R98-064THIS PAGE HAS BEEN AMENDED TO CORRECT A SCRIVENER'S ERROR AND IS ATTACHED TO
THE ORIGINAL RESOLUTION NO. R98-64
RESOLUTION R98- 64
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE LETTER OF AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND THE FRATERNAL ORDER OF
POLICE - SERGEANTS UNIT FOR THE PERIOD
OF OCTOBER 1, 1997 THROUGH SEPTEMBER 30,
1998, AND AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE THE
LETTER OF AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS~ the City of Boynton Beach and the Fraternal. Order of Police
- Sergeants Union have successfully concluded negotiations for a one year
contract; and
WHEREAS, the Letter of Agreement was ratified by the Bargaining Unit
of the Union; and
WHEREAS, the City Commission of the City of Boynton Beach deems it
to be in the best interests of the residents and citizens of the City to ratify the
Letter of 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 Boynton Beach, Florida
does hereby ratify the Letter of Agreement between the City of Boynton Beach
and the Fraternal Order of Police - Sergeants Unit for the period of October 1,
1997 through September 30, 1998, and authorizing and directing the Mayor and
City Clerk to execute the Letter of Agreement, a copy of said agreement being
attached heretO as Exhibit "A".
PASSED AND ADOPTED this ~7' day of April, 1998.
CITY OF BOYNTON BEACH, FLORIDA
[/layo~ ~
Commissioner
ATTEST:
Ci~ Clerk
1997-1998 AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
POLICE SERGEANTS
FRATERNAL ORDER OF POLICE
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TABLE OF CONTENTS
Arti cl e
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
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Preamble ..................................... 1
Recogni ti on .................................. 2
No Strike or Lock-Out ........................ 3
Non Discrimination ........................... 5
Dues Deducti on ............................... 6
Union Time Pool .............................. 8
FOP Representati on ........................... 9
Bulletin Boards .............................. 11
Information Requests ......................... 12
Rights of Law Enforcement Officers
Under Investigation ......................... 13
Management Ri ghts ............................ 14
Di sci pl i ne and Discharge ..................... 16
Rate of Pay .................................. 17
On Duty Injuries ............................. 18
Call Back Pay ................................ t9
Stand By Pay ................................. 21
Court Appearances ............................ 22
Bereavement Leave ............................ 23
Si ck Leave ................................... 24
26
Vacation .....................................
Hol i days ..................................... 28
Funeral Expenses ............................. 30
Medical Expenses ............................. 31
Uni forms ..................................... 33
35
Trai ni ng .....................................
Personnel Records ............................ 36
Sol ici tati ons ................................38
Safety and Health ............................ 39
Use of City Faci 1 i ti es ....................... 40
Hours of Work and Overtime ................... 41
Shift Scl ecti on .............................. 43
Seni ori ty .................................... 44
Transfers and Shift Changes .................. 45
Group Insurance .............................. 46
Tui ti on Reimbursement ........................ 47
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35
36
37
38
39
4O
41
42
43
44
45
Departmental Policies, Rules & Regula'ti6hS.'..
Speci al Detai 1 s ..............................
Grievance and Arbitration Procedures .........
Past Practices ...............................
Enti re Agreement .............................
Personal Vehi ctes ............................
Promoti OhS ...................................
Temporary Assignment .........................
Savings Clause ...............................
Chemical Testing .............................
Duration of Agreement ........................
Si gnatures ...................................
48
49
5O
54
55
56
57
59
60
61
66
65
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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
Florida State Lodge, Fraternal Order of Police, hereinafter referred to as the
"FOP" or the "Union". It is the intent and purpose of this Agreement to issue
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.
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ARTICLE 1
RECOGNITION
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Section 1. The City of Boynton Beach hereby recognizes the FOP 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 dated March 18, 1988, and comprises all full-time police sergeants
with the City of Boynton Beach. Excluded are all other employees of the City.
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ARTICLE 2
NO STRIKEOR LOCK-OUT
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Section 1. "Strike" means the concerted failure to report l=or duty, the
concerted absence of Sergeants from their positions, the concerted stoppage of
work, the concerted submission of resignations, the concerted abstqnence qn
whole or in part by any group of Sergeants from the full and faithful
performance of their duties of employment w~th the C~ty, participation in a
deliberate and concerted course of conduct which adversely affects the
servq, ces of the City, picketing or demonstrating in furtherance of a work
stoppage, e~ther during the term of or after the expiration of a collective
bargaini ng agreement.
Section 2. Neither the Union, nor any of its officers, agents and members,
nor any employee organization members, covered by this Agreement, will
~nstigate, promote, sponsor, engage in, or condone any strike, sympathy
strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or
any other interruption of the operations of the City.
Section 3. Each Sergeant who holds a position with the City occupies a
position of special trust and responsibility in maintaining and bring about
compliance with this Article and the str~ ke prohibition in Florida Statutes
04/08/98 FOP ~ City~
447.505 and the Constitution of the State of Florida, Article 1, Section 6.
Accordingly, the Union, its officers, stewards and other representatives agree
that it is their continuing obligation and responsibility to maintain
compliance with this Article and the law, including their responsibility to
abide by the provisions of this Article and the law by remaining at work
during any interruption which may be initiated by others- and their
responsibility, in event of breach of this Article or the law by other
employees and upon the request of the City, to encourage and direct employees
violating this Article or the law to return to work, and to disavow the strike
publ i cly.
