IAFF Agreement 2019-2021 1 RESOLUTION R19- 015
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, RATIFYING THE AGREEMENT
5 BETWEEN THE CITY OF BOYNTON BEACH,
6 FLORIDA AND THE INTERNATIONAL
7 ASSOCIATION OF FIREFIGHTERS, LOCAL 1891
8 FOR THE PERIOD OF OCTOBER 1, 2018 THROUGH
9 SEPTEMBER 30, 2021, AND AUTHORIZING AND
10 DIRECTING THE CITY MANAGER TO SIGN THE
11 AGREEMENT; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14 WHEREAS, the City of Boynton Beach and the International Association of
15 Firefighters, Local 1891 have successfully concluded negotiations for a three (3) year
16 contract; and
17 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
18 the best interests of the residents and citizens of the City to ratify the Agreement and execute
111 19 the same.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
21
22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
25 ratified and confirmed by the City Commission.
26 Section 2. The City Commission of the City of Boynton Beach, Florida does
27 hereby ratify the Agreement between the City of Boynton Beach and the International
28 Association of Firefighters, Local 1891 for the period of October 1, 2018 through
29 September 30,2021,and authorizing and directing the City Manager to sign the Agreement,
30 a copy of said agreement being attached hereto as Exhibit "A".
31 Section 3. This Resolution will become effective immediately upon passage.
32 PASSED AND ADOPTED this 5th day of February, 2019.
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34 CITY OF BOYNTON BEACH, FLORIDA
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36 YES NO
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38 Mayor—Steven B. Grant
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40 Vice Mayor—Christina L. Romelus b----
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'41
42 Commissioner—Mack McCray
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44 Commissioner—Justin Katz ,-
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46 Commissioner—Aimee Kelley
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48
49 VOTE ;y� r
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51 ATTEST:
52
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54
55 Judi A. Pyle, CMC
56 Ci f lerk
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58
59
60 (Corporate Seal)
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V■...N■■Nb. .._.
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
GST Y
SA _
O V
.tO N
CITY OF BOYNTON BEACH
AND
BOYNTON BEACH FIREFIGHTERS AND PARAMEDICS
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1891
tLOCAL BB '
k41,4_-7*---910)
891
Term Ending September 30, 2021
Ratified by Union: "Ratified by Commission: - �`
TABLE OF CONTENTS
Article :ate Page
--- Preamble 1
1 Recognition 2
2 Non-Discrimination 3
3 Payroll Deduction of Dues 4
4 Union Time Pool 5
5 Representation of the Union 6
6 Representation of the City 7
7 Modification of Conditions 8
8 Hours of Work 10
9 Working Conditions 11
10 Uniforms and Safety Equipment 12
11 Annual Occupational Fitness Evaluations 14
12 Group Insurance 16
13 Legal Defense 20
14 Wages 21
15 Call Back and Overtime 23
16 Exchange of Time 24
17 Sick Leave 26
18 Compassionate Leave 29
L 19 Vacation 30
20 Personal Time 32
21 Holidays 33
22 Court Time 35
23 Working Out of Classification 36
24 Education 38
25 Educational Supplemental Compensation..... 39
26 Assignment Pay 40
27 Licenses and Registration Fees 41
28 Seniority List 42
29 Vacancies and Promotions 43
30 Bulletin Boards 46
31 Notification and Distribution 47
32 Grievance and Arbitration 48
33 Prevailing Rights 52
34 Savings Clause 53
35 Appendices,Amendments,and Additions 54
36 Successors 55
37 Compensatory Time 56
38 Management Rights 57
39 Supplemental Retirement Insurance...... 58
40 Collateral Documents 60
41 Pension 61
42 Drug Free Workplace 62
43 Wellness/Fitness Program 63
44 Modified Work/Light Duty 65
45 Duration 66
Addenda
"A" Drug Free Workplace Policy 67
"B" Wages-Step Plan 80
"C" Career Ladder Requirements 82
Mutual Consent Agreement-IPTR 86
Pension Agreement 89
"F" Tuition Assistance Program 90
--- Signature Page 97
PREAMBLE
This Agreement is entered into by the City of Boynton Beach, a municipal corporation (hereinafter
referred to as the "City,") and the Boynton Beach Fire Fighters and Paramedics, Local 1891, of the
International Association of Fire Fighters, (hereinafter referred to as the "Union,") which has as its
purpose:The promotion of harmonious relations between the City and the Union;for the establishment
of an equitable and peaceful procedure for the resolution of differences;the prevention of interruptions
of work and interference with the operations of the City; to encourage and improve efficiency and
productivity; to maintain the highest standards of personal integrity and conduct at all times; and the
establishment of an entire agreement covering hours, wages, benefits, and terms and conditions of
employment applicable to bargaining unit members.
Therefore, in consideration of the mutual provisions and agreements contained in this Agreement, the
City and the Union agree as follows:
1
ARTICLE 1
RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining agent,for the purpose of establishing
wages,hours, and terms and conditions of employment pertaining to the regular, full-time positions of
Firefighter,Firefighter Operator/Engineer(0/E),Lieutenant,Captain,and Battalion Chief,which require
possession and maintenance of Florida Firefighter Certification and Florida Emergency Medical
Technician Certification or Florida Paramedic Certification.
2
ARTICLE 2
NON-DISCRIMINATION
2.1 Neither the City nor the Union shall discriminate against any bargaining unit member in a manner
prohibited by law based on race,age,religion,color,gender,gender identity or expression,sexual
orientation, national origin, marital status, physical or mental disability, or any other unlawful
factor.
2_2 Alleged violations of this Article shall not be subject to the grievance and/or arbitration
procedure established herein.
2_3 No bargaining unit member shall be discriminated against,intimidated,restrained,or coerced in
the exercise of any rights granted by this Agreement, or in the exercise of any Union and/or
protected concerted activities. The sole remedy for charges in this section (2.3)is the filing of an
Unfair Labor Practice (ULP).
2_4 Bargaining unit members have an affirmative duty to report any discriminatory conduct to the
City's Director of Human Resources and Risk Management.
3
ARTICLE 3
PAYROLL DEDUCTION OF DUES
3.1 The City will deduct, once each pay period, dues in an amount certified to be current by the
Treasurer of the Union from the pay of those bargaining unit members who individually request
in writing that such deductions be made. The total amount of deductions shall be remitted each
month by the City to the Treasurer of the Union. This authorization shall remain in full force and
effect during the term of this Agreement or for thirty(30)days after notification of the revocation
of this authorization by the Union Treasurer. The Union will pay for this service in the form of a
lump sum payment of one hundred dollars ($100.00) per contract year.
3_2 Any bargaining unit members may revoke their dues deductions to withdraw from membership
by forwarding their intentions to the Union Treasurer in writing. The Union Treasurer shall be
responsible for notifying the City's Finance Department of such revocation.
4
ARTICLE 4
UNION TIME POOL
4_1 For the purpose of allowing officers of the Union or their designees to conduct Union business
and attend Union functions, a Union Time Pool is established. Each contract year the City will
credit the Union Time Pool with two hundred forty(240) hours of time to be used in increments
of two (2)hours or more.
4_2 Between September 1st and September 15th of each contract year, bargaining unit members
shall be permitted to donate hours of accrued vacation time to be banked and subsequently used
to permit designated Union representatives to attend Union functions. Donations to this Union
Time Pool shall be made by any bargaining unit member on a voluntary basis and on a designated
submittal form. All donated time will be calculated and banked on an hour-to-hour basis. An
accurate list of those bargaining unit members donating to this time pool shall be maintained by
the Union President and the Fire Department's Administrative Payroll Associate;a copy of which
will be provided to the Deputy Chief of Operations. Only those bargaining unit members donating
time shall be eligible to work in the absence of a Union Representative who is benefiting from
this Article. It shall be the Union President's responsibility to coordinate with the Deputy Chief
of Operations (or Designee) the provisions of coverage and replacement of Union
Representatives attending an approved function.
4_3 All requests to use this time are subject to daily staffing requirements and must be submitted for
approval by the Deputy Chief of Operations (or Designee) at least forty-eight (48) hours in
advance of the requested date of use. The on-duty Battalion Chief may consider verbal
emergency requests by the Union President (or Designee). A maximum of four (4) Union
Representatives may be allowed time off and each must follow departmental procedure when
applying for time off using Union Time Pool hours. When scheduled use of Union Time Pool hours
results in overtime for another bargaining unit member,the Union Time Pool will be charged at
(drawn down by) time and one-half (1.5) so that a bargaining unit member's absence is cost
neutral to the City.
5
ARTICLE 5
REPRESENTATION OF THE UNION
The membership of the Union shall be represented by the President of the Union or by a person or
persons designated in writing to the City Manager by the President of the Union. The identification of
representatives shall be made each year prior to April 1st. The President of the Union,or the person or
persons designated by the Union President shall have full authority to conclude a collective bargaining
agreement on behalf of the Union,subject to a majority vote of those bargaining unit members voting on
the question of ratification. The Union representative or representatives are the official representatives
of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons
other than those as defined herein, regardless of their position or association with the union, shall be
deemed unauthorized,and shall have no weight or authority in committing or in any way obligating the
Union. It shall be the responsibility of the Union to notify the City Manager in writing of any change in
the designation of the President or any certified representative of the Union.
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LARTICLE 6
REPRESENTATION OF THE CITY
The City shall be represented by the City Manager or a person or persons designated in writing to the
Union by the City Manager. The person designated shall have full authority to negotiate a collective
bargaining agreement on behalf of the City. The City representative or representatives are the official
representatives of the City for the purpose of negotiating with the Union. Negotiations entered into with
persons other than those as defined herein,regardless of their position or association with the City,shall
be deemed unauthorized and shall have no authority or weight in committing or in any way obligating
the City.
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ARTICLE 7
MODIFICATION OF CONDITIONS
7_1 Fire Rescue Operational Rules and Regulations:
(a) Bargaining unit members shall comply with all Fire Rescue Operational Rules and Regulations,
including those relating to conduct and work performance. The City may abolish, adopt, or
amend Operational Rules and Regulations necessary for the safe,orderly,and efficient operation
of the Fire Rescue Department. A Committee on Rules and Regulations is established for the Fire
Rescue Department. This Committee is comprised of six (6) members: three (3) appointed by
the City and three (3) members of the Union Executive Board. This Committee shall be charged
with the duty of reviewing the published and proposed Fire Rescue Operational Rules and
Regulations and issuing advisory opinions to the Fire Chief. This Committee shall meet as needed.
(b) Except in instances of emergency situations, in which delaying a change would result in likely
harm to others or impending liability to the City as a result of the exiting Rule or Regulation,the
City will provide the Committee with at least fifteen (15) calendar days of prior notice, before
the effective date of any changes to the department's Operational Rules and Regulations.
Deviations from Operational Rules and Regulations required as a result of an emergency situation
shall be reviewed by the Committee on Rules and Regulations within ninety(90) calendar days
of the emergency.
7.2. Modification of Conditions:
(a) When the City intends to make changes to City or Departmental Administrative Rules or
Regulations,Policies,or Procedures,the City will provide written notice to the Union. The notice
will include a description of the change and an implementation date,which shall be no less than
thirty(30) calendar days from the date of notice.
(b) If the Union believes that the modification constitutes a change to wages,benefits,or terms and
conditions of employment, then the Union will have fifteen (15) calendar days from the date of
notice to advise the City in writing that the Union is requesting pre-implementation or post-
implementation impact bargaining. Such written request shall identify with specificity the
manner in which the modification affects the rights of bargaining unit members. The request
shall also include three (3) dates and times when the Union is available to meet with the City to
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discuss/bargain the modification. When bargaining is requested,it shall begin no less than five
(5) calendar days following the Union's request and shall be concluded within thirty (30)
calendar days following the first bargaining session. Unless otherwise agreed to by the City and
the Union during their bargaining,the implementation date of change shall take effect as initially
announced by the City,subject to the Union's right to continue impact bargaining.
(c) This provision is not a waiver,restraint,or limitation on the City's Management Rights,including
to unilaterally determine the purpose of its departments,to set standards of services to be offered
to the public, and to exercise control and discretion over its organization and operations,nor is
it a waiver, restraint, or limitation on the Union's right to bargain pursuant to Chapter 447,
Florida Statute.
9
ARTICLE 8
HOURS OF WORK
8.1 Bargaining unit members are regularly scheduled to work twenty-four(24)hour shifts and may
be referred to in this Agreement as "shift" members. A shift schedule for the term of this
Agreement is defined as follows: a forty-eight (48) hour work week with one (1) shift on duty
and two (2) shifts off duty and with a twenty-four (24) hour Kelly Day off during a twenty-one
(21) day work schedule. The shift on duty is from 7:30 a.m. (0730) to 7:30 a.m. (0730) the
following day.
8_2 Bargaining unit members may voluntarily,or on a temporary basis,be assigned by the Fire Chief
(or Designee) to an alternate schedule in order to accomplish special projects or special
assignments.
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LARTICLE 9
WORKING CONDITIONS
9_1 Bargaining unit members may be needed at any time to fight fires and/or render emergency
medical care,and,to do so effectively,they need to be constantly prepared. They must be ready
to respond immediately to calls for service. Continual training and equipment maintenance are
required to ensure that the desired response effectiveness is attained.
9_2 The Union supports and participates in training, equipment maintenance, fire prevention
programs,emergency medical service programs,and public education programs,which have as
their goal,the increased efficiency of the City's fire protection and emergency medical service.
9_3 Bargaining unit members will perform routine station maintenance. Routine station
maintenance is defined as any type of maintenance that is required to be done on a scheduled
basis,such as window cleaning,kitchens,living facilities,vehicles and safety equipment.
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ARTICLE 10
UNIFORMS AND SAFETY EQUIPMENT
10.1 The City provides Fire Rescue Department personnel with uniforms, on an as-needed basis,
provided through the warehouse. The initial uniform allocation includes - Class "A" uniform,
uniform shirts, uniform pants/shorts, ball caps, T-shirts, Last Resort Belt, gym shorts, work
jackets,job shirts,and patches as needed. Current placement of patches will apply.
10.2 Each bargaining unit member will receive a shoe allowance in the amount of one hundred fifty
dollars ($150.00), less applicable taxes, in the second paycheck following ratification, and in
subsequent contract years, in the second paycheck in January. Effective October 1, 2019,
bargaining unit members are required to wear shoes/boots that comply with department safety
and uniform guidelines and that are ASTM F2412 or ASTM F2413 certified.
10.3 Effective April 1,2019,uniforms,excluding initial allocations,maybe acquired on an"as-needed"
basis through an allowance allotment system. Each fiscal year of this contract, bargaining unit
members may receive up to four hundred dollars ($400.00) worth of uniforms, excluding
shoes/boots. The Deputy Chief of Administration(or Designee)will publish the current price list
L of uniform items upon ratification and at the beginning of each fiscal year of subsequent contract
years.
10.4 Initial allocations of uniforms, excluding shoes/boots, will be provided to bargaining unit
members as determined necessary by the Fire Chief(or Designee).
10.5 The City shall provide members of the Technical Rescue and Dive Teams with any specialized
uniform(s) and personal protective equipment (PPE) needed to perform the functions of those
respective teams.
10.6 All Personal Protective Equipment(PPE),as outlined in the Fire Rescue Department regulations,
shall be furnished as necessary to bargaining unit members by the City. The title to such
equipment shall remain with the City,with the exception of a bargaining unit member who has
retired, who has the option to keep his/her badges and structural helmet. If standards of fire-
fighting safety equipment change, upon replacement of existing equipment, the replacement
equipment will be National Fire Protection Association (NFPA) recommended. If a Firefighter
needs a replacement of fire-fighting Personal Protective Equipment, (s)he shall submit such
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request in writing through the chain of command. The Fire Rescue Department Safety Officer
shall make a determination as to the appropriateness of such replacement. Once it is determined
that a replacement is needed, the City shall promptly initiate the replacement of the item.The
City shall notify the bargaining unit member of the approximate time the replacement item will
arrive and will notify the member if the arrival will be delayed due to extenuating circumstances.
10.7 The City will arrange for the repair or replacement of a bargaining unit member's uniform or
work clothing that is damaged,at no fault of the member, during the member's performance of
his/her job duties. In such instances, the facts and circumstances must be documented at the
time of the incident.
