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R98-064THIS PAGE HAS BEEN AMENDED TO CORRECT A SCRIVENER'S ERROR AND IS ATTACHED TO THE ORIGINAL RESOLUTION NO. R98-64 RESOLUTION R98- 64 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 - SERGEANTS 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 - Sergeants 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 - Sergeants 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 ~7' day of April, 1998. CITY OF BOYNTON BEACH, FLORIDA [/layo~ ~ Commissioner ATTEST: Ci~ Clerk 1997-1998 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND POLICE SERGEANTS FRATERNAL ORDER OF POLICE 04/08/98 Fop Z~ TABLE OF CONTENTS Arti cl e 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 04/08/98 Preamble ..................................... 1 Recogni ti on .................................. 2 No Strike or Lock-Out ........................ 3 Non Discrimination ........................... 5 Dues Deducti on ............................... 6 Union Time Pool .............................. 8 FOP Representati on ........................... 9 Bulletin Boards .............................. 11 Information Requests ......................... 12 Rights of Law Enforcement Officers Under Investigation ......................... 13 Management Ri ghts ............................ 14 Di sci pl i ne and Discharge ..................... 16 Rate of Pay .................................. 17 On Duty Injuries ............................. 18 Call Back Pay ................................ t9 Stand By Pay ................................. 21 Court Appearances ............................ 22 Bereavement Leave ............................ 23 Si ck Leave ................................... 24 26 Vacation ..................................... Hol i days ..................................... 28 Funeral Expenses ............................. 30 Medical Expenses ............................. 31 Uni forms ..................................... 33 35 Trai ni ng ..................................... Personnel Records ............................ 36 Sol ici tati ons ................................38 Safety and Health ............................ 39 Use of City Faci 1 i ti es ....................... 40 Hours of Work and Overtime ................... 41 Shift Scl ecti on .............................. 43 Seni ori ty .................................... 44 Transfers and Shift Changes .................. 45 Group Insurance .............................. 46 Tui ti on Reimbursement ........................ 47 FOP~ City i~ Page 35 36 37 38 39 4O 41 42 43 44 45 Departmental Policies, Rules & Regula'ti6hS.'.. Speci al Detai 1 s .............................. Grievance and Arbitration Procedures ......... Past Practices ............................... Enti re Agreement ............................. Personal Vehi ctes ............................ Promoti OhS ................................... Temporary Assignment ......................... Savings Clause ............................... Chemical Testing ............................. Duration of Agreement ........................ Si gnatures ................................... 48 49 5O 54 55 56 57 59 60 61 66 65 04/08/98 -t- 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 dated March 18, 1988, and comprises all full-time police sergeants with the City of Boynton Beach. Excluded are all other employees of the City. 04/08/98 Fop 4¢ ARTICLE 2 NO STRIKEOR LOCK-OUT -3- Section 1. "Strike" means the concerted failure to report l=or duty, the concerted absence of Sergeants from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstqnence qn whole or in part by any group of Sergeants from the full and faithful performance of their duties of employment w~th the C~ty, participation in a deliberate and concerted course of conduct which adversely affects the servq, ces of the City, picketing or demonstrating in furtherance of a work stoppage, e~ther during the term of or after the expiration of a collective bargaini ng agreement. Section 2. Neither the Union, nor any of its officers, agents and members, nor any employee organization members, covered by this Agreement, will ~nstigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. Section 3. Each Sergeant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bring about compliance with this Article and the str~ ke prohibition in Florida Statutes 04/08/98 FOP ~ City~ 447.505 and the Constitution of the State of Florida, Article 1, Section 6. Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others- and their responsibility, in event of breach of this Article or the law by other employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publ i cly. Section 4. Any or all Sergeants who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall not be grievable or arbitrable under the provisions of Article 47 Grievance and Arbitration Procedures. 04/08/98 Fop City ARTICLE 3 NON-DISCRIMATION -5- 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, but may not be grieved under the Contract. 