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R99-109 RESOLUTION R99-,/¢? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE CONTRACT BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE POLICE BENEVOLENT ASSOCIATION FOR THE PERIOD OF OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 2001, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Police Benevolent Association Union have successfully concluded negotiations for a three (3) year contract; and WHEREAS, the Contract Bargaining Agreement was ratified by the Bargaining Unit of the Union; and WHEREAS, the City Commission of the City of Boynton Beach deems it [o be in the best interests of the residents and citizens of the City to ratify the Contract Bargaining Agreement and execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Contract Bargaining Agreement between the City of Boynton Beach and Police Benevolent Association Union for the period commencing October 1, 1998 through September 30, 2001, and authorizing and directing the Mayor and City Clerk to execute the Contract Bargaining Agreement, a copy of said agreement being attached hereto as Exhibit "A,'. Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ?~' day of August, 1999. ATTEST: Vi~e Mayor Mayor Pro Tem. Commis/~ner ~ Com~nissioner ' - 1998/2001 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION s/ 2/99 CITY UNION 1 TABLE OF CONTENTS ARTICLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Preamble Recogniti~ ........... ~'~ .... i .... ~ ........ ~ ...... i ....... Non-Discrimination ........................................ 5 Dues Deduction ............................................ 6 Union Business ............................................ 7 Bulletin Board ............................................ 8 Testing ................................................... 9 Vacancies ................................................. 10 Management Rights ......................................... 11 Advisory Committee ........................................ 13 Hours of Work ............................................. 14 Wages ......................................... Seniority ................................................. 17 Work Week/Overtime Compensation/Call Back ................. 20 Uniforms ............................. 24 Medical Expenses]] -3 3-3] ]].] .... ]]~-.]...]]]..] ~.] 26 Group Insuranc~ .. - .......... 27 Leave~ ......... ~ii~. i~ili~'~ii.'.'.~ .... ~.'. ~ Holidayff ................................................. 32 Funeral Expenses ......................................... 34 Equipment Maintenance & Safety ....................... .... 35 Training ................................................. 36 Career Path Program ...................................... 38 Personnel Records ........................................ 40 Legal Action ............................................. 41 Awards and Commendations ................................. 42 Grievance Procedure ...................................... 46 Rights of Law Enforcement Officers Under Investigation... 48 Discipline and Discharge ................................. 49 Past Practices ........................................... 50 Personal Vehicles ........................................ 51 Department Policies, Rules & Regulations ................. 52 Maternity Leave .......................................... 53 Complete Agreement & Waiver Clause ....................... 54 Severability ............................................. 55 Duratio~ ................................................ 56 Signature Page 8/12/99 CITY~ UNION~ ARTICLE i PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and Palm Beach County Police Benevolent Association, located in West Palm Beach, Florida, hereinafter refereed to as the "Union", for the purpose of setting forth the parties Agreements regarding rights, wages, benefits, and conditions of employ~nent. 8/12/99 CITY UNION3~ ARTICLE 2 RECOGNITION The City hereby recognizes the Union as exclusive bargaining agent for the purpose of presenting proposals relative to salaries and other conditions of employmenu for the bargaining unit consisting of all full time sworn police officers within the following job classification: Police Officer and Police Detective. The term ~ member" or ~ employee" will mean any member in the bargaining unit. 8/12/99 ARTICLE 3 NON-DISCRIMINATION The City will not interfere with the rights of officers to become members of the Union, 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 Union. The Union shall not discriminate against any bargaining unit member who fails to join the Union. The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the Union agree that bargaining unit members 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 unwelcomed, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age, or marital status. 8/12/99 CITY~ UNION~ ARTICLE 4 DUES DEDUCTION Upon receipt of a form provided by the Union and approved by the City which has been voluntarily executed by a City employee who is a member of the bargaining unit, the City will deduct from the pay due the employee, those dues and uniform assessments required to 'retain Union membership as certified by the Union. The total amount of deductions shall be remitted each month by the City to the Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreemen5 or for thirty (30) days after notification of the revocation of the authorization to deduct by the employee. 8/12/99 CITY ARTICLE 5 UNION BUSINESS Section 1. Union representatives will be granted up to fifteen (15) days (120 hours) total per year, or equivalent hours, to engage in representation activities on behalf of the Union or any member as follows: A. Engagmng zn collective representatives of the CITY· bargaining with the B. Processing of grievances. C. Accompany a fellow employee when: 1. The employee is required to appear at a hearing related to a grievance. The employee is presenting or responding to a grievance. The employee is subject to interrogation mn conjunction with an internal affairs investigation. The employee is attending a pre-determination hearing. The CITY may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or capricious, nor shall it allow the CITY to proceed in a manner which deprives the employee of his or her right of representation. A UNION representative shall be permitted leave to attend functions of the Union, provided that such leave shall be at no cost to the CITY and representatives shall use accrued vacation leave. Section 2. No employee shall engage in Union business while on duty except as referenced in Section 1. 