Common use of Engage Clause in Contracts

Engage. 1 5.5 While on a medical leave of absence without pay, while on sick leave, or while 2 receiving Workers' Compensation payments, employees shall not function as 3 FOP representatives. 4 5.6 The investigation, handling or adjustment of grievances shall be conducted by 5 employees and/or FOP representatives during non-working hours. Management, 6 at its discretion, may conduct a grievance hearing, at any step of the grievance 7 procedure, during working hours. 8 5.7 Up to three (3) employees in any one (1) instance who are members of the FOP 9 may be granted time off by the Chief of Police or designee to attend FOP 10 business without loss of straight time pay or benefits by using pool time, 11 provided: 12 A. A written request for use of FOP Pool Time is submitted to the employee's 13 supervisor in advance of time off. It is further provided that as much 14 notice as possible must be given in order to use pool time. 15 B. The Chief of Police shall have the right to restrict the number of persons 16 off for FOP Pool Time to a single individual when an emergency condition 17 exists or staffing on shift is such that time off from work would create a 18 clear and present danger to public safety. This provision authorizes the 19 Chief of Police not only to refuse FOP Pool Time, but to revoke previously 20 authorized time off for FOP business, except for a single individual, when 21 an emergency condition exists and/or such time off from regular 22 assignments would create a clear and present danger to public safety. 23 C. The City shall donate 200 work hours to the FOP Time Pool each fiscal 24 year to be used only in accordance with paragraph 5.11 and in conducting 25 business for City of Gainesville FOP members. These hours shall not 26 carry over from one year to the next. 27 5.8 It shall be the FOP's responsibility to supply to the City an FOP Time Pool 28 Authorization form which includes the name of the employee and the hours of 29 vacation time donated by the employee to the pool on a form supplied by the 30 City. The form must be signed by the employee donating time. Time donations 31 may be made each April 1 and October 1 and shall be in increments of not less 1 than three (3) hours nor more than forty-eight (48) hours. Time pool hours may 2 be drawn upon at the discretion of the FOP in increments of at least one (1) 3 hour. 4 5.9 Charges against the FOP Business Time Pool shall only be made when signed 5 by the Chair, Executive Vice Chair or Membership Vice Chair of the FOP. If the 6 FOP Time Pool shall become depleted, anyone engaging in FOP activities 7 during his/her working hours shall do so without pay, unless otherwise provided 8 in this Agreement. 9 5.10 A record of all time donated and drawn against the above pool shall be kept by 10 the Police Department and the FOP. The FOP shall indemnify, defend and hold 11 the City harmless against any and all claims made and against any suits 12 instituted against the City on account of the City complying with any of the 13 provisions of this Article. 14 5.11 An FOP representative shall be granted pool time to attend public budget 15 hearings or resolution of impasse hearings before the City Commission and 16 State Board meetings of the Fraternal Order of Police. 17 5.12 Any employee-donated hours will be used before City-donated hours and may 18 be carried over from year to year. 19 5.13 The FOP may, at its own expense, place one bulletin board at a mutually agreed 20 upon location, not to exceed approximately four feet (4') by three feet (3') in size 21 for the following notices only: 22 A. FOP literature; 23 B. Notices of FOP meetings; 24 C. FOP elections; 25 D. Reports of FOP Committees; 26 E. Recreational and social affairs of the FOP; 27 F. Notices by Public bodies; and 28 G. Other written material which first has been submitted in accordance with 29 paragraph 5.14 below. 1 Additionally, the City will allow posting to an electronic bulletin board on the 2 Gainesville Police Department’s intranet, via the Office of the Chief of Police, for 3 the same notices as above. 4 5.14 Prior to posting, copies of all material described in Section 5.13 shall be signed 5 by an elected officer of the FOP and submitted to the Human Resources Director 6 or designee for his/her signature. Any materials which are not in conformance to 7 this Article may be removed from the physical bulletin board or not posted to the 8 electronic bulletin board, at the discretion of the City. All material being posted 9 shall be sent to the Chief of Police or his designee at the same time as it is sent 10 to Human Resources. 11 5.15 No material, notices or announcements shall be posted which contain anything 12 political, controversial or anything adversely reflecting upon the City, any of its 13 employees, or any labor organization among its employees. No materials, 14 notices or announcements which violate the provisions of this Article shall be