75-HHHR ,SOLUTION No. 75-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING UNION
AGREEMENT WITH THE PALMBEACH COUNTY POLICE
BENEVOLENT ASSOCIATION.
ATTEST:
City Clerk
WHEREAS, the City Council of the City of Boynton Beach,
Florida, has heretofore recognized the Palm Beach County Police
Benevolent Association as the bargaining agent for the police
officers of said City; and
WHEREAS, the City Council of said City is willing to
enter into a union agreement with the said Palm Beach County
Police Benevolent Association upon the terms and conditions
as set forth in the proposed union agreement, copy of which is
attached hereto and made a part hereof.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1: That the said proposed union agreemen~ between
the City of Boynton Beach, Florida, and the Palm Beach County
Police Benevolent Association, a copy of which is attached here-
to and made a part hereof, is hereby approved, and that the Mayor,
or in the absence of the Mayor; the Vice Mayor, and the City
Clerk are authorized to act for the City of Boynton Beach in
entering into and executing the said union agreement.
PASSED AND ADOPTED this ~'~ day of September, A.D., 1975.
CITY OF BOYNTON BEACH, FLORIDA
Counc i%~ber
Council Member
ARTICLE
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3
4
5
6
7
8
9
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!1
12
14
15
16
17
!8
19
2O
21
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INDEX
DESCRIPTION
PRF_J'~'~BLE
REC0(~NITI(i~
NCN-DISCRIM INATION
STRIKES ~{D L~TS
DU~ DEDU~I~
REPRESenTATIVE DUTIES
B~LET~ BO~D
B~L OF RIGHTS
PERS ~NNEL RECORDS
~ViSORY
S~iORITY
T~T~G
WOP~ WE~ ~[D OVERTI~ COi~ENSATI~
ACT~G ~PERVISOR
C~GE OF STATUS
TP~INING
LEaL ACTION
F~ER~ E~SES
~IFO~S ~D EQUI~4~T
M~I~L BENEFITS
AWARDS
SEVERP~ILITY
MAINTE~[~XCE OF C~DITi~IS
GR iEV~NCE PR~EDD~E
TERMS OF AGRE~4ENT ~ID RE-OP~ING
PAGE
1
1
2
2
2
$
5
6
?
?
8
8
9
9
9
i0
10
10
!1
ARTICLg io PREAi¥tBLB
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, hereinafter referred to as the "P~A", for the
purpose of promoting harmonious relations between the City and the PBA,
Go establish an orderly and peaceful procedure, to settle differences
whi~ might arise and to set forth the basic, complete and full agreement
between the parties concerning salaries and all other conditions of em-
ployment.
ARTICLE 2. RECOG~ iTI C~t
The City hereby recognizes the PBA as exclusive bargaining agent
for the purpose of presenting proposals relative to salaries and other
conditions of employment for the bargaining unit consisting of all full
.time sv¢orn police officers within the following job classification:
Patrolman~ Police Corporal, Police Sergeant, Police Detective and Police
Lieutenant. The term member will mean any me~ber of the bargaining unit.
ARTICLE 3. NO~-DiSCRIMINATION
The City will not interfere with the rights of officers to become
members of the PBA~ ~nd there shall be no discrimination, interference
restraint or coercion by the City, or any City representative, against
any officer because of PBA membership or because of any activity in any
official capacity on behalf of the PBA.
ARTICLE 4%. STRIKES D~ND LOCi(OUTS
Ao There will be no strikes, work stoppages, slo%v-do%~s, boycotts
or concerted failure or refusal to perform assigned work by the bargaining
unit employees of the PBA and there will be no lockouts by the City for
the duration of the Agreement. The PBA supports the City fully in main-
taining normal operations.
Bo Any member who participates in or promotes a strike, work stoppage
picket line, slow-dotvn, boycott or concerted failure or refuses to perform
assigned work may be disciplined or discharged by the City and only ~he
question of whether he did, in fact, participate in or perform such action
shall be subject to the grievance procedure.
