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R05-073 RO&-Oì3 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND POLICE LIEUTENANTS POLICE BENEVOLENT ASSOCIATION October 1, 2004-September 30,2007 Je 1(~6J~ ( J TABLE OF CONTENTS Article Page Preamble.................................... . 4 1 Recognition................................. . 5 2 No Strike or Lock-Out........................ 6 3 Non Discrimination........................... 8 4 Dues Deduction............................... 9 5 Union Time Pool.............................. 10 6 PBA Representation........................... 11 7 Bulletin Boards.............................. 13 8 Information Requests/Reproduction.. 14 9 Rights of Lieutenants Under Investigation.... 15 10 Legal Benefit.. ............................. 16 11 Management Rights............................ 17 12 Discipline and Discharge..................... 19 13 Subcontracting.............................. . 20 14 Rate of Pay................. ................. 21 15 On Duty Injuries............................. 22 16 Call Back Pay................................ 23 17 Bereavement Leave............................ 24 18 Sick Leave................................... 25 19 Vacation.................................... . 28 20 Holidays.................................... . 31 21 Funeral Expenses............................. 33 22 Medical Expenses............................. 34 23 Uniforms.................................... . 35 24 Training.................................... . 37 25 Personnel Records............................ 38 26 Solicitations............................... . 40 27 Safety and Health............................ 41 28 Use of City Facilities....................... 42 29 Hours of Work and Overtime................... 43 30 Shift Selection... ........................ ... 44 31 Seniority................................... . 45 32 Transfers and Shift Changes.................. 46 4~f1~k~ é~ ..=1/ lty Union 2 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc 33 Group Insurance.............................. 47 34 Tuition Reimbursement........................ 49 35 Departmental Policies, Rules & Regulations... 51 36 Off Duty Police Employment................... 52 37 Grievance and Arbitration Procedures......... 53 38 Past Practices............................... 58 39 Personal Vehicles............................ 59 40 Promotions.................................. . 60 41 Savings Clause....... ........... ............. 61 42 Temporary Assignment......................... 62 43 Chemical Testing............................. 63 44 Entire Agreement ............................... 64 45 Duration of Agreement........................ 65 46 Reopener. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 47 Starting Salary........................... 67 48 Longevity Pay........................... 68 Signature................................... . 69 kg Þ/bù( () \ ~ . . --- \ City Union 3 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc 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 Police Benevolent Association , hereinafter referred to as the "PBA " or the "Union". It is the intent and purpose of this Agreement to create a sound and mutually beneficial working and economic relationship between the parties hereto; to provide an orderly, prompt, and peaceful means of resolving disputes involving interpretation or application of this Agreement; and to set forth basic and full agreement between the parties concerning wages, hours, terms and conditions of employment. iß 4 );Jo\oC EW City Union 4 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 1 RECOGNITION Section 1. The City of Boynton Beach hereby recognizes the PBA as the exclusive collective bargaining agent with respect to wages, hours and other terms and conditions of employment for all employees in the bargaining unit. Section 2. The bargaining unit for which this recognition is accorded is as defined in the certification granted by the Public Employees Relations Commission and comprises all full-time police lieutenants, except those lieutenants assigned as the public information officer with the City of Boynton Beach. Excluded are all other employees ofthe City. $ t('1O\o ( ~ City Union 5 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 2 NO STRIKE OR LOCK-OUT Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Lieutenants from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Lieutenants from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. Section 2. Neither the Union, nor any of its officers, agent and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. Section 3. Each Lieutenant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition in Florida Statutes 447.505 and the Constitution ofthe State of Florida, Article 1, Section 6. Accordingly, the Union, its officers, stewards and others responsible to maintain compliance with this Article and the law, including their responsibility to abide by the provisions ofthis Article and the law by remaining at work during any interruption which may be initiated by others; and their X~ 1 (:~.o 0 " Abt) City - Union 6 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc responsibility in the event of breach of this Article or the law by other employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4. Any or all Lieutenants who violate any provisions of the law prohibiting strikes of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall not be grievable or arbitrable under the provisions of Article 37 Grievance and Arbitration Procedures. \L~ t1 \ J-o \() ~ f~) City Union 7 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 3 NON-DISCRIMINATION Section 1. It is agreed that no employee shall be discriminated against, as prescribed by State or Federal laws, in their employment because of race, creed, color, sex, age, national origin, marital status, physical handicap or membership or non-membership in the Union. Section 2. Any claim of discrimination by an employee under this Article may be brought with the appropriate governmental agency, but may not be grieved under this Agreement. Section 3. The Union shall not discriminate against any bargaining unit member who fails to join the Union. Section 4. The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall workjointly to eliminate discriminatory conduct in the work place. To that end, the City and the Union agree that bargaining unit members have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. JÆ t-{("){)!6 f' ~~ City Union 8 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 4 DUES DEDUCTION Section 1. Any employee covered by this Agreement may authorize a payroll deduction for the purposes of paying Union dues. Such authorization shall become effective upon acceptance by the City of a fully executed dues deduction form from the employee. Employees who are currently members of the bargaining unit need not execute a new dues authorization card. Section 2. The Union will notify the City as to the amount of dues. Such notification to the City shall be from an official of the Union. Changes in Union membership dues will be certified to the City at least thirty (30) days prior to the effective date of the change. Section 3. Dues will be deducted each pay period and such monies shall be remitted to the Union treasurer or designee once per month, not later than fourteen days after the end ofthe month. Section 4. The effective date of deducting dues shall be the beginning of the pay period following the day the dues deduction form is signed. The effective date for stopping dues deduction shall be at the beginning ofthe pay period thirty (30) days following the date the revocation form is received by the City. Section 5. The Union will indemnify and hold harmless the City against any claims brought against the City based on payroll deductions of dues as provided in this Article. XG .tJ /-70\v( ~.