R92-92RESOLUTION NO. R92-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CiTY OF BOYNTON BEACH, FLORIDA,
APPROVING A ONE (1) YEAR UNION CONTRACT
BETWEEN THE CiT~ OF BOYNTON BEACH AND
FRATERNAL ORDER OF POLICE (LIEUTENANTS),
COMMENCING OCTOBER 1~ 1991, AND
~UTHORIZING AND DIRECTING THE' ~AYOR AND
ITY CLERK TO EXECUTE SAID CONTRACT,
ATTACHED ~ERETO AS EXHIBIT "A".
WHEREAS, the City Commission of the .City of Boynton
~ach, Florida, UPon recommendation of staff, deems it to be
n the best interest of the citizens and resi~dents of the
~ity of Boynton Beach to approYe a one (1) year union
:ontract between the City of Boynton Beach and Fraternal
)rder of P~iice, (Lieutenants~ eom~encinq October 1, 1991.
NOW, THEREFORE, BE IT RESOLVED BY ~E ClT~ COMNIS$ION
THE CITY OF BOY~ON BEACh, ~LORIDA THAT:
Section t. The City Commission of the City of
~oynton Beach hereby approves the one (1} year Contract
)etween the City of Boynton Beach and Fraternal Order of
?olice (Lieutenants), commencing October 1, 1991 and
~uth0rizin~ and directing the Mayor and City Clerk to
~xecute said Contract, a copy of which is attached hereto as
Exhibit"A".
Section 2. This Resolution shall take
.mmediately upon passage.
P~SSED AND ADOPTED this ~ day of June, 1992.
effect
%TTEST:
CITY OF BOYNTON BEACH, FLORIDA
Ma/yor
' ~ Mayor
'.oramis sioner
Commiss~er
~i~ Clerk
(Corporate Seal)
FOP.CON(Ltn)
)5/28/92
1991/92 AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
POLICE LIEUTENANTS
FRATERNAL ORDER OF POLICE
PREAMBLE
REOO~ITIO~ ~
"O STRIKE OR LOC~-6~
NUN-DISCRI~I~ATIO.
DUES .DEDUCTION
UNION TIME POOL . .
FOP REPRESENTATION
BULLETIN BOARDS · ·
TABLE OF CONTENTS
WORK AND OVERTIME
AND SHIFT CHANGES
RULEs AN] REGULATION~
EMPLOYMENT
m~o mmITm~TiuN PROCED~m~S'
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PREAMBLE i~
This Agreement is entered into by and between the City
of Boynton Beach, Florida, hereinafter referred to as the
"employer" or the "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 ensure 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.
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ARTICLE 1
RECOGNITION
Section 1. TheClty 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
liqu~enants~i assigned, as the public information officer with the City of
Boynton Beach. Excluded are all other employees of the city.
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ARTICLE 2
NO STRIKE OR LOCK-OUT
Section 1: The Union agrees that during the term of this
contract, it will not call, countenance or encourage any strike as
defined by State law and will not thereby interfer~ with the
efficient management of the City.
Section 2: The City agrees that during the term of this
contract, it will not lock out members of the bargaining unit.
Section 3: The City recognizes the right of the Union to
engage in lawful informational picketing, provided that there shall
be no interference with the fuI1 and unrestricted right of persons
t~ enter and leave City property.
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ARTICLE 3
NON-DISCRIMINATION
Section 1: It is agreed that no employee shall be
discriminated against in their employment because of race, creed,
color, sex~ age, national orig~n, marital status, physical handicap
or membership or non-membership i~the.~Union~
Section2: Any :claim of discrimination :by an employee
under this section maybe,brought withthe appropriate governmental
agency.
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ARTICLE 4
DUES DEDUCTION
Section 1: 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.
= Section 2: The Union will notify the City as to the amount
of dues. Such notification to the City shall be from an official
of the Union. Changes in Union membership dues will be certified
to the City at least thirty (30) days prior to the effective date
of the change.
Section 3: Dues will be deducted each pay period and such
monies shall be remitted to the Union treasurer once per month,
not later than fourteen day after the end of the month.
Section 4: The effective date of deducting dues shall be
the beginning of the pay period following the day the dues
deduction form is signed. The effective date for stopping dues
deduction shall be at the beginning of the pay period thirty (30)
days following the date the revocatio~ form is received by the
-City.
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Section 5: The Union will indemnify and hold harmless the~
City against any claims brought based on payroll dedudtions of dues
as provided in this Article.
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ARTICLE 5
UNION TIME POOL
Section 1: The City shall create a pool of ninety-six (96)
hours for utilization by designated Union representatives for the
conduct of Union business within and outside of the City.
Section 2: In addition, members of the bargaining unit may
donate in two (2) hour increments, and not more than eight (8) per
year of vacation time to the time pool on a form designated by the
City.
Section 3: Union representatives shall be released from
duty upon reasonable notice to the department and approval of the
division or bureau commander. If the needs of the department do
not permit the release of a particular employee as requested, the
release of an alternate member during the desired time shall be
provided.
ARTICLE 6
FOP REPRESENTATION
negotiations shall have any
negotiating or bargaining
The parties shall, at their
a list of bargaining team
Section 1: Neither party in
control over the selection of the
representatives of the other party.
first ~ba, rgaining ~session, exchange
members~,
Section 2: 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 regul~ar tours of duty without any loss of
pay but the time for more than two (2) representatives will be
charged to the union time pool. The City shall not be required t¢
provide overtime to any employee attending negotiations.
