1998-2001 PBAMEMORANDUM OF UNDERSTANDING
The CITY OF BOYNTON BEACH, FLORIDA and the PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION (the parties) agree as follows:
The City and PBA agree that the existing language of Article 12, Section 1
(Wages) of the current Collective Bargaining Agreement shall be changed to
delete any reference to pay for performance as a method of compensation during
the remainder of the term of said agreement, and that all members of the
bargaining unit shall receive a base wage in,ease of 4% effective October 1,
2000.
The City further agrees to compensate all members of the bargaining unit
assigned to an 11.5 or 12 hour shift schedule "assignment" pay of 8.5% applied
to a member's base rate of pay for the duration of this agreement.
The City and PBA agree to amend Article 11, Section 1 (Hours of Work) of the
Collective Bargaining Agreement. The following language supercedes and
replaces the language found in Article 11, Section 1:
A work day is defined as either eight (8) hours per day, ten (10) hours per day,
11.5 hours per day or 12 hours per day. A work period is defined as either five
eight hour days in one week, four ten hour days in one week, or rotating 11.5 or
twelve hour shifts within a twenty eight day period not exceeding 170 hours.
During the remainder of the term of this agreement, it is agreed upon by the City
and PBA that the agency may use an "eleven and a half (11 1/2) or twelve (12)
hour work schedule for all bargaining unit members working road patrol only.
Pursuant to Article 9, Section 10, it is a Management Right to establish and
change the starting and quitting times and the number of hours and shifts to be
worked. Departmental wide shift schedules shall notbe changed without the City
providing (30) days advance notice to the Union of the change. Individual shift
schedule changes shall be as set forth in Article 14, Section 8 of this Agreement.
During the period any 11.5 or 12 hour shift schedule is in use, the parties agree
to suspend the forty (40) hour work week as defined in this agreement (except for
any member being placed on a Relief or Hardship schedule) for members of the
bargaining unit assigned to an 11.5 or 12 hour shift schedule.
The City and PBA agree to amend Article 14 (Work Week-Overtime
Compensation), Section 1 of the Collective Bargaining Agreement. The following
language supercedes and replaces the language found in Article 14, Section 1:
The normal work cycle shall be seven days for members assigned to work an 8
or 10 hour shift. For those members working an 11.5 or 12 hour shift, the normal
work cycle will be 28 days. Bargaining unit members not working an 11.5 or 12
hours shift schedule shall be paid overtime for all hours worked in excess of forty
(40) hours in each seven (7) day work cycle. Any bargaining unit member who
fails to physically work forty (40) hours in the seven (7) day cycle will not be paid
time and a half (1 1/2 ) for the actual number of hours under forty (40) hours. This
applies to sick time only. Vacation, comp and personal time are all exempt from
this requirement for the purposes of calculating overtime.
The normal work cycle for all bargaining unit members working on an 11.5 or 12
hour shift shall be twenty-eight (28) days consistent with the 7-K exemption
contained within the Fair Labor Standards Act (FLSA). Any bargaining unit
member who fails to work the required number of hours in the twenty-eight (28)
day cycle will not be paid time and a half (1 1/2 ) for the actual hours worked under
the statutory minimum. This applies to sick time only. Vacation, comp and
personal time are all exempt from this requirement for the purposes of calculating
overtime.
Sick Leave, Vacation or Annual Leave: During the term of this agreement, the
parties agree that all leave benefits shall be granted on a per hour, as used basis
(in 8 hour increments) based upon the scheduled work day or work week of the
affected employee under the 11.5 or 12 hour shift schedule.
Disciplinary Action: Dudng the term of this agreement, the parties agree that for
the purposes of disciplinary action, a "day" is defined as eight (8) hours. When
an employee covered by this agreement and working an 11.5 or 12 hour shift,
and is subject to suspension, the suspension will be defined in hours.
Holidays: During the term of this agreement, the parties agree that all holiday
benefits shall be returned based on the employee's work schedule.
The City and PBA agree to amend Article 17 (Group Insurance) to reflect the
following changes. Initially, the City agrees to return to the "2 Option Plan"
effective October 1, 2001. Secondly, all bargaining unit members currently
enrolled in the PPO Plan now paying the increased monthly premium of $110.00
shall receive a 1% lump sum payment based on their base rate of pay to cover
the difference.
This Memorandum of Understanding shall become effective as of the date it is
ratified by the City Commission.
Maintenance of Conditions: The terms and conditions of the Collective
Bargaining Agreement for the period of time from the date this Memorandum Of
Understanding becomes effective until September 30, 2001 are binding and the
benefits of any member of the bargaining unit who does not work an 11.5 or 12
hour shift schedule shall remain status quo.
10.
This Memorandum of Understanding shall be effective for the remainder of the
term of the Collective Bargaining Agreement.
The parties represent that they have full legal authority to enter into this
agreement.
OC
mc
All other terms of He Collective Bargaining Agreement for the period from
tober 1, 1998, through September 30, 2001, are binding except where expressly
.dified herein or hereinafter mOdified by the Parties.
Dated this ~ ~ day of ~c.,-.,..~ ,2000.
ATTEST:
BOYNTON BEACH, FLORIDA
;lerk
BreSsner, City Manager
Dated this ,=~; day of
Approved as to Form:
Ja ~nes A. Cher°f, City AttOrney
2000.
'TEST:
~n M, Aronson, PBA Attorney
PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION
E~est W, George, PresideF~
RESOLUTION R OO-/,~,~,
A RESOLUTION OF THE C1TY COMMI~SS[ON OF THE
CIT¥ OF BOYNTON BEACH, FLORIDA, RA'I'IFYING
THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE PALM BEACH COUNTY POLICE BENEVOLENT
ASSOC[ATION (PBA) AND THE CITY OF BOYNTON
BEACH, FLORIDA, AND AUTHORIZ.I~NG AND
DIRECTING THE MAYOR AND C1TY MANAGER TO
EXECUTE SAID MEMORANDUM OF UNDERSTANDING;
AND PROVIDING AN EFFEC'I-~VE DATE.