~. . I -~ City Union 9 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 5 UNION TIME POOL Section 1. The City shall create a time pool of ninety-six (96) hours for utilization by designated union representatives for the conduct of union business within and outside ofthe City. The use of the time pool shall be limited to activity by the union representatives for the following: A. to assist a bargaining unit member who is required to appear at a hearing related to a gnevance; B. to assist a bargaining unit member who is presenting or responding to a grievance; C. to assist a bargaining unit member who is subject to interrogation in conjunction with an internal affairs investigation; and D. to assist a bargaining unit member at a pre-determination hearing. E. Unit members must use time pool if 15 minutes or more is required. Section 2. In addition, members ofthe bargaining unit may donate vacation time in two (2) hour increments, (on a form designated by the City) not to exceed eight (8) hours each per year to the Union Time Pool. Section 3. Union representatives shall be released from duty upon reasonable notice to the Department and upon the approval of the division commander. If the needs of the Department do not permit the release of a particular employee as requested, the release of an alternative member during the desired time shall be provided. .2~ 4610\ ~ City Union 10 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 6 PBA REPRESENTATION Section 1. Neither party in negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. The parties shall, at their first bargaining session, exchange a list of bargaining team members. Section 2. The City shall recognize up to two (2) PBA representatives for the purposes of bargaining and any bargaining team members shall be permitted to attend bargaining sessions which may occur during their regular tours of duty without any loss of pay. The City shall not be required to provide overtime to any employee attending negotiations. Section 3. The parties agree that the PBA may establish a system of stewards providing for a chief steward and an individual steward on each shift and division represented by the bargaining unit. Stewards on duty shall be permitted reasonable release time with pay upon approval of the division commander for the purpose of processing any individual grievance or assisting employees at investigatory or disciplinary interviews. Section 4. When acting in their capacity as PBA representatives within the Department and not on behalf of themselves, employees shall not be obligated to observe the departmental chain of command. A representative may not refer an issue outside ofthe department without first presenting it to a senior staff officer. This shall not relieve employees from observing the departmental chain of ~ 11¡bf~<: 'EEÞ City Union 11 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc command except for receiving approval of release time with regard to their duty-related activities, notwithstanding their position as an PBA representative. iß Lf( 2{;loC ~.~~ City Union 12 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 7 BULLETIN BOARDS Section 1. The Union shall be provided with the use of a Lieutenant's Union bulletin board space at one (1) location in the police building. Section 2. The Union agrees that it shall use the space on the bulletin boards only for the purposes of posting notices of Union meetings; notices and results of Union elections; reports of Union committees; rulings or policies ofthe Union; recreational and social affairs ofthe Union, and notices by public bodies. U Jf(ÃJ\O':- c£3i~J City Union 13 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 8 INFORMATION REQUESTS/REPRODUCTION Section 1. The City agrees to furnish to the Union president or designee, upon request at City cost, documents such as agendas, minutes, financial reports, etc., of the retirement fund, City Commission, and any other body of the City whose activities may impact on terms and conditions of employment of bargaining unit members. Access to any other records shall be governed by Florida Statutes, Chapter 119. \lß .'I\~ \ì" ~ City Union 14 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 9 RIGHTS OF LIEUTENANTS UNDER INVESTIGATION Section 1. The City of Boynton Beach agrees that all rights due Law Enforcement Officers under investigation detailed and granted by the Florida Statutes, Section 112.532, 112.533, 112.534 will be observed and practiced. ~ß ~(bo$Ç ~' ·.>~\_L City Unlon 15 S:\CA\ColJective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 10 LEGAL BENEFIT Section 1. The City agrees to abide by the provisions of Florida Statutes Sections 111.065, 111.07 and 768.28, in providing a legal defense or reimbursement for legal services to employees charged in criminal or civil actions arising out of the course and scope of their employment; provided, however, that the City shall not be required to pay a judgment when it has been established that the employee was engaged in conduct outside the scope of his /her employment. 6=:--' ¥ ß 1 \2$\ 0' . ..'~-~\ City Union 16 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 11 MANAGEMENT RIGHTS Section 1. The Union recognizes that the City has the exclusive right to manage and direct the Police Department. Specifically, but not by way oflimitation, the City retains the exclusive right to: A. Hire, promote, and layoff employees in accordance with the City of Boynton Beach Personnel Policy Manual. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. D. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be performed by employees. G. Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement. H. Introduce new services, procedures, materials, facilities and equipment. 1. Mandate physical, medical, and drug and alcohol testing in accordance with law. The City agrees to use State Certified Laboratories for all drug testing. Drug and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retesting shall be as set forth in Florida Administrative Code and the Drug Free Workplace Policy adopted by the City of Boynton Beach. Random selection shall be by computer generated selection, by an outside entity. J. Determine and change the equipment and materials provided to or not provided to employees. ~ß J.j (~G\: ~~~A" (?~ T ,.~ City Union 17 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc K. Add to or change the qualifications necessary for any job classification. L. Create, alter or disband any units based upon the needs of the Department as determined by the Police Chief. Ifthe City fails to exercise anyone or more ofthe above functions from time to time it shall not be deemed a waiver ofthe City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. In the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented prior to resolution of the impact bargaining. Y-ß 1 \ Þo\oZ ..