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RESOLUTION R06- i 35
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE
NATIONAL CONFERENCE OF FIREMEN AND
OILERS, SEIU, AFL-CIO, CLC, LOCAL 1227 _
WHITE COLLAR UNIT FOR THE THREE YEAR
PERIOD OF OCTOBER 1, 2006 THROUGH
SEPTEMBER 30, 2009, AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and the National Conference of Firemen
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and Oilers, SEIU, AFL-CIO, CLC, Local 1227 - White Collar Unit have successfully
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concluded negotiations for a three (3) year contract; and
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WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
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and
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WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
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the best interests of the residents and citizens of the City to ratify the Agreement and
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execute the same; and
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
S:\CA\RESO\Agreements\CBA Ratifications\NCFO WC 06 - 09.doc
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hereby ratify the Agreement between the City of Boynton Beach and the National
2 Conference of Firemen and Oilers, SEIU, AFL-CIO, CLC, Local 1227 - White Collar
3 Unit for the three (3) year period of October 1, 2006 through September 30, 2009, and
4 authorizing and directing the Mayor and City Clerk to execute the Agreement, a copy of
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5 said agreement being attached hereto as Exhibit "e".
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Section 3.
This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of August, 2006.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
CBA Ratifications\NCFO WC 06 - 09.doc
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EXHIBIT C
ROb-l35"
AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
THE NATIONAL CONFERENCE OF
FIREMEN AND OILERS, SEIU, AFL-CIO, CLC
LOCAL 1227
WHITE COLLAR BARGAINING UNIT
October 1, 2006 - September 30, 2009
T ABLE OF CONTENTS
ARTICLE 1 . ......... ..................................... .......................................................................... 5
1.0 PREAMBLE................................................. ..................:. .......................................5
AR TI C LE 2 ......................................................................................................................... 6
2.0 RECOGNITION................................................................................................,...... 6
ARTICLE 3 ....................... ......................................................... ......................................... 7
3.0 RIGHTS OF EMPLOYEES.................................................................................... 7
ARTICLE 4 .... .......... ................ ...... ..................... .................. ..... ............. .... ........................ 8
4.0 MANAGEMENT RIGHTS............................... ......................... ............................. 8
ARTICLE 5 .................... ......................................................... .............. .................... ........1 0
5.0 STRIKES............................................................................................................... 10
ARTICLE 6 ....................................................................................................................... 11
6.0 NON-DISCRIMINATION .... .................. ........ ....... ..... ..... ............................. ....... .11
ARTICLE 7.0 .................................................................................................................... 12
7 .0 REPRESENTATION OF THE CITy.... ............... ................ ................ .......... ......12
ARTICLE 8 ............ ...... ............. ................ ........ .................. ............... ..... ................ ..... .....13
8.0 UNION REPRESENTATION...... .......... .................... ................ ...... ...... ............ ...13
ARTICLE 9 ....................................................................................................................... 14
9.0 COLLECTIVE BARGAINING.. .......... ......... ..... ...................... ........ .................. ...14
ARTICLE 10 ..................................................................................................................... 15
10.0 UNION TIME POOL ............................................................................................15
ARTICLE 11 ..................................................................................................................... 16
11.0 BULLETIN BOARDS................. ...... .................. ....................... ..... ...... .............. ..16
AR TI C LE 12 ..................................................................................................................... 1 7
12.0 PROGRESSIVE DISCIPLINE .............................................................................. 17
AR TI C LE 13 ..................................................................................................................... 2 7
13.0 GRIEVANCE PROCEDURES........... ..... ........... ....... ....... .................. .......... ....... .27
AR TI C LE 14 ..................................................................................................................... 30
14.0 BASIC WORK WEEK AND OVERTIME...........................................................30
AR TI C LE 15 ..................................................................................................................... 32
15 .0 COMPENSATORY TIME...... ..... ..... .......... ...................... ........ ........ ............ ......... 32
ARTICLE 16 ..................................................................................................................... 3 3
16. 0 WAGES................................................................................................................. 33-
ARTICLE 17 ........................................................................................................... .'.........35
17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS.......35
ARTICLE 18 ..................................................................................................................... 3 8
18.0 STANDBY AND CALL BACK PAY ..................................................................38
ARTICLE 19 ..................................................................................................................... 39
19.0 EMERGENCY PAY POLICy........... ..... ...... ..... ..................... ........................... ...39
AR TI CLE 20 ..................................................................................................................... 43
20.0 CERTIFICATION PAy.............. .......................... .................................. ........... ...43
ARTICLE 21 ..................................................................................................................... 44
21.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES .........................................44
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ARTICLE 22........................................................................................................................
22.0 WORKING IN A HIGHER CLASS......................................................................45
ARTICLE 23 ........................................................................................................... ......... ..46
23.0 SICK LEAVE ....... ............................................................................................ .....46
ARTICLE 24 ..................................................................................................................... 48
24.0 WORKERS COMPENSATION ........................................ .................. .................48
ARTICLE 25 ............................................................................................................;...:.... 49
25.0 LIGHT DUTy...................................................................................................... .49
ARTICLE 26 ......................... ............................................................................................ 50
26.0 VACATION.......................................................................................................... 50
ARTICLE 27 ..................................................................................................................... 52
27.0 BONUS DAyS....... ............................................................................................... 52
ARTICLE 28 ............................................................................................................ .........53
28. 0 HOLIDAYS ........................................ ................................................... .,...............53
ARTICLE 29 ................................................................. ....................................................54
29.0 COMPASSIONATE LEA VE................................................................................ 54
ARTICLE 30 .......... ................................................... ........................................................ 55
30.0 MILITARY LEAVE ........ ......... .................. ...........................................................55
ARTICLE 31 ....................................................... ..............................................................56
31.0 LEAVE OF ABSENCE......................................... ............ ...... ..... .........................56
ARTICLE 32 ............... ...................................................................................................... 57
32.0 UNAUTHORIZED ABSENCE...................................... ....................................... 57
ARTICLE 33 ......................................................... .................. ..........................................58
33 .0 JURY DUTy............................... ................................................. .........................58
ARTICLE 34 ......................................................................... ............................................59
34.0 SENIORITY & LAYOFF & RECALL .................................................................59
ARTICLE 35 ........................................................................ ............................................. 61
35.0 RECRUITMENT AND SELECTION......................... ........................... ............ ......61
ARTICLE 36 ......... ....... ................. .............................. ....... ....... ........................................ 65
36.0 SAFETY AND HEALTH...... ............................... .................................. ..... ..........65
ARTICLE 38 ....... .............................. ................... ........... .......................... ............. ........... 67
38.0 PERSONNEL FILES................................. .......... ............................................. ..... 67
ARTICLE 40 ......................................................................................................:.............. 75
40.0 GENERAL PROVISIONS........................ ......................... ......... .......................... 75
ARTICLE 44 .............. ........................................................ ........................ ....................... 8 r
44.0 PROBATIONARY PERIOD............. .................................................................... 81
ARTICLE 45 .................................................... .................................................................82
45.0 LONGEVITY BENEFIT................................................ .................... ..... ..............82
ARTICLE 46................................. ................... ........... .................................... .................83
46.0 BONUS INCREASES...................................... .....................................................83
ARTICLE 47 ..................................................................................................................... 84
47.0 LABOR-MANAGEMENT. ................................................................................... 84
ARTICLE 48 ................... .............. .......................... ........................... ......... ......................85
48.0 SAVINGS CLAUSE............................................................................................. 85
ARTICLE 49 ...................................................................... ...............................................86
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49.0 MAINTENANCE OF CONDITIONS. ......................................................... .........86
ARTICLE 50 ........................... ............................................................................ ..............87
50.0 POSTING OF AGREEMENT...................................................................... ......... 87
ARTICLE 51 ...............................................................................,..................................... 88
51.0 COLLATERAL DOCUMENTS....................... ........ ................. ..................... ......88
ARTICLE 52 ............. ............ ..................................................................................... ....... 91
52.0 DURA TI ON .................................................................................................... ..,....89
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ARTICLE 1
1.0 PREAMBLE
1.1 This agreement is entered into by and between the City of Boynton J~each,
Florida, hereinafter referred to as the "Employer" or "City", and the National
Conference of Firemen and Oilers, SEIU AFL-CIO, LOCAL 1227, hereinafter
referred to as the "Union".
The general purpose of this Agreement is to set forth terms and conditions of
employment and to promote orderly and meaningful labor relations for the mutual
benefit of the City of Boynton Beach in its capacity as an employer, the
employees, and the citizens of Boynton Beach.
1.2 The parties agree that nothing in this agreement shall prohibit the parties from
meeting and discussing any items of mutual interest in accordance with the law.
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ARTICLE 2
2.0 RECOGNITION
2.1 The City of Boynton Beach hereby recognizes the National Conference of
Firemen and Oilers, SEIU LOCAL 1227 as exclusive representatives for the
bargaining unit described below for the purpose of bargaining collectively with
the City relative to wages, hours, and terms and conditions of employment of the
pubic employees within the bargaining unit.
2.2 The bargaining unit is comprised of those positions certified for inclusion by the
Public Employees Relations Commission.
2.3 In the event of a conflict between the foregoing list of positions included in the
bargaining unit and the unit as recognized by the Public Employees Relations
Commission (PERC), the unit recognized by the PERC shall control.
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ARTICLE 3
3.0 RIGHTS OF EMPLOYEES
3.1 The employees in the bargaining unit shall have the right to join or assist the
Union or to refrain from any such activity. .
3.2 All provisions of this Agreement shall be applied fairly and equitably to all
employees in the Bargaining Unit.
3.3 Employees may request a Union representative to be present when they believe a
meeting with a supervisor may lead to discussions which could form the basis of
disciplinary action.
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ARTICLE 4
4.0 MANAGEMENT RIGHTS
4.1 Except and only to the extent that specific provisions of this Agreement expressly
provide otherwise, it is hereby mutually agreed that the City has and will continue
to retain, the right to organize, plan, direct, control, operate and manage its affairs
and those of its employees in whatever manner it deems appropriate in each and
every respect. The parties to this Agreement hereby agree that, in construing this
section, the legal principle that "the expression of one item is the exclusion of
another" shall not apply. Rather, full effect shall be given to the intention of the
parties that management shall retain all constitutional, ordinance, inherent,
common law, or other rights except to the extent specific provisions of this
Agreement expressly provide otherwise. The Union recognizes the prerogatives
of the City to operate and manage its affairs in all respects; and the powers and
authority, which the City has not abridged, delegated or modified by this
Agreement, are retained by the City. The rights reserved to the sole discretion of
the City shall include, but not be limited to, the right:
4.1.1 To determine the purpose and mission of the City and all its employees, to
determine the amount of budget to be adopted, and to exercise control and
discretion over the organization and operation of the City in all respects
including the right to determine whether goods or services are to be made,
provided or purchased and to decide the design and maintenance of the
departments, facilities, supplies and equipment.
4.1.2 To maintain economic stability.
4.1.3 To change or eliminate existing methods of operation, equipment, or
facilities and to adopt and implement technological ~hanges or
improvements including, but not limited to, vehicles, and all other
materials or supplies.
4.1.4 To determine the methods, income and personnel by which such
operations are to be conducted including the right to contract and sub-
contract existing and future work.
4.1.5 To select, hire, test, classifY, promote, train, assign, retain, evaluate, lay-
off, schedule, and determine the qualifications of all employees.
4.1.6 To suspend, demote, discharge, reprimand, or take other disciplinary
action against employees for just cause.
4.1.7 To determine the organization of City government.
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4.1.8 To determine the purpose and extent of each of its constituents,
departments and positions therein.
4.1.9 To set standards for service to be offered to the public, and standards for
the performance of duties of job assignments.
4.1.10 To manage and direct the work of the employees of the City, including the
right to assign work and overtime.
4.1.11 To establish, determine, implement and maintain effective internal security
practices.
4.1.12 To determine the number, type and grades of positions or employees
assigned to an organizational unit, department or project.
4.1.13 To determine lunch, rest periods, and clean-up times, the starting and
quitting time, and the number of hours to be worked. Work schedules will
be posted, and will not be altered in the midst of normal pay periods.
4.1.14 To adopt or enforce cost or general improvement programs.
4.1.15 In a civil emergency, to use personnel in any lawful manner.
4.2 If, in the sole discretion of the City, it is determined that civil emergency
conditions exist, including, but not limited to, riots, civil disorders, hurricane
conditions, tornado, national emergencies, or other emergency conditions, the
provisions of this Agreement may be suspended by the City during the time of the
declared emergency.
4.3 The City has the right to impose something that is unilateral in nature, and the
Union has the right to object to that decision. If the City does impose something
on a unilateral basis and the Union after notice fails to object to that decision
within six (6) months, it shall be considered finally imposed. ~
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ARTICLE 5
5.0 STRIKES
5.1 The National Conference of Firemen and Oilers, SEIU, AFL-CIO, Local 1227, or
their member agents or designees, agree during the life of this Agreement that
they shall have no right to engage in any work stoppage, slow down, strike or
unlawful picketing.
5.2 In the event of a strike, work stoppage or interference with the operation and
accomplishment of the mission of the City Administration, a state or international
representative of the Union shall promptly and publicly disavow such strike or
work stoppage and order the employees to return to work and attempt to bring
about prompt resumption of the normal operations. The Union representatives
shall notifY the City 12 hours after commencement of such strike, what legitimate
measures it has taken to comply with the provisions of this Article.
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ARTICLE 6
6.0 NON-DISCRIMINATION
6.1 The Employer and the Union agree that all provisions of the Agreement shall be
applied to all employees covered by it and the Employer and the Union affirms
their joint opposition to any discriminatory practices to the extent prohibited by
law in connection with employment.
6.2 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, sexual orientation or
membership or non-membership in the Union.
6.3 The parties agree that this Article is not subject to grievance or arbitration.
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ARTICLE 7.0
7.0 REPRESENTATION OF THE CITY
7.1 The City shall be represented by the City Manager, or a person or persons
designated in writing to the Union by the City Manager.
