R16-147 RESOLUTION R16-147
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, RATIFYING A COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND THE PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION (PBA) FOR THE OFFICER AND
DETECTIVE BARGAINING UNIT FOR THE PERIOD OF
OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019;
1,1 AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
1'
1 . WHEREAS, the City and the Palm Beach County PBA successfully negotiated a
1 new three year Collective Bargaining Agreement; and
1 . WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
1:. and
1 , WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
1: the best interests of the residents and citizens of the City to ratify and execute the
1 Agreement.
21 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION
2
2' OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2.
2 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
2. ratified and confirmed by the City Commission.
2. Section 2. The City Commission of the City of Boynton Beach, Florida does
2r hereby ratify the Collective Bargaining Agreement between the City of Boynton Beach
2: and the Palm Beach County PBA for the Officer and Detective bargaining unit for the
2? period of October 1, 2016 through September 30, 2019, and authorizes the Mayor and City
31 Clerk to sign the Agreement, a copy of which is attached hereto as Exhibit "A".
31 Section 3. This Resolution will become effective immediately upon passage.
- 1 -
PASSED AND ADOPTED this AAA day of November, 2016.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor— Steven B. Grant
11
1 Vice Mayor—Mack McCray
1.
Commissioner—Justin Katz
1,
1, Commissioner—Christina L. Romelus
1. 1
1 Commissioner—Joe Casello jSz%/i /
11..
1'P ,�`
211 VOTE "`�'U
2
2' ATTEST:
2
21 Ju4t(h A. Pyle, CMC/
2, qty Clerk
2.
2' ` 9 .tr....
3')
3 (Corporate Seal)
3 ' \. 4
3 .
-2-
1C, - V-r±
AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
POLICE OFFICERS AND DETECTIVES
FOR A TERM ENDING SEPTEMBER 30, 2019
TABLE OF CONTENTS
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
7 Assignment Pay 10
8 Vacancies and Probation 12
9 Management Rights 13
10 Advisory Committee 14
11 Hours of Work and Overtime 15
12 Wages 17
13 Seniority 21
14 Additional Monetary Benefits 22
15 Uniforms 25
16 Physician Services and Immunizations 26
17 Group Insurance 28
18 Leaves 30
19 Holidays 33
20 Funeral Expenses 35
21 Equipment Maintenance &Safety 36
22 Training 37
23 Career Path Program 39
24 Personnel Records 40
25 Legal Action 41
26 Discipline 42
26B Appeals of Disciplinary Action 44
27 Grievance and Arbitration Procedure 46
28 Reserved 49
29 Reserved 49
30 Personal Vehicles 50
31 Drug Testing 51
32 Posting 52
33 Complete Agreement and Non-Waiver Provision 53
34 Severability 54
35 Duration 55
36 Take Home Vehicles 56
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37 Off Duty Details (Secondary Employment) 57
38 Detective First Grade 60
39 Pension 61
Appendix 1: Field Training and Police Training Officers 62
Addendum "A": Drug Free Workplace Policy 63
Addendum "B": Mutual Consent Agreement 76
Signature Page 78
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
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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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
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 classifications: Police Officer and
Detective, 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.
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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.
i/kcit
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ARTICLE 4
DUES DEDUCTION
Upon receipt of a notice from the PBA and approved by the City which has been
voluntarily executed by a City employee who is a member of the bargaining unit, the City
will deduct from the pay due the 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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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.
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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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
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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ARTICLE 7
ASSIGNMENT PAY
Employees may be assigned to or removed from specialty units at the discretion of the
Chief of Police. With the exception of assignments to K-9, marine and motorcycle,
assignments may not be declined if the assignment has been posted and less than two
members apply for the assignment. An assignment taken involuntarily will not exceed 90
calendar days in total. Removal from an assignment is not subject to grievance. Only the
following assignments have.a temporary monetary benefit,which ends when the employee
is removed from the assignment:
ASSIGNMENT: MONETARY VALUE:
FT01 (Field Training Officer) 7% when actively training for one or more full
shifts.
PT01 (Police Training Officer) 7%when designated to training activities.
SWAT (Special Weapons &Tactics) 10% when engaged in actual response, not
training.
K-9 and Therapy Dog Unit Employees assigned to the K-9 Unit or to work
with a therapy canine will receive one (1) hour
of overtime for K-9 care, equipment maintenance
and vehicle cleaning for each regular day off,
vacation day when the dog is not kenneled or
otherwise boarded. K-9 officers will be allowed
one (1) hour of duty time per work day to tend
to K-9 care, equipment maintenance and vehicle
cleaning. Employees on vacation will be credited
one (1) hour per day for K-9 care, equipment
maintenance and vehicle cleaning.
OIC (Officer in Charge) 7% following four (4) consecutive hours of
assignment.
IIC (Investigator in Charge) 7% following four (4) consecutive hours of
assignment.
Grandfathered Detectives First Grade (DFG):
atIF
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
Effective June 2, 2015, no further promotions to the rank of DFG will occur (the rank has
been eliminated). The members that had been promoted into that position are
grandfathered in and remain without reduction in their current rate of base pay.
When a grandfathered DFG is promoted to Sergeant (SGT) (s)he is subject to the Sergeant's
Step Plan and will be placed in the first step (Step 0) regardless of previous salary.
Additionally, if(s)he is promoted during the duration of this contract, (s)he will receive the
following incentive pay for each year of this contract: a lump sum payment of $7500.00,
which will be paid in quarterly installments of $1,875.00 per quarter beginning after the
promotion date on the first full pay period following: October 15th, January 15th, April 15th,
and June 15th. This incentive expires when a Career Officer Program is agreed to or on
September 30, 2019,whichever comes sooner. (See Article 12 -Wages.)
Grandfathered DFGs assigned to the Liaison program will serve in that assignment for a
maximum of a year (from date of assignment) and will not be reassigned to that program
for a period of 24 months before repeating the assignment. Upon completion of the Liaison
assignment they will resume their previous DFG duties. The liaison program may be
started or stopped at the Chiefs discretion at any time per the needs of the agency.
This Article will took effect June 2, 2015.The provisions of the Article were not retroactive
in regard to promotional pay calculations to the members who were promoted out of this
CBA prior to June 2, 2015.
Effective 10/1/2014 the grandfathered DFG pay range is $54,373.67 - $85,939.58.
Effective October 1, 2016,the pay range continues to be$54,373.67 - $85,939.58.
See Article 12 -Wages for more information.
1 See Appendix 1 for FTO&PTO program guidelines.
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ARTICLE 8
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. Police Officer Recruits that are sponsored by the agency have a probationary
period of one year that starts after passing the FDLE certification exam.
Section 3. All newly hired certified officers have a probationary period of one (1) year from
the date of hire.
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ARTICLE 9
MANAGEMENT RIGHTS
Section 1. 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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ARTICLE 10
ADVISORY COMMITTEE
Section 1. By mutual agreement between the City and the PBA, they may
establish a joint committee. The PBA membership shall consist of persons designated by
the PBA from within the position classifications covered by this Agreement, and members
designated by the Chief of Police shall consist of persons within the Department, but
outside the bargaining unit.