Section 3: 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 unit. Stewards on duty shall be permitted reasonable
release time with pay upon approval of the division commander for
the purpose of processing any individual grievance or
employees at investigatory or disciplinary interviews.
Section 4: In acting in their capacity as FOP
representatives within the department and not on behalf of
themselves, employees shall not be obligated to observe the
assisting
Departmental chain of command. A representative may not refer an
issue outside of the department without first presehting it to a
senior staff officer who shall be either a captain or deputy chief.
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.
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:
on bulletin boards for the purposes of posting notices of Union
meetings; notices and results of Union elections; reports of Union
cemmittees; rulings or policies of the Union; recreational and
social affairs of the Union, and notices by public bodies.
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ARTICLE $
INFORMATION REQUESTS
Section 1: The City agrees to
president or his designee, upon request
such as agendas, minutes, financial
Retirement Board, Civil Service Board,
other body of the City whose activities may impact
conditions of employment of bargaining unit members.
o~her records shall be qoverned by Florida Statutes,
furnish to the Union
at City cost, documents
reports, etc., of the
City Commission, and any
on terms and
Access to any
Chapter 119.
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ARTICLE 9
RIGHTS OF LIEUTENANTS UNDER
INVESTIGATION
Section 1: Whenever a lieutenants employed by the City of
Boynton Beach is subject to interrogation by members~ of his agency
for any reason which could lead to disciplinary actioq, demotion
or dismisSal, such interrogation the
following conditions:
A. The interrogation Shall be conducted-at a reasonable
h~ur, preferably at'a time when the lieutenant is on duty, unless
the seriousness of the investigation is of such a degree that
immediate action is warranted.
~ B. The interrogation shall take place in the Boynton Beach
police building.
C. The lieutenant under investigation shall be informed of
the rank, name and command of the officer in charge of the
investigation, the interrogating officer, and all persons present
during the interrogation.
under interrogation shaI1
interrogator at any one (1)
Ail questions directed to the officer
be asked by and through one (1)
time.
D. The lieutenant under investigation
the nature of the investigation prior to any
shall be informed of the names of all complainants. Before any
investigative interview, the lieutenant under investigation may
review the complaint and all written or oral statements made by the
shall be informed of
interrogation and he
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prior to the beginning of the
complainant and witnesses
investigative interview.
E. Interrogating sessions shall be for reasonable periods
and shall be timed to allow for personal necessities and rest
periods.
F.
to offensive language or
or disciplinary action.
inducement to answer any
The lieutenant under investigation shall not be subjected
be threatened with transfer, dismissal,
No promise or reward shall be made as an
questions.
= G. The formal interrogation of a lieutenant, including all
recess periods, shall be recorded and there shall be no unrecorded
questions or statements.
~ H. If the lieutenant under interrogation is under arrest,
or likely to be placed under arrest as a result of the
interrogation, he shall be completely informed of all rights prior
to the commencement of the interrogation.
I. At the request of any lieutenant under investigation, he
shall have the right to be represented by counsel and any other
representative of his choice who shall be present at all times
during such interrogation.
J. An employee shall not be obligated to give a second
general statement concerning the same facts elicited in an original
statement.
taken for
additional
This will not preclude subsequent statements from being
the purpose of clarifying specific points or when
information has come to light in the interim.
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K. No mechanical devices, including, but not limited
polygraphs, psychological stress evaluators, etc., shall be force¢
on an ~mployee,-nor shall_disciplinary action be taken against an
employee who~ref~ses to submit to such testing.
Section 2: All complaints against an employee shall be
concluded either by a finding that the complaint against the
employee is sustained ornot sustained.' -
Section 3: No dismissal, demotion, transfer, rea slgnment,
or other personnel action which might result in the loss of pay or
benefits or which might otherwise be considered a punitive
measure, shall be taken against any lieutenant unless such
lieutenant is notified of the action and the reason or reasons
therefor prior to the effective date of such action.
Section 4: No lieutenant shall be discharged,
disciplined, demoted, denied promotion, transferred, reassigned~--
or otherwise discriminated against in regard to his employment, or
threatened with any such treatment, by reason of his exercise of
the rights granted in this part.
Section 5: The parties agree that discipline for cause is
necessary in order to promote efficiency and improve the quality
of service. No member shall be subjected to derogatory or
demeaning remarks, yelling, or swearing at any time. Bargaining
unit members shall not be disciplined in front of peers,
subordinates or the public.
Section 6: No member shall be compelled to participate in
the investigation of a citizen complaint or complaint from an
outside agency unless the complainant has first sworn to the truth
of the allegations and the complaint is processed in accordance
with the current departmental complaint procedures. An outside
complaint is
someone not
Department.
considered any complaint or allegation initiated by
employed by the City of Boynton Beach Police
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ARTICLE 10
LEGAL BENEFIT
Section 1: 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
employee~-charg~d ink,criminal or civil action~arisin~t of the
course and scope of their employment; provided, however, that the
City shall not be required to pay a judgment when it has been
established by a jury or court that the employee acted willfully,
wantonly or in reckless disregard of the rights of others.
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ARTICLE 11
MANAGEMENT RIGHTS
Section 1. The Union recognizes that the City has the
exclusive right tomanage and direct the Police Department.
