Loading...
2012-2013 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE OFFICERS AND DETECTIVES OCTOBER 1, 2012 - SEPTEMBER 30, 2013 I ABLE OI ( ( )N I EN I's ARTICLE PAGE Nu 1 Preamble 4 2 Recognition 3 Non - Discrimination , 4 Dues Deduction 5 Union Business 6 Bulletin Board t) 7 Promotions & Demotions 1 + ) 8 Vacancies and Probation , 9 Management Rights ; 4 10 Advisory Committee ! f, 11 Hours of Work and Overtime 12 Wages ,, 13 Seniority '4 14 Additional Monetary Benefits '6 15 Uniforms 16 Medical Expenses : ; 17 Group Insurance ; 18 Leaves , 19 Holidays 4_" 20 Funeral Expenses -44 21 Equipment Maintenance & Safety 1 22 I raining -1E5 23 Career Path Program 18 24 Personnel Records °i.� 25 Legal Action 26 Discipline 27 Grievance and Arbitration Procedure -,� 28 Rights of Bargaining Unit Members Under Investigation S' 29 Past Practices �() 30 Personal Vehicles 60 3 Department Polices, Rules & Regulations 01 32 Posting 62 33 Complete Agreement and Waiver Clause 47 34 Severability 64 35 Duration ,,., 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 Cif). of Boynton Beach, Florida. heremater referred to as the "City" and Palm Beach County Police Benevolent Association. located in \\ e Palm Beach, Florida, hereinafter referred to as the "PBA" for the purpose of setting north the Parties' Agreements regarding rights. wages, hours, terms. and conditions of employment. ,snd benefits. 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, any: there shall be no discrimination, interference, restraint or coercion by the City. or any (its representative, against any officer because of membership or because of any activity in an official capacity on behalf of the PBA. [he 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. ['he City and the PBA shall work jointly to eradicate discriminatory conduct in the work place 1 o that end. tilt. City and the PBA agree that bargaining unit members have an affirmative duty 5o act agains discriminatory behavior when it occurs in their presence or comes to their attention Discriminatory conduct by an employee can result in disciplinar, action up to and including termination. Discriminatory conduct means any communication, verbal or non_L erbal. which unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race. , ,ex. cola religion, national origin, handicap, familial status, sexual orientation. age. or marital status 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 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 (`IT Y 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 interna& 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 he arhitrary ,,, capricious, nor shall it allow the CITY to proceed in a manner which deprives the employee zit 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 dut except &, referenced in Section 1. 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 arc listed in Police Sergeants Collective Bargaining Agreement B. Eligibility requirements to test for the Detective First Grade Must have five ; " years of consecutive service with the Boynton Beach Police Department as Polies 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 promotional examination process Material used will be communicated in ih 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 i 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 statc- approver police academy, an accredited university. or a military approved facility hetm 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- 9years .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. 11 B. The Chief of Police may deny a promotion to an person on the promotional list has been suspended without out pay within the past three 0) years from the Batt' 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 mvoluntanly. will regain the rank from which they were promoted 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. 13 ARTICLE 9 MANAGEMENT RIGHTS Section 1 The PBA recognizes that except as provided in this Agreement and by lay, the City has the exclusive right to manage and direct the Police Department Accordingly, hilt 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 ano shifts to be worked F. 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 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 psychological testing to determine fitness for duty without such testing being approved by the Police Chief and the City Managei .1 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 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. 15 ARTICLE 10 ADVISORY COMMITTEE Section 1. By mutual agreement between the City and the PBA, they may establish ,, joint committee. The PBA membership shall consist of persons designated by the PBA iron' 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 P M., Monday through Fridati 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 tor that. purpose Attendance tor a rneettne outside of regular working hours shall not be deemed as time worked and participants will hw receive additional pay or leave benefits Section 3 Attendance by other than members of the PBA and City Admmtstrati e 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 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 11), it is a Management Right to establish and change the starting and quitting times and the number of hours and shifts to be worked f'he 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 1 ;ntfornt Services shift schedules shall not be changed without the City providing thirty t 0' da 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 emergent, or during an ongoing immediate investigation. Members of the Bargaining Unit acknowledge that they hay t an obligation to come to work physically and mentally prepared to efficiently and etfecttvel4 carry out their responsibilities No member of the bargaining unit shall be scheduled either 17v the department or through shift swaps. details, or over -time. to work more than 1 h hours of dim in a 24 hour period, except during emergencies or where overtime is required to complete an oti 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 tudtctas responsibilities. 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 MIMI $50,610.23 • ! $52,979 22 - • $55,348.21 Ste. 4 $57,717.20 $60,086.19 Ste. 6 $62,455.18 EMI= $64,824.17 Ste. 8 $67,193 16 Ste. 9 $69,562.15 Ste. 10 $71,931.14 D E r, T . 