2013-2016 •
AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
• POLICE LIEUTENANTS
FOR A TERM ENDING SEPTEMBER 30, 2016
•
• TABLE OF CONTENTS
1 TO BE CORRECTED ON FINAL DOCUMENT
ARTICLE PAGE NO
1 Preamble 4
2 Recognition and Notice 5
3 Non - Discrimination 6
4 Dues Deduction 7
5 Union Business 8
6 Bulletin Board 9
7L Temporary Assignment 10
8L Vacancies and Probation 11
9 Management Rights 12
10 Advisory Committee 13
11L Outside Employment 14
12L Rate of Pay 15
13L Seniority 16
14L Call -Back Pay 17
15 Uniforms 18
16 Physician Services and Immunizations 19
• 17 Group Insurance 21
18 Leaves 22
19 Holidays 26
20 Funeral Expenses 27
21 Equipment Maintenance & Safety 28
22 Training 29
23L Article Reserved 31
24 Personnel Records 32
25 Legal Action 33
26 Discipline 34
26B Appeals of Disciplinary Action 36
27 Grievance and Arbitration Procedure 38
28 Reserved 41
29 Reserved
30 Personal Vehicles
31 Drug Testing 42
32 Posting 43
33 Complete Agreement and Waiver Clause 44
34 Severability 45
Page 2 of 56
TA - PBA 'T I4 City
• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• 35 Duration 46
36 Take Home Vehicles 47
37 Off -Duty Details (Secondary Employment) 50
38L No Strike or Lock Out 52
39 Pension
40L Workers' Comp and Duty Disability 54
41L Qualifications for a Bargaining Unit Position 55
Signature Page 56
•
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TA -PBA TA' -City
• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• 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, Inc., 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.
•
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TA - PBA TAY City
• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 2
RECOGNITION AND NOTICE
The City 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 classification: Police Lieutenant or as modified by PERC. The term
"member" or "employee" will mean any member in the bargaining unit.
The PBA recognizes the City Manager, the City's chief executive officer, or her designees as the
exclusive City representative(s) for the purpose of collective bargaining with respect to the wages,
hours and terms and conditions of employment of PBA bargaining unit employees.
All notices concerning the wages, benefits, and conditions of employment of bargaining employees
to the PBA will be addressed to the attention of PBA President with a copy to the PBA General
Counsel and mailed or delivered to 2100 N. Florida Mango Road, West Palm Beach, FL 33409. If
• changes occur, the PBA will advise the City in writing of the names and addresses of other PBA
representatives, if any, who are authorized to accept notices from the City. Notice by the City to
anyone other than those persons designated by the PBA does not satisfy legal notice and is not
binding on the PBA.
All notices to the City will be addressed to the City Manager with a copy to the City HR Director and
mailed to 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. If changes occur, the City will
advise the PBA in writing of the names and addresses of other City representatives, if any, who are
authorized to accept notices from the PBA. Notice by the PBA to anyone other than those persons
designated by the City Manager does not satisfy legal notice and is not binding on the City. � Page5of56
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TA - PBA T = City
• PBA Police Lieutenants and City of Boynton Beach - For a Tenn Ending September 30, 2016
• 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 both Parties 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.
Page 6 of 56
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A -PBA 7' City
• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• 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.
•
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TA - PBA TAB City
• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 5
UNION BUSINESS
Section 1. Elected PBA representatives who are on duty may 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 questioning and believes (s)he may be
disciplined. The City may negate the employee's concern regarding
discipline by written confirmation to the officer that (s)he will not be
disciplined based on answers provided in the questioning.
4. The employee is attending a pre - determination hearing.
1111 The CITY may deny a request for time off if it interferes with productivity or staffing
needs. However, the exercise of such right on the CITY'S part shall not allow the
CITY to proceed in a manner which deprives the employee of his or her right of
representation.