WHEREAS, although the current collective bargaining agreement
between the City of Boynton Beach and the PBA runs until September 30, 2001,
the PBA had requested that the agreement be reopened to discuss wages and
scheduling, and City management concurred; and
WHEREA~, the City of Boynton Beach and the Palm Beach County Police
Benevolent Association have successfully concluded their negotiations, and have
reduced them to writing in a Memorandum of Understanding; and
WHEREAS, the Memorandum of Understanding was ratified by the
Bargaining Unit of the Union; and
WHEREAS, the City Commission of the City of Boynton Beach deems it to
be in the best interests of the residents and citizens of the City to ratify the
Memorandum of Understanding; and
NOW, THEREFORE, BE I~T RESOLVED BY THE Cl'rY COf414ZSSI'ON
OF THE C?TY OF BOYNTON BEACH, FLOR?DA, THAT:
Section 1. The City Commission of the City of Boyntofl Beach, Florida
does hereby ratify the Memorandum of Understanding between the City of
Boynton Beach and the Palm Beach County Police Benevolent Association,
authorizing and directing the Mayor and City Manager to execute the
Memorandum of Understanding, a copy of said Memorandum being attached
hereto as Exhibit "A".
Section 2. This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this /~' day of December, 2000.
Commissioner
Commissioner
Commissioner
MAILING ADDRESS
2100 N. Florida Mango Road
West Palm Beach, FL 33409-6400
(561) 689-3745
(561) 687-0154 Fax
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION, INC.
ADMINISTRATIVE OFFICES
2100 N. Florida Mango Road
West Palm Beach, FL 33409-6400
(561) 689-3745
James Cherof, Esq.
City of Boynton Beach
100 East Boynton Beach Blvd.
BOynton Beach, Florida 33435
Re:
December 11, 2000
PBA/Gity of Boynton Beach Memorandum of Understanding:
Dear Jim:
Enclosed please find a signed original of the above referenced Memorandum of
understanding. After the City Commission has voted to ratify the agreement, please send
me a certified copy of same.
If you have any questions or comments, please do not hesitate to contact this office.
Very truly yours,
Alan M. Aronson
General Counsel
ANIA:gs
ecI PBA Reps
The Voice of Palm Beach County's Law Enforcement
Ernest W. George, President - Robert Provost, Vice-President - Arthur Apicella, Secretary-Treasurer
1998/2001 AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
8/12/99
CITY
UNION
1
ARTICLE
TABLE OF CONTENTS
1
2
3
4
5
6
7
8
9
10'
1.1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Preamble
Non-Discrimination ........................................ 5
Dues Deduction ............................................ 6
Union Business ............................................ 7
Bulletin Board ............................................ 8
Testing ...............................
Vacancies .................. ~ .............................. 10
Management Rights ......................................... 11
AdvSsory Committee .................
....................... 13
Hours of Work ............................................. 14
Wages ..................................................... 15
Seniority ................................................. 17
Work Week/Overtime Compensation/Call Back ................. 20
Uniforms ................................... %..' ............ 24
Medical Expense~ ......................................... 26
Group Insuranc~ .......................................... 27
Leave~ ................................................... 28
HolidayM ................................................. 32
Funeral Expenses ......................................... 34
Equipment Maintenance & Safet~ ........................... 35
Training ................................... ~ ............. 36
Career Path Program ............................. - ......... 38
Personnel Records ........................................ 40
Legal Action ............................................. 41-
Awards and Commendations ................................. 42'
Grievance Procedure ...................................... 46
Rights of Law Enforcement Officers Under Investigation.-. 48
Discipline and Discharge ................................. 49
Past Practices ........................................... 50
Personal Vehicles ........................................ 51
Department Policies, Rules & Regulations ................. 52
Maternity Leave .......................................... 53
Complete Agreement & Waiver Clause ....................... 54
Severability- ............................................ 55
Duratio~ ................................................ 56
Signature Page
8/12/99
UNION
ART?~LE I
PREAMBLE
This Agreement is entered into by the City of Boynton Beach,
Florida, hereinafter referred to as the "City" and Palm Beach
County Police Benevolent Association, located in West Palm Beach,
Florida, hereinafter refereed to as the "Union", for the purpose of
setting forth the parties Agreements regarding rights, wages,
benefits, and conditions of employment.
8/12/99
UNION3~
ARTICLE 2
RECOGNITION
The City hereby recognizes the Union as exclusive bargaining agent
for the purpose of presenting proposals relative to salaries and
other conditions of employment for the bargaining unit consisting
of all full time sworn police officers within the following job
'classification: Police Officer and Police Detective. The term
"member" or "employee" will mean any member in the bargaining
unit.
8/12/99
ART'r CLE 3
NON-DISCRIMINATION
The City will not interfere with the rights of officers to become
members of the Union, 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
Union. The Union shall not discriminate against any bargaining
unit member who fails to join the Union.
The City and the Union oppose discriminatory behavior of any
nature. The City and the Union shall work jointly to eradicate
discriminatory conduct in the work place. To that end, the City
and the Union agree that bargaining unit members have an
affirmative duty to act against discriminatory behavior when it
occurs in their presence or comes to their attention.
Discriminatory conduct by an employee can result in disciplinary
action up to and including termination. Discriminatory conduct
means any communication, verbal or non-verbal, which is unwelcomed,
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.
8/12/99
UNION~
ARTICLE 4
DUES DEDUCTION
Upon receipt of a form provided by the Union 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 Union membership as certified by the Union. The total
amount of deductions shall be remitted each month by the City to
the Treasurer of the Union. 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.
8/12/99
ARTICLE 5
UNION BUSINESS
~~1_!. Union representatives will be granted up to fifteen
(15) days (120 hours) total per year, or equivalent hours, to
engage in representation activities on behalf of the Union or any
member as follows:
A. Engaging in collective
representatives of the CITY.
bargaining with the
B. Processing of grievances.
C. Accompany a fellow employee when:
1. The employee is required to appear at a hearing
related to a grievance.
The employee is presenting or responding to a
grievance.
The employee is subject to interrogation in
conjunction with an internal affairs investigation.
The employee is attending a pre-determination
hearing.
