Loading...
White Collar 10-99 to 09-00 LABOR AGREEMENT BETWEEN The City of Boynton Beach, Florida and The National Conference of Firemen & Oilers, SEZU, AFL-CTO, CLC, Local 1227 White Collar Bargaining Unit Effective October 1, 1999 September 30, 20011 S:ca\Collective Bargaining - White Collar CBA 030700 Version TABLE OF CONTENTS Article Page 1 Preamble 2 2. Recognition 3 3 Rights of Employees 4 4 Strikes 5 5 Non-Discrimination 6 6 Representation of the City 7 7 Union Representation 8 8 Bulletin Boards 10 9 Progressive Discipline 11 10 Grievance Procedures 21 11 Basic Work Week & Overtime 25 12 Compensatory -I~me 26 13 Sick Leave 27 14 Funeral Leave 31 15 Military Leave 32 16 Leave of Absence 33 17 Jury Duty 34 18 Maintenance of Benefits 35 19 Seniority 36 20 Layoff & Recall 37 21 Job Posting & Bidding 39 22 Recruitment & Selection 41 23 Holidays 45 24 Vacation 46 25 Wages 48 26 Safety & Health 49 27 General Provisions 50 28 Savings Clause 52 29 Dues Deductions 53 30 Pension 54 31 Duration 55 32 Probationary Period 56 33 Longevity Benefits 57 34 Bonus Increase 58 35 City Manager's Incentive Program 59 36 Bonus Days 60 37 Management's Rights 6! S:ca\Collective Bargaining\White Collar CBA030700 version 2 ARTI'CLE 1 - PREAMBLE Section 1. This agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City", and the National Conference of Firemen and Oilers, SEIU AFL-CIO, Local 1227, hereinafter referred to as the "Union". The general purpose of this Agreement is to set forth terms and conditions of employment and to promote orderly and meaningful labor relations for the mutual benefit of the City of Boynton Beach in its capacity as an employer, the employees, and the citizens of Boynton Beach. Section 2. The Parties agree that nothing in this agreement shall prohibit the parties from meeting and discussing any items of mutual interest in accordance with the law. S:ca\Collective Bargaining\White Collar CBA030700 version -~-/.~ - c) c~ 3 ARTt'CLE 2 -RECOGNITtON Section :1.. The City of Boynton Beach hereby recognizes the National Conference of Firemen and Oilers, SE[U, Local 1227 as exclusive representatives for the purpose of bargaining collectively with the City relative to wages benefits and other conditions of employment for all employees in the bargaining unit. Section 2. The Union and management will prepare a listing of new job titles to be included into a unit clarification petition to PERC in order to include all appropriate bargaining unit members who received a position title change through implementation of the pay plan. Section 3. Within 30 days of ratification, a committee shall be formed, which shall include three representatives from the union and three representatives from management. The purpose of the committee shall be to address concerns relative to the job descriptions, duties, wage ranges, classifications, etc., which employees may bring forth to the committee. Section4. The bargaining unit is as set forth in PERC Certification S:ca\Collective Bargaining\White Collar CBA030700 version 4 ARTTCLE 3 - Ri'GHTS OF EMPLOYEES Section ::L. The employees in the bargaining unit shall have the right to .~oin or assist the Union or to refrain from any such activity. Section 2. All provisions of this Agreement shall be applied fairly and equitably to all employees in the Bargaining Unit. Section 3. Employees may request a Union representative to be present when they believe a meeting with a supervisor may lead to discussions which could form the basis of disciplinary action. S:ca\Collective Bargaining\White Collar CBA030700 version 5 ARTZCLE 4 -STRZKES Section 1. The National Conference of Firemen and Oilers, SEIU, AFL-CIO, Local 1227, or their member agents or designees, agree during the life of this Agreement that they shall have no right to engage in any work stoppage, slow down, strike or unlawful picketing. Section 2. In the event of a strike, work stoppage or interference with the operation and accomplishment of the mission of the City Administration, a state or international representative of the Union shall promptly and publicly disavow such strike or work stoppage and order the employees to return to work and attempt to bring about prompt resumption of the normal operations. The Union representatives shall notify the City 12 hours after commencement of such strike, what legitimate measures it has taken to comply with the provisions of this Article. :ca\Collective Bargaining\White Collar CBA030700 version /~-- o o 6 ARTZCLE 5 - NON-DZSCRZMZNATZON Section 1. The Employer and the Union agree that all provisions of the Agreement shall be applied to all employees covered by it and the Employer and the Union affirm their joint opposition to any discriminatory practices to the extent prohibited by law in connection with employment. Section 2. 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, sexual orientation or membership or non-membership in the Union. S:ca\Collective Bargaining\White Collar CBA030700 version ~6/~ ~_/~o o ARTTCLE 6 - REPRESENTAT1'ON OF THE CZTY Section 1. The City shall be represented by the City Manager, or a person or persons designated in writing to the Union by the City Manager. All collective bargaining agreements shall be approved in the manner provided by Chapter 447, Florida Statutes. S:ca\Collective Bargaining\White Collar CBA030700 version ~'~ ~--/_~-o o 8 ARTZCLE 7 - UN1~ON REPRESENTAT[ON Section 1. The Union, as representatives of the employees in the bargaining unit covered by the Agreement, shall have the right to present its views to Management on matters of concern either orally or in writing. The "presentation of views" shall not be construed to mean that the City shall be obligated to hold a formal hearing on any matter put forth by the Union. Section 2. The Employer agrees to recognize the officers, and stewards designated by the Union as agents of the Union. The Union shall furnish written notice to the City Manager's office of the designated Union officers or stewards prior to their appointments becoming effective. The Employer recognizes the right of the Union to designate seven (7) stewards and one chief steward from among the regular permanent employees in the specified divisions. Section 3. Non-employee officials of the Union, shall, with proper notification, be admitted to the property of the employer for purposes of administering the Agreement. Union officials as designated above shall only be able to meet with employees in non-work areas (i.e., break areas) and during non-work time. Section 4. The City Manager will grant Union leave without pay for up to two officers or stewards of the Union for up to a total of twenty (20) days per year in order that they may attend conferences, seminars and/or similar events or other union activities related to their representative function provided the leave does not adversely effect the on-going day to day operations in the any department. Additional time may be used from Union time pool with same approval requirements. Section 5. The eight (8) stewards as designated herein may be released with pay at the sole discretion of the supervisor/department head or their designee, whose approval shall not be unreasonably withheld, for the purposes of attending grievance meetings with management, disciplinary conferences scheduled by management, and pre-determination hearings. Stewards may use up to a cumulative total of 200 hours pay per year for collective bargaining, and arbitration preparation. The hours shall be divided into 100 hours for the chief steward and 100 hours for all other stewards. Hours may be transferred from steward to steward, provided the total for all stewards does not exceed 200 hours. If the total hours used exceeds 200, then stewards may be released without pay, and only at the discretion of the department head (or designee), whose approval shall not be unreasonably withheld when releasing such employee does not adversely effect the on-going day to day operations in any department. For purposes of this Article, a supervisor who must deny a steward's request for time allowed for purposes outlined herein shall notify the ,S:ca\Collective Bargaining\White Collar CBA030700 version ~¥~-/~-o~ 9 steward in writing, within two days, of the reasons for the denial and when the steward can reasonably expect to be granted the time to carry out the purpose of his request. Section 6. The membership of the bargaining unit shall be represented by the President of the Union or by a person or persons designated in writing to the City Manager. The President of the Union, or the person or persons designated shall have full authority to conclude a Collective Bargaining Agreement on behalf of the Union subject to a majority vote of those members of the Bargaining Unit voting on the question of ratification. It is understood that the Union representative or representatives are the official representative of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those defined herein, regardless of their position or association with the Union, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any changes in the designation of any certified representative of the Union. Section 7. There shall be created a Union Time Pool. Each employee member shall be allowed to voluntarily contribute annual leave for Union business. Contribution shall be made once per year in October. Additional contributions may be allowed by management. This time may be used for Union business, including negotiations, upon request by the Union steward. A written request for the Union time pool shall be submitted to the department head or the designee in advance of the requested time off for attending conferences, seminars, and union negotiations. Stewards shall maintain a Union business "time out" slip which shall be processed to show their accumulated hours used against he hours per year granted. The form for this purpose shall be attached hereto as Appendix "A" to this agreement. S:ca\Collective Bargaining\White Collar CBA030700 version 10 ARTi'CLE 8 - BULLETTN BOARDS Section 1. The Union shall be provided space on bulletin boards at each location so designated by the Employer in the areas where unit employees normally are assigned to work, for use by the National Conference of Firemen and Oilers, SETU, Local No. 1227. These bulletin boards shall be used for posting Union notices, signed by a Union officer but restricted to the following: A. Notices of Union recreational and social affairs; C. D. E. Notices of Union elections and results of elections; Notices of Union appointments and other official Union business; Notices of Union meetings. Union Newsletter, OnTrack (may be unsigned) Section2. All other information, including any notices containing any information other than purpose, date, time and place may be posted on such designated areas and the Union shall furnish the City Manager's office with a copy. All costs incidental to preparing and posting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved material on its bulletin board and for maintaining such bulletin boards in an orderly condition. Section 3. The Union shall not post endorsements for candidates who are running for office. S:ca\Collective Bargaining\White Collar CBA030700 version 11 ARTt'CLE 9 - DZSCTPLTNE PURPOSE 1. The City is committed to recruit, train, and retain qualified employees who will contribute to the City's mission. 