10.8 Damage to items such as prescription optical aids and dentures are considered"injuries"through
Workers'Compensation only when the damage is shown to be part of,or in conjunction with an
accident, in which the damage specifically occurred as the result of an accident in the normal
course of employment. In such instances,the facts and circumstances shall be documented on a
Supervisor Incident Report(SIR)with a copy to Riskftbbfl.us within forty-eight(48)hours of the
incident. Otherwise, the City is not responsible for the loss or damage to a bargaining unit
member's personal property,which (s)he elects to wear,carry,bring to,or leave at work.
10.9 Bargaining unit members may be responsible for expenses incurred in replacing lost,misplaced,
and/or damaged safety gear and/or clothing due to personal negligence or intentional misuse,
which is subject to review and recommendation to the Fire Chief by the Labor-Management
Team.
10.10 All Fire Rescue department-issued uniforms and equipment will be used exclusively while on
duty or at scheduled departmental sanctioned events as determined by the Fire Chief.
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ARTICLE 11
ANNUAL OCCUPATIONAL FITNESS EVALUATIONS
11.1 Physical Evaluation:
Due to the importance of certification of fitness for duty,bargaining unit members are required to attend
and participate in an annual occupational fitness evaluation as scheduled, which is conducted in
accordance with the standards set forth in the most current edition of N.F.P.A. 1582 and as adapted and
approved by the Labor-Management Team. Bargaining unit members will schedule this annual
occupational exam on a seniority basis through the Fire Department's designated Administrative
personnel. This annual evaluation is mandatory. Effective October 1,2019,the evaluation is performed
off duty with compensation equaling three(3)hours at a rate of one and a half(1.5)times the bargaining
unit member's hourly rate of pay.
11.2 It is the responsibility of the bargaining unit member to ensure that this annual physical
evaluation and all follow-up testing required solely as a result of being found "unfit for duty" are
completed in a timely manner and as scheduled. Efforts will be made to allow for the scheduling of this
follow-up testing to be performed on duty.
L 11.3 Failure to attend, and/or participate in the annual occupational fitness evaluation as required
will result in the bargaining unit member being placed on a "no work" status until the evaluation is
complete. Compensation for time in a "no work" status will be through the use of only accrued and
unused sick leave, compensatory time, and vacation leave (in that order). If all aforementioned leave
time is exhausted,the bargaining unit member will be placed in an unpaid status until such time that the
full evaluation and any required follow up is completed.
11.4 For the term of this Agreement,the City will contract with a qualified medical provider to perform
the annual occupational fitness evaluation. October 1, 2019 through September 30, 2021, the City is
using LifeScan as its provider for these services. Records associated with this physical evaluation and
any follow up evaluations required solely in connection with the return to work of an employee who was
found to be"unfit for duty"are provided to the Director of Human Resources and Risk Management,who
will ensure the records are properly maintained in the employee's confidential medical file, which is
separate from the employee's personnel file. Further,an employee who was found to be"unfit for duty,"
or who was recommended for referral to another medical provider, may be contacted by Human
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Resources and Risk Management regarding ADAAA,FMLA,and/or Workers'Compensation.
11.5 Immunization:
Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis
exists for the prevention of a communicable disease for which a presumption is granted pursuant to
Florida Statute 112.181, if medically indicated in the given circumstances pursuant to immunization
policies established by the Advisory Committee on Immunization Practices of the United States Public
Health Service, the City may require bargaining unit members to undergo the immunization or
prophylaxis unless the member's physician determines in writing that the immunization or other
prophylaxis would pose a significant risk to the member's health. Absent such written declaration,
failure or refusal by a bargaining unit member to undergo such immunization or prophylaxis disqualifies
the member from the benefits of the presumption that the communicable disease was contracted while
on duty. The City shall provide an immunization schedule during the term of this Agreement for all
members as a means of protection from the following:
• Hepatitis-Type B: Members who refuse to be immunized for Hepatitis Type B and who
later contract that disease shall not be presumed to have contracted the disease while on
duty.
• Hepatitis-Type A: Offered to all bargaining unit members.
Members who refuse to be immunized for Hepatitis Type A and who later contract that
disease shall not be presumed to have contracted the disease while on duty.
• The City shall offer flu shots for all members as a means of protection from contracting
the flu while working during flu season.
11.6 Exposures:
It shall be mandatory for the City to notify the bargaining unit member when documentation exists that
the bargaining unit member was significantly exposed to a communicable disease in the line of duty only
after such documentation is brought to the attention of the City. Certain exposures,pursuant to Florida
Statute 112.181(2),shall be presumed to have a disability suffered in the line of duty,unless the contrary
is shown by competent evidence;however,in order to be entitled to the presumption,the member must,
by written affidavit as provided in Florida Statute 92.50 must verify information in such written
declaration.
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ARTICLE 12
GROUP INSURANCE
12.1 Medical.Dental,and Vision Insurance:
The sole medical benefit plan available to bargaining unit members is a High Deductible Health Plan
(HDHP). The premium cost for "employee only" coverage for the HDHP medical, dental, and vision
insurance premiums shall be paid for all bargaining unit members while employed by the City.
Bargaining unit members will pay the full cost of HDHP medical, dental, and vision insurance for their
dependents. The City Commission, through the Annual Budget process, may appropriate funds to
subsidize employees' premium costs for employees who cover dependent children on their medical
plans. Any subsidy offered does not extend beyond the plan year for which it is budgeted,and the offering
of,and/or amount of,any such subsidy is not subject to negotiation.
Types of coverage currently in effect during a plan year shall not be reduced during that same plan year.
The Union may designate one (1) bargaining unit representative to participate on the evaluation
committees for any RFPs related to employee group medical insurance.
Plan Year One: October 1,2018-September 30,2019
12.2(a) HSA Contributions:
The City will contribute an annualized total of one thousand dollars ($1000.00) into a bargaining unit
member's Health Savings Account(HSA) on the first full pay check date following ratification.
i. In order to be eligible for the HSA deposit above, a bargaining unit member must have
been actively employed with the City before October 1,2018.
12.3(a) Leave Time Conversion to HSA:
The City will provide opportunities to convert an annualized total of up to one thousand dollars
($1000.00), after pension deduction, of any combination of sick and vacation time at the 100%
conversion rate to help fund their HSA. For Plan Year One,this conversion can be done at the following
times:
i. Within forty-five (45) calendar days from ratification (any amount up to an annualized
total of$1000.00).
ii. April 1,2019-April 30,2019 (any amount up to an annualized total of$1000.00).
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iii. For purposes of this Article, "annualized" means plan year/contract year/fiscal year
October 1,2018 through September 30, 2019.
12.4(a) New Hires:
Bargaining unit members hired on or after October 1, 2018, and who elect to be covered on the City's
medical insurance,will accrue eighty-three dollars and thirty-three cents ($83.33) per active month of
service for the City to deposit into their HSA through September 2019. This initial deposit will be made
the first check of the month in which the member becomes enrolled in the City's group medical insurance.
Plan Year Two:October 1,2019-September 30,2020
12.2(b) HSA Contributions:
The City will contribute an annualized total of one thousand dollars ($1000.00) into a bargaining unit
member's Health Savings Account(HSA) on the first full pay check date following January 1,2020.
i. In order to be eligible for the HSA deposit above, a bargaining unit member must have
been actively employed with the City on September 30,2019.
12.31b) Leave Time Conversion to HSA:
The City will provide opportunities to convert an annualized total of up to one thousand dollars
($1000.00), after pension deduction, of any combination of sick and vacation time at the 100%
conversion rate to help fund their HSA. For Plan Year Two,this conversion can be done at the following
times:
i. January 1, 2020-January 31, 2020 (any amount up to an annualized total of$1000.00).
ii. April 1,2020-April 30, 2020 (any amount up to an annualized total of$1000.00).
iii. For purposes of this Article, "annualized" means plan year/contract year/fiscal year
October 1,2019 through September 30,2020.
12.4(b) New Hires:
Bargaining unit members hired on or after October 1, 2019, and who elect to be covered on the City's
medical insurance, will accrue eighty-three dollars and thirty-three cents ($83.33) per active month of
service for the City to deposit into their HSA through September 2020. This initial deposit will be made
the first check of the month in which the member becomes enrolled in the City's group medical insurance.
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Plan Year Three: October 1, 2020-September 30,2021
12.2(c) HSA Contributions:
The City will contribute an annualized total of one thousand dollars ($1000.00) into a bargaining unit
member's Health Savings Account(HSA) on the first full pay check date following January 1,2020.
i. In order to be eligible for the HSA deposit above, a bargaining unit member must have
been actively employed with the City on September 30,2020.
12.3(c) Leave Time Conversion to HSA:
The City will provide opportunities to convert an annualized total of up to one thousand dollars
($1000.00), after pension deduction, of any combination of sick and vacation time at the 100%
conversion rate to help fund their HSA. For Plan Year Three,this conversion can be done at the following
times:
i. January 1,2021 -January 31,2021 (any amount up to an annualized total of$1000.00).
ii. April 1,2021 -April 30,2021 (any amount up to an annualized total of$1000.00).
iii. For purposes of this Article, "annualized" means plan year/contract year/fiscal year
October 1,2020 through September 30,2021.
12.4(c) New Hires:
Bargaining unit members hired on or after October 1, 2020, and who elect to be covered on the City's
medical insurance, will accrue eighty-three dollars and thirty-three cents ($83.33) per active month of
service for the City to deposit into their HSA through September 2021. This initial deposit will be made
the first check of the month in which the member becomes enrolled in the City's group medical insurance.
12.5 Life Insurance:
Bargaining unit members are provided with a thirty-five thousand dollar ($35,000) term life and
accidental death policy with the premium paid by the City.
12.6 In the event a bargaining unit member is killed in the line of duty as per F.S.S. 112.191 (2)(f),as
amended from time to time,or suffers a catastrophic injury,as defined in F.S.S.440.02(37),as amended
from time to time,and provided for in F.S.S. 112.191 (2)(g), as amended from time to time, or partially
or totally disabled as provided for in F.S.S. 112.18,as amended from time to time, the City shall pay the
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entire COBRA premium for the member, spouse (until remarried) and/or dependents (until the end of
the calendar year in which the dependent child reaches age 26) who elect to continue on the City's
medical,dental,and/or vision plans.
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ARTICLE 13
LEGAL DEFENSE
13.1 The City will provide a bargaining unit member with a legal defense when a bargaining unit
member is listed as a defendant in a civil action,provided the bargaining unit member was acting
within the scope of employment at the time of the act or omission, which is the subject of the
action accused. The scope of the City's responsibilities is as set forth in Florida Statutes 111.07-
Defense of civil actions against public officers,employees,or agents. The City will not provide a
defense to an employee acting outside the scope of his/her employment who is charged with a
criminal action.
13.2 Bargaining unit members who volunteer their off-duty time to participate in City-authorized
events may be covered under Section 13.1 if a situation arises in which an off-duty bargaining
unit member was required to render job-related emergency services while volunteering at the
City-authorized event.
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ARTICLE 14
WAGES
14.1 Retroactive to October 1, 2018, the charts in Addendum "B" contain the step plan in effect for
bargaining unit members.
14.2 Bargaining unit members who are eligible for Assignment Pay pursuant to Article 26 will have
the corresponding amount(s) added to their base hourly rates of pay.
• Paramedic $3.75 over hourly base rate
• Technical Rescue $0.75 over hourly base rate
• Dive Rescue $0.75 over hourly base rate
14.3 The table in Addendum "B"will be used as an administrative guide to wage adjustments and/or
promotions through the ranks.
14.4 Step Plan:
(a) Year One: Upon ratification,retroactive to October 1,2018-September 30,2019
(i) The Fire Chief and Union President will place each bargaining unit member in the
appropriate step,and each bargaining unit member will receive the corresponding hourly
rate of pay.
(b) Year Two: October 1,2019-September 30, 2020
(i) Each bargaining unit member will advance to the next step in his/her rank and will
receive the corresponding hourly rate of pay.
(ii) Bargaining unit members who are at the maximum step will receive compensation in a
lump sum payment equal to three and a half percent(3.5%)of his/her current annualized
step.
(c) Year Three:October 1,2020-September 30,2021
(i) Each bargaining unit member will advance to the next step in his/her rank and will
receive the corresponding hourly rate of pay.
(ii) Bargaining unit members who are at the maximum step will receive compensation in a
lump sum payment equal to three and a half percent(3.5%)of his/her current annualized
step.
14.5 No cost of living increases/base wage increases or step increases, except those resulting from a
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promotion or assignment, shall be paid beyond September 30, 2021 unless specifically negotiated in a
successor Collective Bargaining Agreement or Memorandum of Understanding.
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ARTICLE 15
CALL BACK AND OVERTIME
15.1 Call Back:
Call Back is defined as any time a bargaining unit member is called into work when (s)he is off duty, or
when the work time is not contiguous with the member's shift. In the event of Call Back,the bargaining
unit member shall be paid for the actual time worked but not less than two(2)hours at a rate of pay one
and a half(1.5)times the member's hourly rate inclusive of Certification Assignment Pay. The procedure
for Call Back will be in accordance with Labor-Management Team guidelines. The Fire Chief can waive
the above provisions for operational purposes.
15.2 Overtime:
Overtime is defined as any time a bargaining unit member is required to stay longer than his/her
assigned 24-hour shift by his/her officer. Overtime shall be paid at the rate of one and one-half(1.5)
times the bargaining unit member's hourly rate inclusive of Certification Assignment Pay. Bargaining
unit members who are in a duty status less than fifteen (15) minutes either before their shift or after
their shift will not be eligible for overtime pay. Bargaining unit members who are in duty status for
fifteen(15)minutes or more either before their shift or after their shift must be so only with their officer's
approval in order to be eligible for overtime pay at the overtime rate.
15.3 Efforts are made to offer classes for renewing certificates on shift schedules. When these classes
are offered on a shift schedule,and a bargaining unit member elects to attend classes outside of the shift
schedule, (s)he will not be compensated. Additionally,bargaining unit members who attend classes that
are not required by the Chief(or Designee)will not be compensated.
15.4 No bargaining unit members shall be eligible for overtime or Call Back following the use of more
than twelve (12) hours of sick leave until they have reported to work for at least one (1) regularly
scheduled shift.
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ARTICLE 16
EXCHANGE OF TIME
16.1 General Provisions:
Bargaining unit members may exchange their working shift(s) and exchange their off-duty day(s) with
other bargaining unit members in accordance with the following provisions:
(a) The exchanging members shall assume responsibility for the exchange of time,including
step-up pay.
(b) The shift officers of the exchanging members shall not permit the exchange if it affects the
normal operation of work,if Call Back is required,or if step-up pay is required.
(c) Exchanges of time shall require at least twenty-four(24) hours of notice to the Battalion
Chief, except in the event of an emergency to the bargaining unit member, when the
exchange of that bargaining unit member does not affect the normal operation of that
shift(s).
(d) Exchanges of time submitted prior to eight (8) weeks (fifty-six (56) calendar days) in
advance will be tentatively approved. On the fifty-sixth (56th) calendar day in advance of
the scheduled exchange of time, the exchange of time will automatically receive final
approval unless the bargaining unit member has been notified of a necessary cancellation.
Any cancellation of an exchange of time will be in writing and received by the affected
bargaining unit member prior to the fifty-six(56) day time frame.
(e) No bargaining unit member may monetarily compensate another bargaining unit
member for an exchange of time.
(f) No bargaining unit member shall "owe" or be "owed" more than three hundred sixty
(360) hours at any given time. All exchanges of time shall be reconciled within eighteen
(18) months of use.
(g) Exchanges of time totaling more than three (3) consecutive shifts shall not be used to
circumvent any FMLA or ADA regulations.
16.2 Exchanges of Time Among Ranks:
For the purposes of this Article, the ranks of Firefighter and Firefighter 0/E shall be referred to as
"Firefighters"and Lieutenants,Captains and Battalion Chiefs shall be referred to as"Officers."
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(a) Firefighters may only exchange time with other Firefighters, with the exception of a
Firefighter 0/E who may also exchange time with a Lieutenant providing the following:
i. The City will not incur any costs of step-up pay(Working out of Classification)
for an exchange between Firefighter 0/E's and Lieutenants.
(b) Officers may only exchange time with other Officers as identified in the departmental
Standard Operating Procedures and with the exception stipulated in Section 16.2(a).