04/08/98 FOP ~ City ARTICLE 4 DUES DEDUCTION -6- Section 1. deduction for the purposes of paying Union dues. become effective upon acceptance by the City of Any employee covered by this Agreement may authorize a payroll Such authorization shall a fully executed dues deduction form from the employee. Employees who are currently members of the 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 d~ City ~ -7- Section 5. The Union will indemnify and hold harmless the City against any claims brought based on payroll deductions ol~ dues as provided in this Arti cl e. 04/08/98 Fop City ARTICLE 5 UNION TIME POOL -8- 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 business within and outside 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 -9- Section 1. Neither party in negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. The parties shall, at their first bargaining session, exchange a list of bargaining team members. Section 2. The City shall recognize up to three (3) 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 three (3) representatives will be charged to the Union Time Pool. The City shall not be requi red 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 or bureau lieutenant for the purpose of processing any individual grievance or assisting employees at investigatory or disciplinary interviews. Section 4. In acting in their capacity as FOP representatives within the -10- Department and not on behalf of themselves, employees shall not be obligated to observ~ the Departmental chain of command. A representative may not refer an issue utside of the department without first presenting it to a senior staff of- icer. This shall not relieve employees from observing the Departmental chain of command except for receiving aDproval of release time with regal'd to their duty-related activities, notwithstanding their position as an FOP representative. 04/08/98 Fop ARTICLE 7 BULLETIN BOARDS -11- Section 1. The Union shall be provided wi th the use of a Sergeant's Union bul 1 eti n board space at one (1) location i n the pol ice bui 1 di ng. 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 ~ -12- ARTICLE 8 INFORMATION REQUESTS 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 ii9. 04/08/98 Fop Ci ty~ ARTICLE 9 RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION -13- The City of Boynton Beach agrees that all rights of Law Enforcement Officers under investigation detailed and granted by Florida Statutes, Section 112,522(1)(a)-(i) will be observed and practiced. 04/08/98 FOP City -14- ARTICLE 10 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 limitation, the City retains the exclusive right to: A. Hire, promote, and lay off employees in accordance with the City of Boynton Beach Civil Service Rules and Regulations. B. Discharge and suspend employees for cause. 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 provi si ons 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 testi rig. Determine and change the equipment and materials provided to or not provided to employees. 04/08/98 FOP ~ CitY ~J~~S~ K, Add to or change the cl assi fi cati on. L. Create, alter or disband -15- qualifications necessary for any 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 nquished by the City in this Agreement shall remain with the City. Section 2. In the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented prior to resolution of the impact bargaining. 04/08/98 FOP City ARTICLE 11 DISCIPLINE AND DISCHARGE -16- Section 1. Employees may be disciplined only for just cause. No employee shall be discipl i ned without 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 in this contract, but not both. Section 3. The parties recognize that timel i ness of di sci plinary action is an essential element of due process. Accordingly, no employee shall be subjected to disci pl i nary action unless a fi hal disciplinary recommendation i s made by the Police Chief within fourteen (14) days of the conclusion of the i nvesti gati on. 04/08/98 Fop City -17- ARTICLE 12 RATE OF PAY Section 1. Those employees who are selected members of the SRT team shall be compensated an additional 10% for hazardous duty when said team is actually called to duty. Members of the Organized Crime Bureau and Directed Patrol who are active shall receive a 5% pay supplement. No employee shall receive more than one assignment pay. Section 2. For the 1997-1998 contract year, the covered employees shall be eligible to receive a five percent (5%) increase in salary (on the employees anniversary date). Said increase shall be retroactive to the employee's anniversary date which falls after October 1, 1997, as long as the employee has received a satisfactory rating or above on their performance evaluation. 