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R99-165RESOLUTION NO. R99-/~;,~r' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH/ FLORIDA, RATIFYING THE 1998-2000 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE POLICE LIEUTENANTS FRATERNAL ORDER OF POLICE; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City and the Police Lieutenants Fraternal Order of Police (FOP) have been diligently negotiating a collective bargaining agreement; and WHEREAS, the Police Lieutenants Fraternal Order of Police ratified the attached Collective Bargaining Agreement on December 14, 1999; NOW, THEREFORE, BE TT RESOLVED BY THE CITY COHH'rssTON OF THE CTTY OF BOYNTON BEACH, FLORZDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby ratify the 1998 - 2000 Collective Bargaining Agreement between the City of Boynton Beach and the Police Lieutenants Fraternal Order of Police, a copy of which is. attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this =,~/' day of December, 1999, ATTEST: City~lerk - I ...... [J~J ~ ~ ~11111111111~~' I~yor_//.,' //,~.//_..~. Vic a~~yor /// Com mis~6~e-r - -/~.~/ 1998-2000 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND POLICE LIEUTENANTS FRATERNAL ORDER OF POLICE 120999 (FINAL NUMBERING TO BE TABLE OF CONTENTS DETERMINED) 1 2 3 4 5 6 7 8 9 10 11 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 37 120999 Preamble ..................................... Recognit ion .................................. No Strike or Lock-Out ........................ Non Discrimination ........................... Dues Deduction ......................... ...... Union Time Pool .............................. FOP Representation ........................... Bulletin Boards .............................. Information Requests ......................... Rights of Lieutenants Under Investigation .... Legal Benefit ............................... Management Rights ............................ Discipline and Discharge ..................... Subcontract lng ............................... Rate of Pay .................................. On Duty Injuries ............................. Call Back Pay ................................ Court Appearances ............................ Bereavement Leave ............................ Sick Leave ................................... Vacation ..................................... Holidays ..................................... Funeral Expenses ............................. Medical Expenses ............................. Uni forms ..................................... Training ..................................... Personnel Records ............................ Solicitations ................................ Safety and Health ............................ Use of City Facilities ....................... Hours of Work and Overtime ................... Shift Selection .............................. Seniority .................................... Transfers and Shift Changes .................. Group Insurance .............................. Tuition Reimbursement ........................ Departmental Policies, Rules & Regulations... Off Duty Police Employment ................... Page 1 2 3 5 6 8 10 12 13 14 15 16 18 19 21 23 24 25 26 29 32 34 35 37 39 40 42 43 44 45 46 47 48 49 51 53 54 38 39 40 41 42 43 44 45 46 47 Grievance and Arbitration Procedures ......... Pa~-Practices ............................... Entire Agreement ............................. Personal Vehicles ............................ Promotions ................................... Savings Clause ............................... Temporary Assignment ......................... Chemical Testing ............................. Management Package ........................... Duration of Agreement ........................ Signature .................................... 55 61 62 63 64 65 66 67 68 69 70 120999 ! CITY~ ~ This agreement is entered into bY and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City", and the Florida State Lodge, Fraternal Order of Police, hereinafter referred to as the "FOP" or the "Union". It is the intent and purpose of this Agreement to create a sound and mutually beneficial working and economic relationship between the parties hereto; to provide an orderly, prompt and peaceful means of resolving disputes involving interpretation or application of this Agreement; and to set forth basic and full agreement between the parties concerning wages, hours, terms and conditions of employment. 120999 -2- ~ The City of Boynton Beach hereby recognizes the FOP as the exclusive collective bargaining agent with respect to wages, hours and other terms and conditions of employment for all employees in the bargaining unit. Section 2. The bargaining unit for which this recognition is accorded is as defined in the certification granted by the Public Employees Relations Commission and comprises all full-time police lieutenants, except those lieutenants assigned as the public information officer with the City of Boynton Beach. Excluded are all other employees of the City. 120999 CITY~" NO STRIKE OR LOCE-O~ ~ "Strike" means the concerted failure to report for duty, the concerted absence of Lieutenants from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Lieutenants from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. ~ Neither the Union, nor any of its officers, agent and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, engage.in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. ~_$_~h~i~_~ Each Lieutenant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the 120999 FO P~~/ CITY /' strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida, Article 1, Section 6. Accordingly, the Union, its officers, stewards and others responsible to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility in the event of breach of this Article or the law by other employees violating this Article or the law to return to work, and to disavow the strike p~blicly.  Any or all Lieutenants who violate any provisions of the law prohibiting strikes of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall not be grievable or arbitrable under the provisions of Article 38 Grievance and Arbitration Procedures. 