R98-101RESOLUTION R98-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE
POLICE BENEVOLENT ASSOCIATION FOR THE
PERIOD OF OCTOBER 1, 1997 THROUGH
SEPTEMBER 30, 1998, AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE LETTER OF AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and the Police Benevolent
~sociation (PBA) have successfully concluded negotiations for a one year
contract; and
WHEREAS, the Agreement was ratified by the Bargaining Unit of the
Union; and
WHEREAS, the City Commission of the City of Boynton Beach deems it
to be in the best interests of the residents and citizens of the City to ratify the
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 Agreement between the City of Boynton Beach and the
Police Benevolent Association (PBA) for the period of October 1, 1997 through
September 30, 1998, and authorizing and directing the Mayor and City Clerk to
execute the 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 May, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
Pro Tem
Comn~'~ioner
Commissioner
1997/98 AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH. FLORIDA
AND
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
04/30/98
Union
TABLE OF CONTENTS
Arti cl e
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Preamble ...................................... 1
Recognition ................................... 2
Non-Discrimination ............................. 3
Dues Deduction ................................ 4
Union Business ................................ 5
Bulletin Board ................................ 6
Testing ....................................... 7
Vacancies ..................................... 8
Management Rights ............................. 9
Advisory Committee ............................ 11
Hours of Work ........................' .........12
Wages ......................................... 13
Seniority ..................................... 16
Work Week/Overtime Compensation/Call Back ..... 20
Uniforms ...................................... 25
Medical Expenses .............................. 27
Group Insurance ............................... 29
Leaves ........................................ 30
Holidays ...................................... 35
Funeral Expenses .............................. 37
Equipment Maintenance & Safety ................ 38
Training ...................................... 39
Career Path Program ........................... 41
Personnel Records ............................. 43
Legal Action .................................. 45
Awards and Commendations ...................... 46
Grievance Procedure ........................... 47
Rights of Law Enf. Officers Under Investigation 51
Discipline and Discharge ...................... 52
Past Practices .....................: ..........53
Personal Vehicles ............................. 54
Department Policies, Rules & Regulations ...... 55
Maternity Leave ............................... 56
Complete Agreement & Waiver Clause ............ 57
Severability .................................. 58
Uni on
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37
Maintenance of Contract ....................... 59
Duration ...................................... 60
Signature Page ................................ 61
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ARTICLE 1
PREAMBLE
This Agreement is entered into by the City of Boynton Beach, Florida,
hereinafter referred to as the "City" and ?alto Beach County Police Benevolent
Association, located in West Palm Beach, Florida, he~reinafter referred to as
the "Union", for the purpose of promoting harmonious relations between the
City and the Union, to establish an orderly and peaceful procedure, to settle
differences which might arise and to set forth the basic, complete and full
agreement between the parties concerning salaries and all other conditions of
employment.
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iARTICLE 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
employment 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 will mean any member in the bargaining unit.
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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.
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ARTICLE 4
DUES DEDUCTION
lpon receipt of a form provided by the Union and approved by the City which
as been voluntarily executed by a City employee who is a member of the
,argaining unit. the City will deduct from the pay due the employee, those
lues and uni form assessments required to retain Unio'n membership as certified
¥ the Union. The total amount of deductions shall be remitted each month by
~he City to the Treasurer of the Union. This authorization shall remain in
;ull force and effect during the term of this Agreement or for thirty (30)
Iays after notification of the revocation of the authorization to deduct by
he employee.
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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 attend functions of the Union
and shall be provided such leave with pay, without having such leave charged
against their normal leave.
Section 2. The City will permit accredited representatives of the Union to
have reasonable access, with the approval of the Police Chief, to the Police
Department training room during the hours of 8:00 A.M. to 10:00 P.M. to
conduct Union business. All normal fees for the use of this room or any other
City bui 1 di ng wi 11 be paid by the Union.
Section 3. Within the limits of appropriate statutes the City will provide
the Union, on a semi-annual basis, a complete roster of the bargaining unit
members, including name,
Social Security number.
rank, date of birth, address, telephone number,
present assignment and current pay scale, after
receiving authori zati on from the i ndi vidual member.
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ARTICLE 6
BULLETIN BOARD
The City will provide bulletin board space: one in the Line Up Room and one ~n
the Detective Division 1=or the exclusive use o1= the Union, for posting
bulletins, notices and other union materqal. A notice or item placed on the
bulletin board shall bear, on ~ts 1=ace, the legible 'designation ol= the person
responsible 1=or placing o1= th~s notqce or ~tem on the bulletin board.
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ARTICLE 7
TESTING
Section 1. Testing or promotional examinations and testing procedures will be
in accordance wi th the Civil Service Rules and Regulations of the City of
Boynton Beach, Florida.
