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R05-071 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION R05- 0; I 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 PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION - PATROL OFFICERS FOR THE PERIOD OF OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2007, 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 Palm Beach County Police 16 Benevolent Association (PBA) - Patrol Officers have successfully concluded negotiations 17 for a three (3) year contract; and 18 WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; 19 and 20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 21 the best interests of the residents and citizens of the City to ratify the Agreement and 22 execute the same; and 23 24 25 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 28 ratified and confirmed by the City Commission. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby ratify the Agreement between the City of Boynton Beach and the Palm Beach 31 County Police Benevolent Association (PBA) - Patrol Officers for the period of October 1, 32 2004 through September 30,2007, and authorizing and directing the Mayor and City Clerk II to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A". 2 Section 3. This Resolution will become effective immediately upon passage. 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 PASSED AND ADOPTED this.3 day of May, 2005. CITY OF BOYNTON BEACH, FLORIDA (. Commissioner ATTEST: ~~ 1\05- 011 2004-2007 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE OFFICERS AND DETECTIVES .\2.t. 4f2~ ()(" TABLE OF CONTENTS ARTICLE 1 Preamble 2 Recognition 3 Non-Discrimination 4 Dues Deduction 5 Union Business 6 Bulletin Board 7 Eligibility for Promotion 8 Vacancies 9 Management Rights 10 Advisory Committee 11 Hours of Work and Overtime 12 Wages 13 Seniority 14 Additional Monetary Benefits 15 Uniforms 16 Medical Expenses 17 Group Insurance 18 Leaves 19 Holidays 20 Funeral Expenses 21 Equipment Maintenance & Safety 22 Training 23 Career Path Program 24 Personnel Records 25 Legal Action 26 Grievance Procedure 27 Discipline Appeals 28 Rights of Law Enforcement Officers Under Investigation 29 Discipline and Discharge 30 Past Practices 31 Personal Vehicles 32 Department Polices, Rules & Regulations i~ ~(llJf(), city 2 P AGE NO 4 5 6 7 8 10 11 12 13 15 16 18 22 24 28 30 32 37 39 40 41 43 45 46 47 51 38 53 54 55 56 57 c1'{} Union S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc 33 34 35 36 37 38 Posting Complete Agreement and Waiver Clause Severablity Duration Take Home Vehicles Longevity Pay Signature Page 58 59 60 61 62 64 66 ~b pi f2U\1>C- City 3 ;~ ~[Y Union S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 1 PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and Palm Beach County Police Benevolent Association, located in West Palm Beach, Florida, hereinafter refereed to as the "Union", for the purpose of setting forth the parties Agreements regarding rights, wages, benefits, and conditions of employment. .v~ A(201~, City ~. Union 4 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 2 RECOGNITION The City hereby recognizes the Union as exclusive bargaining agent for the purpose of presenting proposals relative to salaries and other conditions of employment for the bargaining unit consisting of all full time sworn police officers within the following job classification: Police Officer and Police Detective, or as modified by PERC. The term "member" or "employee" will mean any member in the bargaining unit. Effective October 1,2001, the City will no longer fill vacant Detective positions. All bargaining unit members who hold the position of Detective at time of ratification ofthis Agreement shall continue to serve as Detectives until: A. The member is promoted, or B. The member resigns from the position, or C. The member is demoted, for cause, or D. The member retires. ~G ,1d 20! fJ \ City CC{y~& Unlon 5 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 3 NON-DISCRIMINATION The City will not interfere with the rights of officers to become members of the Union, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behalf of the Union. The Union shall not discriminate against any bargaining unit member who fails to join the Union. The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the Union agree that bargaining unit members have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Discriminatory conduct means any communication, verbal or non-verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age, or marital status. ~f3, ~f (201 0\ City ~' Union 6 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 4 DUES DEDUCTION Upon receipt of a form provided by the Union and approved by the City which has been voluntarily executed by a City employee who is a member ofthe bargaining unit, the City will deduct from the pay due the employee, those dues and uniform assessments required to retain Union membership as certified by the Union. The total amount of deductions shall be remitted each month by the City to the Treasurer ofthe Union. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) days after notification of the revocation of the authorization to deduct by the employee. ~ J.f (zoluc City C'@ Union 7 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 5 UNION BUSINESS Section I. Union representatives will be granted paid leave to engage in representation activities on behalf of the Union or any member as follows: A. Engaging in collective bargaining with the representatives of the CITY. B. Processing of grievances. C. Accompany a fellow employee when: 1. The employee is required to appear at a hearing related to a grievance. 2. The employee is presenting or responding to a grievance. 3. The employee is subject to interrogation in conjunction with an internal affairs investigation. 