R07-124
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RESOLUTION R07- la ct
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE
PALM BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION POLICE OFFICERS AND
DETECTIVES FOR THE PERIOD OF OCTOBER 1,
2007 THROUGH SEPTEMBER 30, 2010, AND
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach and the Palm Beach County Police
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Benevolent Association (PBA) - Police Officers and Detectives have successfully
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concluded negotiations for a three (3) year contract; and
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WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
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and
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WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
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the best interests of the residents and citizens of the City to ratify the Agreement and
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execute the same; and
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
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ratified and confirmed by the City Commission.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
31 hereby ratify the Agreement between the City of Boynton Beach and the Palm Beach
32 County Police Benevolent Association (PBA) - Police OfficerslDetectives for the period
S:\CA\RESO\Agreements\CBA Ratifications\PBA - PatroI2007-201O.doc
"
of October 1, 2007 through September 30,2010, and authorizing and directing the Mayor
2 and City Clerk to execute the Agreement, a copy of said agreement being attached hereto
3 as Exhibit "A".
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Section 3.
This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this _ day of October, 2007.
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ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
#~~
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Commissioner - Carl McKoy
S:\CA \RESO\Agreements\CBA Ratifications\PBA - Patrol 2007-20 10.doc
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CITY CLERK'S OFFICE
MEMORANDUM
TO:
Matt Immler
Police Chief
FROM:
Janet Prainito
City Clerk
DATE:
October 22, 2007
RE:
R07-124 - Collective Bargaining Agreement with Police Officers
and Detectives
Attached for your information and files is a copy of the above-mentioned Resolution and
a copy of the Collective Bargaining Agreement. I have retained the original agreement
in the City Clerk's Office for Central File. Please contact me if there are any questions.
Thank you.
~m.P~
Attachment
c: Central File, Sharyn Goebelt
S:\CC\WP\AFfER COMMISSION\Departmental Transmittals\2007\Matt Immler - Police Chief - R07-124 - Collective Bargaining
Agreement Police Officers & Detectives.doc
AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
POLICE OFFICERS AND DETECTIVES
OCTOBER 1, 2007 - SEPTEMBER 30, 2010
R07- Id.Y
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TABLE OF CONTENTS
ARTICLE
Preamble
Recognition
Non- Discrimination
Dues Deduction
Union Business
Bulletin Board
Eligibility for Promotion
Vacancies
Management Rights
Advisory Committee
Hours of Work and Overtime
Wages
Seniority
Additional Monetary Benefits
Uniforms
Medical Expenses
Group Insurance
Leaves
Holidays
Funeral Expenses
Equipment Maintenance & Safety
Training
Career Path Program
Personnel Records
Legal Action
Discipline Appeals
Grievance Procedure
Rights of Bargaining Unit Members
Under Investigation
Past Practices
Personal Vehicles
Department Polices, Rules & Regulations
Posting
Complete Agreement and Waiver Clause
SeverabIity
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P AGE NO
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Duration
Take Home Vehicles
Longevity Pay
Re- Establishment of Detective's Rank
Signature Page
Appendix A
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ARTICLE 1
PREAMBLE
This Agreement is entered into by the City of Boynton Beach, FIorida, hereinafter
referred to as the "City" and PaIm Beach County Police Benevolent Association, located in West
PaIm Beach, Florida, hereinafter referred to as the "PBA", for the purpose of setting forth the
Parties' Agreements regarding rights, wages, hours, terms, and conditions of employment, and
benefits.
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ARTICLE 2
RECOGNITION
The City hereby recogmzes the PaIm Beach County Police Benevolent Association
("PBA") as the exclusive representative for the purpose of collective bargaining with respect to
wages, hours and terms and conditions of employment for the bargaining unit consisting of all
full time sworn police officers within the following job classifications: Police Officer and Police
Detective, or as modified by PERC. The term "member" or "employee" will mean any member
in the bargaining unit.
The City agrees that all correspondence, communication, or notice required by law or
otherwise pertaining to bargaining unit members' wages, hours, and terms and conditions of
employment shall be directed to:
John Kazanjian, President
Palm Beach County Police BenevoIent Association, Inc.
2100 N. Florida Mango Road
West Palm Beach, FIorida 33409
Attention: GeneraI CounseI
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ARTICLE 3
NON-DISCRIMINA TION
The City will not interfere with the rights of officers to become members of the PBA, and
there shall be no discrimination, interference, restraint or coercion by the City, or any City
representative, against any officer because of membership or because of any activity in any
official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining
unit member who fails to join the PBA, as provided by Iaw.
The City and the PBA oppose discriminatory behavior of any nature. The City and the
PBA shall work jointly to eradicate discriminatory conduct in the work place. To that end, the
City and the PBA 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 empIoyee can resuIt in disciplinary action up to and including
termination. Discriminatory conduct means any communication, verbaI or non-verbaI, which is
unwelcome, objectionable, or not acceptabIe, desired, or solicited and reIates to race, sex, coIor,
religion, nationaI origin, handicap, familial status, sexuaI orientation, age, or marital status.
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ARTICLE 4
DUES DEDUCTION
Upon receipt of a notice from the PBA and approved by the City which has been
voluntarily executed by a City employee who is a member of the bargaining unit, the City will
deduct from the pay due the empIoyee, those dues and uniform assessments required to retain
PBA membership as certified by the PBA. The totaI amount of deductions shall be remitted each
month by the City to the Treasurer of the PBA. This authorization shall remain in full force and
effect during the term of this Agreement or for thirty (30) days after notification of the
revocation of the authorization to deduct by the empIoyee.
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ARTICLE 5
UNION BUSINESS
Section I.
Elected PBA representatives will be granted paid leave to engage III
representation activities on behalf of the PBA or any member as follows:
A. Engaging in collective bargaining with the representatives of the CITY.
B. Processing of grievances.
C. Accompanying a fellow empIoyee when:
1. The empIoyee is required to appear at a hearing reIated to a grievance.
2. The employee is presenting or responding to a grievance.
3. The employee is subject to interrogation in conjunction with an internal
affairs investigation.
4. The empIoyee is attending a pre-determination hearing.
The CITY may stop the use of such time off if it interferes with productivity or staffing
needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or
capricious, nor shall it allow the CITY to proceed in a manner which deprives the employee of
his or her right of representation.
A PBA representative shall be permitted Ieave to attend functions of the PBA, provided
that such Ieave shall be at no cost to the CITY and representatives shall use the PBA time pool.
The PBA representative must be a member of the bargaining unit.
Section 2.
No employee shall engage in PBA business whiIe on duty except as
referenced in Section 1.
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ARTICLE 6
BULLETIN BOARD
The City will provide bulletin board space; one in the Line Up Room and one in the
Investigative Services Section for the exclusive use of the PBA, for posting bulletins, notices and
other union material. A notice or item pIaced on the bulletin board shall bear, on its face, the
IegibIe designation of the PBA responsible for placing of this notice or item on the bulletin
board.
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ARTICLE 7
ELIGIBILITY FOR PROMOTION
Section 1.
Only persons who have served a minimum of (3) three consecutive years
immediately preceding the date of testing as a sworn Iaw enforcement officer in the City of
Boynton Beach shall be eligible to take the test for the rank of Sergeant.
Section 2.
OnIy persons who have served a minimum of two (2) consecutive years
immediately preceding the date of testing as a sworn law enforcement officer with the City of
Boynton Beach shall be eligible to take the test for the rank of Detective 1 st Grade.
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ARTICLE 8
VACANCIES
Consistent with the City's recruitment and seIection policy (PPM Chapter 06), vacant
positions shall be filled by the City through recruitment and seIection of employees on the basis
of their qualifications and relative knowIedge, abilities, and skills.
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ARTICLE 9
MANAGEMENT RIGHTS
Section I.
The PBA recognizes that except as provided in this Agreement and by law
the City has the exclusive right to manage and direct the Police Department. Accordingly, but
not by way of limitation, the City retains the exclusive right to:
A. To establish procedures to hire, promote, and layoff employees.
B. Discharge and suspend employees for cause.
C. Transfer empIoyees 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
or the Iaw.
