R22-129 RESOLUTION R22-129
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 PALM BEACH COUNTY
7 POLICE BENEVOLENT ASSOCIATION FOR THE
8 POLICE OFFICERS AND DETECTIVES FOR THE
9 PERIOD OF OCTOBER 1, 2022 THROUGH
10 SEPTEMBER 30, 2025, AND AUTHORIZING AND
11 DIRECTING THE INTERIM CITY MANAGER TO
12 SIGN THE AGREEMENT; AND PROVIDING AN
13 EFFECTIVE DATE.
14
15 WHEREAS, the City of Boynton Beach and the Palm Beach County Police
16 Benevolent Association have successfully concluded negotiations for a three (3) year
17 contract for the Police Officers and Detectives; and
18 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
19 the best interests of the residents and citizens of the City to ratify the Collective Bargaining
20 Agreement and execute the same.
21 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
22
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
25 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
26 ratified and confirmed by the City Commission.
27 Section 2. The City Commission of the City of Boynton Beach, Florida does
28 hereby ratify the Agreement between the City of Boynton Beach and the Palm Beach
29 County Police Benevolent Association Police Officers and Detectives Unit for the period
30 of October 1,2022 through September 30,2025,and authorizes and directs the Interim City
31 Manager to sign the Agreement, a copy of said agreement being attached hereto as Exhibit
32 "A".
S:\CA\RESO\Agreements\CBA Ratifications\PI3C PBA Officers and Detectives CRA 2022-25-Reso.doex
33 Section 3. This Resolution will become effective immediately upon passage.
34 PASSED AND ADOPTED this 22nd day of September, 2022.
35 CITY OF BOYNTON BEACH, FLORIDA
36
37 YES NO
38
39 Mayor—Ty Penserga
40
41 Vice Mayor—Angela Cruz
42
43 Commissioner—Woodrow L. Hay
44 /
45 Commissioner—Thomas Turkin
46 /
47 Commissioner—Aimee Kelley
48
49 VOTE '^O
50
51
52
53 A T:
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56 Mayle: D: esus, MPA MC Ty -ns' ga
57 City CI•r Mayo,
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60 (Corporate Seal) �Ep: 10
61 , ' INCORPORA i
62 1g2°,:• ; Michael D. Cirullo,Jr.
63 ��,'�.: City Attorney
64
S:\CA\RESO\Agreements\CBA Ratifications\PBC PBA Officers and Detectives CBA 2022-25-Reso.docx
AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
POLICE OFFICERS AND DETECTIVES
OCTOBER 1, 2022-SEPTEMBER 30, 2025
PBA Officers and Detectives:10/01/2022—09/30/2025
TABLE OF CONTENTS
ARTICLE PAGE NO
1 Preamble 1
2 Recognition and Notice 2
3 Non-Discrimination 3
4 Dues Deduction 5
5 Union Business 6
6 Bulletin Board 7
7 Assignment Pay 8
8 Vacancies and Probation 9
9 Management Rights 10
10 Hours of Work and Overtime 11
11 Wages 14
12 Seniority 16
13 Additional Monetary Benefits 17
14 Uniforms 20
15 Annual Occupational Fitness Evaluations 21
16 Group Insurance 24
17 Leaves 26
18 Holiday Pay 30
19 Funeral Expenses 32
20 Training 33
21 Career Path Program 34
22 Personnel Records 35
23 Legal Action 36
24 Discipline 37
25 Appeals of Disciplinary Action 39
26 Grievance and Arbitration Procedure 41
27 Personal Vehicles 45
28 Drug Testing 46
29 Posting of Assignment and Promotional Opportunities 47
30 Complete Agreement and Non-Waiver Provision 48
31 Severability 49
32 Duration 50
33 Take Home Vehicles 51
34 Off Duty Details 52
35 Pension 54
36 Reserved 56
37 Workers' Compensation and Leaves of Absence 57
Appendix 1: Field Training and Police Training Officers 61
Addendum "A"— Drug Free Workplace Policy 62
Addendum "B"— Mutual Consent Agreement (IPTR) 75
Addendum "C"—Tuition Assistance Program 77
PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 1
PREAMBLE
This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as
the "City" and the Palm Beach County Police Benevolent Association, Inc., located in West Palm
Beach, Florida, hereinafter referred to as the "PBA," Association, or Union, for the purpose of
setting forth the Parties' Agreements regarding rights, wages, hours, terms and conditions of
employment, and benefits.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 2
RECOGNITION AND NOTICE
The City recognizes the Palm Beach County Police Benevolent Association ("PBA") as the exclusive
representative for the purpose of collective bargaining with respect to wages, hours and terms
and conditions of employment for the bargaining unit consisting of all full time sworn police
officers within the following job classifications: Police Officer and Detective, or as modified by
PERC. The term "member" or "employee" will mean any member in the bargaining unit.
The PBA recognizes the City Manager, the City's chief executive officer, or his/her designee(s) as
the exclusive City representative(s) for the purpose of collective bargaining with respect to the
wages, hours and terms and conditions of employment of PBA bargaining unit employees.
All notices concerning the wages, benefits, and conditions of employment of bargaining
employees to the PBA will be addressed to the attention of PBA President with a copy to the PBA
General Counsel and mailed or delivered to 2100 N. Florida Mango Road, West Palm Beach, FL
33409. If changes occur, the PBA will advise the City in writing of the names and addresses of
other PBA representatives, if any, who are authorized to accept notices from the City. Notice by
the City to anyone other than those persons designated by the PBA does not satisfy legal notice
and is not binding on the PBA.
All notices to the City will be addressed to the City Manager with a copy to the City's Human
Resources Director and mailed to P.O. Box 310, Boynton Beach, FL 33425. If changes occur, the
City will advise the PBA in writing of the names and addresses of other City representatives, if
any, who are authorized to accept notices from the PBA. Notice by the PBA to anyone other than
those persons designated by the City Manager does not satisfy legal notice and is not binding on
the City.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 3
NON-DISCRIMINATION
The City will not interfere with the rights of officers to become members of the PBA, and there
shall be no discrimination, interference, restraint or coercion by the City, or any City
representative, against any officer because of membership or because of any activity in any
official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining unit
member who fails to join the PBA, as provided by law. The sole remedy for charges in this
paragraph is the filing of an Unfair Labor Practice (ULP).
The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall
work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the
PBA agree that both Parties have an affirmative duty to act against discriminatory behavior when
it occurs in their presence or comes to their attention. Discriminatory conduct by an employee
can result in disciplinary action up to and including termination. Discriminatory conduct means
any communication,verbal or non-verbal, which is unwelcome, objectionable, or not acceptable,
desired, or solicited and relates to race,sex, color, religion, gender,gender identity or expression,
national origin, physical or mental disability, sexual orientation, age, marital status, or any other
unlawful factor. Alleged violations of this section shall not be subject to the grievance and/or
arbitration procedure established herein; rather, they may be filed with and remedied by the
appropriate local, state, and/or federal agency. Sustained allegations of violations of this
paragraph resulting from an internal investigation remain subject to the grievance and/or
arbitration procedures established herein.
Bargaining unit members have an affirmative duty to report any discriminatory conduct to the
City's Director of Human Resources and Risk Management and Internal Affairs.
Complaints of Alleged Violations of EEOC Laws
Any investigation into a complaint of a Law Enforcement Officer's alleged violation of any
provision of a law/regulation under the purview of the Equal Employment Opportunity
Commission (EEOC) requires involvement and oversight by the City's designated EEO Officer:the
Director of Human Resources and Risk Management. As such, the Director of Human Resources
and Risk Management shall be immediately notified by the Police Chief(or Acting Police Chief) of
any such complaint/allegation made against a Law Enforcement Officer and of the opening of an
Internal Affairs case/investigation related to such complaint/allegation. The Director of Human
Resources and Risk Management is subject to all confidentiality requirements applicable to
Internal Affairs investigations and the penalties for violating any such provision.
The Director of Human Resources and Risk Management shall have immediate access to and shall
promptly review the complaint/allegation and any information provided in connection with the
complaint/allegation. Internal Affairs investigator(s) shall then confer and consult with the
Director of Human Resources and Risk Management on all aspects of the investigation. The
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PBA Officers and Detectives:10/01/2022—09/30/2025
Director of Human Resources and Risk Management may be present at any investigatory
interview/interrogation but may not directly question a member during that interview unless
requested by the member.
Any complaint of a Law Enforcement Officer's alleged violation of any provision of a
law/regulation under the purview of the EEOC that is made directly to, or filed directly with, a
member of the City's Human Resources and Risk Management Department shall be immediately
referred to the Police Chief (or Acting Police Chief).
The City shall follow all provisions of law set forth in Florida Statutes, Sections 112.532, 112.533,
and 112.534, commonly known as the "Police Officers Bill of Rights," throughout the
investigation.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 4
DUES DEDUCTION
The City will deduct Union dues from the pay of any bargaining unit member who voluntarily
requests such deductions upon receipt of a notice from the PBA and approval by the City. The
total amount of deductions shall be remitted each month by the City to the Treasurer of the PBA.
This authorization shall remain in full force and effect during the term of this Agreement or for
thirty(30) calendar days after notification of the revocation of the authorization to deduct by the
employee.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 5
UNION BUSINESS
Section 1.
Elected PBA representatives who are on duty may be granted paid leave to engage in
representation activities on behalf of the PBA or any member as follows:
A. Engaging in collective bargaining with the representatives of the City.
B. Processing of grievances.
C. Accompanying a fellow bargaining unit member when:
1. The member is required to appear at a hearing related to a grievance.
2. The member is presenting or responding to a grievance.
3. The member is subject to questioning and believes (s)he may be
disciplined. The City may negate the member's concern regarding
discipline by written confirmation to the officer that (s)he will not be
disciplined based on answers provided in the questioning.
4. The member is attending a pre-determination hearing.
The City may deny a request for time off if it interferes with productivity or staffing needs.
However, the exercise of such right on the City's part shall not allow the City to proceed in a
manner which deprives the employee of his or her right of representation.
A PBA representative employed by the City may be permitted to take unpaid leave to attend
functions of the PBA. If the leave results in the City incurring overtime directly related to the
absence, the City will not approve the request.
Section 2.