A PBA representative employed by the City may be permitted to take unpaid leave
to attend functions of the PBA. If the leave results in the City incurring overtime
directly related to the absence, the City will not approve the request.
Section 2. No employee may engage in PBA business or use City equipment or property while
on duty except as referenced in Section 1.
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TA - PBA - City
• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September30, 2016
• 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. The Union will supply locking style bulletin boards. 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. The Union will hold harmless and indemnify the City for
all claims or actions arising from materials placed on the bulletin board.
•
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TA - PBA TA - City
PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
•
• ARTICLE 7L
TEMPORARY ASSIGNMENT
Section ]. Lieutenants acting in the capacity of Senior Staff Officer shall be paid seven percent
(7 %) above the Lieutenant's regular rate of pay during the time assigned as Senior Staff Officer.
4111
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TA - PBA TK" -City
• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 8L
VACANCIES AND PROBATION
Section 1. 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. The decision to fill a vacant position is reserved to the discretion of the City
Manager.
Section 2. All newly promoted Police Lieutenants have a probationary period of one (1) year
from the date of promotion.
•
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TA - PBA TA -City
• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 9
MANAGEMENT RIGHTS
Section 1. It is the right of the City to determine unilaterally the purpose of its Police
Department, set standards of services to be offered to the public, and exercise control and
discretion over its organization and operations. It is also the right of the City to direct its employees,
take disciplinary action for proper cause, and relieve its employees from duty because of lack of
work or for other legitimate reasons. However, the exercise of such rights shall not preclude
employees or their representatives from raising grievances, should decisions on the above matters
have the practical consequence of violating the terms and conditions of any collective bargaining
agreement in force.
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.
•
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September30, 2016
• 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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• PBA Police Lieutenants and CityofBoynton Beach - Fora Term Ending September30, 2016
• ARTICLE 11L
OUTSIDE EMPLOYMENT
Section 1.
An employee may engage in outside employment, (including off -duty detail or self - employment)
with the approval of the City Manager and with the understanding that the employee's primary
duty, obligation and responsibility is to the City. Outside employment shall not be permitted when
the City Manager determines that such outside employment would result in a conflict of interest,
interfere with the employee's City work schedule, or otherwise be a conflict with the employee's
employment with the City. To request approval, an employee should:
(a) File an "Outside Employment Request Form & Affidavit" with the Human Resources
Department. The employee must notify the Human Resources Department of changes in
conditions of any outside employment.
(b) Make arrangements with the outside employer to be relieved from duty if called for
work by the City.
• (c) An employee must report all injuries sustained during any outside employment to
the employee's supervisor at the City prior to the employee's next scheduled work day at
the City. An employee's failure to report an injury sustained during outside employment
shall be grounds for corrective action.
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 12L
RATE OF PAY
Section 1.
The first full pay period followingEffective October , 2044, employees who are actively employed
on date of ratification ,will receive a one time wage adjustment as depicted in the matrix attached as
Appendix 1six percent (6 %) increase to their hourly rate of pay retroactive to October 1, 2014..
The percentage value of the incr asc is 1tariable Ivithin the bargaining - unit-te- reflect length of
service a :. • - •. The step plan is discontinued.
Effective October 1, 2015, employees will receive a three percent (3 %) increase to their hourly rate
of pay.
1 1 1 ' nd P : .. . • , _ _ 'b • .. . 4
year of this Agreement (Fiscal Yoar 2015 2016 -).
• No employee will receive a base wage increase that will take their base pay over top out pay.
Effective October 1, 2014, the minimum /maximum base pay for the bargaining unit position is:
Lieutenant: $101,295.79 - $121,087.35125,269.14.
GL Page 15 of 56
TA - PBA Tk' -City
• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September30, 2016
• ARTICLE 13L
SENIORITY
Section 1. Seniority shall be computed from the date of promotion. if two (2) lieutenants have
the same date of promotion, the date of initial promotion to the rank of Sergeant shall be the
determining factor.
Section 2. Seniority shall accumulate during all authorized leaves.
