 hours may be carried over from year to
year; and for employees hired on or after May 25, 2015, 360 hours may be carried over
from year to year; however, an employee shall not be allowed more than 360 hours annual
leave in a one-half (1/2) year period.
28.03 For employees hired prior to the beginning of the first pay period after Union ratification
and County approval of this Agreement, employer rules and regulations will apply
regarding notification and/or pay for annual leave earned above 500 hours. Employees
48
SHIFT
NON -SHIFT
11 YEARS
204
136
12 YEARS
216
143.5
13 YEARS
228
151
14 YEARS
240
158.5
15 YEARS
252
166
28.02 For employees hired prior to May 25, 2015, 504 hours may be carried over from year to
year; and for employees hired on or after May 25, 2015, 360 hours may be carried over
from year to year; however, an employee shall not be allowed more than 360 hours annual
leave in a one-half (1/2) year period.
28.03 For employees hired prior to the beginning of the first pay period after Union ratification
and County approval of this Agreement, employer rules and regulations will apply
regarding notification and/or pay for annual leave earned above 500 hours. Employees
48
retiring after entering the DROP will be eligible to receive up to 300 hours of leave upon
separation. Employees hired on or after the beginning of the first pay period after Union
ratification and County approval of this Agreement will be eligible to receive payment for
accrued annual leave up to 500 hours, or the maximum hours allowed by the Florida
Division of Retirement at the time, whichever is less, in total.
28.04 Employees with the most time in total service years will be given preference when granting
annual leave, during the seniority months (November, for January, February, and March;
February for April, May, and June; ; May for July, August, and September; ; August for
October, November, and December). Bargaining unit employees may cancel annual leave
that has been approved through the Seniority Month selection process either during the
Seniority Month in which it is granted, or at any time up to six (6) weeks prior to the date
that the annual leave is to be taken, whichever is greater. Annual leave that has been
approved through the Seniority Month selection process may not be cancelled other than
as provided in Article 28.04, except as authorized in writing by the Fire Chief, or designee,
in his sole discretion. The Fire Chief's decision to authorize or not authorize the
cancellation of annual leave shall not be grievable. Notwithstanding their ability to cancel
annual leave as provided in Article 28.04, bargaining unit employees who use the Seniority
Month selection process shall continue to be required to use a minimum of two consecutive
shifts of annual leave. Annual leave approved outside the Seniority Month selection
process (on a first come, first served basis) may be cancelled with at least twenty-four (24)
hours' notice to the County.
28.05 Non -shift employees shall receive one (1) personal day to be used within each calendar
year in accordance with the vacation policy.
28.06 Non -shift employees shall be allowed to utilize annual leave in one (1) hour increments.
49
ARTICLE 29
LEAVE OF ABSENCE WITHOUT PAY
29.01 The decision to grant leave without pay (leave of absence) is a matter of administrative
discretion. It shall be incumbent upon the Fire Chief to weigh and determine each case on
its own merit. Any leave of absence for a period of thirty (30) days or more must have the
approval of the Fire Chief. Any appointment made to a position vacated by an employee
on leave without pay shall be conditional upon the return of the employee on leave.
29.02 Any employee granted a leave of absence shall contact the Fire Chief at least two (2) weeks
prior to the expiration of the approved leave in order to facilitate the reinstatement process.
29.03 Failure to return to work at the expiration of the approved leave shall be considered as a
resignation.
29.04 No medical leave or annual leave will be earned by an employee for the time that the
employee is on leave without pay.
29.05 Leave without pay shall not constitute a break in service, but time off will not be credited
toward retirement.
29.06 Fringe benefits can be continued at the expense of the employee on any leave of absence
over thirty (30) days.
50
ARTICLE 30
COURT DUTY
30.01 COURT LEAVE
A. Employees attending court as a witness on behalf of a public jurisdiction or
for jury duty during their normal working hours shall receive full pay equal
to their normal work schedule for the hours they attend court. This time
shall be
charged as paid court leave. Remuneration paid by the court shall be turned
over to the Employer.
B. All permanent full-time employees subpoenaed to attend court on behalf of
the Employer are eligible for paid court leave. Any remuneration paid by a
third party in conjunction with such appearance shall be turned over to the
Employer.
C. Those employees who become witnesses, plaintiffs, or defendants in the
matters unrelated to the Employer are not eligible for paid court leave.
Employees who are parties against the County in any proceeding, or who
appear without subpoena as witnesses for a party against the County in any
proceeding are not eligible for paid court leave.
D. Nonexempt employees who attend court representing the Employer on their
day off will be compensated in accordance with the overtime provision.
However, every attempt should be made not to schedule a court appearance
on the employee's day off.
E. Employees who attend court for only a portion of a regularly scheduled
work day are required to report to their supervisor within a reasonable
period of time of being excused or released (other than for the night) by
court. The failure to so report will be cause for disciplinary action,
including termination of employment. Employees released for the night
51
who are required to report back to the court following day shall not be
required to return to work.
F. Employees who attend court on behalf of the County, while on scheduled
vacation, may be allowed to take additional leave with pay for the court
time.
G. In the event a holiday occurs during the period of an employee's jury duty,
he or she shall receive pay for the holiday.
H. All court attendance must be verified before an employee shall be
compensated. Monies received from court appearances will be turned
over to the Employer.
52
ARTICLE 31
SCHEDULING
31.01 DISTRIBUTION OF ADDITIONAL HOURS
All additional scheduling will be distributed equally by classification to the best ability of
the supervisor in charge, except where operational needs dictate otherwise, using a
computer-generated eligibility list or graphical presentation posted daily in real time by the
supervisor in charge as a guide for such distribution. In compiling the posted eligibility
list, the following conditions will be adhered to:
A. All assigned additional hours worked by the employee will be placed on the
eligibility list.
B. When an employee enters a new classification, the employee will be placed
on the eligibility list at the top of list for the classification.
C. If an employee is on approved leave, other than Kelly Day, they will not be
offered hours. This is not to be interpreted as meaning that an employee is
not subject to being eligible for additional hours or call-back while on
approved leave. Employees on approved leave are not subject to mandatory
assignments. For distribution of additional hours an employee shall be
considered on approved leave from the time the employee finishes work on
the last scheduled work day before going on vacation until the employee's
scheduled starting time on the first scheduled work day after the employee's
vacation.
E. It is expressly understood that reliable, prompt service is a priority
responsibility to the public we serve. It is expected that all employees will
respond when an emergency or bona fide need exists. The failure to so
respond, except as covered in (C) above, will be cause for disciplinary
action, including termination of employment.
53
31.02 PROPER FILLING OF AND DISTRIBUTION OF ADDITIONAL HOURS
A. All call -out vacancies requiring additional hours will be filled by the off going
shift. Prearranged vacancies requiring additional hours shall be offered to
employees starting from the top of the appropriate classification eligibility list.