120999 CITY~// ARTICLE $ NON-DISCRIMINATION ~ It is agreed that no employee shall be discriminated against, as prescribed by State or Federal laws, in their employment because of race, creed, color, sex, age, national origin, marital status, physical handicap or membership or non- membership in the Union. ~ Any claim of discrimination by an employee under this Article may be brought with the appropriate governmental agency, but may not be grieved under this Agreement. 3. The Union shall not discriminate against any bargaining unit member who fails to join the Union. 4. The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall work jointly to eliminate 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. 120999 -6- DUES DEDUCTION ~ Any employee covered by this Agreement may authorize a payroll deduction for the purposes of paying Union dues. Such authorization shall become effective upon acceptance by the City of a fully executed dues deduction form from the employee. Employees who are currently members of the bargaining unit need not-execute a new dues authorization card. ~~ The Union will notify the City as to the amount of d'~es. Such notification to the City shall be from an official of ti%e Union. Changes in Union membership dues will be certified to t]%e City at least thirty (30) days prior to the effective date of le change. ~ Dues will be deducted each pay period and such )nies shall be remitted to the Union treasurer or designee once ~r month, not later than fourteen days after the end of the month. ~ The effective date of deducting dues shall be the ~ginning of the pay period following the day the dues deduction ~rm is signed. The effective date for stopping dues deduction ~all be at the beginning of the pay period thirty (30) days 10999 FO~~~ CITY~ ti S~ b f¢ 1; -7- following the date the revocation form is received by the City. ~ The Union will indemnify and hold harmless the City against any claims brought against the City based on payroll deductions of dues as provided in this Article. 120999 FO CITY~ UNION TIME POOL -8- ~ The City shall create a time pool of ninety-six (96) hours for utilization by designated union representatives for the conduct of union business within and outside of the City. The use of the time pool shall be limited r,~presentatives for the following: a r to activity by the union A. to assist a bargaining unit member who is required to )pear at a hearing related to a grievance; B. to assist a bargaining unit member who is presenting or ~sponding to a grievance; Co · nterrogation in investigation; and Do to assist a bargaining unit member whc conjunction with an is subject to internal affairs to assist a bargaining unit member at a pre-determination hearing. Unit members must use time pool if 15 minutes or more is required.  _ In addition, members of the bargaining unit nate vacation time in two (2) hour increments, (on a may form designated by the City) not to exceed eight (8) hours each per year to the union Time Pool. ~ Union representatives shall be released from duty upon reasonable notice to the Department and upon the approval of the division commander. If the needs of the Department do not permit the release of a particular employee as requested, the release of an alternative member during the desired time shall be provided. 120999 CITY~' FOP REPRESENTATION p~ ir s~ ~-~ Neither party in negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. The parties shall, at their first bargaining session, exchange a list of bargaining team members. ~ The City shall recognize up to two (2) FOP representatives for the purposes of bargaining and any bargaining team members shall be permitted to attend bargaining sessions which may occur during their regular tours of duty without any loss of pay. The City shall not be required to provide overtime to any employee attending negotiations. ~ The parties agree that the FOP may establish a system of stewards providing for a chief steward and an individual steward on each shift and division represented by the bargaining u~it. Stewards on duty shall be permitted reasonable release time with pay upon approval of the division commander for the purpose of · ocessing any individual grievance or assisting employees at Lvestigatory or disciplinary.interviews. ~ When 0999 acting in their CITY'S-/~ capacity as FOP -il- representatives within the Department and not on behalf of themselves, employees shall not be obligated to observe the departmental chain of command. A representative may not refer an issue outside of the department without first presenting it to a senior staff officer. This shall not relieve employees from observing the departmental chain of command except for receiving approval of release time with regard to their duty-related activities, notwithstanding their position as an FOP representative. 120999 CITY~ -17- Code and the Drug Free Workplace Policy adopted by the City of Boynton Beach. Random selection shall be by computer generated selection, by an outside entity. Determine and change the equipment and materials provided to or not provided to employees. Add to or change the qualifications necessary for any job classification. C~ O: h~ b~ Lo Create, alter or disband any units based upon the needs of the Department as determined by the Police Chief. 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 Lty's right to exercise any or all of such functions. Any right privilege of the City not specifically relinquished by the City this Agreement shall remain with the City. ~. In the event of any change over which the City may ~ve an obligation to bargain concerning an impact of the change, ~e change may be implemented prior to resolution of the impact Lrgaining. 0999 CITY~ ARTICLE MANAGEMENT RIGHTS Section 1. The Union recognizes that the City has the exclusive right to manage and direct the Police Department. Specifically, but not by way of limitation, the City retains the exclusive right to: Ao Hire, promote, and lay off employees in accordance with the City of Boynton Beach Personnel Policy Manual. B. Discharge and suspend employees for cause. Transfer employees from one location to another, one shift to another, or one starting time to another. Do Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. Schedule and change the work to be performed by 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. 