R25-256 RESOLUTION NO. R25-256
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING THE COLLECTIVE BARGAINING
3 AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY POUCE
4 BENEVOLENT ASSOCIATION FOR POUCE CAPTAINS, EFFECTIVE
5 OCTOBER 1, 2025, THROUGH SEPTEMBER 30, 2028; AND FOR ALL
6 OTHER PURPOSES.
7
8 WHEREAS, the City and the Palm Beach County Police Benevolent Association ("Union")
9 have successfully concluded negotiations and desire to enter into a Collective Bargaining
10 Agreement; and
11 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
12 best interests of the City's citizens and residents to approve the Collective Bargaining Agreement
13 between the City and Palm Beach County Police Benevolent Association for Police Captains,
14 effective October 1, 2025, through September 30, 2028.
15
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
17 BEACH, FLORIDA, THAT:
18 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
19 being true and correct and are hereby made a specific part of this Resolution upon adoption.
20 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
21 approve the Collective Bargaining Agreement between the City and Palm Beach County Police
22 Benevolent Association for Police Captains, effective October 1, 2025, through September 30,
23 2028 (the "Agreement"), in form and substance similar to that attached as Exhibit A.
24 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
25 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
26 ancillary documents required under the Agreement or necessary to accomplish the purposes of
27 the Agreement, including any term extensions as provided in the Agreement, provided such
28 documents do not modify the financial terms or material terms.
29 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record
30 of the City. A copy of the fully executed Agreement shall be provided to Dom Hobbs to forward
31 to the Union.
RESOLUTION NO. R25-256
32 SECTION 5. This Resolution shall take effect in accordance with the law.
33 [SIGNATURES ON THE FOLLOWING PAGE]
34
RESOLUTION NO. R25-256 1
35 PASSED AND ADOPTED this ` day of Dckber 2025.
36 CITY OF BOYNTON BEACH, FLORIDA
37 YES . NO
38 Mayor- Rebecca Shelton ,/
39
40 Vice Mayor-Woodrow L. Hay
41 t -
42 Commissioner-Angela Cruz
43 ✓
44 Commissioner-Thomas Turkin
45 I/
46 Commissioner-Aimee Kelley
47
48 VOTO
49 , A ES .
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52 Maylee sus, MPA, M Rebecca Shelton
53 CityClerk Mayor
54
55 `�N APPROVED AS TO FORM:
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AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
POLICE CAPTAINS
OCTOBER 1, 2025 -SEPTEMBER 30, 2028
PBA Captains—10/01/2025—09/30/2028
TABLE OF CONTENTS
ARTICLE PAGE NO
1 Preamble 1
2 Recognition and Notice 2
3 Non-Discrimination 3
4 Dues Deduction 5
5 Union Business 6
6 Bulletin Board 7
7 Assignment Pay 8
8 Vacancies and Probation 9
9 Management Rights 10
10 Hours of Work and Overtime 11
11 Wages 13
12 Seniority 14
13 Additional Monetary Benefits 15
14 Uniforms 18
15 Annual Occupational Fitness Evaluations 19
16 Group Insurance 21
17 Leaves 23
18 Holiday Pay 27
19 Funeral Expenses 29
20 Training 30
21 Reproduction 31
22 Personnel Records 32
23 Legal Action 33
24 Discipline 34
25 Appeals of Disciplinary Action 36
26 Grievance and Arbitration Procedure 38
27 Personal Vehicles 41
28 Drug Testing 42
29 Reserved (no content) 43
30 Complete Agreement and Non-Waiver Provision 44
31 Severability 45
32 Duration 46
33 Take Home Vehicles 47
34 Off-Duty Details 49
35 Pension 51
36 No Strike or Lock Out 52
37 Workers'Compensation and Leaves of Absence 53
38 Qualifications for a Bargaining Unit Position 57
Addendum "A"—Drug Free Workplace 58
Addendum "B"—Tuition Assistance Program 61
PBA Captains—10/01/2025—09/30/2028
ARTICLE 1
PREAMBLE
This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City"
and the Palm Beach County Police Benevolent Association, Inc., located in West Palm Beach, Florida,
hereinafter referred to as the "PBA" for the purpose of setting forth the Parties' Agreements regarding
rights, wages, hours, terms and conditions of employment, and benefits.
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ARTICLE 2
RECOGNITION AND NOTICE
The City recognizes the Palm Beach County Police Benevolent Association ("PBA") as the exclusive
representative for the purpose of collective bargaining with respect to wages, hours and terms and
conditions of employment for the bargaining unit consisting of all full time sworn police officers within
the following job classification: Police Captain [PERC Certification 2020] or as modified by PERC. The term
"member" or "employee"will mean any member in the bargaining unit.
The PBA recognizes the City Manager, the City's chief executive officer, or his/her designees as the
exclusive City representative(s) for the purpose of collective bargaining concerning the wages, hours and
terms and conditions of employment of PBA bargaining unit employees.
All notices concerning the wages, benefits, and conditions of employment of bargaining employees to the
PBA will be addressed to the attention of the PBA President with a copy to the PBA General Counsel and
mailed or delivered to 2100 N. Florida Mango Road, West Palm Beach, FL 33409. If changes occur, the
PBA will advise the City in writing of the names and addresses of other PBA representatives who are
authorized to accept notices from the City. Notice by the City to anyone other than those people
designated by the PBA does not satisfy legal notice and is not binding on the PBA.
All notices to the City will be addressed to the City Manager with a copy to the City's HR Director and
mailed to P.O. Box 310, Boynton Beach, FL 33425. If changes occur, the City will advise the PBA in writing
of the names and addresses of other City representatives, if any, who are authorized to accept notices
from the PBA. Notice by the PBA to anyone other than those people designated by the City Manager does
not satisfy legal notice and is not binding on the City.
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ARTICLE 3
NON-DISCRIMINATION
The City will not interfere with the rights of officers to become members of the PBA,and there shall be no
discrimination, interference, restraint or coercion by the City, or any City representative, against any
officer because of membership or because of any activity in any official capacity on behalf of the PBA. The
PBA shall not discriminate against any bargaining unit member who fails to join the PBA, as provided by
law. The sole remedy for charges in this paragraph is the filing of an Unfair Labor Practice (ULP).
The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall work
jointly to eradicate discriminatory conduct in the workplace. To that end,the City and the PBA agree that
both Parties have an affirmative duty to act against discriminatory behavior when it occurs in their
presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary
action up to and including termination. Discriminatory conduct means any communication,verbal or non-
verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race,
sex, color, religion, gender, gender identity or expression, national origin, physical or mental disability,
sexual orientation,age,marital status,or any other unlawful factor. Alleged violations of this section shall
not be subject to the grievance and/or arbitration procedure established herein;instead,they may be filed
with and remedied by the appropriate local, state, and/or federal agency. Sustained allegations of
violations of this paragraph resulting from an internal investigation remain subject to the grievance and/or
arbitration procedures established herein.
Bargaining unit members have an affirmative duty to report any discriminatory conduct to the City's
Director of Human Resources and Internal Affairs.
Complaints of Alleged Violations of EEOC Laws
Any investigation into a complaint of a Law Enforcement Officer's alleged violation of any provision of a
law/regulation under the purview of the Equal Employment Opportunity Commission (EEOC) requires
involvement and oversight by the City's designated EEO Officer: the Director of Human Resources. As
such,the Director of Human Resources shall be immediately notified by the Police Chief(or Acting Police
Chief) of any such complaint/allegation made against a Law Enforcement Officer and of opening an
Internal Affairs case/investigation related to such complaint/allegation. The Director of Human Resources
is subject to all confidentiality requirements applicable to Internal Affairs investigations and the penalties
for violating any such provision.
The Director of Human Resources shall have immediate access to and shall promptly review the
complaint/allegation and any information provided in connection with the complaint/allegation. Internal
Affairs investigator(s) shall then confer and consult with the Director of Human Resources on all aspects
of the investigation. The Director of Human Resources may be present at any investigatory
interview/interrogation but may not directly question a member during that interview unless requested
by the member.
Any complaint of a Law Enforcement Officer's alleged violation of any provision of a law/regulation under
the purview of the EEOC that is made directly to, or filed directly with, a member of the City's Human
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Resources Department shall be immediately referred to the Police Chief(or Acting Police Chief).
The City shall follow all provisions of law outlined in sections 112.532, 112.533, and 112.534, Florida
Statutes,commonly known as the "Police Officers Bill of Rights,"throughout the investigation.
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ARTICLE 4
DUES DEDUCTION
The City will deduct Union dues from the pay of any bargaining unit member who voluntarily requests
such deductions upon receipt of a notice from the PBA and approval by the City. The total amount of
deductions shall be remitted each month by the City to the Treasurer of the PBA. This authorization shall
remain in full force and effect during the term of this Agreement or for thirty (30) days after notification
of the revocation of the authorization to deduct by the employee.
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ARTICLE 5
UNION BUSINESS
Section 1.
Up to two (2) elected PBA representatives who are on duty may be granted paid leave to engage in
representation activities on behalf of the PBA or any member as follows:
A. Engaging in collective bargaining with the representatives of the City.
B. Processing of grievances.
C. Accompanying a fellow bargaining unit member when:
1. The member is required to appear at a hearing related to a grievance.
2. The member is presenting or responding to a grievance.
3. The member is subject to questioning and believes(s)he may be disciplined. The
City may negate the member's concern regarding discipline by written
confirmation to the officer that (s)he will not be disciplined based on answers
provided in the questioning.
4. The member is attending a pre-determination hearing.
The City may deny a request for time off if it interferes with productivity or staffing needs. However,the
exercise of such rights by the City shall not allow the City to proceed in a manner that deprives the
employee of his or her right of representation.
A PBA representative employed by the City may be permitted to take unpaid leave to attend functions of
the PBA. If the leave results in the City incurring overtime directly related to the absence,the City will not
approve the request.
Section 2.
No employee may engage in PBA business or use City equipment or property while on duty except as
referenced in Section 1.
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ARTICLE 6
BULLETIN BOARD
The City will provide bulletin board space; one in the Briefing Room and one in the Support Services
Section for the exclusive use of the PBA,for posting bulletins, notices and other union material. The Union
will supply bulletin boards. A notice or item placed on the bulletin board shall bear on its face the legible
designation of the PBA responsible for posting this notice or item on the bulletin board.The Union will hold
harmless and indemnify the City for all claims or actions arising from materials placed on the bulletin board.
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PBA Captains—10/01/2025—09/30/2028
ARTICLE 7
ASSIGNMENT PAY
Section 1. Police Captains, who are assigned by the Chief of Police (or Designee), to serve in the
capacity of Acting Major for a period of more than seven (7) consecutive calendar days shall be paid seven
percent (7%) above the Captain's regular rate of pay.
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PBA Captains—10/01/2025—09/30/2028
ARTICLE 8
VACANCIES AND PROBATION
Section 1. Vacant positions shall be filled by the City through recruitment and selection of
employees on the basis of their qualifications and relative knowledge,abilities,and skills. The decision to
fill a vacant position is reserved to the discretion of the City Manager.
Section 2. Veterans' Preference:
The City complies with all Veterans' Preference requirements pursuant to Chapter 2021-57, Laws of
Florida, and section 295.07, Florida Statutes.
Section 3. All newly promoted Police Captains have a probationary period of one (1)year from the
date of promotion.
Section 4. During a Captain's probationary period, a Captain is subject to removal from his/her
position without statement of cause.
Section 5. A promoted Captain who is removed from his/her position for performance issues
unrelated to misconduct during probation shall be demoted to the position of Police Sergeant at previous
level of seniority. If all Sergeant positions are filled,the least senior Sergeant(based on time in rank)will
be reclassified to a Police Officer.