~::.=~ .~~ ' ~"'" City Union 18 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 12 DISCIPLINE AND DISCHARGE Section 1. Employees may be disciplined only for just cause. No employee shall be disciplined without notice of the charges setting forth the basis for such discipline. Section 2. Employees shall have the opportunity to appeal said disciplinary action in the manner set forth in Article 37 of this Agreement. Section 3. The parties recognize that timeliness of disciplinary action is an essential element of due process. Accordingly, no employee shall be subjected to disciplinary action unless a final disciplinary recommendation is made by the Police Chief within fourteen (14) days of the Chiefs determination of the conclusion of the investigation. Section 4. No employee shall be subject to demotion, termination, or a suspension without pay of two days or more without first being afforded the right to a predetermination conference with the City Manager. j¿~ t.f\ )0\ 1>\ //W C¡~--F' 'j } .~' / .', .->" City Union 19 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 13 SUBCONTRACTING There shall be no subcontracting for the life of this Agreement. ¥'-~ ~(7óh" ~~ .,,1¿ City Union 20 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 14 RATE OF PAY Section 1 On October 1, 2004 each Bargaining Unit member will receive a 3% base wage increase in salary, contingent upon a satisfactory performance evaluation. Section 2. Effective April 1 , 2005, each Bargaining Unit Member will receive a 5% base wage increase in salary, contingent on a satisfactory performance evaluation. Section 3. Effective October 1, 2005 each bargaining unit member will receive a 3% base wage Increase. Section 4. Effective April 1, 2006, each Bargaining Unit Member will receive a 5% base wage increase in salary, contingent on a satisfactory performance evaluation. Section 5. Effective October 1,2006 each bargaining unit member will receive a 3% base wage Increase. Section 6. Effective April 1, 2007, each Bargaining Unit Member will receive a 5% base wage increase in salary, contingent on a satisfactory performance evaluation. Section 7 Only those Bargaining Unit Members who are employed by the City on the date of payments referenced above are eligible for the adjustment. Y-fl:> 4(70\t)~ t51--~ .=;?3W City Union 21 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 15 ON-DUTY INJURIES Section 1. When an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Workers' Compensation Act, the employee shall be entitled to full regular pay. If the period of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal to the difference between his/her Workers' Compensation check and his/her normal net take home pay. Section 2. If the period of disability is greater than 180 days, the City may ask the Police Pension Board to review said employee's disability case for retirement due to disability. Section 3. After 180 days of disability, the employee shall be examined by a physician selected and compensated by the City to determine the likelihood of recovery. Ifthe medical report indicates a likelihood of recovery, 180 days of additional leave may be granted and shall be made up from the affected employee's unused accrual time on the books. Ifthe affected employee has no time on the books, other employees may donate any accrual time to the affected employee. Ifthe medical report Ìndicates the employee is permanently and totally disabled as a police officer, the City shall be authorized to terminate the employee for physical inability to perform. Section 4. The City shall have no obligation to establish light duty police work for employees disabled in the line of duty, if such work is not operationally or fiscally justifiable. ~ 1L291 ð\ «;-::~ \...," ' ;,.--/ - ....- City Union 22 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 16 CALL-BACK PAY Section 1. The Union and City agree that each Bargaining Unit member is an exempt status employee under FLSA, not eligible for overtime payments. Section 2. Employees will be called back to duty on the basis of seniority in the rank of lieutenant. V-ß ¿.(( 201 0 \: ð3i City UIÏ'ióh 23 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 17 BEREA VEMENT LEAVE Section 1. In the event of the death of the parent, foster parent, sibling, spouse, child, grandparent, grandchild, mother or father-in-law, sister or brother-in-law, grandparents of spouse or domestic partner whose name must be on file with the Department of Human Resources ofthe City and any permanent family member of the household such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive calendar days for anyone death. However, if it is necessary for the employee to leave the State of Florida in connection with the funeral ofthe deceased, five (5) consecutive calendar days compassionate leave shall be allowed. Additionalleave may be authorized by the Chief or his/her designee on a case-by-case basis, except that such additional leave shall be debited against the employee's accrued sick or annual leave. Section 2. Employees must verify in writing attendance at out-of-state funeral in order to be eligible for benefits under this Article. The City Manager may grant additional leave under this Section, except that such additional leave shall be debited against the employee's accrued sick or annual leave. V ß ~1I )0\ 0\ ~ City Union 24 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 18 SICK LEAVE Section 1. Employees shall earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave shall be in accordance with the Personnel Policy Manual. Bargaining unit members (or their beneficiaries in case of death) hired prior to October 1, 1991 and are regular employees, shall be paid for unused sick leave at the rate of 50% upon resignation, retirement or death. (Retirement shall include normal retirement disability retirement or early retirement as defined in the appropriate pension plan). Bargaining unit members hired after October 1, 1991 and who are regular employees will have payment made for unused sick leave at the rate specified in the table below, upon resigning in good standing, retirement or death: Continuous Years of Service Percent of Accumulated Sick Less than 5 full years 0% More than 5 full years, but less than 10 full years 10% More than 10 full years, but less than 15 full years 15% More than 15 full years, but less than 20 full years 20% Upon retirement from City Service 30% (Retirement shall include normal retirement disability retirement or early retirement as defined in the appropriate Pension Plan.) Bargaining Unit Members who have elected to enter into the D.R.O.P plan shall receive sick leave benefits as set forth in Ordinance 00-33, which established the D.R.O.P Y-ô 4o\oi: ~ City Union 25 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc plan. Section 2. Employees who have more than one-hundred-twenty (120) hours of sick leave as of October 1, of any contract year, may convert 50% ofthe excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in the contract year. Those hours over one hundred twenty (120) hours not converted in this contract year may be converted in the next contract year. Section 3. It shall be the policy ofthe City to permit an employee the opportunity to donate accrued sick leave time to a designated employee, provided the contributing employee has 120 hours accrued sick leave, whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the designated employee has exhausted all accrued sick leave. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. When there appears to be a need to share sick leave in accordance with this Article, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirming through the Finance Department that the hours are available. Such list shall be submitted to the Payroll Administrator for proper charge to sick leave records. The time charged will be used in the order listed on appropriate form supplied by the Union Steward. Section 4. Sick leave usage for medical appointment can be scheduled more than 48 hours in advance and cannot be changed by the Department except in the event of a clear need by the .\Lß 1 b ~ vC Ö~~) City Union 26 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc Department. Section 5. No member shall be placed on restricted sick leave prior to being counseled by the division commander informing the member of the reasons and allowing them an opportunity to explain the situation. If after counseling a problem continues, the member will be notified in writing and placed on restricted sick leave. A member will be on Sick leave for a period of six (6) months. At the end of six months, the member will be advised in writing if the Department intends on extending the restricted sick leave. Section 6. At the employee's option, the employee may convert excess sick time as defined in accordance with Section 2 to vacation time not to exceed forty (40) hours, to be transacted in the first month of the calendar year. Section 7. All Bargaining Unit members are eligible to receive one "Bonus Day" for continuous attendance at work at the completion of each calendar quarter that the member has not used sick time during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in the PPM. Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. Section 8. Those members scheduled to work an 11.5-hour shift who are granted sick time, shall only have their sick time accrual charged a maximum of 8-hours for the day. x'B ~d "20\ 0' ~~~! City Unlon 27 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective B~rgaing\Lts final clean 2004 - 200S.doc ARTICLE 19 VACATION Section 1. Vacation shall be accrued in accordance with the Personnel Policy Manual, as follows: Years of Service Vacation Hours Per Year 1 96 2-3 120 4 128 5 136 6 144 7 152 8 160 9 168 10 - 15 176 16 - 20 192 21 and above 200 Employees may accrue vacation leave to a maximum of the level earned in the most recent two employment years. However, any amount over the allowable maximum that has not been used during that fiscal year (October 1 - September 30) will be forfeited as of September 30. ~t3 tbl)l~\ ~~ City Union 28 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc Section 2. Seniority will prevail in the granting of vacations. Section 3. Vacation requests may be submitted from forty-eight (48) hours to thirty (30) days in advance. In the event of dual requests for vacation dates, the senior member's request shall prevail if it was submitted twenty-one (21) days prior to the date or dates requested. Vacations of three (3) days or less may be made within twenty-four (24) hours advance notice, provided that the City incurs no overtime in the granting of such request. Those members scheduled to work an 11.5-hour shift who are granted vacation, shall only have their vacation accrual charged a maximum of 8-hours for the day. Section 4. Requests for emergency vacation leave shall be individually considered by the Chief of Police. Section 5. Management reserves the right to approve or deny vacation leave based upon the operational needs ofthe department. Vacation privileges shall not be suspended or canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined in this Agreement. The exercise of management's rights under this Section shall not be arbitrary or capnclOUS. Section 6. All Lieutenants shall receive, in addition to the existing vacation accruals, - 60 hours of personal time per contract year, which may be used in four hour increments (non-accumulative and cannot create an overtime situation). The 60 hours of personal time per contract year are not accruable and must be used within each contract year. \4) ~{bti' 0\ G~ City Union 29 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004- 200S.doc · Those members scheduled to work an 11.5-hour shift who are granted personal time, shall only have their personal time accrual charged 8-hours for the day, only when personal time is taken in 8 hour increments. ~ Jf( ;)610, ~} City Union 30 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 20 HOLIDAYS Section 1. Holidays will be defined as the below dates: 1. New Year's Day 2. Martin Luther King Jr., Day 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day After Thanksgiving 10. Christmas Eve 11. Christmas Day Section 2. Members of the Bargaining Unit not assigned to road patrol shall not work on Holidays, unless an emergency situation is declared by the City Manager or his/her designee or in cases where the Chief of Police or on-call Staff Duty Officer determines that the presence of a Lieutenant is required for a specific function or investigation. If a Lieutenant is assigned to road patrol he/she has the option to either work the scheduled holiday, in which case he/she shall be paid ~ Jf( 70\"\ e::t)p City Union 31 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc the holiday pay plus straight time. Ifhe/she elects not to work the holiday a Sgt. will fill that position. A Lieutenant who is assigned to road patrol who is scheduled off on a holiday may take a substitute day off during the same pay period .provided that it does not incur overtime. If it cannot be accommodated during that pay period, without incurring overtime, the member may take it in the following pay period with approval of the Police Chief. ¥-ß )j ( 7~ v\ 6/13Y City Union 32 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 21 FUNERAL EXPENSES Section 1. The City will make a reasonable payment, not to exceed $5,000 for funeral costs to the beneficiary of bargaining unit employees killed in the line of duty. Section 2. All employees shall, on a form to be supplied by the Human Resources Director or his/her designee, designate by name and address, the individual to whom such funds are to be paid. ~ .tf( )J 0' El~ City Union 33 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 22 MEDICAL EXPENSES Section 1. Members will receive and shall be obliged to take an annual electro-cardiogram and physical examinations by licensed physician approved by the City. Scheduling shall be at the discretion ofthe Department and the results will become part of the employee's permanent record. Said medical records shall be exempt from public inspection, as provided by Chapter 119, Florida Statutes. The City shall bear the cost of the examination. Section 2. Any condition of disability resulting from Hepatitis, Acquired Immune Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex I, established to have been occurred in the line of duty shall be covered the same as other duty injury. Section 3. Beginning at the age of 30 and every other year thereafter, the bargaining unit members shall be provided a twelve lead EKG and cardiac stress test to be paid for by the City and to be performed at a City designated medical facility. A hepatitis "B" vaccine series shall also be offered by the City to all bargaining unit members at no cost to the member. Section 4. At the members discretion he/she may request an AIDS and/or Hepatitis screen at the time of his/her annual physical. The cost to be paid for by the City. The results of the AIDS test shall remain confidential. Section 5. The City shall bear the costs involving lead testing for the Range Instructor(s). ~ t1bdo'\ ê~Y City Union 34 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 23 UNIFORMS Section 1. The City will supply those parts of the uniform that the City requires police lieutenants to wear on duty. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Chief of Police, and if adequate funds are available in the City's budget. Section 2. Effective on the date of this Agreement, lieutenants who are members of the bargaining unit and assigned to plain clothes duty will receive a maximum of$1 ,000.00 per contract year, paid in $250 installments at the end of each quarter and pro-rated as appropriate when assigned during each quarter to plain clothes duty. The City will replace civilian clothes of lieutenants purchased with the annual allowance when such clothes are damaged in the line of duty. The City will replace civilian clothes to uniformed officers assigned to plain clothes duty when the clothes are damaged in the line of duty. The replacement will require the approval ofthe Chief of Police. The Lieutenant claiming a replacement will be required to include with his/her claim an explanation of the circumstances of the damage and appropriate reports concerning the incident. This allowance shall commence from the date of assignment on a pro-rate basis. Section 3. Lieutenants assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accordance with the above for the three (3) months and pro-rated thereafter. Vß .tf b 01 oC' ~ City Union 35 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc Section 4. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall designate the only approved dry cleaning establishment in the City. Lieutenants assigned to plain clothes duty will be given a cash cleaning supplement reasonably equivalent to that of the uniformed Lieutenant. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro-rated basis. Section 5. Lieutenants assigned to plain clothes duty for more than three (3) months at a time will, for that three months period, be given a cash cleaning supplement equivalent to that given lieutenants and pro-rated thereafter. These payments for lieutenants assigned to plain clothes duty will substitute for the normal cleaning allowance for lieutenants. ¥-ß '-I(o¿ U v \' ~I City Union 36 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 24 TRAINING Section 1. The Police Chief will decide on the Department's training program according to his judgment of the needs and requirements and potential for each member of the Department. '1Þ ~ß t-fl"ldo ç ~.__. -'.. J. - City Union 37 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 25 PERSONNEL RECORDS Section 1. All personnel records shall be maintained within the limits of and in accordance with the provisions of the Public Records Law. Section 2. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his or her own personnel records whenever or however kept. The member shall have the right to make duplicate copies of his or her own records at no expense to the bargaining unit member. No record shall be hidden from a member's inspection and members shall have the right to allow anyone of his or her choosing to inspect the personnel records with written authorization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee within the provisions ofthe Public Records Law. Section 3. A personnel file for all City employees is maintained by the City Human Resource Department. The City will purge these files of disciplinary actions in accord with the appropriate Florida State Statute. The purging will take place when the Human Resources Department notes that it is time for a record to be purged or when an employee, in writing brings the matter to the attention of the Human Resources Director. An employee may request, in writing, that specific items be added to his/her Personnel file. Section 4. All citizen complaint files and Internal Affairs investigations will be governed by Florida State Statutes and the Public Record destruction guidelines. \lß ~h~o, Q:~~ C.....,.. City Union 38 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc Section 5. A 24 hour notice must be given to the bargaining unit member if any person requests a copy or review of the members' personnel file. E-mail to the bargaining unit member shall constitute notice. VB ¿.¡ I 76\oC ~ City Union 39 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 26 SOLICIT A TIONS No member shall be forced to attend or participate in solicitations for monies, membership or sales by any outside group (charities, insurance companies, religious organizations, etc.) while on duty or at roll call. -¥lß Þ ( ~,o' ~ City Union 40 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 27 SAFETY AND HEALTH Section 1. The City agrees that it will conform to all State and Federal laws concerning safety, health, sanitation and working conditions, when said laws are specifically applicable to public employees. Section 2. Protective devises, wearing apparel and other equipment necessary to protect employees from injury shall be provided and maintained in proper working condition by the City at no cost to the employee. -:;;;;;::..,. :J..ß J.11~t7loC ~ City Union 41 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 28 USE OF CITY FACILITIES The PBA shall be entitled to the use of City facilities to conduct Union business at the same cost assessed to other organizations, and subject to availability. ~ß ~(kO\O~ ~~ City Union 42 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 29 HOURS OF WORK AND OVERTIME Section 1. Members of this bargaining unit are considered exempt status employees under FLSA, not eligible for overtime pay. Section 2. No person shall be required to work more than sixteen (16), continuous hours except in a declared emergency. For the purposes ofthis section and this agreement, an emergency shall be a natural disaster, (flood, hurricane, etc.) or man-made disaster (riot, mass civil unrest, etc.) or other incident which directly threatens the health and safety of the citizens of Boynton Beach. Y-!