1st G R $urg A D • fix' 19 Section 2. Promotion within the Bargaining Unit Effective upon ratification of this contract. a member who is promoted within tht' 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 ot 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 ht. brought to the starting rate upon promotion Section 3: Officers, while assigned as Field braining Officers and who hay , 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 (F'IO) 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 braining Division responsible for newly hired probationary members° `ln- Service instruction. to mcludc Phase One of the Field Training Program 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 21 as a team. B. K -9 Umt. Members assigned to the K -9 Unit will receive one (11 hour of overtime for K -9 care, equipment maintenance and vehicle cleaning for each RI)( r vacation day where the dog is not kenneled or otherwise boarded K -9 officer - will be allowed one (I) hour of duty time per work day to tend to K -9 car.• equipment maintenance and vehicle cleaning Members on ‘.acatton will he credited one hour per day for K -9 care, equipment maintenance and vehicle cleaning. Section 5. All bargaining members should at least make the current base salary 1 he following Officers Baldino, Schrecengost, Rivera, and Melo should be brought to the current starting pay effective upon ratification of this Agreement The aforementioned officers w 111 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 ; 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 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. 23 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 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, ,1u1y 4th. or any other event) shall he 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 ,,t personnel are considered. Seniority may not in all cases be a prevailing qualification or the ,soli. basis for the selection. The decision may he reviewed upon request by the Chief of Pohce ho has the final decision. 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. 25 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 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 (y1 the end of the month of August. Section 2. Special Detail Assignment All Bargaining Unit Members assigned to cover special details may report directly ti their assignment without prior checking in or out at the police station. but must advise , supervisor personally or by radio. Bargaining unit members assigned to a special detail shah 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 tit 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 pa), When au officer is called for call back he /she will be guaranteed a minimum of three (3) hours at time and 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 appearanc. purposes during the employee's off -duty hours shall be paid one -half the straigly time hourly rate for each hour on standby up to a maximum of eight (8) hours .,, 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 , additional hour at straight time. If an officer does go to court he will be paid tor the court time indicated in Section A and not receive standby time pa' C Bargaining unit members may report directly to court without prior check in at Inc police station. Members are still required to document their attendance at tnc 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 um... and one half for each day (24 hour period) on call. No member will be placed "on- call" withoun 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 . shift swap will follow the proper protocol If the officer is sick and cannot meet his /hel obligation to work the shift, they are permitted to find a replacement without penalty, It any 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 ( "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 regular rate of pay shall be increased by five percent (5 %) for all such hours. 29 A. The City agrees that when assigning a Police Officer supervisory duties it shat I 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. it a it,; exists, the City agrees to assign the most senior on -duty Field Training Officer a OIC B. The City agrees that when assigning an Investigator or Detective supervisor' duties it shall designate the senior Detective 1' Grade, the Investigator who highest on the promotional list for Detective 1'` 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 moss senior on -duty Detective 1" Grade or Investigator as the IIC K 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 31 equivalent to the cleaning benefit provided to uniform officer„ [his will he paid al the end 0 each quarter of the contract year. This allowance shall commence from the date of assignment on a pro -rated basis. 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). 33 Section 5 The City will provide for AIDS and Hepatitis screening in all instance - where a member is exposed to situations /persons presenting a biological contamination threw i Results of these tests will be kept confidential 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. 35 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 ($50M00 001 life insurance policy to all bargaining unit members at no expense to the employee The pohc; shall bear a double indemnify provision for death occurring in the line of duty. This shall be II' addition to any other benefits required by State or Federal lay\ 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 0 days shal be on a first come first serve basis regardless of seniority C. Request for emergency vacation leave will considered individually by the Chiet Section 2 Sick Leave A. Employees will earn ninety -six (96) hours of sick leave per year at the rate 0 , 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, w, 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 tirm 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 he 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 a October 1. of any contract year may convert 50° o of the excess over one hundrec twenty (120) hours to a cash straight time payment not to exceed one hundred (1 00) hours in any fiscal year. 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 "house calls" by supervisors or their designees unless they have been placed 01 � 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 mad convert excess sick leave time .