No employee may engage in PBA business or use City equipment or property while on duty except
as referenced in Section 1.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 6
BULLETIN BOARD
The City will provide bulletin board space; one in the Line Up Room and one in the Investigative
Services Section for the exclusive use of the PBA, for posting bulletins, notices and other union
material. The Union will supply locking style bulletin boards. A notice or item placed on the
bulletin board shall bear, on its face, the legible designation of the PBA responsible for placing of
this notice or item on the bulletin board. The Union will hold harmless and indemnify the City
for all claims or actions arising from materials placed on the bulletin board.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 7
ASSIGNMENT PAY
Employees may be assigned to or removed from specialty units at the discretion of the Chief of
Police. With the exception of assignments to K-9, marine and motorcycle, assignments may not
be declined if the assignment has been posted and less than two members apply for the
assignment.An assignment taken involuntarily will not exceed 90 calendar days in total. Removal
from an assignment is not subject to grievance. Only the following assignments have a temporary
monetary benefit, which ends when the employee is removed from the assignment:
ASSIGNMENT: MONETARY VALUE:
FTO/PTO 7% when actively training for one or more full
shifts.
SWAT (Special Weapons &Tactics) 10% when engaged in actual response; not
training.
HNT (Hostage Negotiation Team) 10% when engaged in actual response; not
training.
K-9 and Therapy Dog Unit Employees assigned to the K-9 Unit or to work with
a therapy canine will receive one (1) hour of
overtime for K-9 care, equipment maintenance and
vehicle cleaning for each regular day off, vacation
day when the dog is not kenneled or otherwise
boarded. K-9 officers will be allowed one (1) hour of
duty time per work day to tend to K-9 care,
equipment maintenance and vehicle cleaning.
Employees on vacation will be credited one (1) hour
per day for K-9 care, equipment maintenance and
vehicle cleaning.
Acting Sergeant 7%
Detectives
No further promotions to the rank of Detective First Grade (DFG) will occur (the rank had been
eliminated). The members that had been promoted into that position are grandfathered in and
have a base hourly rate of pay that is ten percent (10%) higher than the Officer's step 10.
1 See Appendix 1 for FTO&PTO program guidelines.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 8
VACANCIES AND PROBATION
Section 1. Vacant positions shall be filled by the City through recruitment and selection of
employees on the basis of their qualifications and relative knowledge, abilities, and skills. The
decision to fill a vacant position is reserved to the discretion of the City Manager.
Section 2. Veterans' Preference:
The City complies with all Veterans' Preference requirements pursuant to Chapter 2021-57, Laws
of Florida and F.S.S. 295.07.
Section 3. Police Officer Recruits that are sponsored by the agency have a probationary period
of one year that starts after passing the FDLE certification exam.
Section 4. All newly hired certified officers have a probationary period of one (1) year from the
date of hire.
Section 5. Probation may be extended for the following reasons with concurrence of the Police
Chief, Human Resources Director, and City Manager:
a. For reasons of performance, probation may be extended for an additional ninety (90)
days.
b. For any extended absence in which the employee is unable to fully participate in training
and/or does not have sufficient time in service in which to be evaluated, probation may
be extended for an amount of time deemed reasonable by the City, but not to exceed the
total length of cumulative absences.
c. The City's right to extend the probationary period of an employee does not create a right
or entitlement of the employee to have their probationary period extended.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 9
MANAGEMENT RIGHTS
It is the right of the City to determine unilaterally the purpose of its Police Department, set
standards of services to be offered to the public, and exercise control and discretion over its
organization and operations. It is also the right of the City to direct its employees,take disciplinary
action for proper cause, and relieve its employees from duty because of lack of work or for other
legitimate reasons. However, the exercise of such rights shall not preclude employees or their
representatives from raising grievances,should decisions on the above matters have the practical
consequence of violating the terms and conditions of any collective bargaining agreement in
force.
If the City fails to exercise any one or more of the above functions from time to time, it shall not
be deemed a waiver of the City's right to exercise any or all of such functions. Any right or
privilege of the City not specifically relinquished by the City in this Agreement or limited by law
shall remain with the City.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 10
HOURS OF WORK AND OVERTIME
Section 1.
The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work cycle.
The work cycle per bargaining members assigned to 8 and 10 hour shifts is a 7 day work cycle.
For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift
will be paid overtime for all hours worked in excess of 161 hours in a 28 day work cycle. For the
purpose of calculating overtime, bargaining unit members assigned to the 8 or 10 hour shifts will
be paid overtime for all hours worked in excess of 40 hours in a 7 day work cycle.
For purposes of calculating overtime, only hours actually worked, or hours worked for
Department authorized training shall be counted as hours worked.
Overtime pay, when so granted, will normally be contained in the member's next regular pay
check following the time worked.
Employees who are in an on-duty status within seven (7) minutes either prior to or after their
shift will not be eligible for overtime pay. Employees who are in an on-duty status more than
seven (7) minutes either prior to or after their shift must be so only with the Supervisor's approval
in order to be eligible for overtime pay.
The City may round start and end time of work and round to the quarter hour consistent with 29
C.F.R. § 785.48.
Example:
6:53—7:07 = 7:00
7:08—7:22 = 7:15
7:23—7:37 = 7:30
7:38-7:52 = 7:45
Section 2.
Pursuant to Article 9, it is a Management Right to establish and change the starting and ending
times. Individual work schedules may be flexed (hour for hour) by personnel assigned to specialty
units, upon request by the employee and mutual agreement between employee and supervisor.
Flexing of time must occur only within a single work week. Uniform Services (group) shift
schedules shall not be changed without the City providing thirty (30) calendar days of advanced
notice to the Union of the change.
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PBA Officers and Detectives:10/01/2022—09/30/2025
Section 3. Shift Vacancy Procedure:
Step 1: Vacancies will be filled with the off-going shift platoon by seniority.
Step 2: These vacancies will be first offered to all Road Patrol Officers called in through
seniority list.
A. The list will start with the most senior road patrol officer eligible to work call-
back overtime by ID number.
B. In the event the shift vacancy is filled,the list will reset to the most senior road
patrol officer.
Step 3: All other personnel eligible for call-back overtime by seniority.
A. Must be eligible to work the entire shift vacancy.
Step 4: Detective First Grade personnel called in by seniority.
A. Must be eligible to work the entire vacancy.
Step 5: Ordered in by reverse seniority.
Section 4.
No member of the Bargaining Unit shall be required or allowed to work more than eighteen (18)
continuous hours except during a declared emergency or during an ongoing immediate
investigation or when overtime is required to complete an on-duty assignment, i.e. late arrest.
Members of the Bargaining unit acknowledge that they have an obligation to come to work
physically and mentally prepared to efficiently and effectively carry out their responsibilities. For
the purpose of this Section, work means regular assigned duties and detail assignments. The
continuous eighteen (18) hours does not include time spent in court, depositions, filings, and
similar judicial responsibilities. Members who work eighteen (18) hours continuously within the
past twenty-four (24) hours must remain off duty for a minimum of six (6) hours.
Section 5.
An employee may engage in outside employment, (including off-duty detail or self-employment)
with the approval of the City Manager and with the understanding that the employee's primary
duty, obligation and responsibility is to the City. Outside employment shall not be permitted
when the City Manager determines that such outside employment would result in a conflict of
interest, interfere with the employee's City work schedule, or otherwise be a conflict with the
employee's employment with the City. To request approval, an employee should:
(a) File an "Outside Employment Request Form & Affidavit" with the Human Resources
Department. The employee must notify the Human Resources Department of changes in
conditions of any outside employment.
(b) Make arrangements with the outside employer to be relieved from duty if called for work
by the City.
(c) An employee must report all injuries sustained during any outside employment to the
employee's Sergeant and to Risk Management prior to the employee's next scheduled
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PBA Officers and Detectives:10/01/2022—09/30/2025
work day at the City. An employee's failure to report an injury sustained during outside
employment shall be grounds for corrective action.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 11
WAGES
Section 1.
Effective October 1, 2022 the following Step Pay Plan is in effect:
• Year One: On October 1, 2022, each bargaining unit member will be placed in the
step that corresponds with his/her current years of sworn service at the City. On the
anniversary date of the member's sworn service date, (s)he will advance to the next step.
There is no payment or advancement beyond Step 10.
Step Salary
0 $ 62,451.00
1 $ 65,573.55
2 $ 68,852.23
3 $ 72,294.84
4 $ 75,909.58
5 $ 79,705.06
6 $ 83,690.31
7 $ 87,874.83
8 $ 92,268.57
9 $ 96,882.00
10 $ 101,726.10
• Year Two: On October 1, 2023, each bargaining unit member will be placed in the
step that corresponds with his/her current years of sworn service at the City. On the
anniversary date of the member's sworn service date, (s)he will advance to the next step
in the pay plan. There is no payment or advancement beyond Step 10.
Step Salary
0 $ 64,949.04
1 $ 68,196.49
2 $ 71,606.32
3 $ 75,186.63
4 $ 78,945.96
5 $ 82,893.26
6 $ 87,037.93
7 $ 91,389.82
8 $ 95,959.31
9 $ 100,757.28
10 $ 105,795.14
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• Year Three: On October 1, 2024, each bargaining unit member will be placed in the
step that corresponds with his/her current years of sworn service at the City. On the
anniversary date of the member's sworn service date, (s)he will advance to the next step
in the pay plan. There is no payment or advancement beyond Step 10.
Step Salary
0 $ 66,898.00
1 $ 70,242.00
2 $ 73,754.00
3 $ 77,442.00
4I $ 81,314.00
5 $ 85,380.00
6 $ 89,649.00
7 $ 94,132.00
8 $ 98,838.00
9 $ 103,780.00
10 $ 108,969.00
Section 2.
Grandfathered Detectives First Grade are paid at an hourly base rate that is ten percent (10%)
higher than the step rate that corresponds to their current total years of sworn service at the
City.
Section 3.
The starting rate of pay for newly hired police officers, who were actively employed for a
minimum of two (2) years as a certified law enforcement officer with a comparable agency, will
be calculated as follows:
• Upon hire, officer will start at Step 0.
• Upon completion of probation,the officer is eligible to advance one (1) step for every two
(2)full years of prior comparable certified law enforcement service,to a maximum of Step
3.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 12
SENIORITY
Section 1.