Section 3. Seniority shall be the determining factor for the selection of vacations.
Section 4. The City shall have the right to determine the number of lieutenants assigned to
each division and each shift.
Section 5. For lay -offs and other non- disciplinary reductions in personnel, Police Lieutenants
will displace lower ranking officers in the event that the department is required to lay -off
411 personnel. An example would be: if a police lieutenant's position is to be abolished, the incumbent
with the least seniority in the position of lieutenant would displace a Police Sergeant, who would
displace a Police Officer, who would displace any probationary or provisional or temporary, or be
separated as the case may require.
Section 6. Bargaining unit members who are demoted, voluntarily or involuntarily, will regain
the rank from which they were promoted.
6 Page 16 of 56
TA - PBA Tl� -City
• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 14L
CALL -BACK PAY
Section 1. The Union and City agree that each Bargaining Unit member is an exempt status
employee under FLSA, not eligible for overtime payments
Section 2. Employees will be called back to duty on the basis of seniority in the rank of
lieutenant.
•
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TA —PBA TFF! City
• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September30, 2016
• 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. Purchase of shoes shall be limited to $150.00 per pair. 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, for
clothing used at work, up to a total of $1,600.00 a fiscal year, limited to $400.00 installments at the
end of each quarter and pro -rated as appropriate. For bargaining unit members assigned to plain
clothes duty, who receive clothing, i.e. polo shirts, to wear in the performance of their duties, will
have the cost of such clothing deducted from the $400.00 in the quarter following the date such
clothing was ordered.
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 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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111 PBA Police Lieutenants and Coy of Boynton Beach - For a Term Ending September 30, 2016
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• Section 4. Body Cameras: An Advisory Committee will meet to discuss the use of body
cameras. This Article will be reopened for negotiations in August 2015.
•
CL Page 19 of 56
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 16
PHYSICIAN SERVICES AND IMMUNIZATIONS
Section 1.
A. The City shall provide a thorough annual physical examination, for
each bargaining unit member of the Police Department. Appointments for
those examinations will be made by the Police Department administration
and will correspond with the employee's on -duty time.
B. It is the responsibility of the employee to ensure that the physical
exam, as noted in Section 'A ", and all necessary follow -up testing be
completed in a timely manner, as scheduled. Failure to do so, due to the
importance of certification of fitness for duty, will result in the employee
being placed in an unpaid leave status until such time as the full exam •
process is completed. Employees will be given opportunities to schedule
appointments and /or associated medical tests while on duty.
C. Pursuant to the Florida Worker's Compensation Act, F.S. 440, as
• amended from time to time, and the Law Enforcement Heart and Lung Bill,
F.S. 112.18, as amended from time to time, expenses related to diagnostic
testing for an employee's 'fitness for return to duty', and expenses related to
a duty- connected injury or illness will be the responsibility of the City.
Section 2. The City shall provide for any immunizations or medical treatment as needed for
protection from cuts or exposure to disease suffered in the line of duty.
A. The City shall bear the cost of lead testing for the Range Instructors.
B. The City will provide for AIDS and Hepatitis screening in instances where
a member is exposed to situations or persons presenting a biological
contamination threat.
Page 20 of 56
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TA -PBA TAity
• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• Section 3. Immunization
A. The City shall provide an immunization schedule during the life of
this Agreement for all bargaining unit members as a means of protection
from the following:
B. Hepatitis - Type B: Members who refuse to be immunized for
Hepatitis Type B and who later contract that disease shall not be presumed
to have contracted the disease while on duty.
C. Hepatitis - Type A: Offered to all members of the bargaining unit
covered by this agreement.
Members who refuse to be immunized for Hepatitis Type A and who later
contract that disease shall not be presumed to have contracted the disease
while on duty.
D. The City shall offer flu shots for all members as a means of protection
from contracting the flu while working during flu season.