The shift command shall attempt to fill prearranged vacancies at least two shifts
in advance of the vacancy. In the event that prearranged vacancy cannot be
filled, then it shall be filled using the current eligibility lists.
B. Additional hours will be called within the classification creating the overtime
first. Solo Paramedic and ALS lead are not classifications. If all employees
within that rank refuse then only those employees one classification below who
can work out of rank will be called. If those employees refuse, then the
employee with the lowest number of occurrences as reflected on the eligibility
list within the original classification causing the coverage and not on approved
leave will be assigned the additional hours in a mandatory status.
C. When employees are promoted to a classification, or transferred to another shift,
they shall be placed at the top of the appropriate classification eligibility list.
Each additional hours assignment worked in the amount of (12) twelve or more
continuous hours shall be counted as an occurrence. After each occurrence, the
employee shall be moved to the bottom of the eligibility list. If an employee
declines to work the additional hours, they will move closer to the top of the
eligibility list as additional hours are distributed. If an employee is ineligible
to work the mandatory coverage assignment, they will not be charged an
occurrence. Employees who, for (30) thirty consecutive calendar days or
longer, are on Worker's Compensation leave, light duty assignments, FMLA,
or sick leave will be removed from the eligibility list until re -instatement. Then,
the employee will be placed back on the top of the eligibility list
D. The Fire Chief may authorize a special event assignment when needed under
special circumstances. The staffing of these events will be handled as outlined
in Article 31. Mandatory assignments of (4) four hours or more pursuant to this
54
subsection (D) shall be considered an occurrence of mandatory coverage and
the affected employee shall be placed at the bottom of the eligibility list. If an
employee on mandatory assignment finds a coverage approved by the shift
command, then both employees will move to the bottom of the list.
31.03 CALL -OUT AND PREARRANGED SCHEDULING
A. When an employee is required to report for work at a time other than the
employee's regular work schedule, it shall be considered:
1. A call -out, if the employee has less than twelve (12) hours' notice
by the Fire Chief or authorized representative; or
2. Prearranged coverage if the employee has twelve (12) hours' or more
notice.
B. On a call -out, the employee shall be paid a minimum of three (3) hours at
time and one-half as time actually worked, except that if the employee is
called out before the employee's regular starting time and works through the
employee's regular work period, then only time actually worked shall be
allowed. Time shall start at time of initial contact (unless the employee fails
to report to work within a reasonable period of time after contact,
whereupon time shall start at a reasonable period of time before appearing
at work) for purposes of computing time worked and/or paid and shall end
upon sign -off at work headquarters.
C. In the case of prearranged overtime, the employee shall be paid a minimum
of four (4) hours for 24-hour shift employees and 2 hours for day shift
assigned employees (except in the case of meetings, two (2) hours), except
if the employee is required to report before the employee's regular starting
time and works through the employee's regular work period or is required
to continue after the employee's regular quitting time, then only time
55
actually worked or spent in meetings shall be allowed. Pay under this
paragraph cannot be converted to compensatory time.
D. No employee will be called back to work during the employee's vacation
period, unless an extreme emergency has been declared.
1. An employee's vacation period will begin on the instant the
employee finishes the last hour of regularly scheduled work.
2. An employee's vacation period will end on the first hour of the
employee's scheduled return to work date.
3. In the event an employee is called back from vacation out of town,
the District will assume all costs involved in transporting the
employee to and from the vacation site.
31.04 DISTRIBUTION OF FIRE PREVENTION ADDITIONAL HOURS
A. In compiling the list of additional hours, the following conditions will be
adhered to:
1. The employee with the lowest number of hours will be offered the
additional hours first. If the employee declines the additional hours,
the employee shall be charged the additional hours offered. Then,
additional hours shall be offered to employees with the lowest
number of hours. If those employees refuse, then the employee with
the lowest number of hours within the original offer will be assigned
the additional hours in a mandatory status.
2. The additional hours shall be added to the employees' total number
of hours
3. Additional hours performed by the employee shall be included in
the total number hours indicated on the posted list of additional
hours.
4. If an employee refuses additional hours which the employee gets
56
someone else to perform, the additional hours will be also be
charged against the employee who declined.
5. If an employee is on approved leave, they will not be offered hours.
This is not to be interpreted as an employee not subject to a call-
back while on approved vacation. For distribution of additional
hours an employee shall be considered on approved leave from the
time the employee finishes work on the last scheduled work day
before going on leave until the employee's scheduled starting time
on the first scheduled work day after the employee's leave.
6. The accumulated additional hours will be zeroed on October 1St of
each year, and the order of the new lost will begin from the
employee with the lowest number of hours in the preceding year.
57
ARTICLE 32
MILEAGE ALLOWANCE
32.01 Employees temporarily assigned from one station to another station necessitating travel
between stations will be compensated at the County's reimbursement rate if the employee
chooses to use the employee's personal vehicle. Employees who choose this option must
comply with the minimum county insurance requirements. If the employee chooses not to
use the employee's own personal vehicle, it shall be the responsibility of the District to
provide transportation between stations and back.
32.02 Application for mileage reimbursement and/or travel must be made within thirty (30)
calendar days of the reimbursable travel. No mileage reimbursement will be paid in the
absence of a timely request.
W
ARTICLE 33
INCENTIVE PAY
33.01 An employee of the District who has successfully completed a certified diver's course and
self paid the expenses shall be given a pay increase of twelve dollars ($12.00) bi-weekly.
33.02 A. An employee of the District who has completed a total of eighty (80) hours in
courses approved by the Fire Chief or his designee with the recommendation of the
Training Bureau will receive a pay increase of ten dollars ($10.00) bi-weekly. The
courses for which the employee seeks educational incentive pay must be approved
by the Fire Chief or his designee with the recommendation of the Training Bureau
prior to enrollment. There will be a maximum of four (4) eighty -hour blocks per
employee.
B. The hours involved in the Fire Fighters State Minimum Standards Basic Recruit
Training are excluded from this agreement.
33.03 The incentives offered in this article (from 33.01 through 33.024) shall be available
only for employees who have qualified for the particular incentives by March 24,
1994.
33.04 The Fire Chief or his designee with the recommendation of the Training Bureau will
have sole discretion on filling positions for special operations incentive, must comply
with the collective bargaining agreement. The filling of these spots will be determined
by the minimum standards associated within each discipline and the availability of
rank in each discipline. The employee shall continue to receive the incentive until such
time as the employee is no longer qualified for the slot, e.g., the employee promotes to
a different rank where no slot is available or loses/drops a required certification, except
that the County may remove an incentive for cause. The highest rank which may
occupy a slot for special operations is Lieutenant. The Training Bureau with approval
of the Fire Chief will establish criteria for sections 33.05 through 33.10.
59
33.05 An employee who is qualified and certified as a Paramedic may assume the duties of
the E.M.S. Field Training Officer and shall receive a pay increase of eighty dollars
($80.00) bi- weekly. There will be a maximum of twelve (12) E.M.S. Field Training
Officers in the department.
