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R02-210RESOLUTION R02- o~ IO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOY-NTON BEACH, FLORIDA AND THE POLICE BENEVOLENT ASSOCIATION - LIEUTENANT'S UNIT FOR THE PERIOD FROM OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2003, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Police Benevolent Association - Lieutenant's Unit have successfully concluded negotiations for a one year and WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; WHEREAS, the City Commission of the City of Boynton Beach deems it to be in best interests of the residents and citizens of the City to ratify the Agreement and the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does ratify the Agreement between the City of Boynton Beach and the Police mt Association (PBA) - Lieutenant's Unit for the period fi.om October 1, 2002 September 30, 2003, and authorizing and directing the Mayor and City Clerk to the Agreement, which is attached hereto. Section 2. This Resolution will become effective immediately upon passage. :\CAhqESO~Agreements~BBPD~PBA. Lts Agr. doc PASSED AND ADOPTED this ~ day of December, 2002. CITY 0 ?OYN~OJ~ ~,mCH, FLORIDA C~6m- ~s~e~ / Commissioner ..... :\CA~RESO~AgreementsXBB pD~PB A_Lts Agr. doc AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND POLICE LIEUTENANTS POLICE BENEVOLENT ASSOCIATION October 1, 2002 - September 30, 2003 TABLE OF CONTENTS Article Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Preamble ..................................... Recognition .................................. No Strike or Lock-Out ........................ Non Discrimination ........................... Dues Deduction ............................... Union Time Pool .............................. PBA Representation ........................... Bulletin Boards .............................. Information Requests/Reproduction.. Rights of Lieutenants Under Investigation .... Legal Benefit ............................... Management Rights ............................ Discipline and Discharge ..................... Subcontracting ............................... Rate of Pay .................................. On Duty Injuries ............................. Call Back Pay ................................ Bereavement Leave ............................ Sick Leave ................................... Vacation ..................................... Holidays ..................................... Funeral Expenses ............................. Medical Expenses ............................. Uniforms ..................................... Training ..................................... Personnel Records ............................ Solicitations ................................ Safety and Health ............................ Use of City Facilities ....................... Hours of Work and Overtime ................... Shift Selection .............................. Seniority .................................... Transfers and Shift Changes .................. Group Insurance .............................. Tuition Reimbursement ........................ Departmental Policies, Rules & Regulations... Off Duty Police Employment ................... Grievance and Arbitration Procedures ......... Past Practices ............................... Personal Vehicles ............................ 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 24 27 29 30 31 33 34 36 37 38 39 40 41 42 43 44 46 47 48 53 54 40 41 42 43 44 45 Promotions ................................... Savings Clause ............................... Temporary Assignment ......................... Chemical Testing ............................. Entire Agreement ............................... Duration of Agreement ........................ Signature .................................... 55 56 57 58 59 60 61 PREAMBLE Section 1. This agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City", and the Police Benevolent Association , hereinafter referred to as the "PBA" or the "Union". It is the intent and purpose of this Agreement to create a sound and mutually beneficial working and economic relationship between the parties hereto; to provide an orderly, prompt, and peaceful means of resolving disputes involving interpretation or application of this Agreement; and to set forth basic and full agreement between the parties concerning wages, hours, terms and conditions of employment. ARTICI.E 1 RECOGNITION Section 1. The City of Boynton Beach hereby recognizes the PBA as the exclusive collective bargaining agent with respect to wages, hours and other terms and conditions of employment for all employees in the bargaining unit. Section 2. The bargaining unit for which this recognition is accorded is as defined in the certification granted by the Public Employees Relations Commission and comprises all full-time police lieutenants, except those lieutenants assigned as the public information officer with the City of Boynton Beach. Excluded are all other employees of the City. -3- ARTICLE 2 NO STRIKE OR LOCK-OUT Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Lieutenants 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 Lieutenants 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, agent 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 Lieutenant 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 Florida Statutes 447.505 and the Constitution of the State of Florida, Article 1, Section 6. Accordingly, the Union, its officers, stewards and others responsible 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 the event of breach of this Article or the law by other employees violating this Article or the law to return to work, and to disavow the strike publicly. -4- Section 4. Any or all Lieutenants who violate any provisions of the law prohibiting strikes of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall not be grievable or arbitrable under the provisions of Article 37 Grievance and Arbitration Procedures. -5- ARTICLE 3 NON-DISCRIMINATION Section 1. It is agreed that no employee shall be discriminated against, as prescribed by State or Federal laws, in their employment because of race, creed, color, sex, age, national origin, marital status, physical handicap or membership or non-membership in the Union. Section 2. Any claim of discrimination by an employee under this Article may be brought with the appropriate governmental agency, but may not be grieved under this Agreement. Section 3. The Union shall not discriminate against any bargaining unit member who fails to join the Union. Section 4. The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall work jointly to eliminate discriminatory conduct in the work place. To that end, the City and the Union agree that bargaining unit members 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. -6- ARTICLE 4 DUES DEDUCTION Section 1. Any employee covered by this Agreement may authorize a payroll deduction for the purposes of paying Union dues. Such authorization shall become effective upon acceptance by the City of a fully executed dues deduction form from the employee. Employees who are currently members of the bargaining unit need not execute a new dues authorization card. Section 2. The Union will notify the City as to the amount of dues. Such notification to the City shall be from an official of the Union. Changes in Union membership dues will be certified to the City at least thirty (30) days prior to the effective date of the change. Section 3. Dues will be deducted each pay period and such monies shall be remitted to the Union treasurer or designee once per month, not later than fourteen days after the end of the month. Section 4. The effective date of deducting dues shall be the beginning of the pay period following the day the dues deduction form is signed. The effective date for stopping dues deduction shall be at the beginning of the pay period thirty (30) days following the date the revocation form is received by the City. Section 5. The Union will indemnify and hold harmless the City against any claims brought against the City based on payroll deductions of dues as provided in this Article. -7- ARTICLE 5 UNION TIME POOL Section 1. The City shall create a time pool of ninety-six (96) hours for utilization by designated union representatives for the conduct of union business within and outside of the City. The use of the time pool shall be limited to activity by the union representatives for the following: A. to assist a bargaining unit member who is required to appear at a heating related to a grievance; B. to assist a bargaining unit member who is presenting or responding to a grievance; C. to assist a bargaining unit member who is subject to interrogation in conjunction with an internal affairs investigation; and D. to assist a bargaining unit member at a pre-determination heating. E. Unit members must use time pool if 15 minutes or more is required. Section 2. In addition, members of the bargaining unit may donate vacation time in two (2) hour increments, (on a form designated by the City) not to exceed eight (8) hours each per year to the Union Time Pool. Section 3. Union representatives shall be released from duty upon reasonable notice to the Department and upon the approval of the division commander. If the needs of the Department do not permit the release of a particular employee as requested, the release of an alternative member during the desired time shall be provided. ARTICLE 6 PBA REPRESENTATION Section 1. Neither party in negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. The parties shall, at their first bargaining session, exchange a list of bargaining team members. Section 2. The City shall recognize up to two (2) PBA representatives for the purposes of bargaining and any bargaining team members shall be permitted to attend bargaining sessions which may occur during their regular tours of duty without any loss of pay. The City shall not be required to provide overtime to any employee attending negotiations. Section 3. The parties agree that the PBA may establish a system of stewards providing for a chief steward and an individual steward on each shift and division represented by the bargaining unit. Stewards on duty shall be permitted reasonable release time with pay upon approval of the division commander for the purpose of processing any individual grievance or assisting employees at investigatory or disciplinary interviews. Section 4. When acting in their capacity as PBA representatives within the Department and not on behalf of themselves, employees shall not be obligated to observe the departmental chain of command. A representative may not refer an issue outside of the department without first presenting it to a senior staff officer. This shall not relieve employees from observing the departmental chain of command except for receiving approval of release time with regard to their duty-related activities, notwithstanding their position as an PBA representative. -9- ARTICLE 7 BUI J.ETIN BOARDS Section 1. The Union shall be provided with the use of a Lieutenant's Union bulletin board space at one (1) location in the police building. Section 2. The Union agrees that it shall use the space on the bulletin boards only for the purposes of posting notices of Union meetings; notices and results of Union elections; reports of Union committees; rulings or policies of the Union; recreational and social affairs of the Union, and notices by public bodies. -10- ARTICLE 8 INFORMATION REQUESTS/REPRODUCTION Section 1. The City agrees to furnish to the Union president or designee, upon request at City cost, documents such as agendas, minutes, financial reports, etc., of the retirement fund, City Commission, and any other body of the City whose activities may impact on terms and conditions of employment of bargaining unit members. Access to any other records shall be governed by Florida Statutes, Chapter 119. ARTIC!.E 9 RIGHTS OF LIEUTENANTS UNDER INVESTIGATION Section 1. The City of Boynton Beach agrees that all rights due Law Enforcement Officers under investigation detailed and granted by the Florida Statutes, Section 112.532, 112.533, 112.534 will be observed and practiced. -12- ARTICLE 10 I.EGAL BENEFIT Section 1. The City agrees to abide by the provisions of Florida Statutes Sections 111.065, 111.07 and 768.28, in providing a legal defense or reimbursement for legal services to employees charged in criminal or civil actions arising out of the course and scope of their employment; provided, however, that the City shall not be required to pay a judgment when it has been established that the employee was engaged in conduct outside the scope of his/her employment. ARTICLE 11 -13 - MANAGEMENT RIGHTS Section 1. The Union recognizes that the City has the exclusive right to manage and direct the Police Department. Specifically, but not by way of limitation, the City retains the exclusive right to: A. Hire, promote, and lay off employees in accordance with the City of Boynton Beach Personnel Policy Manual. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. Do Establish and change the starting and quitting times and the number of hours and shifts to be worked. Jo Assign and reassign employees. Schedule and change the work to be performed by employees. Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement. Introduce new services, procedures, materials, facilities and equipment. Mandate physical, medical, and drug and alcohol testing in accordance with law. The City agrees to use State Certified Laboratories for all drag testing. Drug and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retesting shall be as set forth in Florida Administrative Code and the Drug Free Workplace Policy adopted by the City of Boynton Beach. Random selection shall be by computer generated selection, by an outside entity. Determine and change the equipment and materials provided to or not provided to employees. Add to or change the qualifications necessary for any job classification. Create, alter or disband any units based upon the needs of the Department as -14- determined by the Police Chief. If the City fails to exercise any one or more of the above functions from time to time it shall not be deemed a waiver of the City's fight to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. In the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented prior to resolution of the impact bargaining. -15- ARTICLE 12 DISCIPLINE AND DISCHARGE Section 1. Employees may be disciplined only for just cause. No employee shall be disciplined without notice of the charges setting forth the basis for such discipline. Section 2. Employees shall have the opportunity to appeal said disciplinary action in the manner set forth in Article 37 of this Agreement. Section 3. The parties recognize that timeliness of disciplinary action is an essential element of due process. Accordingly, no employee shall be subjected to disciplinary action unless a final disciplinary recommendation is made by the Police Chief within fourteen (14) days of the Chief's determination of the conclusion of the investigation. Section 4. No employee shall be subject to demotion, termination, or a suspension without pay of two days or more without first being afforded the right to a predetermination conference with the City Manager. ARTICLE 13 SUBCONTRACTING There shall be no subcontracting for the life of this Agreement. -21.6- ARTICLE 14 RATE OF PAY -:1_7- Section 1. Effective October 1, 2002, each Bargaining Unit Member shall have his/her base wage adjusted to $75,000, plus $1,000.00 for each completed year of service in rank as Lieutenant. This is a one time adjustment not subject to increase for additional accrued years of service during the term of the agreement. The adjustment for years in rank is not subject to pro-ration. Section 2. On April 1, 2003, each Bargaining Unit member will receive a 3.5% increase in salary, contingent upon a satisfactory performance evaluation. Section 3. Each Bargaining Unit Member shall receive a one time lump sum payment of $6,000, payable on ratification by the City of this Agreement. Section 4. Only those Bargaining Unit Members who are employed by the City on the date of ratification of this agreement by the City are eligible for the adjustments set forth in Sections 1, 2 and 3. -18- ARTICLE 15 ON-DUTY INJURIES Section 1. When an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Workers' Compensation Act, the employee shall be entitled to full regular pay. If the period of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal to the difference between his/her Workers' Compensation check and his/her normal net take home pay. Section 2. If the period of disability is greater than 180 days, the City may ask the Police Pension Board to review said employee's disability case for retirement due to disability. Section 3. After 180 days of disability, the employee shall be examined by a physician selected and compensated by the City to determine the likelihood of recovery. If the medical report indicates a likelihood of recovery, 180 days of additional leave may be granted and shall be made up from the affected employee's unused accrual time on the books. If the affected employee has no time on the books, other employees may donate any accrual time to the affected employee. If the medical report indicates the employee is permanently and totally disabled as a police officer, the City shall be authorized to terminate the employee for physical inability to perform. Section 4. The City shall have no obligation to establish light duty police work for employees disabled in the line of duty, if such work is not operationally or fiscally justifiable. -21.9- ARTICLE 16 CALL-BACK PAY Section 1. The Union and City agree that each Bargaining Unit member is an exempt status employee under FLSA, not eligible for overtime payments. Section 2. Employees will be called back to duty on the basis of seniority in the rank of lieutenant. ARTICLE 17 BEREAVEMENT LEAVE -20- Section 1. In the event of the death of the parent, foster parent, sibling, spouse, child, grandparent, grandchild, mother or father-in-law, sister or brother-in-law, grandparents of spouse or domestic partner whose name must be on file with the Department of Human Resources of the City and any permanent family member of the household such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive calendar days for any one death. However, if it is necessary for the employee to leave the State of Florida in connection with the funeral of the deceased, five (5) consecutive calendar days compassionate leave shall be allowed. Additional leave may be authorized by the Chief or his/her designee on a case-by-case basis, except that such additional leave shall be debited against the employee's accrued sick or annual leave. Section 2. Employees must verify in writing attendance at out-of-state funeral in order to be eligible for benefits under this Article. The City Manager may grant additional leave under this Section, except that such additional leave shall be debited against the employee's accrued sick or annual leave. -21- ARTICLE 18 SICK LEAVE Section 1. Employees shall earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave shall be in accordance with the Personnel Policy Manual. Bargaining unit members (or their beneficiaries in case of death) hired prior to October 1,1991 and are regular employees, shall be paid for unused sick leave at the rate of 50% upon resignation, retirement or death. (Retirement shall include normal retirement disability retirement or early retirement as defined in the appropriate pension plan). Bargaining unit members hired after October 1, 1991 and who are regular employees will have payment made for unused sick leave at the rate specified in the table below, upon resigning in good standing, retirement or death: Continuous Years of Service Percent of Accumulated Sick Less than 5 full years 0% More than 5 full years, but less than 10 full years 10% More than 10 full years, but less than 15 full years 15% More than 15 full years, but less than 20 full years 20% Upon retirement from City Service 30% (Retirement shall include normal retirement disability retirement or early retirement as defined in the appropriate Pension Plan.) Bargaining Unit Members who have elected to enter into the D.R.O.P plan shall receive sick leave benefits as set forth in Ordinance 00-33, which established the D.R.O.P plan. Section 2. Employees who have more than one-hundred-twenty (120) hours of sick leave as -22- of October 1, 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 one hundred (100) hours in the contract year. Those hours over one hundred twenty (120) hours not converted in this contract year may be converted in the next contract year. Section 3. It shall be the policy of the City to permit an employee the opportunity to donate accrued sick leave time to a designated employee, provided the contributing employee has 120 hours accrued sick leave, whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the designated employee has exhausted all accrued sick leave. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. When there appears to be a need to share sick leave in accordance with this Article, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirming through the Finance Department that the hours are available. Such list shall be submitted to the Payroll Administrator for proper charge to sick leave records. The time charged will be used in the order listed on appropriate form supplied by the Union Steward. Section 4. Sick leave usage for medical appointment can be scheduled more than 48 hours in advance and cannot be changed by the Department except in the event of a clear need by the Department. Section 5. No member shall be placed on restricted sick leave prior to being counseled by the division commander informing the member of the reasons and allowing them an opportunity to explain the situation. If after counseling a problem continues, the member will be notified in writing and placed on restricted sick leave. A member will be on Sick leave for a period of six (6) months. -23- At the end of six months, the member will be advised in writing if the Department intends on extending the restricted sick leave. Section 6. At the employee's option, the employee may convert excess sick time as defined in accordance with Section 2 to vacation time not to exceed forty (40) hours, to be transacted in the first month of the calendar year. Section 7. All Bargaining Unit members are eligible to receive one "Bonus Day" for continuous attendance at work at the completion of each calendar quarter that the member has not used sick time during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in the PPM. Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. Section 8. Those members scheduled to work an 11.5-hour shift who are granted sick time, shall only have their sick time accrual charged a maximum of 8-hours for the day. -24- ARTICLE 19 VACATION Section 1. Vacation shall be accrued in accordance with the Personnel Policy Manual, as follows: Years of Service Vacation Hours Per Year 1 96 2 - 3 120 4 128 5 136 6 144 7 152 8 160 9 168 10- 15 176 16 - 20 192 21 and above 200 Employees may accrue vacation leave to a maximum of the level earned in the most recent two employment years. However, any amount over the allowable maximum that has not been used during that fiscal year (October 1 - September 30) will be forfeited as of September 30. Section 2. Seniority will prevail in the granting of vacations. Section 3. Vacation requests may be submitted from forty-eight (48) hours to thirty (30) days in -25- advance. In the event of dual requests for vacation dates, the senior member's request shall prevail if it was submitted twenty-one (21) days prior to the date or dates requested. Vacations of three (3) days or less may be made within twenty-four (24) hours advance notice, provided that the City incurs no overtime in the granting of such request. Those members scheduled to work an 11.5-hour shift who are granted vacation, shall only have their vacation accrual charged a maximum of 8-hours for the day. Section 4. Requests for emergency vacation leave shall be individually considered by the Chief of Police. Section 5. Management reserves the right to approve or deny vacation leave based upon the operational needs of the department. Vacation privileges shall not be suspended or canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined in this Agreement. The exercise of management's rights under this Section shall not be arbitrary or capricious. Section 6. All Lieutenants shall receive, in addition to the existing vacation accruals, - 60 hours of personal time per contract year, which may be used in four hour increments (non-accumulative and cannot create an overtime situation). The 60 hours of personal time per contract year are not accruable and must be used within each contract year. -26- Those members scheduled to work an 11.5-hour shift who are granted personal time, shall only have their personal time accrual charged 8-hours for the day, only when personal time is taken in 8 hour increments. -27- Section 1. ARTICLE 20 HOLIDAYS Holidays will be defined as the below dates: 1. New Year's Day 2. Martin Luther King Jr., Day 3. President' s Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran' s Day 8. Thanksgiving Day 9. Day After Thanksgiving 10. Christmas Eve 11. Christmas Day Section 2. Members of the Bargaining Unit not assigned to road patrol shall not work on Holidays, unless an emergency situation is declared by the City Manager or his/her designee or in cases where the Chief of Police or on-call Staff Duty Officer determines that the presence of a Lieutenant is required for a specific function or investigation. If a Lieutenant is assigned to road patrol he/she has the option to either work the scheduled holiday, in which case he/she shall be paid the holiday pay plus straight time. If he/she elects not to work the holiday a Sgt. will fill that position. -28- -29- ARTICLE 21 FUNERAL EXPENSES Section 1. The City will make a reasonable payment, not to exceed $5,000 for funeral costs to the beneficiary of bargaining unit employees killed in the line of duty. Section 2. All employees shall, on a form to be supplied by the Human Resources Director or his/her designee, designate by name and address, the individual to whom such funds are to be paid. -30- ARTICLE 22 MEDICAL EXPENSES Section 1. Members will receive and shall be obliged to take an annual electro-cardiogram and physical examinations by licensed physician approved by the City. Scheduling shall be at the discretion of the Department and the results will become part of the employee's permanent record. Said medical records shall be exempt from public inspection, as provided by Chapter 119, Florida Statutes. The City shall bear the cost of the examination. Section 2. Any condition of disability resulting from Hepatitis, Acquired Immune Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex I, established to have been occurred in the line of duty shall be covered the same as other duty injury. Section 3. Beginning at the age of 30 and every other year thereafter, the bargaining unit members shall be provided a twelve lead EKG and cardiac stress test to be paid for by the City and to be performed at a City designated medical facility. A hepatitis "B" vaccine series shall also be offered by the City to all bargaining unit members at no cost to the member. Section 4. At the members discretion he/she may request an AIDS and/or Hepatitis screen at the time of his/her annual physical. The cost to be paid for by the City. The results of the AIDS test shall remain confidential. Section 5. The City shall bear the costs involving lead testing for the Range Instructor(s). Section 1. The City will ARTICLE 23 UNIFORMS supply those parts of the uniform -321_- that the City requires police lieutenants to wear on duty. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Chief of Police, and if adequate funds are available in the City's budget. Section 2. Effective on the date of this Agreement, lieutenants who are members of the bargaining unit and assigned to plain clothes duty will receive a maximum of $1,000.00 per contract year, paid in $250 installments at the end of each quarter and pro-rated as appropriate when assigned during each quarter to plain clothes duty. The City will replace civilian clothes of lieutenants purchased with the annual allowance when such clothes are damaged in the line of duty. The City will replace civilian clothes to uniformed officers assigned to plain clothes duty when the clothes are damaged in the line of duty. The replacement will require the approval of the Chief of Police. The Lieutenant 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. This allowance shall commence from the date of assignment on a pro-rate basis. Section 3. Lieutenants 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 pro-rated thereafter. Section 4. contract year. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the The City shall designate the only approved dry cleaning establishment in the City. -32- Lieutenants assigned to plain clothes duty will be given a cash cleaning supplement reasonably equivalent to that of the uniformed Lieutenant. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro-rated basis. Section 5. Lieutenants assigned to plain clothes duty for more than three (3) months at a time will, for that three months period, be given a cash cleaning supplement equivalent to that given lieutenants and pro-rated thereafter. These payments for lieutenants assigned to plain clothes duty will substitute for the normal cleaning allowance for lieutenants. -33- ARTICLE 24 TRAINING Section 1. The Police Chief will decide on the Department's training program according to his judgment of the needs and requirements and potential for each member of the Department. -34- ARTICLE 25 PERSONNEL RECORDS Section 1. All personnel records shall be maintained within the limits of and in accordance with the provisions of the Public Records Law. Section 2. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his or her own personnel records whenever or however kept. The member shall have the right to make duplicate copies of his or her own records at no expense to the bargaining unit member. No record shall be hidden from a member's inspection and members shall have the right to allow anyone of his or her choosing to inspect the personnel records with written authorization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee within the provisions of the Public Records Law. Section 3. A personnel file for all City employees is maintained by the City Human Resource Department. The City will purge these files of disciplinary actions in accord with the appropriate Florida State Statute. The purging will take place when the Human Resources Department notes that it is time for a record to be purged or when an employee, in writing brings the matter to the attention of the Human Resources Director. An employee may request, in writing, that specific items be added to his/her Personnel file. Section 4. All citizen complaint files and Internal Affairs investigations will be governed by Florida State Statutes and the Public Record destruction guidelines. Section 5. A 24 hour notice must be given to the bargaining unit member if any person requests a copy or review of the members' personnel file. E-mail to the bargaining unit member shall constitute notice. -35- -36- ARTICLE 26 SOLICITATIONS No member shall be forced to attend or participate in solicitations for monies, membership or sales by any outside group (charities, insurance companies, religious organizations, etc.) while on duty or at roll call. -37- ARTICI.E 27 SAFETY AND HEALTH Section 1. The City agrees that it will conform to all State and Federal laws concerning safety, health, sanitation and working conditions, when said laws are specifically applicable to public employees. Section 2. Protective devises, wearing apparel and other equipment necessary to protect employees from injury shall be provided and maintained in proper working condition by the City at no cost to the employee. -38- ARTICLE 28 USE OF CITY FACILITIES The PBA shall be entitled to the use of City facilities to conduct Union business at the same cost assessed to other organizations, and subject to availability. -39- ARTICLE 29 HOURS OF WORK AND OVERTIME Section 1. Members of this bargaining unit are considered exempt status employees under FLSA, not eligible for overtime pay. Section 2. No person shall be required to work more than sixteen (16), continuous hours except in a declared emergency. For the purposes of this section and this agreement, an emergency shall be a natural disaster, (flood, hurricane, etc.) or man-made disaster (riot, mass civil unrest, etc.) or other incident which directly threatens the health and safety of the citizens of Boynton Beach. -40- ARTICLE 30 SHIFt SELECTION Section 1. The Department shall have the discretion to determine the number of persons assigned to each shift and division within the Department. The City reserves the right to assign Lieutenants to a particular division within the Police Department. Section 2. The City may designate the number of slots assigned to each shift. Thereafter the employees shall choose slots by seniority. The Department shall have discretion to change the probationary lieutenant for training purposes. The right to select a shift shall not apply to probationary lieutenants. -41- ARTICLE 31 SENIORITY Section 1. Seniority shall be computed from the date of promotion. If two (2) lieutenants 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. Seniority 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 lieutenants assigned to each division and each shift. Section 5. For lay-offs and other non-disciplinary reductions in personnel, Senior Classes will displace Junior Classes. An example would be: if a police lieutenant's position is to be abolished, the incumbent with the least seniority in the position of lieutenant would displace a Police Sergeant, who would displace a Police Detective, who would displace a Police Officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. -42 - ARTICLE 32 TRANSFERS AND SHIFT CHANGES Section 1. No member shall be transferred nor have his/her shift or schedule changed, including days off, without forty-eight (48) hours notice, except in time of emergency, as declared by the City Manager or his/her designee. Section 2. Members may request to exchange shifts, provided that the exchange is approved. Such approval shall not be unreasonably withheld. The City shall not be obligated to pay overtime to accommodate the exchange. -43- ARTICLE 33 GROUP INSURANCE Section 1. The City shall provide and pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. Section 2. The City, during the term of this Contract, shall provide and pay for one hundred percent (100%) of the cost of individual coverage in a group health insurance policy for members of the bargaining unit. Section 3. The health and dental insurance coverage currently in effect shall not be substantially reduced through the life of this contract. The selection of a carrier or carriers to provide health and dental insurance coverage is a managerial function reserved solely to the City. The City will use its best efforts to maintain health and dental coverage which is substantially equivalent to the coverage in effect on the date of ratification of this Agreement. The number of available plans may, at the City's option, be changed. Minor reductions in coverage are permissible and do not constitute a unilateral change of benefits under this Collective Bargaining Agreement. In the event the total health and dental insurance benefit package is altered in a manner which increases either a bargaining unit members annual deduction by more than five (5%) percent over the deductible current at time of ratification of this Agreement or an itemized co- payment by more than 25%, the Union may reopen negotiations of this Article by making written request to the City Manager. -44- ARTICLE 34 TLrlTION REIMBURSEMENT Section 1. The City shall provide an incentive in the form of paid tuition and books for members who choose to attend an accredited college or university. Section 2. The member shall initially pay and be reimbursed by the City upon presentation of documented completion of the course. College and/or University program must be initially approved by the City Manager. Section 3. Members attaining a grade of "A" or "B" shall be reimbursed for 100% of the cost of a course. Members attaining a grade of "C" shall be reimbursed for 50% of the cost of a course. The City shall reimburse bargaining unit members at 50% of cost for attending and being approved for life experience only at Barry University, Nova University and St. Thomas University, for not more than 30 credits. In the event that a course is a mandatory pass/fail course, a grade of passing shall be treated as a satisfactory grade and will be reimbursed for 100% of the cost of the course. Employees shall receive no compensation for grades below a "C". Section 4. Courses must lead to a degree in the fields of law enforcement, criminal justice, public administration, or any other similar police profession discipline that may, in the opinion and with the approval of the City Manager enhance the member's performance as a law enforcement officer. Section 5. Post-graduate courses authorized under Section 4, shall also be reimbursed based on grades outlined under Section 3. However, reimbursement is limited to a maximum of six (6) credits per semester. For every two (2) reimbursed semesters, the member must remain in the employ of the -45- City for one (1) year. Failure to do so would require the member to payback the City for the equivalent percentage reimbursement. -46- ARTICLE 35 DEPARTMENTAL POLICIES, RULES AND REGULATIONS Section 1. It is agreed and understood that the Police Department currently has policies, rules and regulations governing employment. The formulation, amendment, revision and implementation of any rule shall not be arbitrary or capricious. In the event of a conflict between the rules and specific provisions of this Agreement, the Agreement shall control. Section 2. Nothing in this Section shall constitute a waiver of the Union's right to impact bargaining as defined in Chapter 447, Part II, Florida Statutes (the Florida Public Employee's Relations Act). In the event the City wishes to amend, revise or implement any new rule, it shall give ten (10) days notice to the Union. In the event the Union requests impact bargaining due to a rule change, the implementation date shall not be extended and the parties agree to expedite impact bargaining. -47- ARTICLE 36 OFF-DUTY POLICE EMPLOYMENT Section 1. Off-duty police employment shall be defined as any police-related duty that is performed or administered by a sworn employee which is paid for by a private entity, through the City of Boynton Beach. Section 2. When City facilities are used by other agencies or persons, any desired security arrangements shall be at the option of the user. If the user and/or the City determines that certified police officers are to be required at any public event, only Boynton Beach Police Department personnel shall be used. -48- ARTICLE 37 GRIEVANCE AND ARBITRATION PROCEDURES GRIEVANCE PROCEDURES Section 1. A grievance is defined as a dispute involving the interpretation or application of the Collective Bargaining Agreement. Section 2. A dispute over disciplinary action is not a grievance, but shall be referred to as an appeal of disciplinary action. The process for handling appeals of disciplinary action are set forth in this Article. Section 3. The parties are committed to resolving grievances in a timely fashion. Accordingly, any grievance not submitted or advanced by the grieving party in accordance with the time limits set forth below will be considered abandoned. Any grievance not answered by the City within the time limits set forth below will automatically advance to the next step of the grievance procedure. By way of example: When a grievance is advanced to the Police Chief on January 1st, the Police Chief must respond by January 21st. If the Police Chief responds to the Grievant on January the 3rd, and the Grievant is not satisfied with the Chief's determination, the Grievant has ten (10) days from January 3rd to request appointment of an arbitrator. If the Police Chief fails to respond by January 21st, the Grievant has ten (10) days from January 21st to request appointment of an arbitrator. Section 4. which give rise to the dispute. A grievance must be filed within ten (10) days of the first occurrence of the event Grievances shall be presented in the following manner: Step 1. A grievance must be filed on a form approved by the City within ten (10) calendar days as