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ARTICLE 8
8.0 UNION REPRESENTATION
8.1 The City agrees to recognize the Union's officers and four (4) City employee
stewards as agents of the Union. The Union shall furnish written notice ~o the
Department Head of the designated Union officers and stewards within three days
of ratification of this Agreement and when any change in designation is made
thereafter. The City recognizes the right of the Union to designate one (1) chief
steward from among the four (4) City employee stewards. The authority of a
Union steward to act on behalf of and bind the Union is implied from their
designation as Steward.
8.2 Non-employee officials of the Union shall, with prior written notification to the
City Manager be admitted to the property of the City for purposes of
administering the Agreement. Union officials as designated above shall only be
able to meet with City employees in non-work areas (i.e., break areas) and during
non-work time. Nothing in this section shall preclude or interfere with the City's
right to control access to City facilities for safety and lor security purposes.
Access shall not be unreasonably withheld.
8.3 Union stewards will be granted paid leave to engage in collective bargaining with
the representatives of the City and consultation with management, including
Labor/Management meetings, subject to section 9.2.
8.4 Union stewards granted leave may utilize "union time pool" time to engage in the
following representative activities:
1. When an employee who is required to appear at a hearing related to a
grievance and or arbitration.
2. When an employee who is or responding to a disciplinary action or
investigation.
3. When an employee is attending a pre-determination hearing.
8.5 No employee shall engage in Union business while on duty except as referenced
in Section 8.3. ~
8.6 The City Manager will grant the Union stewards combined leave, without pay, for
a total of twenty (20) days per year in order that they may attend conferences,
seminars and similar events or other union activities related to their representative
function provided the leave does not adversely effect the on-going day to day
operations in the any department.
8.7 Stewards shall maintain and provide to the City a Union Business time-out slip
that shall be processed to show their accumulated hours used against the Union
time pool. The form for this purpose shall be attached hereto as Appendix "A" to
this agreement.
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ARTICLE 9
9.0 COLLECTIVE BARGAINING
9.1 The membership of the bargaining unit shall be represented in collective
bargaining by the President of the Union or by a person or persons designated in
writing to the City Manager. The President of the Union, or the person or persons
designated shall have full authority to conclude a Collective Bargaining
Agreement on behalf of the Union subject to a majority vote of those members of
the Bargaining Unit voting on the question of ratification. It is understood that the
Union representative or representatives are the official representatives of the
Union for the purpose of negotiating with the City. Such negotiations entered into
with persons other than those defined herein, regardless of their position or
association with the Union, shall be deemed unauthorized and shall have no
weight or authority in committing or in any way obligating the Union. It shall be
the responsibility of the Union to notifY the City Manager in writing of any
changes in the designation of any certified representative of the Union.
9.2 No more than two (2) stewards or bargaining unit members may participate in
collective bargaining while on duty, without loss of pay. Additional bargaining
unit members may attend while off duty or when on approved leave.
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ARTICLE 10
10.0 UNION TIME POOL
10.1 Members of the bargaining unit may each donate a share of their accrued vacation
and/or compensatory time bank of hours to fund the Union time pool. The
employee's designated donation shall be deducted each October 1st during the
term of this agreement.
10.2 Union time pool time may be transferred from steward to steward. If the total
hours used exceeds the total amount of hours in the time pool, stewards may be
released without payor they may use accrued vacation time, but in either event,
only at the discretion of the department head (or designee), whose approval shall
not be unreasonably withheld and when releasing such employee does not
adversely effect the on-going day to day operations in any department. Additional
hours may be used, with pay, when those hours are funded by "Union Time Pool"
time.
10.3 The City may stop the use of such time off if it interferes with productivity or
manpower needs. However, the exercise of such right on the City's part shall not
be arbitrary or capricious, nor shall it allow the City to proceed in a manner that
deprives the employee of his or her right of representation.
10.4 Donations to the union time pool shall be solicited by the union during ratification
of the agreement or any other non-work time. Donations shall be transferred from
the employees appropriate leave bank within thirty (30) days of the time of
donation, and each year of the agreement during the month of October.
10.5 The City shall match the number of union time pool hours each year, at 50% of
the number of hours accumulated by the union.
10.6 Time pool hours shall roll over from one year to the next.
10. 7 Union representation shall utilize the designated union time-out slip when using
time pool hours.
10.8 Union time pool hours shall only be used for a steward's leave from assigned
regular duties.
10.9 Union time pool hours shall be classified as paid leave from work.
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ARTICLE 11
11.0 BULLETIN BOARDS
11.1 The Union shall be provided space on bulletin boards at each location so
designated by the City in the areas where unit employees normally are assigned to
work for the use of LOCAL 1227. These bulletin boards shall be used for posting
Union notices, signed by a Union officer but restricted to the following:
A. Notices of Union recreational and social affairs;
B. Notices of Union elections and results of elections;
C. Notices of Union appointments and other official Union business;
D. Notices of Union meetings.
E. Union newsletter On Track (may be unsigned)
11.2 All other information, including any notices containing any information other than
purpose, date, time and place may be posted on such designated areas and the
Union shall furnish the City Manager's office with a copy. All costs incidental to
preparing and posting of Union materials will be borne by the Union. The Union
is responsible for posting and removing approved material on its bulletin board
and for maintaining such bulletin boards in an orderly condition.
11.3 The Union shall not post endorsements for candidates who are running for office.
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ARTICLE 12
12.0 PROGRESSIVE DISCIPLINE
12.1 PURPOSE
12.1.1 The City is committed to recruit, train, and retain qualified employees who
will contribute to the City's mission.
12.1.2 The success of the City government in providing quality and efficient
public service directly correlates with appropriate employee conduct and
performance. Employee behavior that is positive and supportive of the
goals of effective municipal management is fully encouraged.
12.1.3 When an employee's conduct or performance is inconsistent with the
needs and goals of the City, disciplinary actions up to and including
dismissal can occur. Progressive discipline is suggested when
circumstances support its use. In proper cases, dismissal may immediately
occur.
12.1.4 No employee shall be disciplined or discharged without just cause.
12.2 POLICY
12.2.1 Counseling and written reprimands should be utilized as an element to
motivate employees to choose behavior conducive to an individuals
growth, development and most importantly to insure the successful
operation of the City and its services. However, in certain circumstances
punitive discipline actions will be necessary. There is no "fixed formula"
for discipline, management reserves the right and prerogative to make
disciplinary decisions based on repeated occurrences of varyirig incidents,
past performance or severity of the incident.
12.2.2 Although progressive disciplinary actions are encouraged when
circumstances support such use, the severity of misconduct and the
circumstances shall determine the nature of the discipline.
12.2.3 A number of factors should be considered in determining the appropriate
level of discipline to be taken at each successive step. Such factors may
include time intervals between offenses, effectiveness of prior disciplinary
actions, insubordination, employee willingness to improve, overall work
performance and teamwork.
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12.2.4 Certain misconduct is so contrary to the public interest that dismissal shall
be the only appropriate measure.
12.2.5 The level of misconduct may differ in individ.ual cases from apparently
similar incidents. The City retains the right to treat each occurrence on an
individual basis without creating a precedent for situations that may arise
in the future. This case-by-case method is designed to take individual
circumstances and/or mitigating factors into account. These provisions are
not to be construed as a limitation upon the rights ofthe City, but are to be
used as a guide.
12.2.6 Regular employees may respond to discipline actions of counseling and
written reprimands by requesting an administrative review by the Human
Resources Director. Such request shall be made within ten (10) calendar
days of the imposition of the discipline. The Human Resources Director
shall review the disciplinary action in question and shall either sustain,
reverse, or modifY the disciplinary action. The Human Resources
Director's disposition shall be made within thirty (30) days of the
employee's request for review. The Human Resources Director's
disposition is final and not subject to further review.
12.2.7 Disciplinary actions for misconduct or serious misconduct older than a two
(2) year period shall not be referred to or considered in any current
disciplinary action.
12.2.8 The failure of immediate supervisors to document and/or take disciplinary
actions for misconduct, or the failure to follow the completed disciplinary
documents to Personnel, shall serve as grounds for disciplinary action.
EXAMPLES OF MISCONDUCT
The following types of infractions, offenses or misconduct shall represent employee
noncompliance with rules, regulations, policies, practices or procedures of the City or the
Department or employee wrongs or offenses that violate permissible behaviors or are-
specifically prohibited by law. The following are examples of violations that shall result
in discipline and the progressive discipline actions that may accompany the violations.
MISCONDUCT
1. Conduct unbecoming of a City employee. Conduct unbecoming a City employee
means: Employee behavior or actions on the part of the employee which hinder or
jeopardize the successful operation of the City, undermine teamwork and cooperation
among City employees, or undermine the public confidence in the City or its
employees.
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2. Violations or disregard of City Safety Policy & Procedures, including:
a. Careless use of vehicles or equipment
b. Failure to use all safety restraints when riding in or operating a City vehicle
c. Failure to wear and or use prescribed uniforms or equipment
3. Abuse of Personnel Policies, including but not limited to:
a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism,
b. Failure to notify Department and or Human Resources of current address and
telephone number within 10 calendar days of change
c. Failure to report any outside employment
4. Abuse of departmental procedures and work rules including:
a. Failure to provide name and official title to any person requesting same when
performing work related duties
b. Habitual extension of lunch period or break period
c. Habitually late for work without valid reason
d. Smoking in prohibited areas
e. Unauthorized solicitation, posting of material or non-productive behavior
Documented failure of a supervisor to perform duties required of supervisory employees
including recommending and/or taking disciplinary actions when necessary.
NOTE: This chart outlines the usual progression options for repeated occurrences
of misconduct. If serious misconduct or extreme misconduct has occurred
reviousl , there will be faster ro essive action.
OFFENSE TYPE 1 ST OCCURRENCE 2ND OCCURRENCE
Misconduct Counseling Written Reprimand
3RD OCCURRENCE
Suspension Without
Pa or Dismissal
SERIOUS MISCONDUCT
1. Violation or disregard of City Safety Policy & Procedures, including:
a. Continued misuse of equipment or negligence resulting in injury to self others or
damage to City equipment or property
b. Horseplay potentially hazardous to life or property
c. Unauthorized use or unsafe operation of City property, equipment or vehicles
2. Abuse of Personnel Policies, including:
a. Threatening a co-worker or supervisor
b. Use of abusive language to or about an employee, co-worker, supervisor or the
public
c. Insubordination, meaning the failure to recognize or accept authority of a
supervIsor
3. Abuse of departmental procedures and work rules, including:
a. Sleeping on the job
19
b. Absent without calling in to department within one hour of shift start time
c. Disrupting or hindering departmental operations
d. Failure to work required overtime assignments, special hours, special shifts or
unavailability during stand-by status
e. Outside employment which conflicts, interfered or otherwise hampers the
performance of the employee in their City job
4. Inefficiency or Incompetence
The inefficiency or incompetence in the performance of assigned duties may result
in demotion or disciplinary action up to and including termination. Examples of
poor performance shall include failure to provide responsive, courteous, high
quality customer service or repeated failure to support team goals, and contribute
to team success.
Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet
Standards" performance evaluation (rating of 1 or 2) shall be given follow-up evaluation
within 60 days of the "Does not Meet Standards: or :Partially meets Standards" initial
evaluation. More than one overall rating of "Below Standards" may subject the employee
to demotion or disciplinary action up to and including termination. It is the responsibility
of every employee to perform at a minimum level of "Meets Standards" {as outlined in
the Incentive Pay System Policy}.
The following chart outlines the progressive discipline options for three occurrences of
serious misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive discipline.
OFFENSE TYPE 1 ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE
Serious Misconduct Written Reprimand or Suspension Without Dismissal
Suspension Without Pay Payor Dismissal
EXTREME MISCONDUCT
1. Violations or disregard of City Safety Policy & Procedures, including:
a. Failure to report an on-the-job injury or accident within 24-hours to the
immediate supervisor
b. Failure to report an employees' on-the-job injury to Risk Management within
24 hours and/or completion of necessary documentation
c. Fighting on the job or engaging in any intentional act which may inflict bodily
harm on anyone
d. Operating a City vehicle or equipment without a required and valid driver's
license
e. Failure to report the revocation or suspension of a driver's license when
employment involves driving
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2. Abuse of Personnel Policies, including, but not limited to:
a. Possession of a firearm or concealed weapon oJ? City property or while
performing official duties without written permission from the Department
Director (excluding law enforcement officers)
b. Gambling during work hours
c. Refusal to sign a disciplinary form
d. Suspension or revocation of any required job related license or certifications.
3. Abuse of departmental procedures and work rules, including:
a. Unauthorized personal use of City equipment or funds
b. Conducting personal and/or private business on City time; improper use of
City time for such activity
c. Falsifying attendance records
d. Other department rules as communicated by director or supervisor
4. Illegal, unethical or improper acts, including:
a. Theft or removal of City property without authorization
b. Falsifying employment application or concealing information during pre-
employment screening or processing
c. Soliciting or accepting an unauthorized fee or gift or failure to comply with
Chapter 112, Florida Statute
d. Giving false information or failure or refusal to fully cooperate or provide full
truthful information in City initiated investigations
e. Possession, use or sale of illegal drugs, alcohol or prescription medication that
alters the employee's performance on the job or any confirmed positive drug
test
f. Possession or use of alcohol while on duty; or reporting to work under the
influence of alcohol
g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program
h. Refusal to submit to a City required drug or alcohol test
1. Falsifying or attempting to falsify a City ordered drug test
J. Violating the City's Sexual Harassment policy through interaction with
another employee or a member of the public
k. Conviction of a felony (Including non-work related)
The following chart outlines the progressive discipline options for two incidents of
extreme misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive action.