120999 Mandate physical, medical, and drug and alcohol testing in accordance with law. The City agrees to use State Certified Laboratories for all drug testing. Drug and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retestlng shall be as set forth in Florida Administrative -15- LEGAL BENEFIT Section ~, The City agrees to abide by the provisions of Florida Statutes Sections 111.065, 111.07 and 768.28, in providing a legal defense or reimbursement for legal services to employees charged in criminal or civil actions arising out of the course and scope of their employment; provided, however, that the City shall nou be required to pay a judgment when. it has been established that the employee was engaged in conduct outside the scope of his/her employment. 12 0999 -14- ARTICL~ 9 RIGHTS OF LIEUTENANTS UNDER INVESTIGATION ~ The Cfty of Boynton Beach agrees that all rights due Law Enforcement Officers under investigation detailed and granted by the Florida Statutes, Section 112.532, 112.533, 112.534 will be observed and practiced. 120999 CIT~ INFORMATION REOUESTS/REPRODUCTION Section 1. The City agrees to furnish to the Union president or designee, upon request at City cost, documents such as agendas, minutes, financial reports, etc., of the retirement fund, City COmmission, and any other body of the City whose activities may impact on terms and conditions of employment of bargaining unit members. Access to any other records shall be governed by Florida Statutes, Chapter 119. 12 0999 ARTICLE 7 BULLETIN BOARDS Section 1. The Union shall be provided with the use of a Lieutenant's Union bulletin board space at one (1) location in the police building. Section 2. The Union agrees that it shall use the space on the bulletin boards only for the purposes of posting notices of Union meetings; notices and results of Union elections; reports Of Union committees; rulings or policies of the Union; recreational and social affairs of the Union, and notices by public bodies. 120999 -28- Administrator for proper charge to sick leave records. The time charged will be used in the order listed on appropriate form supplied by the Union Steward° ~ Sick leave usage for medical appointment can be scheduled more than 48 hours in advance and cannot be changed by the Department except in the event of a clear need by the Department. $_~ No member shall be placed on restricted sick leave p~ior to being counseled by the division commander informing the m~mber of the reasons and allowing them an opportunity to explain tt~e situation. If after counseling a problem continues, the member w2.11 be notified in writing and placed on restricted sick leave. member will be on Sick leave for a period of six (6) months. ~ the end of six months, the member will be advised in writing if t Le Department intends on extending the restricted sick leave. S~~ At the employee's option, the employee may convert e~cess sick' time as defined in accordance with Section 2 to w~cation time not to exceed forty (40) hours, to be transacted in tt~e first month of the calendar year. 120999 F~ C I T¥~----' -27- or early retirement as define din the appropriate Pension Plan.) Section 2. Employees who have more than one hundred twenty (120) hours of sick leave as of October 1, of any contract year, may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in the contract year. Those hours over one hundred twenty (120) hours not converted in this contract year may be converted in the next contract year. ~_~ It shall be the policy of the City to permit an employee the opportunity to donate accrued sick leave time to a designated employee, provided the contributing employee has 120 hours accrued sick leave, whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the designated employee has exhausted all accrued sick leave. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury, when there appears to be a need to share sick leave in accordance with this Article, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick Leave hours, confirming through the Finance Department that the hours are available. Such list shall be submitted to the Payroll 120999 CITY~-----~' ARTICLE 19 SICK LEAVE Section 1. Employees shall earn ninety-smx (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave shall be in accordance with the Personnel Policy Manual. Bargaining unit members (or their beneficiaries in case of death) hired prior to October 1, 1991 and are regular employees, shall be paid for unused sick resignation, retirement or death. leave at the rate of 50% upon (Retirement shall include normal retirement, disability retirement or early retirement as defined in the appropriate pension plan).Bargaining unit members hired after October 1, 1991 and are regular employees will have payment made for unused sick leave at the rate specified in the table below, upon resigning in good standing, retirement or death: Continuous Years of Service ~$rcent of Accumulated Sick Less than 5 full years 0% More than 5 full years, but less than 10 full years 10% More than 10 full years, but less than 15 full years 15% More than 15 full years, but less than 20 full years 20% Upon retirement from City Service 30% (Retirement shall includ~ normal retirement, disability retirement BEREAVEMENT LEAV~ ~ In the event of the death of the parent, foster parent, sibling, spouse, child, grandparent, grandchild, mother or father-in-law, sister or brother-in-law, grandparents of spouse or domestic partner whose name must be on file with the Department of Human Resources of the City and any permanent family member of the h. Dusehold such employee shall be entitled to paid compassionate l~ave not to exceed three (3) consecutive calendar days for any one d~ath. However, if it is necessary for the employee to leave the Ssate of Florida in connection with the funeral of the deceased, flLve (5) days compassionate leave shall be allowed. Additional l~ave may be authorized by the Chief or his/her designee on a case- bt-case basis, except that such additional leave shall be debited a'ainst the employee's accrued sick or annual leave. ~ Employees must verify in writing attendance at out- o~-state A]ticle. S( funeral in order to be eligible for benefits under this The City Manager may grant additional leave under this ~ction, except that such additional leave shall be debited against employee's accrued sick or annual leave. 