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R99-108
RESOLUTION R99-/~',¢ A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA, RATIFYING THE CONTRACT BARGAINING AGREEMENT BETVVEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE FRATERNAL ORDER OF POLICE - SERGEANTS UNIT FOR THE PERIOD OF OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 2000, 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 Fraternal Order of Police Sergeants Union have successfully concluded negotiations for a two (2) year ontract; 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 lo 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 the Fraternal Order of Police - Sergeants Unit for the period ~ommencing October 1, 1998 through September 30, 2000, and authorizing and directing the Mayor and City Clerk to execute the Contract Bargaining &greement, 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/Y' day of August, 1999. Mayor Pro Te,m ~ Comn~issioner - 1998 - 2000 AGREEMENT BETWEEN CITY OF BOY1TTON BEACH, FLORIDA POLICE SERGEANTS FRATEENAL ORDER OF POLICE 071999 FOP ~ City TABLE OF CONTENTS 1 2 3 4 - 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '23 24 25 26 27 28 29 30 32 33 34 35 36 37 071999 Preamble.; ................................... Recognition .................................. No Strike or Lock-Out ........................ Non Discrimination ........................... Dues Deduction ............................... Union Time Pool .............................. FOP Representation ........................... Bulletin Boards .............................. Information Requests ......................... Rights of Law Enforcement Officers Under Investigation ......................... Management Rights ............................ Discipline and Discharge ..................... Rate of Pay .................................. On Duty Injuries ............................. Call Back Pay ................................ Stand By Pay ................................. Court Appearances ............................ Bereavement Leave; ........................... Sick Leave ................................... Vacation ..................................... Holidays Funeral Expenses ............................. Medical Expenses ............................. Uniforms ...................... Training ...................... Personnel Records ............. Solicitations ................. Safety and Health ............. Use of City Facilities ........... Hours of Work and Overtime ........ Shift Selection ................... Seniority ......................... Transfers and Shift Changes ....... Group Insurance ............................. Tuition Reimbursement ....................... Departmental Policies, Rules & Regulations.. Special Details ............................. Grievance and Arbitration Procedures ........ 1 2 3 5 6 7 8 10 11 12 13 15 16 17 18 20 21 22 23 25 27 29 30 32 34 35 37 38 39 40 41 42 43 44 45 46 48 38 39 4O 41 42 43 45 Past Practices ............................... Entire Agreement ............................. Personal Vehicles ............................ Promotions ................................... Temporary Assignmenn ......................... Savings Clause ............................... Chemical Testing ............................. Duration of Agreement ........................ Signanures ................................... 52 53 54 55 57 58 59 61 62 071999 / FO City. City of Boynton Beach, Florida, "Employer" or "City", and the Florida State Order of Police, hereinafter referred uo as PREAb~BLE This agreemenu is enuered into by and between the hereinafter referred to as uhe Lodge, Fraternal the "FOP" or the "Union". create a sound and mutually beneficial relationship between the parties hereto; It is the intent and purpose of this Agreement uo working and economic to provide an orderly, prompt and peaceful means of resolving disputes involving interpretation or applicatiqn of this Agreement; and to set forth basic and full agreement between the parties concerning wages, hours, terms and conditions of employment. 071999 FO f~~ City ARTICLE 1 RECOGNITION -2- Section 1. The City of Boynuon Beach hereby recognizes the FOP as the exclusive collective bargaining agenu with respect to wages, hours and other uerms and conditions of employment for all employees in the bargaining unit. ~ The bargaining unit for which this recognition is accorded is as defined in the certification granted by the Public Employees Relations Commission dated March 18, 1988, and comprises all full-time police sergeants with the City of Boynton Beach. Excluded are all other employees of the City. 071999 FOP City. NO STRIKE OR LOCK-OUT -3- duty, the concerted absence uhe concerted stoppage of work, the resignations, the concerted abstinence group their "Strike" means the concerted failure to report for of Sergeanus from their positions, concerted submission of mn whole or in paru by any of the City, participation in a of conduct which adversely picketing or demonstrating in either during the term of or of Sergeants from the full and faithful performance duties of employment with deliberate and concerted course affects the services of the City, furtherance of a work stoppage, after the expiration of a collective bargaining agreement. ~ Neither the Union, nor any of its officers, agents and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted~_ ~opp~9e of work, illegal picketing, or any other interruption of the operations of the City. a Each Sergeant who holds a position with trust and responsibility City~ occupies 071999 p°siti~.sPecial the City in maintain!rig and bring s~rike prohibition in Constitusion of the State Accordingly, the Union, representat!ves agree that -4- about compliance with this Article and the Florida Statutes 447.505 and the of Florida, Article 1, Section 6. responsibility to maintain compliance with law, including their responsibility no abide its officers, stewards and other it is their continuing obligation and this Article and the by the provisions of this Article and the law by remamnlng ~nterruption which may be initiated by responsibility, mn evenm of breach of other employees and upon the request and direct employees violating this Article or to work, and to disavow the strike publicly. at work during any others; and their this Article or the law by of the City, ~o encourage the law to return ~he law prohibiting strikes or or otherwise disciplined by the Any or all Sergeants who violate any provisions of of uhis Article may be dismissed City, and any such action by the City shall not be grievable or arbitrable under the provisions of Article 37 - Grievance and Arbitration Procedures. 