Section 2. Officers passed over for promotion through the use of the "Rule of
3" provided for in the Civil Service Rules and Regulations will be given a
written explanation at the officer's request as to why they were passed over.
Said explanation shall not be grievable unless the reason is arbitrary and
capri ci ous.
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ARTICLE 8
VACANCIES
Budgeted promotional vacancies occurring in any position within the certified
bargaining unit wilt be filled in accordance with the Civil Service Rules and
Regulations. Any such vacancy shall be offered within thirty (30) days of the
establishment of the appropriate eligibility list pr6vided funds are available
~o fill said position as determined by the City Manager's office.
Union
ARTICLE 9
MANAGEMENT RIGHTS
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Section 1. The Union recognizes that the City has the exclusive right to
manage and direct the Police Department.
Specifically, but not by way of
-limitation, the City retains the exclusive right to'
Hire, promote, and lay off employees in accordance with the City
of Boynton Beach Civil Service Rules and Regulations.
B. 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.
E. Assign and reassign employees.
F. 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
speci fi c provisions of this Agreement.
Introduce new services, procedures, materials, facilities and
equipment.
Mandate physical, medical, and drug testing in accordance wi th
law. The City agrees to use State Certified Laboratories for all
drug testing.
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J. Determine and change the equipment and materials provided to or
not provided to employees.
K. Add to or change the qualifications necessary for any job
cl assi fi cati on.
L. Create, alter or disband any Departmental unit or transfer members
based upon the needs of the department as determined by the Chief.
f the City fails to exercise any one or more of the'above functions from time
:o time it shall not be deemed a waiver of the City's right to exercise any or
ill of such functions. Any right or privilege of the City not specifically
'elinquished by the City in this Agreement shall remain with the City.
iection 2. In the event of any change over which the City may have an
)bligation to bargain concerning an impact of the change, the change may be
mplemented prior to resolution of the impact bargaining.
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ARTICLE 10
ADVISORY COMMI1-FEE
Section 1. By mutual agreement between the City and the Union, they may
establish a joint committee. The Union membership shall consist of persons
from within the position classification covered by this Agreement, and members
designated by the Chief of Police shall consist of persons within the
Department, but outside the bargaining unit,
Section 2. This committee may meet as needed by mutual consent, and meetings
and 5:00 P.M., Monday through
If a meeting is held during
may be held between the hours of 8:00 A.M.
Friday or at another mutually agreeable time,
working hours of an employee participant, said participant may be excused
without loss of pay for that purpose. Attendance for a meeting outside of
regular working hours shall not be deemed as time worked and participants will
not receive additional pay or leave benefits.
Section .2. Attendance by other than members of the Union and City
Administrative Officers will be by agreement of a majority of the members of
the Committee and shall first receive the approval of the Chief of Police.
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Secti on 1.
(10) hours per day.
or four
Secti on 2.
ARTICLE 11
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HOURS OF
A work day is defined as either eight (8) hours per day or ten
8 hour work days,
A work week is defined as either five
10 hour work days.
No member of the Bargaining Unit shall 13e required or allowed to
work more than sixteen (16) continuous hours except during a declared
emergency or during an ongoing immediate investigation. Members of the
argaining Unit acknowledge that they have an obligation to come to work
hysically and mentally prepared to efficiently and effectively carry out
heir responsibilities. No member of the bargaining unit shall be scheduled
either by the department or through shift swaps, details, or over-time, to
lork more than 16 hours of duty in a 24 hour period, except during emergencies
r where overtime is required to complete an on duty assignment, i.e. late.
lrrest. For the purpose of this section, duty means regular assigned duties
nd detail assignments, not to include court, depositions, filings, and
limi lar judicial responsibilities.
ection 3. Members acknowledge that they have the obligation to come to work
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fit for duty.
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ARTICLE 12
WAGES
Section1.
Covered employees shall be eligible for a six percent (6%) increase in salary
(on the employee's anniversary date). Said increase shall be retroactive to
the employee's anniversary date which falls after October 1, 1997 as long as
the employee has received a satisfactory rating, or above, on their
performance eval uati on.
Section 2. Special Assignments
A. Traffic Divi sion: 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: Those members who are assigned to vice shall be
compensated ad additional 5% for hazardous duty during said assignment.
C. Investigators: Those members who are assigned to the position of
investigator shall be compensated an additional 2% during said assignment.
D. SRT (Special Response Team)' Those members who have successfully
completed testing and are selected as a member of the Police Department SRT
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Team, shall be compensated an additional 10% for hazardous duty when said Team
i s actually call ed 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 al lowed one (1) hour of duty time per work day to tend to
t-9 care, equipment maintenance and vehicle cleaning. Members on vacation will
e credited one hour per day for K-9 care, equipment maintenance and vehicle
1 eaning.