set forth in Section 4 above. The grievance must make specific -49- reference to the Article and Section of the Agreement in dispute, set forth detailed facts explaining how the Article and Section has been misapplied by the City, and state the relief sought by the grievant. The grievance form shall be filed with the grievant's immediate supervisor. In the case of a class grievance filed by the Union, the grievance form shall be filed with the Police Chief. Step 2. The immediate supervisor shall review the grievance and make a written recommendation for disposition of the grievance to the Police Chief within ten (10) days of receipt of the grievance. Step 3. The Police Chief shall review the grievance and render a written decision within ten (10) days of receipt of the recommendation from the immediate supervisor. The Police Chief may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 4. In the event that a grievant is not satisfied with the disposition of the grievance by the Police Chief, the grievant shall have the right to submit the grievance to the City Manager. Submission to the City Manager shall be made within ten (1 O) days of the date of the Chief's disposition or the expiration of the time period for the Chief's disposition in the event the Chief does not render a decision. Step 5. The City Manager shall review the grievance and render a written decision within ten (10) days of the submission of the grievance to him/her. The City Manager may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 6. In the event the employee is not satisfied of the disposition of the grievance by the City Manager, or if there is no disposition by the City Manager in a timely fashion, the grievant may request appointment of an arbitrator. The grievant's request for the appointment of an arbitrator must be made within ten (10) days of the date of the City Manager's disposition of the grievance, or the expiration of the time period for the City Manager's disposition in the event the City Manager does not render a decision. Step 7. The City and the Union have agreed to establish a panel of arbitrators, consisting of six (6) members, three of which will be selected by the Union and three of which will be selected by the City, who will be selected to serve on a rotating basis. The grievant's request shall commence with a written request for arbitration to the City. Following appointment of an arbitrator, Arbitration shall proceed as set forth in this Article. If a panel has not been agreed to by City and union, the grievant's request shall commence with a written request to the Federal Mediation -50- and Conciliation Service to submit a list of names of five (5) arbitrators. Both parties will alternatively strike one name until an arbitrator is agreed to. Following appointment of an arbitrator, arbitration shall proceed as set forth in this Article. ARBITRATION Section 1. When an arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the City, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration hearing on the grievance itself. If the City raises the question of arbitrability and loses that determination, the City shall pay the cost of the arbitrator. If the City raises the question of arbitrability and the arbitrator determines that the matter is not arbitrable, the Union shall pay for the arbitrator. This provision shall not prohibit the City from challenging the arbitrability of any grievance in an action for declaratory relief filed in the Circuit Court of Palm Beach County, Florida. In no event may the City seek a determination of arbitrability by both the arbitrator and the Circuit Court. In the event of a court action by the City, the grievance/arbitration proceeding shall be abated until the conclusion of the court proceeding. Section 2. The arbitrator shall conduct the arbitration hearing no less than thirty (30) days nor more than ninety (90) days from the date of appointment. Section 3. In the event a party seeks continuance of an arbitration hearing once set, the requesting party shall pay any fee charged by the arbitrator for resetting the heating. -51- Section 4. The arbitrator' s decision shall be confined to the statement of the grievance set forth in the written grievance form together with any defenses raised by the City at any step of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this agreement or any part thereof in order to resolve a grievance. The arbitrator may not issue declaratory opinions and shall confine himself/herself exclusively to the issues presented, which must be actual and existing. Section 5. The arbitrator shall render a written decision within thirty (30) days of the close of the arbitration hearing or submission of post heating briefs, whichever occurs last. DISCIPLINARY APPEALS Section 1. Discipline is classified as either major or minor as follows: MAJOR: Termination Demotion Suspension without pay-more than two (2) days No employee shall be subject to major discipline without first being afforded a pre- determination conference with the City Manager or his/her designee. No pre-determination conference shall be conducted with less than ten (10) calendar days notice to the employee. MINOR Written reprimand Suspension without pay-two (2) days or less Section 2. Appeals of disciplinary action shall be handled as follows: A. Major discipline may be by appeal to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in this Article. The request for appointment -52- of an arbitrator must be made in writing within ten (10) calendar days of notice of disciplinary action. B. 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. C. Written reprimands may not be appealed but the employee may submit a written response to a written reprimand provided the response is submitted within ten (10) days of the written reprimand. If a written response is submitted by the employee, it shall be attached to the written reprimand and placed in the employee's personnel file. D. Suspensions without pay of two (2) days or less may be appealed to the City Manager whose decision shall be final. notice of the suspension without pay. An appeal shall be filed in writing within ten (10) days of The City Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days of the appeal. The City Manager's decision may be to either sustain, reverse, or modify the discipline. In no event shall the City Manager's decision increase the discipline to more than a suspension without pay of two days. The City Manager may conduct interviews with the grievant, departmental staff, or members of the bargaining unit as part of his/her investigation of the discipline. ARTICLE 38 PAST PRACTICES All employment practices listed below shall remain in effect: mo B. C. D. E. F. G. H. I. J. Lockers. Locker room shower, gym. Shoes every six (6) months. Provide weapons, equipment, gear appropriate to assignment. Bullet proof vests. Jackets, raincoat, boots. Desk space, office supplies. Approved and required travel expenses. Use of City vehicles for court when available. Three (3) complete uniforms per year, as needed. -53- -54- ARTICLE 39 PERSONAL AND DEPARTMENTAL 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 a mileage rate as established by City resolution, 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 heatings, conferences with City officials, schools and seminars. Section 3. Section 4. Bargaining Unit members shall be assigned City vehicles for use on and off duty. If a Bargaining Unit member is not involved in a "Chargeable" accident for 12 months, the member will get a bonus on their anniversary equivalent to one (1) day's pay. -55- ARTICLE 40 PROMOTIONS Section 1. All bargaining unit members are eligible for appointment to the next highest rank in the department. Criteria for evaluation and appointment shall be established by the Police Chief with the assistance of the Human Resources Department. All promotional opportunities will be posted for a period of thirty (30) days before closing. -56- ARTICLE 41 SAVINGS CLAUSE Section 1. If any Article or section of this Agreement should be determined by a court of competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or judicial decision, all other Articles and sections of this Agreement shall remain in full force and effect with it being presumed to be the intent of the parties that the invalid language be stricken. Section 2. In the event of such a determination, the parties shall meet within thirty (30) days for the purpose of negotiating a substitute provision. Section 3. There is no past practice regarding wages, benefits or conditions of employment that is binding on the parties except as set forth in this collective bargaining agreement. Neither the City's Civil Service Rules and Regulations, nor the City's Personnel Policy Manual have application to collective bargaining unit members. -57- ARTICLE 42 TEMPORARY ASSIGNMENT Section 1. Lieutenants acting in the capacity of Senior Staff Officer shall be paid five percent (5%) above the Lieutenant's regular rate of pay during the time assigned as Senior Staff Officer. Section 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. -58- ARTICLE 43 CHEMICAL TESTING Section 1. Drag and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retesting will be as set forth in Florida Statues, Florida Administrative Code and the City's Drug Free Workplace Policy. -59- ARTICLE 44 ENTIRE AGREEMENT The parties agree that this Agreement constitutes the full and complete understanding of the parties. This agreement can not be changed or altered unless by mutual written agreement. -60- ARTICLE 45 DURATION OF AGREEMENT Section 1. This agreement shall become effective on ratification and shall continue in full force and effect up through and including September 30, 2003. Agreed to this .~,~t~ day of -61- ,20 0 O~., by and between the respective parties through the authorized representatives of the Union and the City. Witnes/s ~ Witness APPROVED AS TO FORM City Attom~½ POLICE LIEUTENANTS POLICE BENEVOLENT ASSOCIATION r Ernest Geor~eTPresid~t'~ BY: CITY OF BOYNTON BEACH ,l~fl~t~?fi, ner, City Manager "s?o'BI'BflT-¢_ ¢ ttllll Ratified by City Commission /o Date Ratified by Union Members I a Io 1o Date j RESOLUTION RO1- 014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE FRATERNAL ORDER OF POLICE — SERGEANT'S UNIT FOR THE PERIOD FROM OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2002, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO i EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. ; r WHEREAS, the City of Boynton Beach and the Fraternal Order of Police — Sergeant's Unit have successfully concluded negotiations for a one year contract; and WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Agreement and execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the Fraternal Order of Police — Sergeant's Unit for the period from October 1, 2001 through September 30, 2002, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A ". Section 2. This Resolution will become effective immediately upon passage. II I, 11 PASSED AND ADOPTED this (o day of November , 2001. CITY O>~ BOYNTON BEACH, FLORIDA f f Mayor —) of 7 Vice _I - •r o • t oner issioner Commissioner ATTEST: e,,,. • • Clerk \ \\\\ \�U! 1 I I i i I! /f//,4, (Corp,4te -3ea1 s ca\riadfa/reements\FOP — F L O \ \ \\ !r /l /flli!IIIU�AAAA Rol -aq3 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND POLICE SERGEANTS FRATERNAL ORDER OF POLICE 2001 -2002 S: \CA \Collective Bargaining \Sgt FOP \2001 Negotiations \Final Clean Agr101901 doc RESOLUTION R01- aci 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE FRATERNAL ORDER OF POLICE — SERGEANT'S UNIT FOR THE PERIOD FROM OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2002, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Fraternal Order of Police — Sergeant's Unit have successfully concluded negotiations for a one year contract; and WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Agreement and execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the Fraternal Order of Police — Sergeant's Unit for the period from October 1, 2001 through September 30, 2002, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A ". Section 2. This Resolution will become effective immediately upon passage. TABLE OF CONTENTS Article Page Preamble 1 1 Recognition 2 2 No Strike or Lock -Out 3 3 Non Discrimination 5 4 Dues Deduction 6 5 Union Time Pool 7 6 FOP Representation 8 7 Bulletin Boards 9 8 Reproduction 10 9 Rights of Law Enforcement Officers Under Investigation 11 10 Management Rights 12 11 Discipline and Discharge 14 12 Rate of Pay 15 13 On Duty Injuries 17 14 Call Back Pay 18 15 Stand By Pay 19 16 Court Appearances 20 17 Bereavement Leave 21 18 Sick Leave 22 19 Vacation 24 20 Holidays 27 21 Funeral Expenses 29 22 Medical Expenses 30 23 Uniforms 31 24 Training 33 25 Personnel Records 34 26 Solicitations 36 27 Safety and Health 37 28 Use of City Facilities 38 29 Hours of Work and Overtime 39 30 Shift Selection 41 31 Seniority 42 32 Transfers and Shift Changes 43 33 Group Insurance 44 34 Tuition Reimbursement 46 35 Departmental Policies, Rules & Regulations 47 S \CA \Collective Bargaining \Sgt FOP \2001 Negotiations \Final Clean Agr101901 doc 36 Special Details 48 37 Grievance and Arbitration Procedures 49 38 Past Practices 55 39 Entire Agreement 56 40 Personal Vehicles 57 41 Qualifications For a Bargaining Unit Position 58 42 Temporary Assignment 59 43 Savings Clause 60 44 Chemical Testing 61 45 Duration of Agreement /Signatures 62 Signatures 62 S: \CA \Collective Bargaining \Sgt FOP \2001 Negotiations \Final Clean Agr101901.doc 1 PREAMBLE Section 1. This agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City ", and the Florida State Lodge, Fraternal Order of Police, hereinafter referred to as the "FOP" or the "Union ". It is the intent and purpose of this Agreement to create a sound and mutually beneficial working and economic relationship between the parties hereto; to provide an orderly, prompt and peaceful means of resolving disputes involving interpretation or application of this Agreement; and to set forth basic and full agreement between the parties concerning wages, hours, terms and conditions of employment. S \CA \Collective Bargaining\Sgt FOP \2001 Negotiations \Final Clean Agrl 01901 doc 203 PM 2 ARTICLE 1 RECOGNITION Section 1. The City of Boynton Beach hereby recognizes the FOP as the exclusive collective bargaining agent with respect to wages, hours and other terms and conditions of employment for all employees in the bargaining unit. Section 2. The bargaining unit for which this recognition is accorded is as defined in the certification granted by the Public Employees Relations Commission dated March 18, 1988, and comprises all full -time police sergeants with the City of Boynton Beach. Excluded are all other employees of the City. S \CA \Collective Bargammg\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doe 203 PM 3 ARTICLE 2 NO STRIKE OR LOCK -OUT Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Sergeants 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 Sergeants 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 Sergeant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bring about compliance with this Article and the strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida, Article 1, Section 6. 