Section 4. It shall be mandatory for the City to notify the employee when documentation exists
• that the employee was significantly exposed to a communicable disease in the line of duty only after
such documentation is brought to the attention of the City. If an employee contracts a
communicable disease as listed in Section 112.181 of the Florida Statutes, as amended from time to
time, then it shall be presumed that the employee contracted that disease while on duty, except as
stated in this Article, Sections 3 -B and 3 -C. Record keeping and notification of known exposures
shall be as required by Chapter 112.181 Florida Statutes, as amended from time to time.
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411 PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 17
GROUP INSURANCE
Section 1. Medical, Vision and Dental Insurance
The City shall pay the total medical, vision and dental insurance Y P Y � su ance premium for all bargaining unit
members. The members will pay the full cost of medical, vision and dental insurance for their
dependents. October 1, 2014 coverage levels and benefits shall remain in effect until September 30,
2015 unless otherwise negotiated by the Parties. The City and PBA will reopen this Article in
August 2015 for the final year of this Agreement (fiscal year 2015 -16).
• b • - • e • cr se more than
1§44, = • - ! 5 the City and PBA will reopen negotiations to bargain the impact of
t4+e- +ncreases on employees.
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. 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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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
•
ARTICLE 181,
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
wears 152
8 years 160
9 years 168
10 years 176
11 years 176
12 years 176
13 years 176
14 years 176
1 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) 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.
Request for emergency vacation leave will considered individually by the
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FBA Police Lieutenants and City of Boynton peach - For a Term Eliding September 30, 2016
•
•
Chief.
ED. Effective upon ratification. the provisions of the City's Management
Package for additional vacation hours no longer appy to the hargainin unit
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 accordance 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 of eight (8) hours for continuous attendance at work at the completion of each
calendar quarter that the ba aining 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
t sober Septemhct 1q 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. This conversion payout will occur by
etember 30th.
C. Sharing Sick Leave
1. The City will permit an employee to donate accrued sick leave time to
another employee whenever extraordinary circumstances require the designated
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PBA Police Lieutenants and City of Boynton Beach - For c Temt Ending September30, 20i 6
•
•
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.
E. Sick leave for medical appointments is permissible and should be scheduled at least 48
hours prior to the appointment when possible.
F. 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 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.
G. 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 3. Personal Leave
)each me mber is grante rtd ma _ - nine 90 hour • f • . id personal leave. Year One (2014-10
will be prorated for the period from datesf ratificatipq I9 1011/15. Example: if the CBA is ratified
4/1/15, forty -five (45lhours of Personal Time may be used in the remainder of the fiscal year. The
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PBA Police Lieutenants and City of Boynton Beach — Fora Team Ending September 30, 2016
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•
Year Two (2015 -16) benefit will he the full ninety (90) hours. Personal Leave for employees hired
after ratification will be prorated. Unused Personal Leave will not be carried over year to year. will
not be paid if not used, and will not be paid out upon termination of employment. Personal time is
to be scheduled in the same manner as vacation. This benefit sunsets at the termination of this
Agreement.
Section_ !, Bereavement Days
Compassionate Leave: In the event of the death of the mother, father, foster parents, brother, sister,
husband, wife, registered domestic partner, 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 that such additional
leave shall be debited against the employee's accrued sick or annual leave.
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PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September30, 2016
1111
• ARTICLE 19
HOLIDAYS
Section 1. No employee's normal pay will be reduced because a holiday falls during the pay
period.
Section 2. The City will pay eight (8) hours of straight time pay for the following Holidays
whether worked or not:
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. An employee will receive 1.5 times their rate of pay for hours actually worked on
the actual holiday. If an employee's scheduled shift crosses the midnight day divide, (shift
examples: 3:30 P.M. - 3:00 A.M. or 5:00 P.M. - 4:00 A.M.), the employee will receive 1.5
times their rate of pay for their entire shift.
Section 3. The City agrees that bargaining unit members' hours of work and /or work
schedules shall not be altered to avoid the payment of holiday pay or hours.
