R98-065THIS PAGE HAS BEEN AMENDED TO CORRECT A SCRIVENER'S ERROR AND IS ATTACHED TO
THE ORIGINAL RESOLUTION NO. R98-65
RESOLUTION R98-65
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE LETTER OF AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND THE FRATERNAL ORDER OF
POLICE - LIEUTENANTS UNIT 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 Fraternal Order of Police
- Lieutenants Union have successfully concluded negotiations for a one year
contract; and
WHEREAS, the Letter of 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
Letter of 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 Letter of Agreement between the City of Boynton Beach
and the Fraternal Order of Police - Lieutenants Unit 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, a copy of said agreement being
attached hereto as Exhibit "A".
PASSED AND ADOPTED this
ATTEST:
Cit~/Clerk
~" day of April, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
Fraternal C.)~.~ ~e,. ~ of Police
FLORIDA LABOR COUNCIL, INC.
March 30, 1998
Dale S. Sugerman
Assistant City Manager
100 E. Boynton Beach Blvd.
BoyntonBeach, FL 33425
Dear Mr. Sugerman,
I am happy to advise you that "Contract Ratification" was held on this date for the
Sergeant's and Lieutenant's and the results were as follows:
A majority of the Bargaining Unit Members voted and the contract was R~ TIFIED.
If you have any questions please feel free to contact me.
I would like to thank you in advance for your time in this matter.
George F. Hachigian
Staff Representative
2404 E. Sunrise Blvd.
Ft. Lauderdale, FL 33304
954-561-3555
CC: Lt. Chris Yamtzzi
Sgt. Paul Sheridan
FraternaI Order o't Police
FLORIDA LA8OI5 COUNCIL, INC.
The City of Boynton Beach, Florida and tM Florida State Lodge Fraternal Order of Police, as
]tlhe ~aii~ bm8~niag unit f~ the City's Poli~ Serge~t's and Poli~ Li~iena~t's, ague the
cove~ed employees sh~l ~ el~ib!e to ~ve a five ~cent (5%) inc~c ~ sal~ (on t~
empl~ee'S a~i~ da~e), ~d in~ea~ shall ~ seUosctivc to t~ employees anniver~ date
which ~tb ~er O~o~r I, 1~97 ~ long ~ the employee hu r~e~d a satisf~o~ rati~ or s~ve
on t~t pelops.ce evalu~on. We ~ee as ~llows:
The contract between thc City or' BoyTttOrt Beach and the Florida State Lodge and the
Fraternal Ord~ of Police mhall be ext~ded for on~ (1) gear throulih
September 30, 1998, subject to the same te,-u-is and c. mdition~, ~cept that
ARTICLE 12 for Sergeant's ~ ARTICLE 14 ~Or Lieut~o.a~t's ~hal] reflect the abow.
All other ARTICLES cf the Collective B~gaimng A~e, ement shall r~in the ~ame,
Both parties asre~ to initiate bargsinin8 for the coutract period starting
Octobe~ 1, 1998 aRer May 1, 1998.
The terms of this Letter of Asreement shall be ~bject to ratification by thc City
Commission and the Fraternal Ordc~ of Polic~.
ACCEPTED AN~ AC)REED TO this _~~ day of ~/~'4?'g_.CtJ , 1998.
FLORIDA STATE LOI)GE FRATERNAL OKI)ER of POLICE
By: OeO~ese~tat~ve
CITY OF I~OYNTON
By: '~
Dale $ Sugerman, Assistant City Malta&er
1997-1998 AGREEMENT
B~T!~EEN
CITY OF BOYNTON BEACH. ELORIDA
AND
POLICE LIEUTENANTS
FRATERNAL ORDER OF POLICE
04/08/98
CITY~
TABLE OF CONTENTS
Article
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
28
29
30
31
32
33
34
35
04/08/98
Preamble .....................................
Recogni ti on .................................. 2
No Strike or Lock-Out ........................ 3
Non Discrimination ........................... 4
Dues Deducti on ............................... 5
Union Time Pool .............................. 7
FOP Representation ........................... 8
But 1 etin Boards .............................. lO
Informati on Requests ......................... I1
Rights of Lieutenants Under Investigation .... 12
Legal Benefit ............................... 16
Management Ri ghts ............................ 17
Di sci pl i ne and Discharge ..................... 19
Subcontracting ............................... 20
Rate of Pay .................................. 21
On Duty Injuries ............................. 22
Call Back Pay ................................ 24
Court Appearances ............................ 25
Bereavement Leave ............................ 26
Sick Leave ................................... 27
Vacation ..................................... 29
Hol i days ..................................... 31
Funeral Expenses ............................. 33
Medical Expenses ............................. 34
Uni forms ..................................... 36
Trai ni ng ..................................... 38
Personnel Records ............................ 39
Sol ici tati ons ................................ 41
Safety and Health ............................ 42
Use of City Faci 1 i ti es ....................... 43
Hours of Work and Overtime ................... 44
Shift Sel ecti on .............................. 45
Seni ori ty .................................... 46
Transfers and Shift Changes .................. 47
Group Insurance .............................. 48
Tuition Reimbursement ........................ 49
Page
36
37
38
39
4O
41
42
43
44
45
46
47
Departmental Poli ci es, Rul es & Regul ati ons... 50
Off Duty Pol ice Employment ................... 51
Grievance and Arbitration Procedures ......... 52
Past Practices ............................... ' 56
£nti re Agreement ............................. 57
Personal Vehicles ............................ 58
Promotions ................................... 59
Savings C1 ause ............................... 61
Temporary Assignment ......................... 62
Chemical Testing ............................. 63
Management Package ........................... 66
Duration of Agreement ........................ 67
Signature .................................... 68
04/08/98
FOPA CITY~F~-~
-1-
PREAMBLE
Section 1. This agreement is entered into by and between the City of Boynton
Beach, Florida, hereinafter referred to as the "Employer" or "City", and the
Florida State Lodge, Fraternal Order of Police, hereinafter referred to as the
"FOP" or the "Union". It is the intent and purpose of this Agreement to issue
a sound and mutually beneficial working and economic relationship between the
parties hereto: to provide an orderly, prompt and peaceful means of resolving
disputes involving interpretation or application of this Agreement: and to set
forth basic and full agreement between the parties concerning wages, hours,
terms and conditions of employment.
