10-02 to 9-03 PBA LieutenantsRESOLUTION R02- ~ IO
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 - LIEUTENANT'S
UNIT FOR THE PERIOD FROM OCTOBER 1, 2002
THROUGH SEPTEMBER 30, 2003, AND
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and the Police Benevolent Association -
~,PBA) Lieutenant's Unit have successfully concluded negotiations for a one year
; and
WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
best interests of the residents and citizens of the City to ratify the Agreement and
the same; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
ratify the Agreement between the City of Boynton Beach and the Police
Association (PBA) - Lieutenant's Unit for the period from October 1, 2002
September 30, 2003, and authorizing and directing the Mayor and City Clerk to
the Agreement, which is attached hereto.
Section 2. This Resolution will become effective immediately upon passage.
;:\CALRESO~AgreementsXBBPD~PBA_ Lts Aft.doc
PASSED AND ADOPTED this ~ day of December, 2002.
CITY O,F~BOYNT/OI~I B/F~ACH, FLORIDA
Clerk
:\CALRESO'~Agreements~BBP D~PBA-Lts Agr. doc
AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
POLICE LI]EUTENANTS
POLICE BENEVOI.ENT ASSOCIATION
October 1, 2002 - September 30, 2003
TABLE OF CONTENTS
Article
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Preamble .....................................
Recognition ..................................
No Strike or Lock-Out ........................
Non Discrimination ...........................
Dues Deduction ...............................
Union Time Pool ..............................
PBA Representation ...........................
Bulletin Boards ..............................
Information Requests/Reproduction..
Rights of Lieutenants Under Investigation ....
Legal Benefit ...............................
Management Rights ............................
Discipline and Discharge .....................
Subcontracting ...............................
Rate of Pay ..................................
On Duty Injuries .............................
Call Back Pay ................................
Bereavement Leave ............................
Sick Leave ...................................
Vacation .....................................
Holidays .....................................
Funeral Expenses .............................
Medical Expenses .............................
Uniforms .....................................
Training .....................................
Personnel Records ............................
Solicitations ................................
Safety and Health ............................
Use of City Facilities .......................
Hours of Work and Overtime ...................
Shift Selection ..............................
Seniority ....................................
Transfers and Shift Changes ..................
Group Insurance ..............................
Tuition Reimbursement ........................
Departmental Policies, Rules & Regulations...
Off Duty Police Employment ...................
Grievance and Arbitration Procedures .........
Past Practices ...............................
Personal Vehicles ............................
Page
1
2
3
5
6
7
8
9
10
11
12
13
15
16
17
18
19
20
21
24
27
29
30
31
33
34
36
37
38
39
40
41
42
43
44
46
47
48
53
54
40
41
42
43
44
45
Promotions ...................................
Savings Clause ...............................
Temporary Assignment .........................
Chemical Testing .............................
Entire Agreement ...............................
Duration of Agreement ........................
Signature ....................................
55
56
57
58
59
60
61
-:I.-
PREAMBIJE
Section 1. This agreement is entered into by and between the City of Boynton Beach, Florida,
hereinafter referred to as the "Employer" or "City", and the Police Benevolent Association ,
hereinafter referred to as the "PBA" or the "Union". It is the intent and purpose of this Agreement to
create a sound and mutually beneficial working and economic relationship between the parties
hereto; to provide an orderly, prompt, and peaceful means of resolving disputes involving
interpretation or application of this Agreement; and to set forth basic and full agreement between the
parties concerning wages, hours, terms and conditions of employment.
-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.
Section 2. The bargaining unit for which this recognition is accorded is as defined in the
certification granted by the Public Employees Relations Commission and comprises all full-time
police lieutenants, except those lieutenants assigned as the public information officer with the City
of Boynton Beach. Excluded are all other employees of the City.
-3-
ARTICLE 2
NO STRIKE OR LOCK-OUT
Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of
Lieutenants from their positions, the concerted stoppage of work, the concerted submission of
resignations, the concerted abstinence in whole or in part by any group of Lieutenants from the full
and faithful performance of their duties of employment with the City, participation in a deliberate
and concerted course of conduct which adversely affects the services of the City, picketing or
demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a
collective bargaining agreement.
Section 2. Neither the Union, nor any of its officers, agent and members, nor any employee
organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or
condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal
picketing, or any other interruption of the operations of the City.
Section 3. Each Lieutenant who holds a position with the City occupies a position of special
trust and responsibility in maintaining and bringing about compliance with this Article and the strike
prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida, Article 1, Section
6. Accordingly, the Union, its officers, stewards and others responsible to maintain compliance with
this Article and the law, including their responsibility to abide by the provisions of this Article and
the law by remaining at work during any interruption which may be initiated by others; and their
responsibility in the event of breach of this Article or the law by other employees violating this
Article or the law to return to work, and to disavow the strike publicly.
-4-
Section 4. Any or all Lieutenants who violate any provisions of the law prohibiting strikes of this
Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall
not be grievable or arbitrable under the provisions of Article 37 Grievance and Arbitration
Procedures.
-5-
ARTICLE 3
NON-DISCRIMINATION
Section 1. It is agreed that no employee shall be discriminated against, as prescribed by State or
Federal laws, in their employment because of race, creed, color, sex, age, national origin, marital
status, physical handicap or membership or non-membership in the Union.
Section 2. Any claim of discrimination by an employee under this Article may be brought with
the appropriate governmental agency, but may not be grieved under this Agreement.
Section 3. The Union shall not discriminate against any bargaining unit member who fails to join the
Union.