071999 City ARTICLE 3 NON-DISCRIMATION Section 1. The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall work jointly to eliminate discriminatory conduct in the work place. Discriminatory conduct means words or actions which are derogatory, or insulting and make reference to age, race, gender, religion or national original. To that end, the City and the Union agree that bargaining unit members have an affirmative duty to act against discriminatory behavior when ~ ~curs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including ~rmination. Section 2. Any claim of discrimination by this Article may be brought with the appropriate agency, but may not be grieved under the Agreement. an employee under governmental 071999 City ARTICLE 4 D : DEDUCTIO_ 'S~ction 1. Any employee covered by this Agreement may authorize a payroll deduction for the purposes of paying Union dues. Such authorlzatlon shall become effective upon acceptance by uhe City of a fully executed dues deduction form from the employee. Unit need not execute a new dues authorization card. ~ The Union will notify the City as to the amount of. dues. Such notification to the City shall be from an official of ~he Union. ,~he City at the change. Employees who are currently members of the bargaining Changes mn Union membership dues will be certified to least thirty (30) days prior to the effective date of Dues-will be deducted each pay period and such monies shall be remitted to the Union treasurer once per month, not later than fourteen days after the end of the month. $_9_c_t~k~_~ The effective date of deducting dues shall be the beginning of the pay period following the day the dues deduction 071999 form is signed. The/~ective date for stopping dues deduction shall be ac the beginning of the pay period thirty (30) days following the date the revocation form is received by the City. i_~D_c_~_O_~_~. The Union will indemnify and hold harmless the City against any claims brought against the City based on payroll deductions of dues as provided in this Article. 071999 City~ UNI :N TI P : -8- The City shall create a time pool of ninety-six (i96) hours for utilization of designated union representatives for uhe conduct of union business within and outside of the City. Time pool activities shall be limited to activity by union representaUves for the following: A. To assist an employee who is required to appear at a hearing related to a grievance; B. To assist an employee who is presenting or responding to a gdevance; C. The employee is subject to interrogation in conjunction with an internal affairs investigation; D. To assist an employee who is attending a predetermination hearing. In addition, members of the bargaining unit may ~onate in two (2) .hour increments (on a form designated by the ity), not to exceed eight (8) hours each per year of vacation ¢ime to be used toward the Union Time Pool.~ Union ~epresentatives shall be released from duty upon reasonable ~otice to the Department and upon the approval of the division Or bureau commander or lieutenant. If the needs of the 071999 FOP ~ City~ Department do not permit requested, the release -9- the release of a particular employee as of an alternative member during the desired time shall be provided. 071999 FOP ~ City FOP REPRESENTATION -10- Section 1. Neither party in negotiations shall have any Uontrol over the selection of the negotiating or bargaining representatives of the other party. The parties shall, at their first bargaining session, exchange a list of bargaining team members. ~ The City shall recognize up to two (2) FOP irepresentatlves for the purposes of bargaining and any bargaining team members shall be permitted to attend which may occur during their regular tours bargaining sessions of duty without any floss of pay but the time for more than three (3) representatives · iwill be charged to the Union Time Pool. The City shall not be irequired to provide overtime to any employee attending inegotiations. -~ Section 3. The parties agree system of stewards providing individual steward on each bargaining unit. release time with 071999 FOP Stewards pay upon that the FOP may establish a for a chief, steward and an shift and division represented by the on duty shall be permitted reasonable approval of the division or bureau City -It- commander or lieutenant for the purpose of processing any individual grievance or assisting employees at investigatory or disciplinary interviews. representatives themselves, When acting in their capacity as FOP within the Deparsmen~ and no~ on behalf of employees shall not be obligated to observe the Departmental chain of command. A representative may not refer an issue outside of ~he department without first presenting it to a senior staff officer. This shall not relieve employees from observing the Departmental chain of command except for receiving approval of release time with regard to their duty-related activities, notwithstanding their position as an FOP representative. 071999 FOP City -12 - ARTICLE 7 BULLET__IN BOA~___~ Section 1. The Union shall be provided with the use of a Sergeant's Union bulletin board space at one (1) location in the police building. ~ The Union agrees that it shall use the space on the bulletin boards only for the purposes of posting notices of Union meetings; notices and results of Union elections; reports Of Union committees; rulings or policies of the Union; recreational and social affairs of the Union, and notices by public bodies. 071999 FOP / City~/ -13- ARTICLE 8 REPRODUCTION Section 1. The parties agree that all bargaining unit members covered by this Agreement shall be provided a copy of this Agreement at Section 2. shall be no cost ~o them. The cost of the reproduction of borne by the City of Boyn~on Beach. uhis Agreement 071999 FOP ~ City ~.--~ ARTICLE9 RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION -14- The City of Boynson Beach agrees that all rights of Law Enforcement Officers under investigasion detailed and granted by Florida Statutes, Section 112.532, 112.533, AND 112.435 will be Observed and practiced. 