H. Introduce new services, procedures, materials, faciIities and equipment.
1. To require employees to submit to physical, medical, and psychological testing to
determine fitness for duty. No bargaining unit member shall be ordered to submit
to physical, medical or psychologicaI testing to determine fitness for duty without
such testing being approved by the PoI ice Chief and the City Manager.
J. Determine and change the equipment and materials provided to or not provided to
employees.
K. Add to or change the qualifications necessary for any job classification.
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L. Create, alter or disband any Departmental unit or transfer members based upon
the needs of the Department as determined by the Chief.
M. The City is a Drug Free WorkpIace and has established a Drug Free Workplace
Policy. The City supports random drug testing for all bargaining unit members.
The City reserves to itself the power to order empIoyees to submit to reasonable
suspicion or random drug testing, subject to compliance with the testing/sampIe
handIing procedures as set forth in Florida Statute and the Florida Administrative
Code, as referenced in the City's Drug Free Workplace PoIicy. The City agrees to
use State certified laboratories for all drug testing.
If the City faiIs to exercise anyone 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 priviIege of the City not specifically reIinquished by the City in this Agreement or
limited by law 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 impIemented after said impact
bargaining.
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ARTICLE 10
ADVISORY COMMITTEE
Section I. By mutual agreement between the City and the PBA, they may establish a
joint committee. The PBA membership shall consist of persons designated by the PBA from
within the position classifications covered by this Agreement, and members designated by the
Chief of Police shall consist of persons within the Department, but outside the bargaining unit.
Section 2.
This committee may meet as needed by mutual consent, and meetings may
be held between the hours of 8:00 AM. and 5:00 P.M., Monday through Friday or at another
mutually agreeable time. If a meeting is held during working hours of an employee participant,
said participant may be excused without loss of pay for that purpose. Attendance for a meeting
outside of reguIar working hours shall not be deemed as time worked and participants will not
receive additional payor Ieave benefits.
Section 3. Attendance by other than members of the PBA and City Administrative
Officers will be by agreement of a majority of the members of the Committee and shall first
receive the approval of the Chief of Police.
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ARTICLE 11
HOURS OF WORK
AND OVERTIME
Section 1.
The work cycle for bargaining unit members assigned to 11.5 hour shifts
is a 28 day work cycle. The work cycle per bargaining members assigned to 8 and 10 hour shifts
is a 7 day work cycle. For the purpose of calcuIating overtime, bargaining unit members assigned
to the 11.5 hour shift will be paid overtime for all hours worked in excess of 171 hours in a 28
day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to
the 8 or 10 hour shifts will be paid overtime for all hours worked in excess of 40 hours in a 7 day
work cycle.
For purposes of calculating overtime, only hours actually worked, or hours worked for
Department authorized training shall be counted as hours worked.
Overtime pay, when so granted, will normally be contained in the member's next regular
pay check following the time worked.
Employees who are in a duty status seven (7) minutes either prior to or after their shift
will not be eIigible for overtime pay. Employees who are in a duty status more than seven (7)
minutes either prior to or after their shift must be so onIy with the Supervisor's approvaI in order
to be eligible for overtime pay.
Section 2.
Pursuant to Article 9, Section ID, it is a Management Right to establish
and change the starting and quitting times and the number of hours and shifts to be worked. The
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City agrees that work scheduIes will not be changed soIeIy for the purpose of avoiding the
payment of overtime and/or overtime rates of pay as provided by this Agreement. Uniform
Services shift scheduIes shall not be changed without the City providing thirty (30) days
advanced notice to the Union of the change.
Section 3. No member of the Bargaining Unit shall be required or allowed to work
more than sixteen (16) continuous hours except during a declared emergency or during an
ongoing immediate investigation. Members of the Bargaining Unit acknowIedge that they have
an obligation to come to work physically and mentally prepared to efficiently and effectiveIy
carry out their responsibilities. No member of the bargaining unit shall be scheduIed either by
the department or through shift swaps, detaiIs, or over-time, to work more than 16 hours of duty
in a 24 hour period, except during emergencies or where overtime is required to complete an on
duty assignment, i.e. Iate arrest. For the purpose of this section, duty means regular assigned
duties and detail assignments, not to include court, depositions, filings, and simiIar judiciaI
responsibilities.
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Section .L
implemented.
ARTICLE 12
WAGES
Effective October 1, 2007 the following Step Pay Plan shall be
$44,800.00 $44,800.00 $45,472.00 $46,836.16 $48,241.24 $49,688.48 $50,682.25
$47,000.00 $47,000.00 $47,705.00 $49,135.15 $50,610.23 $52,128.54 $53,171.11
$49,200.00 $49,200.00 $49,938.00 $51,436.14 $52,979.22 $54,568.60 $55,659.97
$51,400.00 $51,400.00 $52,171.00 $53,736.13 $55,348.21 $57,008.66 $58,148.83
$53,600.00 $53,600.00 $54,404.00 $56,036.12 $57,717.20 $59,448.72 $60,637.69
$55,800.00 $55,800.00 $56,637.00 $58,336.11 $60,086.19 $61.888.78 $63,126.55
$58,000.00 $58,000.00 $58,870.00 $60,636.10 $62,455.18 $64,328.84 $65,615.42
$60,200.00 $60,200.00 $61,103.00 $62,936.09 $64,824.17 $66,768.90 $68,104.28
$62,400.00 $62,400.00 $63,336.00 $65,236.08 $67,193.16 $69,208.96 $70,593.14
$64,600.00 $64,600.00 $65,569.07 $67,536.07 $69,562.15 $71,649.02 $73,082.00
$66,800.00 $66,800.00 $67,802.00 $69,836.06 $71,931.14 $74,089.08 $75,570.86
ADJUSTMENT COLA MERIT COLA MERIT COLA MERIT
RAISE RAISE RAISE
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Section 2. The pay plan will be implemented as follows starting on Oct 1 2007. Every
Officer's wage will be increased according to the column labeled "adjustment" on Oct 1 2007.
This will pIace all the Officers in the correct wage/salary to begin the pay plan. Each step in the
pIan signifies one complete year of sworn service with the Police Department. Thus if an officer
has completed four (4) years and seven (7) months as of October 1, 2007, he/she would be
adjusted to STEP 4. Officers who are currently being paid a rate higher than the STEP they
wouId fall into, will proceed upward to the first nearest STEP that affords them a raise. This
scenario is expIained beIow in Example 3. For the purposes of these calculations, the yearly
saIary will be a reflection of the appropriate hourly rate multipIied by the number "2080". The
pay plan is based on COLA raises on Oct 1 sl 2008 & 2009, as well as a pay-per-performance
raises on ApriI 1 sl 2008, 2009, 2010. The scale will be read as follows. Once the officer is
placed into the scale by current years completed on Oct 1 2007, they will progress through the
scale, and raises will be given according to years compIeted on those dates of Oct 1 and ApriI I.
See Appendix A for Examples 1, 2 and 3
Section 3. The rank of Detective will be handled the same way, upon implementation
of pIan on Oct 1 2007 the onIy member serving in the rank of Detective (Athol) will be
reclassified to Detective 1 st Grade and will be brought to his "adjusted wage" and will be pIaced
into the Step 10 wage as he has completed 10+ years in the rank of Detective as of 10-1-07. He
will proceed along the bottom line of the pay plan as he will be maxed out in years in rank for
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the duration of the contract. No other member of this union will be eligible for this pay grade
prior to passing a promotional exam approved by the Chief of Police.
Section 4. Should a promotion occur from PatroIman to Detective 1 st Grade or from
Detective 1 Sl Grade to Sgt it will be handled as follows: A promotion will consist of a 10%
increase to the employees current rate of pay. This will increase the employee's rate of pay to a
number that will inevitably fall between two steps of the plan's designated pay rates for that date.
To ensure the integrity of the plan no one will make a wage other then specified by the pIan's
pay scale. This newly promoted employee will be placed into the higher of the two rates they
fall between. Should a 10% increase leave that employee below the "starting" rate for that rank
on that date, they will be brought to the starting salary for that rank and proceed through the plan
accordingl y.