Section 2. This committee may meet as needed by mutual consent, and meetings
may be held between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday or at
another mutually agreeable time. If a meeting is held during working hours of an employee
participant, said participant may be excused without loss of pay for that purpose.
Attendance for a meeting outside of regular working hours shall not be deemed as time
worked and participants will not receive additional pay or leave benefits.
Section 3. Attendance by other than members of the PBA and City
Administrative Officers will be by agreement of a majority of the members of the
Committee and shall first receive the approval of the Chief of Police.
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ARTICLE 11
HOURS OF WORK AND OVERTIME
Section 1. The work cycle for bargaining unit members assigned to 11.5 hour
shifts is a 28 day work cycle. The work cycle per bargaining members assigned to 8 and 10
hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit
members assigned to the 11.5 hour shift will be paid overtime for all hours worked in
excess of 172 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.
Example:
6:53 - 7:07 = 7:00
7:08 - 7:22 = 7:15
7:23 - 7:37 = 7:30
7:38 - 7:52 = 7:45
Section 2. Pursuant to Article 9, Section 1D, it is a Management Right to establish
and change the starting and quitting times and the number of hours and shifts to be
worked. Individual work schedules may be flexed (hour for hour) by personnel assigned to
specialty units, upon mutual agreement between employee and supervisor. The City may
flex a specialty unit member's individual's schedule for the purpose of avoiding the
payment of overtime, no more than eight times per fiscal year, Flexing of time must occur
only within a single work week. Uniform Services (group) shift schedules shall not be
changed without the City providing thirty (30) days advanced notice to the Union of the
change.
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Section 3. No member of the Bargaining Unit shall be required or allowed to
work more than sixteen (16) continuous hours except during a declared emergency or
during an ongoing immediate investigation or when overtime is required to complete an
on-duty assignment, i.e. late arrest. Members of the Bargaining Unit acknowledge that they
have an obligation to come to work physically and mentally prepared to efficiently and
effectively carry out their responsibilities. For the purpose of this section, work means
regular assigned duties and detail assignments, not to include court, depositions, filings,
and similar judicial responsibilities.
Section 4. 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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ARTICLE 12
WAGES
Section 1.
Effective October 1, 2016, the minimum/maximum base pay for each bargaining unit
position is:
Officer: $48,750.00 - $76,690.09
Detective: $48,750.00 - $76,690.09
Grandfathered Detective First Grade: $54,373.67 - $85,939.58
Effective October 1, 2016,the following step plan is in effect:
Sworn Annualized
Officer Base Pay
Year
0 $ 48,750.00
1 $ 50,212.50
2 $ 51,718.88
3 $ 53,270.44
4 $ 54,868.55
5 $ 56,514.61
6 $ 58,210.05
7 $ 59,956.35
8 $ 61,755.04
9 $ 63,607.69
10 $ 65,833.96
11 $ 67,808.98
12 $ 69,843.25
13 $ 71,938.55
14 $ 74,096.70
15 $ 76,690.09
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Year One (October 1, 2016 -September 30, 2017):
1. Officers:
On the anniversary date as a Sworn Police Officer occurring on or following October
1, 2016, an employee will advance to the step in the pay plan that corresponds to
his/her years of service as a Sworn Police Officer.
Year One Exceptions:
Officers who were hired on January 12, 2015 will be paid $53,000.00.
(Future wage adjustments to these employees will be at the
appropriate step in the Pay Plan.)
No exceptions are made for future years of this contract.
Sworn Police Officers who were hired between July 10, 1996 and June
21, 1999 will receive a lump sum payment of$1,250.00, which will be
paid in the second paycheck of the month following the employee's
anniversary date as a Sworn Police Officer.
2. Grandfathered Detectives First Grade:
Detectives First Grade who earned this rank on or after December 27,2012:
On the anniversary date as a Detective First Grade occurring on or following
October 1, 2016, an employee will advance to the step in the pay plan that
corresponds to his/her years of service as a Detective First Grade and will
receive an additional ten percent(10%).
Detectives First Grade who earned this rank on or before Apri11,2011:
On the anniversary date as a Detective First Grade occurring on or following
October 1, 2016, an employee will be compensated at the Maximum of the
Pay Grade for Grandfathered Detectives First Grade.
A lump sum payment of$1,250.00 will be paid in the second paycheck of the
month following the employee's anniversary date as a Detective First Grade.
3. A joint labor-management advisory committee will be established to collectively
dlop a Career Officer Program and corresponding Pay Plan. This group will
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
convene no later than February 1, 2017 and will provide recommendations and
considerations which will then be discussed during the reopener of this Article
beginning no later than March 1, 2018.
Year Two (October 1,2017 -September 30, 2018):
1. Officers:
On the anniversary date as a Sworn Police Officer occurring on or following October
1, 2017, an employee will advance to the step in the pay plan that corresponds to
his/her years of service as a Sworn Police Officer.
Officers who are at the maximum of the step plan will receive a lump sum payment
of$1,750.00, which will be paid in the second paycheck of the month following the
employee's anniversary date as a Sworn Police Officer with the department.
2. Grandfathered Detectives First Grade:
Detectives First Grade who earned this rank on or after December 27,2012:
On the anniversary date as a Detective First Grade occurring on or following
October 1, 2017, an employee will advance to the step in the pay plan that
corresponds to his/her years of service as a Detective First Grade and will
receive an additional ten percent(10%).
Detectives First Grade who earned this rank on or before April 1,2011:
On the anniversary date as a Detective First Grade occurring on or following
October 1, 2017, an employee will be compensated at the Maximum of the
Pay Grade for Grandfathered Detectives First Grade.
A lump sum payment of$1,750.00 will be paid in the second paycheck of the
month following the employee's anniversary date as a Detective First Grade
with the department.
Year Three (October 1, 2018- September 30, 2019):
The City and Union agree to reopen this Article for negotiations no later than March 1,
2018 to discuss recommendations and considerations from the established labor-
management advisory committee for a Career Officer Program. Should there be no
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
agreement on a Career Officer Program by July 1, 2018, the following provisions apply for
year three:
1. Officers:
On the anniversary date as a Sworn Police Officer occurring on or following October
1, 2018, an employee will advance to the step in the pay plan that corresponds to
his/her years of service as a Sworn Police Officer.
Officers who are at the maximum of the step plan will receive a lump sum payment
of$1,750.00, which will be paid in the second paycheck of the month following the
employee's anniversary date as a Sworn Police Officer with the department.
2. Grandfathered Detectives First Grade:
Detectives First Grade who earned this rank on or after December 27,2012:
On the anniversary date as a Detective First Grade occurring on or following
October 1, 2018, an employee will advance to the step in the pay plan that
corresponds to his/her years of service as a Detective First Grade and will
receive an additional ten percent (10%).