071999 FOP City MANAGEMENT RIGHTS -15- exclusive right to manage and Specifically, but not by way of exclusive A. The Union recognizes that the City has the direct the Police Department. limitation, the City retains the right to: Hire, promote, and lay off employees in accordance with the City of Boynton Beach Personnel Policy Manual. Discharge and suspend employees for cause. Transfer 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. Assign and reassign employees. Schedule and change the work to be performed by Bo 071999 employees. Formulate~ implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement. "~I'~roduce new services, facilities and equipment. procedures, Mandate physical, medical, and drug aCcordance with law. The City agrees to Certified Laboratories for all drug testing. materials, testing in use State Determine and change the equipment and provided to or not provided to employees. -16- materials K. Add to or change the qualifications necessary for any job classification. Create, alter or disband any units based upon the needs of the Department as determined by the Police Chief. If the City fails to exercise functions from time to time it the City's right or privilege of the the City in this Agreement any one or more of the above shall not be deemed a waiver of rlght to exercise any or all of such functions. Any City not specifically~relinquished by shall remain with the City. ~ In the event~ of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented prior to resolution of the impact bargaining. 071999 City ARTICLE 11 DISCIPLINE AND DISCHARGE ~GS~D_~L_I~ Employees may be disciplined only No employee shall be disciplined without notice setting forth the basis for such discipline. $_¢_g~L~QD~ Employees shall have disciplinary action in the manner se= for jusu cause. of the charges the opportunity to ~ppeal forth in Article 37 of this Agreement.~ disciplinary action Accordingly, it is incumbent upon recommendation to the City Manager (10) days of The parties recognize that timeliness of is an essential element of due process. the Police Chief to make a for discipline within ten the Police Chief's conclusion of the investigation. 071999 FOP City~/ -18- RATE OF PAY Those employees who are selected members of the ~RT team shall be compensated an additional 10% for hazardous ~uty when said team is actually called to duty. Members of the Vice, Intelligence, Narcotics Units and Directed Patrol who are active shall receive a 5% pay supplement. No employee shall ~eceive more than one assignment pay. Section 2. SEE CHART ATTACHED YEAR ONE (1) OF THE AGREEMENT. In year two (2) of HERETO AS APPENDIX ~ A" FOR the Agreement, each bargaining ~nit member shall receive a 3% base wage increase on their Anniversary date, unless the bargaining unit member has reached ~he cap. If the bargaining unit member has reached the cap, they ~ill receive a 3% lump sum payment, not into base, but to be :alculated into their pension. 071999 FOP ~ City~________~ ~ -19- Section 1. When an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Workers' Compensation Act, the employee shall be entitled ~o full regular pay. If the period of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to. an amount equal to the difference between his/her and his/her normal net take home Workers' pay. days, the Compensation check If the period of disability is greater than 180 City may ask the Police Pension Board to review said employee' s disability case duty due to authorized to for retirement due to disability. Following three hundred sixty (360) days loss of a service-connected injury, the City shall be dismiss the employee for physical inability to perform within the employee' s classification. ~ The City shall attempt to police work for employees disabled in the line of duty. 071999 FO Ci~ provide light duty ARTICL_~ 14 CALL-BA K PAY -20- ~ In the even5 that a sergeant is recalled to duty anytime outside of his/her regular working hours, the employee shall be compensated for the ac5ual time worked but in no event less than three (3) hours at uime and one-half (1 1/2) the employee's regular rase of pay. ~ Employees will be called back ~o duty on the basis Of the following procedure: A. Members of the uniform patrol services division which include traffic who are regularly scheduled to work the shift or the tour preceding or 5our experiencing the vacancy will be offered the position first, by order of seniority. B. Members of the uniform services shift not regularly day the shift or tour be offered the position Co 071999 scheduled to work on the experiencing the vacancy will next, by order of seniority. If the vacancy remains, the members of the uniform are regularly scheduled to work the services shift who FOP ~ Eo 071999 -21- shift or uour following the shift or tour experiencing the vacancy will be offered the position, by order of seniority. If the vacancy services shift the shift or experiencing 5he by order of seniority. If the vacancy remains, services shift who are uhe shift or tour remains, the members of the uniform who are not regularly scheduled to work tour preceding the shift or tour vacancy will be offered the position, experlencing the vacancy will be offered by order of seniority. If the vacancy remains the position will be non- uniform services members by seniority the members of uhe uniform not regularly scheduled to work following the shift or tour the position, offered to If the vacancy remains the position may be offered to Go lieutenants. H. In the event that the vacancy remains necessary to order individuals to individual shift or tour vacancies, shall be by inverse seniority FOP ~ City (junior sergeant and it becomes work to fill then selections first). ARTICLE 15 STAND-BY PAY -22 - ~ Employees directed uo be on stand-by status must be able ~o respond to a specified location on duty within one (1) hour and shall be compensated at a minimum of one hour at t~me and one-half (1 1/2) the employee's regular rate of pay for the first hour and one-half (1/2) the employee's regular rate of pay for all remaIning hours. ~ In the event the unit member responds to a Specified location for duty, this section would not apply and Article 14, Call-Back Pay, would prevail. Therefore, Stand-By ~ay will only be granted if the unit member" is on stand-by Status and not called to duty. 07z999 COURT APPEARANCES -23 - ~ When required to respond to court, deposition, subpoena, or any other judicial or administrative proceeding arising out of a member's duty as a police officer, and not involving the officer as a plaintiff or whose interest is affected by the plaintiff, the employee shall be paid a minimum hours per day at .time and one-half (1 1/2) the appearance of three (3) employee's regular rate of pay, unless such court occurs during the employee's regular working hours. $_~ If court appearance is contiguous with the end of the employee's shift, court time shall be compensated as any other over time assignment. 