C. It is recognized by the parties that the City is responsible
for and engaged in activities which are the basis of the safety and welfare
of the citizens and that any violation of A~ticle 4 could give rise to
irreparable damage to the City and to the public at large. Accordingly~
it is understood and agreed that, in the event of any violation of Article 4,
the City and/or the PEA shall be entitled to seek and obtain i~muediate
injunctive relief. Provided, however, it is agreed that the PBA shall not
be responsible for any act alleged to constitute a breach of Article 4 if
it can demonstrate neither the PBA nor any of it's officers, representatives
or agents took part in any such violation~ and further, that the PEA and
it's officers have used every reasonable means to prevent or terminate such
action.
;~RTICLE 5. DUES DEDUCTION
Upon receipt of a voluntary written individual notice from any of
it's employees on a fo~u provided by the Association, the City will deduct
from the pay due such employees, those dues and assessments required to
retain PBA membership at no cost to the employees.
ARTICLE 6. REPRESENTATIVE DUTIES
A. The local representative will be granted five (5) days total
per year to attend functions of the PBA and shall be provided such leave
with pay, without having such leave charged against their no~nal leave.
Bo The City will permit accredited representatives of the PEA,
whether local or State~ to have reasonable access to the premises of
the City at any time during normal working hours to conduct Association
business. Ail normal fees will be paid by the PBA.
C. The City will provide the PBA, on a semi-annual basis, a complete
roster of the bargaining unit including name, ranks date of births address
telephone nur~ber, Social Security number, present assignment and current
pay scale, with individual authorization from the member.
ARTICLE 7. BULLET~ BOARD
A. The City will provide one (1) bulletin board for the exclusive
use of the PEA, for posting bulletins, notices and other Association
material.
Bo The bulletin board will be prominently displayed in the Police
Department. (West wall of the Squad Room.)
ARTICLE 8~ BILL ~v RIGHTS
A° Wl~enever a member is under investigation and is subject to inter-
rogation by members of his a~ency for any reason which could lead to
disciplinary action, demotion or dismissal, such interrogation shall be
conducted under the follov~ing conditions:
1. The interrouation shall be conducted at a reasonable hour,
preferably at a time v~hen the member is on duty, unless the seriousness
of the investigation is of such a degree that i~ediate action is required.
2° The interrogation shall take place a~ the Boynton Beach
Police Department.
~o The member under investigation shall be informed of the
rank~ name and command of the officer in charge of the investigations the
interrogating officer, and all persons present during the interrogation.
Ail questions directed to the officer shall be asked by and through one
(1) interrogator at any one (1) time.
2
~_o The member under investigation shall be informed of the
nature of the investigation prior to any interrogation, and shall be
info.zmed of t~e names of all complainants°
5. Interrogation sessions shall be for reasonable periods
and shall be timed to allow for auch personal necessities and rest periods
as are reasonably necessary.
6. The member under interrogation shall not be sub3ected to
offensive!anguage nor threatened with transfer, dismissal or disciplinary
action. No promise or reward shall be made as an inducement to answering
any questions.
7. The formal interrogation of a member, including all recess
periods~ shall be recorded, and there shall be no unrecorded questions
or statements.
8. If the member under interrogation is under arrest or is
likely to be placed under arrest, he shall be completely informed of all
his rights under the Miranda Decision, prior to the commencement of the
interrogation.
9. At the request of any member under investigation, he shall
have the right to be represented by counsel or any other representative
of his choice who shall be present at all times during such interrogation.
Bo Every member shall have the right to bring civil suit against
any person: group of persons or any organization or corporation or the
heads of such organizations or corporations for damages, either pecuniary
or othe~'~ise~ suffered during the performance of the member's official
duties or for abridgement of the me~Der's civil rights arising out of
the member's performance of official duties.
C. No demotion, transfer, reassignment or other personnel action
which might otherwise be considered punitive measure~ shall be taken
against any member unless such member is notified of the action and the
reason or reasons, therefore~ prior to the effective date of such action.
