2001-2004 Officers Agreement i A RESOLuTION'oF TIll CITy cOMMISSioN OF ~THE
:,... ..... CITY OF BOYNToN:BBAcH' .FLORIDA, RATIFYING
· ' O U
~BA) Mve sucCess~Y ~nciMed negotiatiom for a t~eo ye~;con~t; ~d
~~, ~e Ageemmt w~ ratified by ~e Bmg~ng UMt of ~e Union;
"~ ~E~, ~e CitY Co~ssion of ~e CiW of Boston Be<h deems it to be M
y'~ best int~ests of ~e residmts ~d ci~ms of ~e City to rafi~ ~e A~ement ~d
- ....... execute ~e sine; ~d
~ NOW, ~~FO~, BE ~ ~SOL~D BY T~, CIW CO~SSiON
~ T~ ~OF BOYNTON BEACH, FLO~ ~AT:
::~ S~fion 1. ~e City Co~ission of~e City of Boston Beac~ Florida do~
.. ~ ra~ the A~eemcnt be~een'~e City of 'Boston Beach ~d ~e Ponce
. )' ~soCiafion (PBA)' for ~e period of Octob~ 1, 200t ~ou~ Septemb~ 30,
;~. } '~d amhofi~g ~d dkect~g the Mayor ~d Ciw Cl~k to execme the A~ement,
~,,.~ a copy of s~d a~ment b~ng ~hed hereto as E~bit "A"'
~r ~ S~fion 2. ~is R~olufion ~ b~ome eff~five ~e~ately upon p~sage.
~missioner'
~.TTEST:
Clerk
2001-2004
AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
PASSED AND ADOPTED this day of November , 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mawr
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
s:ca~resc~agreements~PBA- 01434
TABLE OF CONTENTS
ARTICLE PAGE NO
1 Preamble 1
2 Recognition 2
3 Non-Discrimination 3
4 Dues Deduction 4
5 Union Business 5
6 Bulletin Board 6
7 Eligibility for Promotion 7
8 Vacancies 8
9 Management Rights 9
10 Advisory Committee 11
11 Hours of Work and Overtime 12
12 Wages 13
13 Seniority 16
14 Additional Monetary Benefits 17
15 Uniforms 20
16 Medical Expenses 21
17 Group Insurance 22
18 Leaves 23
19 Holidays 26
20 Funeral Expenses 27
21 Equipment Maintenance & Safety 28
22 Training 29
23 Career Path Program 31
24 Personnel Records 33
25 Legal Action 34
26 Grievance Procedure 35
27 Discipline Appeals 38
28 Rights of Law Enforcement Officers
Under Investigation 39
29 Discipline and Discharge 40
30 Past Practices 41
31 Personal Vehicles 42
32 Department Polices, Rules & Regulations 43
33 Posting 44
34 Complete Agreement and Waiver Clause 45
35 S everablity 46
36 Duration/Signature Page 47
ARTICLE 1
PREAMBLE
This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the
"City" and Palm Beach County Police Benevolent Association, located in West Palm Beach, Florida,
hereinafter refereed to as the "Union", for the purpose of setting forth the parties Agreements
regarding fights, wages, benefits, and conditions of employment.
2
ARTICLE 2
RECOGNITION
The City hereby recognizes the Union as exclusive bargaining agent for the purpose of presenting
proposals relative to salaries and other conditions of employment for the bargaining unit consisting
of all full time sworn police officers within the following job classification: Police Officer and
Police Detective, or as modified by PERC. The term "member" or "employee" will mean any
member in the bargaining unit.
Effective October 1,2001, the City will no longer fill vacant Detective positions. All bargaining unit
members who hold the position of Detective at time of ratification of this Agreement shall continue
to serve as Detectives until:
A. The member is promoted, or
B. The member resigns from the position, or
C. The member is demoted, for cause, or
D. The member retires.
3
ARTICLE 3
NON-DISCRIMINATION
The City will not interfere with the rights of officers to become members of the Union, and there
shall be no discrimination, interference, restraint or coercion by the City, or any City representative,
against any officer because of membership or because of any activity in any official capacity on
behalf of the Union. The Union shall not discriminate against any bargaining unit member who fails
to join the Union.
The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall
work jointly to eradicate 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. Discriminatory conduct
means any communication, verbal or non-verbal, which is unwelcome, objectionable, or not
acceptable, desired, or solicited and relates to race, sex, color, religion, national origin, handicap,
familial status, sexual orientation, age, or marital status.
4
ARTICLE 4
DUES DEDUCTION
Upon receipt of a form provided by the Union and approved by the City which has been voluntarily
executed by a City employee who is a member of the bargaining unit, the City will deduct from the
pay due the employee, those dues and uniform assessments required to retain Union membership as
certified by the Union. The total amount of deductions shall be remitted each month by the City to
the Treasurer of the Union. This authorization shall remain in full force and effect during the term of
this Agreement or for thirty (30) days after notification of the revocation of the authorization to
deduct by the employee.
ARTICLE 5
UNION BUSINESS
Section 1. Union representatives will be granted paid leave to engage in representation activities
on behalf of the Union or any member as follows:
A. Engaging in collective bargaining with the representatives of the CITY.
B. Processing of ghevances.
C. Accompany a fellow employee when:
1. The employee is required to appear at a hearing related to a grievance.
2. The employee is presenting or responding to a grievance.
3. The employee is subject to interrogation in conjunction with an internal
affairs investigation.
4. The employee is attending a pre-determination heating.
The CITY may stop the use of such time off if it interferes with productivity or manpower needs.
However, the exercise of such right on the CITY'S part shall not be arbitrary or capricious, nor shall
it allow the CITY to proceed in a manner which deprives the employee of his or her right of
representation.
A UNION representative shall be permitted leave to attend functions of the Union, provided that
such leave shall be at no cost to the CITY and representatives shall use accrued vacation leave.
Section 2. No employee shall engage in Union business while on duty except as referenced in
Section 1.
6
ARTICLE 6
BULLETIN BOARD
The City will provide bulletin board space; one in the Line Up Room and one in the Detective
Division for the exclusive use of the Union, for posting bulletins, notices and other union material.
A notice or item placed on the bulletin board shall bear, on its face, the legible designation of the
person responsible for placing of this notice or item on the bulletin board.
7
ARTICLE 7
ELIGIBILITY FOR PROMOTION
All bargaining unit members who have served for three years as a sworn law enforcement
officer in the City of Boynton Beach are eligible for testing for promotion to the position of
Sergeant.
ARTICLE 8
VACANCIES
Section 1. Consistent with the City's recruitment and selection policy (PPM Chapter 06), vacant
positions shall be filled in the best interest of the City through recruitment and selection of
employees on the basis of their qualifications and relative knowledge, abilities, and skills.