> ¿.f( ¿.J oC c@ City Union 43 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 30 SHIFT SELECTION Section 1. The Department shall have the discretion to determine the number of persons assigned to each shift and division within the Department. The City reserves the right to assign Lieutenants to a particular division within the Police Department. Section 2. The City may designate the number of slots assigned to each shift. Thereafter the employees shall choose slots by seniority. The Department shall have discretion to change the probationary lieutenant for training purposes. The right to select a shift shall not apply to probationary lieutenants. ~ß ~b¡joc -'<~ ~- City Union 44 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 31 SENIORITY Section 1. Seniority shall be computed from the date ofpromotion. Iftwo (2) lieutenants have the same date of promotion, the date of initial appointment to the service of the City as a police officer shall be the determining factor. Section 2. Seniority shall accumulate during all authorized leaves. Section 3. Seniority shall be the determining factor for the selection of vacations and overtime assignments. Section 4. The City shall have the right to determine the number oflieutenants assigned to each division and each shift. Section 5. For lay-offs and other non-disciplinary reductions in personnel, Senior Classes will displace Junior Classes. An example would be: if a police lieutenant's position is to be abolished, the incumbent with the least seniority in the position oflieutenant would displace a Police Sergeant, who would displace a Police Detective, who would displace a Police Officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. ~ß J{ I )0\ 0:: -xI_;¡~ City Union . 45 S:\CA\Ccllective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 32 TRANSFERS AND SHIFT CHANGES Section 1. No member shall be transferred nor have his/her shift or schedule changed, including days off, without forty-eight (48) hours notice, except in time of emergency, as declared by the City Manager or his/her designee. Section 2. Members may request to exchange shifts, provided that the exchange is approved. Such approval shall not be unreasonably withheld. The City shall not be obligated to pay overtime to accommodate the exchange. l!ß tf( 2d'OC /"~1Þ U~, City Union 46 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 33 GROUP INSURANCE Section 1. The City shall provide and pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. Section 2. The City, during the term of this Contract, shall provide and pay for one hundred percent (100%) ofthe cost of individual coverage in a group health insurance policy for members of the bargaining unit. Section 3. The health and dental insurance coverage currently in effect shall not be substantially reduced through the life of this contract. The selection of a carrier or carriers to provide health and dental insurance coverage is a managerial function reserved solely to the City. The City will use its best efforts to maintain health and dental coverage which is substantially equivalent to the coverage in effect on the date of ratification ofthis Agreement. The number of available plans may, at the City's option, be changed. Minor reductions in coverage are permissible and do not constitute a unilateral change of benefits under this Collective Bargaining Agreement. In the event the total health and dental insurance benefit package is altered in a manner which increases either a bargaining unit members annual deduction by more than five (5%) percent over the deductible current at time of ratification ofthis Agreement or an itemized co- j)Ò ;.1\ 20\òÇ . _'~'o~,::~ c.f~'-~·\) City Union ..' . 47 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc payment by more than 25%, the Union may reopen negotiations ofthis Article by making written request to the City Manager. ,..,-- ~ Jf (¿oILS ~:~' City Union 48 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 34 TUITION REIMBURSEMENT Section 1. The City shall provide an incentive in the form of paid tuition and books for members who choose to attend an accredited college or university. Section 2. The member shall initially pay and be reimbursed by the City upon presentation of documented completion of the course. College and/or University program must be initially approved by the City Manager. Tuition reimbursement shall be at state college/university rates. Employees currently participating in the tuition reimbursement program and who attend a private college/university are grandfathered in at private college/university tuition rates. Section 3. Members attaining a grade of "A" or "B" shall be reimbursed for 100% of the cost of a course. Members attaining a grade of"C" shall be reimbursed for 50% ofthe cost of a course. The City shall reimburse bargaining unit members at 50% of cost for attending and being approved for life experience only at Barry University, Nova University and St. Thomas University, for not more than 30 credits. In the event that a course is a mandatory pass/fail course, a grade of passing shall be treated as a satisfactory grade and will be reimbursed for 100% ofthe cost ofthe course. Employees shall receive no compensation for grades below a "C". Section 4. Courses must lead to a degree in the fields of law enforcement, criminal justice, public administration, or any other similar police profession discipline that may, in the opinion and )/.ß tf r~ofo, Cf~'/~I Ä-~ City ..... Unlon 49 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc with the approval of the City Manager enhance the member's performance as a law enforcement officer. Section 5. Post-graduate courses authorized under Section 4, shall also be reimbursed based on grades outlined under Section 3. However, reimbursement is limited to a maximum of six (6) credits per semester. For every two (2) reimbursed semesters, the member must remain in the employ ofthe City for one (1) year. Failure to do so would require the member to payback the City for the equivalent percentage reimbursement. '--'§+ ¥ß J.f (~\ (/'::+~~' \. r..·' { ¡ \..., --. - --~ City Union 50 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 35 DEPARTMENTAL POLICIES. RULES AND REGULATIONS Section 1. It is agreed and understood that the Police Department currently has policies, rules and regulations governing employment. The formulation, amendment, revision and implementation of any rule shall not be arbitrary or capricious. In the event of a conflict between the rules and specific provisions of this Agreement, the Agreement shall control. Section 2. Nothing in this Section shall constitute a waiver of the Union's right to impact bargaining as defined in Chapter 447, Part II, Florida Statutes (the Florida Public Employee's Relations Act). In the event the City wishes to amend, revise or implement any new rule, it shall give ten (10) days notice to the Union. In the event the Union requests impact bargaining due to a rule change, the implementation date shall not be extended and the parties agree to expedite impact bargaining. JUs t.f(¿.