Section 4. Any or all Sergeants who violate any provisions of the law
prohibiting strikes or of this Article may be dismissed or otherwise
disciplined by the City, and any such action by the City shall not be
grievable or arbitrable under the provisions of Article 47 Grievance and
Arbitration Procedures.
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City
ARTICLE 3
NON-DISCRIMATION
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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 Section may
be brought with the appropriate governmental agency, but may not be grieved
under the Contract.
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City
ARTICLE 4
DUES DEDUCTION
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Section 1.
deduction for the purposes of paying Union dues.
become effective upon acceptance by the City of
Any employee covered by this Agreement may authorize a payroll
Such authorization shall
a fully executed dues
deduction form from the employee. Employees who are currently members of the
bargaining unit need not execute a new dues authorization card.
Section 2. The Union will notify the City as to the amount of dues, Such
notification to the City shall be from an official of the Union. Changes in
Union membership dues will be certified to the City at least thirty (30) days
prior to the effective date of the change.
Section 3. Dues will be deducted each pay period and such monies shall be
remitted to the Union treasurer once per month, not later than fourteen days.
after the end of the month.
Section 4. The effective date of deducting dues shall be the beginning of the
pay period following the day the dues deduction form is signed. The effective
date for stopping dues deduction shall be at the beginning of the pay period
thirty (30) days following the date the revocation form is received by the
City.
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Section 5. The Union will indemnify and hold harmless the City against any
claims brought based on payroll deductions ol~ dues as provided in this
Arti cl e.
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City
ARTICLE 5
UNION TIME POOL
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Section 1. The City shall create a time pool of ninety-six (96) hours For
utilization of designated union representatives for the conduct of union
business within and outside of the City.
Section 2. In addition, members of the bargaining unit may donate in two (2)
hour increments, and not more than eight (8) per year of vacation time to the
time pool on a Form designated by the City.
Section 3. Union representatives shall be released from duty upon reasonable
notice to the Department and approval of the division or bureau commander or
lieutenant. If the needs of the Department do not permit the release of a
particular employee as requested, the release of an alternative member during
the desired time shall be provided.
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City
ARTICLE 6
FOP REPRESENTATION
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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 three (3) FOP representatives for
the purposes of bargaining and any bargaining team members shall be permitted
to attend bargaining sessions which may occur during their regular tours of
duty without any loss of pay but the time for more than three (3)
representatives will be charged to the Union Time Pool. The City shall not be
requi red to provide overtime to any employee attending negotiations.
Section 3, The parties agree that the FOP may establish a system of stewards
providing for a chief steward and an individual steward on each shift and
division represented by the bargaining unit. Stewards on duty shall be
permitted reasonable release time with pay upon approval of the division or
bureau lieutenant for the purpose of processing any individual grievance or
assisting employees at investigatory or disciplinary interviews.
Section 4. In acting in their capacity as FOP representatives within the
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Department and not on behalf of themselves, employees shall not be obligated
to observ~ the Departmental chain of command. A representative may not refer
an issue utside of the department without first presenting it to a senior
staff of- icer. This shall not relieve employees from observing the
Departmental chain of command except for receiving aDproval of release time
with regal'd to their duty-related activities, notwithstanding their position
as an FOP representative.
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ARTICLE 7
BULLETIN BOARDS
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Section 1. The Union shall be provided wi th the use of a Sergeant's Union
bul 1 eti n board space at one (1) location i n the pol ice bui 1 di ng.
Section 2. The Union agrees that it shall use the space on the bulletin
boards only for the purposes of posting notices of Union meetings: notices and
results of Union elections: reports of Union committees: rulings or policies
of the Union: recreational and social affairs of the Union, and notices by
publ i c bodi es.
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ARTICLE 8
INFORMATION REQUESTS
Section 1. The City agrees to furnish to the Union president or designees,
upon request at City cost, documents such as agendas, minutes, financial
reports, etc., of the retirement Board, Civil Service Board, 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 ii9.
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ARTICLE 9
RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION
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The City of Boynton Beach agrees that all rights of Law Enforcement Officers
under investigation detailed and granted by Florida Statutes, Section
112,522(1)(a)-(i) will be observed and practiced.
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City
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ARTICLE 10
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 of
limitation, the City retains the exclusive right to:
A. Hire, promote, and lay off employees in accordance with the City
of Boynton Beach Civil Service Rules and Regulations.
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 wi th the .
specific provi si ons of this Agreement.
H. Introduce new services, procedures, materials, facilities and
- equipment,
I. Mandate physical, medical, and drug testing in accordance with
law. The City agrees to use State Certified Laboratories for all
drug testi rig.
Determine and change the equipment and materials provided to or
not provided to employees.
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K, Add to or change the
cl assi fi cati on.
L. Create, alter or disband
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qualifications necessary for any job
any units based upon the needs of the
Department as determined by the Police Chief.
If the City fails to exercise any one or more of the above functions from time
to time it shall not be deemed a waiver of the City's right to exercise any or
all of such functions. Any right or privilege of the City not specifically
rel i nquished 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.