071999 FOP~ City ARTICLE 17 BEREAVEMENT LEAVE -24 - Section 1. In the event of the death of the parent, foster ~arent, sibling, spouse, child, grandparent, grandchild, mother ~r father-in-law, sister· or brother-in-law, grandparents of ~pouse, domestic life partner, and any permanent family member of he household such employee shall be entitled to paid ~ompassionate leave not to exceed three (3) cons.ecutive calendar days for any one death. However, if it is necessary for the ~mployee to leave the State of Florida in connection with the ]unera! of the deceased, five (5) days compassionate leave Shall )e allowed. Additional leave may be authorized by the Chief or lis/her designee on a case-by-case basis, except that such ~dditional leave shall be debited against the employee's accrued 3ick or annual lea~e. ~ection 2. Employees must verify, in writing attendance at an ~ut-of-state funeral in writing in order to be eligible for benefits under this Article. The City Manager may grant ~dditionat leave under this Section. ~71999 city ARTICLE SICK -25- ~ Employees shall sick leave per year at the rate The use of sick leave shall be Boynton Beach Personnel Policy separation of service with the City of Boynton Beach, sick leave will be paid out at the rate of 50%. ~ It shall be the policy of the City to employee the opportunity to donate accrued sick leave designated least 120 hours accrued circumstances require the designated work for a lengthy period of time, exhausted all equivalent of Extraordinary hospitalization, critical to be a Article, 071999 earn ninety-six (96) hours of of eight (8) hours per month. in accordance with the City of Manual. Upon retirement or all accrued permit an time co a employee, provided the contributing employee has am sick leave, whenever extraordinary employee to be absenm from and when the employee has accrued sick leave and annual leave to the his/her current annual earned vacation rate. circumstances shall be defined as lengthy illness, or injury. When there appears need to share sick leave in accordance with this the Union Steward will prepare a list of bargaining unit members who are confirming through available. Such Administrator charged will willing to contribute sick the Finance Department that the list shall be submitted to the for proper charge to sick leave records. be used in the order listed on form supplied by the Union Steward. ~ Sick scheduled more than the Departmen5 Department. Section 5. prior to being -26- leave hours, hours are Payroll The time the appropriate leave use for medical appointment must be 48 hours in advance and cannot be changed by except in the event of a clear need by the No member shall be placed on restricted sick leave counseled by the Division Commander informing the member of ~he reasons and allowing them an opportunity to explain the situation. If after counseling a problem continues, the member will be notified in writing and placed on restricted sick leave. ~f szx advised in writing if the A member will be on restricted sick leave for a period (6) months. At the end of six months, the member will be Department intends on extending the restricted sick leave. ~ At the employee ' s option, contributing employee has at least 120 hours 071999 FOP~ Cit~/' provided the of accrued sick leave, exceed the employee may converu sick time uo vacation time not uo forty (40) hours, to be transacted on the first month of uhe calendar year. Section 7. Each bargaining unit is eligible to receive one member covered by this agreement (1) bonus day for continuous attendance at work a5 the completion of each calendar quarser that the bargaining unit member has nou used sick leave during the previous quarter, nor has been absent from work or on leave, other than those paid 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. 071999 VACATION -28- Section t. at the of day/hours credited per year will not year of service unless the schedule is ~nit member shall, upon termination be paid for unused bargaining unit members Years of Se~ice Each full Time employee shall earn vacation leave rates shown in the schedules outlined below. The number increase after the 20tn amended. A bargaining of employment with the City, accumulated vacation leave. For those hired prior to 10/1/91: 1 2-3 4 5 6 10 - 15 16 - 20 071999 Vacation Hours Per Year 96 120 128 136 144 152 160 168 176 192 c ty For those bargaining unit members hired after 10/1/91: Years of Service 1 Year 2 years but less than 5 5 years but less than 10 10 years 10 years but less than 20 Vacation Days Vacation Hours 6 48 12 96 15 120 17 136 20 160 -29- Employees may accrue vacation leave to a maximum of the level earned in the most recent two employment years. However, any amount over the allowable maximum that has not been used dudng that fiscal year (October 1 - September 30) will be forfeited as of September 30. This portion of the Agreement will take effect September 30m, dudng the 2nd year of the Contract. ~ Seniority will prevail in the granting of vacations. Section 3. Vacation requests may be submitted from forty eight (48) hours to thirty (30) days in advance. In the event of dual req~s~_.s for vacation dates, the senior member's request shall prevail if it was submitted twenty one (21) days prior to the date or dates requested. Vacations of three (3) days or less may be made within twe~nty- four (24 ) hours advance not ice, that the City incurs no overtime in the granting of sUCh iproVided vacatiOn request- emergenCY Requests flor individually considered by the chie~ of poliCe- ~ No member shall be denied vacation nor shall suspended or canceled except as vacation privileges be specifically set ~orth in this Agreement or as defined in this Agreement' leave shall be in time o~ declared emergenCY, shall receive in addition to the ~ All sergeantS40 hours o~ personal time which may existing vacation accruals (non_aCcUmulatiVe and cannot be used in ~our hour inqrementS create an overtime situatiOn]' The parties agree ~or contract year commencing 10/1/ 98 through 9/30/2000 an additional 20 will be credited to each bargaining unit that all requests ~or usage are .hours o~ perSOnal time member, with the stipulatiOn approved by the police chieE, and that any denial off the use oE this time by the police chieE is not grievable' The 20 hours are not accr~b? and must be used by the bargaining unit member prior to 9/30/00. These 20 hours will not carrY over past 9/ o/oo- 071999 city.