33.06 Four (4) Special Operations F.T.O.s per shift, total of 12 slots, shall receive eighty
dollars ($80.00) biweekly. FTO assignment shall be made by management on a fiscal
year basis. Employees who are not selected to retain FTO status will not be eligible to
continue to receive the biweekly incentive.
33.07 Forty (40) Special Operations (Technician Level) per shift consisting of 13 Technical
Rescue with a breakdown of 3 Lieutenant, 3 Engineer and 7 Fire Medics, 3 ARFF
personnel per shift OOR Engineer or Engineer, 12 Haz Mat per shift 2 Lieutenant, 2
Engineer and 8 Fire Medics , 12 Rescue Diver per a shift, 2 Lieutenants, 2 Engineers and
8 Fire Medics for a total of 120 slots, shall receive forty dollars ($40.00) biweekly, so
long as they maintain their certifications or are removed in accordance with Section
33.04 above. Up to fifteen (15) individuals who, as of October 1, 2022, currently
receive incentive pay, and who are not selected to fill a special operations slot, will
continue to receive the thirty-five dollars ($35.00) biweekly legacy incentive pay as
long as they meet the minimum qualifications of the special operations slot for which
the incentive is paid. Such legacy incentive pay may cease if the employee does not
maintain minimum standards established by the Training Bureau and maintain
appropriate credentialing. An employee shall only be eligible for one incentive
pursuant to this Section 33.07.
33.08 Non -shift employees shall be eligible for two (2) pay increases of thirty-five dollars
($35.00) biweekly (maximum of six individuals) when they become certified in one of
the following areas:
State of Florida Instructor II or III
State of Florida Inspector II or NFPA Certified Inspector I
State of Florida Investigator II or IAAI Certified Investigator
NFPA Certified Fire Plan Examiner I or NFA Plan Review for Inspectors
State of Florida Fire Inspector III
State of Florida Fire Code Administrator
•1
33.09 An employee who is qualified and holds a certification in MSA G1 Tech will receive
($25.00) biweekly with a max of 6 spots. This is an incentive in addition to the incentives
in section 33.07.
33.10 An employee that is qualified to be on The Honor Guard will receive ($25.00) biweekly
with a max of 10 spots. This is an incentive in addition to the incentives in section 33.07.
33.11 Effective the first full pay period in October 2022, the Solo Paramedic and ALS Lead
incentives shall be eliminated. From that date forward, all bargaining unit employees who
are both certified paramedics and protocoled by the Medical Director shall receive a $6,000
annual paramedic incentive. The paramedic incentives shall be paid biweekly. Bargaining
unit employees who lose their paramedic certification and/or are no longer protocoled by
the Medical Director shall no longer receive the paramedic incentive.
33.12 The County shall make available up to $50,000 per fiscal year for the purpose of
reimbursing employees for tuition expenses. Reimbursements shall be evaluated and
approved based on the criteria below on a first come, first serve basis. Only the cost paid
for tuition based on the grade criteria below will be eligible for reimbursement. The courses
for eligibility MUST be assigned a course number by the State Fire Marshal or be related
to the program of fire or EMS related services. Elective courses and general education
courses are not eligible.
A. The employees must first receive written approval prior to taking the
course.
B. Must have 3 years of service with Indian River County Fire Rescue
Division.
C. Must execute a payback agreement with the County.
I. If the employee leaves employment within two (2) years, they will
be required to repay the entire cost of reimbursement.
61
Reimbursement will follow the below schedule:
"A" - 80% Reimbursement
"B" - 65% Reimbursement
"C" - 50% Reimbursement
No reimbursement will be offered for grades lower than a "C". The official grade -reporting
document for each class must be provided for reimbursement consideration.
62
ARTICLE 34
SALARIES
34.1 New hires who possess only firefighter certification and do not possess paramedic
certification will be hired in at $2,000 below the entry level for dual certified positions and
will be required to become dual certified within 24 months of hire. Upon attainment of dual
certification, their pay will be increased to the entry level rate for a dual certified position.
34.2 Bargaining unit employees will be provided wages as follows:
A. For Fiscal Year 2022-23, effective the first full pay period of January 2023, all bargaining
unit employees will receive a general wage increase as a result of being slotted in the pay
plan attached hereto as Attachment B at their current step. This will become the Fiscal
Year 2022-23 pay plan. Attachment B also reflects an adjustment in certain hourly rates
due to the implementation of the 9 -week Kelly Days effective the pay period of the first
work cycle on or after June 1, 2023 (2808 annual hours) and due to the implementation of
the 6 -week Kelly Days effective the pay period of the first work cycle on or after June 1,
2024 (2704 annual hours).
B. For Fiscal Year 2023-24 and 2024-25, the parties mutually agree to reopen this Section and
collectively bargain any general wage increases for each of those fiscal years. Such
negotiations shall commence on or before June 15' unless the parties agree to a later date.
C. The County and the Union currently use a 14 step pay plan that provides for movement
within the designated classification.
D. Effective the first full pay period of April 2023, April 2024 and April 2025 all non -topped
out bargaining unit employees, except new hires who have not attained dual certification,
will proceed to the next step of their respective pay plan. New hire employees, who have
not attained paramedic certification as of the first full pay period in April 2023, April 2024
and April 2025 respectively, will not advance to the next step of their respective pay plan
until paramedic certification is attained (not to exceed 24 months from date of hire). Upon
63
attainment of paramedic certification, their pay will be increased to the entry level rate for
a dual certified position and the employee will receive the step increase effective the first
full pay period following attainment of the paramedic certification.
E. Step moves, cost -of -living increases, general wage increases, pay scale adjustments or
lump sum payments, if any, after September 30, 2025 shall be established through
collective bargaining for a successor Agreement.
F. In the event of promotion, the employee shall move to the same step of the pay plan for the
higher rank on the first day of the pay period nearest to the date of promotion. In the event
the same step of the pay plan does not exist for the higher rank, the employee shall move
to the lowest step of the higher rank and shall not be eligible to receive the first subsequent
step increase provided in 34.2 D and E.
G. Effective with the first payroll period beginning on or after October 1, 2022, there shall be
implemented a Career Performance Incentive Program as follows:
1. Employees who have completed fifteen (15) to twenty-four (24) years of
continuous, uninterrupted service with the County shall receive $1,500 annual payable
biweekly. The incentive will begin effective with the first full pay period following
attainment of the service requirement.
2. Employees who have completed twenty-five (25) or more years of continuous,
uninterrupted service with the County shall receive $3,000 annual payable biweekly. The
incentive will begin effective with the first full pay period following attainment of the
service requirement.
ME
ARTICLE 35
EQUAL EMPLOYMENT POLICIES
35.01 It is the continuing policy of the District to promote the concepts of equal opportunity
for all of its employees and applicants for employment.