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ARTICLE 17
SICK LEAVE
17.1 Accrual:
Bargaining unit members shall accrue sick leave at a rate of twelve (12) hours per month for a total
annualized accrual amount of one hundred forty-four(144) hours. No bargaining unit member shall be
entitled to use sick leave in excess of the amount of accrued and unused hours (s)he has available. There
is no cap on the accumulation of sick time.
17.2 Notice of Use of Sick Hours:
(a) Unscheduled Sick: A bargaining unit member shall notify the on duty Battalion Chief (or
Designee), in a manner provided for by management, of his/her illness no later than 0700
hours,before the start of his/her scheduled shift.
(b) Scheduled Sick: A bargaining unit member may request with a minimum of seventy-two(72)
hours of advanced notice to use scheduled sick hours for a full shift for medical, dental,
optical, appointments and/or procedures. Documentation to support payment under the
"scheduled sick"pay code must be provided to the Deputy Chief of Operations within fifteen
(15)calendar days of the use of time. Unsubstantiated use of such time will result in the time
being re-coded to "sick." Scheduled Sick may not be utilized the shift before,the shift on,or
the shift after a City-observed holiday.
17.3 Documentation Required:
(a) For any use of sick time in excess of two (2) consecutive scheduled shifts, a bargaining
unit member is required to provide written medical certification to the Deputy Chief of
Operations upon return to work.
(b) Sick hours may be requested and/or utilized upon approval of the Fire Chief (or
Designee) for the following reasons:
(i) Member's health, or up to forty-eight (48) hours per fiscal year for illness of
immediate family member:the member's parent,spouse,registered domestic partner,or
child.
(ii) Medical,dental,or optical treatment.
(iii) Quarantine due to exposure to contagious disease.
For a Term Ending September 30,2021
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(iv) In connection with a member's Workers' Compensation case, where (s)he has
declined a light duty assignment or where no such assignment is available.
(v) In connection with an approved Family and Medical Leave Act(FMLA)leave for a
serious medical condition of the member,or the member's immediate family member,as
defined in (FMLA).
17.4 Bonus Hours for Unused Sick Time:
For every consecutive six (6) month period elapsing since the bargaining unit member's last sick
occurrence,the bargaining unit member will receive twenty-four(24)hours of vacation time.
17.5 Payout of Sick Leave:
(a) Bargaining unit members who have more than two hundred forty (240) hours of sick
leave as of April 1st may request to transfer (no later than April 1st) up to one hundred
(100) sick leave hours to vacation leave hours,provided that accumulated sick hours do
not fall below two hundred forty(240) hours as a result of the transfer. Transfer of this
time will be credited to the bargaining unit member's vacation bank during the month of
April.
(b) Bargaining unit members will have payment made for their accrued and unused sick
hours, at the percentage specified in the table below, upon resignation, termination,
retirement, change in status from full time to part-time, or death. (Retirement shall
include normal retirement, disability retirement, or early retirement as defined in the
Pension Plan).
Continuous Years of Service Percentage of Sick Leave Payout
Less than 5 full years 50%
5 years but less than 10 full years 50%
More than 10 full years 50%
Upon retirement from the City 50%
17.6 Bargaining unit members who call in sick,may return to work during the remainder of their shift
if they feel capable of performing their work duties and are not contagious. A member who returns to
work after calling in sick,must use a minimum increment of twelve (12) hours of sick leave before they
may return to work. Members who leave work during shift due to illness must remain out for the
For a Term Ending September 30,2021
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remainder of the shift.
17.7 Bargaining unit members who have exhausted their accumulated sick leave and are still unable
to return to work,may use accrued and available vacation leave. Members must make such requests to
the Fire Chief.
17.8 Use of Sick Hours:
(a) No more than two (2) working shifts, or forty-eight (48) hours,whichever is greater,in
any fiscal year,may be taken for sick leave because of illness within the immediate family.
For the purpose of this Section,the"immediate family"consists of the member's spouse,
registered domestic partner, parents, children, or any overage dependent, who resides
with the bargaining unit member,and for whom the member is the primary care giver.
(b) In the case of a prolonged, serious illness of the bargaining unit member or an eligible
family member, a bargaining unit member shall apply for FMLA as provided for in City
policies. The City may designate any qualifying leave as FMLA in accordance with the law.
Bargaining unit members requesting this family sick provision for other than an
immediate family member shall provide Human Resources with verifiable proof of
primary care giver status prior to the use of this provision.
17.9 Donating Sick Leave:
Sick leave donations maybe requested and used in accordance with City policy as amended from time to
time.
For a Term Ending September 30,2021
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ARTICLE 18
COMPASSIONATE LEAVE
18.1 In the event of the death of a family member of a bargaining unit member,the member shall be
granted one (1) shift day leave on a day of the member's choosing within two (2) weeks of the
death. The bargaining unit member shall be granted two (2) consecutive shift days leave on the
days of the member's choosing within two weeks of the death,if out of state travel for interment
is required.
18.2 "Family member" is defined as the bargaining unit member's spouse, registered domestic
partner,mother,father,stepfather,stepmother,foster parents,foster child,stepchild,mother-in-
law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents,
spouse's grandparents, grandchildren, brother, sister, son, daughter, step-brother, step-sister,
niece,or nephew.
18.3 Bargaining unit members utilizing this Article are responsible for providing a verifiable written
notice of death (i.e. obituary or copy of death certificate), to the Deputy Chief of Operations,
within thirty (30) calendar days of the last date of compassionate leave. Failure to do so will
result in the rescission of previously paid leave.
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LARTICLE 19
VACATION
19.1 The following plan outlines the vacation leave policy for bargaining unit members. Vacations will
be picked on a seniority basis and can be taken in increments of twelve (12) or twenty-four(24)
hours,one shift at a time.
19.2 Each bargaining unit member shall earn vacation leave,accumulated in hours,for each full year
of continuous service as outlined below. Vacation will be accrued in accordance with the
following schedule:
Years of Service Vacation Days Vacation Hours
DOE until First Anniversary 5 120
Beginning of 2nd year until Fourth Anniversary 6 144
Beginning of 5th year until Eighth Anniversary 7 168
Beginning of 9th year until Eleventh Anniversary 8 192
Beginning of 12th year until Fifteenth Anniversary 9 216
LBeginning of 16th year and after 10 240
19.3 In computing vacation leave earned,no increments will accrue for any twenty-one (21) day work
period that includes four(4) or more days of leave of absence without pay.
19.4 Bargaining unit members may accrue vacation hours up to the Allowable Maximum: the total
vacation hours (s)he accrued in his/her two (2) most recent years of employment. During the
fiscal year,vacation hours may accrue above the Allowable Maximum;however,any accrued and
unused vacation hours exceeding the Allowable Maximum as of September 30th of each year will
be forfeited,except for vacation hours earned during those fiscal year of this Agreement pursuant
to Article 17.4 (Bonus Hours for Unused Sick Time).
19.5 For special "one time" type of events, bargaining unit members will be allowed to accumulate
more than two years earned accrued vacation with the prior approval of the Fire Chief (or
Designee). Such approval must be received at a time prior to the two (2)year maximum accrual
that is equal to the extra accrual that is requested. Maximum accrual will be limited to three (3)
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years earned vacation. Example:A bargaining unit member may accrue twelve(12) shift days in
two (2) years. The bargaining unit member requests two (2) additional days beyond the
maximum. The member must submit his/her request for the two (2) additional days four (4)
months prior to his/her 12-shift day maximum for approval to extend the 12 days to 14 days.
19.6 Bargaining unit members requesting vacation time on the same day may be approved, on a
seniority basis at the time of request; however, it will not be approved if the issuing of the
vacation time results in Call Back or overtime.
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ARTICLE 20
PERSONAL TIME
20.1 Bargaining unit members may request to use his/her vacation time or compensatory time at a
minimum of two (2)hours and ata maximum of twelve (12) hours,providing that hours are not
fractionalized,for personal reasons while on duty. •
20.2 This privilege shall be available only when such use will not be detrimental to the
efficient/normal operation of the Fire Rescue Department as determined by the Fire Chief(or
Designee).
20.3 Efficient/normal operating levels shall be determined by minimum staffing as determined by the
Fire Chief.
20.4 Seniority will be a factor in granting personal use of vacation time requests prior to 0730.
Thereafter,documented time-stamped requests submitted at or after 0730 are considered in the
order of receipt: on a first come, first serve basis. Verbal requests are not considered. No
grievance procedures are available to any member regarding Section 20.4.
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ARTICLE 21
HOLIDAYS
21.1 The following days shall be considered holidays: New Year's Day, Martin Luther King Jr. Day,
President's Day,Memorial Day,Independence Day,Labor Day,Veterans' Day,Thanksgiving Day,
Day After Thanksgiving,Christmas Eve,and Christmas Day. The Parties agree to bargain over the
inclusion of any additional holidays declared by the City during the term of this Agreement.
21.2 Bargaining unit members who are in an active status on the date of a City observed holiday will
receive twelve (12)hours of pay at straight time.
21.3 Bargaining unit members may elect to defer the payment in Section 21.2 for all of the holidays in
Section 21.1 as Holiday Pay, at straight time, for which payment will be disbursed in the last
paycheck in September.
(a) Upon ratification of this Agreement, all bargaining unit members must sign the
following Annual Deferred Holiday Request Form to elect whether or not they wish to
have the remainder of their Holiday Pay deferred.
(b) For subsequent years of the Agreement,this form must be submitted to the Fire
Department's payroll representative no later than October 15th. If a form is not received
for a member,the member forfeits his/her right to defer Holiday Pay for that year of the
Agreement.
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IAFF ANNUAL DEFERRED HOLIDAY PAY REQUEST
CONTRACT YEAR
PRINT NAME:
DATE:
❑ I DO WANT MY HOLIDAY PAY DEFERRED
Member's Signature
NOTE:Members wishing to have their Holiday Pay deferred, hereby authorize the City to withhold their eleven (11)
paid holidays until the last pay period in September, with all proper withholdings taken out Members expressly
understand that at no time during this period under any circumstances, except if no longer covered under the
bargaining unit,will they be eligible to receive any deferred monies until the last paycheck in September.
❑ I DO NOT WANT MY HOLIDAY PAY DEFERRED
Member's Signature
DEADLINE: October 15th of Agreement Year
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ARTICLE 22
COURT TIME
22.1 Any bargaining unit member who is summoned or subpoenaed to appear in a court of law,while
off duty,as a result of his/her employment as a bargaining unit member,will be paid for his/her
court time at the rate of one and one-half(1.5)times his/her current hourly rate,excluding travel
time,provided the Deputy Chief of Operations is given prior notification so that the Deputy Chief
of Operations has the opportunity to schedule such appearance during regular duty hours. The
bargaining unit member will receive a minimum of three (3) hours pay, and the member shall
return all fees received from the Court to the City. This Section does not apply when the
bargaining unit member is required to appear on a day that they are on duty.
22.2 A bargaining unit member who is required by a court of law to appear for jury duty during a day
when they are on duty shall return all fees received from the court to the City, excluding travel
expenses. The bargaining unit member shall notify the Battalion Chief through his/her Chain of
Command upon receipt of a summons for jury duty.
22.3 A bargaining unit member who has been instructed to remain on standby for court appearance
pursuant to section 22.1 during the member's off-duty hours shall be paid one-half (0.50) 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 a bargaining unit member is required to standby for eight(8)hours,
the bargaining unit member shall receive four (4) hours plus one (1) additional hour at straight
time. If a bargaining unit member does go to court(s)he will be paid for the court time indicated
in Section 22.1 and will not receive any standby time pay.
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ARTICLE 23
WORKING OUT OF CLASSIFICATION
23.1 A bargaining unit member who is assigned the duties and/or responsibilities of a range above
his/her current classification in the absence of his/her direct Officer will be compensated an
additional five percent(5%)of his/her hourly rate per rank for working out of classification,with
the exception of working as a Lieutenant,in which case the Firefighter 0/E shall be compensated
an additional eight percent(8%) of his/her hourly rate,except during the use of Exchange Time
pursuant to Article 16. When assigned,the bargaining unit member shall accept the duties and
responsibilities of the position. For purposes of this Article, the internal ranking of Firefighter
and Firefighter 0/E shall be considered as one classification: Firefighter. In the absence of the
Captain position assigned each day, one (1) Lieutenant will be assigned to step up for the shift.
For the stations' Captain positions, step up assignments shall not be utilized when a Captain is
absent on leave or is performing an alternative assignment, unless scheduled by the Fire Chief
(or Designee).
23.2 Higher classification assignment for acting Lieutenant(s) and Captain(s) shall be made on a
L rotating basis as described in Sections 23.2(a) and 23.2(b). All assignments shall be logged as
part of daily permanent records. Assignments will not be changed to intentionally avoid
payment.
(a) First, eligible members for acting Lieutenant and Captain assignments shall be
chosen from the most current promotional eligibility list with respect to assigned
shift(s). This provision is effective following ratification and upon the
establishment of the Lieutenant eligibility list and of the establishment of the
Captain eligibility list respectively.
(b) If no one is available pursuant to Section 23.2(a),then eligible members for acting
Lieutenant and Captain assignments shall be certified by the Department's
Training Section and hold a valid State Fire Officer I certification. Members will
have until September 30,2019 to meet the requirements in this section.
23.3 Higher classification assignment for an acting Battalion Chief shall be determined by the Deputy
Chief of Operations in conjunction with the assigned Battalion Chief,as described under Sections
For a Term Ending September 30,2021
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23.3(a) and 23.3(b):
(a) First,eligible members for acting Battalion Chief assignment shall be chosen from
the most current promotional eligibility list with respect to assigned shift(s). This
provision is effective following ratification and upon the establishment of the
Battalion Chief eligibility list.
(b) If no one is available pursuant to Section 23.3(a),then eligible members for acting
Battalion Chief assignment shall be a non-probationary Captain.
For a Term Ending September 30,2021
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ARTICLE 24
EDUCATION
24.1 Non-probationary bargaining unit members are permitted to attend schools or classes for Career
Ladder requirements while on duty,using personal time,as defined in Article 20,for the purpose
of obtaining the education required for advancement or the updating of skills and knowledge,
provided that such leave will not reduce the manpower of any shift below acceptable limits or
result in overtime, as determined by the Battalion Chief. Reimbursement rates are set and
published each fiscal year by the Fire Chief(or Designee)and are not intended to exceed Florida
In-State tuition rates. Course selection and attendance must be pre-approved by the Deputy Chief
of Operations.
24.2 The City will reimburse eligible members for tuition pursuant to the City's Tuition Assistance
Program,which is attached as Addendum"F". The provisions of this Section and Addendum "F"
relate to the reimbursement assistance for General Education Core Courses and Degree Program
Core Courses (other than those specified as required for Career Ladder advancement). For the
term of this Agreement,Tuition Assistance is funded at twenty-five thousand dollars ($25,000)
per fiscal year.
24.3 The City may provide an opportunity for sending bargaining unit members to approved out-of-
town training classes, subject to budgeted funds. A list of classes will be posted so each
bargaining unit member has the opportunity to request classes of his/her choice. Approved City
travel pay is in accordance with City policy.
24.4 Bargaining unit members are allowed to use on-duty time, without loss of vacation time, for
classes necessary to remain certified in their current classification,or for classes required by the
City.
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ARTICLE 25
EDUCATIONAL SUPPLEMENTAL COMPENSATION
25.1. Bargaining unit members are eligible for a monthly education supplemental compensation
payment not to exceed the supplemental compensation limits set forth in applicable Florida
Statute, FSS 633.422, as amended from time to time, and the corresponding regulations in the
Florida Administrative Code.
25.2. The City will match the supplemental compensation payment as provided in Section 25.1.
25.3. In the event that the supplemental compensation payment, as referenced in Section 25.1, is
discontinued or adjusted for any reason,the City's contribution will not change and will remain
consistent with the amount provided throughout the term of this Agreement.
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LARTICLE 26
ASSIGNMENT PAY
26.1 Bargaining unit members holding a valid and current Paramedic certificate in accordance with
the Florida Statutes and who perform active Paramedic duties as assigned by the Fire Chief and
Medical Director will receive an additional hourly rate of three dollars and seventy-five cents
($3.75),which is considered wages.
262 A bargaining unit member holding a valid and current Paramedic certificate in accordance with
Florida Statutes who could perform the duties as assigned by the Fire Chief and the Medical
Director, but who is inactivated, either by choice or administrative direction, as an active
Paramedic and is not on assignment as a Paramedic by the Fire Chief,will no longer receive the
Paramedic Assignment Pay in Section 26.1.