Section 4. The City and the Union oppose discriminatory behavior of any nature. The City and the
Union shall work jointly to eliminate discriminatory conduct in the work place. To that end, the City
and the Union agree that bargaining unit members have an affirmative duty to act against
discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory
conduct by an employee can result in disciplinary action up to and including termination.
-6-
ARTICLE 4
DUES DEDUCTION
Section 1. Any employee covered by this Agreement may authorize a payroll deduction for the
purposes of paying Union dues. Such authorization shall become effective upon acceptance by the
City of a fully executed dues deduction form from the employee. Employees who are currently
members of the bargaining unit need not execute a new dues authorization card.
Section 2. The Union will notify the City as to the amount of dues. Such notification to the City
shall be from an official of the Union. Changes in Union membership dues will be certified to the
City at least thirty (30) days prior to the effective date of the change.
Section 3. Dues will be deducted each pay period and such monies shall be remitted to the Union
treasurer or designee once per month, not later than fourteen days after the end of the month.
Section 4. The effective date of deducting dues shall be the beginning of the pay period
following the day the dues deduction form is signed. The effective date for stopping dues deduction
shall be at the beginning of the pay period thirty (30) days following the date the revocation form is
received by the City.
Section 5. The Union will indemnify and hold harmless the City against any claims brought
against the City based on payroll deductions of dues as provided in this Article.
-7-
ARTICLE 5
UNION TIME POOL
Section 1. The City shall create a time pool of ninety-six (96) hours for utilization by designated
union representatives for the conduct of union business within and outside of the City. The use of
the time pool shall be limited to activity by the union representatives for the following:
A. to assist a bargaining unit member who is required to appear at a heating related to a
grievance;
B. to assist a bargaining unit member who is presenting or responding to a grievance;
C. to assist a bargaining unit member who is subject to interrogation in conjunction with an
internal affairs investigation; and
D. to assist a bargaining unit member at a pre-determination heating.
E. Unit members must use time pool if 15 minutes or more is required.
Section 2. In addition, members of the bargaining unit may donate vacation time in two (2) hour
increments, (on a form designated by the City) not to exceed eight (8) hours each per year to the
Union Time Pool.
Section 3. Union representatives shall be released from duty upon reasonable notice to the
Department and upon the approval of the division commander. If the needs of the Department do not
permit the release of a particular employee as requested, the release of an alternative member during
the desired time shall be provided.
-8-
ARTICIJE 6
PBA REPRESENTATION
Section 1. Neither party in negotiations shall have any control over the selection of the
negotiating or bargaining representatives of the other party. The parties shall, at their first bargaining
session, exchange a list of bargaining team members.
Section 2. The City shall recognize up to two (2) PBA representatives for the purposes of
bargaining and any bargaining team members shall be permitted to attend bargaining sessions which
may occur during their regular tours of duty without any loss of pay. The City shall not be required
to provide overtime to any employee attending negotiations.
Section 3. The parties agree that the PBA may establish a system of stewards providing for a
chief steward and an individual steward on each shift and division represented by the bargaining unit.
Stewards on duty shall be permitted reasonable release time with pay upon approval of the division
commander for the purpose of processing any individual grievance or assisting employees at
investigatory or disciplinary interviews.
Section 4. When acting in their capacity as PBA representatives within the Department and not
on behalf of themselves, employees shall not be obligated to observe the departmental chain of
command. A representative may not refer an issue outside of the department without first presenting
it to a senior staff officer. This shall not relieve employees from observing the departmental chain of
command except for receiving approval of release time with regard to their duty-related activities,
notwithstanding their position as an PBA representative.
-9-
ARTICLE 7
BULLETIN BOARDS
Section 1. The Union shall be provided with the use of a Lieutenant's Union bulletin board space
at one (1) location in the police building.
Section 2. The Union agrees that it shall use the space on the bulletin boards only for the
purposes of posting notices of Union meetings; notices and results of Union elections; reports of
Union committees; rulings or policies of the Union; recreational and social affairs of the Union, and
notices by public bodies.
-10-
ARTICLE 8
INFORMATION REQUESTS/REPRODUCTION
Section 1. The City agrees to furnish to the Union president or designee, upon request at City
cost, documents such as agendas, minutes, financial reports, etc., of the retirement fund, City
Commission, and any other body of the City whose activities may impact on terms and conditions of
employment of bargaining unit members. Access to any other records shall be governed by Florida
Statutes, Chapter 119.
ARTICLE 9
RIGHTS OF LIEUTENANTS UNDER INVESTIGATION
Section 1. The City of Boynton Beach agrees that all rights due Law Enforcement Officers
under investigation detailed and granted by the Florida Statutes, Section 112.532, 112.533,
112.534 will be observed and practiced.
ARTICLE 10
LEGAL BENEFIT
Section 1. The City agrees to abide by the provisions of Florida Statutes Sections 111.065,
111.07 and 768.28, in providing a legal defense or reimbursement for legal services to employees
charged in criminal or civil actions arising out of the course and scope of their employment;
provided, however, that the City shall not be required to pay a judgment when it has been established
that the employee was engaged in conduct outside the scope of his/her employment.
ARTICLE 11
-13 -
MANAGEMENT RIGHTS
Section 1. The Union recognizes that the City has the exclusive fight to manage and direct the
Police Department. Specifically, but not by way of limitation, the City retains the exclusive right to:
A. Hire, promote, and lay off employees in accordance with the City of Boynton Beach
Personnel Policy Manual.
B. Discharge and suspend employees for cause.
C. Transfer employees from one location to another, one shift to another, or one starting
time to another.