4. The employee is attending a pre-determination hearing. The CITY may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or capricious, nor shall it allow the CITY to proceed in a manner which deprives the employee of his or her right of representation. A UNION representative shall be permitted leave to attend functions of the Union, provided that Such leave shall be at no cost to the CITY and representatives shall use accrued vacation leave. The Union representative must be a member of the bargaining unit. -ig ;./ r 2() (tJ>s- City ~- ,. ..,' '\, ...' Union 8 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc Section 2. Section 1. No employee shall engage in Union business while on duty except as referenced in v~ ,If f2eA DC- City @ Union 9 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 6 BULLETIN BOARD The City will provide bulletin board space; one in the Line Up Room and one in the Detective Division for the exclusive use ofthe Union, for posting bulletins, notices and other union material. A notice or item placed on the bulletin board shall bear, on its face, the legible designation of the person responsible for placing of this notice or item on the bulletin board. ~ J~( (201 {) \-- City @ Union 10 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 7 ELIGIBILITY FOR PROMOTION All bargaining unit members who have served for three years as a sworn law enforcement officer in the City of Boynton Beach are eligible for testing for promotion to the position of Sergeant. ~8> 4(lJ rYe City ~ Union 11 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 8 VACANCIES Section I. Consistent with the City's recruitment and selection policy (PPM Chapter 06), vacant positions shall be filled in the best interest of the City through recruitment and selection of employees on the basis oftheir qualifications and relative knowledge, abilities, and skills. Section 2. When a position in the bargaining unit is filled by hiring a candidate with law enforcement experience from another agency, the candidate may be credited with one year for every two years oflaw enforcement experience and may be hired at a base annual rate of pay not to exceed $2500.00 above starting salary at time of hire, allowing for $500.00 for each year of service with another agency, to a maximum of five (5) years of credit. The Chiefs discretion shall not be exercised to allow a new hire's base pay to exceed the base pay of any department member with the same years of service. This provision may be applied retroactively to members hired within the past twenty-four (24) months (from date of ratification) , at the discretion of the Police Chief. ~ ~{ 1201 0' City ~ Unlon 12 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 9 MANAGEMENT RIGHTS Section 1. The Union recognizes that the City has the exclusive right to manage and direct the Police Department. Specifically, but not by way oflimitation, the City retains the exclusive right to: A. To establish procedures to hire, promote, and layoff employees. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. D. 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. G. Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement. H. Introduce new services, procedures, materials, facilities and equipment. I. To require employees to submit to physical, medical, and psychological testing to determine fitness for duty. No bargaining unit member shall be ordered to submit to physical, medical or psychological testing to determine fitness for duty without such testing being approved by the Police Chief and the City Manager. J. Determine and change the equipment and materials provided to or not provided to employees. ig City K. A~ to or change the qualifications necessary for any joh class~j ~f(2ul 0'- Union 13 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc L. Create, alter or disband any Departmental unit or transfer members based upon the needs of the department as determined by the Chief. M. The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. The City supports random drug testing for all bargaining unit members. The City reserves to itselfthe power to order employees to submit to reasonable suspicion or random drug testing, subject to compliance with the testing/sample handling procedures as set forth in Florida Statute and the Florida Administrative Code, as referenced in the City's Drug Free Workplace Policy. The City agrees to use State certified laboratories for all drug testing. If the City fails to exercise anyone or more ofthe above functions from time to time, it shall not be deemed a waiver ofthe City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. In the event of any change over which the City may have an obligation to bargain concerning an impact ofthe change, the change may be implemented prior to resolution of the impact bargaining. .iP> 41201 0\ City -2- Union 14 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 10 ADVISORY COMMITTEE 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 may be held between the hours of 8:00 AM. and 5:00 P.M., Monday through Friday or at another mutually agreeable time. If a meeting is held during 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 payor leave benefits. Section 3. Attendance by other than members ofthe Union and City Administrative Officers will be by agreement of a majority of the members ofthe Committee and shall first receive the approval of the Chief of Police. \if, .tf!.?J V~ City ~ Union 15 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 11 HOURS OF WORK AND OVERTIME Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work cycle. The work cycle per bargaining members assigned to 8 hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all hours worked in excess of 171 hours in a 28 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 8 hour shift will be paid overtime for all hours worked in excess of 40 hours in a 7 day work cycle. F or purposes of calculating overtime, only hours actually worked, hours taken for authorized leave for training or school, shall be counted as hours worked. Overtime pay, when so granted, will normally be contained in the member's next regular pay check following the time worked. Employees who are in a duty status seven (7) or fewer minutes either prior to or after their shift will not be eligible for 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 for overtime pay. Section 2. Pursuant to Article 9, Section ID, it is a Management Right to establish and change the.. starting and quitting times and the number of hours and shifts to be worked. ~ta1 wide JL& if ( l{)\ 0 ", . City Union 16 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc shift schedules shall not be changed without the City providing thirty (30) days advanced notice to the Union of the change. Section -3. No member of the Bargaining Unit shall be required or allowed to work more than sixteen (16) continuous hours except during a declared emergency or during an ongoing immediate investigation. Members ofthe Bargaining Unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively carry out their responsibilities. No member of the bargaining unit shall be scheduled either by the department or through shift swaps, details, or over-time, to work more than 16 hours of duty in a 24 hour period, except during emergencies or where overtime is required to complete an on duty assignment, i.e. late arrest. For the purpose ofthis section, duty means regular assigned duties and detail assignments, not to include court, depositions, filings, and similar judicial responsibilities. ~g J..d lv' oC City ~~ Union 17 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 