26.3 Bargaining unit members selected to serve as the Technical Rescue Team (TRT) in accordance
with criteria set forth by the Department and who perform TRT duties as assigned by the Deputy
Chief of Operations will receive an additional hourly rate of seventy-five cents ($0.75),which is
considered wages.
L 26.4 Bargaining unit members selected to serve on the Dive Rescue Team in accordance with criteria
set forth by the Department and who perform Dive Team duties as assigned by the Deputy Chief
of Operations will receive an additional hourly rate of seventy-five cents ($0.75), which is
considered wages.
26.5 At any time a bargaining unit member is no longer certified or is inactivated,either by choice or
administrative direction, (s)he will no longer receive the corresponding Assignment Pay in
Section 26.3 and/or Section 26.4.
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ARTICLE 27
LICENSES AND REGISTRATION FEES
27.1 The City shall pay the fee for any license required by the City for employment purposes, such as
EMT renewals or certificates.
272 In the event of any changes required by law regarding driver's license requirements for
firefighters,the City and Union agrees to reopen this Article for negotiations.
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ARTICLE 28
SENIORITY LIST
28.1 The Fire Rescue Department shall establish a seniority list and it shall be updated on January 1st
of each year. Such list shall be posted thereafter on the bulletin board at each Fire Station and
shall be considered correct unless objection is raised within thirty (30) calendar days of the
posting. After thirty(30) calendar days,it shall stand approved,unless documented evidence is
presented to justify changes or adjustments.
28.2 A bargaining unit member's seniority is established from the date of employment by the City of
Boynton Beach Fire Rescue Department. If two (2) or more members are employed on the same
date, the seniority standing shall be determined by the member's Fire Rescue Department ID
number. The lower the ID number,the higher the position on the seniority list.
28.3 Layoffs and staffing cutbacks for bargaining unit members shall be determined by the seniority
list. The bargaining unit member with the highest fire department employee number on the
seniority list will be laid off first and so on down the list. In the event of layoffs and/or cutbacks,
the City agrees to notify the Union President in writing, no less than fifteen (15) calendar days
prior to said action. Bargaining unit members who are laid off shall have recall rights for a period
of twelve (12) months and shall be recalled in the reverse order in which they are laid-off, i.e.,
last laid off will be first recalled. No employees will be hired into any bargaining unit
classification while a laid off member has recall rights.
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ARTICLE 29
VACANCIES AND PROMOTIONS
29.1 Budgeted promotional vacancies approved to be filled by the City Manager, will be announced
within thirty (30) calendar days and selections will be made from the appropriate established
eligibility list.
29.1(a) Selections of two (2) Captain vacancies will be made on February 18, 2019 from
the existing Captain promotional list. Future vacancies will be filled in accordance
with this Article.
29.1(b) Selections of five (5) Lieutenant vacancies will be made on February 18, 2019
from the existing Lieutenant promotional list. Future vacancies will be filled in
accordance with this Article.
29.2 Minimum requirements for promotion eligibility are outlined in Addendum "C". In order to be
eligible, a candidate must meet the minimum requirements of the desired position as of the
specified closing date of the posting (last date/time applications will be accepted).
29.3 The establishment of eligibility lists for the ranks of Lieutenant,Captain,and Battalion Chief will
be through a competitive process,as determined by the Fire Chief(or Designee)and the Director
of Human Resources and Risk Management(or Designee).
29.4 Announcements for promotional processes will be sent via e-mail to the Fire Department
distribution list at least sixty (60) calendar days prior to the initial exam for the process. The
announcement will include at a minimum the following information:
(a) Reference to source material in a non-editable format and/or links obtainable
through the Fire Department's shared network.
(b) Weight and components of promotional process.
(c) The minimum passing score for each exam component.
(d) The specification and allotment of any additional points as outlined in Section
29.5.
Within thirty(30) calendar days prior to a written exam,the date,time,and location of the exam will be
secured and provided to candidates. Efforts will be made to provide five (5) calendar days between the
written exam and practical exam components.
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29.5 Additional Points (Effective October 1, 2019):
(a) Seniority,educational,and/or certification points are awarded as follows:
Seniority Points:
0.25 points per continuous year of service as of the closing date of the posting.
(No maximum)
Education Points:
Associate's Degree: 0.25 points
Bachelor's Degree: 0.50 points
Master's Degree: 1.00 points
(Points issued for highest level of degree only)
Certification Points:
Fire Officer I: 0.25 points
Fire Officer II: 0.50 points
(Points issued for highest level of certification achieved)
(b) Upon successful completion of the promotional process,Additional Points are added to
the scores to establish the final ranking of the eligibility list.
29.6 A candidate must achieve a minimum passing score on each exam component in order to be
considered for the eligibility list. Scores will be rounded to the hundredths decimal point.
29.7 Written Exam.Review and Challenges:
(a) Written exams are proctored by a minimum of one representative from Fire Administration,
one representative from Human Resources,and one non-testing representative of the Union.
(b) The written exam consists of one hundred ten(110)questions taken directly from the source
materials. One hundred of the questions will be graded and worth one (1) point each. The
ten additional questions contained within the exam (and determined prior to testing) are
designated as"alternate questions"and will only be used for scoring if a question is removed
due to a challenge.
(c) Candidates will be given an opportunity to review the written exam immediately following
the last exam submission. Source materials will be made available to candidates for the
purpose of refuting the validity of any question on the exam. In the event a candidate decides
44
to challenge a question,the exam proctors will confer regarding the merits of each challenge
and will render a final decision as to whether the challenge will be upheld. This challenge
will be done prior to scoring of the exams. If the challenge is upheld, the question will be
thrown out(as if it never existed)and the first of the pre-determined ten alternate questions
will be substituted to replace the question that had been removed due to the upheld
challenge.
29.8 Exam Results and Selection:
The ranking of all successful candidates shall be certified by the Director of Human Resources and Risk
Management (or Designee) and posted in the form of an eligibility list. The Fire Chief may select for
promotion any candidate in the top three (3) of the position's established eligibility list, and the City
Manager approves the promotion. Once the promotion is made from the top three, the remaining
candidates move up on the list. The eligibility list remains active for two (2) years from the date of
establishment or until the list is depleted, whichever is sooner. A bargaining unit member who is not
selected for promotion may request a meeting with the Fire Chief.
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L. ARTICLE 30
BULLETIN BOARDS
The City shall furnish at each fire station a minimum of 3'x 4' space for bulletin boards for the purpose
of Union notices. Any notice or item placed on the bulletin board shall bear on its face the legible
designation of the person responsible for placing such notice or item on the board. The Union supplies
the bulletin boards. The Union holds the City harmless for any content posted on its bulletin board.
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ARTICLE 31
NOTIFICATION AND DISTRIBUTION
31.1 The Union's Legislative Vice President shall receive notification of the agendas and minutes of all
regular and special meetings of the City Commission.
31.2 The Union will be provided with a copy of departmental Rules and Regulations, Standard
Operating Guidelines, Policies, and Procedures. The Union will be provided with updates
pursuant to Article 7 of this Agreement.
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L. ARTICLE 32
GRIEVANCE AND ARBITRATION
32.1 A grievance is defined as a dispute or disagreement involving the application or interpretation of
the express provisions of this Agreement. Issues or disputes, which are not grievances as so defined,
shall not be subject to arbitration but may be processed through the grievance procedure. The Parties
agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute
involving the application or interpretation of the Agreement.
32.2 Grievance Procedures:
(a) Intent to Grieve-Petition Notice
An aggrieved employee shall submit in writing a signed Petition to the Union Grievance
Committee,which is comprised of the Union Executive Board,on or by the fifteenth(15th)
calendar day of the occurrence or on or by the fifteenth (15th) calendar day of when the
member knew or should have known of the occurrence. Within fifteen(15)calendar days
of receipt of the Petition,the Union Grievance Committee will make a determination as to
whether or not a grievance has merit to be advanced to Step One. The determination of
the Union Grievance Committee is final and not subject to grievance,arbitration,or other
review. The Union reserves the right to represent or not represent employees who are
not members of the Union as provided by law.
(b) Step One-Fire Chief(or Designee)
The Union Grievance Committee shall submit in writing(via electronic e-mail to the Fire
Chief with a CC: to the Director of Human Resources and Risk Management) a Step One
grievance on behalf of an individual member or group of members on or by the thirtieth
(30th) day of the occurrence or of when the bargaining unit member(s) knew or should
have known of the occurrence.
(i) All Step One grievances shall include the following:
a. Statement of the grievance and the facts and circumstances upon which it is
based;
b. Name and job title(s) of grievant(s);
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48
c. The Article(s)and Section(s) of the Agreement alleged to have been violated;
and
d. The remedy requested.
(ii) All Step One class action grievances shall also include:
a. Statement indicating the grievance is a class action;and
b. Signature of an IAFF Union Official.
(iii) In the event a Step One grievance does not contain the required information listed
above, the Fire Chief (or Designee) may return the grievance to the Union by
electronic mail with a written notification identifying the missing information and
deeming the grievance as"incomplete."
(iv) An"incomplete"grievance must be returned to the Union on or by the tenth(10th)
calendar day of receipt of the grievance. The Union will then have ten (10)
calendar days from the date of receipt of the incomplete grievance to resubmit a
complete grievance. If a complete grievance is not resubmitted on or by the tenth
(10th) day of receipt, it will be deemed "withdrawn," and the Union will not be
able to resubmit it.
The Fire Chiefs detailed Step One response shall be transmitted to the Union via electronic mail
on or by the tenth (10th) calendar day of receipt of a complete grievance.
(c) Step Two-City Manager(or Designee)
If no agreement is reached at Step One,the Union may file a Step Two written grievance
on behalf of grievant(s) by electronic mail to the City Manager with a CC:to the Director
of Human Resources and Risk Management on or by the tenth (10th) calendar day of
receipt of the Step One response. The Step Two written grievance shall describe with
specificity the information on which the Union is relying to establish why it believes the
Fire Chief's Step One response is not agreeable. The City Manager (or Designee), at
his/her discretion, may conduct interviews with the grievant(s), the Union
representative(s), members of the bargaining unit, and/or management to discuss the
grievance. The City Manager (or Designee) must notify the Union within ten (10)
calendar days of receipt of the Step Two appeal if(s)he intends to conduct an interview
For a Term Ending September 30,2021
49
with the grievant(s). Once such notification is made, the time period for the City
Manager's (or Designee's) Step Two response is tolled until the interviews can be
scheduled and conducted. The City Manager(or Designee)shall respond in writing to the
Step Two grievance by electronic mail on or by the thirtieth (30th)calendar day of receipt
of the Step Two grievance or on or by the thirtieth (30th) calendar day following an
interview with the grievant(s),or regarding the grievant(s),if an interview occurred.
(d) Step Three-Arbitration
If no agreement is reached at Step Two, the Union may refer the grievance on behalf of
the grievant(s) to Arbitration by notifying the City Manager with a CC: to the Director of
Human Resources and Risk Management by electronic mail on or by the fifteenth (15th)
calendar day of receipt of the Step Two response. The City may also request Arbitration
by notifying an IAFF Union Official by electronic mail on or by the fifteenth(15th)calendar
day of submitting the Step Two response.
32.3 The Parties agree to the aforementioned step procedure outlined in this Article and acknowledge
that the Parties can only extend stated deadlines by written agreement that matters are temporarily(not
to exceed ten (10) calendar days) being held in abeyance. Extensions shall never be inferred by the
conduct of a Party and shall always be in writing. If the Union or Grievant fails to timely file or timely
advance a grievance to the next step,the grievance is deemed"withdrawn"and cannot be refiled. If the
City fails to timely respond at any step,the Union or Grievant may proceed to the next step. Grievances
at all steps shall be submitted by electronic mail and shall include the Director of Human Resources and
Risk Management as a copied recipient. For the purpose of this Article, "of receipt"shall mean the date
the electronic mail message was sent. The Union reserves the right to represent or to not represent
employees who are not members of the Union as provided by law.
32.4 Arbitration Procedures:
The Party requesting arbitration shall initiate arbitration on or by the tenth (10th) day of receipt of
Arbitration notice as referenced in Section 32.1.4.a. by filing a request with the Federal Mediation and
Conciliation Service (FMCS) for a panel of seven (7) arbitrators with a business office in the State of
Florida. A copy of this request shall be served on the other Party.
(a) Arbitrator Selection
For a Term Ending September 30,2021
50
LEach Party retains the right to reject one arbitrator panel in its entirety and request that a new
panel be issued. The Party requesting arbitration shall strike the first name with each Party
alternating strikes thereafter until only one arbitrator's name remains. The person remaining
shall be the arbitrator. The arbitrator shall determine the date(s) and time(s) of the hearing
subject to the availability of the Union and the City. Arbitration will be conducted at a location
determined by the Parties.
(b) Arbitration Fees and Expenses
All fees and expenses of the arbitrator shall be divided equally between the Union and the City;
however, each Party shall fully bear the expense of preparing and presenting its own case,
including the cost of witnesses and other people it requires to attend the arbitration.
(c) Arbitrator Authority and Award
The power of the arbitrator shall be limited to the interpretation and application of the written
terms of this Agreement. In no event shall the terms and provisions of this Agreement be deleted,
modified,or amended by the arbitrator. The arbitrator shall consider and decide only the specific
issues raised by the grievance when it was submitted in writing to the City at Step One and the
L arbitrator shall have no authority to make his/her decision on any issue not submitted to
him/her. The arbitrator shall submit his/her decision in writing with a statement of findings and
reasons within thirty(30)calendar days of the receipt of briefs,if any,or receipt of the transcript
if Parties have agreed to submit the arbitration transcript in lieu of briefs. In the event the
arbitrator finds a violation of the Agreement, the arbitrator shall determine an appropriate
Award. The arbitrator's Award shall not be greater than the restoration of the bargaining unit
member to his/her most recent position held and the monetary value of the employee's back
wages and benefits to make the employee"whole."
(d) Other Provisions
A transcript of the Hearing will be made, unless waived by both Parties. Briefs, if any,must be
filed with the arbitrator no later than thirty(30)days after the close of the Hearing or after receipt
of the transcript, if a transcript is requested by either Party. Settlement of a grievance prior to
the issuance of an arbitration Award shall not constitute precedent nor shall it constitute an
admission that the Agreement has been violated.
For a Term Ending September 30,2021
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ARTICLE 33
PREVAILING RIGHTS
All job rights and benefits authorized or permitted by the City Manager or Fire Chief and continuously
enjoyed by bargaining unit members and not specifically provided for or abridged by this Agreement
shall continue in full force or effect for the term of this Agreement. Except as specifically provided in this
Agreement,this Agreement should not be construed to deprive any bargaining unit member of benefits
or protections granted by the Laws of the State of Florida or Ordinance and Resolutions of the City of
Boynton Beach. Provided, however, nothing in this Agreement shall obligate the City to continue
practices or methods which are unlawful or unsafe.
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ARTICLE 34
SAVINGS CLAUSE
34.1 If any provision (Article or Section) of this Agreement is found to be invalid, unlawful, or
unenforceable, by any court having jurisdiction or by reason of any existing or subsequently
enacted legislation or judicial authority,the remaining provisions of this Agreement shall remain
in full force and effect.
34.2 In the event of such finding, either Party may request to open negotiations for a substitute
provision by notifying the other Party in writing within thirty(30) calendar days of the date the
provision was invalidated.
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ARTICLE 35
APPENDICES.AMENDMENTS AND ADDITIONS
All appendices,amendments and additions to this Agreement shall be numbered or lettered, dated and
signed by the responsible parties,and shall be subject to all other provisions of this Agreement.
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ARTICLE6
3
SUCCESSORS
This Agreement shall be binding upon the successors and assigns of the Parties hereto,and no provisions,
terms, or obligations herein contained shall be affected, modified, altered or changed in any respect
whatsoever by any change of any kind in the ownership or management of either Party hereto.
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L
ARTICLE 37
COMPENSATORY TIME
37.1 Bargaining unit members maybe eligible for compensatory time at the discretion of the Fire Chief
(or Designee) for participating in required educational and/or required training activities,
special projects, and/or events as approved by the Fire Chief(or Designee). All compensatory
time will be earned at the rate of one and a half(1.5) hours for each one (1) hour worked [in
quarter(0.25) hour increments] and with a maximum cap of one hundred twenty(120) hours.