35.02 The District will continue to recruit, hire, train, and promote on merit principles, persons
in all job classifications without regard to race, color, religion, sex or national origin,
except where sex is a bona fide occupational qualification.
35.03 Decisions on employment will be based on the principles of equal employment
opportunity.
35.04 All personnel actions such as compensation, benefits, transfers, layoffs, return from
layoffs, sponsored training, education, social and recreational programs, will be
administered without regard to race, color, religion, sex or national origin.
65
ARTICLE 36
DURATION AND RENEWAL
36.01 This Agreement shall be in full force and effect from the beginning of the first full pay
period on or after October 1, 2022, or the date of ratification by both parties, whichever
is later, through September 30, 2025. This Agreement shall continue in effect from
year-to-year thereafter unless amended or terminated in the manner hereinafter
provided. Either party desiring to amend or terminate this contract shall notify the other
party in writing by February 1 of the year in which the contract expires.
36.02 If the parties do not reach agreement by contract expiration, the existing terms and
conditions shall continue, unless otherwise specified, until a new Agreement is reached
or the impasse is resolved.
36.03 The Employer shall not reduce the staff levels as they existed upon the signing of this
agreement, with the exception that staff levels may be reduced only as a result of
attrition and the Employer will not institute layoffs in the event it limits its
firefighting/EMS activities.
36.04 The Employer agrees that its operations, or any part thereof, shall not be merged,
assigned or otherwise transferred without first securing the agreement of the new
employer to assume the Employer's obligations under this Agreement.
SIGNATURE PAGE
INDIAN RIVER COUNTY FIREFIGHTERS/
PARAMEDICS ASSOCIATION,
DISTRICT
LOCAL 2201, I.A.F.F.
I (---, Qr toL2
Pre ident, John O'Connor
Negotiating Committee Member
Negotfating Codimittee Member
a'
• j ��Member
DATE
Ratified by the Union on the
a1L day of 2022
Confirmed by:
J hn O'Connor
President
67
INDIAN RIVER COUNTY
EMERGENCY SERVICES
. J`�ty �on�M�ss�o^✓..
Chairman, Peter O'Bryan
Board of County Commissior,-
ISI NO CC-e4.,eDl
Witness
DATE November 1. 2022
€ PP11(-)VE=D AS TO FORM
A",ZD LEGAL SUF FICIENC
BY
COUNTY JV"'`'OR EY
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
Br (lt VYI.Qia-_
Deputy Clerk
Attachment A
Indian River County, Florida
Emergency Services District
Sixty (60) Day Notice of
Drug -Free Workplace Program
For Local 2201, IAFF Collective Bargaining Unit Employees
The District is committed to maintain a safe, healthy, and productive work environment for its employees;
to provide professional services for its citizens; to maintain the integrity and security of its equipment and
workplace; and to perform all these functions in a fashion consistent with the interests and concerns of the
community.
The District believes that there is potential for serious consequences to your employment security, and our
business, due to drug and alcohol use and/or abuse by employees, which has been shown to increase safety
risks and absenteeism while decreasing productivity and quality.
Pursuant to the District's philosophy and goals, it is codifying a Drug -Free Workplace Program to ensure
that we will have. a drug-free workplace. This program is intended to satisfy the Drug -Free Workplace
Program requirements set forth in 440.102, Florida Statutes, and Rule 59A, Florida Administrative Code.
It is the policy of the District that unlawful possession, use, being under the influence, consumption, sale,
purchase, distribution, dispensation, or manufacture by any employee of alcohol or any illegal drugs or
illegally obtained drugs in the workplace, on District premises, or within its facilities, in the conduct of
District -related work off District premises, or when operating District vehicles on or off duty is strictly
prohibited and will be grounds for immediate termination. Nor will the District permit any employee to
report to work or to perform his or her duties while taking prescription or non-prescription medication
which adversely affects the person's ability to safely and effectively perform his or her job duties.
Employees are required to notify supervisors of all such medication use. It is a condition of employment to
abide by the terms of this policy.
In furtherance of its Drug -Free Workplace Policy, the District will institute drug and alcohol testing
procedures beginning October 1, 1998. Under this testing program, special -risk and safety -sensitive
candidates for employment, as well as current employees under certain limited circumstances (i.e., for
cause, fitness for duty and post -accident), will be subject to alcohol and drug testing. A complete copy of
the District's Drug -Free Workplace Program will be provided to each employee and applicant in advance
of the program's commencement date.
It is the District's desire that individuals voluntarily address and resolve any drug and alcohol-related
problems on a confidential basis. Should an employee realize that he or she has developed a dependence
on drugs, alcohol, or any controlled substance, he or she is advised to seek rehabilitation voluntarily
(without disciplinary penalty), prior to any management action.
In order to provide an effective means of helping employees deal with drug/alcohol use and/or abuse, which
may be interfering with their job performance, the District has an Employee Assistance -Program (EAP)
provider, Health Advocate (EAP), which offers employees and their families substance abuse treatment and
rehabilitation services. Information on these services is available from the District at 567-8000, extension
225 at the Director's Office, Fire Chief at 562-2028, or the EMS Chief at 567-3160.
We would like to have the opportunity to answer any questions anyone might have prior to the effective
date of the program. If you would like to discuss the policy (on a confidential basis), please contact the Fire
Chief, or his or her designee, at any time.
We do appreciate your work on behalf of the District and ask your assistance in keep g tK orkplace free
of alcohol and drug-related problems. /�
Brown, County Administrator
.;
Policy Statement
To ensure a workplace free from the influence of illegal drugs and alcohol abuse, the following revised
policy has been established. As in the past, the policy applies to all employees, supervisors, and managers.
Any violation of the Policy will result in discipline, up to and including termination of employment.
The District is committed to providing a safe work environment for employees, guests, community, and the
public. The abuse of alcohol and drugs is a national problem which impairs the safety and health of
employees, promotes crime, and harms the community. In order to maintain the highest standards of morale,
productivity and safety in its operations, the District has previously implemented a drug and alcohol free
workplace policy. With the cooperation and assistance of its employees, the District will continue its
program designed to provide a safe workplace environment free from drugs and alcohol use and/or abuse.
The District recognizes that alcohol and drug dependency require medical supervision and treatment if there
is to be successful rehabilitation. The District's desire and intent is to encourage any employee with alcohol
or drug dependency to enter, voluntarily, a drug or alcohol rehabilitation program. It is the responsibility of
each employee to initiate and obtain assistance before any difficulties with drugs or alcohol affects his or
her work. Accordingly:
This policy satisfies the requirements of the Florida Drug -Free Workplace Program, as provided in Section
440. 101, et sec., Florida Statutes. This Drug -Free Workplace Policy and Work Rules require all employees
to be free from the influence of drugs and alcohol while working or while in District property. The use,
possession, sale, distribution, or manufacture of any drugs, and/or the unauthorized possession and/or use
of alcohol, while working or while on District property, is prohibited.