Seniority consists of continuous accumulated paid sworn service with the Boynton Beach Police
Department. Seniority shall be computed from the date of appointment. Seniority shall
accumulate during absences because of illness, injury in the line of duty, vacation, military leave
or any other authorized leave of absence.
Section 2.
The City agrees that seniority shall govern, or in the case of layoffs be a factor in, the following
matters:
A. Layoffs will be in the following order:
By reverse seniority. Members who have been laid off are subject to recall for up
to one (1) year.
B. Semi-Annual Shift Bidding Process. If a member voluntarily transfers back to Road
Patrol from a Specialty Unit, his/her shift will be assigned by the Chief of Police (or
Designee) based on operational needs.
C. Any special event (Holiday Parade, July 4th, or any other event) shall be offered
through a rotating list of bargaining unit personnel based upon Department
seniority. This section does not apply to special event which require specified and
established training and skills.
Section 3.
Assignments to platoons, divisions, and units, is a management right. Seniority will be given great
weight in the selection process, after qualifications and balance of personnel are considered.
Seniority may not in all cases be a prevailing qualification or the sole basis for the selection. The
decision may be reviewed upon request by the Chief of Police who has the final decision.
Section 4.
In the event of a declared emergency alternate shifts or work schedules may be adopted by the
Chief of Police as needed.
Section S.
Employees who separate from employment with the Boynton Beach Police Department and
thereafter return to employment shall not be permitted to bridge seniority.
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ARTICLE 13
ADDITIONAL MONETARY BENEFITS
Section 1. Compensatory Time
(a) Bargaining unit members may be eligible for compensatory time accrual at the
discretion of the Police Chief (or Designee) for participating in required educational
and/or required training activities, special projects, and/or events. In addition,
members are eligible to convert any overtime hours to compensatory time, subject to
the following:
i. All compensatory time will be earned/accrued at the rate of one and a half
(1.5) times for each one (1) hour worked [in quarter (0.25) increments] and
with a maximum accrual cap of two hundred forty (240) hours.
ii. When a member's compensatory time accrual balance reaches two hundred
forty (240) hours, the member is no longer eligible to accrue compensatory
time until the accrual balance falls below one hundred ninety-five (195) hours.
The member is also required to schedule and use a minimum of forty-six (46)
compensatory time hours within the next one hundred eighty (180) days.
iii. In the event the member fails to schedule and take a minimum of forty-six (46)
compensatory hours during the one hundred eighty (180) day period, dates
will be scheduled by a Command Staff member and required to be taken as
scheduled.
iv. Reasonable compensatory time requests of one (1) day that are denied for
operational reasons will be considered for payout up to three (3)times during
each fiscal year.
v. Members are prohibited from using compensatory time for the same hours
that the member also is actively performing work for the City (exclusive of off-
duty details).
(b) A bargaining unit member who is promoted to a position outside of the Police Officers
& Detectives bargaining unit, or who separates from employment, will be paid the
balance of all unused compensatory time at his/her last hourly base rate of pay in the
Police Officers' or Police Detectives' rank.
Section 2. Call Back
A notification/call-out may be done by e-mail if a shift vacancy is expected/known prior to forty-
eight (48) hours of the shift needing coverage. This notification would be for all members,
including the off-going shift. Call back is defined as any time an officer is called into work when
he/she is off duty, or when the work time is not contiguous with his/her assigned shift. In the
event of call back, the employee shall be compensated for the actual time worked, but not less
than three (3) hours at the rate of pay one and one-half(1.5) times his or her regular rate of pay.
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PBA Officers and Detectives:10/01/2022—09/30/2025
When an officer is called for call back (s)he will be guaranteed a minimum of three (3) hours at
time and one-half, and at his/her supervisor's discretion, the officer may be required to work the
entire three hours or longer. When an officer is called for call back, his/her supervisor will
indicate as to whether or not (s)he should arrive in uniform or in plain clothes, if the option is
available.
Section 3. Court Time
A. Court time will be paid at time and one-half when the officer is not on his regular
assignment. An officer on court time will be compensated a minimum of three (3)
hours at time and one-half.
B. An employee who has been instructed to remain on standby for court appearance
purposes during the employee's off-duty hours shall be paid one-half the straight
time hourly rate for each hour on standby up to a maximum of eight (8) hours of
standby duty in any one day. A minimum payment of one (1) hour straight time
shall be paid for all standby assignments. When an employee is required to stand
by for eight (8) hours, the employee shall receive four (4) hours plus one (1)
additional hour at straight time. If an officer does go to court he will be paid for
the court time indicated in Section A and not receive standby time pay.
C. Bargaining unit members may report directly to court without prior check in at the
police station. Members are still required to document their attendance at the
court house and submit documentation to the Department.
Section 4. On Call
Any bargaining unit member who is on an "on-call" status (other than court time as outlined in
Article 14, Section 3) shall receive compensation of one hour of pay at time and one half for each
day (24-hour period) (s)he is on call. No member will be placed in an on-call status without the
approval of a Command Staff member.
Section 5. Shift Swaps
The City will establish the hours of work best suited to meet the operational and fiscal needs of
the Department. Any officer who accepts and participates in a shift swap will follow the proper
protocol. No officer shall pay or otherwise compensate a fellow officer for swapping shifts. If
the officer is sick and cannot meet his/her obligation to work the shift, they are permitted to find
a replacement without penalty. If any officer abuses this privilege by calling in sick the first time,
they will lose the sick time (per hour) and be suspended from shift swaps for three (3) months.
The second subsequent sick call will be a six (6) month suspension from shift swaps, and the third
sick call could force the member to be permanently disqualified from shift swaps. The member
calling in sick will not be penalized if they provide a legitimate excuse or provide documentation
of being sick.
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PBA Officers and Detectives:10/01/2022—09/30/2025
Section 6. Shift Changes - Employer
An officer will be given adequate advance notice as determined by the Police Chief of any change
in his/her regular hours of work except when an emergency exists. Notice given that is less than
forty-eight (48) hours before any changed schedule (assignment days or days off) is to take effect
entitles the officer to receive compensation at the rate of one and one-half (1.5) times his/her
regular hourly rate for the first day of his/her tour of duty.
Section 7. City Business Outside of Palm Beach County
The City agrees that any member who is required to be out of Palm Beach County to attend court
proceedings as a representative for the City, seminars, or for any other reason as a result of
his/her official City duties as a police officer (s)he will be paid his/her regular rate of pay for each
day or partial day required for said purposes.
Any travel outside of the State of Florida requires the City Manager's written approval prior to
the purchase or payment of any fees for registration, travel, and/or accommodations.
Section 8. Continued Service Incentive
Following October 1, 2022, on the anniversary date of the member's sworn service date, in
recognition of the continued service and of the value that experienced Officers and Detectives
provide to the Police Department, the City will provide a Continued Service Incentive at the
following milestones, as an annual incentive payment on the member's said anniversary date':
Years Amount
11— 15 $ 750.00
16—20 $1,500.00
21+ $3,000.00
Section 9. Language Proficiency Incentive
Members who are proficient/fluent in speaking, reading, writing, and understanding oral
communications in the languages of Creole or Spanish and who have successfully passed a
language proficiency test through a vendor approved by the City and the Union are eligible to
receive a Language Proficiency Incentive' of fifty cents ($0.50) per hour. [Note: The City and
Union will collectively determine the standard proficiency level required for incentive eligibility
once a vendor(s) has been selected. The final incentive details will be completed and available
for implementation no later than November 15, 2022.]
1 The continued service incentive and language proficiency incentive will be included in the definition of pensionable
earnings(total cash remuneration),as permissible.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 14
UNIFORMS
Section 1.
After a Bargaining unit member's initial allocation of uniforms, the City will provide three (3) full
uniform sets and two (2) pairs of shoes per fiscal year. Purchase of shoes shall be limited to
$150.00 per pair. The City will supply replacements for the parts of the uniform when
replacement is appropriate, as determined by the Police Chief (or Designee), and if adequate
funds are available in the City Budget. Members of the bargaining unit assigned to plain clothes
duty will receive up to a total of $1,600.00 a fiscal year, limited to $400.00 installments at the
end of each quarter, in lieu of uniforms for clothing used at work.
Section 2.
Reimbursement, replacement or repair of personal clothing and equipment will be according to
current department policies and procedures. The replacement will require the approval of the
Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to
include, with his/her claim, an explanation of the circumstances of the damage and appropriate
reports concerning the incident where damage to his uniform took place. This allowance shall
commence from the date of assignment on a pro-rated basis. Uniformed Officers assigned to
plain clothes duty for more than three (3) months at a time will receive clothing allowance in
accord with the above for the three (3) months and pro-rated thereafter.
Section 3.
The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract
year. The City shall notify those employees that are eligible, to take their uniforms only to the
approved dry-cleaning establishment in Boynton Beach selected by the City. Detectives and
other members assigned to plain clothes will be given a cash cleaning supplement equivalent to
the cleaning benefit provided to uniform officers. This will be paid at the end of each quarter of
the contract year. This allowance shall commence from the date of assignment on a pro-rated
basis.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 15
ANNUAL OCCUPATIONAL FITNESS EVALUATIONS
Section 1. Physical Evaluation:
A. Mandatory Participation
Due to the importance of certification of fitness for duty, bargaining unit members are
required to attend and participate in an occupational fitness evaluation as scheduled,
once per term of this Agreement. [Note: The City and Union agreed that all members
who were active on or before August 26, 2022, are required to participate in the
occupational fitness exams that are scheduled from October 3, 2022 through October 21,
2022, and such participation will satisfy the member's mandatory participation
requirement for the term of this Agreement.]
B. Voluntary Participation
Members of the bargaining unit may voluntarily participate in this exam process during
years in which a member is not required to participate, pursuant to Section 1.(A) of this
Article.
(1) In order to voluntarily participate, a member must notify the Director of
Human Resources and Risk Management by email no later than May 15t of each
year of this agreement.
(2) Due to the advanced notice required to schedule these exams through the
vendor and the cost to the City, voluntary participation status is "locked in" as of
May 1st of each year and no changes/cancellations will be accepted after that date.