Detectives First Grade who earned this rank on or before April 1,2011:
On the anniversary date as a Detective First Grade occurring on or following
October 1, 2018, an employee will be compensated at the Maximum of the
Pay Grade for Grandfathered Detectives First Grade.
A lump sum payment of$1,750.00 will be paid in the second paycheck of the
month following the employee's anniversary date as a Detective First Grade
with the department.
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
ARTICLE 13
SENIORITY
Section 1. Seniority consists 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, or in the case of layoffs be
a factor in,the following matters:
A. Filling temporary vacancies. .
B. Layoffs. When evaluating who will be retained in the event layoffs are
necessary, the City will consider these factors:
Seniority 60%
Evaluations (20%)
Military Service (10%)
Non-required certifications or education (10%).
C. Selection of day or night shift and starting time.
D. Any special event (Holiday Parade, July 4th, or any other event) shall be
offered through a rotating list of bargaining unit personnel based upon
Department seniority. This section does not apply to special details which
require specified and established training and skills.
Section 3. Assignments to platoons, divisions, and units, is a management right.
Seniority will be given great weight in the selection process, after qualifications and
balance of personnel are considered. Seniority may not in all cases be a prevailing
qualification or the sole basis for the selection. The decision may be reviewed upon
request by the Chief of Police who has the final decision.
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. Employees who separate from employment with the Boynton Beach
Police Department and thereafter return to employment shall not be permitted to bridge
seniority.
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ARTICLE 14
ADDITIONAL MONETARY BENEFITS
Section 1. Compensatory Time
Members of the Bargaining Unit shall have the option of accumulating a maximum of eighty
(80) hours, per fiscal year, of compensatory time at time and one half. A bargaining unit
member who is promoted to a position outside the bargaining unit, or who retires, or who
is terminated, will be paid the balance of all unused compensatory time. Compensatory
time earned and accumulated shall be paid off totally in September of the fiscal year if not
utilized by the end of the month of August.
Section 2. Call Back
Call back is defined as any time an officer is called into work when he/she is off duty, or
when the work time is not contiguous with his/her assigned shift. In the event of call back
the employee shall be compensated for the actual time worked, but not less than three (3)
hours at the rate of pay one and one-half(1.5) times his or her regular rate of pay. When an
officer is called for call back he/she will be guaranteed a minimum of three (3) hours at
time and 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 2 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.
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Section 3. 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.
B. An employee who has been instructed to remain on standby for court
appearance purposes during the employee's off-duty hours shall be paid
one-half the straight time hourly rate for each hour on standby up to a
maximum of eight (8) hours of standby duty in any one day. A minimum
payment of one (1) hour straight time shall be paid for all standby
assignments. When an employee is required to stand by for eight (8) hours,
the employee shall receive four (4) hours plus one (1) additional hour at
straight time. If an officer does go to court he will be paid for the court time
indicated in Section A and not receive standby time pay.
C. Bargaining unit members may report directly to court without prior check in
at the police station. Members are still required to document their
attendance at the court house and submit documentation to the Department.
Section 4. 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 3 shall receive compensation of one hour of pay at time
and one half for each day (24 hour period) on call. No member will be placed "on-call"
without the approval of a division commander or other member authorized by the Chief of
Police.
Section 5. The City will establish the hours of work best suited to meet the operational
and fiscal needs of the Department. Any officer who accepts and participates in a shift
swap will follow the proper protocol. No officer shall pay or otherwise compensate a
fellow officer for swapping shifts. If the officer is sick and cannot meet his/her obligation
to work the shift, they are permitted to find a replacement without penalty. If any 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 6. Shift Changes - Employer
An officer will be given adequate advance notice as determined by the Chief of any change
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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 7. 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 a party 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 8. 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 seven percent (7%) for all such hours.
The City agrees that when temporarily assigning a Police Officer supervisory duties (OIC or
ICC), it shall designate the officer on-duty who is highest on the promotional list for
Sergeant. If there is neither a promotional list nor an on-duty officer on the list, the City
agrees to assign the most senior on-duty Field Training Officer as OIC. If there is not a Field
Training Officer on duty,the City agrees to assign the most senior officer on duty.
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
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.
Section 4. Body Cameras: An Advisory Committee met to discuss the use of body
cameras. The City and Union agree to reopen this section of the contract at the request of
the City at any time during the contract in order to formalize language surrounding the use
of Body Cameras.
Page 25 of 78
TA-PBA -City
PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
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.
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
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
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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TA-PBA TA-City
PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
ARTICLE 17
GROUP INSURANCE
Section 1. Medical,Vision and Dental Insurance
Effective October 1, 2015, the sole medical benefit plan available to employees is a High
Deductible Health Plan (HDHP). The City shall pay the total HDHP medical, vision and
dental insurance premium for all bargaining unit members while employed by the City.
The members will pay the full cost of HDHP medical, vision and dental insurance for their
dependents.
A. Medical Insurance:
Year One (October 1, 2016-September 30, 2017):
1. The premium cost for"employee only" HDHP medical insurance shall be paid by the
City. Employees are responsible for paying any premiums associated with covering
dependents.
2. The City will provide opportunities to convert an annualized total of up to one
thousand dollars ($1000.00), after pension deduction, of any combination of sick
and vacation time at the 100.% conversion rate to help fund their HSA. This
conversion can be done during the follow times:
a. November 1, 2016 - November 30, 2016 (any amount up to an annualized
total of$1000.00)
b. April 1, 2017 - April 30, 2017 (any amount up to an annualized total of
$1000.00)
c. For purposes of this Article, "annualized" means plan year October 1, 2016
through September 30, 2017.
kl<f Page 28 of 78
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
Year Two (October 1, 2017- September 30, 2018) and Year Three (October 1, 2018 -
September 30,2019):
1. The City and the Union agree to reopen this Article in July of each contract year if
any of the following conditions are met:
a) The premium cost for dependent coverage increases by more than
six percent(6%).
b) A type of plan other than a High Deductible Health Plan will be
offered
c) The deductible amounts for the High Deductible Health Plan
increases.
d) If the City's Employee Health and Wellness Center is not
operational by April 1, 2017.
2. Should none of the above-mentioned conditions be met, then the City and Union
agree to the terms of Year One (with the understanding that the dates are modified
to be reflective of that contract year) for the remaining years of the contract.
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 Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
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) 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.
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
C. Request for emergency vacation leave will considered individually by the
Chief.
Section 2. Sick Leave
A. Employees will earn ninety-six (96) hours of sick leave per year at the rate of
eight (8) hours per month. The use of sick leave will be in 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 bargaining unit
member has not used sick time, family sick time, and/or FMLA coded leave,
during the previous quarter, nor has been absent from work or on leave
other than non-FMLA vacation, scheduled sick, bereavement, compensatory
time, and/or jury duty. 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 that
they will accrue by September 30th, 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. The request for this conversion must be received
by the City's Finance Department between August 1st and September 1st. This
conversion payout will occur by September 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 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 member's
immediate family.