8/12/99 CITY~ UNION%-~ ARTICLE 6 BULLETIN BOARD The City will provide bulletin board space; one zn the Line Up Room and one in the Detective Division for the exclusive use of the Union, for posting bulletins, notices and other union material. A notice or item placed on the bulletin board shall bear, on its face, the legible designation of the person responsible for placing of this notice or item on the bulletin board. 8/12/99 ARTICLE 7 TESTING Section 1. Procedures for promotion are as follows: Ail bargaining unit members who have served for three years as a sworn law enforcement officer in the City of Boynton Beach may qualify for testing for promotion to the position of Sergeant. Promotional testing criteria shall be established by the Police Chief with the assistance of the Human Resource Department. Following testing and scoring, an eligibility list shall be posted. Officers passed over for promotion through the use of the ~ Rule of 5" will be given a written explanation at the officer's requesu as to why they were passed over. Said explanation shall not be grievable unless the reason is arbitrary and capricious. 8/12/99 CIT ARTICLE 8 VACANCIES Vacancies in budgeted promotional positions shall be offered within thirty (30) days of the establishment of the appropriate eligibility list. 8/12/99 CITY ARTICLE 9 MANAGEMEI~T RIGHTS Section -. The Union recognizes uhat uhe City has the exclusive rlgh5 no manage and direcn the Police Department. Specifically, bum non by way of limitation, the City remains the exclusive right to: ~o establish procedures to hire, promote, and lay off employees. B. Discharge and suspend employees for cause. ?ransfer employees from one location to another, one shift to another, or one starting time to another. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Asszgn and reassign employees. schedule and change the work to be performed by employees. Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific prov!slons of ~his Agreement. Introduce new servmces, procedures, materials, facilities and equipment. To require employees to submit to physical, medical, and psychological testing to determine fitness for duty. No bargaining unit member shall be ordered to submit to physical, medical or psychological testing to determine fitness for duty without such testing being approved by the Police Chief and the City Manager. Determine and change the equipment and materials provided 5o or not provided to employees. CITY ~;~Z~ UNIO~ Ko Add to or change the qualifications necessary for any job classification. Lo Create, alter or disband any Departmental unit or transfer members based upon uhe needs of the deparumenu as deuermined by the Chief. The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. The City supports random drug testing for all bargaining unit members. The City reserves to itself the power to order employees to submit to reasonable suspicion or random drug testing, subject uo compliance with the testing/sample handling procedures as s~u forth in Florida Statute and the Florida Adminisurative Code, as referenced in the City's Drug Free Workplace Policy. The City agrees uo use Staue certified laboratories for all drug testing. 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 shall remain with the City. ~i~ In the event of any change over which the City may have an obligation uo bargain concerning an impact of the change, the change may be implemented prior to resolution of the ~mpact bargaining. CITY~ ARTICLE 10 ADVISORY COMMITTEE Se2nzon 1. By muuual agreement between the City and uhe Union, they may establish a joinu commlu~ee. The Union membership shall conslsn of persons from within the poslElon classificauion covered by mhis Agreement, and members designated by the Chief of Police shall consist of persons within the Department, but outside the bargaining unit. Section 2. This commitmee may mee~ as needed by mutual consenm, and mee5lngs may be held between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday or at another mutually agreeable time. If a meemzng is held during working hours of an employee partlclpanu, said parnlczpant may be excused without loss of pay for that purpose. Attendance for a meeuzng outside of regular working hours shall not be deemed as ulme worked and parnicipants will not receive additional pay or leave benefits. Section 3. Attendance by other than members of the Union and City Adminisurative Officers will be by agreemenn of a majority of the members of the Committee and shall first receive the approval of the Chief of Police. 8/ 2/99 CITY~ UNIO~ ~ ARTICLE HOURS OF WORK ~ A work day is defined as either eight (8) hours per day or ten (10) hours per day. A work week is defined as either five 8 hour work days, or four 10 hour work days. Pursuant to Article 9, Section iD., it is a Management Right to establish and change the starting and quitting times and the number of hours and during a declared emergency or during an ongoing immediate investigation. 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. No member of the bargaining unit shall be scheduled either by the department or through shift swaps, details, or over-time, to work more than 16 hours of duty in a 24 hour period, except during emergencies or where overtime is required to complete an on duty assignment, i.e. late arrest. Fqr the purpose of this section, duty means regular assigned duties and detail assignments, not to include court, depositions, filings~ and similar judicial responsibilities. ~ Members acknowledge that they have the obligation to come to work fit for duty. WAGES Section !. Effective October 1, 1998, bargaln!ng unit members will receive one time wage equity adjustmenus as seu forth on Exhibit ~ A" The salaries shown under the column ~ 11 Years" on Exhibit ~ A" represent top-ouu pay. No bargaining unit member who has a base wage in excess of uop-out pay shall receive a base wage increase. Bargaining unit members who are topped out will receive a one time lump sum payment as set forth on Exhibit ~ A" Such lump sum payment shall be considered a salary disbursement included in W-2 holdings for the purpose of pension calculations. Effective on ratification each bargainIng unit member will begin a pay for performance evaluation period. Effective January 1, 2000, the base wage figures depicted on Exhibit "A" shall be adjusted upward by 3%. Ease wage adjustments shall be effective on !