0999 ARTICLE 17 COURT APPEARAnCeS ~ When required to respond to court, deposition, subpoena, or any other judicial or administrative proceeding arising out of a member's duty as a police officer, and not involving the officer as a plaintiff or whose interest is affected by the plaintiff, the employee shall be paid a minimum of three (3) hours per day at time and one-half (1 1/2) the employee's'regular rate of pay, unless such court appearance occurs during the employee's regular working hours. ~ If court appearance is contiguous with the end of the employee's shift, court time shall be compensated as any other over time assignment. 120999 -23 - CALL-BACK PAy ~ In the event that a lieutenant is recalled to duty anytime outside of his/her regular working hours, the employee shall be compensated for the actual time worked but in no event less than three (3) hours at time and one-half (1 1/2) the employee's regular rate of pay. ~ Employees will be called back to duty on the basis of seniority in the rank of lieutenant. The lieutenant with the most Seniority as a lieutenant will be offered the opportunity first. If that person is not available, or turns it down, the nexu Lieutenant with the most seniority as a lieutenant will be offered the opportunity. This manner of offering the opportunity will continue until the last lieutenant is reached. If no lieutenant volunteers for the assignment, the-City shall have the right to assign the duty by inverse seniority. 120999 CITY~' -22- employee is permanently and totally disabled as a police officer, the City shall be authorized to terminate the employee for physical inability to perform. Section 4. The City shall have no obligation to establish light duty police work for employees disabled in the line of duty, if such work is not operationally or fiscally justifiable. 120999 -21- ARTICLE IX ON-DUTY INJTJRI~ ~ When an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Workers' Compensation Act, the employee shall be entitled to full regular pay. If the period of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal to the difference between his/her Workers' Compensation check and his/her normal net take home pay.  If the period of disability is greater than 180 City may ask the Police Pension Board to review said employee's disability case for retzrement due to disability.  After 180 days of disability, the employee shall be y a physician selected and compensated by the City to d~termine the likelihood of recovery. If the medical report i]~dicates a likelihood of recovery, 180 days of additional leave m~y be granted and shall be made up from the affected employee's u]~used accrual time on the books. If the affected employee has no t~.me on the books, other employees may donate any accrual time to tile affected employee. If the medical report indicates the ARTICLE In year one (1) of the Agreement, Lt. Patrick Leonard, Lt. Chris Frey, Lt. Greg Bean and Lt. Carl Miller, on ratification, will receive a $2,000 adjustment to their base wage retroactive to 10/1/98, as well as a $1,000 lump sum, not into base. Ail other members of the bargaining unit will receive $2,000 lump sum, not into base, on ratification of the Agreement. Ail monies are to be applied to pension. In year two (2) of the Agreement, all bargaining unit members will receive $2,000 lump sum on their anniversary date. There will be no base wage increases. Ail monies are to be applied to pension. 120999 SUBCONTRACTIN~ There shall be no subcontracting for the life of this Agreement. -18- DISCIPLINE AND DISCHARG~ ~ 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 said disciplinary action in the manner set forth in Article 38 of this Agreement. ~ The parties recognize that timeliness of disciplinary action is an essential element 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. ~ No employee shall be subject to demotion, termination, or a suspension without pay of two days or more without first being afforded the right to a predetermination conference with the City Manager. 120999 CIT ~ "- limits of and Records Law. -40 - PERSONNEL RECORDS Ail personnel records shall be maintained within the in accordance with the provisions of the Public 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 to the bargaining unit member. 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 within the provisions lic Records Law. A personnel file Lintained by the City Lrge these files of for all City employees is Human Resource Department. The City will disciplinary actions in accord with the ~propriate Florida State Statute. The purging will take place ~en the 0999 Human Resources Department notes that it is time for a CIT~ ARTICLE 2~ TRAINING Section 1. Ail training required of the bargaining unit member by the Police Department when off duty shall be compensated at the rate of time and one-half (1 1/2) the employee's regular rate of pay. Section 2. The Police Chief will decide on the Department's training program according to his judgment of the needs and requirements and potential for each member of the Department. 120999 uniformed Lieutenant. of of th be li li. no] .... 