Loading...
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~