04/08/98 FOP ~ City ~ ARTICLE 13 ON-DUTY INJURIES -18- 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. tf 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. Following three hundred sixty (360) days loss of duty due to a service-connected injury, the City shall be authorized to dismiss the employee for physical i nabi 1 i ty to perform wi thin the employee' scl assi fi cati on, Section 4. The City shall endeavor to provide light duty police work for employees disabled in the line of duty. 04/08/98 Fop City ARTICLE 14 CALL-~BACK PAY -19- Section 1. In the event that a sergeant 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 (2) 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 fol 1 owl ng procedure: A. 04/08/98 on the basis of the Members of the uniform patrol division which include traffic who are regularly scheduled to work the shift or tour preceding or tour experiencing the vacancy will be offered the position first. by order of seniority. Members of the uniform patrol shift not regularly scheduled to work on the day the shift or tour experiencing the vacancy will be offered the position next, by order of seniority. If the vacancy remains, the members of the uniform patrol shift who are regularly scheduled to work the shift or tour Following the shift or tour experiencing the vacancy will be offered the position, by order of seniority. FOP ~ City ~~) Go -20- If the vacancy remains, the members of the uniform patrol shift who are not regularly scheduled to work the shift or tour preceding the shift or tour experiencing the vacancy will be offered the position, by order of seniority. If the vacancy remains, the members of the uniform patrol shift who are not regularly scheduled to work the shift or tour following the shift or tour experiencing the vacancy will be offered the position, by order of seniority. If the vacancy remains the position will be offered to non-patrol members such as Sergeants assi g ned to the Detective, Admi ni strati ve or Community Poli ce Di vi si ons by seni ori ty. If the vacancy remains the position may be offered to lieutenants. In the event that the vacancy remains and it becomes necessary to order individuals to work to fill individual shift or tour vacancies, then selections shall be by inverse seniority (junior sergeant fi rst). 04/08/98 FoP ARTICLE 15 STAND-BY PAY -21- Section 1. Employees directed to be on stand-by status shall be able to respond to a specified location on duty within one (1) hour and shall be compensated at a minimum of one hour at time and one-half (1 1/2) the employee's regular rate of pay for the first hour and one-half (1/2) the employee's regular rate of pay for alt remaining hours. Section 2. In the event the Sergeant responds to a specified location for duty, this section would not apply and Article 14, Call-Back Pay, would address said situation. Therefore, Stand-By Pay will only be granted if the Sergeant is on stand-by status and not called to duty. 04/08/98 Fop Ci ty~ ARTICLE 16 COURT APPEARANCES -22- 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 be 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 worki ng 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 ~~Z~ ARTICLE 17 BEREAVEMENT LEAVE -23- 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. 04/08/98 FOP City -24- ARTICLE 18 SICK LEAVE Section 1. Employees will earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave will be in accord with the Civil Service Rules and Regulations. Section 2. Employees who have more than one hundred twenty (120) hours of sick leave as of September 1, of the current 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 this fiscal year. Those hours over one hundred twenty (120) hours not converted in the 1989-90 current fiscal year may be converted in the next fiscal year. This provision shall not be applicable for fiscal years, 1993/95 and shall be subject to the collective bargaining process for subsequent fiscal years. Section 3. It shall be the policy of the City to permit an employee the. opportunity of 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 from work for a lengthy period of 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. 04/08/98 FOP .~ Extraordinary circumstances shall be defined as City ~>~ -25- lengthy hospitalization, critical illness, or injury. When there appears to be a need to share sic,, 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. Ti me 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 six leave for a maximum of six (6) months· At the end of ~,ix 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 ~ City~ ARTICLE 19 VACATION -26- Secti on 1, Rul es. Secti on 2. Secti on 3. Vacation shall be accrued in accordance with the Civil Service Seniority will 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. No member shall be denied vacation nor shall vacation privileges be suspended or canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined in this Agreement. Section 6. All sergeants 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 04/08/98 FOP ~ City ~ -27- 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 /~ Ci tyL~~ ARTICLE 20 HOLIDAYS -28- Section 1. Holidays will be in accordance with the Civil Service Rules and Regulations. Section 2. Holiday pay will be at one and one-half (1 1/2) times the employee's regular rate of pay, whether or not the holiday is worked. Section 3. A. 