The CITY may stop the use of such time off if it interferes with
productivity or manpower needs. However, the exercise of such
right on the CITY'Spart shall not be arbitrary or capricious, nor
shall it allow the' CITY to proceed in a manner which deprives the
employee of his or her right of representation.
A UNION representative shall be permitted leave to attend functions
of the Union, provided that such leave shall be at no cost to the
CITY and representatives shall use accrued vacation leave.
~ No employee shall engage in Union business while on
duty except as referenced in Section 1.
ARTICLE 6
BULLETIN BOARD
The City will proVide bulletin bOard space; one in the Line Up Room
and one in the Detective Division for the exclusive use of the
Union, for posting bulletins, notices and other union material. A
notice or item placed on the bulletin board shall bear, on its
face, the legible designation of the person responsible for placing
of this notice or item on the bulletin board.
8/12/99
ARTICLE ?
TESTING
Section 1.
Procedures for promotion are as follows:
Ail bargaining unit members who have served for three
years as a sworn law enforcement officer in the City of
Boynton Beach may qualify for testing for promotion to
the position of Sergeant.
Promotional testing criteria shall be established by the
Police Chief with the assistance of the Human Resource
Department. Following testing and scoring, an eligibility
list shall be posted.
Officers passed over for promotion through the use of the
"Rule of 5" will be given a written explanation at the
officer's request as to why they were passed over. Said
explanation shall not be grievable unless the reason is
arbitrary and capricious.
8/12/99
ARTICLE 8
VACANCIES
Vacancies in budgeted promotional positions shall be offered within
thirty (30) days of the establishment of the appropriate
eligibility list.
8/12/99
ARTICLE 9
MANAGEMENT RIGHTS
~ The Union recognizes that the City has the exclusive
right uo manage and direct the Police Department. Specifically,
but not by way of limitation, the City retains the exclusIve right
C o
tO:
Jo
8/12/99
To establish procedures to hire, promote, and lay off
employees.
Discharge and suspend employees for cause.
Transfer employees from one location to another, one
shift to another, or one starting time to another.
Establish and change the starting and quitting times and
the number of hours and shifts to be Worked.
Assign and reassign employees.
and change the work to be performed by
Schedule
employees.
Formulate, implement and change Departmental policy,
rules, regulations, and directives which are not in
conflict with the specific provisions of this Agreement.
Introduce new services, procedures, materials, facilities
and equipment.
To require employees to submit to physical, medical, and
psychological testing to determine fitness for duty. No
bargaining unit member shall be ordered to. submit to
physical, medical or psychological testing to determine
fitness for duty without such testing being approved by
the Police Chief and the City Manager.
Determine and change the equipment and materials provided
~o or not provided to employees.
Add to or change the qualifications necessary for any job
classification.
Create, alter or disband any Departmental unit or
transfer members based upon the needs of the department
as determined by the Chief.
Mo
The City is a Drug Free Workplace and has established a
Drug Free Workplace Policy. The City supports random
drug testing for all bargaining unit members. The City
reserves to itself the power to order employees to submit
to reasonable suspicion or random drug testing, subject
to compliance with the testing/sample handling procedures
as set forth in Florida Statute and the Florida
Administrative Code, as referenced in the City's Drug
Free Workplace Policy. The City agrees to use State
certified laboratories for all drug testing.
If the City fails to exercise any one or more of the above
functions from time to time, it shall not be deemed a waiver of the
City's right to exercise any or all of such functions. Any right
or privilege of the City not specifically relinquished by the City
in this Agreement shall remain with the City.
~ In the event of any change over which the City
may have an obligation to bargain concerning an impact of the
change, the change may be implemented prior to resolution of the
impact bargaining.
8/12/99
ARTICLE l0
ADVISORY COMMITTEE
Secuion 1'_ By mutual agreement between the City and the Union,
they may esuabiish a joint committee. The Union membership shall
cons!su of persons from within the posit!on classification covered
by this Agreement, and members designated by the Chief of Police
shall consist of persons within the Department, but outside the
bargaining unit.
~ This committee may meet as needed by mutual consenu,
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.
~ Attendance by other than members of the Union 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.
8/12/99
UNIO~ J -"r_.13
ARTICLE 11
HOURS OF WORK
~ A work day is defined as either eight (8) hours per
day or zen (10) hours per day. A work week is defined as either
five 8 hour work days, or four 10 hour work days. Pursuant to
Article 9, Section ID., it is a Management Right to establish and
change uhe starting and quitting times and the number of hours and
shifts to be worked. Departmental wide shift schedules shall not
be changed without the City providing thirty (30) days advanced
notice to the Union of the change. Individual shift schedule
changes shall be as set forth in Article 14, Section 8 of this
Agreement.
~ No member of the Bargaining Unit shall be required
or allowed to work more than sixteen (16) continuous hours except
during a declared emergency or during an ongoing immediate
investigation. Members of the Bargaining Unit acknowledge that
they have an obligation to come to work physically and mentally
prepared to efficiently and effectively carry out their
responsibilities. No member of the bargaining unit shall be
scheduled either by the department or through shift swaps, details,
or over-time, to work more than 16 hours of duty in a 24 hour
period, except during emergencies or where overtime is required to
complete an. on duty assignment, i.e. late arrest. For the purpose
of this section, duty means regular assigned duties and detail
assignments, not to include court, depositions, filings, and
similar judicial responsibilities.
~ Members acknowledge that they have the obligation to
come to work fit for duty.
8/12/99
CITY ~ UNION ~/--~
ARTICLE 12
WAGES
Section !. Effective October 1, 1998, bargaining unit members
will receive one time wage equity adjustments as set forth on
Exhibit "A" The salaries shown under the column "11 Years" on
Exhibit ~ A" represent top-out pay. No bargaining unit member who
has a base wage in excess of top-out pay shall receive a base wage
increase. Bargaining unit members who are topped out will receive
a one time lump sum payment as set forth on Exhibit "A" Such
lump sum payment shall be considered a salary diSbursement included
in W-2 holdings for the purpose of pension Calculations.