F. Officers assigned as Fi eld Training Officers and who have
tompleted successfully the required 40-hour training shall receive an
dditional 5% while assigned to this duty with a maximum of six (6) week
ssignment for any Field Training unless at the end of the fifth week the
'raining Officer's supervisor provides a report through the Chief to the.
lersonnel Director that an extension beyond six (6) weeks of training is
'equired and that the extension is not a result of the Training Officer's lack
)f effort or ability to complete the field training effort. With such report
:he six weeks of an additional 5% will be extended in two (2) week increments.
G. Detectives shall be compensated an additional 2% incentive pay.
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ARTICLE 13
Section 1. The City agrees
SENIORITY
that seniority
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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 any other authorized leave of absence.
Section 2. The City agrees that seniority shall govern the following matters:
Temporary vacancies shall be defined as occurring when the superior officer on
duty determines that a position needs to be filled. Such vacancies arising
during a particular tour or shift shall be filled according to the following
procedure:
Step 1. The permanently assigned members of the platoon who are
regularly scheduled to work and who are on duty prior to the 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 to work on
the day the shift or tour experiences the vacancy will be offered the
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position, by seniority.
Step 3. If the vacancy remains, the permanently assigned members of
the platoon who are scheduled to work the shift or tour following the
shift or tour experiencing the vacancy, will be offered the position, by
If the vacancy remains, the permanently assigned members of
the off-duty shift or tour (3rd shift) will be offered the position, by
seniority.
Step 5. All others not covered in Steps 1, 2, 3 and 4 will be
offered the position, by seniority.
Step 6. In the event that the vacancy remains after completing Steps
1 through 5, all sergeants will be offered the position prior to Step 7
being utilized.
Step 7.
a. In the event that the vacancy remains, and it becomes necessary to
order ir~ividuals to work, the selection shall be by seniority in
reverse order, begin at Step 4 and through Step 1.
b. An officer must accept and be able to work the full eight hours in
accordance with the limitations elsewhere, this does not preclude
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seniority.
Step 4.
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the officer from having another officer fill any portion of the
shift, including the beginning of the shift. The officer is
ultimately responsible and obligated to be prepared for duty at
the commencement of the shift, if he is unable to fill that
obligation wi th another officero
Layoffs will follow the procedures in the Civil Service Rules and
Regul ati OhS,
In the event of a vacancy on a platoon, seniority will prevail in
the offering of the position, at shift pi ck. Officers will be
allowed to pick a shift and days off by seniority at shift
change. The department and bargaining unit may mutually agree on
alternative schedules. Schedules that may impact any of the
conditions of this contract will be mutually agreed upon prior to
i mpl ementati on.
In the event of a vacancy in any division or unit, seniority will
prevail, after consideration of job related qualifications. Job
related qualifications wi ll be determined by the Chief of Pol ice
and will include, but not be limited to, specialized training, job
performance, attendance, evaluations., and the results of an oral
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review board. All such vacancies will be posted as soon as
possible and job related qualifications will be listed when
posted. The duration of all special, bureau, divisional or unit
assignments are temporary and the length or duration will be
determined by the Chief of Police.
Any special event (Holiday Parade, GALA~ July 4th, or any other
event) shall be offered through a rotating list of Police Officers
based upon department seniority. This section does not apply to
special details.
In the event of a declared emergency alternate shifts or work
schedules may be adopted by the Chief of Police as needed.
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ARTICLE 14
WORK WEEK - OVERTIME COMPENSATION
Section 1. Overtime
It is hereby agreed that no employee should be required to remain on duty for
a work period of more than five (5) eight (8) hour shifts or four (4) ten (10)
hour shifts unless extra hours of duty are deemed necessary by the Chief ol=
Police or his designated representative in which case compensation should be
at the rate of one and one-half (1.5) times the regular hourly salary.
Overtime will be computed on the basis of hours worked over ten (10) hours for
a ten (10) hour shift or over eight (8) hours for an eight (8) hour shift.
All compensation under this Article shall be in monies at a time and one-half
rate of regular pay.
Whether the shift to which an employee is assigned is a ten (t0) hour shift or.
an eight (8) hour shift is up to the discretion of the Chief of Police.
Employees who ,are in a duty status seven (7) or fewer minutes either prior to
or after their shift will not be eligible 1=or overtime pay. Employees who are
in a duty status eight (8) or more minutes either prior to or after their
shift must be so only with the Supervisor's approval in order to be eligible
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Overtime pay will be at time and one-half (1 1/2) times
for overtime pay.
regul ar pay.