OFFENSE TYPE 1 ST OCCURRENCE 2ND OCCURRENCE
Extreme or Unlawful Suspension Without Dismissal
Misconduct Payor Dismissal
21
Note: The progressive discipline steps outlined above refer to the discipline options the
City may take. If such discipline is appealed to arbitration, the arbitrator is not bound in
any manner by such options and is free to independently determine the appropriate level
of discipline if the employee is found to have committed the offense
2.4 PROCEDURE FOR DISCIPLINARY ACTION
12.4.1 When an immediate supervisor becomes aware of conclusive evidence of
the need for the employee discipline, he/she becomes responsible and shall
investigate the circumstances of the misconduct or lack of performance,
prior to deciding upon the type of disciplinary action to be recommended
or taken. Documentation of the discipline investigation or of the conduct
shall be required on the part of the immediate supervisor in order to
establish appropriate records. Human Resources will be available to assist
in such investigations. In cases where investigations of a more substantial
nature are required, the following types of administrative review shall be
administered.
12.4.2 Administrative Review - Investigations of non-criminal violations
conducted in the absence of immediate or conclusive evidence involving
any City employee, with the exception of Police department employees.
These investigations shall be conducted by the Department Director and
Human Resources, who shall obtain all sufficient information, including
documentation and/or sworn statements, in order to determine the
necessity or level of disciplinary action. Human Resources shall assume
responsibility for acquiring any necessary sworn statements.
Administrative investigations shall be conducted expeditiously.
12.4.3 Criminal Investigations - Investigations conducted when criminal
violations are reportedly committed by an employee of the City. These
investigations shall be conducted by the Police Department, in
collaboration with the Department Director of the involved employee.
12.4.3.1 In instances where an investigation of serious, unlawful or other:
extreme misconduct is necessary, administrative and/or criminal
investigations shall be conducted prior to the effective date of final
disciplinary action.
12.4.3.2 The immediate supervisor may initiate a three-day suspension or
less suspension with pay to afford a supervisor the opportunity to
investigate an alleged incident or misconduct in the absence of the
employee. Suspensions of more than three days with pay require
the approval of the Human Resources Director. This practice may
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also be used in the event that alleged misconduct is severe but
unproved. The immediate supervisor shall immediately notify the
Department Director and Human Resources after the suspension is
issued, so that the matter .can be investigated.
12.4.3.3 A recommendation for disciplinary action may result from the
findings of an investigation. If disciplinary measures' are not
recommended after the investigation, the suspension with pay
period shall not be counted as disciplinary in nature. A document
confirming a favorable determination as to the matter should be
made part of the employee's record.
12.5 TYPES OF DISCIPLINARY ACTION
A. COUNSELING - Consists of the immediate supervisor warning the employee to
correct or improve performance, work habits or behavior, and counseling the
employee on improvements expected. Counseling serves as a warning against
further repetition of employee behavior. Future violations will result in discipline
up to and including termination.
The immediate supervisor should complete a Counseling Memorandum. The
employee shall be required to sign the form signifying that helshe has read and
discussed the contents with the supervisor.
The Counseling Memorandum shall be forwarded to Human Resources for
retention in the employee's records, with a copy provided to the employee. The
supervisor may request that the employee complete a written action plan to correct
the behavior. Employees may submit comments for inclusion in the record.
B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a written
notice of reprimand to improve performance, work habits or behavior. A written
reprimand should include a complete description of the incident(s) of misconduct,
inappropriate behavior, work habits or performance which require improvements.;
previous records of discussion; a time frame within which the employee must
correct or improve hislher behavior; and a warning that future violations will
result in further disciplinary actions up to and including termination.
Written reprimands shall be signed by the employee to acknowledge receipt and
forwarded to Human Resources for retention in the employee's records, with a
copy provided to the employee. Employees may submit comments for inclusion
in the record.
The employee may be required to complete a written plan for correction of the
behavior. When the written reprimand contains a time frame for employee
23
improvements, a follow-up discussion at the end of the designated time period
should be conducted. The follow-up discussion will provide a specific
opportunity to review the employee's improvements relative to the discipline.
Written reprimands should be reflected on the employee's performance appraisal
along with any noted improvements.
C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited from
returning to work until the specified period of suspension has passed or the
forfeiture of vacation time, if agreed to by the employee.
Suspensions without pay shall be used when an employee is removed from the job
due to extreme misconduct or unlawful behavior, or when instances of progressive
discipline supports a suspension without pay for a specified period of time. Any
time an employee is suspended for discipline the suspension shall be without pay.
1. With the written authorization of the Department Director and Human
Resources, immediate supervisors have the authority to issue a suspension
without pay for three (3) working days or less.
2. Suspensions without pay beyond three working days require prior concurrence
by Human Resources, review by the City Attorney's Office and authorization
by the City Manager's Office.
3. Employees being suspended without pay shall be notified in writing by the
immediate supervisor. The written notification shall consist of the reason for
the action and the duration ofthe suspension without pay. It shall also include
a statement that future violations will result in further disciplinary actions up
to and including termination.
4. Employees may submit comments for inclusion in the record. Written
notification of a suspension shall be signed by the suspended employee
acknowledging receipt of the written notification, and forwarded to Human
Resources for inclusion in the employee's record, with a copy provided to the
employee, the Department Director, and one to the Finance Department for
payroll purposes.
D. DEMOTIONS - In the context of this policy demotion consists of ,an employee
being involuntarily removed from a higher level classification to a lower level
classification, with a resulting decrease in salary. Although not limited to sucP
instances, demotions may occur in some cases because of the inability to fulfill
the duties of the higher level job in a satisfactory manner; or a failure to comply
with employment conditions such as licensure or certification. In addition,
probationary employees shall be subject to demotion without the City being
required to state a reason. The probationary employees shall not have access to
any appeal process with regard to the demotion.
Immediate supervisors should discuss the potential demotion of an employee with
their chain of command and the Human Resources Department prior to a written
recommendation for demotion. The Department Director shall then submit the
written recommendation to the City Manager through Human Resources.
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Demotions require concurrence from Human Resources, review by the City
Attorney's Office and authorization from the City Manager prior to being
effected.
Written notification of demotions shall be provided. to the employee by the
department Director. Such notices shall include the final decision, the reason(s)
for the decision, the employee's new classification title, the new pay range and
pay rate, and the effective date of the demotion. Written notifications shall also
include that future violations will result in further disciplinary actions up to and
including termination if the demotion was a result of misconduct.
All documentation of a demotion shall be retained in the employee's file in the
Human Resources Department. A copy of the written notification of demotion
shall be forwarded to the Finance department for payroll purposes.
Employees may request a demotion to a lower level classification voluntarily.
Such demotion shall not be punitive. Employees may submit comments for
inclusion in the record. Written notification of a demotion shall be signed by the
employee acknowledging receipt of the written notification and forwarded to
Human Resources for inclusion in the employee's record.
E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that
severs the employment relationship. At such time all employee benefits cease,
except as otherwise provided by law.
Immediate supervisors shall supply through documentation and discuss
recommendations for an employee's dismissal with their chain of command and
Human Resources. Upon receiving a written recommendation from the
supervisor, the Department Director shall submit the documentation to Human
Resources. Dismissals shall be effected only with the concurrence of Human
Resources, review by the City Attorney's Office and authorization by the City
Manager.
A written notice of recommended termination shall be given to the employee in
person. However, after two unsuccessful attempts to deliver the notification, then
the notice shall; be sent via US mail to the most recent address on record in tfie
personnel file. The recommendation shall include the following information:
1. The underlying reasons for the recommended termination
2. Documentation upon which the Department Director relied in formulating
said recommendation
3. An explanation of his/her rights to request a predetermination hearing
prior to termination taking effect and the facts that the decision to
discipline of the City Manager shall be final subject to grievance and
arbitration as provided for in Article 10 of this Agreement.
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The dismissal recommendation and the City Manager's final decision shall be
placed in the employee's personnel file, and a copy shall be forwarded to the
employee and his/her Department Director. Employees may submit comments for
inclusion in their personnel file.
Probationary employees who have not successfully completed the established
probationary period shall be subject to dismissal without cause, after review by
Human Resources.
12.6 RIGHT TO PRE-DETERMINATION HEARING
Prior to the effective date of any suspension without pay of three (3) days or
more, or a termination, the City shall conduct a predetermination hearing. The
Human Resources Director and the City Manager's designee shall conduct the
predetermination hearing. The employee shall be provided with rea~onable notice
of the predetermination hearing date and of the charges which are the grounds
for the disciplinary action. The employee may be accompanied and assisted at the
predetermination hearing by a representative of his choice. The employee shall be
afforded the opportunity to present information in defense or mitigation to the
charges brought against the employee. Following the predetermination hearing,
and any further investigation into issues raised by the employee in defense or
mitigation of the charges, the Human Resources Director and the City Manager's
designee shall sustain, reverse, or modify the disciplinary action and give the
employee written notice of their action and at the same time establish the
suspension or termination date(s) if appropriate.
12.7 EMPLOYEE APPEALS - GRIEVANCES
12.7.1 Probationary employees shall not have the right to appeal or grieve any
type of disciplinary action.
12.7.2 Regular employees shall have just cause appeal and grievance rights as
outlined in Article 12 of this Agreement.
12.8 PERFORMANCE IMPROVEMENT PLAN
Employees who receive a Written Reprimand with a Suspension shall be placed on
a Performance Improvement Plan. The purpose of Performance Improvement Plan
is to monitor employee performance, with an evaluation of performance being
made every 30 days. The employee must demonstrate immediate and sustained
improvement in their performance throughout the 90-day evaluation period or face
dismissal.
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ARTICLE 13
13.0 GRIEVANCE PROCEDURES
13.1 A grievance is defined as a dispute or disagreement involving the appliGati.on or
interpretation of this Agreement. Issues or disputes which are not grievances as so
defined shall not be subject to arbitration, but may be processed through the
grievance procedure only after all attempts to resolve the dispute through labor
management meetings has failed.
13.2 No employee or group of employees may refuse to follow directions pending the
outcome of a grievance except where safety would be jeopardized. Employees in
the bargaining unit will follow all written and verbal directives, unless the
employee has an objective basis to believe that hislher health and safety is
threatened. Compliance with such directive will not in any way prejudice the
employee's right to file a grievance within the time limits contained herein, nor
shall compliance affect the ultimate resolution of the grievance.
The parties agree that the grievance procedure shall be the sole and exclusive
method for resolving any dispute involving the application or interpretation of the
Agreement.
13.3 All grievances shall be in writing on a form prepared by the City and the Union.
All responses to a grievance must be in writing and dated by the responding party.
Grievances not appealed to the next higher step within the prescribed time limits
will be considered withdrawn and need not be further processed by the City.
Failure by management to observe time limits for any step of the grievance
procedure shall entitle the employee to advance the grievance to the next step.
Grievance time limits may be extended only by mutual written agreement of the
Union and the City.
13.4 GRIEVANCE PROCEDURE STEPS
13.4.1 Within ten (10) business days of the incident or the time which the
employee had knowledge of the incident, the employee or Union may
initiate a written grievance with the employee's Department Director. The
grievance may be hand delivered or sent by facsimile. Within five (5) days
of receiving the grievance, the Department Director will contact the
aggrieved employee and/or union representative and schedule a meeting
within five (5) days of contacting the aggrieved employee and/or union
representative to discuss the matter. The Department Director shall
respond to the grievance on or before 5:00 PM on the eleventh (11 th)
business day following the date of receipt of the grievance.
27
The written grievance should state the following:
a. Statement of the grievance and the facts upon which it is based.
b. The Article(s) and Section(s) of this Agreement alleged to have been
violated.
c. The action, remedy, or adjustment requested.
d. The signature of at least one aggrieved employee and/or a umon
representative and the date filed.
e. A statement indicating the grievance is a class action grievance, when
appropriate.
f. A statement identifYing the positions of the class of workers affected,
when brought as a class action grievance.
13.4.2 In the event the employee is not satisfied with the disposition of the
grievance by the Department Director, the employee, or union
representative if applicable, shall have the right to file a written appeal of
the decision, stating the basis for the appeal, to the Human Resources
Director within five (5) business days of the date of receipt of the
Department Director's decision. Failure to fully state all basis for the
appeal shall not preclude the employee or union representative such basis
for appeal at a later time in the grievance process.
Within five (5) business days of receipt of the grievance, the Human
Resources Director will contact the aggrieved employee, and union
representative if applicable, and schedule a meeting within five (5)
business days to discuss the matter. The Human Resources Director or
designee shall respond in writing to the employee within five (5) business
days of the meeting.
13.4.3 When a grievanceldisciplinary appeal if not settled under the forgoing
steps of the grievance procedure, the employee or, if applicable, the Union,
within twenty (20) days of such decision or termination, may refer the
dispute to an impartial arbitrator from the pre-selected panel of arbitrators
appointed by mutual agreement of the parties.
The arbitrators shall be appointed with the understanding that the hearing
on the matter appealed will be heard within ninety (90) calendar days
following appointment. If the arbitrator is not available within a 120 day
period, the next arbitrator on the list shall be used. Neither party shall
utilize court reporters and/or written briefs. The arbitrator shall make a
final and binding ruling within 14 days of the hearing.
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The City and the Union have selected a panel of six (6) arbitrators from
the Federal Mediation and Conciliation Service (FMCS). The City selected
three (3) arbitrators and the Union selected three (3) arbitrators. These
arbitrators shall hear grievances on a rotating basis, beginning in
alphabetical order of the arbitrator's sir name, as follows:
1. Rodney Dennis 4. Mark Grossman
2. Ben Falcigno S. Robert Hoffman
3. Ramon Fernandez 6. Tom Humphries
13.5 The arbitrator shall have only jurisdiction and the authority to apply and interpret
the provisions of this Agreement. Helshe shall not have jurisdiction to alter or
change in any way the provisions of this Agreement and shall confine the decision
solely to the issue of interpretation or application of the Agreement presented. The
decision of the arbitrator on any matter within his/her jurisdiction shall be final
and binding on the Union, the City and the employee covered by the Agreement.