See Appendix A for Examples 4 and 5
The promotion to the rank of Detective 151 Grade from patrolman will follow the same
procedures according to the Detective 1 sl Grade's pay scale.
Should a demotion occur from SGT to Patrolman, or SGT to Detective 15t Grade
(* * *note* * * this wouId only be possible if the SGT held the "rank" of Detective prior to 10-1-07
or the "rank" or Detective 1 st Grade after 10-1-07 being promoted to SGT) a 10% decrease will
occur in the employee's rate of pay and he/she will again fall between two pay rates. The greater
of the two rates will then be applied. If the employee that is demoted and as a result of the 10%
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decrease Iands above the max scale for that rank, he/she will be Iowered to the max rate of pay
for that rank at that time.
A starting empIoyee will proceed through the scaIe as follows depending on their date of
hire. If the new employee is hired between Oct 15t and March 31 st they will proceed as follows.
The empIoyee will be hired at the starting rate of pay according to the pay scale on their date of
hire. They will proceed at that rate of pay untiI they reach their one year anniversary. Upon the
exact date of their one year anniversary the empIoyee will be brought up to the correct pay per
the scaIe. The April 1 st performance raise will not be applicabIe until that empIoyee has
compIeted one full year. The COLA raise will be given to every employee on Oct 15t no matter
their time in service. The following are two exampIes as to how this will work.
See Appendix A for ExampIes 6 and 7
Section 5. The City's performance based compensation system represents an integraI
component of an empIoyee's opportunity to progress through the Step Pay PIan. The procedures
for conducting annuaI performance evaIuations for all Police Department personnel is set forth in
the Police Department Written Directives, Index Code 700. On ratification of this Agreement,
the annuaI evaIuation cycles will be adjusted to provide a preIiminary evaIuation in November of
each year, commencing November 2007 and a finaI annuaI evaIuation in February of each year,
commencing February 2008.
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Section 6.
EmpIoyees must receive an evaIuation of satisfactory or above to progress
to the next higher Step in the Step Pay Plan. In the event an employee receives a less than
satisfactory performance evaIuation during any annuaI evaIuation period, that empIoyee shall not
be moved up to the next higher Step in the Step Pay PIan. Instead, the empIoyee's move to the
next higher Step will be deIayed for a period of ninety (90) days, at which time the empIoyee
will be re-evaIuated. In the event an employee receives a satisfactory or greater performance
evaIuation, then that empIoyee shall be moved up to the next higher Step effective the first full
payroll after the compIetion of ninety (90) days. If the empIoyee does not receive a satisfactory
or greater evaIuation an additionaI and finaI ninety (90) days re-review period shall begin.
FaiIure to achieve a satisfactory or greater evaIuation at the end of the second ninety (90) day
period constitutes grounds for just cause discipIine.
Section 7.
The City may make changes III the current performance appraisal
instrument onIy after the PBA has had the opportunity to provide input on the instrument.
Section 8. Attendance is an integraI component of performance. In the event an
employee has been pIaced on restrictive sick Ieave pursuant to DepartmentaI Policy, a copy of
which is attached hereto as Exhibit "A", (excluding FamiIy MedicaI Leave) during any annuaI
evaIuation period, that employee shall not be eIigible for a wage adjustment. Instead, the
empIoyee's wage adjustment shall be deIayed for a period of ninety (90) days, during which it
will be determined if the empIoyee has had more occasions of unexcused sick Ieave. In the event
an empIoyee does not have an additionaI occasion of use unexcused sick Ieave, then that
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employee shall be granted the wage adjustment on the first full payroll after the compIetion of
ninety (90) days. The empIoyee's deniaI of a wage adjustment shall continue in ninety (90) day
increments each time an empIoyee has one or more additionaI occasions of unexcused sick Ieave.
Section 9. Assignment Pay
Effective October 1, 2007 bargaining unit members as provided beIow shall receIve
increases to their Step Plan base rates of pay as follows:
A. SWAT (SpeciaI Weapons & Tactics) Those members who have successfully
completed testing and are seIected as a member of the Police Department SW A T
Team, shall be compensated an additionaI 10% for hazardous duty pay during
those hours that the members are utilized in the resolution of hostage rescue,
barricade incidents, or otherwise activated to perform some enforcement function
as a team.
B. K-9 Unit. Members assigned to the K-9 Unit will receive one (1) hour of overtime
for K-9 care, equipment maintenance and vehicle cleaning for each RDO,
vacation day where the dog is not kenneIed or otherwise boarded. K-9 officers
will be allowed one (I) hour of duty time per work day to tend to K-9 care,
equipment maintenance and vehicle cleaning. Members on vacation will be
credited one hour per day for K-9 care, equipment maintenance and vehicle
cleaning.
C. Officers, while assigned as FieId Training Officers and who have completed
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successfully the required 40-hour training shall be compensated an additionaI five
(5%).
Section 10. In the event of the passage of a State Constitutional Amendment or State
LegisIative Enactment which will alter or affect the flow of revenue to the City during the term
of this agreement, the wage/rate of pay articles of the Agreement may, at the written request of
the City, be reopened for negotiations.
Reopened negotiations shall commence and be concluded within forty-five (45) caIendar
days of the date the City gives written notice to the PBA of the City's request to reopen
negotiations. If an agreement is not reached within forty-five (45) calendar days, the
negotiations shall be deemed at impasse and the impasse issue shall be submitted to the City
Commission at the second Commission meeting following the expiration of the forty-five (45)
days. The City and the PBA waive the appointment of as special magistrate to resoIve the
impasse and agree that the City Commission shall resoIve the impasse issues in accordance with
the provisions of 447.403 Florida Statutes.
During the negotiations and the impasse process, if any, the base wages of bargaining
unit employees will be frozen at the IeveIs in place at the time the City requests to reopen
negotiations and no subsequent base wage increases will occur except as thereafter negotiated by
the City and the PBA, or, in the event the reopened negotiations do not result in a ratified
agreement, as imposed by the City Commission through the impasse process.
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ARTICLE 13
SENIORITY
Section I.
The City agrees that seniority shall consist of continuous accumuIated paid
sworn service with the Boynton Beach PoIice Department. Seniority shall be computed from the
date of appointment. Seniority shall accumuIate during absences because of illness, injury in the
line of duty, vacation, miIitary Ieave or any other authorized Ieave of absence.
Section 2.
The City agrees that seniority shall govern the following matters:
A. Filling temporary vacancies. See Article 14, Section 3.
B. Layoffs will be in reverse order of seniority.
C. SeIection of day or night shift and starting time.
D. Any speciaI event (HoIiday Parade, JuIy 4th, or any other event) shall be offered
through a rotating Iist of bargaining unit personneI based upon Department
seniority. This section does not appIy to speciaI details which require specified
and estabIished training and skills.
Section 3.
Assignments to platoons, divisions, and units, is a management right.
Seniority will be given great weight in the selection process, after qualifications and baIance of
personneI are considered. Seniority may not in all cases be a prevailing quaIification or the so Ie
basis for the seIection. The decision may be reviewed upon request by the Chief of PoIice who
has the final decision.
Section 4.
In the event of a declared emergency alternate shifts or work scheduIes
may be adopted by the Chief of PoIice as needed.
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Section 5.
Bargaining unit members who are demoted, voIuntarily or involuntariIy,
and thereafter regain the rank from which they were demoted, shall have their seniority in rank
bridged upon compIetion of their promotional probation. This will be appIied retroactively to all
employees for the purposes of call sign and pay scaIe calcuIations.
Example: A Detective with five (5) years in rank is demoted to
patroIman. After three (3) years as a patrolman, the former Detective is promoted again
to Detective. Upon compIetion of his or her probationary period, the subject Detective is
a six (6) year Detective; that is, he or she has six(6) years seniority in rank.
Section 6.
It is understood and agreed that bargaining unit members who separate
from empIoyment with the Boynton Beach Police Department and thereafter return to
empIoyment shall not be permitted to bridge seniority.