. Compensatory Time:
For the contract year 1994-97, members of the Bargaining Unit shall have the
lption of accumulating a maximum of forty (40) hours of compensatory time at
ime and one-half. In the event said members are reassigned outside either of
tated position, or are promoted outside the bargaining unit, the balance of
ll compensatory time will be paid. Compensatory time earned and accumulated
hall be paid off totally in September of the fiscal year if not utilized by
,he end of the month of August. Compensatory time accumulated will be taken
d thin the scheduling needs of the Department.
iection 2. Special Detail Assignment
ill Bargaining Unit Members assigned to cover special details may report
tirectly to their assignment without prior checking in or out at the police
;tation, but must advise a supervisor personally or by radio. The officer
~ssigned to special detail shall comply with all current department policies
and procedures in effect.
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Section 3. Call Back
Call back is defined as any time an officer is called into work when he/she is
off duty, or when the work time is not contiguous with his/her assigned shift.
In the event of call back the employee shall be compensated for the actual
time worked, but not less than three (3) hours at the rate of one and one-half
(1 1/2) times his basic hourly rate 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 at his/her supervisory's
discretion the officer may be required to work the entire three hours or
longer. When an officer is cal led for cal 1-bacl~, the supervisor wil 1 indicate
as to whether or not they should arrive in uniform or in plain-clothes, if the
option is available.
Section 4. Court Time
A. Court time will be paid at time and one-half when the officer is
not on his regular assignment. An officer on court time will be
coml~ensated a minimum of three (3) hours at time and one-half.
B. An employee who has been instructed to remain on standby for court
appearances during the employee's off-duty hours shall be paid
one-half the straight time hourly rate for each hour on standby up
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to a maximum of eight (8) hours of standby duty in any one day. A
minimum payment of one (1) hour straight time shall be paid for
all standby assignments. When an employee is required to stand by
for eight (8) hours, the employee shall receive four (4) hours
plus one (1) additional hour at straight time. If an officer does
go to court he will be paid for the 'court time indicated in
Section A and not receive standby time pay.
C. Bargaining unit members may report directly to court without prior
check in at the police station. Members are still required to
document their attendance at the court house and submit
documentation to the Department.
Section 5. On-Call
Any bargaining unit member who is on an "on-call" (on-pager) basis other than
court time as outlined in Article 14, Section 4 shall receive compensation of
one hour of pay at time and one-half for each day (24 hour period) on call. No
member will be placed "on-call" without the approval of a division commander,
Bureau commander, or designated representative.
Section 6, Overtime Pay
Overtime pay, when so granted, will normally be contained in the member's next
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regul ar pay check fol lowing the time worked.
Section 7. Schedule
The City will establish the hours of work best suited to meet the needs of the
Department, but agrees that work schedules will not be changed or altered
intentionally to avoid the payment of overtime, except with l~orty-eight (48)
hours notice. The City recognizes that unusual circumstances may require that
a member request a change of their schedule shift without obligating the City
to pay over-time, and therefore a member may work for or change shifts, not
limited to one shift with another member performing similar duties. No
reasonable request, when work assignments are not affected, will be denied.
No member will accept a shift change scheduling the officer to work more than
sixteen continuous hours or as limited elsewhere. Shift change requests may
be completed anytime prior to the actual start or beginning of the shift. No
more than two (2) members may fill a single position during any' one shift.
except during extingent circumstances and with prior approval of the Watch
Commander.
Section 8. Shift Changes Employer
An officer will be given adequate advance notice as determined by the Chief of
any change in his/her regular hours of work except when an emergency exists.
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Notice given less than forty-eight (48) hours before any changed schedule
(assignment days or days off) is to take effect, entitles the officer to
r~ceive compensation at the rate of one and one-half
/
regular salary for the first day of his/hour tour of duty.
I
S~ction 9,
T
(1.5) times his/her
he City agrees that any member required to be ou~ of Palm Beach Court to
ttend court, seminars, or for any other reason as a result of his/her duties
s a police officer, except if the officer is exclusively the plaintiff in a
ersonal civil action, will be paid his/her regular rate of pay for each day
r partial day required for said purposes. There will be no regular or
vertime compensation.
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ARTICLE 15
UNIFORMS
Section 1. The City will provide up to three (3) full uniforms per year and
shoes every six (6) months on an as-need basis. The City will supply
replacements for the parts of the uniform when replacement is appropriate, as
determined by the Chief, and if adequate funds are available in the City
Budget.
Section 2. The Detectives who are members of the bargaining unit and assigned
to plain clothes duty will receive a total of $600.00 a fiscal year. paid in
$150 installments 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 Uni formed
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 un~form took place. This
allowance shall commence from the date of assignment on a pro-rated basis.