D. In cases where the City chooses to relieve an employee member
from duty pending and investigation or other administrative determination,
the following conditions will prevail:
1. The mem'oer will remain on full salary and allowances and
shall not lose any benefits during this period of time.
2. Should disciplinary action result from the investigation,
that period of time in which the member was relieved from du~y will be
included in the disciplinary action. In ~he event that an employee has
been paid, the employee's accumulated leave shall be charged as a set-off~
E. No member shall be required, forced or coerced into taking any
type of polygraph examination, breathalyzer test, or any other truth test.
Any member will be dismissed only for just cause.
Go No member shall be discharged, disciplined, demoted, denied
promotion, transferred or reassigned or otherwise be discriminated against
in regard to his/her employment, or be threatened with any such treatment
by reason of his exercise of the rights granted by this article.
ARTICLE 9. PERSC~rNEL RECORDS
A. Ail personnel records will be kept confidential and never be
released to any person, except authorized City officials or in response
to a subpoena from a court of competent jurisdiction. (An exception
will be by written authorization by the member.)
B. The City agrees that upon request, a member shall have the right
to inspect his/her o~ personnel record, wherever kept. The member shall
have the right to make duplicate copies of his record for his use, at his
expense. No record(s) shall be hidden from a member's inspection, and
members will have the right to allow anyone of his/her choosing to inspect
his/her personnel records, with written authorization.
C. The City agrees that a member shall have the right to include
in his personnel record, a written refutation (including signed witness
statements) of any material he considers to be detrimental. Ail such
insertions will remain a permanent part of the member's official personnel
record.
;~RTiCLE !0. ADVISORY C(~4ITTEE
A. By mutual agreement betv;een the City and the PBA, there is hereby
established a joint advisory committee~ which shall consist of two (2)
members who shall be designated in writing by the PBA and t-¢~o (2) members
designated by the Chief of Police and one (1) member mutually agreed
upon by both units. The PBA membership shall consist of persons from
within the position classification covered by this Agreement, and members
designated by the Chief of Police shall consist of persons within ~he
Department, but outside the bargaining unit.
B. This advisory committee may meet on a monthly basis, by mutual
consent, and meetings may be held during worlcing hours if so approved by
the Chief of Police.
C. The purpose of these meetings will be to discuss problems and
objectives of mu%uat concern but in no way shall involve grievances or
matters ~hich have been the subject of collective ~argaining between the
parties.
D. An agenda, listing items for discussion will be lo,yarded by
the party requesting such meeting to the other party no later than seven
(?) days prior to the request for such a meeting.
ARTICLE ll. SFi~IORITY
A. The City agrees that seniority shall consist of continuous ac-
cumulated paid 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, vacation, military leave or
any other authorized leave of absence.
B. No bargaining unit member shall be promoted while on a leave of
absence.
C. The City agrees that seniority shall govern the following matters:
1. Vacations for each calendar year shall be dra%~n by employees
on the basis of seniority and rank, with three (3) weeks advance notice
to the Chief of Police.
2. In the event of a vacancy on a shift, whenever feasible,
senior qualified officers will have preference.
3. in the event of a vacancy in any division or unit (not
promotional vacancy) seniority will be considered, with qualifications.
4. Lay offs will follow the procedure in the Civil Service
Rules and Regulations, Rule twelve (12) Section two (2).
D. All authorized overtime for a police officer shall be given on
the basis of seniority when same does not interfere with duty operationso
Exception shall be for emergency situations as declared by the Chief of
Police or his desi~ated representative, or assignments where special
units shall be used° Special units will be Detectives, Burglary Unit,
Breathalyzer Operators, Divers, SoW.A.T., Traffic or standby.
ARTICLE 12. TEST]2{G
A. The City will announce promotional examinations at least thirty
(BO) days in advance~ according to Rule eight (8) Section eight (8) of the
Civil Service Rules of the City of Boynton Beach, Florida.
B. The City will list the areas which the examination will cover.
The sources from which the examination are dra%~ will be posted and the
City will make all such reference material available to eligible members.