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ARTICLE 14
ADDITIONAL MONETARY BENEFITS
Section 1. Compensatory Time
Members of the Bargaining Unit shall have the option of accumuIating a maximum of
eighty (80) hours, per fiscaI year, of compensatory time at time and one haIf. A bargaining unit
member who is promoted to a position outside the bargaining unit, or who retires, or who is
terminated, will be paid the baIance of all unused compensatory time. Compensatory time
earned and accumulated shall be paid off totally in September of the fiscaI year if not utilized by
the end of the month of August. .
Section 2. SpeciaI DetaiI Assignment
All Bargaining Unit Members assigned to cover speciaI detaiIs may report directIy to
their assignment without prior checking in or out at the poIice station, but must advise a
supervisor personally or by radio. Bargaining unit members assigned to a special detaiI shall
comply with all current department poIicies and procedures in effect.
Section 3.
Call back is defined as any time an officer is called into work when he/she
is off duty, or when the work time is not contiguous with his/her assigned shift. In the event of
call back the empIoyee shall be compensated for the actual time worked, but not less than three
(3) hours at the rate of pay one and one-haIf (1 1/2) times his or her reguIar rate of pay. When an
officer is called for call back he/she will be guaranteed a minimum of three (3) hours at time and
26
one-haIf and at his/her supervisor's discretion the officer may be required to work the entire three
hours or Ionger. When an officer is called for call back his/her supervisor will indicate as to
whether or not he/she shouId arrive in uniform or in pIain clothes, ifthe option is avaiIabIe.
Call back shall be handIed as follows:
Step 1 Vacancies filled with the off-going shift pIatoon by seniority.
Step 2 Vacancies filled by other pIatoon that works the same shift but is regular day off
Step 3 Vacancies filled by other platoon that works the opposite shift (e.g. vacancy on
Al is offered to BA, 5, 6). Variance to Step 3-the first day back on the shift will make
the opposite shifts ineIigibIe to work. This occurs on Monday, Wednesday and Friday.
Step 4 All patrol officers not previousIy covered by seniority
Step 5 Vacancies will be offered to Detectives
Step 6 Ordered in by reverse seniority
The 16 hour maximum hours worked ruIe appIies to all call-back.
Section 4.
Court Time
A. Court time will be paid at time and one-haIf when the officer is not on his reguIar
assignment. An officer on court time will be compensated a minimum of three (3)
hours at time and one-half.
B. An empIoyee who has been instructed to remain on standby for court appearance
purposes during the empIoyee's off-duty hours shall be paid one-haIf the straight
time hourly rate for each hour on standby up to a maximum of eight (8) hours of
standby duty in anyone day. A minimum payment of one (1) hour straight time
shall be paid for all standby assignments. When an employee is required to stand
by for eight (8) hours, the empIoyee shall receive four (4) hours plus one (1)
additionaI hour at straight time. If an officer does go to court he will be paid for
27
the court time indicated in Section A and not receive standby time pay.
C. Bargaining unit members may report directIy to court without prior check in at the
poIice station. Members are still required to document their attendance at the
court house and submit documentation to the Department.
Section 5.
On Call
Any bargaining unit member who is on an "on-call" (on-pager) basis other than court
time as outlined in Article 14, Section 4 shall receive compensation of one hour of pay at time
and one half for each day (24 hour period) on call. No member will be placed "on-call" without
the approvaI of a division commander or other member authorized by the Chief of PoIice.
Section 6.
The City will establish the hours of work best suited to meet the
operationaI and fiscaI needs of the Department. Any officer who accepts and participates in a
shift swap will follow the proper protocol. If the officer is sick and cannot meet his/her
obligation to work the shift, they are permitted to find a repIacement without penalty. If any
officer abuses this privilege by calling in sick the first time, they will Iose the sick time (per
hour) and be suspended from shift swaps for three (3) months. The second subsequent sick call
will be a six (6) month suspension from shift swaps, and the third sick call couId force the
member to be permanentIy disqualified from shift swaps. The member calling in sick will not be
penalized if they provide a Iegitimate excuse or provide documentation of being sick.
Section 7. Shift Changes - EmpIoyer
An officer will be given adequate advance notice as determined by the Chief of any
28
change in his/her reguIar hours of work except when an emergency exists. Notice given Iess
than forty-eight (48) hours before any changed schedule (assignment days or days off) is to take
effect, entitles the officer to receive compensation at the rate of one and one-haIf (1.5) times
his/her reguIar saIary for the first day of his/her tour of duty.
Section 8.
The City agrees that any member required to be out of PaIm Beach County
to attend court, seminars, or for any other reason as a result of his/her duties as a police officer,
except if the officer is exclusiveIy the pIaintiff in a personal civil action, will be paid his/her
regular rate of pay for each day or partiaI day required for said purposes. There will be no
overtime compensation.
Section 9.
Officer in Charge ("OIC") or Investigator in Charge ("IIC")
Whenever a bargaining unit member is assigned to fulfill the responsibilities of a
supervisor for a period of four (4) or more consecutive hours, his/her reguIar rate of pay shall be
increased by five percent (5%) for all such hours.
A. The City agrees that when assigning a Police Officer supervisory duties it shall
designate the officer on-duty who is highest on the promotional list for Sergeant.
If there is neither a promotionaI Iist nor an on-duty officer on the list, if a Iist
exists, the City agrees to assign the most senior on-duty FieId Training Officer as
OIC.
B. The City agrees that when assigning an Investigator or Detective supervIsory
duties it shall designate the senior Detective 1 st Grade, the Investigator who is
29
highest on the promotional Iist for Detective 15t Grade, or the senior Investigator
(in that order) to that assignment. If there is neither a promotional list nor an on-
duty Investigator on the Iist, if a Iist exists, the City agrees to assign the most
senior on-duty Detective 1 st Grade or Investigator as the IIC.
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ARTICLE 15
UNIFORMS
Section 1.
The City will provide up to three (3) full uniforms per year and shoes
every six (6) months on an as-need basis. The City will supply repIacements for the parts of the
uniform when repIacement is appropriate, as determined by the Chief, and if adequate funds are
availabIe in the City Budget. The Detectives and other members of the bargaining unit assigned
to plain clothes duty will receive, in lieu of uniforms, a totaI of $1,600.00 a fiscal year, paid in
$400.00 installments at the end of each quarter and pro-rated as appropriate.
Section 2.
Reimbursement, repIacement or repair of personaI clothing and equipment
will be according to current department policies and procedures. The repIacement will require
the approval of the Chief of Police. The Detective or Uniformed Officer claiming a repIacement
will be required to include, with his/her claim, an expIanation of the circumstances of the
damage and appropriate reports concerning the incident where damage to his uniform took pIace.
This allowance shall commence from the date of assignment on a pro-rated basis. Uniformed
Officers assigned to pIain clothes duty for more than three (3) months at a time will receive
clothing allowance in accord with the above for the three (3) months and pro-rated thereafter.
Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per
week for the contract year. The City shall notify those empIoyees that are eIigibIe, to take their
uniforms onIy to the approved dry cleaning estabIishment in Boynton Beach selected by the City.
Detectives and other members assigned to pIain clothes will be given a cash cleaning suppIement
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equivaIent to the cleaning benefit provided to uniform officers. 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.
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ARTICLE 16
MEDICAL EXPENSES
Section 1.
Members of the bargaining unit will be responsibIe for scheduIing and
completing a physical examination every other year beginning in October 2008. PhysicaIs will be
compIeted by a medicaI doctor (M.D. or D.O.) and will be conducted at the officer's expense not
to exceed $100.00. The city will not be responsibIe for expenses if they exceed $100.00 and if
this occurs, the physicaI exam and it's expense will be a voIuntary item for the bargaining unit
member The results of the physicaI will be reported to the City on a form approved by the City
for such purpose.
Section 2.
Any condition of disability resulting from Hepatitis, Acquired Immune
Deficiency Syndrome (AIDS), TubercuIosis, MeningococcaI Meningitis, or Herpes SimpIex 1,
estabIished to have been occurred in the line of duty shall be covered the same as any other duty
Ill] ury.
Section 3.
The City shall provide an immunization scheduIe during the life of this
Agreement for any member who wants to be immunized for Hepatitis-Type B. It is incumbent
upon the bargaining unit member to notify the Department shouId they desire said immunization.