04/08/98 FOP ~
ARTICLE 1
RECOGNITION
-2-
Section 1, The City of Boynton Beach hereby recognizes the FOP as the
exclusive collective bargaining agent with respect to wages, hours and other
terms and conditions of employment for all employees in the bargaining unit.
Section 2. The bargaining unit for which this recognition is accorded is as
defined in the certification granted by the Public Employees Relations
Commission and comprises all full-time police lieutenants, except those
lieutenants assigned as the public information officer with the City of
Boynton Beach. Excluded are all other employees of the City.
04/08/98
FO~ CITY ~-~
ARTICLE 2
NO STRIKE OR LOCK-OUT
-3-
Section 1. The Union agrees that during the term of this contract, it will
not call, countenance or encourage any strike as defined by State law and will
not thereby interfere with the efficient management of the City.
Section 2. The City agrees that during the term of this contract, it will not
lock out members of the bargaining unit.
Section 3. The City recognizes the right of' the Union to engage in lawful
informational picketing, provided that there shall be no interference with the
full and unrestricted right of persons to enter and leave city property.
04/08/98 FOP'~
CITY~
ARTICLE 3
NON-DISCRIMINATION
-4-
Section 1. It is agreed that no employee shall be discriminated against, as
prescribed by State or Federal laws, in their employment because of race,
creed, color, sex, age, national origin, marital status, physical handicap or
membership or non-membership in the Union.
Section 2. Any claim of discrimination by an employee under this Section may
be brought with the appropriate governmental agency.
04/08/98
CITY~
ARTICLE 4
DUES DEDUCTION
-5-
Section 1.
deduction for the purposes of paying Union dues,.
become effective upon acceptance by the City
Any employee covered by this Agreement may authorize a payroll
Such authorization shall
of a fully executed dues
Employees who are currently members of the
deduction form from the employee.
bargaining unit need not execute a new dues authorization card.
Section 2. The Union will notify the City as to the amount of dues. Such
notification to the City shall be from an official of the Union. Changes in
Union membership dues will be certified to the City at least thirty (30) days
prior to the effective date of the change.
Section 3. Dues will be deducted each pay period and such monies shall be
remitted to the Union treasurer once per month, not later than fourteen days.
after the end of the month.
Section 4. The effective date of deducting dues shall be the beginning of the
pay period following the day the dues deduction form is signed. The effective
date for stopping dues deduction shall be at the beginning of the pay period
thirty (30) days following the date the revocation form is received by the
City.
04/08/98 FOP~ CITY_~
-6-
Section 5, The Union will indemnify and hold harmless the City against any
claims brought based on payroll deductions of dues as provided qn this
Article.
04~08/98 FOP"~'
CITY~C~
ARTICLE 5
UNION TIME POOL
-7-
Section 1. The City shall create a time pool of ninety-six (96) hours for
utilization of designated union representatives For the conduct of union
busi ness within and outsi de of the City.
Section 2. In addition, members of the bargaining unit may donate in two (2)
hour increments, and not more than eight (8) per year of vacation time to the
time pool on a form designated by the City.
Section 3. Union representatives shall be released from duty upon reasonable
notice to the Department and approval of the division or bureau commander or
lieutenant. If the needs of the Department do not permit the release of a
particular employee as requested, the release of an alternative member during
the desired time shall be provided.
04/08/98 FOP~
CITY
ARTICLE 6
FOP REPRESENTATION
-8-
Section 1. Neither party in negotiations shall have any control over the
seTection of the negotiating or bargaining representatives of the other party.
The parties shall, at their first bargaining session, exchange a list of
bargaining team members.
Section 2. The City shall recognize up to two (2) FOP representatives for the
purposes of bargaining and any bargaining team members shall be permitted to
attend bargaining sessions which may occur during their regular tours of duty
without any loss of pay but the time for more than two (2) representatives
will be charged to the Union Time Pool, The City shall not be required to
provide overtime to any employee attending negotiations,
Section 3. The parties agree that the FOP may establish a system of stewards
providing for a chief steward and an individual steward on each shift and
division represented by the bargaining unit. Stewards on duty shall be
permitted~ reasonable release time with pay upon approval of the division
commander for the purpose of processing any individual grievance or assisting,
employees at investigatory or di sci pli nary i ntervi ews,
Section 4, In acting in their capacity as FOP representatives within the
04/08/98 FOP~ C ITY~
-9-
Department and not on behalf of themselves, employees shall not be obligated
to observe the departmental chain of command. A representative may not refer
an issue outside of the department without first presenting it to a senior
staff officer who shall be either a captain or deputy chief. This shall not
relieve employees from observing the departmental chain of command except, for
receiving approval of release time with regard to their duty-related
activities, notwithstanding their position as an FOP representative.
04/08/98 FOP_~
CITY
ARTICLE 7
BULLETIN BOARDS
-10-
Section 1. The Union shall be provided with the use of a Lieutenant's Union
bulletin board space at one (1) location in the police building,
Section 2. The Union agrees that it shall use the space on the bulletin
boards only for the purposes of posting notices of Union meetings: notices and
results of Union elections; reports of Union committees: rulings or policies
of the Union: recreational and social affairs of the Union, and notices by
publ i c bodi es.
04/08/98 FOP ~ CITY
ARTICLE 8
IN FORMATION REQUESTS
-1t-
Section 1. The City agrees to furnish to the Union president or designees,
upon request at City cost, documents such as agendas, minutes, financial
reports, etc., of the retirement Board, Civil Service Board, City Commission.
and any other body of the City whose activities may impact on terms and
conditions of employment of bargaining unit members. Access to any other
records shall be governed by Florida Statutes, Chapter Il9.
