R13-050 IF
RESOLUTION R13 -050
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 — OFFICERS AND DETECTIVES
• FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH
11 SEPTEMBER 30, 2013, AND AUTHORIZING AND
1 DIRECTING THE MAYOR AND CITY CLERK TO
1. EXECUTE THE AGREEMENT; AND PROVIDING
1 AN EFFECTIVE DATE.
14
1 • WHEREAS, the City of Boynton Beach and the Palm Beach County Police
1: Benevolent Association (PBA) - Officers and Detectives have successfully concluded
1 negotiations for a one (1) year contract; and
1: WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
1. and
21 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
2 the best interests of the residents and citizens of the City to ratify the Agreement and
2. execute the same; and
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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2' OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2:
2 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
2: ratified and confirmed by the City Commission.
2' 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
31 County Police Benevolent Association (PBA) - Officers and Detectives for the period of
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1
11
1 October 1, 2012 though September 30, 2013, 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".
4 Section 3. This Resolution will become effective immediately upon passage.
5 PASSED AND ADOPTED this 18 day of June, 2013.
6
1 CITY OF BOYNTON BEACH, FLORIDA
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Vice Mayor . ::. ow . • ay
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1 s Commissioner — id T rker _
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1. Commissioner — ichael M. Fitzpatf k
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2. Commissioner — Joe Casello
2 ATTEST:
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2 Ja t M. Prainito, MMC
2 ' ty Clerk
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7
AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
POLICE OFFICERS AND DETECTIVES
OCTOBER 1, 2012 - SEPTEMBER 30, 2013
TABLE OF CONTENTS
ARTICLE PAGE NO
1 Preamble 4
2 Recognition 5
3 Non - Discrimination 6
4 Dues Deduction 7
5 Union Business 8
6 Bulletin Board 9
7 Promotions & Demotions 10
8 Vacancies and Probation 13
9 Management Rights 14
10 Advisory Committee 16
11 Hours of Work and Overtime 17
12 Wages 19
13 Seniority 24
14 Additional Monetary Benefits 26
15 Uniforms 31
16 Medical Expenses 33
17 Group Insurance 35
18 Leaves 37
19 Holidays 42
20 Funeral Expenses 44
21 Equipment Maintenance & Safety 45
22 Training 46
23 Career Path Program 48
24 Personnel Records 50
25 Legal Action 51
26 Discipline 52
27 Grievance and Arbitration Procedure 54
28 Rights of Bargaining Unit Members
Under Investigation 58
29 Past Practices 59
30 Personal Vehicles 60
31 Department Polices, Rules & Regulations 61
32 Posting 62
33 Complete Agreement and Waiver Clause 63
34 Severability 64
35 Duration 65
2
36 Take Home Vehicles 66
37 Longevity Pay 67
38 Detective First Grade 68
Signature Page 69
3
ARTICLE 1
PREAMBLE
This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter
referred to as the "City" and Palm Beach County Police Benevolent Association, located in West
Palm 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.
4
ARTICLE 2
RECOGNITION
The City hereby recognizes the Palm 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 Benevolent Association, Inc.
2100 N. Florida Mango Road
West Palm Beach, Florida 33409
Attention: General Counsel
5
ARTICLE 3
NON - DISCRIMINATION
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 law.
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 employee can result in disciplinary action up to and including
termination Discriminatory conduct means any communication, verbal or non - verbal, which is
unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color,
religion, national origin, handicap, familial status, sexual orientation, age, or marital status.
6
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 employee, those dues and uniform assessments required to retain
PBA membership as certified by the PBA. The total 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 employee.
7
ARTICLE 5
UNION BUSINESS
Section 1. Elected PBA representatives will be granted paid leave to engage in
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 employee when:
1. The employee is required to appear at a hearing related 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 employee 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 leave to attend functions of the PBA, provided
that such leave 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 while on duty except as
referenced in Section 1.