All special risk and safety sensitive job applicants will be tested for drugs prior to being employed. All
employees will be subject to drug and alcohol testing upon reasonable suspicion, as defined herein, and as
a follow-up to release from a rehabilitation program. All employees are encouraged to be aware of the
effects of, and to advise their supervisor when taking, prescription medication which may affect their
performance at work.
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Rules on Drugs and Alcohol
Employees of the District are hereby notified that it is a condition of employment for each
employee to refrain from reporting to work or working with the presence of drugs or alcohol in his
or her body.
It is not the intent of the District to intrude into the private lives of its employees. However, the effect of
drug and alcohol use, abuse, and/or dependency on safety, work quality, increased medical expenses, and
lost productivity requires that this policy be implemented. The following rules apply under the District
policy:
1.0 Pre -Employment Conditions
1.1 The following pre-employment conditions are established to determine the
suitability of employees to work for the District.
1.2 All job applicants must submit to a drug test prior to starting employment in that
position. Any job offer which a job applicant may receive from the District is
contingent upon the applicant successfully completing the drug test.
1.3 Any job applicant who refuses to submit to drug testing as part of the pre-
employment testing process will be refused employment. Any job applicant who
tests positive for drugs will be refused employment at that time. Confidentiality
will be maintained pursuant to this Policy.
1.4 The District will not discriminate against an applicant for employment because of
the applicant's past addiction to drugs or alcohol. It is the current use/abuse of drugs
or alcohol that will not be tolerated.
2.0 Conditions of Continuing Employment
2.1 Each employee will. receive a copy of the Drug -Free Workplace Policy and must
abide by the Policy. The rules contained in the Policy are to be considered
conditions of continuing employment and are to be consistently followed. Any
violation of these conditions of continuing employment will result in disciplinary
action, up to and including termination of employment.
3.0 Prohibition of Possession, etc.
3.1 The unlawful manufacture, distribution, dispensation, possess, sale, or use of any
drug or un prescribed, controlled substances and/or unauthorized possession or
usage of alcohol by employees while working or when on any District property,
including parking lots, are strictly prohibited.
4.0 Prohibition of Drug or Alcohol Use
4.1 All employees are prohibited from being at work or on District property, including
parking lots, with the presence of any drug or its metabolite, as set forth herein, in
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the employee's body. Any employee who has a confirmed positive test of a drug
or its metabolite at the levels defined herein will be presumed to be under the
influence of a drug and in violation of District Policy.
4.2 All employees are prohibited from being at work or on District property, including
parking lots, with the presence of alcohol, as set forth herein, in the employee's
body. Any employee who has a confirmed positive test of alcohol at the levels
defined herein will be presumed to be under the influence of alcohol and in
violation of District Policy.
5.0 Requirements to Report Medication Use
5.1 The District does not prohibit the use of a drug (prescribed medication) which has
a currently accepted medical use, provided:
(a) The drug is prescribed or authorized for an employee by a licensed practitioner;
and
(b) The use of the drug at the prescribed or authorized level is consistent with the
safe performance of the employee's duties; and
(c) The drug is used at the dosage prescribed or authorized.
5.2 Employees are encouraged to notify their immediate supervisor when reporting for
work or during the course of a work shift if the use of any prescription or non-
prescription medication may adversely affect his or her ability to satisfactorily and
safely perform his normal job duties (e.g., including but not limited to drowsiness).
Employees in safety sensitive or special risk positions are required to provide their
supervisor with such information.
6.0 Employee Drug and Alcohol Testing
6.1 Employees will be required to submit to drug and/or alcohol testing upon
reasonable suspicion as defined in this Policy and after release from a drug or
alcohol rehabilitation program unless the employee voluntarily entered the
program. If follow up testing is required, it must be conducted at least once a year
for a 2 -year period after completion of the program. Advance notice of a follow up
testing date must not be given to the employee to be tested.
6.2 Confidentiality will be maintained at all times to the extent permitted by law.
7.0 Employee Drug or Alcohol -Related Criminal Charges or Arrests
7.1 Employees are required to notify the District of any criminal drug statute -related
criminal charge of arrest no later than five (5) days after such charge has been filed.
Employees in positions which require driving a District vehicle on District
business must notify Personnel of any drug or alcohol-related arrest (e.g., including
but not limited to Driving While Under the Influence) on the next workday.
7.2 The District will take appropriate action with respect to an employee who is so
charged, which action may include transfer to a non safety sensitive or non special
risk position in alcohol-related cases or discipline in cases related to illegal drugs.
72
7.3 Employees are required to notify the Fire Chief, or his or her designee, of the
outcome of all criminal drug statutes or alcohol-related criminal charges no later
than five (5) days after any change in status of such charges. This includes
notification of a conviction, a plea of guilty, an adjudication of guilty, a plea of
nolo contendere, adjudication withheld, an acquittal, or a dismissal of the charges.
7.4 The District will take appropriate disciplinary action against such employee within
thirty (30) days of receiving notice of the outcome or any change in the status of
such criminal drug statutes or alcohol-related charges.
8.0 Rehabilitation Procedures
8.1 An employee who is experiencing problems as a result of drug and/or alcohol
abuse should contact the Fire Chief, or his or her designee, for referral for treatment
and/or counseling. This discussion will be kept confidential. Supervisory
personnel may be notified when treatment or rehabilitation will require absence
from work.
9.0 Employee Education and Referral Program
9.1 It is the responsibility of each employee to seek assistance before drugs and alcohol
use or abuse leads to disciplinary problems. Employees who may require
assistance for substance dependency and related program are encouraged to seek
assistance and information from the Fire Chief, or his or her designee.
9.2 Once a violation of this Policy occurs, subsequent use of a counseling or
rehabilitation program on a voluntary basis will not affect the determination of
appropriate disciplinary action.
9.3 An employee's decision to seek assistance or referral from the Fire Chief, or his or
her designee, prior to an incident warranting disciplinary action will not be used as
the basis for disciplinary action or in any disciplinary proceeding.
9.4 The District has no interest in restricting social drinking outside of working hours
and no intent to intrude upon private or personal lives of employees. The District
is concerned only when the employee's health, job performance, and safety
conditions are adversely affected.
9.5 Upon successful completion of a drug treatment program an employee may be
released to resume work but will be subject to drug testing as provided for in
Section 6. 1.
9.6 An employee's participation in an alcohol or drug treatment program will not be
made part of any personnel records and will remain confidential except to the
extent necessary to comply with this Policy and to the extent permitted by law.
Medical and insurance records, if any, will be preserved in the same confidential
manner as all other medical records. Treatment recommendation records and
compliance records will be maintained by the Fire Chief, or his or her designee.