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PBA Captains—10/01/2025—09/30/2028
ARTICLE 9
MANAGEMENT RIGHTS
It is the right of the City to determine unilaterally the purpose of its Police Department, set standards of
services to be offered to the public, and exercise control and discretion over its organization and
operations. It is also the right of the City to direct its employees,take disciplinary action for proper cause,
and relieve its employees from duty because of a lack of work or for other legitimate reasons. However,
exercising such rights shall not preclude employees or their representatives from raising grievances,
should decisions on the above matters have the practical consequence of violating the terms and
conditions of any collective bargaining agreement in force.
If the City fails to exercise any of the above functions from time to time, it shall not be deemed a waiver of
the City's right to exercise any or all such functions. Any right or privilege of the City not relinquished
explicitly by the City in this Agreement or limited by law shall remain with the City.
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ARTICLE 10
HOURS OF WORK AND OVERTIME
Section 1.
The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 14 day work cycle. The work
cycle per bargaining members assigned to 8 and 10 hour shifts is a 7 day work cycle. For the purpose of
calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all
hours worked in excess of 80.50 hours in a 14 day work cycle. For the purpose of calculating overtime,
bargaining unit members assigned to the 8 or 10 hour shifts will be paid overtime for all hours worked in
excess of 40 hours in a 7 day work cycle.
For purposes of calculating overtime, only hours actually worked, or hours worked for department-
authorized training shall be counted as hours worked. Personal Leave shall be considered hours actually
worked for the calculation of overtime.
When granted, overtime pay is included in the member's next regular pay check following the time
worked.
Employees who are in an on-duty status seven (7) minutes either prior to or after their shift will not be
eligible for overtime pay. Employees who are in an on-duty status for more than seven (7) minutes either
prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for
overtime pay.
The City may round the start and end times of work to the quarter hour consistent with 29 C.F.R. §785.48.
Example:
6:53—7:07= 7:00
7:08-7:22 = 7:15
7:23—7:37= 7:30
7:38—7:52 =7:45
Section 2.
Pursuant to Article 9, it is a Management Right to establish and change the starting and ending times and
the number of hours and shifts to be worked. Individual work schedules may be flexed (hour for hour) by
personnel upon request by the employee and mutual agreement between the employee and supervisor.
Flexing of time must occur only within a single work week.
Section 3.
No member of the Bargaining Unit shall be required or allowed to work more than eighteen (18)
continuous hours except during a declared emergency, an ongoing immediate investigation, or when
overtime is necessary to complete an on-duty assignment, i.e., late arrest. Members of the Bargaining Unit
acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently
and effectively carry out their responsibilities. For the purpose of this section, work means regular
assigned duties and detail assignments. The continuous eighteen(18)hours does not include time spent in
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court, depositions, filings, and similar judicial activities. Members who work eighteen (18) hours
continuously within the past twenty-four(24) hours must remain off duty for a minimum of six (6) hours.
Section 4.
An employee may engage in outside employment, (including off-duty detail or self-employment)with the
approval of the City Manager and with the understanding that the employee's primary duty, obligation,
and responsibility is to the City. Outside employment shall not be permitted when the City Manager
determines that such outside employment would result in a conflict of interest, interfere with the
employee's City work schedule,or otherwise be a conflict with the employee's employment with the City,
or the Palm Beach County Code of Ethics.To request approval, an employee should:
(a) File an "Outside Employment Request Form &Affidavit" with the Human Resources Department
through NeoGov's self-service portal. The employee must notify the Human Resources
Department of changes in conditions of any outside employment. Additionally, the employee's
chain of command must be alerted at the time the request is submitted.
(b) Make arrangements with the outside employer to be relieved from duty if called for work by the
City.
(c) An employee must report all injuries sustained during any outside employment to the employee's
supervisor and Risk Management prior to the employee's next scheduled work day at the City.An
employee's failure to report an injury sustained during outside employment shall be grounds for
corrective action.
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ARTICLE 11
WAGES
Effective October 1, 2025,the following Step Pay Plan is in effect:
• Year One: On October 1, 2025, each bargaining unit member will be placed in the step
corresponding with his/her current years of service with the City in the rank of Captain. On the
anniversary date of the member's promotion to the rank of Captain, (s)he will advance to the next
step. There is no payment or advancement beyond Step 3.
Step Salary
1 $ 148,403
2 $ 152,788
3 $ 157,307
• Year Two: On October 1, 2026, each bargaining unit member will be placed in the step
corresponding with his/her current years of service with the City in the rank of Captain. On the
anniversary date of the member's promotion to the rank of Captain, (s)he will advance to the next
step in the pay plan. There is no payment or advancement beyond Step 3.
Step Salary
1 $ 154,339
2 $ 158,900
3 $ 163,600
• Year Three: On October 1, 2027, each bargaining unit member will be placed in the step
corresponding with his/her current years of service with the City in the rank of Captain. On the
anniversary date of the member's promotion to the rank of Captain, (s)he will advance to the next
step in the pay plan. There is no payment or advancement beyond Step 3.
Step Salary
1 $ 162,056
2 $ 166,845
3 $ 171,780
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ARTICLE 12
SENIORITY
Section 1.
Seniority shall be computed from the date of promotion to Captain. If two(2)or more Captains have the
same date of promotion,the date of initial appointment to the service of the City as a Police Officer shall
be the determining factor.
Section 2.
Seniority shall accumulate during all authorized leaves.
Section 3.
Departmental operations shall be the determining factor for the selection of vacations and overtime
assignments.
Section 4.
The City shall have the right to determine the number of Captains assigned to each division and each shift.
Section 5.
For layoffs and other non-disciplinary reductions in personnel,Police Captains will displace lower ranking
officers in the event that the department is required to layoff personnel. For example:if a Police Captain's
position is to be abolished,the incumbent with the least seniority in the rank of Captain would displace
a Police Sergeant.
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ARTICLE 13
ADDITIONAL MONETARY BENEFITS
Section 1. Compensatory Time
A. Bargaining unit members may be eligible for compensatory time accrual at the discretion
of the Police Chief(or Designee)for participating in required educational and/or required
training activities, special projects, and/or events. In addition, members are eligible to
convert any overtime hours to compensatory time,subject to the following:
i. All compensatory time will be earned/accrued at the rate of one and a half(1.5)times
for each one (1) hour worked [in quarter (0.25) increments] and with a maximum
accrual cap of two hundred forty(240) hours.
ii. When a member's compensatory time accrual balance reaches two hundred forty
(240) hours,the member is no longer eligible to accrue compensatory time until the
accrual balance falls below one hundred ninety-five (195) hours. The must also
schedule and use a minimum of forty-six (46) compensatory time hours within the
next one hundred eighty(180)days.
iii. If the member fails to schedule and take a minimum of forty-six (46) compensatory
hours during the one hundred eighty (180) day period, a Command Staff member
will schedule dates and require them to be taken as scheduled.
iv. Reasonable compensatory time requests of one (1) day that are denied for
operational reasons will be considered for payout up to three (3)times during each
fiscal year.
B. A bargaining unit member who is promoted to a position outside of the Police Captains'
bargaining unit,or who separates from employment will be paid the balance of all unused
compensatory time at his/her last hourly base rate of pay in the Police Captains' rank.
Section 2. Call Back
A. A Police Captain who is ordered or otherwise directed to return to work more than one
hour after completing their scheduled shifts, or more than one (1) hour after being
released from a call back, shall be paid at the rate of time and one-half (1- 1/2) the
regular rate for hours worked with a minimum of three (3) hours.
B. A Police Captain called back to work who is on an authorized leave shall be paid at the
rate of time and one-half(1-1/2)the regular rate for hours worked with a minimum of
three (3) hours. Such employee shall not be charged leave for any such hours worked.
C. The three (3) hours minimum call-in pay provision shall not apply in those instances
wherein the overtime commences one and one-half(1-1/2)or fewer hours prior to and
runs continuously into the employee's regular shift; or the employee is called back to
work to rectify his/her own error or omission which cannot wait until the employee's next
shift. In such instances,the employee shall be compensated for the exact hours worked
at the appropriate rate.
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Section 3. On Call Pay
A.Employees directed to be on call must be able to respond to a specified location on duty within
one (1) hour and shall be compensated for one hour at time and one half (1.5) the
employee's regular rate of pay for each day (24-hour period)on call.
B.In the event a bargaining unit member who is not currently on-duty and is required to respond
for an on-call assignment,the bargaining unit member shall receive, additionally, Call Back
pay as provided in Section 2A of this Article.
C.No member will be placed in an "On-Call" status without the approval of the Chief of Police
or his/her designee.
D.If a Police Captain on call cannot be reached or fails to report to work as directed, on call pay
shall not be paid, and the Police Captain shall be subject to appropriate disciplinary action.
Section 4. Court Time
A. Court time for City related business, or as otherwise approved by the Chief of Police, will
be paid at time and a half when the Captain is not on their regular assignment. A Captain
on court time will be compensated a minimum of three (3) hours at time and a half,and
for every remaining hour after the initial three (3) hours at the same rate of time and
one-half(1.5).
B. An employee who has been instructed to remain on standby for court appearance
purposes during the employee's off-duty hours shall be paid one-half the straight time
hourly rate for each hour on standby up to a maximum of eight(8)hours of standby duty
in any one day. A minimum payment of one (1) hour straight time shall be paid for all
standby assignments. When an employee is required to stand by for eight(8) hours,the
employee shall receive four(4) hours plus one (1) additional hour at straight time. If a
Captain does go to court he will be paid for the court time indicated in Section A and
will not receive standby time pay.
C. Bargaining unit members may report directly to court without prior check-in at the police
station. However,members must still document their attendance at the courthouse and
submit documentation to the Department.
D. If a court appearance is contiguous with the end of the Captain's shift, court time shall be
compensated in accordance with subsection 4(A) above.
Section 5. City Business Outside of Palm Beach County
The City agrees that if any member is required to be out of Palm Beach County to attend court proceedings
as a representative for the City,seminars,or for any other reason as a result of his/her official City duties
as a police captain,(s)he will be paid his/her regular rate of pay,or overtime rate,as applicable,for each
day or partial day required for said purposes.
Any travel outside of the State of Florida requires the City Manager or designee's written approval prior
to the purchase or payment of any fees for registration,travel,and/or accommodations.
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Section 6. Language Proficiency Incentive
Members who are proficient/fluent in speaking, reading, writing, and understanding oral
communications in the languages of Creole, Spanish, Portuguese, and/or Sign Language and who have
successfully passed a language proficiency test through a vendor approved by the City and the Union
are eligible to receive a Language Proficiency Incentive' of fifty cents ($0.50) per hour. No employee
shall be eligible for more than one (1) incentive.
'The language proficiency incentive will be included in the definition of pensionable earnings(total cash
remuneration),as permissible.
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PBA Captains—10/01/2025—09/30/2028
ARTICLE 14
UNIFORMS
Section 1. The City will provide up to three (3) full uniform sets per year and one (1) pair of shoes
every six (6) months per fiscal year. All orders will be honored in full if placed by March 31St. Purchase
of shoes shall be limited to$150.00 per pair. The City will supply replacements for uniform parts when
replacement is appropriate, such as damage caused by his/her law enforcement duties, as determined by
the Police Chief(or Designee), and if adequate funds are available in the City Budget. Members of the
bargaining unit will receive an annual clothing allowance of$1,600.00 payable the first full pay period
in November of each year of this agreement.
Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be
according to current department policies and procedures.The replacement will require the approval of
the Chief of Police. The Captain claiming a replacement will be required to include, with his/her claim,
an explanation of the circumstances of the damage and appropriate reports concerning the incident
where damage to his/her uniform took place. This allowance shall commence from the date of
assignment on a prorated basis. Captains assigned to plain clothes duty for more than three(3) months
at a time will receive clothing allowance in accordance with the above for the three (3) months and
prorated thereafter.
Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the
contract year. The City shall notify those eligible employees,to take their uniforms only to the approved
dry-cleaning establishment in Boynton Beach selected by the City. Members assigned to plain clothes
will be given a cash cleaning supplement equivalent to the cleaning benefit. This will be paid at the end
of each quarter of the contract year. This allowance shall commence on a prorated basis from the date
of assignment.
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ARTICLE 15
ANNUAL OCCUPATIONAL FITNESS EVALUATIONS
Section 1. Physical Evaluation:
A. Mandatory Participation
Due to the importance of certification of fitness for duty, bargaining unit members shall attend and
participate in an occupational fitness evaluation as scheduled, once per the term of this Agreement
(i.e., one routine physical examination).
B. Voluntary Participation
Members of the bargaining unit may voluntarily participate in a whole-body MRI scan during one
of the years in which a member is not required to participate in an examination, pursuant to Section
1.(A) of this Article. Participation is on a first-come first-serve basis and subject to the City
Commission's annual appropriation of funding for this purpose, but as a minimum of$50,000 per
fiscal year for all PBA bargaining unit members (all three units combined). Such allocation shall not
create any obligation or guarantee that the same amount will be allocated beyond the term of this
agreement. If a member chooses to participate in a whole-body MRI scan it will supplement the
need for the routine physical for that term.
(1) In order to voluntarily participate, a member must notify the Director of Human
Resources by email between March 1"and March 315`of each year of this agreement.
(2) Due to the advanced notice required to schedule these exams through the vendor
and the cost to the City, voluntary participation status is "locked in" as of March 315t of
each year and no changes/cancellations will be accepted after that date.
(3) In the event a member who voluntarily elected to participate decides not to
participate after March 31St, but prior to completing any portion of the exam, the member
is responsible for reimbursing the City for the total cost of the exam through either a payroll
deduction or by a check made payable to the City of Boynton Beach,within thirty(30)days
of cancellation. [Note: The per member cost for the exam for FY 2025-2026 is $1,600] In
no instance will the reimbursement cost be greater than $1,600. The Director of Human
Resources may waive the reimbursement cost at his/her discretion based on the unit
member's explanation of cancellation, if one is provided.
(4) A member who voluntarily elects to participate and completes any portion of the
exam process is then subject to the same provisions as those required to participate.
C. Miscellaneous Provisions
In any instance where a bargaining unit member completes an evaluation off duty,(s)he will receive
compensation equaling two (2) hours at a rate of one and a half (1.5) times the bargaining unit
member's hourly rate of pay.
(1) It is the responsibility of the bargaining unit member to ensure that this physical evaluation
and all follow-up testing required solely as a result of being found "unfit for duty" by a medical
doctor are completed promptly and as scheduled.
(2) Failure to attend and/or participate in the mandatory occupational fitness evaluation as
required will result in the bargaining unit member being placed on a "no work" status until the
evaluation is complete. Compensation for time in a "no work" status will be through the use of
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only accrued and unused sick leave, compensatory time, and vacation leave (in that order). If
all aforementioned leave time is exhausted, the bargaining unit member will be placed in an
unpaid status until such time that the full evaluation and any required follow-up is completed.
(3) For the term of this Agreement, the City will contract with a qualified medical provider to
perform occupational fitness evaluation. Records associated with this physical evaluation and
any follow up evaluations required solely in connection with the return to work of an employee
who was found to be "unfit for duty" are provided to the Director of Human Resources, who
will ensure the records are properly maintained in the employee's confidential medical file,
which is separate from the employee's personnel file. Further, an employee who was found to
be"unfit for duty,"or who was recommended for referral to another medical provider, may be
contacted by Human Resources or Risk Management regarding ADAAA,FMLA,and/or Workers'
Compensation.
Section 2. Immunization:
The City shall provide an opportunity for members to receive immunizations during the term of this
Agreement for all members as a means of protection from the following:
• Hepatitis—Type B: Available to all bargaining unit members
o Members who refuse to be immunized for Hepatitis Type B and who later contract that
disease shall not be presumed to have contracted the disease while on duty.
• Hepatitis—Type A: Available to all bargaining unit members.
o Members who refuse to be immunized for Hepatitis Type A and who later contract that
disease shall not be presumed to have contracted the disease while on duty.
• The City shall offer flu shots for all members to protect them from contracting the flu while working
during flu season.
Section 3. Other Testing:
• The City shall provide lead testing for Range Instructors.
• The City will provide for AIDS and Hepatitis screening in instances where a member is exposed to
situations or persons presenting such biological contamination threat.
Section 4. Exposures:
The City acknowledges and complies with all statutory notice requirements and presumptions regarding
exposures in the line of duty.
Section 5. Either the City or the Union may reopen this article at any time during the duration of the
Agreement.
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ARTICLE 16
GROUP INSURANCE
Section 1. Medical,Vision and Dental Insurance
The medical benefit plans currently available to employees are a:
• High-Deductible Health Plan (HDHP)
• Health Maintenance Organization (HMO) Plan
• Point of Service (POS) Plan
The premium cost for"employee only"coverage for the High-Deductible Health Plan (HDHP), PPO dental,
and vision insurance premiums shall be paid by the City for bargaining unit members while they are
employed by the City. Members are responsible for paying all premiums not covered by the City.
The City Commission,through the Annual Budget process,may appropriate funds to subsidize employees'
premium costs for employees who cover dependent children on their City medical plan. Any subsidy
offered does not extend beyond the plan year for which it is budgeted,and the offering of,and/or amount
of, any such subsidy is not subject to negotiation.
Medical Insurance:
HSA Contributions:
The City will contribute an annualized total of one thousand five hundred dollars ($1,500.00) into a
bargaining unit member's Health Savings Account (HSA) on the first full paycheck date following January
15t of each year of this Agreement.
i. In order to be eligible for the annual HSA deposit above, a bargaining unit member must:
a. Be enrolled in the High-Deductible Health Plan (HDHP); and
b. Have been actively employed with the City on September 30th of the preceding year to
receive the next following contribution.
ii. The IRS prohibits members who have medical insurance through Medicare,Tricare, or Tricare
for Life from contributing or receiving contributions into an HSA plan; therefore, the City will
provide the cash equivalent in the member's first full paycheck following January 15tof each
year of this Agreement.
a. In order to receive this payment,the member must:
i. Be enrolled in the High-Deductible Health Plan (HDHP); and
ii. Email the Director of Human Resources no later than November 30th of each year
of this Agreement with documentation that shows the member is covered on one
of the aforementioned plans.
Leave Time Conversion to HSA:
The City will provide opportunities to convert an annualized total of up to one thousand five hundred
dollars ($1,500.00), after pension deduction, of any combination of sick and vacation time at the 100%
conversion rate to help fund their HSA. This conversion can be done at the following times each plan year
(2025, 2026, 2027, 2028):
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i. October 1st-November 15th(any amount up to an annualized total of$1,500.00).
ii. January 1st—January 31st(any amount up to an annualized total of$1,500.00).
iii. April 1st—April 30th (any amount up to an annualized total of$1,500.00).
iv. "Annualized" means plan year/contract year/fiscal year (October 1st through September
30th)
Section 2.
Life Insurance:
Bargaining unit members are provided with a sixty-thousand-dollar($60,000)term life and accidental
death policy with the premium paid by the City.
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ARTICLE 17
LEAVES
Section 1. Vacation
A. Accrual:
1.Bargaining unit members accrue vacation hours each pay period when they are in an active
paid status of twenty-four (24) or more hours in a work week. No member may use more
vacation leave than (s)he has accrued. The chart below shows the maximum annual accrual
of vacation hours based on years of service:
Years of Service Vacation Hours
1 year 96
2 years 120
3 years 120
4 years 128
5 years 136
6 years 144
7 years 152
8 years 160
9 years 168
10 years 176
11 years 176
12 years 176
13 years 176
14 years 176
15 years 176
16 years 192
17 years 192
18 years 192
19 years 192
20 years 192
21 years&after 200
2. A bargaining unit member may accrue vacation hours up to the Allowable Maximum:the
total vacation hours(s)he accrued in his/her two(2)most recent years of employment.
During the fiscal year,vacation hours may accrue beyond the Allowable Maximum;however,
any accrued and unused vacation hours exceeding the Allowable Maximum on September
30th of each year will be forfeited. Upon resignation, retirement,change in status from full-
time to part-time, or death, members will receive payment for their accrued and unused
vacation hours.
B. Reauests:
Vacation requests may be submitted from 14-45 days in advance for vacation. In the
event of conflicting requests for vacation dates,the senior member's request shall prevail
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provided the more senior member's request was submitted thirty(30) days prior to the
date(s) requested.
1.Vacations of two (2) days or less may be made with twenty-four(24) hours of advance
notice.
2.All other requests submitted with less than thirty(30) days of notice shall be on a first
come first serve basis regardless of seniority.
3.Request for emergency vacation leave will be considered individually by the Chief.
4.A bargaining member absent without approval will not be compensated for the time
absent and may be subject to disciplinary action.
C. Bonus Vacation Hours:
Members are eligible to accrue up to ten (10) Bonus Vacation Hours for continuous attendance
at work at the completion of each calendar quarter that the member has not used sick time,
FMLA leave timecoded as sick leave, or family sick during the previous quarter, not has been
absent from work or on leave other than those paid categories recognized in this document.
Selling Back Vacation Hours:
Members are eligible to sell back up to one hundred (100) hours of vacation leave each year of
this agreement. Members must have a minimum of one hundred twenty(120) hours remaining
in their leave bank after the sell back. Members must submit a request for vacation sell back
through NeoGov's self-service portal between August 1st and the last day of August of each fiscal
year for which payment will be made by September 30th
Section 2. Sick Leave
A. Accrual:
Bargaining unit members will accrue sick leave on a bi-weekly basis(3.69 hours)for an annualized
total of ninety-six(96) hours per year. To receive accrued sick leave in a work week, a member
must have been in an active paid status of twenty-four(24)hours or more. No member may use
more sick leave than (s)he has accrued.
B. Notice of Use of Sick Hours:
Unscheduled Sick: A member shall notify his/her immediate supervisor or designee, in a
manner provided for by management,of his/her illness not less than sixty(60)minutes before the
start of his/her scheduled shift. If a member fails to call in within the specified time,the member
may be subject to progressive discipline. This notice procedure shall be followed for each day the
member is unable to report to work unless Human Resources and the City Manager have
authorized for an extended leave of absence.
Scheduled Sick: A member may request, with a minimum of forty-eight (48) hours of
advanced notice, to use scheduled sick hours for medical, dental, and optical appointments
and/or procedures. Documentation to support payment under the "scheduled sick" pay code
must be provided with payroll. Unsubstantiated use of such time will result in the time being
recoded to "sick."
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Sick hours may be requested and/or utilized upon approval of the Police Chief (or
Designee)for the following reasons:
1.Member's health, or up to forty (40) hours per fiscal year for illness of
an immediate family member:the member's parent, spouse,or child.
2.Medical, dental, or optical treatment that is determined in writing by a
physician to be necessary and must be performed during working hours.
3.Quarantine due to exposure to a contagious disease.
4.In connection with a member's Workers'Compensation case,where(s)he has
declined a light duty assignment or where no such assignment is available.
5.In connection with an approved Family and Medical Leave Act (FMLA) leave
for a serious medical condition of the member,or the member's immediate
family member, as defined in the FMLA.