8
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 placed on the bulletin board shall bear, on its face, the
legible designation of the PBA responsible for placing of this notice or item on the bulletin
board.
9
ARTICLE 7
PROMOTIONS & DEMOTIONS
Section 1: Eligibility to Test
A. Eligibility requirements to test for the Sergeants promotional examination process are
listed in Police Sergeants Collective Bargaining Agreement.
B. Eligibility requirements to test for the Detective First Grade — Must have five (5)
years of consecutive service with the Boynton Beach Police Department as Police
Officer by the closing date of the Detective First Grade job posting.
Section 2: Examination Provisions
A. The City will use material it deems occupationally relevant in conducting any
promotional examination process. Material used will be communicated in the
promotion announcement.
B. There are no make up promotional examinations. However, should documented
circumstances arise, which are beyond the control of the candidate, limited to: (1)
military service, (2) approved bereavement leave requiring travel outside of Palm
Beach County, or (3) approved leave in accordance with the Family and Medical
Leave Act (FMLA), the employee may request in writing to the Chief of Police that
(s)he be allowed to arrange an alternate test suitable to the City with a state - approved
police academy, an accredited university, or a military approved facility before a
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commanding officer. If approved in writing by the Chief of Police, the City will
make special testing arrangements to administer tests at the same date and time and
under similar conditions to candidates who can not appear at the regular test site.
Section 3: Creation of Promotional List
A. Promotional lists will be created based on the factors below:
• Written Examination 50 Points
• Practical Assessment 50 Points
B. Points will be added to the final score for seniority as follows:
Completed Years of Service Points
6 — 9 years .1
10 — 14 years 3
15 or more years .4
C. Points will be added to the final score for the highest level of education attained as of
the date of testing as follows:
Education Points
Associates or 60 credit hours 0.50
Bachelors 1.25
Masters ..2.00
Section 4: Selection from Promotional List
A. Promotions made from the bargaining unit shall utilize a "rule of five." The
Chief of Police may select any candidate from the current promotional list who is in
the top five. As promotions are made, the names will continue to move up the list.
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B. The Chief of Police may deny a promotion to any person on the promotional list who
has been suspended without out pay within the past three (3) years from the date of
testing.
C. The Chief of Police may deny a promotion to any person on the promotional list who
is the subject of an active investigation by any law enforcement agency.
Section 5. Bargaining unit members who are demoted, voluntarily or involuntarily, will regain
the rank from which they were promoted.
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ARTICLE 8
VACANCIES AND PROBATION
Section 1. Consistent with the City's recruitment and selection policy (PPM Chapter 06),
vacant positions shall be filled by the City through recruitment and selection of employees on the
basis of their qualifications and relative knowledge, abilities, and skills.
Section 2. Police Officer Recruits that are sponsored by the agency have a probationary
period of one year that starts after passing the FDLE certification exam.
Section 3. All newly hired certified officers have a probationary period of one (1) year
from the date of hire.
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ARTICLE 9
MANAGEMENT RIGHTS
Section 1. 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 lay off employees.
B. Discharge and suspend employees for cause.
C. Transfer employees from one location to another, one shift to another, or one
starting time to another.
D. Establish and change the starting and quitting times and the number of hours and
shifts to be worked.
E. Assign and reassign employees
F. Schedule and change the work to be performed by employees.
G. Formulate, implement and change Departmental policy, rules, regulations, and
directives which are not in conflict with the specific provisions of this Agreement
or the law.
H. Introduce new services, procedures, materials, facilities and equipment.
I. 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 psychological testing to determine fitness for duty without
such testing being approved by the Police 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 Workplace 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 employees to submit to reasonable
suspicion or random drug testing, subject to compliance with the testing /sample
handling procedures as set forth in Florida Statute and the Florida Administrative
Code, as referenced in the City's Drug Free Workplace Policy. The City agrees to
use State certified laboratories for all drug testing.