(3) In the event a member who voluntarily elected to participate decides not
to participate after May 1st, but prior to completing any portion of the exam, the
member is responsible for reimbursing the City for the total cost of the exam
through either a payroll deduction or by a check made payable to the City of
Boynton Beach, within thirty (30) days of cancellation. [Note: The per member
cost for the exam for FY 2022-2023 is $420.00] In no instance will the
reimbursement cost be greater than $420.00. The Director of Human Resources
may waive the reimbursement cost at his/her discretion based on the unit
member's explanation of cancellation, if one is provided.
(4) A member who voluntarily elects to participate and completes any portion
of the exam process is then subject to the same provisions as those who are
required to participate.
C. Miscellaneous Provisions
In any instance where a bargaining unit member completes an evaluation off duty, (s)he
will receive compensation equaling two (2) hours at a rate of one and a half (1.5) times
the bargaining unit member's hourly rate of pay.
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PBA Officers and Detectives:10/01/2022—09/30/2025
(1) It is the responsibility of the bargaining unit member to ensure that this
physical evaluation and all follow-up testing required solely as a result of
being found "unfit for duty" by a medical doctor are completed in a timely
manner and as scheduled.
(2) Failure to attend, and/or participate in the mandatory 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.
(3) For the term of this Agreement, the City will contract with a qualified
medical provider to perform occupational fitness evaluations. 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 Resources and Risk
Management regarding ADAAA, FMLA, and/or Workers' Compensation.
Section2. Immunization:
The City shall provide opportunity for members to receive immunizations during the term of this
Agreement for all members as a means of protection from the following:
• Hepatitis—Type B: Available to all bargaining unit members
o 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: Available to all bargaining unit members.
o 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.
Section 3. Other Testing:
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PBA Officers and Detectives:10/01/2022—09/30/2025
• The City shall provide lead testing for Range Instructors.
• The City will provide for AIDS and Hepatitis screening in instances where a member is
exposed to situations or persons presenting such biological contamination threat.
Section 4. Exposures:
The City acknowledges and complies with all statutory notice requirements and presumptions
regarding exposures in the line of duty.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 16
GROUP INSURANCE
Section 1. Medical, Dental, and Vision Insurance
The sole medical benefit plan currently available to employees is a High Deductible Health Plan
(HDHP). The cost for "employee only" coverage for the HDHP medical, dental, and vision
insurance premiums shall be paid by the City for bargaining unit members while they are
employed by the City. Members are responsible for the cost of covering dependents on these
plans.
The City Commission, through the Annual Budget process, may appropriate funds to subsidize
employees' premium costs for employees who cover dependent children on their City medical
plan. 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.
Medical Insurance:
HSA Contributions:
The City will contribute an annualized total of one thousand five hundred dollars ($1,500.00) into
a bargaining unit member's Health Savings Account (HSA) on the first full pay check date
following January 1st of each year of this Agreement.
In order to be eligible for the annual HSA deposit above, a bargaining unit member
must have been actively employed with the City on September 30th of the preceding
year to receive the next following contribution.
ii. The IRS prohibits members who have medical insurance through Medicare, Tricare,
or Tricare for Life from contributing or receiving contributions into an HSA plan;
therefore,the City will provide the cash equivalent in the member's first full paycheck
following January 1stof each year of this Agreement.
a. In order to receive this payment, the member must email the Director of Human
Resources and Risk Management no later than November 30th of each year of this
Agreement with documentation that shows the member is covered on one of the
aforementioned plans.
New Hires:
Bargaining unit members hired on or after October 1st of each year, and who elect to be covered
on the City's medical insurance, will accrue one hundred and twenty-five dollars ($125.00) per
active month of service for the City to deposit into their HSA through September of that plan
year. 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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PBA Officers and Detectives:10/01/2022—09/30/2025
Leave Time Conversion to HSA:
The City will provide opportunities to convert an annualized total of up to one thousand five
hundred dollars ($1,500.00), after pension deduction, of any combination of sick and vacation
time at the 100% conversion rate to help fund their HSA. This conversion can be done at the
following times during each plan year (2022, 2023, 2024, and 2025):
i. October 1st— November 15th (any amount up to an annualized total of$1,500.00).
ii. April 1st—April 30th (any amount up to an annualized total of$1,500.00).
iii. "Annualized" means plan year/contract year/fiscal year (October 1st through
September 30th)
Section 2. 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.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 17
LEAVES
Section 1. Vacation
A. Accrual:
1. Bargaining unit members accrue vacation hours each pay period when they are in an
active paid status of twenty-four(24)or more hours in a work week. No member may
use more vacation leave than (s)he has accrued. The chart below shows the maximum
annual accrual of vacation hours based on years of service:
Years of Service Vacation Hours
1 year 96
2 years 120
3 years 120
4 years 128
5 years 136
6 years 144
7 years 152
8 years 160
9 years 168
10 years 176
11 years 176
12 years 176
13 years 176
14 years 176
15 years 176
16 years 192
17 years 192
18 years 192
19 years 192
20 years 192
21 years & after 200
2. A bargaining unit member 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 beyond the Allowable
Maximum; however, any accrued and unused vacation hours exceeding the Allowable
Maximum on September 30th of each year will be forfeited.
B. Requests:
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PBA Officers and Detectives:10/01/2022—09/30/2025
1. Vacation requests may be submitted from 14 - 105 days in advance for vacation.
In the event of conflicting requests for vacation dates, the senior member's
request shall prevail provided the more senior member's request was submitted
ninety (90) days prior to the date(s) requested.
2. Vacations of two (2) days or less may be made with twenty-four (24) hours of
advance notice.
3. Request for emergency vacation leave will considered individually by the Chief.
4. A bargaining member who is absent without approval will not be compensated for
the time absent and may be subject to disciplinary action.
C. Bonus Vacation Hours:
Members are eligible to accrue up to eight (8) Bonus Vacation Hours on a quarterly basis
by participating in and/or meeting certain benchmarks in department and City safety and
wellness incentives. Details of each quarter's incentive program benchmarks will be
provided and published.
Section 2. Sick Leave
A. Accrual:
Bargaining unit members will accrue sick leave on a bi-weekly basis (3.69 hours) for an
annualized total of ninety-six (96) hours per year. In order to receive accrued sick leave
in a work week, a member must have been in an active paid status of twenty-four (24)
hours or more. No member may use more sick leave than (s)he has accrued.
B. Notice of Use of Sick Hours:
Unscheduled Sick: A member shall notify his/her immediate supervisor or designee,
in a manner provided for by management, of his/her illness not less than sixty (60)
minutes before the start of his/her scheduled shift. If a member fails to call in within the
specified time, the member may be subject to progressive discipline. This notice
procedure shall be followed for each day the member is unable to report to work unless
the member has been authorized by Human Resources and the City Manager for an
extended leave of absence.
Scheduled Sick: A member may request, with a minimum of forty-eight (48) hours
of advanced notice,to use scheduled sick hours for medical, dental, optical, appointments
and/or procedures. Documentation to support payment under the "scheduled sick" pay
code must be provided with payroll. Unsubstantiated use of such time will result in the
time being recoded to "sick."
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PBA Officers and Detectives:10/01/2022—09/30/2025
Sick hours may be requested and/or utilized upon approval of the Police Chief(or
Designee) for the following reasons:
1. Member's health, or up to forty (40) hours per fiscal year for illness of
immediate family member: the member's parent, spouse, or child.
2. Medical, dental, or optical treatment that is determined in writing by a
physician to be necessary and must be performed during working
hours.
3. Quarantine due to exposure to contagious disease.
4. 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.
5. 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).
The following conditions may be deemed as excessive/abusive use of sick leave
and may result in a referral to Human Resources for FMLA and/or progressive
discipline:
1. Members who have developed a pattern of sick leave usage.
2. Members who are required to use vacation leave in lieu of or in
supplementation of sick leave to compensate for absences (except
approved FMLA).
C. Documentation Required:
For any use of sick time in excess of three (3) consecutive work days, a member is required
to provide written medical certification to the Human Resources and Risk Management
Department upon return to work. Additionally, a member who calls out sick after being
ordered to work a holiday, special event, or other mandatory assignment, is required to
provide a doctor's note to Human Resources and Risk Management upon return and to
notify their immediate supervisor that this documentation has been submitted.
"Consecutive work days" means any day for which a member was scheduled to work,
including additional or "overtime" shifts.
D. Payout of Sick Leave
1. Members who are terminated from the City are not eligible for a payout of sick
leave.
2. Members will have payment made for their accrued and unused sick hours, at
the percentage specified in the table below, upon resignation, retirement,
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PBA Officers and Detectives:10/01/2022—09/30/2025
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
appropriate Pension Plan).
Continuous Years of Service Percentage of Sick Leave Payout
Less than 5 full years 0%
years but less than 10 full years 25%
More than 10 full years 50%
Upon retirement from the City 50%
3. An employee retains his/her accrued and unused sick hours while employed
in a full-time position with the City. If an employee's status converts to a part-
time position, whether voluntarily or involuntarily, (s)he will have his/her
accrued and unused sick leave paid out pursuant to the aforementioned table.
E. Sick Leave Conversion:
Members who have more than one hundred twenty (120) hours of sick leave as of
September 1st of any contract year may convert 50% of the excess over one hundred
twenty (120) hours to a cash straight time payment not to exceed eighty (80) hours. This
conversion payout will occur by September 30th
F. Sick Leave Donations:
Sick Leave Donations are available pursuant to City policy.
Section 3. Personal Leave
At the sole discretion of the Police Chief (or Designee), a member may be granted up to
sixty(60) hours of paid personal leave in a fiscal year. There is no entitlement to Personal
Leave, and the Police Chief's approval of or denial of such leave is not subject to grievance.