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City
ARTICLE 11
DISCIPLINE AND DISCHARGE
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Section 1. Employees may be disciplined only for just cause. No employee
shall be discipl i ned without notice of the charges setting forth the basis for
such di sci pl i ne.
Section 2. Employees shall have the opportunity to have said disciplinary
action reviewed by the Civil Service Board or through the grievance
arbitration procedure established in this contract, but not both.
Section 3. The parties recognize that timel i ness of di sci plinary action is an
essential element of due process. Accordingly, no employee shall be subjected
to disci pl i nary action unless a fi hal disciplinary recommendation i s made by
the Police Chief within fourteen (14) days of the conclusion of the
i nvesti gati on.
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City
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ARTICLE 12
RATE OF PAY
Section 1. Those employees who are selected members of the SRT team shall be
compensated an additional 10% for hazardous duty when said team is actually
called to duty. Members of the Organized Crime Bureau and Directed Patrol who
are active shall receive a 5% pay supplement. No employee shall receive more
than one assignment pay.
Section 2. For the 1997-1998 contract year, the covered employees shall be
eligible to receive a five percent (5%) increase in salary (on the employees
anniversary date). Said increase shall be retroactive to the employee's
anniversary date which falls after October 1, 1997, as long as the employee
has received a satisfactory rating or above on their performance evaluation.
04/08/98 FOP ~ City ~
ARTICLE 13
ON-DUTY INJURIES
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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 Worker's 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 Worker's Compensation check and his/her normal
net take home pay.
Section 2. tf the period of disability is greater than 180 days, the City may
ask the Pension Board to review said employee's disability case for retirement
due to disability.
Section 3. Following three hundred sixty (360) days loss of duty due to a
service-connected injury, the City shall be authorized to dismiss the employee
for physical i nabi 1 i ty to perform wi thin the employee' scl assi fi cati on,
Section 4. The City shall endeavor to provide light duty police work for
employees disabled in the line of duty.
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City
ARTICLE 14
CALL-~BACK PAY
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Section 1. In the event that a sergeant is recalled to duty anytime outside
of his/her regular working hours, the employee shall be compensated for the
actual time worked but in no event less than three (2) hours at time and one-
half (1 1/2) the employee's regular rate of pay.
Section 2, Employees will be called back to duty
fol 1 owl ng procedure:
A.
04/08/98
on the basis of the
Members of the uniform patrol division which include traffic who
are regularly scheduled to work the shift or tour preceding or
tour experiencing the vacancy will be offered the position first.
by order of seniority.
Members of the uniform patrol shift not regularly scheduled to
work on the day the shift or tour experiencing the vacancy will be
offered the position next, by order of seniority.
If the vacancy remains, the members of the uniform patrol shift
who are regularly scheduled to work the shift or tour Following
the shift or tour experiencing the vacancy will be offered the
position, by order of seniority.
FOP ~ City ~~)
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If the vacancy remains, the members of the uniform patrol shift
who are not regularly scheduled to work the shift or tour
preceding the shift or tour experiencing the vacancy will be
offered the position, by order of seniority.
If the vacancy remains, the members of the uniform patrol shift
who are not regularly scheduled to work the shift or tour
following the shift or tour experiencing the vacancy will be
offered the position, by order of seniority.
If the vacancy remains the position will be offered to non-patrol
members such as Sergeants assi g ned to the Detective,
Admi ni strati ve or Community Poli ce Di vi si ons by seni ori ty.
If the vacancy remains the position may be offered to lieutenants.
In the event that the vacancy remains and it becomes necessary to
order individuals to work to fill individual shift or tour
vacancies, then selections shall be by inverse seniority (junior
sergeant fi rst).
04/08/98
FoP
ARTICLE 15
STAND-BY PAY
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Section 1. Employees directed to be on stand-by status shall be able to
respond to a specified location on duty within one (1) hour and shall be
compensated at a minimum of one hour at time and one-half (1 1/2) the
employee's regular rate of pay for the first hour and one-half (1/2) the
employee's regular rate of pay for alt remaining hours.
Section 2. In the event the Sergeant responds to a specified location for
duty, this section would not apply and Article 14, Call-Back Pay, would
address said situation. Therefore, Stand-By Pay will only be granted if the
Sergeant is on stand-by status and not called to duty.
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ARTICLE 16
COURT APPEARANCES
-22-
Section 1. When required to respond to court, deposition, subpoena, or any
other judicial or administrative proceeding arising out of a member's duty as
a police officer, and not involving the officer as a plaintiff or whose
interest is affected by the plaintiff, the employee shall be paid a minimum of
three (3) hours per day at time and one-half (1 1/2) the employee's regular
rate of pay, unless such court appearance occurs during the employee's regular
worki ng hours.
Section 2. If court appearance is contiguous with the end of the employee's
shift, court time shall be compensated as any other over time assignment.
04/08/98
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ARTICLE 17
BEREAVEMENT LEAVE
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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 and any permanent family member of the
household such employee shall be entitled to paid compassionate leave not to
exceed three (3) consecutive calendar days for any one death. However, if it
is necessary for the employee to leave to State in connection with the
internment of the deceased, five (5) days compassionate leave shall be
allowed. Additional leave may be authorized by the Chief or his/her designee
on a case-by-case basis, except that such additional leave shall be debited
against the employee' s accrued sick or annual leave.