Uniformed Officers assigned to plain clothes duty for more than three (3)
months at a time will receive clothing allowance in accordance with the above
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for the three (3) months and pro-rated thereafter.
Section 8. 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)
:onths at a time will, for that three months period, be given a cash cleaning
upplement equivalent to that given the uniform officer and pro-rated
hereafter. These payments for uniform officer assigned to plain clothes duty
,il 1 substitute for the normal cleaning al 1 owance for uni form officers.
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ARTICLE 16
MEDICAL EXPENSES
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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. If City selected doctor is used scheduling will be
at the discretion of the Department, and the results will become part of the
employee's record. The City will pay the cost of this examination.
Section 2. A member may elect his/her own private physician if approved by
the City and the City is only obligated to pay a portion of the fee, not to
exceed $100, upon proper receipt. The member shall be responsible for
scheduling the appointment and forwarding the results to the City to be
included in the employee's personnel records.
Section 3. When recommended by a physician the City will pay for a Stress
Test no more than once every three (2) years with no more than a third of the
bargaining unit being compensated for such a test in any one year. Should the
member choose his own physician, the City shall pay that amount they weuld
have paid had the member gone to the City's doctor.
Section 4, The City shall provide an ~mmunization schedule during the life of
this Agreement for any member who wants to be immunized for Hepatitis Type
04/30/98 ~ City ~ Union
B. It is incumbent upon the bargaining unit member to notify the
should they desire said immunization.
by qualified personnel
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Department
Said i mmuni zati on shal 1 be admi ni stered
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ARTICLE 17
GROUP INSURANCE
Section 1. 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 reduced. All policies shall be reviewed annually.
Section 2. Life Insurance
Members of the bargaining unit shall be covered by $25,000 of group life
insurance with the premium paid by the City.
Section 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.
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Secti on 1.
Annual Leave - Vacation
ARTICLE 18
LEAVES
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a. Personnel in the bargaining unit will be covered by City of Boynton
Beach Civil Service Rules and Regulations for all issues relative to
annual leave. New employees hired after J~nuary l, t992 shall be
subject to the revised annual leave schedule.
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
to the date or dates requested. Vacations of two days or less may be
made with twenty-four (24) hours advance notice or less. All other
requests submitted under 30 days shall be on a first come first serve
basis regardless of seniority.
Request for emergency vacation leave will be considered individually by
the Chief.
Section 2. Sick Leave
a. Employees will earn ninety-six (96) hours of sick leave per year at the
rate of eight (8) hours per month.
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The use of sick leave will be in
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accord wi th the Civil Servi.ce Rules and Regulations and Police
Rules and Regulations, as applicable. New employees hire~,.¥?";
Department
after Oanuary Z. Z992 shall be subject to the revised sick leave
schedule.
Employees who have more than one hundred twenty (120) hours of sick
leave as of September Z, of the current contract year, may convert 50~
of the excess over one hundred twenty (Z20) hours to a cash straight
time payment not to exceed one hundred (ZOO) hours in this fiscal year.
Those hours over one hundred twenty (Z20) 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.
Sharing Sick Leave
1. 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 extraordi nary circumstances requi re the
designated employee to be absent from work for a lengthy period of
time, and when the employee has exhausted all accrued sick leave
City Uni on
Personnel Action Form, to the Personnel Office for proper charge
to sick leave records, Time used wi-ll be used in order listed on
appropriate form supplied by the Union Steward.
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 under Civil Service
Rule ×I, Section 4, Paragraph E 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
City ~ Uni on
confirm through the Finance Department that
available and submit the list, accompanied
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and vacation leave to the number of vacation hours that said
employee would accrue in one year.
Extraordinary circumstances shall be defined as lengthy
hospitalization, critical illness, or injury.
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,
the hours are
by appropriate
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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 (10) working days after the six month period, the unit member
wil 1 be removed from restricted sick leave.
f. At the employee's option, the employee may convert excess sick leave
time as defined in accordance with this section to vacation time not to
exceed forty (40) hours, to be transacted in the first month of the
calendar year.
g. Officers who call in sick will not be offered or allowed overtime for
the shift following the shift in which they report sick, except during
an emergency.
Section 3. Personal Time
a, A total of twenty-four (24) hours for personal time per year will be
allowed ~n increments of one-half shift at a time or a full shi. ft, not
back-to-back. Personal time will not be accumulated from year to year
and in no way shOuld be a basis of termination pay. No request for
personal leave will be denied without a reasonable justification.