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4111 PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• 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.
In the event of conflicting claims for payment, the City will interplead the funds by court proceeding
if the parties with conflicting claims cannot resolve their dispute within sixty (60) days.
•
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 21
EQUIPMENT MAINTENANCE & SAFETY
The City 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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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
•
• 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. Reimbursement rate percentages are as follows:
"A" equals 100% of tuition and books
"B" equals 75% 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.
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
•
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.
11111
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 23
RESERVED
•
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 24
PERSONNEL RECORDS
Section 1. A personnel file for all City employees is maintained by the City's Human Resources
Department. Employees may inspect and obtain copies of personnel files in accordance with
Florida Law.
Section 2. Internal affairs investigatory files will be maintained in accordance with Fl. State
Statutes.
Section 3. All bargaining unit members covered by this Agreement must be notified within 24
hours of the request 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, unless the file is
being inspected by a governmental agency (including IRS), or state attorney, in the conduct of a
lawful criminal investigation when confidentiality of the investigation is requested.
•
GL Page 33 of 56
TA -PBA TA CCity
• PBA Police Lieutenants and City of Boynton Beach - For Term Ending September30, 2016
• 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.
III
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III PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• 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 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.
1 Page 35 of 56
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September30, 2016
• Section 4. No Employee shall be subject to major discipline without first being afforded a pre-
determination conference with the City Manager. No pre- determination conference shall be
conducted with less than ten (10) calendar days' notice to the Employee.
Section 5. Suspensions will be imposed in increments of eight (8) hours loss of pay.
Section 6. Members will be ineligible to work off duty details during any calendar day on
which they are observing a suspension.
Section 7. The City will provide notice to the PBA when it an completes an investigation of
bargaining unit members that could result in disciplinary action or when an employee is given a
suspension.
•
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 26B
APPEALS OF DISCIPLINARY ACTION
Discipline is classified as either major or minor.
MAJOR DISCIPLINE is a:
• termination,
• demotion, or
• suspension without pay of more than sixteen (16) hours.
MINOR DISCIPLINE is a:
• written reprimand,
• suspension without pay of sixteen (16) hours or less.
Appeals of disciplinary action shall be handled as follows:
• MAJOR DISCIPLINE:
Major discipline may be by appeal to an arbitrator, by using the same procedure for appointment of
an arbitrator as set forth in Grievance Article above. The Union may request review of the discipline
by the City Manager provided it does so before the fifteen (15) day time limit for requesting
arbitration. If a meeting is requested, the fifteen (15) day time limit for requesting arbitration shall
be abated. The request for appointment of an arbitrator must be made in writing within fifteen
(15) calendar days of notice of the City's disciplinary action or review by the City Manager is
completed is review by the City Manager was timely requested.
The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision
of the arbitrator is final and binding on the parties. If the arbitrator reverses the discipline in its
entirety, the Employee will be made whole. Any and all procedures regarding arbitration which are
not specifically set forth in this Section shall be governed by Article 27, Sections 4 through 9. The
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• decision of the arbitrator is final and binding on the parties subject only to the rights of the parties
to confirm, clarify, or set aside the award as set forth in the Florida Arbitration Code.
MINOR DISCIPLINE:
Written reprimands may not be appealed but the Employee may submit a written response
provided the response is submitted within fifteen (15) days of the written reprimand. If a written
response is submitted by the Employee, it shall be attached to the written reprimand and placed in
the Employee's personnel file.
Suspensions without pay of sixteen (16) hours or Tess may be appealed to the City Manager
whose decision shall be final. An appeal shall be filed in writing within fifteen (15) days of notice of
the suspension without pay. The City Manager shall render a decision within twenty (20) days of
the appeal. The City Manager's decision may be to sustain, fully reject, or lessen the discipline. The
City Manager or her designee will conduct interviews with the grievant, departmental staff, or
members of the bargaining unit as part of his /her review of the discipline.