Section 4. Bereavement Leave
In the event a member has experienced the death of his/her mother, father, foster
parent, step-parent, brother, sister, husband, wife, registered domestic partner, son,
daughter, grandparents, grandchildren, mother-in-law, father-in-law, sister-in-law or
brother-in-law, or grandparent of spouse or registered domestic partner, a member may
use paid compassionate leave not to exceed three (3) consecutive shifts for any one
death. However, if it is necessary for the member to leave the State in connection with
the internment of the deceased, the member may use an additional two (2) consecutive
shifts. Members must submit proof of death within thirty (30) days in order to be eligible
for paid compassionate leave. The City Manager may grant additional compassionate
leave at his/her sole discretion.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 18
HOLIDAY PAY
Section 1. Bargaining Unit Members will receive Holiday Pay in the following manner:
A. The second paycheck in October, members will receive 90 hours straight
time Holiday Pay at current rate of pay on check date. This payment is for
the following holidays:
o Veterans' Day
o Thanksgiving Day
o Day After Thanksgiving
o Christmas Eve
o Christmas Day
o New Year's Day
B. The second paycheck in January, members will receive 90 hours straight
time Holiday Pay at current rate of pay on check date. This payment is for
the following holidays:
o Martin Luther King, Jr. Day
o Presidents' Day
o Memorial Day
o Juneteenth
o Independence Day
o Labor Day
Section 2. Bargaining Unit Members must be actively employed on the paycheck date in
order to receive the Holiday Pay in Section 1.
Section 3. Bargaining Unit Members who leave employment must pay back any holidays for
which they were paid but were not employed on date of holiday. This payment
will be deducted from the member's final pay check at the hourly rate at which
the holiday was paid.
Section 4. New Hires will receive Holiday Pay on a pro-rated basis on the first paycheck of
the month following date of hire. The proration will be calculated as follows:
A. If hired between October 1st and January 1St, (s)he will receive Holiday Pay
for only the holidays in Section 1A that occurred while (s)he was actively
employed.
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PBA Officers and Detectives:10/01/2022—09/30/2025
B. If hired between January 2nd and September 30th, (s)he will receive Holiday
Pay for only the holidays in Section 1B that occurred while (s)he was
actively employed.
Section 5. There is no additional pay, premium or otherwise, for time worked on City-
observed or actual holidays.
Section 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do not
work on City-observed or actual holidays.
Section 7. Members with non-road patrol assignments whose scheduled work day falls on a
City-observed holiday may have the following options (based upon scheduling
approval of Supervisory Chain of Command):
a) Work on the City-observed holiday and get paid at straight time for the actual hours
worked, or
b) Not work on the City-observed holiday and request to use paid leave (such as available
comp time or vacation leave) to be compensated for the hours, or
c) Not work on the City-observed holiday and be in an unpaid status for those hours (absent
any request to use available paid leave), or
d) With advanced agreement and approval from supervisor, a non-road patrol member may
flex his/her schedule during any work week in which there is a City-observed holiday.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 19
FUNERAL EXPENSES
Section 1. The City will make a payment of fifteen thousand dollars ($15,000.00) to the
beneficiary of bargaining unit employees considered by law to have expired in the line of duty.
Section 2. All employees shall complete the appropriate form to designate by name and
address, the individual to whom such funds are to be paid. In the event of conflicting claims for
payment, the City will interplead the funds by court proceeding if the parties with conflicting
claims cannot resolve their dispute within sixty (60) calendar days.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 20
TRAINING
Section 1.
a. Mandatory Officer Training Requirements
All basic mandatory training and retraining that an officer is required to attend while off duty
will be compensated at a rate of one and a half (1.5) times the officer's hourly base rate for
actual time in training.
b. Conferences, Seminars, Other Training/Special Programs
Other off-site training/special programs, including but not limited to conferences and
seminars, for which the City approves a member to attend and pays the associated expenses
are exempt from compensation other than the member's hourly base rate of pay for hours
of actual classes while in attendance and for any hours the member is attending that were
regular scheduled work hours. The City reserves the right to flex a member's work schedule
to reduce the cost of overtime that may result from a member attending such classes on non-
scheduled work days.
Section 2. Weapons Training
The content and course of weapons training will be established by the Chief of Police. Each
member will be allowed three opportunities to meet prescribed qualification standards. If the
officer does not qualify in three attempts, they will be required to qualify on their own time and
expense to remain eligible for employment as law enforcement officers.
Section 3. College Tuition Assistance
The City will reimburse eligible members for tuition pursuant to the City's Tuition Assistance
Program, which is attached as Addendum "C." The provisions of this Section and Addendum "C"
relate to the reimbursement assistance for General Education Core Courses and Degree Program
Core Courses. For the term of this Agreement,Tuition Assistance is funded at thirty-five thousand
dollars ($35,000) per fiscal year and covers members of both the Police Officers& Detectives unit
and the Police Sergeants unit.
The provision of the City's Tuition Assistance Program that restricts DROP participants from
eligibility is not applicable to members of any PBA bargaining unit.
Section 4.
The City will reimburse members for authorized expenses associated with attending training and
special schools as approved by the Police Chief.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 21
CAREER OFFICER PROGRAM
The City and Union will continue to discuss the development of a Career Officer Program, and
this Article will be reopened at the request of either party, but no later than October 2023.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 22
PERSONNEL RECORDS
Section 1.
A personnel file for all City employees is maintained by the City's Human Resources Department.
Employees may inspect and obtain copies of personnel files in accordance with Florida Law.
Section 2.
Internal affairs investigatory files will be maintained in accordance with Florida State Statutes.
Section 3.
All bargaining unit members covered by this Agreement must be notified within twenty-four(24)
hours of the request in writing (E-mail is acceptable notification) when someone other than a
City employee requests to review the bargaining unit members' personnel/I.A. file, unless the file
is being inspected by a governmental agency (including IRS), or state attorney, in the conduct of
a lawful criminal investigation when confidentiality of the investigation is requested.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 23
LEGAL ACTION
Section 1.
In accordance with Florida Statutes, the City will provide legal defense for a member against any
civil damage suits wherein said member is a named party and wherein the alleged damages were
allegedly caused by the actions of said member while acting within the scope of his/her authority
and within the course of his employment.
Section 2.
The City will indemnify all members against judgments for compensatory damages entered
against them as a result of their actions to the extent that the City is found liable for such actions.
Section 3.
The City will select the Attorney who is to defend the employee relative to this Article.
Section 4.
The employee will be responsible for filing any counterclaims at his/her expense.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 24
DISCIPLINE
Section 1. The Parties recognize that the interests of the community and job security of the
bargaining unit members depends upon the City's success in providing proper and efficient
services to the community. To this end, the City and the PBA encourage to the fullest degree,
behavior which is positive and supportive of the goals of effective municipal management and
public safety. The Parties recognize the need for progressive and appropriate discipline when an
employee's conduct and job performance are inconsistent with said goals.
Section 2. No bargaining unit member shall be disciplined except for cause. Progressive,
consistent, and appropriate discipline will be administered according to the seriousness of the
offense. The following disciplinary actions shall be utilized and, depending on the severity of the
offense, the first action may be at any appropriate level including dismissal.
A. Written Notice/Reprimand
B. Unpaid Suspension
C. Demotion
D. Termination
Discipline is classified as either major or minor, as follows:
MAJOR DISCIPLINE is a(n):
• Unpaid Suspension of more than sixteen (16) hours;
• Demotion, or;
• Termination.
MINOR DISCIPLINE is a(n):
• Written Notice/Reprimand, or;
• Unpaid Suspension of sixteen (16) hours or less.
Section 3. Any bargaining unit member who has been promoted, and who thereafter is
demoted, shall be returned to the position and shift(s) he or she occupied immediately prior to
the promotion or to a position and shift consistent with his or her seniority as a sworn officer
with the Boynton Beach Police Department, whichever is more favorable for the member.
Personnel re-entering the bargaining unit as provided above shall be placed in their respective
Step Pay Plan based upon their completed years of sworn service with the City of Boynton Beach
Police Department at the time of demotion.
Section 4. No Employee shall be subject to major discipline without first being afforded a
pre-determination conference with the City Manager. No pre-determination conference shall be
conducted with less than fifteen (15) calendar days' notice to the Employee.
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PBA Officers and Detectives:10/01/2022—09/30/2025
Section 5. Unpaid suspensions will be imposed in increments of eight (8) hours loss of pay.
Section 6. Members will be ineligible to work off duty details during any calendar day on
which they are observing a suspension.
Section 7. The City will provide notice to the PBA when it completes an investigation of
bargaining unit members that could result in disciplinary action or when an employee is given a
suspension.
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PBA Officers and Detectives:10/01/2022—09/30/2025
ARTICLE 25
APPEALS OF DISCIPLINARY ACTION
Appeals of disciplinary action shall be handled as follows:
MINOR DISCIPLINE:
A. Written Notices/Reprimands may be submitted for review by the Chief of Police as
follows:
1. Member must submit a written response to the Written Notice/Reprimand (email
is acceptable) to the Chief of Police, with a copy to the Director of Human
Resources and Risk Management, within fifteen (15) calendar days of issuance.
2. After review of a member's written response and within fifteen (15)calendar days,
the Chief of Police may rescind the Written Reprimand. The Chief's determination
will be in writing (email is acceptable) to the member, with a copy to the Director
of Human Resources and Risk Management. The Chief's response may simply
state the determination outcome.
3. The Director of Human Resources and Risk Management will ensure the member's
employment file contains the originally issued Written Notice/Reprimand, the
employee's written response, and the Chief of Police's determination to sustain,
reduce, or reject the discipline.
4. Alternatively, a member is permitted to provide a written response to the Written
Notice/Reprimand to both the Chief of Police and the Director of Human
Resources, up to 90 days following its issuance for inclusion in his/her
employment file. However, the Chief of Police will not consider reducing or
rejecting discipline from any written responses received after the deadline as
stated above in A(1)-(3).
B. Unpaid Suspensions of sixteen (16) hours or less (following pre-disciplinary meeting
under Chapter 112, Florida Statutes) may be formally appealed to the Chief of Police, whose
decision shall be final. A member may submit a written response to be included in his/her
employment file.
1. Following the initial pre-disciplinary meeting and receipt of final discipline, an appeal
shall be filed in writing via electronic mail to the Chief of Police and the Director of Human
Resources and Risk Management within fifteen (15) calendar days of notice of the unpaid
suspension.
2. The Chief of Police shall render a decision within fifteen (15) calendar days of the
appeal.
3. The Chief of Police's decision may be to sustain, fully reject, or lessen the discipline.
The Chief of Police (or Designee) may, at the request of the member, conduct interviews
with departmental staff or members of the bargaining unit as part of his/her formal
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review of the discipline and of alleged violations of this Agreement and/or Chapter 112,
Florida Statutes, if applicable.