Co The City will take all steps to assure that hiring and promotional
examinations follow all rules and regulations according to Rule eight (8)
Section one (l) through Section nine (9) of the Civil Service Rules of
the City of Boynton Beach, Florida.
D. Veterans shall have preference as provided in Rule seven
Section nine (9) A and B.
ARTICLE
WORK WEEK AND OVERTIME COMPENSATif~
A. It is hereby agreed that no employee shall be required to remain
on duty for more or less than five (5) eight (8) hour shifts in any
calendar week unless extra hours of duty are deemed necessary by the
Chief of Police or his designated representative in which case compen-
Sation shall be at the rate of one and one-half (1.5) times his regular
hourly salary. Overtime will be computed on total hours worked. Any
time worked over forty (40) hours a week will be compensated at time and
one-half (!.5) his regular hourly rate.
1. Any member who is assigned away from his normal place of
duty by orders of the Chief of Police or his designated representative,
shall be considered as physically present for pay purposes.
B. Overtime pay, when so granted, will normally be contained in
the member's next regular pay check following the time worked.
C. The City will establish the hours of work best suited to meet
the needs of the Department to provide superior service to the con. unity,
but agrees that work schedules will not be changed or altered intentionally
to avoid the pa~ent of overtime.
D. An officer will be given adequate advance notice of any change
in his regular hours of work, except when an emergency exists. Notice
given less than forty-eight (48) hours before he/she is to begin work
under a changed schedule, entitles the officer to receive compensation
at the rate of one and one-half (!.5) times his regular salary for the
first day of his tour of duty.
E. W~en an employee is required to attend Municipal or State court
not on his/her regular assigned shift, the City will compensate the em-
ployee for a minimum of two (2) hours pay at the established rate of
one and one-half (1.$) times his normal hourly rate.
F. The City agrees that employees will be compensated for off-duty
training at the rate of time and one-half (!.5) his normal hourly rate
when such training may be required by the Chief of Police,
G. The City agrees tha~ any member required to be out of Palm Beach
County to attend court or for any other reason as a result of his duties
as a police officer, will be paid his regular rate of pay for each day
or partial day required for said purposes.
H. The City recognizes that unusual circumstances may require that
a member find it necessary to request a change of his scheduled shift.
Without obligating the City to pay overtime, a member may %york for or
change shifts with another member performing similar duties. At least
two, (2) days notice will be required, and no reasonable requests will be
denied°
I. Any member ~,~ho has physically left the area of the station and
is called back to the station as required by the Chief of Police or his
designated representative, shall be compensated for a minimum of two (2)
hours pay at one and one-half (1.5) times his normal rate of pay.
ARTICLE l~. ACTING SUPERVISOR
A. ~enever an en~loyee is required to serve as an acting super-
visor for a minimum of one (1)eight ($) hour shift, he/she shall be
compensated for each shift worked in That capacity athis normal race
of pay plus five per cent (5~) of his normal rate of pay.
B, Ail acting assignments shall be offered on the basis of seniority,
with qua!ifica%ions.
ARTICLE 15o CH~]GE OF STATUS
F~nployees will be notified at least Two {2) weeks in advance of
Transger or reassignment, if same does no% interfere with operations of
the DeparTment.
;~TICLE !6. TRAINING
Ao The City v~ll provide all books~ tuition fees and expenses for all
approved courses as outlined by the Police STandards Council.
Bo The City ~ill guarantee that each member on the Department will
receive at least Twenty (20) hours of in-service uramnmn~ yearly in courses
approved by the Chief of Police. This training must be conducted by
qualified instructors.
C. Officers promoted To The new highest rank ~il! receive appro-
priate ~raining from qualified instructors during the probationary period.
The training must be for at least twenty (20) hours of courses as approved
by the Chief of Police°
D. The City recognizes the fact that a police officer may be re-
quired to use his/her weapon during the course of his job, therefore:
1,. The City will require that. each officer practice at The
Police Pistol Range under qualified instructors a minimum of one (1)
hour per month°
2~ The City will require that each officer will qualify at %he
Pistol Range once every three (3) months under qualified instructors and
the score that the officer makes shall be entered into his personnel file.