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)
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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,
~oster parents, brother, sister-, husband, wife, son, daughter, grandparents,
randchildren, mother-in-law, father-in-law, sister:in-law or brother-in-taw
if a permanent or probationary employee, grandparents of spouse and any
ermanent family member of the household, such employee shall be entitled to
paid compassionate leave not to exceed three (3) consecutive calendar days for
iny 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
n order to be eligible for this article. The City Manager may grant
idditional leave under this section, except that such additional leave shall
)e debited against the employee's accrued sick or annual leave.
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ARTICLE 19
HOLIDAYS
Section 1. Holidays will be in accordance wi th the Civil Service Rules and
Regulations as of July, i985.
Section 2. Holiday pay will be at 1.5 times regular pay for all members of
the bargaining unit whether or not the holiday is worked.
Section 3. Holiday Conversion
a. Under this Section 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, (i.e. 110 hours for 4/10 employees and 88 hours for 5/8
employees).
b. Members who sign up for this section must do so between October 1st and
October 31st of each contract year with the Secretary of the Department.
c. Members exercising this option for conversion will be paid only straigl~t
time for the hours worked or the holiday.
d. Members exercising this option may use a vacation day (8 hours) instead
of working the holiday. The vacation hours will be paid at straight
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ti me.
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Members not assigned to work on the holiday will receive their normal
weekly pay.
Members leaving the service who participated will owe the City for those
holidays they were not on the payroll either through loss of vacation
credits or deduction from funds due from the City,
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ARTICLE 20
FUNERAL EXPENSES
Section 1. The City will make a payment of up to $5,000 to the beneficiary of
bargai ni ng uni t employees ki 11 ed i n the 1 i ne of duty.
Section 2. All employees shall, on a form to be supplied by the Chief of
Police or his authorized representative, designate by name and address, the
individual to whom such funds are to be paid.
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ARTICLE 21
EQUIPMENT MAINTENANCE & SAFETY
The City, as a management responsibility, will maintain vehicles and equipment
in a safe condition and in accordance with law or ordinances.
The Union Members accept the responsibility for checking vehicles prior to use
a~d for completing City providing forms for any defedts which is discovered or
any operating matter that needs attention.
Concerns about unsafe condition will be brought to the attention of the
immediate Supervisor who will make a judgment concerning the need for
immediate repair prior to use. If the Bargaining Unit Member does not agree
with the immediate Supervisor he/she may ask that the next level of
supervision review his/her concern, and that Supervisor will be the final
ludge on the safety of the equipment and the appropriate action to take at
hat time. Subsequent review of the actions of the bargaining unit member.
or the supervisor, will be made by the Chief the next normal work day.
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ARTICLE 22
TRAINING
Secti on t.
All training required of the officer by the ?olice 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.
Section 2. Weapons Training
The Chief will decide on the training program based on his judgment 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 el igibl e for employment as 1 aw enforcement officers.
Section 3. College Tui tion 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
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at the below schedule upon
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completion of the semester.
"A" equals 100% of tuition and books
"B" equals 100% of tuition and books
"C" equals 50% of tuition and books
College and/or university program must be initially approved by the City
Manager and must be a part of a program leading to an acceptable
Associate, 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 shall pay tuition and books reimbursement even if a course is
not part of a program leading to a degree providing that the course is
job related and approved by the City Manager prior to registration of
said course.
Secti on 4.
The City shall provide reimbursement for authorized expenses associated with
training and special schools attended by the officer through approval of the
Department.
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ARTICLE 23
CAREER PATH PROGRAM
The purpose of this program is to establish guidelines for a Career Path
Program l~or police officers below the rank of Detective/Sergeant.
The Career Path Program is designed to accomplish a three-l=old purpose
and is voluntary in nature:
A. Recognize and reward the officer through his/her training and
educational achievements.
B. Provide a career development path for the Rank ol= Police 01~ficer.
C. Promote long term dedicated employees by offering incentives.
alternatives and guidelines.
The Police 01q~icer Skill ~Levels III, II, and I shall be as follows:
A. Ski 11 Level Three (I I I)
(1) Time in grade: new 'employee to l~ive years continuous service.
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Skill Level Two (II)
(1) Time in grade:
(2)
5 - 10 years continuous service.
(3)
Education Requirement (job related)' 160 hours -Career
Incentives or Training Courses.
Average or above average performance evaluation for the past
~<~) City ~,~ Union
(1)
(2)
Training Courses.
(3)
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two (2) years.
(4) Incentive pay increase - 2%
Skill Level One (I)
Time in grade: 10 plus years continuous service
Educational Requirement: 400 hours
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Career Incentives or
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 wi'll career path pay increases received
under this program be considered in establishing their new rate of pay.
City Uni on
ARTICLE 24
PERSONNEL RECORDS
Effective 9/30/89
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Section 1. Within the limits of and in accordance with the provisions of the
Public Records Law, all personnel records shall be kept confidential and not
released to any person except authorized City officials or in response to a
subpoena, unless the City receives a written authorization from the member in
regard to the personnel records.