Specifically, but not byway of limitation, the City retains
the exclusive right to:
Hire, promote, and lay off employees in accordance
with the City of Boynton Beach Civil Service Rules
and-Regulations.
B. Discharge and suspend employees for cause.
Transfer employees from one location to another,
one shift to another, or one starting time to
another.
Establish and change the starting and quitting
times and the number of hours and shifts to be
worked.
E. Assign and reassign employees.
F. 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.
Mandate physical, medical, and drug testing in
accordance with law.
Je
Determine and change the equipment and materials
provided to or not provided to employees.
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K. Add tQ or change the qualifications necessary for
any job classification.
L. Create, alter or disband special units based upon
the needs of the department as determined by the
Police ~hief. ~.
If the City, fails~to exercise any one or~mere of the above
functions from time to time it shall not be deemeda waiver
of the City's right to exercise any, orJa~l%ofL suc~ functions.
Any~right or privilege of the City not'specifically
relinquished by the City in this Agreeme~t~Shall remain with
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 resolu-
tion of the impact bargaining.
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ARTICLE 12
DISCIPLINE AND DISCHARGE
Section 1. Employees may be disciplined only for just
cause. No employee shall be disciplined without notice of
%he charges setting forth the basis for such discipline.
Section 2. Employees shall have the opportunity to have
said disciplinary action reviewed by the Civil Service
Board or through the grievance arbitration procedure
established in this contract, but not both.
Section 3. 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 Chief of Police within fourteen (14) days of the con-
clusion of the investigation.
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Section 1:
of this Agreement.
ARTICLE 13
SUBCONTRACTING
There shall be no subcontracting for the life
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ARTICLE 14
RATE OF PAY
Section 1. Wages for fiscal year 1991/92 will be paid in accordance with
the 1990/91 Compensation Plan attached to and included as a part of this
contract.
Section 2. Members of the Police Department shall be evaluated annually
under the City's Merit Program. The Merit Program for fiscal year 1991/92
will not have any additional monetary compensation attached to theperfor-
mance rating.
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ON-DUTY INJURIES
~_D__~: Whenan employee is totally disabled from duty
for a period of no more than seven (?) calendar days because of an
injury determined to be compensated under the provisions of the
Worker's Compensation Act, the employee shall be entitl~dto full
regular pay~ If 'tl~e pe~o~ ~f ~iis~bility ~ '~
is greater thah-~even (7)
w' ' ' rec~ive~a sum of
~ ill be ellgIble to
Worker's Compensation check and his/her normal net take home Day.
Section ~: If the period of disability is greater than one
hundred eighty 180 days, the City shall ask the Pension Board to
review said employee's disability case for retirement due t
disability -~
Section ~: After 180 days of disability, the employee
shall be examined by a physician selected and compensated by the
City to determine the likelihood of recovery. If the medical
report indicates a likelihood of recovery, the employee may. receive
up to 180 days additional disability leave with an interim
examination at the conclusion of 270 days disability leave. If the
medical report indicates the employee is permanently and totally
disabled as a police officer, the City shall be authorized to
terminate the employee for physical inability to perform.
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Section 4: The city shall
police work for employees disabled
endeavor to provide
in the line of duty.
light duty
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ARTICLE 16 ~
CALL-BACK PAY
Section t: 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.
Section 2: Employees will be called back to duty on the
basis of seniority in the rank of Lieutenant. The Lieutenant with
the most seniprity as a Lieutenant will be offered the opportunity
first. If that person is not available, or turns it down, the next
Lieutenant with the most seniority as a Lieutenant will be offered
the opportunity. This manner of offering the opportunity wil~
continue until the last Lieutenant it reached. If no Lieutenant
volunteers for the assignment, the City shall have the right to
assign the duty by inverse seniority.
ARTICLE 17
COURT APPEARANCES
Section 1: When required to respond to court, deposition,
subpoena, or any other judicial or administrative proceeding
arising out of the member's duty as a police officer, and not
involving the officer as a plaintiff or whose interest i~affected
by the plaintiff, the employee shall be paid a minimum of three (3)
hours 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.
SeCtion 2: If Court appearance is contiguous with the end
of the employee's shift, court time shall be compensated as any
other over time assignment.
ARTICLE 18
BEREAVEMENT LEAVE
Section 1. 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, grand-
paren~s~ofspouse and~anypermane~t famil¥1member of the
household, of an employee, such employee shall be entitled
to paid compassionate leave not to exceed three (3) qon-
secutive calendar days for any one (1) death. However, if
it is necessary for the employee to leave the State in con-
nection with the interment of the deceased, five (5) days
compassionate leave shall be allowed, Additional leave may
be authorized by the Chief or his designee on
basis except that such additional leave shall
against the employee's accrued sick or annual
a case-by-case
be debited
leave.
Section 2. Employees must verify death in writing in order
to be eligible for benefits under this Article. The City
Manager may grant additional leave under this section,
except that such additional leave shall be debited against
the employee's accrued sick or annual leave.
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ARTICLE 19
SICK LEAVE
Section 1. 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 governed in accordance
with the Civil Service Rules and Regulations.
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 fifty percent (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) not converted in
this contract year may be converted in the next contract
year. This provision shall not be applicable for FY 91-92,
and shall be subject to the collective bargaining process
for subsequent fiscal years.