Do
mo
Fo
Ho
J°
Ko
Establish and change the starting and quitting times and the number of hours and
shifts to be worked.
Assign and reassign employees.
Schedule and change the work to be performed by employees.
Formulate, implement and change Departmental policy, rules, regulations, and
directives which are not in conflict with the specific provisions of this Agreement.
Introduce new services, procedures, materials, facilities and equipment.
Mandate physical, medical, and drug and alcohol testing in accordance with law. The
City agrees to use State Certified Laboratories for all drug testing. Drug and alcohol
testing may be conducted on either a reasonable suspicion basis or at random.
Standards for testing and retesting shall be as set forth in Florida Administrative
Code and the Drug Free Workplace Policy adopted by the City of Boynton Beach.
Random selection shall be by computer generated selection, by an outside entity.
Determine and change the equipment and materials provided to or not provided to
employees.
Add to or change the qualifications necessary for any job classification.
Create, alter or disband any units based upon the needs of the Department as
-14-
determined by the Police Chief.
If the City fails to exercise any one or more of the above functions from time to time it shall not be
deemed a waiver of the City's 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.
-21.5-
ARTICLE 12
DISCIPLINE AND DISCHARGE
Section 1. Employees may be disciplined only for just cause. No employee shall be disciplined
without notice of the charges setting forth the basis for such discipline.
Section 2. Employees shall have the opportunity to appeal said disciplinary action in the manner
set forth in Article 37 of this Agreement.
Section 3. The parties recognize that timeliness of disciplinary action is an essential element of
due process. Accordingly, no employee shall be subjected to disciplinary action unless a final
disciplinary recommendation is made by the Police Chief within fourteen (14) days of the Chief's
determination of the conclusion of the investigation.
Section 4. No employee shall be subject to demotion, termination, or a suspension without pay
of two days or more without first being afforded the right to a predetermination conference with
the City Manager.
ARTICLE 13
SUBCONTRACTING
There shall be no subcontracting for the life of this Agreement.
-21_6-
ARTICLE 14
RATE OF PAY
-17-
Section 1. Effective October 1, 2002, each Bargaining Unit Member shall have his/her base
wage adjusted to $75,000, plus $1,000.00 for each completed year of service in rank as Lieutenant.
This is a one time adjustment not subject to increase for additional accrued years of service during
the term of the agreement. The adjustment for years in rank is not subject to pro-ration.
Section 2. On April 1, 2003, each Bargaining Unit member will receive a 3.5% increase in
salary, contingent upon a satisfactory performance evaluation.
Section 3. Each Bargaining Unit Member shall receive a one time lump sum payment of $6,000,
payable on ratification by the City of this Agreement.
Section 4. Only those Bargaining Unit Members who are employed by the City on the date of
ratification of this agreement by the City are eligible for the adjustments set forth in Sections 1, 2 and
3.
-18-
ARTICLE 15
ON-DUTY INJURIES
Section 1. When an employee is totally disabled from duty for a period of no more than seven
(7) calendar days because of an injury determined to be compensated under the provisions of the
Workers' Compensation Act, the employee shall be entitled to full regular pay. If the period of
disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of
money up to an amount equal to the difference between his/her Workers' Compensation check and
his/her normal net take home pay.
Section 2. If the period of disability is greater than 180 days, the City may ask the Police Pension
Board to review said employee's disability case for retirement due to disability.
Section 3. After 180 days of disability, the employee shall be examined by a physician selected
and compensated by the City to determine the likelihood of recovery. If the medical report indicates
a likelihood of recovery, 180 days of additional leave may be granted and shall be made up from the
affected employee's unused accrual time on the books. If the affected employee has no time on the
books, other employees may donate any accrual time to the affected employee. If the medical report
indicates the employee is permanently and totally disabled as a police officer, the City shall be
authorized to terminate the employee for physical inability to perform.
Section 4. The City shall have no obligation to establish light duty police work for employees
disabled in the line of duty, if such work is not operationally or fiscally justifiable.
-19-
ARTICLE 16
CAIJ~-BACK PAY
Section 1. The Union and City agree that each Bargaining Unit member is an exempt status
employee under FLSA, not eligible for overtime payments.
Section 2. Employees will be called back to duty on the basis of seniority in the rank of
lieutenant.
-20-
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 or
domestic partner whose name must be on file with the Department of Human Resources of the City
and any permanent family member of the household such employee shall be entitled to paid
compassionate leave not to exceed three (3) consecutive calendar days for any one death. However,
if it is necessary for the employee to leave the State of Florida in connection with the funeral of the
deceased, five (5) consecutive calendar days compassionate leave shall be allowed. Additional leave
may be authorized by the Chief or his/her designee on a case-by-case basis, except that such
additional leave shall be debited against the employee's accrued sick or annual leave.
Section 2. Employees must verify in writing attendance at out-of-state funeral in order to be
eligible for benefits under this Article. The City Manager may grant additional leave under this
Section, except that such additional leave shall be debited against the employee's accrued sick or
annual leave.
-21-
ARTICLE 18
SICK LEAVE
Section 1. Employees shall earn ninety-six (96) hours of sick leave per year at the rate of eight
(8) hours per month. The use of sick leave shall be in accordance with the Personnel Policy Manual.