Section 2. When a position in the bargaining unit is filled by hiring a candidate with law
enforcement experience from another agency, the candidate may be credited with one year for every
two years of law enforcement experience and may be hired at a base annual rate of pay not to exceed
$38,800 in year one, $40,158 in year two, and $41,563 in year three. This provision may be applied
retroactively to members hired within the past twenty-four (24) months (from date of ratification), at
the discretion of the Police Chief.
ARTICLE 9
MANAGEMENT RIGHTS
Section 1. The Union recognizes that the City has the exclusive fight to manage and direct the
Police Department. Specifically, but not by way of limitation, the City retains the exclusive right to:
A. To establish procedures to hire, promote, and lay off employees.
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. To require employees to submit to physical, medical, and psychological testing to
determine fitness for duty. No bargaining unit member shall be ordered to submit to
physical, medical or psychological testing to determine fitness for duty without such
testing being approved by the Police Chief and the City Manager.
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 Departmental unit or transfer members based upon the
needs of the department as determined by the Chief.
M. The City is a Drug Free Workplace and has established a Drug Free Workplace
Policy. The City supports random drag testing for all bargaining unit members. The
City reserves to itself the power to order employees to submit to reasonable suspicion
10
or random 'drag testing, subject to compliance with the testing/sample handling
procedures as set forth in Florida Statute and the Florida Administrative Code, as
referenced in the City's Drug Free Workplace Policy. The City agrees to use State
certified laboratories for all drug testing.
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 right to exemise 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.
11
ARTICLE 10
ADVISORY COMMITTEE
Section 1. By mutual agreement between the City and the Union, they may establish a joint
committee. The Union membership shall consist of persons from within the position classification
covered by this Agreement, and members designated by the Chief of Police shall consist of persons
within the Department, but outside the bargaining unit.
Section 2. This committee may meet as needed by mutual consent, and meetings may be held
between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday or at another mutually
agreeable time. If a meeting is held during working hours of an employee participant, said
participant may be excused without loss of pay for that purpose. Attendance for a meeting outside of
regular working hours shall not be deemed as time worked and participants will not receive
additional pay or leave benefits.
Section 3. Attendance by other than members of the Union and City Administrative Officers will
be by agreement of a majority of the members of the Committee and shall first receive the approval
of the Chief of Police.
12
ARTICLE 11
HOURS OF WORK
AND OVERTIME
Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day
work cycle. The work cycle per bargaining members assigned to 8 hour shifts is a 7 day work cycle.
For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will
be paid overtime for all hours worked in excess of 170 hours in a 28 day work cycle. For the
purpose of calculating overtime, bargaining unit members assigned to the 8 hour shift will be paid
overtime for all hours worked in excess of 40 hours in a 7 day work cycle.
For purposes of calculating overtime, only hours actually worked, hours taken for authorized leave
for training or school, and vacation leave shall be counted as hours worked.
Overtime pay, when so granted, will normally be contained in the member's next regular pay check
following the time worked.
Employees who are in a duty status seven (7) or fewer minutes either prior to or after their shift will
not be eligible for overtime pay. Employees who are in a duty status eight (8) or more minutes either
prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for
overtime pay.
Section 2. Pursuant to Article 9, Section 1D., it is a Management Right to establish and change
the starting and quitting times and the number of hours and shifts to be worked. Departmental wide
shift schedules shall not be changed without the City providing thirty (30) days advanced notice to
the Union of the change.
Section -3. No member of the Bargaining Unit shall be required or allowed to work more than
sixteen (16) continuous hours except during a declared emergency or during an ongoing immediate
investigation. Members of the Bargaining Unit acknowledge that they have an obligation to come to
work physically and mentally prepared to efficiently and effectively carry out their responsibilities.
No member of the bargaining unit shall be scheduled either by the department or through shift swaps,
details, or over-time, to work more than 16 hours of duty in a 24 hour period, except during
emergencies or where overtime is required to complete an on duty assignment, i.e. late arrest. For
the purpose of this section, duty means regular assigned duties and detail assignments, not to include
court, depositions, filings, and similar judicial responsibilities.
13
ARTICLE 12
WAGES
Section 1. Base Wage Adjustments
BARGAINING UNIT MEMBERS HIRED PRIOR TO 10/1/00
Year One (October 1, 2001- September 30, 2002):
The City has transitioned to a performance based compensation system. The procedures for
conducting annual performance evaluations for all police department personnel is set forth in the
Police Department Written Directives, Index Code 700.
Effective the first pay period following October 1,2001, each bargaining unit member hired
prior to 10/1/00 will have his/her base wage adjusted to the amount shown by their name in Colunm
9 of Exhibit "A" if the employee has received a score of 2.91 or higher on their most recent
performance evaluation.
A member who receives an evaluation score of less than 2.91 shall have a counseling
session with supervisory personnel and be provided with performance goals. The member will be re-
evaluated ninety (90) days following the counseling session. If a 2.91 or higher evaluation score is
received, the member will receive a wage adjustment to the amount shown by their name in column
9 of Exhibit "A" effective the first pay period following the re-evaluation. A member who does not
achieve a score of 2.91 rating on re-evaluation, is subject to a non-disciplinary performance based
termination.
Year Two (October 1, 2002- September 30, 2003):
Effective the first pay period following October 1,2002, each bargaining unit member hired
on or before 10/1/00 will have their base wage adjusted by adding to their base salary a percentage of
the amount shown in Column 8 on Exhibit "A", based on their most recent performance evaluation
as follows:
Outstanding 100%
Exceeds Expectations 90%
Meets Expectations 80%
Below "Meets Expectations" 0%, subject to 90 day re-evaluation rule stated above.
Year Three (October 1, 20153- September 30, 2004):
Effective the first pay period following October 1, 2003, each bargaining unit member hired
on or after 10/1/00 will have their base wage adjusted by adding to their base salary a percentage of
the amount shown in Column 8 based on their most recent performance evaluation as follows:
Outstanding 100%
Exceeds Expectations 90%
Meets Expectations 80%
Below "Meets Expectations" 0%, subject to 90 day re-evaluation rule stated above.
BARGAINING UNIT MEMBERS HIRED ON OR AFTER 10/1/00
Bargaining unit employees hired on or after 10/1/00 shall not progress in base pay in the same
manner as bargaining unit members hired prior to 10/1/00. Bargaining unit employees hired on or
after 10/1/00 shall advance in base pay through the progressions as follows, provided the member
receives a performance evaluation of"Meets Expectations" or better:
PROGRESSION PROGRESSION PROGRESSION PROGRESSION
$34,000 $35,530 $37,129 $38,800
A member hired on or after 10/1/00 with a base salary of less than $34,000 will move to $34,000
effective 10/1/01. A member hired on or after 10/1/00 with a base salary of more than $34,000 will
move to $35,530 on 10/1/01. On 10/1/02 and 10/1/03 members will move up one progression from
their 10/1/01 base pay.