D. Sick leave for medical appointments is permissible and should be scheduled
at least 48 hours prior to the appointment when possible. Sick leave time
that is scheduled at least 48 hours in advance will be coded in the City's
payroll system as "scheduled sick leave" and will not count against the
employee for attendance purposes, including eligibility for bonus days as
referenced in Section 2A of this Article.
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
E. No member shall be placed on restricted sick leave unless that member has
had a counseling session related to attendance. 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.
Section 3. Personal Leave
Each member is granted and may use up to forty-six (46) hours of paid personal
leave each contract year. Personal Leave for employees hired after ratification will
be prorated. Unused Personal Leave will not be carried over from year to year, will
not be paid if not used, and will not be paid out upon separation of
employment. Personal time is to be scheduled in the same manner as vacation. This
benefit sunsets at the termination of this agreement.
Section 4. 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 Officers&Detectives and Ciry of Boynton Beach-For a Term Ending September 30,2019
ARTICLE 19
HOLIDAY PAY
Section 1. Bargaining Unit Members will receive Holiday Pay in the following manner:
A. The second paycheck in October, members will receive 90 hours
straight time Holiday Pay at current rate,of pay on check date. This
payment is for the following holidays:
o Veterans' Day
o Thanksgiving Day
o Day After Thanksgiving
o Christmas Eve
o Christmas Day
o New Year's Day
B. The second paycheck in January, members will receive 75 hours
straight time Holiday Pay at current rate of pay on check date. This
payment is for the following holidays:
o Martin Luther King,Jr. Day
o Presidents' Day
o Memorial Day
o Independence Day
o Labor Day
Section 2. Bargaining Unit Members must be actively employed on the paycheck date in
order to receive the Holiday Pay in Section 1.
Section 3. Bargaining Unit Members who leave employment must pay back any
holidays for which they were paid but were not employed on date of holiday.
This payment will be deducted from the member's final pay check at the
hourly rate at which the holiday was paid.
Section 4. New Hires will receive Holiday Pay on a pro-rated basis on the first paycheck
of the month following date of hire. The proration will be calculated as
follows:
A. If hired between October 1st and January 1st, (s)he will receive
Holiday Pay for only the holidays in Section 1A that occurred while
(s)he was actively employed.
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
B. If hired between January 2nd and September 30th, (s)he will receive
Holiday Pay for only the holidays in Section 1B that occurred while
(s)he was actively employed.
Section 5. There is no additional pay, premium or otherwise, for time worked on City-
observed or actual holidays.
Section 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do
not work on City-observed or actual holidays.
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
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 Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
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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TA-PBA TA)-City
PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
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 reimbursement for tuition and books, subject to
budget appropriation, 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.
B. The City shall reimburse for 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.
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PBA Police Officers&Detectives and Ciry of Boynton Beach-For a Term Ending September 30,2019
C. Reimbursement for amounts over the IRS allowable calendar year tax-free
benefit are subject to income tax withholding. The IRS allowable calendar
year tax-free amount for January 1, 2016 through December 31, 2016 is
$5250.00. The IRS may adjust this amount each year.
Section 4. The City shall provide reimbursement for authorized expenses
associated with training and special schools attended by the officer through approval of the
Department.
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
ARTICLE 23
CAREER PATH PROGRAM
Section 1. The Career Path Program has been discontinued. Members actively
participating in the program as of June 2, 2015 will continue to receive the ten percent
(10%) incentive until promoted out of the bargaining unit.
Section 2. A joint labor-management task force will be established to collectively
develop a Career Officer Program and corresponding Pay Plan. This group will convene no
later than February 1, 2017 and will provide recommendations and considerations which
will then be discussed during the reopener of this Article beginning no later than March 1,
2018.
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TA-PBA TA"City
PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
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 Florida 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.
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
ARTICLE 25
LEGAL ACTION
Section 1. In accordance with Florida Statutes, the City will provide legal defense for a
member against any civil damage suits wherein said member is a named party and wherein
the alleged damages were allegedly caused by the actions of said member while acting
within the scope of his/her authority and within the course of his employment.
Section 2. The City will indemnify all members against judgments for compensatory
damages entered against them as a result of their actions to the extent that the City is found
liable for such actions.
Section 3. The City will select the Attorney who is to defend the employee relative to
this Article.
Section 4. The employee will be responsible for filing any counterclaims at his/her
expense.
•
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
ARTICLE 26
DISCIPLINE
Section 1. The Parties recognize that the interests of the community and job
security of the bargaining unit members depend 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.
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.
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PBA Police Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
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 Officers&Detectives and City of Boynton Beach-For a Term Ending September 30,2019
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 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.
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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 less 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.
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ARTICLE 27
GRIEVANCE AND ARBITRATION PROCEDURE
Section 1. A grievance, as used in this Agreement, is limited to a complaint or
request of a bargaining unit member or the PBA which involves the interpretation or
application of, or compliance with, the provisions of this Agreement. 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.
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 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.
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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.
Section5. 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.
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.
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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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ARTICLE 28
RESERVED
ARTICLE 29
RESERVED
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ARTICLE 30
PERSONAL VEHICLES
Section 1. When an employee is required to use his/her personal vehicle in the
performance of police duties, said employee shall be reimbursed a mileage rate as
established by City resolution, excluding mileage traveled to and from the normal work
location.
Section 2. For the purpose of this Article, the performance of police duties shall
include attendance at court, depositions, administrative hearings, conferences with City
officials, schools and seminars.
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ARTICLE 31
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.
The Drug Free Workplace Policy approved by the City and the PBA is attached as
Addendum"A."
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ARTICLE 32
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.
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ARTICLE 33
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 Manual the City will provided`written notice to the PBA. The
notice will include 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 PBA 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 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.
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ARTICLE 34
SEVERABILITY
Section 1. If any provision of this Agreement is found to be invalid by any courts having
jurisdiction in respect thereof, such findings shall not affect the remainder of this
Agreement, and all other terms and provisions shall continue in full force and effect.
Section 2. In the event of such finding the Parties will meet within thirty (30) days to
begin negotiations of a replacement Article or Section.
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ARTICLE 35
DURATION
This Agreement shall take effect when ratified by the members of the collective bargaining
unit and the City Commission and shall remain in effect until September 30, 2019. 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.
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ARTICLE 36
TAKE HOME VEHICLES
Section 1. The City agrees to continue the take home vehicle program during the term
of this Agreement and to purchase as reasonably possible the number of vehicles sufficient
to supply eligible members of the bargaining unit.
Section 2. A Member is eligible for a take home vehicle if the Member has three (3)
years of sworn service with the department and resides within 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.
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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 1 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 $35.00 per hour with a
three (3) hour minimum.
Current Rates:
Regular Days:
Vendor Bill Rate: $42.00/hour
Officer Rate: $35.00/hour
City Admin Rate: $ 7.00/hour
Holiday/Premium Days:
Vendor Bill Rate: $52.00/hour
Officer Rate: $45.00/hour
City Admin Rate: $ 7.00/hour
Holidays and Premium Days Include:
New Year's Eve
New Year's Day
Super Bowl Sunday
Easter Sunday
Memorial Day
Independence Day
Labor Day
Halloween
Thanksgiving Day
Day After Thanksgiving (Black Friday)
Christmas Eve
Christmas Day
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 em WW loyer.