Bargaining unit members (or their beneficiaries in case of death) hired prior to October 1, 1991 and
are regular employees, shall be paid for unused sick leave at the rate of 50% upon resignation,
retirement or death. (Retirement shall include normal retirement disability retirement or early
retirement as defined in the appropriate pension plan). Bargaining unit members hired after October
1, 1991 and who are regular employees will have payment made for unused sick leave at the rate
specified in the table below, upon resigning in good standing, retirement or death:
Continuous Years of Service Percent of Accumulated Sick
Less than 5 full years 0%
More than 5 full years, but less than 10 full years 10%
More than 10 full years, but less than 15 full years 15%
More than 15 full years, but less than 20 full years 20%
Upon retirement from City Service 30%
(Retirement shall include normal retirement disability retirement or early retirement as defined in the
appropriate Pension Plan.) Bargaining Unit Members who have elected to enter into the D.R.O.P
plan shall receive sick leave benefits as set forth in Ordinance 00-33, which established the D.R.O.P
plan.
Section 2. Employees who have more than one-hundred-twenty (120) hours of sick leave as
-22-
of October 1, of any contract year, may convert 50% of the excess over one hundred twenty (120)
hours to a cash straight time payment not to exceed one hundred (100) hours in the contract year.
Those hours over one hundred twenty (120) hours not converted in this contract year may be
converted in the next contract year.
Section 3. It shall be the policy of the City to permit an employee the opportunity to donate
accrued sick leave time to a designated employee, provided the contributing employee has 120 hours
accrued sick leave, whenever extraordinary circumstances require the designated employee to be
absent from work for a lengthy period of time, and when the designated employee has exhausted all
accrued sick leave. Extraordinary circumstances shall be defined as lengthy hospitalization, critical
illness, or injury. When there appears to be a need to share sick leave in accordance with this
Article, the Union Steward will prepare a list of bargaining unit members who are willing to
contribute sick leave hours, confirming through the Finance Department that the hours are available.
Such list shall be submitted to the Payroll Administrator for proper charge to sick leave records. The
time charged will be used in the order listed on appropriate form supplied by the Union Steward.
Section 4. Sick leave usage for medical appointment can be scheduled more than 48 hours in
advance and cannot be changed by the Department except in the event of a clear need by the
Department.
Section 5. No member shall be placed on restricted sick leave prior to being counseled by the
division commander informing the member of the reasons and allowing them an opportunity to
explain the situation. If after counseling a problem continues, the member will be notified in writing
and placed on restricted sick leave. A member will be on Sick leave for a period of six (6) months.
-23-
At the end of six months, the member will be advised in writing if the Department intends on
extending the restricted sick leave.
Section 6. At the employee's option, the employee may convert excess sick time as defined in
accordance with Section 2 to vacation time not to exceed forty (40) hours, to be transacted in the first
month of the calendar year.
Section 7. All Bargaining Unit members are eligible to receive one "Bonus Day" for continuous
attendance at work at the completion of each calendar quarter that the member has not used sick time
during the previous quarter, nor has been absent from work or on leave other than those paid leave
categories recognized in the PPM. Bonus days shall be counted as vacation leave and subject to the
provision set forth for use of vacation.
Section 8. Those members scheduled to work an 11.5-hour shift who are granted sick time, shall
only have their sick time accrual charged a maximum of 8-hours for the day.
-24-
ARTICLE 19
VACATION
Section 1. Vacation shall be accrued in accordance with the Personnel Policy Manual, as
follows:
Years of Service Vacation Hours Per Year
1 96
2 - 3 120
4 128
5 136
6 144
7 152
8 160
9 168
10- 15 176
16 - 20 192
21 and above 200
Employees may accrue vacation leave to a maximum of the level eamed in the most recent two
employment years. However, any amount over the allowable maximum that has not been used during
that fiscal year (October 1 - September 30) will be forfeited as of September 30.
Section 2. Seniority will prevail in the granting of vacations.
Section 3. Vacation requests may be submitted from forty-eight (48) hours to thirty (30) days in
-25-
advance. In the event of dual requests for vacation dates, the senior member's request shall prevail if
it was submitted twenty-one (21) days prior to the date or dates requested. Vacations of three (3)
days or less may be made within twenty-four (24) hours advance notice, provided that the City incurs
no overtime in the granting of such request.
Those members scheduled to work an 11.5-hour shift who are granted vacation, shall
only have their vacation accrual charged a maximum of 8-hours for the day.
Section 4. Requests for emergency vacation leave shall be individually considered by the Chief
of Police.
Section 5.
Management reserves the right to approve or deny vacation leave based upon the
operational needs of the department. Vacation privileges shall not be suspended or canceled except
as specifically set forth in this Agreement or in time of declared emergency, as defined in this
Agreement. The exercise of management's rights under this Section shall not be arbitrary or
capricious.
Section 6. All Lieutenants shall receive, in addition to the existing vacation accruals, - 60 hours
of personal time per contract year, which may be used in four hour increments (non-accumulative
and cannot create an overtime situation). The 60 hours of personal time per contract year are not
accruable and must be used within each contract year.
-26-
Those members scheduled to work an 11.5-hour shift who are granted personal time, shall
only have their personal time accrual charged 8-hours for the day, only when personal time is taken
in 8 hour increments.
-27-
Section 1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
ARTICI,F, 2O
HOLIDAYS
Holidays will be defined as the below dates:
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. Members of the Bargaining Unit not assigned to road patrol shall not work on
Holidays, unless an emergency situation is declared by the City Manager or his/her designee or in
cases where the Chief of Police or on-call Staff Duty Officer determines that the presence of a
Lieutenant is required for a specific function or investigation. If a Lieutenant is assigned to road
patrol he/she has the option to either work the scheduled holiday, in which case he/she shall be paid
the holiday pay plus straight time. If he/she elects not to work the holiday a Sgt. will fill that
position.