Effective on ratification each bargaining unit member will
begin a pay for performance evaluation period. Effective January
1, 2000, the base wage figures depicted on Exhibit "A" shall be
adjusted upward by 3%. Base wage adjustments shall be effective on
1/1/00 for all bargaining unit members. Members with anniversary
dates between 10/1/99 and 1/1/00 will receive their adjustments on
1/1/00.
Effective June 1, 2000, the first pay for performance period
ends and the second pay for performance evaluation period begins.
The City will finalize all members evaluations on or before August
1, 2000.
Effective October 1, 2000, bargaining unit members will
receive base wage adjustments based solely on their performance
evaluation-. Members will be eligible for base wage increases of 0
to 4% as established under the Pay For Performance Program. For
members who are over top-out pay as set forth on adjusted Exhibit
"A" , no base wage adjustment shall be made, but those employees
shall receive a lump sum payment based on their pay for performance
evaluation percentage. Such lump sum payment shall be considered
a salary disbursement included in W-2 holdings for the purpose of
pension calculations.
Effective June 1, 2001, the second pay for performance
evaluation period ends and the third evaluation period begins.
Effective A~t 1, 2001, ~he ~ity will finalize all members
8/12/99 CITY It~ UNION
evaluations.
Special Assignments
A. Traffic Division: Members assigned to the Traffic
Division who are required to ride a motorcycle shall be compensaued
an additlonai 5% for hazardous duty during said assignment.
B. Vice Members: Those members who are assigned to vice
shall be ccmpensated an additional 5% for hazardous duty during
said assignment.
C. investigators: Those members who are assigned to the
position of investigator shall be compensated an additional 5%
during sa~d assignment.
D. SRT (Special Response Team): Those members who have
successfu!Iv completed testing and are selected as a member of the
Police Deparument SRT Team, shall be compensated an additional 10%
for hazardous duty when said Team is actually called to duty.
E. K-9 Unit. Members assigned to the K-9 Unit will receive
one (1) hour of overtime ~or K-9 care, equipment maintenance and
vehicle cleaning for each R/DO, vacation day where the dog is not
kenneled or otherwise boarded. K-9 officers will be allowed one
(1) hour of duty time per work day to tend to K-9 care, equipment
maintenance and' vehicle cleaning. Members on vacation will be
credited one hour per day for K-9 care, equipment maintenance and
vehicle cleaning.
F. Officers, while assigned as Field Training Officers and
who have ccmpleted Successfully the required 40-hour training shall
receive a flat rate differential of $25.00 per week.
8/12/99
UNION~
ARTICLE 13
SENIORITY
$_~S_~_~Q/~_I_~ The City agrees that seniority shall consist of
continuous accumulated paid 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.
~ The City agrees that seniority shall govern the
following ma~ers:
Temporary vacancies shall be defined as occurring when the
superior officer on duty determines that a position needs to
be filled. Such vacancies arising during a particular tour or
shift shall be filled according to the following procedure:
~ The permanently assigned members of the platoon who
are regularly scheduled to work and who are on duty prior to
the shift experiencing the vacancy will be offered the
position first, by seniority.
~ If the vacancy remains, the permanently assigned
members of the platoon experiencing the vacancy not regularly
scheduled to work on the date the shift or tour experiences
the vacancy will be offered the position, by seniority.
~ If the 'vacancy remains, the permanently assigned
members of the platoon who are scheduled to work the shift or
tour following the shift or tour experiencing the vacancy,
will be offered the position, by seniority.
~ Ail others not covered in Steps 1, 2 and 3 3 will be
offered the position, by seniority.
$_~ In the event that the vacancy remains after completing
Steps 1 through 4, all sergeants will be offered the position.
8/t2/99
C!TY~. UNIO~~~7
a o
In the event that the vacancy remains,
necessary to order individuals to work,
shall be by seniority in reverse order.
and it becomes
the selection
b o
An officer must accept and be able to work the full eight
hours in accordance with the limitations elsewhere, this
does not preclude the officer from having another officer
fill any portion of the shift, including the beginning of
the shift. The officer is ultimately responsible and
obligated to be prepared for duty at the commencement of
the shift, if he is unable to fill that obligation with
another officer.
c. Layoffs will be in reverse order of seniority.
Assignments to divisions, and units, is a management
right. Seniority will be given great weight in the
selection process, after job-related qualifications are
considered· Seniority will not be a prevailing
qualification or the sole basis for the selection· The
City has the authority to establish the qualification and
assignments. The decision~may be reviewed upon request
by the Chief of Police who has the final decisi°n.
In the event of a vacancy on a platoon, seniority will
prevail in the offering of the position at shift pick.
Officers will be allowed to pick a shift and days off'by
seniority at shift Change. The department and bargaining
unit members may mutually agree on alternative schedules.
Schedules that may impact any of the conditions of this
contrac~ will be mutually agreed upon prior to
implementation.
The Chief of Police reserves the right to maintain the
bottom number 4 of slots of each platoon for assignments.
The reserved slots will in no way be used for
disciplinary reasons.
8/12/99
Any special event (HOliday Parade, GALA, July 4th, or any
other event) shall be offered through a rotating list of
Police ,Of~icers bas~.upon department seniority. This
section does not apply to special details.
In the event of a declared emergency alternate s~Tifts or
work schedules may be adopted by the Chief of Police as
needed.
8/12/99
ARTICLE 14
WORK WEEK - OVERTIME COMPENSATION
Overtlme
The normal work cycle shall be seven (7) days. Bargaining unit
members shall be paid over-time for all hours worked in excess of
forty (40) hours in each seven (7) day work cycle. Any bargaining
unit member who fails to physically work 40 hours in the 7 day work
cycle will not be paid time and a half (1 ~ )for the actual number
of hours under 40 hours. This applies to sick time only.
Vacation, comp and personal time are all exempt from this
requirement for the purposes of calculating overtime.
Employees who are in a duty status seven (7) or fewer minutes
either prior to or after their shift will not be eligible for
overtime pay. Employees who are in a duty status eight (8) or more
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.
A. 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. Compensatory time
accumulated will be taken within the scheduling needs of the
Department..
Special Detail Assignment
Ail 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. The officer assigned to special detail shall comply
with all current department policies and procedures in effect.