Section 2. STARTING AND TOP OUT PAY
The starting salary for a new hire police officer during the term of agreement is as follows:
10/1/01-9/30/02 10/1/02-9/30/03 10/1/03-9/30/04
$34,000 $35,190 $36,422
New hires will thereafter progress in base salary following the progressions stated above. Example:
an employee hired on 12/1/01 will be hired at $34,000, will receive an increase on 10/1/02 to
$35,530, on 10/1/03 to $37,129, and thereafter as subsequently negotiated by the parties.
The top out pay (maximum base annual salary) for police officers during the term of this agreement
is as follows:
110/1/01-9/30/02 110/1/02-9/30/03 I 10/1/03-9/30/04
15
I $53,529 [ $55,900 I $59,000 i
No member shall receive an adjustment to base salary in excess of top out pay. Payment over
base shall be lump sum and may be treated as wages for pension calculation purposes when approved
by the Pension Board.
Section 3. Shift Assignment Pay
Each member assigned to the 11 ½ hour shift, who works that shift, will be paid an
additional 8.5% of base.
Section 4. Special Assignments Pay.
A. Traffic Division: Members assigned to the Traffic Division who are required to ride a
motorcycle shall be compensated an additional 5% for hazardous duty during said assignment.
B. Vice Members: Those members who are assigned to vice shall be compensated an
additional 5% for hazardous duty during said assignment.
C. Investigators: Those members who are assigned to the position of investigator shall
be compensated an additional 5% during said assignment.
D. SRT (Special Response Team): Those members who have successfully completed
testing and are selected as a member of the Police Department SRT Team, shall be compensated an
additional 10% for hazardous duty when said Team is actually called to duty.
E. K-9 Unit. Members assigned to the K-9 Unit will receive one (1) hour of overtime for
K-9 care, equipment maintenance and vehicle cleaning for each RDO, vacation day where the dog is
not kenneled or otherwise boarded. K-9 officers will be allowed one (I) hour of duty time per work
day to tend to K-9 care, equipment maintenance and vehicle cleaning. Members on vacation will be
credited one hour per day for K-9 care, equipment maintenance and vehicle cleaning.
F. Officers, while assigned as Field Training Officers and who have completed
successfully the required 40-hour training shall be compensated an additional five (5%) during the
assignment.
G. Directed Patrol Unit (DPU). Those members who are assigned to the Directed Patrol
Unit shall receive an additional five (5%) during the assignment.
3.6
ARTICLE 13
SENIORITY
Section 1. The City agrees that seniority shall consist of continuous accumulated paid service
with the Boynton Beach Police Department. Seniority shall be computed from the date of
appointment. Seniority shall accumulate during absences because of illness, injury in the line of
duty, vacation, military leave or any other authorized leave of absence.
Section 2. The City agrees that seniority shall govern the following matters:
A. Filling temporary vacancies. See Article 14, Section 3.
B. Layoffs will be in reverse order of seniority.
C. Selection of day or night shift and starting time.
D. Any special event (Holiday Parade, GALA, July 4th, or any other event) shall be offered
through a rotating list of Police Officers based upon department seniority. This section does not
apply to special details.
Section 3. Assignments to platoons, divisions, and units, is a management right. Seniority will
be given great weight in the selection process, after qualifications and balance of personnel are
considered. Seniority may not in all cases be a prevailing qualification or the sole basis for the
selection. The decision may be reviewed upon request by the Chief of Police who has the final
decision.
Section 4. In the event of a declared emergency altemate shifts or work schedules may be
adopted by the Chief of Police as needed.
17
ARTICLE 14
ADDITIONAL MONETARY BENEFITS
Section 1. Compensatory Time
Members of the Bargaining Unit shall have the option of accumulating a maximum of eighty (80)
hours, per fiscal year, of compensatory time at time and one half. A bargaining unit member who is
promoted to a position outside the bargaining unit, or who retires, or who is terminated, will be paid
the balance of all unused compensatory time. Compensatory time earned and accumulated shall be
paid off totally in September of the fiscal year if not utilized by the end of the month of August.
Compensatory time accumulated will be taken within the scheduling needs of the Department.
Section 2. Special Detail Assignment
All Bargaining Unit Members assigned to cover special details may report directly to their
assignment without prior checking in or out at the police station, but must advise a supervisor
personally or by radio. The officer assigned to special detail shall comply with all current
department policies and procedures in effect.
Section 3. Call Back
Call back is defined as any time an officer is called into work when he/she is off duty, or when the
work time is not contiguous with his/her assigned shift. In the event of call back the employee shall
be compensated for the actual time worked, but not less than three (3) hours at the rate of pay one
and one-half (1 1/2) times his basic hourly rate reflected in the pay schedule in Appendix A. When
an officer is called for call back he/she will be guaranteed a minimum of three (3) hours at time and
one-half and at his/her supervisor's discretion the officer may be required to work the entire three
hours or longer. When an officer is called for call back his/her supervisor will indicate as to whether
or not he/she should arrive in uniform or in plain clothes, if the option is available.
18
Call back shall be handled as follows:
Step 1 Vacancies filled with the off-going shift platoon by seniority.
Step 2 Vacancies filled by other platoon that works the same shift but is regular day off
Step 3 Vacancies filled by other platoon that works the opposite shift (e.g. vacancy on A. 1 is
offered to B.4, 5, 6). Variance to Step 3-the first day back on the shift will make the opposite
shifts ineligible to work. This occurs on Monday, Wednesday and Friday.
Step 4 All patrol officers not previously covered by seniority
Step 5 Vacancies will be offered to Detectives
Step 6 Ordered in by reverse seniority
The 16 hour maximum hours worked rule applies to all call-back.
Section 4. Court Time
A. Court time will be paid at time and one-half when the officer is not on his regular
assignment. An officer on court time will be compensated a minimum of three (3) hours at time and
one-half.
B. An employee who has been instructed to remain on standby for court appearance purposes
during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour
on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum
payment of one (1) hour straight time shall be paid for all standby assignments. When an employee
is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1)
additional hour at straight time. If an officer does go to court he will be paid for the court time
indicated in Section A and not receive standby time pay.
C. Bargaining unit members may report directly to court without prior check in at the police
station. Members are still required to document their attendance at the court house and submit
documentation to the Department.
Section 5. On Call
Any bargaining unit member who is on an "on-call" (on-pager) basis other than court time as
outlined in Article 14, Section 4 shall receive compensation of one hour of pay at time and one half
for each day (24 hour period) on call. No member will be placed "on-call" without the approval of a
division commander, Bureau commander, or designated representative.