-28-
-29-
ARTICLE 21
FUNERAL EXPENSES
Section 1. The City will make a reasonable payment, not to exceed $5,000 for funeral costs to
the beneficiary of bargaining unit employees killed in the line of duty.
Section 2. All employees shall, on a form to be supplied by the Human Resources Director or
his/her designee, designate by name and address, the individual to whom such funds are to be paid.
-30-
ARTICLE 22
MEDICAL EXPENSES
Section 1. Members will receive and shall be obliged to take an annual electro-cardiogram and
physical examinations by licensed physician approved by the City. Scheduling shall be at the
discretion of the Department and the results will become part of the employee's permanent record.
Said medical records shall be exempt from public inspection, as provided by Chapter 119, Florida
Statutes. The City shall bear the cost of the examination.
Section 2. Any condition of disability resulting from Hepatitis, Acquired Immune Deficiency
Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex I, established to
have been occurred in the line of duty shall be covered the same as other duty injury.
Section 3. Beginning at the age of 30 and every other year thereafter, the bargaining unit
members shall be provided a twelve lead EKG and cardiac stress test to be paid for by the City and to
be performed at a City designated medical facility. A hepatitis "B" vaccine series shall also be
offered by the City to all bargaining unit members at no cost to the member.
Section 4. At the members discretion he/she may request an AIDS and/or Hepatitis screen at the
time of his/her annual physical. The cost to be paid for by the City. The results of the AIDS test
shall remain confidential.
Section 5. The City shall bear the costs involving lead testing for the Range Instructor(s).
-321_-
thereafter.
Section 4.
contract year.
The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the
The City shall designate the only approved dry cleaning establishment in the City.
ARTICLE 23
UNIFORMS
Section 1. The City will supply those parts of the uniform that the City requires police
lieutenants to wear on duty. The City will supply replacements for the parts of the uniform when
replacement is appropriate, as determined by the Chief of Police, and if adequate funds are available
in the City's budget.
Section 2. Effective on the date of this Agreement, lieutenants who are members of the
bargaining unit and assigned to plain clothes duty will receive a maximum of $1,000.00 per contract
year, paid in $250 installments at the end of each quarter and pro-rated as appropriate when assigned
during each quarter to plain clothes duty. The City will replace civilian clothes of lieutenants
purchased with the annual allowance when such clothes are damaged in the line of duty. The City
will replace civilian clothes to uniformed officers assigned to plain clothes duty when the clothes are
damaged in the line of duty. The replacement will require the approval of the Chief of Police. The
Lieutenant claiming a replacement will be required to include with his/her claim an explanation of
the circumstances of the damage and appropriate reports concerning the incident. This allowance
shall commence from the date of assignment on a pro-rate basis.
Section 3. Lieutenants assigned to plain clothes duty for more than three (3) months at a time
will receive clothing allowance in accordance with the above for the three (3) months and pro-rated
-32-
Lieutenants assigned to plain clothes duty will be given a cash cleaning supplement reasonably
equivalent to that of the uniformed Lieutenant. This will be paid at the end of each quarter of the
contract year. This allowance shall commence from the date of assignment on a pro-rated basis.
Section 5. Lieutenants assigned to plain clothes duty for more than three (3) months at a time
will, for that three months period, be given a cash cleaning supplement equivalent to that given
lieutenants and pro-rated thereafter. These payments for lieutenants assigned to plain clothes duty
will substitute for the normal cleaning allowance for lieutenants.
-33-
ARTIC! JE 24
TRAINING
Section 1. The Police Chief will decide on the Department's training program according to his
judgment of the needs and requirements and potential for each member of the Department.
-34-
ARTICLE 25
PERSONNEL RECORDS
Section 1. All personnel records shall be maintained within the limits of and in accordance with
the provisions of the Public Records Law.
Section 2. Consistent with State law, the City agrees that upon request, a member shall have the
right to inspect his or her own personnel records whenever or however kept. The member shall have
the right to make duplicate copies of his or her own records at no expense to the bargaining unit
member. No record shall be hidden from a member's inspection and members shall have the right to
allow anyone of his or her choosing to inspect the personnel records with written authorization.
Members shall have the right to inspect any and all records used to evaluate, promote or in any other
manner, classify or direct an employee within the provisions of the Public Records Law.
Section 3. A personnel file for all City employees is maintained by the City Human Resource
Department. The City will purge these files of disciplinary actions in accord with the appropriate
Florida State Statute. The purging will take place when the Human Resources Department notes
that it is time for a record to be purged or when an employee, in writing brings the matter to the
attention of the Human Resources Director. An employee may request, in writing, that specific items
be added to his/her Personnel file.
Section 4. All citizen complaint files and Internal Affairs investigations will be governed by
Florida State Statutes and the Public Record destruction guidelines.
Section 5. A 24 hour notice must be given to the bargaining unit member if any person
requests a copy or review of the members' personnel file. E-mail to the bargaining unit member
shall constitute notice.
-35-
-36-
ARTICLE 26
SOLICITATIONS
No member shall be forced to attend or participate in solicitations for monies, membership or sales
by any outside group (charities, insurance companies, religious organizations, etc.) while on duty or
at roll call.
-37-
ARTICLE 27
SAFETY AND HEALTH
Section 1. The City agrees that it will conform to all State and Federal laws concerning safety,
health, sanitation and working conditions, when said laws are specifically applicable to public
employees.
Section 2.