When an arbitrator has been selected by the parties, the City shall have ten (10)
days from receipt of notice of appointment to raise arbitrability as a defense. If
arbitrability is raised by the City, the issue of arbitrability shall be determined by
the arbitrator no less than thirty (30) days prior to the commencement of an
arbitration hearing on the grievance itself. If the City raises the question of
arbitrability and loses that determination, the City shall pay the cost of the
arbitrator. If the City raises the question of arbitrability and the arbitrator
determines that the matter is not arbitrable, the Union shall pay for the arbitrator.
The City and the Union agree to share all information each party will present to
the arbitrator no later than ten (10) days prior to the date of the arbitration, even if
such information was accumulated after the final grievance step or after the
terminated employees' pre-determination hearing.
13.6 The hearing shall not be formal and the strict rules of evidence shall not apply.
13.7 The parties shall divide the arbitrator's fee and expenses equally. In the event of a
settlement, the arbitrator's fee and expenses shall be born equally by the partie~
unless they agree otherwise.
13.8 The term "day" shall mean, calendar day, Monday through Friday, exclusive of
holidays recognized by this Agreement.
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ARTICLE 14
14.0 BASIC WORK WEEK AND OVERTIME
14.1 The basic workweek shall consist of forty (40) hours, unless otherwise specified.
The City Manager will establish and may change the basic workweek and hours of
work best suited to meet the needs of the department and to provide superior
service to the community. Nothing in this Agreement shall be construed as a
guarantee or limitation of the number of hours worked per week.
14.2 All authorized and approved work performed in excess of forty (40) hours in any
one work week shall be considered as overtime and shall be paid at the overtime
rate of one and one-halftimes the employee's straight time rate.
14.3 Only hours actually worked will be counted for the purpose of calculating
overtime.
14.4 Overtime shall first be offered on a rotating basis in order of seniority within each
classification. The parties agree that when employees are asked to work overtime
and management contacts the appropriate employees from the seniority list, the
second employee contacted must accept the overtime assignment unless the
employee has a hardship or the employee and supervisor mutually agree to
continue down the seniority list of employees.
14.4.1 In the event an employee is required to work overtime, he/she shall not
have his regular shift hours changed nor shall he/she be placed in a non-
paid status in order to preclude the payment of overtime.
14.4.2 Supervisors shall provide no less than two (2) hours advance notice to
employees prior to the assignment of unscheduled, mandatory overtime
unless circumstances prohibit such advance notice, in which case, the
employer shall give as much notice as is reasonably possible. .
14.5 Shift Bidding and Posting. Employees who work in departments within the CitY
in classifications that are covered by more than one shift shall be allowed to bid
shifts, which shall be granted by seniority once each year to be completed by
January 31 st. Should management have a compelling operational need, they may
designate the number of A-Class workers (those with five or more years of
experience) and the number of B-Class workers (those with less than five years of
experience) required to work on each shift so that a balance of experience may be
achieved for each shift. Employees shall have an opportunity to give input on the
development of their shifts.
30
14.6 Employees cannot be in a work status more than seven (7) minutes prior or seven
(7) minutes after regular workday unless they have their supervisor's approval to
be in a work status. Each employee must be advised of the official start and
ending time of their department workday.
F or purposes of overtime, the City will follow the Department of Labor's "7/8
Minute Rule." This rule means that an employee will not be eligible for overtime
until helshe has been on the job for more than seven minutes, i.e. at the start of the
eighth (8th) minute they would then receive fifteen (15) minutes at time and a half.
14.7 The procedure in 14.6 will also be followed if an employee reports to work tardy
or late. The employee shall be marked as tardy or late using the same 718 Minute
rule, for purposes of calculating payroll. An employee will be deemed "tardy" if
they appear for work up to six (6) minutes after the designated starting time and
"late" if they appear for work seven (7) minutes or more after the designated
starting time. Any employee who is tardy or late is subject to appropriate
discipline.
14.8 It is understood that the clock designated by an employee's supervisor to record
arrival and departure shall be the clock against which timely reporting for work is
measured. If at any time, that clock is deemed inoperative, the immediate
supervisor will advise employees which clock will be utilized for timekeeping
purposes.
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ARTICLE 15
15.0 COMPENSATORY TIME
15.1 Employees may accrue and use compensatory time in lieu of overtime pay when
the employee works in excess of forty hours in a workweek.
15.2 Compensatory time will be accrued and used at the same rate the overtime rate
would be paid. Employees may accumulate up to eighty (80) hours of
compensatory time. At no time may an employee accumulate more than eighty
(80) hours of compensatory time. Compensatory time may be taken as earned
subject to the approval of the Department Head who shall schedule the time off to
meet the operating requirements of the Department.
15.3 It is solely the employee's choice as to whether he/she wishes to be paid for their
overtime at one and one-half times their regular hourly rate of pay, or take
compensatory time. The City will not encourage employees to take one form of
compensation over the other.
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ARTICLE 16
16.0 WAGES
16.1 Effective October 1, 2006, bargaining unit employees shall receive a five (5) %
market adjustment added to base wage.
16.2 Effective April 1, 2007, non-probationary bargaining unit employees shall receive
the following Performance Evaluation wage increases added to base wage:
a. Bargaining unit employees who are non-probationary and obtain a
performance evaluation score of two point zero (2.0) or higher will receive
a base wage increase as a percent equal to their score, not to exceed four
(4) %.
b. Bargaining unit employees who obtain a performance evaluation score
below two point zero (2.0) will not receive a wage increase.
c. No merit increase will be awarded during the probationary period.
16.3 Effective October 1, 2007, bargaining unit employees shall receive a five (5) %
market adjustment added to base wage.
16.4 Effective April 1, 2008, non-probationary bargaining unit employees shall receive
the following Performance Evaluation wage increases added to base wage:
a. Bargaining unit employees who are non-probationary and obtain a
performance evaluation score of two point zero (2.0) or higher will receive
a base wage increase as a percent equal to their score, not to exceed four
(4) %.
b. Bargaining unit employees who obtain a performance evaluation score
below two point zero (2.0) will not receive a wage increase.
c. No merit increase will be awarded during the probationary period.
16.5 Effective October 1, 2008, bargaining unit employees shall receive a two (2) %
market adjustment added to base wage.
33
16.6 Effective April 1, 2009, non-probationary bargaining unit employees shall receive
the following Performance Evaluation wage increases added to base wage:
a. Bargaining unit employees who are non-probationary and obtain a
performance evaluation score of two point zero (2.0) or higher will receive
a base wage increase as a percent equal to the score, not to exceed '
four (4) %.
b. Bargaining unit employees who obtain a performance evaluation score
below two point zero (2.0) will not receive a wage increase.
c. No merit increase will be awarded during the probationary period.
16.7 No employee will receive a base wage increase to a rate higher than the maximum
salary for the position. An employee who is at the maximum of the salary range
shall receive the market adjustment increase and the Performance Evaluation
wage increase, if applicable, as a lump-sum payment.
16.8 The April 1 Performance Evaluations and re-evaluations at each thirty (30) day
period as outlined below shall be completed in a unbiased and fair manner.
Justification for all performance evaluation scores "exceeding standards" or
"needs improvement" must have been previously provided to the employees being
evaluated. Through Labor/Management meetings, the Union and City shall
continue to work on the evaluation process in order to ensure pay equity for
employees.
16.9 Employees who receive a performance evaluation rating that falls below the
"Meets Expectations" level (rating of less than two point zero (2.0)) shall be
placed on a Performance Improvement Plan. It is the responsibility of each
employee to perform at the "Meets Standards" level as a minimum level of
performance.
34
ARTICLE 17
17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS
17.1 PROMOTIONS
17.1.1 Employees interested in applying for a promotional opportunity must have
been in their current position for a minimum of six months and have at
least a meets standards performance level. Each promoted employee must
successfully complete a six month probationary period in the new position.
Employees are eligible for the following increases in pay upon promotion:
Promotion from non-exempt to exempt position:
+ 10% of mid-point of new grade or to minimum of new grade whichever
is higher
Promotion of one grade (exempt to exempt or non-exempt to non-exempt):
+5% of mid-point of new grade or to minimum of new grade, whichever is
higher
Promotion of two grades (exempt to exempt or non-exempt to non-
exempt):
7.5% of mid-point of new grade or to minimum of new grade, whichever
is higher
Promotion of three or more grades (exempt to exempt or non-exempt to
non-exempt):
+ 10% of mid-point of new grade or to minimum of new grade, whichever
is higher
17.1.2 In no event will the employee's base rate of pay exceed the maximum for
the position to which the promotion is made.
17.1.3 Each promoted employee must successfully complete a probationary
period of six months from the date of promotion. Note: Applicants for
promotion must have been in their current position for a minimum of six
months and have a Meets Standards or higher performance rating.
35
17.2 DEMOTION
17.2.1 Upon demotion, an employee's rate of pay will be adjusted as follows:
Decrease of one grade:
5% of mid-point of current grade (position leaving)
Decrease of two grades:
7.5% of mid-point of current grade (position leaving)
Decrease ofthree or more grades:
10% of mid-point of current grade (position leaving)
17.2.2 In no event will the employee's base rate of pay exceed the maximum for
the position to which the demotion is made.
17.2.3 The pay of a promoted employee who is demoted prior to completion of a
probationary period, will be reduced by the same amount as the
promotional increase.
17.2.4 Exceptions to this policy may occur if there is a department restructuring
that results in an involuntary demotion for one or more employees. The
City Manager must approve any restructuring and resulting demotions.
This shall not be construed to reduce an employee's rate of pay beyond the
percentages set forth in section 17.2.1.
17.3 LATERAL TRANSFER
17.3.1 Employees transferring from one position to another in the same pay
grade, whether in the same or in a different department, will maintain the
same pay rate.
17.3.2 Each transferred employee, whether in the same or a lower grade, must
successfully complete a probationary period of six months from the date of
transfer. Probationary employees, whether in their first year as an
employee or in their six-month promotional probationary period have no
property entitlement to their position.
17.4 RECLASSIFICATION
17.4.1 Positions may be considered for reclassification only upon written request
of the Department Head, including detailed justification. If the
reclassification is for a change to an existing position classification (e.g.
Grade 13 to Grade 14), the incumbent must complete a position
questionnaire, which will then be evaluated by the Human Resources
Department. If the request is to change from one current position
classification to another (e.g. Office Assistant to Office Assistant, Sr.), that
justification must be included in the Department Head's request.
17.4.2 Reclassification requests will be considered each year during the budget
process. Reclassifications requested during the fiscal year will be
considered only if the department is restructuring or realigning major
36
responsibilities. Mid-year reclassifications must have the approval of the
HR Director, Finance Director and City Manager.
17.4.3 Implementation of any reclassification, whenever approved, will not
become effective until the necessary funds are available in the department
budget. Any salary change required by a reclassification will become
effective as of the date the reclassification is approved.
17.4.4 Human Resources will provide a copy of the department head's request for
reclassification upon the approval of the reclass.
17.5 PROMOTION FROM PART-TIME TO FULL-TIME
17.5.1 Each promoted employee must successfully complete a probationary
period of twelve months from the date of promotion.
f)
17.5.2 Upon successful completion of the probationary period, the probationary
employee will be considered a regular employee.
37
ARTICLE 18
18.0 ST ANDBY AND CALL BACK PAY
18.1 STANDBY PAY - In order to provide coverage for services during off-duty hours,
it may be necessary to assign and schedule certain bargaining unit employees to
standby beeper duty. A standby beeper duty assignment is made by a department
director or his/her designee who requires an employee on hislher off-duty time,
which may include nights, weekends or holidays, to be available to perform his
normal daily job function during off hours, due to an urgent situation. Employees
placed on Stand-by who are assigned a take home vehicle according to the
department's rotation list shall be assigned a take-home vehicle appropriate for
the completion of the task required of the employee should he/she be called back
to work. The employee shall receive one hours pay at the overtime rate for each
day or portion thereof that they are assigned standby beeper duty.
18.2 No employee may be assigned to or paid for STANDBY on any day when the
employee is in or scheduled to be in any leave status for that entire shift.
18.3 No more than 14 days of STANDBY can be paid in any pay period.
18.4 CALL BACK PAY - An employee called back to work after having been relieved
and having left the assigned work station, or called in before hislher regularly
scheduled work time, shall be paid a minimum of two (2) hours pay at the rate of
one and one-half (1 Y2) times hislher basic hourly rate of pay when such callback is
between the hours of 800 a.m. and 12:00 a.m. (midnight), and shall receive a
minimum of three hours at the rate of one and one-half (1 Y2) times hislher basic
hourly pay when such callback is between the hours of 12:01 a.m. and 7:59 a.m.
Employees shall be paid for the actual hours worked for all hours worked in
excess of the appropriate callback minimum. No concurrent paymenf of call-back
and regular pay is permitted.
38
ARTICLE 19
19.0 EMERGENCY PAY POLICY
19.1 Purpose.
To establish levels of compensation for regular, part-time and seasonal employees
who are released from work or who are retained at work or called back to work to
perform City work during the threat or occurrence of a hurricane, severe storm,
civil disaster, or other emergency conditions affecting the City Of Boynton Beach.
19.2 Local State of Emergency.
A local civil emergency shall be deemed to have commenced when the City
Manager (or an acting City Manager when the City Manager is not available to
act) files with the City Clerk a declaration that the City is in a state of local civil
emergency. Immediately following such declaration, the City Manager (or Acting
City Manager) will inform each City department and office in as timely a manner
as possible by written or electronic communication that a state of civil emergency
is in effect. The state of local civil emergency shall continue in effect until
rescinded in writing by the City Manager (or Acting City Manager), filed with the
City Clerk.