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Any payments for off duty detail work performed on behalf of a second party employer
shall not be considered compensation for pension calculation purposes1.
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.
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.
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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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.
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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ARTICLE 38
DETECTIVE FIRST GRADE
The rank of Detective First Grade has been eliminated. See Article 7 -Assignment Pay and
Article 12 - Wage's regarding the grandfathered rights of employees who previously
achieved that rank.
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ARTICLE 39
PENSION
Section 1. Bargaining Unit Members hired on or after October 1, 2015 will have a
pension multiplier of three percent (3%).
Section 2. Upon ratification of this Agreement,the City and the Union conformed to the
statutory requirement to negotiate provisions of SB 172, codified as Laws of Florida 2015-
39 by entering into a Mutual Consent Agreement. The Mutual Consent Agreement is
attached hereto as Addendum "B."
Section 3. The vesting period for Police Officers and Detectives hired on or after
October 1, 2016 is ten (10) years.
Section 4. The City and Union agree to reopen this Article at the request of City during
year three of this contract.
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APPENDIX 1 (Referenced in Article 7)
FIELD TRAINING AND POLICE TRAINING OFFICERS
The PTO and FTO programs will work in concert to prepare and evaluate newly hired
officers.
1. Field Training . Officer (FTO) DEFINED: Any sworn department member
assigned to Uniform Services in Road Patrol capacity working on any Platoon in full
uniform and marked police cruiser subject to the demands of receiving and handling
calls for service from Communications as their daily routine are available to train
newly employed personnel in the field.
2. Police Training Officer (PTO) DEFINED: A sworn member of the
Administrative Services Division who has been selected, in accordance with Article
32, and who has completed the requisite training as defined by the department's
Index Code on the PTO program.
a. Officers who are in training will occasionally require training from
members of other specialized units within the department, (e.g. Traffic, K-9, etc.)
The officers from those specialized units who provide this training will receive
seven percent (7%) incentive pay for hours worked in this training capacity. This
training incentive pay will be retroactive to the hours of their assignment.
3. PTOs and FTOs will be responsible for training all newly assigned
probationary employees.
4. In the event a PTO is reassigned from the PTO unit to any other duty
assignment, they will no longer be considered a PTO and will no longer receive their
assignment pay.
5. Assignment as a PTO or FTO is not a promotion to any rank.
6. An officer's assignment as a PTO or FTO can be ended or suspended at the
discretion of the Chief of Police.
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ADDENDUM"A"
DRUG FREE WORKPLACE POLICY
1.1 PURPOSE
The City of Boynton Beach is committed to providing a safe work environment for its
employees and our community. Drug and alcohol abuse is national problem that is
prevalent in society and impairs the health and safety of employees, promotes crime and
harms our local community. Moreover, the illegal possession, use, sale, and distribution of
controlled drugs are criminal acts that directly threaten the integrity of all employees in the
City. The City is addressing this problem through its DRUG FREE WORKPLACE Program.
Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to
balance our respect for individual privacy with our need to keep a safe and productive drug
and alcohol free environment. We encourage those who use drugs or abuse alcohol to seek
help in overcoming their problem. The City considers substance abuse to be an unsafe and
counterproductive work practice.
1.2 SCOPE
This policy applies to all PBA collective bargaining unit members at the City of Boynton
Beach.
1.3 DEFINITIONS
1. "Chain of Custody" refers to the methodology of tracking specified materials or substances
for the purpose of maintaining control and accountability from initial collection to the final
disposition for all such materials or substances and providing for accountability at each
stage in handling,testing,and strong specimens and reporting test results
2. "Confirmation Test", "confirmed test" or "confirmed drug test" is a second analytical
procedure used to identify the presence of a specific drug or metabolite in a specimen,
which test procedure used to identify the presence of a specific drug or metabolite in a
specimen, which test must be different in scientific principle from that of the initial test
procedure and must be capable of providing requisite specificity, sensitivity, and
quantitative accuracy.
3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating
liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens;
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methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs;
or a metabolite of any of the substances listed herein. Threshold detection levels are
established by Florida regulations. Therefore activities participated in while off duty may
result in positive drug tests. For DOT covered employees, alcohol includes any intoxicating
agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols.
Consumption of a preparation including alcohol (beverages or medicines) A list of the most
common medications which may alter or affect a drug test are found in Section 1.5, Letter I
of this policy. Employees and job applicants should review this list prior to submitting to a
drug test.
4. "Drug test" or "test" means any chemical, biological, or physical instrumental analysis
administered for the purpose of determining the presence or absence of a drug or its
metabolites.
5. "Employee" means an individual who works for salary, wages, or other remuneration for
the City and is covered by the workers compensation act.
6. "Employee Assistance Program" (EAP) is an established program for employee assessment,
counseling,and referral to an alcohol and drug rehabilitation program.
7. "Employer" means an agency within state government that employs individuals for salary,
wages,or other remuneration.
8. "Initial drug test" means a screening procedure of the blood and/or urine of employees and
job applicants for the presence of alcohol and illegal drugs in accordance with the Florida
Drug Free Workplace Program and appropriate Florida administrative rules.
9. "Job Applicant" means a person who has applied for a position with the City and has been
offered employment conditioned upon successfully passing a drug test.
10. "Mandatory-testing position/Safety-sensitive position" means with respect to a public
employer, a job assignment that requires the employee to carry a firearm,work closely with
an employee who carries a firearm, perform life-threatening procedures, work with heavy
or dangerous machinery, work as a safety inspector, work with children, work with
detainees in the correctional system, work with confidential information or documents
pertaining to criminal investigations, work with controlled substances, or a job assignment
that requires an employee security background check, pursuant to F.S. 110.1127, or a job
assignment in which a momentary lapse in attention could result in injury or death to
another person.
11. "Medical Review Officer (MRO)" means a licensed physician with knowledge of prescription
drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and
reviewing all positive confirmed test results and who may be responsible for contacting all
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individuals who test positive in a confirmation test to inquire about possible medications
which could have caused a positive result.The MRO need not be an employee of the City.
12. "Prescription or Nonprescription Medication" means a drug or medication obtained
pursuant to a prescription as defined by F.S. 893.02 or a medication that is authorized
pursuant to federal or state law for general distribution and use without a prescription in
the treatment of human diseases,ailments,or injuries.
13. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee
is using or has used drugs in violation of the employer's policy drawn from specific
objective and articulable facts and reasonable inferences drawn from those facts in light of
experience. Reasonable suspicion drug testing may not be required except upon the
recommendation of a supervisor who is at least one level of supervision higher than the
immediate supervisor of the employee in question. Among other things, such facts and
inferences may be based upon:
a. Observable phenomena while at work, such as direct observation of drug use or of
the physical symptoms or manifestations of being under the influence of a drug.
b. Abnormal conduct or erratic behavior while at work or a significant deterioration in
work performance.
c. A report of drug use, provided by a reliable and credible source, which has been
independently corroborated.
d. Evidence that an individual has tampered with a drug test during employment with
the current employer.
e. Information that an employee has caused, or contributed to, an accident while at
work:
i. If a bargaining unit member is involved in an accident in which the member
was driving a City ownedvehicle, and any one of the following occurs: an
individual dies, an individual suffers a bodily injury and receives medical
treatment away from the scene of an accident, one or more vehicles
(whether operated by a City employee or not) incurs "disabling damage" as
the result of the occurrence, or is transported away from the scene by a tow
truck or other vehicle, and under any circumstances when the bargaining
unit member is issued a traffic citation.
ii. "Disabling damage" means damage that precludes departure of any vehicle
from the scene of the occurrence in its usual manner. Disabling damages
includes damage to vehicles that could have been operated but would have
been further damaged if so operated. Disabling damage does not include
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damage that could be remedied temporarily at the scene of the occurrence
without special tools or parts; a flat tire with no spare available, minor
scrapes/scratches to the exterior of the vehicle; or damage to headlights,
taillights, turn signals, horns or windshield wipers that make them
inoperative.
iii. An order to submit to post accident testing can be made by a Police Sergeant
or higher rank. Any bargaining unit member ordered for a post-accident
drug test may, at the member's option, be accompanied to the testing by an
available Union Representative. The Union Representative shall act as a
quiet observer to the testing procedure and shall not interfere with the
testing procedures or direct questions or comments to the testing personnel.
The unavailability of a Union Representative shall not preclude the post-
accident drug testing from taking place.
iv. Refusal to submit to an order for post-accident drug testing, or intentionally
delaying a post-accident drug test can result in termination; however,
nothing herein shall abrogate a bargaining unit member's right to challenge
the results of the drug test.
f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs
while working or while on the employer's premises or while operating the
employer's vehicle,machinery,or equipment.
14. "Special-Risk Position" means a position that is required to be filled by a person who is
certified under Chapter 633, Fire Prevention and Control or Chapter 943, Department of
Law enforcement.
15. "Specimen" means a tissue or product of the human body including blood, urine, or saliva
capable of revealing the presence of alcohol and/or illegal drugs or their metabolites.
16. "Stepping Forward" means that an employee comes forward and requests assistance for
substance abuse prior to being selected for a random drug test, or prior to being ordered to
submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being
involved in an accident or sustaining an injury,which requires drug testing.
1.4 POLICY
A. It is the policy of the City that an employee found with the presence of alcohol, illegal
drugs, or prescription medication in levels exceeding prescribed dosage in his/her
system,,in possession of, using, selling, trading or offering for sale illegal drugs or
alcohol during working hours, may be subject to disciplinary action up to and including
termination. A refusal to submit to a drug test is grounds for immediate termination.
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An employee reporting for work visibly impaired and that is unable to properly perform
required duties, will not be allowed to work. The supervisor should first attempt to
seek another supervisor's opinion of the employee's status. Then the supervisor should
consult privately with employee with the observation, to rule out any problem(s) that
may have been caused by prescription drugs.
If, in the opinion of both supervisors, the employee is considered impaired, the
employee should be drug tested by an authorized provider and then provided safe
transportation home. An impaired employee must not be allowed to drive and if
necessary can be transported home by a supervisor or another employee.
It is the responsibility of the City's supervisors to counsel with an employee whenever
they see changes in performance that suggest a potential employee problem. The
supervisor may suggest that the employee voluntarily seek help from the employee
assistance program or decide that the severity of the observed problem is such that a
formal referral to the EAP should be made.
B. USE OF PRESCRIPTION MEDICATIONS/DRUGS WHILE ON DUTY
1. Prescription drugs prescribed by the employee's physician, who is licensed to
practice medicine in the United States, may be taken during working hours in strict
accordance with the provisions of the Policy. Employees should never use
intoxicants or drugs that could cause impairment during work hours. An employee
who is using a prescription medication while on the job shall do so in strict
accordance with medical directions.
2. It is the employee's responsibility to notify the prescribing physician of his/her job
requirements/functions to ensure that the physician approves the use of the
prescription medication while the employee is performing his/her job duties. It is
recommended that the employee provide his/her physician with a copy of the FDLE
standards for law enforcement officers so the physician is aware of the physical
requirements of the position.
3. It is the employee's responsibility to immediately notify the Director of Human
Resources and Risk Management or designee when (s)he is prescribed any
medication that is considered a controlled substance on Schedules II, III, or IV as
defined and amended from time to time in Florida Statutes 893.03. Failure to
disclose this information may result in disciplinary action up to and including
termination of employment. The Director of Human Resources and Risk
Management may require the employee to provide a note from his/her prescribing
physician stating that the employee is able to perform the functions of a law
enforcement officer while taking the medication as prescribed.
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4. The employee shall notify the Director of Human Resources and Risk Management
or designee if the use of his/her properly prescribed medications/drugs (other than
those considered a controlled substance on Schedules II, III, or IV as defined and
amended from time to time in Florida Statutes 893.03) will affect the employee's
work performance.
5. If the prescribing physician determines that the employee cannot perform his/her
job duties without impairment while taking the prescribed medication, then the
employee will be required to use his/her sick and/or FMLA leave, or unpaid leave if
his/her leave pools are exhausted, until (s)he can return to work. If the employee
reports to work,the City will presume that the employee is not impaired.
6. Abuse of prescription drugs will not be tolerated.
A. Conditions of Pre-Employment
The City will conduct a pre-employment screening examination designed to prevent hiring
individuals who use drugs.
1. To determine the suitability of employees to work for the City the following pre-
employment conditions are established:
a) Job Applicants in mandatory-testing positions,safety-sensitive positions,
and/or special-risk positions will be tested prior to employment for drug
use and alcohol use.
b) Any job applicant,as defined in the above-section,who refuses to submit
to drug and alcohol testing as part of the pre-employment testing
process will be refused employment.
c) Any job applicant who tests positive for drugs or alcohol use will be
refused employment.
d) Confidentiality will be maintained pursuant to this policy.
B. Employee Compliance
It shall be a condition of continued employment for all employees to submit to drug and
alcohol screening under the policy. If there is a conflict between this policy and the
collective bargaining agreement, the collective bargaining agreement shall control.
Refusal to submit to drug testing is grounds for immediate termination. Refusal to
submit to drug testing is not a waiver of the employee's right to challenge both the
order and the test outcome.
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C. Employee Assistance Program
The City offers an Employee Assistance Program (EAP) which provides help to
employees and their families who suffer from various difficulties including alcohol or
drug abuse.