04/08/98 FOP~
CITY
ARTICLE 9
RIGHTS OF LIEUTENANTS UNDER INVESTIGATION
-12-
Section 1. Whenever a lieutenant employed by the City of Boynton Beach is
subject to interrogation by members of his agency for any reason which could
1 ead to disciplinary action, demotion or dismissal, such interrogation shall
be conducted under the fol lowing conditions:
A. The interrogation shall be conducted at a reasonable hour, preferably at
a time when the lieutenant is on duty, unless the seriousness of the
investigation is of such a degree that immediate action is warranted.
B. The interrogation shall take pl ace in the Boynton Beach Pol ice bui ldi ng.
C. The lieutenant under investigation shall be informed of the rank, name
and command of the officer in charge of the investigation, the
interrogating officer, and all persons present during the interrogation.
All questions directed to the officer under interrogation shall be
asked by and through one (1) interrogator at any one (1) time.
D. The lieutenant under investigation shall be informed of the nature of
the investigation prior to any interrogation and he shall be informed of
the names of all complainants. Before any investigative interview, the
lieutenant under investigation may review the complaint and all written
04/08/98 FOP~ CITY ~
-13-
or oral statements made by the complainant and witnesses prior to the
beginning of the investigative interview.
E. Interrogation sessions shall be for reasonable periods and shall be
timed to allow for personal necessities and rest periods.
F. The lieutenant under investigation shall not be subjected to offensive
language or be threatened with transfer, dismissal, or disciplinary
action. No promise or reward shall be made as an inducement to answer
any questi OhS.
G. The formal interrogation of a lieutenant, including all recess periods,
shall be recorded and there shall be no unrecorded questions or
statements.
H. If the lieutenant under interrogation is under arrest, or likely to be
placed under arrest as a result of the interrogation, he shall be
completely informed of all rights prior to commencement of the
i nterrogati on.
I. At the reque-~t of any lieutenant under investigation, he shall have the
right to be represented by counsel and any other representative of his
choice who shall be present at all times during such interrogation.
J. An employee shall not be obligated to give a second general statement
concerning the same facts elicited in an original statement. This will
04/08/98 FOP'~ CITY ~
-14-
not preclude subsequent statements from being taken for the purpose of
clarifying specific points or when additional information has come to
1 i ght i n the .i nteri m.
K. No mechanical devices, including, but not limited to, polygraphs,
psychological stress evaluators, etc., shall be forced on an employee,
nor shall disciplinary action be taken against an employee who refuses
to submit to such ~testing.
Section 2. All complaints against an employee shall be concluded by a finding
as outlined by the Florida Department of Law Enforcement Division of
Professional Standards and Training.
Section 3. No dismissal, demotion, transfer, reassignment, or other personnel
action which might result in the loss of pay or benefits or which might
otherwise be considered a punitive measure, shall be taken against any
lieutenant unless such lieutenant is notified of the action and the reason or
reasons therefore prior to the effective date of such action.
Section 4. No lieutenant shall-be discharged, disciplined, demoted, denied
promotion, transferred, reassigned, or otherwise discriminated against in
regard to his employment, or threatened with any such treatment, by reason of
his exercise of the rights granted in this part.
Section 5. The parties agree that discipline for cause is necessary in order
04/08/98 FOP~ CITY ~
-15-
to promote efficiency and improve the quality of service. No member shall be
subjected to derogatory or demeaning remarks, yelling, or swearing at any
time. Bargaining unit members shall not be disciplined in front of peers,
subordinates or the public.
Section 6. No member shall be compelled to participate in the investigation
of a citizen complaint or complaint from an outside agency unless the
complainant has first sworn to the truth of the allegations and the complaint
is processed in accordance with current departmental complaint procedures. An
outside complaint is considered any complaint or allegation initiated by
someone not employed by the City of Boynton Beach Police Department.
04/08/98 FOP,'~_
ARTICLE 10
LEGAL BENEFIT
-16-
Section 1. The City agrees to abide by the provisions of Florida Statutes
Sections 111.065, ill.07 and 768.28, in providing a legal defense or
reimbursement for legal services to employees charged in criminal or civil
actions arising out of the course and scope of their employment: provided,
however, that the City shall not be required to pay a judgment when it has
been established by a jury or court that the employee willfully, wantonly or
in reckless disregard of the rights of others.
04/08/98
CITY~
-17-
ARTICLE 11
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 of
1 imi tati on, the City retai ns the excl usi ve right to:
A. Hire, promote, and lay off employees in accordance with the City
of Boynton Beach Civi 1 Service Rules and Regulations,
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 wi th the
specific provisions of this Agreement.
H. Introduce new services, procedures, materials, facilities and
equipment.
I. Mandate physical, medical, and drug testing in accordance with
law. The City agrees to use State Certified Laboratories for all
drug testing.
J. Determine and change the equipment and materials provided to or
not provided to employees.
04/08/98 FOP'~ CITY~
K. Add to or change the qualifications necessary for any
cl assi fi cati on.
Lo
Create, alter or disband
-18-
job
any units based upon the needs of the
Department as determined by the Police Chief.
If the City fails to exercise any one or more of the above functions from time
to time it shall not be deemed a waiver of the City's right to exercise any or
all of such functions. Any right or privilege of the City not specifically
rel i nqui shed by the City in this Agreement shal 1 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 of the change, the change may be
implemented prior to resolution of the impact bargaining.
04/08/98 FOP ~ CITY~
ARTICLE 12
DISCIPLINE AND DISCHARGE
-19-
Section 1. Employees may be disciplined only for just cause. No employee
shal 1 be disci pl ined wi thout notice of the charges setting forth the basis for
such di sci pl i ne.
Section 2. Employees shall have the opportunity to have said disciplinary
action reviewed by the Civil Service Board or through the grievance
arbitration procedure established i n this contract, but not both.
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 di scipl i nary recommendation is made by
the Police Chief within fourteen (14) days of the conclusion of the
i nvesti gati on.
04/08/98
FOP ~
CITY~
ARTICLE 13
SUBCONTRACTING
-20-
There shall be no subcontracting for the life of this Agreement.
04/08/98 FOP J~ CIT~
-21-
ARTICLE 14
RATE OF PAY
Section 1. For the 1997-1998 contract year, the covered employees shall be
eligible to receive a l~ve percent (5%) increase ~ salary (on the employee's
anniversary date). Said increase shall be retroactive to the employee's
anniversary date which falls al=ter October 1, 1997, as long as the employee
has received a satisl=actory or above on theqr performance evaluation.