•
64-- Page 38 of 56
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• 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. Appeals of disciplinary action are not
grievances but may be brought following the procedures set forth in Article 26 B.
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.
111
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 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
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• 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 request
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 request must be
timely filed with the American Arbitration Association (AAA) or Federal Mediation and
Conciliation Service (FMCS) on or before the fifteenth (15th) day deadline, with a copy to the
City Manager. The rules for conduction the arbitration will not be the rules of AAA or FMCS
unless agreed to by the City and PBA, but will be governed by the terms of this Agreement.
Section 4. By agreement of both Parties, a meeting will be held at any step of the grievance
procedure.
Section 5. The arbitrator will be selected by mutual strike, with the Grieving party striking
first. Each Party has a one -time right to strike the entire panel. After an arbitrator has been
selected, the arbitration hearing shall be held on a date mutually agreeable to the City and the
Union.
Section 6. 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.
Section 7. A transcript of the proceeding will be made, unless waived by both Parties. The
cost, including the arbitrator's copy, will be shared equally by the Parties with the PBA share not to
exceed $500.00.
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• Section 8. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs,
if any, or of the transcript if Parties have agreed to submit the transcript in lieu of briefs.
Section 9. 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 10. A probationary employee may not grieve any matter concerning assignment, or
discharge for reasons of failure to meet performance standards.
Section 11. 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 12. 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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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 28
RESERVED
ARTICLE 29
RESERVED
ARTICLE MO
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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1111 PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 2-931
DRUG TESTING
The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. Bargaining
Unit employees are subject to random, reasonable suspicion, and post- accident drug testing. Post -
accident testing may be required by a supervisor in accordance with rules approved by the City and
the PBA. 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 a State certified laboratory for all drug testing.
•
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ( ARTICLE 1432
POSTING
Vacancies in positions or assignments will be posted in -house no less than fifteen (15) 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.
1111
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City
• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 3433
COMPLETE AGREEMENT AND NON- WAIVER PROVISION
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, Departmental Rules and Regulations and the City's Personnel Policy Manual and not
under any Civil Service Rule /Regulation and heretofore in existence. When the City or Police
Department intends to modify Department Rules and Regulations or the City's Personnel
Policy anual the will y e Cit ►II roe rded written notice to the PBA. The notice will include
City provided a
description of the change and an implementation date which shall be no less than 45 days
from the date of notice. If the PBA believes that that modification constitutes a change to
wages, benefits or conditions of employment, PBA will have 10 days from date of notice to
• advise the City if the PBA is requesting pre - implementation or post implementation impact
bargaining and to identity with specificity the manner in which the modification affects the
rights of its members. The PBA response shall include 3 dates and times when the PBA is
available to meet with the City to discuss /bargain the modification, excluding dates in the
first 10 days following the PBA request. When bargaining is requested, it shall begin no less
than 10 days following the PBA's request and shall be concluded within 14 days following
the first bargaining session. Unless otherwise agreed to by the City and PISA during their
bargaining, the modification will take effect as initially announced by the City, subject to
the PBA's right to continue impact bargaining. This provision is not a waiver, restraint or
limitation on the City's management right to determine unilaterally the purpose of its
Police Department, set standards of services to be offered to the public, and exercise
control and discretion over its organization and operations. All reference to days in this
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• PBA Police Lieutenants and City of Boynton Beach - Fora Term Ending September 30, 2016
• section means calendar days, inclusive of Saturdays. Sundays and Holidays.
Section 3. Nothing in this Agreement shall be construed or interpreted as a waiver of the PBA's
right to request bargaining or impact bargaining.
Section 4. Nothing in this Agreement shall be construed or interpreted as a waiver or
limitation on the City's management rights.
•
CL Page 46 of 56
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1111 PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 334
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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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
ARTICLE 3335
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, 2016. No base wage increase,
step, cost of living, or other compensation adjustments, except increases resulting from an
assignment, shall be paid beyond September 30th of each year, except as provided in a subsequent
Memorandum of Understanding or Collective Bargaining Agreement.