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 relinquished 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 implemented after said impact
bargaining.
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ARTICLE 10
ADVISORY COMMITTEE
Section 1. 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 A.M. 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 regular working hours shall not be deemed as time worked and participants will not
receive additional pay or leave 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 calculating 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 eligible 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 only with the Supervisor's approval in order
to be eligible for overtime pay.
The City may round start and end time of work and round to the quarter hour consistent
with 29 C.F R. § 785.48.
17
Example:
6:53 — 7:07 = 7:00
7:08 — 7:22 = 7:15
7:23 — 7:37 = 7:30
7:38 — 7:52 = 7:45
Section 2. Pursuant to Article 9, Section 1D, 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
City agrees that work schedules will not be changed solely for the purpose of avoiding the
payment of overtime and /or overtime rates of pay as provided by this Agreement. Uniform
Services shift schedules 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 U nit 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 acknowledge that they have
an obligation to come to work physically and mentally prepared to efficiently and effectively
carry out their responsibilities. No member of the bargaining unit shall be scheduled either by
the department or through shift swaps, details, 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. late arrest. For the purpose of this section. duty means regular assigned
duties and detail assignments, not to include court, depositions, filings, and similar judicial
responsibilities.
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ARTICLE 12
WAGES
Section 1. Effective October 1, 2012 the following chart contains the current pay
scale that is effective for all members of the bargaining unit. Adoption of the following pay
scale does not guarantee movement from one step to the next in this or any future year unless
movement is specifically provided for in a subsequent Memorandum of Understanding or
Collective Bargaining Agreement.
STARTING $48,241.24
®'MENIE $50,610.23
M= $52,979 22
=MUM $55,348.21
Ste. 4 $57,717.20
®'•ZI $60,086 19
Ste. 6 $62,455.18
Mall $64,824.17
Ste. 8 $67,193.16
Ste. 9 $69,562.15
Ste. 10 $71,931.14
D
0
EMI
A
ICI
MI
D
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Section 2. Promotion within the Bargaining Unit
Effective upon ratification of this contract, a member who is promoted within the
bargaining unit will receive a ten percent (10 %) increase to his /her base rate. The increase in
rate will then be applied to the scale above, and, if it falls between two pay rates, the higher of
the two rates will be applied as the new salary for the promoted member. If the new rate with the
ten percent (10 %) increase is still below the starting rate for this rank, the member will be
brought to the starting rate upon promotion.
Section 3: Officers, while assigned as Field Training Officers and who have
successfully completed the required 40 -hour training and other department regulations, shall be
compensated an additional five (5 %), provided they fit the following criteria;
1. Field Training Officer (FTO) DEFINED: Any sworn department member assigned
to Uniform Services in Road Patrol capacity working on any Platoon in full uniform and
marked police cruiser subject to the demands of receiving and handling calls for service
from Communications as their daily routine are available to train newly employed
personnel at a moments notice in the field.
A. The department will maintain two FTO's assigned to the Training Division —
responsible for newly hired probationary members' "In- Service" instruction. to include
Phase One of the Field Training Program.
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B. The department will maintain two FTO's assigned to the Traffic Division —
responsible any /all traffic related training or instruction.
2. This member will be responsible for the "Field Training" of newly assigned
probationary employees who will participate in an "In- Service Program'', ride in their
police cars and be duly qualified to train and teach said new employee on day to day
Police Patrol operations, functions and duties.
3. In the event the FTO is reassigned from Patrol, Traffic Div., or Training Div., (as
defined in section 1. A &B) outside of this duty, they are no longer considered active
FTO's and are no longer afforded any compensation.
4. The FTO is a voluntary assignment and not a promotion to any recognized rank.
5. An officer's assignment to FTO can be ended or suspended at the discretion of the
Chief of Police.