O4/O8/98
FOP_~ CITY '~
-22-
ARTICLE 15
ON- DUTY IN~lURIES
Section 1. When an employee is totally disabled from duty for a period of no
more than seven (7) calendar days because of an injury determined to be
compensated under the provisions of the Worker's Compensation Act, the
employee shall be entitled to full regular pay. If the period of disability
is greater than seven (7) calendar days, the employee will be eligible to
receive a sum of money up to an amount equal to the difference between his/her
Worker's Compensation check and his/her normal net take home pay.
Section 2. If the period of disability is greater than 180 days, the City may
ask the Pension Board to review said employee's disability case for retirement
due to disability.
Section 3, After 180 days of disability, the employee shall be examined by a
physician selected and compensated by the City to determine the likelihood of-
recove~ If the medical report indicates a likelihood of recovery, the
employee may receive up to 180 days additional disability leave wi th an
interim explanation at the conclusion of 270 days disability leave, tf the
medical report indicates the employee is permanently and totally disabled as a
police officer, the City shall be authorized to terminate the employee for
physical inability to perform.
04/08/98
CITY~
-23-
Section 4. The City shall endeavor to provide light duty police work for
employees disabled in the line of duty.
04/08/98
CITY~
ARTICLE 16
CALL-BACK PAY
-24-
Section 1. In the event that a lieutenant is recalled to duty anytime outside
of his/her regular working hours, the employee shall be compensated for the
actual time worked but in no event less than three (3) hours at time and one-
half (1 1/2) the employee's regular rate of pay.
Section 2. Employees will be called back to duty on the basis of seniority in
the rank of lieutenant. The lieutenant with the most seniori-ty as a
lieutenant will be offered the opportunity first. If that person is not
avail able, or turns it down, the next Lieutenant with the most seniority as a
lieutenant will be offered the opportunity. This manner of offering the
opportunity will continue until the last lieutenant is reached. If no
lieutenant volunteers for the assignment, the City shall have the right to.
assign the duty by inverse seniority.
04/08/98 FOP~--'~
CITY(~
ARTICLE 17
COURT APPEARANCES
-25-
Section 1. When required to respond to court, deposition, subpoena, or any
other judicial or administrative proceeding arising out of a member's duty as
a police officer, and not involving the officer as a plaintiff or whose
interest is affected by the plaintiff, the-employee shall De paid a minimum of
three (3) hours per day at time and one-half (1 1/2) the employee's regular
rate of pay, unless such court appearance occurs during the employee's regular
working hours.
Section 2. If court appearance is contiguous with the end of the employee's
shift, court time shall be compensated as any other over time assignment.
04/08/98 FOP'~
CITY~
ARTICLE 18
BEREAVEMENT LEAVE
-26-
Section 1. In the event of the death of the parent, foster parent, sibling,
spouse, child, grandparent, grandchild, mother or father-in-law, sister or
brother-in-law, grandparents of spouse and any permanent family member of the
household such employee shall be entitled to paid compassionate leave not to
exceed three (3) consecutive calendar days for any one death. However, if it
is necessary for the employee to leave to State in connection with the
internment of the deceased, five (5) days compassionate leave shall be
allowed. Additional leave may be authorized by the Chief or his/her designee
on a case-by-case basis, except that such additional leave shall be debited
against the employee's accrued sick or annual leave.
Section 2. Employees must verify attendance at out-of-state internment in
writing in order to be eligible for benefits under 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 1 eave.
04/08/98
CITY~
-27-
ARTICLE 19
SICK LEAVE
Section 1. Employees will earn ninety~six (96) hours o1: sick leave per year
at the rate of eight (8) hours per month. The use of sick leave will be in
accord wi th the Civi 1 Servi ce Rul es and Regulations.
Section 2. Employees who have more than one hundred twenty (120) hours of
sick leave as of October 1, o1: any contract year, may convert 50% of the
excess over one hundred twenty (120) hours to a cash straight time payment not
to exceed one hundred (100) hours in the contract year. Those hours over one
hundred twenty (120) hours not converted in this contract year may be
converted in the next contract year. This provision shall not be applicable
for fiscal year 1993-95 and shall be subject to the collective bargaining
process for subsequent 1:iscal years°
Section 3. It shall be the policy o1: the City to permit an employee the
opportunity o1: donating accrued sick leave time, provided the contributing
employee has 120 hours accrued sick leave, to a designated employee whenever
extraordinary circumstances require the designated employee to be absent 1:rom
work for a lengthy period o1: time, and when the employee has exhausted all
accrued sick leave and annual leave to the equivalent of his/her current
annual earned vacation rate. Extraordinary circumstances shall be defined as
04/08/98 FOP_~ CITY~
-28-
lengthy hospitalization, critical illness, or injury. When there appears to
be a need to share sick leave in accord with this Article, 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 to the Personnel Office for proper charge to
sick leave records. Time used will be used in order listed on appropriate
form supplied by the Union Steward.
Section 4. Sick leave for medical appointment can be scheduled more than 48
hours in advance and cannot be changed by the Department except in the event
of a clear need by the Department.
Section 5. No member shall be placed on restricted sick leave prior to being
counselled by the division commander informing the member of the reasons and
allowing them an opportunity to explain the situation. If after counseling a
problem continues, the member will be notified in writing and placed on
restricted sick leave. A member will be on--for a maximum of six (6)
months. At the end of six months, the member will be advised in writing if
the Department intends on extending the restricted sick leave.
Section 6. At the employee's .option, the employee may convert excess sick.
time as defined in accordance with Section 2 to vacation time not to exceed
forty (40) hours, to be transacted in the first month of the calendar year.
04/08/98 FOP_~ CIT~
ARTICLE 20
VACATION
-29-
Secti on 1.
Rul es.
Secti on 2.
Secti on 3.
Vacation shall be accrued in accordance with the Civil Service
Seniority wilt prevail in the granting of vacations'.