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 S \CA \Collective Bargaining\Sgt FOP\2001 Negotiations \Final Clean Agrl01901 doe 203 PM 4 the law to return to work, and to disavow the strike publicly. Section 4. Any or all Sergeants who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall not be grievable or arbitrable under the provisions of Article 37 - Grievance and Arbitration Procedures. S \CA \Collective Bargammg\Sgt FOP\2001 Negotiations \Final Clean Agrl 01901 doc 203 PM 5 ARTICLE 3 NON - DISCRIMINATION Section 1. The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall work jointly to eliminate discriminatory conduct in the work place. Discriminatory conduct means words or actions which are derogatory, or insulting and make reference to age, race, gender, religion or national original. To that end, the City and the Union agree that bargaining unit members 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. Section 2. Any claim of discrimination by an employee under this Article may be brought with the appropriate governmental agency, but may not be grieved under the Agreement. S \CA\Collectwe Bargaining\Sgt FOP \2001 Negotiaticns\Final Clean Agr101901 doe 203 PM 6 ARTICLE 4 DUES DEDUCTION Section 1. Any employee covered by this Agreement may authorize a payroll deduction for the purposes of paying Union dues. Such authorization shall become effective upon acceptance by the City of a fully executed dues deduction form from the employee. Employees who are currently members of the bargaining unit need not execute a new dues authorization card. Section 2. The Union will notify the City as to the amount of dues. Such notification to the City shall be from an official of the Union. Changes in Union membership dues will be certified to the City at least thirty (30) days prior to the effective date of the change. Section 3. Dues will be deducted each pay period and such monies shall be remitted to the Union treasurer once per month, not later than fourteen days after the end of the month. Section 4. The effective date of deducting dues shall be the beginning of the pay period following the day the dues deduction form is signed. The effective date for stopping dues deduction shall be at the beginning of the pay period thirty (30) days following the date the revocation form is received by the City. Section 5. The Union will indemnify and hold harmless the City against any claims brought against the City based on payroll deductions of dues as provided in this Article. S \CA \Collective Bargatntng\Sgt FOP \2001 Negotiations \Final Clean Agrl 01901 doc 203 PM 7 ARTICLE 5 UNION TIME POOL Section 1. The City shall allow employees to donate time for the creation of a time pool for utilization of designated union representatives for the conduct of union business within and outside of the City. Use of time pool time may be denied if it will result in the City incurring overtime payments. Time pool activities shall be limited to activity by union representatives for the following: A. To assist an employee who is required to appear at a hearing related to a grievance; B. To assist an employee who is presenting or responding to a grievance; C. The employee is subject to interrogation in conjunction with an internal affairs investigation; D. To assist an employee who is attending a predetermination hearing. E. Attendance at collective bargaining sessions as a team representative. Section 2. In addition, members of the bargaining unit may donate in two (2) hour increments (on a form designated by the City), not to exceed eight (8) hours each per year of vacation time to be used toward the Union Time Pool. Section 3. Union representatives shall be released from duty upon reasonable notice to the Department and upon the approval of the division or bureau commander or lieutenant. If the needs of the Department do not permit the release of a particular employee as requested, the release of an alternative member during the desired time shall be provided. S \CA \Collective Bargammg\Sgt FOP \2001 Negotiations \Final Clean Agrl01901 doc 2 03 PM 8 ARTICLE 6 FOP REPRESENTATION Section 1. Neither party in negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. The parties shall, at their first bargaining session, exchange a list of bargaining team members. Section 2. The City shall recognize up to two (2) FOP representatives for the purposes of bargaining and any bargaining team members shall be permitted to attend bargaining sessions which may occur during their regular tours of duty without any loss of pay but the time for more than two (2) representatives will be charged to the Union Time Pool. The City shall not be required to provide overtime to any employee attending negotiations. Section 3. The parties agree that the FOP may establish a system of stewards providing for a chief steward and an individual steward on each shift and division represented by the bargaining unit. Stewards on duty shall be permitted reasonable release time with pay upon approval of the division or bureau commander or lieutenant for the purpose of processing any individual grievance or assisting employees at investigatory or disciplinary interviews. Section 4. When acting in their capacity as FOP representatives within the Department and not on behalf of themselves, employees shall not be obligated to observe the Departmental chain of command. A representative may not refer an issue outside of the department without first presenting it to a senior staff officer. This shall not relieve employees from observing the Departmental chain of command except for receiving approval of release time with regard to their duty - related activities, notwithstanding their position as an FOP representative. S \CA \Collective Bargaining\Sgt FOP\2001 Negotiations \Final Clean Agrl 01901 doc 203 PM 9 ARTICLE 7 BULLETIN BOARDS Section 1. The Union shall be provided with the use of a Sergeant's Union bulletin board space at one (1) location in the police building. Section 2. The Union agrees that it shall use the space on the bulletin boards only for the purposes of posting notices of Union meetings; notices and results of Union elections; reports of Union committees; rulings or policies of the Union; recreational and social affairs of the Union, and notices by public bodies. S \CA \Collectwe Bargaining\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doc 2 03 PM 10 ARTICLE 8 REPRODUCTION Section 1. The parties agree that all bargaining unit members covered by this Agreement shall be provided one (1) copy of this Agreement by the City at no cost to the bargaining unit member. Section 2. .The City will post the Agreement on the City's shared drive. S \CA \Collective Bargaining\Sgt FOP\2001 Negotiations \Final Clean Agrl 01901 doc 203 PM 11 ARTICLE 9 RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION The City of Boynton Beach agrees that all rights of Law Enforcement Officers under investigation detailed and granted by Florida Statutes, Section 112.532, 112.533, AND 112.435 will be observed and practiced. S \CA \Collective Bargaining\Sgt FOP \2001 Negotiations \Final Clean Agrl 01901 doe 203 PM 12 ARTICLE 10 MANAGEMENT RIGHTS Section 1. The Union recognizes that the City has the exclusive right to manage and direct the Police Department. Specifically, but not by way of limitation, the City retains the exclusive right to: A. Hire, promote, and lay off employees in accordance with the City of Boynton Beach Personnel Policy Manual. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. D. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be performed by employees. G. Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement. H. Introduce new services, procedures, materials, facilities and equipment. I. Mandate physical, medical, and drug testing in accordance with law. The City agrees to use State Certified Laboratories for all drug testing. J. Determine and change the equipment and materials provided to or not provided to employees. K. Add to or change the qualifications necessary for any job classification. L. Create, alter or disband any units based upon the needs of the Department as determined by the Police Chief. If the City fails to exercise any one or more of the above functions from time to time it shall not be S \CA \Collective Bargatntng\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doe 203 PM 13 deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. In the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented prior to resolution of the impact bargaining. S \CA \Collective Bargammg\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doc 203 PM 14 ARTICLE 11 DISCIPLINE AND DISCHARGE Section 1. Employees may be disciplined only for just cause. No employee shall be disciplined without notice of the charges setting forth the basis for such discipline. Section 2. Employees shall have the opportunity to appeal disciplinary action in the manner set forth in Article 37 of this Agreement. Section 3. The parties recognize that timeliness of disciplinary action is an essential element of due process. Accordingly, it is incumbent upon the Police Chief to make a recommendation to the City Manager for discipline within ten (10) days of the Police Chief's conclusion of the investigation. S \CA \Collective Bargaining\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doc 2 03 PM 15 ARTICLE 12 RATE OF PAY Section 1. Those employees who are selected members of the SRT team shall be compensated an additional 10% for hazardous duty when said team is actually called to duty. Members of the Vice, Intelligence, Narcotics Units and Directed Patrol who are active shall receive a 5% pay supplement. No employee shall receive more than one assignment pay. Section 2. Effective October 1, 2001 and payable the first pay period following ratification of this Agreement and for the term of this Agreement each bargaining unit member who received an annual evaluation score which "meets expectations" will receive a 6% base wage adjustment. Members who receive a performance evaluation score which "exceeds expectation" will receive an additional 1% added to base (6 % +1 %). Members who receive a performance evaluation score of "outstanding" will receive an additional 2% added to base (6 % +2 %). "Base" means the base annual salary the member was receiving on 9/30/01. Each bargaining unit member assigned to the 11.5 hour shift will receive a 8.5% assignment pay for hours actually worked on the 11.5 shift. Section The minimum salary for the position covered by this agreement during term of agreement as follows: 10/1/01-9/30/02 $45,600 Section 3. The top out pay (maximum base annual salary) for the position covered by this agreement during the term of this agreement is not capped. S \CA \Collective Bargaming\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doc 203 PM 16 Section 4. When a Sergeant position vacancy is filled by lateral hire from another agency, the salary for the new hire shall be based on a recommendation by the Police Chief and established by the City Manager, in consultation with the Human Resource Director, taking into consideration the needs of the department and the experience of the new hire but, shall be within the minimum and maximum salaries set forth above. S \CA \Collective Bargammg\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doe 203 PM 17 ARTICLE 13 ON -DUTY INJURIES Section 1. When an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Workers' Compensation Act, the employee shall be entitled to full regular pay. If the period of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal to the difference between his/her Workers' Compensation check and his/her normal net take home pay. Section 2. If the period of disability is greater than 180 days, the City may ask the Police Pension Board to review said employee's disability case for retirement due to disability. Section 3. Following three hundred sixty (360) days loss of duty due to a service - connected injury, the City shall be