/1/00 for all bargaining unit members. Members with anniversary dates between 10/1/99 and 1/1/00 will receive their adjusuments on 1/ /oo. Effective June 1, 2000, the first pay for performance period ends and the second pay for performance evaluation period begins. The City will finalize all members evaluations on or before August ~ A" , no base wage adjustment shall be made, but those employees shall receive a lump sum payment based on their pay for performance evaluation percentage. Such lump sum payment shall be considered a salary disbursement included in W-2 holdings for the purpose of pension calculations. Effective June 1, 2001, the second pay for performance evaluation period ends and the third evaluation period begins. Effective A%~t 2001, ~he C~itY will finalize all members evaluations. Section 2. Special Assignments A. Traffic .Division: Members assigned to the Traffic Division who are required to ride a motorcycle shall be compensated an additional 5% for hazardous duty during said assignment. B. Vice Members: shall be compensated an Those members who additional 5% for are assigned to vice hazardous duty during Police Department SRT Team, shall be compensated-an additional 10% for hazardous duty when said Team is actually called to duty. E. K-9 Unit. Members assigned to the K-9 Unit will receive one (1) hour of overtime for K-9 care, equipment maintenance and vehicle cleaning for each RDO, vacation day where the dog is not kenneled or otherwise boarded. K-9 officers will be allowed one ~1~ hour of duty time Der work day to tend to K-9 care, equipment ARTICLE 13 SENIORITY Section 1. The City agrees that seniority shall consist of continuous accumulated 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 in the line of duty, vacation, military leave or be filled. Such vacancies arising during a particular nour or shift shall be filled according to the following procedure: SteE 1 The permanently ass!gned members of the platoon who are regularly scheduled mo work and who are on duty prior mhe shift experiencing the vacancy will be offered the position first, by seniority. Step 2 If the vacancy remains, the permanently assigned members of the platoon experiencing the vacancy not regularly scheduled mo work on the date the shift or tour experiences the vacancy will be offered the position, by seniority. Step 3 If the vacancy remains, the permanently assigned members of the platoon who are scheduled mo work the shift or mour following the shift or tour experiencing the vacancy, will be offered the position, by seniority. ~ Ail others non covered in Steps 1, 2 and 3 3 will be offered the position, by seniority. Step 5 In the event that the vacancy remains after completing Steps 1 through 4, all sergeants will be offered the position. 8/12/99 ao In the even~ that 5he vacancy remains, and it becomes necessary 5o order individuals to work, the selection shall be by seniority in reverse order. An officer must accepc and be able 5o work the full eight hours in accordance with the limitations elsewhere, this does not preclude the officer from having another officer fill any porsion of the shift, including the beginning of the shift. The officer is ultimately responsible and obligated 5o be prepared for duty at the commencement of 5he shift, if he is unable to fill that obligation with another officer. c. Layoffs will be in reverse order of seniority. Assignments 5o divisions, and units, is a managemen5 ~h~_ Seniority will be ~lven grea~ weight in 5he 8/12/99 In the event of a vacancy on a platoon, seniority will prevail in the offering of the position at shift pick. officers will be allowed to pick a shift and days off'by seniority at shift change. The department and bargaining unit members may mutually agree on alternative schedu!~s. Schedules that may impact any of the conditions of this contract' will be mutually agreed upon prior to implementation. The Chief of Police reserves the right to maintain the bottom number 4 of slots of each platoon for assignments. The reserved slots will in no way be used for disciplinary reasons. Any special event (Holiday Parade, GALA, July 4th, or any other event) shall be offered through a rotating list of Police ~0f~icers bas~ upon department seniority. This C~ITY UNI0 section does not apply ~o special details. tn the even5 of ~ ~eclared emergency ~lternase shifts or work schedules may be adopted by the Chief of Police as needed. 8/12/99 WORK WEEK - ARTICLE 14 OVERTIME COMPENSATION SecElon !. Overtime The normal work cycle shall be seven (7} days. Bargaining unit members shall be paid over-time for all hours worked in excess of forty 40) hours in each seven (7) day work cycle. Any bargaining unit member who fails to physically work 40 hours in the 7 day work cycle will nou be paid time and a half (1 ~ )for the actual number of hours under 40 hours. This applies mo sick time only. Vacation, comp ~nd personal time are all exempu from this requlremenc for the purposes of calculating overtime. Employees who are in a duty suatus seven (7) or fewer minutes either prior mo or after their shift will hOE be eligible for overtime pay. Employees who are in a duty status eight (8) or more minuues either prior to or after cheir shift musu be so only with the Supervisor's approval in order uo be eligible for oversime pay. A. Compensatory Time Members of the Bargaining Unit shall have the option of accumulating a maximum of eighty {80) hours, per fiscal year, of compensatory time at time and one half. A bargaining unit member who is promcted co a position ounside the bargaining unit, or who renires, or who is uerminated, will be paid the balance of all unused compensatory Time. Compensanory time earned and accumulated shall be paid off totally in September of mhe fiscal year if not utilized by the end of the month of August. Compensamory mime accumulated will be taken within the scheduling needs of the Depar5men5. Section 2. Special Detail Assignmenu Ail Bargaining Unit Members assigned mo cover special details may reporn directly to their assignmenm without prior checking in or oun at the police station, but must advise a supervisor personally or by radio. The officer assigned to special detail shall comply with all currenm department policies and procedures in effect. Call Back Call back is defined as any time an officer is called into work when he/she is off duty, or when uhe 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 au the rate of pay one and one-half (1 1/2) times his basic hourly raue reflected in the pay schedule in Appendix A. When an officer is called for call back he/she will be guaranteed a minimum of three (3) hours at time and one-half and au his/her supervisor's discretion the officer may be required to work the entire three hours or longer. When an officer ~s called for call back his/her supervisor will indicate as to whether or not he/she should arrive in uniform or in plain clothes, if the option is available. Couru Time A. Couru time will be paid at time and one-half when the officer is not on his regular assi~B~ment. .