In addition to the City's EAP Program, below is a list of local assistance programs and
local drug and alcohol rehabilitation programs:
a) Narcotics Anonymous Help Line : 561-848-6262
b) Drug Abuse Foundation of Palm Beach County: 561-278-0000
c) Palm Beach Al-Anon/Al-a-Teen Information: 561-882-0308
d) Alcoholics Anonymous (Palm Beach County) : 561-655-5700
, e) Comprehensive Alcoholism Rehabilitation Program: 561-844-6400
It is the responsibility of each employee to seek assistance before drugs and alcohol lead
to performance problems.
1. Use of the employee assistance program, on a voluntary basis,will not affect the
determination of appropriate disciplinary action.
2. An employee's decision to seek assistance from the Employee Assistance
Program on a voluntary basis prior to any incident warranting disciplinary
action will not be used as the basis for disciplinary action or in any disciplinary
proceeding.
On the other hand, using EAP will not be a defense to the imposition of
disciplinary action where facts providing violation of this policy are obtained
outside of the EAP. Accordingly,the purpose and practices of this policy and the
EAP are not in conflict but are distinctly separate in their applications.
3. Through the EAP, the City will provide appropriate assessment, referral to
treatment,and treatment of drug and alcohol abuse.
4. Upon successful completion of a drug and/or alcohol treatment program an
employee may be released to resume work but will be subject to drug testing on
a random,periodic basis,at least quarterly,and for up to two years thereafter as
a condition of continued employment. These stipulations may be incorporated
in a Last Chance Agreement.
5. An individual's participation in the program will not be made part of any,
personnel records and will remain confidential to the extent necessary to
comply with this policy. Medical and insurance records,if any,will be preserved
in the same confidential manner as all other medical records and be retained in
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a separate file as provided by law.
D. Management's Responsibility
The City will maintain screening practices to identify employees who use illegal drugs
or abuse alcohol. Department Heads are responsible for implementing this Drug Free
Work Place policy. It is the responsibility of the supervisors to observe the behavior of
employees on the job as a precaution against unstable or unreliable behavior which
could threaten the safety and well-being of employees and the community.
1. Supervisors are responsible for maintaining a safe work environment by
monitoring employees'behaviors and performance.
2. In the event a supervisor has a reasonable suspicion that an employee may be
under the influence of drugs or alcohol, the employee must be sent for
reasonable suspicion drug testing. A form for documenting cause for a
reasonable suspicion drug test is attached.
3. In all cases when an employee is to be removed from duty for drug testing, the
Department Head and Human Resources & Risk Management should be
immediately notified.
E. Employee's Responsibility
1. It is each employee's responsibility to be fit for duty when reporting for work
and to inform his/her supervisor if (s) he is under prescription or non-
prescription medication which may affect job performance.
2. In the event an employee observes behavior in another employee,which raises a
doubt as to that employee's ability to perform work in a safe, reliable and
trustworthy manner, the employee should report this behavior to his/her
supervisor.
3. Employees,who enter drug or alcohol treatment and/or rehabilitation program
voluntarily at the request or insistence of the City or,as a condition of continued
employment are required to fully participate in and complete the recommended
treatment. Any employee who enters a drug or alcohol treatment and/or
rehabilitation program will be responsible for payment of the treatment and/or
program. If the employee fails to comply with the treatment and/or program,
the employee will be subject to discipline,up to and including termination.
F. Medical Review Officer's (MRO) Responsibilities
1. The MRO will review all information from the testing laboratory in the event of a
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positive, confirmed test. The MRO will review any information from the
employee or job applicant regarding the use of medication or other relevant
medical information set forth in the form submitted priorto drug testing.
2. The MRO may request that the testing laboratory provide quantification of test
results.
3. The MRO will provide confirmed, test. results to the Human Resources .
representative from the City.
1.5 PROCEDURE
In order to maintain a drug and alcohol free work environment, the City will test for the
presence of alcohol and drugs in the following circumstances:
1. Pre-employment Job applicants who have been offered a position of
employment and whose job requirements are that of a mandatory-testing,
safety-sensitive, or special-risk position are required to.take a drug and alcohol
test.
2. Reasonable suspicion: Employees who are determined to be under.reasonable
suspicion of drug or alcohol use (as defined herein), are required to take a drug
and alcohol test.
3. Post-incident Employees are required to take a drug and alcohol test when the
employee is involved in a job-related incident, which results in any of the
following: (a) discernable property damage, (b) disabling vehicle damage [see
13.e. (i-iv)] (c) the employee receiving medical attention as a result of a work-
related injuryor accident, or (d)the employee receiving a citation. [See 13.e. (i-
iv)]... "
4. Random Testing: Employees are subject to random drug testing. On a monthly
basis, a designated Police Officer uses www.random.org to generate a list of
three (3) PBA members who will be randomly tested for that month.. A Union
Representative signs off on this list In addition, members assigned to Vice are
tested once every six(6)months.
5. Fitness for duty: All employees who are subject to.routine annual medical
examinations are required to o take a drug and alcohol test as part o_f their
medical examination.
6. Follow-up: All employees who have been referred to anemployee assistance
program or rehabilitation program by the City for drug and/or alcohol abuse are
required to take drug and alcohol tests on a quarterly basis for up to two (2)
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years after their return to work. These stipulations may be codified in a Last
Chance Agreement.
A. Consequences of Refusing a Drug Test
1. An employee who refuses to submit to a drug and alcohol test will be subject to
immediate termination. An employee who refuses to submit to a drug test
forfeits his/her eligibility for all workers' compensation medical and indemnity
benefits.
2. A job applicant, as defined in section 1.3, #9, who refuses to submit to a drug
and alcohol test will not be hired.
B. Actions Following a Positive Confirmed Test
The City may administer disciplinary action, up to and including termination, for any
employee who has a positive,confirmed drug or alcohol test.
C. Confidentiality
Confidentiality of records concerning drug and alcohol testing will be maintained to the
extent necessary to comply with this policy. All information, reports, memos and drug
test reports, written or otherwise, received by the City through the drug testing
program will be kept confidential as provided by law.
The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation
programs who receive or have access to information concerning drug test results shall
keep all information confidential. No such information will be released unless there is a
voluntary written consent, signed by an employee or job applicant, except where such
release is compelled by a court pursuant to an appeal taken under this section, or where
deemed appropriate by a professional or occupational licensing board in a related
disciplinary proceeding.
The City will maintain records concerning drug testing separate and apart from an
employee's or job applicant's file.
D. Reporting of Use of Medication
Employees and job applicants may confidentially report the use of prescription or non-
prescription medication both before and after having a drug test.
E. Notice of Common Medications
A list of most common medications, by brand name or common name, as applicable, as
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well as by chemical name,which may alter or affect a drug test,is listed below in section
H. Employees and job applicants should review this list prior to submitting to a drug
test.
F. Medication Information
An employee or job applicant may consult with the testing laboratory for technical
information regarding prescription and non-prescription information.
G. Employee Assistance Program
Refer to the Employee Assistance Program Policy for the name, address and telephone
number of the City's current provider or contact the Human Resources and Risk
Management Department.