Section 6. Schedule
The City will establish the hours of work best suited to meet the operational and fiscal needs of the
Depamnent. Any officer who accepts and participates in a shift swap will follow the proper
protocol. If the officer is sick and cannot meet his/her obligation to work the shift, they are permitted
to find a replacement without penalty. If any officer abuses this privilege by calling in sick the first
time, they will lose the sick time (per hour) and be suspended from shift swaps for three (3) months.
The second subsequent sick call will be a six (6) month suspension from shift swaps, and the third
sick call could force the member to be permanently disqualified from shift swaps. The member
calling in sick will not be penalized if they provide a legitimate excuse or provide documentation of
being sick.
Section 7. Shift Changes - Employer
An officer will be given adequate advance notice as determined by the Chief of any change in his/her
regular hours of work except when an emergency exists. Notice given less than forty-eight (48)
hours before any changed schedule (assignment days or days off) is to take effect, entitles the officer
to receive compensation at the rate of one and one-half(1.5) times his/her regular salary for the first
day of his/her tour of duty.
Section 8.
The City agrees that any member required to be out of Palm Beach County to attend court, seminars,
or for any other reason as a result of his/her duties as a police officer, except if the officer is
exclusively the plaintiffin a personal civil action, will be paid his/her regular rate of pay for each day
or partial day required for said purposes. There will be no regular or overtime compensation.
2O
ARTICLE 15
UNIFORMS
Section 1. The City will provide up to three (3) full uniforms per year and shoes every six (6)
months on an as-need basis. The City will supply replacements for the parts of the uniform when
replacement is appropriate, as determined by the Chief, and if adequate funds are available in the
City Budget. The Detectives and other members of the bargaining unit assigned to plain clothes duty
will receive, in lieu of uniforms, a total of$1,000.00 a fiscal year, paid in $250 installments at the
end of each quarter and pro-rated as appropriate.
Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be
according to current department policies and procedures. The replacement will require the approval
of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required
to include, with his/her claim, an explanation of the circumstances of the damage and appropriate
reports concerning the incident where damage to his uniform took place. This allowance shall
commence fi.om the date of assiglmaent on a pro-rated basis. Uniformed Officers assigned to plain
clothes duty for more than three (3) months at a time will receive clothing allowance in accord with
the above for the three (3) months and pro-rated thereafter.
Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the
contract year. The City shall notify those employees that are eligible, to take their uniforms only to
the approved dry cleaning establishment in Boynton Beach selected by the City. Detectives and
other members assigned to plain clothes will be given a cash cleaning supplement equivalent to that
given the uniform officer. 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.
21
ARTICLE 16
MEDICAL EXPENSES
Section 1. Members will receive and shall be obliged to take annual electrocardiogram and .
physical examination performed by an agency or doctor to be approved by the City. Scheduling will
be at the discretion of the Department, and the results will become part of the employee's record. The
City will pay the cost of this examination only.
Section 2. Beginning at age 30 and when recommended by a City physician, a member will
undergo and the City will pay for a Stress Test, no more than once every three (3) years with no
more than a third of the bargaining unit being compensated for such a test in any one year.
Section 3. The City shall provide an immunization schedule during the life of this Agreement for
any member who wants to be immunized for Hepatitis-Type B. It is incumbent upon the bargaining
unit member to notify the Department should they desire said immunization. Said immunization
shall be administered by qualified personnel.
22
ARTICLE 17
GROUP INSURANCE
Section 1. Medical Insurance
The City shall pay the total medical, hospitalization, and dental insurance premium for all regular
employees. The employees will pay the full cost of medical, hospitalization and dental insurance for
their dependents. Existing or comparable coverage shall remain in effect for the duration of this
Agreement; however in the event the City can provide for alternative equivalent benefits options for
employees then the health insurance coverage for the employee and their dependents may be
amended from time to time. In this connection, should the employees' cost to provide dependent
coverage for their dependents increase more than 15 % during any fiscal year, the City agrees to open
this Article for the purpose of impact bargaining. The review and selection of insurance coverage
shall be made on an annual basis by the City. To that end, the City will form an insurance advisory
committee to be 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 final decision regarding selection of coverage
is reserved to the City, but the City shall strongly consider input and recommendations from the
insurance advisory committee.
Section 2. Life Insurance
Members of the bargaining unit shall be covered by $25,000 of group life insurance with the
premium paid by the City.
Section 3. Dental Insurance
A group dental insurance program will be provided by the City and the City will pay the premium for
employees and $7.00 per month of the premium for family coverage.
23
ARTICLE 18
LEAVES
Annual Leave - Vacation
Personnel in the bargaining unit hired after January 1, 1992 will be covered by City of
Boynton Beach Personnel Policy Manual for all issues relative to annual leave, provided that
shall receive 80 hours in year 1..
employees hired prior to January 1, 1992 will follow the following vacation schedule:
of Service Vacation Hours
1 year 96
2 years 120
3 years 120
4 years 128
5 years 136
6 years 144
7 years 152
8 years 160
9 years 168
10 years 176
11 years 176
12 years 176
13 years 176
14 years 176
15 years 176
16 years 192
17 years 192
18 years 192
19 years 192
20 years 192
21 years & at~er 200
Vacation requests may be submitted from 14 - 45 days in advance for vacation. In the event
requests for vacation dates, the senior member request shall prevail if it was
submitted thirty (30) days prior to the date or dates requested. Vacations of two days or less
be made with twenty-four (24) hours advance notice or less. All other requests
submitted under 30 days shall be on a first come first serve basis regardless of seniority.
Request for emergency vacation leave will considered individually by the Chief.
24
Section 2. Sick Leave
a. Employees will earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours
per month. The use of sick leave will be in accord with the Personnel Policy Manual and
Police Department Rules and Regulations, as applicable. New employees hired after January
1, 1992 shall be subject to the revised sick leave schedule. Each bargaining unit member
covered by this agreement is eligible to receive one bonus day for continuous attendance at
work at the completion of each calendar quarter that the bargaining unit member has not used
sick time during the previous quarter, nor has been absent from work or on leave other than
those 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.
b. Employees who have more than one hundred twenty (120) hours of sick leave as of
September 1, of the current 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
this fiscal year. Those hours over one hundred twenty (120) hours not convened in the
1989-90 fiscal year may be convened in the next fiscal year. This provision shall not be
applicable for fiscal year 1994-97, and shall be subject to the collective bargaining process
for subsequent fiscal years.
c. Sharing Sick Leave
1. It shall be the policy of the City to permit an employee the opportunity of donating
accrued sick leave time to a designated employee 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
vacation leave to the number of vacation hours that said employee would accrue in
one year.
2. Extraordinary circumstances shall be defined as lengthy hospitalization, critical
illness, or injury.