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 couru 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 recezve four ~(4) hours plus one (1) additional hour at straight time. If an officer does 9o to court he will be paid for the couru time indicated in Section A and not receive standby time pay. C. Bargaining unit meufoers may report directly uo couru without prior check in at the police station. Members are still required to document their attendance at the court house and submit documentation uo the Department. On Call kny bargaining unit menfoer who is on an ,on-call" Other than court ~\~me as outli~d in Article 14, :8/12/99 CITY~f%I~ IINION 2~\ \ (on-pager) basis Section 4 shall receive compensation of one hour of pay am ~zme and one hal~ for eack day (24 hour period) on call. No member will be placed "on-call" withoun the approval of a division commander, Bureau commander, or designated represen~anive. _~DcElon 6. Overtime Pay Overslme pay, when so ~ranted, will normally be consained-in the member's nexn regular pay check following the mime worked. Set,on 7 = Schedule The City will establish the hours of work best suited no meet the operational and fiscal needs of the DeparEmenm. Any officer who accepms and parsicipates in a shift swap will follow the proper protocol. If the officer is sick and cannom mee5 his/her obiig~nlon ~o work the shift, they are permitted to find a rep!acemenm 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 subsequen5 sick call will be a slx (6) month suspension from shift swaps, and mhe third sick call could force mhe member ~o be permanently disqualified from shift swaps. The member calling mn sick will not be penalized if they provide a legitimaue excuse or provide documenuation of being sick. Section 8. Shift Changes - Employer An officer will be given adequame advance notice as determined by the Chief of any change in his/her regular hours of work except when an emergency exlsns. Notice given less than forty-eight (48. hours before any changed schedule (assignmenn days or days off) is to take effect, entitles the officer to receive compensa=ion au the fane of one and one-half (1.5) tlmes his/her regular salary for the first day of his/her tour of duty. Section 9. The City agrees that any member required to be out of Palm Beach County to attend court, seminars, or for any other reason as a result of his/her duties as a police officer, except if the officer is exclusively the(plaintiff ~t1 a personal civil action, will be 8/12/99 CITY paid his/her regular raEe required for said purposes. compensanion. of pay for each day or partial day There will be no regular or overtime ARTICLE 15 UNIFORMS ~C2~iD_D__!~ The City will provide up to three (3) full uniforms per year and shoes every slx (6) months on an as-need basis. The City will supply replacemenus for the parts of the uniform when replacemenm is appropriate, as determined by the Chief, and if adequate funds are available in the City Budget. ~ The Detectives who are members of the bargaining unit and assigned to plain cIothes duty will receive a total of si,000.00 a fiscal year, paid in $250 ins=aliments at the end of each quarter and pro-rated as appropriate. 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 allowanc~ shall commence from the date of assignment on a pro-rated basis. Uniformed Cfficers assigned to plain clothes duty for more than three {3) months at a time will receive clothing allowance accord with the above for the three (3) months and pro-rated thereafter. ~ 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. Sworn Detectives will be given a cash cleaning supplement equivalent to that given the uniform officer. 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. Uniformed Officers assigned to plain clothes duty for more than three (3) months at a time will, for that three months period, be given a cash cleaning supplement equivalent to that given the uniform officer and pro-rated thereafter. These paymenss for uniform officers ~gned to p~n clothes duty will substitu=e for 8/12/99 CITY ~tl '~ UNIO~ the normal cleaning allowance for uniform officers. ARTICLE 16 MEDICAL EXPENSES Section 1. Members will receive and shall be obliged to take annual electrocardiogram and physical examination performed by an agency or doctor to be approved by the City. Scheduling will be an the discretion of the Department, and the results will become par~ · of the employee's record. The City will pay the cosu of this examination only. Section 2. When recommended by a physician the City will pay for a Stress Test no more than once every 5hree (3) years with no more than a third of the bargaining unit being compensaued for such a test in any one year. Section 3. The City shall provide an immunization schedule during the life of this Agreement for any member who wan5s uo be immunized for Hepatitis-Type B. It is lncumben5 upon the bargaining unit member to notify the Departmenu should they desire said immunization. Said immunization shall be administered by qualified personnel. 8/12/99 ARTICLE 17 ~ROUP INSURANCE Medical Insurance The cost of health and medical insurance premiums for the primary coverage shall be borne, by the City for the employee only. Coverage currently in effect should not be substantially reduced. The selection of the health and medical carrier is reserved solely to the City. Prior to selection, the City shall make data regarding carriers or coverage under consideration available and shall provide notic~ to the Union. ~ Life Insurance Members of the bargaining unit shall be covered by $25,000 of group life insurance with the premium paid by the City. ~Q_t_$_Q_~3_~- Dental Insurance A group dental insurance program will be provided by the City and the City will pay the premium for employees and $7.00 per month of the premium for family coverage. 