Section 2. Consistent with State law, the City agrees that upon request, a
member shall have the right to inspect 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 at 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
authori zati on.
used to evaluate,
employee.
Secti on 3.
04/30/98
choosing to inspect the personnel records with written
Members shall have the right to inspect any and all records
promote or in any other manner, classify or direct an
A personnel file for all City employees is maintained by the City
' ~~~_~ City ~ Union
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Personnel Department. The City wi ll purge these files of disciplinary actions
in accord with
place when the
purged or when
the appropriate Florida State Statute. The purging will take
Personnel Department notes that it is time for a record to be
an employee~ in writing brings the matter to the attention of
the Personnel Director. An employee may request, in writing, that specific
items be kept in his/her Personnel file.
Section 4. The City maintains an internal affairs file. The material in
The file is not in the officer's personnel file. This file will be maintained
in accordance with Fl. State Statutes.
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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 alleged damages were allegedly caused by the
actions of said member while acting within the scope of his/her authority and
within the course of his employment.
Section 2. The City will indemnify all members against judgments for
compensatory damages entered against them as a result of their actions to the
extent that the City is found liable for such actions.
Section 3. The City will select the Attorney who is to defend the employee
rel ati ve to this Arti cl e.
Section 4. The employee will be responsible for filing any counterclaims at
hi s/her expense.
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ARTICLE 26
AWARDS AND COMMENDATIONS
The City, through the leadership of the Chief of Police, will provide a formal
s[ystem for awards of various degrees of service -- from saving lives to awards
for countesy. These awards will be in the form of medals, campaign ribbons,
letters of commendation or cash bonus.
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ARTICLE 27
GRIEVANCE PROCEDURE
In a mutual effort to provide harmonious relations between the parties to this
Agreement, it is agreed to and understood by both parties that there shall be
a procedure in this Department for the resolution of grievances, an alleged
violation of a provision of this agreement, as follows:
Step l~. The aggrieved employee with or without the Union representative
may discuss the grievance with the supervising Lieutenant within five (5)
working days of the incident (working days for the purpose of this Article
will be defined as Monday through Friday excluding paid holidays) of the
occurrence of the matter giving rise to the grievance. The supervising
Lieutenant shall attempt to adjust the matter and respond to the parties
presenting the grievance within three (3) working days.
Step 2. If the grievance has not been satisfactorily resolved in Step l,
the Union representative and the aggrieved employee may appeal the grievance
to the Head of the Division concerned within five (5) working days after the
immediate Supervisor's response is due. The Head of the Division shall
respond, in writing, within five (5) working days to the Union.
Step 3. If the grievance has not been satisfactorily resolved in Step 2,
04/30/98 -- ~ City ~ Union
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hereof, the Union representative may present a written appeal to the Chief of
Police, or in his/her absence his/her designated replacement provided it is
lot a duplicate of Step 2, within seven (7) working days after the Division
ead's response is due. The Chief of Police shall respond within seven (7)
working days, in writing, to the Union.
~tep 4. If the grievance has not been satisfactbrily resolved in Step 3,
the Union representative may present a written appeal to the City Manager, or
His/her authorized representative, within seven (7) working days after the
Chief's response is due. The City Manager, or his/her designee, prior to
making a decision on the grievance, may conduct a predetermination conference.
The City Manager may be assisted by the City Attorney. The predetermination
conference shall be held within twenty (20) calendar days of submission to the
Iity Manager. The grievant may be assisted by a union representative or
ounsel of his/her choice. The inquiry by the City Manager may be tape.
recorded. In the case of grievances involving disciplinary action, all
matters in defense or in mitigation of the proposed disciplinary action, known
at that time by grievant, should be raised by the grievant. If the grievance
las not been satisfactorily settled by the City Manager within ten (lO)
usiness days from the date of' the predetermination conference, the grievance
04/30/98 ~ City ~ Union
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may then be submitted to arbitration, resolved within the above procedure, The
City Manager shall respond, in writing, within te.n (10) working days to the
Uni on.
Step 5. If the decision of the City Manager or his/her authorized
representative has not satisfactorily resolved the grievance, the Union may
request arbitration, in writing, to the Office of the City Manager no later
than five (5) working days after the rendering of the decision by the City
Manager. Nithin five (5) working days from the request of either party to the
other for arbitration, the parties shall try to mutually select an impartial
arbitrator. If the parties are unable or fail to agree upon an arbitrator
during this time period, either party may, with written notice to the other,
request the Federal Mediation and Conciliation Service to submit a list of
names of five (5) arbitrators. Both parties will alternatively strike one
name until an arbitrator is agreed to.