37.2 If a bargaining unit member's compensatory time balance is between ninety-six (96) and one
hundred twenty (120) hours, the bargaining unit member is no longer eligible to earn
compensatory time until the balance falls below ninety-six(96)hours. A bargaining unit member
who reaches the maximum compensatory time threshold must schedule and take a minimum of
twenty-four (24) compensatory leave time within ninety (90) days of accruing time to the
maximum threshold. In the event the bargaining unit member fails to schedule and take twenty-
four (24)hours of compensatory time during the ninety(90) day period,the first available date
L after the ninety (90) day period will be assigned by the Deputy Chief of Operations as a
mandatory twenty-four (24) hour scheduled compensatory time day. During this referenced
ninety (90) day period of time, the bargaining unit member is not allowed to accrue any
additional compensatory time.
For a Term Ending September 30,2021
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ARTICLE 38
MANAGEMENT RIGHTS
38.1 The Union and the bargaining unit members recognize and agree that the City has the exclusive
right to manage and direct the various departments of the City. Accordingly, the powers and
authority which the City has not specifically abridged, delegated, or modified by the express
provisions of this Agreement are retained by the City.
38.2 Therefore, the City specifically, but not by way of limitation, reserves the exclusive right to
determine the mission of the City and its various departments, divisions and other units of
organization. The City specifically reserves the sole and exclusive right(s) to decide the scope
and method of service;to hire,promote,and/or otherwise determine the criteria and standards
of selection for employment; and to terminate,demote,suspend, or otherwise discipline for just
cause. Any right or privilege of the City not specifically relinquished by the City in this Agreement
shall remain with the City.
38.3 The City Manager and City Commission, in accordance with the City Charter have the authority
to determine the purpose and mission of the City and the amount of budget to be adopted.
38.4 If,at the discretion of the City Manager,it is determined that civil emergency conditions exist,i.e.,
riot, civil disorder or natural disaster, the provisions of this Agreement may be suspended for
good cause by the City Manager during the time of such emergency, provided that the Union is
notified as soon as is practical and further provided that wage rates and monetary fringe benefits
shall not be suspended.
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ARTICLE 39
SUPPLEMENTAL RETIREMENT INSURANCE
39.1 Boynton Beach Firefighters Retirement Insurance Fund:
The Union established its own retiree insurance benefit fund (hereinafter referred to as "the
Fund") to provide full or partial health and welfare insurance premiums on behalf of employees
of Boynton Beach Fire Rescue (The Department) who retired on or after October 1, 2005, and
who met certain other established eligibility requirements. Any and all eligibility requirements
and benefits provided will be determined solely by the board of Trustees of the Boynton Beach
Firefighters Retirement Insurance Fund. All employees covered by this Agreement shall be
eligible to participate in the Fund as are non-covered members who participate in the
Firefighter's Pension Plan.
39.2 City Contribution of Funds:
Effective October 1, 2010,the City increased on behalf of each employee,a contribution equal to
one-half(0.5%) percent of the current gross annual payroll of active department members (for
an accumulative total of 3.0%per year). The base pay rate is set forth in the Collective Bargaining
Agreement between Local 1891 and the City of Boynton Beach and in the Boynton Beach Pay Plan
at the time the contribution is made.
39.3 In subsequent years,throughout the term of this Agreement,the City will contribute an amount
derived from the cumulative amount not paid to employees from the inception of the Fund on
October 1, 2005 on behalf of each employee in a pay status before ratification of this Agreement.
39.4 Annual Payment of Funds:
In subsequent years, the annual contribution, an amount derived from the cumulative amount
not paid to employees shall be remitted to the Fund by October 15th, and each October 15th
thereafter,provided that the department has received a written invoice for said benefits. Failure
to submit a written invoice shall not bar the Union from receipt of said funds,but shall allow the
City thirty(30)days to provide the funds,which shall be retroactive. The City shall pay the annual
contribution on October 1st of each fiscal year of this Agreement on behalf of each employee who
was in an active pay status on October 1, 2018. Accompanying the contribution,the City shall
provide a list of all department members for whom payment was made.
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39.5 Termination of Fund:
Contribution to the Fund,as provided in this Article was negotiated and agreed to by the Parties
in lieu of a wage increase. In the event of termination of Fund,the wage increase specified in this
Article shall be added to each active employee's then current base annual pay, as such base pay
rate is set forth in the Collective Bargaining Agreement and the City of Boynton Beach Pay Plan
at the time of termination of the Fund.
39.6 Indemnification:
The Union shall indemnify,and hold the City harmless against any claim,demand,suit,or liability,
and for all legal costs arising in relation to the implementation, or administration, of the Fund,
except to the extent that the City's acts or omissions give rise to its own liability.
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ARTICLE 40
COLLATERAL DOCUMENTS
40.1 The collective bargaining agreement does not exist in a void. Provisions,as amended from time
to time, of the City's Personnel Policy Manual (PPM), the City's Administrative Policy Manual
(APM), Department Rules and Regulations, and other policies established by Resolution or
Ordinance (collectively referred to as collateral documents), are applicable to bargaining unit
members unless the terms of said collateral documents conflict with the terms of this Agreement,
in which case the terms of this Agreement shall control. Specific applicable collateral documents
will be discussed and approved by the Labor-Management Team.
40.2 The City will provide draft revisions of collateral documents to the union for review to ensure
that said documents are not in conflict with,and do not impact policies relied upon by the Union
and absent in this Agreement.
40.3 Nothing herein shall be interpreted to preclude the right of the Union or City to impact bargain,
subject to applicable law.
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ARTICLE 41
PENSION
41.1 The City and the Union conformed to the statutory requirement to negotiate provisions of SB 172,
codified as Laws of Florida 2015-39 by entering into a Mutual Consent Agreement, which is
attached as Addendum"D".
41.2 The City and the Union agree to amend provisions of the pension as outlined in the Pension
Agreement,which is attached as Addendum "E".
41.3 The Union agrees to reopen this Article for negotiations regarding Ordinance 18-222 upon
written notice by the City at any time during the term of this Agreement.
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ARTICLE 42
DRUG FREE WORKPLACE
42.1 Both the City and the Union recognize that substance abuse is a widespread problem within our
society. The Union will assist bargaining unit members in obtaining assistance and treatment,if
alcohol and/or substance abuse are apparent. The Union endorses the Drug Free Workplace
Policy of the City of Boynton Beach and will cooperate fully with the City to continue with the
implementation and enforcement of the policy.
42.2 The Drug-Free Workplace Policy and procedures for Post-Accident and Random Drug and
Alcohol testing is in effect and outlined in the attached Addendum "A".
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ARTICLE 43
WELLNESS/FITNESS PROGRAM
43.1 To support a healthy workforce,the Union and the City commit to developing and implementing
a voluntary Wellness and Fitness Program based on the recommendations of the IAFF / IAFC
Joint Labor-Management Initiative.
43.2 The Wellness/Fitness Program will be offered in such a way that each fire fighter is encouraged
to obtain a level of wellness/fitness consistent with the duties (s)he performs and his/her
individual abilities. The wellness/fitness program is intended as a positive program and is not
punitive in design.
43.3 The Fire Department's Health and Safety Officer will develop and maintain safe and clear
objectives and provide a supportive and productive atmosphere to all bargaining unit members
participating in the program. The program shall consist of physical and mental fitness and
nutritional components. The Department's Health and Safety Officer will also compile
individuals'fitness data for eligibility of annual assessment performance.
43.4 A Wellness/Fitness Pool(hereinafter referred to as"WFP")will be established for bargaining unit
members to use for the purpose of participating in Wellness and Fitness resources. Any and all
eligibility requirements and benefits provided shall be determined by the committee comprised
of the Union Executive Board in consultation with the Fire Chief(or Designee),Director of Human
Resources and Risk Management (or Designee) and the Union President (or Designee). All
bargaining unit members are eligible to utilize available resources provided,in accordance with
the Standing Procedures.
43.4.1 The City will contribute eight(8)hours per active bargaining unit member
to the Wellness/Fitness Pool "WFP" upon ratification of this Agreement.
Thereafter, bargaining unit members will be able to fund the pool with
donations as needed. Sick time donations are at a fifty percent (50%)
conversion rate and vacation and compensatory time donations are at a
one hundred percent(100%) conversion rate.
43.4.2 Wellness/Fitnees Pool ("WFP") time must be used in a minimum of two
(2) hour increments. When scheduled use of WFP time results in
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overtime for another bargaining unit member, the WFP time will be
charged at(drawn down by)time and one-half(1.5)to minimize the cost
to the City of a member's absence.
43.5 Participating bargaining unit members, after successful completion of an annual assessment
performance,in accordance with the standards set forth by the Committee,are eligible to convert
up to five hundred dollars ($500.00), after pension deductions, of any combination of vacation
and/or sick time at a 100%conversion rate into their H.S.A.within sixty(60)days of completion.
The provisions in Section 43.5 expire on September 30,2021.
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L
ARTICLE 44
MODIFIED WORK/LIGHT DUTY
44.1 Modified Work/Light Duty Assignments (Workers'Compensation):
A bargaining unit member who has been released to work with restrictions may be accommodated with
a modified work/light duty assignment at the discretion the Director of Human Resources and Risk
Management and the Fire Chief. A bargaining unit member may choose to accept or decline the modified
work/light duty assignment. If a bargaining unit member declines an offer of a modified work/light duty
assignment, the bargaining unit member is required to remain off work until released to full duty with
no restrictions,and during this time, (s)he will be required to use accrued and available leave time in the
following order: sick and vacation. Additionally, a bargaining unit member who declines an offer of a
modified work/light duty assignment and who meets the eligibility requirements for leave under FMLA,
will have his/her time off automatically designated as FMLA. For more information regarding modified
work as it pertains to Workers' Compensation, contact the Human Resources and Risk Management
Department.
44.2 Modified Work/Light Duty Assignments (Other):
L The City complies with the Americans with Disabilities Act Amendments Act (ADAAA) to provide
reasonable accommodations to bargaining unit members who request them and are qualified. A
bargaining unit member may request an accommodation and/or more information by contacting the
Human Resources and Risk Management Department. Due to federal laws surrounding leave and
accommodations,all Modified Work/Light Duty requests must be made directly to the Human Resources
and Risk Management Department and are subject to approval by the Director of Human Resources and
Risk Management (or Designee). Human Resources may consult with the Fire Chief (or Designee)
regarding a bargaining unit member's work restrictions in order to assist in evaluating the feasibility of
an accommodation.
L
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ARTICLE 45
DURATION
45.1 This Agreement shall be in force and effective upon ratification by both parties and remain in full
force and effect until September 30, 2021. If all issues are not resolved by September 30, 2021,
this Agreement remains in force and shall constitute the status quo during any period of
negotiations for a successor Agreement.
45.2 Negotiations for a successor Agreement shall begin no later than April 1, 2021 upon written
notice from either Party to the other.
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Is UNION CONTRACT-ADDENDUM"A"
DRUG FREE WORKPLACE POLICY
1.1 PURPOSE
The City of Boynton Beach is committed to providing a safe work environment for its employees and our
community. Drug and alcohol abuse is national problem that is prevalent in society and impairs the
health and safety of employees, promotes crime and harms our local community. Moreover,the illegal
possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the
integrity of all employees in the City. The City is addressing this problem through its DRUG FREE
WORKPLACE Program.
Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance our
respect for individual privacy with our need to keep a safe and productive drug and alcohol free
environment. We encourage those who use drugs or abuse alcohol to seek help in overcoming their
problem. The City considers substance abuse to be an unsafe and counterproductive work practice.
1.2 SCOPE
This policy applies to all employees of the City of Boynton Beach.
1.3 DEFINITIONS
L 1. "Chain of Custody" refers to the methodology of tracking specified materials or substances for
the purpose of maintaining control and accountability from initial collection to the final
disposition for all such materials or substances and providing for accountability at each stage in
handling,testing,and strong specimens and reporting test results.
2. "Confirmation Test", "confirmed test" or"confirmed drug test" is a second analytical procedure
used to identify the presence of a specific drug or metabolite in a specimen,which test procedure
used to identify the presence of a specific drug or metabolite in a specimen,which test must be
different in scientific principle from that of the initial test procedure and must be capable of
providing requisite specificity,sensitivity,and quantitative accuracy.
3. "Drug" means alcohol,including distilled spirits,wine, malt beverages,and intoxicating liquors;
amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone;
opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of
any of the substances listed herein. Threshold detection levels are established by Florida
regulations. Therefore activities participated in while off duty may result in positive drug tests.
For DOT covered employees, alcohol includes any intoxicating agent in beverage alcohol, ethyl
alcohol,or other low molecular weight alcohols. Consumption of a preparation including alcohol
(beverages or medicines) A list of the most common medications which may alter or affect a
For a Term Ending September 30,2021
67
drug test are found in Section 1.5, Letter I of this policy. Employees and job applicants should
review this list prior to submitting to a drug test.
4. "Drug test" or "test" means any chemical, biological, or physical instrumental analysis
administered for the purpose of determining the presence or absence of a drug or its metabolites.
5. "Employee"means an individual who works for salary,wages,or other remuneration for the City
and is covered by the workers compensation act.
6. "Employee Assistance Program" (EAP) is an established program for employee assessment,
counseling,and referral to an alcohol and drug rehabilitation program.
7. "Employer"means an agency within state government that employs individuals for salary,wages,
or other remuneration.
8. "Implementation Period"means October 1,2015 through September 30, 2018.
9. "Initial drug test" means a screening procedure of the blood and/or urine of employees and job
applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free
Workplace Program and appropriate Florida administrative rules.
10. "Job Applicant"means a person who has applied for a position with the City and has been offered
employment conditioned upon successfully passing a drug test.
11. "Mandatory-testing position/Safety-sensitive position"means with respect to a public employer,
a job assignment that requires the employee to carry a firearm, work closely with an employee
who carries a firearm, perform life-threatening procedures, work with heavy or dangerous
machinery, work as a safety inspector, work with children, work with detainees in the
correctional system, work with confidential information or documents pertaining to criminal
investigations,work with controlled substances,or a job assignment that requires an employee
security background check,pursuant to F.S. 110.1127.or a job assignment in which a momentary
lapse in attention could result in injury or death to another person.
12. "Medical Review Officer (MRO)" means a licensed physician with knowledge of prescription
drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and
reviewing all positive confirmed test results and who may be responsible for contacting all
individuals who test positive in a confirmation test to inquire about possible medications which
could have caused a positive result.The MRO need not be an employee of the City.
13. "Prescription or Nonprescription Medication"means a drug or medication obtained pursuant to
a prescription as defined by F.S.893.02 or a medication that is authorized pursuant to federal or
state law for general distribution and use without a prescription in the treatment of human
diseases,ailments,or injuries.
For a Term Ending September 30,2021
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14. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is
using or has used drugs in violation of the employer's policy drawn from specific objective and
articulable facts and reasonable inferences drawn from those facts in light of experience.
Reasonable suspicion drug testing may not be required except upon the recommendation of a
supervisor who is at least one level of supervision higher than the immediate supervisor of the
employee in question.Among other things,such facts and inferences may be based upon:
a. Observable phenomena while at work, such as direct observation of drug use or of the
physical symptoms or manifestations of being under the influence of a drug.
b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work
performance.
c. A report of drug use, provided by a reliable and credible source, which has been
independently corroborated.
d. Evidence that an individual has tampered with a drug test during employment with the
current employer.
e. Information that an employee has caused,or contributed to,an accident while at work:
i. If a bargaining unit member is involved in an accident in which the member was
driving a City owned vehicle, and any one of the following occurs: an individual
dies, an individual suffers a bodily injury and immediately receives medical
treatment away from the scene of an accident, one or more vehicles incurs
"disabling damage"as the result of the occurrence and is transported away from
the scene by a tow truck or other vehicle and under any circumstances when the
bargaining unit member is issued a traffic citation.
ii. "Disabling damage"means damage that precludes departure of any vehicle from
the scene of the occurrence in its usual manner. Disabling damages includes
damage to vehicles that could have been operated but would have been further
damaged if so operated. Disabling damage does not include damage that could be
remedied temporarily at the scene of the occurrence without special tools or
parts; a flat tire with no spare available,minor scrapes/scratches to the exterior
of the vehicle; or damage to headlights, taillights, turn signals, horns or
windshield wipers that make them inoperative.
iii. An order to submit to post accident testing can be made by a Battalion Chief or
any chief officer within the division. Any bargaining unit member ordered for a
post-accident drug test may, at the member's option, be accompanied to the
testing by an available Union Representative. The Union Representative shall act
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69
as a quiet observer to the testing procedure and shall not interfere with the
testing procedures.
iv. Refusal to submit to an order for post-accident drug testing, or intentionally
delaying a post-accident drug test can result in termination; however, nothing
herein shall abrogate a bargaining unit member's right to challenge the results of
the drug test.
f. Evidence that an employee has used,possessed,sold,solicited,or transferred drugs while
working or while on the employer's premises or while operating the employer's vehicle,
machinery,or equipment.