8/12/9.9 CITY' UNIO
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
1/2) times his basic hourly rate reflected in the pay schedule in
Appendix A. 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.
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 minimumpayment 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.
On Call
Any bargaining unit member who is on an "on-call" (on-pager) basis
other than cour~ ~me as outl~d in Article 14, Section 4 shall
receive compensation of one hour of pay at time and one half for
each day (24 hour period) on call. No member will be placed
"on-call" without the approval of a division commander,- Bureau
commander, or designated representative.
Section 6._
Overtime Pay
Overtlme pay, when so granted, will normally be contained in the
member's next regular pay check following the time worked.
Schedule
The City will establish the hours of work best suited to meet the
operatipnal and fiscal needs of the Department. Any officer who
accepus and participates in a shift swap will follow the proper
prouocol. 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.
Shift Changes - Employe~
An officer will be given adequate advance notice as determined by
the Chief of any change in his/her regular hours of work except
when an emergency exists. Notice given less than forty-eight (48)
hours before any Changed schedule (assignment days or days off) is
to take effect, entitles the officer to receive compensation at the
rate of one and one-half (1.5) times his/her regular salary for the
first day of his/her tour of duty.
The City agrees that any member required to be out of Palm Beach
County to attend court, seminars, or for any other reason as a
result of his/her duties as a police officer, except if the officer
is exclusively the(plaintiff ~a personal civil action, will be
paid his/her regular rate of pay for each day or parzial day
required for said purposes. There will be no regular or overzlme
compensation.
8/12/99
CITY~ UNIO~
~.T'r ~LE 15
UNIFORMS
~ The City will provide up to three (3) full uniforms
per year and shoes every six (6) months on an as-need basis. The
City will supply replacements for the parts of the uniform when
replacement is appropriate, as determined by the Chief, and if
adequate funds are available in the City Budget.
~ The Detectives who are members of the bargaining
unit and assigned to plain clothes duty will receive a total of
$1,000.00 a fiscal year, paid in $250 installments at the end of
each quarter and pro-rated as appropriate. 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.
~ 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-~he City. Sworn Detectives will be given a cash
cleaning supplement equivalent to that given the uniform officer.
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.
uniformed Officers assigned to plain clothes duty for more than
three (3) months at a time will, for that three months period, be
given a cash cleaning supplement equivalent to that given the
uniform officer and pro-rated thereafter. These payments for
for
8/12/99 CITY~'~. UNION~.~%,..- -
the normal cleaning allowance for uniform officers.
CIT,~,_ I/NI~%5.~
ARTICLE 16
MEDICAL EXPENSES
~ Members will receive and shall be obliged to take
annual elecurocardiogram and physical examination performed by an
agency or doctor to be approved by the City. Scheduling will be at
the discretion of the Department, and the results will become part
of uhe employee's record. The City will pay the cost of this
examination only.
~ When recommended by a physician the City will pay
for a Stress Test no more than once every three (3) years with no
more than a third of the bargaining unit being compensated for such
a test in any one year.
~ The City shall provide an immunization schedule
during the life of this Agreement for any member who wants to be
immunized for Hepatitis-Type B. It is incumbent upon the
bargalning unit member to notify the Department should they desire
said immunization. Said immunization shall be administered by
qualified personnel.
8/12/99
CIT~
ARTICLE 17
~ROUP INSURANCE
Medical Insurance
The cost of health and medical insurance premiums for the primary
coverage shall be borne by the City for the employee only.
Coverage currently in effect should not be substantially reduced.
The selection of the health and medical carrier is reserved solely
to the City. Prior to selection, the City shall make data
regarding carriers or coverage under consideration available and
shall provide notice to the Union.
Life Insurance
Members of the bargaining unit shall be covered by $25,000 of group
life insurance with the premium paid by the City.
Dental Insurance
A group dental insurance program will be provided by the City and
the City will pay the premium for employees and $7.00 per month of
the premium for family coverage.
8/12/99
ARTICLE 18
LEAVES
SEction 1. Annual Leave - Vacation
so
Personnel in the bargaining unit hired after January 1, 1992
will be covered by City of Boynton Beach Personnel Policy
Manual for all issues relative to annual leave. Ail employees
hired prlor to January 1, 1992 will follow the following
vacation schedule:
Years of Service
Vacation Days
Vacation Hours
21 years & after 25 200
0
Vacation requests may be submitted from 14 - 45 days in
advance for vacation. In the event of dual 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
or less. All other
requests submitted under 30 days shall be on a first come
first serve basis regardless of seniority.
C o
Reques~ for emergency vaca~lon
individually by the Chief.
leave will considered
Section 2. S%¢k Leave
Employees will earn ninety-six (96) hours of sick leave per
year at the rate of eight (8) hours per month. The use of
sick leave will be in accord with the Personnel Policy Manual
and Police Department Rules and Regulations, as applicable.
New employees hired after January 1, 1992 shall be subject to
the revised sick leave schedule. Each bargaining unit member
covered by this agreement is eligible to receive one bonus day
for continuous attendance at work at the completion of each
calendar quarter that the bargaining unit member has not used
sick time during the previous quarter, nor has been absent
from work or on leave other than those leave categories
recognized in this document. Bonus days shall be counted as
vacation leave and subject to the provisions set forth for use
of vacation.
bo
Employees who have more than one hundred twenty (120) hours of
sick leave as of September 1, of the current contract year,
may convert 50% of the excess over one hundred twenty (120)
hours to a cash straight time payment not to exceed one
hundred (100) hours in this fiscal year. Those hours over one
hundred twenty (120) hours not converted in the 1989-90 fiscal
year may be converted in the next fiscal year. This provision
shall not be applicable for fiscal year 1994-97, and shall be
subject to the collective bargaining process for subsequent
fiscal yearS.
c. Sharing Sick Leave
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It shall be the policy of the City to permit an employee
the opportunity of donating accrued sick leave time to a
designated employee whenever extraordinary circumstances
require the designated employee to be absent from work
for a lengthy period of time, and when the employee has
exhausted all accrued sick leave and vacation leave to
the numar of vacat~ hours that said employee would
accrue in one year.