authorized to dismiss the employee for physical inability to perform within the employee's classification. Section 4. The City shall attempt to provide light duty police work for employees disabled in the line of duty. S. \CA \Collecrive Bargaming\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doc 2 03 PM 18 ARTICLE 14 CALL -BACK PAY Section 1. In the event that a sergeant is recalled to duty anytime outside of his/her regular working hours, the employee shall be compensated for the actual time worked but in no event less than three (3) hours at time and one -half (1 1/2) the employee's regular rate of pay. Section 2. The Department shall develop a call -back policy which shall include the following restrictions: a. No member shall be eligible for call -back at the end of an 11.5 hours shift; b. No member shall be called back if the call -back shift will be immediately followed by an 11.5 hour shift; c. The principles of seniority shall be followed for call -back; d. No employee shall work more than 16 hours in any 24 hour period, absent a designated emergency. S. \CA \Collective Bargammg\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doe 2 03 PM 19 ARTICLE 15 STAND -BY PAY Section 1. Employees directed to be on stand -by status must be able to respond to a specified location on duty within one (1) hour and shall be compensated at a minimum of one hour at time and one -half (1 1/2) the employee's regular rate of pay for the first hour and one -half (1/2) the employee's regular rate of pay for all remaining hours. Section 2. In the event the unit member responds to a specified location for duty, this section would not apply and Article 14, Call -Back Pay, would prevail. Therefore, Stand -By Pay will only be granted if the unit member is on stand -by status and not called to duty. S \CA \Collective Bargammg\Sgt FOP\2001 Negotiations \Final Clean Agr10l 901 doc 203 PM 20 ARTICLE 16 COURT APPEARANCES Section 1. When required to respond to court, deposition, subpoena, or any other judicial or administrative proceeding arising out of a member's duty as a police officer, and not involving the officer as a plaintiff or whose interest is affected by the plaintiff, the employee shall be paid a minimum of three (3) hours per day at time and one -half (1 1/2) the employee's regular rate of pay, unless such court appearance occurs during the employee's regular working hours. Section 2. If court appearance is contiguous with the end of the employee's shift, court time shall be compensated as any other over time assignment. S \CA \Collective Bargammg\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doc 203 PM 21 ARTICLE 17 BEREAVEMENT LEAVE Section 1. In the event of the death of the parent, foster parent, sibling, spouse, child, grandparent, grandchild, mother or father -in -law, sister or brother -in -law, grandparents of spouse, domestic life partner, and any permanent family member of the household such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive calendar days for any one death. However, if it is necessary for the employee to leave the State of Florida in connection with the funeral of the deceased, five (5) days compassionate leave shall be allowed. Additional leave may be authorized by the Chief or his/her designee on a case -by -case basis, except that such additional leave shall be debited against the employee's accrued sick or annual leave. Section 2. Employees must verify, in writing attendance at an out -of -state funeral in writing in order to be eligible for benefits under this Article. The City Manager may grant additional leave under this Section. S \CA \Collective Bargammg\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doc 2 03 PM 22 ARTICLE 18 SICK LEAVE Section 1. Sick leave is earned and accrued on an hourly basis. Employees shall earn ninety -six (96) hours of sick leave per year at the rate of eight (8) hours per month. Use of sick leave will be charged against a member's bank of accrued time on an hour for hour basis. The use of sick leave shall be in accordance with the City of Boynton Beach Personnel Policy Manual. Upon retirement or separation of service with the City of Boynton Beach, all accrued sick leave will be paid out at the rate of 50 %. Employees who have more than one - hundred - twenty (120) hours of sick leave as of October 1, 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 one hundred (100) hours in the contract year. Those hours over one hundred twenty (120) hours not converted in this contract year may be converted in the next contract year. Section 2. It shall be the policy of the City to permit an employee the opportunity to donate accrued sick leave time to a designated employee, provided the contributing employee has at least 120 hours accrued sick leave, whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick leave and annual leave to the equivalent of his /her current annual earned vacation rate. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. When there appears to be a need to share sick leave in accordance with this Article, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirming through the Finance Department that the hours are available. Such list shall be submitted to the Payroll Administrator for proper charge to sick leave records. The time charged will be used in the order listed on the appropriate S \CA \Collective Bargamrng\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doc 203 PM 23 form supplied by the Union Steward. Section 4. Sick leave use for medical appointment must be scheduled more than 48 hours in advance and cannot be changed by the Department except in the event of a clear need by the Department. Section 5. No member shall be placed on restricted sick leave prior to being counseled by the Division Commander informing the member of the reasons and allowing them an opportunity to explain the situation. If after counseling a problem continues, the member will be notified in writing and placed on restricted sick leave. A member will be on restricted sick leave for a period of six (6) months. At the end of six months, the member will be advised in writing if the Department intends on extending the restricted sick leave. Section 6. At the employee's option, provided the contributing employee has at least 120 hours of accrued sick leave, the employee may convert sick time to vacation time not to exceed forty (40) hours, to be transacted on the first month of the calendar year. Section 7. Each bargaining unit member covered by this agreement is eligible to receive eight (8) hours of additional leave for continuous attendance at work at the completion of each calendar quarter that the bargaining unit member has not used sick leave during the previous quarter, nor has been absent from work or on leave, other than those paid leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation. S \CA \Collective Bargammg\Sgt. FOP \2001 Negotiations\Final Clean Agr101901 doe 203 PM 24 ARTICLE 19 VACATION Section 1. Vacation is earned and accrued on an hourly basis. Each full time employee shall earn vacation leave at the rates shown in the schedules outlined below. Use of vacation leave will be charged against a member's bank of accrued time on an hour for hour basis. The number of hours credited per year will not increase after the 20 year of service unless the schedule is amended. A bargaining unit member shall, upon termination of employment with the City, be paid for unused accumulated vacation leave. For those bargaining unit members hired prior to 10/1/91: Years of Service Vacation Hours Per Year 1 96 2 -3 120 4 128 5 136 6 144 7 152 8 160 9 168 10 - 15 176 16 -20 192 21+ 200 S \CA \Collective Bargaining\Sgt FOP\2001 Negotiaticns\Final Clean Agr101901 doe 203 PM 25 For those bargaining unit members hired after 10/1/91: Years of Service Vacation Hours 1 Year 48 2 years but less than 5 96 5 years but less than 10 120 10 years 136 10 years but less than 20 160 Employees may accrue vacation leave to a maximum of the level earned in the most recent two employment years. However, any amount over the allowable maximum that has not been used during that fiscal year (October 1 — September 30) will be forfeited as of September 30. Section 2. Seniority will prevail in the granting of vacations. Section 3. Vacation requests may be submitted from forty eight (48) hours to thirty (30) days in advance. In the event of dual requests for vacation dates, the senior member's request shall prevail if it was submitted twenty one (21) days prior to the date or dates requested. Vacations of three (3) consecutive shifts or less may be made within twenty -four (24) hours advance notice, provided that the City incurs no overtime in the granting of such request. Section 4. Requests for emergency vacation leave shall be individually considered by the Chief of Police. Section 5. No member shall be denied vacation nor shall vacation privileges be suspended or canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined in this Agreement. S \CA \Collective Bargammg\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doe 203 PM 26 Section 6. All sergeants shall receive, in addition to the existing vacation accruals, 60 hours of personal time which may be used in four hour increments (non - accumulative and cannot create an overtime situation). Denial of a request for usage is not grievable. S \CA \Collective Bargammg\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doc 203 PM 27 ARTICLE 20 HOLIDAYS Section 1. Holidays will be in accordance with the City of Boynton Beach Personnel Policy Manual. Section 2. Employees shall be paid for legal holidays. Those employees who work on a holiday shall also be at time and one -half rate. Those employees who are scheduled off for the holiday will be paid at straight time. Employees must work their regular work days immediately before the after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday. Section 3. A. Holiday Conversion. Under this Article a member may elect not to receive holiday pay as outlined in Section 2 above, but instead to have the equivalent straight time holiday hours added as a lump sum to their accrued vacation balance. B. Members who sign up for this section must do so between October 1st and October 31st of each contract year with the Bureau of Administration. C. Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. D. Members whose regular days off are on a holiday will receive their normal weekly pay. E. Members leaving the service who participated will owe the City for those holidays they were not on the payroll either through loss of vacation credits or deduction from funds due from the City. F. Members may elect to take the holiday off and at their option deduct eight (8) hours S. \CA \Collective Bargaimng\Sgt FOP \2001 NegohahonsWinal Clean Agr101901 doc 203 PM 28 vacation or take the holiday off without pay. S \CA \Collective Bargaining\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doe 203 PM 29 ARTICLE 21 FUNERAL EXPENSES Section 1. The City will make a payment not to exceed $5,000 for funeral costs to the beneficiary of bargaining unit employees killed in the line of duty. Section 2. All employees shall, on a form to be supplied by the Human Resource Director or his/her designee, designate by name and address, the individual to whom such funds are to be paid. S \CA \Collective Bargaining\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doc 203 PM 30 ARTICLE 22 MEDICAL EXPENSES Section 1. Members will receive and shall be obliged to take an annual electro - cardiogram and physical examinations by licensed physician approved by the City. Scheduling shall be at the discretion of the Department and the results will become part of the employee's permanent record. Said medical records shall be exempt from public inspection, as provided by Chapter 119, Florida Statutes. The City shall bear the cost of the examination. Section 2. Any condition of disability resulting from Hepatitis, Acquired Immune Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex I, established to have been occurred in the line of duty shall be covered the same as any other duty injury. Section 3. Beginning at the age of 30 and every other year thereafter, bargaining unit members shall be provided a twelve lead EKG and cardiac stress test to be paid for by the City and to be performed at a City designated medical facility. A hepatitis "B" vaccine series shall also be offered by the City to all bargaining unit members at no cost to the member. Section 4. The City shall bear the costs involving lead testing for the Range Instructor(s). Section 5. At the members discretion he /she may request an AIDS and/or Hepatitis screen at the time of his/her annual physical. The cost to be paid for by the City. The results of the AIDS test shall remain confidential. S \CA \Collective Bargaining\Sgt FOP \2001 Negohahons \Final Clean Agr101901 doc 203 PM 31 ARTICLE 23 UNIFORMS Section 1. The City will supply those parts of the uniform that the City requires police sergeants to wear on duty. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Chief of Police, and if adequate funds are available in the City's budget. Section 2. Effective on the date of the approval of this Agreement, sergeants who are members of the bargaining unit and assigned to plain clothes duty will receive a maximum of $1,000.00 per contract year, paid in $250 installments at the end of each quarter and pro -rated as appropriate when assigned during each quarter to plain clothes duty. This allowance shall commence from the date of assignment on a pro -rate basis. Section 3. Sergeants assigned to plain clothes duty for more than three (3) months at a time will receive a clothing allowance in accordance with the above for the three (3) months and pro -rated thereafter. Section 4. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall designate the only approved dry cleaning establishment. Plain clothes Sergeants shall be given a cash cleaning supplement reasonably equivalent to that of the uniformed sergeant. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro -rated basis. Section 5. Sergeants assigned to plain clothes duty for more than three (3) months at a time will, for that three months period, be given a cash cleaning supplement equivalent to that given sergeants and S \CA \Collective Bargaining\Sgt FOP \2001 Negotiations\Final Clean Agrl 01901 doc 203 PM 32 pro -rated thereafter. These payments for sergeants assigned to plain clothes duty will substitute for the normal cleaning allowance for sergeants. S \CA \Collective Bargammg\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doc 2 03 PM 33 ARTICLE 24 TRAINING Section 1. All training required of the sergeant by the Police Department when off duty shall be compensated at the rate of time and one -half (1 1/2) the employee's regular rate of pay, not including seminars, conferences, schools and special programs. Section 2. The Police Chief will decide on the Department's training program according to his judgment of the needs and requirements and potential for each member of the Department. S \CA \Collective Bargaining\Sgt FOP \2001 Negotiations\Final Clean Agrl 01901 doc 203 PM 34 ARTICLE 25 PERSONNEL RECORDS Section 1. All personnel records shall be maintained within the limits of and in accordance with the provisions of the Public Records Law. Section 2. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his or her own personnel records whenever or however kept. The member shall have the right to make duplicate copies of his or her own records at no expense to the member. No record shall be hidden from a member's inspection and members shall have the right to allow anyone of his or her choosing to inspect the personnel records with written authorization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee within the provisions of the Public Records Law. Section 3. A personnel file for all bargaining unit employees is maintained by the City Human Resources Department. The City will purge these files of disciplinary actions in accord with the appropriate Florida State Statute. The purging will take place when the Human Resources Department notes that it is time for a record to be purged or when an employee, in writing brings the matter to the attention of the Human Resources Director. An employee may request, in writing, that specific items be added to his /her Personnel file. Section 4. All citizen complaint files and Internal Affairs investigations will be governed by Florida State Statutes and the Public Records destruction guidelines. Section 5. All bargaining unit members covered by this Agreement must be notified in writing (E -mail is acceptable notification) when someone other than a City employee requests to review the bargaining S \CA \Collective Bargainmg\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doe 203 PM 35 unit members' personnel/I.A. file. S \CA \Collective Bargammg\Sgt FOP\2001 Negotiations\Final Clean Agr101901 doc 203 PM 36 ARTICLE 26 SOLICITATIONS No member shall be forced to attend or participate in solicitations for monies, membership or sales by any outside group (charities, insurance companies, religious organizations, etc.) while on duty or at roll call. S \CA \Collective Bargammg\Sgt FOP \2001 Negotiations\Final Clean Agrl 01901 doc 203 PM 37 ARTICLE 27 SAFETY AND HEALTH Section 1. The City agrees that it will conform to all State and Federal laws concerning safety, health, sanitation and working conditions, when said laws are specifically applicable to public employees. Section 2. Protective devices, wearing apparel and other equipment necessary to protect employees from injury shall be provided and maintained in proper working condition by the City at no cost to the employee. S \CA \Collective Bargaining\Sgt FOP \2001 Negotiations \Final Clean Agrl 01901 doc 203 PM 38 ARTICLE 28 USE OF CITY FACILITIES The FOP shall be entitled to the use of City facilities to conduct Union business at the same cost assessed to other groups. S \CA \Collective Bargaming\Sgt FOP\2001 Negotiations \Final Clean Agrl 01901 doc 203 PM 39 ARTICLE 29 HOURS OF WORK AND OVERTIME Section 1. The normal hours of work for bargaining unit members not assigned to the 11.5 hour day shall be five (5) days per week at eight (8) hours per day, or four (4) days per week at ten (10) hours per day. For those members assigned to an 11.5 -hour day, the normal work period is a twenty -eight day, one - hundred - seventy one hour work cycle. Time - and - one -half paid for all hours above 171 hours actually worked in that cycle. For the purpose of calculating hours worked for overtime purposes, only the following categories of leave shall be treated as hours worked: A. Vacation time B. Hours actually worked C. Section 2. No work schedule, days off, hours of work, etc., shall be changed primarily for the purpose of avoiding the payment of overtime. Section 3. No person shall be required to work more than sixteen (16) hours at one (1) time, except in a declared emergency. For the purposes of this section and this agreement, an emergency shall be a natural disaster, (flood, hurricane, etc.) or man -made disaster (riot, mass civil unrest, etc.) or other incident which directly threatens the health and safety of the citizens of Boynton Beach. Section 4. Any employee who works in excess of the normal work day or the normal work week shall be entitled to pay, for those hours in excess of the normal work day or the normal work week, at the rate of time and one -half (1 1/2) the employee's regular rate of pay. S \CA \Collective Bargaining\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doe 2 03 PM 40 Section 5. One Sergeant per shift per day will serve in the capacity of Administrative Sergeant and shall be entitled to receive 15 minutes of overtime pay for performance of tasks generic to their position such as organization, shift preparation and review of subordinates work. S \CA \Collectwe Bargammg\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doc 2 03 PM 41 ARTICLE 30 SHIFT SELECTION Section 1. The Chief of Police or his /her designee shall have discretion to determine the number of persons assigned to each shift and division within the Department. Section 2. The City may designate the number of slots assigned to each shift. Thereafter the employees shall choose slots by seniority. The Department shall have discretion to change the junior sergeant for training purposes. The right to select shift shall not apply to probationary sergeants. Section 3. For the purposes of shift selection only, at the scheduled shift pick Acting Sergeants with six (6) months or more experience in the position of Acting Sergeant shall be considered in the pick as Junior Sergeant and shall fall in the shift pick accordingly. S \CA \Collective Bargaining\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doc 2 03 PM 42 ARTICLE 31 SENIORITY Section 1. Seniority shall be computed from the date of promotion to sergeant. If two (2) sergeants 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. Seniority 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 sergeants assigned to each division and each shift. Section 5. For lay -offs and other non - disciplinary reductions in personnel, Senior Classes will displace Junior Classes. An example would be: if a police sergeant's position is to be abolished, the incumbent with the least seniority in the position of sergeant would displace a Police Detective, who would displace a Police Officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. S \CA \Collective Bargaining\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doe 203 PM 43 ARTICLE 32 TRANSFERS AND SHIFT CHANGES Section 1. No member shall be transferred nor have his/her shift or schedule changed, including days off, without forty -eight (48) hours notice, except in time of emergency, as elsewhere defined in this Agreement. If a member suffers a transfer or shift change, as defined in this Agreement, without forty - eight (48) hours notice and without the consent of the employee, all time worked on the first newly assigned shift or workday shall be at the overtime rate. Section 2. Members may request to exchange shifts, provided that the exchange is approved by the members supervisor. Such approval shall not be unreasonably withheld. The City shall not be obligated to pay overtime to accommodate the exchange. S \CA \Collective Bargammg\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doc 203 PM 44 ARTICLE 33 GROUP INSURANCE Section 1. The City shall pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. Section 2. The City shall pay for one hundred percent (100 %) of the cost of individual coverage in a group health insurance policy for members of the bargaining unit. . Section 3. The selection of a carrier or carriers to provide health and dental insurance coverage is a managerial function reserved solely to the City. The City will use its best efforts to maintain health and dental coverage which is substantially equivalent to the coverage in effect on the date of ratification of this Agreement. Reductions in coverage are permissible and do not constitute a unilateral change of benefits under this Collective Bargaining Agreement, provided, in the event the total health and dental insurance benefit package is altered in a manner which increases either a bargaining unit members' annual deductible by more than five (5 %) percent over the deductible current at time of ratification or an itemized co- payment by more than 25 %, the union may reopen negotiations of this Article, by making written request to the City Manager. The review and selection of insurance coverage shall be made on an annual basis by the City. To that end, the City has formed an insurance committee comprised of an equal number of non - represented members who are appointed by the City Manager and two members from each of the City's bargaining units. Bargaining unit representatives shall be designated by the Union. The committee shall meet annually in sufficient advance of the annual insurance benefit renewal S \CA \Collective Bargammg\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doc 2 03 PM 45 as to have meaningful input in that process. The final decision regarding selection of coverage is reserved to the City, but the City shall strongly consider input and recommendations from the insurance committee. S \CA \Collective Bargatnmg\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doc 2 26 PM 46 ARTICLE 34 TUITION REIMBURSEMENT Section 1. The City shall provide an incentive in the form of paid tuition and books for members who choose to attend an accredited college or university. Section 2. The member shall initially pay and be reimbursed by the City upon presentation of documented completion of the course. College and /or University program must be initially approved by the City Manager. Section 3. Members attaining a grade of "A" or "B" shall be reimbursed for 100% of the cost of a course. Members attaining a grade of "C" shall be reimbursed for 50% of the cost of a course. In the event that a course is a mandatory pass /fail course, a grade of passing shall be treated as a satisfactory grade and will be reimbursed for 100% of the cost of the course. Employees shall receive no compensation for grades below a "C ". Section 4. Courses must lead to a degree in the fields of law enforcement, criminal justice, public administration, or any other similar police profession discipline that may, in the opinion and with the approval of the City Manager enhance the member's performance as a law enforcement officer. S \CA \Collectwe Bargaimng■Sgt FOP\2001 Negottanons \Final Clean Agr101901 doe 226 PM 47 ARTICLE 35 DEPARTMENTAL POLICIES, RULES AND REGULATIONS Section 1. It is agreed and understood that the Police Department currently has policies, rules and regulations governing employment. The formulation, amendment, revision and implementation of any rule shall not be arbitrary or capricious. In the event of a conflict between the rules and specific provisions of this Agreement, the Agreement shall control. Section 2. In the event the City wishes to amend, revise or implement any new rule, it shall give ten (10) days notice to the Union. S \CA \Collective Bargaining\Sgt FOP \2001 Negotiations\Final Clean Agr101901 doe 226 PM 48 ARTICLE 36 SPECIAL DETAILS Section 1. Off -duty police employment shall be defined as any police - related duty that is performed or administered by a sworn employee which is paid for by a private entity, through the City of Boynton Beach. Section 2. When City facilities are used by other agencies or persons, any desired security arrangements shall be at the option of the user. If the user and/or the City determines that certified police officers are to be required at any public event, only Boynton Beach Police Department personnel shall be used. S \CA \Collective Bargaining\Sgt FOP \2001 Negotiations \Final Clean Ag101901 doc 226 PM 49 ARTICLE 37 GRIEVANCE AND ARBITRATION PROCEDURES Section 1. A grievance is defined as a dispute involving the interpretation or application of the Collective Bargaining Agreement. Section 2. A dispute over disciplinary action is not a grievance, but shall be referred to as an appeal of disciplinary action. The process for handling appeals of disciplinary action