Protective devises, wearing apparel and other equipment necessary to protect
employees from injury shall be provided and maintained in proper working condition by the City at
no cost to the employee.
-38-
ARTICLE 28
USE OF CITY FACILITIES
The PBA shall be entitled to the use of City facilities to conduct Union business at the same cost
assessed to other organizations, and subject to availability.
-39-
ARTICLE 29
HOURS OF WORK AND OVERTIME
Section 1. Members of this bargaining unit are considered exempt status employees under
FLSA, not eligible for overtime pay.
Section 2. No person shall be required to work more than sixteen (16), continuous hours except
in a declared emergency. For the purposes of this section and this agreement, an emergency shall be a
natural disaster, (flood, hurricane, etc.) or man-made disaster (riot, mass civil unrest, etc.) or other
incident which directly threatens the health and safety of the citizens of Boynton Beach.
-40-
ARTICI.E 30
SHIFT SELECTION
Section 1. The Department shall have the discretion to determine the number of persons
assigned to each shift and division within the Department. The City reserves the right to assign
Lieutenants to a particular division within the Police Department.
Section 2. The City may designate the number of slots assigned to each shift. Thereafter the
employees shall choose slots by seniority. The Department shall have discretion to change the
probationary lieutenant for training purposes. The right to select a shift shall not apply to
probationary lieutenants.
-421_-
assignments.
Section 4.
The City shall have the right to determine the number of lieutenants assigned to each
division and each shift.
Section 5. For lay-offs and other non-disciplinary reductions in personnel, Senior Classes will
displace Junior Classes. An example would be: if a police lieutenant's position is to be abolished, the
incumbent with the least seniority in the position of lieutenant would displace a Police Sergeant, who
would displace a Police Detective, who would displace a Police Officer, who would displace any
probationary or provisional or temporary, or be separated as the case may require.
ARTICLE 3 1
SENIORITY
Section 1. Seniority shall be computed from the date of promotion. If two (2) lieutenants have
the same date of promotion, the date of initial appointment to the service of the City as a police
officer shall be the determining factor.
Section 2. Seniority shall accumulate during all authorized leaves.
Section 3. Seniority shall be the determining factor for the selection of vacations and overtime
-42-
ARTICLE 32
TRANSFERS AND SHIFT CHANGES
Section 1. No member shall be transferred nor have his/her shift or schedule changed, including
days off, without forty-eight (48) hours notice, except in time of emergency, as declared by the City
Manager or his/her designee.
Section 2. Members may request to exchange shifts, provided that the exchange is approved.
Such approval shall not be unreasonably withheld. The City shall not be obligated to pay overtime to
accommodate the exchange.
-43-
ARTICLE 33
GROUP INSURANCE
Section 1. The City shall provide and pay the premium for a Fifty Thousand Dollar ($50,000.00)
life insurance policy to all bargaining unit members at no expense to the employee. The policy shall
bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to
any other benefits required by State or Federal law.
Section 2. The City, during the term of this Contract, shall provide and pay for one hundred
percent (100%) of the cost of individual coverage in a group health insurance policy for members of
the bargaining unit.
Section 3. The health and dental insurance coverage currently in effect shall not be substantially
reduced through the life of this contract.
The selection of a carrier or carriers to provide health and dental insurance coverage is a managerial
function reserved solely to the City. The City will use its best efforts to maintain health and dental
coverage which is substantially equivalent to the coverage in effect on the date of ratification of this
Agreement. The number of available plans may, at the City's option, be changed. Minor reductions
in coverage are permissible and do not constitute a unilateral change of benefits under this Collective
Bargaining Agreement. In the event the total health and dental insurance benefit package is altered
in a manner which increases either a bargaining unit members annual deduction by more than five
(5%) percent over the deductible current at time of ratification of this Agreement or an itemized co-
payment by more than 25%, the Union may reopen negotiations of this Article by making written
request to the City Manager.
-44-
ARTICLE 34
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. The
City shall reimburse bargaining unit members at 50% of cost for attending and being approved for
life experience only at Barry University, Nova University and St. Thomas University, for not more
than 30 credits. In the event that a course is a mandatory pass/fail course, a grade of passing shall be
treated as a satisfactory grade and will be reimbursed for 100% of the cost of the course. Employees
shall receive no compensation for grades below a "C".
Section 4. Courses must lead to a degree in the fields of law enforcement, criminal justice,
public administration, or any other similar police profession discipline that may, in the opinion and
with the approval of the City Manager enhance the member's performance as a law enforcement
officer.
Section 5. Post-graduate courses authorized under Section 4, shall also be reimbursed based on
grades outlined under Section 3. However, reimbursement is limited to a maximum of six (6) credits
per semester. For every two (2) reimbursed semesters, the member must remain in the employ of the
-45-
City for one (1) year. Failure to do so would require the member to payback the City for the
equivalent percentage reimbursement.
-46-
ARTICLE 35
DEPARTMENTAL POLICIES, RULES AND REGULATIONS
Section 1. It is agreed and understood that the Police Department currently has policies, rules
and regulations governing employment. The formulation, amendment, revision and implementation
of any rule shall not be arbitrary or capricious. In the event of a conflict between the rules and
specific provisions of this Agreement, the Agreement shall control.
Section 2. Nothing in this Section shall constitute a waiver of the Union's right to impact
bargaining as defined in Chapter 447, Part Il, Florida Statutes (the Florida Public Employee's
Relations Act). In the event the City wishes to amend, revise or implement any new rule, it shall
give ten (10) days notice to the Union. In the event the Union requests impact bargaining due to a
rule change, the implementation date shall not be extended and the parties agree to expedite impact
bargaining.