15. "Special-Risk Position"means a position that is required to be filled by a person who is certified
under Chapter 633,Fire Prevention and Control or Chapter 943,Department of Law enforcement.
16. "Specimen"means a tissue or product of the human body including blood,urine,or saliva capable
of revealing the presence of alcohol and/or illegal drugs or their metabolites.
17. "Stepping Forward" means that an employee comes forward and requests assistance for
substance abuse during the Implementation Period and prior to being selected for a random drug
test, or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty
evaluation,or prior to being involved in an accident requiring drug testing.
L. 1.4 POLICY
A. It is the policy of the City that an employee found with the presence of alcohol,illegal drugs,
or prescription medication in levels exceeding prescribed dosage in his/her system, in
possession of, using, selling, trading or offering for sale illegal drugs or alcohol during
working hours, may be subject to disciplinary action up to and including termination. A
refusal to submit to a drug test is grounds for immediate termination.
An employee reporting for work visibly impaired and that is unable to properly perform
required duties, will not be allowed to work. The supervisor should first attempt to seek
another supervisor's opinion of the employee's status. Then the supervisor should consult
privately with employee with the observation,to rule out any problem(s)that may have been
caused by prescription drugs.
If, in the opinion of both supervisors, the employee is considered impaired, the employee
should be drug tested by an authorized provider and then provided safe transportation home.
An impaired employee must not be allowed to drive and if necessary can be transported home
by a supervisor or another employee.
It is the responsibility of the City's supervisors to counsel with an employee whenever they
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see changes in performance that suggest a potential employee problem. The supervisor may
suggest that the employee voluntarily seek help from the employee assistance program or
decide that the severity of the observed problem is such that a formal referral to the EAP
should be made.
B. USE OF PRESCRIPTION MEDICATIONS/DRUGS WHILE ON DUTY
1. Prescription drugs prescribed by the employee's physician, who is licensed to practice
medicine in the United States, may be taken during working hours in strict accordance
with the provisions of the Policy. Employees should never use intoxicants or drugs that
could cause impairment during work hours. An employee who is using a prescription
medication while on the job shall do so in strict accordance with medical directions.
2. It is the employee's responsibility to notify the prescribing physician of his/her job
requirements/functions to ensure that the physician approves the use of the prescription
medication while the employee is performing his/her job duties. It is recommended that
the employee provide his/her physician with a copy of the N.F.P.A. standards for
firefighters so the physician is aware of the physical requirements of the position.
3. It is the employee's responsibility to immediately notify the Director of Human Resources
and Risk Management or designee when (s)he is prescribed any medication that is
considered a controlled substance on Schedules II,III,or IV as defined and amended from
time to time in Florida Statutes 893.03. Failure to disclose this information may result in
disciplinary action up to and including termination of employment. The Director of
Human Resources and Risk Management may require the employee to provide a note
from his/her prescribing physician stating that the employee is able to perform the
functions of a firefighter while taking the medication as prescribed.
4. The employee shall notify the Director of Human Resources and Risk Management or
designee if the use of his/her properly prescribed medications/drugs (other than those
considered a controlled substance on Schedules II,III,or IV as defined and amended from
time to time in Florida Statutes 893.03)will affect the employee's work performance.
5. If the prescribing physician determines that the employee cannot perform his/her job
duties without impairment while taking the prescribed medication, then the employee
will be required to use his/her sick and/or FMLA leave, or unpaid leave if his/her leave
pools are exhausted,until (s)he can return to work. If the employee reports to work,the
City will presume that the employee is not impaired.
6. Abuse of prescription drugs will not be tolerated.
A. Conditions of Pre-Employment
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The City will conduct a pre-employment screening examination designed to prevent hiring
individuals who use drugs.
1. To determine the suitability of employees to work for the City the following pre-
employment conditions are established:
a) Job Applicants in mandatory-testing positions, safety-sensitive positions,
and/or special-risk positions will be tested prior to employment for drug use
and alcohol use.
b) Any job applicant, as defined in the above-section,who refuses to submit to
drug and alcohol testing as part of the pre-employment testing process will
be refused employment.
c) Any job applicant who tests positive for drugs or alcohol use will be refused
employment.
d) Confidentiality will be maintained pursuant to this policy.
B. Employee Compliance
It shall be a condition of continued employment for all employees to submit to drug and
alcohol screening under the policy. If there is a conflict between this policy and the collective
bargaining agreement, the collective bargaining agreement shall control. Refusal to submit
to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not
a waiver of the employee's right to challenge both the order and the test outcome.
C. Employee Assistance Program
The City offers an Employee Assistance Program (EAP) which provides help to employees
and their families who suffer from various difficulties including alcohol or drug abuse.
In addition to the City's EAP Program, below is a list of local assistance programs and local
drug and alcohol rehabilitation programs:
a) Narcotics Anonymous Help Line: 561-848-6262
b) Drug Abuse Foundation of Palm Beach County: 561-278-0000
c) Palm Beach Al-Anon/Al-a-Teen Information: 561-882-0308
d) Alcoholics Anonymous (Palm Beach County) : 561-655-5700
e) Comprehensive Alcoholism Rehabilitation Program : 561-844-6400
It is the responsibility of each employee to seek assistance before drugs and alcohol lead to
performance problems.
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1. Use of the employee assistance program, on a voluntary basis, will not affect the
determination of appropriate disciplinary action.
2. An employee's decision to seek assistance from the Employee Assistance Program on
a voluntary basis prior to any incident warranting disciplinary action will not be used
as the basis for disciplinary action or in any disciplinary proceeding.
On the other hand,using EAP will not be a defense to the imposition of disciplinary
action where facts providing violation of this policy are obtained outside of the EAP.
Accordingly,the purpose and practices of this policy and the EAP are not in conflict
but are distinctly separate in their applications.
3. Through the EAP,the City will provide appropriate assessment,referral to treatment,
and treatment of drug and alcohol abuse.
4. Upon successful completion of a drug and/or alcohol treatment program an employee
may be released to resume work but will be subject to drug testing on a random,
periodic basis,for up to two years thereafter as a condition of continued employment.
These stipulations may be incorporated in a Last Chance Agreement.
5. An individual's participation in the program will not be made part of any personnel
records and will remain confidential to the extent necessary to comply with this
policy. Medical and insurance records, if any, will be preserved in the same
confidential manner as all other medical records and be retained in a separate file as
provided by law.
D. Management's Responsibility
The City will maintain screening practices to identify employees who use illegal drugs or
abuse alcohol. Department Heads are responsible for implementing this Drug Free Work
Place policy. It is the responsibility of the supervisors to observe the behavior of employees
on the job as a precaution against unstable or unreliable behavior which could threaten the
safety and well-being of employees and the community.
1. Supervisors are responsible for maintaining a safe work environment by monitoring
employees'behaviors and performance.
2. In the event a supervisor has a reasonable suspicion that an employee may be under
the influence of drugs or alcohol,the employee must be sent for reasonable suspicion
drug testing. A form for documenting cause for a reasonable suspicion drug test is
attached.
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L 3. In all cases when an employee is to be removed from duty for drug testing, the
Department Head and Human Resources&Risk Management should be immediately
notified.
E. Employee's Responsibility
1. It is each employee's responsibility to be fit for duty when reporting for work and to
inform his/her supervisor if (s) he is under prescription or non- prescription
medication which may affect job performance.
2. In the event an employee observes behavior in another employee, which raises a
doubt as to that employee's ability to perform work in a safe,reliable and trustworthy
manner,the employee should report this behavior to his/her supervisor.
3. Employees, who enter drug or alcohol treatment and/or rehabilitation program
voluntarily at the request or insistence of the City or, as a condition of continued
employment are required to fully participate in and complete the recommended
treatment. Any employee who enters a drug or alcohol treatment and/or
rehabilitation program will be responsible for payment of the treatment and/or
program. If the employee fails to comply with the treatment and/or program, the
employee will be subject to discipline,up to and including termination.
F. Medical Review Officer's (MRO) Responsibilities
1. The MRO will review all information from the testing laboratory in the event of a
positive,confirmed test. The MRO will review any information from the employee or
job applicant regarding the use of medication or other relevant medical information
set forth in the form submitted prior to drug testing.
2. The MRO may request that the testing laboratory provide quantification of test
results.
3. The MRO will provide confirmed test results to the Human Resources representative
from the City.
1.5 PROCEDURE
In order to maintain a drug and alcohol free work environment,the City will test for the presence
of alcohol and drugs in the following circumstances:
1. Pre-employment: Job applicants who have been offered a position of employment
and whose job requirements are that of a mandatory-testing, safety-sensitive, or
special-risk position are required to take a drug and alcohol test.
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2. Reasonable suspicion: Employees who are determined to be under reasonable
suspicion of drug or alcohol use (as defined herein),are required to take a drug and
alcohol test.
3. Post-incident: Employees are required to take a drug and alcohol test when the
employee is involved in a job-related incident,which results in any of the following:
(a)discernable property damage,(b)the employee receiving medical attention,or(c)
the employee receiving a citation. [See 14.e. (i-iv)].
4. Random Testing: Employees are subject to random drug testing. Random selection
for testing is done by an independent third party,approved by both the IAFF and the
City, by a random computer generated list. No more than one hundred percent
(100%)of the IAFF population will be randomly tested during any one contract year:
October 1st through September 30th.
5. Fitness for duty: All employees who are subject to routine annual medical
examinations are required to take a drug and alcohol test as part of their medical
examination.
6. Follow-up: All employees who have been referred to an employee assistance
program or rehabilitation program by the City for drug and/or alcohol abuse are
required to take drug and alcohol tests on a quarterly basis for up to two (2) years
after their return to work. These stipulations may be codified in a Last Chance
Agreement.
B. Consequences of Refusing a Drug Test
1. An employee who refuses to submit to a drug and alcohol test will be subject to
immediate termination. An employee who refuses to submit to a drug test forfeits
his/her eligibility for all workers'compensation medical and indemnity benefits.
2. A job applicant, as defined in section 1.3, #16, who refuses to submit to a drug and
alcohol test will not be hired.
C. Actions Following a Positive Confirmed Test
The City may administer disciplinary action, up to and including termination, for any
employee who has a positive,confirmed drug or alcohol test.
D. Confidentiality
Confidentiality of records concerning drug and alcohol testing will be maintained to the
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75
extent necessary to comply with this policy. All information, reports, memos and drug test
reports,written or otherwise, received by the City through the drug testing program will be
kept confidential as provided by law.
The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation
programs who receive or have access to information concerning drug test results shall keep
all information confidential. No such information will be released unless there is a voluntary
written consent, signed by an employee or job applicant, except where such release is
compelled by a court pursuant to an appeal taken under this section, or where deemed
appropriate by a professional or occupational licensing board in a related disciplinary
proceeding.
The City will maintain records concerning drug testing separate and apart from an
employee's or job applicant's file.
E. Reporting of Use of Medication
Employees and job applicants may confidentially report the use of prescription or non-
prescription medication both before and after having a drug test.
F. Notice of Common Medications
A list of most common medications,by brand name or common name,as applicable,as well
as by chemical name, which may alter or affect a drug test, is listed below in section I.
LEmployees and job applicants should review this list prior to submitting to a drug test.
G. Medication Information
An employee or job applicant may consult with the testing laboratory for technical
information regarding prescription and non-prescription information.
H. Employee Assistance Program
Refer to the Employee Assistance Program Policy for the name, address and telephone
number of the City's current provider or contact the Human Resources and Risk Management
Department.
I. Drugs to be Tested
In accordance with F.S. 893.03 as amended from time to time, the following is an
illustrative and non-exhaustive list of drugs that will be tested:
1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors,
resulting in a 0.04 or higher. A positive Breath Alcohol Test will be confirmed by a
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Blood Alcohol Test.
2. Amphetamines
3. Cannabinoids
4. Cocaine
5. Phencyclidine (PCP)
6. Hallucinogens
7. Opiates
8. Methaqualone
9. Barbiturates
10. Benzodiazepines
11. Synthetic Narcotics
12. Designer Drugs
13. A metabolite on any substance listed herein
14. Anabolic/Androgenic Steroids.
A list of drugs by brand names or common names includes:
Opium Dover's Powder,Paregoric,Parepectolin
Morphine Morphine,Pectoral Syrup
Codeine Tylenol with Codeine, Empirin with Codeine, Robitussan
A-C,Hydrocodone,Coke Crack
Heroin Diacetylmorphine,horse,smack
Hydromorphone Dilaudid
Meperidine Demerol,Mepergan
Methadone Dolophine,Methadone,Methadose
Other Narcotics Laam, Leritine, Numorphan, Percodan, Tussiones,
Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin,
Percocet
Chloral Hydrate Noctec,Sommos
Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal,
Lotusate
Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium,
Xanax, Serax, Tranxene, Valium, Verstran, Halcion,
Paxipam,Restoril
Methaqualone Quaalude
Methamphetamine Methyl Ice
Glutethimide Doriden
Other Depressants Equanil,Miltown,Noludar,Placidyl,Valmid
NEW DRUGS-New drugs will be added to the list of controlled substances based on amendments to the
Florida Statutes and/or any federal law, rule, regulation or procedure after a review with the Labor-
Management Committee.
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PRESCRIPTION DRUGS
Many prescription drugs can alter or affect drug tests.Due to the large number of obscure brand names
and the constant marketing of new products,this list is illustrative and not exhaustive.
Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol
content.
Amphetamines: Pbetrol,Biphetamine,Desoxyn,Dexedrine,Didrex,Lonamine,Fastin.
Cannabinoids: Marinol (Dronabinol,THC).
Cocaine: Cocaine,HCI topical solution (Roxanne)
Phencyclidine: Not legal by prescription
Methaqualone: Not legal by prescription
Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine,Tylenol with Codeine, Emperine with
Codeine,APAP with Codeine,Aspirin with Codeine,Robitussin AC,Guiatuss AC,Novahistine DH,
Novahistine Expectorant,Diluadid(Hydromorphone),MS Contin and Roxano(morphine sulfate),
Percodan,Vicodin,Tussiorganidine,etc.
Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet,
Esgic,Butisol,Mebarel,Butabarbital,Butalbital,Phrenilin,Triad,etc.
Benzodiazepine: Ativan,Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tanzene,
Valium,Verstran,Halcion,Paxipam,Restoril,Centrax,etc.
Methadone: Dolophone,Metadose,etc.
Propoxyphene: Darvocet,Darvon N,Dolene,etc.
ANABOLIC/ANDROGENIC STEROID TESTING
Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act (CSA) as of
February 27, 1991.
An employee or job applicant who is contacted by the MRO may confidentially report the use of
prescription medication(s)because the presence of these medications in the body may have affected the
outcome of the test.
J. Challenge of Test Results
1. An employee who receives a positive confirmed test result may, within five (5)
working days, submit information to the Director of Human Resources and Risk
Management explaining or contesting the test result and explaining why the test
result does not constitute a violation of the City's policy. An employee may provide a
signed release authorizing the Director of Human Resources and Risk Management to
provide the test result and his/her submitted information to the Union President(or
Designee) and/or the Fire Chief.
2. If the explanation or challenge of the employee is unsatisfactory to the City,the City
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will provide a written explanation as to why the employee's explanation is
unsatisfactory, and a copy of the report of positive confirmed test results will be
provided to the employee.
3. An employee may further challenge the results of the test in a court of competent
jurisdiction or, if the drug was administered due to a workplace injury, by filing a
claim for benefits with a judge of compensation claims, pursuant to Chapter 440,
Florida Statutes.
4. If an employee contests the drug test results (s)he must promptly notify the Medical
Review Officer
This policy has been adapted from the City of Boynton Beach policy and is specific to Boynton
Beach Fire Fighters and Paramedics, IAFF Local 1891 of the International Association of Fire
Fighters,AFL-CIO,CLC.