Section 2. Employees must verify attendance at out-of-state internment in
writing in order to be eligible for benefits under this Article, The City
Manager may grant additional leave under this Section.
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City
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ARTICLE 18
SICK LEAVE
Section 1. Employees will earn ninety-six (96) hours of sick leave per year
at the rate of eight (8) hours per month. The use of sick leave will be in
accord with the Civil Service Rules and Regulations.
Section 2. Employees who have more than one hundred twenty (120) hours of
sick leave as of September 1, of the current contract year, may convert 50% of
the excess over one hundred twenty (120) hours to a cash straight time payment
not to exceed one hundred (100) hours in this fiscal year. Those hours over
one hundred twenty (120) hours not converted in the 1989-90 current fiscal
year may be converted in the next fiscal year. This provision shall not be
applicable for fiscal years, 1993/95 and shall be subject to the collective
bargaining process for subsequent fiscal years.
Section 3. It shall be the policy of the City to permit an employee the.
opportunity of donating accrued sick leave time, provided the contributing
employee has 120 hours accrued sick leave, 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 annual leave to the equivalent of his/her current
annual earned vacation rate.
04/08/98 FOP .~
Extraordinary circumstances shall be defined as
City ~>~
-25-
lengthy hospitalization, critical illness, or injury. When there appears to
be a need to share sic,, leave in accord with this Article the Union Steward
will prepare a list of bargaining unit members who are willing to contribute
sick leave hours, confirm through the Finance Department that the hours are
available and submit the list to the Personnel Office for proper charge to
sick leave records. Ti me used will be used in order listed on appropriate
form supplied by the Union Steward.
Section 4. Sick leave for medical appointment can be scheduled more than 48
hours in advance and cannot be changed by the Department except in the event
of a clear need by the Department.
Section 5. No member shall be placed on restricted sick leave prior to being
counselled 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 six leave for a maximum of six (6)
months· At the end of ~,ix 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.
04/08/98 FOP ~ City~
ARTICLE 19
VACATION
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Secti on 1,
Rul es.
Secti on 2.
Secti on 3.
Vacation shall be accrued in accordance with the Civil Service
Seniority will prevail in the granting of vacations.
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.
Section 4. Requests for emergency vacation leave shall be individually
considered by the Chief of Police.
Section 5. No member shall be denied vacation nor shall vacation privileges
be suspended or canceled except as specifically set forth in this Agreement or
in time of declared emergency, as defined in this Agreement.
Section 6. All sergeants shall receive- in addition to the existing vacation
accruals 32 hours of personal time which may be used in four hour increments
(non-accumulative and cannot create an overtime situation), The parties agree
04/08/98 FOP ~ City ~
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for contract year commencing 10/1/94 through 9/30/95 an additional 20 hours of
personal time will be credited to each bargaining unit member, with the
stipulation that all requests for usage are approved by the Police Chief, and
that any denial of the use of this time by the Police Chief is not grievable.
The 20 hours are not accruable and must be used by the bargaining unit member
prior to 9/30/95, These 20 hours will not carry over past 9/30/95.
04/08/98 FOP /~
Ci tyL~~
ARTICLE 20
HOLIDAYS
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Section 1. Holidays will be in accordance with the Civil Service Rules and
Regulations.
Section 2. Holiday pay will be at one and one-half (1 1/2) times the
employee's regular rate of pay, whether or not the holiday is worked.
Section 3.
A. Holiday Conversion. Under this Section a member may elect not to
receive holiday pay as outlined in Section 2 above, but instead to
have the equivalent straight time holiday hours added as a lump
sum to their accrued vacation balance.
Members who sign up for this section must do so between October
1st and October 31st of each contract year with the Bureau of
Administration.
C. Members exercising this option for conversion will be paid only
straight time for the hours worked on the holiday.
D, Members whose regular days off are on a holiday will receive their
normal weekly pay.
Eo Members leaving the service who participated will owe the City for
04/08~98 FOP ~) City ~.~
-29-
those holidays they were not on the payroll either through loss of
vacation credits or deduction from funds due from the City.
Members may elect to take the holiday off and at their option
deduct eight (8) hours vacation or take the holiday off without
pay.
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ARTICLE 21
FUNERAL EXPENSES
Section 1. The City will make a reasonable payment of funeral costs to the
beneficiary of bargaining unit employees killed in the line of duty not
otherwise provided by State or Federal law.
Section 2. All employees shall, on a form to be supplied by the Personnel
Director or his/her designee, designate by name and address, the individual to
whom such funds are to be paid.
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City
ARTICLE 22
MEDICAL EXPENSES
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Section 1.
Option 1.
electro-cardiogram and
approved by the City,
Members will receive and shall be obliged to take an annual
physical examinations by licensed physician
If the City selected doctor is used, scheduling
shall be at the discretion of the Department and the results will become
part of the employee's permanent record. Said medical records shall be
exempt from public inspection, as provided by Chapter il9, Florida
Statutes. The City shall bear the cost of the examination.
Option 2. A member may elect his/her own private physician if approved
by the City and the City is obligated to pay only a portion of the fee
not to exceed One Hundred ($100) Dollars upon proper receipt. Said
medical records shall be exempt from public inspection, as provided by
Chapter il9, Florida Statutes.