Step 6. The arbitrator's decision in this matter, if made in accordance
wi th this contract, shall be final and binding on the parties. The fees and
expenses of the arbitrator shall be paid one half by the City and one half by
the Union. All other expenses in connection with the presentation of the
matter to the arbitrator shall be borne by the party incurring them. The
04/30/98 ~-~ City ~ Union
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arbitrator shall have no power to add to, subtract l:rom, disregard, or modil~y
the terms of this Agreement, nor shall his/her decision have the effect of
~1 tering the Agreement.
The arbitrator shall have access to all written documents and statements
F~ertaining to the grievance. The arbitrator shall render his/her decision no
later than thirty (30) days after the conclusion ol~ the final hearing. Copies
of the findings of the arbitrator, made in accordance with the jurisdictional
authority under this Agreement, shall be furnished to both part~es and shall
t~e l~inal and b~nding on both parties.
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Union
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ARTICLE 28
RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION
The City of Boynton 5each agrees that all rights of Law Enforcement Officers
under Jnvestigation 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.
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ARTICLE 29
DISCIPLINE AND DISCHARGE
Section 1. Employees may be discqplined only for just cause.
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No empl oyee
shal 1 be disciplined without notice of the charges setting forth the basis for
Such di sci pl i ne.
Section 2, Employees shall have the opportunity t'o have said disciplinary
lction reviewed by the Civil Service Boa rd or through the grievance
rbitration procedure established in this contract, but not both,
Section 2. The parties recognize that timeliness of disciplinary action is an
essential element of due process. Accordingly, no employee shall be subjected
to discipl i nary action unless a fi nal disciplinary recommendation i s made by
the Police Chief within fourteen (14) days of the conclusion of the
~ nvesti gati on.
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ARTICLE 30
PAST PRACTICES
All employment practices listed below shall remain in effect:
A. Lockers.
Fo
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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,
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ARTICLE 31
PERSONAL VEHICLES
Section 1. When ah employee is required to use his/her personal vehicle ~n
the performance o1= police duties, said employee shall be reimbursed a mileage
rate as established by C~ty resolution, excluding mileage traveled to and from
the normal work location.
Section 2. For the purpose ol= th~s Article, the per1=ormance ol= police duties
shall include attendance at court, depositions, administrative hearings,
con1=erences wi th City offici als, schools and semq nars.
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ARTICLE 32
DEPARTMENTAL POLICIES, RULES AND REGULATIONS
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 not be arbitrary or
capricious. In the event of a conflict between the rules and specified
provisions of this Agreement, the Agreement shall control.
Section 2. In the event the City wishes to amend, revise or implement any new
rule, it shall give ten (10) days notice to the Uni, on.
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Union
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ARTICLE 33
MATERNITY LEAVE
Whenever a female employee shal 1 become pregnant, she shall furnish the Police
Chief wqth a certificate from her physician, stating the approximated expected
date of deliver.
Sqe may continue to 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.
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ARTICLE 34
COMPLETE AGREEMENT AND WAIVER CLAUSE
This Agreement (together with any letters of Agreement executed concurrently
herewith) is the complete Agreement between the parties, cancels all prior
practices and agreements, and, except as expressly provided for herein,
relieves the parties of the obligation to bargain on any subject during the
term of this Agreement.
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Union
ARTICLE 35
SEVERABILITY
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ection 1. If any provi-sion of this Agreement are found to be invalid by any
ourts having jurisdiction in respect thereof, such findings shall not affect
.he remainder of this Agreement, and all other terms and provisions shall
ontinue in full force and effect.
ection 2. In the event of such finding the parties will meet within thirty
30) days to begin negotiations of a replacement Article or Section.
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ARTICLE 36
MAINTENANCE OF CONTRACT
All matters pertaining to working conditions and benefits guaranteed by aw
shall apply to the extent that they are not in conflict with the provisions of
thi s Agreement.
04/30/98
~ -City Union . 1
ARTICLE 37
DURATION
lpon formal ratification by the Union, adoption by the City Commission, and
xecution and signing by the parties, this Agreement shall be effective from
October 1, 1997 and shall remain in full Force and effect until September 30,
1998.
Negotiations for a contract commencing October 1, 1998, may commence at any
~ime after April l, 1998.
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Agreed to this day of by and between
the respective parties through the authorized representatives of the Union and
the City.
Wi tness
Wi tness
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
President -- ~
CITY OF BOYNTON BEACH
Mayor
Wi tnes~ ~ '
A1-FEST'
Ci ~ Clerk
Ci ~%Manager
04/30/98 __ 'i~~~]~ City
Uni on
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Rati fi ed by City Commi ssi on
Date
04/30/98
<~ City
Union