Section 4. Assignment Pay
A. SWAT (Special Weapons & Tactics) Those members who have successfully
completed testing and are selected as a member of the Police Department SWAT
Team, shall be compensated an additional 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
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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 kenneled or otherwise boarded. K -9 officers
will be allowed one (1) 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.
Section 5. All bargaining members should at least make the cun base salary. The
following Officers Baldino, Schrecengost, Rivera, and Melo should be brought to the current
starting pay effective upon ratification of this Agreement. The aforementioned officers will
receive the increase of their earnings retroactively to the date of completion of their probationary
status.
Section 6. In the event of the passage of a State Constitutional Amendment or State
Legislative 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) calendar
days of the date the City gives written notice to the PBA of the City's request to reopen
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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 resolve the
impasse and agree that the City Commission shall resolve 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 levels 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 1. The City agrees that seniority shall consist of continuous accumulated paid
sworn service with the Boynton Beach Police Department. Seniority shall be computed from the
date of appointment. Seniority shall accumulate during absences because of illness, injury in the
line of duty, vacation, military leave or any other authorized leave 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. Selection of day or night shift and starting time.
D. Any special event (Holiday Parade, July 4th, or any other event) shall be offered
through a rotating list of bargaining unit personnel based upon Department
seniority. This section does not apply to special details which require specified
and established 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 balance of
personnel are considered. Seniority may not in all cases be a prevailing qualification or the sole
basis for the selection. The decision may be reviewed upon request by the Chief of Police who
has the final decision.
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Section 4. In the event of a declared emergency alternate shifts or work schedules
may be adopted by the Chief of Police as needed.
Section 5. Bargaining unit members who are demoted, voluntarily or involuntarily,
and thereafter regain the rank from which they were demoted, shall have their seniority in rank
bridged upon completion of their promotional probation. This will be applied retroactively to all
employees for the purposes of call sign and pay scale calculations.
Example: A Detective with five (5) years in rank is demoted to
patrolman. After three (3) years as a patrolman, the former Detective is promoted again
to Detective. Upon completion 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 employment with the Boynton Beach Police Department and thereafter return to
employment 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 accumulating a maximum of
eighty (80) hours, per fiscal year, of compensatory time at time and one half. 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 balance of all unused compensatory time Compensatory time
earned and accumulated shall be paid off totally in September of the fiscal year if not utilized by
the end of the month of August.
Section 2. Special Detail Assignment
All Bargaining Unit Members assigned to cover special details may report directly to
their assignment without prior checking in or out at the police station, but must advise a
supervisor personally or by radio. Bargaining unit members assigned to a special detail shall
comply with all current department policies 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 employee shall be compensated for the actual time worked, but not less than three
(3) hours at the rate of pay one and one -half (1 1/2) times his or her regular 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 -half and at his /her supervisor's discretion the officer may be required to work the entire three
hours or longer. When an officer is called for call back his /her supervisor will indicate as to
whether or not he /she should arrive in uniform or in plain clothes, if the option is available.
Call back procedure as outlined in Section 3 of this article will be utilized as follows:
Step 1 • Vacancies will be filled with the off -going shift platoon by seniority.
Step 2: These vacancies will be first offered to all Road Patrol Officers called in through
seniority list.
A. The list will start with the most senior road patrol officer eligible to work call-
back overtime by ID number.
B. In the event the shift vacancy is filled, the list will reset to the most senior
road patrol officer.
Step 3: All other personnel eligible for call -back overtime by seniority.
A. Must be eligible to work the entire shift vacancy.
Step 4: Detective First Grade personnel called in by seniority.
A. Must be eligible to work the entire vacancy.
Step 5: Ordered in by reverse seniority.
Section 4. Court Time
A. Court time will be paid at time and one -half when the officer is not on his regular
assignment. An officer on court time will be compensated a minimum of three (3)
hours at time and one -half.