The following Articles are subject to reopened negotiations in 44-ay-August 2015 for the thi 1 -final
year of this Agreement (2015 -16):
Article 15 - Uniforms
Article 17 - Group insurance
•
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September30, 2016
• ARTICLE 3436
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 a twenty (20) mile radius 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 twenty (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.
Page 49 of 56
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 37
OFF -DUTY DETAILS (Secondary Employment).
All off -duty details (worked performed for a second party employer) require prior written approval
by the Chief of Police or his designee. Police Department Index Code 712 applies except as modified
in this Article.
The City will continue coordinating off -duty details. The net rate of pay for off -duty details paid to
the officer will be set by the PBA, but no less than $30.00 per hour with a three hour minimum.
The City will act as the conduit for payment for off -duty details from the second party employer to
the officer. Payment to the officer is contingent on collection from the second party employer.
Any payments for off duty detail work performed on behalf of a second party employer shall not be
considered compensation for pension calculation purposes'.
Each officer working an off -duty detail is deemed to be an independent contractor of the second
• party employer. However, police officers on off -duty details shall be permitted to utilize a City
police uniform, radio and vehicle. For such usage, the City shall receive $7.00 dollars per hour for
every detail worked to offset equipment costs.
1 (4) "Compensation " or "salary" means, for non - collectively bargained service earned before
July 1, 2011, or for service earned under collective bargaining agreements in place before July
1, 2011, the total cash remuneration including 'overtime" paid by the primary employer to a
police officer for services rendered, but not including any payments for extra duty or special
detail work performed on behalf of a second party employer.§ 185.02, Fla. Stat. Ann.
BB Pension Code: Compensation or salary. The total cash remuneration including lump sum
payments for accumulated sick and vacation leave and "overtime" paid by the primary
employer to a police officer for services rendered, but not including any payments for extra
duty or a special detail work performed on behalf of a second party employer paid directly to
the police officer by the second party employer.
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
•
Details shall be assigned only to those officers who are off duty and no officer shall accept any
off -duty detail when it interferes with his /her normal working hours. No swap of time is permitted
to accommodate an off duty detail.
Each officer, while working off -duty details, shall adhere to City conduct standards. Any misconduct
or breach of policies, rules and regulations will be handled through the Department the same as any
on -duty activity.
Any police officer who is on sick leave, workers' compensation or working light duty will not work
any off -duty detail during that period.
Any police officer on leave due to disciplinary matters shall not work off -duty jobs during the
period of that suspension or removal from active duty.
Any police officer may not work more than 24 hours of overall off -duty details during any 7 -day
• work period. Exception would be when officer is on vacation (minimum of 40 hours leave) then the
24 -hour limitation may be exceeded.
The Police Chief may suspend an employee's right to work off- duty details as a component of
disciplinary action as a result of a conduct violation committed while on an off duty detail.
The program changes outlined above will take effect 1 /1 /15the first of the month following 90 days
after ratification.
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.
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 38L
NO STRIKE OR LOCK -OUT
Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of
Sergeants from their positions, the concerted stoppage of work, the concerted submission of
resignations, the concerted abstinence in whole or in part by any group of Sergeants from the full
and faithful performance of their duties of employment with the City, participation in a deliberate
and concerted course of conduct which adversely affects the services of the City, picketing or
demonstrating in furtherance of a work stoppage, either during the term of or after the expiration
of a collective bargaining agreement.
Section 2. Neither the Union, nor any of its officers, agents and members, nor any employee
organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or
condone any strike, sympathy strike, slowdown, sick -out, concerted stoppage of work, illegal
picketing, or any other interruption of the operations of the City.