3. When there appears to be a need to share sick leave in accord with Section c.2, the
Union Steward will prepare a list of bargaining unit members who are willing to
contribute sick leave hours, confirm through the Finance Department that the hours
are available and submit the list, accompanied by appropriate Personnel Action Form,
to the Personnel Office for proper charge to sick leave records. Time used will be
used in order listed on appropriate form supplied by the Union Steward.
d. Sick leave for medical appointment can be scheduled more than 48 hours ahead and not be
changed except in the event of an emergency.
25
e. No member shall b~ placed on restricted sick leave unless that member has had a counseling
session, with at least a Watch Lieutenant (Lieutenant rank only). During that counseling
session, the member will be informed of the reasons being considered for restricted sick
leave. At that time, the member will be given an opportunity to explain the sick days taken.
When a member is placed on restricted sick leave, the member will be notified in writing of
that fact. A unit member placed on restricted sick leave shall be re-evaluated in six months.
If not re-evaluated within ten working days after the six month period the unit member will
be removed from restricted sick leave.
f. At the employee's option, the employee may convert excess sick leave time as defined in
accordance with this section to vacation time not to exceed forty (40) hours, to be transacted
in the first month of the calendar year.
Section 3. Personal Time
a. A total of three (3) shifts for personal time per year will be allowed in increments of one-half
shift at a time or a full shift, not back-to-back. Personal time will not be accumulated from
year to year and in no way should be a basis of termination pay. No request for personal
leave will be denied without a reasonable justification. Personal time is to be used in the
same manner as vacation.
b. Employees may request a one-half shift increment of personal time, which will be given at
roll-call only, by seniority.
Section 4. Bereavement Days
Compassionate Leave: In the event of the death of the mother, father, foster parents, brother, sister,
husband, wife, son, daughter, grandparents, grandchildren, mother-in-law, father-in-law,
sister-in-law or brother-in-law of a permanent or probationary employee, grandparents of spouse 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 in connection with the internment of the
deceased, five (5) consecutive calendar days shall be allowed. Employees must verify attendance in
writing in order to be eligible for 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.
26
ARTICLE 19
HOLIDAYS
Section 1. Holidays will be as follows:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
Section 2. Holiday pay will be at 1.5 times regular pay for all members of the bargaining trait
whether or not the holiday is worked.
Section 3. Holiday Conversion
a. Under this Section 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, (i.e. 110 hours for 4/10 employees and 88 hours for 5/8
employees and 126.5 hours for 3-4/11.5).
b. Members who sign up for this section must do so between October 1 st and October 31 st of
each contract year with the Secretary of the Department.
c. Members exercising this option for conversion will be paid only straight time for the hours
worked on the holiday.
d. Members exercising this option may use a vacation day instead of working the holiday. The
vacation hours will be paid at straight time.
e. Members not assigned to work on the holiday will receive their normal weekly pay.
f. 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 fi.om funds due fi.om
the City.
27
ARTICLE 20
FUNERAL EXPENSES
Section 1. The City will make a payment of up to $5,000 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 Chief of Police or his authorized
representative, designate by name and address, the individual to whom such funds are to be paid.
28
ARTICLE 21
EQUIPMENT MAINTENANCE & SAFETY
The City, as a management responsibility, will maintain vehicles and equipment in a safe condition
and in accordance with law or ordinances.
The Union Members accept the responsibility for checking vehicles prior to use and for completing
City providing forms for any defects which is discovered or any operating matter that needs
attention.
Concerns about unsafe condition will be brought to the attention of the immediate Supervisor who
will make ajudgrnent concerning the need for immediate repair prior to use. If the Bargaining Unit
Member does not agree with the immediate Supervisor he/she may ask that the next level of
supervision review his/her concern, and that Supervisor will be the final judge on the safety of the
equipment and the appropriate action to take at that time. Subsequent review of the actions of the
bargaining unit member or the supervisor, will be made by the Chief the next normal work day.
29
ARTICLE 22
TRAINING
Section 1.
All training required of the officer by the Police Department when offduty will be compensated at
time and one half, except for training or travel activities that are off site and considered to be
seminars, conferences, and special programs where expenses incurred are paid for by the City as
provided for by resolution.
Section 2. Weapons Training
The Chief will decide on the training program based on his judgment of the department's needs.
Each member will be allowed three opportunities to meet prescribed qualification standards. If the
officer does not qualify in three attempts, they will be required to qualify on their own time and
expense to remain eligible for employment as law enforcement officers.
Section 3. College Tuition Reimbursement
A. The City will provide for those members who attend colleges and/or universities an incentive
of paid tuition and books based upon the grade score for that class. The member is to pay for
the tuition and books and be reimbursed upon proper receipt at the below schedule upon
completion of the semester.
"A" equals 100% of tuition and books
"B" equals 100% of tuition and books
"C" equals 50% of tuition and books
College and/or university program must be initially approved by the City Manager and must
be a part of a program leading to an acceptable Associates, Bachelor or Master degree with a
curriculum directly related to the Police profession.
The Chief will make a recommendation to the City Manager who will have final approval
for the courses, degree program and payment.
B. The City shall pay tuition and books reimbursement even if a course is not part of a program
leading to a degree providing that the course is j ob related and approved by the City Manager
prior to registration of said course.
Section 4.
The City shall provide reimbursement for authorized expenses associated with training and special
3O
schools attended by the officer through approval of the Department.
33.
ARTICLE 23
CAREER PATH PROGRAM
1. The purpose of this program is to establish guidelines for a Career Path Program for police
officers below the rank of Detective/Sergeant.
2. The Career Path Program is designed to accomplish a three-fold purpose and is voluntary in
nature:
A. Recognize and reward the officer through his/her training and educational
achievements.
B. Provide a career development path for Rank of Police Officer.
C. Promote long term dedicated employees by offering incentives, alternatives and
guidelines.
3. The Police Officer Skill Levels llI, II, and I shall be as follows:
A. Skill Level Three (m)
(1) Time in grade: new employee to five (5) years continuous service.
B. Skill Level Two (ID
(1) Time in grade: 5 - 10 years continuous service
(2) Education Requirement (job related): 160 hours - Career Incentives or
Training Courses
(3) Average or above average performance evaluation for the past two (2) years.
(4) Incentive pay increase -2%
C. Skill Level One (I)
(1) Time in grade: 10 plus years continuous service
(2) Educational Requirement: 400 hours - Career Incentives or Training Courses.
(3) Average or above average performance evaluation for the past two (2) years.
32
(4) Incentive pay increase - 3%
4. A Police Officer will need to declare the Career Path Program; being either career path or
career incentive (however, if max out on career incentive, can use/pursue career path). No
college degree courses will be accepted when pursuing a college degree path. Education
must be job related, and courses/training taken for credit must be on officer's own time (not
City time).
5. If a police officer who has received career path pay increases pursuant to this program and is
promoted, they are no longer eligible to receive career path pay increases, nor will career path
pay increases received under this program be considered in establishing their new rate of pay.