12 WAGES Section 1. Effective on ratification, the starting base pay for new hires without prior law enforcement experience be increased to $39,000.00 when hired, adjusted to $40,000.00 on completion of academy and field training. Starting base pay will increase to $40,200.00 after 1011105, adjusted to $41,200 on completion of academy and field training and to $41,436.00 after 10/1/06, adjusted to $42,436.00 on completion of academy and field training. Section 2. Top out pay for Bargaining Unit Members during the term of the agreement will be: Year One-$62,578 Year Two-$63,778 Year Three-$65,014 Section 3. Wage increases during the term of this Agreement will have two components; a base wage market adjustment, and a performance based adjustment as follows: Year One (10/1104-9/30/05) A. All members will receive a 9.8% base wage increase retroactive to 10/1104. B. Members who received a satisfactory performance evaluation on their July 2004 performance evaluation will receive a 5% base wage adjustment effective 10/1104. Year Two (10/1105-9/30/06) C. All members will receive a 3.0% base wage increase effective 1011105. D. Members who receive a satisfactory performance evaluation in February 2006 will receive a 5% base wage adjustment effective 4/1106. YB 4/;?%, c@ City Union 18 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc Year Three (10/1106-9/30/07) E. All members will receive a 3.0% base wage increase effective 10/1106. F. Members who receive a satisfactory performance evaluation in February 2007 will receive a 5% base wage adjustment 4/1107. Section 4. No member shall receive an adjustment to base salary in excess of top out pay. Payment over base shall be lump sum and shall be treated as wages for pension calculation purposes when approved by the Pension Board. Section 5. The City's performance based compensation system represents an integral component of an employee's opportunity for wage increases. The procedures for conducting annual performance evaluations for all police department personnel is set forth in the Police Department Written Directives, Index Code 700. On ratification ofthis Agreement, the annual evaluation cycles will be adjusted to provide a preliminary evaluation in November of each year, commencing November 2005 and a final annual evaluation in February of each year, commencing February 2006. Section 6. Employees must receive an evaluation of satisfactory or above to receive a performance base wage increase. In the event an employee receives a less than satisfactory performance evaluation during any annual evaluation period, that employee shall not be eligible for a performance based wage adjustment. Instead, the employee's wage adjustment shall be delayed for a period of ninety (90) days, at which time the employee will be re-evaluated. In the event an employee receives a satisfactory or greater performance evaluation, then that employee shall be granted the -\lfS jtf2J oC City ~ Union 19 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc wage adjustment on the first full payroll after the completion of ninety (90) days. If the employee does not receive a satisfactory or greater evaluation an additional and final ninety (90) days re-review period shall begin. Failure to achieve a satisfactory or greater evaluation at the end of the second ninety (90) day period constitutes grounds for just cause discipline. Section 7. The City may make changes in the current performance appraisal instrument only after the PBA has had the opportunity to provide input on the instrument. Section 8. Attendance is an integral component of performance. In the event an employee has been placed on restrictive sick leave pursuant to Departmental Policy, a copy of which is attached hereto as Exhibit "A", (excluding Family Medical Leave) during any annual evaluation period, that employee shall not be eligible for a wage adjustment. Instead, the employee's wage adjustment shall be delayed for a period of ninety (90) days, during which it will be determined ifthe employee has had more occasions of use of sick leave. In the event an employee does not have an additional occasion of use of sick leave, then that employee shall be granted the wage adjustment on the first full payroll after the completion of ninety (90) days. The employee's denial ofa wage adjustment shall continue in ninety (90) day increments each time an employee has one or more additional occasions of use of sick leave. Section 9. Employees at, or above, the maximum oftheir respective range, upon ratification of this agreement will remain at their current salary, and will only receive a wage adjustment in the form of a lump sum payment equal to the amount they would receive based on the criteria included ~V~ ~1(2t;/(;~ ~ City Union 20 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc herein. This lump sum payment shall be considered a salary disbursement included in W -2 holdings for the purpose of pension calculations. Section 10. Each member assigned to the 11 Y2 hour shift, who works that shift, will be paid an additional 5% of base in year one (10/1104-9/30/05). This shift assignment pay will end 9/30/05, with no shift assignment pay thereafter. Section 11. The only add on or assignment pay, other that the 11 ~ hour shift payment referenced above that will be paid to employees following ratification ofthis Agreement as follows: A. SRT (Special Response Team): Those members who have successfully completed testing and are selected as a member ofthe Police Department SRT Team, shall be compensated an additional 10% for hazardous duty when said Team is actually called to duty. B. K-9 Unit. Members assigned to the K-9 Unit will receive one (1) hour of overtime for K-9 care, equipment maintenance and vehicle cleaning for each RDO, vacation day where the dog is not kenneled or otherwise boarded. K-9 officers will be allowed one (1) hour of duty time per work day to tend to K -9 care, equipment maintenance and vehicle cleaning. Members on vacation will be credited one hour per day for K-9 care, equipment maintenance and vehicle cleaning. C. Officers, while assigned as Field Training Officers and who have completed successfully the required 40-hour training shall be compensated an additional five (5%) during the assignment. ~e, 4/)010\ City ~=~"-"::; ~l,J Union 21 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc Section 1. ARTICLE 13 SENIORITY The City agrees that seniority shall consist of continuous accumulated paid service with the Boynton Beach Police Department. Seniority shall be computed from the date of appointment. Seniority shall accumulate during absences because of illness, injury in the line of duty, vacation, military leave or any other authorized leave of absence. Section 2. D. Section 3. The City agrees that seniority shall govern the following matters: A. Filling temporary vacancies. See Article 14, Section 3. B. Layoffs will be in reverse order of seniority. C. Selection of day or night shift and starting time. 