The following conditions may be deemed as excessive/abusive use of sick leave and may
result in a referral to Human Resources for FMLA and/or progressive discipline:
1.Members who have developed a pattern of sick leave usage.
2.Members who are required to use vacation leave in lieu of or in
supplementation of sick leave to compensate for absences (except
approved FMLA).
C. Documentation Required:
For any use of sick time in excess of three (3) consecutive work days, a member is required to
provide written medical certification to the Human Resources Department upon return to work.
"Consecutive work days" means any day a member was scheduled to work, including additional
or"overtime" shifts.
D. Payout of Sick Leave
1.Members who are terminated for cause from the City are not eligible for a payout of
sick leave.
2.Upon resignation, retirement, change in status from full-time to part-time, or death,
members will receive payment for their accrued and unused sick hours at the
percentage specified in the table below. (Retirement shall include normal
retirement, disability retirement, or early retirement as defined in the appropriate
Pension Plan).
Continuous Years of Service Percentage of Sick Leave Payout
Less than 5 full years 0%
More than 5 years but less than 10 full years 25%
More than 10 full years 50%
Upon retirement from the City 50%
3.An employee retains his/her accrued and unused sick hours while employed in a full-
time position with the City. If an employee's status converts to a part-time position,
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whether voluntarily or involuntarily,(s)he will have his/her accrued and unused sick
leave paid out pursuant to the aforementioned table.
4.Failure to return City issued property within thirty (30) days of separation of
employment will result in accrued vacation and sick time up to the amount of the
property retained or 100 hours,whichever is greater,being held until the applicable
property is returned. However, if the unit member fails to return his/her badge or
employee ID card, the City may hold all accrued vacation and sick time. The City
reserves the right to seek all legal remedies under applicable law to recover
damages or costs incurred as a result of non-compliance.
E. Sick Leave Conversion:
Members who have more than one hundred twenty (120) hours of sick leave as of September
1St of any contract year may convert 50%of the excess over one hundred twenty(120) hours to
a cash straight time payment not to exceed eighty (80) hours. This conversion payout will be
requested between July 1 and the last day of July each fiscal year, for which payment will be
made by August 31 of that year.
F. Sick Leave Donations:
Donations to a member's sick leave bank are available pursuant to City policy.
Section 3. Personal Leave
At the sole discretion of the Police Chief (or Designee), a member may be granted up to eighty
(80) hours of paid personal leave in a fiscal year. There is no entitlement to Personal Leave, and
the Police Chief's approval or denial of such leave is not subject to grievance.
Section 4. Bereavement Leave
In the event a member has experienced the death of his/her mother,father,foster parent,step-
parent, brother, sister, husband, wife, registered domestic partner, son, daughter,
grandparents, grandchildren, mother-in-law, father-in-law, sister-in-law or brother-in-law, or
grandparent of spouse or registered domestic partner, a member may use paid bereavement
leave not to exceed three(3)consecutive shifts for any one death. However,if it is necessary for
the member to leave the State in connection with the internment of the deceased,the member
may use an additional two (2) consecutive shifts. Members must submit proof of death within
thirty(30) days of use of the bereavement leave in order to be eligible for paid bereavement
leave. The City Manager may grant additional bereavement leave at his/her sole discretion.
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ARTICLE 18
HOLIDAY PAY
Section 1. Bargaining Unit Members will receive Holiday Pay in the following manner for each year of this
Agreement:
A. The second paycheck in October, members will receive 90 hours straight time Holiday Pay
at the current rate of pay on the check date.This payment is for the following holidays:
o Veterans' Day
o Thanksgiving Day
o Day After Thanksgiving
o Christmas Eve
o Christmas Day
o New Year's Day
B. The second paycheck in January, members will receive 90 hours straight time Holiday Pay
at the current rate of pay on the check date.This payment is for the following holidays:
o Martin Luther King,Jr. Day
o Presidents' Day
o Memorial Day
o Juneteenth
o Independence Day
o Labor Day
Section 2. Bargaining Unit Members must have been actively employed on the paycheck date in
order to receive the Holiday Pay in Section 1.
Section 3. Bargaining Unit Members who leave employment must pay back any holiday for which
they were paid but were not employed on the date of the holiday. This payment will be
deducted from the member's final paycheck at the hourly rate at which the holiday was
paid.
Section 4. New Hires will receive Holiday Pay on a pro-rated basis on the first paycheck of the month
following the date of hire. The proration will be calculated as follows:
A. If hired between October 1st and January 1st, (s)he will receive Holiday Pay for
only the holidays in Section 1A that occurred while(s)he was actively employed.
B. If hired between January 2nd and September 30th, (s)he will receive Holiday Pay
for only the holidays in Section 1B that occurred while (s)he was actively
employed.
Section 5. There is no additional pay, premium or otherwise, for time worked on City observed or
actual holidays.
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Section 6. There is no pay, premium or otherwise,to Bargaining Unit Members who do not work on
City-observed or actual holidays.
Section 7. Members with non-road patrol assignments whose scheduled work day falls on a City-
observed holiday may have the following options (based upon scheduling approval of
Supervisory Chain of Command):
a) Work on the City-observed holiday and get paid at straight time for the actual
hours worked,or
b) Not work on the City-observed holiday and request to use paid leave(such as
available comp time or vacation leave)to be compensated for the hours, or
c) Not work on the City-observed holiday and be in an unpaid status for those
hours (absent any request to use available paid leave),
or d)With advanced agreement and approval from supervisor,a non-road patrol
member may flex his/her schedule during any work week in which there is a City-
observed holiday.
Section 8. Effective January 1, 2026, bargaining unit members may elect to receive the equivalent
straight holiday time as hours as a lump sum added to their accrued vacation balance in
lieu of receiving holiday pay as set forth in Section 1. Such election shall be made in August
of each fiscal year beginning in August 2026 and shall remain in effect for the duration of
the fiscal year in which the election is made as outlined in Section 9 below. For the October
2025 and January 2026 payments, bargaining unit members shall receive holiday pay in
accordance with Section 1,and no election or accrual option shall be available.
Section 9. Elections shall be made between August 1 and August 31of each fiscal year. Election remain
in effect for the full fiscal year,and members may make a new election during the
designated period each year for the term of this Agreement. If no election is made,the
member shall automatically receive holiday pay at their current rate of pay as provided in
Section 1.
Section 10. The provisions in Section 2-6 will apply to members who elect to receive the holiday hours
added as a lump sum to their accrued vacation balance in lieu of pay.
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ARTICLE 19
FUNERAL EXPENSES
Section 1. The City will pay fifteen thousand dollars ($15,000.00) to the beneficiary of bargaining
unit employees considered by law to have expired in the line of duty.
Section 2. All employees shall complete the appropriate form to designate by name and address,
the individual to whom such funds will be paid. In the event of conflicting claims for payment, the City
will interplead the funds by court proceeding if the parties with conflicting claims cannot resolve their
dispute within sixty (60) calendar days.
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ARTICLE 20
TRAINING
Section 1.
a.Mandatory Officer Training Requirements
All basic mandatory training and retraining that an officer is required to attend while off duty will
be compensated at a rate of one and a half(1.5)times the officer's hourly base rate for actual time
in training. Compensatory time in lieu of overtime may be authorized by the Police Chief (or
Designee).
b.Conferences,Seminars,Other Training/Special Programs
Other off-site training/special programs, including but not limited to conferences and seminars,for
which the City approves a member to attend and pays the associated expenses are exempt from
compensation other than the member's hourly base rate of pay for hours of actual classes while in
attendance and for any hours the member is attending that were regular scheduled work hours. The
City reserves the right to flex a member's work schedule to reduce the cost of overtime that may
result from a member attending such classes on non-scheduled work days.
Section 2. Weapons Training
The content and course of weapons training will be established by the Chief of Police. Each member will
be allowed three opportunities to meet the prescribed qualification standards. If the officer does not
qualify in three attempts, they will be required to qualify on their own time and expense to remain
eligible for employment as law enforcement officers.
Section 3. College Tuition
The City will reimburse eligible members for tuition pursuant to the City's Tuition Assistance Program,
which is attached as Addendum "B." The provisions of this Section and Addendum "B" relate to the
reimbursement assistance for General Education Core Courses and Degree Program Core Courses. For
the term of this Agreement,Tuition Assistance is funded at forty-five thousand dollars($45,000)per fiscal
year and covers all members of the three PBA units on a first-come first-serve basis.
The City's Tuition Assistance Program provision restricting DROP participants from eligibility
does not apply to members of any PBA bargaining unit.
Section 4.
The City reimburse members for authorized expenses associated with attending training and
special schools as approved by the Police Chief.
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ARTICLE 21
REPRODUCTION
The City will post the Agreement on the City's shared network drive or any other electronic distribution
system.
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ARTICLE 22
PERSONNEL RECORDS
Section 1.
A personnel file for all City employees is maintained by the City's Human Resources Department.
Employees may inspect and obtain copies of personnel files in accordance with Florida Law.
Section 2.
Internal affairs investigatory files will be maintained in accordance with Florida State Statutes.
Section 3.
All bargaining unit members covered by this Agreement must be notified within forty(40)business hours
of the request in writing (E-mail is acceptable notification) when someone other than a City employee
requests to review the bargaining unit members' personnel/I.A.file, unless the file is being inspected by
a governmental agency(including IRS),or state attorney,in the conduct of a lawful criminal investigation
when confidentiality of the investigation is requested.
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ARTICLE 23
LEGAL ACTION
Section 1.
In accordance with Florida Statutes, the City will provide legal defense for a member against any civil
damage suits wherein said member is a named party and wherein the alleged damages were allegedly
caused by the actions of said member while acting within the scope of his/her authority and within the
course of his/her employment.
Section 2.
The City shall indemnify all employees against judgments for compensatory damages rendered against
an employee in a civil damage suit arising from and in connection with duties performed by the
employee in the course and scope of their employment for the City provided that the employee has not
acted in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.The City shall not indemnify any employee against judgments
rendered in civil suits which the City has not been given notice of and an opportunity to defend.
Section 3.
The City will select the Attorney who is to defend the employee relative to this Article.
Section 4.
The employee will be responsible for filing any counterclaims at his/her expense.
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ARTICLE 24
DISCIPLINE
Section 1. The Parties recognize that the interests of the community and job security of the bargaining
unit members depend upon the City's success in providing proper and efficient services to the
community. To this end,the City and the PBA encourage,to the fullest degree, behavior that is positive
and supportive of the goals of effective municipal management and public safety. The Parties recognize
the need for progressive and appropriate discipline when an employee's conduct and job performance
are inconsistent with said goals.
Section 2. No bargaining unit member shall be disciplined except for cause. Progressive, consistent,
and appropriate discipline will be administered according to the seriousness of the offense. The
following disciplinary actions shall be utilized, and depending on the severity of the offense, the first
action may be taken at any appropriate level including dismissal.
A. Written Notice/Reprimand
B. Unpaid Suspension
C. Demotion
D. Termination
Discipline is classified as either major or minor,as follows:
MAJOR DISCIPLINE is a(n):
• Temporary Suspension of participation in off duty details over thirty(30) days; or
• Temporary Suspension of participation in the take-home vehicle program for over thirty (30)
days; or
• Unpaid Suspension of more than sixteen (16) hours; or
• Demotion; or
• Termination.
MINOR DISCIPLINE is a(n):
• Temporary Suspension of participation in off duty details under thirty(30) days; or
• Temporary Suspension of participation in the take-home vehicle program under thirty(30)days;
or
• Written Notice/Reprimand;or
• Unpaid Suspension of sixteen (16) hours or less.