33
ARTICLE 24
PERSONNEL RECORDS
Section 1. 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. 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.
Section 2. A personnel file for all City employees is maintained by the City Personnel
Department.
Section 3. Intemal affairs investigatory files will be maintained in accordance with Fl. State
Statutes.
34
ARTICLE 25
LEGAL ACTION
Section 1. In accordance with Florida Statutes, the City will provide legal defense for a member
against any civil damage suits wherein said member is a named party and wherein the alleged
damages were allegedly caused by the actions of said member while acting within the scope of
his/her authority and within the course of his employment.
Section 2. The City will indemnify all members against judgments for compensatory damages
entered against them as a result of their actions to the extent that the City is found liable for such
actions.
Section 3. The City will select the Attorney who is to defend the employee relative to this
Article.
Section 4. The employee will be responsible for filing any counterclaims at his/her expense.
35
ARTICLE 26
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
ga'ticle 27 - Disciplinary Appeals of this Agreement.
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.
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:
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
Major. In the case of a class grievance filed by the Union, the
grievance form shall be filed with the Police Chief.
Step 2. The Major 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 his receipt of the grievance. 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.
36
Step 5. The City Manager shall review the grievance and render a written decision within
twenty (20) days of receipt of the grievance.. 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 with 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
gfievant'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 to the Federal
Mediation and Conciliation Service asking that it submit a list of names of
seven (7) 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 below.
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. Ifarbitrability 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 heating 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 heating.
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
37
issues presented, which mfist be actual and existing.
Section 5. The arbitrator shall render a written decision within thirty (30) days of the close of the
arbitration heating or submission of post heating briefs, whichever occurs last. The arbitrator's
decision shall be final and binding on all parties.
38
ARTICLE 27
DISCI?LINARY APPEALS
Section 1. Discipline is classified as either major or minor as follows:
MAJOR: Termination
Demotion
Suspension without pay - more than one (1) day
No employee shall be subject to major discipline without first being afforded a pre-
determination conference with the City Manager. No pre-determination conference shall be
conducted with less than ten (10) calendar days notice to the employee.
MINOR: Written reprimand
Suspension without pay one (1) day 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 Article 26 above. The request for
appointment of an arbitrator must be made in writing within ten (10) calendar days of
notice of the City's 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 provided the response is submitted within ten (10) days of the written
reprimand. Ifa 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 one (1) day ~ 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 one day. The Human Resource 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 28
RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION
The City of Boynton Beach agrees that all fights of Law Enforcement Officers under investigation
detailed and granted by Florida Statutes, Section 112.532(1)(a)-(i) and Section 112.533 (as amended
from time to time) will be observed and practiced. The Union may post a copy of the Law
Enforcement Officers Bill of Rights on the bulletin boards referenced in Article 6. In the event of
any conflict between the rights of a member under the Bill of Rights and this Agreement or any city
or departmental policy or procedure, the rights afforded under the Law Enforcement Officers Bill of
Rights shall prevail.
4O
ARTICLE 29
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 27 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 an investigation.
Section 4. No employee shall be subject to demotion, termination, or a suspension without pay
of more than one (1) day without first being afforded the fight to a pre-determination conference with
the City Manager.
ARTICLE 30
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.
42
ARTICLE 31
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.
ARTICLE 32
DEPARTMENTAL POLICIES, RULES AND REGULATIONS
Section 1. It is agreed and understood that the Police Department currently has policies, roles
and regulations governing employment. The formulation, amendment, revision and implementation
of any role shall not be arbitrary or capricious. In the event of a conflict between the roles and
specified provisions of this Agreement, the Agreement shall control.
Section 2. In the event the City amends or revises an existing role or implements any new role, it
shall give ten (10) days notice to the Union.
ARTICLE 33
POSTING
Vacancies in positions or assignments will be posted in-house no less than thirty (30) days before the
application deadline for the position or assignment is closed.
ARTICLE 34
COMPLETE AGREEMENT AND WAIVER CLAUSE
This Agreement is the complete Agreement between the parties, cancels all prior practices and
agreements, and, except as expressly provided for herein, relieves the parties of the obligation to
bargain on any subject during the term of this Agreement.
There is no past practice which results in a monetary benefit except as set forth expressly in this
Agreement. All bargaining unit members are covered under the terms of this Agreement and the
City's Personnel Police Manual and not under any Civil Service Rule/Regulation and heretofore in
existence.
4~
ARTICLE 35
SEVERABILITY
Section 1. If any provision of this Agreement is found to be invalid by any courts having
.jurisdiction in respect thereof, such findings shall not affect the remainder of this Agreement, and all
other terms and provisions shall continue in full force and effect.
Section 2. In the event of such finding the parties will meet within thirty (30) days to begin
negotiations of a replacement Article or Section.
47
ARTICLE 36
DURATION
This Agreement shall take effect when ratified by the members of the collective bargaining unit and
the City Commission, and shall remain in effect until September 30, 2004. The pay for performance
increases provided for in Article 12, Wages shall not continue beyond September 30, 2004, unless
otherwise extended by written agreement of the parties.
Agreed to this ./.~ dayof ~ , 2001, by and between the respective parties
through the authorized representatives of the Union and the City.
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
By: .
g ~ ATTmi~
Witness
Ci~r~ttorne~t V City Manager
Ratified by City Commission Ratified by Union
Date Date
S:¢axeoileetive bm-~inins~PBA\Ciean 102401
48
EXHIBIT A
RESOLUTION ROi- ,~1 I~
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 POLICE
BENEVOLENT ASSOCIATION FOR THE PERIOD OF
OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2004,
AND AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE THE AGREEMENT;
AND PROVIDING AN EFFECTWE DATE.
WHEREAS, the City of Boynton Beach and the Police Benevolent Association
(PBA) have successfully concluded negotiations for a three 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
the same; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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 Police
Benevolent Association (PBA) for the period of October 1, 2001 through September 30,
2004, 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.
PASSED AND ADOPTED this (~ day of November , 2001.
CITY OF BOYNTON BEACH, FLORIDA
/ ? i/ ?
issioner
~O~lSSloHer
ATTEST:
~ '¢ .'" - '¢.
s:ca~s~ee~n~BA- ¢1~ ~
VT.-CONSENT AGENDA
ITE~4 C.1.
CITY OF BOYNTON BEA¢ ~ 0/-~g~
...... .? _AGENDA ITEM REQUEST FORM-
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 CiW (;lerk'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,) j~ November 6, 2001 October t7, 2001 (5:00 p.m.)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Motion for ratification of the Collective Bargaining Agreement between the City of Boynton.
Beach and the Police Benevolent Association (PBA).