Section 3. It shal~ be the policy of the City to permit an
employee the opportunity of donating accrued sick leave,
providing the contributing employee has 120 hours accrued
sick leave, 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 and annual leave to the equivalent
of his/her current annual earned vacation rate. Extraordinary
11/20/91
circumstances shall be defined as lengthy hospitalization,
critical illness or injury. Where 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~ confirm
through the Finance Department that the hours are available
and submit the list tO the perso~el office for the proper
charge,to sick leaue records, Time used will be in order
listed,on the appropriate forms supplied by the Union
steward.
Section 4. Sick leave for medical appointments can be sche-
duled more than forty-eight (48) hours in advance and cannot
be changed by the Department except in the event of a clear
need by the department.
Section 5. No member shall be placed on restricted sick
leave prior to being counselled by the division commander
informing the member of the reasons and allowing them an
opportunity to explain the situation. If after counseling
a problem continues, the member will be notified in writing
and placed on restricted sick leave. A member will be on
sick leave for a maximum of six months. At the end of six
months, the member will be advised in writing if the depart-
ment intends on extending the restricted sick leave.
Section 6. At the employee's option, the employee may con-
vert excess sick time as defined in accordance with Section
2 to vacation time not to exceed 40 hours, to be transacted
in the first month of the calendar year.
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Section 1:
the Civil Service Rules in effect as
Section 2: Seniority will
vacations.
Section 3:
ARTICLE 20
VACATION
Vacation shall be accrued
of October
prevail in
in accordance with
1, 1990.
the granting of
Vacation requests may be submitted ~rom 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 with twenty-four (24) hours advance notice, provided that the
City incurs no overtime in the granting of ~uch request.
Section 4: Requests for emergency vacation leave shall be
individually considered by the Chief of Police.
Section 5. Accrual of vacation time will
Civil Service Rules.
Section 6. Management reserves the right
be subject to
in this Agreement or
defined in this Agreement.
under this section shall not
to approve or
deny vacation leave based upon the operational needs of the
Department. Vacation priviliges shall not be suspended or
cancelled except as specifically set forth in
time of declared emergency as The
exercise of management's right be
arbitrary or capricious.
Section 7. All lieutenants shall receive in addition to
the existing vacation accruals 24 hours of personal time which may
be used in four hour increments.
ARTICLE 21
HOLIDAYS
Section 1. Holidays will be in accordance with the Civil
Service Rules and Regulations in effect as of October 1, 1990.
Section 2: Holiday pay will be at one and one-half (1-1/2)
times the of pay, or not the
h61iday ~ ~" ~ ~ is worked.
Section 3:
A. Holiday Conversion. Under this section, a member may
elect not to receive holiday pay as outlined in Section 2 above,
but, instead, have the equivalent straight-time holidays added as
a~lump sum to the accrued vacation balance.
B. Members who sign up for this option must do so betwee]
October 1 and O~tober 31 of each contract year with the Bureau of
Administration.
C. Members exercising this conversion option will be paid
only straight time for hours worked on the holiday.
D. Members whose regular days off are on the holiday will
receive their normal weekly pay.
E. Members leaving the service of the City 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.
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Fe
option
Members may elect to take the holiday off and at their
deduct eight (8) hours holiday or take th~ holiday off
without pay.
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ARTICLE 22
FUNERAL EXPENSES
Section 1. The City will provide a reasonable payment of
funeral costs to the beneficiary of a bargaining unit member killed
in the line of duty not otherwise provided by State or Federal law.
Section 2: Ail employees shall, on a form to be signed to
be supplied by the PersonalDirector or his designee, designate by
name and address the individual to whom such funds are to be paid.
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ARTICLE 23
MEDICAL EXPENSES
Section 1.
Option 1. Members will receive and shall be oblige¢
take an annual electro-cardiogram and physical exam~
by licensed physician approved by the City. If the
City selected doctor is used, scheduling shall be at the
discretion Of the Department and the results will b~come
part of the employee's permanent record. Said medic:al
records shall be exempt from public inspection, as ~ro-
vided by Chapter 119, Florida Statutes. The City Lall
bear the cost of the examination.
Option 2. A member may elect his/her own private p! ,sician
if approved by the City and the City is obligated t( pay
only a portion of the fee not to exceed One Hundred
dollars ($~00.00) upon proper receipt, or every 3rd ,ear
no% to exceed a ~]aximum of Three Hundred ($300.00)
dollars. T~e member shall be responsible for sched~ .lng
the appointment and forwarding the results to the C~ty to
be included' in the employee's personnel records. S~id
medical records shall be exempt from public inspection,
as provided~ by Chapter 119, Florida Statutes.
11/20/;1
to
nations
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Section 2. Any condition of disability resulting from
Hepatitis, Acquired Immune Deficiency Syndrome (AIDS),
Tuberculosis, Meningococcal Meningitis, or Herpes Simplex I,
established to have been incurred in the line of duty shall
be covered the same as any other duty injury.
Section 3. ~age~30 and every other year
thereafter, the employees shall be p~ovided a twelve lead
EKG and cardiac stress test to be paid for by the City and
to be performed facility, A
hepatitis "B" vaccine series shall also be offered by the
City to all bargaining unit members at no cost to the member.
Section 4. At the members-discretion he may request an AIDS
and/or hepatitis screen at the time of his annual physical.