Section 3. Any bargaining unit member who has been promoted,and who thereafter is demoted,shall be
returned to the position and shift(s) he or she occupied immediately prior to the promotion or to a
position and shift consistent with his or her seniority as a sworn officer with the Boynton Beach Police
Department,whichever is more favorable for the member. Personnel re-entering the bargaining unit as
provided above shall be placed in their respective Step Pay Plan based upon their completed years of
sworn service with the City of Boynton Beach Police Department at the time of demotion.
Section 4. No Employee shall be subject to major discipline without first being afforded a pre-
determination conference with the City Manager. No pre-determination conference shall be conducted
with less than fifteen (15) calendar days' notice to the Employee.
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Section 5. Unpaid suspensions will be imposed in increments of eight(8) hours of loss of pay.
Section 6. Members will be ineligible to work off duty details during any calendar day on which they
are observing a suspension.
Section 7. All Internal Affairs investigations will afford the subject officer(s)all rights under Chapter 112,
Florida Statutes.
Section 8. The City will provide notice to the PBA when it completes an investigation of bargaining unit
members that could result in disciplinary action or when an employee is given a suspension.
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ARTICLE 25
APPEALS OF DISCIPLINARY ACTION
Appeals of disciplinary action shall be handled as follows:
MINOR DISCIPLINE:
A. Appeals to Major discipline shall be referred to Arbitration beginning at Step Three of the
Grievance Process pursuant to Article 26.Written Notices/Reprimands may be submitted for
review by the Chief of Police as follows:
1.Member must submit a written response to the Written Notice/Reprimand (email is
acceptable) to the Chief of Police, with a copy to the Director of Human Resources,
within fifteen (15) calendar days of issuance.
2.After review of a member's written response and within fifteen (15) calendar days, the
Chief of Police may rescind the Written Reprimand. The Chief's determination will be in
writing (email is acceptable) to the member, with a copy to the Director of Human
Resources. The Chief's response may simply state the determination outcome.
3.The Director of Human Resources will ensure the member's employment file contains the
originally issued Written Notice/Reprimand,the employee's written response, and the
Chief of Police's determination to sustain, reduce, or reject the discipline.
4.Alternatively, a member is permitted to provide a written response to the Written
Notice/Reprimand to both the Chief of Police and the Director of Human Resources, up
to 90 days following its issuance for inclusion in his/her employment file. However,the
Chief of Police will not consider reducing or rejecting discipline from any written
responses received after the deadline as stated above in A(1)-(3).
B. Unpaid Suspensions of sixteen (16) hours or less,temporary Suspension of participation in off-
duty details under thirty(30)days,and temporary Suspension of participation in the take-home
vehicle program under thirty (30) days (following pre-disciplinary meeting under Chapter 112,
Florida Statutes) may be formally appealed to the Chief of Police,whose decision shall be final. A
member may submit a written response to be included in his/her employment file.
1. Following the initial pre-disciplinary meeting and receipt of final discipline,an appeal shall be filed
in writing via electronic mail to the Chief of Police and the Director of Human Resources within fifteen
(15)calendar days of notice of the discipline.
2.The Chief of Police shall render a decision within fifteen (15) calendar days of the appeal.
3. The Chief of Police's decision may be to sustain,fully reject, or lessen the discipline. The Chief of
Police (or Designee) may, at the request of the member, conduct interviews with departmental staff
or members of the bargaining unit as part of his/her formal review of the discipline and of alleged
violations of this Agreement and/or Chapter 112, Florida Statutes, if applicable.
MAJOR DISCIPLINE:
A. Pre-Disciplinary Meeting with the Chief of Police under Chapter 112. Florida Statutes:
1. Following the initial recommendation of discipline, members may schedule and attend a
Pre-Disciplinary meeting with the Chief of Police, pursuant to Chapter 112, Florida Statutes and within
thirty (30) calendar days of the issuance of Major Discipline. This request must be in writing (e-mail is
acceptable)to the Chief of Police with a copy to the Director of Human Resources.
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2. After the meeting, if one is requested, or after receiving the member's written statement
in lieu of a meeting, the Chief of Police will render his final disciplinary decision within fifteen (15)
calendar days.
3. If a member does not request and attend a pre-disciplinary meeting with the Chief of Police,
or does not provide a written statement in lieu of a meeting,within thirty(30)calendar days of the initial
recommendation of discipline, then the Chief of Police's initial discipline recommendation will stand.
However, the member may waive the meeting with the Chief of Police and proceed directly to the
Predetermination Conference with the City Manager.
B. Predetermination Conference with the City Manager:
1. Prior to the imposition of Major Discipline, a member may elect to participate in a
Predetermination Conference with the City Manager. The member must request a conference with the
City Manager within fifteen (15) calendar days of the final determination by the Chief of Police.
2. Members will have a minimum of fifteen (15) calendar days' notice of the date of the
Predetermination Conference.
3. The City Manager will render, a final disciplinary decision within thirty(30) calendar days
of the predetermination conference.
C. Arbitration: Following a Predetermination Conference with the City Manager, if the final
recommendation of discipline remains as Major Discipline, the matter may be referred directly to
Arbitration, beginning at Step Three of the Grievance Procedures pursuant to Article 26, 5.A
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ARTICLE 26
GRIEVANCE AND ARBITRATION PROCEDURE
Section 1. A grievance,as used in this Agreement, is limited to a complaint or request of a bargaining
unit member or the PBA that involves the interpretation, application of, or compliance with the
provisions of this Agreement. Appeals of disciplinary action are not grievances but may be brought
following the procedures set forth in Article 25.
Section 2. Grievances concerning working conditions not explicitly covered by the terms and
provisions of this Agreement shall be subject to the grievance procedure up to, but not including,
arbitration.
Section 3. In the event a grievance should arise as to the interpretation or the application of the
terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with
in the following manner. Any grievance not answered by the City within the time limits provided below
will automatically advance to the next higher step of the grievance procedure.
Section 4. All references to"days" in this Article shall mean calendar days.
Section 5. Procedures
A.Grievance Procedures
Step One—Police Chief
The aggrieved employee(s) or an Association representative on behalf of an aggrieved
employee(s)shall file a Step One written grievance by electronic mail to the Police Chief and the
Director of Human Resources on or by the fifteenth (15th) day of the occurrence or on or by the
fifteenth (15th) day of when the employee(s) knew or should have known of the occurrence.
All grievances shall include the following:
a.Statement of the grievance and the facts and circumstances upon which it is
based;
b.Name and rank of grievant(s);
c.The Article(s)and Section(s)of the Agreement alleged to have been violated;and
d.The remedy requested
All class action grievances shall also include:
a.Statement indicating the grievance is a class action;and
b.Signature of a PBA Union Official/Attorney.
The Police Chief's Step One response shall be transmitted to the Union and to the Director
of Human Resources on or by the tenth (10th)day of receipt of a grievance. If the Police
Chief does not respond in writing via electronic mail,the grievance
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is presumed to be denied and the employee or an Association representative may
advance the grievance to Step Two.
Step Two—City Manager (or Designee)
If no resolution is reached at Step One, the aggrieved employee(s) or the Association
representative on behalf of the aggrieved employee(s) may file a Step Two written
grievance by electronic mail to the City Manager and the Director of Human Resources
on or by the fifteenth (151 day of receipt of the Police Chief's Step One response.
The City Manager(or Designee), at his/her discretion, may conduct interviews with the
grievant(s), the Union representative(s), members of the bargaining unit, and/or
management to discuss the grievance. The City Manager (or Designee) must notify the
Union and Grievant within seven (7) days of receipt of the Step Two grievance if (s)he
intends to conduct interviews. Once such notification is made, the time period for the
City's Step Two response is tolled with mutual agreement by the Union until the
interviews can be scheduled and conducted.
The City Manager (or Designee) shall respond in writing to the Step Two grievance by
electronic mail no later than thirty (30) days of receipt of the Step Two grievance or by
a mutually agreed upon extended date. If the City Manager (or Designee) does not
respond in writing via electronic mail, the grievance is presumed to be denied and the
aggrieved employee or an Association representative may move to the next step.
Step Three—Arbitration
If the grievance has not been settled by Steps 1 and 2, the PBA or the City may request
arbitration within fifteen (15) calendar days of receipt of the City Manager's (or
Designee's) reply or when a reply was due, if none is submitted.
Following a Predetermination Conference with the City Manager under Article 25,
appeals of disciplinary matters continue at this Step of the Grievance Process. Notices
to the City under this section must be sent to the City Manager and the Director of
Human Resources, and electronic mail is sufficient. Notices to the PBA under this section
must be sent to the assigned PBA attorney, with a copy to the PBA President.
B.Arbitration Procedures
The Party requesting arbitration must timely file with the American Arbitration Association (AM)or
Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7) arbitrators on or before
the fifteenth (15`h) day deadline, and a copy shall be served on the other Party. The rules for the
conduct of the arbitration will not be the rules of AM or FMCS unless agreed to by the City and PBA,
but will be governed by the terms of this Agreement.
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1.Arbitrator Selection
Each Party retains the right to reject one panel in its entirety and request that a new panel
be issued at the rejecting Party's expense. The grieving party shall strike the first name with
each Party alternating strikes thereafter until only one arbitrator's name remains. The last
name remaining shall be the arbitrator. The arbitrator shall determine the date(s) and
time(s)of the hearing subject to the availability of the Union and the City. Arbitration will be
conducted at a location mutually agreeable to the City and the Union.
2.Arbitration Fees and Expenses
All fees and expenses of the arbitrator shall be divided equally between the Union and the
City; however, each Party shall fully bear the expense of preparing and presenting its case,
including the cost of witnesses and other people it requires to attend the arbitration.
3.Arbitrator Authority and Award
The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The
decision of the arbitrator is final and binding on the parties. If the arbitrator reverses the
discipline in its entirety, the Employee will be made whole. Any and all arbitration
procedures not explicitly set forth in this Section shall be governed by this Article. The
decision of the arbitrator is final and binding on the Parties subject only to the rights of the
parties to confirm,clarify,or set aside the award as set forth in the Florida Arbitration Code.
The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any,
or of the transcript if the Parties have agreed to submit the transcript in lieu of briefs.
The arbitrator shall submit his/her decision in writing with a statement of findings and
reasons within thirty(30)days of the receipt of briefs, if any,or receipt of the transcript if the
Parties have agreed to submit the arbitration transcript in lieu of briefs.
4.Other Provisions
A Hearing transcript will be made, unless waived by both Parties. The cost, including the
arbitrator's copy, will be shared equally by the Parties,with the PBA share not to exceed
$500.00.
Briefs, if any, must be filed with the arbitrator no later than thirty(30) days after the close of
the Hearing or after receipt of the transcript, if a transcript is requested.
By agreement of both Parties,a meeting will be held at any step of the grievance procedure.
Settlement of a grievance prior to the issuance of an arbitration Award shall not constitute
precedent nor shall it constitute an admission that the Agreement has been violated.
A probationary employee may not grieve any matter concerning assignment or discharge for
reasons of failure to meet performance standards.
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ARTICLE 27
PERSONAL VEHICLES
Section 1. When an employee is required to use his/her personal vehicle in the performance of
police duties,said employee shall be reimbursed at a mileage rate as established by City policy,excluding
mileage traveled to and from the normal work location.
Section 2. For the purpose of this Article,the performance of police duties shall include attendance
at court, depositions, administrative hearings,conferences with City officials, schools and seminars.
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ARTICLE 28
DRUG TESTING
The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. Bargaining Unit
employees are subject to random, reasonable suspicion, and post-accident drug testing.
The Drug Free Workplace Policy approved by the City and the PBA is attached as Addendum "A."