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. Assignments to platoons, divisions, and units, is a management right. Seniority will be given great weight in the selection process, after qualifications and balance of personnel are considered. Seniority may not in all cases be a prevailing qualification or the sole basis for the selection. The decision may be reviewed upon request by the Chief of Police who has the final decision. Section 4. In the event of a declared emergency alternate shifts or work schedules may be -Vb )( b~vlb' City @ Union 22 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc adopted by the Chief of Police as needed. X-E tf(2dO\ City -----.---c..----:? .~ '- -_._..~~ ~l-/ Union 23 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 14 ADDITIONAL MONETARY BENEFITS Section 1. Compensatory Time Members of the Bargaining Unit shall have the option of accumulating a maximum of eighty (80) hours, per fiscal year, of compensatory time at time and one half. A bargaining unit member who is promoted to a position outside the bargaining unit, or who retires, or who is terminated, will be paid the balance of all unused compensatory time. Compensatory time earned and accumulated shall be paid off totally in September of the fiscal year if not utilized by the end of the month of August. Compensatory time accumulated will be taken within the scheduling needs of the Department. Section 2. Special Detail Assignment All Bargaining Unit Members assigned to cover special details may report directly to their assignment without prior checking in or out at the police station, but must advise a supervisor personally or by radio. The officer assigned to special detail shall comply with all current department policies and procedures in effect. 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 2compenrte.d forthe actual time worked, but not less than three (3) hours at the ~.~teQfpay one ~ ~i (20 r 0 \ CC:Z?1) City Union 24 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc and one-half (1 112) 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 ofthree (3) hours at time and one-half and at hislher supervisor's discretion the officer may be required to work the entire three hours or longer. When an officer is called for call back hislher supervisor will indicate as to whether or not he/she should arrive in uniform or in plain clothes, if the option is available. Call back shall be handled as follows: Step I Vacancies filled with the off-going shift platoon by seniority. Step 2 Vacancies filled by other platoon that works the same shift but is regular day off Step 3 Vacancies filled by other platoon that works the opposite shift (e.g. vacancy on A.l is offered to B.4, 5, 6). Variance to Step 3-the first day back on the shift will make the opposite shifts ineligible to work. This occurs on Monday, Wednesday and Friday. Step 4 All patrol officers not previously covered by seniority Step 5 Vacancies will be offered to Detectives Step 6 Ordered in by reverse seniority The 16 hour maximum hours worked rule applies to all call-back. 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 compensated a minimum of three (3) hours at time and one-half. B. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-halfthe straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one ~~~. j~mum ~f?:> J( Ilol OC- c"- ([~ City Union 25 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc 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. Schedule The City will establish the hours of work best suited to meet the operational and fiscal needs ofthe Department. Any officer who accepts and participates in a shift swap will follow the proper protocol. Ifthe officer is sick and cannot meet his/her obligation to work the shift, they are permitted to find a replacement without penalty. If any officer abuses this privilege by calling in sick the first time, they will lose the sick time (per hour) and be suspended from shift swaps for three (3) months. The second subsequent sick call will be a six (6) month suspension from shift s~. .,..an. _ the.. third ~ 4 f 201 cc--.. - '---.V City Union 26 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc sick call could force the member to be permanently disqualified from shift swaps. The member calling in sick will not be penalized ifthey provide a legitimate excuse or provide documentation of being sick. Section 7. 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. 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 receive compensation at the rate of one and one-half (1.5) times his/her regular salary for the first day of his /her tour of duty. Section 8. The City agrees that any member required to be out of Palm Beach County to attend court, seminars, or for any other reason as a result of his/her duties as a police officer, except if the officer is exclusively the plaintiff in a personal civil action, will be paid his/her regular rate of pay for each day or partial day required for said purposes. There will be no overtime compensation. .\.If, 112do, City ~'. =---.._..-... .'-.Y'. . . ~_. J ,.l--- Union 27 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc 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. The Detectives and other members of the bargaining unit assigned to plain clothes duty will receive, in lieu of uniforms, a total of$I,OOO.OO a fiscal year, paid in $250 installments at the end of each quarter and pro-rated as appropriate. Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval ofthe Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to include, with his/her claim, an explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to his uniform took place. This allowance shall commence from the date of assignment on a pro-rated basis. Uniformed Officers assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three (3) months and pro-rated thereafter. Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, to take their uniforms only to the approved dry cleaning establishment in Boynton Beach selected by the City. Det~ctives and ~D ~(/zclV\ C:Ci~v' City Union 28 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc other members assigned to plain clothes 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. if:, tJ Izo\ 0' City rY'7l) -union 29 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 16 MEDICAL EXPENSES Section 1. Members will receive and shall be obliged to take annual electrocardiogram and physical examination performed by an agency or doctor to be approved by the City. Scheduling will be at the discretion ofthe Department, and the results will become part ofthe employee's record. The City will pay the cost of this examination only. Section 2. Beginning at age 30 and when recommended by a City physician, a member will undergo and the City will pay for a Stress Test, no more than once every three (3) years with no more than a third of the bargaining unit being compensated for such a test in anyone year. Section 3. The City shall provide an immunization schedule during the life ofthis Agreement for any member who wants to be immunized for Hepatitis-Type B. It is incumbent upon the bargaining unit member to notify the Department should they desire said immunization. Said immunization shall be administered by qualified personnel. ~A> tf 'lVl oC City c-;~ U"~' Union 30 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 17 GROUP INSURANCE Section 1. Medical Insurance The City shall pay the total medical, hospitalization, and dental insurance premium for all regular employees. The employees will pay the full cost of medical, hospitalization and dental insurance for their dependents. Existing or comparable coverage shall remain in effect for the duration of this Agreement; however in the event the City can provide for alternative equivalent benefits options for employees then the health insurance coverage for the employee and their dependents may be amended from time to time. In this connection, should the employees' cost to provide dependent coverage for their dependents increase more than 15 % during any fiscal year, the City agrees to open this Article for the purpose of impact bargaining. The review and selection of insurance coverage shall be made on an annual basis by the City. To that end, the City will form an insurance advisory committee to be comprised of an equal number of non-represented members who are appointed by the City Manager and two members from each of the city's bargaining units. Bargaining unit representatives shall be designated by the Union. The final decision regarding selection of coverage is reserved to the City, but the City shall strongly consider input and recommendations from the insurance advisory committee. 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. I>entalInsurance 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. ~ J.( (10/0' City C~7~~ Union 31 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 18 LEAVES Section 1. Annual Leave - Vacation a. All employees will follow the following vacation schedule: Years of Service Vacation Hours 1 year 2 years 3 years 4 years 5 years 6 years 7 years 8 years 9 years 10 years 11 years 12 years 13 years 14 years 15 years 16 years 17 years 18 years 19 years 20 years 21 years & after 96 120 120 128 136 144 152 160 168 176 176 176 176 176 176 192 192 192 192 192 200 b. 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 J/-f:> t{ (2-01 V c City ~-ff;; Union 32 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc 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. c. Request for emergency vacation leave will 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. The use of sick leave will be in accord with the Personnel Policy Manual and Police Department Rules and Regulations, as applicable. Each bargaining unit member covered by this agreement is eligible to receive one bonus day for continuous attendance at work at the completion of each calendar quarter that the bargaining unit member has not used sick time during the previous quarter, nor has been absent from work or on leave other than those leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation. b. Employees who have more than one hundred twenty (120) hours of sick leave as of September 1, ofthe current contract year, may convert 50% ofthe excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in this fiscal year. c. Sharing Sick Leave ~ ~{f201o~ City ~~.... .lJy ~ Union 33 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc I. It shall be the policy of the City to permit an employee the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick leave and vacation leave to the number of vacation hours that said employee would accrue in one year. 2. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. 3. When there appears to be a need to share sick leave in accord with Section c.2, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirm through the Finance Department that the hours are available and submit the list, accompanied by appropriate Personnel Action Form, to the Human Resource Office for proper charge to sick leave records. Time used will be used in order listed on appropriate form supplied by the Union Steward. d. Sick leave for medical appointment can be scheduled more than 48 hours ahead and not be changed except in the event of an emergency. e. No member shall be placed on restricted sick leave unless that member has had a counseling session, with at least a Watch Lieutenant (Lieutenant rank only). During that counseling ~ ;.('2olo~ City C~!P Union 34 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc session, the member will be informed of the reasons being considered for restricted sick leave. At that time, the member will be given an opportunity to explain the sick days taken. When a member is placed on restricted sick leave, the member will be notified in writing of that fact. A unit member placed on restricted sick leave shall be re-evaluated in six months. Ifnot re-evaluated within ten working days after the six month period the unit member will 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. Section 3. Personal Time a. A total of three (3) shifts for personal time per year will be allowed in increments of one-half shift at a time or a full shift, not back-to-back. Personal time will not be accumulated from year 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. Personal time is to be used in the same manner as vacation. b. 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 ofthe death ofthe mother, father, foster parents, brother, sister, ~6 4/2-010' ~ City Union 35 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc husband, wife, son, daughter, grandparents, grandchildren, mother-in-law, father-in-law, sister-in-law or brother- in-law of a permanent or probationary employee, grandparents of spouse and any permanent family member of the household, such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive calendar days for anyone death. However, if it is necessary for the employee to leave the State in connection with the internment of the deceased, five (5) consecutive calendar days shall be allowed. Employees must verify attendance in writing in order to be eligible for this article. The City Manager may grant additional leave under this section, except that such additional leave shall be debited against the employee's accrued sick or annual leave. J!