2. The success of the City government in providing quality and efficient public service directly correlates with appropriate employee conduct and performance. Employee behavior that is positive and supportive of the goals of effective municipal management is fully encouraged. 3. When an employee's conduct or performance is inconsistent with the needs and goals of the City, disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested when circumstances support its use. In proper cases, dismissal may immediately occur. 4. No employee shall be disciplined or discharged without just cause. POLTCY 1. Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individuals growth, development and most importantly to insure the successful operation of the City and its services. However, in certain circumstances punitive discipline actions will be necessary. There is no "fixed formula" for discipline, management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance or severity of the incident. 2. Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 3. A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. 4. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate measure. S:ca\Collective Bargaining\White Collar CBA030700 version 12 5. The level of misconduct may differ in individual cases from apparently similar incidents. The City retains the right to treat each occurrence on an individual basis without creating a precedent for situations which may arise in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the rights of the City, but are to be used as a guide. 6. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to follow the completed disciplinary documents to Personnel, shall serve as grounds for disciplinary action. EXAMPLES OF MZSCONDUCT The following types of infractions, offenses or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the City or the Department or employee wrongs or offenses which violate permissible behaviors or are specifically prohibited by law. The following are examples of violations which shall result in discipline and the progressive discipline actions which may accompany the violations. MISCONDUCT Conduct unbecoming of a City employee. Conduct unbecoming a City employee means: Employee behavior or actions on the part of the employee which hinder or jeopardize the successful operation of the City, undermine teamwork and cooperation among City employees, or undermine the public confidence in the City or its employees. Violations or disregard of City Safety Policy & Procedures, including: a. Careless use of vehicles or equipment b. Failure to use all safety restraints when riding in or operating a City vehicle c. Failure to wear and or use prescribed uniforms or equipment Abuse of Personnel Policies, including but not limited to: a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism b. Failure to notify Department and or Human Resources of current address and telephone number within 10 calendar days of change c. Failure to report any outside employment Abuse of departmental procedures and work rules including: a. Failure to provide name and official title to any person requesting same when performing work related duties S:ca\Collective Bargaining\White Collar CBA030700 version 13 b. Habitual extension of lunch period or break period c. Habitually late for work without valid reason d. Smoking in prohibited areas e. Unauthorized solicitation, posting of material behavior or non-productive Documented failure of a supervisor to perform duties required of supervisory employees including recommending and/or taking disciplinary actions when necessary. NOTE: This chart outlines the usual progression options for repeated occurrences of misconduct. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. OhhENSETYPE iSTOCCURRENCE 2ND 3RD OCCURRENCE OCCURRENCE Misconduct Counseling Written Reprimand Suspension Without Pay or Dismissal SERIOUS [41'SCON DUCT Violation or disregard of City Safety Policy & Procedures, including: a. Continued misuse of equipment or negligence resulting in injury to self others or damage to City equipment or property b. Horseplay potentially hazardous to life or property c. Unauthorized use or unsafe operation of City property, equipment or vehicles a Abuse of Personnel Policies, including: a. Threatening a co-worker or supervisor b. Use of abusive language to or about an employee, co-worker, supervisor or the public c. Insubordination, meaning the failure to recognize or accept authority of supervisor Abuse of departmental procedures and work rules, including: a. Sleeping on the job b. Absent without calling in to department within one hour of shift start time c. Disrupting or hindering departmental operations d. Failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status S:ca\Collective Bargaining\White Collar CBA030700 version 14 e. Outside employment which conflicts, interfered or otherwise hampers the performance of the employee in their City job 4. Inefficiency or Incompetence The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals, and contribute to team success. Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet Standards" performance evaluation (rating of 1 or 2) shall be given follow- up evaluation within 60 days of the "Does not Meet Standards: or :Partially meets Standards" initial evaluation. More than one overall rating of "Below Standards" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of"Meets Standards"{as outlined in the Incentive Pay System Policy}. The following chart outlines the progressive discipline options for three occurrences of serious misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive discipline. OFFENSE TYPE :[SI'OCCURRENCE 2ND 3RD OCCURRENCE OCCURRENCE Serious Written Reprimand Suspension Dismissal Misconduct or Suspension Without Pay or Without Pa,/ Dismissal EXTREHE H1'SCONDUCT 1. Violations or disregard of City Safety Policy & Procedures, including a. Failure to report an on-the-job injury or accident within 24-hours to the immediate supervisor b. Failure to report an employees' on-the-job injury to Risk Management within 24 hours and/or completion of necessary documentation c. Fighting on the job or engaging in any intentional act which may inflict bodily harm on anyone d. Operating a City vehicle or equipment without a required and valid driver's license e. Failure to report the revocation or suspension of a driver's license when employment involves driving S:ca\Collective Bargaining\White Collar CBA030700 version 15 Abuse of Personnel Policies, including, but not limited to: a. Possession of a firearm or concealed weapon on City property or while performing official duties without written permission from the Department Director (excluding law enforcement officers) b. Gambling during work hours c. Refusal to sign a disciplinary form d. Suspension or revocation of any required certifications. 3. job related license or Abuse of departmental procedures and work rules, including: a. Unauthorized personal use of City equipment or funds b. Conducting personal and/or private business on City time; improper use of City time for such activity c. Falsifying attendance records d. Other department rules as communicated by director or supervisor Illegal, unethical or improper acts, including: a. Theft or removal of City property without authorization b. Falsifying employment application or concealing information during pre- employment screening or processing c. Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, Florida Statute d. Giving false information or failure or refusal to fully cooperate or provide full truthful information in City initiated investigations e. Possession, use or sale of illegal drugs, alcohol or prescription medication that alters the employee's performance on the job or any confirmed positive drug test f. Possession or use of alcohol while on duty; or reporting to work under the influence of alcohol g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program h. Refusal to submit to a City required drug or alcohol test i.. Falsifying or attempting to falsify a City ordered drug test j. Violating the City's Sexual Harassment policy through interaction with another employee or a member of the public k. Conviction of a felony (Tncluding non-work related) The following chart outlines the progressive discipline options for two incidents of extreme misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. Ohh~-NSE TYPE Extreme 1ST OCCURRENCE or Suspension 2ND OCCURRENCE Dismissal S:ca\Collective Bargaining\White Collar CBA030700 version 16 IUnlawful Without Pay or Misconduct D smissa Note: The progressive discipline steps outlined above refer to the discipline options the City may take. If such discipline is appealed to arbitration, the arbitrator is not bound in any manner by such options and is free to independently determine the appropriate level of discipline if the employee is found to have committed the offense. PROCEDURE FOR D1'SCtPL~'NARY ACTZON 1. When an immediate supervisor becomes aware of conclusive evidence of the need for the employee discipline, he/she becomes responsible and shall investigate the circumstances of the misconduct or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. Human Resources will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. A. Administrative Review: Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any City employee, with the exception of Police department employees. These investigations shall be conducted by the Department Director and Human Resources, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. Human Resources shall assume responsibility for acquiring any necessary sworn statements. Administrative investigations shall be conducted expeditiously. B. Criminal Tnvestigations: Investigations conducted when criminal violations are reportedly committed by an employee of the City. The Police Department, in collaboration with the Department Director of the involved employee shall conduct these investigations. 1. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted prior to the effective date of final disciplinary action. 