Said immunization shall be administered by medically quaIified personnel.
Section 4. The City shall bear the costs oflead testing for the Range Instructor(s).
33
Section 5.
The City will provide for AIDS and Hepatitis screening in all instances
where a member is exposed to situations/persons presenting a biological contamination threat.
Results of these tests will be kept confidential.
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ARTICLE 17
GROUP INSURANCE
Section 1.
Medical, Vision and Dental Insurance
The City shall pay the total medical, vision and dental insurance premIUm for all
bargaining unit members. The members will pay the full cost of medical, vision and all but
$7.00 (see Section 3 of this article) of the dental insurance for their dependents. Existing
coverage leveIs and benefits shall remain in effect untiI at Ieast September 30, 2008. In the event
the City changes benefit options for employees after September 30, 2008, then the health
insurance coverage for the employee and their dependants may be amended from time to time. In
this connection, should the employees' cost to provide dependent coverage for their dependents
increase more than 15 % during any fiscaI year, the City agrees to open this Article for the
purpose of bargaining. The review and selection of insurance coverage shall be made on an
annual basis by the City. To that end, the City will form an insurance advisory committee to be
comprised of an equaI number of non-represented members who are appointed by the City
Manager and two members from each of the city's bargaining units. Bargaining unit
representatives shall be designated by the PBA. The final decision regarding seIection of insurers
is reserved to the City, but the City shall strongly consider input and recommendations from the
insurance advisory committee.
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Section 2.
Life Insurance
Members of the bargaining unit shall be covered by $35,000 of group life insurance with
the premium paid by the City.
Section 3.
I>entalInsurance
A group dental insurance program will be provided by the City and the City will pay the
premium for employees and $7.00 per month of the premium for family coverage.
Section 4. The City shall 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.
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ARTICLE 18
LEAVES
Section 1. Annual Leave - Vacation
A. All empIoyees will follow the following vacation scheduIe:
Years of Service
Vacation Hours
1 year
2 years
3 years
4 years
5 years
6 years
7 years
8 years
9 years
1 0 years
11 vears
12 years
13 years
14 vears
15 vears
16 years
1 7 years
18 years
1 9 years
20 years
21 years & after
96
120
120
128
136
144
152
160
168
176
176
176
176
176
176
192
192
192
192
192
200
B. Vacation requests may be submitted from 14 - 45 days in advance for vacation. In
the event of conflicting requests for vacation dates, the senior member request
shall prevaiI if it was submitted thirty (30) days prior to the date or dates
requested. Vacations of two days or Iess may be made with twenty-four (24)
37
hours advance notice or Iess. All other requests submitted under 30 days shall be
on a first come first serve basis regardless of seniority.
C. Request for emergency vacation Ieave will considered individually by the Chief.
Section 2. Sick Leave
A. EmpIoyees will earn ninety-six (96) hours of sick Ieave per year at the rate of
eight (8) hours per month. The use of sick Ieave will be in accord with the
PersonneI PoIicy Manual and PoIice Department Rules and ReguIations, as
appIicable. Each bargaining unit member covered by this agreement is eligibIe to
receive one bonus day for continuous attendance at work at the completion of
each caIendar quarter that the bargaining unit member has not used sick time
during the previous quarter, nor has been absent from work or on Ieave other than
those leave categories recognized in this document. Bonus days shall be counted
as vacation leave and subject to the provisions set forth for use of vacation.
B. EmpIoyees who have more than one hundred twenty (120) hours of sick Ieave 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 any fiscaI year.
C. Sharing Sick Leave
1. It shall be the policy of the City to permit an employee to donate accrued
38
sick Ieave time to another employee whenever extraordinary circumstances
require the designated empIoyee to be absent from work for a lengthy period of
time when that employee has exhausted all accrued sick leave and vacation Ieave.
(2) Extraordinary circumstances shall be defined as Iengthy hospitaIization,
extended illness, or injury, of the member or the members immediate family.
D. Sick leave for medicaI appointments is permissible and shouId be scheduled at
Ieast 48 hours prior to the appointment when possible.
E. No member shall be placed on restricted sick Ieave unIess that member has had a
counseIing session, with at Ieast a Watch Lieutenant (Lieutenant rank onIy).
During that counseIing session, the member will be informed of the reasons he or
she is being considered for restricted sick Ieave. At that time, the member will be
given an opportunity to expIain the sick days taken. When a member is pIaced on
restricted sick leave, the member will be notified in writing of that fact. A unit
member pIaced on restricted sick Ieave shall be re-evaluated in six months. If not
re-evaIuated within ten working days after the six month period the unit member
will be removed from restricted sick Ieave. No employee shall be subjected to
"house calls" by supervisors or their designees unless they have been pIaced on
formaI restricted sick Ieave or a documented reason for the visit is produced on
each and every occasion and forwarded up the chain of command.
39
F. At the empIoyee's option, the employee may convert excess sick leave time as
defined in accordance with this section to vacation time not to exceed forty (40)
hours, to be transacted in the first month of the caIendar year.
Section 3. Personal Time
A totaI of forty (40) hours for personaI time per year will be allowed. Personal time will
not be accumulated from year to year and will not be paid out upon termination of employment.
No request for personal Ieave will be denied without a reasonabIe justification. PersonaI time is
to be used in the same manner as vacation.
Section 4. Bereavement Days
Compassionate Leave: In the event of the death of the mother, father, foster parents,
brother, sister, husband, wife, son, daughter, grandparents, grandchildren, mother-in-Iaw,
father-in-law, sister-in-Iaw or brother-in-Iaw, grandparents of spouse and any permanent famiIy
member of the household, such employee shall be entitled to paid compassionate Ieave not to
exceed three (3) consecutive shifts for anyone death. However, if it is necessary for the
employee to leave the State in connection with the internment of the deceased, five (5)
consecutive shifts shall be allowed. EmpIoyees must verify attendance in writing, in order to be
eIigibIe for this article. The City Manager may grant additional leave under this section, except
that such additional Ieave shall be debited against the employee's accrued sick or annuaIleave.
40
ARTICLE 19
HOLIDAYS
Section 1. Holidays will be as follows:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
Section 2. Holiday pay will be at 1.5 times regular pay for all members of the bargaining
unit whether or not the holiday is worked.
Section 3.
Holiday Conversion
A. Under this Section a member may eIect not to receive holiday pay as outlined in
Section 2 above, but instead to have the equivaIent straight time holiday hours
added as a Iump sum to their accrued vacation balance, (i.e. 110 hours for 4/1 0
empIoyees and 88 hours for 5/8 empIoyees and 126.5 hours for 3-4/11.5).
B. Members who sign up for this section must do so between October 1st and
October 31 st of each contract year via memo to the Division Commander.
C. Members exercising this option for conversion will be paid only straight time for
the hours worked on the hoIiday.
41
D. Members exercising this option may use a vacation day instead of working the
holiday. The vacation hours will be paid at straight time.
E. Members not assigned to work on the holiday will receive their normal weekly
pay.
F. Members leaving service with the Department or City who participated in the
Holiday Conversion plan will owe the City for those holidays for which they were
aIready compensated either through loss of vacation credits or deduction from
funds due from the City.
Section 4.
The City agrees that bargaining unit members' hours of work and/or work
schedule shall not be altered to avoid the payment of holiday payor hours.
42
Section 1.
ARTICLE 20
FUNERAL EXPENSES
The City will make a payment of $10,000.00 to the beneficiary of
bargaining unit employees considered by law to have expired in the line of duty.
Section 2. All employees shall, on a form to be supplied by the Chief of Police or his
authorized representative, designate by name and address, the individual to whom such funds are
to be paid.
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ARTICLE 21
EQUIPMENT MAINTENANCE & SAFETY
The City, as a management responsibility, will maintain vehicles and equipment in a safe
condition and in accordance with Iaw or ordinances.
Bargaining unit members accept the responsibiIity for checking vehicles prior to use and
for completing City provided forms for any defects which are discovered.
Concerns about unsafe condition will be brought to the attention of the immediate
Supervisor who will make a judgment call concerning the need for immediate repair prior to use.