The cost to be paid for by the City. The results of the
AIDS test shall remain confidential.
11/20/91
ARTICLE 24
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 un. iform when
replacement is appropriate, as determined by the Chief-/of~ Police,
and if adequate fundsare available in the City budget.
Section 2: Effective on the date of this Agreement,
l~euten&nts who are members of the bargaining unit and ~ssigned to
plainclothes duty will receive a maximum of One Thousand Dollars
($1,000.00) per contract year~ paid in Two Hundred Fifty Dollars
($250.00) installments at the end of each quarter and rorated as
appropriate when assigned during each quarter to pl. .n clothes
duty. The City will replace civilian clothes of ieutenants
purchased with the annual allowance when such c~o~h~s 'e damaged
in the line of duty. The City will replace civilian lothes to
uniformed officers assigned to plainclothes duty when he clothes
are damaged in the line of duty. The replacement will squire the
approval of the Chief of Police. The Lieutenant :laiming a
replacement will be required to include with the claim an
explanation of the circumstances of the damage and ppropriate
reports concerning the incident. This allowance sha 1 commence
from the date of assignment on a pro rata basis.
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Section 3: Lieutenants assigned to plainclothes duty forr~
more than three (3) months at a time will receive a clothinq~
allowance in accordance with the above for the three (3) months and
prorated thereafter.
Section 4: The City will bear the cost of cleaning ten
(10) uniform pieces per week for the contract year. The City shall
notifyltho~eempIoyees~that are eligible to take'their u~iforms to
the~apprOved dry-cleaning establishmentin ~he City~ Lieutenants
assigned to ptainclothes duty~ will be given a cash cleaning
supplement equivalent'to that oftheLieutenant. This will be paid
at the end o~ each quarter of the contract year. This allowance
shall commence from the date of assignment on a pro rata basis.
Section 5: Lieutenants assigned to plain clothes duty for
more than three (3) months at a time will, for that three (3) month
period, be given a cash cleaning supplement equivalent to that
given lieutenants and prorated thereafter. These payments for
lieutenants assigned to plainclothes duty will substitute for the
normal cleaning allowance for lieutenants.
ARTICLE 25
TRAINING
Section 1: Ail training required of the lieutenant 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 ra:e of pay.
Section 2: The Police Chief
Department!st training program according
needs and requirements and potential
will decid4
to his judg~
for each me~
~-~ on the
ent of the
~r of the
)n training
Department. Firearms, batonand shot-gun qualificati.
sessions will_be planned as the needs are judged by the Chief once
each year.
-37 -
ARTICLE 2~
PERSONNEL RECORDS
Sectionl. Within the limits of and in accordance with the
provision of the Public Records Law, all personnel records shall
be kept confidential and not released to any person except
authorized City officials ~or in. response to a. subpoena, %~nless the
Clty.r~e~elves .awrltten .authorization from the. member~nregard to
the pers~nnel~'records.
Section 2. Consistent with State law, the City~agreesthat
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 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 record 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 3: A personnel
maintained by the City Personnel
file for all City employees is
Department. The City will purge
these files of disciplinary actions in accord with the appropriate
Florida State Statute. The purging will take place when the
Personnel Department notes that it is time for a record to be
purged or when an employee, in writing brings the matter to the
attention of the Personnel Director. An employee may request,
writing, that specific items be kept in his/her Personnel File.
Section 4: ~ritten records of verbal cc
counselling memos shall automatically be removed from
files after a period of six months provided that t~
reoccurrence of the conduct giving rise to the
counselling. Written reprimands shall be removed
personnel record, as permitted by law, after a period
provided there is no reoccurrence of the conduct giving
original reprimand. The Police Department Employee File
official Personnel File. When brought to the Police D~
attention, however, by the written request of a lieut
respective file will be purged in accordance with the
set forth in this Agreement and by the policies of th~
Department.
in
unselling/
personnel
ere is no
original
_from the
,f one year
rise to the
is not the
)artment's
!nant, the
procedure
Personnel
Section 5: The City maintains a Citizen Compla
required by Florida Law. The material in the Citizel
File is not in the officer's Personnel File.
Section 6. Internal Affairs Files will be k
Police Department while an Internal Affairs invest
ongoing and will not become a part of any Personnel Fil
interim investigation is complete and a civil suit
litigation is not pending or expected. The mater
Internal Affair's files 'will be put in the employee':
file and purged and destroyed in accordance with State Law.
nt File as
Complaint
~pt by the
igation is
until the
or other
~1 in the
personnel
-39-
ARTICLE 27
SOLICITATIONS
forced to
SectiOn 1: No member shall be attend or
participate in solicitations for monies, membership or sales by an
outside group (charities, insurance companies, religious
organizations~ etc~)~ whi~e on~duty~or~at,~rollc~ll~=~-
-40-
ARTICLE 28
SAFETY AND HEALTH
Section 1:
State and Federal
working conditions,
public employers.
Section 2:
The City agrees that it will conform to all
laws concerning safety, health, sanitation and
when said laws are specifically applicable to
Protective devices, wearing apparel and other
equipment necessary to protect employees from injury shall be
_
p~ovided and maintained in proper working condition by the City at
no cost to the employee.
-41-
ARTICLE 29
USE OF CITY FACILITIES
Section 1: The FOP shall be entitled to the use of City
facilities to conduct Union business at the same cost assessed to
other groups or other Police Departmentactivities..