Extraordinary circumstances shall be defined as lengthy
hospitalization, critical illness, or injury.
When there appears to be a need to share sick leave in
accord with Section c.2, the Union Steward will prepare
a list of bargaining unit members who are willing to
contribute sick leave hours, confirm through the Finance
Department that the hours are available and submit the
list, accompanied by appropriate Personnel Action Form,
to the Personnel Office for proper charge to sick leave
records. Time used will be used in order listed on
appropriate form supplied by the Union Steward.
Sick leave for medical appointment can be scheduled more than
48 hours ahead and not be changed except in the event of an
emergency.
No member shall be placed on restricted sick leave unless that
member has had a counseling session, with at least a Watch
Lieutenant (Lieutenant rank only). During that counseling
session, the member will be informed of the reasons 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 %eave 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.
At the employee's option, the employee may convert excess sick
leave time as defined in accordance with this section to
vacation time not to exceed forty (40) hoUrs, to be transacted
in the first month of the calendar year.
section 3'. personal Time
of
t erminat ion.: pay.
N~equest for personal
8/12/~ CITY .~~ UNIO~--~
A total of twenty-four (24) hours for personal time per year
will be allowed in increments of one-half shift at a time or
a full shift, not back-to-back. Personal time will not be
accumulated from year to year and in no way should be a basis
leave will be
denied without a reasonable justification.
to be used in the same manner as vacation.
Personal time is
bo
Employees may request a one-half shift increment of personal
~ime, which will be given at roll-call only, by seniority.
Section 4. Bereavement Days
Compasglona~e Leave: In the event of the death of the mother,
father, foster parents, brother, sister, husband, wife, son,
daughter, grandparents, grandchildren, mother-in-law,
father-in-law, sister-in-law or brother-in-law of a permanent or
probationary employee, 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
calendar days 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 calendar days 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.
8/12/99
CiTY~"~
ARTICLE 19
HOLIDAYS
Holidays will be as follows:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
members of
worked.
Holiday pay will be at 1.5 times regular pay for all
the bargaining unit whether or not the holiday is
Holiday Conversion
Under this Section a member may elect not to receive holiday
pay as outlined in Section 2 above, but instead to have the
equivalent straight time holiday hours added as a lump sum to
their accrued vacation balance, (i.e. 110 hours for 4/10
employees and 88 hours for 5/8 employees).
Members who sign up for this section must do so between
October ls= and October 31st of each contract year with the
Secretary of the Department.
c. Members exercising this option for conversion will be paid
only straight time for the hours worked on the holiday.
d. Members exercising this option may use a vacation day (8
hours) instead of working the holiday. The vacation hours
will be paid at straight time.
e. Members not~as,igned to w~n t/he holidaywill receive their
8/12/99 CITY; ~ UNIOn2
f o
normal weekly pay.
Members leaving the service who participated will owe the City
for those holidays they were not on the payroll either through
loss of vacation credits or deduction from funds due from the
City'.
8/12/99
ARTICLE 20
FUNERAL EXPENSES
~ T,he City will make a payment of up to $5,000 to the
beneficiary of bargaining unit employees killed in the line of
duty.
~ Ail 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.
8/12/99
ARTICLE 21
EQUIPMENT MAINTENANCE & SAFETY
The City, as a management responsibility, will maintain vehicles
and equipment in a safe condition and in accordance with law or
ordinances.
The Union Members accept the responsibility for checking vehicles
prior to use and for completing City providing forms for any
defects which is discovered or any operating matter that needs
attention.
Concerns about unsafe condition will be brought to the attention of
the immediate Supervisor who will make a judgment 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
Supervisor will be the final judge on the safety of the equipment
and the appropriate action to take at that time. Subsequent review
of the actions of the bargaining unit member or the supervisor,
will be made by the Chief the next normal work day.
8/12/99
ARTICLE 22
TRAININ~
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 as provided for by resolution.
Weapons Training
The Chief will decide on the training program based on his judgment
of the department's needs. 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.
College Tuition Reimbursement
Ae
The City will provide for ;those members who attend colleges
and/or universities an incentive of paid tuition and books
based upon the grade score for that class. The member is to
pay for the tuition and books an~ be reimbursed upon proper
receipt at the below schedule upon completion of the semester.
"A" equals 100% of tuition and books
"B" equals 100% of tuition and books
"C" equals 50% of tuition and books
College and/or university program must be initially approved
by the City Manager and must be a par~ 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 shal~li pay tuit~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.
The City shall provide reimbursement for authorized expenses
associated with training and special schools attended by the
officer through approval of the Department.
8/12/99
ARTICLE 23
CAREER PATH PROGRAM
o
The purpose of this program is to establish guidelines for a
Career Path Program for police officers below the rank of
Detective/Sergeant.
The Career Path Program is designed to accomplish a three-fold
purpose and is voluntary in nature:
A. Recognize and reward the officer through his/her training
and educational achievements.
B. Provide a career development path for Rank of Police
Officer.
C. Promote long term dedicated employees by offering
incentives, alternatives and guidelines.
The Police Officer Skill Levels III, II, and I shall be as
follows:
A. Skill Level Three (III)
(1) Time in grade: new employee to five (5) years
continuous service.
8/12/99
Skill Level Two (II)
Time in grade:
(2)
(3)
5 - 10 years continuous service
Education Requirement (job related): 160 hours -
Career Incentives or Training Courses
Average or above average performance evaluation for
the past two (2) years.
(4) Incentive pay increase -2%
Skill Level One (I{ ~
(1) Time in grade: t0 plus years continuous service
(2) Educational Requirement: 400 hours
Incentives or Training Courses.
Career
(3)
Average or above average performance evaluation for
the past two (2) years.
(4) Incentive pay increase - 3%
A Police Officer will need to declare the Career Path Program;
being either career path or career incentive (however, if max
out on career incentive, can use/pursue career path). No
college degree courses will be accepted when pursuing a
college degree path. Education must be job related, and
courses/training taken for credit must be on officer's own
time (not City time).