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 Administration. C. Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. D, Members whose regular days off are on a holiday will receive their normal weekly pay. Eo Members leaving the service who participated will owe the City for 04/08~98 FOP ~) City ~.~ -29- 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. -30- ARTICLE 21 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, on 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 FOP City ARTICLE 22 MEDICAL EXPENSES -31- Section 1. Option 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 il9, 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 il9, 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. 04/08/98 FOP ~ City~ -32- 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 De 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. The City shall bear the costs involving lead testing for the Range Instructor(s). Section 5. 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 confidenti al. 04/08/98 Fop ARTICLE 23 UNIFORMS -33- Section 1. The City will supply those parts of the uniform that the City requires police sergeants to wear on duty. The City will supply replacements for the parts of the uni form when replacement is appropriate, as determined by the Chief of Police, and if adequate funds are available in the City's budget. Section 2. Effective on the date of the approval of this Agreement, sergeants who are members of the bargaining unit and assigned to plain clothes duty will receive a maximum of $1,000.00 per contract year, paid in $250 installments at the end'of each auarter and pro-rated as appropriate when assigned during each quarter to plain clothes duty. This allowance shall commence from the date of assignment on a pro-rate basis. Section 3. Sergeants 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 (2) months and pro-rated thereafter. Section 4. The City will bear the cost of cleaning ten (lO) 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. Plain clothes Sergeants shall be given a cash cleaning -34- supplement reasonably equivalent to that of the uniformed sergeant. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro-rated basis. Section 5, Sergeants assigned 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 sergeants and pro-rated thereafter. These payments for sergeants assigned to plain clothes duty will substitute for the normal cleaning allowance for sergeants. 04/08/98 FOP ~ ARTICLE 24 TRAINING -35- Section 1. All training required of the sergeant 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, not including seminars, conferences, schools and special programs. 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 ARTICLE 25 PERSONNEL RECORDS -36- his or her authori zati On. used to evaluate, employee. Section 3. 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 choosing to inspect the personnel records with written Members shall have the right to inspect any and all records promote or in any other manner, classify or direct an A personnel file for all City employees is maintained by the City 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 ~ -37- place when the Personnel Department notes that it is time for a record to be purged or when an employee, in writing brings tt~e matter to the attention of the Personnel Director. An employee may request, in writing, that specific items be kept in his/her Personnel fileo Section 4. All citizen complaint files and Internal Affairs investigations will be governed by Florida State Statutes and the Public Records destruction gui del ines. 04/08/98 City ARTICLE 26 SOLICITATIONS -38- 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 FOP '~ City ~.~ ARTICLE 27 SAFETY AND ,HEALTH -39- 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 Ci ty~ ARTICLE 28 USE OF CITY FACILITIES -40- 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 activities. 04/08/98 City -41- ARTICLE 29 HOURS OF WORK AND OVERTIME Section 1. The normal hours of ,work for bargaining unit members shall be five (5) days per week at eight (8) hours per day, or four (4) days per week at ten (10) hours per day. Section 2. No work schedule, days off, hours of work. etc., shall be changed primarily for the purpose of avoiding the 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 incident which directly threatens the health and safety of the citizens of. Boynton Beach. Section 4, Any employee who works in excess of the normal work day or the normal work week shall be entitled to pay. for those hours in excess of the normal work day or the normal work week, at the rate of time and one-half (1 1/2) the employee's regular rate of pay. 04/08/98 FOP ~ CityL~ -42- Section 5, One Sergeant per shift per day will serve in the capacity of Administrative Sergeant and shall be entitled to receive 15 minutes of overtime pay for performance of tasks generic to their position such as organization, shift preparation and review of subordinates work. 04/08/98 Ci ty~ ARTICLE 30 SHIFT SELECTION -43- Section 1. The Chief of Police or his/her designee shall have discretion to determine the number of persons assigned to each shift and division within the 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 sergeants. Section 3. For the purposes of shift selection only. at scheduled shift pick Acting Sergeants with six (6) months or more experience in the position of Acting Sergeant shall be considered in the pick as Junior Sergeant and shall fall in the shift pick accordingly. 