Vacation requests may be submitted from forty eight (48) hours to
thirty (30) days in advance. In the event of dual requests for vacation
dates, the senior member's request shall prevail if it was submitted twenty
one (21) days prior to the date or dates requested. Vacations of three (3)
days or less may be made within twenty-four (24) hours advance notice,
provided that the City incurs no overtime in the granting of such request.
Section 4. Requests for emergency vacation leave shall be individually
considered by the Chief of Police.
Section 5. Management reserves the right to approve or deny vacation leave
based upon the operational needs of the department. Vaca%on privileges shall
not be suspended or canceled except as specifically set forth in this
Agreement or in time of declared emergency, as defined in this Agreement. The
exercise of management's rights under this Section shall not be arbitrary or
capricious.
04/08/98 FOP~
CITY~~
-30-
Section 6. All Lieutenants shall receive in addition to the existing vacation
accruals, 32 hours of personal time which may be used in four hour increments'
(non-accumulative and cannot create an overtime situation). The parties agree
for contract year commencing 10/1/94 through 9/30/95 an additional 20 hours of
personal time will be credited to each bargaining unit member, with the
stipulation that all requests for usage are approved by the Police Chief, and
that any denial of the use of this time by the Police Chief is not grievable.
The 20 hours are not accruable and must be used by the bargaining unit member
prior to 9/30/95. These 20 hours will not carry over past 9/30/95.
04/08/98 FOp~ CITY
ARTICLE 21
HOLIDAYS
-31-
Section 1.
Regulations in effect as of October 1, 1990.
Section 2. Holiday pay will be at one and one-half (1 1/2) times
employee's regular rate of pay, whether o.r not the holiday is worked.
Section 3.
A.
Bo
Do
04/08/98
Holidays will be in accordance with the Civil Service Rules and
the
Holiday Conversion. 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.
Members who sign up for this section must do so between October
1st and October 31st of each contract year with the Bureau of.
Admi ni strati on,
Members exercising this option for conversion will be paid only
straight time for the hours worked on the holiday.
Members whose regul ar days off are on a holiday will receive their
normal weekly pay.
Members leaving the service who participated will owe the City for
FOPv'~ CITY~
-32-
those holidays they were not on the payroll either through loss of
vacation credits or deduction from funds due from the City.
Members may elect to take the holiday off and at their option
deduct eight (8) hours vacation or take the holiday off without
pay.
04/08/98
FOP~ CITY ~~)
-33-
ARTICLE 22
FUNERAL EXPENSES
Section 1. The City will make a reasonable payment of funeral costs to the
beneficiary of bargaining unit employees killed in the line of duty not
otherwise provided by State or Federal law.
Section 2. All employees shall, o~ a form to be supplied by the Personnel
Director or his/her designee, designate by name and address, the individual to
whom such funds are to be paid,
04/08/98
CITY~(~
ARTICLE 23
MEDICAL EXPENSES
-34-
Secti on 1.
Opti on 1.
electro-cardiogram and
approved by the City.
Members will receive and shall be obliged to take an annual
physical examinations by licensed physician
If the City selected doctor is used, scheduling
shall be at the discretion of the Department and the results will become
part of the employee's permanent record. Said medical records shall be
exempt from public inspection, as provided by Chapter 11~9, Florida
Statutes. The City shall bear the cost of the examination.
Option 2. A member may elect his/her own private physician if approved
by the City and the City is obligated to pay only a portion of the fee
not to exceed One Hundred ($100) Dollars upon proper receipt. Said.
medical records shall be exempt from public inspection, as provided by
Chapter 119, Florida Statutes.
Section 2. Any condition of disability resulting from Hepatitis, Acquired
Immune Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or
Herpes Simplex I, established to have been occurred in the line of duty shall
be covered the same as other duty injury.
04108/98 FOP~ CITY~
-35-
SectiOn 3. Beginning at the age of 30 and every other year thereafter, the
employees shall be provided a twelve lead EKG and cardiac stress test to be
paid for by the City and to be performed at a City designated medical
facility. A hepatitis "B" vaccine series shall also be offered by the City to
all bargaining unit members at no cost to the member.
Section 4. At the members discretion he may request an AIDS and/or Hepatitis
screen at the time of his annual physical. The cost to be paid for by the
City. The results of the AIDS test shall remain confidential.
Section 5. The City shall bear the costs involving lead testing for the Range
Instructor(s).
04/08/98
CITY~F~
-36-
ARTICLE 24
UNIFORMS
Section 1. The City will supply those parts of the uniform that the City
requires police lieutenants to wear on duty. The City will supply
replacements for the parts of the uniform when replacement is appropriate, as
determined by the Chief of Police, and i f adequate funds are avail able in the
City' s budget.
Section 2. Effective on the date of this Agreement, lieutenants who are
members of the bargaining unit and assigned to plain clothes duty will receive
a maximum of $1,000.00 per contract year, paid in $250 installments at the end
of each quarter and pro-rated as appropriate when assigned during each quarter
to pl ain clothes duty. The City wi 11 repl ace civi 1 i an clothes of 1 ieutenants
purchased with the annual allowance when such clothes are damaged in the line
of duty. The City will replace civilian cl'othes to uniformed officers
assigned to plain clothes duty when the clothes are damaged in the tine of
duty. The replacement will require the approval of the Chief of Police. The
Lieutenant 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. This allowance shall commence from the date
of assignment on a pro-rate basis.
04/08/98 FOP CITY
-37-
Section 3. Lieutenants assigned to plain clothes duty for more than three (3)
months at a time will receive clothing allowance in accordance with the above
for the three (3) months and pro-rated thereafter.
Section 4. 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 the City. Lieutenants assigned to plain clothes duty will be
given a cash cleaning supplement reasonably equivalent to that of the
Lieutenant. This will be paid at the end of each quarter of the contract
year. This allowance shall commence from the date of assignment on a pro-
rated basis.
Section 5. Lieutenants assigned to plain clothes duty for more than three (3)
months at a time will, for that three months period, be given a cash cleaning
supplement equivalent to that given lieutenants and pro-rated thereafter.
These payments for lieutenants assigned to plain clothes duty will substitute
for the normal c~eaning allowance for lieutenants.