-47-
ARTICLE 36
OFF-DUTY POLICE EMPLOYMENT
Section 1. Off-duty police employment shall be defined as any police-related duty that is
performed or administered by a sworn employee which is paid for by a private entity, through the
City of Boynton Beach.
Section 2. When City facilities are used by other agencies or persons, any desired security
arrangements shall be at the option of the user. If the user and/or the City determines that certified
police officers are to be required at any public event, only Boynton Beach Police Department
personnel shall be used.
-48-
ARTICLE 37
GRIEVANCE AND ARBITRATION PROCEDURES
GRIEVANCE PROCEDURES
Section 1. A grievance is defined as a dispute involving the interpretation or application of the
Collective Bargaining Agreement.
Section 2. A dispute over disciplinary action is not a grievance, but shall be referred to as an
appeal of disciplinary action. The process for handling appeals of disciplinary action are set forth in
this Article.
Section 3. The parties are committed to resolving grievances in a timely fashion. Accordingly,
any grievance not submitted or advanced by the grieving party in accordance with the time limits set
forth below will be considered abandoned. Any grievance not answered by the City within the time
limits set forth below will automatically advance to the next step of the grievance procedure.
By way of example: When a grievance is advanced to the Police
Chief on January 1st, the Police Chief must respond by January 21st. If
the Police Chief responds to the Grievant on January the 3rd, and the
Grievant is not satisfied with the Chief's determination, the Grievant
has ten (10) days from January 3rd to request appointment of an
arbitrator. If the Police Chief fails to respond by January 21~t, the
Grievant has ten (10) days from January 21st to request appointment
of an arbitrator.
Section 4. A grievance must be filed within ten (10) days of the first occurrence of the event
which give rise to the dispute. Grievances shall be presented in the following manner:
Step 1. A grievance must be filed on a form approved by the City within ten (10)
calendar days as set forth in Section 4 above. The grievance must make specific
-49-
reference to the Article and Section of the Agreement in dispute, set forth detailed
facts explaining how the Article and Section has been misapplied by the City, and
state the relief sought by the grievant. The grievance form shall be filed with the
grievant's immediate supervisor. In the case of a class grievance filed by the Union,
the grievance form shall be filed with the Police Chief.
Step 2. The immediate supervisor shall review the grievance and make a written
recommendation for disposition of the grievance to the Police Chief within ten (10)
days of receipt of the grievance.
Step 3. The Police Chief shall review the grievance and render a written decision
within ten (10) days of receipt of the recommendation from the immediate
supervisor. The Police Chief may require members of the Bargaining Unit to submit
to questioning as part of his review of the grievance.
Step 4. In the event that a grievant is not satisfied with the disposition of the
grievance by the Police Chief, the grievant shall have the right to submit the
grievance to the City Manager. Submission to the City Manager shall be made
within ten (10) days of the date of the Chief's disposition or the expiration of the time
period for the Chief's disposition in the event the Chief does not render a decision.
Step 5. The City Manager shall review the grievance and render a written decision
within ten (10) days of the submission of the grievance to him/her. The City
Manager may require members of the Bargaining Unit to submit to questioning as
part of his review of the grievance.
Step 6. In the event the employee is not satisfied of the disposition of the grievance
by the City Manager, or if there is no disposition by the City Manager in a timely
fashion, the grievant may request appointment of an arbitrator. The grievant's
request for the appointment of an arbitrator must be made within ten (10) days of the
date of the City Manager's disposition of the grievance, or the expiration of the time
period for the City Manager's disposition in the event the City Manager does not
render a decision.
Step 7. The City and the Union have agreed to establish a panel of arbitrators,
consisting of six (6) members, three of which will be selected by the Union and three
of which will be selected by the City, who will be selected to serve on a rotating
basis. The grievant's request shall commence with a written request for arbitration
to the City. Following appointment of an arbitrator, Arbitration shall proceed as set
forth in this Article. If a panel has not been agreed to by City and union, the
grievant's request shall commence with a written request to the Federal Mediation
-50-
and Conciliation Service to submit a list of names of five (5) arbitrators. Both
parties will alternatively strike one name until an arbitrator is agreed to. Following
appointment of an arbitrator, arbitration shall proceed as set forth in this Article.
ARBITRATION
Section 1. When an arbitrator has been selected by the parties, the City shall have ten (10) days
from receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by
the City, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days
prior to the commencement of an arbitration hearing on the grievance itself. If the City raises the
question of arbitrability and loses that determination, the City shall pay the cost of the arbitrator. If
the City raises the question of arbitrability and the arbitrator determines that the matter is not
arbitrable, the Union shall pay for the arbitrator. This provision shall not prohibit the City from
challenging the arbitrability of any grievance in an action for declaratory relief filed in the Circuit
Court of Palm Beach County, Florida. In no event may the City seek a determination of arbitrability
by both the arbitrator and the Circuit Court. In the event of a court action by the City, the
grievance/arbitration proceeding shall be abated until the conclusion of the court proceeding.
Section 2. The arbitrator shall conduct the arbitration 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 hearing once set, the
requesting party shall pay any fee charged by the arbitrator for resetting the heating.
-51-
Section 4. The arbitrator's decision shall be confined to the statement of the grievance set forth
in the written grievance form together with any defenses raised by the City at any step of the
grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from,
or otherwise alter or supplement this agreement or any part thereof in order to resolve a grievance.
The arbitrator may not issue declaratory opinions and shall confine himself/herself exclusively to the
issues presented, which must be actual and existing.