04/08/98 Ci ty~ ARTICLE 31 SENIORITY -44- Section 1. Seniority shall be computed from the date of promotion to sergeant. If two (2) sergeants 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 sergeants 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 sergeant's position is to be abolished, the incumbent with the least seniority in the position of sergeant would displ ace 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 require. 04/08/98 City ARTICLE 32 TRANSFERSAND SHIFT CHANGES -45- 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 Ci ty]~ ARTICLE 33 GROUP INSURANCE -46- 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 policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal taw, Section 2. The City shall provide one hundred percent (100%) of the cost of individual coverage in a group health insurance policy, Section 3. The health and dental insurance coverage currently in effect shall not be reduced through Fiscal Years 1992/95. 04/08/98 Fop Ci ty]~ ARTICLE 34 TUITION REIMBURSEMENT -47- Section 1. The City shall provide an incentive in the form of paid tuition and books for members who choose to attend an accredited college or uni versi ty. Section 2. The member shall initially pay and be reimbursed by the City upon presentation of documented completion of the course. College and/or University program must be initially approved by the City Manager. Section 3. Members attaining a grade of "A" or "B" shall be reimbursed for i00% of the cost of a course. Members attaining a grade of "C" shall be reimbursed for 50% of the cost of a course. In the evoent that a course is a mandatory pass/fail course, a grade of passing shall be treated as a satisfactory grade. Employees shall receive no,compensation for grades below a "C". Se~tion 4. Courses must lead to a degree in the fields of law enforcement. criminal justice, public administration, or any other si milar 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 FOP ' Ci ty]~ ARTICLE 35 DEPARTMENt~AL POLICIES, RULES AND REGULATIONS Section 1. It is agreed and understood that the Police Department currently has policies, rules and regulations governing employment. The formulation, amendment, revision and implementation of any rule shall not be arbitrary or capricious. In the event of a conflict between the rules and specific provisions of this Agreement, the Agreement shall control. Section 2. In the event the City wishes to amend, revise or implement any new rule, it shall give ten (10) days notice to the Union. 04/08/98 FOP City ARTICLE 36 SPECIAL DETAILS -49- 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 certi'fied police officers are to be required at any public event, only Boynton Beach Police Department personnel shall be used. 04/08/98 Fop Ci ty_~ ARTICLE 37 GRIEVANCE AND ARBITRATION PROCEDURES -50- 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 compliance with specific terms of this Agreement. Section 2. Grievances shall be settled in accordance with the following procedure- Step 1., 04/08/98 Step 2. An employee shall 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 of 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. If the grievance has not been resolved to the satisfaction of thee~loyee at Step 2. the grievance may be reduced to Step 3. Step 4. 04/08/98 -51- writing on a standard grievance form signed by the employee and presented to the Captain within ten (lO) working days after the immediate supervisor's response was rendered at Step 1. The Captain shall conduct a meeting wi th the affected employee or employees and the Union steward within ten (lO) working days of receipt of the written grievance and shall reply to the affected employees and the Union in writing within ten (lO) 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 appeal ed by presenting the written grievance to the Police Chief not later than ten (lO) 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 (lO) working days after receipt of the grievance and shall reply to the affected employees and the Union in writing within ten (lO) working days following the close of the meeting. If the grievance is 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 (lO) working -52- days after receipt of the Step 3 decision. The City Manager shall meet with the affected employees and the Union steward within ten (lO) working days following receipt of the grievance and shall reply in writing within ten (10) working days fol lowing 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 i nvot ving 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. The Arbitrator shall be 04/08/98 FOP~ City[~ -53- chosen i n accordance wi th the Ameri can Arbitration Association procedures, Section 8, The~,arbitrator shall have exclusive jurisdiction and authority to resolve grievances as defined in this Agreement. the authority to issue subpoenas enforceable in The arbitrator shall have 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 with 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 Ii. 