If a police officer who has received career path pay increases
pursuant to this program and is promoted, they are no longer
eligible to receive career path pay increases, nor will career
path pay increases received under this program be considered
in establishing their new rate of pay.
8/12/99
ARTICLE 24
PERSONNEL RECORDS
~1. Consistent with State law, the City agrees that upon
request, a member shall have the right to inspect his Or her own
personnel records whenever or however kept. The .member shall have
the right to make duplicate copies of his or her own records at no
expense. No record shall be hidden from a member's inspection and
members shall have the right to allow anyone of his or her choosing
to inspect the personnel records with written authorization.
Members shall have the right to inspect any and all records used to
evaluate, promote or in any other manner, classify or direct an
employee.
~ A personnel file for all City
maintained by the City Personnel Department.
employees is
~ Internal affairs investigatory files
maintained in accordance with FI. State Statutes.
will be
8/12/99
CITY
ARTICLE 25
LEGAL ACTION
~ 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.
~ 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.
~ The City'will select the Attorney who is to defend
the employee relative to this Article.
~ The employee will be responsible for filing any
counterclaims at his/her expense.
8/12/99
CITY~~' UNIOn1
ARTICLE 26
GRIEVANCE PROCEDURES
interpretation
Agreement.
A grievance is defined as a dispute involving the
or application of the Collective Bargaining
~QA_~. A dispute over disciplinary action is not a
grievance, but shall be referred to as an appeal of disciplinary
action. The process for handling appeals of disciplinary action
are set forth in Article 27 Disciplinary Appeals of this
Agreement.
~TZ~kD~I--~. The parties are committed to resolving grievances in
a timely fashion. Accordingly, any grievance not submitted or
advanced by the grieving party in accordance with the time limits
set forth below will be considered abandoned. Any'grievance not
answered by the City within the time limits set forth below will
automatically advance to the next step of the grievance procedure..
By way of example: When a grievance is advanced to the Police
Chief on January 1st, the Police Chief must respond by January
21st. If the Police Chief responds to the Grievant on January
the 3rd, and the Grievant is not satisfied with the Chief's
determination, the Grievant has ten (10) days from January 3rd
to request appointment of an arbitrator. If the Police Chief
fails to respond by January 21st, the Grievant has ten (10)
days from January 21st to request appointment of an'
arbitrator.
~L~I_~. A grievance must be filed within ten (10) days of
the first occurrence of the event which give rise to the dispute.
Grievances shall be presented in the following manner:
8/12/99
A grievance must be filed on a form approved by the
City within ten (10) calendar days as set forth in
Section 4 above. The grievance must make specific
reference to the Article and Section of the
Agreement in dispute, set forth detailed facts
explaining ho~the Article and Section has been
misapplied by ~ City, and state the relief sought
CITY~ UNIO~Q__~_
by the grievant. The grievance form shall be filed
with the grievant's immediate supervisor. In the
case of a class grievance filed by the Union, the
grievance form shall be filed with the Police
Chief.
The ir~mediate supervisor shall review the grievance
and make a written recommendation for disposition
of the grievance to the Police Chief within five
(5) days of receipt of the grievance.
Steo 3.
The police Chief shall review~the grievance and
render a written decision within twenty (20) days
of the filing of the grievance with the immediate
supervisor. The Police Chief may require members
of the Bargaining Unit to submit to questioning as
part of his review of the grievance.
Step
In the event that a grievant is not satisfied with
the disposition of the grievance by the Police
Chief, the grievant shall have the right to submit.
the grievance to the City Manager. Submission to
the City Manager shall be made within ten (10) days
of the'date of the Chief's disposition or the
expiration of the time period for the Chief's
disposition in the event the Chief-does not render
a decision.
The City Manager shall review the grievance and
render a written decision within twenty (20) days
of the filing of the grievance with the immediate
supervisor. The City Manager may require members
of the Bargaining Unit to submit to questioning as
part of his review of the grievance.
8/12/99
In the event the employee is not satisfied with the
disposition of the grievance by the City Manager,
or if there is no disposition by the City Manager
in a timely, fashion, the grievant may request
appointment of an arbitrator. The grievant's
request for the appointment of an arbitrator must
be made withi~ten (10) days of the. date-of the
C^i~Manager's~ d~sposition of the grievance, or the
expiration of the time period for the City
Manager's disposition in the event the City Manager
does not render a decision.
The grievant's request shall commence with a written
request to the Federal Mediation and Conciliation
Service asking that it submit a list of names of
seven (7) arbitrators. Both parties will
alternatively strike one name until an arbitrator
is agreed to. Following appointment of an
arbitrator, arbitration shall proceed as set forth
below.
ARBITRATION
~T~L~--~. When an arbitrator has been selected by the parties,
the City shall have ten (10) days from receipt of notice of
appointment to raise arbitrability as a defense. If arbitrability
is raised by the City, the issue of arbitrability shall be
determined by the arbitrator no less than thirty (30) days prior to
the commencement of an arbitration hearing on the grievance itself.
If the City raises the question of arbitrability and loses that
determination, the City shall pay the cost of the arbitrator. If
the City raises the question of arbitrability and the arbitrator
determines that the matter is not arbitrable, the Union shall pay
for the arbitrator. This provision shall not prohibit the City
from challenging the arbitrability of any grievance in an action
for declaratory relief filed in the Circuit Court of Palm Beach
County, Florida. In the event of a court action by the City, the
grievance/arbitration proceeding shall be abated until the
conclusion of the court proceeding.
~.J;;kD~_~. The'arbitrator shall conduct the arbitration hearing
no less than thirty (30) days nor more than ninety (90) days from
the date of appointment.
~iO&1_~. In the event a party seeks continuance of an
arbitration hearing once set, the requesting party shall pay any
fee charged by the arbitrator for resetting the hearing.
~.~;~_~. The arbitrator's decision shall be confined to the
statement of the grievance set forth in the written grievance form
together with any ,~efenses ra~ed by the City at any step. of the
grievance procedure. The arbitrator shall have no authority to
change, amend, add to, subtract from, or otherwise alter or
supplement this agreement or any part thereof in order to resolve
a grievance. The arbitrator may not issue declaratory opinions and
shall confine himself/herself exclusively to the issues presented,
which must be actual and existing.