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UNION CONTRACT-ADDENDUM"B"
WAGES-STEP PLAN
October 1,2018 October 1,2019 October 1,2020
L Probationary Annualized Hourly
Step 1 I $48,297.60 I$19.3500 Probationary Annualized Hourly Probationary Annualized Hourly
Step 1 $49,246.08 $19.7300 Step 1 $50,244.48 1$20.1300
Firefighter Annualized Hourly Firefighter Annualized Hourly Firefighter Annualized Hourly
Step 1 $50,718.72 $20.3200 Step 1 $51,717.12 $20.7200 Step 1 $52,765.44 $21.1400
Step 2 $52,490.88 $21.0300 Step 2 $53,539.20 $21.4500 Step 2 $54,612.48 $21.8800
Step 3 $54,312.96 $21.7600 Step 3 $55,411.20 $22.2000 Step 3 $56,509.44 $22.6400
Step 4 $56,709.12 $22.7200 Step 4 $57,832.32 $23.1700 Step 4 $58,980.48 $23.6300
Step 5 $58,705.92 $23.5200 Step 5 $59,879.04 $23.9900 Step 5 $61,052.16 $24.4600
Step 6 $60,752.64 $24.3400 Step 6 $61,975.68 $24.8300 Step 6 $63,198.72 $25.3200
Step 7 $62,874.24 $25.1900 Step 7 $64,122.24 $25.6900 Step 7 $65,395.20 $26.2000
Step 8 $65,095.68 $26.0800 Step 8 $66,368.64 $26.5900 Step 8 $67,691.52 $27.1200
Step 9 $67,367.04 $26.9900 Step 9 $68,689.92 $27.5200 Step 9 $70,062.72 $28.0700
Step 10 $69,713.28 $27.9300 Step 10 $71,111.04 $28.4900 Step 10 $72,508.80 $29.0500
Step 11 $72,159.36 $28.9100 Step 11 $73,582.08 $29.4800 Step 11 $75,054.72 $30.0700
Step 12 $74,680.32 $29.9200 Step 12 $76,177.92 $30.5200 Step 12 $77,675.52 $31.1200
Step 13 $77,301.12 $30.9700 Step 13 $78,823.68 $31.5800 Step 13 $80,396.16 $32.2100
Step 14 $79,996.80 $32.0500 Step 14 $81,594.24 $32.6900 Step 14 $83,216.64 $33.3400
Step 15 $82,817.28 $33.1800 Step 15 $84,439.68 $33.8300 Step 15 $86,136.96 $34.5100
Firefighter OE Annualized Hourly Firefighter OE Annualized Hourly Firefighter OE Annualized Hourly
Step 1 $62,400.00 $25.0000 Step 1 $63,623.04 $25.4900 Step 1 $64,846.08 $25.9800
Step 2 $64,571.52 $25.8700 Step 2 $65,844.48 $26.3800 Step 2 $67,117.44 $26.8900
Step 3 $66,842.88 $26.7800 Step 3 $68,140.80 $27.3000 Step 3 $69,488.64 $27.8400
Step 4 $69,164.16 $27.7100 Step 4 $70,536.96 $28.2600 Step 4 $71,909.76 $28.8100
Step 5 $71,585.28 $28.6800 Step 5 $73,008.00 $29.2500 Step 5 $74,430.72 $29.8200
L Step 6 $74,106.24 $29.6900 Step 6 $75,553.92 $30.2700 Step 6 $77,026.56 $30.8600
Step 7 $76,702.08 $30.7300 Step 7 $78,199.68 $31.3300 Step 7 $79,722.24 $31.9400
Step 8 $79,372.80 $31.8000 Step 8 $80,920.32 $32.4200 Step 8 $82,517.76 $33.0600
Step 9 $82,143.36 $32.9100 Step 9 $83,765.76 $33.5600 Step 9 $85,413.12 $34.2200
Step 10 $85,038.72 $34.0700 Step 10 $86,686.08 $34.7300 Step 10 $88,383.36 $35.4100
Lieutenant Annualized Hourly Lieutenant Annualized Hourly Lieutenant Annualized Hourly
Step 1 $73,107.84 $29.2900 Step 1 $74,505.60 $29.8500 Step 1 $75,953.28 $30.4300
Step 2 $75,653.76 $30.3100 Step 2 $77,126.40 $30.9000 Step 2 $78,624.00 $31.5000
Step 3 $78,299.52 $31.3700 Step 3 $79,822.08 $31.9800 Step 3 $81,369.60 $32.6000
Step 4 $81,045.12 $32.4700 Step 4 $82,617.60 $33.1000 Step 4 $84,215.04 $33.7400
Step 5 $83,890.56 $33.6100 Step 5 $85,512.96 $34.2600 Step 5 $87,160.32 $34.9200
Step 6 $86,810.88 $34.7800 Step 6 $88,508.16 $35.4600 Step 6 $90,205.44 $36.1400
Step 7 $89,856.00 $36.0000 Step 7 $91,603.20 $36.7000 Step 7 $93,375.36 $37.4100
Step 8 $93,000.96 $37.2600 Step 8 $94,798.08 $37.9800 Step 8 $96,645.12 $38.7200
Step 9 $96,245.76 $38.5600 Step 9 $98,117.76 $39.3100 Step 9 $100,014.72 $40.0700
Step 10 $99,615.36 $39.9100 Step 10 $101,562.24 $40.6900 Step 10 $103,534.08 $41.4800
Captain Annualized Hourly Captain Annualized Hourly Captain Annualized Hourly
Step 1 $82,717.44 $33.1400 Step 1 $84,314.88 $33.7800 Step 1 $85,937.28 $34.4300
Step 2 $85,612.80 $34.3000 Step 2 $87,260.16 $34.9600 Step 2 $88,957.44 $35.6400
Step 3 $88,608.00 $35.5000 Step 3 $90,330.24 $36.1900 Step 3 $92,052.48 $36.8800
Step 4 $91,703.04 $36.7400 Step 4 $93,475.20 $37.4500 Step 4 $95,272.32 $38.1700
Step 5 $94,922.88 $38.0300 Step 5 $96,744.96 $38.7600 Step 5 $98,616.96 $39.5100
Step 6 $98,242.56 $39.3600 Step 6 $100,139.52 $40.1200 Step 6 $102,061.44 $40.8900
Step 7 $101,687.04 $40.7400 Step 7 $103,633.92 $41.5200 Step 7 $105,630.72 $42.3200
80
UNION CONTRACT—ADDENDUM"B"
WAGES—STEP PLAN
October 1,2018 October 1,2019 October 1,2020
Battalion Chief Annualized Hourly Battalion Chief Annualized Hourly Battalion Chief Annualized Hourly
Step 1 $93,050.88 $37.2800 Step 1 $94,823.04 $37.9900 Step 1 $96,670.08 $38.7300
Step 2 $96,295.68 $38.5800 Step 2 $98,142.72 $39.3200 Step 2 $100,039.68 $40.0800
Step 3 $99,665.28 $39.9300 Step 3 $101,587.20 $40.7000 Step 3 $103,559.04 $41.4900
Step 4 $103,159.68 $41.3300 Step 4 $105,131.52 $42.1200 Step 4 $107,178.24 $42.9400
Step 5 $106,778.88 $42.7800 Step 5 $108,825.60 $43.6000 Step 5 $110,922.24 $44.4400
81
UNION CONTRACT-ADDENDUM"C"
CAREER LADDER -MINIMUM REQUIREMENTS
As referenced in Article 24-Education (Section 24.1)Non-probationary members are permitted to attend
schools or classes for Career Ladder requirements .... Reimbursement rates are not intended to exceed
Florida In-State tuition rates. Course selection and attendance must be pre-approved by the Deputy Chief
of Operations.
Bargaining unit members are "grandfathered in" the current positions in which they are placed upon
ratification of this Agreement.
probationary Firefighter(Prob FF1
PREREQUISITES:
• Certified Florida Firefighter;and
• Certified Florida Emergency Medical Technician or Paramedic.
Firefighter(FF1
PREREQUISITES:
• Successful completion of the Probationary Firefighter Manual ("Green Book");
• Successful completion of FF Performance and Written Examinations;and
• Minimum of one (1)year of service with BBFRD.
REQUIRED TO BE PROMOTED TO FIREFIGHTER:
• Successful completion of all prerequisite requirements;and
• Successful completion of the annual evaluation process for Probationary Firefighters;and
• Selection by the Fire Chief with approval by the City Manager.
PARAMEDIC REQUIREMENT TO ADVANCE AS A FIREFIGHTER:
• Members hired after October 1,2018 must be a Certified Florida Paramedic and be in"Active
Paramedic"status within the Department to advance to Firefighter Step 5.
firefighter Operator Engineer(0/E),
Through September 30,2019, a bargaining unit member who,prior to ratification of this Agreement, was
in the position of Firefighter 11 is eligible to become a Firefighter 0/E regardless of the following newly added
requirements (service years and courses taken). Effective October 1, 2019, the following requirements
prevail:
PREREQUISITES:
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• Successful completion of all prerequisite requirements for a Firefighter;and
• Minimum of four(4)years of service with BBFRD;and
• Certified Florida Paramedic and Department"Active Paramedic"status;and
• Successful completion of:
• FFP 1302 Fire Apparatus Operator(or equivalent);and
• FFP 1301 Fire Service Hydraulics (or equivalent);and
• BBFRD-sanctioned Aerial Apparatus Course (40-hour minimum) or FSFC 703;and
• FFP 2120 Building Construction for Fire Service;and
• Firefighter Operator Engineer Manual ("Red Book");and
• State of Florida Certified Operator Engineer.
REQUIRED TO BE PROMOTED TO FIREFIGHTER OPERATOR ENGINEER(0/E):
• Successful completion of all prerequisite requirements;and
• Successful completion of BBFRD Apparatus,Hydraulics,and Aerial Operation Performance and
Written Examinations.
REQUIRED TO SERVE AS AN ACTING LIEUTENANT(as referenced in Article 23):
Through September 30,2019, a bargaining unit member who,prior to ratification of this Agreement, was
in the position of Firefighter III is able to serve as an Acting Lieutenant regardless of the following stated
requirements. Effective October 1,2019, the following requirements prevail:
• Serving a minimum of one (1)year at BBFRD as Firefighter 0/E;and
• Successful completion of:
• FFP,ATPC or BFST 1810: Fire Service Strategy and Tactics 1;and
• FFP,ATPC or BFST 2720:Company Officer Leadership;and
• FFP,ATPC or BFST 1740:Course Delivery;and
• Complete Fire Inspection/Prevention Packet with a BBFRD Assistant Fire Marshal or Complete
FFP,ATPC or BFST 1505 Fire Prevention Practices and FFP,ATPC or BFST 1540 Private Fire
Protection Systems 1;and
• Complete a Pre-Incident Plan on a City Target Hazard (to be pre-approved);and
• Successful completion of BBFRD Officer Candidate School including but not limited to:
• Department Policies,EMS Protocols,SOG's,Rules and Regulations;and
• Labor-Management Relationship and Collective Bargaining;and
• The Changing Workforce and Dealing with Change;and
• Diversity,Sexual Harassment,and Discrimination Training; and
• Technical Report Writing and Report Quality Assurance;and
• Performance Evaluation Training;and
• Coaching,Counseling,and Disciplinary Action;and
• Successful completion of BBFRD Performance and Written Examinations;and
• Must be on current Lieutenant Eligibility List; or
• State Certified Fire Officer I;and
• NIMS 100, 200,700,and 800 compliant.
For a Term Ending September 30,2021
83
Lieutenant(LT)
PREREQUISITES: (Eligibility Criteria necessary to test for Lieutenant Promotional Process)
• Successful completion of all prerequisite requirements;and
• Minimum of seven (7)years of service with BBFRD;and
• Minimum of one (1)year serving as an Acting Lieutenant.
REQUIRED TO BE PROMOTED TO LIEUTENANT:
• Successful completion of all requirements;and
• Promotion is based on successful completion of Lieutenant promotional
examination/assessment process and selection by the Fire Chief with approval by the City
Manager;and
• Effective October 1,2019:
• NIMS 100, 200,700,and 800 compliant;and
• State Certified Fire Officer I; and
REQUIRED TO SERVE AS AN ACTING CAPTAIN (Implemented as referenced in Article 23):
• Successful completion of serving as a Lieutenant for a minimum of six(6) months;and
• Must be on current Captain Eligibility List; or
• Effective October 1,2019:
• State Certified Fire Officer I; and
• NIMS 300 compliant.
Captain (CAPT)
PREREQUISITES: (Minimum criteria necessary to test for the Captain Promotional Process)
• Must meet all requirements for Lieutenant; and
• Successful completion of any 2000 or 3000 level Personnel Management Course (minimum of
40 hours);and
• Minimum of nine (9)years of service with BBFRD;and
• Minimum of two (2)years of service as a Lieutenant with BBFRD,following the first Captain's
promotional process after ratification.
REQUIRED TO BE PROMOTED TO CAPTAIN:
• Successful completion of all requirements;and
• Promotion is based on successful completion of Captain promotional examination/assessment
process and selection by the Fire Chief with approval by the City Manager;and
• Effective October 1,2019
• NIMS 300 compliant.
For a Term Ending September 30,2021
84
REQUIRED TO SERVE AS ACTING BATTALION CHIEF(Implemented as referenced in Article 23):
• Successful completion of serving as Captain for a minimum of six(6) months;and
• Must be on current Battalion Chief Eligibility List; or
• Effective October 1,2020:
• State Certified Fire Officer II;and
• NIMS 400 compliant.
Battalion Chief(BC)
PREREQUISITES: (Minimum criteria necessary to test for the Battalion Chief Promotional Process)
• Must meet all requirements for Captain;and
• Successful completion of Certified Incident Commander Course;
• Completion of Human Resources Course at minimum level 3000;and
• Minimum of twelve (12)years of service with BBFRD;and
• Minimum of three (3)years as a Captain with BBFRD.
REQUIRED TO BE PROMOTED TO BATTALION CHIEF:
• Successful completion of all prerequisite requirements;and
• Promotion is based on successful completion of Captain promotional examination/assessment
process and selection by the Fire Chief with approval by the City Manager;and
• Effective October 1,2020:
• State Certified Fire Officer II;and
• NIMS 400 compliant.
For a Term Ending September 30,2021
I
85
UNION CONTRACT—ADDENDUM"D"
MUTUAL CONSENT AGREEMENT
(Use of Insurance Premium Tax Revenue)
This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH,a Florida
municipal corporation,whose address is 100 E.Boynton Beach Boulevard,Boynton Beach,FL 33435 (the
"CITY") and the BOYNTON BEACH FIRE FIGHTERS AND PARAMEDICS,IAFF LOCAL 1891 ("IAFF").
WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of
Florida),hereinafter"Legislation" regarding the use of insurance premium tax revenue ("IPTR");and
WHEREAS,the City has a retirement pension plan and fund for firefighters known as the Boynton
Beach Firefighters' Pension Fund ("Fund") that exceeds the minimum benefits and minimum standards
established by the State of Florida for public employee firefighter pension plans as set forth in chapter
175,Florida Statutes; and
provides that use of IPTR, includinganyaccumulations of additional
WHEREAS,the Legislation
premium tax revenues which have not been allocated to fund benefits in excess of the minimum benefits,
may deviate from the provisions of the Legislation by mutual consent of the members' collective
bargaining representative (IAFF).
NOW THEREFORE,the City and Unions agree as follows:
1. The foregoing Whereas clauses are true and correct.
2. The total of$150,000.00 of IPTR,whether base premium tax revenue or additional premium tax
revenue,received by the City will be used to reduce the City's unfunded liability to the Boynton
Beach Firefighters'Pension Fund. Payment will be made in accordance with attached letter from
the Pension Board to Chair,Matthew Petty,dated December 28,2018.