04/08/98
CITY]~
ARTICLE 25
TRAINING
-38-
Section 1, All training required of the lieutenant by the Police Department
when off duty shall be compensated at the rate of time and one-half (1 1/2)
the employee's regular rate of pay.
Section 2. The Police Chief will decide on the Department's training program
according to his judgment of the needs and requirements and potential for each
member of the Department.
04/08/98 FOP'~'
CITY~
ARTICLE 26
PERSONNEL RECORDS
-39-
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 choosing to inspect the personnel records wi th 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 3. A personnel file for all City employees is maintained by the City
Personnel Department. The City will purge these files of disciplinary actions
in accord with the appropriate Florida State Statute. The purging will take
04/08/98 FOP~ CITY~
-40-
place when the Personnel Department notes that it is time for a record to be
purged or when an employee, in writing brings the matter to the attention of
the Personnel Director. An employee may request, in writing, that specific
items be kept in his/her Personnel file.
Section 4. All citizen complaint files and Internal Affairs investigations
will be governed by Florida State Statutes and the Public Record destruction
gui del i nes.
04/08/98 FOP ',~'
CIT~
ARTICLE 27
SOLICITATIONS
-41-
No member shall be forced to attend or participate in solicitations for
monies, membership or sales by any outside group (charities, insurance
companies, religious organizations, etc.') while on duty or at roll call.
04/08/98 FOPS' CITY~
ARTICLE 28
SAFETY AND HEALTH
-42-
Section 1. The City agrees that it will conform to all State and Federal laws
concerning safety, health, sanitation and working conditions, when said laws
are specifically applicable to public employees.
Section 2. Protective devises, wearing apparel and other equipment necessary
to protect employees from injury shall be provided and maintained in proper
working condition by the City at no cost to the employee.
04/08/98
FOP~~ CITY ~___~
ARTICLE 29
USE OF CITY FACILITIES
-43-
The FOP shall be entitled to the use of City facilities to conduct Union
business at the same cost assessed to other groups or other Police Department
acti vi ti es.
04/08/98
FOPS,i' CITY~
ARTICLE 30
HOURS OF WORK AND OVERTIME
-44-
Section 1. The normal hours of work for bargaining unit members shall be five
(5) days per week at eight (8) hours per day.
Section 2. No work schedule, days off, hours of work, etc., shall be changed
primarily for the purpose of avoiding the payment of overtime.
Section 3. No person shall be required to work more than sixteen (16) hours
at one (1) time, except in a declared emergency. For the purposes of this
section and this agreement, an emergency shall be a natural disaster, (flood,
hurricane, etc.) or man-made disaster (riot, mass civil unrest, etc.) or other
:ncident which directly threatens the health and safety of the citizens of
Boynton Beach.
Section 4. Any employee who works in excess of.. the normal work daf or the
normal work week shall be entitled to pay, for those hours in excess of the
normal work day or the normal work week, at the rate of time and one-half (1
1/2) the employee's regular rate of pay.
04/08/98
CITY
ARTICLE 31
SHIFT SELECTION
-45-
Section 1. The Department shall have the discretion to determine the number
of persons assigned to each shift and division within the Department. The
City reserves the right to assign Lieutenants to a particular division within
the Police Department.
Section 2, The City may designate the number of slots assigned to each shift,
Thereafter the employees shall choose slots by seniority, The Department
shall have discretion to change the junior sergeant for training purposes,
The right to select shift shall not apply to probationary lieutenants,
04/08/98 FOP'~ CITY~~b
¥--
ARTICLE 32
SENIORITY
-46-
Section 1. Seniority shall be computed from the date of promotion ~
sergeant. If two (2) lieutenants have the same date of promotion, the date of
initial appointment to the service of the City as a police officer shall be
the determining factor.
Section 2. Seniority shall accumulate during all authorized leaves,
Section 3. Seniority shall be the determining factor for the selection of
vacations and overtime assignments.
Section 4. The City shall have the right to determine the number of
lieutenants assigned to each division and each shift.
Section 5. For lay-offs and other non-disciplinary reductions in personnel
the foregoing procedure shall apply that Senior.Classes will displace Junior
Classes. An example would be: if a police lieutenant's position is to be
abolished, the incumbent wi th the least seniority in the position of
lieutenant would displace a Police Sergeant, who would displace a Police
Detective, who would displace a Police Officer, who would displace any
probationary or provisional or temporary, or be separated as the case may
requi re.
04/08/98 FOP .~ CITY~
ARTICLE 33
TRANSFERS AND SHIFT CHANGES
-47-
Section 1. No member shall be transferred nor have his/her shift or schedule
changed, including days off, without forty-eight (48) hours notice, except in
time of emergency, as elsewhere defined in this Contract. If a member suffers
a transfer or shift change, as defined in this Agreement, without forty-eight
(48) hours notice and without the consent of the employee, all time worked on
the first newly assigned shift or workday shall be at the overtime rate.
Section 2. Members may request to exchange shifts, provided that exchange is
approved, which approval shall not be unreasonably withheld, and the City
shall not be obligated to pay overtime.
04/08/98 FOP~// CITY~~
ARTICLE 34
GROUP INSURANCE
-48-
Section 1. The City shall provide a Fifty Thousand Dollar ($50,000.00) life
insurance policy to all bargaining unit members at no expense to the employee.
The pol icy shal 1 bear a double i ndemni fy provi sion for death occurring in the
line of duty. This shall be in addition to any other benefits required by
State or Federal law.
Section 2, The City shall provide one hundred percent (100%) of the cost of
individual coverage in a group heal th insurance policy.
Section 3. The health and dental insurance coverage currently in effect shall
not be reduced through the life of this contract.
04/08/98
CITY~
ARTICLE 35
TUITION REIMBURSEMENT
-49-
Section 1.
and books
university.
Section 2.
The City shall provide an incentive in the form of paid tuition
for members who choose to attend an accredited college or
The member shall initially pay and be reimbursed by the City upon
and/or
presentation of documented completion of the course. College
University program m'ust be initially approved by theCity Manager.