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.
04/08/98 FOP ~ City~
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Section 3. Beginning at the age of 30 and every other year thereafter, the
employees shall be provided a twelve lead EKG and cardiac stress test to be
paid for by the City and to De 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. The City shall bear the costs involving lead testing for the Range
Instructor(s).
Section 5. At the members discretion he may request an AIDS and/or Hepatitis
screen at the time of his annual physical. The cost to be paid for by the
City. The results of the AIDS test shall remain confidenti al.
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ARTICLE 23
UNIFORMS
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Section 1. The City will supply those parts of the uniform that the City
requires police sergeants to wear on duty. The City will supply replacements
for the parts of the uni form 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 the approval of this Agreement, sergeants
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 auarter and pro-rated as appropriate when assigned during each
quarter to plain clothes duty. This allowance shall commence from the date
of assignment on a pro-rate basis.
Section 3. Sergeants assigned to plain clothes duty for more than three (3)
months at a time will receive clothing allowance in accordance with the above
for the three (2) months and pro-rated thereafter.
Section 4. The City will bear the cost of cleaning ten (lO) issued uniform
pieces per week for the contract year. The City shall notify those employees
that are eligible, to take their uniforms only to the approved dry cleaning
establishment. Plain clothes Sergeants shall be given a cash cleaning
-34-
supplement reasonably equivalent to that of the uniformed sergeant. This will
be paid at the end of each quarter of the contract year. This allowance shall
commence from the date of assignment on a pro-rated basis.
Section 5, Sergeants assigned to plain clothes duty for more than three (3)
months at a time will, for that three months period, be given a cash cleaning
supplement equivalent to that given sergeants and pro-rated thereafter. These
payments for sergeants assigned to plain clothes duty will substitute for the
normal cleaning allowance for sergeants.
04/08/98 FOP ~
ARTICLE 24
TRAINING
-35-
Section 1. All training required of the sergeant by the Police Department
when off duty shall be compensated at the rate of time and one-half (1 1/2)
the employee's regular rate of pay, not including seminars, conferences,
schools and special programs.
Section 2. The Police Chief will decide on the Department's training program
according to his judgment of the needs and requirements and potential for each
member of the Department.
04/08/98
Fop
ARTICLE 25
PERSONNEL RECORDS
-36-
his or her
authori zati On.
used to evaluate,
employee.
Section 3.
Section 1. Within the limits of and in accordance with the provisions of the
Public Records Law, all personnel records shall be kept confidential and not
released to any person except authorized City officials or in response to a
subpoena, unless the City receives a written authorization from the member in
regard to the personnel records.
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. No record shall be hidden
from a member's inspection and members shall have the right to allow anyone of
choosing to inspect the personnel records with written
Members shall have the right to inspect any and all records
promote or in any other manner, classify or direct an
A personnel file for all City employees is maintained by the City
Personnel Department. The City will purge these files of disciplinary actions
in accord with the appropriate Florida State Statute. The purging will take
04/08/98 FOP ~ City ~
-37-
place when the Personnel Department notes that it is time for a record to be
purged or when an employee, in writing brings tt~e matter to the attention of
the Personnel Director. An employee may request, in writing, that specific
items be kept in his/her Personnel fileo
Section 4. All citizen complaint files and Internal Affairs investigations
will be governed by Florida State Statutes and the Public Records destruction
gui del ines.
04/08/98
City
ARTICLE 26
SOLICITATIONS
-38-
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.
04/08/98
FOP '~
City ~.~
ARTICLE 27
SAFETY AND ,HEALTH
-39-
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,
04/08/98
Fop
Ci ty~
ARTICLE 28
USE OF CITY FACILITIES
-40-
The FOP shall be entitled to the use of City facilities to conduct Union
business at the same cost assessed to other groups or other Police Department
activities.
04/08/98
City
-41-
ARTICLE 29
HOURS OF WORK AND OVERTIME
Section 1. The normal hours of ,work for bargaining unit members shall be five
(5) days per week at eight (8) hours per day, or four (4) days per week at ten
(10) hours per day.
Section 2. No work schedule, days off, hours of work. etc., shall be changed
primarily for the purpose of avoiding the payment of overtime.
Section 3. No person shall be required to work more than sixteen (16) hours
at one (1) time, except in a declared emergency. For the purposes of this
section and this agreement, an emergency shall be a natural disaster, (flood,
hurricane, etc.) or man-made disaster (riot, mass civil unrest, etc.) or other
incident which directly threatens the health and safety of the citizens of.
Boynton Beach.
Section 4, Any employee who works in excess of the normal work day or the
normal work week shall be entitled to pay. for those hours in excess of the
normal work day or the normal work week, at the rate of time and one-half (1
1/2) the employee's regular rate of pay.
04/08/98 FOP ~ CityL~
-42-
Section 5, One Sergeant per shift per day will serve in the capacity of
Administrative Sergeant and shall be entitled to receive 15 minutes of
overtime pay for performance of tasks generic to their position such as
organization, shift preparation and review of subordinates work.
04/08/98
Ci ty~
ARTICLE 30
SHIFT SELECTION
-43-
Section 1. The Chief of Police or his/her designee shall have discretion to
determine the number of persons assigned to each shift and division within the
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 junior sergeant for training purposes.