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ARTICLE 29
RESERVED
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ARTICLE 30
COMPLETE AGREEMENT AND NON-WAIVER PROVISION
Section 1. This Agreement is the complete Agreement between the parties, cancels all prior
practices and agreements(including the CBA in control from 2021 through 2024),and,except as expressly
provided for herein,relieves the parties of the obligation to bargain on any subject during the term of this
Agreement.
Section 2. There is no past practice that results in a monetary benefit except as set forth expressly in
this Agreement. All bargaining unit members are covered under the terms of this Agreement,
Departmental Rules and Regulations and the City's Employee Handbook and not under any Civil Service
Rule/Regulation heretofore in existence.
(a) When the City intends to make changes to City or Departmental Administrative Rules or
Regulations, Policies, Handbook, Procedures,or other terms and conditions of employment
of bargaining unit members,the City will provide written notice to the PBA. This notice will
include a description of the change and an implementation date which shall be no less than
thirty(30)days from the date of notice.
(b) If the PBA believes that that modification constitutes a change to wages, benefits or
conditions of employment, PBA will have fifteen (15) calendar days from date of notice to
advise the City if the PBA is requesting pre-implementation or post implementation impact
bargaining and to identity with specificity the manner in which the modification affects the
rights of its members. The PBA response shall include 3 dates and times when the PBA is
available to meet with the City to discuss/bargain the modification,excluding dates in the first
10 days following the PBA request.When bargaining is requested, it shall begin no less than
10 days following the PBA's request and shall be concluded within 14 days following the first
bargaining session.
(c) This provision is not a waiver, restraint or limitation on the City's management right to
determine unilaterally the purpose of its Police Department,set standards of services to be
offered to the public,and exercise control and discretion over its organization and operations.
Further, this provision is not a waiver of the City's rights or the PBA's rights under Chapter
447, Florida Statutes.
Section 3. Nothing in this Agreement shall be construed or interpreted as a waiver of the PBA's right
to request bargaining or impact bargaining.
Section 4. Nothing in this Agreement shall be construed or interpreted as a waiver or limitation on
the City's management rights.
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ARTICLE 31
SEVERABILITY
Section 1. If any provision of this Agreement is found to be invalid by any courts having jurisdiction
in respect thereof,such findings shall not affect the remainder of this Agreement,and all other terms and
provisions shall continue in full force and effect.
Section 2. In the event of such a finding, the Parties will meet within thirty (30) days to begin
negotiations of a replacement Article or Section.
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ARTICLE 32
DURATION
This Agreement shall take effect when ratified by the members of the collective bargaining unit and the
City Commission and shall remain in effect until September 30, 2028. No base wage increase, step, cost
of living,or other compensation adjustments,except increases resulting from an assignment,shall be paid
beyond September 30th of each year, except as provided in a subsequent Memorandum of
Understanding or Collective Bargaining Agreement.
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ARTICLE 33
TAKE HOME VEHICLES
Section 1. The City agrees to continue the take home vehicle program during the term of this Agreement
and to purchase as reasonably as possible the number of vehicles sufficient to supply eligible members
of the bargaining unit.
Section 2. Eligibility:
• Members are eligible for a Take Home Vehicle provided they:
o Have successfully completed Field Training, and
o Have not had their police powers suspended.
• Members who are on modified/light duty related to a workers' compensation claim who do not
have driving restrictions are eligible based on the availability of an unmarked vehicle.
• Members who are on modified duty related to a non-work-related injury or temporary disability
may be provided with an unmarked vehicle based on availability and seniority (ID number),
provided their work restrictions do not prohibit driving.
Section 3. Vehicles will be assigned on the basis of seniority (by ID number), with seniority bumping
rights for Members transferred to patrol.
Section 4. Captains may use their assigned unmarked vehicles on duty and off duty, anywhere in
the State of Florida. All such time shall be covered by City insurance, unless the member is engaging in
acts of bad faith,malicious purpose,or wanton and willful disregard of human rights,safety,or property.
Section 5. Section 627.7491, Florida Statutes — Official law enforcement vehicles; motor vehicle
insurance requirements:
This statute took effect on July 1, 2022 and requires police departments to maintain auto insurance
coverage to cover their vehicles when an officer travels to or from work in a take home vehicle. The City
has the necessary insurance in place to comply with this statute. The coverage must also cover the time
an officer travels to and from any other work assignment in the take home vehicle. However,there are
two exceptions:
1. Coverage is not required if the officer makes any "distinct deviation for a nonessential personal
errand."
a.The City and Union define"distinct deviation"as any personal use of a Take Home Vehicle
other than de minimis use along the member's normal commute route. For example,
stopping at a convenience store, bank, or fast food restaurant on a member's
reasonable commute route is considered de minimis.
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2. Coverage is not required if the officer "acts in bad faith or with malicious purpose or in a
manner exhibiting wanton and willful disregard of human rights, safety, or property."
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ARTICLE 34
OFF-DUTY DETAILS
All off-duty details (worked performed for a second-party employer) require prior written approval by
the Chief of Police(or Designee). Police Department Index Code 712 applies except as modified in this
Article. Sworn Law Enforcement Officers in positions outside of PBA bargaining units are not prohibited
from participating in the off-duty details program.
The City will continue coordinating off-duty details. The net rate of pay for off-duty details paid to the
officer will be set by the PBA, but no less than fifty dollars ($50.00) per hour with a three (3) hour
minimum. PBA may change this rate at any time with a minimum of fifteen(15)calendar days of written
notice to the City.
The City will act as the conduit for payment for off-duty details from the second-party employer to the
officer. Payment to the officer is contingent on collection from the second-party employer.
Any payments for off-duty detail work performed on behalf of a second-party employer shall not be
considered compensation for pension calculation purposes'.
Each officer working an off-duty detail is deemed to be an independent contractor of the second-party
employer. However,police officers on off-duty details shall be permitted to utilize a City police uniform,
radio, and vehicle. For such usage, the City shall receive $7.00 dollars per hour for every detail worked
to offset equipment costs.
Details shall be assigned only to those officers who are off duty and no officer shall accept any off-duty
detail when it interferes with his/her normal working hours. No swap of time is permitted to
accommodate an off-duty detail.
Each officer, while working off-duty details, shall adhere to City conduct standards. Any misconduct or
breach of policies,rules and regulations will be handled through the Department the same manner as any
on-duty activity.
Any police officer who is on sick leave, workers' compensation or working light duty will not work any
off-duty detail during that period.
s(4)"Compensation"or"salary"means,for non-collectively bargained service earned before July 1,2011,or for service earned
under collective bargaining agreements in place before July 1,2011,the total cash remuneration including"overtime"paid by
the primary employer to a police officer for services rendered.but not includina any payments for extra duty or special detail
work performed on behalf of a second party employer.§185.02,Fla.Stat.Ann.
BB Pension Code:Compensation or salary. The total cash remuneration including lump sum payments for accumulated sick
and vacation leave and"overtime"paid by the primary employer to a police officer for services rendered,but not includina
ay payments for extra duty or a special detail work performed on behalf of a second party employer paid directly to the
police officer by the second party employer.
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Any police officer on leave due to disciplinary matters shall not work off-duty details during the period
of that suspension or removal from active duty.
Any police officer may not work more than twenty-four(24) hours of overall off-duty details during any
seven (7) day work period. Exceptions are granted when officer is on vacation (for a minimum of forty
(40)consecutive hours);then the twenty-four(24)hour limitation may be exceeded.
The Police Chief may suspend an employee's right to work off-duty details as a component of disciplinary
action oras a component of a Performance Improvement Plan as a result of a conduct violation committed
while on an off-duty detail.
All Bargaining Unit Members assigned to cover off-duty details may report directly to their assignment
without prior checking in or out at the police station; however, members must advise a supervisor
personally or by radio. Bargaining unit members assigned to an off-duty detail shall comply with all
current City and Department policies and procedures in effect.
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ARTICLE 35
PENSION
Section 1. Bargaining unit members are members of the City's Police Officers' Pension Fund. Eligibility,
contributions, benefits, and other provisions of the Pension Fund shall be governed by the applicable
ordinance.
Recent Historical Changes Durine Bareaining
• Bargaining Unit Members hired on or after October 1, 2015, will have a pension multiplier of
three percent (3%).
• The vesting period for Police Officers and Detectives hired on or after October 1, 2016, is ten
(10)years.
• Upon ratification of the Agreement ending September 30, 2019,the City and the Union conformed
to the statutory requirement to negotiate provisions of SB 172, codified as Laws of Florida 2015-39
by entering into a Mutual Consent Agreement, which provided that the Union would pay the City a
total of$60,000 in $30,000 increments in November 2017 and November 2018.
• Employees hired on or after October 1, 2016: Early Retirement/Deferred Vested Retirement—50
years of age with 10 years of credited service.
• ALL: Maximum Retirement Benefit shall not exceed eighty-five percent (85%) provided that, in all
cases,the benefit is at least 2.75%for each year of service.
• DROP— Effective October 1, 2022, all active members are eligible to participate in an eight (8) year
DROP with a seven percent (7%) guaranteed interest rate on their full DROP balances. Members are
required to resume contributions at three percent(3%)for years six(6)through eight(8)of the DROP,
if they opt to participate. Active members who have already entered the DROP are eligible to extend
their DROP provided they are not required to separate from service prior to October 1, 2022.
• Effective October 1, 2024, the normal retirement eligibility is from the completion of the earlier of
attainment of age 55 with at least 10 years of credited service or completion of 20 years of credited
service regardless of age.
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ARTICLE 36
NO STRIKE OR LOCK-OUT
Section 1. "Strike"means the concerted failure to report for duty,the concerted absence of Captains
from their positions, the concerted stoppage of work, the concerted submission of resignations, the
concerted abstinence in whole or in part by any group of Captains from the full and faithful performance
of their duties of employment with the City,participation in a deliberate and concerted course of conduct
which adversely affects the services of the City, picketing or demonstrating in furtherance of a work
stoppage, either during the term of or after the expiration of a collective bargaining agreement.
Section 2. Neither the Union, nor any of its officers, agents and members, nor any employee
organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or
condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing,
or any other interruption of the operations of the City.
Section 3. Each Captain who holds a position with the City occupies a position of special trust and
responsibility in maintaining and bringing about compliance with this Article and the strike prohibition
in section 447.505, Florida Statutes and the Constitution of the State of Florida. Accordingly,the Union,
its officers, stewards and other representatives agree that it is their continuing obligation and
responsibility to maintain compliance with this Article and the law, including their responsibility to abide
by the provisions of this Article and the law by remaining at work during any interruption which may be
initiated by others; and their responsibility, in event of breach of this Article or the law by other
employees and upon the request of the City,to encourage and direct employees violating this Article or
the law to return to work, and to disavow the strike publicly.
Section 4. Any or all Captains who violate any provisions of the law prohibiting strikes or of this
Article may be dismissed or otherwise disciplined by the City.
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ARTICLE 37
WORKERS'COMPENSATION AND LEAVES OF ABSENCE
Section 1. Workers'Compensation
A. A bargaining unit member covered by Chapter 440, Florida Statutes, Workers'
Compensation, and in accordance with provisions set forth hereunder, shall be authorized to be
absent from work due to injury or illness incurred while on duty, and directly related to work
performed, until(s)he reaches maximum medical improvement or 104 weeks, whichever comes
first.
B. The City is self-insured for Workers' Compensation. The City's Risk Management Division
coordinates claims management for work-related injuries and illnesses. For information and
policies regarding Workers'Compensation, contact the Risk Management Division.