27
B. An employee who has been instructed to remain on standby for court appearance
purposes during the employee's off -duty hours shall be paid one -half the straight
time hourly rate for each hour on standby up to a maximum of eight (8) hours of
standby duty in any one 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 employee shall receive four (4) hours plus one (1)
additional hour at straight time If an officer does go to court he will be paid for
the court time indicated in Section A and not receive standby time pay.
C. Bargaining unit members may report directly to court without prior check in at the
police 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 approval of a division commander or other member authorized by the Chief of Police.
Section 6. The City will establish the hours of work best suited to meet the
operational and fiscal 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 replacement without penalty. If any
28
officer abuses this privilege by calling in sick the first time, they will lose 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 could force the
member to be permanently disqualified from shift swaps. The member calling in sick will not be
penalized if they provide a legitimate excuse or provide documentation of being sick.
Section 7. Shift Changes - Employer
An officer will be given adequate advance notice as determined by the Chief of any
change in his /her regular hours of work except when an emergency exists. Notice given less
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 -half (1.5) times
his /her regular salary for the first day of his /her tour of duty.
Section 8. The City agrees that any member required to be out of Palm 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 exclusively the plaintiff in a personal civil action, will be paid his/her
regular rate of pay for each day or partial day required for said purposes. There will be no
overtime compensation.
Section 9. Officer in Charge ( "01C ") or Investigator in Charge ("I1C ")
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 regular rate of pay shall be
increased by five percent (5 %) for all such hours.
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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 promotional list nor an on -duty officer on the list, if a list
exists, the City agrees to assign the most senior on -duty Field Training Officer as
OIC.
B. The City agrees that when assigning an Investigator or Detective supervisory
duties it shall designate the senior Detective 1S Grade, the Investigator who is
highest on the promotional list for Detective 1S 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 list, if a list exists, the City agrees to assign the most
senior on -duty Detective 1st 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 replacements for the parts of the
uniform when replacement is appropriate, as determined by the Chief, and if adequate funds are
available 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 total 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, replacement or repair of personal clothing and equipment
will be according to current department policies and procedures. The replacement will require
the approval of the Chief of Police The Detective or Uniformed Officer claiming a replacement
will be required to include, with his/her claim, an explanation of the circumstances of the
damage and appropriate reports concerning the incident where damage to his uniform took place.
This allowance shall commence from the date of assignment on a pro -rated basis. Uniformed
Officers assigned to plain 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 employees that are eligible, to take their
uniforms only to the approved dry cleaning establishment in Boynton Beach selected by the City.
Detectives and other members assigned to plain clothes will be given a cash cleaning supplement
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equivalent 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 responsible for scheduling and
completing a physical examination every other year beginning in October 2008. Physicals will be
completed by a medical 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 responsible for expenses if they exceed $100.00 and if
this occurs, the physical exam and its expense will be a voluntary item for the bargaining unit
member The results of the physical 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), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex 1,
established to have been occurred in the line of duty shall be covered the same as any other duty
injury.
Section 3. The City shall provide an immunization schedule 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 should they desire said immunization.
Said immunization shall be administered by medically qualified personnel.
Section 4. The City shall bear the costs of lead testing for the Range Instructor(s).
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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 levels and benefits shall remain in effect until September 30, 2013. In the event the
City changes benefit options for employees after September 30, 2013, 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 fiscal 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 a benefits committee to be comprised of
an equal 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 selection of insurers is reserved to the City,
but the City shall strongly consider input and recommendations from the benefits 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. Dental Insurance
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 employees will follow the following vacation schedule:
Years of Service Vacation Hours
1 year 96
2 years 120
3 years 120
4 years 128
5 years 136
6 years 144
7 years 152
8 years 160
9 years 168
10 years 176
11 years 176
12 years 176
13 years 176
14 years 176
15 years 176
16 years 192
17 years 192
18 years 192
19 years 192
20 years 192
21 years & after 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 prevail if it was submitted thirty (30) days prior to the date or dates
requested. Vacations of two days or less may be made with twenty -four (24)
37
hours advance notice or less. All other requests submitted less than 30 days shall
be on a first come first serve basis regardless of seniority.