Section 3. Members attaining a grade of "A" or "B" shall be reimbursed for
100% of the cost of a course. Members attaining a grade of "C" shall be
In the event that a course is a
course, a grade of passing shall be treated as a
Employees shall receive no compensation for grades below
reimbursed for 50% of the cost of a course.
mandatory pass/fail
satisfactory grade.
a "C".
Secti on 4.
criminal
Coucses must lead to a degree in the fields of law enforcement,
justice, public administration, or any other similar police
profession discipline that may, in the opinion and with the approval of the
City Manager enhance the member's performance as a law enforcement officer.
04/08/98
CITY
ARTICLE 36
DEPARTMENTAL POLICIES, RULES AND REGULATIONS
-50-
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 specific
provisions of this Agreement, the Agreement shal 1 control.
Section 2. Nothing in this Section shall constitute a waiver of the Union's
right to impact bargaining as defined in Chapter 447, Part II, Florida
Statutes (the Florida Public Employee's Relations Act). In the event the City
wishes to amend, revise or implement any new rule, it shall give ten (10) days
notice to the Union.
04/08/98
CITY
ARTICLE 37
OFF- DUTY POLICE EMPLOYMENT
-51-
Section 1. Off-duty police employment shall be defined as any police-related
duty that is performed or administered by a sworn employee which is paid for
by a private entity, through the City of Boynton Beach.
Section 2. When City facilities are used by other agencies or persons, any
desired security arrangements shall be at the option of the user. If the user
and/or the City determines that certified police officers are to be required
at any public event, only Boynton Beach Police Department personnel shall be
used.
04/08/98 FOP~ C ITY~
-52-
ARTICLE 38
GRIEVANCE AND ARBITRATION PROCEDURES
Section 1. A grievance is defined as a dispute between the City and the
Union, or the City and one or more employees, who are members of the
bargaining unit, concerning the interpretation or application of, or
compl i ance wi th specific terms of this Agreement.
Section 2. Grievances shall be settled in accordance with the following
procedure:
Step 1. An employee shalt attempt to resolve any grievance with the
immediate supervisor within ten (10) working days of its
first occurrence or within ten (10) working days from the
time the employee became aware of the cause ol= the
complaint. A Union steward may be present if so requested.
Discussion shall be informal for the .purposes of settling
the dispute. The decision of the immediate supervisor shall
be given orally to the employee no later than ten (10)
working days after the discussion.
Step 2. If the grievance has not been resolved to the satisfaction
of the employee at Step 2, the grievance may be reduced to
writing on a standard grievance form signed by the employee
04/08/98 FOPS_ CITY ~]~
Step 3.
Step 4:.
04/08/98
-53-
and presented to the Captain within ten (10) working days
after the immediate supervisor's response was rendered at
Step 1. The Captain shall conduct a meeting with the
affected employee or employees and the Union steward within
ten (10) working days of receipt of the written grievance
and shall reply to the affected employees and the Union in
writing within ten (10) days after the close of the meeting.
If the grievance is not settled to the satisfaction of the
employees at Step 2, the decision may be appealed by
presenting the written grievance to the Police Chief not
later than ten (10) days after receipt of the decision by
the Captain. The Police Chief shall conduct a meeting with
the affected employees and Union steward within ten (10)
working days after receipt of the grievance and shall reply
to the affected employees and the Union in writing within
ten (10) working days following the close of the meeting.
If the grievance i.s not resolved to the satisfaction of the
employee at Step 3, the Police Chief's decision may be
appealed to the City Manager not later than ten (10) working
days after receipt of the Step 3 decision. The City Manager
FO~ CITY~
-54-
shall meet with the affected employees and the Union steward
within ten (10) working days following receipt of the
grievance and shall reply in writing within ten (10) working
days following the close of the meeting.
Section 3. For the purposes of this Article, a working day shall be 8:00 A.M.
to 5:00 P.M., Monday through Friday, exclusive of holidays observed by the
City,
Section 4. Time limits set forth above may be lengthened or shortened by
mutual agreement in writing. In the event that the Union or any employee
shall fail to abide by the time limits provided herein, the grievance shall be
deemed abandoned.
Section 5. In accordance with State law, the Union shall not be obligated to
process the grievance of a non-member.
Section 6. The Union shall have the right to file grievances in its own name
in the third step of the grievance procedure or any non-disciplinary matter
involving the interpretation or application of this Agreement.
Section 7. If any grievance is not satisfactorily resolved at the City
Manager level, the Union shall have the right to demand arbitration within ten
(10) days of receipt of the City Manager's decision. Arbitration proceedings
shall be conducted in accordance with the American Arbitration Association
04108/98 FOP_~' CITY ~
procedures.
Secti on 8,
-55-
The arbitrator shall have exclusive jurisdiction and authority to
resolve grievances as defined in this Agreement. The arbitrator shall have
the authority to issue subpoenas enforceable in any court of competent
jurisdiction and shall administer oaths to all witnesses testifying in any
proceedings.
Section 9. The arbitrator shall have no power to change, amend, add to,
subtract from, or otherwise alter or supplement this Agreement or any part
thereof or any amendment thereto.
Section 10. The findings of the arbitrator made in accordance wi th this
Agreement shall be final and binding on all parties. The arbitrator's
decision shall be in writing and shall set forth the arbitrator's findings and-
conclusions on the issues submitted unless otherwise agreed by the parties.
Section il. The costs for services of the arbitrator shall be borne equally by
the parties. Any employee who is a grievant in a grievance proceeding shall
have the right to attend the arbitration at no loss of pay and time will be
charged to the Union time pool.
Section 12. Either party to this Agreement desiring for a transcript of the
arbitration shall be responsible for the cost of the transcript unless
otherwise agreed to in writing by the parties.
04/08/98 FOP~ CITY~
ARTICLE 39
PAST PRACTICES
-56-
All employment practices listed below shall remain in effect:
Co
Lockers.
Locker room shower, gym.
Shoes every six (6) months.
Provide weapons, equipment, gear appropriate to assignment.
Bul let proof vests.
Jackets, raincoat, boots.
Desk space, office supplies.
Approved and required travel expenses.
