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R02-186RESOLUTION R02- 1 8(0 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 - SERGEANT'S UNIT FOR THE PERIOD FROM OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2004, 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 - (PBA) Sergeant's Unit have successfully concluded negotiations for a two year contract; and 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 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 DF 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) - Sergeant'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, which is attached hereto. Section 2. This Resolution will become effective immediately upon passage. ;:\CA~RESOXAgreementsXBBPD~PBA- Sgts Agr. doc PASSED AND ADOPTED this (~ day of November, 2002. MaygD / , ~m~o~ ~ -  issioner ~~ne~' ;:\CA~R.ESO~Agreements~BBPDXPBA- Sgts Agr. doc AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE SERGEANTS OCTOBER 1, 2002 - SEPTEMBER 30, 2004 Union City>of Boynt on S:\CA\Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc Beach 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 Preamble ..................................... Recognition .................................. No Strike or Lock-Out ....................... Non Discrimination ........................... Dues Deduction ............................... Union Time Pool .............................. PBA Representation ..................... Bulletin Boards .............................. Reproduction ......................... Rights of Law Enforcement Officers Under Investigation ........................ Management Rights ........................... Discipline and Discharge ................... Rate of Pay .................................. On Duty Injuries ............................. Call Back Pay ................................ Stand By Pay ................................. Court Appearances ............................ 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 & Union . - City of S:\CA\Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 1 2 3 5 6 7 8 9 10 11 12 14 15 17 18 19 20 21 22 24 27 29 30 31 33 34 36 37 38 39 41 42 43 44 46 Boynton Beach 36 37 38 39 40 41 42 43 44 45 Regulations ...................... Special Details .............................. Grievance and Arbitration Procedures ......................... Past Practices ............................... Entire Agreement ............................. Personal Vehicles ............................ Qualifications For a Bargaining Unit Position ....... Temporary Assignment ..................... Savings Clause ............................... Chemical Testing ............................. Duration of Agreement/Signatures ..... Signatures ..................................... 47 48 49 55 56 57 58 59 6O 61 62 62 Union-- City ~f S:\CA\Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgts1002.doc Boynton Beach 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 Palm Beach County 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. Union S :\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of B~oynton Beach 2 ARTICLE 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. The term "member" or "employee" will mean any member of the bargaining unit. Section2. The bargaining trait for which this recognition is accorded is as defined in the certification granted by the Public Employees Relations Commission dated September 16, 2002, and comprises all full-time police sergeants with the City of Boynton Beach. Excluded are all other employees of the City. Union S :\CA\Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of l}lo~ton Beach 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 Union City of t~o~hton Beach S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM 4 employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4. Any or all 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. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Bo-'o-'6~on Beach 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. Union S:\CA\Collective BargaininghUBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City o~'Beoo~ton Beach 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. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 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: investigation; To assist an employee who is required to appear at a hearing related to a grievance; To assist an employee who is presenting or responding to a grievance; The employee is subject to interrogation in conjunction with an internal affairs Section 2. form designated by the City), not toward the Union Time Pool. Section 3. Union representatives D. To assist an employee who is attending a predetermination heahng. E. Attendance at collective bargaining sessions as a team representative. In addition, members of the bargaining unit may donate in two (2) hour increments (on a to exceed eight (8) hours each per year of vacation time to be used 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. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of~oynton Beach ARTICLE 6 PBA REPRESENTATION Section 1. or bargaining representatives of the other party. exchange a list of bargaining team members. Neither party in negotiations shall have any control over the selection of the negotiating The parties shall, at their first bargaining session, 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 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 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 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 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 .du~.grelated activities, notwithstanding Union City of Broynton Beach S:\CA\Collective BargainingLPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM 9 their position as a PBA_rcpresentative. 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. Union S:\CA\Collective Bargaining~BA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of B~oynton Beach 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. Union S :\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach ARTICLE 9 RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION 11 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. Union S :\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach Section 1. Department. A. 12 ARTICLE 10 MANAGEMENT RIGHTS The Union recognizes that the City has the exclusive right to manage and direct the Police Specifically, but not by way of limitation, the City retains the exclusive right to: 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. 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. 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. Mandate physical, medical, and drug testing in accordance with law. The City agrees to use State Certified Laboratories for all drug testing. 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. Create, alter or disband by the Police Chief. Union s :\CA\Collective BargaininghOBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM any units based upon the needs of the Department as determined City of Boynton Beach 13 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 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. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Boynton Beach 14 ARTICLE 11 DISCIPLINE AND DISCHARGE Section 1. Employees may be disciplined only for just cause. No employee shall be disciplined without notice of thc charges setting forth thc 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 thc Police Chief to make a recommendation to thc City Manager for discipline within ten (10) days of the Police Chief's conclusion of the investigation. Union S:\CA\Collective BargainingkPBA Sg~s. 2002\CBA\Contract-$gts 1002.doc 3:04 PM City of Boynton Beach 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, 2002 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 9-30-02. Effective October 1, 2003 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 9-30-03. Union S:\CA\Collective BargainingkPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 16 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 3. The minimum salary for the position covered by this agreement during term of agreement as follows: 1 O/1/02-9/30/04 $45,600 Section 4. The top out pay (maximum base annual salary) for the position covered by this agreement during the term of this agreement is not capped. Section 5. 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. Union S :\CA\Collective BargaininghOBA Sgts. 2002\CBA\Contmct-Sgts 1002.doc 3:04 PM City of Boynton Beach 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. Union S:\CA~Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of t~o~n~ton Beach 18 ARTICLE 14 CALL-BACK PAY Section 1. The Department shall develop a call-back policy, based on seniority, which provides for the Shift vacancies or vacancies created by special events or other exigent situations will be filled by sergeants from the off-going shift or those currently on duty. b. In the event that vacancies cannot be filled by on duty, off going sergeants, those sergeants who are not on duty will be offered the vacancy through a "seniority wheel" process. Sergeants will be called in order of seniority until the vacancies are filled. On the next occasion where a vacancy is to be filled by other than an on duty, off going sergeant, the starting point on the seniority list will be the name of the sergeant immediately after that sergeant who elected to fill the last vacancy utilizing the "wheel" procedure. c. No employee shall work more than 16 hours in any 24 hour period absent a designated emergency. Section 2. On duty, off going sergeants who elect to fill a vacancy on the upcoming shift will be paid at time and one-half of the regular rate of pay for each hour actually worked past their normally assigned shift. Section 3. Sergeants who elect to fill a vacancy on the upcoming shift and who were not on duty immediately preceding the vacancy to be worked, will be paid at ti/~and one-half their regular rate of Union City of Boynton Beach S :\CA\Collective Bargaining~BA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM following: a. 19 pay for each hour actually worked with a minimum payment of three hours at the overtime rate. Umon S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 20 ARTICLE 15 STAND-BY PAY Section 1. Employees directed to be on operational stand-by status must be able to respond to a specified location on duty within one (1) hour and shall be compensated for one hour at time and one- half (1 1/2) the employee's regular rate of pay for each day (24 hour period) on call. 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. Union S:\CA\Collective BargaininghUBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City o? B~ynton Beach 21 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. Section 3. When a member has been ordered to remain on standby for court appearance purposes during the member's off-duty hours, he/she shall be compensated at a minimum of one hour at time and one-half (1 ½) the member's regular rate of pay for the first hour and one-half (1/2) the member's regular rate of pay for all remaining hours. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 22 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. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Boynton Beach Section 1. ARTICLE 18 SICK LEAVE Sick leave is earned and accrued on an hourly basis. Employees 23 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 submitt~d~to the Payroll Administrator for Union City of Boynton Beach S:\CAXCollective BargainingLPBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM proper charge to sick leave records. 24 The time charged will be used in the order listed on the appropriate scheduled more than 48 hours in the event of a clear need by the form supplied by the Union Steward. Section 4. Sick leave use for medical appointment must be advance and cannot be changed by the Department except in Department. Section 5. Union S:~CA\Collective BargaininghUBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM 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 fi.om 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. City of Boynton Beach 25 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 20th 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 Union City of Boynton Beach S:\CA\Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM 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 26 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 fi.om 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 ~-__~(L).~canceled except as specifically set forth in this Agreement or in~' declared emergency, as defined Union City of Boynton Beach S:\CA\Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM in this Agreement. 27 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. Union S :\CA\Collective Bargaining~BA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach Section 1. Section 2. Employees shall be paid for legal holidays. ARTICLE 20 HOLIDAYS 28 Holidays will be in accordance with the City of Boynton Beach Personnel Policy Manual. 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. Union S :\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contmct-Sgts 1002.doc 3:04 PM 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. Members who sign up for this section must do so between October 1 st and October 31 st of each contract year with the Bureau of Administration. Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. Members whose regular days off are on a holiday will receive their normal weekly pay. 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. [/)(~ City of Boynton Beach 29 Members may elect to take the holiday off and at their option deduct eight (8) hours vacation or take the holiday off without pay. Union S :\CA\Collective Bargaining\PBA Sg~s. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 30 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. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Boynton Beach 31 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. Section 5. time of his/her annual physical. remain confidential. The City shall bear the costs involving lead testing for the Range Instructor(s). At the members discretion he/she may request an AIDS and/or Hepatitis screen at the The cost to be paid for by the City. The results of the AIDS test shall Union S:\CA~Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 32 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. 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. contract year. Effective on the date of the approval of this Agreement, sergeants who are members of 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. 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 tha~_,three (3) months at a time will, for Union City of Boynton Beach s 5CA\Collective BargainingLPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM 33 that three months period, be given a cash cleaning supplement equivalent to that given sergeants and pro-rated thereafter. These payments for sergeants assigned to plain clothes duty will substitute for the normal cleaning allowance for sergeants. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach ARTICLE 24 34 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. Union S :\CA\Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 35 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 Agreemex)t~must be notified in writing (E-mail Union City of Boynton Beach S :\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM 36 is acceptable notification) when someone other than a City employee requests to review the bargaining unit members' personnel/I.A, file. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach ARTICLE 26 37 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. Union S :\CA\Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach ARTICLE 27 SAFETY AND HEALTH 38 Section 1. health, sanitation and working conditions, when said laws are employees. Section 2. The City agrees that it will conform to all State and Federal laws concerning safety, specifically applicable to public 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. Union S:\CA~Collective Bargaining~PBA Sgts. 2002\CBA\ContractoSgtsl002.doc 3:04 PM City of Boynton Beach ARTICLE 28 39 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 groups. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 40 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. Time and one-half shall be paid for all hours worked above forty (40) hours per week. 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 shall be paid for all hours actually worked above 171 hours 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. Authorized leave for training or school. 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. One Sergeant per shift per day will serve in the capa)c~y of Administrative Sergeant and Union City of~Boynton Beach S:\CA\Collective BargainingLPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM 41 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. Union S :\CA\Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach ARTICLE 30 SHIFT SELECTION 42 Section 1. persons assigned to each shift and division within the Department. Section 2. The City may designate the number of slots assigned to each shift. The Chief of Police or his/her designee shall have discretion to determine the number of Thereafter the employees shall choose slots by seniority. The Department shall have discretion to change the junior sergeant for training purposes. The fight 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. Union S :\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach Section 2. Section 3. 43 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. Seniority shall accumulate during all authorized leaves. 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. Union S :\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City o~o(ynt~on Beach 44 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. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Boynton Beach 45 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 repre, se~tives shall be designated by the Union City of ~3o~ton Beach S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM 46 Union. The committee shall meet annually in sufficient advance of the annual insurance benefit renewal 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. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City ~ f~Bc~ton Beach 47 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. Union S :\CA\Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 48 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 o£ 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. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Boynton Beach 49 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. Section2. 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. Union S :\CA\Collective Bargaining~BA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 50 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 1st, the Police Chief must respond by January 21 st. 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 21 st to request appointment of an arbitrator. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City bf Boynton Beach Union S:\CA\Collective BargaininghOBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM 51 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 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 ghevance 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 City of ~oyfiton Beach 52 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 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. Union S:\CA\Collecfive Bar§ainingkPBA Sgts. 2002\CBA~,Contract-Sgtsl002.doc 3:04 PM City of Boynton Beach 53 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 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 Un/on Grievant 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 heating 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 heating 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 res~e a grievance. The arbitrator may Union City of Boynton Beach S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM 54 the issues presented, not issue declaratory opinions and shall confine himself/herself exclusively to 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 o 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 parti3~~ Union City of B~)y~ton Beach S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM 55 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. Union S:\CA\Collective BargaininghOBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of~oynton Beach 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. 56 Union S :\CA\Collective BargainingLPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach ARTICLE 39 57 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. Union S:\CA\Colleetive Bargaining~PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Boynton Beach 58 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. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Be~~e~n Beach ARTICLE 41 QUALIFICATIONS FOR A BARGAINING UNIT POSITION 59 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. Union S :\CA\Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 60 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. Union S :\CA\Collective Bargaining~BA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 61 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. Union S:\CA\Collective Bargaining~BA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City (~f Boynton Beach 62 ARTICLE 44 CHEMICAL TESTING Section 1. The City agrees to use State Certified Laboratories for all drug testing. Drag 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. Union S :\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach ARTICLE 45 63 Section 1. DURATION OF AGREEMENT This agreement shall be effective on October 1, 2002, and shall continue in full force and effect up through and including September 30, 2004. , 2002 __., by and between the respective Agreed to this _~'~ day of ~d~,d-,~~&t~ parties through the authorized representatives of the Union and the City. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION Ernest W. George, lgre~ident/[ Witness CITY Witness City Attorney Ratified By City Commission Ratified by Union Union S:\CA\Collective Bargaining~BA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM Cit~ o'~I l~o~ton Beach