~' Holidays Will be-in accordance With the Boynton Beach Personnel POlicy Manual. ~A~_~Q~ HOliday pay will be at one and one-half (1 1/2) times the employee,s regular ra~e of pay, whether or no~ the holiday is Worked. City of Holiday Conversion. Under this Article a member may elect not to receive holiday pay as outlined in SeCtion 2 above, but instead to have the equivalent Straight time holiday hours added as a lump sum to their accrued vacation balance. . Members Who si~rl up for this seCtion must do so between October l~t and October 31sc of each Contract year With the Bureau Of Administration. ..~M~_mb. ers exercising this option for COnversion will be paid only straight time for the holiday, hours Worked on the Members wh°~regular days off FO are on a holiday Will Fo receive their normal weekly pay. Members leaving the service who the City for those holidays they were payroll either through loss of vacation deduction from funds due from the City. Members may elect to take the holiday off option deduct eight (8) hours vacation holiday off without pay. -32 - participated will owe not on the credits or and a~ their or take the 071999 FOP City -33 - ARTICLE 21 F-, ~p~A EXPENi4: $_9_C22iQD~!~ The City will make a payment not co exceed $5,000 for funeral costs co the beneficiary of bargaining unit employees killed in the line of duty. Section 2. Ail employees shall, on a form to be supplied by the Human Resource Director or his/her designee, designate by name and address, the individual to whom such funds are to be paid. 071999 City~ ARTICLE 22 MEDICAL EX EN E -34- Members will receive and shall be obliged to take and physical examinations by the City. Scheduling shall be at discretion of the Department and the results will become part Section 1. an annual electro-cardiogram licensed physician approved by the of the employee's permanent record. Said medical records shall be exempt from public inspection, as provided by Chapter 119, Florida Statutes. The City shall bear the cost of the examination. ~ Any condition Hepatitis, Acquired Immune · Tuberculosis, Meningococcal established to have been occurred in the covered the same as-any other duty injury. ~ Beginning at the age thereafter, bargaining unit members lead EKG and cardiac to be performed at hepatitis "B" 071999 of disability resulting from Deficiency Syndrome (AIDS), Meningitis, or Herpes Simplex I, line of duty shall be of 30 and every other year shall be.provided a twelve stress test to be paid for by the City and a City designated medical facility. A vaccine series shall also be offered by the City to FOP ~/" City~J all bargaining unit members at no cos~ to $_~?2~Q--~ The City shall bear the testing for the Range Instructor[s). Section 5. At the members discretion he/she J AIDS and/or Kepatitis screen at the time of physical. The cost to be paid for by the City. the AIDS tes~ shall remain confidential. the member. costs involving -35- lead may request an his/her annual The results of 071999 FOP City ARTICL~ 23 UNIFORMS -36- Section 1. The City will supply those parts of the uniform that the City requzres police sergeants no wear on duty. The City will supply replacements for the parns of the uniform when appropriate, as determined by the Chief of Police, replacement is and if adequate funds are available in the City's budget. ~ Effective on the da~e of the approval of this Agreemenn, sergeants who are members of the bargaining unit and assigned to plain clothes duty will receive a maximum of' $1,000.00 per contract year, paid in $250 installments at the end of each quarter and pro-rated as appropriate when assigned during each quarter to plain clothes duty. This allowance shall commence from the date of assignment on a pro-rate basis. ~han three (3) in accordance rated thereafter. Section 4. The issued uniform pieces per 071999 FOP Sergeants assigned to plain clothes duty for more months at a time will receive a clothing allowance with the above for the three (3) months and. pro- City will bear the cost of cleaning ten (10) week for the contract year. The City -37- shall designate the only approved dry cleaning establishment. Plain clothes SergeanEs shall be given a cash cleaning supplement reasonably equivalent to that of the uniformed sergeant. 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. Section 5. Sergeants assigned 5o 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 These payments for substitute for the given sergeants and pro-rated thereafter. sergeants assigned to plain.clothes duty will normal cleaning allowance for sergeants. 071999 FOP ARTICLE 24 TRAINING -38- Section 1. Ail Training required of the sergeant by the Police Deparument when off duty shall be compensated at the rate of time and one-half (1 1/2) the employee's regular rate of pay, not including seminars, conferences, schools and special programs. ~ The Police Chief will decide on the Department's ~raining program according to his judgment of the needs and requirements and potential for each member of the Department. 