8112199 ARTICLE 18 LEAVES Sesuzon 1. Annual Leave - Vacation so Personnel in the bargaznmng unit hired after January 1, 1992 will be covered by City of Boyncon Beach Personnel Policy Manual for all issues relative co annual leave. Ail employees hired prior to January 1, 1992 will follow the following vacation schedule: Years of Servkce Vaca~ Vacation Hours t yea~ 12 96 2 years 15 120 $ years 15 120 4 years 16 128 5 years 17 136 6 years 18 144 ~ years 19 152 8 years 20 160 9 years 21 168 10 years 22 176 11 years 22 176 ~ 22 176 ~ 22 176 14 years 22 176 ~ 22 176 16 years 24 192 17 years 24 192 18 vears 24 192 ~ 24 192 ~ 24 192 21 ~ea ~ af_. r 25 ~ Vacation requests may be submitted from 14 45 days in advance for vacation. In the event of dual requests for vacation dates, the senior member request shall prevail if it was submitted thirty (30) days prior co the date or dates requested. Vacations of two days or less may be made with twenty-fou,~,~24) hours ~ance notice or less. Ail other 8/12/99 CtTY[]~ ~18 requests submitted under 30 days shall be on a first come first serve basis regardless of seniority. Request for emergency vacation leave will considered individually by the Chief. Section 2. sick Leave Employees will earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave will be in accord with the Personnel Policy Manual and Police Department Rules and Regulations, as applicable. New employees hired after January 1, 1992 shall be subject to the revised sick leave schedule. Each bargaining unit member covered by this agreement is eligible to receive one bonus day for continuous attendance at work at the completion of each calendar quarter that the bargaining unit member has not used sick time during the previous quarter, nor has been absent from work or on leave other than those.leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation. Employees who have more than one hundred twenty (120) hours of sick leave as of September 1, of the current contract year, may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in this fiscal year. Those hours over one hundred twenty (120) hours not converted in the 1989-90 fiscal year may be converted in the next fiscal year. This provision shall not be applicable for fiscal year 1994-97, and shall be subject to the collective bargaining process for subsequent fiscal years. c. Sharing sick Leave s/12/99 It shall be the policy of the City to permit an employee the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick leave and vacation leave to the nu~m~z~r of vaCat~ hours that said employee would CITY~ UNIO~ accrue in one year. Exsraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. 3 o When there appears to be a need to share sick leave in accord with Section c.2, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirm through the Finance Deparsment that the hours are available and submit the list, accompanied by appropriate Personnel Action Form, to the Personnel Office for proper charge to sick leave records. Time used will be used in order listed on appropriate form supplied by the Union Steward. do Sick leave for medical appointment can be scheduled more than 48 hours ahead and not be changed except in the event of an emergency. No member shall be placed on restricted sick leave unless that member has had a counseling session, with at least a Watch Lieutenant (Lieutenant rank only). During that counseling session, the member will be informed of the reasons being considered for restricted sick leave. At that time, the member will be given an opportunity to explain the sick days taken. When a member is placed on restricted sick leave, the member will be notified in writing of that fact. A unit member placed on restricted sick leave shall be re-evaluated in six months. If not re-evaluated within ten working days after the slx month period the unit member will be removed from restricted sick leave. f4 At the employee's option, the employee may convert excess sick leave time as defined in accordance with this section to vacation ~ime not to exceed forty (40) hours, to be transacted in the first month of the calendar year. section 3. Personal Time a. A total of twenty-four (24) hours for personal time per year will be allowed in increments of one-half shift at a time or a full shift, not back-to-back. Personal time will not be accumulated from year 5o year and in no way should be a basis of CITY._~ terminat~n~ay. N~equest for personal leave will be 8/12/99 denied without a reasonable justification. Personal time is to be used in the same manner as vacation. Employees may request a one-half shift increment of personal time, which will be given at roll-call only, by seniority. Section 4. Bereavement Days Compassionate Leave: In the event of the death of the mother, father, foster parents, brother, sister, husband, wife, son, daughter, grandparents, grandchildren, mother-in-law, father-in-law, sister-in-law or brother-in-law of a permanent or probationary employee, grandparents of spouse and any permanent family member of the household, such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive Calendar days for any one death. However, if it is necessary for the employee to leave the State in connection with the internment of the deceased, five (5) consecutive calendar days shall be allowed. Employees must verify attendance in writing in order to be eligible for this article. The City Manager may grant additional leave under this section, except that such additional leave shall be debited against the employee's accrued sick or annual leave. CITY~(~ ARTICLE 19 HOLIDAYS Secnlon_l. Holidays will be as follows: New Year's Day Martin Luther King, President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Chrissmas Eve Christmas Day Jr. Day ~ Holiday pay will be au 1.5 tzmes regular pay for all members of uhe bargaining unit whether or not the holiday is worked. ~ction 3. So bo c o Holiday Conversion Under uhis Secuion a member may elect nou to receive holiday pay as ouulined in Section 2 above, bus instead ~o have the equivalenu straight time holiday hours added as a lump sum to 5heir accrued vacacion balance, (i.e. 110 hours for 4/10 employees and 88 hours for 5/8 employees). Members who sign up for this section must do so between October !st and October 31st of each contract year with the Secretary of the Department. Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. Members exercising this option may use hours) instead of working the holiday. will be paid at straight time. a vacation day (8 The vacation hours e. Members notDa~gned to w~ ~n the holiday will 8/12/99 CITY~ %7NI0~2" / receive their f o normal weekly pay. Members leaving the service who participated will owe the City for those holidays they were nou on the payroll either through loss of vacation credits or deduction from funds due from the City. 8/12/99 ARTICLE 20 FUNERAL EXPENSES ~ The City will make a paymenn of up to S5,000 uo the beneficiary of bargaining unit employees killed in the line of duty. ~ Ail employees shall, on a form uo be supplied by the Chief of Police or his authorized representative, designate by name and address, uhe individual to whom such funds are to be paid. 8/12/99 ARTICLE 21 EQUIPMENT MAINTENANCE & SAFETY The City, as a managemenn responsibility, will maintain vehicles and equipmenn in a safe condition and in accordance with law or ordinances. The Union Members accept the responsibility for checking vehicles prior 5o use and for completing City providing forms for any defects which is discovered or any operating manuer that needs attention. Concerns about unsafe conditzon will be brought to the attention of the immediate Supervisor who will make a judgment concerning the need for lmmediane repair prior to use. If the Bargaining Unit Member does non agree with the immediate Supervisor he/she may ask that nhe nexn level of supervision review his/her concern, and that Supervisor will be the final judge on the safety of the equIpment and the appropriate action to take at that time. Subsequent review of the acmions of the bargaining unit member or the supervisor, will be made by the Chief the next normal work day. 8/12/99 CITY~ UNIOn35 / ARTICLE 22 TRAINING Ail training required of the cfficer by the Police Department when off duty will be compensated at time and one half, except for training or travel activities that are off site and considered to be seminars, conferences, and special programs where expenses incurred are paid for by the City as provided for by resolution. Weapons Training The Chief will decide on the training program based on his judgmenu of the department's needs. 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. College Tuition Reimbursement A. The City will provide for ;those members who attend colleges and/or universities an incentive of paid tuition and books based upon the grade score for that class. The member is to pay for the tuition and books and. be reimbursed upon proper receipt an the below schedule upon completion of the semester. "A" equals "B" equals "C" equals 100% of tuition and books 100% of tuition and books 50% of tuition and books College and/or university program must be initially approved by the City Manager and tm/st be a part of a program leading to an acceptable Associates, Bachelor or Master degree with a curriculum directly related to the Police profession.' The Chief will make a recommendation to the City Manager who will have final approval for the courses, degree program and payment. B. The City shal~lipay tuit~and books reimbursement even if a ~ course is not part of a program leading ~o a degree providing 5hat the course is job related and approved by the City Manager prior to registration of said course. Section 4. The City shall provide reimbursement for authorized expenses associated with training and special schools attended by the officer through approval of the Department. CITY~ UNI / ARTICLE 23 CAREER PATH PROGRAM The purpose of this program is to establish guidelines for a Career Path Program for police officers below the rank of Detective/Sergeant. The Career Path Program is designed uo accomplish a three-fold purpose and is voluntary in nature: Recognize and reward the officer through his/her training and educational achievements. Provide a career development path for Rank of Police Officer. 8/12/99 Promote long term dedicated employees by offering incentives, alternatives and guidelines. The Police Officer Skill Levels III, II, and I shall be as follows: A. Skill Level Three (III) (1) Time in grade: new employee to five (5) years continuous service. B. Skill Level Two (II) (1) Time in grade: 5 10 years continuous service (2) Education Requirement (job related): 160 hours Career Incentives or Training Courses (3) Average or above average performance evaluation for the past two (2) years. (4) Incentive pay increase Skill Level One (I{ ~ CITY~ UNI o/ -2% o (1) Time in grade: 10 plus years continuous service (2) Educational Requirement: 400 hours - Career Incentives or Training Courses. (3) Average or above average performance evaluation for the past two (2) years. (4) Incentive pay increase - 3% A Police Officer will need to declare the Career Path Program; being either career path or career incentive (however, if max out on career incentive, can use/pursue career path). No college degree courses will be accepted when pursuing a college degree path. Education must be job related, and courses/training taken for credit must be on officer's own time (not City time). If a police officer who has received career path pay increases pursuant to this program and is promoted, they are no longer eligible to receive career path pay increases, nor will career path pay increases received Under this program be considered in establishing their new rate of pay. 8/12/99 ARTICLE 24 -- PERSONNEL RECORDS ~ Consistent with State law, the City agrees that upon request, a member shall have the right uo inspecu his or her own personnel records whenever or however kept. The member shall have the right to make duplicate copies of his or her own records au no expense. No record shall be hidden from a member's inspection and members shall have the right to allow anyone of his or her choosing to inspect the personnel records with writuen authorization. Members shall have the right uo inspect any and all records used to evaluate, promoue or in any other manner, classify or direct an employee. ~ A personnel file for all City employees maintained by uhe City Personnel Department. Section 3. Internal affairs investigatory files will maintained in accordance with Fi. State Statutes. be ARTICLE 25 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 all~ged 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. ~ The City will indemnify all judgments for compensatory damages entered against of their actions to the extent that the City is such actions. members against them as a result found liable for ~ The City will select the Attorney who is to defend the employee relative uo this Article. Section 4, counterclaims The employee will be responsible for filing any at his/her expense. 