-6 -1 }lvfo'--- City ~l Union 36 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 19 HOLIDAYS Section 1. Holidays will be as follows: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day 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 4/1 0 employees and 88 hours for 5/8 employees and 126.5 hours for 3-4/11.5). b. Members who sign up for this section must do so between October 1 st and October 31 st of each contract year with the Secretary of the Department. if:> 4 (201 oC City ~ Union 37 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc c. Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. d. Members exercising this option may use a vacation day instead of working the holiday. The vacation hours will be paid at straight time. e. Members not assigned to work on the holiday will receive their normal weekly pay. f. 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. ~~ ~{J /-{)/ 0 (-- City (~ Union 38 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 20 FUNERAL EXPENSES Section 1. The City will make a payment of up to $5,000 to the beneficiary of bargaining unit employees killed in the line 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. 4!~ if f 2010\ City ~f~ Union 39 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc 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 and for completing City providing forms for any defects which is discovered or any operating matter that needs attention. Concerns about unsafe condition will be brought to the attention ofthe immediate Supervisor who will make a judgment concerning the need for immediate repair prior to use. Ifthe 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 judge on the safety of the equipment and the appropriate action to take at that time. Subsequent review of the actions ofthe bargaining unit member or the supervisor, will be made by the Chiefthe next normal work day. Q6 Jf /2-V1 0("" City ~ Union 40 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 22 TRAINING Section 1. All training required of the officer by the Police Department when off duty will be compensated at time and one half, except for training or travel activities that are off site and considered to be seminars, conferences, and special programs where expenses incurred are paid for by the City as provided for by resolution. 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. Ifthe officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. Section 3. College Tuition 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, at state college/university rates, upon properreceipt at the below schedule upon completion ofthe semester. Employees currently participating in the college tuition reimbursement program who are attending private schools are grandfathered in at private school rates. J/-0> tf 12C1 0 (' City ~D-A0 Union 41 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc "A" equals 100% oftuition and books "B" equals 100% oftuition 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 Associates, Bachelor or Master degree with a curriculum directly related to the Police profession. The Chief will make a recommendation to the City Manager who will have final approval for the courses, degree program and payment. B. The City 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. Section 4. The City shall provide reimbursement for authorized expenses associated with training and special schools attended by the officer through approval of the Department. i~ t-J( ~I DC; City f3~;-) Union 42 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 23 CAREER PATH PROGRAM 1. The purpose of this program is to establish guidelines for a Career Path Program for police officers below the rank of Detective/Sergeant. 2. The Career Path Program is designed to accomplish a three-fold 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 Rank of Police Officer. C. Promote long term dedicated employees by offering incentives, alternatives and guidelines. 3. The Police Officer Skill Levels III, II, and I shall be as follows: A. Skill Level Three (III) (1) Time in grade: new employee to five (5) years continuous service. B. Skill Level Two (II) (1) Time in grade: 5 - 10 years continuous service (2) Education Requirement Gob related): 160 hours - Career Incentives or Training Courses (3) Average or above average performance evaluation for the past two (2) years. (4) Incentive pay increase -2% V-p:> iff?d 0 C- City Ei..~ Union 43 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc C. Skill Level One (I) (1) Time in grade: 10 plus years continuous service (2) Educational Requirement: 400 hours - Career Incentives or Training Courses. (3 ) Average or above average performance evaluation for the past two (2) years. (4) Incentive pay increase - 3% 4. A Police Officer will need to declare the Career Path Program; being either career path or career incentive (however, ifmax 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). 5. If a police officer who has received career path pay increases pursuant to this program and is promoted, they are no longer eligible to receive career path pay increases, nor will career path pay increases received under this program be considered in establishing their new rate of pay. i~ J1 (2010\ City /-<2.'~ ( .. r ,if) . Un10n 44 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 24 PERSONNEL RECORDS Section 1. 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 choosing to inspect 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. Section 2. A personnel file for all City employees is maintained by the City Human Resource Department. Section 3. Internal affairs investigatory files will be maintained in accordance with Fl. State Statutes. ~P:, J-( ( 201 0' City -~ Jrj Union 45 S,\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc 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 relative to this Article. Section 4. The employee will be responsible for filing any counterclaims at his/her expense. ~~ J.,(201 v~ City ~ 46 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 26 GRIEVANCE 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 is set forth in Article 27 - Disciplinary Appeals of this Agreement. 