19.3 Authority and duration of Emergency Pay Policy coverage.
The provisions of this Emergency Pay Policy shall become effective immediately
following the declaration of a state of local civil emergency by the City Manager,
and are considered from that point to take precedence over all other Personnel
Rules and Regulations, policies, ordinances and collective bargaining agreements
of the City of Boynton Beach in the matters of pay, compensation and leave '
discussed herein. The provisions of this Emergency Pay Policy shall apply for the
entire time period during which the declared state of local civil emergency exist.
19.4 Designation of employees for purposes of establishing pay and compensation. In
a manner to be determined by the City Manager or hislher acting designee, all City
employees (regardless of full-time, part-time, seasonal, exempt or non-exempt
status) will be classified into one of the following three categories:
A = Essential/Mandatory Personnel
The assistance of these employees is
considered essential to the City's
ability to function and provide
public services in the event of a
civil emergency.
Depending on circumstances and needs,
the assistance of these employees
may be required in the event of a
civil emergency.
B = Essential Personnel
39
C = Non-Essential Personnel
The assistance of these employees is
normally not required during a
civil emergency event.
Employees who are classified as category "A" (EssentiallMandatory Personnel)
are expected to report for work at the beginning of their assigned shift, work their
entire shift, and be prepared to work any overtime hours as may be required Under
emergency conditions.
Category "A" employees may also be required to report for work on unscheduled
days or hours, and should be prepared to perform tasks outside their normal scope
of duties. Category "A" employees may be required to remain at a designated
facility during some portion of the emergency event.
Employees who are classified as category "B" (Essential Personnel) should be
prepared to report for work, and should be prepared to work any overtime hours if
required to do so.
Category "B" employees may also be required to report for work on unscheduled
days or hours, and should be prepared to perform tasks outside their normal scope
of duties. Category "B" employees may be required to remain at a designated
facility during some portion of the emergency event.
Employees who are classified as category "C" (Non-Essential Personnel) may be
released from their normal work duties and schedules as circumstances dictate,
subject to the following conditions:
(a) the employee is to remain in periodic contact with their supervisor
or other designated representatives in accordance with
departmental procedures;
(b) be available to respond to call back assignments as directed; and
(c) be prepared to work any overtime hours that may b~ required in
advance of or following an emergency event.
The City of Boynton Beach retains the right to change at any time an employee's
designation (as either "A", "B" or "C"), based upon the type of civil emergency
that exists, and upon the level or stage of response that is deemed appropriate by
City management to address the civil emergency.
19.5 Duty to Work
An employee who is directed to report for work during a declared civil
emergency, and fails to do so, is subject to being disciplined, up to and including
termination. In addition to any disciplinary action, the employee shall forfeit any
compensation payable under these policies, except compensation for hours
actually worked.
40
19.6 Employee compensation.
Any employee classified as either "A" (Essential/Mandatory) or "B" (Essential),
who is not exempt from the overtime provisions of the Fair Labor Standards Act,
will be compensated as follows' during a period of local emergency:
(a) The employee will be paid their regular compensation of all hours they are
scheduled for work, but released from work.
Example: If an employee's is scheduled to work from 8:00 A.M. to
5:00 P.M., but is released from work at 3:00 P.M., the employee
will be paid as though the employee worked until 5:00 P.M.,
however, only those hours actually worked will be counted for
overtime purposes.
(b) The employee will be compensated at a premium rate of double their
regular base rate of pay for all hours actually worked, including hours
which would otherwise qualifY for overtime pay (time and one-halt).
Example: If an employee who earns $10.00 an hour is scheduled
and required to work at 8:00 A.M. but a local emergency was
declared at 7:00 A.M., the employee shall be paid $20.00 an hour
for all hours actually worked until the local emergency ends.
19.7 Standby and Call back pay
No employee in entitled to nor shall receive standby payor call back pay during a
period of local emergency.
19.8 Record Keeping.
All employees are responsible for keeping accurate time logslrecords for hours
worked during a declared state of emergency. The submission of a request for
compensation for time worked when the employee did not actually work during a
period of local emergency is grounds for termination of employment.
19.9 Handling ofleave requests during a declared emergency.
Leave requests approved prior to a declared local civil emergency will be honored
if, in the opinion of the employee's department director, the employee's absence
will not adversely affect the City's ability to effectively respond to the emergency.
However, all employees are subject to having previously approved leave~
cancelled, and new requests for leave denied, based upon an overriding
organizational need to have the employee report for duty to fulfill their job
assignments during an emergency. Any off-duty employee who anticipates being
unavailable to respond to a call back assignment associated with an emergency
has a responsibility to discuss their plans with their department director and
request to be relieved from call back responsibilities for the anticipated duration
of the emergency. The department director will evaluate the employee's reasons
for the request to be relieved of possible call back responsibilities and notify the
employee of hislher decision as soon as possible. All employees who request sick
leave immediately prior to, during, or in recovery from a declared emergency may
41
be required by the department director to submit appropriate medical
documentation to verify their sick leave request.
Special Note: An employee who is on a previously approved leave that was not
revoked prior to the specified local civil emergency time period is not eligible for
administrative leave with payor any other form of special compensation that may
be made available under the provisions of this policy.
19.10 Holiday Pay.
If the declared emergency time period should encompass a holiday, an employee
is eligible to receive any applicable holiday pay they are due in addition to any
special compensation that is to be paid to under the conditions outlined in Section
5 above.
19.11 Suspension of other compensation rules
During periods of declared local emergencies, the provisions of this ordinance
supersede all other provisions for scheduling and compensation set forth in any
other local rule, regulation, ordinance or collective bargaining agreement.
42
ARTICLE 20
20.0 CERTIFICATION PAY
20.1 The City shall pay $500.00 for each certification or license as determined and
agreed upon by the employee and the department head. The City shall also pay
the actual certification or license fee. This provision shall not operate to reduce
certification incentive pay policies currently being implemented by departments.
Bargaining unit members who participate in departmental certification pay
programs are not entitled to participate in the program set forth herein.
20.2 A pre-determined list of job related certifications or licenses will be developed
through the laborlmanagement committee and attached to this article as an exhibit
and shall be developed no later than sixty (60) days from ratification of this
agreement.
43
ARTICLE 21
21.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES
21.1 Employees who are assigned to train another employee who is new to a position
shall be assigned in writing and shall receive a 5% increase in pay during the time
they are training another employee.
44
ARTICLE 22
22.0 WORKING IN A HIGHER CLASS
22.1 Employees shall be required to perform work in a higher classification only upon
written memorandum by their supervisor. Employees who work in a' higher
classification shall receive a 5% increase in pay, or the minimum of the higher
classification, whichever is greater until returned to their regular classification.
22.2 Employees shall be required only upon written memo from their supervisor to
perform work in a higher classification for training purposes. In this connection,
they shall perform that work without a 5% increase in payor the minimum of the
higher classification, whichever is greater until returned to their regular
classification.
45
ARTICLE 23
23.0 SICK LEAVE
23.1 An employee shall notify hislher immediate supervisor or the supervisor's
designee, in a manner provided for by management, of hislher illness no less than
one (1) hour before hislher normal workday begins. This procedure shall be
followed for each day the employee is unable to work unless prior approval is
granted by department management, wherein the employee notifies hislher
supervisor of the will be absent.
23.2 Sick leave will be granted upon approval of the department director for the
following reasons:
a. Employee's health, or up to five (5) days per year for illness of immediate
family member the employee's parent, spouse, or child.
b. Medical, dental, or optical treatment that is determined in writing by a
physician to be necessary and must be performed during working hours.
c. Quarantine due to exposure to contagious disease.
d. In connection with Worker's Compensation.
23.3 Employees shall accrue sick leave at a rate of 96 hours per 12-month period or
eight (8) per month. No employee shall be entitled to use sick leave in excess of
the amount of such leave accumulated. Employees may accumulate a maximum
of 1040 sick leave hours. All unused hours shall be paid out at 50% upon
termination of employment with the City. Any accrued but unused sick leave
hours beyond 1040 shall be transferred into the employee's Personal leave bank at
one for one. Personal Leave hours may be utilize as necessary. Any unused
Personal Leave hours may be cashed in upon termination with City on a two (2) to
one (1) basis, or the full value of the hours may be used to purchase health care
benefits should the termination be due to normal or disability retirement.
23.4 An employee making a departmental transfer will retain any unused sjck leave.
23.5 Employees who have attained non-probationary status and are regular employe~s
will have payment made for unused sick leave, for up to 1040 hours, at the rate of
50% of the total number of hours accumulated, but not taken, upon termination in
good standing, or retirement or death. (Retirement shall include normal
retirement, disability retirement, or early retirement as defined in the appropriate
Pension Plan).
23.6 Employees may request, and be covered by the provisions of the Family Medical
Leave Act.
23.7 Sick leave exceeding 3 consecutive work days reqUIres medical certification
within three (3) days ofretuming to work.
46
23.8 Sick Leave Donations
23.8.1 It shall be the policy of the City to permit.an employee who has a
minimum of 120 hours sick leave the opportunity of donating accrued sick
leave time to a designated employee whenever extraordinary
circumstances require the designated employee to be absent from work for
a lengthy period of time (workers compensation leave time excluded), and
when the employee has exhausted all accrued sick and vacation leave
down to 40 hours.
23.8.2 Extraordinary circumstances shall be defined as lengthy hospitalization,
critical illness or injury.
23.8.3 When there appears to be a need to share sick leave, bargaining unit
members who are willing to contribute sick leave hours must submit an
Employee Activity Report to the Human Resources Department for proper
charge to their sick leave records.
23.9 Restricted Sick Leave
23.9.1 No member may be placed on restricted sick leave unless a pattern of sick
leave abuse is present and the employee has had a counseling session with
his/her Director or Department Head. During that counseling session, the
employee will be informed of the reasons being considered for restricted
sick leave. At that time, the employee will be given an opportunity to
explain the sick leave taken.
23.9.2 When an employee is placed on restricted sick leave, the employee will be
notified in writing of that fact. An employee placed on restricted sick
leave shall be re-evaluated in three months. If no violation is noted the
employee shall be removed from restricted sick leave status. If not re-
evaluated within five (5) business days after the three (3) month period,
the employee will be automatically removed from restricted sick leave.
23.9.3 During the initial ninety (90) day restricted sick leave period, if there is a
violation of the restricted sick leave policy, progressive discipline shall be
applied and the employee will be placed on another ninety (90) day period
of restricted sick leave beginning on the date of the policy violation. For
each successive restricted sick leave violation the employee shall be
placed on restricted sick leave for an additional ninety (90) day period and
shall be subject to further progressive discipline up to and including
termination.
47
ARTICLE 24
24.0 WORKERS COMPENSATION
24.1 Whenever 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, he/she shall be entitled to full
regular pay.
24.2 If the period of disability is greater than 7 calendar days, the employee shall
receive a sum of money up to an amount equal to the difference between hislher
worker's compensation check and hislher normal net pay up to three (3) months.
At the end of three (3) months, the Risk Manager will review the medical
certification from the employee's authorized workers' compensation treating
physician for a determination of pay status. If the authorized medical certification
justifies temporary total disability, the salary supplement continuation will be
granted. If the continuation of the salary supplement is granted, it shall continue
at the same rate as defined above for up to an additional three (3) months.
In no case will the salary supplement be extended beyond six (6) calendar months
from the date on which the salary supplement began.
24.3 Once the salary supplement as identified in section 24.2 is exhausted, the injured
employee may elect to receive accrued sick leave, and after the sick leave is
exhausted, vacation leave, in accordance with hislher regular hourly wage to the
extent that hislher combined sick leave or vacation leave, and workers'
compensation benefits equal hislher regular weekly net take home salary. The
employee must contact the payroll clerk to qualify for the combined check.
24.4 It is incumbent on the employee to make application for disability in accordance
with their pension plan and the insurance plan they are covered under. Failure to
do this automatically cancels the additional City benefits.
24.5 If the appropriate disability plan denies the claim, the additional City supplement
benefit will be canceled. If the appropriate disability plan accepts the claim, the
salary supplement will be canceled after issuance of the disability pension check
or at the end of the time duration outlined above, whichever comes first.
24.6 If an employee who is receiving Worker's Compensation payment along with City
supplement, sick or vacation leave, is found to be working or receiving
compensation for hislher services elsewhere, during this period, he/she will be
obligated to reimburse the City for all medical expenses and supplement, sick or
vacation pay taken and shall be subject to dismissal.
48
ARTICLE 25
25.0 LIGHT DUTY
25.1 Employees who have injuries which prohibit them from performing their regular
assignments may return to work and perform light duty when there is light duty
work available and the City has determined that the employee is able to perform
the work without risk of further injury. The City is under no obligation to create
light duty work. If there is no work available the employee will remain on sick
leave status until helshe has a full release to return to work from his/her doctor.
49
ARTICLE 26
26.0 VACATION
26.1 Each full time employee shall earn vacation leave as follows:
Years of Service Vacation Days Vacation Hours
1 Years 10 80
2-3 Years 15 120
4 Years 16 128
5 Years 17 136
6 Years 18 144
7 Years 19 152
8 Years 20 160
9 Years 21 168
10-15 Years 22 176
16-20 Years 24 192
21 Years & After 25 200
26.2 Vacation leave may be taken as earned subject to the approval of the Department
Head who shall schedule vacations to meet the operating requirements of the
Department.
26.3 Employees may accrue vacation leave to a maximum of the leave earned in the
most recent two employment years. Vacation leave accrued during October 1 -
September 30 may exceed this stated policy, however, any amount over the
allowable maximum that has not been used during that (October 1 - September
30) period will be forfeited as of September 30. However, employees who have
been denied vacation shall have the excess vacation hours paid to them, at their
regular straight time rate of pay in the last pay check ofthe fiscal year.
26.4 Vacation requests of three (3) shifts or less must be requested and approved or
denied within two (2) days of the work shift, the day the request is made.
Vacation requests of four (4) shifts or more must be requested and approved or
denied within one (1) week of the day the request is made. Vacation requests of
two or more weeks require at least twenty one (21) calendar days' notification.