If the Bargaining Unit Member does not agree with the immediate Supervisor he/she may ask
that the next level of supervision review his/her concern, and that Shift Commander will be the
final judge on the safety of the equipment and the appropriate action to take at that time.
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ARTICLE 22
TRAINING
Section 1.
All training required of the officer by the Police Department when off duty
will be compensated at time and one half, except for training or traveI activities that are off site
and considered to be seminars, conferences, and speciaI programs where expenses incurred are
paid for by the City.
Section 2.
Weapons Training
The content and course of weapons training will be established by the Chief of PoIice Each
member will be allowed three opportunities to meet prescribed qualification standards. If the
officer does not quaIify in three attempts, they will be required to quaIify on their own time and
expense to remain eIigibIe for employment as law enforcement officers.
Section 3.
College Tuition Reimbursement
A. The City will provide for those members who attend colleges and/or universities
an incentive of paid tuition and books based upon the grade received for that
class. The member is to pay for the tuition and books and be reimbursed, at state
college/university rates. EmpIoyees who were aIready in the college tuition
reimbursement program as of ApriI 1, 2005 who are attending private schools are
grandfathered in at private schoo I rates. Reimbursement rate percentages are as
follows:
"A" equals 100% of tuition and books
45
"B" equals 100% of tuition and books
"C" equals 50% of tuition and books
College and/or university programs must be initially approved by the City
Manager and must be a part of a program leading to an acceptable Associates,
BacheIor or Master degree with a curriculum directly related to the Police
profession.
The Chief will make a recommendation to the City Manager who will have final
approval for the courses, degree program and payment.
B. The City shall pay tuition and books reimbursement even if a course is not part of
a program leading to a degree providing that the course is job reIated and
approved by the City Manager prior to registration of said course.
Section 4.
The City shall provide reimbursement for authorized expenses associated
with training and special schools attended by the officer through approval of the Department.
46
ARTICLE 23
CAREER PATH PROGRAM
Section 1.
The purpose of this program is to establish guideIines for a Career Path
Program for police officers below the rank of Detective/Sergeant.
Section 2.
The Career Path Program is designed to accomplish a three-fold purpose
and is voluntary in nature:
A. Recognize and reward the officer through his/her training and educational
achievements.
B. Provide a career development path for Rank of Police Officer.
C. Promote long term dedicated employees by offering incentives, aIternatives and
guidelines.
Section 3.
The PoIice Officer Skill Levels III, II, and I shall be as
follows:
A. Skill Level Three (III)
1. Time in grade: new employee to five (5) years continuous service.
B. Skill Level Two (II)
1. Time in grade: 5 - 10 years continuous service
2. Education Requirement (job related): 160 hours - Career Incentives or
Training Courses
3. Average or above average performance evaluation for the past two (2)
years.
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4. Incentive pay increase -2%
C. Skill LeveI One (I)
1. Time in grade: 10 pIus years continuous service
2. EducationaI Requirement: 400 hours - Career Incentives or Training
Courses.
3. Average or above average performance evaluation for the past two (2)
years.
4.
Incentive pay increase - 3%
A Police Officer will need to declare the Career Path Program; being
Section 4.
either career path or career incentive (however, if max out on career incentive, can use/pursue
career path). No college degree courses will be accepted when pursuing a college degree path.
Education must be job reIated, and courses/training taken for credit must be on officer's own
time (not City time).
Section 5.
If a police officer who has received career path pay increases pursuant to
this program and is promoted, they are no Ionger eIigible to receive career path pay increases,
nor will career path pay increases received under this program be considered in establishing their
new rate of pay.
Section 6.
The Parties agree that the current Career Path Program shall be continued
during the term of this Agreement and restricted to members currently participating in the
program prior to October 1, 2007.
48
ARTICLE 24
PERSONNEL RECORDS
Section 1.
Consistent with State Iaw, the City agrees that upon request, a member
shall have the right to inspect his or her own personneI 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 his or her choosing to inspect the personneI 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 empIoyee.
Section 2.
A personnel fiIe for all City employees is maintained by the City Human
Resource Department.
Section 3.
Fl. State Statutes.
InternaI affairs investigatory files will be maintained in accordance with
49
ARTICLE 25
LEGAL ACTION
Section 1.
In accordance with FIorida Statutes, the City will provide legal defense for
a member against any civiI damage suits wherein said member is a named party and wherein the
alleged damages were allegedIy caused by the actions of said member while acting within the
scope of his/her authority and within the course of his employment.
Section 2. The City will indemnify all members against judgments for compensatory
damages entered against them as a result of their actions to the extent that the City is found Iiable
for such actions.
Section 3.
this Article.
Section 4.
The City will select the Attorney who is to defend the employee reIative to
The empIoyee will be responsibIe for filing any counterclaims at his/her
expense.
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ARTICLE 26
DISCIPLINE
Section 1. The Parties recognize that the interests of the community and job security
of the bargaining unit members depends upon the City's success in providing proper and
efficient services to the community. To this end, the City and the PBA encourage to the fullest
degree, behavior which is positive and supportive of the goals of effective municipal
management and public safety. The Parties recognize the need for progressive and appropriate
discipIine when an empIoyee's conduct and job performance are inconsistent with said goals.
Section 2. No bargaining unit member shall be disciplined except for cause.
Progressive, consistent, and appropriate discipline will be administered according to the
seriousness of the offense. The following disciplinary actions shall be utilized and, depending on
the severity of the offense, the first action may be at any appropriate level including dismissal.
A. Written Reprimand
B. Suspension Without Pay
C. Demotion
D. DismissaI
Section 3. Any bargaining unit member who has been promoted consistent with and
pursuant to Article 7 herein who, thereafter, is demoted shall be returned to the position and shift
he or she occupied immediateIy prior to the promotion or to a position and shift consistent with
his or her seniority as a sworn officer with the Police Department, whichever is more favorable
51
for the member. Personnel re-entering the bargaining unit as provided above shall be placed in
their respective Step Pay PIan based upon their completed years of sworn service with the City of
Boynton Beach Police Department at the time of demotion.
Section 4.
No bargaining unit member shall be subject to demotion, termination, or a
suspension without pay of more than two (2) days without first being afforded the right to a pre-
determination conference with the City Manager.
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ARTICLE 27
GRIEVANCE AND ARBITRATION PROCEDURE
Section 1.
A grievance, as used in this Agreement, is limited to a complaint or
request of a bargaining unit member or the PBA which involves the interpretation or appIication
of, or compliance with, the provisions of this Agreement.
Section 2.
Grievances concerning working conditions not specifically covered by the
terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not
including, arbitration.
Section 3.
In the event a gnevance should anse as to the interpretation or the
application of the terms of the Agreement or departmental regulations, the said dispute or
grievance shall be dealt with in the following manner. Any grievance not answered by the City
within the time limits provided below will automatically advance to the next higher step of the
grievance procedure.
STEP 1
The aggrieved employee or an Association representative shall present the grievance or
dispute in writing, setting forth the facts with particuIars and the remedy sought, within
ten (10) working days (Monday through Friday) of its occurrence or knowIedge thereof,
to the Chief of Police. The Chief of Police shall reply in writing within ten (10) working
days (Monday through Friday) of receipt of the grievance or dispute. If the Chief of
53
PoI ice shall faiI to respond in writing, the grievance is presumed to be denied and the
employee or an Association representative may move to the next step.
STEP 2
If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the
grievance may be submitted to the City Manager within ten (10) working days (Monday
through Friday) of receipt of the Chief of PoIice's reply or when a reply was due, if none
is submitted. The City Manager shall reply within ten (10) working days (Monday
through Friday) of receipt of the grievance or dispute. If the City Manager shall faiI to
repIy in writing, the grievance is presumed to be denied and the empIoyee or an
Association representative may move to the next step.
STEP 3
If the grievance has not been settled by Steps 1 and 2, the PBA or the City may refer it to
arbitration within fifteen (15) working days (Monday through Friday) of receipt of the
City Manager's repIy or when a reply was due, if none is submitted. The PBA or the City
will submit the matter to the FederaI Mediation & Conciliation Service (FMCS) or the
American Arbitration Association (AAA) for a list of nine (9) arbitrators from which one
(1) shall be seIected.