B. Each officer who qualifies with his weapon shall receive
The appropriate medal for The score with ~hich he/she qualified.
4o The City will provide all ammunition during firearms training.
ARTiCLE 17. LEGFJ~ ACTI~
A. 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 authority and within the course of his
employment°
B. The City will indemnify all members against judgements for com-
pensatory damages entered against them as a result of their actions to
the extent that the City is found derivatively liable for such actions.
C. The City will file all appropriate counterclaims.
ARTICLE 18. FUNERAL EXF~NSES
A. The City will defray all funeral expenses and burial expenses
of employees killed in the line of duty up to $2000.00.
B. Ail employees shall, on a form to be supplied by the Chief of
Folice or his authorized representative, designate by name and address,
the individual to whom such funds are to be paid.
ARTICLE 19. UNIFORMS AND EQUI~IENT
A~ The City shall furnish uniforms to all members who are required
to wear such uniforms in the performance of their duties as is now pro-
vided by the City.
B. Any uniform or related equipment, initially supplied by the City,
which is damaged or destroyed while an officer is acting in the performance
of his official duties, shall be replaced by the City at no cost to the
officer.
C. At the start of each shift~ the Shift Commander ~!1 inspect
each p~lice vehicle before it goes on the street. Each vehicle will be
inspected for items listed that may be construed as safety hazards if not
in proper working order. If the Shift Commander finds any fault in the
vehicle, it will be deadlined immediately. The vehicle will not be returned
to duty until it is in proper working order.
D. Items listed shall be considered as necessary equipment and must
be in proper working order:
Rotating emergency lights
Siren
Loudspeaker
Two-way mobile radio
Front mounted locl~ng rack with shotgun and shells
Prisoner cage
First Aid Kit (Red Cross Approved)
Fire extinguisher
Flares
Tires ~'~th proper amount of tread
Braces
Muffler
Air conditioner
Traffic baton
Power steering
Transmission
Horn
windshield wipers
8
E. For the safety and welfare of police officers, the City will
provide portable radio communications.
Ail marked police vehicles will be replaced every fiscal year.
ARTICLE 20. MEDICAL BENEFITS
A. Members will receive and will be obliged to take an annual elec-
trocardiogram and physical examination performed by an agency agreed upon
by the City and the PBA. Scheduling will be at the discretion of the
Department~ and the results will become part of the employee's permanent
record. The City will undertake the cost of both examinations, and any
other examinations deemed necessary by the doctor.
B. The City will recognize that policemen stuffer from a high rate
of heart disease~ hs~ertension and ulcers as a result of their duties.
Therefore, if an employee is hired free from these ailments and at some
subsequent time becomes affected, they will be considered job-connected
injuries. The City will automatically and without contest recognize it's
liability unless the City can make a positive shorting that the above
diseases and ailments are not in the instant case job-connected, subject
to Workmen's Compensation Carrier. Members will be covered by this section
(B) only after having a physical examination which sho~,~s them to be free
of ~hese ailments described herein.
C. The City will agree that in the evenZ of an on-the-job injury
to a member, such member shall be carried at full pay on the rolls of
· he Police Department and will not be charged against any existing type
leave time. Such payment will continue until the member is declared
able to work or becomes eligible for Social Security benefits
D. An officer who has accumulated sick leave, shall at the time of
his/her retirement or termination: be paid an amoun~ equal to fifty per
cent (50~) of his accumulated time. The amount shall be calculated on
the basis of the employee's p~y rate at ~he time of his retirement or
termination.
ARTICLE 21. AWARDS ;~D CC~ENDATIONS
The City will provide a formal system of awards for various degrees
of service--from saving lives to awards for courtesy. These awards will
be in the form of medals, campaign ribbons, letters of com~mendation or
cash
ARTICLE 22. PAY PL~
A. The City of Boynton Beach agrees to give members of the bargaininD
unit a pay raise consistent with the cost of living.
B. There will be no system of merit increase in pay during the
· erm of this article.