are set forth in this Article. Section 3. The parties are committed to resolving grievances in a timely fashion. Accordingly, any grievance not submitted or advanced by the grieving party in accordance with the time limits set forth below will be considered abandoned. Any grievance not answered by the City within the time limits set forth below will automatically advance to the next step of the grievance procedure. By way of example: When a grievance is advanced to the Police Chief on January 1 the Police Chief must respond by January 21 If the Police Chief responds to the Grievant on January the 3 and the Grievant is not satisfied with the Chiefs determination, the Grievant has ten (10) days from January 3 to request appointment of an arbitrator. If the Police Chief fails to respond by January 21 the Grievant has ten (10) days from January 21 to request appointment of an arbitrator. Section 4. A grievance must be filed within ten (10) days of the first occurrence of the event which give rise to the dispute. Grievances shall be presented in the following manner: S \CA \Collective Bargammg\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doc 226 PM 50 Step 1. A grievance must be filed on a form approved by the City within ten (10) calendar days as set forth in Section 4 above. The grievance must make specific reference to the Article and Section of the Agreement in dispute, set forth detailed facts explaining how the Article and Section has been misapplied by the City, and state the relief sought by the grievant. The grievance form shall be filed with the grievant's immediate supervisor. In the case of a class grievance filed by the Union, the grievance form shall be filed with the Police Chief. Step 2. The immediate supervisor shall review the grievance and make a written recommendation for disposition of the grievance to the Police Chief within five (5) days of receipt of the grievance. Step 3. The Police Chief shall review the grievance and render a written decision within twenty (20) days of the filing of the grievance with the immediate supervisor. The Police Chief may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 4. In the event that a grievant is not satisfied with the disposition of the grievance by the Police Chief, the grievant shall have the right to submit the grievance to the City Manager. Submission to the City Manager shall be made within ten (10) days of the date of the Chief's disposition or the expiration of the time period for the Chief's disposition in the event the Chief does not render a decision. Step 5. The City Manager shall review the grievance and render a written decision within twenty (20) days of the filing of the grievance with the City Manager. The City Manager S \CA \Collective Bargammg\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doc 226 PM 51 may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 6. In the event the employee is not satisfied of the disposition of the grievance by the City Manager, or if there is no disposition by the City Manager in a timely fashion, the grievant may request appointment of an arbitrator. The grievant's request for the appointment of an arbitrator must be made within ten (10) days of the date of the City Manager's disposition of the grievance, or the expiration of the time period for the City Manager's disposition in the event the City Manager does not render a decision. Step 7. The grievant's request shall commence with a written request the Federal Mediation and Conciliation Service to submit a list of names of five (5) arbitrators. Both parties will alternatively strike one name until an arbitrator is agreed to. Following appointment of an arbitrator, arbitration shall proceed as set forth in this Agreement. S \CA \Collective Bargammg\Sgt FOP\2001 Negotiations\Final Clean Agr101901 doc 226 PM 52 ARBITRATION Section 1. When an arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the City, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration hearing on the grievance itself. If the City raises the question of arbitrability and loses that determination, the City shall pay the cost of the arbitrator. If the City raises the question of arbitrability and the arbitrator determines that the matter is not arbitrable, the Union shall pay for the arbitrator. This provision shall not prohibit the City from challenging the arbitrability of any grievance in an action for declaratory relief filed in the Circuit Court of Palm Beach County, Florida. In the event of a court action by the City, the grievance /arbitration proceeding shall be abated until the conclusion of the court proceeding_ Section 2. The arbitrator shall conduct the arbitration hearing no less than thirty (30) days nor more than ninety (90) days from the date of appointment. Section 3. In the event a party seeks continuance of an arbitration hearing once set, the requesting party shall pay any fee charged by the arbitrator for resetting the hearing. Section 4. The arbitrator's decision shall be confined to the statement of the grievance set forth in the written grievance form together with any defenses raised by the City at any step of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this agreement or any part thereof in order to resolve a grievance. The arbitrator may S \CA \Collective Barganung\Sgt FOP \2001 Negotiations \Final Clean Agr101901 doc 226 PM 53 not issue declaratory opinions and shall confine himself/herself exclusively to the issues presented, which must be actual and existing_ Section 5. The arbitrator shall render a written decision within thirty (30) days of the close of the arbitration hearing or submission of post hearing briefs, whichever occurs last. DISCIPLINARY APPEALS Section 1. Discipline is classified as either major or minor as follows: MAJOR: Termination Demotion Suspension without pay -more than two (2) days No employee shall be subject to major discipline without first being afforded a pre - determination conference with the City Manager or his /her designee. No pre - determination conference shall be conducted with less than ten (10) calendar days notice to the employee. MINOR Written reprimand Suspension without pay - two (2) days or less Section 2. Appeals of disciplinary action shall be handled as follows: A. Major discipline may be appealed to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in this Article. The request for appointment of an arbitrator must be made in writing within ten (10) calendar days of notice of disciplinary action. B. 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. S \CA \Collective Bargammg\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doc 2 26 PM 54 C. Written reprimands may not be appealed but the employee may submit a written response to a written reprimand provided the response is submitted within ten (10) days of the written reprimand. If a written response is submitted by the employee, it shall be attached to the written reprimand and placed in the employee's personnel file. D. Suspensions without pay of two (2) days or less may be appealed to the Human Resource Manager whose decision shall be final. An appeal shall be filed in writing within ten (10) days of notice of the suspension without pay. The Human Resource Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days of the appeal. The Human Resource Manager's decision may be to either sustain, reverse, or modify the discipline. In no event shall the Human Resource Manager's decision increase the discipline to more than a suspension without pay of three days. The Human Resource Manager make conduct interviews with the grievant, departmental staff, or members of the bargaining unit as part of his /her investigation of the discipline_ S \CA \Collective Bargaming\Sgt FOP\2001 Negotiations\Final Clean Agr101901 doc 226 PM 55 ARTICLE 38 PAST PRACTICES All employment practices listed below shall remain in effect: A. Lockers. B. Locker room shower, gym. C. Shoes every six (6) months. D. Provide weapons, equipment, gear appropriate to assignment. E. Bullet proof vests. F. Jackets, raincoat, boots. G. Desk space, office supplies. H. Approved and required travel expenses. I. Use of City vehicles for court when available. J. Three (3) complete uniforms per year, as needed. S \CA \Collective Bargammg\Sgt FOP \2001 Negotiations\Final Clean Agr101901 doc 2 26 PM 56 ARTICLE 39 ENTIRE AGREEMENT The parties agree that this Agreement constitutes the full and complete understanding of the parties. This Agreement cannot be changed or altered unless it is by mutual consent by both parties, in writing. S \CA \Collective Bargaining\Sgt FOP\2001 Negotiations \Final Clean Agrl01901 doc 226 PM 57 ARTICLE 40 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 a mileage rate as established by City resolution, 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. Section 3. When a bargaining unit member is permitted to take a City assigned vehicle home, use shall be limited to coming and going from home to work and no deviations for non - essential (i.e. not related to work) personal errands. S \CA \Collective Bargaining\Sgt FOP\2001 Negotiatic s\Final Clean Agrl 01901 doc 226 PM 58 ARTICLE 41 QUALIFICATIONS FOR A BARGAINING UNIT POSITION Eligibility for hiring or promotion to position in the bargaining unit shall be as follows: A. Three (3) years of experience as a law enforcement officer with the City of Boynton Beach, United States military police, any law enforcement agency, or any combination thereof. B. Must possess on effective date of hire and thereafter maintain FDLE certification. C. Must possess on effective date of hire and thereafter maintain a Florida drivers license. S. \CA \Collective Bargaining\Sgt FOP\2001 Negotiations\Fina1 Clean Agrl 01901 doc 2.26 PM 59 ARTICLE 42 TEMPORARY ASSIGNMENT Section 1. Sergeants acting in the capacity of Watch Commander shall be paid five percent (5 %) above the sergeant's regular rate of pay. Section 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. S \CA \Collectwe Bargainmg\Sgt FOP \2001 Negotiations\Final Clean Agr101901 doc 226 PM 60 ARTICLE 43 SAVINGS CLAUSE Section 1. If any Article or section of this Agreement should be determined by a court of competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or judicial decision, all other Articles and sections of this Agreement shall remain in full force and effect with it being presumed to be the intent of the parties that the invalid language be stricken. Section 2. In the event of such a determination, the parties shall meet within thirty (30) days for the purpose of negotiating a substitute provision. Section 3. All new hires, promotions and appointments will have a one (1) year probationary term. S \CA \Collective Bargaining\Sgt FOP\2001 Negohations\Final Clean Agr101901 doc 2 26 PM 61 ARTICLE 44 CHEMICAL TESTING Section 1. The City agrees to use State Certified Laboratories for all drug testing. Drug and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retesting shall be as set forth in Florida Administrative Code, Florida Statutes and the Drug Free Workplace policy adopted by the City of Boynton Beach. S \CA \Collective Bargaining\Sgt FOP\2001 Negotiations \Final Clean Agri 0I901 doc 226 PM 62 ARTICLE 45 DURATION OF AGREEMENT Section 1. This agreement shall be effective on ratification by both and shall continue in full force and effect up through and including September 30, 2002.. Agreed to this /Q6A day of , 2001 , by and between the respective parties through the authorized representatives of the Union and the City. POLICE SERGEANTS FRATERNA OF POLICE BY: • 4 ;/ , , 7 Chief Representative Witness Ci�r 4" /frf sida2 MCali Ora."14014.-- Witness CITY OF BO TO BEAC BY: Ma r ilf ATTEST: Witnes • I� Clerk Witness APPROVED AS TO FORM: Cit torney Ratified By City Commission Ratified by Union 11-- 0(0 -01 /0-1i Date Date S \CA \Collective Bargain ng\Sgt FOP\2001 Negotiations \Final Clean Agr101901 doc 226 PM VI.- CONSENT AGENDA pYNT ITEM C.6 1,4 - , ,4)., 2 CITY OF BOYNTON BEACH o a W AGENDA ITEM REQUEST FORM y �4fa Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ July 17, 2001 July 5, 2001 (5 00 p m) ❑ September 19, 2001 September 5, 2001 (5 00 p m ) ❑ August 7, 2001 July 18, 2001 (5 00 p m) ❑ October 2, 2001 September 20, 2001 (5 00 p m ) ❑ August 21, 2001 August 8, 2001 (5 00 p m) ❑ October 16, 2001 October 3, 2001 (5 00 p m ) ❑ September 4, 2001 August 22, 2001 (5 00 p m) ® November 6, 2001 October 17, 2001 (5 00 p m ) ❑ Administrative ❑ Development Plans NATURE OF ® Consent Agenda ❑ New Business AGENDA ITEM ❑ Public Hearing ❑ Legal ❑ Bids ❑ Unfimshed Business ❑ Announcement ❑ Presentation ❑ City Manager's Report RECOMMENDATION: Motion to approve a Collective Bargaining Agreement between the City of Boynton Beach and the FOP Sergeants for a one year contract, expiring 9/30/02. EXPLANATION: The FOP Sergeants and the City negotiating team have successfully negotiated a one year Collective Bargaining Agreement, which has been ratified by the Union and is w before the Commission for ratification. S� PROGRAM IMPACT: %\S O t FISCAL IMPACT: ` � 1 CS P ALTERNATIVES: 1 _ / / all,,/��iA _ .1 Department Head's Signature - City Manager's • ignature / City Attorney 1 r, Department Name City Attorn m ance / Human Resources S \BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC MEMORANDUM TO: GEORGE MATTHEW IMMLER ASST. CHIEF OF POLICE FROM: JANET PRAINITO, INTERIM CITY CLERK DATE: NOVEMBER 20, 2001 RE: RESOLUTION #R01 -293 AND AGREEMENT Attached please find a copy of the above mentioned resolution and agreement that was approved at the City Commission meeting held on November 6, 2001. C: Finance Ernst & Young Human Resources Attorney