C. Members who are unable to work due to a work-related injury or illness are entitled to have their
workers' compensation payments supplemented for up to ninety (90) days to ensure they
receive one hundred percent (100%) of their normal base pay, unless otherwise negotiated in a
workers' compensation hearing.
D. The City follows the provisions of Chapter 440, Florida Statutes, Workers' Compensation.
Bargaining Unit members who require follow-up medical treatment are required to attend
appointments while off duty. In the event a Bargaining Unit member needs to attend an
appointment while on duty, due to scheduling conflicts identified by Command Staff, the
member must use his/her available Sick Leave or compensatory time and vacation time if the
member has no available Sick Leave.
E. Reporting Work-Related Injuries/Illnesses:
1. An employee who sustains a work-related injury or illness is required to immediately notify
his/her supervisor and/or the Risk Management Division. Notification to the Risk
Management Division is made 24/7 by calling: (561) 742-6677 or e-mailing:
riskmanagement@bbfl.us. An employee who fails to promptly notify his/her supervisor or
the Risk Management Division is subject to disciplinary action, including termination of
employment.
F. FMLA in Coniunction with Workers' Compensation:
1. To the extent permissible by Law,the City designates lost time in conjunction with a workers'
compensation claim as FMLA for members who meet the eligibility requirements and who
have not yet exhausted their rolling 12-month hours' entitlement.
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Section 2. Modified Work(Light Duty)
Modified Work Assignments(Workers' Compensation):
1. An employee who has been released to work with restrictions may be
accommodated with a modified work (light duty) assignment at the discretion of
the Division Director of Risk Management (or Designee) in consultation with the
Police Chief (or Designee). An employee may choose to accept or decline the
modified work assignment. If an employee declines an offer of a modified work
assignment, the employee will be required to remain at home until released to full
duty with no restrictions,and during this time, (s)he will be required to use accrued
and available leave time in the following order: sick and vacation. Additionally, an
employee who declines an offer of a modified work assignment and who meets the
eligibility requirements for leave under FMLA will have his/her time off
automatically designated as FMLA.
a) For more information regarding modified work as it pertains to Workers'
Compensation, contact the Risk Management Division.
Modified Work Assignments(Other):
1. The City complies with the Americans with Disabilities Act Amendments Act
(ADAAA) to provide reasonable accommodations to employees who request them
and are qualified. An employee may request an accommodation and/or more
information by contacting the Human Resources Department.
Section 3. Leaves of Absence
Family and Medical Leave Act(FMLA):
1. An employee who has worked for the City for at least twelve(12) months and who
has worked at least one thousand two hundred fifty (1,250) hours in the
preceding twelve(12) months is eligible to request job-protected leave under FMLA
for qualified reasons as defined by the law.
2. Requests for leave under FMLA must be submitted in writing on the designated
form to the Human Resources Department. Leaves under FMLA are approved by
the Director of Human Resources and the City Manager. Human Resources may
designate as FMLA an eligible employee's qualified leave, including lost time due to
a Workers' Compensation claim.
(a) For more information regarding leave under FMLA, contact the Human
Resources Department.
Americans with Disabilities Act Amendments Act(ADAM):
1. An employee may be entitled to leave as an accommodation for his/her disability
under the ADAM.
(a) For more information regarding a leave accommodation under ADAAA,
contact the Human Resources Department.
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Military Leave:
1. The City complies with Military Leave pursuant to the Uniformed Services
Employment and Reemployment Rights Act (USERRA)and section 115.07, Florida
Statutes.
2. An employee must immediately notify the Human Resources Department upon
notice of his/her need for Military Leave.
(a) For more information regarding Military Leave, contact the Human Resources
Department.
Leave of Absence(Other):
1. An employee who is not eligible for leave under FMLA, ADAAA, or Military Leave
may request a Leave of Absence for up to ninety(90) days.
2. A request for a Leave of Absence must be submitted in writing to the City Manager
via the Director of Human Resources. The City Manager, in consultation with the
Director of Human Resources and the Police Chief (or Designee), will consider an
employee's request for a Leave of Absence on a case- by-case basis with the
operational needs of the City being a primary factor in whether or not the leave may
be granted. An employee who is on an approved Leave of Absence is subject to
being recalled to service upon notice of the City Manager (or Designee). The City
Manager's determination is final and is not subject to further review, appeal,
grievance, or arbitration process.
3. Any approved Leave of Absence will require an employee to utilize his/her paid leave
time in the following order: compensatory time, vacation, and sick. Once the
employee has exhausted all available accrued time, the remainder of the Leave of
Absence will be without pay. An employee will not accrue vacation or sick hours
while on a Leave of Absence. The employee is responsible for the full cost of
insurance premiums for work weeks in which (s)he is in an unpaid status for more
than twenty-four(24) hours.
Paid Parental Leave:
The Union and the City agree to the Paid Parental Leave (PPL) provisions.
1. Qualifying Events:
i. Birth of a child.
ii. Adoption of a child.
iii. Foster Care Placement.
2. The Union and City agree that employees may qualify for four (4) weeks of Paid
Time Off in conjunction with approved FMLA submission,which would begin the
day the child was born or placed in custody with the employee.
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3. The employee must submit proof of birth or placement within five (5) business
days of the child's birth or placement.
4. The employee shall submit all required documentation needed for this provision
within the provided timelines.
5. Paid Parental Leave shall remain in effect until such date as the City removes this
benefit from the Employee Handbook.
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ARTICLE 38
QUALIFICATIONS FOR A BARGAINING UNIT POSITION
Section 1. Qualifications
Eligibility for hiring or promotion to a position in the bargaining unit shall be as follows:
(a) Recruitment for the rank of Police Captain will be posted internally and externally.
(b) Internal candidates must have:
• 1)Three(3)years of continuous experience as a Police Sergeant with the Boynton
Beach Police Department; and
• 2)Bachelor's Degree(Incumbents in the Police Captain position on or by the date
of ratification of this Agreement are exempt from meeting the Bachelor's Degree
requirement.); and
• Otherwise qualified candidates who do not possess a Bachelor's Degree
must have five (5)years of continuous service as a Police Sergeant with
the Boynton Beach Police Department to be promoted to the rank of
Captain. If promoted, the member will be required to obtain their
Bachelor's Degree within four (4) years of their promotion date. If the
member does not obtain their degree within the aforementioned
timeframe,they will be subject to demotion at the discretion of the City
Manager.
• 3) Must possess and thereafter maintain FDLE certification; and
• 4) Must possess and thereafter maintain a valid Florida driver's license.
(c) External candidates must meet the qualifications listed above except that they must have
held, at minimum, the rank of Police Sergeant with a municipal, county, or state police
agency for a period of no less than five(5)years and must be a certified law enforcement
officer within the State of Florida.
(d) External candidates shall only be considered for hire when there are no qualified internal
candidates who passed the promotional process to fill the number of vacant positions.
Section 2. Veterans'Preference
The City complies with all Veterans' Preference requirements pursuant to Chapter 2021-57, Laws of
Florida and section 295.07, Florida Statutes.
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ADDENDUM"A"
DRUG FREE WORKPLACE POLICY
PURPOSE AND SCOPE
This policy establishes the City's commitment to maintaining a drug-free workplace in compliance with
section 440.102, Florida Statutes, and Florida Administrative Code 59A-24, which the City adopts by
reference. The City recognizes that substance abuse poses significant health, safety, and security risks to
employees,visitors,and the community we serve.
POLICY STATEMENT
The City prohibits the use, possession, distribution, dispensation, manufacture, or sale of illegal drugs,
unauthorized controlled substances,alcohol,or drug paraphernalia on City premises,in City vehicles,or while
conducting City business. Employees must not report to work or remain at work while under the influence of
alcohol or drugs that impair their ability to perform job duties safely and effectively.
TESTING CIRCUMSTANCES
The City may require drug testing under the following circumstances:
• Pre-employment
• Reasonable suspicion
• Post-accident or injury
• Follow-up testing after completion of a rehabilitation program
• Random testing for safety-sensitive positions
• Fitness for duty
IMPAIRED EMPLOYEES
An employee reporting for work visibly impaired shall be considered unable to perform the required duties
properly and will not be allowed to work. If possible, the supervisor should first seek another supervisor's
opinion of the employee's condition.Then the supervisor,together with a representative from the Personnel
Department, should consult privately with the employee to rule out any problem(s) that may have been
caused by prescription drugs.
If, in the opinion of the supervisor and a representative of the City Manager's office,the Personnel Director,
or their department representative, the employee is considered impaired, the employee should be sent
home after drug testing by a medical facility. If the need for testing arises when no medical facility is open,
then the employee will be tested by a qualified vendor, which is selected by the City and has the sole
responsibility for testing administration.Transportation shall be arranged by taxi or other safe transportation
alternative,depending on the determination of the observed impairment, accompanied by the supervisor or
another employee if necessary. An impaired employee shall not be allowed to drive. The prescribed test
direction form shall be completed by the supervisor.
When an off-duty employee is called back to work and that employee has consumed alcoholic beverages
within four (4) hours, that employee shall disclose such use and decline callback. An employee shall not be
disciplined for refusing to respond to a callback when such employee has a reasonable belief that they could
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not pass an alcohol blood level test. Employees who are on standby may be subject to a callback and should
not engage in social drinking, and may not decline a callback without being subject to discipline.
PRESCRIPTION MEDICATIONS
Prescription drugs prescribed by the employee's physician may be taken during working hours.The employee
shall notify the supervisor if the use of properly prescribed drugs will affect the employee's work
performance.Abuse of prescription drugs will not be tolerated.
CONSEQUENCES OF POLICY VIOLATIONS
Refusal to Test
a. An employee who refuses to submit to a drug test will be subject to discipline, up to and including
termination. The employee may also forfeit eligibility for all workers' compensation medical and indemnity
benefits.
b.A job applicant who refuses to submit to a drug test will not be hired.
Positive Test Results
The City may institute disciplinary action, up to and including termination, for any employee with a positive,
confirmed drug test.
EMPLOYEE ASSISTANCE PROGRAM (EAP)
The City provides an Employee Assistance Program(EAP)that offers confidential assessment,counseling,and
referral services for employees dealing with substance abuse issues.
It is the responsibility of the City's supervisors to counsel with an employee whenever they see changes in
performance that suggest an employee problem.The supervisor may suggest that the employee voluntarily
seek help from the EAP or decide that the severity of the observed problem is such that a formal referral to
the EAP should be made.
An employee's voluntary decision to seek assistance from the EAP prior to any incident warranting
disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding.
On the other hand, using the EAP will not be a defense to the imposition of disciplinary action where facts
establishing a violation of this policy are obtained outside of the EAP.Accordingly,the purpose and practices
of this policy and the EAP are distinctly separate in their applications.
CITY-SPONSORED EVENTS EXCEPTION
This policy shall not apply to City-sponsored events at which alcohol may be served. "City-sponsored events"
means official functions organized,funded,and approved by City administration or the City Commission that
are held for ceremonial, celebratory, or community engagement purposes. These include official functions
such as annual employee recognition ceremonies, retirement celebrations, holiday parties, community
festivals or celebrations where the City is the primary organizer, ribbon-cutting ceremonies, economic
development events, and official receptions for dignitaries or special guests. All employees are expected to
consume alcohol responsibly at such events and arrange for safe transportation if alcohol is consumed.The
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exception does not apply to members who are on duty, in uniform while off duty, or carrying a firearm,
regardless of duty status.
CONFIDENTIALITY
All information, interviews, reports,statements,memoranda, and drug test results shall be kept confidential
to the extent permitted by Florida law.
METHOD(S)OF REPORTING
Employees may report violations of this policy to Internal Affairs.
