R22-028 1 RESOLUTION R22-028
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE
5 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE PBA
6 POLICE OFFICERS AND DETECTIVES AND THE CITY OF BOYNTON
7 BEACH REGARDING COVID-19 POLICIES AND PRACTICES; AND
8 PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS, On January 22, 2022, the PBA Police Officers and Detectives Union and
11 the City met for bargaining to make updates to the COVID-19 business travel policies for
12 members and
13 WHEREAS, the PBA Unit ratified the MOU on February 3, 2022; and
14 WHEREAS,the City Commission of the City of Boynton Beach deems it to be in the
15 best interests of the residents and citizens of the City to approve and authorize the City
16 Manager to sign the Memorandums of Understanding (MOU) between the PBA Police
17 Officers and Detectives and the City regarding COVID-19 policies and practices.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
19 OF BOYNTON BEACH, FLORIDA, THAT:
20 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
21 ratified and confirmed by the City Commission.
22 Section 2. The City Commission of the City of Boynton Beach, Florida does
23 hereby approve and authorize the City Manager to sign the Memorandum of
24 Understanding (MOU) between the PBA Police Officers and Detectives and the City of
25 Boynton Beach regarding COVID-19 policies and practices, a copy of the Memorandum of
26 Understanding is attached hereto as Exhibit "A".
27
S:\CA\RESO\Agreements\CBA Ratifications\PBA Officers and Detectives MOU COVID Policies-Reso.docx
28 Section 3. This Resolution will become effective immediately upon passage.
29 PASSED AND ADOPTED this 15th day of February, 2022.
30
31 CITY OF BOYNTON BEACH, FLORIDA
32
33 YES NO
34
35 Mayor-Steven B. Grant ✓
36
37 Vice Mayor-Woodrow L. Hay ✓
38
39 Commissioner-Justin Katz ✓
40
41 Commissioner-Christina L. Romelus
42
43 Commissioner-Ty Penserga
44
45
46 VOTE
47
48 ATTEST:
49
50 -4422_
5152 4/7‘//4
at Gibson, MMC
53 City Clerk
54
55
56
57 (Corporate Seal)
58
S:\CA\RESO\Agreements\CBA Ratifications\PBA Officers and Detectives MOU COVID Policies-Reso.docx
MEMORANDUM OF UNDERSTANDING
by and between
PBA POLICE OFFICERS& DETECTIVES
and the
CITY OF BOYNTON BEACH
WHEREAS,the PBA Police Officers and Detectives (Union) and the City of Boynton Beach (City) engaged in
impact bargaining on Tuesday,January 11, 2022 regarding City policies and practices related to Covid-19.
IT IS THEREFORE AGREED by and between the Union and the City as follows:
1. The Union agrees to comply with City mask(facial covering) requirements.
2. The City will amend its Covid-19 business travel provisions to include permitting members who have
fully recovered from a Covid-19 infection within the past ninety(90)days,to travel for business within
ninety (90) days of testing positive for Covid-19. In order to be permitted for business travel under
this provision,the following must occur:
a. Member must have submitted a copy of his/her positive test result to the Human Resources
and Risk Management Department immediately following receipt of test result and not
retroactively at time of request for training.
Once Palm Beach County reaches a positivity rate of 8% or lower (as reported by the Florida
Department of Health), members may travel for business regardless of vaccination status. If Palm
Beach County's positivity rate later reaches above 13%,travel will be restricted to those who are fully
vaccinated as defined by the CDC or who have recovered from a Covid-19 infection within the past
ninety (90) days. However, any travel that has been approved, scheduled, and paid for while the
positivity rate is 8%or lower and prior to reaching above 13%will be honored.
Additionally, members who are required to attend an annual recertification training (or an initial
training for those who are new to a specialty assignment) that is only offered from January through
April 2022 are permitted to attend regardless of vaccination status. Requests to Human Resources
must indicate the specific course and the reason for attendance (i.e. annual recertification or initial
certification).
3. The City has amended, retroactively to August 5, 2021, its Covid-19 leave and pay policies for
members as follows:
a. Fully vaccinated members as defined by the CDC and members who have recovered from a
Covid-19 infection within the past ninety(90)days, who experience a "breakthrough" Covid-
19 infection will have their leave time taken for recovery reinstated provided that:
i. The member immediately notifies the Human Resources and Risk Management
Department of a known exposure, upon experiencing symptoms of Covid-19 as
detailed in the City's Self Screening Protocol, and upon any positive Covid-19 test
result; and
ii. The member's vaccination card is on file with the Human Resources and Risk
Management Department and/or the member's copy of his or her positive Covid-19
test result within the past ninety (90) days is on file with the Human Resources and
Risk Management Department; and
iii. a.For an active infection:The member immediately provides a positive PCR test result
to the Human Resources and Risk Management Department,or
b. Following an exposure:The member takes a PCR test three(3)to five (5)calendar days
following the date of exposure, and the member immediately provides their positive PCR
test result to Human Resources and Risk Management Department.
iv. Members who are not fully vaccinated but have recovered from a Covid-19 infection
within the past ninety(90)days and experience a "breakthrough" Covid-19 infection
are eligible for the aforementioned reinstatement of time provisions for one time
only. Fully vaccinated members are eligible for the aforementioned reinstatement of
time for repeat"breakthrough" infections.
4. Pursuant to current published CDC guidance, members who are either fully vaccinated as defined by
the CDC or recovered from Covid-19 within the past ninety (90) days are not required to quarantine
following an exposure, unless experiencing symptoms or testing positive for a Covid-19 infection. In
the event the CDC guidance is updated to recommend quarantine for recently infected persons, the
City and the Union agree to abide the CDC guidance.
5. The Union agrees that the City will rely on information from the Centers for Disease Control and
Prevention(CDC) [and OSHA if applicable]to inform its Covid-19 policies and practices with regard to
quarantine,isolation, return to work,etc.
6. Unless otherwise specifically stated, the provisions of this MOU are not retroactive and become
effective upon ratification by the City Commission while PBA ratification is pending. PBA ratification
must occur no later than February 7, 2022.
7. Upon request of either party, the Union and the City agree to bargain these provisions after ninety
(90)days following ratification,and the Parties will maintain the status quo during those negotiations.
The Union and the City agree that, for and in consideration of the conditions stated herein, the terms and
sufficiency of which are hereby agreed to and acknowledged by the Union and the City:
City of Boynton Beach PBAOfficers/Police &Detectives
clat /
Lori LaVerriere,City Manager Date Katie Mendoza, PBA Legal Counsel Date
Appro e., as to Form.
Palm :each CoUnty Police Benevolent Date
Association,Inc:
Name:John Kazanjian
Title: President