Management will approve or deny the vacation requests for two (2) weeks or
more within seven (7) days of the request.
50
26.5 Emergency Cash-In of Vacation and/or Sick Leave Time
26.5.1 Employees faced with sudden extraordinary circumstances of hardship
who have in excess of 40 hours of accrued vacat~oh are eligible to request
emergency cash in of vacation. If approved, an employee may convert up
to 90 hours to cash (less applicable taxes) provided they have 40 hours
remaining in their vacation accrual account after the cash-in. Conversions
must be done in increments of one work day.
26.5.2 Employees who do not have enough vacation time to use for the total
amount of emergency cash may consider including sick leave hours. Sick
leave hours cash-in will be calculated at fifty (50) % of the employee's
hourly rate. The total of vacation and sick may not exceed ninety (90)
hours and vacation hours must always be used before sick hours. Payment
for sick leave hours may only be granted if the employee has the amount
of sick leave credited to hislher sick leave account. The employee must
retain a minimum of eighty (80) sick hours on the books.
26.5.3 A request must be made in writing outlining the emergency and submitted
to the Human Resources Director on the appropriate form. A committee
comprised of the City Manager, Finance Director and Human Resources
Director will then review the request and approve the requested hours in
total or modified as they see fit. This benefit can be used only once each
year. At the discretion of the City Manager, the time limit rule may be
waived if there are exigent circumstances.
26.5.4 Denial of sick leave pay will be made in writing stating the reasons for the
denial. Employees may take advantage of this provision once during each
year of this agreement
26.6 Employees shall be allowed to take up to twenty-four (24) hours of emergency
vacation leave on an annual basis. Employees shall make such a request in
accordance with the applicable, published call-in procedure outlined iti Article
25.1 of this Agreement.
26.7 An employee who takes leave without a timely request or without approval shall
be subject to additional disciplinary action.
51
ARTICLE 27
27.0 BONUS DAYS
27.1 INTENT
The intent of this Article is to establish a wellness program designed to minimize
time lost on the job and to help reduce the City's overall health insurance
expenses. The City recognizes that employees occasionally suffer from injuries or
illness necessitating the use of paid sick leave time off. However, this program
provides incentive to reward those employees who use sick time responsibly.
27.2 ACCRUAL
27.2.1 All full time City employees covered by this policy are eligible to receive a
bonus day for continuous attendance at work at the completion of each
calendar quarter that the employee has not used sick time during the
previous quarter, nor has been absent from work or on leave other than
those paid leave categories recognized in this document.
27.2.2 Bonus days shall be counted as vacation leave and subject to the provision
set forth for use of vacation.
52
ARTICLE 28
28.0 HOLIDAYS
28.1 The following holidays shall be observed for employees in the bargaining unit:
New Year's Day
President's Day
Independence Day
Veteran's Day
Day after Thanksgiving
Christmas Day
In addition, the employee may take his or her birthday with notice to their
supervisor. Birthdays that fall on a weekend may be taken on Friday or Monday
without prior notice. If taken, the birthday will be charged as a vacation day.
Holidays are not cumulative or interchangeable.
Martin Luther King, Jr. Day
Memorial Day
Labor Day
Thanksgiving Day
Christmas Eve
28.2 For each observed holiday, a full-time employee shall be entitled to eight (8)
hours of pay at the employee's regular rate of pay, except where employees are
normally scheduled to work a ten (10) hour day. In that case, they shall receive
ten (10) hours of pay. In all events, where the employee is scheduled off for the
holiday, the employee is scheduled on during a holiday, the employee shall be
paid their regular rate of pay for working the holiday (time and one-halt) and shall
be paid straight time for the holiday. Hourly rate employees must work their
regular work days immediately before and after the holiday in order to receive pay
for the holiday or be in an authorized with pay status immediately before and after
the holiday.
28.3 A full-time employee required to work and who actually works on an observed
holiday, or on the actual calendar day of the holiday but not both, shall receive
time and one-half (1 ~) their regular rate of pay for all hours worked in addition
to that payment provided in 28.2.
28.4 Employees on vacation, annual military leave, jury duty, sick leave, funeral leave,
and other absences from duty, but on active pay status on the day the holiday is
observed must use the holiday on the same day that it is earned. Holidays that
occur during vacation leave shall not be charged against such vacation leave.
28.5 Holidays falling on a Saturday shall be observed the preceding Friday. Holidays
falling on Sunday shall be observed the following Monday.
53
ARTICLE 29
29.0 COMPASSIONATE LEAVE
29.1 In the event of the death of the mother, father, child, foster parent, foster child,
brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law,
grandparent, grandchild, mother-in-law, or father-in-law of a regular employee,
the employee shall be entitled to paid compassionate leave not to exceed three (3)
consecutive workdays for anyone death. However, if it is necessary for the
employee to leave the State in connection with the interment of the deceased, five
(5) consecutive workdays shall be allowed. Employees must submit proof of death
in order to be eligible for this article. The City Manager may grant additional
leave under this section when he/she deems it appropriate.
54
ARTICLE 30
30.0 MILITARY LEAVE
30.1 Reserve Training: All employees in the City service who are members of military
reserve units and who must attend annual training sessions are entitled, pursuant
to Florida Statute 115.07, to seventeen (17) calendar days with pay each year in
order that these employees may fulfill their military obligations. Fire department
shift personnel will be granted a maximum of nine (9) shift days.
30.2 Active Duty: All employees who are reservists and are ordered to active military
duty shall continue to receive full City pay for the first thirty (30) days of active
duty and thereafter shall receive supplemental pay from the City, in an amount
necessary to bring their total compensation, inclusive of their base military pay, to
the level earned at the time they were called to active military duty.
30.3 The City will continue to pay the eligible employee's portion of health, dental and
life insurance premiums and the City's pension contribution. If an employee has
dependent insurance coverage, the Finance Department will consider this in
determining the amount of supplemental pay so that the dependent insurance
premiums can be paid prior to the supplemental check calculation. The
employee's pension contribution will also be made prior to the supplemental
check calculation. If the supplemental pay is not sufficient to pay the dependent
coverage, the employee will be responsible for sending the City a check to cover
the dependent premium. The employee will also be responsible for making
arrangements for any other benefit premium or other deduction.
30.4 Continued Service: Unless the person provides the City with written notice that
they do not plan to return to employment with the City, no break in service will
occur during the period of active duty and the employee with continue to accrue
service for purposes of seniority and pension eligibility
55
ARTICLE 31
31.0 LEAVE OF ABSENCE
31.1 A regular employee may be granted leave of absence without pay for a period not
to exceed six months for sickness, disability or other good and sufficient reasons
that are considered to be in the best interest of the City. Requests must be in
writing. A leave of absence without pay of up to thirty (30) calendar days can be
approved by the employee's Department Head and the Human Resources
Director. A leave of absence in excess of 30 calendar days must be approved by
the City Manager. Employees that are on approved leave of absence without pay
will be responsible for paying all their benefit premiums, e.g., insurance, etc.
31.2 Leave of absence without pay will not be granted in order to accept employment
with another employer. If granted, leave of absence without pay may subsequently
be withdrawn and the employee recalled to service. All employees on leave of
absence without pay are subject to applicable provisions of these rules. There will
be no accrual of sick leave, vacation leave or seniority during a leave of absence
without pay exceeding thirty (30) days.
31.3 The City Manager, at his or her discretion, may approve up to an additional 6
months leave of absence without pay.a
56
ARTICLE 32
32.0 UNAUTHORIZED ABSENCE
32.1 A bargaining Unit Member who is absent from work without authorized leave for
a period of more than three days shall be deemed to have abandoned his or her job
and shall be separated from employment with the City. Separation of this type
shall not be considered a disciplinary separation.
32.2 However, a bargaining unit member who is absent from work without authorized
leave for a period of not less than three (3) days or more than thirty (30) days, but
who was physically unable to notify his/her employer or have another person
notify his/her employer shall not be deemed to have abandoned his or her job and
shall not be separated from employment with the City. Under these circumstances
the Director, Human Resources must be provided with details of the absence and
helshe must determine if just cause exists.
57
ARTICLE 33
33.0 JURY DUTY
33.1 Leave with pay may be authorized in order that regular employees may serve
required jury duty or a subpoena issued by a court of law to appear as a witness on
cases relevant to the City, provided that such leave is reported in advance to the
Department Director. All pay granted under this section must be approved by the
Department Director. In order for the employee to receive their regular pay for
such leave the employee must deposit the money which he/she receives for jury
duty or as a witness with the City Finance Department for those days that coincide
with hislher regular work schedule, unless otherwise provided by law. Employees
can keep only travel expense monies. Employees subpoenaed as witnesses in
cases unrelated to City business may take vacation leave in order to receive pay.
58
ARTICLE 34
34.0 SENIORITY & LAYOFF & RECALL
34.1 For the purpose of this Contract, "seniority" shall be defined as the employee's
length of continuous service with the City of Boynton Beach. The City and the
Union recognize the value of an experienced workforce and agree that an
employee's seniority shall be considered along with the needs of the City, when
affecting decisions on vacations, promotions and shifts.
34.2 Employees shall lose their seniority for the following reasons:
a. Termination
b. Retirement
c. Resignation
d. Layoff exceeding the period of recall
e. Unexcused absences for three (3) or more days
f. Failure to report to the human resources office intention of returning to
work within five (5) days of receipt of recall as verified by certified
mail.
g. Failure to report from military leave within the time prescribed
34.3 Layoff and recall of employees shall be handled in the following manner:
a. The City Manager may lay-off any employees in the bargaining unit
whenever such action is made necessary because of shortage of work or
funds, the abolition of a position or changes in the work force.
However, no regular employee shall be laid off while there are employees
with less seniority or temporary or part time or provisional or probationary
employees in the same classification serving in the department where the
lay-off occurs.
b. Whenever a layoff of one or more employees becomes necessary the City
Manager shall notifY the Union at least two weeks in advance of the intended
action and the reasons therefore.
c. Layoffs will be made in reverse order of seniority within the department.
Senior laid-off employees of the department shall be able to displace (bump)
junior employees who are in any equivalent or lower classification for which
the bumping employee is eligible for or for which he qualifies by meeting the
requirements as set forth in the job description.
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d. Laid-off employees also shall have the right to accept the lay-off. In this
connection, the laid-off employee shall have his name placed at the top of the
eligibility list for any position which becomes open, and for which the
employee is qualified. The employee may pass or accept placement into any
such open position for a period of one year. -
e. Employees shall have recall rights for a period of one year from the date the
lay-off took affect. Upon recall, employees shall have all seniority and
benefits restored with the exception of any benefits that were cashed in during
lay-off period.
f. Employees may also choose to accept the lay-off at the time of the initial lay-
off and receive a severance package of nine weeks wages. In this connection,
the employee may not reapply to a position within the City for one year from
the date the lay-off took affect and shall not be placed on the recall list.
g. It shall be incumbent on the laid-off employee to ensure the City has
information pertaining to his most recent address for the purpose of recall.
h. Employees shall be recalled in the inverse order of the layoff. The City shall
recall employees via a written document using the US Mail service. Recall
letters shall be sent certified, with a return receipt requested. Employee shall
have ten (10) business days to respond to the recall letter. A laid-off employee
who is temporarily unable to return to work due to medical reasons shall
receive an extension of recall rights not to exceed four (4) months.
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ARTICLE 35
35.0 RECRUITMENT AND SELECTION
35.1 In order for the City to be operationally competitive with other governmental
entities as well as the private sector, the recruitment and retention of qualified
employees is of paramount importance. To achieve maximum efficiency the City
must have the flexibility to fill vacancies through either promotion or outside
hiring. Vacant positions shall be filled in the best interests of the City through
recruitment, selection, and promotion of employees on the basis of their
qualifications and relative knowledge, abilities, and skills; provided that where
these factors are equivalent, preference will be given to current employees.
35.2 Basic Requirements
35.2.1 Human Resources is responsible for the nondiscriminatory implementation
of this policy
35.2.2 Each department is responsible for assisting the Human Resources
Department with recruitment, interviews, tentative selections, and
recommendations for appointment. Departments have no authority to
modify or waive the provisions of the PPM.
35.2.3 Human Resources has primary responsibility for hiring employees. All
employment discussions are to be considered non-obligatory, exploratory,
and tentative in nature and should be indicated as such to the applicant.
Any offers of employment made to an individual prior to obtaining all
necessary authorizations shall not be binding on the City.
35.2.4 The City shall make every effort to fill open bargaining unit positions
within sixty (60) days of the position becoming vacant, except that nothing
here shall prevent the City from changing, modifying or eliminating vacant
bargaining unit positions.
35.3 Procedures
35.3.1 Applications and Interviews
35.3.1.1 Once Human Resources has officially announced a job vacancy
through the posting of an Employment Opportunity notice, the
official recruitment process has begun. The recruitment process
may be withdrawn for any position, provided that such is not
arbitrary or capricious, upon written notice to the union by the
Director of Human Resources.
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35.3.1.2 Individuals desiring consideration for employment must submit an
Application for Employment, or a resume to Human Resources.
Employees are encouraged to submit applications for promotional
opportunities. All applicants submitting a resume and granted
further consideration shall complete an Application for
Employment. Veterans' preference will be given in compliance
with current legislation.
35.3.1.3 Applications must be signed by the applicant. Falsification of any
part of the Application for Employment or any related documents
may, upon discovery, lead to the denial of an application,
withdrawal of an offer of employment, or dismissal of the
employee.
35.3.1.4 All applications and resumes received by departments must be
forwarded to Human Resources.
35.3.1.5 Applications for employment may be accepted by the Human
Resources Department when there are current vacancies for a
specified position.
35.3.1.6 When a vacancy occurs, previously submitted applications and
resumes on file in Human Resources may be considered in addition
to all new applications and resumes received until the established
closing date or until the vacancy is filled.