Use of City vehicl es for court when avai 1 able.
Three (3) complete uniforms pen year, as needed.
04/08/98
CITY
ARTICLE 4O
ENTIRE AGREEMENT
-57-
The parties agree that this Agreement constitutes the full and complete
understanding of the parties.
04/08/98 FOP~
CITY~
ARTICLE 41
PERSONAL VEHICLES
-58-
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 resol Ution, excluding mi leage travel ed to and form
the normal work location.
Section 2. For the purpose of this Article, the performance of police duties
shall include attendance at court, depositions, administrative hearings,
conferences with City officials, schools and seminars.
04/08/98 FOP ~ CITY~
ARTICLE 42
PROMOTIONS
-59-
Section 1. All testing for promotional positions shall be in accordance with
the City of Boynton Beach Civil Service Rules and Regulations.
Section 2. Should the Department determine to utilize an oral board as a
component of the testing procedure, said board shall consist of at least three
(3) persons, who are law enforcement officers of equal or greater rank from
jurisdictions other than the City of Boynton Beach.
Section 2. All decisions and scoring by the board shall be made at the
conclusion of the interviews and must be ar~rived at a joint meeting.
Section 4. If possible, a Union representative who is not eligible for
promotion shall be present as an observer at all times while the board is
seated and charge time to the Union Time Pool if on duty.
Section 5. Whenever possible no numerical score shall be known by any person
until the completion of the entire promotional testing process. Where passage
of a component of the test is a necessary element of advancement to the next
component of the test, employees and assessing personnel shall be notified
only that an employee is eligible or not eligible to advance in the
promotional process whenever possible.
04/08/98 FOP ~- CITY ~
-60-
Section 6. Members passed over for promotion under the "Rule of Three" as
provided by the Civil Service rules and regulations of the City may reapply
for review to the City Manager whose decision shall be final.
04/08/98
FoP
CITY
ARTICLE 43
SAVINGS CLAUSE
-61-
Section 1. If any Article or section of this Agreement should be determined
by a court of competent jurisdiction to be in conflict with any existing or
subsequently enacted legislation or judicial decision, all other Articles and
sections of this Agreement shall remain in full force and effect with it being
presumed to be the intent of the parties that the invalid language be
stricken.
Section 2. In the event of such a determination, the parties shall meet
with~in thirty (30) days for the purpose of negotiating a substitute provision.
04/08/98
ARTICLE 44
TEMPORARY ASSIGNMENT
-62-
Section 1, Lieutenants acting in the capacity of Senior Staff Officer shall
be paid five percent (5%) above the Lieutenant's regular rate of pay.
Section 2. The provisions of this Article shall not apply to persons
performing other than regular road patrol duties, including details.
04/08/98
-63-
ARTICLE 45
CHEMICAL TESTING
Section 1. The FOP and the City agree that the maintenance of professional
standards and the public confidence requires that there be a work place free
from substance abuse (i ncl udi ng al cohol ).
Section 2. Should any commander have a reasonable suspicion based upon
observable, objective factor to believe that a member of the bargaining unit
is under the influence of a controlled substance he may order the bargaining
unit member to submit to a chemical test in accordance with the provisions of
this article.
Section 3. Chemical tests may be performed either through urinalysis, blood
testing or hair cuttings. The choice of the test shall be that of the
employer. At the time a sample is drawn, the sample shall be divided into two
Portions with a second portion reserved for any necessary retests that may
occur in accordance with the provisions of this article.
Section 4, All tests shall first be performed through the use of an EMIT
screening procedure. In the event that the EMIT test results in a positive
finding for controlled substances the test shall be confirmed through the use
of a GCMS test.
No test shall be considered final until confirmed by a GCMS
test.
04/08/98 FOP_~ CIT_~
-64-
Section 5. In the event that an employee is found to have a positive test as
confirmed by GCMS, the employee may utilize the reserved sample for a
confirmatory test to be performed at a laboratory of the employee's choice.
In the event that the confirmatory test is positive, the employee may be
subject to disciplinary action. Any employee who, on his own initiative,
volunteers to participate in a substance abuse rehabilitation program when
such request to participate occurs prior to a chemical test, the employee
shall be permitted to utilize accrued vacation and/or sick leave to the extent
that such sick leave exists during the tenure of the rehabilitation program.
Any employee volunteering to participate in such a program shall not be
subjected to any disciplinary action.
Section 6. All records of chemical testing and participation in
rehabilitation programs shall be treated as medical records and therefore
exempt under the Florida Public Records Law.
Section 7. Nothing in this section shall prohibit the City from directing
that an employee submit to physical examination when the employee has reason
to believe that the employee is otherwise unfit for duty,
Section 8. All chemical tests shall be performed in accordance With accepted
scientific standards for the collection of chemical test samples and the
requirements of chain of custody shall be observed. Employees required to
CITY~
04/08/98 FOP'~
-65-
submit to a chemical test shall, upon request, have the right to be
accompanies by a union representative at all stages of the testing procedure.
04/08/98
FoP ~
CITY~
ARTICLE 46
MANAGEMENT PACKAGE
-66-
Lieutenants shall continue to receive the management package while in effect.
Management has the exclusive right to delete this benefit provided it is
deleted on a city wide basis.
04/08/98
CITY~
ARTICLE 47
DURATION OF AGREEMENT
-67-
Section 1. This agreement shall become effective October 1, 1997 and shall
continue in full force and effect up through and including September 30, 1998.
Section 2. This Agreement shall be for a period of one (1) year. Both parties
agree to initiate bargaining for the contract period starting October 1, 1998
after May l, 1998~
04/08/98
FOPS'
CITY~
-68-
Agreed to this day of 19 by and between
the respective parties through the authorized representatives of the Union and
the City.
BY-
Witness
POLICE LIEUTENANTS
Chi ef' RepPesentati ye
Witness
Wi tnes~ - ~
CITY OF BOYNTON BEACH
ATFEST-
Ci t~/C1 er k
APPROVED AS TO FORM
04/08/98
CIT~
-69-
Rati fled by City
Date
Commission
Rati fi ed by Union Members
Date
04/08/98
Fop t~
CITY~