H. Drugs to be Tested
In accordance with F.S. 893.03 as amended from time to time, the following is an
illustrative and non-exhaustive list of drugs that will be tested:
1. Alcohol,including distilled spirits,wine,malt beverages and intoxicating liquors,
resulting in a 0.04 or higher. A positive Breath Alcohol Test will be confirmed by
a Blood Alcohol Test.
2. Amphetamines
3. Cannabinoids
4. Cocaine
5. Phencyclidine (PCP)
6. Hallucinogens
7. Opiates
8. Methaqualone
9. Barbiturates
10. Benzodiazepines
11.Synthetic Narcotics
12.Designer Drugs
13.A metabolite on any substance listed herein
14.Anabolic/Androgenic Steroids.
A list of drugs by brand names or common names includes:
Opium Dover's Powder,Paregoric,Parepectolin
Morphine Morphine, Pectoral Syrup
Codeine Tylenol with Codeine, Empirin with Codeine,
Robitussan A-C, Hydrocodone,Coke Crack
Heroin Diacetylmorphine,horse,smack
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Hydromorphone Dilaudid
Meperidine Demerol, Mepergan
Methadone Dolophine,Methadone,Methadose
Other Narcotics Laam, Leritine, Numorphan, Percodan, Tussiones,
Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin,
Percocet
Chloral Hydrate Noctec,Sommos
Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal,
Lotusate
Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam,
Librium, Xanax, Serax, Tranxene, Valium, Verstran,
Halcion, Paxipam,Restoril
Methaqualone Quaalude
Methamphetamine Methyl Ice
Glutethimide Doriden
Other Depressants Equanil,Miltown,Noludar,Placidyl,Valmid
NEW DRUGS - New drugs will be added to the list of controlled substances based on amendments
to the Florida Statutes and/or any federal law,rule,regulation or procedure after a review with the
Labor-Management Committee.
PRESCRIPTION DRUGS
Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand
names and the constant marketing of new products,this list is illustrative and not exhaustive.
Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol
content.
Amphetamines: Pbetrol, Biphetamine,Desoxyn,Dexedrine,Didrex,Lonamine,Fastin.
Cannabinoids: Marinol (Dronabinol,THC).
Cocaine: Cocaine,HCI topical solution (Roxanne)
Phencyclidine: Not legal by prescription
Methaqualone: Not legal by prescription
Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine
with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC,
Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin and
Roxano (morphine sulfate),Percodan,Vicodin,Tussiorganidine,etc.
Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet,
Esgic,Butisol,Mebarel,Butabarbital,Butalbital, Phrenilin,Triad,etc.
Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax,
Tanzene,Valium,Verstran,Halcion,Paxipam, Restoril,Centrax,etc.
Methadone: Dolophone,Metadose,etc.
Propoxyphene: Darvocet,Darvon N,Dolene,etc.
L!,a,••
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ANABOLIC/ANDROGENIC STEROID TESTING
Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act(CSA) as of
February 27, 1991.
An employee or job applicant who is contacted by the MRO may confidentially report the use of
prescription medication(s) because the presence of these medications in the body may have
affected the outcome of the test.
I. " Challenge of Test Results
1. An employee or a job applicant who receives a positive confirmed test result
may,within five (5) working days, submit information to the Director of Human
Resources & Risk Management, with copies to the Union and Police Chief,
explaining or contesting the test result and explaining why the test result does
not constitute a violation of the City's policy.
2. If the explanation or challenge of the employee or job applicant is unsatisfactory
to the City,the City will provide a written explanation as to why the employee or
job applicant's explanation is unsatisfactory, and a copy of the report of positive
confirmed test results will be provided to the employee or job applicant.
3. An employee may further challenge the results of the test in a court of
competent jurisdiction or, if the drug was administered due to a workplace
injury, by filing a claim for benefits with a judge of compensation claims,
pursuant to Chapter 440,Florida Statutes.
4. If an employee or job applicant contests the drug test results he/she must notify
the Medical Review Officer(MRO):
Donald Bucklin, MD
28035 Ave Stanfold West
Valencia, CA 91355
Phone: 1-800-340-3810
This policy has been adapted from the City of Boynton Beach policy and is specific to
Palm Beach County Police Benevolent Association Police Officers and Detectives.
Z-14/C--
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UNION CONTRACT-ADDENDUM"B"
MUTUAL CONSENT AGREEMENT
(Use of Insurance Premium Tax Revenue)
This Mutual Consent Agreement is entered into between the CITY OF BOYNTON
BEACH, a Florida municipal corporation, whose address is 100 E. Boynton Beach
Boulevard, Boynton Beach, FL 33435 (the "CITY") and the PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION ("PBA") POLICE OFFICERS AND DETECTIVES, POLICE
SERGEANTS,AND POLICE LIEUTENANTS.
WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39,
Laws of Florida), hereinafter "Legislation" regarding the use of insurance premium tax
revenue ("IPTR"); and
WHEREAS, the City has a retirement pension plan and fund for police officers
known as the Boynton Beach Police Officers' Pension Fund ("Fund") that exceeds the
minimum benefits and minimum standards established by the State of Florida for public
employee firefighter pension plans as set forth in chapter 185, Florida Statutes; and
WHEREAS,the Legislation provides that use of IPTR, including any accumulations of
additional premium tax revenues which have not been allocated to fund benefits in excess
of the minimum benefits, may deviate from the provisions of the Legislation by mutual
consent of the members' collective bargaining representative (PBA).
NOW THEREFORE,the City and Unions agree as follows:
1. The foregoing Whereas clauses are true and correct.
2. The total of sixty thousand dollars ($60,000) of IPTR whether base premium tax
revenue or additional premium tax revenue, received by the City will be used to
reduce the City's unfunded liability to the Boynton Beach Police Officers' Pension
Fund. These funds will be provided to the City in $30,000 increments by November
2017 and November 2018.
3. This Consent Agreement takes effect when signed by PBA and City.
Signature Page follows
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THE CITY OF BOYNTON BEACH
_. ...., / e---X4,,,,Z. /lei/pee--
Lori LaVerriere, C ty Manager
ATTES
Lhz5z
a '54
City f perk
BOY T 14 BEACH POLICE OFFICERS AND DETECTIVES, POLICE SERGEANTS, AND
POL . rIEUTENANTS
f tb,
Joh.I, ent
APPROVED AS TO LEGAL FORM:
. /IP
k .
City A ' rney fr
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Agreed to this % day of Ze2•22f= 2P /6by and between the respective Parties
through the authorized representatives of the PBA and the City.
PALM B Iii H (OUNTY
POLICE !I : E 0 LENT ASSO IATION
Y �.
By: .. '_
Witness John 4'. 'Ian, Presi.
By:
Witness General Counsel
CITY OF BOY TON BEACH
A ;
By: '/ Z
Witness Mayor-Steven Grant
ATTEST:
Witness I A ; i
APPROVED A; 0 FORM Clerk
AND RR E.S:
jig,/X-i X./1.6e,*;
City Attorney City Manager
Ratified by City Commission Ratified by Union
///A 6 /U -?o%DaDate �6,
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