PREVAILING AUTHORITY
This policy is intended to comply with section 440.102,Florida Statutes,and Florida Administrative Code 59A-
24. In the event of any conflict between this policy and applicable Federal,State,or local laws or regulations,
including but not limited to section 440.102, Florida Statutes, and Florida Administrative Code 59A-24, the
provisions of such laws or regulations shall control and take precedence. Any provision of this policy found
to be contrary to or inconsistent with applicable law shall be deemed modified to the extent necessary to
comply with such law.
CONFLICTS
In the event of any conflicts between this policy and a collective bargaining agreement, the terms of the
collective bargaining agreement shall control. Nothing in this policy shall be construed to supersede, modify,
or nullify any terms and conditions outlined in a collective bargaining agreement.Where this policy provides
a benefit not addressed in a collective bargaining agreement, eligible employees may still receive such a
benefit.
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ADDENDUM "B"
TUITION ASSISTANCE PROGRAM
PURPOSE
To provide financial assistance to eligible full-time regular employees enrolled in undergraduate or graduate
degree programs at accredited institutions when the City determines such education to be directly beneficial
to the employee's current job or for advancement within their career path. This program is funded when
appropriated and approved in the City's Police Department's annual budget, but will be funded at a minimum
of$45,000 for the term of this agreement.
SCOPE(Modified for PBA Captains)
Eligible participants include:
• Full time, non-probationary, employees covered under a PBA Collective Bargaining Agreement.
• Employees must be "in good standing" with the City at the time of application through the time of
reimbursement in order to receive reimbursement through this program.
Ineligible participants:
• Employees not "in good standing" with the City.
DEFINITIONS
1. Accredited college or university: A college or university documented in the U.S. Department of
Education's Office of Postsecondary Education Database of Accredited Postsecondary Institutions
and Programs.The Director of Human Resources reserves the right to consider and approve or
deny any institution not listed in this database.
2. Full-time: An employee in a job classification designated as full-time and scheduled to work a
minimum of thirty(30) hours per workweek.
3. "In good standing": An eligible employee who:
o Is actively employed from program enrollment through reimbursement.
o Has not been in an unpaid leave status of more than sixteen(16) hours for any calendar week
during this period.
o For one (1)year before enrollment through reimbursement, has not received sustained
discipline of an unpaid suspension exceeding twenty-four (24) hours or three (3) days and
has not been demoted for disciplinary reasons.
4. Non-probationary: An employee who has completed their initial probationary period. Employees
on probation solely due to promotion or reclassification who have been employed full-time with
the City for more than one (1) year are considered "non-probationary" for this policy.
POLICY
• The City's Human Resources Department coordinates the program. Eligible employees must enroll,
follow all procedures, and sign a Program Agreement acknowledging program requirements and
obligations which are set forth herein.
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• Each fiscal year this program is funded,the Director of Human Resources will establish eligible
reimbursement expenses and amounts,setting the fiscal year maximum reimbursable amounts per
person.These amounts will be listed on the then-current Enrollment Form and Program
Agreement.
• Applications are considered in order of receipt.Available funds will be reimbursed until the end of
each funded fiscal year or until funds are exhausted.
• The Director of Human Resources is responsible for interpreting and administering this policy.
Participation is voluntary,and no aspect of this policy or program is subject to any grievance or
appeal process.
A.Standard Reimbursement Program
The standard tuition assistance program applies to all eligible employees enrolled in Associate, Bachelor's,
or Graduate degree programs:
1. Credit Hour Limitation: Maximum of twelve (12) credit hours per funded fiscal year, except for
approved accelerated graduate programs as outlined below.
2. Reimbursement Amounts: Based on degree type (Associate, Bachelor's,or Graduate) and
established each fiscal year by the Director of Human Resources.These maximum reimbursement
amounts will be listed on the current participation forms.
3. Textbook Reimbursement: Maximum amount established each fiscal year by the Director of
Human Resources.
B. Funding and Reimbursement Cycles
Program funding is split into two pools based on typical academic calendars:
• Reimbursement Period One: For courses between August and December
o Reimbursement Application deadline:January 31st
o Reimbursement issued in February
• Reimbursement Period Two: For courses between January and July
o Reimbursement Application deadline: August 31st
o Reimbursement issued in September
If funding remains available after processing Period Two Reimbursements,eligible but unreimbursed Period
One applications may be reconsidered.
C. Ineligible Courses
The following courses are ineligible for reimbursement under all circumstances:
• Courses covered by non-refundable financial aid, scholarships,or other governmental assistance.
• Seminars.
• Internships.
• Courses earning only Continuing Education Units(CEU5).
• Exam preparation courses or entrance exams.
• Courses taken as"audit only."
• Courses graded only as "Pass/Fail."
• Courses issuing credit only as"Life Experience" and/or"Portfolio."
• Courses fulfilling only physical education or sexual education requirements.
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• Courses not part of an employee's approved degree program.
• Courses taken by employees not enrolled in a degree program.
D. Reimbursement Structure
Reimbursement percentage for courses and textbooks is determined by course grade:
• A= 100%
• B = 75%
• C = 50%
• D or F = 0% (ineligible for reimbursement)
Additional stipulations:
1. Employees receiving "Incomplete" or who withdraw from a course are ineligible for
reimbursement.
2. Tuition assistance up to the IRS maximum in any calendar year is excluded from tax; any amount
above this will be treated as taxable income.
3. Employees who separate from employment for any reason other than City-initiated layoff or
termination within twenty-four (24) months after receiving assistance authorize the City to deduct
reimbursement amounts from any payout otherwise due. Employees ineligible for payout or with
insufficient payout value must repay the City.
4. Deadlines are non-negotiable and will not be extended. Employees are solely responsible for
submitting all required documentation in a timely manner.
ACCELERATED GRADUATE PROGRAM REIMBURSEMENT
All policies and procedures applicable to the Standard Reimbursement Program apply to the Accelerated
Graduate Program, except to the extent modified below.
A. Definition of Accelerated Graduate Program
An accelerated program is one where a graduate degree is completed in a shorter time than the traditional
academic schedule, involving more intensive coursework and/or a compressed study timeline.
To qualify,the program must:
• Maintain the same total credit hours as the traditional program version
• Lead to an identical degree or credential
• Meet all accreditation standards applicable to the traditional program
Required documentation includes:
• Official accelerated program curriculum outline
• Official degree completion plan documenting the timeline
• Program materials detailing course load and intensive schedule
• Verification from the institution's registrar explicitly stating the accelerated nature of the program
compared to the traditional timeline
Programs that do not meet all criteria will not qualify for accelerated program benefits. The City reserves
the right to request additional documentation.
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B. Enhanced Funding for Accelerated Graduate Programs
Employees enrolled in qualifying accelerated graduate degree programs will be eligible to receive double
the maximum allowable reimbursement amount for tuition and textbooks within a given fiscal year:
1. Tuition and Fees Reimbursement:
o The total maximum allowable reimbursement for tuition and fees will be doubled from the
standard graduate program amount.
2. Textbook Reimbursement:
o The maximum allowable textbook reimbursement will also double the standard amount.
3. Credit Hour Limitation:
o Employees enrolled in accelerated graduate programs will be eligible for reimbursement
for no more than 24 credit hours per funded fiscal year, regardless of the number of credits
attempted or completed.
C. Eligibility Requirements for Accelerated Graduate Programs
• Employees must submit an official enrollment plan showing the program's accelerated nature and
condensed timeline.
• Employees must demonstrate they remain on track to complete the program within the outlined
timeframe.
• Proof of continued progress and enrollment must be provided each semester/term
• Employees must meet the same grade requirements as outlined in this policy.
D.Application Process for Accelerated Graduate Programs
• Employees will follow the same application process as other participants.
• Enrollment in an accelerated graduate program must be clearly indicated on the Enrollment Form.
• Documentation must reflect the shortened timeline and increased coursework load and
demonstrate continued progress toward completion.
PROCEDURES
A.This program will be capped at an aggregate budget of$45,000 per fiscal year for the term of this
Agreement.
B. Eligible employees seeking reimbursement must submit an Enrollment Form and Program Agreement.
The Enrollment Form allows Human Resources to evaluate eligibility, while the Program Agreement
confirms the employee understands the program and their obligations.
C. Forms must be submitted each funded fiscal year of participation. No reimbursement will be considered
without current approved forms.
Submission and Processing:
1. Human Resources will log and review completed forms to confirm eligibility.
2. Employees will receive written notification of approval or denial.
3. A separate reimbursement application is required for each course, and it is accepted on a rolling
basis per reimbursement period.
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4. Applications with required documentation must be submitted via email to hr@bbfl.us with the
subject line "Tuition Assistance Program."
5. Human Resources will review applications in the order received and process reimbursements
accordingly.
PROGRAM PARTICIPATION AND REIMBURSEMENT ELIGIBILITY
• Applications will be considered for courses beginning on or after August 1st or January 15`, as
applicable.
• All documentation must be received within thirty (30) days following the last date of the
term/session. No reimbursements will be processed outside the fiscal year.
• Copies of original receipts are required. Failure to provide proper documentation results in
ineligibility.
• Reimbursement amounts will be based on degree type (Associate, Bachelor's, or Graduate) and
established each fiscal year by the Director of Human Resources.
• Reimbursement will cover eligible tuition, fees, and required textbooks, with the maximum amount
determined by course grade.
• No employee will be reimbursed for more than twelve (12) credit hours per funded fiscal year,
except for approved accelerated graduate programs as outlined below.
• Maximum reimbursement amounts per degree type and for textbooks will be established each
fiscal year and listed on the current participation forms.
• Participants must remain "in good standing" with the City, as defined above,throughout the
program.
TAX IMPLICATIONS FOR ALL TUITION REIMBURSEMENT PROGRAMS
• The IRS allows a certain amount in educational assistance benefits to be excluded from an
employee's taxable income per calendar year under Section 127 of the Internal Revenue Code.
• Any reimbursement amount exceeding the IRS exclusion limit in a calendar year will be:
o Reported as taxable income on the employee's W-2 form.
o Subject to applicable federal and employment tax withholdings.
o Reflected in the employee's regular payroll processing.
• The City will:
o Track cumulative reimbursements per calendar year.
o Process applicable tax withholdings for amounts exceeding the tax-free threshold.
o Report taxable educational benefits on employee W-2 forms.
o Provide notice to employees when their reimbursements approach the tax-free threshold.
• Employees acknowledge that acceptance of tuition reimbursement may result in additional taxable
income and associated tax liability.
• This applies to all participants and may particularly impact accelerated graduate program
participants due to their higher reimbursement amounts.
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SIGNATURE PAGE
Agreed to this \ day of r.PcNYI'Y\1e7 2025, by and between the respective
Parties through the auth j ' •d representatives of the PBA and the City.
PALM BEACH COUNTY
_...._ 1
' POLICE BEN LE AS IATION
C,nL4' •�i_ / By:it John Kazan, President
//Ale. By: /v JAIl
Witn ,i Katie Mendoza, Legal Coun el
CITY OF OYNTON BEACH
'. _ .ii � A �. ' ► � By:
Witne ' Rebecca Shelton, Mayor
�
kLrl'1/1M. A
Witness V „/
Maylee,D sus,.;/11‘1(y
APPROVED AS TO FORM % lerAND CORRECTNESS:
Daniel Dugger, City Manager `-j(NTO/li‘`‘
Qu//I`! Xf O. 3si RA r4- —*
Shawna G. Lamb ; o SEA $
RPORATED; �
City Attorney Iii+ ';. 1920
1, •`% FI.O \`
Ratified by City Commission Ratified by Union ��"
%Ig o I g, 26aS g itotz.G
Date I i Date
66