~o' ~'~l;~ ' City Union 51 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 36 OFF-DUTY POLICE EMPLOYMENT Section 1. Off-duty police employment shall be defined as any police-related duty that is performed or administered by a sworn employee which is paid for by a private entity, through the City of Boynton Beach. Section 2. When City facilities are used by other agencies or persons, any desired security arrangements shall be at the option ofthe user. If the user and/or the City determines that certified police officers are to be required at any public event, only Boynton Beach Police Department personnel shall be used. V-ß 4 ( ).t>( DC Y~"fW· , ' \". ':',--/' City Union 52 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 37 GRIEVANCE AND ARBITRATION PROCEDURES GRIEVANCE PROCEDURES Section 1. A grievance is defined as a dispute involving the interpretation or application ofthe Collective Bargaining Agreement. Section 2. A dispute over disciplinary action is not a grievance, but shall be referred to as an appeal of disciplinary action. The process for handling appeals of disciplinary action are set forth in this Article. Section 3. The parties are committed to resolving grievances in a timely fashion. Accordingly, any grievance not submitted or advanced by the grieving party in accordance with the time limits set forth below will be considered abandoned. Any grievance not answered by the City within the time limits set forth below will automatically advance to the next step of the grievance procedure. By way of example: When a grievance is advanced to the Police Chief on January 1 S\ the Police Chief must respond by January 21 st. If the Police Chief responds to the Grievant on January the 3rd, and the Grievant is not satisfied with the Chiefs determination, the Grievant has ten (10) days from January 3rd to request appointment of an arbitrator. If the Police Chief fails to respond by January 21 S\ the Grievant has ten (10) days from January 21 st to request appointment of an arbitrator. Section 4. A grievance must be filed within ten (10) days of the first occurrence of the event which give rise to the dispute. Grievances shall be presented in the following manner: Jjp, ~ L~o' 0' ~éŒ) City Union 53 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc Step 1. A grievance must be filed on a form approved by the City within ten (10) calendar days as set forth in Section 4 above. The grievance must make specific reference to the Article and Section of the Agreement in dispute, set forth detailed facts explaining how the Article and Section has been misapplied by the City, and state the relief sought by the grievant. The grievance form shall be filed with the grievant's immediate supervisor. In the case of a class grievance filed by the Union, the grievance form shall be filed with the Police Chief. Step 2. The immediate supervisor shall review the grievance and make a written recommendation for disposition ofthe grievance to the Police Chief within ten (10) days of receipt of the grievance. Step 3. The Police Chief shall review the grievance and render a written decision within ten (10) days of receipt of the recommendation from the immediate supervisor. The Police Chief may require members ofthe Bargaining Unit to submit to questioning as part of his review of the grievance. Step 4. In the event that a grievant is not satisfied with the disposition of the grievance by the Police Chief, the grievant shall have the right to submit the grievance to the City Manager. Submission to the City Manager shall be made within ten (10) days of the date of the Chief s disposition or the expiration of the time period for the Chiefs disposition in the event the Chief does not render a decision. Step 5. The City Manager shall review the grievance and render a written decision within ten (10) days of the submission of the grievance to himlher. The City Manager may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 6. In the event the employee is not satisfied of the disposition ofthe grievance by the City Manager, or if there is no disposition by the City Manager in a timely fashion, the grievant may request appointment of an arbitrator. The grievant's request for the appointment of an arbitrator must be made within ten (10) days ofthe date of the City Manager's disposition ofthe grievance, or the expiration of the time period for the City Manager's disposition in the event the City Manager does not render a decision. "-~ V-õ if (~(}'Ð'(" 'L\~~ City Union 54 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc Step 7. The City and the Union have agreed to establish a panel of arbitrators, consisting of six (6) members, three ofwhich will be selected by the Union and three of which will be selected by the City, who will be selected to serve on a rotating basis. The grievant's request shall commence with a written request for arbitration to the City. Following appointment of an arbitrator, Arbitration shall proceed as set forth in this Article. If a panel has not been agreed to by City and union, the grievant's request shall commence with a written request to the Federal Mediation and Conciliation Service to submit a list of names of five (5) arbitrators. Both parties will alternatively strike one name until an arbitrator is agreed to. Following appointment of an arbitrator, arbitration shall proceed as set forth in this Article. ARBITRATION Section 1. When an arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the City, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration hearing on the grievance itself. If the City raises the question of arbitrability and loses that determination, the City shall pay the cost ofthe arbitrator. If the City raises the question of arbitrability and the arbitrator determines that the matter is not arbitrable, the Union shall pay for the arbitrator. This provision shall not prohibit the City from challenging the arbitrability of any grievance in an action for declaratory relief filed in the Circuit Court of Palm Beach County, Florida. In no event may the City seek a determination of arbitrability by both the arbitrator and the Circuit Court. In the event of a court action by the City, the grievance/arbitration proceeding shall be abated until the conclusion of the court proceeding. Section 2. The arbitrator shall conduct the arbitration hearing no less than thirty (30) days nor more than ninety (90) days from the date of appointment. J{ß J../ ('2-ú\ 0" C~-EJ~ J- City Union 55 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc Section 3. In the event a party seeks continuance of an arbitration hearing once set, the requesting party shall pay any fee charged by the arbitrator for resetting the hearing. Section 4. The arbitrator's decision shall be confined to the statement ofthe grievance set forth in the written grievance form together with any defenses raised by the City at any step of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this agreement or any part thereof in order to resolve a grievance. The arbitrator may not issue declaratory opinions and shall confine himself/herself exclusively to the issues presented, which must be actual and existing. Section 5. The arbitrator shall render a written decision within thirty (30) days ofthe close ofthe arbitration hearing or submission of post hearing briefs, whichever occurs last. DISCIPLINARY APPEALS Section 1. Discipline is classified as either major or minor as follows: MAJOR: Termination Demotion Suspension without pay-more than two (2) days No employee shall be subject to major discipline without first being afforded a pre- determination conference with the City Manager or his/her designee. No pre-determination conference shall be conducted with less than ten (10) calendar days notice to the employee. MINOR Written reprimand Suspension without pay-two (2) days or less Section 2. Appeals of disciplinary action shall be handled as follows: ~ß 4bolD, ~~ ....,~{'--~ . City Union 56 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc A. Major discipline may be by appeal to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in this Article. The request for appointment of an arbitrator must be made in writing within ten (10) calendar days of notice of disciplinary