EXPLANATION: This Agreement sets out in substantial form the agreement reached between the City's negotiating team
and representatives of the PBA. This Agreement is effective firom date of ratification to 9/30/04.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Department Head's Signature ..4 City Manager s Signature
Department Name d/- ' -City A-tt~;;fl'~yTFinance / Human Resources
SABULLETIJ~FORMS'~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION R02- 14~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A MEMORANDUM OF
UNDERSTANDING 'BETWEEN THE CITY OF
BORON BEACH AND THE PALM BEACH
COUNTY POLICE BENEVOLENT ASSOCIATION
(PBA); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and the Palm Beach .County Police
Benevolent Association (PBA) have previously entered into a Collective Bargaining
Agreement; and
WHEREAS, the City and the PBA have agreed that a discrepancy was
identified in Article 12 and 14, and that clarification of these Articles was
necessary;, and
WHEREAS, the City and the PBA have amicably worked together to
amend the language in Article 12 and 14, to correctly reflect the agreement between
the parties;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OFTHE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute a
Memorandum of Understanding between the City of Boynton Beach and the PBA, a
copy of which is attached hereto and made a part of the current Collective
Bargaining Agreement
.Section2. This Resolution will become effective immediately up°n
$:\CAkRESO~Agn~:xt~'~[~A ~onshMOU. PBA,A~clz 12 and 14.doc8/8/2002
passage.
PASSED ~; ADOPTED.this .~.o day of August, 2002.
S:~C~,]~SO~rc~,~\CRA P-atiflc. atio~kl~lOU. PBA Article 12 and 14.doc8/8/2002
MEMORANDUM OF UNDERSTANDING
The CITY OF BOYNTON BEACH, FLORIDA (the "City") and the PALM
BEACH COUNTY POLICE BENEVOLENT ASSOCIATION (the "PBA") enter into
this Memorandum of Understanding to clarify and modify the provisions of the current
Collective Bargaining Agreement between the parties and agree as follows:
1. The CITY and the PBA agree to amend Article 12 and Article 14 as shown on the
attached Exhibit A and Exhibit B.
2. The Memorandum of Understanding shall become effective as of the date it is
ratified by both the City Commission and PBA and shall be effective for the
remainder of the term of Collective Bargaining Agreement.
3. All other terms of the Collective Bargaining Agreement for the period of October
1, 2001 to September 30, 2004, are binding except where expressly modified
herein or hereinafter by the CITY and the PBA.
~f~'~'%*...?o"'¢~. CITY ~¢~TON BEACH, FLORA
F~TtI~I~{X.'" ~ ~u~ ~es[ner, City Manager
//IBllll
App~oued as to ~o~:
mes A. Cherof, City Attorney
ATTEST: PALM BEACH COUNTY POLICE
,,~S z~~.,~kl~~ ~BENEVOLENT ASSOCIATION
Su a a~J~.'Sc~5'orough, PB~t~orney
Date ratified by CITY ~ tlqta.,~' ~O ,2002
Date ratified by PBA ~~k3~--~ o~ , 2002
F:\Gail~Boynton-MOU.doc
EXHIBIT "A"
ARTICLE 12
WAGES
Section 1. Base Wage Adjustments
BARGAINING UNIT MEMBERS HIRED PRIOR TO 10/1/00
Year One (October 1, 2001- September 30, 2002):
The City has transitioned to a performance based compensation system. The procedures
for conducting annual performance evaluations for all police department personnel is set
forth in the Police Department Written Directives, Index Code 700.
Effective the first pay period following OCtober 1, 2001, each bargaining unit
member hired prior to 10/1/00 will have his/her base wage adjusted to the amount shown
by their name in Column 9 of Exhibit "A" if the employee has received a score of 2.91 or
higher on their most recent performance evaluation.
A member who receives an evaluation score of less than 2.91 shall have a
counseling session with supervisory personnel and be provided with performance goals.
The member will be re-evaluated ninety (90) days following the counseling session. If a
2.91 or higher evaluation score is received, the member will receive a wage adjustment to
the amount shown by their name in column 9 of Exhibit "A" effective the first pay period
following the re-evaluation. A member who does not achieve a score of 2.91 rating on re-
evaluation, is subject to a non-disciplinary performance based termination.
Year Two (October 1, 2002- September 30, 2003):
Effective the first pay period following October 1, 2002, each bargaining unit
member hired on or before 10/1/00 will have their base wage adjusted by adding to their
base salary a percentage of the amount shown in Column 8 on Exhibit "A", based on
their most recent performance evaluation as follows:
Outstanding 100%
Exceeds Expectations 90%
Meets Expectations 80%
Below "Meets Expectations" 0%, subject to 90 day re-evaluation rule
stated above.
F:\Gail'd3oynton-MOU.doc
Year Three (October 1, 2003- September 30, 2004):
Effective the first pay period following October 1, 2003, each bargaining unit
member hired on or after 10/1/00 will have their base wage adjusted by adding to their
base salary a percentage of the amount shown in Column 8 based on their most recent
performance evaluation as follows:
Outstanding 100%
Exceeds Expectations 90%
Meets Expectations 80%
Below "Meets Expectations" 0%, subject to 90 day re-evaluation rule
stated above.
BARGAINING UNIT MEMBERS HIRED ON OR AFTER 10/1/00
Bargaining unit employees hired on or after 10/1/00 shall not progress in base pay
in the same manner as bargaining unit members hired prior to 10/1/00. Bargaining unit
employees hired on or after 10/1/00 shall advance in base pay through the progressions as
follows, provided the member receives a performance evaluation of "Meets
Expectations" or better:
PROGRESSION PROGRESSION PROGRESSION
PROGRESSION
$34,000 $35,530 $37,129 $38,800
A member hired on or after 10/1/00 with a base salary of less than $34,000 will move to
$34,000
effective 10/1/01. A member hired on or at~er 10/1/00 with a base salary of more than
$34,000 will move to $35,530 on 10/1/01. On 10/1/02 and 10/1/03 members will move
up one progression from their 10/1/01 base pay.
Section 2. STARTING AND TOP OUT PAY
The starting salary for a new hire police officer during the term of agreement is as
follows:
10/1/01-9/30/02 10/1/02-9/30/03 10/1/03-9/30/04
$34,000 $35,190 $36,422
New hires will thereafter progress in base salary following the progressions stated above.
Example: an employee hired on 12/1/01 will be hired at $34,000, will receive an increase
on 10/1/02 to $35,530, on 10/1/03 to $37,129, and thereafter as subsequently negotiated
by the parties.
F:\Gail~Boynton-MOU.doc
The top out pay (maximum base annual salary) for police officers during the term of this
agreement is as follows:
r10/1/01_9/30/02 10/1/02_9/30/03 10/1/03_9/30/04
$53,529 $55,900 $59,000
No member shall receive an adjustment to base salary in excess of top out pay.
Payment over base shall be lump sum and may be treated as wages for pension
calculation purposes when approved by the Pension Board.
Section 3. Shift Assigmnent Pay
Each member assigned to the 11 ½ hour shift, who works that shift, will be paid
an additional 8.5% of base for all hours worked except those hours for which the member
is paid premium pay.
Section 4. Special Assignments Pay.
A. Traffic Division: Members assigned to the Traffic Division who are
required to ride a motorcycle shall be compensated an additional 5% for hazardous duty
during said assignment.
B. Vice Members: Those members who are assigned to vice shall be
compensated an additional 5% for hazardous duty during said assignment.
C. Investigators: Those members who are assigned to the position of
investigator shall be compensated an additional 5% during said assignment.
D. SRT (Special Response Team): Those members who have successfully
completed testing and are selected as a member of the Police Department SRT Team,
shall be compensated an additional 10% for hazardous duty when said Team is actually
called to duty.
E. K-9 Unit. Members assigned to the K-9 Unit will receive one (1) hour of
overtime for K-9 care, equipment maintenance and vehicle cleaning for each RDO,
vacation day where the dog is not kenneled or otherwise boarded. K-9 officers will be
allowed one (1) hour of duty time per work day to tend to K-9 care, equipment
maintenance and vehicle cleaning. Members on vacation will be credited one hour per
day for K-9 care, equipment maintenance and vehicle cleaning.
F. Officers, while assigned as Field Training Officers and who have
completed successfully the required 40-hour training shall be compensated an additional
five (5%) during the assignment.
G. Directed Patrol Unit (DPU). Those members who are assigned to the
Directed Patrol Unit shall receive an additional five (5%) during the assignment.
F:\GailXBoynton-MOU.doc
EXHIBIT "B"
ARTICLE 14
ADDITIONAL MONETARY BENEFITS
Section 1. Compensatory Time
Members of the Bargaining Unit shall have the option of accumulating a maximum of
eighty (80) hours, per fiscal year, of compensatory time at time and one half. A
bargaining unit member who is promoted to a position outside the bargaining unit, or
who retires, or who is terminated, will be paid the balance of all unused compensatory
time. Compensatory time earned and accumulated shall be paid off totally in September
of the fiscal year if not utilized by the end of the month of August. Compensatory time
accumulated will be taken within the scheduling needs of the Department.
Section 2. Special Detail Assignment
All Bargaining Unit Members assigned to cover special details may report directly to
their assignment without prior checking in or out at the police station, but must advise a
supervisor personally or by radio. The officer assigned to special detail shall comply
with all current department policies and procedures in effect.
Section 3. Filling Vacancies
A. Vacancies on shift platoons shall be filled as follows:
Vacancies will be filled by members who are on the off-going shift
platoon, by seniority. A member who fills a shift vacancy in this manner
shall be paid premium pay for each hour worked. Premium pay will be
calculated by multiplying the members' base hourly rate times one and
one-half (1 ½).
The filling of vacancies pursuant to this subsection is not considered
callback.
B. Call back is defined as any time an officer is called into work when he/she
is off duty, and when the work time is not contiguous with his/her assigned shift.
In the event of call back the employee shall be compensated for the actual time
worked, but not less than three (3) hours at the rate of pay one and one-half (1
1/2) times his basic hourly rate reflected in the pay schedule in Appendix A.
When an officer is called for call back he/she will be guaranteed a minimum of
three (3) hours at time and one-half and at his/her supervisor's discretion the
officer may be required to work the entire three hours or longer. When an officer
is called for call back his/her supervisor will indicate as to whether or not he/she
F:\Gail~Boynton-MOU.doc
should arrive in uniform or in plain clothes, if the option is available. C. Call
back to fill vacancies shall be handled as follows:
Step 1 Vacancies filled by members from another platoon that works the same
shift but is regular day off.
Step 2 Vacancies filled by members from another platoon that works the opposite
shift (e.g. vacancy on A. 1 is offered to B.4, 5, 6). Variance to Step 2-the first day
back on the shift will make the opposite shifts ineligible to work. This occurs on
Monday, Wednesday and Friday.
Step 3 Vacancies will be offered to Detectives and other non-road patrol
members, by seniority.
Step 4 To a member by reverse seniority.
D. The 16 hour maximum hours worked rule applies to all call-back.
Section 4. Court Time
A. Court time will be paid at time and one-half when the officer is not on his
regular assignment. An officer on court time will be compensated a minimum of three
(3) hours at time and one-half.
B. An employee who has been instructed to remain on standby for court
appearance purposes during the employee's off-duty hours shall be paid one-half the
straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of
standby duty in any one day. A minimum payment of one (1) hour straight time shall be
paid for all standby assignments. When an employee is required to stand by for eight (8)
hours, the employee shall receive four (4) hours plus one (1) additional hour at straight
time. If an officer does go to court he will be paid for the court time indicated in Section
A and not receive standby time pay.
C. Bargaining unit members may report directly to court without prior check in at
the police station. Members are still required to document their attendance at the court
house and submit documentation to the Department.
Section 5. On Call
Any bargaining unit member who is on an "on-call" (on-pager) basis other than court
time as outlined in Article 14, Section 4 shall receive compensation of one hour of pay at
time and one half for each day (24 hour period) on call. No member will be placed
"on-call" without the approval of a division commander, Bureau commander, or
designated representative.
F:\Gail~Boynton-MOU.doc
Section 6. Schedule
The City will establish the hours of work best suited to meet the operational and fiscal
needs of the Department. Any officer who accepts and participates in a shift swap will
follow the proper protocol. If the officer is sick and cannot meet his/her obligation to
work the shift, they are permitted to find a replacement without penalty. If any officer
abuses this privilege by calling in sick the first time, they will lose the sick time (per
hour) and be suspended from shift swaps for three (3) months. The second subsequent
sick call will be a six (6) month suspension from shift swaps, and the third sick call could
force the member to be permanently disqualified from shift swaps. The member calling
in sick will not be penalized if they provide a legitimate excuse or provide documentation
of being sick.
Section 7. Shift Changes - Employer
An officer will be given adequate advance notice as determined by the Chief of any
change in his/her regular hours of work except when an emergency exists. Notice given
less than forty-eight (48) hours before any changed schedule (assignment days or days
off) is to take effect, entitles the officer to receive compensation at the rate of one and
one-half (1.5) times his/her regular salary for the first day of his/her tour of duty.
Section 8.
The City agrees that any member required to be out of Palm Beach County to attend
court, seminars, or for any other reason as a result of his/her duties as a police officer,
except if the officer is exclusively the plaintiff in a personal civil action, will be paid
his/her regular rate of pay for each day or partial day required for said purposes. There
will be no regular or overtime compensation.
F:\Gail~Boynton-MOU.doc