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Attachments
This Memorandum of Agreement is made by and
between Florida Public Employees Council 79, AFSCME, AFL-CIO, hereinafter
referred to as “AFSCME,” as the certified collective
bargaining agent for Family Safety employees described by this agreement
as Family Services Counselors and Child Protective Investigators
who are employed with the Department of Children and Family Services,
hereinafter referred to as “DCF,” and the Governor of
the State of Florida, as the statutory public employer:
WHEREAS, the 2003 Legislature has appropriated
certain funds to provide a pay adjustment to the base level of pay
for child welfare front-line workers following submission of the
DCF’s Plan entitled “THE PERFORMANCE PATH TO EXCELLENCE
RECRUITMENT AND RETENTION PLAN FOR FRONTLINE CHILD WELFARE PROFESSIONALS,”
hereinafter referred to as, “Plan,” for the expenditure
of the funds pursuant to Specific Item 268A, of the General Appropriations
Act for Fiscal Year 2003-04; and,
WHEREAS, the parties to this Agreement wish
to distribute those funds to family services counselors and child
protective investigators as expeditiously as is practicable;
NOW THEREFORE, the parties stipulate and agree as follows:
1. IMPLEMENTATION
OF PLAN.
The parties acknowledge that DCF has developed
an implementation plan for allocating base level of pay increases
among employees with Job Levels of Family Services Counselors and
Child Protective Investigators employed at DCF who are members of
the AFSCME professional bargaining unit. A copy of that plan is
attached hereto as Attachment A. Without waiving the future right
to engage in more deliberative bargaining, AFSCME agrees with the
State that DCF’s implementation plan should be put into immediate
effect, except for the qualifications set forth in this agreement.
2. PLAN ELEMENTS
/ PAY LEVELS.
A. The parties agree that family services
counselors and child protective investigators covered by the AFSCME
professional bargaining unit shall be categorized under the Plan
into the following Job Levels: Family Services Counselor I; Family
Services Counselor II; Child Protective Investigator I; and, Child
Protective Investigator II. Each family services counselor or
child protective investigator shall be placed in the appropriate
Job Level based on their assigned duties and responsibilities
in accordance with the Step One section of the Plan in Attachment
A, and as implemented pursuant to the instructions contained in
Attachment C. Within the Job Level, each family services counselor
or child protective investigator shall be further categorized
under the Plan according to Work Levels which reflect experience
and competence as follows: Entry Level; Gaining Proficiency Level;
Fully Capable Level; Advanced Level; and, Expert Level. Each family
services counselor or child protective investigator shall have
his or her Work Level for the Job Level determined as a result
of their supervisor’s mapping and the employee’s self
mapping process contained in Steps Two and Three and Final Authority
sections of the Plan in Attachment A.
B. The parties agree that the determination
of Work Level under the Plan contained the following mandatory
steps, intended to be applied in the mapping process:
i. Each immediate supervisor who made a
recommendation for Work Levels for employees covered by this
agreement was acquainted with the Plan’s Employee Analysis
and Mapping process and the application of the process.
ii. Each employee was rated and received
a recommended Work Level from their immediate supervisor in
accordance with the Plan’s Employee Analysis and Mapping
process instructions set forth in Attachment C.
iii. Each employee rated his or her own
Work Level in accordance with the Plan’s Employee Analysis
and Mapping process instructions set forth in Attachment C.
iv. In instances where the employee and the immediate supervisor
differed as to the immediate supervisor’s recommended
Work Level, the two had a meeting to discuss and finalize the
employee’s map and the employee had an opportunity to
submit written information to be considered by the District
Review Team.
v. The District Review Team as constituted
under the Plan, reviewed both the recommended Work Level agreed
upon between the immediate supervisor and the employee, and
the Work Level recommendations where the immediate supervisor
and the employee differed. In both cases, the District Review
Team had the recommendation of the immediate supervisor and
the concerns and written information submitted by the employee.
The District Review Team made a final recommendation as to Work
Level to the District Administrator or Regional Director, who
gave final approval.
The criteria underlying these mandatory steps,
set forth in Attachments A and C, may also be applied where employees
qualify for review under Section 4(B) of this agreement.
3. EFFECTIVE DATE
/ MINIMUM INCREASE.
All family services counselors and child protective investigators
employed on July 1, 2003 or hired after that date shall have their
salaries adjusted to the Job Level and Work Levels listed in Attachment
B, effective July 1, 2003 or on their subsequent hire date. Each
family services counselor and child protective investigator shall
receive a minimum of a $500 annual increase, or the lesser amount
necessary to bring the employee’s annual salary to no greater
than $500 above the annual base salary for their Job Level and Work
Level. Any family services counselor and child protective investigator
whose salary is greater than $500 above the annual base salary for
their Job Level and Work Level shall remain the same. The pay increase
approved by the 2003 Legislature that will be effective on December
1, 2003, shall be based upon the pay instructions issued by the
Department of Management Services and the new base salaries established
under the Plan and this Agreement. Should DCF identify additional
funds allocated for family services counselors and child protective
investigators by the Legislature or as a consequence of legislative
funding in excess of the amounts reflected in this Agreement, DCF
will notify AFSCME within two (2) weeks and the parties will negotiate
the distribution of the funds.