C. Request for emergency vacation leave will considered individually by the Chief.
Section 2. Sick Leave
A. 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
Personnel Policy Manual and Police Department Rules and Regulations, as
applicable. Each bargaining unit member covered by this agreement is eligible to
receive one bonus day for continuous attendance at work at the completion of
each calendar quarter that the bargaining unit member has not used sick time
during the previous quarter, nor has been absent from work or on leave 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. Employees who have more than one hundred twenty (120) hours of sick leave as
October 1, of any 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 fiscal year
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Section 3. At the employee's option, provided the contributing employee has at least
120 hours of accrued sick leave, the employee may convert sick time to vacation time not to
exceed 80 hours, to be transacted anytime during the calendar year.
C. Sharing Sick Leave
1. It shall be the policy of the City to permit an employee to donate accrued
sick leave time to another employee whenever extraordinary circumstances
require the designated employee to be absent from work for a lengthy period of
time when that employee has exhausted all accrued sick leave and vacation leave.
(2) Extraordinary circumstances shall be defined as lengthy hospitalization,
extended illness, or injury, of the member or the members immediate family.
D. Sick leave for medical appointments is permissible and should be scheduled at
least 48 hours prior to the appointment when possible.
E. No member shall be placed on restricted sick leave unless that member has had a
counseling session, with at least a Watch Lieutenant (Lieutenant rank only).
During that counseling session, the member will be informed of the reasons he or
she is being considered for restricted sick leave. At that time, the member will be
given an opportunity to explain the sick days taken. When a member is placed on
restricted sick leave, the member will be notified in writing of that fact. A unit
member placed on restricted sick leave shall be re- evaluated in six months. If not
re- evaluated within ten working days after the six month period the unit member
39
will be removed from restricted sick leave. No employee shall be subjected to
"house calls" by supervisors or their designees unless they have been placed on
formal restricted sick leave or a documented reason for the visit is produced on
each and every occasion and forwarded up the chain of command.
F At the employee'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 calendar year.
Section 4. Personal Time
A total of forty -six (46) hours for personal 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. Personal time is to be used in the same manner as vacation.
Section 5. 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 -law,
father -in -law, sister -in -law 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 shifts for any one 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. Employees must verify attendance in writing, in order to be
eligible for this article. The City Manager may grant additional leave under this section, except
40
that such additional leave shall be debited against the employee's accrued sick or annual leave.
41
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 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, (i.e 110 hours for 4/10
employees and 88 hours for 5/8 employees 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 31st 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 holiday
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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
already 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 pay or hours.
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ARTICLE 20
FUNERAL EXPENSES
Section 1. The City will make a payment of $15,000.00 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 law or ordinances.
Bargaining unit members accept the responsibility 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 travel activities that are off site
and considered to be seminars, conferences, and special 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 Police Each
member will be allowed three opportunities to meet prescribed qualification standards. If the
officer does not qualify in three attempts, they will be required to qualify on their own time and
expense to remain eligible 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 Employees who were already in the college tuition
reimbursement program as of April 1, 2005 who are attending private schools are
grandfathered in at private school rates. Reimbursement rate percentages are as
follows:
"A" equals 100% of tuition and books
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"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,
Bachelor 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 related 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.
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ARTICLE 23
CAREER PATH PROGRAM
Section 1. The purpose of this program is to establish guidelines for a Career Path
Program for uniformed 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, alternatives and
guidelines.
Section 3. The Police Officer Skill Levels III, II, and I shall be as follows.
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.
4. Incentive pay increase - 5 %.
C. Skill Level One (I)
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1. Time in grade: 10 plus years continuous service
2. Educational Requirement: 400 hours - Career Incentives or Training
Courses or a bachelor degree from an accredited college.
3. Average or above average performance evaluation for the past two (2)
years.