The arbitrator's decision shall be in writing with a statement of findings and reasons. The
decision of the arbitrator shall be final and binding on the Parties; provided that the
54
arbitrator shall have no power to modify, amend, or alter this Agreement. The expense of
the arbitrator shall be borne by the Parties.
Section 4.
By agreement of both Parties, a meeting will be held at any step of the
grievance procedure.
Section 5.
Expedited Arbitration
All discharge grievances, and any other grievances mutually agreed upon in writing for
expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City
and the PBA agree upon the following procedure for expedited cases.
(1) The seIection of an arbitrator must be compIeted within fifteen (15) working days of
receipt of an arbitrators paneI provided by the FMCS. Failure to strike the arbitrators
panel and seIect an arbitrator within fifteen (15) working days will result in the untimeIy
Party's acceptance of the timeIy Party's selection of any arbitrator from the FMCS or
AAA list provided.
(2) After an arbitrator has been seIected, the arbitration hearing shall be heId no Iater
than thirty (30) days thereafter, unIess the arbitrator is unavaiIabIe within this thirty (30)
day period.
(3) Briefs, if any, must be filed with the arbitrator no Iater than thirty (30) days after the
close of the Hearing or after receipt of the transcript, if a transcript is requested. By
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mutuaI agreement of the Parties, the transcript may be submitted to the arbitrator in Iieu
of briefs.
(4) The arbitrator shall render an A ward within thirty (30) days ofreceipt of the briefs, if
any, or of the transcript if the Parties have agreed to submit the transcript in lieu of briefs.
Section 6. The PBA and the City shall each bear its own expense in the arbitration
proceedings, except that both Parties shall share equally the fee and other expenses of the
arbitrator.
Section 7.
A probationary empIoyee may not gneve any matter concemIllg
assignment, or discharge for reasons of faiIure to meet performance standards.
Section 8.
SettIement of grievances prior to the issuance of an arbitration award shall
not constitute a precedent nor shall it constitute an admission that the Agreement has been
vioIated.
Section 9.
Whenever a grievance is generaI in nature, in that it applies to two (2) or
more bargaining unit members, or if the grievance is directly between the PBA and the City, the
grievance may be presented in writing directIy at Step 2 of the Grievance Procedure within
fifteen (15) working days of the occurrence or knowIedge of the occurrence or matter giving rise
to the grievance. The grievance shall be signed by the aggrieved bargaining unit members or a
PBA representative on behaIf of all aggrieved PBA members.
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ARTICLE 28
RIGHTS OF BARGAINING UNIT MEMBERS UNDER INVESTIGATION
The City of Boynton Beach agrees that in the investigation of all bargaining unit
members all rights articulated in Florida Statutes, Section 112.532 and Section 112.533 (as
amended from time to time) will be observed and practiced. The PBA may post a copy of
Sections 112.532 and 112.533, Florida Statutes on the bulletin boards referenced in Article 6.
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ARTICLE 29
PAST PRACTICES
All employment practices listed below shall remain in effect:
A. Locker room shower, gym
B. Shoes every six (6) months.
C Provide weapons, equipment, gear appropriate to assignment.
D. Bullet proof vests.
E. Jackets, raincoat, boots.
F. Desk space, office supplies.
G. Approved and required travel expenses.
H. Use of City vehicles for court when avaiIable.
1. Three (3) complete uniforms per year, as needed.
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ARTICLE 30
PERSONAL VEHICLES
Section 1. When an empIoyee is required to use his/her personal vehicle in the
performance of police duties, said empIoyee shall be reimbursed a mileage rate as established by
City resolution, excluding miIeage traveIed 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 seminars.
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ARTICLE 31
DEPARTMENTAL POLICIES. RULES AND REGULATIONS
Section 1.
It is agreed and understood that the Police Department currently has
poIicies, rules and regulations governing employment. The formuIation, amendment, revision
and implementation of any ruIe shall not be arbitrary or capricious. In the event of a conflict
between the ruIes and specified provisions of this Agreement, the Agreement shall control.
Section 2.
In the event the City intends to amend or revise an existing ruIe or intends
to implement any new ruIe, it shall give notice to the Union as required by law and this
Agreement.
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ARTICLE 32
POSTING
Vacancies in positions or assignments will be posted in-house no less than (30) thirty
days before the application deadline for the position or assignment. Anyone applying for a
posted position must meet the quaIifications on the final day of posting; for example, while the
applicant may not be eIigible at the time his/her application is submitted, if the applicant will
satisfy all of the qualifications by the final day of posting, the application shall be accepted and
considered.
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ARTICLE 33
COMPLETE AGREEMENT AND WAIVER CLAUSE
Section 1.
This Agreement is the compIete Agreement between the parties, canceIs
all prior practices and agreements, and, except as expressly provided for herein, relieves the
parties of the obIigation to bargain on any subject during the term of this Agreement.
Section 2.
There is no past practice which results in a monetary benefit except as set
forth expressly in this Agreement. All bargaining unit members are covered under the terms of
this Agreement and the City's PersonneI Police Manual and not under any Civil Service
Rule/ReguIation and heretofore in existence.
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ARTICLE 34
SEVERABILITY
Section 1.
If any provision of this Agreement is found to be invalid by any courts
having jurisdiction in respect thereof, such findings shall not affect the remainder of this
Agreement, and all other terms and provisions shall continue in full force and effect.
Section 2.
In the event of such finding the Parties will meet within thirty (30) days to
begin negotiations of a replacement Article or Section.
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ARTICLE 35
DURATION
This Agreement shall take effect when ratified by the members of the collective
bargaining unit and the City Commission, and shall remain in effect untiI September 30, 2010 or
the date upon which a successor Agreement is ratified, whichever is Iater. In the event a
successor Agreement is not ratified by October 1, 2010, all of the provisions of this Agreement
shall remain in full force and effect during the time intervening, including the periods during
which the Parties are negotiating a successor Agreement and/or are engaged in impasse
proceedings. Wage adjustments, including base wage, performance base pay, reduction and/or
Ioss of assignment pay, are all retroactive to October 1,2007.
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ARTICLE 36
TAKE HOME VEHICLES
Section 1.
The City agrees to continue the take home vehicle program during the
term of this Agreement and to purchase as reasonabIy possibIe the number of vehicles sufficient
to supply eIigibIe Uniform Services Division members with marked take home cars.
Section 2.
A Member is eIigibIe for a take home vehicle if the Member has three (3)
years of sworn service with the department and resides within 20 miIes of the City limits.
Section 3.
Vehicles will be assigned on the basis of seniority (by ID number), with
seniority bumping rights for Members transferred to patrol.
Section 4. Assigned vehicles are not for personaI use but for work onIy.
Section 5.
A member who Iives beyond the 20 miIe radius described in paragraph 2
above will be assigned a specific vehicle from the pool but may not take his/her car home.
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ARTICLE 37
LONGEVITY PAY
Section 1.
In order to provide benefit incentives to Iong-term employees, glVIllg
recognition for continuous and meritorious service, Iongevity benefits are availabIe as outlined
beIow. EmpIoyees eIigibIe are those who:
a) have been employed with the City on a reguIar full-time and continuous basis for a
minimum of five (5) years, and
b) have an overall "Meets Standards" or above rating on the prevlOUS employee
evaluation.
EmpIoyees will receive a cash Lump Sum Bonus as follows:
On the employee's fifth (5th) anniversary a Iump sum payment of$500.00.
On the empIoyee's tenth (loth) anniversary a Iump sum payment of$I,OOO.OO
On the employee's fifteenth (l5th) anniversary a Iump sum payment of$1,500.00
On the empIoyee's twentieth (20th) anniversary a lump sum payment of $2,000.00
On the empIoyees twenty-fifth (25th) anniversary a lump sum payment of $2500.00
This 25th anniversary payment will be added in this year of the contract so as a one time
agreement that if any empIoyee who has surpassed their 25th tear of service and is not
enrolled in the DROP plan will receive this payment on October 1, 2007. All other
employees will receive this payment upon their actuaI anniversary date.