8/12/99 CITY~j ARTICLE 26 GRIEVANCE PROCEDURES Section !. interpretation Agreement. A grievance is defined as a dispute involving the or application of the Collective Bargaining ~. A dispute over disciplinary action is not a grIevance, but shall be referred co as an appeal of disciplinary action. The process for handling appeals of disciplinary action are sec forth in Article 27 Disciplinary Appeals of this Agreement. Section 3. The parties are committed uo resolving grievances in a timely fashion. Accordingly, any grievance no5 submitted or advanced by the grieving party in accordance with the time limits set forth below will be considered abandoned. Any grievance not answered by the City within the time limits set forth below will automatically advance to the next step of the grievance procedure. By way of example: When a grievance is advanced to the Police Chief on January 1st, the Police Chief must respond by January 21Sto If the Police Chief responds to the Grievant on January the 3rd, and the Grievant is not satisfied with the Chief's determination, the Grievant has ten (10) days from January 3rd uo request appointment of an arbitrator. If the Police Chief fails to respond by January 21st, the Grievant has uen (10) days from January 21st ~o request appointment of an arbitrator. ~. A grievance must be filed within ten (10) days of the first occurrence of the event which give rise to the dispune. Grievances shall be presented in the following manner: SteD 1. 8/12/99 A grievance must be filed on a form approved by the City within ten (t0) calendar days as set forth in Section 4 above. The grievance must make specific reference to the Article and Section of the Agreement in dispute, seu forth detailed facts explaining ho~the Article and Section has been misapplied by ~ City, and state the relief sought Step 2. Step 3. Step 4. Step 5. Step 6. 8112/99 by the grievant. The grievance form shall be filed with the grievant's immediate supervisor. In the case of a class grievance filed by the Union, the grievance form shall be filed with the Police Chief. The immediate supervisor shall review the grievance and make a written recommendation for disposition of the grievance to the Police Chief within five (5) days of receipt of the grievance. The police Chief Shall review the grievance and render a written decision within twenty (20) days of the filing of the grievance with the immediate supervisor. The Police Chief may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. In the event that a grievant is not satisfied with the disposition of the grievance by the Police Chief, the grievant shall have the right to submit the grievance ~o the City Manager. Submission to the City Manager shall be made within ten (10) days of the'date of the Chief's disposition or the expiration of the time period for the Chief's disposition in the evenn the Chief does not render a decision. The City Manager shall review the grievance and render a written decision within twenty (20) days of the filing of the grievance with the immediate supervisor. The City Manager may require members of the Bargainzng Unit to submit to questioning as part of his review of the grzevance. In the evenu the employee is nou satisfied with the disposition of the grievance by the City Manager, or if there is no disposition by the City Manager zn a timely fashion, the grievant may request appointment of an arbitrator. The grievant's request for the appointment of an arbitrator must be made within/~ten (10) days of the date of the Ci~ Manager"s[d~s~osition of the grievance, or the CITY'S.._ U'NI~ expiration of the time period Manager's disposition in the event does not render a decision. for the City the City Manager Step 7. The grievant's request shall commence with a written reques5 to the Federal Mediation and Conciliation Service asking that it submit a list of names of seven (7) arbitrators. Both parties will alternatively strike one name until an arbitrator is agreed to. Following appointment of an arbitrator, arbitration shall proceed as set forth below. ARBITRATION Section 1. When an arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the City, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration hearing on the grzevance itself. If the City raises the question of arbitrability and loses that determination, the City shall pay the cost of the arbitrator. If the City raises the question of arbitrability and the arbitrator determines that the matter is not arbitrable, the Union shall pay for the arbitrator. This provision shall not prohibit the City from challenging the arbitrability of any grievance in an action for declaratory relief filed in the Circuit Court of Palm Beach County, Florida. In the even5 of a court action by the City, the grievance/arbitration proceeding shall be abated until the conclusion of the court proceeding. Section 2. The arbitrator shall conduct the arbitration hearing no less than thirty (30) days nor more than ninety (90) days from the date of appointment. Sect.ion 3. In the event a party seeks continuance of an arbitration hearing once set, the requesting party shall pay any fee charged by the arbitrator for resetting the hearing. statement of the grievance set forth in the written grievance together with any d~fenses r~ksed by the City at any step of 8/12/99 CITY~' UNIOn% % The arbitrator's decision shall be confined to the form the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this agreement or any part thereof in order to resolve a grievance. The arbitrator may not issue declaratory opinions and shall confine himself/herself exclusively to the issues presented, which must be actual and existing. Section 5. The arbitrator shall render a written decision within thirty (30) days of the close of the arbitration hearing or submission of post hearing briefs, whichever occurs last. The arbitrator's decision shall be final and bindin~ on all partieR. 8/12/99 CITY ~7t~~ ARTICLE 27 DISCIPLINARY APPEALS Section 1. Discipline is classified as either major or minor as follows: MAJOR: Termination Demotion Suspension without pay - more than one (1) day No employee shall be subjecu 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 uen (10) calendar days notice to the employee. MINOR: Written reprimand SuspensIon without pay one (1) day or less Section 2. Appeals of disciplinary action shall be handled as follows: Major discipline may be by appeal to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in Article 26 above. The request for appointment of an arbitrator mus= be made in writing within sen (10) calendar days of notice of the City's disciplinary action. The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decismon of the arbitrasor is final and binding on the parties. Co Written reprimands may not be appealed but the employee may submit a written response provided the response is submitted within ten (10) days of the written reprimand. If a written response is submitted by the employee, it shall be attached to the written reprimand and placed in the employee's personnel file. 8/12/99 Suspensmons without pay of one appealed ,to CITY~ the Hu~Resource (1) day cr--~-~ may be Manager whose decision shall be final. An appeal shall be filed in writing within ten (10) days of nonlce of the suspension without pay. The Human Resource Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days of the appeal. The Human Resource Manager's decision may be to either sustain, reverse, or modify the discipline. In no event shall the Human Resource Manager's decision increase the discipline to more than a suspension without pay of one day. The Human Resource Manager may conduct interviews with the grievant, departmental staff, or members of the bargaining unit as part of his/her investigation of the discipline. 8/12/99 CITY~ ARTICLE 28 RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION The City of Boyn5on Beach agrees that all rights of Law Enforcement Officers under investigamion detailed and granted by Florida Statutes, Section 112.532(1) (a)-(i) and Section 112.533 (as amended from time to time) will be observed and practiced. s/12/99 CITY ARTICLE 29 DISCIPLINE AND DISCHARGE Section i. Employees may be disciplined only No employee shall be disciplined without notice setting forth the basis for such discipline. for just cause. of the charges Section 2. Employees shall have disciplinary action mn the manner seu Agreement. the oppor5unity to appeal forth in Article 27 of this Section 3. The parties recognize that timeliness of disciplinary action is an essential element of due process. Accordingly, no employee shall be subjected to disciplinary action unless a final disciplinary recommendation is made by the Police Chief within fourteen (14) days of the Chief's determination of the conclusion of the investigation. Section 4. No employee shall be subject ~o demotion, termination, or a suspension without pay of more than one (1) day without first being afforded the right to a pre-determination conference with the Ciny Manager. CITY~ ARTICLE 30 PAST PRACTICES All employment practices listed below shall remain in effect: B. C. D. F. G. H. I. Lockers Locker room shower, gym Shoes every six (6) months. Provide weapons, equipment, gear appropriate to assignment. Bullet proof vests. Jackets, raincoat, boots. Desk space, office supplies. Approved and required travel expenses. Use of City vehicles for court when available. CITY~ ARTICLE 31 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 seminars. 8/12/99 CITY~ ARTICLE 32 -- DEPARTMENTAL POLICIES, RULES AND REGULATIONS ~ It zs agreed and understood that the Police Department currently has policies, rules and regulations governing employmenn. The formulation, amendment, revision and implementation of any rule shall non be arbitrary or capricious. In the event of a conflict between the rules and specified provisions of this Agreement, the Agreement shall control. ~ In the event the City amends or revises rule or implements any new rule, it shall give hen (10) to the Union. an existing days notice 8/12/99 ARTICLE 33 MATERNITY LEAVE Whenever an employee shall become pregnant, she shall furnish the Police Chief with a certificate from her physician, stating the approximated expected date of deliver. She may continue ~o work as long as her physician certifies she is able and provided the Police Chief does not find her work performance impaired. Maternity leave shall start with cessation of actual work and continue for a period not to exceed two (2) months after the date of delivery. She shall be paid, upon request her earned vacation leave and unused sick time. 8/12/99 CITY~?~ ARTICLE 34 -- COMPLETE AGREEMENT AND WAIVER CLAUSE This Agreemenn zs 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 no bargain on any subjecm during the term of this Agreement. There ms no past practice which results mn a moneuary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement and the City's Personnel Police Manual and nom under any Civil Service Rule/Regulation and heretofore in existence. 8/12/99 ARTICLE 35 sEvEp. ABILITY 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. 8/12/99 ARTICLE 36 -- DURATION This Agreement shall the collective bargaining unit and remain in effect until September 30, increases provided for in Article beyond September 30, 2001, unless agreemenn of the parties. take effect when ratified by the members of the City Commission, and shall 2001, The pay for performance 12, Wages shall not conuinue otherwise extended by written 8/12/99 CITY ADDENDUM TO AGREEMENT The Union and the City agree that in Years 2 and 3 of the contract, the vacation accrual will end with the fiscal year October 1, 1999 through September 30, 2000, and October 1, 2000 through September 30, 2001. The remainder of Year 1 will extend through December 31, 1999 for vacation accrual as agreed upon by both parties. Agreed to this between the representatives day of , 1999, by and respective parties through the authorized of the Union and the City. Witness PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION President ~~ ~ f~ AI~D~ESS: Ci~/Attorne? Ratified by City Commission CITY OF//BOYN~O~ B~ACH ,~,,x, ._ zUOz ~ Il I/ ' ~ o~ro~ ~ ATTEST: ~ %~ % ~.'~ ~ Ci~ Clerk Cit~a~-age: ' ' ' Date 8/12/99 CITY' Ratified by Union Members