MAJOR DISCIPLINE:
A. Pre-Disciplinary Meeting with the Chief of Police under Chapter 112, Florida Statutes:
1. Following the initial recommendation of discipline, members may schedule and
attend a Pre-Disciplinary meeting with the Chief of Police, pursuant to Chapter 112,
Florida Statutes, within thirty (30) calendar days of the issuance of Major Discipline. This
request must be in writing (e-mail is acceptable) to the Chief of Police with a copy to the
Director of Human Resources and Risk Management.
2. After the meeting, if one is requested, or after receiving the member's written
statement in lieu of a meeting,the Chief of Police will render his final disciplinary decision
within fifteen (15) calendar days.
3. If a member does not request and attend a pre-disciplinary meeting with the Chief
of Police, or does not provide a written statement in lieu of a meeting, within thirty (30)
calendar days of the initial recommendation of discipline, then the Chief of Police's initial
discipline recommendation will stand. However, the member may opt to waive the
meeting with the Chief of Police and proceed directly to the Predetermination Conference
with the City Manager.
B. Predetermination Conference with the City Manager:
1. Prior to the imposition of Major Discipline, a member may elect to participate in
a Predetermination Conference with the City Manager. The member must request a
conference with the City Manager within fifteen (15) calendar days of the final
determination by the Chief of Police.
2. Members will have a minimum of fifteen (15) calendar days' notice of the date of
the Predetermination Conference.
3. The City Manager will render a disciplinary decision, which is final, within thirty
(30) calendar days of the predetermination conference.
C. Arbitration: Following a Predetermination Conference with the City Manager, if the final
recommendation of discipline remains as Major Discipline, then the matter may be referred
directly to Arbitration, beginning at Step Three of the Grievance Procedures pursuant to Article
26, 5.A.
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ARTICLE 26
GRIEVANCE AND ARBITRATION PROCEDURE
Section 1. A grievance, as used in this Agreement, is limited to a complaint or request of a
bargaining unit member or the PBA which involves the interpretation or application of, or
compliance with, the provisions of this Agreement. Appeals of disciplinary action are not
grievances but may be brought following the procedures set forth in Article 25 and Step Three
(3) of this Article.
Section 2. Grievances concerning working conditions not specifically covered by the terms
and provisions of this Agreement shall be subject to the grievance procedure up to, but not
including, arbitration.
Section 3. In the event a grievance should arise as to the interpretation or the application of
the terms of the Agreement or departmental regulations, the said dispute or grievance shall be
dealt with in the following manner. Any grievance not answered by the City within the time limits
provided below will automatically advance to the next higher step of the grievance procedure.
Section 4. All references to "days" in this Article shall mean calendar days.
Section 5. Procedures
A. Grievance Procedures
Step One— Police Chief
The aggrieved employee(s) or an Association representative on behalf of an aggrieved
employee(s) shall file a Step One written grievance by electronic mail to the Police Chief
and the Director of Human Resources and Risk Management on or by the fifteenth (15th)
day of the occurrence or on or by the fifteenth (15th) day of when the employee(s) knew
or should have known of the occurrence.
All grievances shall include the following:
a. Statement of the grievance and the facts and circumstances upon which it
is based;
b. Name and rank of grievant(s);
c. The Article(s) and Section(s) of the Agreement alleged to have been
violated; and
d. The remedy requested;
All class action grievances shall also include:
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a. Statement indicating the grievance is a class action; and
b. Signature of a PBA Union Official/Attorney.
The Police Chief's Step One response shall be transmitted to the Union and to the
Director of Human Resources and Risk Management on or by the tenth (10th) day
of receipt of a grievance. If the Police Chief does not respond in writing via
electronic mail, the grievance is presumed to be denied and the employee or an
Association representative may advance the grievance to Step Two.
Step Two—City Manager (or Designee)
If no resolution is reached at Step One, the aggrieved employee(s) or the
Association representative on behalf of the aggrieved employee(s) may file a Step
Two written grievance by electronic mail to the City Manager and the Director of
Human Resources and Risk Management on or by the fifteenth (15th) day of
receipt of the Police Chief's Step One response.
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 and Grievant within seven (7) days of receipt of the Step
Two grievance if (s)he intends to conduct interviews. Once such notification is
made, the time period for the City's Step Two response is tolled with mutual
agreement by the Union 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 no later than thirty (30) days of receipt of the Step Two
grievance or by a mutually agreed upon extended date. If the City Manager (or
Designee) does not respond in writing via electronic mail, the grievance is
presumed to be denied, and the aggrieved employee or an Association
representative may move to the next step.
Step Three—Arbitration
If the grievance has not been settled by Steps 1 and 2, the PBA or the City may
request arbitration within fifteen (15) calendar days of receipt of the City
Manager's (or Designee's) reply or when a reply was due, if none is submitted.
Following a Predetermination Conference with the City Manager under Article 25,
appeals of disciplinary matters continue at this Step of the Grievance Process.
Notices to the City under this section must be sent to the City Manager and to the
Director of Human Resources and Risk Management, and electronic mail is
sufficient. Notices to the PBA under this section must be sent to the assigned PBA
attorney, with a copy to PBA President.
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B. Arbitration Procedures
The Party requesting arbitration must timely file with the American Arbitration Association
(AAA) or Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7)
arbitrators on or before the fifteenth (15th) day deadline, and a copy shall be served on the
other Party. The rules for conduction of the arbitration will not be the rules of AAA or FMCS
unless agreed to by the City and PBA, but will be governed by the terms of this Agreement.
1. Arbitrator Selection
Each Party retains the right to reject one panel in its entirety and request that a new
panel be issued at the rejecting Party's expense. The grieving party shall strike the
first name with each Party alternating strikes thereafter until only one arbitrator's
name remains. The last name 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 mutually agreeable to
the City and the Union.
2. 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.
3. Arbitrator Authority and Award
The arbitrator may sustain, reverse, or modify the discipline set by the City Manager.
The decision of the arbitrator is final and binding on the parties. If the arbitrator
reverses the discipline in its entirety, the Employee will be made whole. Any and all
procedures regarding arbitration which are not specifically set forth in this Section
shall be governed by this Article. The decision of the arbitrator is final and binding on
the Parties subject only to the rights of the parties to confirm, clarify, or set aside the
award as set forth in the Florida Arbitration Code.
The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if
any, or of the transcript if Parties have agreed to submit the transcript in lieu of briefs.
The arbitrator shall submit his/her decision in writing with a statement of findings and
reasons within thirty (30) 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.
4. Other Provisions
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A transcript of the Hearing will be made, unless waived by both Parties. The cost,
including the arbitrator's copy,will be shared equally by the Parties with the PBA share
not to exceed $500.00.
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 agreement of both Parties, a meeting will be held at any step of the grievance
procedure. 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.
A probationary employee may not grieve any matter concerning assignment, or
discharge for reasons of failure to meet performance standards.
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ARTICLE 27
PERSONAL VEHICLES
Section 1. When an employee is required to use his/her personal vehicle in the performance
of police duties, said employee shall be reimbursed a mileage rate as established by City
resolution, excluding mileage traveled to and from the normal work location.
Section 2. For the purpose of this Article, the performance of police duties shall include
attendance at court, depositions, administrative hearings, conferences with City officials,
schools, and/or seminars.
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ARTICLE 28
DRUG TESTING
The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. Bargaining
Unit employees are subject to random, reasonable suspicion, and post-accident drug testing.
The Drug Free Workplace Policy approved by the City and the PBA is attached as Addendum "A."
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ARTICLE 29
POSTING OF ASSIGNMENT AND PROMOTIONAL OPPORTUNITIES
Vacancies in positions or assignments will be posted in-house no less than five (5) calendar days
before the application deadline for the position or assignment. Members applying for a posted
position or assignment must meet the qualifications on the final day of posting; for example,
while the member may not be eligible at the time his/her application is submitted, if the member
will satisfy all of the qualifications by the final day of posting,then the submitted application shall
be accepted and considered.
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ARTICLE 30
COMPLETE AGREEMENT AND NON-WAIVER PROVISION
Section 1. This Agreement is the complete Agreement between the parties, cancels all prior
practices and agreements, and, except as expressly provided for herein, relieves the Parties of
the obligation to bargain on any subject during the term of this Agreement.
Section 2. There is no past practice which results in a monetary benefit except as set forth
expressly in this Agreement. All bargaining unit members are covered under the terms of this
Agreement, Departmental Rules and Regulations, and the City's Personnel Policy Manual and not
under any Civil Service Rule/Regulation and heretofore in existence.
(a) When the City intends to make changes to City or Departmental Administrative Rules or
Regulations, or Procedures, the City will provide written notice to the PBA. This 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 PBA believes that that modification constitutes a change to wages, benefits or
conditions of employment, PBA will have fifteen (15) calendar days from date of notice
to advise the City if the PBA is requesting pre-implementation or post implementation
impact bargaining and to identity with specificity the manner in which the modification
affects the rights of its members.The PBA response shall include three (3)dates and times
when the PBA is available to meet with the City to discuss/bargain the modification,
excluding dates in the first ten (10) days following the PBA request. When bargaining is
requested, it shall begin no less than ten (10) days following the PBA's request and shall
be concluded within fourteen (14) days following the first bargaining session.
(c) This provision is not a waiver, restraint, or limitation on the City's management right to
determine unilaterally the purpose of its Police Department, set standards of services to
be offered to the public, and exercise control and discretion over its organization and
operations. Further, this provision is not a waiver of the City's rights or the PBA's rights
under Chapter 447, Florida Statutes.
Section 3. Nothing in this Agreement shall be construed or interpreted as a waiver of the
PBA's right to request bargaining or impact bargaining.
Section 4. Nothing in this Agreement shall be construed or interpreted as a waiver or
limitation on the City's management rights.
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ARTICLE 31
SEVERABILITY
Section 1. If any provision of this Agreement is found to be invalid by any courts having
jurisdiction in respect thereof, such findings shall not affect the remainder of this Agreement,
and all other terms and provisions shall continue in full force and effect.
Section 2. In the event of such finding the Parties will meet within thirty (30) days to begin
negotiations of a replacement Article or Section.