4. Incentive pay increase - 5% above the skill level (II) (total of 10%
increase)
Section 4. A Police Officer will need to declare the Career Path Program; being
either career path or career incentive (however, if max out on career incentive, can use /pursue
career path).
Section 5. If a police officer who has received career path pay increases pursuant to
this program and is promoted, they are no longer eligible 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.
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ARTICLE 24
PERSONNEL RECORDS
Section 1. 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 his or her choosing to inspect the personnel records with written authorization.
Members shall have the right to inspect any and all records used to evaluate, promote or in any
other manner, classify or direct an employee
Section 2. A personnel file for all City employees is maintained by the City Human
Resource Department.
Section 3 Internal affairs investigatory files will be maintained in accordance with
Fl. State Statutes
Section 4. All bargaining unit members covered by this Agreement must be notified
within 24 hours in writing (E -mail is acceptable notification) when someone other than a City
employee requests to review the bargaining unit members' personnel /1.A. tile.
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ARTICLE 25
LEGAL ACTION
Section 1. In accordance with Florida Statutes, the City will provide legal defense for
a member against any civil damage suits wherein said member is a named party and wherein the
alleged damages were allegedly 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 liable
for such actions.
Section 3. The City will select the Attorney who is to defend the employee relative to
this Article.
Section 4. The employee will be responsible 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
discipline when an employee'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. Dismissal
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 immediately 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
52
for the member. Personnel re- entering the bargaining unit as provided above shall be placed in
their respective Step Pay Plan 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 application
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 grievance should arise 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 particulars and the remedy sought, within
ten (10) working days (Monday through Friday) of its occurrence or knowledge 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
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Police shall fail 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 Police'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 fail to
reply in writing, the grievance is presumed to be denied and the employee 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 reply or when a reply was due, if none is submitted. The PBA or the City
will submit the matter to the Federal Mediation & Conciliation Service (FMCS) or the
American Arbitration Association (AAA) for a list of nine (9) arbitrators from which one
(1) shall be selected.
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
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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 selection of an arbitrator must be completed within fifteen (15) working days of
receipt of an arbitrators panel provided by the FMCS. Failure to strike the arbitrators
panel and select an arbitrator within fifteen (15) working days will result in the untimely
Party's acceptance of the timely Party's selection of any arbitrator from the FMCS or
AAA list provided.
(2) After an arbitrator has been selected, the arbitration hearing shall be held no later
than thirty (30) days thereafter, unless the arbitrator is unavailable within this thirty (30)
day period.
(3) Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the
close of the Hearing or after receipt of the transcript, if a transcript is requested. By
mutual agreement of the Parties, the transcript may be submitted to the arbitrator in lieu
of briefs.
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(4) The arbitrator shall render an Award within thirty (30) days of receipt 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 employee may not grieve any matter concerning
assignment, or discharge for reasons of failure to meet performance standards.
Section 8. Settlement 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
violated.
Section 9. Whenever a grievance is general 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 directly at Step 2 of the Grievance Procedure within
fifteen (15) working days of the occurrence or knowledge 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 behalf 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 available.
1. Three (3) complete uniforms per year, as needed.
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ARTICLE 30
PERSONAL VEHICLES
Section 1. When an employee is required to use his/her personal vehicle in the
performance of police duties, said employee shall be reimbursed a mileage rate as established by
City resolution, excluding mileage traveled to and from the normal work location.
Section 2. For the purpose of this Article, the performance of police duties shall
include attendance at court, depositions, administrative hearings, conferences with City officials,
schools and 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
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 specified provisions of this Agreement, the Agreement shall control.