111 Section 3. Each Sergeant who holds a position with the City occupies a position of special trust
and responsibility in maintaining and bring about compliance with this Article and the strike
prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida. Accordingly, the
Union, its officers, stewards and other representatives agree that it is their continuing obligation
and responsibility to maintain compliance with this Article and the law, including their
responsibility to abide by the provisions of this Article and the law by remaining at work during any
interruption which may be initiated by others; and their responsibility, in event of breach of this
Article or the law by other employees and upon the request of the City, to encourage and direct
employees violating this Article or the law to return to work, and to disavow the strike publicly.
Section 4. Any or all Sergeants who violate any provisions of the law prohibiting strikes or of
this Article may be dismissed or otherwise disciplined by the City.
Gt
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111 PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• NEW ARTICLE 39L
PENSION
Section 1. Bargaining Unit Members hired as Police Officers on or after October 1, 2015,
and who thereafter are promoted into the Police Lieutenants' Bargaining Unit, will have a
pension multiplier of three percent (3%).
•
Page 53 of 57
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
• ARTICLE 40L
WORKERS' COMPENSATION AND DUTY DISABILITY
Section 1. A bargaining unit member covered by Florida Statute, Chapter 440, Workers'
Compensation, and in accordance with provisions set forth hereunder, shall be authorized to be
absent from work due to injury or illness incurred while on duty, and directly related to work
performed, until he or she reaches maximum medical improvement or two (2) years, whichever
comes first.
Section 2. Sworn bargaining unit members who sustain a serious injury on -duty while in fresh
pursuit (as defined in §112.19(d), Florida Statutes (2003)) or in the apprehension of a violent person, or
who sustain a serious injury while engaged in law enforcement activities will receive a supplement to
their workers' compensation that will provide 100% of their base salary for up to one hundred eighty
(180) calendar days UNLESS OTHERWISE NEGOTIATED IN A WORKERS COMPENSATION PRECEEDING.
Section 3. Bargaining unit members absent from work due to injury or illness unrelated to the
• performance of duty, shall have twelve (12) months to return to full duty.
G s( Page 54 of 56
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
•
ARTICLE 41L
QUALIFICATIONS FOR A BARGAINING UNIT POSITION
Section 1. Qualifications for a bargaining unit member are: those who have completed three
(3) years of continuous r }T - -b ridgct service as a Sergeant with Boynton Beach Police Department
immediately prior to entering the bargaining unit and have obtained a Bachelor Degree from an
accredited university. Current bargaining unit members are eligible for appointment to the next
highest rank in the department. Additional criteria for evaluation and appointment shall be
established by the Police Chief with the assistance of the Human Resources Department and the
PBA. All promotional opportunities will be posted for a period of thirty (30) days before closing.
Section 2. All Lieutenants shall serve a one year probation from the date of appointment.
During a Lieutenant's probationary period a Lieutenant is subject to removal from appointment,
without statement of cause. A promoted Lieutenant removed from her /his position during
• probation, shall be reassigned to the position that they were promoted from.
Page 55 of 57
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• PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September30, 2016
Agreed to this"" day ofj 1 n (/' 1 6 , by and between the respective Parties through the
P g
authorized representatives of the PBA and the City.
PALM BEACH COUNTY
PO . CE BENEVOL .NT ASSOCIATION
d n l _ By: � a_
it John ii 1V. de nt
I L By: � ■ A >
Witness Gary Lippm. n, G:, /. Counsel
CITY OF BOYNTON BEACH
,2 ■LJIL/ Are cer)- By: 7 lG I?/
Witness Mayor - Jer Taylo
ATTEST: 0
I. i / e/X
, J 6 anet M. Prainito, City Clerk I , V.
4 > T . �4
ON
APPROV I AS " 0 FORM
AND CI L// i ''E ' dA.,,....,(.)
,.
City Forney ir City Manager
Ratified by City Commission Ratified by Union
- ,,) - /5 ` 9';) . asoi3
Date Date
Page 56 of 56
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PBA Police Lieutenants and City of Boynton Beach - For a Term Ending September 30, 2016
I