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. ARTICLE 38 PAST PRACTICES -54- All employment practices listed below shall remain in effect- Ao B. C. D. E. F. G. H. I. J. 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 per year, as needed. 04/08/98 ARTICLE 39 ENTIRE AGREEMENT -55- The parties agree that this Agreement constitutes the full and complete understanding of the parties. 04/08/98 Fop ~ Ci ty_~ ARTICLE 40 PERSONAL VEHICLES -56- Section 1~ When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and 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 offici als, schools and semi nars. 04/08/98 City ARTICLE 41 PROMOTIONS -57- 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 3. All decisions and scoring by the .board shall be made at the conclusion of the interviews and must be arrived at a meeting of the Oral Board. 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 employ.ee is eligible or not eligible 04/08/98 FOP ~ C ity~ to advance in the -58- promotional process whenever possi bl e. Section 6. Members passed over for promotion under the "Rule of Thre~' 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 ARTICLE 42 TEMPORARY ASSIGNMENT -59- Section 1. Sergeants acting in the capacity of Watch Commander shall be paid five percent (5%) above the sergeant's regular rate of pay. Section 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. 04/08/98 ARTICLE 43 SAVINGS CLAUSE -60- 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 within thirty (30) days for the purpose of negotiating a substitute provision. 04/08/98 FOPY City ~-~ -61- of a GCMS test. ARTICLE 44 CHEMICAL TESTING Section 1. The FOP and the City agree ~at the maintenance of professional standards and the public confidence requires that there be a work place free from substance abuse (including alcohol). 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 2. 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 No test shall be considered final until confirmed by a GCMS test. 04/08/98 FOP f City -62- 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 di sci pli nary action. Section 6. All records of rehabilitation programs shall chemical testing and parti ci pati on i n 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 employer 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 04/08/98 FOP ~ City~ -63- 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 City ARTICLE 45 DURATION:OF AGREEMENT Section 1. This agreement shall be 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 ~n~t~ate bargaining for the contract period starting October 1, 1998 after May 1, 1998. 04/08/98 FOP ~ City (~ -65- Agreed to this day of 19__ by and between the respective parties through the authorized representatives of the Union and the Ci ry. Wi tn'es's BY- POL ICE SERGEANTS FFLATERNAL ORDER OF POLICE Chi ef Representative Wi tness CITY OF BOYNTON BEACH Mayor ~F~/~ A1-FEST: Ci ~ Clerk APPROVED AS TO FORM 04/08/98 FOP~~__ di ty ~nager City -66- Ratified By City Commission Date Rati fi Date eF by Union Members 04/08/98 City Fraternal Order 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 "Comract 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 comract was RATIFIED. If you have any questions please feel free to comact me. I would like to thank you in advance for your time in this matter. George F. Hachigian Staff Represemative 2404 E Sunrise Blvd. Ft. Lauderdale, FL 33304 954-561-3555 CC: Lt. Chris Yanuzzi Sgt. Paul Sheridan PAGE 02 Fraternal Order o! Police FLORIDA LABOR COUNCIL, INC. Tl~e City of Boyaton Beach, Florida and tl~ Florida State Lodge Fraternal Order of Polbe, as ~the ~ai~M b~$~ag u~t for the C~ty's Poli~ Sergeant's ~d Poli~ Li~ten~t's, a~e the which ~lls ~.~ October 1, 1997 as long u the employee has r~gved a ~at~f~o~ rati~ or a~ve on th~ peffo~ance evalua~on. We a~ ~ ~llo~-s: The contracn between the City of Boyntori Beach aud tl~e Florida State Lodge and the Fraternal Order of Police sh~ll be extended for one (1) year through September 30, 1998, subject to the same terins and r. atditionS, except that ARTICLE 12 for Sergeant's and ARTICLE 14 tot Lieutenant's shall reflect the above. All other ARTICLES cf the Collective Bargaining Agreement shall remain the same, ~oth parties aSre~ to inifiatt bargaining for the comract period October 1, 1998 aRer May 1, 1998. The terms ofthh I. ztter of Agreement shall be subject to ratification by thc City Commission and the Fraternal Order of Police. ^CCEPTED AND AORFJgD TO this _~~ day of ~id/'~,_ C' , I998. FLORIDA STATE LODGE FRATERNAL ORDER ~ POLICE 'Y: ~~ Oeor~e F, Hachi$ian, tative CITY OF BOYNTON; By: _ ~ Dale S. Sugerma~, ~si~tat~! City Manager