The right to select shift shall not apply to probationary sergeants.
Section 3. For the purposes of shift selection only. at scheduled shift pick
Acting Sergeants with six (6) months or more experience in the position of
Acting Sergeant shall be considered in the pick as Junior Sergeant and shall
fall in the shift pick accordingly.
04/08/98
Ci ty~
ARTICLE 31
SENIORITY
-44-
Section 1. Seniority shall be computed from the date of promotion to
sergeant. If two (2) sergeants have the same date of promotion, the date of
initial appointment to the service of the City as a police officer shall be
the determining factor.
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 of sergeants
assigned to each division and each shift,
Section 5. For lay-offs and other non-disciplinary reductions in personnel
the foregoing procedure shall apply that Senior Classes will displace Junior
Classes. An example would be: if a police sergeant's position is to be
abolished, the incumbent with the least seniority in the position of sergeant
would displ ace 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.
04/08/98
City
ARTICLE 32
TRANSFERSAND SHIFT CHANGES
-45-
Section 1. No member shall be transferred nor have his/her shift or schedule
changed, including days off, without forty-eight (48) hours notice, except in
time of emergency, as elsewhere defined in this Contract. If a member suffers
a transfer or shift change, as defined in this Agreement, without forty-eight
(48) hours notice and without the consent of the employee, all time worked on
the first newly assigned shift or workday shall be at the overtime rate.
Section 2. Members may request to exchange shifts, provided that exchange is
approved, which approval shall not be unreasonably withheld, and the City
shall not be obligated to pay overtime.
04/08/98 FOP
Ci ty]~
ARTICLE 33
GROUP INSURANCE
-46-
Section 1. The City shall provide 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 taw,
Section 2. The City shall provide one hundred percent (100%) of the cost of
individual coverage in a group health insurance policy,
Section 3. The health and dental insurance coverage currently in effect shall
not be reduced through Fiscal Years 1992/95.
04/08/98
Fop
Ci ty]~
ARTICLE 34
TUITION REIMBURSEMENT
-47-
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
uni versi ty.
Section 2. The member shall initially pay and be reimbursed by the City upon
presentation of documented completion of the course. College and/or
University program must be initially approved by the City Manager.
Section 3. Members attaining a grade of "A" or "B" shall be reimbursed for
i00% of the cost of a course. Members attaining a grade of "C" shall be
reimbursed for 50% of the cost of a course. In the evoent that a course is a
mandatory pass/fail course, a grade of passing shall be treated as a
satisfactory grade. Employees shall receive no,compensation for grades below
a "C".
Se~tion 4. Courses must lead to a degree in the fields of law enforcement.
criminal justice, public administration, or any other si milar police
profession discipline that may. in the opinion and with the approval of the
City Manager enhance the member's performance as a law enforcement officer.
04/08/98
FOP '
Ci ty]~
ARTICLE 35
DEPARTMENt~AL 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. In the event the City wishes to amend, revise or implement any new
rule, it shall give ten (10) days notice to the Union.
04/08/98 FOP
City
ARTICLE 36
SPECIAL DETAILS
-49-
Section 1. Off-duty police employment shall be defined as any police-related
duty that is performed or administered by a sworn employee which is paid for
by a private entity, through the City of Boynton Beach.
Section 2. When City facilities are used by other agencies or persons, any
desired security arrangements shall be at the option of the user. If the user
and/or the City determines that certi'fied police officers are to be required
at any public event, only Boynton Beach Police Department personnel shall be
used.
04/08/98
Fop
Ci ty_~
ARTICLE 37
GRIEVANCE AND ARBITRATION PROCEDURES
-50-
Section 1. A grievance is defined as a dispute between the City and the
Union, or the City and one or more employees, who are members of the
bargaining unit, concerning the interpretation or application of, or
compliance with specific terms of this Agreement.
Section 2. Grievances shall be settled in accordance with the following
procedure-
Step 1.,
04/08/98
Step 2.
An employee shall attempt to resolve any grievance with the
immediate supervisor within ten (10) working days of its
first occurrence or within ten (10) working days from the
time the employee became aware of the cause of the
complaint. A Union steward may be present if so requested.
Discussion shall be informal for the purposes of settling
the dispute. The decision of the immediate supervisor shall
be given orally to the employee no later than ten (10)
working days after the discussion.
If the grievance has not been resolved to the satisfaction
of thee~loyee at Step 2. the grievance may be reduced to
Step 3.
Step 4.
04/08/98
-51-
writing on a standard grievance form signed by the employee
and presented to the Captain within ten (lO) working days
after the immediate supervisor's response was rendered at
Step 1. The Captain shall conduct a meeting wi th the
affected employee or employees and the Union steward within
ten (lO) working days of receipt of the written grievance
and shall reply to the affected employees and the Union in
writing within ten (lO) days after the close of the meeting.
If the grievance is not settled to the satisfaction-of the
employees at Step 2, the decision may be appeal ed by
presenting the written grievance to the Police Chief not
later than ten (lO) days after receipt of the decision by
the Captain. The Police Chief shall conduct a meeting with
the affected employees and Union steward within ten (lO)
working days after receipt of the grievance and shall reply
to the affected employees and the Union in writing within
ten (lO) working days following the close of the meeting.