35.3.1.7 Certain classifications may require applicable testing prior to being
given consideration. Human Resources will administer tests
required and ensure that passing scores are attained prior to
forwarding an application to a department for consideration.
35.3.1.8 Human Resources shall advise the appropriate Department Head of
the eligible applications.
35.3.1.9 Upon receipt of the eligible applications, the department should:
a. Review and evaluate all applications and resumes based on, but not
limited to relative qualifications, knowledge, abilities, skills,
education, experience, and certifications or licenses required in
accordance with current class specifications; and,
b. Prepare an interview schedule and conduct interviews. Human
Resources may assist in scheduling, contacting, or co-interviewing
of applicants at the request of the department; and
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c. Determine which candidates are most suitable for further
consideration and proceed with additional interviews, if necessary;
and,
d. Determine whether the applicant pool not was sufficient prior to
recommendation for employment.
35.3.2 Selection, Reference Checks and the Recommendation Process
35.3.2.1 Once the interview process has determined suitable applicants,
the department shall be responsible for checking references. No
inquiry regarding criminal records, credit history or medical
conditions shall be made at this step of the evaluation.
35.3.2.2 Human Resources may also conduct verifications regarding
academic degrees, previous employers, and character references.
All information provided on the Application for Employment will
be subject to verification as needed.
35.3.2.3 Once the results of reference checks and other verifications
appear satisfactory, the department will be notified in order that
processing may continue.
35.3.2.4 The department may then recommend an applicant for employment
and submit the proper forms to Human Resources for processing.
The Human Resources Director shall be responsible for reviewing
recommendations to assure fairness in the process. If the
Department Director proposes a salary that exceeds the minimum
of the position's pay range, written justification must be included
for consideration of the salary. The Union shall also be notified of
the proposed deviation in pay.
35.3.2.5 Upon receipt of a recommendation for employment and in
conjunction with a tentative offer of employm(jnt, a pre-
employment physical, which may include a drug test, for the
applicant is then scheduled. Medical examinations must be.
satisfactorily passed to determine fitness to perform the duties of
the position. At this step of the hiring process, Human Resource,
with the assistance of the Florida Department of Law Enforcement
(FDLE) shall check the prospective employee for a criminal record
and may obtain, following the requirements of the Fair Credit
Reporting Act, the prospective employee's credit.
35.3.2.6 After acceptance of an applicant's physical examination and drug
test results, criminal background check and credit check, if
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required, the Human Resources Director may authorize proceeding
with the hiring process.
35.3.3 Employment Acceptance
35.3.3.1 Employment acceptance must be made by the applicant within
three (3) workdays of the department's employment offer, unless
otherwise extended by Human Resources. If employment
acceptance is declined, the department may consider another
applicant from the recruitment's applicant pool, or the department
may choose to begin a new recruitment. Employment Procedures
shall be followed in either case.
35.3.3.2 The department must notify Human Resources of the tentative hire
date. New employees must provide proof of work eligibility and
verification of identity to the City. Human Resources will forward
the necessary employee paperwork to the Finance Department for
payroll purposes.
35.3.4 Orientation
Human Resources shall schedule and conduct a general orientation program for
all new employees to explain the City's history and organization, to complete
benefit program enrollments, and to stress the use of safe work practices.
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ARTICLE 36
36.0 SAFETY AND HEALTH
36.1 The City shall comply with all State and Federal regulations pertaining to the
occupational safety of the members of this bargaining unit. The City has and will
maintain a safe and healthy working environment for bargaining unit employees.
36.2 Employees who are in positions designated by the Safety Committee will receive
a shoe wage allowance of $190.00 each year for safety shoe/boots payable once
for each year of this Agreement.
The CitylSafety Committee will be responsible for deciding which positions
require the wearing of safety shoes based on OSHA standards and
recommendations. Management shall determine the type and quality of such
shoes.
36.3 Employees who fail to wear proper safety equipment when required are subject to
disciplinary action.
The City shall provide specialty shoes/boots as necessary, at no cost to the
employee, such as di-electric boots or after documentation from a physician
indicating a medical condition exists.
36.4 The City shall make available immunization shots for tetanus, hepatitis, and
diphtheria for all members of the bargaining unit as requested on a voluntary
basis.
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ARTICLE 37
37.0 INSURANCE
37.1 The City shall pay the total medical insurance, dental insurance, and vision care
premiums for all regular employees. The employees will pay the fulL cost of
medical insurance, dental insurance, and vision care premiums for their
dependents. Existing or comparable coverage shall remain in effect for the
duration of this Agreement; however in the event the City can provide for
alternative equivalent benefits options for employees then the health insurance
coverage for the employee and their dependents may be amended from time to
time. In this connection, should the employees' cost to provide dependent
coverage for their dependents increase more than fifteen (15) % during any fiscal
year, the City agrees to open this Article for the purpose of impact bargaining.
The selection of insurance coverage shall be made on an annual basis by the City.
To that end, the City will form an insurance committee to be comprised of an
equal number of non-represented members who are appointed by the City
Manager and two members from each of the city's bargaining units. Bargaining
unit representatives shall be designated by the Union. The final decision regarding
selection of coverage is reserved to the City, but the City shall strongly consider
input and recommendations from the insurance committee.
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ARTICLE 38
38.0 PERSONNEL FILES
38.1 A personnel file for all City employees is maintained by the City's, Human
Resources Department. If a request is made to review an employee's personnel
file by someone other than the Department Director, the Human Resources
Department Staff or the City Manager's office, a notice will be sent to the
employee notifying himlher of such a request. Consistent with State law, the City
agrees that upon request, a member shall have the right to inspect his/her own
personnel records and shall have the right to make one duplicate copy of his/her
records at no expense. Additional copies may be obtained at the employee's
expense. The City will purge personnel files in accordance with appropriate
Florida State Statutes. The employee file maintained by the Human Resources
Department shall be the official file for each employee.
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ARTICLE 39
39.0 TUITION ASSISTANCE PROGRAM
39.1 PURPOSE\
Defines the Tuition Assistance Program, which reimburses eligible employees for
successful completion of approved courses up to a $1,500.00 cap for Associate
degrees, a $2,000.00 cap for Bachelors degrees, and a $3,000.00 cap for graduate
degrees per fiscal year for tuition and books. The City makes no commitment to
employees that advancing their education will result in either a promotion or pay
increase.
39.2 SCOPE
39.2.1 The provisions of this procedure shall apply to all full time employees who
choose to attend an accredited college or university to pursue an approved
degree course.
39.2.2 LIST OF RESPONSIBILITIES:
a. All full time Employees
b. Division Heads
c. Department Managers
d. Tuition Assistance Coordinator
e. Director, Organizational and Strategic Development (OSD)
f. Human Resources
39.2.3 DEFINITIONS
39.2.3.1 Full time employee - an employee who has completed one year of
service with the City after hiring or promotion to full time status.
39.2.3.2 Tuition Assistance Coordinator-Assigned designee who
coordinates the Tuition Assistance Program.
39.2.3.4 Director, Organizational and Strategic Development - Assigned
person who supervises the Tuition Assistance Program.
39.2.3.4 CAP - Upper limit on dollar amount that the City shall reimburse.
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39.3 REQUIREMENTS
39.3.1 Eligibility
39.3.1.1 Applicants shall be full-time employees and meet the following
performance and length of service requirements prior to beginning
classes.
39.3.1.2 Full time employees who have completed their one-year probation.
Part-time and Temporary Employees shall not be eligible to receive
tuition assistance.
39.3.1.3 Employees must maintain a minimum or comparable rating of
"meets standards" on performance reviews in order to remain
eligible for tuition assistance.
39.3.2 Application
39.3.2.1 Employees may apply for reimbursement limited to $1,500.00 per
AA or AS, $2,000.00 per BA or BS, and $3,000.00 for graduate
degrees cap per Fiscal Year by completing the Application for
Tuition Assistance form (pDF. 021) available in the Organizational
& Strategic Development department, Human Resources
departments, and on the "S" drive.
39.3.2.2 Application is restricted to tuition and texts only for approved
courses required in the program.
39.3.2.3 Approval Cycle: Completed applications for Tuition Assistance
should be submitted by the applying employee to their manager for
approval, then sent through their area signature cycle, including
their Division Director and then to the Tuition' Assistance
Coordinator who will submit it to the Director Organizational &
Strategic Development for final approval.
39.3.2.4 The Director Organizational and Strategic Development must
approve applications prior to attending the first class to verify the
class is eligible for reimbursement. Employees who begin classes
prior to approval by those listed on the Approval Cycle will not be
reimbursed. Incomplete applications will be returned to the
employee and will delay approval.
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39.3.2.5 Original receipts for tuition and books should be sent to the Tuition
Assistance Coordinator as soon as they are available.
Reimbursement will not be made without original receipts.
39.3.2.6 Final approval of all Tuition Assistance applications rests with the
Director of Organizational & Strategic Development. Job-
relatedness as determined by the City shall factor significantly into
the City's decision to approve a given course or program.
39.3.2.7 Once approved, a copy of the application shall be returned to the
employee. This copy should be saved and re-submitted with the
original course grade at the end of the course to the Tuition
Assistance Coordinator. Courses or books that are rejected from
reimbursement shall be noted on the copy.
39.3.3 Selection of courses and schools
39.3.3.1 Tuition Assistance is granted at the City's sole discretion for
individual courses based on course content and job-related factors.
Generally, courses must aid employees to improve performance in
their present job or prepare for advancement within the City. All
courses in a degree program shall not be automatically covered.
Electives must be chosen to provide the greatest benefit for the
employee's current position or a future position within the
organization.
39.3.3.2 Colleges and universities must be accredited by the appropriate
regional accrediting association, and must be included in Florida's
Independent Licensed and Accredited Colleges and Universities
and/or the Directory of Accredited Institutions.
39.3.3.3 Colleges and Universities granting degrees by distance learning
media must be accredited by the appropriate regional accrediting
association, and must be included the Directory of Accreditea
Institutions. The availability of courses at a community college or
four-year university in the local area, as well as the ability of the
employee to attend these classes, shall be a determining factor in
approving a correspondence course.
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39.4 Ineligible Courses
39.4.1 Certain courses shall be considered ineligible for reimbursement under all
circumstances, even if they are a degree requirement. Examples of these
types of courses are: physical education and sex education classes.
39.4.2 Seminars, of any kind, shall not be reimbursed under the, Tuition
Assistance Program.
39.4.3 The Tuition Assistance Program shall not cover classes that earn
Continuing Education Units (CEUs).
39.4.4 Review courses designed to "coach" the participant to improve their
chances in passing a test, such as a CPA examination or college entrance
test (SAT), shall not be covered.
39.4.5 Courses that are graded on a passlfail option shall not be eligible.
39.4.6 Courses that officially began prior to the employee becoming eligible for
tuition assistance shall not be eligible.
39.4.7 Courses issuing credit for "Life Experience" or Portfolios shall not be
covered.
39.5 Materials and Fees
39.5.1 Eligible for reimbursement.
39.5.1.1 One hundred percent (100%) of tuition shall be reimbursed if a
grade of "B" or better is earned. Fifty percent (50%) of tuition
shall be reimbursed if a grade is "C." There shall be no
reimbursement for courses where the earned grade is below "C."
39.5.1.2 Cost of all required books for which an original receipt is
submitted shall be reimbursed. Employees may be required to
provide documentation that their professor or instructor requires
certain books.
39.5.2 Ineligible for Reimbursement.
39.5.2.1 The following fees shall be ineligible for reimbursement: activity,
administrative, application, course change, entrance exams (e.g.,
SA T, GRE, GMA T), graduation, health, laboratory, late
registration, library, parking, registration, transcript, etc.
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39.5.2.2 The following equipment, supplies or miscellaneous costs shall be
ineligible for reimbursement: pens, pencils, folders, notebooks,
study guides, private tutoring, calculators, tape recorders,
photographic equipment or supplies, computer equipment or
supplies, software, etc.
39.6 Tuition and Books
39.6.1 Eligible for Reimbursement
39.6.1.1 The maximum per hour reimbursement will be based on the
current tuition rates at Public institutions in the area, and is limited
to tuition and texts only for approved courses.
39.6.1.2 The approved copy of the Application for Tuition Assistance form
shall be documentation that the employee is eligible for Tuition
Assistance in accordance with City policy. This approval does not
imply the City will accept responsibility to pay the employees
tuition to the school or any other party.
39.6.1.3 Tuition and books which are paid by student loans are covered
under this policy. Employees must produce proof of student loan if
they are not the payee on the registration documentation.
39.6.1.4 Employees will be reimbursed the difference between the amount
covered by non-refundable financial assistance and the total cost of
tuition and books up to the maximum of the amount allowed under
this policy when the cost of tuition and books exceed the limit of
the scholarship or financial aid. Employees must provide proof of
financial aid and or the value of the scholarship.
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39.6.2 Ineligible for Reimbursement
39.6.2.1 Courses which are covered under any non-refundable financial aid,
including scholarships, and government assistance, are not covered
under this policy. Employees may not submit claims for
reimbursement for tuition or books, which are covered by non-
refundable financial assistance.
39.7 Terminated employees
39.7.1 If an employee receives approval for a particular semester and begins
attending classes, but is involuntarily terminated by the City prior to the
completion of the courses, the City may at its sole discretion reimburse the
covered expenses. The course must have already started prior to the
involuntary termination for reimbursement to be paid.
39.7.2 Employees who voluntarily leave their employment or are terminated "for
cause" will be required to reimburse the City 100% of the tuition
assistance received during the 24 month period prior to their termination
date.
39.8 Submission of Grades
39.8.1 A copy of the approved Application for Tuition Assistance form or a
facsimile shall be re-submitted to the Tuition Assistance Coordinator
along with the original grade report and any remaining original receipts.
39.8.2 Approved applications will be held for four (4) weeks after the anticipated
course completion date. Grades or receipts not presented by this time shall
not be reimbursed.