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ARTICLE 32
DURATION
This Agreement shall take effect when ratified by the members of the collective bargaining unit
and the City Commission and shall remain in effect until September 30, 2025. No base wage
increase, step, cost of living,or other compensation adjustments, except increases resulting from
an assignment, shall be paid beyond September 30th of each year, except as provided in a
subsequent Memorandum of Understanding or Collective Bargaining Agreement.
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ARTICLE 33
TAKE HOME VEHICLES
Section 1. The City agrees to continue the take home vehicle program during the term of this
Agreement and to purchase as reasonably as possible the number of vehicles sufficient to supply
eligible members of the bargaining unit.
Section 2. Eligibility:
• Members who reside within 60.0 miles of Police Headquarters (2100 High Ridge Road)
are eligible for a Take Home Vehicle provided they:
o Have successfully completed Field Training, and
o Have not had their police powers suspended.
• Members who are on modified/light duty related to a workers' compensation claim who
do not have driving restrictions are eligible based upon availability of an unmarked
vehicle.
• Members who are on modified duty related to a non-work-related injury or temporary
disability may be provided with an unmarked vehicle based on availability and seniority
(ID number), provided their work restrictions do not prohibit driving.
Section 3. Vehicles will be assigned on the basis of seniority (by ID number), with seniority
bumping rights for Members transferred to patrol.
Section 4. Assigned vehicles are not for personal use but for work only.
Section S. F.S. 627.7491 — Official law enforcement vehicles; motor vehicle insurance
requirements:
This statute took effect on July 1, 2022 and requires police departments to maintain auto
insurance coverage to cover their vehicles when an officer travels to or from work in a take home
vehicle. The City has the necessary insurance in place to comply with this statute. The coverage
must also cover the time an officer travels to and from any other work assignment in the take
home vehicle. However, there are two exceptions:
1. Coverage is not required if the officer makes any "distinct deviation for a nonessential
personal errand."
a. The City and Union define "distinct deviation" as any personal use of Take Home
Vehicle other than de minimis use along the member's normal commute route.
For example, stopping at a convenience store, bank, or fast food restaurant that
is on a member's reasonable commute route is considered de minimis.
2. Coverage is not required if the officer "acts in bad faith or with malicious purpose or in a
manner exhibiting wanton and willful disregard of human rights, safety, or property."
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ARTICLE 34
OFF-DUTY DETAILS
All off-duty details (work performed for a second party employer) require prior written approval
by the Chief of Police (or Designee). Police Department Index Code 712 applies except as
modified in this Article. Sworn Law Enforcement Officers in positions outside of PBA bargaining
units are not prohibited from participating in the off-duty details program.
The City will continue coordinating off-duty details. The net rate of pay for off-duty details paid
to the officer will be set by the PBA, but no less than fifty dollars ($50.00) per hour with a three
(3) hour minimum. PBA may change this rate at any time with a minimum of fifteen (15) calendar
days of written notice to the City.
The City will act as the conduit for payment for off-duty details from the second party employer
to the officer. The City may contract with a company or individual for processing. Payment to
the officer is contingent on collection from the second party employer.
Any payments for off duty detail work performed on behalf of a second party employer shall not
be considered compensation for pension calculation purposes2.
Each officer working an off-duty detail is deemed to be an independent contractor of the second
party employer. However, police officers on off-duty details shall be permitted to utilize a City
police uniform, radio and vehicle. For such usage, the City shall receive seven dollars ($7.00) per
hour for every detail worked to offset equipment costs.
Details shall be assigned only to those officers who are off duty and no officer shall accept any
off-duty detail when it interferes with his/her normal working hours. No swap of time is
permitted to accommodate an off-duty detail.
Each officer, while working off-duty details, shall adhere to City conduct standards. Any
misconduct or breach of policies, rules and regulations will be handled through the Department
the same as any on-duty activity.
2(4) "Compensation"or"salary"means,for non-collectively bargained service earned before July 1,2011, or for service earned
under collective bargaining agreements in place before July 1,2011,the total cash remuneration including"overtime"paid by the
primary employer to a police officer for services rendered, but not including any payments for extra duty or special detail work
performed on behalf of a second party employer.§185.02,Fla.Stat.Ann.
BB Pension Code:Compensation or salary. The total cash remuneration including lump sum payments for accumulated sick and
vacation leave and "overtime"paid by the primary employer to a police officer for services rendered, but not including any
payments for extra duty or a special detail work performed on behalf of a second party employer paid directly to the police officer
by the second party employer.
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Any police officer who is on sick leave,workers' compensation, or working light duty will not work
any off-duty detail during that period.
Any police officer on leave due to disciplinary matters shall not work off-duty details during the
period of that suspension or removal from regular active duty.
The Police Chief may suspend an employee's right to work off-duty details as a component of a
disciplinary action or as a component of a Performance Improvement Plan as a result of a conduct
violation committed while on an off-duty detail.
All Bargaining unit members assigned to cover off-duty details may report directly to their
assignment without prior checking in or out at the police station; however, members must advise
a supervisor personally or by radio. Bargaining unit members assigned to an off-duty detail shall
comply with all current City and Department policies and procedures in effect.
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ARTICLE 35
PENSION
Section 1. Recent Historical Changes During Bargaining
• Bargaining Unit Members hired on or after October 1, 2015 will have a pension multiplier
of three percent (3%).
• The vesting period for Police Officers and Detectives hired on or after October 1, 2016 is
ten (10) years.
• Upon ratification of the Agreement ending September 30, 2019, 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 provided
that the Union to pay the City a total of$60,000 in $30,000 increments in November 2017
and November 2018.
• Mutual Consent Agreement, which provides that the City will receive a total of $90,000
in $30,000 increments in November 2019, November 2020, and November 2021.
• Employees hired on or after October 1, 2019: Normal retirement— the earlier of age
55 and 10 years of credited service, or completion of 25 years of credited service
regardless of age— Eliminating the 50 years of age with 15 years of credited service.
• Employees hired on or after October 1, 2016: Early Retirement/Deferred Vested
Retirement—50 years of age with 10 years of credited service.
• ALL: Maximum Retirement Benefit shall not exceed eighty-five percent (85%)
provided that, in all cases, the benefit is at least 2.75%for each year of service.
• ALL: Member Contributions toward Base Pension Benefit - Additional 0.5% pension
contribution from all employees(excluding DROP participants)each fiscal year of the prior
Agreement— Monies must be utilized for Unfunded Actuarial Accrued Liability (UAAL).
• Year 1—0.5% additional contribution
• Year 2—0.5% additional contribution
• Year 3—0.5% additional contribution
• DROP — Employees hired on or after October 1, 2019 will receive interest at a rate of 0%
- 8% depending on plan performance. These members will be required to remove their
money from the DROP as stipulated in the DROP Ordinance.
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Section 2. Agreed Changes During Bargaining of Current Agreement
• A Mutual Consent Agreement, included as Addendum "B," provides that the City will
receive a total of $150,000 in $50,000 increments in November of each year of this
Agreement (2022, 2023, 2024).
• DROP—Effective October 1, 2022, all active members are eligible to participate in an eight
(8) year DROP with a seven percent (7%) guaranteed interest rate on their full DROP
balances. Members are required to resume contributions at three percent (3%) for years
six (6)through eight (8) of the DROP, if they opt to participate. Active members who have
already entered the DROP are eligible to extend their DROP provided they are not
required to separate from service prior to October 1, 2022.
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ARTICLE 36
RESERVED
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ARTICLE 37
WORKERS' COMPENSATION AND LEAVES OF ABSENCE
Section 1. Workers' Compensation
A. A bargaining unit member covered by Florida Statute, Chapter 440, Workers'
Compensation,and in accordance with provisions set forth hereunder,shall be authorized
to be absent from work due to injury or illness incurred while on duty,and directly related
to work performed, until (s)he reaches maximum medical improvement or two (2) years,
whichever comes first.
B. The City is self-insured for Workers' Compensation. The City's Human Resources and Risk
Management Department coordinates claims management for work-related injuries and
illnesses. For information and policies regarding Workers' Compensation, contact the
Human Resources and Risk Management Department.
C. Members who are unable to work due to a work-related injury or illness, are entitled to
have their workers' compensation payments supplemented for up to ninety (90) days to
ensure they receive one hundred percent (100%) of their normal base pay, unless
otherwise negotiated in a workers' compensation hearing.
D. The City follows the provisions of Florida Statute, Chapter 440, Workers' Compensation.
Bargaining Unit members who require follow up medical treatment are required to attend
appointments while off duty. In the event a Bargaining Unit member needs to attend an
appointment while on duty, due to scheduling conflicts identified by Command Staff, the
member must use his/her available Sick Leave or compensatory time and vacation time if
the member has no available Sick Leave.
E. Reporting Work-Related Injuries/Illnesses:
1. An employee who sustains a work-related injury or illness is required to
immediately notify his/her supervisor and/or the Human Resources and Risk
Management Department. Notification to the Human Resources and Risk
Management Department is made 24/7 by calling: (561) 742-6677 or e-mailing:
risk@bbfl.us. An employee who fails to promptly notify his/her supervisor or the
Human Resources and Risk Management Department is subject to disciplinary
action including termination of employment.
F. FMLA in Conjunction with Workers' Compensation:
1. To the extent permissible by Law,the City designates lost time in conjunction with
a workers' compensation claim as FMLA for members who meet the eligibility
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requirements and who have not yet exhausted their rolling 12-month hours'
entitlement.
Section 2. Modified Work (Light Duty)
A. Modified Work Assignments (Workers' Compensation):
1. An employee who has been released to work with restrictions may be
accommodated with a modified work (light duty) assignment at the discretion of
the Director of Human Resources and Risk Management (or Designee) in
consultation with the Police Chief (or Designee). An employee may choose to
accept or decline the modified work assignment. If an employee declines an offer
of a modified work assignment, the employee will be required to remain at home
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, an employee who declines an offer of a modified work
assignment and who meets the eligibility requirements for leave under FMLA will
have his/her time off automatically designated as FM LA.
(a) For more information regarding modified work as it pertains to Workers'
Compensation, contact the Human Resources and Risk Management
Department.