9
ARTICLE 2B. SEVERABILITY
If any provisions of this Agreement are 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. Upon any judicial determination,
the City and the PBA will, within thirty (30) days, agree upon a substitute
for that provision.
ARTICLE 24. MAINTENANCE OF CONDITIONS
All matters pertaining to terms of employment and working conditions
and benefits guaranteed by law, and written or oral policy to employees
within the bargaining unit, shall apply to the extent that they are not
in conflict with the provisions of this Agreement.
ARTICLE 25° GRIEVANCE PROCEDURE
In a mutual effort to provide harmonious relations between the parties
to this Agreement, it is agreed to and understood by both parties that
there shall be a procedure in this Department for the resolution of grievances
or misunderstandings between the parties arising from the application
or interpretation of this Agreement as follov.~s:
Step 1. The aggrieved employee with or without the PBA representative
may discuss the grievance or dispute with the i~m~ediate supervisor ~ithin
five (5) working days of the occurrence or knowledge of the matter giving
rise to the grievance. The immediate supervisor shall attempt to adjust
the matter and respond to the parties presenting the grievance within
three (B) %vorking days.
Step 2. If the grievance has not been satisfactorily resolved in
Step 1, the PBA representative and the aggrieved employee may appeal the
grievance to the Head of the Division concerned within five (5) working
days after the immediate supervisor's response is due. The Head of the
Division shall respond, in writing, within five (5) working days to the
Association.
Step ~. If the g~ievance has not been satisfactorily resolved in
Step 2, hereof, the PBA representative may present a written appeal to
the Chief of Police within seven (?) working days after the Division
Head's response is due. The Chief of Police shall respond within seven
(?) workin~ days, in writing, to the Association.
Step 4. If the grievance has not been satisfactorily resolved in
Step 3, the PBA representative may present a written appeal to the City
Manager, or his authorized representative, within seven (7) working days
after the Chief's response is due. The City Manager shall respond, in
wri~ing~ within ten (10).%~orking days to the Association.
Step 5. If the decision of the City Manager or his authorized
representative has not satisfactorily resolved the grievance, the PBA
may request arbitration, in writing, to the Office of the City Manager
no later than fifteen (!S) working days after the rendering of the decision
by the City Manager. Upon mutual agreement, the parties may designate
a tri-part panel to conduct arbitration; one (1) member to be selected
by the City, one (1) member by the PBA and a neutral arbitrator to be
selected by both parties who shall conduct the arbitration proceedings
in accordance with the rules established by the American Arbitration
Association. At the arbitration hearing, the aggrieved employee may be
accompanied by an AssociaTion representative and such additional repre-
sentatives as shall be approved by the parties.
Tile arbitrators shall have access to all %~ritten documents and
statements pertaining to the grievance. The arbitrators shall render
their decision no later than thirty (BO) days after the conclusion of
the final hearing~ Copies of the findings of the arbitrators, made in
accordance with the jurisdictional authority under this Agreement, shall
be furnished to both parties and shall be binding on both parties.
Powers of the Arbitrators: The arbitrators' decision shall be in
writing and shall set forth the arbitrators' conclusions on issues sub-
mittedo The arbitrators shall limit their decisions to the application
and interpretation of the provisions of this Agreement, ~vhich shall not
be as to direCtly or indirectly cause modifications, amendments, additions
or subtractions of 'this Agreement. The cost for the services and expenses
of the arbitration panel shall be equally shared by both parties to this
Agreement.
ARTICLE 26. TERMS OF AGREE~[ENT A~D RE-OPENING
A. This Agreement shall be effective October 1, 1975, subject to
ratification by the PBA and approval of as well as appropriation of
necessary funds by the City Council of Boynton Beach, Florida, and shall
continue to September BO, 1976.
B. Either party may require by written notice to the other between
February 1, 1976, and no later than February 15, 1976, discussions con-
cerning modifications, amendments and renewals of this Agreement to be
effective October 1, 1976. If neither shall submit such written notice
during the indicated period, this Agreement shall be automatically renewed
for the period of October 1, 1976, through September 30, 1977.