38- from the date of assignment on a pro-rate basis. ~ Lieutenants assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accordance 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 skall designate the only approved dry cleaning establishment in the City. Lieutenants assigned to plain clothes duty will be given a - cash cleaning supplement reasonably equivalent to that of t-he This will be paid at the end of each quarter the contract year. This allowance shall commence from the date assignment on a pro-rated basis. ~ Lieutenants assigned to plain clothes duty for more ~n three (3) months at a time will, for that three months period, 12, given a cash cleaning ~utenants and pro-rated supplement equivalent thereafter. These to that given payments for ~utenants assigned to plain clothes duty will substitute for the fmal cleaning allowance for lieutenants. )999 CIT~" ARTICLE 2~ UNIFORMS Section 1. The City will supply those parts of the uniform that the City requires police lieutenants to wear on duty. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Chief of Police, and if adequate funds are available in the City's budget. ~ Effective on the date of this Agreement, lieutenants who are members of the bargaining unit and assigned to plain clothes duty will receive a maximum of $1,000.00 per contract year, paid in $250 installments au the end of each quarter and pro-rated as appropriate when assigned during each quarter to plain clothes duty. The City will replace civilian clothes of lieutenants purchased with the annual allowance when such clothes are damaged in the line of duty. The City will replace civilian clothes to uniformed officers assigned to plain clothes duty when the clothes are damaged in the line of duty. The replacement will require the approval of the Chief of Police. The Lieutenant claiming a replacement will be required to ihclude with his/her claim an explanation of the circumstances of the damage and appropriate reports concerning.the incident. This allowance shall commence and/or Hepatitis screen at the time of his/her annual physical. The cost to be paid for by the City. The resu!ts of the AIDS test shall remain confidential. The City shall bear the costs involving lead testing for the Range Instructor(s). ARTICLE 27 MEDICAL EXPENSES Section %, Members will receive and shall be obliged to take an annual electro-cardiogram and physical examinations by licensed physician approved by the City. Scheduling shall be at the discretion of the Department and the results will become part of the employee's permanent record. Said medical records shall be exempt from public inspection, as provided by Chapter llg,'Florida The City shall bear the cost of the examination. Statutes. Hepatitis, Any condition of disability resulting from Acquired Immune Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex I, established ~o have been occurred in the line of duty shall be covered the same as other duty in]ury. ~ Beginning at the age of 30 and every other year thereafter, the bargaining unit members shall be provided a twelve lead EKG and cardiac stress test to be paid for by the City and to be performed at a City designated medical facility. A hepatitis "B" vaccine series shall also be offered by the City to all bargaining unit members at no--cost to the member. ~ At the members discretion he/she may request an AIDS 120999 FO~ CIT~~-'~ -34 - FUNERAL EXPENSE~ ~ The City will make a reasonable payment, not to exceed $5,000 for funeral costs to the beneficiary of bargaining unit employees killed in the line of duty. ~ All employees shall, on a form to be supplied by the Human Resources Director or his/her designee, designate by name and address, the individual to whom such funds are to be Paid. 120999 Co Fo -33- holiday hours added as a lump sum to their accrued vacation balance. Members who sign up for this section must do so between October 1st and October 31st of each contract year with the Bureau of Administration. Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. Members whose regular days off are on a holiday will recelve their 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. Members may elect to take the holiday off and at their option deduct eight (8) hours vacation or take the holiday off without pay. 120999 o 7 8 9 s, ti hc 120999 ARTICLE_q_L_~_~ L IKQLJD_~ Holidays will be defined as the below dates: 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 ~ Holiday pay will be at one and one-half (t mes the employee's regular rate of pay, liday is worked. A. -32 - 1/2) whether or not the Holiday Conversion. Under this Article a member may elect not to recezve holiday pay as outlined in Section 2 above, but instead to have the equivalent straight time -31- ~ Ail Lieutenants shall receive in addition to the existing vacation accruals, 32 hours of personal time per contract year, which may be used in four hour increments (ton-accumulative and cannot create an overtime situation). The 32 hours of personal time per contract year are not accruable and must be used within each contract year. -- 120999 -30- Seniority will prevail in the granting of vacations. Vacation requesss may be submitted from forty eight (48) hours to thirty (30) days in advance. In the event of dual requests for vacation dates, the senior member's request shall prevail if it was submitted twenty one (21) days prior to the date or dates requested. Vacations of three (3) days or less may be made within twenty-four (24) hours advance notice, provided that the City incurs no overtime in the granting of such request. ~ Requests for emergency vacation leave shall be irLdividually considered by the Chief of Police. S~~ Management reserves the right to approve or deny v~.cation leave based upon the operational needs of the department. 'acation privileges shall not be suspended or canceled except as s~,ecifically set forth in this Agreement or in time of declared en~ergency, as defined in this Agreement. Commencing December 1, 1S99 through January 7, 2000, an emergency has been declared and v~cation use will be restricted from December 1, 1999 through January 7, 2000. There will be no vacation leave granted from December 27, management's capricious. 120999 1999 through January 7, 2000. The exercise of rights under this Section shall not be arbitrary or ARTICLE 2Q VACATION Section 1. Vacation shall be accrued in accordance Personnel Policy Manual, as follows: Years of Se~ice VacaUon HoursPerYear i 96 2 - 3 120 4 128 5 136 6 144 7 152 8 160 9 168 10- 15 176 16 - 20 192 21 and above 200 with the Employees may accrue vacation leave to a maximum of the level earned in the most recent two employment years. However, any amount over the allowable maximum that has not been used during that fiscal year (October I - September 30) will be forfeited as of September 30. This portion of the Agreement will take effect September 30~, during the ).nd year of the Contract. 120999 F~ CIT~' OFF-DUTY POLICE EMPLOYM~.NT ~_~~ Off-duty police employment shall be defined as any pOlice-related duty that is Performed or administered by a sworn employee which is paid for by a private entity, through the City of B0ynton BeaCh.  When City facilities are used by other agencies or persons,, any desired security arrangements shall be at the option of the user. If the user and/or the City determines that certified p lice officers are to be required at any public event, onl~ B~ynton Beach Police Department personnel shall be used. 120999 -53 - ARTICL~ 3~ DEPARTMENTAL POLICIES. RULES AND REGULATIQ~ ~ 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 specific provisions of this Agreement, the Agreement shall control. Section 2. Nothing in this Section shall constitute a waiver of the Union's right to impact bargaining as defined in Chapter 447, Part II, Florida Statutes (the Florida Public Employee's Relations Act). In the event the City wishes to amend, revise or implement any new rule, it shall give ten (10) days notice to the Union. 120999 CIT~ -52- enforcement, criminal justice, public adminissration, or any other similar police profession discipline that may, in the opinion and with the approval of the City Manager enhance the member's performance as a law enforcement officer. 120999 CITY~ ARTICLE 35 Section 1. paid tuition accredited college or university. TUITION REIMBURSE~NT The City shall provide an incentive in the form of and books for members who choose to attend an Section 2. The member shall initially pay and be reimbursed by the City upon presentation of documented completion of the course. College and/or University program must be initially approved by the City Manager. ~ Members attaining a grade of "A" or "B" shall b~ reimbursed for 100% of the cost of a course. Members attaining a grade of "C" shall be reimbursed for 50% of the cost of a course. The City shall reimburse bargaining unit members at 50% of cost for attending and being approved for life experience only at Barry University, Nova University and St. Thomas University, for not more than 30 credits. In the event that a course is a mandatory pass/fail c~urse, a grade of passing shall be treated as a satisfactory grade and will be reimbursed for 100% of the cost of Employees shall receive no compensation for grades the course. below a "C". Section 4. 120999 Courses must lead to a degree in the fields of law -50- Collective Bargaining Agreement. In the event the total health and dental insurance benefit package is altered in a manner which increases either a bargaining unit members annual deduction by more than five (5%) percent over the deductible current at time of ratification of this Agreement or an itemized co-payment by more than 25%, the Union may reopen negotiations of this Article by making written request to the City Manager. 120999 -49- ARTICLE 34 GROUP INSURANCE Section 1. The City shall provide and 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. Section 2. The City shall provide and pay for one hundred percent (100%) of the cost of individual coverage in a group healt~ insurance policy for members of the bargaining unit. ~ The health and dental insurance coverage currently in effect shall not be substantially reduced through the life of this contract. The selection of a carrier or carriers to provide health and dental insurance coverage is a managerial function reserved solely to ~he City. The City will use its best efforts to maintain health and dental coverage which is substantially equivalent to the coverage in effect on the date of ratification of this Agreement. Minor reductions in coverage are permissible and do not constitute a unilateral change of benefits under this 120999 F~ CIT~~--- -48 - TRANSFERS AND SHIFT CHANGES ~ NO member shall be transferred nor have his/her shift or schedule changed, including days off, without forty-eight (48) hours notice, except in time of emergency, as elsewhere defined in this Agreement. If a member suffers a transfer or shift change, as defined in this Agreement, without forty-eight (48) hours notice and without the consent of the employee, all time worked on the first newly assigned shift or workday shall be at the o ertime rate. ' ~~ Members may request to exchange shifts, provided t]lat the exchange is approved. Such approval shall not be u]lreasonably withheld. The City shall not be obligated to pay o~rertime to accommodate the exchange. 120999 -47 - ARTICLE 32 SENIORITY Section 1. Seniority shall be computed from the date of promotion. If two (2) lieutenants have the same date of promotion, the date of initial appointment to the service of the City as a police officer shall be the determining factor. Seniority shall accumulate during all authorized Section 2. leaves. Seniority shall be the determining factor for the selection of vacations and overtime assignments. ~' ~ The City shall have the right to determine the number of lieutenants assigned to each division and each shift. ~ For lay-offs and other non-disciplinary reductions in personnel, Senior Classes will displace Junior Classes. An example would be: if a police lieutenant's position is to be abolished, the incumbent with the least seniority in the position of lieutenant w~ould displace a Police Sergeant, who would displace a Police Detective, who would displace a Police Officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. 120999 -46 - SHIFT SELECTION ~ The Department shall have the discretion to determine the number of persons assigned to each shift and division within the Department. The City reserves the right to assign Lieutenants to a particular division within the Police Department. ~ The City may designate the number of slots assigned tO each shift. Thereafter the employees shall choose slots by seniority. The Department shall have discretion to change the probationary lieutenant for training purposes. The right to selec~ shift shall not apply to probationary lieutenants. 120999 CIT~/-- ARTICLE 30 HOURS OF WORK AND OVERTI~F~ Section 1. The normal work week is a seven day cycle, time and one-half paid for all hours above 40 hours actually worked in that cycle, including vacation time. ~ No work schedule, days off, hours of work, etc., shall be changed primarily for the purpose of avoiding the payment of overtime. ~ No person shall be required to work more than sixteen (16) hours at one (1) time, except in a declared emergency. For the purposes of this section and this agreement, an emergency shall be a natural disaster, (flood, hurricane, etc.) or man-made disaster (riot, mass civil unrest, etc.) or other incident which directly threatens the health and safety of the citizens of Boynton Beach. 120999 CiT~i -44 - ARTICLE29 USE OF CITY FACILITIE~ The FOP shall be entitled to the use of City facilities to conduct Union business at the same cost assessed to other. 0999 ARTICLE 25 SAFETY AND HEALTH -43 - ~ The City agrees that it will conform to all State and Federal laws concerning safety, health, sanitation and working conditions, when said laws are specifically applicable to public employees. Protective devises, wearing apparel and other equipment necessary to protect employees from injury shall be provided and maintained in proper working condition by the City at no cost to the employee. 120999 -42 - SOLICITATIONS NO member shall be forced to attend or participate in solicitations for monies, membership or sales by any outside group (charities, insurance companies, religious organizations, etc.) while on duty or at roll call. 120999 CIT~-' record to be purged or when an employee, in writing brings the matter to the attention of the Human Resources Director. An employee may request, in writing, that specific items be added to his/her Personnel file. ~ All citizen complaint files and Internal Affairs investigations will be governed by Florida State Statutes and the Public Record destruction guidelines. Section 5, A 24 hour notice must be given to the bargaining unit member if any person requests a copy or review of the members' personnel file. E-mail to the bargaining unit member shall constitute notice. 120999 Dec 16 99 ll:21a George F. Hachi~ian 12/18/99 TJ'IU 10:2~ F.,,L'( $$1 3?$ 6155 321-385-0188 p.2 Agreed to this day of between the respective parties through representatives of the Union and the City. -70- , 19 by the authorized POLICE LIEUTENANTS F~AT~NAL ORDER OF POLICE Staff Representative Witncs~ ci~Attorne~L/ Ratified by' City Commission Date 120999 FOP~ Ratified by Union Members Date CITY ARTICL~ 47 DURATION OF AGR~NT ~ This agreement shall become effective October 1, 1998 and shall continue in full force and effect up through and including September 30, 2000. This Agreement shall be retroactive to October 1, 1998. 120999 CITY~" L iz MANAGEMENT PACKAG~ £eutenants shall continue to receive the management package While effect. Management has the exclusive right to delete this ~nefit provided it is deleted on a city wide basis. 0999 -67- CHEMICAL TESTING ~ Drug and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retesting will be as set forth in Florida Statues, Florida Administrative Code and the City's Drug Free Workplace Policy. 120999 TEMPORARY ASSIGN~RNT ~.GE~LQ~_~=~ Lieutenants acting in the capacity of Senior Staff Officer shall be paid five percent (5%) above the Lieutenant's regular rate of pay during the time assigned as Senior Staff Officer. ~_~ The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. 120999 SAVINGS CLAU$~ SectiQn 1. If any Article or section of thi~ Agreement should be determined by a couru of competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or judicial decision, a'll other Articles and sections of this Agreement shall remain in full force and effect with it being presumed to be the intent of the parties that the invalid language be stricken. Section 2. In the event of such a determination, the parties shall meet within thirty (30) days for the purpose of negotiating a substitute provision. Section 3. There is no past practice regarding wages, benefits or conditions of employment that is binding on the parties except as set forth in this collective bargaining agreement. Neither the City's Civil Service Rules and Regulations, nor the City's Personnel Policy Manual have application to collective bargaining unit members. 120999 -64- Section 1. Ail bargaining unit members are eligible for appointment to the next highest rank in the department. Criteria for evaluation and appoinsment shall be established by the Police Chief with the assistance of the Human Resources Department. All promotional opportunities will be posted for a period of thirty (30) days before closing. 120999 PERSONAL VEHICLE~ Sectio~ 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. 120999 -62 - ARTICLE 40 ENTIRE AGREEMENT The parties agree that this Agreement constitutes the full and complete understanding of the parties. This agreement can not be changed or altered unless by mutual written agreement. 0999 CIT~ ..... ARTICLE 39 PAST PRACTICES Ail employment practices listed below shall remain in effect: Do E F G H I J Lockers. Locker room shower, gym. Shoes every six (6) months. Provide weapons, equipment, gear appropriate assignment. Bullet proof vests. Jackets, raincoat, boots. Desk space, office supplies. Approved and required travel expenses. Use of City vehicles for court when available. Three (3) complete uniforms per year, as needed. -61- to 120999 CIT~~ appeal shall be filed in writing within ten (10) days of notice of the suspension without pay. The City Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days of the appeal. The City Manager's decision may be to either sustain, reverse, or modify the discipline. In no event shall, the City Manager's decision increase the discipline to more than a suspension without pay of two days. The City Manager may c,)nduct interviews with the grievant, departmental staff, or m,~mbers of the bargaining unit as part of his/her investigation of ti~e discipline. 1 0999 F DISCIPLINARY APPEALS -59- follows: Discipline is classified as either major or minor as MAJOR: Termination Demotion Suspension without pay-more than two (2) days No employee shall be subject to major discipline without first being afforded a pre-determination conference with the City Manager or his/her designee. No pre-determination conference shall be conducted with less than ten (10) calendar days notice to the employee. MINOR Written reprimand Suspension without pay-two (2) days or less Section 2. follows: Appeals of disciplinary action shall be handled as A. Major discipline may be by appeal to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in this Article. The request for appointment of an arbitrator must be made in writing within ten (10) calendar days of notice of disciplinary action. B. 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. C. Written reprimands may not be appealed but the employee may submit a written response to a written reprimand 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. D. Suspensmons without pay of two (2) days or less may be appealed to the City Manager whose decision shall be final. An 120999 F CI ~--~- ' ~_.. -58- e~ent of a court action by the City, the grievance/arbitration p~oceeding shall be abated until the conclusion of the court proceeding. ~, The arbitrator shall conduct the arbitration hearing n? less than thirty (30) days nor more than ninety (90) days from the date of appointment. S~ f~ ~ctiQ~ 3, In the event a party seeks continuance of an ~bitration hearing once set, the requesting party shall pay any ~e charged by the arbitrator for resetting the hearing. The arbitrator's decision shall be confined to the si;atement of the grievance set forth in the written grievance form together with any defenses raised by the City at any step of the grievance procedure. The arbitrator shall have no authority t© change, amend, add to, subtract from, or otherwise alter or slLpplement this agreement or any part thereof in order to resolve a grievance. The arbitrator may not issue declaratory opinions and stLall confine himself/herself exclusively to the issues presented, wt~ich must be actual and existing. S~/~_~_~ The arbitrator shall render a written decision within thirty (30) days of the close of the arbitration hearing or slLbmission of post hearing briefs, whichever occurs last. 120999 -57- an arbisra5or. The grievant's request for the appointment of an arbitrator must be made within ten (10) days of the date of the City Manager's disposition 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. Step 7. The City and the Union have agreed to establish a panel of arbitrators, consisting of six (6) members, three of which will be selected by the Union and three of which will be selected by the City, who will be selected to-serve on a rosating basis. The grievant's request shall commence with a written request for arbitration to the City. Following appointment of an arbitrator, Arbitration shall proceed as set forth in this Article. If a panel has not been agreed to by City and union, the grievant's request shall commence with a written request to the Federal Mediation and Conciliation Servlce to submit a list of names of five (5) arbitrators. Bot~ parties will alternatively strike one name until an arbitrator zs agreed to. Following appointment of an arbitrator, arbitration shall proceed as set forth in this Article. ARBITRATION Section i, 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 co~encement of an arbitration hearing on the grievance itself. If the Cit~ 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 no event may the City seek a determination of arbitrability by both the arbitrator and the Circuit Court. In the 120999 -56- reference to the Article and Section of the Agreement in dispute, set forth detailed facts explaining how the Article and Section has been misapplied by the City, and state the relief sought 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. Step 2. The immediate supervisor shall review the grievance and make a written recommendation for disposition of the grievance to the Police Chief within ten (10) days of receipt of the grievance. Step 3. The Police Chief shall review the grievance and render a written decision within ten (10) days of receipt of the recommendation from the immediate supervisor. The Police Chief may require members of the Bargaining Unit to submit to questioning as part of hid review of the grievance. Step 4. 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. Step 5. The City Manager shall review the grievance and render a written decision within ten (10) days of the s~bmission of the grievance to him/her. The City Manager may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 6. In the event the employee is not satisfied of 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 GRIEVANCE AND ARBITRATION PROCEDURES GRIEVANCE PROCEDURES interpretation Agreement. A grievance is defined as a dispute involving the or application of the Collective Bargaining ~ A dispute over disciplinary action is not a grievance, but shall be referred no as an appeal of disciplinary action. The process for handling appeals of disciplinary action are set forth in this Article. ~ 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 limit~. set forth below will be considered abandoned. Any grievance noth 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 1'=, the Police Chief must respond by January 21'= If the Police Chief responds to the Grievant on January the 3r~, 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 21'=, the Grievant has ten (10) days from January 2~= to request appointment of an arbitrator. Section 4. 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 t'he following manner: 120999 Step 1. the City within ten Section 4 above. A grievance must be filed on a form approved by (10) calendar days as set forth in The grievance must make specific CIT~"'