071999 FO City. PERSONNEL RECORDS -39- Section 1. Ail personnel records shall be maintained within the limits of and in accordance with the provisions of the Public Consistent with State law, the City agrees that a member shall have the right to inspec~ his or her Records Law. Section 2. upon request, own personnel records whenever or however kep=. The member shall have the right to make duplica=e copies of his or her own records at no expense to the member.. No record shall be hidden from a member's inspection and members shall have the right to allow anyone of his or her choosing ~o inspec= the personnel records with written authorization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee within the provisions of the Public Records Law. ~ A personnel file for maintained by the all City employees is City Human Resources Department. The City will purge these files of disciplinary actions in accord with the appropriate071999 Florida~Statute. FOP The purging will City ~/- take place -40- when the Human Resources Department notes that it is time for a record to be purged or when an employee, in writing brings the matter to the attention of the Human Resources Director. An employee may request, in writing, that specific items be added to his/her Personnel file. ~ All citizen complaint files and Internal Affairs investigations will be governed by Florida Stame Statutes and the Public Records destruction guidelines. Section 5. Ail bargaining unit members covered by this Agreement muss be notified 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. 071999 City ARTICLE 26 SOLICI' AT ON_ -41- No member shall be forced to attend or participaue in solicitations for monies, membership or sales by any outside group (charities, insurance companies, religious organizations, etc.) while on duty or au roll call. 071999 FOP · City ARTICLE27 SAFETY AND HEALTH Section and Federal laws working conditions, public employees. equipment provided 1. The City agrees that it will conform to all State concerning safety, health, sanitation and when said laws are specifically applicable to at no cost Protective devices, wearing apparel and other necessary to protect employees from .injury shall be and maintained in proper working condition by the City uo the employee. 071999 City -43 - The FOP shall be entitled 5o the use of City facilities to conduct Union business at the same cos~ assessed to other groups. 071999 FOP City -44 - ARTICLE 29 HOURS OF WORE AND OVERTIME Section 1. The normal hours of work for bargaining unit members shall be five (5) days per week at eight (8) hours per day, or four (4) days per week at ten (10).hours per day. Section 2. No work schedule, days off, hours of work, etc., Shall be changed primarily for the purpose of avoiding the pal;menu of overtime. Section 3. No person shall be required to work more than sixteen (16) hours at one (1) time, except in a declared emergency. For the purposes of this section and this agreement, an emergency shall be a natural disaster, (flood, hurricane, etc.) or man-made disaster (riot, mass civil unrest, etc.) or · other incident which directly threatens the health and safety of the citizens of Boynton Beach. Section 4. Any-employee who works in excess of the normal work day or the normal work week shall be entitled to pay, for those hours in excess of the normal work day or the ~ormal work week, at the rate of time and one-half (1 1/2) the employee's regular rate of pay. ~ One Sergeant per shift per day will serve in the ~71999 FOP ~/ City ~ -45 ~ capacity of Administrative Sergean~ and shall be entitled receive 15 minu~es of overtime pay for performance of tasks generic to their position such as organization, shift preparation and review of subordinates work. 071999 FOP ~// Cit~ ~ SHIFT S LECTI' N -46- Section 1. The Chief of Police or his/her designee shall have discretion to determine the number of persons assigned ~o each Shift and division within the Department. the number of slots employees shall choose discretion uo The right uo $_~G~=~Q_~_~_~ The City may designate assigned uo each shift. Thereafter uhe Slots by seniority. The Departmenu shall have Change the junior sergeant for training purposes. select shift shall not apply uo probationary sergeants. ~ For the purposes of shift selection only, au the scheduled shift pick Acting Sergeants with six (6) months or more experience in the position of Acting Sergeanu shall be considered in the pick as Junior Sergeant and shall fall in the shift pick accordingly. 071999 FOP City -47 - S_D_CSLiD_IL_i~ Seniority shall be computed from the date of promotion to sergeanu. If two (2) sergeants have the same date of promotion, uhe date of initial appointment to the service of the City as a police officer shall be the determining factor. ~ Seniority shall accumulate during all authorized leaves. Seniority shall be the determining selection of vacations and ©vertime assignments. $_~OJLiP_P-_4_~ The City shall have the right to determine number of sergeants assigned to each division and each shift. in personnel, example would be: 'if a police abolished, the incumbent with the of a Police Officer, provisional or temporary, require. ~ 071999 FOP factor for the the For lay-offs and other non-disciplinary reductions Senior Classes will displace Junior Classes. An sergeant's position is to be least seniority in the position sergeaq~.~ould displace a Police Detective, who would displace who would displace any probationary or or be separated as the case may City TP~%NSFERS AND SHIFT CHANGES -48 - Section 1, No member shall be transferred nor have his/her shift or schedule changed, including days off, without forty- eight (48) hours notice, except in time of emergency, as elsewhere defined in this Agreement. If a member suffers a transfer or shift change, as defined in this Agreement, without forty-eight (48) hours notice and without the consent of the employee, all time worked on the first newly assigned shift or workday shall be au the overtime rate.. Section 2. Members may request to exchange shifts, that the exchange is approved. Such approval shall Unreasonably withheld. The City shall not overtime to accommodate the exchange. provided not be be obligated to pay 071999 FOP City.~~ -49- Section 1. The City shall pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining unit members at no expense 5o the employee. The policy shall bear a double indemnify provision for death occurrin? in the line of duty. This shall be in addition to any other benefits required by State or Federal law. ~ The City shall pay for one hundred percent (100%) of the cost of individual coverage ina group health insurance policy for members of the bargaining unit. ~ The selection of a carrier or carriers to provide health and dental insurance coverage is a managerial function reserved solely to the City. The City will use its best efforts to maintain health and dental coverage which is substantially equivalent to the coverag~ in effect on the date of ratification of this Agreement. Minor reductions in coverage are permissible and do not constitute a unilateral change of benefits under.this Collective Bargaining Agreement, In the event the total health and dental insurance benefit package is altered in a manner which increases either a bargaining unit members' annual deductible by more than five (5%) percent over the deductible current at time of ratification or an itemized co-payment by more than 25%, 071999 FOP ~' City ~~ -50- the union may reopen negotiations of this Article, by making written request to the City Manager. 