4. DISTRICT APPEAL
REVIEW TEAM
A. It is anticipated that the Plan procedures
have already been followed with respect to the family services
counselors and child protective investigators in the professional
bargaining unit. Each family services counselor and child protective
investigator shall be informed by their immediate supervisor of
the Job Level and Work Level that has been assigned under the
Plan, by being given a copy of Attachment D, to this Agreement,
with Section 1 completed, and dated by the supervisor on the date
of delivery. Within 5 workdays of receiving such information,
an employee may request review by the District Appeal Review Team
of the Job Level and/or Work Level determined by the mapping process
contained in Steps One and Two of employee analysis and mapping
section of the Plan in Attachment A, Part I, and the instructions
as expressed in Attachment C, if the request for review falls
within the criteria described in paragraph B, below. Such request
for review shall be made by completing Section 2 of Attachment
D, and delivering or faxing a copy of it, signed and dated on
the date of delivery or fax, to the District Administrator or
Regional Director.
B. Only those employees who meet the following
criteria are entitled to review under this agreement:
i. The employee did not have an opportunity
to map himself or herself and meet with their immediate supervisor
to discuss and finalize their mapping process and/or had no
opportunity to submit written information and disagrees with
the Job Level and/or Work Level assigned under the Plan.
ii. The employee requested the immediate
supervisor’s mapping be reviewed by the District Review
Team, or the District Review Team or higher authority changed
the mapping of the immediate supervisor, and the employee disagrees
with the Job Level and/or Work Level assigned under the Plan.
iii. The employee is a new employee who
did not have an effective opportunity to participate in the
Plan and disagrees with the Job Level and/or Work Level assigned
under the Plan.
C. The employee’s request for review
shall include all written information to be considered by the
District Appeal Review Team. The District Appeal Review Team will
meet to review the employee’s map and address any concerns
raised by the employee regarding the mapping process and shall
render a decision in writing within 10 workdays following receipt
of the request for review. The deliberations of the District Appeal
Review Team will be open and will be conducted during working
hours. There shall be no burden of proof imposed upon either the
State or the employer. Rather, the District Appeal Review Team
shall focus upon whether a correct assessment was made, and, if
not, upon making a correct assessment. The District Appeal Review
Team shall consider the performance indicators, technical competencies,
core competencies, performance evaluation, education, and recommended
level of work categories set forth by the immediate supervisor
and the employee in the mapping process, and all information received
under the Plan or as part of the review. The decision of the District
Appeal Review Team shall be forwarded to the District Administrator
or Region Director for implementation.
D. The District Appeal Review Team shall be
composed of five members and include the Family Safety Program
Administrator or designee, the Operations Program Administrator/Program
Operations Administrator or designee over the employee’s
work unit, two family services counselors and/or child protective
investigators designated by AFSCME and a fifth member, who shall
be a District employee, selected by the four other members. If
the District Appeal Review Team cannot agree on the fifth member,
each of the four members will identify two employees of the District.
The members will draw numbers to establish an order from 1 to
4. The members will then take turns, number 1 being first to strike
names from the list until one name remains, and that employee
will serve as the fifth member.
E. There shall be no retaliation or other
reprisals against any employees who file requests for review by
the District Appeal Review Team, pursuant to Section 4 herein,
by reason of such requests, and there shall be no retaliation
or other reprisal against any member of the District Appeal Review
Team by reason of such participation, by AFSCME, DCF or the State.
5. ASSIGNMENTS
— TRANSFERS.
The base annual salary rate for assignments
or transfers to family services counselor and child protective investigator
bargaining unit positions will be set in accordance with the Plan
and this agreement. When an immediate supervisor permanently assigns
an employee the duties and responsibilities of a higher Job Level,
the employee shall have the Job Level and Work Level newly assessed
under the Plan and this Agreement.
6. LUMP SUM BONUS.
All family services counselors who provide direct services to children
and are employed in good standing on the Department’s payroll
on the last workday prior to the transition of the employee’s
position to community-based care, or employed on the Department’s
payroll on June 30, 2004, shall each receive a lump sum bonus payment
of at least $1,000.
7. RATIFICATION.
Florida Public Employees Council 79 shall submit this agreement
for ratification by its membership as quickly as practicable. The
State and DCF shall assist AFSCME by posting this agreement through
a link on its Intranet, and by providing computer access in state
facilities to accommodate Internet voting by employees at their
work sites. Upon ratification, this Memorandum of Agreement will
supercede the prior Memorandum of Agreement between the parties,
dated October 22, 1998, which related to the affected employees.
IN WITNESS HEREOF THIS AGREEMENT IS EXECUTED
BY THE PARTIES on the dates set forth below.
APPROVED FOR FLORIDA PUBLIC EMPLOYEES COUNCIL 79,
AFSCME, AFL-CIO
_________________________________ _____________
JEANETTE D. WYNN, PRESIDENT
APPROVED FOR THE STATE OF FLORIDA,
JEB BUSH, GOVERNOR
_________________________________ _____________
MICHAEL MATTIMORE, CHIEF NEGOTIATOR
APPROVED FOR THE DEPARTMENT OF CHILDREN
AND FAMILY SERVICES
_________________________________ _____________
BEN HARRIS, DEPUTY SECRETARY FOR OPERATIONS
AND TECHNOLOGY
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