2. The immediate supervisor may initiate a three-day suspension or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident or misconduct in the absence of the employee. Suspensions of S:ca\Collective Bargaining\White Collar CBA030700 version 17 more than three days with pay require the approval of the Human Resources Director. This practice may also be used in the event that alleged misconduct is severe but unproved. The immediate supervisor shall immediately notify the Department Director and Human Resources after the suspension is issued, so that the matter can be investigated. 3. A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be counted as disciplinary in nature. A document confirming a favorable determination as to the matter should be made part of the employee's record. TYPES OF DZSCZPLZNARY ACTION A. COUNSELTNG - Consists of the immediate supervisor warning the employee to correct or improve performance, work habits or behavior, and counseling the employee on improvements expected. Counseling serves as a warning against further repetition of employee behavior. Future violations will result in discipline up to and including termination. The immediate supervisor should complete a Counseling Memorandum. The employee shall be required to sign the form signifying that he/she has read and discussed the contents with the supervisor. The Counseling Memorandum shall be forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments for inclusion in the record. B. WRrlTEN REPRI'I4AND - Consists of an immediate supervisor issuing a written notice of reprimand to improve performance, work habits or behavior. A written reprimand should include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits or performance which require improvements; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. Employees may submit comments for inclusion in the record. S:ca\Collective Bargaining\White Collar CBA030700 version 18 The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvements, a follow-up discussion at the end of the designated time period should be conducted. The follow-up discussion will provide a specific opportunity to review the employee's improvements relative to the discipline. Written reprimands should be reflected on the employee's performance appraisal along with any noted improvements. C. SUSPENS]ON WZTHOUT PAY - Consists of an employee being prohibited from returning to work until the specified period of suspension has passed or the forfeiture of vacation time, if agreed to by the employee. Suspensions without pay shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when instances of progressive discipline supports a suspension without pay for a specified period of time. Any time an employee is suspended for discipline the suspension shall be without pay. 1. With the written authorization of the Department Director and Human Resources, immediate supervisors have the authority to issue a suspension without pay for three (3) working days or less. 2. Suspensions without pay beyond three working days require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City IVlanager's Office. 3. Employees being suspended without pay shall be notified in writing by the immediate supervisor. The written notification shall consist of the reason for the action and the duration of the suspension without pay. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. 4. Employees may submit comments for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to Human Resources for inclusion in the employee's record, with a copy provided to the employee, the Department Director, and one to the Finance Department for payroll purposes. D. DEMOTIONS - In the context of this policy demotion consists of an employee being involuntarily removed from a higher level classification to a lower level classification, with a resulting decrease in salary. Although not limited to such instances, demotions may occur in some cases because of the inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to S:ca\Collective Bargaining\White Collar CBA030700 version 19 comply with employment conditions such as licensure or certification. In addition, probationary employees shall be subject to demotion without the City being required to state a reason. The probationary employees shall not have access to any appeal process with regard to the demotion. Immediate supervisors should discuss the potential demotion of an employee with their chain of command and the Human Resources Department prior to a written recommendation for demotion. The Department Director shall then submit the written recommendation to the City Manager through Human Resources. Demotions require concurrence from Human Resources, review by the City Attorney's Office and authorization from the City Manager prior to being effected. Written notification of demotions shall be provided to the employee by the department Director. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disciplinary actions up to and including termination if the demotion was a result of misconduct_. All documentation of a demotion shall be retained in the employee's file in the Human Resources Department. A copy of the written notification of demotion shall be forwarded to the Finance department for payroll purposes. Employees may request a demotion to a lower level classification voluntarily. Such demotion shall not be punitive. Employees may submit comments for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification and forwarded to Human Resources for inclusion in the employee's record. E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. Immediate supervisors shall supply through documentation and discuss recommendations for an employee's dismissal with their chain of command and Human Resources. Upon receiving a written recommendation from the supervisor, the Department Director shall submit the documentation to Human Resources. Dismissals shall be effected only with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the City Manager. A written notice of recommended termination shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, S:ca\Collective Bargaining\White Collar CBA030700 version ~ 3 _/.~_oc~ 2O then the notice shall; be sent via US mail to the most recent address on record in the personnel file. The recommendation shall include the following information: 1. The underlying reasons for the recommended termination 2. Documentation upon which the Department Director relied in formulating said recommendation 3. An explanation of his/her rights to request a predetermination hearing prior to termination taking effect and the facts that the decision to discipline of the City Manager shall be final subject to grievance and arbitration as provided for in Article 10 of this Agreement. The dismissal recommendation and the City Manager's final decision shall be placed in the employee's personnel file, and a copy shall be forwarded to the employee and his/her Department Director. Employees may submit comments for inclusion in their personnel file. Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. R1'GHT TO PRE-DETERMt'NATION HEARt'Nfl Prior to the effective date of any suspension without pay of three (3) days or more, or a termination, the City shall conduct a predetermination hearing. The Human Resources Director and the City Manager's designee shall conduct the predetermination hearing. The employee shall be provided with reasonable notice of the predetermination hearing date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination hearing by a representative of his choice. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination hearing, and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and at the same time establish the suspension or termination date(s) if appropriate. EMPLOYEE APPEALS - GRTEVANCES Probationary employees shall not have the right to appeal or grieve any type of disciplinary action. Regular employees shall have just cause appeal and grievance rights as outlined in Article 10 of this Agreement. S:ca\Collective Bargaining\White Collar CBA030700 version 21 ARTI'CLE 10 - GRi'EVANCE PROCEDURES Section 1. A grievance is defined as a dispute or disagreement involving the application or interpretation of this Agreement. Issues or disputes which are not grievances as so defined shall not be subject to arbitration, but may be processed through the grievance procedure only after all attempts to resolve the dispute through labor management meetings have failed. The term "day" shall mean, calendar day, Monday through Friday, exclusive of holidays recognized by this Agreement. Section 2. No employee or group of employees may refuse to follow directions pending the outcome of a grievance except where safety would be jeopardized. Employees in the bargaining unit will follow all written and verbal directives, unless the employee has an objective basis to believe that his/her health and safety is threatened. Compliance with such directives will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. The parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application or interpretation of this Agreement. Section 3. All grievance statements of appeal and answer must be in writing. Grievances not appealed to the next higher step within the prescribed time limits will be considered settled on the basis of the last answer by management. Failure by management to observe time limits for any step of the grievance procedure shall entitle to the employee to advance the grievance to the next step. Grievance time limits may be extended by mutual written agreement of the Union and the City. Section 4. Grievance and Appeal Procedure Steps A. An employee who receives a verbal and written warning may place a written refutation into his/her personnel file to dispute the verbal warning or warning notice. Should the employee not sustain an additional verbal or written warning for the same offense within twenty-four (24) months of the initial warning, the initial verbal or written warning shall not thereafter be considered for progressive discipline. B. Discipline, which is more severe than a written or verbal warning, but less severe than a four-day suspension shall be appealed through the expedited grievance and arbitration process, or by appeal to the Human Resources Director, at the employees' option. If appealed to the Human Resource S:ca\Collective Bargaining\White Collar CBA030700 version 22 Director, decisions of the Human Resource Director are final and binding.. The union and management shall select a panel of local South Florida arbitrators for the term of this Agreement, who shall individually hear on a rotating basis, all pending expedited arbitration cases on scheduled dates if needed every four months. Presentation by either side shall be limited to two hours. Witnesses shall be limited to four for either party. Court reporters and/or written briefs shall not be utilized by either party. The arbitrator shall make a final and binding ruling immediately following the hearing without explanation or the setting of precedent. The