CITY COUNCIL AGENDA ITEM
Memo Date: September 23, 2024
Agenda Date: September 24, 2024
Prepared By: Tammy B. Gemmati, Administrative Services Director
Through: Stockton Whitten, City Manager
Requested Action:
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Approve a three-year contract between the City of Cocoa and the Coastal Florida Police Benevolent Association (CFPBA) for the contract term of October 1, 2024 through September 30, 2027, contingent on a passing ratification vote with CFPBA.End
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BACKGROUND:
The City of Cocoa and Central Florida Police Benevolent Association (CFPBA) Union have renegotiated a new three-year term agreement of October 1, 2024 through September 30, 2027. This agreement includes the classifications of Police Officers, Police Sergeants, and Dispatch/Communication Officers. The negotiation team for the City included: City Manager Stockton Whitten, Police Chief Evander Collier, Police Commanders Pat Dovale and Anthony Marchica, Finance Director Rebecca Bowman, and Administrative Services Director Tammy Gemmati, who also served as Chief Negotiator for the City. There were eight negotiation sessions held between the parties. On September 19, 2024, the City and CFPBA Union tentatively approved the contract and the union is holding their ratification vote over multiple shifts, September 21 and 23. The ratification vote results are not available as this agenda item is being prepared. The vote results will be made available at the Council meeting.
Since this was a complete contract negotiation, there were many changes made, some administrative in nature with little impact. Highlights of the contract modifications include:
Article 4 - Management Rights
• Article now matches management rights outlined in Florida Statute 447.209 Public Employer’s Rights.
Article 6 - PBA Business
• Clean-up language
Article 7 - Promotions
• This article will be reopened during Fiscal Year 2026 to negotiate possible changes to the Police Sergeant’s promotion process.
• Promotion to Police Sergeant now requires three years of Sworn Officer experience, with at least two continuous years with City of Cocoa.
Article 8 - Assignments and Transfers
• Patrol shift bids will now be done annually versus semi-annually. Employees with less than three years of service will be done on a separate bid to help balance shifts. Employees in Specialty units may be reassigned to ensure proper shift coverage and staffing levels of squads.
• Communication Officers will also do shift bids annually by seniority with Leads having a separate shift bid.
• Other changes that will be made as part of a policy in General Order 510, which governs assignments and transfers.
• Removed any reference to Corporals since we no longer have this assignment.
Article 9 - Personnel Records
• The investigation language in Section 3 was moved to Article 12 - Internal Investigations.
Article 10 - Seniority
• Assignment language in Section 2 was removed, as this language does not apply to this Article.
Article 12 - Internal Investigation
• Language from Article 9 - Personnel Records was moved to both Section 1 and 2 to state that employees under investigation shall receive a copy of the investigation documents at no cost.
Article 13 - Grievance Procedure
• Grievance meetings shall be held during the employee’s normal work hours unless otherwise requested. If the manager requests the meeting to be held outside of the regular scheduled hours then the employee will be compensated or the management can also request the employee to flex their scheduled hours.
• Added an Informal Step to the grievance process to help the employee and supervisor resolve the issue early on before it is an official grievance.
• Incomplete grievances can be returned by the City and the employee will have one day to correct the deficiencies.
Article 14 - Disciplinary Action
• For progressive discipline purposes, verbal reprimands can be used for 18 months, written reprimands for two years, and suspensions were increased to five years.
• Added due process language to document process of a hearing when discipline has been recommended, prior to the discipline being implemented.
Article 16 - Pension
• Amending pension plan to allow for an eight-year Deferred Retirement Option Plan (DROP) for current or future DROP participants.
• Amending pension plan to provide a service incurred disability retirement benefit if the disability occurs as a result of an active shooter or mass killing.
• These changes will come back to City Council in the form of an ordinance after it is drafted by pension attorneys.
Article 17 - Working out of Classification
• Working out of Classification pay will now be given when the duration is for four hours or more instead of a full shift.
Article 19 - Bereavement Leave
• Changes were made to the time-off procedures related to bereavement.
Article 22 - Hours of Work and Overtime
• Proposed changes to Patrol or CID shift schedules require at least twenty calendar days’ notice from management.
• Sick Leave will no longer count as hours worked when used with mandatory overtime.
• Standby pay will include only CID, SIU, and THI units.
• Special Detail notices will be provided to the rank and file unit 12-hours in advance prior of being made available to anyone above the rank of Lieutenant, unless the special detail needs to be filled within three calendar days.
Article 26 - Holidays
• The birthday holiday is equivalent to the number of hours scheduled for that day in the pay period. The birthday holiday must be taken in a full day increment.
Article 28 - Wages
• FY25: 4% wage increase, with increased pay grades minimums and maximums of pay plan by 3%.
• FY26: 8% wage increase, with increased pay grades minimums and maximums of pay plan by 7%.
• FY27: 8% wage increase, with increased pay grades minimums and maximums of pay plan by 7%.
• Members must be hired by March 31 of the Fiscal Year to receive the full increase the ensuring Fiscal Year or they will be brought to the new pay grade minimum.
• Field Training and Dispatch Training Officers will now receive an add pay in addition to the 5% received when training.
• Bi-lingual Spanish employees will now receive an add pay once they pass a proficiency test.
Article 29 - Rules and Regulations
• CFPBA shall be provided an opportunity to impact bargain changes to policies, with identifying the impacts, prior to the twenty calendar days of the proposed effective date of such action.
Article 30 - Liability/Accident
• The take-home vehicle language was removed, as it is not necessary to have in contract.
Article 32 - Assignment During Disability
• While in light duty assignment, employees may attend previously approved training at the discretion of the Chief or Designee on a case-by-case basis as long as there is no conflict with physician orders.
Article 35 - On-the-Job Injury
• Section 4 language was revised to state the employee will be compensated in accordance with Florida statute after the City’s paid benefit period has ended.
• Grievance waiver for Workers’ Compensation benefits.
Article 36 - Performance Evaluations
• Performance evaluations shall not reference any prior discipline unless the discipline occurred during the performance period. An exception to this would be if the discipline is progressive discipline and it is necessary to show a pattern.
Article 37 - Duration
• Three-year term through September 30, 2027 with reopeners as specified in:
o Article 7: Promotions
o Article 16: Pension
o Article 28: Wages
STRATEGIC PLAN CONNECTION:
Public Safety/Community Standards
BUDGETARY IMPACT:
Budgeted Yes
The budgetary impact of this three-year contract renewal is illustrated in Article 28: Wages - The wage increases have been built into the FY25 Budget.
PREVIOUS ACTION:
At a regular City Council Meeting on September 14, 2021, Council approved a three-year contract between the City of Cocoa and the Coastal Florida Police Benevolent Association (PBA) for the contract term of October 1, 2021 through September 30, 2024.
At a regular City Council Meeting on September 12, 2023, Council approved a Memorandum of Understanding between the City of Cocoa and the Coastal Florida Police Benevolent Association (PBA) amending the contract of October 1, 2021 through September 30, 2024, Article 28 Wages for Fiscal Year 2024.
RECOMMENDED MOTION:
Recommendation
Approve a three-year contract between the City of Cocoa and the Coastal Florida Police Benevolent Association (PBA) for the contract term of October 1, 2024 through September 30, 2027.