-42-
ARTICLE 30
HOURS OF WORK AND OVERTIME
Section 1.
shall be five (5)
Section 2:
The hours of work for bargaining
days per week at eight (8) hours per
No work schedule, days off, houx
lit members
day.
of work,
payment of
etc., shallbe changed for the puruoses of avoiding the
overtime.
Section 3: No person shall be required to wor
sixteen Il6) hours at one (1) time, except in a declared
For the purposes of this section, an emergency shall b
disaster (flood, hurricane, etc.) or man-made disaster
cfvil unrest, etc.) or other incident which directly th
health and safety of the citizens of Boynton Beach.
Section 4: Any employee who works in excess of the normal
work day or the normal work week shall be entitled .o pay, for
those hours in excess of the normal work day or the normal work
week, at the rate of time and one-half (1-1/2) the employee's
regular rate of pay.
more than
emergency.
a natural
riot, mass
eatens the
ARTICLE 31
SHIFT SELECTION
Section~I: The Department shall have discretion to
determine the number of persons assigned to each shift and division
within the Department. The City reserves the right to assign
~e~ena, n%s~t~a~par~ti~u~la~ division within the~p~ice department.
Sectio_n 2: The City may designate the slots
assizes', t~ ~each shift. Thereafter employees in the patrol
d~vi~n ~hal~ choose slots by seniority, The department shall
have ~discretkon to change
purposes~ The right to
p~obationarylieutenants.
the ,junior lieutenant,for training
select shift shall not apply to
ARTICLE 32
SENIORITY
Section 1: Seniority shall ~eu~Unttesdh~mt~admaet~ ~
promotion to lieutenant. If two (2) a
of promotion, the date of initial appointment to the se~ vice of the
City shall be the determining factor.
Section 2: Seniority shall accumulate d ring all
authorized leaves.
Section 3: Seniority shall be the determinin, factor on
the selection of vacations, overtime assignments, shif: selection
(in the patrol division only).
~ Section 4: The City shall have the right to determine the
number of lieutenants assigned to each division and
Section 5: For lay-offs and other non-d
reductions in personnel the foregoing procedure shall
Senior Classes will displace Junior Classes. An exam
if a Police Lieutenant's position is to be abolished, tl.e incumbent
with the least seniority in the position of Lieut.~nant would
displace Police Sergeant, who would displace a Police Detective,
who would displace a Police Officer, who would d.splace any
probationary or provisional or temporary, or be separated as the
case may require.
-45-
~ach shift.
isciplinary
apply that
e would be:
ARTICLE 33
TRANSFERS AND SHIFT CHANGES
SectiOn 1: 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 contract-~ If. a~member~Suffers a~transfer or shift
change, as defined in this Agreement, without the forty-eight (48)
hour notice and without the consent of the employee, all time
werked on the first newly assigned shift or workday shall be at the
overtime rate.
Section 2:
provided thatexchange
unreasonably withheld,
overtime.
Members may request to exchange shifts,
is approved, which approval shall not be
and the City shall not be obligated to pa!
-46-
ARTICLE 34
GROUP INSURANCE
Section 1:
($50,000.00) life
at no expense to
The City shall provide a Fifty Thousand Dollars
insurance policy to all bargaining uqit members
the employee. The policy shall be~r| a double
indemnity provision for death~occurring in the line of ~uty. Thi?
_
!
shall be in addition to any other benefits required by State or
Federal law.
Section 2: The City shall provide one hund~
(100%) of the cost of individual coverage in a grou~
policy.
~ Section 3: The health and dental lnsuranc
currently in effect shall not be reduced during the lJ
contract.
sd percent
insurance
coverage
fe of this
-47-
ARTICLE 35
TUITION REIMBURSEMENT
Section 1. The City shall provide an incentive in the form
of paid tuition and books for members who choose to attend
an accredited college or university.
Se~t~on~2,
the course. College and/or University program must be
initially approved by the City Manager.
Section 3. Members attaining a grade of "A" or "B" shall
be 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. In the event that a course is a mandatory
pass/fail course, a grade of passing shall be treated as a
sastisfactory grade. Employees shall receive no compensation
for grades below a "C".
Section 4. Courses must lead to a degree in the fields of
law enforcement, Criminal justicet public administration 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.
-48-
11/20/91
ARTICLE 36
DEPARTMENTAL POLICY, RULES AND REGULATIONS
Section 1: It is agreed and understood that
Department currently has policy, rules and regulations
employment. The formulation, amendment, rev~
implementation of any rule shall not be arbitrary or
In the event of a conflict between the rules and this
the Agreement shall control.
Section 2: Nothing in this section shall co
waiver of the Union's right to impact bargaining as
~he Police
governing
sion and
aPricious~
Agreement,
~stitute a
defined in
Chapter 447, Part II, Florida Statutes (the Flora.da Public
E~ployee's Relations A~t). In the event the City wishes to amend,
revise or implement any new rule to show cause, it shall qive
written notice to the Union.
-49-
ARTICLE 37
OFF-DUTY POLICE EMPLOYMENT
Section 1: 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
Section 2: When Cityfa¢ilities are used by otheragencies
or persons, any desired security arrangements shall be at the
option of the user. If the us~r and/or City determines that
certified police officers are to be required at any public event,
only Boynton Beach Police Department personnel shall be used.