Section 2. In the event the City intends to amend or revise an existing rule or intends
to implement any new rule, 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 qualifications on the final day of posting; for example, while the
applicant may not be eligible 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 complete Agreement between the parties, cancels
all prior practices and agreements, and, except as expressly provided for herein, relieves the
parties of the obligation 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 Personnel Police Manual and not under any Civil Service
Rule /Regulation 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 until September 30, 2013 or
the date upon which a successor Agreement is ratified, whichever is later. In the event a
successor Agreement is not ratified by October 1, 2013, 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. No base wage increase, step, cost of living, or other compensation adjustments shall
be paid beyond September 30th of each year, except as provided in a subsequent Memorandum
of Understanding or Collective Bargaining Agreement.
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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 reasonably possible the number of vehicles sufficient
to supply eligible members of the bargaining unit.
Section 2. A Member is eligible for a take home vehicle if the Member has three (3)
years of sworn service with the department and resides within 20 miles 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 personal use but for work only
Section 5. A member who lives beyond the 20 mile 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 long -term employees, giving
recognition for continuous and meritorious service, longevity benefits are available as outlined
below. Employees eligible are those who:
a) have been employed with the City on a regular full -time and continuous basis for a
minimum of five (5) years, and
b) have an overall '`Meets Standards" or above rating on the previous employee
evaluation.
Employees will receive a cash Lump Sum Bonus as follows:
On the employee's fifth (5 anniversary a lump sum payment of $500.00.
On the employee's tenth (10 anniversary a lump sum payment of $1,000.00
On the employee's fifteenth (15 anniversary a lump sum payment of $1,500.00
On the employee's twentieth (20 anniversary a lump sum payment of $2,000.00
On the employees twenty -fifth (25 anniversary a lump sum payment of $2500.00
This 25 anniversary payment will be added in this year of the contract so as a one time
agreement that if any employee who has surpassed their 25 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 actual anniversary date.
Section 2. Any pay earned for Longevity Benefits is subject to required federal
deductions.
Section 3. Benefits shall not be paid beyond termination payouts. Employees who
terminate from City employment prior to their anniversary date will not be entitled to Section 1
benefits. Employees in the DROP plan are not eligible for longevity pay.
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ARTICLE 38
DETECTIVE FIRST GRADE
The rank of Detective First Grade, now having been fully re- established in the agency and
organizational chart will continue as follows. The current promotional list will immediately
expire upon ratification of this contract. Newly promoted Detective First Grade must
subsequently complete a one (1) year probationary period. The promotional list shall be valid for
one year from the date the official list is published.
68
Agreed to this _ day of , by and between the respective Parties
through the authorized representatives of the PBA and the City.
i
'Cy P • BEACH COUNTY
a' PO t \CE BENEVOLENT ASSOCIATION
aLiki (A/ altAUU By: \;, .--
' lit ess J - =a'- " ident Atlar AI
Alt _ k St, Witness y Gary ' t • � , I, eral Counsel
CITY OF BOYNTON BEACH
By:
Witness Mayor — Jerry Taylor
ATI EST:
Witness
Janet M. Prainito
APPROVED AS TO FORM City Clerk
AND CORRECTNESS:
City Attorney City Manager
Ratified by City Commission Ratified by Union
6) '5
Date Date
69
Agreed to this j day of D! , by and between the respective Parties
through the authorized representatives of the PBA and the City.
PALM BEACH COUNTY
/ fs) k C ' ,
/ PO ► : NEVOLENT ASSOCIATION
A Y
Jo ���anjint fr
� f '� � e, u t� By: ...A . _,� . /
itness Gary Lipp . 1 7G e Cal Counsel
CITY OF BOYNTON BEACH
t AWL / f 3...eTN-1Q- By: t ' , /,-1,/ Witness — ► ay or - i er ry Ta
ill
�..t,'1 a -� - � �f^, ATTEST:
1 ` 1 P
Witness �: i f
-t M. Prainito i ,
APPROVED AS TO FORM IIIII Clerk
AND C0� '' P/ SS:
City Attorney a nager - Lori LaVerriere
Ratified by City Commission Ratified by Union
Ju,ne� j8, a0/3 (si ', • 20 f 5
Date Date
69