B. Modified Work Assignments (Other):
1. The City complies with the Americans with Disabilities Act Amendments Act
(ADAAA)to provide reasonable accommodations to employees who request them
and are qualified. An employee may request an accommodation and/or more
information by contacting the Human Resources and Risk Management
Department.
Section 3. Leaves of Absence
A. Family and Medical Leave Act (FMLA):
1. An employee who has worked for the City for at least twelve (12) months and who
has worked at least one thousand two hundred fifty(1,250) hours in the preceding
twelve (12) months is eligible to request job-protected leave under FMLA for
qualified reasons as defined by the law.
2. Requests for leave under FMLA must be submitted in writing on the designated
form to the Human Resources and Risk Management Department. Leaves under
FMLA are approved by the Director of Human Resources and Risk Management
and the City Manager. Human Resources may designate as FMLA an eligible
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employee's qualified leave, including lost time due to a Workers' Compensation
claim.
(a) For more information regarding leave under FMLA, contact the Human
Resources and Risk Management Department.
B. Americans with Disabilities Act Amendments Act (ADAAA):
1. An employee may be entitled to leave as an accommodation for his/her disability
under the ADAAA.
(a) For more information regarding a leave accommodation under ADAAA,
contact the Human Resources and Risk Management Department.
C. Military Leave:
1. The City complies with Military Leave pursuant to the Uniformed Services
Employment and Reemployment Rights Act (USERRA) and Florida Statute 115.07.
2. An employee must immediately notify the Human Resources and Risk
Management Department upon notice of his/her need for Military Leave.
(a) For more information regarding Military Leave, contact the Human
Resources and Risk Management Department.
D. Leave of Absence (Other):
1. An employee who is not eligible for leave under FMLA, ADAAA, or Military Leave
may request a Leave of Absence for up to ninety (90) days.
2. A request for a Leave of Absence must be submitted in writing to the City Manager
via the Director of Human Resources and Risk Management. The City Manager, in
consultation with the Director of Human Resources and Risk Management and the
Police Chief (or Designee), will consider an employee's request for a Leave of
Absence on a case-by-case basis with the operational needs of the City being a
primary factor in whether or not the leave may be granted. An employee who is
on an approved Leave of Absence is subject to being recalled to service upon
notice of the City Manager (or Designee). The City Manager's determination is
final and is not subject to further review, appeal, grievance, or arbitration process.
3. Any approved Leave of Absence will require an employee to utilize his/her paid
leave time in the following order: compensatory time, vacation, and sick. Once
the employee has exhausted all available accrued time, the remainder of the
Leave of Absence will be without pay. An employee will not accrue vacation or
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sick hours while on a Leave of Absence. The employee is responsible for the full
cost of insurance premiums for work weeks in which (s)he is in an unpaid status
for more than twenty-four (24) hours.
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APPENDIX 1 (Referenced in Article 7)
FIELD TRAINING AND POLICE TRAINING OFFICERS
The PTO and FTO programs will work in concert to prepare and evaluate newly hired officers.
1. Field Training Officer (FTO) DEFINED: Any sworn department member assigned to
Uniform Services in Road Patrol capacity working on any Platoon in full uniform and
marked police cruiser subject to the demands of receiving and handling calls for
service from Communications as their daily routine are available to train newly
employed personnel in the field.
2. Police Training Officer (PTO) DEFINED: Any sworn department member assigned to
Uniform Services in Road Patrol capacity working on any Platoon in full uniform and
marked police cruiser subject to the demands of receiving and handling calls for
service from Communications as their daily routine are available to train newly
employed personnel in the field. The member must have completed the requisite
training as defined by the department's Index Code on the PTO program.
a. Officers who are in training will occasionally require training from
members of other specialized units within the department, (e.g. Traffic, K-
9, etc.) The officers from those specialized units who provide this training
will receive seven percent (7%) incentive pay for hours worked in this
training capacity. This training incentive pay will be retroactive to the
hours of their assignment.
3. PTOs and FTOs will be responsible for training all newly assigned probationary
employees.
4. Assignment as a PTO or FTO is not a promotion to any rank.
5. An officer's assignment as a PTO or FTO can be ended or suspended at the discretion
of the Chief of Police.
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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 are 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 PBA collective bargaining unit members at the City of Boynton Beach.
1.3 DEFINITIONS
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
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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 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. "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.
9. "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.
10. "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.
11. "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.
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12. "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.
13. "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 been involved in 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 receives medical
treatment away from the scene of an accident, one or more vehicles
(whether operated by a City employee or not) incurs damage as the result
of the occurrence, or 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. An order to submit to post accident testing can be made by a Police
Sergeant or higher rank. 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 as a quiet observer to the testing procedure and shall not interfere
with the testing procedures or direct questions or comments to the testing
personnel. The unavailability of a Union Representative shall not preclude
the post-accident drug testing from taking place.
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iii. 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.
14. "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.
15. "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.
16. "Stepping Forward" means that an employee comes forward and requests assistance for
substance abuse 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 or sustaining an injury, which requires drug testing.
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 see changes in performance that suggest a potential employee problem. The
supervisor may suggest that the employee voluntarily seek help from the employee
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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
FDLE standards for law enforcement officers 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, Ill, 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 law enforcement officer 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 11, 111, 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.
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A. Conditions of Pre-Employment
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
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performance problems.
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, at least quarterly, and 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
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reasonable suspicion drug test is attached.
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:
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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.
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 consistent with Section 1.3,
13.e.i. and whenever there is discernible property damage unrelated to a motor
vehicle accident.
4. Random Testing: Employees are subject to random drug testing. On a monthly
basis, a designated Police Officer uses www.random.org to generate a list of three
(3) PBA members who will be randomly tested for that month. A Union
Representative signs off on this list. In addition, members assigned to Vice are
tested once every six (6) months.
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.
A. 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, #9, who refuses to submit to a drug
and alcohol test will not be hired.
B. 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.
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C. Confidentiality
Confidentiality of records concerning drug and alcohol testing will be maintained to the
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.
D. 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.
E. 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 H. Employees
and job applicants should review this list prior to submitting to a drug test.
F. Medication Information
An employee or job applicant may consult with the testing laboratory for technical information
regarding prescription and non-prescription information.
G. 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.
H. Drugs to be Tested
In accordance with F.S. 893.03 as amended from time to time, the following is an illustrative and
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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 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.
I. Challenge of Test Results
1. An employee or a job applicant who receives a positive confirmed test result
may, within five (5) working days, submit information to the Director of
Human Resources & Risk Management explaining or contesting the test result
and explaining why the test result does not constitute a violation of the City's
policy.
2. If the explanation or challenge of the employee or job applicant is
unsatisfactory to the City,the City will provide a written explanation as to why
the employee or job applicant's explanation is unsatisfactory, and a copy of
the report of positive confirmed test results will be provided to the employee
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or job applicant.
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 or job applicant contests the drug test results he/she must
promptly notify the Medical Review Officer (MRO).
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ADDENDUM "B"
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 mailing address is P.O. Box 310, Boynton Beach, FL 33425
(the "City") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") POLICE
OFFICERS AND DETECTIVES AND POLICE SERGEANTS.
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 police officers known as the
Boynton Beach Police Officers' Pension Fund ("Fund") that exceeds the minimum benefits and
minimum standards established by the State of Florida for public employee police pension plans
as set forth in chapter 185, Florida Statutes; and
WHEREAS, the Legislation provides that use of IPTR, including any accumulations of additional
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 (PBA).
NOW THEREFORE, the City and PBA Unions agree as follows:
1. The foregoing Whereas clauses are correct.
2. The total of ninety thousand dollars ($150,000) 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 Police Officers' Pension Fund. These
funds will be provided to the City in increments of thirty thousand dollars ($50,000) in
November 2022, November 2023, and November 2024.
3. This Consent Agreement takes effect when signed by PBA and City.
Signature Page Follows
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ADDENDUM "C"
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 (Modified for PBA Officers and Detectives)
Employees who are eligible to participate in this program are full time, non-probationary,
employees covered under a PBA Collective Bargaining Agreement. 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
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PBA Officers and Detectives:10/01/2022—09/30/2025
SIGNATURE PAGE
for
MUTUAL CONSENT AGREEMENT
(Use of Insurance Premium Tax Revenue)
CITY OF BOYNTON BEACH
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BOYNTON BEACH POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS
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Palm Beac Co n y Apresentative
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City Attorney
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PBA Officers and Detectives:10/01/2022—09/30/2025
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
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;
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PBA Officers and Detectives:10/01/2022—09/30/2025
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 grades an employee earns upon completion of an approved course determines
the percentage of reimbursement that will be applied to eligible expenses.
• A = 100%
• 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
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PBA Officers and Detectives:10/01/2022—09/30/2025
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.
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.
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PBA Officers and Detectives:10/01/2022-09/30/2025
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.
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
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PBA Officers and Detectives:10/01/2022—09/30/2025
balance to the beginning Program Budget Balance for Period Two
Reimbursements.
f. Reimbursement Processing will begin for the Reimbursement Period Two following the
August 31' 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.
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PBA Officers and Detectives:10/01/2022—09/30/2025
FOR FISCAL YEAR REIMBURSMENT:
October 1, 2022—September 30, 2025
Applications will be considered on a rolling basis for enrollment in courses in which classes began
on or after August 1st of each year.
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.
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PBA Officers and Detectives:10/01/2022—09/30/2025
SIGNATURE PAGE
Agreed to this n` day 4 '-ri k r 2022, by respective
�a of � and between the res ective
Parties through the authorized representatives of the PBA and the City.
PALM BEACH COUNTY
POLICE BE VOLENT ASSOCIATION
dir. te in)
ivirMI B : I�id �.
litilil y John Ka�:nji.n, •��t•1�
fitness Katie Mendoza, Legal Counse
CITY OF BOYNTON BEACH
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Maylee De -.us, City Cle •
APPROVED AS TO FORM F g0YNTp�‘tt,
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AND CORRECTNESS: ;• �.•0 °RtF•�' 'Ivy
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% .-5:. SEA . :rA Stables, Interim City Manager
. INCORPORATED:* i
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S•i , 1920 s
City Attorney / 'i� •.•.....•••'•:
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Ratified by City Commission Ratified by Union
Oeff-\\ or dO4a, Sett-t0A l tA jG, 10 ZZ
Date Date
84