Minutes 11-22-04IvI~.N__U.TE_S_ ?F_ THE COLLECTZVE BARGAZNZNG HEETZNG BETWEEN THE
Al ¥ UP BOYNTON BEACH AND THE PALM BEACH COUNTY POLICE
BENEVOLENT ASSOC]~AT~ON - L]~EUTENANT'S UNliT - HELD ~N
CONFERENCE ROOM B~ cI'rY HALL~ BOYNTON BEACH~ FLORIDA, ON
HONDAY, NOVEHBER 22, 2004 AT 3:30 P.l~l.
Present
For the City:
Jim Cherof, City Attorney
Steve Graham, Assistant Chief of Police
Mary Munro, Budget Coordinator
For the Union:
,Jill Hanson, PBA Attorney
Lt. Richard Root
Lt. Kelly Harris
:~. Call to Order
Attorney Cherof called the meeting to order at 3:30 p.m.
~Z. City Proposal
Attorney Cherof presented the City's proposal as follows:
11/22/04
Lieutenant's Collective Barqaininq Agreement
With the exception of the following monetary provisions, the City proposes
maintaining the terms of the current Collective Bargaining Agreement for an
additional one (1) year, 10/1/04 to 9/30/05.
The City offered the Union a choice of one of the following monetary packages:
Option 1 (exempt status):
The bargaining unit members would continue to be treated as exempt status
employees. Each bargaining unit member would receive a 3% base wage
increase up to a base wage of $80,000, which represents top-out pay for the
position. Any portion of the 3% increase over $80,000.00 would be paid as a
lump sum. Each Lieutenant shall maintain an accurate duty log reflecting hours
actually worked and shall make that log available for inspection on request.
Meeting Minutes
PBA - Lieutenant's/City of Boynton Beach Bargaining Session
Boynton Beach, Florida
November 22, 200,1
Option 2 (hourly rate):
The base wage for each bargaining unit member shall be adjusted the first pay
period following ratification of the Agreement as follows:
Briganti $71,515.20
Harris $65,000.00
Katz $65,000.00
Root $68,748.80
Unger $72,596.80
Yannuz7i $81,291.20
Bargaining unit members shall be converted to hourly rate employees eligible for
overtime.
The base pay for any employee promoted to or hired as a Lieutenant will be
$62,000.00.
Discussion
Attorney Cherof advised how the City had arrived at the numbers for Option 2,
hourly rate. If each of the bargaining unit members were considered with the
numbers he had shown and $10K was added to that, their current base rate
would be shown. The City deducted $10K because the City's audit of the last
time the City paid overtime to the Lieutenant's indicated that on average, the
bargaining unit members received $12.5K in overtime. Attorney Cherof realized
that not each and every bargaining unit member had gotten $12.5K in overtime,
but this was the average. In theory, each bargaining unit member should have
equal opportunity for overtime.
Ms. Hanson asked when that audit had taken place, and Ms. Munro responded
that it had been done in 2001.
Attorney Cherof commented that the City had kept the base pay for any
employee promoted to or hired as a Lieutenant at $62K so it would be less than
the dollar amounts the City had specified as the new base wage starting points.
Attorney Hanson suggested a caucus to consider the City's proposal.
At 3:40 p.m. a caucus was dec/areal. At 3:S8 p.m. the meeting resumed.
Attorney Hanson stated that the negotiations were at impasse because neither
option was acceptable.
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Meeting Minutes
PBA - Lieutenants/City of Boynton Beach Bargaining Session
Boynton Beach, Florida
November 22, 2004
Attorney Cherof expressed regret about not being able to reach an agreement.
He asked why the bargaining unit members had moved away from their position
on the exempt status issue. Attorney Hanson responded that she had expected
the Federal regulations to change if the national election had gone a different
way. It did not now appear that they would be changed. According to her
interpretation of the existing regulations, it was clear that the Lieutenants would
fall under the description of non-exempt.
Attorney Cherof stated that the regulations had not referred to Lieutenants very
often but when they did, it was from a case where they were determined to be
exempt.
Attorney Hanson responded that in terms of how the regulations described the
duties and what they considered to be exempt and non-exempt, the Lieutenants
would have a classification of non-exempt.
Attorney Hanson asked if Attorney Cherof had received a letter PERC had sent
out about the Special Master program. Attorney Cherof and the City Manager will
be meeting to discuss the timetables for this and he would contact Attorney
Hanson by Monday, November 29 at the latest. Attorney Hanson believed that
the Special Master event would probably be on December 23, according to her
interpretation of PERC's timetable.
III. Adjournment
The meeting duly adjourned at 4:00 p.m.
Respectfully submitted,
Susan Collins
Recording Secretary
(112204)
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