071999 FOP ~ City. /~/ ARTICLE34 TUITION REIMBURSEMENT -51- Section 1. The City shall provide an incentive in the form of paid tuition and books for members who choose to attend an accredited college or university. ~ The member shall initially pay and be reimbursed by the City upon presentation of documented completion of ~he course. College and/or University program must be initially approved by the City Manager. ~ Members attaining a grade of "A" or "B" shall be reimbursed for 100% of the cost of a course. Members attaining a grade of "C" shall be reimbursed for 50% of the cost Qf a course. In the event that a course is a mandatory pass/fail course, a grade of passing shall be treated as a satisfactory grade and will be reimbursed 'for 100% of the cost of the course. Employees shall receive no compensation for grades below a "C". ~ Courses must lead to a degree in the fields of law enforcement, criminal justice, public administration, or any other similar police profession discipline that may, in the opinion and with the approval of the City Manager enhance the 071999 FOP ~' City~ -52- member's performance as a law enforcement officer. 071999 FOP City ARTICLE 35 DEPARTMENTAL POLICIES. RULES AND REGULATIONS -53 - Section 1. It is agreed and understood that the Police Department currently has policies, rules and regulations governing employment. The formulation, amendment, revision and implementation of any rule shall nou be arbitrary or capricious. In the event of a conflict between the rules and specific provisions of this Agreement, the Agreement shall control. ~ In the event the City wishes to amend, revise or implement any new rule, it shall give ten (10) days notice uo the Union. 071999 FOP ~'/ City~/ SPECIAL DETAILS -54- Section 1. Off-duty police employment shall be defined as any police-related duty that is performed or administered by a sworn employee which is paid for by a private entity, through the City of Boyn~on Beach. Section 2. When City facilities are used by other agencies or persons, any desired security arrangements shall be at the option of the user. If the user and/or the City determines that Certified police officers are to be required at any public event, ~nly Boynton Beach Police Department personnel shall be used. 071999 City -55- ARTICLE37 GRIEVANCE AND ARBITRATION PROCEDURES Section 1. A grievance is defined as a dispute involving the interpretation or application of the Collective Bargaining Agreement. Section 2. A dispute over disciplinary action is not a grievance, but shall be referred to as an appeal of disciplinary action. The process for handling appeals of disciplinary action are set forth in this Article._ Section 3. The parties are committed to resolving grievances in a timely fashion. Accordingly, any grievance not 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 3anuary 1~, the Police Chief must respond by January 21st, 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 3ra to request appointment of an arbitrator. If the Police Chief fails to respond by January 21st, the Grievant has ten (10) days from 3anuary 21st to request appointment of an arbitrator. Section '~. A grievance-must be filed within ten (10) days of the first occurrence of the event which give rise lb the dispute. Grievances shall be presented in the following manner: 071999 Step 1. A grievance must be filed on a form approved by the City ...within ten (10) calendar days as set forth in Sect[on 4 above. The grievance must make specific reference to the Article and Section of the Agreement in dispute, set forth detailed facts explaining how the Article and Section has been misapplied by the City, and state the relief sought by the grievant. The grievance form shall be filed with the gdevant's immediate supervisor. In the case of a class grievance filed by the Union, the grievance ferrn shall be filed with the Police Chief. -56- Steo 2. The immediate supervisor shall review the grievance and make a written recommendation for disposition of the grievance to the Police Chief within five I5) days of receipt of the grievance. Steo 3. 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. Step 4. 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 to 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 pedod for the Chief's disposition in the event the Chief does not render a decision_. SteD 5. 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 Bargaining Unit to submit to questioning as part of his review of the grievance. Step 6. In the event the employee is not satisfied of the disposition of the grievance by the City Manager, or if there is no disposition by the City Manager in a timely fashion, the grievant may request appointment of. an arbitrator. The gfievant's request for the appointment of an arbitrator must be made within ten (10) days of the date of the City Manager's disposition 9f the grievance, or the expiraUon of the time period for the City Manager's disposition in the event the City Manager does not render a decision. Steo7. The grievants request shall commence with a written ree/dest the Federal Mediation and Conciliation Service to submit a list of names of fNe (5) 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 in this Agreement._ 071999 City -57- ARBTTRATZON Section 1. When an 'arbitrator has been selected by the parties, the City shall have ten (10) days from rece] pt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the City, the issue of arbitrabitity shall be determined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration headng on the grievance 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 event 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. Section 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. Section 4. The arbitrator's decision shall be confined to the statement of the grievance set forth in the written grievance form together with any defenses raised by the City at any step of 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 derision within thirty (30) days of the close of the arbitration hearing or submission of post hearing briefs, whichever occurs last. DISC[PI.