Section 2.
Any pay earned for Longevity Benefits is subject to required federal
deductions.
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Section 3.
Benefits shall not be paid beyond termination payouts. Employees who
terminate from City employment prior to their anniversary date will not be entitIed to Section 1
benefits. EmpIoyees in the DROP pIan are not eligibIe for Iongevity pay.
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ARTICLE 38
ESTABLISHMENT OF DETECTIVE 1st GRADE'S RANK
Effective October 1, 2007 the rank of Detective 1 st Grade shall be estabIished, and positions
shall be filled in accordance with this Article. To be eIigibIe for the rank of Detective 1 st
Grade a bargaining unit member must be a current officer with the Boynton Beach PoIice
Department and at the time of testing must have served a minimum of 2 consecutive years
with BBPD. The testing process will be determined by the Chief of PoI ice and will be
consistent with the SGT's and L T's promotional processes at the time. There will be a
minimum of nine (9) Detective 1 st Grade positions to be filled as they are made avaiIabIe
through naturaI attrition. This will happen as follows; current Investigators Ieave their
position voIuntariIy, are transferred, get promoted to Sgt, retire, terminate empIoyment, etc,
but shall not be forced out to make a vacancy for a promotion of someone to Detective 1 st
Grade. Once a vacancy occurs, the City shall promote someone off the current Detective 1 st
Grade's promotionaIlist. This procedure shall be followed for the first nine (9) vacancies
prior to making any new Investigators. The Detective Division shall consist of nine (9)
Detective 1 st Grades', the remainder to be Investigators. The number of Detective 1 st Grades
will be a minimum of nine (9) but may be increased at the discretion of the Chief of Police.
A promotional Iist shall be established by the Chief of PoIice, consistent with other
promotionaIlists, and shall be avaiIabIe no Iater than June 1, 2010. The Iist will be active
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until the next list is estabIished; therefore, a constant pooI of eIigibIe candidates shall exist.
The Chief of PoIice shall use the rule of five (5) for this promotionaI process. Should
someone currently occupy the position of Investigator and be on the current promotionaIIist
for Detective 1 sl Grade, he or she shall not be required to vacate their position to be
promoted. Upon promotion to the rank of Detective 1 st Grade, the subject bargaining unit
member shall be pIaced in the Step Pay PIan for Detective 1 st Grade as provided in Article
12. On October 1 2007 the onIy member of the Boynton Beach Police Department to hoId
the rank of Detective 1st Grade will be Toby Athol. No other members will be eligible for
the pay grade until which time they are promoted via the promotional process described
above.
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Agreed to this ~ day of OCTO 6E R.. Jot)7,' by and between the respective Parties
through the authorized representatives of the PBA and the City.
Witness
Witness
~dy
ess
Ratified by City Commission
Date
PALM BEACH COUNTY
POLl BENEVOLENT ASSOCIATION
By:
( .
By:
Gary Lippman, General Counsel
CITY OF BOYNTON BEACH
--
_/
m.~
KURT BRESSNER
CITY MANAGER
BOYNTON BEACH. FL
City Manager
Ratified by Union
O-/rtJ2 *~.tl~
Date
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APPENDIX A
ExampIe 1: Officer "G" was hired on 11-06-89 and will have completed 17 years of
service as of 1 0-1-07. He will receive an adjustment to 66,800.00. On ApriI 1 st 2008 he
will go to 67,802.00 as he will have completed 18 years of service. (once the max often
years complete service is reached the officer will proceed aIong the last line of the scale
as he/she will be maxed out for years of service) 10-1-08 he will go to 69,836.06, 4-1-09
he will go to 71,937.14, 10-1-09 he will go to 74,089.08, and 4-1-2010 he will go to
75,570.86. ( this is assuming his pay per performance evaIuations are satisfactory or
better )
Example 2: Officer "L" was hired on 6-19-2000 and will completed 7 years of service as
of 10-1-07. He will receive an adjustment to 60,200.00. On April 1st 2008 he will go to
61,103.00 as he will still have 7 years of compIeted service. On 10-1-08 he will go to
65,236.08,4-1-09 he will go to 67,193.16,10-1-09 he will go to 71,649.02 and 4-1-2010
he will go to 73,082.00. (this is assuming his pay per performance evaIuations are
satisfactory or better)
ExampIe 3: This exampIe will take an officer who was hired at some other rate and falls
into the scaIe currently above the adjustment. There will be no pay cuts so they will be
handled as follows. The employee will be pIaced into the next highest step to afford that
employee a raise and they will remain in at that Ievel/years of service throughout the pay
plan/contract. This will occur in this exampIe of Officer "H" who was hired on 8-23-04.
His current years of service will be adjusted to the nearest higher step and make his
adjustment to 55,800.00 on 10-1-07. He will continue through the plan with the
following raises. On 4-1-08 he will go to 56,637.00,10-1-08 he will go to 60,636.10, on
4-1-09 he will go to 62,455.18,10-1-09 he will go to 66,768.90, and 4-1-2010 he will go
to 68,104.28. (this is assuming his pay per performance evaluations are satisfactory or
better )
Example 4. If Officer "J" was promoted on 6-1-08, his rate of pay wouId be 54,404.00
as he wouId be a patroIman with 4 years of complete service as of 6-1-08. He wouId
receive a 10% increase to his base, making it 59,844.40. This would place him still
beIow the starting SGT's salary of 67,497.50 as of 4-1-08. He wouId then be pIaced into
the SOT's pay scaIe as a starting SGT as of 6-1-08 and that would be his date of hire or
entry for caIcuIations through his progression through the SGT's pay scale. He wouId
then proceed through the SGT's scaIe as follows. 10-1-08 = 68,847.45, 4-1-09
70,224,40,10-1-09 = 74,721.78, and 4-1-2010 = 76,216.21.
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Example 5. In turn if Officer "D" gets promoted on 2-1-08 his current rate of pay at
that moment wouId be 66,800.00 as an officer. A 10% increase to his base wouId bring
his base to 73,480.00, pIacing him between the two pay rates in the SGT's scale of
72,242.86 & 75,114.29. He would therefore be pIaced at the higher of the two, 75,114.29
upon promotion and enter the SOT's scale in STEP 3 on 2-1-08. The date of 2-1-08
would then be "D's" date of hire/entry into the SGT's scale and he would proceed
through the contract as follows. On 4-1-08 = 76,241.00, 10-1-08 = 77,765.82, 4-1-09 =
82,353.39,10-1-09 = 84,000.46,4-1-2010 = 88,835.22
Example 6 for new hire: If a new empIoyee were to be hired on Dec 1 st of 2008 they
would proceed as follows. Their starting rate of pay would be 43,836.16. On 4-1-09 that
employee would not receive a performance raise as they would not have a yearly
evaIuation completed and their rate of pay would remain the same. On 10-1-09 that
employee wouId receive the COLA raise and go to 49,688.48. On that empIoyees one
year anniversary (12-1-09) if they pass probation they would become a one year
empIoyee. Being this is their first year of employment and they missed their first April
15t raise they will, on their "actuaI" 1 st anniversary date go to the 4-1-2010 performance
rate of 53,171.11 and remain there until the next CO LA raise in Oct 1 2010 should the
plan continue into the next contract. This will enabIe that empIoyee to remain ahead of
new hires and to aIso get credit for the performance raise they were passed up the first
ApriI 1 st they passed prior to having one full year of service.
Example 7 for new hire: If a new employee were to be hired on July 1 st 2008 they would
proceed as follows. Their starting rate of pay wouId be 45,472.00. On 10-1-08 they
would receive the COLA raise as all empIoyees will and go to 46,836.16. They will
remain at this rate of pay untiI they reach their "actuaI" anniversary date of 7 -1-09. Upon
successfuI compIetion of probation this empIoyee will then, on 7-1-09 be brought up to
where they would have been on 4-1-09 had they had a year complete by then, thus
becoming their performance raise. This would bring that employee to 50,610.53 and they
will proceed though the plan from there. Thus on 10-1-09 they will go to 52,128.54 and
on 4-1-2010 they will go to 53,171.11.
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