73
10.0 Employee Education Information
10.1 The following crisis information centers will provide information regarding
employee assistance programs (EAP) and local alcohol and drug rehabilitation
programs available to employees:
Health Advocate (EAP)
877-240-6863
www.Health Advocate.com/members
Substance Abuse Council
1507 20th Street
Vero Beach, FL 32960
770-4811
Center for Emotional and Behavioral Health at Indian River Memorial Hospital
1190 37th Street
Vero Beach, FL 32960
563-4666
Community Oriented Police Enforcement (COPE)
4055 41st Avenue
Vero Beach, FL 32960
569-6700
C.O.R.E. Program
1422 Old Dixie Highway
Vero Beach, FL 32960
567-1282
Drugs Are Not the Answer (DANTA, Inc.)
4145 28th Avenue
Gifford, FL 32967
770-4663
Family Center of Vero Beach
1845 14th Avenue
Vero Beach, FL 32960
778-5523
Mental Health Association of Indian River and St. Lucie Counties
2525 St. Lucie Avenue
Vero Beach, FL 32960
569-9788
Alcoholics Anonymous (AA)
Al -Anon
Alateen
Adult Children of Alcoholics
Support Groups
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562-1114
562-1114
562-1114
567-2253
Narcotics Anonymous 1-800-281-9889
Cocaine Anonymous 1-800-877-7675
National Hotline Numbers
Alcohol and Drug Referral Hotline
1-800-252-6454
Child's Help, National Child Abuse Hotline
1-800-422-4453
National AIDS Hotline
1-800-342-2437
National Cocaine Hotline
1-800-262-2463
National Hepatitis Hotline
1-800-223-0179
National Runaway Switchboard and Suicide Hotline
1-800-6214000
National Sexually Transmitted Diseases Hotline
1-800-227-8922
Suicide and Rape 24 -Hour Emergency Services
1-800-333-4444
National Assistance Groups
Alcoholics Anonymous 1-800-344-2666
Food and Drug Administration 1-301-443-1240
Mothers Against Drunk Driving (MADD) 1-800-438-6233
Narcotics Anonymous 1-800-281-9889
National Association for Children of Alcoholics 1-714-499-3889
National Association of Anorexia Nervosa and Associated Disorders 1-312-831-3438
National Council of Child Abuse and Family Violence 1-800-222-2000
National Institute of Drug Abuse, Drug Information, Treatment 1-800-662-4357
Parents Anonymous National Office 1-800421-0353
Tough Love 1-800-333-1069
10.2 Employees may obtain further information regarding available drug and alcohol assistance
and rehabilitation programs by contacting the Fire Chief, or his or her designee.
11.0 Management's Responsibilities
11.1 District Officers, Managers, and Supervisors (hereafter collectively referred to as
"supervisors") are responsible for implementing the drug and alcohol free
workplace Policy. It is the responsibility of supervisors to observe the behavior of
employees on the job as a precaution against unstable or unreliable behavior which
could threaten the safety and well-being of employees or the public.
11.2 The Emergency Services Director Fire Chief, or his or her designee, is responsible
for maintaining a safe work environment by determining each employee's fitness
for duty.
11.3 In the event the Fire Chief, or his or her designee, has a reasonable suspicion (as
defined in this Policy) that an employee may be affected by drugs or alcohol or has
otherwise violated this Policy, the employee must be sent for drug testing. This
testing will not take place until reasonable suspicion is determined to be present
by the Director, or his or her designee, and a corroborating witness. The Director,
or the highest-ranking witness, shall promptly detail in writing the circumstances
which formed the basis of the determination that reasonable suspicion exists to
75
warrant the testing. A copy of this documentation shall be given to the employee
prior to testing.
11.4 In all cases when an employee is being removed from duty for drug testing, the
supervisor must notify his superior.
12.0 Employee's Responsibilities
12.1 It is each employee's responsibility to be fit for duty when reporting for work and
to inform his or her supervisor if he or she is under the influence of prescription
medication which may affect job performance or safety.
12.2 In the event an employee observes behavior which raises a doubt as to the ability
of a co-worker to work in a safe and reliable manner, the employee should report
this behavior to his/her supervisor.
12.3 Employees who voluntarily or, as a condition of continued employment, enter a
drug or alcohol treatment and/or rehabilitation program must participate and
complete recommended treatment. Any employee who enters a drug or alcohol
treatment and/or rehabilitation program will be responsible for payment for the
treatment and/or program to the extent not covered by medical insurance provided
by the Employer. If the employee fails to comply with the treatment and/or
program, the employee will be subject to discipline, up to and including
termination of employment.
12.4 Reserved
13.0 Employee Education
13.1 Employees and supervisors will be required to participate in a drug-free awareness program
on an annual basis. The program will inform employees about the following:
(a) The legal, social, physical, and emotional consequences of the use, misuse, and/or
abuse of drugs or alcohol;
(b) The District's commitment to maintain a drug-free workplace;
(c) Available drug counseling, rehabilitation, and employee assistance programs;
(d) Assistance in identifying personal and emotional problems which may result in the
misuse of alcohol or drugs; and
(e) The penalties which may be imposed by the District on employees for drug abuse
violations occurring in the workplace.
14.0 Rights Under Collective Bargaining Agreements
14.1 Employees who are covered under any collective bargaining agreement between the
District and any certified labor organization will have the right to file a grievance regarding
discipline imposed by the District as a result of a violation of this Policy if said grievance
is permitted to be filed pursuant to the collective bargaining agreement and have the right
to appeal to the Public Employees Relations Commission or applicable court.
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15.0 Testing Pursuant to the Drug -Free Workplace Policy
15.1 Types of Testing: In order to maintain a drug or alcohol -free work environment and in
accordance with Florida's Drug -Free Workplace Program, Section 440.101, et seq., Florida
Statutes, as amended, and applicable administrative regulations, the District will test for
the presence of drugs and/or alcohol in the following circumstances:
15.2 Pre-employment: All job applicants who have been offered a position of employment in a
safety -sensitive or special -risk positions must submit to a drug and/or alcohol test before
beginning employment or work with the District.
15.3 Reasonable Suspicion: Employees who are determined to be under reasonable suspicion of
drug or alcohol use (as defined in this policy) will be required to submit to a drug and/or
alcohol test.
15.4 Reserved
15.5 Follow up: All employees who have entered an employee assistance program (EAP) or
rehabilitation program for drug and/or alcohol abuse must take drug and/or alcohol tests as
identified in Section 9.5. This requirement may be waived in the sole discretion of the
District when an employee voluntarily enters a drug treatment program before disciplinary
action has been taken.
15.6 Post Accident or Injury: All employees who are involved in an accident or injury to an
employee which requires medical treatment occurring while at work which was caused, or
contributed to, by the employee, the employee must take a drug and/or alcohol test after
administration of emergency medical treatment. If it cannot be determined who was driving
the District vehicle at the time of the accident, then anyone who was in the vehicle during
the applicable time period will be required to submit to testing.
15.7 Random Testing for Safety -Sensitive or Special -Risk Employees: Safety -sensitive and
special -risk employees are subject to random testing such that the District will administer
the same number of tests each fiscal year as there are members in the Collective Bargaining
units or agreements. Random testing shall be conducted via an unbiased selection
procedure, as agreed upon by the parties.
16.0 Consequences of Refusing a Drug Test
16.1 An employee who refuses to submit to a drug test will be subject to discipline, up to and
including termination of employment. An employee who provides a diluted sample may,
depending upon the circumstances, be deemed to have refused to submit to the drug test.
16.2 A job applicant who refuses to submit to a drug test will not be hired.
17.0 Actions Following Positive Confirmed Test:
17.1 An employee who tests positive on a confirmation test will be immediately suspended
without pay, and subject to discipline, up to and including termination. If the problem is
correctable, the Fire Chief, at his discretion, may allow the employee an opportunity for
77
rehabilitation through a last -chance agreement. Any such last -chance agreement shall
include a provision for random drug testing for two (2) years from the date of the
agreement, and successful completion of any treatment program recommended by a
healthcare professional. The employee shall be responsible, through his insurance or
otherwise, for the cost of the random testing and treatment program. Under no
circumstances shall an employee be allowed to return to work prior to receiving a negative
test result.
17.2 Refusal of a last chance agreement: If an employee is offered an opportunity to enter into
a last -chance agreement and refuses to do so, the employee will be immediately terminated.
17.3 Treatment program requirements: Employees who have been provided with an opportunity
to enter into a treatment and/or rehabilitation program as part of a last -chance agreement
must meet all requirements of that program including any required aftercare. Failure to
follow or complete the treatment and/or rehabilitation program or a subsequent positive
confirmed drug test will result in immediate termination of employment.
17.4 The employee or job applicant who receives a positive confirmed test result may contest
or explain the result to the Medical Review Officer (MRO) within five (5) working days
after receiving written notification of the test result. If an employee's or job applicant's
explanation or challenge is unsatisfactory to the MRO, the MRO shall report a positive test
result back to the employer. The drug test result may be contested pursuant to law or to
rules adopted by the AHCA.
18.0 Reporting of Use of Medication: Employees and job applicants may confidentially report the use
of prescription or non-prescription medication to the MRO through the Fire Chief, or his or her
designee, both before and after having a drug test.
19.0 Notice of Common Medications: A list of the most common medications by brand name or
common name, as applicable, as well as chemical name, which may alter or affect a drug test, is
attached. Employees and job applicants should review this list prior to submitting to a drug test.
20.0 Medication Information: An employee or job applicant may consult with the Employer's MRO
or the testing laboratory for technical information regarding prescription and non-prescription
medication.
21.0 Drugs to be Tested
21.1 Drug testing may be required for any or all of the following drugs:
1. Alcohol, including distilled spirits, wine, beer, and intoxicating liquors;
2. Amphetamines;
3. Cannabinoids;
4. Cocaine;
5. Phencyclidine (PCP);
6. Hallucinogens, as approved by the Florida Administrative Code;
7. Methaqualone;
8. Opiates;
9. Barbiturates;
10. Benzodiazepines;
78
22.0
11. Synthetic narcotics (Methadone and Propoxyphene);
12. (intentionally left blank)
13. A metabolite of any of the substances listed herein.
21.2 Drug cut of levels -- Initial Drug Test: All levels equal to or exceeding the following shall
be reported as positive:
Alcohol
0.05 gl/d1%
Amphetamines
1,000 ng/ml
Cannabinoids
50 ng/ml
Cocaine
300 ng/ml
Phencyclidine
25 ng/ml
Methaqualone
300 ng/ml
Opiates
300 ng/ml
Barbiturates
300 ng/ml
Benzodiazepines
300 ng/ml
Synthetic Narcotics
300 ng/ml
Methadone
300 ng/ml
Propoxyphene
300 ng/ml
21.3 Drug cut off levels -- Confirmation Drug Test: All levels equal to or exceeding the
following shall be reported as positive:
Alcohol
0.05 gl/dl%*
Amphetamines
500 ng/ml
Cannabinoids
15 ng/ml
Cocaine
150 ng/ml
Phencyclidine
25 ng/ml
Methaqualone
150 ng/ml
Opiates
300 ng/ml
Barbiturates
150 ng/ml
Benzodiazepines
150 ng/ml
Synthetic Narcotics
150 ng/ml
Methadone
150 ng/ml
Propoxyphene
150 ng/ml
*Testing laboratories will report all quantitative alcohol test results above 0.05 % to the MRO who
will be responsible for reporting results to the Employer. Percent by weight of alcohol in blood is
based upon grams of alcohol per 100 milliliters of blood.
Reasonable Suspicion Drug Testing
22.1 Employees will be required to submit to drug and/or alcohol testing when the Fire Chief,
or his or her designee, has "reasonable suspicion" as defined in this Policy, to believe that
an employee is using or has used drugs or alcohol in violation of this Policy. The supervisor
will document the circumstances which formed his or her determination. A copy of this
documentation will be given to the employee prior to testing.
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23.0 Confidentiality and Records Maintenance
23.1 Confidentiality of records concerning drug testing pursuant to the Drug Free Workplace
Policy will be maintained by the District in accordance with Florida law. All information,
records, and drug test results in the possession of the District, laboratories, employee
assistance programs (EAP), and drug and alcohol rehabilitation programs will be kept
confidential. No such program's information or records will be released unless written
consent, signed by an employee or job applicant, is provided or unless disclosure of such
information or records is compelled by court order. The District may also disclose such
information when relevant in any civil, disciplinary, or administrative hearing if required
or compelled. The District will maintain records concerning drug testing separate and apart
from a job applicant or employee's personnel file.
24.0 Challenge of Test Results of Drug Test Under Florida Law
24.1 An employee or job applicant who receives a positive confirmed test result may challenge
the result by requesting retesting at the employee's expense.
25.0 Medical Review Officer's Responsibilities for Testing Under Florida Law
25.1 The Medical Review Officer (MRO) shall fully comply with all of the requirements set
forth in Rule 59A-24.008 Florida Administrative Code, as it may from time to time be
amended. The MRO shall be a licensed physician who has knowledge of substance abuse
disorders, laboratory testing procedures, chain of custody collection procedures, and
medical use of prescription drugs and pharmacology and toxicology of illicit drugs.
Indian River County Emergency Services District
Over -the -Counter and Prescription Drugs Which Could Alter
Or Affect the Outcome of a Drug Test
Alcohol
All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an
example, Vick's NyQuil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold
Formula Night Strength is 25% (50 proof), and Listerine is 26.9% (54 proof).
Amphetamines
Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex
Cannabinoids
Marinol (Dronabinol, THC)
Cocaine
Cocaine HCL topical solution (Roxanne)
Phencyclidine
Not legal by prescription
Methaqualone
Not legal by prescription
fates
Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP
with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine
Expectorant, Dilaudid (Hydromorphone), M -S Contin and Roxanol (morphine sulfate), Percodan, Vicodin,
etc.