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. Section 4. A grievance must be filed within ten (10) days of the first occurrence of the event which give rise to the dispute. Grievances shall be presented in the following manner: Step 1. A grievance must be filed on a form approved by the City within ten (10) calendar days as set forth in Section 4 above. The grievance must make specific reference to the Article and Section of the Agreement in dispute, 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 grievant's Major. In the case of a class grievance filed by the Union, the grievance form shall be filed with the Police Chief. ~ t{. {;~Vll' City StelJ 2. The Major shall review the grievance and make a written recommendation for disposition ofthe grievance to the Police Chief within ten (to) days of receipt ~ 47 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc of the grievance. Step 3. The police Chief shall review the grievance and render a written decision within ten (10) days of his receipt of the grievance. 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 ofthe 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 ofthe date of the Chief s disposition or the expiration ofthe time period for the Chiefs disposition in the event the Chief does not render a decision. Step 5. The City Manager shall review the grievance and render a written decision within twenty (20) days of receipt ofthe grievance.. 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 with the disposition ofthe 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 grievant's request for the appointment of an arbitrator must be made within ten (10) days of the date of the City Manager's disposition of the grievance, or the expiration ofthe time period for the City Manager's disposition in the event the City Manager does not render a decision. Step 7. The grievant's request shall commence with a written request to the Federal Mediation and Conciliation Service asking that it submit a list of names of seven (7) arbitrators. Both parties will alternatively strike one name until an arbitrator is agreed to. Following appointment of an arbitrator, arbitration shall proceed as set forth below. ARBITRATION Section 1. When an arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbi~... ..... . . sed by the 21? tdz() I 0\ " '/ City __ ion 48 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc City, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration hearing on the grievance itself. Ifthe City raises the question of arbitrability and loses that determination, the City shall pay the cost of the arbitrator. Ifthe 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 ofthe 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 decision within thirty (30) days ofthe~se ofthe ~ J/lzOlo\ cf~) Ci ty --tJ ion 49 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 -- 2007.doc arbitration hearing or submission of post hearing briefs, whichever occurs last. The arbitrator's decision shall be final and binding on all parties. ~ 4120\0' City c'1P union 50 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc Section 1. ARTICLE 27 DISCIPLINARY APPEALS Discipline is classified as either major or minor as follows: MAJOR: Termination Demotion Suspension without pay - more than one (1) day No employee shall be subject to major discipline without first being afforded a pre- determination conference with the City Manager. No pre-determination conference shall be conducted with less than ten (10) calendar days notice to the employee. Section 2. B. MINOR: Written reprimand Suspension without pay one (1) day or less Appeals of disciplinary action shall be handled as follows: A. Major discipline may be by appeal to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in Article 26 above. The request for appointment of an arbitrator must be made in writing within ten (10) calendar days of notice of the City's disciplinary action. The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The 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 provided the response is submitted within ten (10) days of the written reprimand. If a written response is submitted by the employee, it shall be attached to the written reprimand and placed in the employee's personnel file. D. Suspensions without pay of one (1) day may be appealed to the Human Resource Manager whose decision shall be final. An appeal shall be filed in writing within ten (10) days of notice ofthe suspension without pay. The Human Resource Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days of the appeal. The Human Resource Manager's decision maybe to either I ,---<\ Jf 2 d 0'\ r:.~l~! 'Union ~f> City 51 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc sustain, reverse, or modify the discipline. In no event shall the Human Resource Manager's decision increase the discipline to more than a suspension without pay of one day. The Human Resource Manager may conduct interviews with the grievant, departmental staff, or members ofthe bargaining unit as part of his /her investigation of the discipline. Y-b t-{( ~O, 0 \ City /~ r~l~) Un on 52 S,\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 28 RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION The City of Boynton Beach agrees that all rights of Law Enforcement Officers under investigation 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. The Union may post a copy of the Law Enforcement Officers Bill of Rights on the bulletin boards referenced in Article 6. In the event of any conflict between the rights of a member under the Bill of Rights and this Agreement or any city or departmental policy or procedure, the rights afforded under the Law Enforcement Officers Bill of Rights shall prevail. City ~'~~=:.- ~..~.~-.", j , , ) / 1Jnlon J2~ J{ ~o\o, 53 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 29 DISCIPLINE AND DISCHARGE Section 1. Employees may be disciplined only for just cause. No employee shall be disciplined without notice of the charges setting forth the basis for such discipline. Section 2. Employees shall have the opportunity to appeal disciplinary action in the manner set forth in Article 27 of this Agreement. Section 3. The parties recognize that timeliness of disciplinary action is an essential element of due process. Accordingly, no employee shall be subjected to disciplinary action unless a final disciplinary recommendation is made by the Police Chief within fourteen (14) days of the Chiefs determination of the conclusion of an investigation. Section 4. No employee shall be subject to demotion, termination, or a suspension without pay of more than one (1) day without first being afforded the right to a pre-determination conference with the City Manager. ~6 t.f I~o\oc City ~~ --- } 'nlon 54 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 30 PAST PRACTICES All employment practices listed below shall remain in effect: A. Lockers B. Locker room shower, gym C. Shoes every six (6) months. D. Provide weapons, equipment, gear appropriate to assignment. E. Bullet proof vests. F. Jackets, raincoat, boots. G. Desk space, office supplies. H. Approved and required travel expenses. I. Use of City vehicles for court when available. ~ tll2do, City 55 6T C/_~ Urflon S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 31 PERSONAL VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and semmars. ~P:> ~ r201 -0," City ~L;~ ~ 56 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc 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 amends or revises an existing rule or implements any new rule, it shall give ten (10) days notice to the Union. ~ L1boIO\ City ~//.