initial steps of the grievance procedure shall apply to the expedited arbitration process. C. Discipline that is more severe than a three-day suspension shall be appealed through the existing grievance and arbitration process outlined below. Section 5. GRIEVANCE AND APPEAL PROCEDURE STEPS: Step ~.. Within five (5) days of the incident or the time which the employee should have had knowledge of the incident, the employee may initiate a written grievance with his/her immediate supervisor during normal work hours. He/she may have the Union steward present the grievance to the supervisor if he/she desires. The discussion will include a description of the action requested and the basis for the request. Within five (5) days, the immediate supervisor shall respond to the employee with his/her decision in writing. The written grievance should state the following: A. A statement of the grievance and the facts upon which it is based B. The Articles and Sections of this Agreement alleged to have been violated. C. The action, remedy, or adjustment requested. D. The signature of the aggrieved employee or union representative, and date Failure to specifically state any of the four (4) above items allows the City to request the information prior to further processing. Step 2. If the complaint has not been resolved in Step 1, within five (5) days the employee may appeal to Step 2 to the Division Director. Within five (5) days of receipt of the grievance, the Division Director will contact the aggrieved employee and schedule a meeting at the Division Director's earliest convenience. The Division Director shall respond in writing within five (5) days of the meeting. Stel~ 3. If the complaint is not resolved in Step 2, the employee may, within five (5) days of Step 2 decision, appeal to Step 3 to the Department Director. Within five (5) S:ca\Coll¢ctive Bargaining\White Collar CBA030700 version 23 days of receipt of the grievance, the Department Director or his/her designee will contact the aggrieved employee and schedule a meeting at the Department Director's earliest convenience. The Department Director or his/her designee shall respond in writing to the employee within five (5) days of the meeting. Step 4. In the event the employee is not satisfied with the disposition of the grievance by the Department Director, the employee shall have to the right to appeal the decision to the City Manager within seven (7) days of the date of issuance of the Department Director's decision. The City Manager or his/her designee may schedule a meeting to discuss the grievance. The City Manager or his/her designee shall render a decision in writing within ten (10) days of the appeal or the meeting. S:ca\Collective Bargaining\White Collar CBA030700 version .~,.~,,..~ ~/Z~-o~, 24 Steo 5. If the employee is not satisfied with the disposition of the grievance by the City Manager, and within ten (10) days of such decision, the dispute may be referred by either party to an impartial arbitrator to be appointed by mutual agreement of the parties. In case the City and the Union are unable to agree upon an impartial arbitrator within fifteen (15) days after the conclusion of Step 4, then on application of either party a petition may be made to the Federal Mediation and Conciliation Service in Washington, DC to supply the parties with a panel of arbitrators. The parties will select an arbitrator from a panel by alternatively striking names from the panel. The remaining arbitrator shall be designated, to whom the grievance shall be submitted. Section 5. The arbitrator shall have jurisdiction and the authority to apply and interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter or change in any way the provisions of this Agreement and shall confine his or her decision solely to the issue of interpretation or application of the Agreement presented. The decision of the arbitrator on any matter within his/her jurisdiction shall be final and binding on the Union, the City and the employees covered by the Agreement unless the award is contrary to existing law or public policy is clearly erroneous as determined by a reviewing Court. Section 6. apply. The hearing shall be informal and the strict rules of evidence shall Section 7. The arbitrator's fee and expenses shall be divided equally by the parties. Section 8. Either party to this Agreement desiring transcripts of the arbitration hearings shall be responsible for the cost of such transcripts. Section 9. Witnesses and grievants who appear for either side shall suffer no loss in pay or benefits for the time spent testifying as a witness. S:ca\Collective Bargaining\White Collar CBA030700 version 25 ARTI'CLE 11 - BASZC WORK WEEK AND OVERTTME Section ::L. The basic workweek shall consist of forty (40) hours, unless otherwise specified. The City Manager will establish and may change the basic work week and hours of work best suited to meet the needs of the department and to provide superior service to the community. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours worked per week. Section 2. All authorized and approved work performed in excess of forty (40) hours in any one work week shall be considered as overtime and shall be paid at the overtime rate of one and one-half times the employee's straight time rate of pay. Employees who regularly work a ten- (10) hour day shall receive overtime for hours worked actually in excess of forty (40) hours. Section 3. The working conditions of employees covered by this Agreement, which may differ from department to department, shall remain status quo for the term of this Agreement. S:ca\Collective Bargaining\White Collar CBA030700 version 26 ARTTCLE 12 - COMPENSATORY TTt4E Section 1. The Fair Labor Standards Act (FLSA) provides that any employee of a public agency who has accrued compensatory time and requested use of this time, shall be permitted to use such time within a "reasonable period" alter making the request, if such use does not "unduly disrupt" the operations of the agency. The use of compensatory time must be pursuant to some form of agreement or understanding between the employer and the employee in conjunction with the appropriate record keeping documentation. In compliance with the FLSA, the City will apply the following schedule for members of this bargaining unit: Compensatory time will be accrued at time and one-half. Accumulation and use of compensatory time must have the prior approval of the employee's supervisor. Section 2. It is solely the employee's choice as to whether he/she wishes to be paid for their overtime at one and one-half times their regular hourly rate of pay or take compensatory time. The City will not encourage employees to take one form of compensation over the other. S:ca\Collective Bargaining\White Collar CBA030700 version 27 ARTtCLE 13 - S1'CK LEAVE Section :L An Employee shall notify his/her immediate supervisor of his/her illness within one (1) hour after his/her normal workday begins. This procedure shall be followed for each day the employee is unable to work unless the employee can provide information to the supervisor of the expected length of his/her illness and the time the employee will be absent. Section 2. Sick leave will be granted upon approval of the department director for the following reasons: A. Employee's health. B. For the illness of employee's parent, spouse, or child, not to exceed 5 days per year. C. Medical, dental, or optical treatment which must be determined in writing by a physician and must be performed during working hours. D Quarantine due to exposure to contagious disease. E..In connection with Workers' Compensation to supplement Worker's Compensation payments, per status quo. F. Sick leave pay may be paid (in cash) to an employee for extraordinary circumstances of hardship and may be granted if the employee has the amount of sick leave credited to his/her sick leave account. The sick leave cash out may not exceed eighty (80) hours and the employee must retain a minimum of 120 sick hours on the books. Denial of sick leave pay will be made in writing stating the reasons for the denial. Section 3. No employee shall be entitled to sick leave in the excess of the amount of such leave accumulated to his/her credit. Employees may accumulate unlimited sick leave. Section 4. An employee making a departmental transfer will retain any unused sick leave. Section 5. For all employees employed as of September 30, 1991, employees (or their beneficiaries in the case of death) that have completed their probationary period and are regular employees will have payment made for unused sick leave at the rate of one half (1/2) of the total number of hours accumulated, not taken, upon termination in good standing, or retirement or death. Employees hired after October 1, 1991, that have attained permanent status and are regular employees will have payment-made for unused sick leave S:ca\Collective Bargaining\White Collar CBA030700 version 28 at the rate specified in the table below, upon termination in good standing, retirement or death. Continuous Years of Service Leave Percentaqe of Accumulated Sick Less than 5 full years More than 5 full years, but less than 10 full years More than 10 full years, but less than 15 full years More than 15 full years, but less than 20 full years Upon retirement from City Service 0% 10% 15% 20% 30% (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). Section 6. Unused sick leave may be accrued on an unlimited based on the currently scheduled workweek of forty (40) hours. A. Sharing Sick Leave (1) It shall be the policy of the City to permit an employee who has a minimum of 120 hours sick leave the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick leave and vacation leave down to forty (40) hours. (2) Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness or injury. (3) When there appears to be a need to share sick leave, bargaining unit members who are willing to contribute sick leave hours, must confirm through the Finance Department that the hours are available, and shall submit a Personnel Action form to the Human Resources Department for proper charge to their sick leave records. Section 7. No member shall be placed on restricted sick leave unless that employee has had a counseling session with his/her Director or Department Head. During that counseling session, the employee will be informed of the reasons being considered for restricted sick leave. At that time, the employee will be given an opportunity to explain the sick leave taken, however, the Department Director shall have the sole discretion to place the employee on restricted sick leave. When an employee is placed on restricted sick leave, the employee will be notified in writing of that fact. An employee placed on S:ca\Collective Bargaining\White Collar CBA030700 version 29 restricted sick leave shall be re-evaluated in three months. If no violation is noted the employee shall be removed from restricted sick leave status. If not re- evaluated within five (5) working days after the three (3) month period, the employee will be automatically removed from restricted sick leave. The employee shall receive a letter from the Department Director stating that he/she is being removed him/her from restricted sick leave. Section 9. WORKERS COf4PENSATION - Whenever 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 Worker's Compensation Act, he/she shall be entitled to full regular pay. If the period of disability is greater than 7 calendar days, the employee shall receive a sum of money up to an amount equal to the difference between his/her worker's compensation check and his/her normal net pay. In no case will the salary supplement be extended beyond three (3) months from the date of injury. At the end of the three months, or sooner, the City Manager, Department Head, and Human Resources Director (or their designee's) will review the case for a determination of pay status. If continuation of the salary supplement is granted, it can be at any rate determined equitable by the reviewing committee, but not to exceed an amount equal to the net take home pay. In no case will the salary supplement be extended beyond six (6) months from the date of injury. After six (6) months from date of injury, the injured employee may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular hourly wage, to the extent that his/her combined sick leave or vacation leave, City supplement, (if less than the full amount authorized) and worker's workers' compensation benefits equal his/her regular weekly net take home salary. The employee must contact the payroll clerk to qualify for the combined check. It is incumbent on the employee to make application for disability in accordance with their pension plan and the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits. If the appropriate disability plan denies the claim, the additional City supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration outlined above, whichever comes first. If an employee who is receiving Worker's workers' compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere, during this period, he/she will be obligated to reimburse the City for all medical expenses and supplement, sick or vacation pay taken and shall be subject to dismissal. S:ca\Collective Bargaining\White Collar CBA030700 version 30 Section :[0. LIGHT DUTY - Employees may return to work with a Light Duty Certificate and/or letter from their physician provided there is work available within the Department that would comply with the Doctor's requirements. If there is no such work available the employee will remain on sick leave status until he/she has a full release to return to work from his/her doctor. S:ca\Collective Bargaining\White Collar CBA030700 version ~¥~ ~--I~-O~ 31 ART]'CLE 14 - FUNERAL LEAVE Section 1. Bargaining unit employees shall be granted time off with pay to arrange for and/or attend funeral services in the event of death(s) in the immediate family as defined in Section 2 of this Article. Proof of death will be required. Such time off will not exceed five (5) working days for an out of state and three (3) consecutive working days for an in state. At the employee's option, five (5) working days out of state funeral leave may be taken in two (2) segments of not less than two (2) days each, provided that all five (5) days are taken within a sixty (60) day period, and documentation establishing out of state travel related to the death is provided to the Human Resources Director. Section 2. For purposes of this Article, the employee's immediate family is defined as a non-probationary employee's husband, wife, son, daughter, son-in- law, daughter-in-law, father, mother, father-in-law, mother-in-law, brother, sister, grandparents, foster parents, foster child, step-mother, or step-father or step-child. The City Manager may grant funeral leave beyond these categories when extenuating circumstances exist. Section 3. Funeral leave shall not be charged to vacation, compensatory time, or sick leave and shall not be used to trigger an overtime payment in any work period unless the employee has worked in excess of 40 hours without the funeral leave computation. Section 4. The City Manager may grant additional leave under this Section which shall be debited against the employees annual or sick leave time or may be granted as leave without pay. S:ca\Collective Bargaining\White Collar CBA030700 version 32 ARTTCLE 15 - F,IZLt'TARY LEAVE Section 1. All employees of the City who are members of a military reserve unit and who must attend annual training sessions are entitled to leave of absence with full pay. The City of Boynton Beach pursuant to Florida Statute 115.07 - Officers and Employees Leaves of Absence for Reserve or Guard Training, will grant up to seventeen (17) calendar days with pay each year in order that such employees may fulfill their military obligations. Full-time permanent employees in the City service who are called to perform military service will be granted a leave of absence without pay for such service in accordance with the provisions of Public Law 93-508, Section 2021 - Right of Re- Employment of Inducted Persons; Section 2024 - Right of Persons Who Enlist or are Called to Active Duty; reserves. S:ca\Collective Bargaining\White Collar CBA030700 version 33 ARTICLE 16 - LEAVE OF ABSENCE Section 1. LEAVE WITHOUT PAY - A regular employee may be granted leave of absence without pay for a period not to exceed one (1) year for sickness, disability or other good and sufficient reasons which are considered to be in the best interest of the City. Such leave shall require the prior approval of the Department Head, Human Resources Director and the City Manager. Employees that are on approved leave of absence without pay will be responsible for paying all of their benefits, i.e. insurance, etc. Except under unusual circumstances, voluntary separation from the City service in order to accept employment not in the City service shall be considered as insufficient reason for approval of a request for leave of absence without pay. If for any other reason leave of absence is given such leave of absence may be subsequently be withdrawn and the employee recalled to service. All employees on leave of absence without pay are subject to applicable provisions of these rules. Section 2. FAF4ZLY MEDICAL LEAVE ACT The City recognizes it's obligation to abide by the provisions of the Family Medical Leave Act which allows employees to take leave without pay for family medical reasons, upon request. Employees must use all paid leave before FHLA leave. S:ca\Collective Bargaining\White Collar CBA030700 version 34 ART1'CLE 17 - JURY DUTY Section 1. An employee who is legally summoned to serve on a jury or as a subpoenaed witness on cases relevant to the City shall be permitted absence with pay for the time required from such duty. However, such paid time will not be used in the computation of any overtime for the pay period that the leave falls in unless the employee works in excess of 40 hours in the pay period without the calculation of the jury duty time. Section 2. If an employee is called for jury duty he/she shall promptly notify his/her immediate supervisor within five (5) days of receipt of the summons. Section 3. In the event a holiday shall occur during the period of the employee jury duty, he/she shall receive pay for such holiday at straight time. Section 4. The employee must provide the department director with proof of jury duty service, before compensation is approved. Section S. Payment for jury duty will be made as follows: A. JURY DUTY/WZTNESS FEES - All pay granted under this section must be approved by the City Manager. Leave with pay may be authorized in order that regular employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Human Resources Director. In order for the employee to receive their regular pay for such leave the employee must deposit the money which he/she receives for jury duty or as a witness with the City Finance Department for those days that coincide with his/her work schedule. Employees can keep only travel expense monies. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. S:ca\Collective Bargaining\White Collar CBA030700 version 35 ART~'CLE 18 -MAtNTENANCE OF COND]'T[ONS Except as provided herein, the status quo as it pertains to conditions shall remain in effect for the duration of this Agreement. Changes to rules and regulations which reflect standing policy, past practices, management rights, minor changes, and changes which do not impact on members of this unit may be made by the City upon notification to the Union. There is no non-salary (age or allowance) monetary benefit, except as set forth or incorporated by reference in this Agreement. S:ca\Collective Bargaining\White Collar CBA030700 version 36 ARTtCLE 19 - SENTORTTY Section 1. For the purpose of this Contract, "seniority" shall be defined as the employee's length of continuous service with the City of Boynton Beach beginning with his most recent date of hire The City and the Union recognize the value of an experienced work force and agree that an employee's seniority shall be considered, along with the needs of the city, when affecting decisions on vacations, promotions and shifts. ".lob seniority" will mean the employee's length of service within a particular classified job. S:ca\Collective Bargaining\White Collar CBA030700 version ~-~'~ '~' ~/L~' ~ o 37 ARTTCLE 20 - LAYOFF AND RECALL Section 1. Section 2. manner: Employees shall lose their seniority for the following reasons: Termination Retirement Resignation Layoff exceeding the period of recall Unexcused absences for three (3) or more days Failure to report intention of returning to work to the Human Resources Department, within five (5) days of receipt of recall, as verified by certified mail. Failure to report from military leave within the time prescribed Layoff and recall of employees shall be handled in the following a. The City Manager may lay-off any employees in the bargaining unit whenever such action is made necessary because of shortage of work or funds, the abolition of a position or changes in the work force. However, no regular employee shall be laid-off while there are employees with less seniority or temporary or part time or provisional or probationary employees in the same classification serving in the department where the lay-off occurs. b. Whenever a layoff of one or more employees becomes necessary the City Manager shall notify the Union at least two weeks in advance of the intended action and the reasons therefore. c. Such layoff will be made in reverse order of seniority within the_department. Senior laid-off employees of the department shall be able to displace (bump) junior department employees who are in any equivalent or lower classification for which the bumping employee is eligible for or for which he qualifies. d. Laid-off employees also shall have the right to accept the lay-off. In this connection, the laid-off employee shall have his name placed at the top of the eligibility list for any position which becomes open, and for which the employee is qualified. The S:ca\Collective Bargaining\White Collar CBA030700 version 41 ARTICLE 22 - RECRUITIqENT AND SELECTION POLICY In order for the City to be operationally competitive with other governmental entities as well as the private sector, the recruitment and retention of qualified employees is of paramount importance. To achieve maximum efficiency the City must have the flexibility to fill vacancies through either promotion or outside hiring. Vacant positions shall be filled in the best interests of the City through recruitment, selection, and promotion of employees on the basis of their qualifications and relative knowledge, abilities, and skills. BASIC REOUIREI~ENTS 1. The Human Resources Department is responsible for nondiscriminatory implementation of this policy. 2. Each department is responsible for assisting the Human Resources Department with recruitments, interviews, tentative selections, and recommendations for appointment. 3. The Human Resources Department has primary responsibility for hiring employees. All employment discussions are to be considered non- obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of employment that are made to an individual prior to obtaining all necessarily authorizations shall not be binding on the City. CURRENT PROCEDURES A. Applications and Interviews 1. Once the Human Resources Department has officially announced a job vacancy through the posting of a Job Opportunity, the official recruitment process has begun. The Human Resources Director may withdraw the recruitment process. 2. Individuals desiring consideration for employment must submit an Application for Employment Form, a letter of proposal, or a resume to Human Resources. Employees are encouraged to submit applications for promotional opportunities. All applicants submitting a resume and granted further consideration shall complete an Application for Employment at some point during the employment process. 3. Applications must be sighed and certified by the applicant. Falsification of any part of the Application for Employment or any related documents may upon discovery, lead to denial of an application or dismissal of the employee. Incomplete applications may be accepted but missing information must be obtained from or submitted by the applicant on request. 4. All applications and resumes received by departments must be forwarded to Human Resources. S:ca\Collective Bargaining\White Collar CBA030700 version 42 The Human Resources Department may accept applications for employment even when there are no current vacancies for a specified position. When a vacancy occurs, previously submitted applications and resumes on file in Human Resources may be considered in addition to all new applications and resumes received until the established closing date or until the vacancy is filled. Certain classifications may require applicable testing prior to being given consideration. Human Resources will administer tests required and ensure that passing scores are attained prior to forwarding an application to a department for consideration. a. Supplemental points will be added to the test scores: 1) Employees shall receive five (5) preference points for their veteran's status; 2) And one-fourth (1/4) point awarded for each year of continuous service employed by the City 8. The Human Resources Department shall advise the appropriate Department Head of the eligible applications. 9. Upon receipt of the eligible applications, the department should: a. Review and evaluate all applications and resumes based on, but not limited to, relative qualifications, knowledge, abilities, skills, education, experience, and certifications or licenses required in accordance with class specification. Veteran's Preference will be given in compliance with current legislation. b. In order for an applicant to be given further consideration, minimum requirements of that class specification must be met. Departments share responsibility for this aspect of selection. c. Prepare an interview schedule and conduct interviews. Human Resources may assist in scheduling, contacting, or co- interviewing of applicants at the request of the department. d. Determine who is most suitable for further consideration and proceed with additional interviews, if necessary. e. Prior to recommendation for employment, the department should determine that the applicant pool was sufficient. f. Prior to any offer or other similar indication of employment, all necessary steps as outlined in Section B must be satisfied. S:ca\Collective Bargaining\White Collar CBA030700 version 43 B. Selection, Reference Checks and the Recommendation Process 1. Once the interview process has revealed suitable applicants, the reference checks and screening steps should begin by the department. 2. Human Resources will coordinate additional form completion with the applicant and will conduct reference checks. Academic degrees, previous employers, character references, and all information provided on the Application for Employment will be subject to verification as needed. 3. Once the results of reference checks and screenings appear satisfactory, the department will be so notified in order that further consideration may continue. 4. The department may then recommend an applicant for employment and then submit the proper forms to Human Rescues for processing. If the Department Director proposes a salary which exceeds the minimum of the position's pay range, written justification must be included for consideration of the salary. 5. Upon receipt of a recommendation for employment and in conjunction with a tentative offer of employment, a pre-employment physical and drug test for the applicant is then scheduled. Medical examinations must be satisfactorily passed to determine fitness to perform the duties of the position. 6. After acceptance of an applicant's physical examination and drug test results, the Human Resources Director may proceed with the hiring process. 7. It is the City's intent to employ the most qualified applicant best suited for the position. Current employment with the City is a factor, but is not, in and of itself, determinative or controlling. C. Employment Acceptance 1. Employment acceptance must be made by the applicant within three (3) work days of the department's employment offer, unless otherwise extended by the Human Resources Director. If employment acceptance is declined, the department may consider another applicant from the recruitment's applicant pool, or the department may choose to begin a new recruitment. Employment Procedures shall be followed in either case. 2. The Human Resources Department must be notified by the department of the tentative hire date. Employee orientation will then be scheduled. New employees must provide proof of work eligibility and verification of identity to the City. Human Resources will process the necessary employee paperwork to the Finance Department for payroll purposes. 3. The Human Resources Department shall conduct a general orientation program for all new employees to explain the City's history and organization, to complete benefit program enrollments, and to stress the S:ca\Collective Bargaining\White Collar CBA030700 version use of safe work practices and customer service. the City's commitment to 44 excellent S:ca\Collective Bargaining\White Collar CBA030700 version 45 ARTICLE 23 - HOLTDAYS Section The following holidays shall be observed: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day affcer Thanksgiving Christmas Eve Christmas Day In addition, the employee may take his or her birthday with notice to their supervisor. Birthdays that fall on a weekend may be taken on Friday or Monday without prior notice. If taken the birthday will be charged as a vacation day. Holidays are not cumulative or interchangeable. Section 2. For each observed holiday, a full-time employee shall be entitled to eight (8) hours of pay at the employee's regular rate of pay, except where employees are normally scheduled to work a ten (10) hour day. In that case, they shall receive ten (10) hours of pay. In all events, where the employee is scheduled off for the holiday, the employee shall be paid straight time for not working that holiday. In the event that an employee is scheduled on during a holiday, the employee shall be paid their regular rate of pay for working the holiday (time and one-half) and shall be paid straight time for the holiday. Section 3. A full-time employee required to work and who actually works on an observed holiday shall receive time and one-half (1 1/2) their regular rate of pay for all hours worked in addition to that payment provided in Section 2. Section 4. Employees on vacation, annual military leave, jury duty, sick leave, funeral leave, and other absences from duty, but on active pay status on the day the holiday is observed must use the holiday on the same day that it is earned. Holidays that occur during vacation leave shall not be charged against such vacation leave. Section 5. Holidays falling on a Saturday shall be observed the preceding Friday. Holidays falling on Sunday shall be observed the following Monday. The City Manager has the authority to reschedule the holiday (Example New Years Day 2000). S:ca\Collective Bargaining\White Collar CBA030700 version ~7./~_~ .~-/~-~ C) 46 ARTt'CLE 24 - VACATTON Section 1. The following outlines the vacation leave policy for full time employees: Plan A: The following language and schedule apply to all full time employees with an employment date prior to October 1, 1991. Each full time employee shall earn vacation leave at the rate of one working day per month during the first year of service. Each employee shall, at the end of each year thereafter, be credited with additional vacation days (accumulated in hours) for each full year of continuous service as outlined in the chart below. The number of days/hours credited per year will not increase after the 21st year of service unless the included chart is amended. Employees on initial one year probation are not eligible to take vacation for the first six months. Vacation may be accrued in accordance with the following schedule: PLAN A VACAT1~ON ACCRUAL POL1~CY (Based on 40 hour work week) Years of Service. Vacation Hours Vacation Days 1 Year 12 96 2 Years 15 120 3 Years 15 120 4 Years 16 128 5 Years 17 136 6 Years 18 144 7 Years 19 152 8 Years 20 160 9 Years 21 168 10 Years 22 176 11 Years 22 176 12 Years 22 176 13 Years 22 176 14 Years 22 176 15 Years 22 176 16 Years 24 192 17 Years 24 192 18 Years 24 192 19 Years 24 192 S:ca\Collective Bargaining\White Collar CBA030700 version 47 20 Years 24 2! Years & After 25 200 Vacation leave may be taken as earned subject to the approval of the Department Head who shall schedule vacations so as to meet the operating requirements of the Department. Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October ! - September 30 may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that ( October 1 - September 30 ) period will be forfeited as of September 30. Plan B: The following language and schedule apply to all full time employees with an employment date of October 1, 199! and thereafter. Each full time employee shall earn vacation leave at the rates shown in the schedule outlined in this Section B. Each employee shall at the end of each year be credited with additional vacation days (accumulated in hours) for each full year of continuous service as noted in the chart below. The number of days/hours credited per year will not increase after the 20th year of service unless the schedule is amended. Employees on their initial one-year probation are not eligible to take vacation for the first six months of employment. Vacation may be accrued in accordance with the following schedule: PLAN B VACATi'ON ACCRUAL POLICY (Based on 40 hour work week) Years of Service Vacation Hours Vacation Days I Year 2 Years but less than 5 5 Years but less than 10 10 Years but less than 20 6 48 12 96 15 120 17 136 20 Years and after 20 160 S:ca\Collective Bargaining\White Collar CBA030700 version 48 ARTICLE 25 - WAGES Section 1. All employees in the bargaining unit shall, upon ratification of this Agreement, first have their job titles, job descriptions, and wage ranges changed to reflect the DMG Study hereinafter referred to as City Pay Plan) . Upgrades shall be retroactive to October 1, 1999. However, no bargaining unit employee's wage rates shall be reduced by this action and all current salaries shall be red circled and protected In addition, all employees except communications dispatchers shall receive a bonus of .005% based on their the pay plan mid- range salary, times years of service, retroactive to October 1, 1999. The bonus may not exceed $2,500.00 per employee. Employees who are below the mid- range shall have the bonus applied to their hourly wages. Employees above the mid-range shall receive their bonus in a one-time lump sum payment check. All bonus checks shall be pensionable. All employees, including communications dispatachers, shall, on their anniversary date, and after receiving a satisfactory performance evaluation, shall receive a 4% base wage increase, retroactive to October 1, 1999. Such increase shall be given even if it causes his/her salary to go beyond the range maximum. Within thirty days of ratification, a committee shall be formed, which shall include three representatives from the union and three representatives from management. The purpose of the committee shall be to address concerns relative to the revised job descriptions, duties, salary ranges, classifications, etc., which employees may bring forth to the committee. Should the parties be unable to reach a jointly satisfactory solution to the employees' issues, the employees' issues shall become the subject of the collective bargaining process for a successor contract. Section 2. The City and the Union agree to exceptions to the City's pay plan wage ranges for the job classifications listed in attached APPENDIXES A and B. S:ca\Collective Bargaining\White Collar CBA030700 version 49 ARTTCLE 26 - SAFETY AND HEALTH Section :t. The City shall comply with all State and Federal regulations pertaining to the occupational safety of the members of this bargaining unit. The City has and will maintain a safe and healthy working environment for bargaining unit employees. Section 2. Employees in classifications/positions where it is warranted, will receive safety shoes/boots/glasses on an annual basis, in the same manner as currently being provided by the City Management. Section 3. The City shall make available immunization shots for tetanus, hepatitis, and diphtheria for all members of the bargaining unit as requested on a voluntary basis. S:ca\Collective Bargaining\White Collar CBA030700 version ~ :~--/~-c> o 50 ARTI'CLE 27 - GENERAL PROVt'SI'ON Section 1. The City and the Union agrees to Share in the cost of reproducing this Agreement. The City will make the Agreement available on the City's Shared Drive. Section 2. Except in the case of negligence or misuse all employees requested to furnish tools for their job shall receive replacement tools for tools broken in performance of the City's work provided they furnish the City with a list of their personal tools approved by their department head. Employees who are assigned City-provided tools, materials and items of value to perform their job, and who lose those tools, materials and items of value, shall be responsible for replacing those lost tools, materials and items of value. Tools stolen from their assigned City-owned vehicle or City property shall be replaced by the City, if there was no negligence in their loss. In the event that the employee was negligent, the employee shall be responsible for the replacement of the stolen tools. Section 3. The City shall pay the total medical, hospitalization, and dental insurance premium for all regular employees. The employees will pay the full cost of medical, hospitalization and dental insurance for their dependents. Existing, or comparable coverage with no decrease in benefits shall remain in effect for the duration of this Agreement; however, in the event that the City can provide for alternative equivalent benefit options for employees, at no additional cost to the employee, then the health insurance coverage for the employee and their dependents may be amended from time to time. Section 4. The employee shall be allowed to place written refutations and or responses into their personnel file and/or departmental work file when those refutations or responses relate to material placed into the personnel file which has been prepared by supervisors. Section 5. The City's Human Resources Department maintains a personnel file for all City employees. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his/her own personnel records and shall have the right to make duplicate copies of his/her records at no expense. The City may destroy personnel files in accordance with appropriate Florida State Statutes. The employee file maintained by the Human Resources Department shall be the official file for each employee. Disciplinary actions older than a two (2) year time frame shall not be referred to or considered in any current disciplinary action. Section 6. The City will provide reimbursement for tuition and books for any full time non-probationary employee who chooses to obtain a High School S:ca\Collective Bargaining\White Collar CBA030700 version 51 degree, G.E.D. or equivalent, or who chooses to attend an accredited college or university. Except for enrollment in a G.E.D. or High School Equivalency program, employees meeting this criteria will initially pay for tuition and books, and be reimbursed by the City upon presentation of documented completion of the course. The employee who attains a grade of "A" or better will receive 100% reimbursement; a grade of "B" or better, 75% reimbursement; or a grade of "C" or better, 50% reimbursement of the tuition and books for the course. In the event that the course is a mandatory pass/fail course, a grade of"passing" shall be treated the same as a "B". Employees will receive no compensation for a grade below "C". Employees who wish to enroll in a G.E.D. or High School Equivalency program may, upon the submission of appropriate registration materials, be advanced by the Finance Department, a check for the cost of registration and books. Courses must lead to a degree in the field of discipline that may enhance the member's performance in any City position. The committee to review the validity of the course and degree program for which the reimbursement is applied will be made up of the employee's Department Head, Human Resources and Finance Directors or their designees. Approval for participation in the reimbursement program must be made prior to enrolling in the course. The committee will forward the recommendation to the City Manager who will have the final approval for payment. Employees are eligible for a maximum of $750 per fiscal year on a first come first serve basis, but in no case will reimbursement funds be approved that exceed the budgeted allowance. This benefit will not be retroactive and will only cover classes taken in the fiscal year applied for. Section 7. For the term of this agreement, employees who are required to wear uniforms shall receive the same number of uniform pieces allocated to them prior to the ratification of the agreement. The cost of the uniforms shall be borne by the City. ~.~.j~_~ S:ca\Collective Bargaining\White Collar CBA030700 version 52 ARTI'CLE 28 - SAVI*NGS CLAUSE Section 1. If any article or section of this Agreement should be found invalid, unlawful or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. 53 ARTt'CLE 29 - DUES DEDUCTt'ON Section 1. For all union business, employees covered by this Agreement should first contact their Union Steward. Employees covered by this Agreement may on the prescribed form, authorize payroll deductions for the purpose of paying Local 1227 dues deductions. Employees shall receive copies of the form from their Union Steward or the Union's office. Section 2. The Union will notify the City as to the amount of Union dues deductions. Such notification will be certified to the City in writing over the signature of an authorized officer of the Union. Changes in Union membership dues will be similarly certified to the City and shall be done at least one (1) month in advance of the effective date of such change. To revoke the payment of Union dues, the employee shall go to the Union office and Union staff shall prepare and mail an employee signed notice of such change to the City's Finance Department. Section 3. Dues shall be deducted each pay period and remitted monthly and the funds shall be remitted along with a list of employees contributing to the Treasurer of Local 1227 within fifteen (15) days after the end of the month. The Union will indemnify, defend and hold the City harmless against any claims made or suits instituted against the City on account of payroll deduction of Union dues. Section 4. For the purpose of putting this Article into effect, the Union will furnish forms for such individual authorization. S:ca\Collective Bargaining\White Collar CBA030700 version 54 ARTI'CLE 30 - PENSt'ON Employees will continue to participate in the current employees pension plan of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety, upon request from the Union. S:ca\Collective Bargaining\White Collar CBA030700 version 55 ARTZCLE 31 - DURATZON Section 1. This Agreement shall become effective on ratification by both parties as prescribed by Chapter 447, Florida Statutes, retroactive to October 1999, and remain in full force and effect until September 30, 2000. Either party shall notify the other in writing not prior to April 15, , 2000, expressing a desire to negotiate a new collective bargaining agreement. If not notified by April 15, 2000 the current contract language shall remain in full force and effect until the next fiscal year. Initial proposal and negotiations shall commence within sixty (60) days from receipt of notice by either party. S:ca\Collective Bargaining\White Collar CBA030700 version 56 ARTZCLE 32 - PROBATIONARY PERIOD Section :~. All newly hired or rehired employees shall be subject to a probationary period of I year. Section 2. All promoted employees shall be subject to a probationary period of 6 months. S:ca\Collective Bargaining\White Collar CBA030700 version 57 ARTI'CLE 33 - LONGEVITY BENEFt'TS PURPOSE 'Fo provide benefit incentives to long-term employees, giving recognition for continuous and meritorious service. Longevity benefits are available within these guidelines. ELZGt'BZLITY Employees eligible are those employees who: a) have been employed with the City on a regular full-time and continuous basis for a minimum of five (5) years, b) have an over "MEETS STANDARDS" or above rating on the previous employee evaluation. BENEFIT Employees will receive a cash Lump Sum Bonus as follows: On the employees fifth (5t~) anniversary a lump sum payment of $500.00 On the employees tenth (10th) anniversary a lump sum payment of $1,000.00 On the employees fifteenth (15th) anniversary a lump sum payment of $1,500.00 On the employees twentieth (20th) anniversary a lump sum payment of $2,000.00 PROCEDURES Any pay earned for Longevity Benefits is subject to required federal deductions. Each Department Director is responsible for projecting the number of employees eligible for Longevity Benefits in their department and budget accordingly for each fiscal year. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment prior to their to their hire anniversary date will not be entitled to benefits. S:ca\Collective Bargaining\White Collar CBA030700 version 58 ARTTCLE 34 - BONUS ZNCREASES In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of $500.00 when such a bonus is justified, in writing, on the prescribed forms by the Department Head. This bonus will not affect the employees pay grade and step. Funds for the bonus will be budgeted as a separate allowance and administered under the direct control of the City Manager. Employees are not automatically entitled to bonus money and only one bonus will be allowed to an employee in a fiscal year. This approach is a system where top performance can be recognized by the immediate supervisor and prompt rewards can be made at the discretion of the supervisor provided the department head concurs. This top performance must be substantiated by the supervisor and the Department Head using the prescribed forms furnished by the City Manager. S:ca\Collective Bargaining\White Collar CBA030700 version 59 ARTI'CLE 35 - CTTY MANAGER t'NCENTt'VE PROGRAM All submittals for incentives must be done as part of a team and the submittal must be approved by the team's supervisor. The pool for funding this program will be limited to $15,000.00 per fiscal year and the amount of any single program will be limited to $1,000.00 Employees are encouraged to be as creative as possible, while at the same time keeping the effort simple. Incentive payments will be considered for the following type of activities (although they are not limited to just these type of activities): Customer service improvements. Cost efficiencies (savings). Improvements in operations. Productivity enhancements. Expanding hours of operations. Doing work in-house rather than engaging a consultant. Incentive applications will be accepted by the City Manager's office, commencing September 30th of each year, for award at the last City Commission meeting in December. S:ca\Collective Bargaining\White Collar CBA030700 version 60 ARTICLE 36 - BONUS DAYS ~NTENT The intent of this Article is to establish a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. ACCRUAL All full time City employees covered by this policy are eligible to receive on bonus day for continuous attendance at work at the completion of each calendar quarter that the employee 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 this document. Bonus days shall be counted as vacation leave and sub.~ect to the provision set forth for use of vacation. S:ca\Collective Bargaining\White Collar CBA030700 version 61 ARTt'CLE 37 - MANAGEMENT RZGHTS Section 1. Except -- and only to the extent -- that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain, the right to organize, plan, direct, control, operate and manage its affairs and those of its employees in whatever manner it deems appropriate in each and every respect. The parties to this Agreement hereby agree that, in construing this section, the legal principle that "the expression of one item is the exclusion of another" shall not apply. Rather, full effect shall be given to the intention of the parties that management shall retain all constitutional, ordinance, inherent, common law, or other rights except to the extent specific provisions of this Agreement expressly provide otherwise. The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects; and the powers and authority which the City has not abridged, delegated or modified by this Agreement are retained by the City. The rights reserved to the sole discretion of the City shall include, but are not limited to, the right: A. To determine the purpose and mission of the City and all its employees, to determine the amount of budget to be adopted, and to exercise control and discretion over the organization and operation of the City in all respects including the right to determine whether goods or services are to be made, provided or purchased and to decide the design and maintenance of the departments, facilities, supplies and equipment. B. To maintain economic stability. C. To change or eliminate existing methods of operation, equipment, or facilities and to adopt and implement technological changes or improvements including, but not limited to, vehicles, and all other materials or supplies. D.To determine the methods, income and personnel by which such operations are to be conducted. E. To select, hire, test, classify, promote, train, assign, retain, evaluate, lay- off, schedule, and determine the qualifications of all employees. F. To suspend, demote, discharge, reprimand, or take other disciplinary action against employees for just cause. G. To determine the organization of City government. H. To determine the purpose and extent of each of its constituents, departments and positions therein. S:ca\Collective Bargaining\White Collar CBA030700 version 62 1. TO set standards for service to be offered to the public, and standards for the performance of duties of job assignments. .1. To manage and direct the work of the employees of the City, including the right to assign work and overtime as provided herein. K. To establish, determine, implement and maintain effective internal security practices. L. To determine the number, type and grades of positions or employees assigned to an organizational unit, department or project. M. To determine lunch, rest periods, and clean-up times, the starting and quitting time, and the number of hours to be worked. Work schedules will be posted, and will not be altered in the midst of normal pay periods as provided herein. N. To adopt or enforce cost or general improvement programs. O. In a civil emergency, to use personnel in any lawful manner. Section 2. If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, tornado, or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency as long as employees remain in a pay status. S:ca\Collective Bargaining\White Collar CBA030700 version 63 Agreed to this 2/ day of ~c~ , X9 ~, by and between the respective parties through the authorized representatives of the Union and the City. NATrONAL CONFERENCE OF F1'REMEN & OZLERS, SE1'U AFL-CI'O, CLC ~itness /Witness Local 12~7 ~' CTTY OF BOYNTON BEACH · / Witness Mayor Witness ~- ATTEST: Witness Cig/Clerk APPROVED A~ TO FOI~M CiL~'~orney S:ca\Collective Bargaining\White Collar CBA030700 version C~ Date ratified by Commission: Date ratified by Union: 64 S:ca\Collective Bargaining\White Collar CBA030700 version 65 APPENDIX A POSITION WAGE RANGE Police Records Clerk $21,635 - $32,453 Building Inspector Plumbing/Mechanical Inspector Electrical Inspector Fire Inspector Plan Review Analyst Plans Review Technician $30,349 -$45,534 Senior Building Inspector Senior Senior Senior Planner Economic Research Analyst $32,528 - $48,792 S:ca\Collective Bargaining\White Collar CBA030700 version ~-'~'_-q-l'~ .-o o 66 Date ratified by Union: APPENDt'X B COMMUNI'CATt'ONS Dt'SPATCHERS WAGE ADJUSTMENTS AND NEW WAGE RANGES EMPLOYEE NEW SALARY AD3USTMENT K.Williams $31,678. $3,889 M.Principe $30,908 $4,430 L.Muth $30,908 $4,430 T.]ada $30,908 $5,449 S.McCrery $28,704 $4,804 T. McSweeney $28,704 $4,555 R.Bean $26,645 $4,555 M.Sweet $26,645 $4,555 B.Powell $23,712 $3,723 M.Farino-Ruiz $23,192 $3,203 E.Stevens $23,192 $3,203 L.Rogers $23,192 $3,203 A.Pack $22,360 $2,371 ].Mule $22,360 New K.Gilmore $22,360 New S:ca\Collective Bargaining\White Collar CBA030700 version RESOLUTION R OO-.~t.~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE CONTRACT BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL I227 (WHITE COLLAR BARGAINING UNIT) FOR THE PERIOD FROM OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2000, 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 NATIONAL CONFERENCE OF FIREMEN & Bargaining Unit) contract; and OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (White Collar have successfully concluded negotiations for a one year WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; and WHERF. A~, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Agreement and execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Beynton Beach, Florida does hereby ratify the Agreement between the City of Beynton Beach and the NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (White Collar Bargaining Unit) for the period of October 1, 1999 through September 30, 2000, and authorizing and directing the Mayor and City Clerk to axecute the Agreement, a copy of said agreement being attached hereto as Exhibit "A". Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this of/ day of March, 2000. OF OY O SC,, OR, DA Vice Mayor Commissioner Commissioner