Section 5. The arbitrator shall render a written decision within thirty (30) days of the close of the
arbitration hearing or submission of post hearing briefs, whichever occurs last.
DISCIPLINARY APPEALS
Section 1. Discipline is classified as either major or minor as follows:
MAJOR: Termination
Demotion
Suspension without pay-mom than two (2) days
No employee shall be subject to major discipline without first being afforded a pre-
determination conference with the City Manager or his/her designee. No pre-determination
conference shall be conducted with less than ten (10) calendar days notice to the employee.
MINOR Written reprimand
Suspension without pay-two (2) days or less
Section 2. Appeals of disciplinary action shall be handled as follows:
A. Major discipline may be by appeal to an arbitrator, by using the same
procedure for appointment of an arbitrator as set forth in this Article. The request for appointment
-52-
of an arbitrator must be made in writing within ten (10) calendar days of notice of disciplinary
action.
B. The arbitrator may sustain, reverse, or modify the discipline set by the City
Manager. The decision of the Arbitrator is final and binding on the parties.
C. Written reprimands may not be appealed but the employee may submit a
written response to a written reprimand provided the response is submitted within ten (10) days of
the written reprimand. If a written response is submitted by the employee, it shall be attached to the
written reprimand and placed in the employee's personnel file.
D. Suspensions without pay of two (2) days or less may be appealed to the City
Manager whose decision shall be final.
notice of the suspension without pay.
An appeal shall be filed in writing within ten (10) days of
The City Manager shall conduct an investigation of the
discipline and render a decision within twenty (20) days of the appeal. The City Manager's decision
may be to either sustain, reverse, or modify the discipline. In no event shall the City Manager's
decision increase the discipline to more than a suspension without pay of two days. The City
Manager may conduct interviews with the grievant, departmental staff, or members of the
bargaining unit as part of his/her investigation of the discipline.
ARTICLE 38
PAST PRACTICES
All employment practices listed below shall remain in effect:
A. Lockers.
B. Locker room shower, gym.
C. Shoes every six (6) months.
D. Provide weapons, equipment, gear appropriate to assignment.
E. Bullet proof vests.
F. Jackets, raincoat, boots.
G. Desk space, office supplies.
H. Approved and required travel expenses.
I. Use of City vehicles for court when available.
J. Three (3) complete uniforms per year, as needed.
-53-
-54-
ARTICLE 39
PERSONAL AND DEPARTMENTAL VEHICLES
Section 1. When an employee is required to use his/her personal vehicle in the performance of
police duties, said employee shall be reimbursed a mileage rate as established by City resolution,
excluding mileage traveled to and from the normal work location.
Section 2. For the purpose of this Article, the performance of police duties shall include
attendance at court, depositions, administrative heatings, conferences with City officials, schools and
seminars.
Section 3.
Section 4.
Bargaining Unit members shall be assigned City vehicles for use on and off duty.
If a Bargaining Unit member is not involved in a "Chargeable" accident for 12
months, the member will get a bonus on their anniversary equivalent to one (1) day's pay.
-55-
ARTICLE 40
PROMOTIONS
Section 1. All bargaining unit members are eligible for appointment to the next highest rank in
the department. Criteria for evaluation and appointment shall be established by the Police Chief
with the assistance of the Human Resources Department. All promotional opportunities will be
posted for a period of thirty (30) days before closing.
-56-
ARTICLE 41
SAVINGS CLAUSE
Section 1. If any Article or section of this Agreement should be determined by a court of
competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or
judicial decision, all other Articles and sections of this Agreement shall remain in full force and
effect with it being presumed to be the intent of the parties that the invalid language be stricken.
Section 2. In the event of such a determination, the parties shall meet within thirty (30) days for
the purpose of negotiating a substitute provision.
Section 3. There is no past practice regarding wages, benefits or conditions of employment that
is binding on the parties except as set forth in this collective bargaining agreement. Neither the
City's Civil Service Rules and Regulations, nor the City's Personnel Policy Manual have application
to collective bargaining unit members.
-57-
ARTICLE 42
TEMPORARY ASSIGNMENT
Section 1. Lieutenants acting in the capacity of Senior Staff Officer shall be paid five percent
(5%) above the Lieutenant's regular rate of pay during the time assigned as Senior Staff Officer.
Section 2. The provisions of this Article shall not apply to persons performing other than regular
road patrol duties, including details.
-58-
ARTICLE 43
CHEMICAL TESTING
Section 1. Drag and alcohol testing may be conducted on either a reasonable suspicion basis or
at random. Standards for testing and retesting will be as set forth in Florida Statues, Florida
Administrative Code and the City's Drag Free Workplace Policy.
-59-
ARTICLE 44
ENTIRE AGREEMENT
The parties agree that this Agreement constitutes the full and complete understanding of the
parties.
This agreement can not be changed or altered unless by mutual written agreement.
-60-
ARTICLE 45
DURATION OF AGREEMENT
Section 1. This agreement shall become effective on ratification and shall continue in full force
and effect up through and including September 30, 2003.
-61-
Agreed to this ,~%:~>' day of ,~d6[., .~--gI ,200 ~-, by and between the respective
parties through the authorized representatives of the Union and the City.
'~Vitness I -- ,] ~"
Witness
/~ ~ity Attorn[7 v
POLICE LIEUTENANTS
POLICE BENEVOLENT ASSOCIATION
Ernest George, Presidt~nt
CITY OF BOYNTON BEACH
Ratified by City Commission
/o
Date
Ratified by Union Members
., I 1oo 1o
Date