Barbiturates
Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral,
Butabarbital, Butabital, Phrenilin, Triad, etc.
Benzodiazepines
Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran,
Halcion, Paxipam, Restoril, Centrax
Methadone
Dolophine, Methadose
Propoxyphene
Darvocet, Darvon N, Dolene, etc.
81
Indian River County Emergency Services District
List of Drugs by Trade or Common Name
Drugs Trade or Common Names
Narcotics
Opium Dover's Powder, Paregoric, Parepectolin
Morphon Morphine, Pectoral Syrup
Codeine Tylenol with Codeine, Empirin Compound with Codeine, Robitussin A -C
Heroin Diacetylmorphone, Horse, Smack
Hydromorphine Dilaudid
Meperidine (Pethidine) Demerol, Mepergan
Methadone Dolophine, Methadone, Methadose
Other Narcotics LRAM, Leritine, Numorphan, Percodan, Tussionex, Fentanyl, Darvon,
Talwin, Lomotil
Depressants
Chloral Hydrate Noctec, Somnos
Barbiturates Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate
Benzodiazepines Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax,
Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril
Methaqualone Quaalude
Glutethimide Doriden
Other Depressants Equanil, Miltown, Noludar, Pacidyl, Valmid
Stimulants
Cocaine Coke, Flake, Snow, Crack
Amphetamines Biphetamine, Delcobese, Desoxyn, Dexedrine, Mediatric
Phenmetrazine Preludin
Methylphenidate Ritalin
Other Stimulants Adipex, Bacarate, Cylert, Didrex, Ionamin, Plegine, Pre -Sate, Sanorex,
Tenuate, Tepanil, Voranil
Hallucinogens
LSD Acid, Microdot
Mescaline and Peyote Mesc, Buttons, Cactus
Amphetamine Variants 2,5 -DMA, PMA, STP, MDA, MDMA, TMA, DOM, DOB
Phencyclidine PDP, Angel Dust, Hog
Phencyclidine Analogs PCE, PCP, TCP
Other Hallucinogens Bufotenine, Ibogaine, DMT, DET, Psilocybin
Cannabis
Marijuana Pot, Acapulco Gold, Grass, Reefer, Sinsemilla, Thai Sticks
Tetrahydrocannabinol THC
Hashish Hash
Hashish Oil Hash Oil
Definitions
Alcohol means ethyl alcohol (ethanol) and includes a distilled spirit, wine, a malt beverage or an
intoxicating liquor. For purposes of this policy, alcohol is considered to be a drug. Thus, any
reference to drugs and/or drug testing includes alcohol and/or alcohol testing.
2. Drugs means alcohol, an amphetamine, a cannabinoid, cocaine, phencyclidine (PCP), a
hallucinogen (as earlier identified in Section 21.1), methaqualone, an opiate, a barbiturate, a
benzodiazepine, a synthetic narcotic, or a metabolite of any of the substances listed in this policy.
An employer may test an individual for any or all of such drugs.
Job Applicant means a person who has applied for a special -risk or safety -sensitive position with
the Employer.
4. Employee means an individual who works for the Employer on a full-time or part-time basis and
receives salary, wages, or compensation.
Drug Test.
a. "Drug test' means any chemical, biological, or physical instrumental analysis administered by
a laboratory certified by the United States Department of Health and Human Services (HHS)
or licensed by the Agency for Health Care Administration (AHCA), for the purpose of
determining the presence or absence of a drug or its metabolites.
b. Drug testing may require the collection of blood, urine, breath, or saliva of an employee or job
applicant. The Employer has the right to use more accurate, scientifically accepted methods
which may be approved in the future by the FDA or AHCA as such technology becomes
available in a cost-effective method.
c. "Initial drug test' means a sensitive, rapid, and reliable procedure to identify negative and
presumptive positive specimens, using an immunoassay procedure or an equivalent, or a more
accurate scientifically accepted method approved by the FDA or AHCA as such more accurate
technology becomes available in a cost-effective form.
d. "Chain of custody" refers to the methodology of tracking specified materials or substances for
the purpose of maintaining control and accountability from initial collection to final disposition
for all such materials or substances and providing accountability at each stage in handling,
testing, and storing specimens and reporting test results.
e. "Confirmation test' means a second analytical procedure used to identify the presence of a
specific drug or metabolite in a specimen, which test must be different in scientific principle
from that of the initial test procedure and must be capable of providing requisite specificity,
sensitivity, and quantitative accuracy.
6. Positive Confirmed Test or Confirmation Test means a second analytical procedure which
confirms a positive result from an initial drug test in accordance with the Florida Drug -Free
Workplace.
7. Medical Review Officer (MRO) means a licensed physician who has knowledge of substance
abuse disorders, laboratory testing procedures and chain of custody collection procedures, who is
responsible for receiving and reviewing all positive confirmed test results, and who is responsible
for contacting all individuals who tested positive in a confirmation test to inquire about possible
medications which could have caused a positive result in accordance with Rule 59A-24.008, FAC.
:'
Prescription or Non -Prescription Medication means a medication obtained pursuant to a
prescription as defined by Section 893.02, FS, or a medication that is authorized pursuant to federal
or state law for general distribution and use without a prescription in the treatment of human
diseases, ailments or injuries.
9. Reasonable Suspicion Drug Testing means drug testing based on a belief that an employee is
using or has used drugs in violation of this policy drawn from specific objective and articulable
facts and reasonable inferences drawn from those facts in light of experience. Among other things,
such facts and inferences may be based upon:
a. Observable phenomena while at work, such as direct observation of drug use or the
physical symptoms or manifestations of being under the influence of a drug.
b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work
performance.
C. A report of drug use, provided by a reliable and credible source.
d. Evidence that an individual has tampered with drug test during his employment with the
current employer.
e. Information that an employee has caused, or contributed to, an accident while at work.
f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while
working or while on the employer's premises or while operating the employer's vehicle,
machinery, or equipment.
10. Safety -Sensitive Position means, with respect to a public employer, a position in which a drug
impairment constitutes an immediate and direct threat to public health or safety, such as a position
that requires the employee to carry a firearm, perform life-threatening procedures, work with
confidential information or documents pertaining to criminal investigations, or work with
controlled substances; a position subject to s. 110.1127; or a position in which a momentary lapse
in attention could result in injury or death to another person, such as driving a vehicle or operating
equipment or heavy machinery.
11. Special -Risk Position means, with respect to a public employer, a position that is required to be
filled by a person who is certified under Chapter 633 or Chapter 943.
12. Specimen means urine, blood or saliva, or a product of the human body capable of revealing the
presence of drugs or their metabolites, as approved by the FDA or the AHCA.
13. Fire Chief's designee means the Fire or EMS Chief is designated to act on behalf of the Fire Chief
as relates to the Drug -Free Workplace Program, to the extent authorized by the Chief.
84
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