-50-
ARTICLE 38
GRIEVANCE AND ARBITRATION PROCEDUREs
Section 1:
City and the Union,
are members of the Bargaining Unit,
or application of, or compliance
Agreement.
concerning the int~
with specific ter~
the
A grievance is defined as a dispute between the
or the City and one or more of employees, who
rpretation
s of this
Section 2: Grievances shall be settled in acco~
following procedure:
Step l: An employee shall attempt to r~
grievance with the immediate superv
ten (10) working days of its occ
within ten (10) working days from
employee became aware of the
complaint. A Union steward may be
so requested. Discussion shall be i
the purposes of settling the dis
decision of the immediate supervis
given orally to the employee no lat
(10) working days after the discus~
Step 2: If the grievance has not been reso~
satisfaction of the employee at
grievance may be reduced to wr
standard grievance form signed by
· dance with
~solve any
.sor within
urrence or
~e time the
se of the-
)resent if
formal for
)ute. The
~r shall be
~rthan ten
~ion.
.ved to the
~ep 1, the
ting on a
~e employee
-51-
SteD 3:
SteD 4:
and presented to the Captain within ten (10)~
working days after the immediate ~upervisor's__
response was rendered at Step 1. The Captain
shall conduct a meeting with'3the affected
employee or employees and the Union steward
within ten [10) working days of receipt of the
w~itt~.~gr~ievance and Shal-~ ~epty' to the
affected employees and the Unio~3in writing
within ten ~(10) days after the~close of the
meeting.
If' the grievance is not settled to the
satisfaction of the employees at Step 2, the
decision may be appealed by presenting the
written grievance to the Police Chief not later
than ten (10) days after receipt of the
decision by the Captain. The Police Chief
shall conduct a meeting with the affected
employees and Union steward within ten (10)
working days after receipt of the grievance and
shall reply to the affected employees and the
Union in writing within ten (10) working days
following the close of the meeting.
If the grievance is not resolved to the
satisfaction of the employee at Step 3, the
Police Chief's decision may be appealed to the
-52 -
Section 3:
shall be 8:00 A.M. to 5:00 P.M., Monday through Frida~
of holidays observed by the City.
Section 4: Time limits set forth above may
or shortened by mutual agreement in writing. In the ev
party shall fail to abide by the time limits provided
grievance shall be deemed abandoned.
Section 5: In accordance with State law, the
not be obligated to process the grievance of a non-mel
section 6: The Union shall have the rig]
grievances in its own name in the third step
procedure on any non-disciplinary matter
interpretation or application of this Agreement.
Section 7: If any grievance is not satisfactor
at the City Manager level, the Union shall have the rig
arbitration within ten (10) days of receipt of the Ci
City ~anager not later than ten (10) working
days after receipt of the Step 3 de~ision. The
city_ Manager shall meet with t~e affected
employees and the Union steward wit]lin ten (10)
working days following receipt of tl~e grievance
and shall reply in writing within ten (10)
working days following the ¢1¢s~ of the
meeting.
For the purposes of this Article, a working day
-53-
exclusive
lengthened
~t that any
herein, the
Unio~ shall
iber.
it to file
of t~e grievance
inv)lving the
ily resolved
~t to demand
~ Manager's
decision. Arbitration proceedings shall be conducted in accordanceS-
with the rules of the American Arbitration Association procedures.~
Seetion 8: The _ arbitrator shall have exclusive
jurisdiction and authority to resolvegrievances as defined in this
Agreement. The arbitrator shall have the authority to issue
subpoenas enforceable in any court
shall admini~te~ oaths~ to alt
proceedings.
of competent jurisdiction and
witnesses testifyin~ in any
Section 9: The arbitrator shail have no power to change,
amend, add to, subtract from, or otherwise alter or supplement this
Agreement or ~ny part thereof or any amendment thereto.
Section 10: The findings of the arbitrator made in
accordance with this Agreement shall be final and binding on all__
parties. The arbitrator's decision shall be in writing and shall
set forth the arbitrator's findings and conclusions on the issues
submitted unless otherwise agreed by the parties.
Section 11: The costs for services of the arbitrator shall
be borne equally by the parties. Any employee who is a grievant
in a grievance proceeding shall have the right to attend the
arbitration at no loss of pay and time will be charged to the Union
time pool.
Section 12: Either party to this Agreement desiring a
transcript of the arbitration shall be responsible for the cost of
the transcript unless Otherwise agreed to in writing by the
parties.
ARTICLE 39
PAST PRACTICES
Section 1.
remain
A.
B.
C.
D.
F.
G.
H.
I.
J.
Ail employment practices listed below shall
in effect:
Lockers
Locker room shower, gym
Shoes every six (6) months
Provide weapons, equipment, gear appropriate
to 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 need.
-55-
11/20~
'91
Section 1: The
constitutes the full and
ARTICLE 40
ENTIRE AGREEMENT
parties agree that
complete understanding
this Agreement
of the parties.
-56-
ARTICLE 41
PERSONAL VEHICLES
SEction 1:
personal vehicle in the performance of police duties, sa~
shall be reimbursed a mileage rate established by City
excluding ~iteage traveled to and from the normal work
Section 2: For the purposes of this Art
performance of police duties shall include attendance
depositions, administrative hearings, conferences
officials, s~hools and seminars, excluding those insta
mileage is reimbursed from another source..