=\ ,. .- Cy .' -'lon 57 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 33 POSTING Vacancies in positions or assignments will be posted in-house no less than thirty (30) days before the application deadline for the position or assignment is closed. .vi:> -1 f;zof 0\ City ~~.~ ~" 58 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 34 COMPLETE AGREEMENT AND WAIVER CLAUSE This Agreement is the complete Agreement between the parties, cancels all prior practices and agreements, and, except as expressly provided for herein, relieves the parties of the obligation to bargain on any subject during the term of this Agreement. There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement and the City's Personnel Police Manual and not under any Civil Service RulelRegulation and heretofore in existence. Y-~ J.J{201 0 \ City - tip 59 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 35 SEVERABILITY Section 1. If any provision of this Agreement is found to be invalid by any courts having jurisdiction in respect thereof, such findings shall not affect the remainder ofthis Agreement, and all other terms and provisions shall continue in full force and effect. Section 2. In the event of such finding the parties will meet within thirty (30) days to begin negotiations of a replacement Article or Section. ~ if (lV/OC- City ."""--""", ~ Uni'on 60 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 36 DURATION This Agreement shall take effect when ratified by the members ofthe collective bargaining unit and the City Commission, and shall remain in effect until September 30,2007. Wage adjustments, including base wage, performance base pay, reduction and/or loss of assignment pay, are all retroactive to October 1,2004. There will be no base wage or performance based increases beyond September 30,2007, unless otherwise agreed to by the parties through negotiations. ~ J-f ( ) of 0 (" City i<;~W ~CL -- nlon 61 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 37 TAKE HOME VEHICLES The City will implement a take home car policy that will include the following elements: 1. Take home vehicles will be provided to Members assigned to patrol during the term of this Agreement from a total pool of forty (40) vehicles assigned as hereinafter described. The total number of vehicles available for assignment to members of this bargaining unit is variable, depending on the number of vehicles assigned from the forty (40) vehicle pool to Sergeants. A total of fourteen (14) vehicles will be assigned to the Patrol and Sergeants units in year one (1), if this Agreement is ratified by April 28, 2005. If so ratified, the City will promptly solicit bids for and order fourteen (14) vehicles which will be assigned on delivery. An additional thirteen (13) vehicles will be ordered at the commencement ofthe 2005-2006 fiscal year, and the final thirteen (13) vehicles ordered at the commencement of the 2006- 2007 fiscal year. 2. A Member is eligible for a take home vehicle if the Member has three years of service with the department and resides within 15 miles of the City limits. 3. Vehicles will be assigned on the basis of seniority (by ill number), with seniority bumping rights for Members transferred to patrol. J!B> l.d:10Ioc- City ~ 62 S:\CA\Collective Bargaining\PBA\PBA 2004 Co!.lective Bargaing\Patrol final 2004 - 2007.doc 4. Assigned vehicles are not for personal use but for transportation to and from work only. 5. A member who lives beyond the 15 mile radius described in paragraph 2 above will be assigned a specific vehicle from the pool of forty (40), but may not take hislher car home. ~p, tf(2d D" City ~ ~ 63 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 38 LONGEVITY PAY Section 1. In order to provide benefit incentives to long-term employees, giving recognition for continuous and meritorious service, longevity benefits are available as outlined below. Employees eligible are those who: a) have been employed with the City on a regular full-time and continuous basis for a minimum of five (5) years, and b) have an overall "Meets Standards" or above rating on the previous employee evaluation. Employees will receive a cash Lump Sum Bonus as follows: On the employee's fifth (5th) anniversary a lump sum payment of$500.00. On the employee's tenth (10th) anniversary a lump sum payment of$I,OOO.OO On the employee's fifteenth (15th) anniversary a lump sum payment of$I,500.00 On the employee's twentieth (20th) anniversary a lump sum payment of$2,000.00 Section 2. Any pay earned for Longevity Benefits is subject to required federal deductions. Section 3. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment prior to their anniversary date will not be entitled to Section 1 benefits. Employees in the DROP plan are not eligible for longevity pay. Section 4. The longevity benefit set forth in this Article takes effect October 1,2005. By way of example, a member who has twelve years of service on October 1, 2005 will receive a longevity benefit lump sum payment of$I,OOO.OO (10th anniversary). That member's next longevity benefit ~ 1.l2Vlo\ City ~ 64 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc lump sum payment will be $1,500.00 on the employee's 15th anniversary. ~ J.( r201 f),- City 65 fu{;: 4 S:\CA\Collective Bargaining\PBA\PBA 20C4 Collective Bargaing\Patrol final 2004 - 2007.doc parties through the authorized representatives of the Union and the City. 69 c~~ Witness ~ PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION BY: Ernest W. George, Preside t Witness ~;u~-/~ A.)h~ Witness tl;~ J ~ , \I..~c,," Witness CITY OF BOYNTON BEACH BY: .k~ Kurt Bressner, City Manager APPROVED AS TO FORM: Ratified By City Commission 05/03 ios- Date I I -VP i-f fA)(~ City E10 Union parties through the authorized representatives of the Union and the City. 69 PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION BY: Ernest W. George, Presi Witness CITY OF BOYNTON BEAC~ ) /1 BY: ~~ ~ Kurt Bressner, City Manager Witness Witness ATTEST: @t::1:_'tn. ~ City lerk APPROVED AS TO FORM: City Attorney Ratified By City Commission 05 /0.3 los- Date I I Ratified by Union ~0r Date -Vp L-f (;J{)( og City Y~r~ / nion cd W~60:0T S00c Tc '~d~ 9ST9-cpL-T9S: 'ON X~~ SNOll~8I1S3~NI Gd88: WO~~