If the grievance is not resolved to the satisfaction of the
employee at Step 3, the Police Chief's decision may be
appealed to the City Manager not later than ten (lO) working
-52-
days after receipt of the Step 3 decision. The City Manager
shall meet with the affected employees and the Union steward
within ten (lO) working days following receipt of the
grievance and shall reply in writing within ten (10) working
days fol lowing the close of the meeting.
Section 3. For the purposes of this Article, a working day shall be 8:00 A,M.
to 5:00 P.M., Monday through Friday, exclusive of holidays observed by the
City.
Section 4. Time limits set forth above may be lengthened or shortened by
mutual agreement in writing. In the event that the Union or any employee
shall fail to abide by the time limits provided herein, the grievance shall be
deemed abandoned.
Section 5. In accordance with State law, the Union shall not be obligated to
process the grievance of a non-member.
Section '6, The Union shall have the right to file grievances in its own name
in the third step of the grievance procedure or any non-disciplinary matter
i nvot ving the interpretation or application of this Agreement.
Section 7. If any grievance is not satisfactorily resolved at the City
Manager level, the Union shall have the right to demand arbitration within ten
(10) days of receipt of the City Manager's decision. The Arbitrator shall be
04/08/98 FOP~ City[~
-53-
chosen i n accordance wi th the Ameri can Arbitration Association procedures,
Section 8, The~,arbitrator shall have exclusive jurisdiction and authority to
resolve grievances as defined in this Agreement.
the authority to issue subpoenas enforceable in
The arbitrator shall have
any court of competent
jurisdiction and shall administer oaths to all witnesses testifying in any
proceedings,
Section 9, The arbitrator shall have no power to change, amend, add to,
subtract from. or otherwise alter or supplement this Agreement or any part
thereof or any amendment thereto.
Section 10. The findings of the arbitrator made in accordance with this
Agreement shall be final and binding on all parties. The arbitrator's
decision shall be in writing and shall set forth the arbitrator's findings and
conclusions on the issues submitted unless otherwise agreed by the parties.
Section Ii. The costs for services of the arbitrator shall be borne equally by
the parties Any employee who is a grievant in a grievance proceeding shall
have the right to attend the arbitration at no loss of pay and time will be
charged to the Union time pool,
Section 12. Either party to this Agreement desiring for a transcript of the
arbitration shall be responsible for the cost of the transcript unless
otherwise agreed to in writing by the parties.
ARTICLE 38
PAST PRACTICES
-54-
All employment practices listed below shall remain in effect-
Ao
B.
C.
D.
E.
F.
G.
H.
I.
J.
Lockers.
Locker room shower, gym.
Shoes every six (6) months.
Provide weapons, equipment, gear appropriate to assignment.
Bul let proof vests.
Jackets, raincoat, boots.
Desk space, office supplies.
Approved and required travel expenses.
Use of City vehicl es for court when avai 1 able.
Three (3) complete uniforms per year, as needed.
04/08/98
ARTICLE 39
ENTIRE AGREEMENT
-55-
The parties agree that this Agreement constitutes the full and complete
understanding of the parties.
04/08/98
Fop ~
Ci ty_~
ARTICLE 40
PERSONAL VEHICLES
-56-
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 form
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 offici als, schools and semi nars.
04/08/98
City
ARTICLE 41
PROMOTIONS
-57-
Section 1. All testing for promotional positions shall be in accordance with
the City of Boynton Beach Civil Service Rules and Regulations.
Section 2. Should the Department determine to utilize an oral board as a
component of the testing procedure, said board shall consist of at least three
(3) persons, who are law enforcement officers of equal or greater rank from
jurisdictions other than the City of Boynton Beach.
Section 3. All decisions and scoring by the .board shall be made at the
conclusion of the interviews and must be arrived at a meeting of the Oral
Board.
Section 4. If possible, a Union representative who is not eligible for
promotion shall be present as an observer at all times while the board is
seated and charge time to the Union Time Pool if on duty.
Section 5. Whenever possible no numerical score shall be known by any person
until the completion of the entire promotional testing process. Where passage
of a component of the test is a necessary element of advancement to the next
component of the test, employees and assessing personnel shall be notified
only that an employ.ee is eligible or not eligible
04/08/98 FOP ~ C ity~
to advance in the
-58-
promotional process whenever possi bl e.
Section 6. Members passed over for promotion under the "Rule of Thre~' as
provided by the Civil Service rules and regulations of the City may reapply
for review to the City Manager whose decision shall be final.
04/08/98
ARTICLE 42
TEMPORARY ASSIGNMENT
-59-
Section 1. Sergeants acting in the capacity of Watch Commander shall be paid
five percent (5%) above the sergeant's regular rate of pay.
Section 2. The provisions of this Article shall not apply to persons
performing other than regular road patrol duties, including details.
04/08/98
ARTICLE 43
SAVINGS CLAUSE
-60-
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.
04/08/98 FOPY City ~-~
-61-
of a GCMS test.
ARTICLE 44
CHEMICAL TESTING
Section 1. The FOP and the City agree ~at the maintenance of professional
standards and the public confidence requires that there be a work place free
from substance abuse (including alcohol).