[NARY APPEALS Section 1. Discipline is classified as either major or minor as follows: MA]OR: 071999 Termination Demotion City Suspension without pay-more than two (2) days No employee shall be subject to major discipline without first being afforded a pre-determination conference with the City Manager or his/her designee. No pre- determination conference shall be conducted with less than ten (10) calendar days .notice to the employee. MINOR Written reprimand Suspension without pay - two (2) days or less Section 2. Appeals of disciplinary action shall be handled as follows: A. Major discipline may be appealed to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in this Article. The request !for appointment of an arbitrator must be made in writing within ten (10) calendar days iof notice of disciplinary action. B. 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. C. Written reprimands may not be appealed but the employee may submit a written response to a written reprimand provided the response is submitted ~within ten (:LO) 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. D. .Suspensions without pay of two (2) days or less may be appealed to the Human Resource I~anager whose decision shall be final. An appeal shall be filed iin writing within ten (10) days of notice of the suspension without pay. The Human i Resource Manager shall conduct an investigation of the discipline and render a decision iwithin twenty (20) days of the appeal. The Human Resource Manager's decision may i be to either sustain, reverse, or modify the discipline. In no event shall the Human I Resource Manager's decision increase the discipline to more than a suspension without i pay of three days. The Human Resource Manager make conduct interviews with the i grievant, departmental staff, or members of the bargaining unit as part of his/her i investigation of the discipline_. 071999 FOP/~ City ARTICLE 38 PAST PRACTICES All employmenu practlces listed below shall A. Lockers. B. Locker room shower, gym. C. Shoes every six (6) months. D. Provide weapons, equipmenu, F. G. H. I. J. remain in effect: 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. Three (3) complete uniforms per year, as needed. 071999 City ARTICLE 39 ENTIRE AGR~-EMENT -60- The parties agree that this Agreement constitutes the full and complete understanding of tke parties. This Agreement cannot be changed or altered unless it is by mutual consent by both Parties, in writing, 071999 City ARTIf~_~ p~W~ONAL VEHICLES -61- $_~ 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. ~ For the purpose of this ~_rticle, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and seminars. 071999 FOP City~-/ -62 - ARTICLE 41 Section 1. accordance Manual. Ail promotions shall be probationary for a one period from date of promotion/appointment. board as a consist of officers of Ail testing for promotional positions shall be in with the City of Bolrnton Beach Personnel Policy (1) year Should the Deparmment determine to utilize an oral component of the testing procedure, said board shall at least three (3) persons, who are law enforcement equal or greater rank from jurisdictions other than the City of Boynton Beach. ~ Ail decisions and scoring made at the conclusion of the interviews during that meeting of the Oral Board. ~ If possible, a eligible for promotion times while the board by the board shall be and must be arrived at Union representative who is not shall be present as an observer at all is seated and shall charge this time to the Union Time Pool if on duty. ~ Whenever possible no numerical score shall be known by any person until the completion of the entire 071999 FO~ City ~ promotional testing process. ~es~ is a necessary element -63- Where passage of a component of the of advancement to the hex5 component of ~he test, employees and assessing personnel shall be notified only that an employee is eligible or not eligible to advance in the promotional process whenever possible. ~ Members passed over for promotion to the City under the "Rule Manager whose of Five " may reapply for review decision shall be final. Section 7. After the bargaining unit (3) times, the the promotional member is passed over three bargaining unit member shall then be removed from list. 071999 FOP City ARTICLE 42 TEMPORARY ASSIGNMENT -64- Section 1. Sergeants acting in the capacity of Watch Gommander shall be paid five percent (5%) above the sergeant's regular rate of pay. Section 2. The provisions of this Article shall not apply to other than regular road patrol duties, persons performing including details. 071999 FOP ~- City. ARTICLE43 SAVIN' LA ~ -65- Section 1. If any Article or section of this Agreement should be determined by a court of competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or judicial decision, all other Articles and sections of this Agreement shall remain in full force and effect with it being presumed uo be the intent of the parties that the invalid language be stricken. ~ In the event of such a determination, shall meet within thirty a substitute provision. Section 3. All new hires, promotions and appointments will have a one (1). year probationary term. the par5les (30) days for the purpose of negotiating 071999 F City ARTICLE 44 CHEMI =~ TESTIN~ -66- Sect~ The City agrees to use Sta5e Certified Laborties for all drug testing. Drug and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retesting shall be as set forth in Florida Administrative Code, Florida Statutes and the Drug Free Workplace policy adopted by the City of Boynton Beach. DURATION OF AGREEMENT ~ This agreement shall be effective October 1, 1998 and shall continue in full force and effect up through and including September 30, 2000. 071999 FOP // City Agreed to this ~ day of ~'~. and between the respective parties through representatives of the Union and the City. the -67- 19.~ , by authorized POLICE SERGEANTS FRATERNAL ORDER OF POLICE BY:~enuative Witn'e~s Wit~ess 'witness /- CITY OF BOYNTON BEACH £ ///2 -- ,,,,,,,,,,,,,,,,,,,, BY: M~yor ' ~....~'~0~4%~.~% ATTEST: Ci~ Clerk 071999 -68- Ratified By City Commission Date Ratified by Union Members D~te 071999 FOP City