�. defined in accordance with this section to vacation time not to exceed forty (400; 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 he paid out upon termination rat 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, toster parents_ brother, sister, husband, wife, son. daughter, grandparents, grandchildren. mother - to -1av~ father -in -law, sister -in -law or brother -in -law, grandparents of spouse and any permanent famtld member of the household, such employee shall be entitled to paid compassionate leave not te, exceed three (3) consecutive shifts for any, one death llowever_ if it necessary for the employee to leave the State in connection with the internment of the deceased, five consecutive shifts shall be allowed. Employees must verity attendance in writing, in order to be eligible for this article. The City Manager may grant additional leave under this section, except that such additional leave shall be debited against the employee's accrued sick or annual leave. 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 11n Section 2 above, but instead to have the equivalent straight time holiday hour added as a lump sum to their accrued vacation balance, (i.e. 1 10 hours for 4 employees and 88 hours for 5/8 employees and 126.5 hours for 3 -4.1 1.; B. Members who sign up for this section must do so between October 1st dna October 31st of each contract year via memo to the Division Commander C. Members exercising this option for conversion will be paid onl) straight time to= the hours worked on the holiday 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. 43 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 hn, authorized representative, designate by name and address, the individual to whom such funds arc to be paid. 74 [, 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. 45 ARTICLE 22 TRAINING Section 1. All training required of the officer by the Police Department when off dui', will be compensated at time and one half, except for training or travel activities that are off sitc and considered to be seminars, conferences. and special programs where expenses incurred arc 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 universitie<, 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 priN ate schools are grandfathered in at private school rates. Reimbursement rate percentages are _t follows: "A" equals 100% of tuition and books rir. "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. 47 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 1 Education Requirement (job related) 160 hours - Career Incentives of Training Courses 3 Average or above average performance evaluation for the past two f 2 'i years 4 Incentive pay increase - 5% C. Skill Level One (I) 4 H 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. 49 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. l he 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 allot 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 an 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 /I.A file 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. 51 ARTICLE 26 DISCIPLINE Section 1. The Parties recognize that the interests of the community and job securnt\ of the bargaining unit members depends upon the City's success in providing proper ancx 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 he 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 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. 53 ARTICLE 27 GRIEVANCE AND ARBITRATION PROCEDURE Section 1 A grievance. as used in this Agreement, is limited to a complaint request of a bargaining unit member or the PBA which involves the interpretation or apphcatior 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 (_ ►tv 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 of 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 <R 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 55 arbitrator shall have no power to modify, amend, or alter this Agreement. I he expense o: 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 to expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal. the (`ttL 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 arbitrator panel and select an arbitrator within fifteen (15) working days will result in the untimelt Party's acceptance of the timely Party's selection of any arbitrator from the FMCS of AAA list provided. (2) After an arbitrator has been selected, the arbitration hearing shall he held no 'met than thirty (30) days thereafter, unless the arbitrator is unavailable within this thirtv t 3(1t 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 li\ mutual agreement of the Parties, the transcript may be submitted to the arbitrator in hen of briefs (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. 57 ARTICLE 28 RIGHTS OF BARGAINING UNIT MEMBERS UNDER INVESTIGATION The City of Boynton Beach agrees that in the investigation of all bargaining una 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 ma post a copy of Sections 112.532 and 112.533, Florida Statutes on the bulletin boards referenced in Article 6 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. I. Three (3) complete uniforms per year, as needed. 59 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. nc 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. 61 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 .3 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. hf 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. 63 ARTICLE 34 SEVERABILITY Section 1. If any provision of this Agreement is found to be invalid by any court,,, having jurisdiction in respect thereof, such findings shall not affect the remainder of thl, 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 begin negotiations of a replacement Article or Section. 6 4 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. 65 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 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 tor work onl' Section 5. A member who lives beyond the 20 mile radius described in paragraph above will be assigned a specific vehicle from the pool but may not take hisiher car home 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. 67 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 muss 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 Agreed to this 1 day of 0/ , by and between the respective Parties through the authorized representatives of the PBA and the City. j PALM BEACH COUNTY 1 PO ■ : NEVOLENT ASSOCIATION 4 U. v By: 1. �_ Jo `� anji. ' %nt �.•14W111., 1 if Nu By: 4. ` . itness Gary Lipp a , •e ral Counsel CITY OF BOYNTON BEACH 4.0 ti ' LPL By: ,' ' ti�'l�� Witness I ayor - 4 erry Tao or (�y I ,' 4'citaiilnatA ATTEST: Witness M , p • M # ,i, . -t M. Prainito . ,. i APPROVED AS TO FORM • ty Clerk °` AND C t , / SS: kr d i` 1 7r0 N 17 ' City Attorney anager - Lori LaVerriere Ratified by City Commission Ratified by Union June, is, aQ /3 (L -, . 2013 Date Date 69