~~__~. The arbitrator shall render a written decision
within thirty (30) days of the close of the arbitration hearing or
'submission of post hearing briefs, whichever occurs las~. The
arbitrator's decision shall be final and binding on all parties.
8/12/99
ARTICLE 27
DISCIPLINARY APPEALS
Discipline is classified as either major or minor as
follows:
MAJOR:
Termination
Demotion
Suspension without pay - more than one (1) day
No employee shall be subject to major discipline without first
being afforded a pre-determ±nation conference with the City
Manager. No pre-determination conference shall be conducted with
less than ten (10) calendar days notice to the employee.
MINOR:
Written reprimand
Suspension without pay one (1) day or less
Appeals of disciplinary action shall be handled as
follows:
ae
Major discipline may be by appeal to an arbitrator, by
using the same procedure for appointment of an arbitrator
as set. forth in Article 26 above. The request for
appointment of an arbitrator must be made in writing
within ten (10) calendar days of notice of the City's
disciplinary action.
Be
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.
Ce
Written reprimands may not be appealed but the employee
may submit a written response provided the response is
submitted within ten (10) 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.
8/12/99
Suspensions without pay of one (1) day e~ may be
appeale~d %to the Hu~ Resource Manager whose decision
shall be final. An appeal shall be filed in writing
within ten (10) days of notice of the suspension without
pay. The Human Resource Manager shall conduct an
investigation of the discipline and render a decision
within twenty (20) days of the appeal. The Human
Resource Manager's dec~sion may be to either sustain,
reverse, or modify the discipline. In no event shall the
Human Resource Manager's decision increase the discipline
to more than a suspension without pay of one day. The
Human Resource Manager may conduct interviews with the
grievant, departmental staff, or members of the
bargaining unit as part of his/her investigation of the
discipline.
8/12/99
ARTICLE 28
RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION
The City of Boynton Beach agrees that all rights of Law
Enforcement Officers under investigation detailed and granted by
Florida Statutes, Section 112.532(1) (a)-(i) and Section 112.533 (as
amended from time to time) will be observed and practiced.
8/12/99
ARTICLE 29
DISCIPLINE AND DISCHARGE
~ Employees may be disciplined only for just cause.
No employee shall be disciplined without notice of the charges
setting forth the basis for such discipline.
~ Employees shall have the opportunity to appeal
disciplinary action in the manner set forth in Article 27 of this
Agreement.
~.~ The parties recognize that timeliness of
disciplinary action is an essential elemenc of due process.
Accordingly, no employee shall be subjected to disciplinary action
unless a final disciplinary recommendation is made by the Police
Chief within fourteen (14) days of the Chief's determination of the
conclusion of the investigation.
~,~Q~_~. No employee shall be subject to demotion,
termination, or a suspension without pay of more than one (1) day
without first being afforded the right to a pre-determination
conference with the City Manager.
8/12/99
ARTICLE 30
PAST PRACTICES
All employment practices listed below shall remain in effect:
B.
C.
D.
F.
G.
H.
I.
Lockers
Locker room shower, gym
Shoes every six (6) months.
Provide weapons, equipment, gear
assignment.
Bullet proof vests.
Jackets, raincoat, boots.
Desk space, office supplies.
Approved and required travel expenses.
Use of City vehicles for court when available.
appropriate
tO
8/12/99
ARTICLE 31
PERSONAL VEHICLES
$~ 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.
$_~ 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.
8/12/99
ARTICLE 32
DEPARTMENTAL POLICIES, RULES AND REGULATIONS
~ It is agreed and understood that the Police
Department currently has policies, rules and regulations governing
employment. The formulation, amendment, revision and implementation
of any rule shall not be arbitrary or capricious. In the event of
a conflict between the rules and specified provisions of this
Agreement, the Agreement shall control.
~ In the event the City amends or revises an existing
rule or implements any new rule, it shall give ten (10) days notice
to the Union.
8/12/99
ARTICLE 33
MATERNITY LEAVE
Whenever an employee shall become pregnant, she shall furnish the
Police Chief with a certificate from her physician, stating the
approximated expected date of deliver. She may continue to work as
long as her physician certifies she is able and provided the Police
Chief does not find her work performance impaired. Maternity leave
shall start with cessation of actual work and continue for a period
not to exceed two (2) months after the date of delivery. She shall
be paid, upon request her earned vacation leave and unused sick
time.
8/12/99
ARTICLE 34
COMPLETE AGREEMENT AND WAIVER CLAUSE
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.
There is no past practice which results in a monetary benefit
except as set forth expresSly in this Agreement. All bargaining
unit members are covered under the terms of this Agreement and the
City's Personnel Police Manual and not under any Civil Service
Rule/Regulation and heretofore in existence.
8/12/99 CITY ,- . UNI _/
ARTICLE 35
SEVERABILITY
Section !. 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.
~ In the event of such finding the parties will meet
within thirty (30) days to begin negotiations of a replacement
Article or Section.
8/12/99
ARTICLE 36
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, 2001. The pay for performance
increases provided for in Article 12, Wages shall not continue
beyond September 30, 2001, unless otherwise extended by written
agreement of the parties.
8/12/99
ADDENDUM TO AGREEMENT
The Union and the City agree that in Years 2 and 3 of the
contract, the vacation accrual will end with the fiscal year
October 1, 1999 through September 30, 2000, and October 1, 2000
through September 30, 2001.
The remainder of Year 1 will extend through December 31, 1999
for vacation accrual as agreed upon by both parties.
Agreed to this day of
between the respective parties through
representatives of the Union and the City.
, 1999, by and
the authorized
PALM BEACH COUNTY
~'~9 By: President- ~~ ~
W~tness '
Ratified by City Commission
CITY OF//BOYN~ON B~ACH
B~:./~~
ATTEST:
. r ~- ,--- ~,,,,-~o~?~''~
Ci~ Clerk
Citg/~a~ge~ - '
Date .~
8/12/99 CITY'
!
UNION% ,
Ratified by Union Members
8/12/99
CITY
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