When an employee is required to use his/her
.d employee
esolution,
%~cation.
i¢le, the
at Court,
'ith City
~ces where
-57-
ARTICLE 42
PROMOTIONS
in
and Regulations.
.Section~2:
Section 1: Ail testing for promotional positions shall be
accordance with the City of Boynton Beach Civil Service Rules
shall consist
Should the Department determine tou~ilize an
component of the testing.procedure, said board
of at least three (3) persons,~ who are law
enforcement officers cf greater rank from jurisdictions other than
theCi~y~q~iBQyntonBeach.
Section 3: All deoisions and scoring by the~board shall
be made at the conclusion of the interviews and must be arrived at
a joint meeting.
Section 4: If possible, a Union representative who is not
eligible for promotion shall be present as an observer at all times
is seated and charge the time to the Union time
while the board
pool if on duty.
Section 5. Whenever possible, no numerical score shall be
known by any person until the completion of the entire promotional
testing process. Where passage of a component of the testing is
a necessary element of advancement to the next component of the
test, employees and assessing personnel shall be notified only that
an employee is eligible or not eligible to advance in the
promotional process whenever possible.
-58-
Section 6. Members passed
"Rule of Three" as provided by
Regulations of the City may apply
whose decision shall be final.
over for promotion under the
the Civil Service Rules and
for review to the City Manager
ARTICLE 43
SAVINGS CLAUSE
Section 1. If any Article or section of this Agreement
should be determined by a court of competent jurisdiction to be in
conflict with any existing or subsequently enacted legislation or
judicial decision, all other Articles and section~- of this
Agreement shall remain in full force and effect with it being
presumed to be the
be stricken.
Section 2.
parties shall
negotiating a
intent of the parties that the invalid language
In the event of such a determination, the
meet within thirty (30) days for the purposes of
substitute provision.
-60-
ARTICLE 44
TEMPORARY ASSIGNMENT
Section 1. Lieutenants acting in the capacity of Senic
Staff Officer for at least two (2) weeks shall be paid
above the Lieutenant's regular rate of pay, unless a
superior officer is present.
Section 2. The provisions of this Article shall not a
to persons performing other than regular road patrol dy
including details.
11/20
ply
ties,
91
-61-
ARTICLE 45
CHEMICAL TESTING
section 1. The ,FOP and the ~ityagree that'~the maihtenance
Of professio~al-~standardsand the public confidence
requi~es tha~ there be a workplace free from substance
abuse (including alcohol).
Section 2. Should any commander have a reasonable suspicion
based ~p0n observable, objective factor to believe that a
member of the bargaining unit is under the influence of a
controlled substance he may order the bargaining unit
member to submit to s chemical test in accordance with the
provisions of this article.
Section 3. Chemical tests may be performed either through
urinalysis, blood testing or hair cuttings. The choice of
the test shall be that of the employer. At the time a
sample is drawn, the sample shall be divided into two por-
tions with a second portion reserved for any necessary
retests that may occur in accordance with the provisions of
this article.
Section 4. All tests shall first be performed through the
use of an EMIT screening procedure. In the event that the
EMIT test results in a positive finding for controlled
substances the test shall be confirmed through the use of a
GCMS test. No test shall be considered final until con-
firmed by a GCMS test.
11/20/91
-62-
Section 5. In the event that an employee is found to ~ave
a positive tes~ as confirmed by GCMS, the employee may uti-
lize the reserved sample for a confirmatory test to beper-
formed at a laboratory of the employee's choice. In the
event that the confirmatory test is positive, the employee
abuse rehabilitation program when such request to par-
ticipate occurs prior to a chemical test, the employee shall
be permitted to utilize accrued vacation and/or sick l~ave
!
to the extent that such sick leave exists during the tenure
of the rehabilitation program.
participate in such a program
disciplinary action.
section 6. Ail records
Any employee volunteerl
shall not be subjected t,
of chemical testing and par-
.ng to
any
ticipation in rehabilitation programs shall be treated
medical records and therefore exempt under the Florida
Public Records Law.
Section 7. Nothing in this section shall prohibit the
from directing that an employee submit to a physical e
nation when the employer has reason to believe that th
employee is otherwise unfit for duty.
as
City
(ami-
-63-
ARTICLE 46
MANAGEMENT PACKAGE
Section ~. Lieutenants shall continue to receive the
management package while in effect. Management has the exclusive
right to delete this benefit provided it is deleted on a City wide
basis.
-64-
ARTICLE 47
DURATION OF AGREEMENT
Section I. This agreement shall become effective upon
ratification by both parties and shall continue in full
force and effect up through and including September 30,
1992.
section 2. Negotiations for a successor agreement shall
commence by the exchange of proposals not later than June 15,
1992 and the parties shall hold their first bargaining
session not later than July 1, 1992.
-65-
11/20/91
day of ~.~
Agreed to this
1992, by and between the respeC~lv~e parties through the
authorized representatives of the Union and the City.
/ ~ WitHess
POLICE LIEUTENANTS
FRATERNAL ORDER OF POLICE
President ~ ~ u ,/~/
witnJss
Witness
AanPPr°ve~ad Cow~ec~
CITY OF BOYNTON BEACH, FLORIDA
M~yor Arline'W~iner
ATTEST:
'City~lerk
City Manager --
1991/1993