3. This Consent Agreement takes effect when signed by IAFF and City.
SIGNATURE PAGE FOLLOWS
For a Term Ending September 30,2021
86
r
MUTUAL CONSENT AGREEMENT-SIGNATURE PAGE
(Use of Insurance Premium Tax Revenue)
THE CITY OF BOYNTON BEACH
Lori LaVerriere,City Manager
ATTEST:
City Clerk
BOYNTON BEACH FIRE FIGHTERS AND PARAMEDICS,IAFF LOCAL 1891
IAFF President
APPROVED AS TO LEGAL FORM:
City Attorney
For a Term Ending September 30,2021
87
ADD "D"
OCA
4,0 - 6'
•BOYNTON BEACH FIREFIGHTERS & PARAMEDICS
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1891
Monday, December 10, 2018
Matt Petty
Chairman, Boynton Beach Firefighters Pension
Dear Chairman Petty,
The Boynton Beach Fire Fighters and Paramedics of Local 1891 has come to an
agreement with the City of Boynton Beach regarding the use of IPTR for our CBA.As
part of this agreement, we are requesting approval of IPTR totaling $150,000.00 over the
proposed agreement, October 2018 - September 2021. The allocations would be as
followed:
-October 2018 ( $0 )
-October 2019 ($75,000.00)
-October 2020 ($75,000.00)
It is my understanding the above allocation would satisfy IPTR requirements under SB
172, as past practice of our Local and the City.
Thank you in advance.
Respectfully,
SLT)//, `' VC�'K6'
President, Local 1891, Shawn Weeks
88
ADDENDUM "E"
PENSION AGREEMENT
I ALL EMPLOYEES-ON RATIFICATION
Sec. 18-180.
Effective October 1,2018, for any member meeting a definition of deferred vested,early,or
normal retirement date,will have the average final compensation(AFC)benefit capped at ninety
five thousand dollars($95,000.00).The cap will be adjusted annually on the first(1st)day of
October by one and a half percent(1.5%)after a five year delay. The first adjustment to the cap
is effective for members on or after October 1,2023.
IAFF CITY
DATE: I ZI Z14I it
(NEW HIRES -ON OR AFTER RATIFICATION)
Sec. 18-180.1.
Upon ratification,new members entering the plan,the benefit payable for early retirement or
deferred vested shall be the same as determined for normal retirement, as set forth in section
18-180,and shall not be payable until the member reaches a minimum age of fifty five(55).
IAFF CITY
DATE: 12Jz )116
Sec. 18-185.Normal retirement date.
Upon ratification,new members entering the plan,the normal retirement date of each firefighter
will be the first day of the month coinciding with,or next following,the earlier of the date on
which such firefighter has attained and completed twenty five(25)years of service,regardless of
age,or at fifty-five(55)years of age with ten(10)years of service.There is no age requirement
for a normal retirement.
IAFF
DATE: iziajle (�
Both parties mutually agree to have the Pension Fund Attorney draft appropriate ordinance to
reflect tile_above adjustments,to be reviewed and approved by City Attorney before ratification.
IAFF 6L CITY 21vw i--
89
UNION CONTRACT-ADDENDUM"F"
TUITION ASSISTANCE PROGRAM
As referenced in Article 24-Education,bargaining unit members are eligible for tuition reimbursement
pursuant to the City's Tuition Assistance Program, Policy No. 05-003, which is included in this
Addendum. The City agrees to fund the Tuition Assistance Program for IAFF bargaining unit members
in the amount of $25,000 each fiscal year of this Agreement. Funding for this program expires on
September 30,2021 until renegotiated.
CITY'S TUITION ASSISTANCE PROGRAM FOLLOWS
For a Term Ending September 30,2021
90
Policy No.05-003
Tuition Assistance Program
August 1,2018
Tuition Assistance Program
1.1 PURPOSE
To provide financial assistance,when such funding is appropriated and approved in the City's Human
Resources Department's annual budget,to eligible full-time regular employees,who are enrolled in
an undergraduate or graduate degree program at an accredited college or university and when the
attainment of such degree is determined by the City to be directly beneficial to the employee's current
job or for an advanced job in the City within their career path. This program is at the sole discretion
of the City and may be suspended or cancelled at any time.
1.2 SCOPE
Employees who are eligible to participate in this program are full time, non-probationary,
unrepresented (General) employees and full-time, non-probationary employees covered under the
SEIU Blue Collar or White Collar Collective Bargaining Agreement. Employees who have entered the
DROP pursuant to a City pension plan are not eligible to participate in this program. Employees who
are governed by a Collective Bargaining Agreement other than SEIU are not eligible to participate in
this program. Employees must be"in good standing"with the City at the time of application through
the time of reimbursement in order to receive reimbursement through this program.
1.3 DEFINITIONS
a. Accredited college or university: A college or university that has attained accreditation as
documented by inclusion in the U.S. Department of Education's Office of Post-secondary
Education (OPE) Database of Accredited Postsecondary Institutions and Programs
(https://ope.ed.gov/accreditation/Search.aspx). The Director of Human Resources and Risk
Management reserves the right to consider and approve or deny any college or university
that is not listed in this database.
b. Full-time: An employee who is in a job classification designated as full-time and who is
scheduled to work a minimum of thirty-six(36) hours per work week.
c. "In good standing": An eligible employee who:
1. Is actively employed on the date of program enrollment and through the date of
reimbursement;
2. Has not been in an unpaid leave status of more than sixteen (16) hours for any
calendar week from the date of program enrollment through the date of
reimbursement;and
3. For one (1) year prior to the date of program enrollment and through the date of
reimbursement, has not received sustained discipline of an unpaid suspension for
more than twenty-four (24) hours or three (3) days and has not been demoted for
disciplinary reasons.
d. Non-probationary: An employee who has successfully completed his/her initial one (1)year
probationary period. Employees who are on a probationary period solely due to a promotion
or reclassification and who have already been employed with the City in a full-time position
for more than one (1)year are considered"non-probationary"for purposes of this policy.
1.4 POLICY
91
Policy No.05-003
Tuition Assistance Program
August 1,2018
A. This Policy supersedes and replaces Administrative Policy 04.01.03. The Tuition Assistance
Program is coordinated by the City's Human Resources and Risk Management Department.
In order to be considered for participation in this program, eligible employees must enroll,
adhere to all applicable procedures, and sign a participation agreement to acknowledge
program requirements and obligations. Each fiscal year that this program is funded, the
Director of Human Resources and Risk Management will establish the current eligible
reimbursement expenses and amounts and will set the fiscal year per person maximum
reimbursable amounts. This information, titled Addendum: Tuition Assistance Program
Current Reimbursement Year Expenses and Amounts,will be updated and maintained as part
of this policy. Applications will be considered in the order in which they are received.
Available funds will be reimbursed until the end of each funded fiscal year or until funds are
exhausted,whichever comes first. The interpretation and administration of this policy shall
be the responsibility of the Director of Human Resources and Risk Management.
Participation in the Tuition Assistance Program is voluntary,and no aspect of this policy or
program is subject to any grievance or appeal process.
B. The budgeted Tuition Assistance Program funding will be split into two separate pools so
reimbursement opportunities can be fairly appropriated based on typical academic
calendars. If funding remains available after processing all eligible and approved Period Two
Reimbursements, applications for Period One Reimbursements that were eligible but not
reimbursed will be reconsidered.
• Reimbursement Period One: For course dates between August and December
o Deadline for submitting Reimbursement Applications:January 31st
o Final reimbursement issued in February
• Reimbursement Period Two: For course dates between January and July
o Deadline for submitting Reimbursement Applications:August 31st
o Final reimbursement issued in September
C. The following courses are ineligible for reimbursement under all circumstances,even if they
are a requirement for obtaining a degree:
1. Course that is covered by any non-refundable financial aid, scholarship, or other
governmental assistance;
2. Seminar;
3. Internship;
4. Course that earns only Continuing Education Credits (CEUs);
5. Exam preparation course or entrance exam;
6. Course taken as"audit only";
7. Course graded only as"Pass/Fail";
8. Course issuing credit only as"Life Experience"and/or"Portfolio";
9. Course fulfilling only a physical education or sexual education requirement;
10. Course taken that is not part of an employee's approved undergraduate or graduate
degree program; and
11. Course taken by an employee who is not enrolled in an undergraduate or graduate
degree program.
D. The letter grade an employee earns upon completion of an approved course determines the
percentage of reimbursement that will be applied to eligible expenses.
• A= 100%
92
Policy No.05-003
Tuition Assistance Program
August 1,2018
[We • B= 75%
• C= 50%
• D= 0% (ineligible for reimbursement under this policy)
• F= 0% (ineligible for reimbursement under this policy)
An employee who receives an "Incomplete" or who withdraws from a course is not eligible
for reimbursement under this policy.
E. Any tuition assistance provided to an employee pursuant to this policy up to a maximum of
amount of$5,250.00 in any calendar year is excluded from tax;any amount received in excess
of $5,250.00 in any calendar year will be treated as taxable income, as required by the
Internal Revenue Service (IRS).
F. An employee who separates employment for any reason other than a City-initiated layoff or
termination within twenty-four(24) months of receiving any amount of financial assistance
pursuant to this policy,authorizes the City to deduct the amount(s)of such reimbursement(s)
from any amount of payout to which(s)he would have otherwise been entitled. An employee
who is not eligible for payout or who does not have sufficient payout value from which to
deduct the reimbursed amount(s) is obligated and required to repay the City.
G. Deadlines are not negotiable and will not be extended. It is solely an employee's
responsibility to timely submit enrollments, agreements, reimbursement applications, and
other required documentation for participation in this program. No employee should expect
or rely upon the City, Human Resources, or any other person to "remind" him/her of this
program's requirements and/or deadlines.
1.5 PROCEDURES
a. This program is at the sole discretion of the City and may be suspended or cancelled at any
time.
b. A Tuition Assistance Program Participation Enrollment Form and Tuition Assistance Program
Agreement are required to be submitted by any eligible employee who is interested in seeking
reimbursement pursuant to this policy. The purpose of the Participation Enrollment Form is
for Human Resources and Risk Management to evaluate whether or not an employee meets
participation requirements of the program. The purpose of the Agreement is to confirm that
an employee understands the program and his/her obligations pursuant to enrollment and
reimbursement. The Participation Enrollment Form and the Program Agreement are
required to be submitted each funded fiscal year in which the employee is interested in
participating. No reimbursement will be considered without a current approved
participation enrollment form and signed program agreement.
1. Human Resources will log completed Participation Enrollment Forms and Program
Agreements in the funded fiscal year's Tuition Assistance Program Tracking
spreadsheet"Enrollments"tab.
2. Human Resources will review the Participation Enrollment Forms and will confirm,
and log eligibility on the"Enrollments"tab.
3. Human Resources will notify employees in writing of their participation approval or
denial. If an employee is denied,the reason for the denial will be included.
93
Policy No.05-003
Tuition Assistance Program
August 1,2018
c. A separate Tuition Assistance Program Reimbursement Application is required to be submitted
for each course for which an employee is requesting reimbursement. These Reimbursement
Applications are accepted on a rolling basis per Reimbursement Period, and all required
documentation is required to be submitted with each Reimbursement Application. The
submission of a Reimbursement Application does not guarantee reimbursement.
d. Completed Reimbursement Applications with required documentation must be submitted
via electronic mail to: hr@bbfl.us with the subject line:Tuition Assistance Program.
1. Human Resources will assign each Reimbursement Application a tracking number
based upon date and time of receipt: TAP-YYYY-MM-DD-###, wherein TAP means
Tuition Assistance Program,YYYY means calendar year, MM means calendar month,
DD means calendar day,and###indicates the number of the request received on the
specified date. For example,the first request received on October 1, 2017 would be
assigned the tracking number:TAP-2017-10-01-001.
2. Human Resources will review Reimbursement Applications in the order in which
they are received. Incomplete Reimbursement Applications or Reimbursement
Applications submitted without required documentation will be returned via
electronic mail to the employee, who will need to resubmit a completed
Reimbursement Application with supporting documentation in order to be
considered for reimbursement. A new tracking number will then be assigned based
on the date of receipt of the completed Reimbursement Application with required
documentation.
3. Human Resources will separately log each course Reimbursement Application in the
funded fiscal year's Tuition Assistance Program Tracking spreadsheet"Applications"
tab.
i. Human Resources will reconfirm an employee's eligibility. The course Final
Grade,Credit Hours,and Book(s)Cost will be logged on the"Applications"tab.
ii. Human Resources will log the eligible reimbursement amounts for credit
hours and textbook(s) and will calculate a total eligible reimbursement
amount.
e. Reimbursement Processing will begin for the Reimbursement Period One following the
January 31st deadline for submitting Reimbursement Applications.
i. Human Resources will sort completed eligible Reimbursement Applications
by Tracking Number order and reconfirm an employee's eligibility.
ii. Human Resources will log each eligible Reimbursement Application in the
funded fiscal year's Tuition Assistance Program Tracking spreadsheet
"Reimbursements" tab up to the Maximum Per Person Allowable
Reimbursement Amount (see Addendum for these Amounts). This process
will be repeated for each eligible Reimbursement Application until the
Program Budget Balance for Reimbursement Period One has been depleted.
94
Policy No.05-003
Tuition Assistance Program
August 1,2018
iii. Human Resources will complete a 121 for Tuition Assistance Program
Reimbursement and route for approvals and processing by Finance.
iv. Finance will process all approved Period One Reimbursements in February.
v. If funds are remaining in the allocated Program Budget Balance following
Period One Reimbursements, Human Resources will add this remaining
balance to the beginning Program Budget Balance for Period Two
Reimbursements.
f. Reimbursement Processing will begin for the Reimbursement Period Two following the
August 31st deadline for submitting Reimbursement Applications.
i. Human Resources will sort completed eligible Reimbursement Applications
by Tracking Number order and reconfirm an employee's eligibility.
ii. Human Resources will log each eligible Reimbursement Application in the
funded fiscal year's Tuition Assistance Program Tracking spreadsheet
"Reimbursements" tab up to the Maximum Per Person Allowable
Reimbursement Amount (see Addendum for these Amounts). This process
will be repeated for each eligible Reimbursement Application until the
Program Budget Balance for Reimbursement Period Two has been depleted.
iii. If funding remains available after processing all eligible and approved Period
Two Reimbursements, Human Resources will reconsider Period One
Reimbursement Applications that were eligible but not reimbursed due to
that period's allocated budget limitations.
iv. Human Resources will complete a 121 for Tuition Assistance Program
Reimbursement and route for approvals and processing by Finance.
v. Finance will process all approved Period Two Reimbursements in September.
95
Policy No.05-003
Tuition Assistance Program
August 1,2018
Addendum:Tuition Assistance Program
Current Reimbursement Year Expenses and Amounts
FOR FISCAL YEAR REIMBURSMENT:
October 1,2018-September 30, 2019
Applications will be considered on a rolling basis for enrollment in courses in which classes began on
or after August 1,2018.
In order to be eligible for reimbursement all documentation required to process a reimbursement
must be received on or by the thirtieth (30th) day following the last date of the term/session for the
course(s)for which reimbursement is being requested. In no case will reimbursements be processed
outside of the fiscal year.
ELIGIBLE REIMBURSABLE EXPENSES AND AMOUNTS:
Copies of original receipts are required for reimbursement. Failure to provide proper documentation
will result in ineligibility for reimbursement.
Tuition and Fees: (maximum per credit hour reimbursement based on course grade)
Final Course Grade: A B C
Associate Degree Course: $114.04 $ 85.53 $ 57.02
Bachelor Degree Course: $179.90 $134.93 $ 89.95
Graduate Degree Course: $336.77 $252.58 $168.39
Required Course Textbook(s): (maximum reimbursement per course based on course grade)
Final Course Grade: A B C
Per Course: $150.00 $112.50 $ 75.00
MAXIMUM PER PERSON ALLOWABLE REIMBURSEMENT PER FUNDED FISCAL YEAR
No employee will be reimbursed for more than twelve (12) credit hours per funded fiscal year and
are subject to the following fiscal year per person maximum credit hour reimbursement amount
based on degree:
• Associate Degree: $1,368.48
• Bachelor Degree: $2,158.80
• Graduate Degree: $4,041.24
No employee will receive more than$600.00 for textbook reimbursement per funded fiscal year.
96
AGREEMENT SIGNATURE PAGE
Agreed to this al day of a:\ Or\ , 2019, by and between the respective parties through
the authorized representatives of the Union and the City.
BOYNTON BEACH FIGHTERS AND PARAMEDICS,IAFF,LOCAL 1891:
• � • 4"f! BY: AM-1w
Witness '. e ident
go— MOW /
itn& s etary
CITY OF BOYNTON BEACH
III BY:
ess
Wi less Mayor
LZ /At_
Witness City Clerk '.7;'1°
a/Y)- 2 6').)���� d/l X
Witness �� City Manager
Approved as to Form and Correctness:
City Attorney
For a Term Ending September 30,2021
97