39.8.3 Employees will usually be reimbursed for approved courses within four
weeks from submission of the final grade report. All reimbursements shall
be paid by City check.
39.8.4 If a degree is earned, a copy must be submitted to the Tuition Assistance
Coordinator so that it may be included in the employee's file.
39.9 Disbursement
39.9.1 Tuition assistance will be granted up to and including available funds in
the budget for the fiscal year. At no time will reimbursements exceed the
available funds in the current fiscal year budget.
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39.9.2 Reimbursements will not be retroactive and will cover only those classes
taken in the fiscal year in which they applied.
39.10 Responsibility and Authority
39.1 0.1 Management, at all levels, shall be responsible for enforcing this policy
within their area.
39.10.2The interpretation and administration of this policy shall be the
responsibility of the Director of Organizational and Strategic
Development.
39.1O.3The Director of Organizational and Strategic Development or assigned
designee, shall be responsible for the audit, approval, and processing of
tuition assistance applications and reimbursements.
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ARTICLE 40
40.0 GENERAL PROVISIONS
40.1 Except in the case of negligence or misuse all employees requested to furnish
tools for their job shall receive replacement tools for tools broken in performance
of the City's work provided they furnish the City with a list of their personal tools
approved by their department head. Employees who are assigned City-provided
tools, materials and items of value to perform their job, and who lose those tools,
materials and items of value, shall be responsible for replacing those lost tools,
materials and items of value. Tools stolen from their assigned City-owned vehicle
or City property shall be replaced by the City, if there was no negligence in their
loss. In the event that the employee was negligent, the employee shall be
responsible for the replacement of the stolen tools.
40.2 The employee shall be allowed to place written refutations and or responses into
their personnel file and/or departmental work file when those refutations or
responses relate to material placed into the personnel file that has been prepared
by supervisors.
40.3 Uniforms will be provided annually as follows, unless otherwise indicated below:
Application Technicians
911 Communications
Code Enforcement
6 Shirts, 2 Pants
6 Shirts
6 Shirts, 5 Pants, 1 Jacket (Bi-
Annually), 2 Baseball caps
6 Shirts, 2 Pants, 1 Jacket, (Bi-
Annually), 2 Baseball caps
6 Shirts, 2 Pants, 1 Jacket (Bi-
Annually) 2 Baseball caps
6 Shirts, 5 Pants
6 Shirts, 5 Pants
6 Shirts, 5 Pants, 1 Jacket (Bi-
Annually), 2 Baseball caps)
Field Inspectors
Plan Review Analyst
Police Records Technicians
Service Writers
Water Quality Lab Technicians
Fire Inspectors, Community Service Officers, Police Crime Scene Technicians
and other employees covered by this agreement but not listed will be issued
uniforms accordance with the Department policy. The cost of the uniforms shall
be borne by the City. Employees are required to return uniforms to the City when
they terminate employment.
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40.4 All uniform pieces and any uniform shoes required by the department to comply
with departmental appearance standards shall be supplied by the City All uniform
articles will be provided through the City's warehouse.
40.5 Employees who are not required to wear uniforms shall be allowed to continue to
wear City polo shirts in the color choice of the City. The City shall provide six
(6) polo shirts to each employee on their anniversary date. The cost of uniforms
and/or polo shirts shall be borne by the City.
40.6 No alcoholic beverages are to be purchased or consumed while wearing a City
polo shirt or a City uniform.
40.7 Automobile Allowance - Employees who are employed in the Building and
Occupational License Department, and who are regularly required to use their
personal vehicle for City business shall receive a $490.00 monthly car allowance.
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ARTICLE 41
41.0 DUES DEDUCTION
41.1 F or all union business, employees covered by this agreement should first contact
their union steward.
Employees covered by this Agreement may on the prescribed form, authorize
payroll deduction for the purpose of paying LOCAL 1227 dues deductions and/or
COPE deductions. Employees shall receive copies of the form from either the
City Finance Department or their Union office.
41.2 The Union will initially notifY the City as to the amount of dues and COPE
deductions. Such notification will be certified to the City in writing over the
signature of an authorized officer of the Union. Changes in Union membership or
COPE dues will be similarly certified to the City and shall be done at least one (1)
month in advance of the effective date of such change. To revoke the payment of
Union dues or COPE deductions, the employee shall go to the Union office and
Union staff shall prepare and mail notice of such change to the City's Finance
Department.
41.3 Dues shall be deducted each pay period and remitted monthly and the funds shall
be remitted along with a list of employees contributing to the Treasurer of
LOCAL 1227 within fifteen (15) days after the end of the month. The Union will
indemnify, defend and hold the City harmless against any claims made or suits
instituted against the City on account of payroll deduction of Union dues.
COPE deductions will be remitted to the union in a separate check on a quarterly basis
beginning April 2004.
41.4 F or the purpose of putting this article into effect, the Union will furnish forms for
such individual authorization reading as follows:
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NOTICE TO CITY AND UNION AUTHORIZATION
FOR DEDUCTIONIDISCONTINUA TION OF UNION DUES
_I hereby authorize my City to deduct from my salary each pay period my Union
dues, as certified to the City by the Union, and to transmit this amount to the
Treasurer of the Union.
_I hereby authorize my employer to deduct from my salary each pay period my COPE
deduction of $1.00 per week, as certified to the employer by the union, and to
transmit this amount to the Treasurer of the union.
I understand that this authorization is voluntary and I may revoke it at any time by
give my City and the Union thirty (30) days advance notice in writing.
Date
Signature
Job Title
Social Security No.
Name Printed
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ARTICLE 42
42.0 PENSION
Employees will continue to participate in the employees' pension plan of the City
of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual
actuarial valuation report will be provided to the Union, in its entirety" upon
request from the Union.
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ARTICLE 43
43.0 SUBSTANCE ABUSE
43.1 The NCFO, LOCAL 1227 recognizes and supports the City's Drug Free
Workplace Policy as adopted in City Code 2-19 and will work with the City to
enforce the provisions of the policy. The City's Drug Free Workplace Policy
applies to all members of this bargaining unit. Drug testing procedures and
positive test levels shall be as set forth in Florida Statute 112.0445, Florida's Drug
Free Workplace Act, and FAC 4L-9.015. Positive test levels for employees who
are engaged in operation of vehicles or equipment and covered by other state or
federal regulations shall be as established by those regulations.
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ARTICLE 44
44.0 PROBATIONARY PERIOD
44.1 In order to determine that each employee is placed in a position most likely to
result in a successful career at the City, all newly hired or promoted employees
shall be required to complete a probationary period.
44.2 New Hire (Full-time):
Each new full-time employee must successfully complete a probationary period of
twelve months from the date of hire.
Promotion from Part-Time to Full-Time:
Each promoted employee must successfully complete a probationary period of
twelve months from the date of promotion.
Upon successful completion of the probationary period, the probationary
employee will be considered a regular employee.
44.3 Promotion to a Higher Graded Position:
Each promoted employee must successfully complete a probationary period of six
months from the date of promotion. Note: Applicants for promotion must have
been in their current position for a minimum of six months and have a Meets
Standards or higher performance rating.
44.4 Transfer to a different position, whether in the same or a lower grade:
Each transferred employee must successfully complete a probationaty period of
six months from the date of transfer. Probationary employees, whether in their
first year as an employee or in their six-month promotional probationary period'
have no property entitlement to their position.
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ARTICLE 45
45.0 LONGEVITY BENEFIT
45.1 Employees eligible are those employees who:
a.Have been employed with the City on a regular full-time basis and continuous
basis for a minimum of five (5) years
b.Have an overall "Meets Standards: or above rating on the previous employee
evaluation
45.2 Employees will receive a cash Lump Sum Bonus as follows:
On the employees fifth (5th) anniversary a lump sum payment of $500.
On the employees tenth (10th) anniversary a lump sum bonus payment of$1000.
On the employees fifteenth (l5th) anniversary a lump sum bonus payment of$I,500.
On the employees twentieth (20th) anniversary a lump sum bonus payment of $2,000.
On the employees twenty-fifth (25th) anniversary a lump sum bonus payment of $2,500.
On the employees thirtieth (30th) anniversary a lump sum bonus payment of $3,000.
On the employees thirty-fifth (35th) anniversary a lump sum bonus payment of$3,SOO.
On the employees fortieth (40th) anniversary a lump sum bonus payment of $4,000.
45.3 Any pay earned for Longevity Benefits is subject to required Federal deductions.
45.4 Employees who terminate from the City employment prior to their hire
anniversary date will not be entitled to benefits.
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ARTICLE 46
46.0 BONUS INCREASES
46.1 In addition to any other monetary benefit, the City Manager is authorized to
approve a bonus of $500.00 when such a bonus justified, in writing; on the
prescribed forms by the Department Head. This bonus will. not affect the
employees pay grade and step. Funds for the bonus will be budgeted as a separate
allowance and administered under the direct control of the City Manager.
Employees are not automatically entitled to bonus is a system where top
performance can be recognized by the immediate supervisor and prompt rewards
can be made at the discretion of the supervisor provided the department head
concurs. This top performance must be substantiated by the supervisor and the
Department Head using the prescribed forms furnished by the City Manager.
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ARTICLE 47
47.0 LABOR-MANAGEMENT
47.1 A joint labor/management committee composed of an equal number of
representatives from the union and management shall meet within ninety (90)
days of the ratification of this agreement to study and make recommendations on
ways to minimize overtime costs, standby costs, and improve working conditions
for employees, or to take up other subjects as determined by the committee.
During the first meeting, the committee shall determine a meeting schedule to be
implemented.
84
ARTICLE 48
48.0 SAVINGS CLAUSE
48.1 If any article or section of this Agreement should be found invalid, unlawful or
not enforceable, due to any existing or subsequently enacted legislation or by
judicial authority, all other articles and sections of this Agreement shall remain in
full force and effect for the duration of this Agreement.
85
ARTICLE 49
49.0 MAINTENANCE OF CONDITIONS
49.1 Except as provided herein, the status quo as it pertains to conditions shall remain
in effect for the duration of this Agreement. Changes to rules and regulations
which reflect standing policy, past practices, management rights, minor changes,
and changes which do not impact on members of this unit may be made by the
City upon notification to the Union. There is no non-salary (age or allowance)
monetary benefit, except as set forth or incorporated by reference in this
Agreement.
49.2 If past practice or status quo is raised at any time during the term of this contract,
then the Union and City agree to document the resolution of the status quo or past
practice by Letter of Agreement, and such letter of agreement shall not survive
this agreement unless incorporated into future agreements.
86
ARTICLE 50
50.0 POSTING OF AGREEMENT
50.1 The City will maintain a copy of this Agreement for inspection in the Human.
Resources Department.
50.2 The City will post a copy of this agreement, as ratified, on the City's web page.
50.3 The City will provide the NCF&O with a copy of this agreement on compact disk.
50.4 The City will provide each new employee with a copy of this Collective
Bargaining Agreement at the time of their initial orientation.
87
ARTICLE 51
51.0 COLLATERAL DOCUMENTS
51.1 This Collective Bargaining Agreement does not exist in a void. Provisions of the
City's PPM, APM, Departmental Rules, and other policies established by
resolution or ordinance (collectively referred to as collateral documents), are
applicable to bargaining unit members unless the terms of said collateral
documents conflict with the terms of a specified article in this agreement, in
which case the terms of this Agreement shall control..
51.2 Nothing herein shall be interpreted to preclude the right of the Union or City to
impact bargain, subject to applicable law.
88
ARTICLE 52
52.0 DURATION
This Agreement shall become effective on ratification by both parties as prescribed by
Chapter 447, Florida Statutes and remain in full force and effect until September 30,
2009. No wage or benefit provided herein is retroactive in nature prior to the effective
date of this Agreement. Wage and benefit levels existing on September 30, 2009 shall be
frozen as of that date and shall constitute the status quo during any period of negotiations
for a successor agreement.
Agreed to this 1.3 day of SepT. , 2006 by and between the respective parties
through the authorized representatives of the Union and the City.
NATIONAL CONFERENCE OF FIREMEN & OilERS, SEIU, AFl-
CI ,ClC
RESIDENT
Sharon Munley
Witness
6/4:> ~
Witness
CITY OF BOYNTON BEACH
€1rJr
~"b' mett.k
Witness
'. ~~
RK Witness
nito ~
-'-"-"-"-"-"-"-"-"-"-"-"- -"-"-"-"-"-"-"-"-"-"-"-"-"-"-"
FORM AND CORR~
~. ATTORNEY ~ CITY MANAGER
James Cherof Kurt Bressner
Date ratified by Commission: 8 - 1- 0 b
Date ratified by Union: G:, -a 9 - 0 b
89
Appendix "AI! CITY OF BOYNTON BEACH
NCF&O/SEIU UNION TIME-OUT FORM
(Request to be absent from duty by an authorized Union Representative)
I,
RLPRESENTATlVE'S NAME
----, request to be absent from duty for a union
meetin~ at
,on
, at
for
LOCATION
the following Reason:
Grievance
Consultation with Management
Pre-Determination Conference
Employee Requested Representation
Collective Bargaining
Arbitration
NCF&O Business
(CHECK ONE)
DATE
TIME
This form must be completed and
received by Finance within seven (7)
calendar days of the meeting date as
stated on this form.
Union Representative's Signature
Release Authorization - _ Approved Denied (Completed by Supervisor/ Manager)
-
~ ,
Printed Name Title Time Out
Signature Date
Meeting Verification (Completed by Management Representative at meeting or Supervisor
releasing employee for meeting with union representative)
I ,
Printed Name Title Meeting Start Time
~ I
Signature Date Meeting End Time
Return to Work (Completed by Super.visor/ Manager)
I I
Printed Name Title Time Returned
Signature Date
TOTAL ELAPSED TIME I ,
(Total elapsed time is the difference from the TIME OUT and the TIME RETURNED)
Reason for denial:
White/Human Resources Blue/Department Yellow/Employee Pink/Meeting Manager Green/Releasing Manager