Section 2. Should any commander have a reasonable suspicion based upon
observable, objective factor to believe that a member of the bargaining unit
is under the influence of a controlled substance he may order the bargaining
unit member to submit to a chemical test in accordance with the provisions of
this article.
Section 2. Chemical tests may be performed either through urinalysis, blood
testing or hair cuttings, The choice of the test shall be that of the
employer. At the time a sample is drawn, the sample shall be divided into two
portions with a second portion reserved for any necessary retests that may,
occur in accordance with the provisions of this article.
Section 4. All tests shall first be performed through the use of an EMIT
screening procedure. In the event that the EMIT test results in a positive
finding for controlled substances the test shall be confirmed through the use
No test shall be considered final until confirmed by a GCMS
test.
04/08/98 FOP f
City
-62-
Section 5. In the event that an employee is found to have a positive test as
confirmed by GCMS, the employee may utilize the reserved sample For a
confirmatory test to be performed at a laboratory of the employee's choice.
In the event that the confirmatory test is positive, the employee may be
subject to disciplinary action. Any employee who, on his own initiative,
volunteers to participate in a substance abuse rehabilitation program when
such request to participate occurs prior to a chemical test, the employee
shall be permitted to utilize accrued vacation and/or sick leave to the extent
that such sick leave exists during the tenure of the rehabilitation program.
Any employee volunteering to participate in such a program shall not be
subjected to any di sci pli nary action.
Section 6. All records of
rehabilitation programs shall
chemical testing and parti ci pati on i n
be treated as medical records and therefore
exempt under the Florida Public Records Law.
Section 7. Nothing in this section shall prohibit the City from directing
that an employee submit to physical examination when the employer has reason
to believe that the employee is otherwise unfit for duty.
Section 8. All chemical tests shall be performed in accordance with accepted
scientific standards for the collection of chemical test samples and the
requirements of chain of custody shall be observed. Employees required to
04/08/98 FOP ~ City~
-63-
submit to a chemical teSt shall, upon request, have the right to be
accompanies by a union representative at all stages of the testing procedure.
04/08/98
City
ARTICLE 45
DURATION:OF AGREEMENT
Section 1. This agreement shall be effective October 1, 1997 and shall
continue in full force and effect up through and including September 30, 1998.
Section 2. This Agreement shall be for a period of one (1) year. Both parties
agree to ~n~t~ate bargaining for the contract period starting October 1, 1998
after May 1, 1998.
04/08/98 FOP ~
City (~
-65-
Agreed to this day of 19__ by and between
the respective parties through the authorized representatives of the Union and
the Ci ry.
Wi tn'es's
BY-
POL ICE SERGEANTS
FFLATERNAL ORDER OF POLICE
Chi ef Representative
Wi tness
CITY OF BOYNTON BEACH
Mayor ~F~/~
A1-FEST:
Ci ~ Clerk
APPROVED AS TO FORM
04/08/98 FOP~~__
di ty ~nager
City
-66-
Ratified By City Commission
Date
Rati fi
Date
eF
by Union Members
04/08/98
City
Fraternal Order of Police
FLORIDA LABOR COUNCIL, INC.
March 30, 1998
Dale S. Sugerman
Assistant City Manager
100 E. Boynton Beach Blvd.
BoyntonBeach, FL 33425
Dear Mr. Sugerman,
I am happy to advise you that "Comract Ratification" was held on this date for the
Sergeant's and Lieutenant's and the results were as follows:
A majority of the Bargaining Unit Members voted and the comract was RATIFIED.
If you have any questions please feel free to comact me.
I would like to thank you in advance for your time in this matter.
George F. Hachigian
Staff Represemative
2404 E Sunrise Blvd.
Ft. Lauderdale, FL 33304
954-561-3555
CC: Lt. Chris Yanuzzi
Sgt. Paul Sheridan
PAGE 02
Fraternal Order o! Police
FLORIDA LABOR COUNCIL, INC.
Tl~e City of Boyaton Beach, Florida and tl~ Florida State Lodge Fraternal Order of Polbe, as
~the ~ai~M b~$~ag u~t for the C~ty's Poli~ Sergeant's ~d Poli~ Li~ten~t's, a~e the
which ~lls ~.~ October 1, 1997 as long u the employee has r~gved a ~at~f~o~ rati~ or a~ve
on th~ peffo~ance evalua~on. We a~ ~ ~llo~-s:
The contracn between the City of Boyntori Beach aud tl~e Florida State Lodge and the
Fraternal Order of Police sh~ll be extended for one (1) year through
September 30, 1998, subject to the same terins and r. atditionS, except that
ARTICLE 12 for Sergeant's and ARTICLE 14 tot Lieutenant's shall reflect the above.
All other ARTICLES cf the Collective Bargaining Agreement shall remain the same,
~oth parties aSre~ to inifiatt bargaining for the comract period
October 1, 1998 aRer May 1, 1998.
The terms ofthh I. ztter of Agreement shall be subject to ratification by thc City
Commission and the Fraternal Order of Police.
^CCEPTED AND AORFJgD TO this _~~ day of ~id/'~,_ C' , I998.
FLORIDA STATE LODGE FRATERNAL ORDER ~ POLICE
'Y: ~~
Oeor~e F, Hachi$ian, tative
CITY OF BOYNTON;
By: _ ~
Dale S. Sugerma~, ~si~tat~! City Manager