action. B. The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the Arbitrator is final and binding on the parties. C. Written reprimands may not be appealed but the employee may submit a written response to a written reprimand provided the response is submitted within ten (10) days of the written reprimand. If a written response is submitted by the employee, it shall be attached to the written reprimand and placed in the employee's personnel file. D. Suspensions without pay of two (2) days or less may be appealed to the City Manager whose decision shall be final. An appeal shall be filed in writing within ten (10) days of notice of the suspension without pay. The City Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days ofthe appeal. The City Manager's decision may be to either sustain, reverse, or modify the discipline. In no event shall the City Manager's decision increase the discipline to more than a suspension without pay of two days. The City Manager may conduct interviews with the grievant, departmental staff, or members ofthe bargaining unit as part of his /her investigation of the discipline. ¥ß ii bo\c;\ C:~~~~! City Union 57 S:\CA\Collp.ctive Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 38 PAST PRACTICES All employment practices listed below shall remain in effect: A. Lockers. B. Locker room shower, gym. C. Shoes every six (6) months. D. Provide weapons, equipment, gear appropriate to assignment. E. Bullet proof vests. F. Jackets, raincoat, boots. G. Desk space, office supplies. H. Approved and required travel expenses. 1. Use of City vehicles for court when available. J. Three (3) complete uniforms per year, as needed. Yß ~ L~lJ\oC C(:ð City Union- . 58 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 39 PERSONAL AND DEPARTMENTAL VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and semmars. Section 3. Bargaining Unit members shall be assigned City vehicles for use on and off duty. Section 4. If a Bargaining Unit member is not involved in a "Chargeable" accident for 12 months, the member will get a bonus on their anniversary equivalent to one (1) day's pay. V-f> ~ \~~\ ~·····'·······C·~'~ City Union 59 S:\CA\Collective Bargaining\PBA\PBA 2004 Co]lective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 40 PROMOTIONS Section 1. All bargaining unit members are eligible for appointment to the next highest rank in the department. Criteria for evaluation and appointment shall be established by the Police Chief with the assistance of the Human Resources Department. All promotional opportunities will be posted for a period of thirty (30) days before closing. Section 2. All Lieutenant's shall serve a one year probation from the date of appointment. During a Lieutenant's probationary period a Lieutenant is subject to removal from appointment, without statement of cause. A promoted Lieutenant removed from her/his position during probation, shall be reassigned to the position that they were promoted from. A new hire Lieutenant in her/his probationary period may be demoted to Sergeant, or is subject to separation from service at the discretion of the City, without statement or cause. j¿ß 4 bû\o\ ~y='~) City Union 60 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 41 SAVINGS CLAUSE Section 1. If any Article or section of this Agreement should be determined by a court of competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or judicial decision, all other Articles and sections of this Agreement shall remain in full force and effect with it being presumed to be the intent of the parties that the invalid language be stricken. Section 2. In the event of such a determination, the parties shall meet within thirty (30) days for the purpose of negotiating a substitute provision. Section 3. There is no past practice regarding wages, benefits or conditions of employment that is binding on the parties except as set forth in this collective bargaining agreement. Neither the City's Civil Service Rules and Regulations, nor the City's Personnel Policy Manual have application to collective bargaining unit members. ~ß ;¡(¿ðÍð' CC±-~' City Union 61 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004- 200S.doc ARTICLE 42 TEMPORARY ASSIGNMENT Section 1. Lieutenants acting in the capacity of Senior Staff Officer shall be paid five percent (5%) above the Lieutenant's regular rate of pay during the time assigned as Senior Staff Officer. Section 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. X-ß '-1()ð.o( vai City Union 62 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 43 CHEMICAL TESTING Section 1. Drug and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retesting will be as set forth in Florida Statues, Florida Administrative Code and the City's Drug Free Workplace Policy. \Lß 4bo\o~ ~! City Union 63 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 44 ENTIRE AGREEMENT The parties agree that this Agreement constitutes the full and complete understanding of the parties. This agreement can not be changed or altered unless by mutual written agreement. //.--------- ~ß ~bdoc- é~' City Union 64 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 45 DURATION OF AGREEMENT Section 1. This agreement shall become effective on ratification and shall continue in full force and effect up through and including September 30,2007, provided the wage increase referenced in Article 14 will be retroactive to April 1, 2005. Y-ós 1 ()J}, ~'Lµ City Union 65 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 46 REOPENER Section 1. In the event the City determines that classification of the Members as exempt status employees cannot be legally sustained, the parties on written request by the City shall reopen negotiations of this Collective bargaining Agreement. ,/-~. ~ß 412010," CW City Union 66 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 47 STARTING SALARY Starting pay for Lieutenants effective the date of ratification is $77,250.00: There is no top out pay for the Lieutenants. .íLß 1b,I{)( 9~ ,/ - '\ . , - ~ City Union 67 S:\CA\Colle~tive Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 48 LONGEVITY PAY Section 1. In order to provide benefit incentives to long-term employees, giving recognition for continuous and meritorious service, longevity benefits are available as outlined below. Employees eligible are those who: a) have been employed with the City on a regular full-time and continuous basis for a minimum of five (5) years, and b) have an overall "Meets Standards" or above rating on the previous employee evaluation. Employees will receive a cash Lump Sum Bonus as follows: On the employee's fifth (5th) anniversary a lump sum payment of$500.00. On the employee's tenth (10th) anniversary a lump sum payment of$I,OOO.OO On the employee's fifteenth (15th) anniversary a lump sum payment of$I,500.00 On the employee's twentieth (20th) anniversary a lump sum payment of$2,000.ØO Section 2. Any pay earned for Longevity Benefits is subject to required federal deductions. Section 3. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment prior to their anniversary date will not be entitled to Section 1 benefits. Employees in the DROP plan are not eligible for longevity pay. Section 4. The longevity benefit set forth in this Article takes effect October 1, 2004. ~.t(f}6(O( ~;-~ City UniÖri- 68 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc