R01-288RESOLUTION R01- ~! ~5
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLOR1DA, RATIFYING
THE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND THE POLICE
BENEVOLENT ASSOCIATION FOR THE PERIOD OF
OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2004,
AND AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE THE AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and the Police Benevolent Association
?BA) have successfully concluded negotiations for a three year contract; and
and
WltEREAS, the Agreement was ratified by the Bargaimng Unit of the Union;
WltEREAS, 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 Agreement and
execute the same; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby ratify the Agreement between the City of Boymon Beach and the Police
Benevolent Association (PBA) for the period of October 1, 2001 through September 30,
~004, and authorizing and directing the Mayor and City Clerk to execute the Agreement,
a copy of said agreement being attached hereto as Exhibit "A".
Section 2. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this (~ daYof November , 2001.
CITY OF.~OYNTgN,BE~fiH, FLORIDA
~l///ii~ ......
M~h.- /
Cq~missioner
~er~'~ ~
ATTEST:
2001-2004
AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
ARTICLE
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TABLE OF CONTENTS
Preamble
Recognition
Non-Discrimination
Dues Deduction
Union Business
Bulletin Board
Eligibility for Promotion
Vacancies
Management Rights
Ad'cisory Committee
Hours of Work and Overt/me
Wages
Seniority
Additional Monetary Benefits
Uniforms
Medical Expenses
Group Insurance
Leaves
Holidays
Funeral Expenses
Equipment Maintenance & Safety
Training
Career Path Program
Personnel Records
Legal Action
Grievance Procedure
Discipline Appeals
Rights of Law Enforcement Officers
Under Investigation
Discipline and Discharge
Past Practices
Personal Vehicles
Department Polices, Rules & Regulations
Posting
Complete Agreement and Waiver Clause
Severablity
Duration Signature Page
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ARTICLE 1
PREAMBLE
This Agreement is entered into bythe 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,
ARTICLE 2
RECOGNITION
2
The City hereby recognizes the Union as exclusive bargaining agent for the propose of presenting
proposals relative to salaries and other conditions of employment for the bargaining trait consisting
of all full time sworn police officers within the following job classification: Police Officer and
Pohce Detective, or as modified by PERC. The term 'huember" or "employee" will mean any
member in the bargaining umt.
Effective October 1,2001, the City will no longer fill vacant Detective positions. All bargaining mt
members who hold the position of Detective at time of ratification of this Agreement shall continue
to serve as Detectives until:
Ao
B.
C.
D.
The member is promoted, or
The member resigns from the position, or
The member is demoted, for cause, or
The member ~etires.
ARTICLE 3
NON-DISCRtlViINATION
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 m any official capacity on
behalfofthe Union. The Union shall not discriminate agaiust any hatgaming 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 inchiding termination. Discriminatory conduct
means any communication, verbal or non-verbal, which is unwelcome, objectionable, or not
acceptable, desired, or solicited and relates to race, sex, color, religion, national origin, handicap,
familial status, sexual orientation, age, or marital status.
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 amember 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 amotmt of deductions shall be remitted each month by the City m
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.
ARTICLE 5
UNION BUSINESS
Section 1. Union representatives will be granted paid leave to engage in representation activities
on behalf of the Union or any member as follows:
A. Engaging in collective bargaining with the representatives of the CITY.
B.' Processing of grievances.
C. Accompany a fellow employee when:
1. The employee is required to appear at a hearing related to a grievance.
2. The employee is presenting or responding to a grievance.
The employee is subject to interrogation in conjunction with an internal
affairs investigation.
4. The employee is attending a pre-determination heating.
The CITY may stop the use of such time off if it interf~es with productivity or manpower needs.
Ho ever, the exerctse of such nght on the CITY S part shall not be arbitrary or capricious, nor shall
it allow the CITY to proceed in a manner which devrives 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.
Section 2.
Section 1.
No employee shall engage in Union business while on duty except as referenced in
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 mamrial.
A notice or item placed on the bulletin board shall bear. on its face, the leg/ble designation of the
person responsible for placing of this notice or item on the bulletin board.
7
ARTICLE 7
ELIGIBILITY FOR PROMOTION
All bargaining unit members who have served for three years as a sworn law enforcement
officer in the City of Boynton Beach are eligible for testing for promotion to the position of
Sergeant.
ARTICLE 8
VACANCIES
Section 1. Consistent with the City's recrdtment and selection policy (PPM Chapter 06), vacant
positions shall be filled in the best interest of the City through recruitment and selection of
employees on the basis of their qualifications and relative knowledge, abilities, and skills.
Section 2. When a position in the bargaining unit is filled by h/ring a candidate with law
enforcement experience bom another agency, the candidate may be credited with one year for every
two ye, ars of taw enforcement experience andmay be hired at a base annual rate of pay not to exceed
$38,800 in year one, $40,158 in year two, and $41,563 in year three. This provision may be applied
retroactively to members hired within the past twenty-four (24) months (from date of ratification), at
the discretion of the Police Chief.
ARTICLE 9
MANAGEMENT RIGHTS
9
Section I. 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:
A. To establish procedures to hire, promote, and lay off employees.
B. Discharge and suspend employees for cause.
/ransfer 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.
E. Assign and reassign employees.
F. Schedule and change the work to be performed by employees.
Formulate, implement and change Departmental policy, roles, regulations, and
directives which are not in conflict with the specific provisions of this Agreement.
H. Introduce new services, procedures, materials, facihties 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 o~ 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 to or not provided to
eInployees.
K. Add to or change the qualifications necessary for any job classification.
Create, alter or disband any Departmemal unit or transfer members based upon the
needs of the department as determined by the Chief.
The City is a Drag 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
l0
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 Drag 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 nor specifically relinquished by the City in this Agreement shall remain w/th the City.
Section 2. In the event of any change over which the City may have an obligation to
bargain concerning an impact of the change, the change may be implemented prior to resolution of
the impact bargainmg.
ARTICLE 10
ADVISORY COMMITTEE
Section 1. By mutual agreement between the City and the Union, they may establish ajoint
committee. The Union membership shall consist of persons fi.om within the position classification
covered by this Agreement, and members designated by the Chief of Police shall consist ofpersuns
within the Department, but outside the bargaining unit.
Section 2. This cornrmttee may meet as needed bymutual consent, and meetings may be held
between the hours of 8;00 A.M. and 5:00 P.M., Monday through Friday or at another mutually
agreeable time. If a meeting is held during working hours of an employee participant, said
participant may be excused without 10ss of pay for that purpose. Attendance for a meeting outside of
regular working hours shall not be deemed as time worked and participants will not receive
additional pay or leave benefits.
Section 3. Attendance by other than members of the Union and City Administrative Officers will
be by agreement ora majority of the members of the Committee and shall first receive the approval
of the Chief of Police.
ARTICLE 11
HOURS OF WORK
AND OVERTIME
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Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day
work cycle. The work cycle per bargaining members assigned to 8 hour shifts is a 7 day work cycle.
For the purpose of calculating overtime, bargainmg unit members assigned to the 11.5 hour shift will
be paid overtime for all hours worked in excess of 170 hours in a 28 day work cycle. For the
purpose of calculating overtime, bargaining unit members assigned to the 8 hour shift will be paid
overtime for all hours worked in excess of 40 hours in a 7 day work cycle.
For purposes of calculating overtime, only hours actually worked, hours taken for authorized leave
for training or'school, and-vacation leave shall be counted as hours worked.
Overtime pay, when so granted, will normally be contained in the member's next regular pay check
following the time worked.
Employees who are in a duty stares seven (7) or fewer minutes either prior to or after their shift will
not be eligible for overtime pa3;. Employees who are in a duty status eight (8) or more minutes either
prior to or after their skift must be so only with the Supervisor's approval in order to be eligible for
overtime pay.
Section 2. Pursuant to Article 9, Section ID., 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 not be changed without the City providing thirty (30) days advanced notice to
the Union of the change.
Section -3. No member of the Bargaining Unit shall be required or allowed to work more than
sixteen (16) continuous hours except during a declared emergency or during an ongoing immediate
investigation. Members oftbe 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.
ARTICLE 12
WAGES
2.3
Section 1. Base Wage Adjustments
BARGAINING UNIT MEMBERS HIRED PRIOR TO 10/1/00
Year One (October 1, 2001- September 30, 2002):
The City has tmnsitioned to a performance based compensation system. The procedures for
conducting annual performance evaluations for all police department personnel is set forth in the
Police Department Written Directives, Index Code 700.
Effective the first pay period following October 1,2001, each bargaining unit member hired
prior to 10/1/00 will have his/her base wage adjusted to the amount shown by their name in Column
9 of Exhibit "A" if the employee has received a score of 2.91 or higher on their most recent
performance evaluation.
A member who receives an evaluation score of less than 2.91 shall have a counseling
session with supervisory personnel and be provided with performance goals. The member will be re-
evaluated ninety (90) days following the counseling session. Ifa2.91 or higher evaluation score is
received, the member will receive a wage adjustment to the amount shown by their name in column
9 of Exhibit "A" effective the first pay period following the re-evaluation. A member who does not
achieve a score of 2.91 rating on re-evaluation, is subject to a non-disciplinary performance based
termination.
Year Two (October 1, 2002- September 30, 2003):
Effective the first pay period following October 1, 2002, each bargaining unit member hired
on or before 10/1/00 will have their base wage adjusted by adding to theirbase salary a percentage of
the amount shown in Column 8 on Exhibit "A", based on their most recent performance evaluation
as follows:
Outstanding
Exceeds Expectations
Meets Expectations
Below "Meets Expectations"
100%
9O%
80%
0%, subject to 90 day re-evaluation rule stated above.
Year Three (October 1, 2003- September 30, 2004):
Effective the first payperiod following October 1,2003, eachbargam'mg unit member hired
on or after 10/1/00 willhave their base wage adjusted by adding to their base salary a percentage of
the mount shown in Column 8 based on their most recent performance evaluation as follows:
Outstanding
Exceeds Expectations
Meets Expectations
Below "Meets Expectations"
1 OO%
9O%
80%
0%, subject to 90 dayre-evaluation rute stated above.
BARGAINING UNIT MEMBERS HIRED ON OR AFTER 10/1/00
Barga'ming unit employees hired on or after 10/1/00 shall not progress in base pay in the same
manner as bargaining un/t members hired prior to 10/1/00. Bargaining unit employees hired on or
after 10/1/00 shall advance in base pay through the progressions as follows, provided the member
receives a performance evaluation of''Meets Expectations" or better:
PROGRESSION
$34.000
PROGRESSION
$35,530
PROGRESSION PROGRESSION
$37,129 $38,800
A member hired on or after 10/1/00 with a base salary of less than $34,000 will move to $34,000
effective 10/1/01. A member hired on or after 10/1/00 with a base salary of more than $34,000 will
move to $35,530 on 10/1/01. On 10/1/02 and 10/1/03 members will move up one progression from
their 10/1/01 base pay.
Section 2. STARTING AND TOP OUT PAY
The starting salary for a new hire police officer during the term of agreement is as follows:
10/1/01-9/30/02 10/1/02-9/30/03 10/1/03-9/30/04
$34,000 $35,190 $36,422
New hires will thereafter progress in base salary following the progressions stated above. Example:
an employee hired on 12/1/01 will be hired at $34,000, will receive an increase on 10/1/02 to
$35,530, on 10/1/03 to $37,129, and thereafter as subsequently negotiated by the parties.
The top out pay (maximum base annual salary) for police officers during the term of this agreement
is as follows:
I 10/1/01-9/30/02 t 10/1/02-9/30/03 I 10/1/03-9/30/04
3.5
$53.529 I $55,900 I $59,000
No member shall receive an adjustmem to base salary in excess of top out pay. Payment over
base shall be lump sum and may be treated as wages for pension calculation purposes when approved
by the Pension Board.
Section 3. Shift Assignment Pay
Each member assigned to the I1 ½ hour shift, who works that shift, will be paid an
additional 8.5% of base.
Section 4. Special Assignments Pay.
A. Traffic Division: Members assigned to the Traffic Division who are required to ride a
motorcycle shall be compensated an additional 5% for hazardous duty during said assignment.
B. Vice Members: Those members who are assigned to vice shall be compensated an
additional 5% for hazardous duty during said assi~ment.
C. Investigators: Those members who are assigned to the position ofinvastigator shall
be compensated an additional 5% during said assignment.
D. SRT (Special Response Team): Those members who have successfully completed
testing and are selected as a member of the Police Department 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 overt/me for
K-9 care, equipment maintenance and vehicle cleaning for each RDO, vacation day where the dogis
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, equipmem 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 completed
successfully the required 40-hour training shall be compensated an additional five (5%) during the
assignment.
G. Directed Patrol Unit (DPU). Those members who are assigned to the Directed Patrol
Unit shall receive an additional five (5%) during the assignment.
ARTICLE 13
SENIORITY
Section 1. The City agrees that seniority shall consist of continuous accumulated paid service
with the Boymon 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 absance.
Section 2. The City agrees that seniority shall.govern the following matters:
A. Filling temporary vacancies. See Article 14, Section 3.
B. Layoffs will be in reverse order of seniority.
C. Selection of day or night skirt and starting time.
D. Any special event (Holiday Parade, GALA, July 4th, or any other event) shall be offered
through a rotating list of Police Officers based upon department seniority. This section does not
apply to special details.
Section 3. Assignments to platoons, divisions, and units, ~s a management right. Senioritywill
be g~ven great weight in the selection process, after qualifications and balance of personnel are
considered. Seniority may not in all cases be a prevailing qualification or the sole basis for the
selection. The decision may be reviewed upon request by the Chief of Police who has the final
decision.
Section 4. In the event of a declared emergency alternate shifts or work schedules may be
adopted by the Chief of Police as needed.
ARTICLE 14
ADDITIONAL MONETARY BENEFITS
Section 1. Compensatory Time
Members of the Bargaining Unit shall have the option of accumulating a maximum of eighty (80)
hours, per fiscal year, of compensatory time at time and one half. A bargaining unit member who is
promoted to a position outside the bargaining unit, or who retires, or who is terminated, will be paid
thebalance of all unused compensator)' time. Compensatory time earned and accumulated shall be
paid off totally in September of the fiscal year if not utilized by the endof the month of August.
Compensatory time accumulated will be taken within the scheduling needs of the Department.
Section 2. Special Detail Assignment
All Bargaining Unit Members assigned to cover special details may report directly to .their
assignment without prior checking in or om 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.
Section 3. 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 supervisors discretion the officer may be required to work the entire three
hours or longer. When an officer is called for call back his/her supervisor will indicate as to whether
or not he/she should arrive in uniform or in plain clothes, if the option is available.
Call back shall be handled as follows:
Step 1 Vacancies filled with the off-goi~,g shift platoon by semority.
Step 2 Vacancies filled by other platoon that works the same sh/ft but is regular day off
Step 3 Vacancies filledbyotherplatoonthatworkstheoppositeshift(e.g, vacancyonA. 1 is
offered to B.4, 5, 6). Variance to Step 3-the first day back on the shift will make the opposite
shifts ineligible to work. This occurs on Monday, Wednesday and Friday.
Step 4 All patrol officers not previously covered by seniority
Step 5 Vacancies will be offered to Detectives
Step 6 Ordered in by reverse seniority
The 16 hour maximum hours worked rule applies to all call,back.
Section 4. Court Time
A. Court time will be paid at time and one-half when the officer is not on his regular
assignment. An officer on court time will be compensated a minimum of three (3) hours at time and
one-half.
B. An employee who has been instructed to remain on standby for court appearance purposes
during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour
on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum
payment of one (1) hour straight time shall be paid for all standby assignments. When an employee
is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1)
additional hour at straight time. If an officer does go to court he will be paid for the court time
indicated in Section A and not receive standby time pay.
C. Bargaining unit members may report directly to court without prior check in at the police
station. Members are still required to document their attendance at the court house and submit
documentation to the Department.
Section 5. On Call
Any bargaining unit member who is on an "on-call" (on-pager) basis other than court time as
outlined in Article 14, Section 4 shall receive compensation of one hour of pay at time and one half
for each day (24 hour period) on call. No member will be placed "on-call" without the approval ora
division commander, Bureau commander, or designated representative.
Section 6. Schedule
The City will establish the hours of work best suited to meet the operational and fiscal needs of the
Department. Any officer who accepts and participates in a shift swap will follow- the proper
protocol. Iftheofficer is sick andcannotmeet his/her obligationto workthe shift, they are permitted
to fred 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 (61} month suspension from shift swaps, and the third
sick call could force the member to be permanently disqualified from stfift swaps. The member
calling in sick will not be penalized if they provide a legitimate excuse or provide documentation of
being sick.
Section 7. Shift Changes - Employer
An officer will be given adequate advance notice as determined by the Chief of any change in his/her
regular hours of work except when an cnnergency exists. Notice given less than forty-eight (48)
hours before any changed schedule (assignment days or days off) is to take effect, entitles the officer
to receive compensation at the rate of one and one-half(1.5) times his/her regular salary for the first
day of his/her tour of duty.
Section 8.
The City agrees that any member required to be out of Palm Beach County to attend court, seminars,
or for any other reason as a result of his/her duties as a police officer, except if the officer is
exclusively the plaintiff in a personal civil action, will be paid his/her regular rote of pay for each day
or partial day required for said purposes. There will be no regular or overtime compensation.
2O
ARTICLE 15
UNIFORMS
Section 1. The City will provide up to three (3) full uniforms per year and shoes every six (6)
months on an as-need basis. The City will supply replacements for the parts of the uniform when
replacement is appropriate, as determined by the Chief, and if adequate fimds are available in the
City Budget. The Detectives and other members of the bargaining an/t assigned to plain clothes duty
will receive, in lieu of uniforms, a total orS1,000.00 a fiscal year, paid in $250 installments at the
end of each quarter and pro-rated as appropriate.
Section 2. Reimbursement, replacement or repair of personal clotiffng and eqmpment will be
according to current department policies and procedures. The replacement will require the approval
of the CiffefofPoliee. The Detective or Uniformed Officer claiming a replacement will be required
to include, with Iffs/her claim, art explanation of the circumstances of the damage and appropriate
repons concerning the incident where damage to his uniform took place. Tiffs allowance shall
commence from the date of assigrmaent on a pro-rated basis. Un/formed Officers assigned to plain
clothes duty formore than three (3) months at a time will receive clothing allowance in accord with
the above for the three (3) months and pro-rated thereafter.
Section 3. The City will bear,the cost of cleaning ten (10) issued un/form pieces per week for the
contract year. The City shallnotify those employees that are eligible, to take their uniforms only to
the approved dry cleaning establishment in Boynton Beach selected by the City. Detectives ~nd
other members assigned to ph.~ clothes will be given a cash cleaning supplement equivalent to that
given the uniform of:fleer: Tiffs 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.
ARTICLE 16
21
MEDICAL EXPENSES
Section 1. Members will receive and shall be obliged to take annual electrocardiogram and
physical examination performed by an agency or doctor to he approved by the City. Scheduling will
be at the discretion of the Department, and the results will become part of the employee's record. The
City will pay the cost of this examination only.
Section 2. Begirming at age 30 and when recommended by a City physician, a member will
undergo and 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.
Section 3. The City shall provide an immunization schedule during the life of this Agreement for
any member who wants to be immunized for Hepatitis-Type B It is incumbent upon the bargaining
unit member to notify the Department should they desire said immunization. Said immunization
shall be administered by qualified personnel.
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ARTICLE 17
GROUP INSURANCE
Section 1. Medical Insurance
The City shall pay the total medical, hospitalization, and dental insurance premmm for all regular
employees. The employees will pay the full cost of medical, hospitalization and dental insurance for
their dependents. Existing or comparable coverage shall remain in effect for the duration of this
Agreement; however in the event the City can provide for alternative equivalent benefits options for
employees then the health insurance coverage for the employee and,their dependents may be
amended from time to. time. In this connection, should the employees' cost to provide dependent
coverage for their dependents increase more than 15 % during anyfiscal year, the City agrees to open
this Article for the purpose ofimpact bargaining. The review and selection ofinsurance coverage
shall be made on:an annual basis by the cit,y, T0 that end, the City will form an insurance advisory
committee to be comprised of an equal number Of non-represented members who are appointed by
the City Manager and two members from .each of the city's barg~g Units. Bargaining unit
representatives shall be desigroted by the union, The final decision regarding selection 0fcoverage
is reserved to the City, 'but the City shall strongly cons/der input and recommendations from the
insurance advisory, committee.
Section 2. Life Insurance
Members of the bargaining unit shall be covered by $25,000 of group life insurance with the
premium paid bythe City.
Section 3. Dental Insurance
A group dental insurance program will be provided by the City and the City will pay the premium for
employees and $7.00 per month of the premium for family coverage.
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ARTICLE 18
LEAVES
Section 1. Annual Leave - Vacation
Personnel in the bargaining trait h/red after January 1, 1992 will be covered by City of
Boynton Beach Personnel Policy Manual for all issues relative to annual leave, provided that
they shall receive 80 hours in year 1..
All employees hired prior to January I, 1992 will follow the following vacation schedule:
Years of Service
Vacation Hours
year 96_
years 120
years 120
years 128
years 136
,ears 144
years t52
years 160
years 168
10 years 176
11 years 176
12 years 1'76
13 years 176
14 years 176
t5 years 176
i6 years 192
I7 years 192
18 years 192
19 years 192
20 years 192
21 years & after 200
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 twenty-four (24) hours advance notice or less. All other requests
submitted under 30 days shall be on a first come first serve basis regardless of seniority.
c. Request for emergency vacation leave will considered individually by the Chief
24
Section 2. Sick 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 ehgible to receive one bonus day for continuous attendance at
work at the completion o f each calandar 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 recognizedin this docUment, Bonus days shall be counted as vacation
leave and subject to the proVisions set forth for use of vaCatiOn.
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 timepayment 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 foe fiscal year 1994-97~ and~ ~all be subject to the collective bargaimng process
for subsequent fiscal years.
c. Sharing Sick Leave
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 number of vacation 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
conlxibute sick leave hours, confin'n through the Finance Department that the hours
are available and submit the list, accompanied by appropriate Personnel Action
Form, to the Human Resource 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.
25
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 opporttmity to explain the sick days taken.
When a member is placed on restricted sick leave, the member will be notified in writing of
that fact. A unit member placed on restricted sick leave shall be re-evaluated in six months.
If not re-evaluated within ten working days after the six month period the unit member will
be removed fi'om 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 flint month of the calendar year.
Section 3. Personal Time
A total of three (3) shifts 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 m year and in no way should be a basis of termination pay. No request for personal
leave will be denied without a reasonable justification. Personal time is to be used in the
same manner as vacation.
Employees may request a one-half shift increment of personal time, which will be given at
roll-call only, by seniority.
Section 4. Bereavement Days
Compassionate 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.
2~
ARTICLE 19
HOLIDAYS
Section 1. Holidays will be as follows:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksbnving
Christmas Eve
Clmstmas Day
Section 2. Holiday pay will be at 1.5 times regular pay for all members of the bargaining unit
whether or not the holiday is worked.
Section 3. Holiday Conversion
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 holidayhours added as a lump sum m
their accrued vacation balance, (i.e. 110 hours for 4/10 employees and 88 hours for 5/8
employees and 126.5 hours for 3-4/11.5).
Members who sign up for this section must do so between October 1st and October 31 st of
each contract year with the Secretary of the Depamnent.
Members exercising this option for conversion will be paid only straight time for the hours
worked on the holiday.
Members exercising this option may use a vacation day instead of working the holiday. The
vacation hours will be paid at straight time.
Members not assigned to work on the holiday will receive 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.
27
ARTICLE 20
FUNERAL EXPENSES
Section 1. The City will make a payment of up to $5,000 to the beneficiary of bargaining tmlt
employees killed in the line of duty.
Section 2. All employees shall, on a form to be supplied by the Chief of Police or his authorized
representative, designate by name and address, the individual to whom such funds are to be paid.
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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 responsibihty 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 te the attention of the immediate Supervisor who
will make ajudgment concerning *he need for immediate repair prior to use. If the Bargaining Urdt
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 willbe 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.
29
ARTICLE 22
TRAINING
Section 1
All training required of the officer by the Police Department when off duty will be compensated at
time and one half, except for training or travel activities that are off site and considered to be
seminars, conferences, and special programs where expenses incurred are pa/d for by the City as
provided for by resolution.
Section 2. 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 qua 'li~. in three attempts, they will be required to quarry on their own time and
expense to remain ehgible for employment as law enforcement officers.
Section 3. College Tuition Reimbursement
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 and 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 universityprogram must be initially approved by the City Manager and must
be a part of a program leading to an acceptable Associates, Bachelor or Master degree with a
curriculum directly related to the Police profession.
The Chief will make a recommendation to the City Manager who will have final approval
for the courses, degree program and payment.
The City shall pay tuition and books reimbursement even if a course is not part of a program
leading to a degree providing that the course is j ob related and approved by the City Manager
prior to registration of said course.
Section 4.
The City shall provide reimbursement for authorized expenses associated with training and special
schools attended by the officer through approvaI of the Department.
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ARTICLE 23
CAREER PATH PROGRAM
The purpose of this program as 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 propose and is voluntary in
nature:
A. Recogafize 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 1II, II, and I shall be as follows:
A. Skill Level Three (m)
(1) Time in grade: new employee to five (5) years continuous service.
B. Skill Level Two (11)
(1) Time in grade: 5- 10 years continuous service
(2) Education Requirement (job related): 160 hours - Career Incentives or
Training Courses
(3) Average or above average performance evaluation for the past two (2) years.
(4) Incentive pay increase -2%
Skill Level One (D
(1) Time in grade: 10 plus years continuous service
(2) Educational Requirement: 400 hours - Career Incentives or Training Courses.
(3) Average or above average performance evaluation for the past two (2) years.
Co
32
(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 wilt career path
pay increases received under this program be considered in establishing their new rote of pay.
33
ARTICLE 24
PERSONNEL RECORDS
Section 1. Consistent with State law, the City agrees that upon request, a member shall have the
right to inspect his or her own personnel records whenever or however kept. The member shall have
the right to make duplicate copies of iris 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.
Section 2. A personnel file for all City employees is maintained by the City Human Resource
Department.
Section 3.
Statutes.
Internal affairs mvesugatory files will be maintained in accordance with Fl. State
34
ARTICLE 25
LEGAL ACTION
Section 1. In accordance with Florida Statutes. the Citywill provide legal defense for amember
against any civil damage suits wherein said member is a named party and wherein the alleged
damages were allegedly caused by the actions of said member while acting within the scope of
his/her authority and within the course of his employment.
Section 2_, The City will indemnify all members against judgments for compensatory damages
entered against them as a result of their actions to the extent that the City is found liable for such
actions.
Section 3.
Article.
The City will select the Attorney who is to defend the employee relative to tiffs
Section 4. The employee will be responsible for filing any counterclaims at his/her expense.
35
ARTICLE 26
GRIEVANCE PROCEDURES
Section 1. A grievance is defmed as a dispute involving the imerpretafion or application of the
Collective Bargaimng Agreement.
Section 2. A dispme 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 ~)f this Agreement.
Section 3. The parties are committed to resolving grievances in a timely fashion. Accordingly,
any grievance not submitted or advanced bythe grieving party in accordance with the time limits set
forth below will be considered abandoned. Any grievance not answered by the Citywithin thetime
limits set forth below will automatically advance te the next step of the grievance procedure.
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 the following manner:
Step 1. 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 how the Article and
Section has been misapplied by the City, and state the relief sought by
the gfievant. The grievance form shall be filed with the grievant's
Major. In the case of a class grievance filed by the Union, the
grievance form shall be filed with the Police Chiefi
Step 2. The Major shall rewew the grievance and make a written recommendation for
disposition of the grievance to the Police Chief within ten (I 0) days of receipt
of the grievance.
Step 3. The police Chief shail review the grievance and render a written decision within ten
(10) days of his receipt of the grievance. The Police Chief may require
members of the Bargaimng Unit to submit to questioning as part of his
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 bemade within ten (10)
days of the date of the Chiefs disposition or the expiration of the time period
for the Chief's disposition in the event the Chief does not render a decisiom
Step 5. The City Manager shall review the grievance and render a written decision within
twenty (20) days of receipt of the grievance.. The City Manager mayreqmre
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 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 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 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
Section 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. Ifarbitrabilityis 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. Ir'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 fi.om 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.
Section 2~ The arbitrator shall conduct the arbitration heating no less than thirty (30) days nor
more than ninety (90) days from the date of appointment.
Section 3. 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 heating.
Section 4. The arbitrator's decision shall be confined to the statement 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 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
37
issues presented, which must be actual and existing.
Section 5. 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 last. The arbitrator*s
decision shall be fmal and binding on all parties.
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ARTICLE 27
DISCIPLINARy APPEALS
Section 1. 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 fn'st being afforded a pre-
determination conference with the City Manager. No pre-determination conference shall be
conducted with less than ten (10) calendar days notice to the employee.
MINOR:
Written reprimand
Suspension withoul pay one (1) day or less
Section 2. Appeals of disciplinary action shall be handled as follows:
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.
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.
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. Ifa written response is submitted by the employee, it shall be attached to
the written reprimand and placed in the employee's personnel file.
Suspensions without pay of one (1) day cr Ica: may be appealed to the Human
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 ofthe appeal. The Human Resource Manager's decision 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 ofone day. The Human Resource Manager may conduct interviews with
the grievant, deparm~ental staff, or members of the bargaining unit as part of his/her
investigation of the discipline,
39
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. The Un/on may post a copy of the Law
Enforcement Officers Bill of Rights on the bulletin boards referenced in Article 6. In the event of
any conflict between the rights of a member under the Bill of Rights and this Agreement or any city
or departmental policy or procedure, the rights afforded under the Law Enforcement Officers Bill of
Rights shall prevail.
40
ARTICLE 29
DISCIPLINE AND DISCHARGE
Section 1. 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.
Section 2. Employees shall have the opportunity to appeal disciplinary action in the manner set
forth in Article 27 of this Agreement.
Section 3. The parties recognize that timehness o f discipl/nary action is an essential elemem of
due process. Accordingly, no employee shall be subjected to disciplinary action unless a final
disciplinary recommendation is made bythe Police Chief with/n fourteen (14) days of the Chief's
determination of the conclusion of an investigation.
Section 4. 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-detennination conference with
the City Manager.
ARTICLE 30
PAST PR.ACTICES
All employment practices listed below shall.remain in effect:
B.
C.
D.
E.
F.
G.
H.
[.
Lockers
Locker room shower, gym
Shoes every six (6) months.
Provide weapons, equipment, gear appropriate to asmgnment.
Bullet proof vests.
Jackets, raincoat, boots.
Desk space, office supplies.
Approved and required travel expenses.
Use of City vehicles for court when available.
,il
42
ARTICLE 31
PERSONAL VEHICLES
Section 1. When an employee is required to use his/her personal vehicle in the performance of
police duties, said employee shall be reimbursed a mileage rate as established by City resolution,
excluding mileage traveled to and f~om the normal work location.
Section 2. For the purpose of this Article, the performance of police duties shall include
attandrance at court, depositions~ administrative hearings, conferences with City officials, schools and
seminars.
ARTICLE 32
DEPARTMENTAL POLICIES, RULES AND REGULATIONS
Section 1. It is agreed and tmderstood that the Police Deparunent 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 roles and
specified provisions of this Agrec~ment, the Agreement shall control.
Section 2. In the event the City amends or revises an existing rule or implements anynew role, it
shall give ten (10) days noti6e to the Un/on.
ARTICLE 33
POSTING
Vacancies in positions or assignments will be posted in-house no less than thirty (30) days before the
application deadline for the position or assignment is closed.
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
Ci.ty's Personnel Police Manual and noI under any Civil Service Rule/Regulation and heretofore in
existence.
ARTICLE 35
SEVERABILITY
Section 1. If any provision of this Agreement is found to be invalid by any courts having
jurisdiction in respect thereof, such findings shall not affect the remainder of this Agreement, and all
other terms and provisions shall continue in full force and effect.
Section 2. In the event of such finding the parties will meet within thirty (30) days to begin
negotiations of a replacement Article or Section.
EXI-IIBIT A
47
ARTICLE 36
DURATION
This Agreement shall take effect when ratified by the members of the collective bargaining trait and
the City Commission, and shall remain in effect until Sep[ember 30, 2004. The pay for performance
increases provided for in Article 12, Wages shall not continue beyond September 30, 2004, unless
otherwise extended by written agreement of the parties.
Agreed to this ~ day of ~ ,2001, by and between the respective parties
through the authorized represent;iffyes of the Union and the City.
%~ _I Witness/ //--~
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
By:
President
City Manager
Ratified by City Commission
~ ! - (,:, -OI
Date
Ratified by Union
I o-2c.,:, -O \
Date
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