R07-126
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RESOLUTION R07- i,afo
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE
PALM BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION - LIEUTENANTS FOR THE PERIOD
OF OCTOBER 1, 2007 THROUGH SEPTEMBER 30,
2010, AND AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach and the Palm Beach County Police
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Benevolent Association (PBA) - Lieutenants have successfully concluded negotiations for
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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
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ratified and confirmed by the City Commission.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
30 hereby ratify the Agreement between the City of Boynton Beach and the Palm Beach
31 County Police Benevolent Association (PBA) - Lieutenants for the period of October 1,
S:\CA\RESO\Agreements\CBA Ratifications\PBA - Us 2007 - 201O.doc
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2007 through September 30,2010, and authorizing and directing the Mayor and City Clerk
2 to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A".
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Section 3.
This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this /10 day of October, 2007.
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ATTEST:
~~
M. Prainito, CMC
Clerk
CITY OF BOYNTON BEACH, FLORIDA
/-./
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Commissioner - Carl McKoy
S:\CA\RESO\Agreements\CBA Ratifications\PBA - Us 2007 - 2010.doc
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CITY CLERK'S OFFICE
MEMORANDUM
TO:
Matt Immler
Police Chief
FROM:
Janet Prainito
City Clerk
DATE:
October 22, 2007
RE: R07-126 - Collective Bargaining Agreement with Police
Lieutenants
Attached for your information and files is a copy of the above-mentioned Resolution and
a copy of the Collective Bargaining Agreement. I have retained the original agreement
in the City Clerk's Office for Central File. Please contact me if there are any questions.
Thank you.
~1r7.
(J~
Attachment
c: Central File, Sharyn Goebelt
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2007\Matt Immler - Police Chief - R07-126 - Collective Bargaining
Agreement Lieutenants.doc
AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
POLICE LIEUTENANTS
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
OCTOBER 1, 2007 - SEPTEMBER 30, 2010
R01-1d.1o
Article
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TABLE OF CONTENTS
Page
Preamble.................................... .
Recognition................................ ..
No Strike or Lock-Out........................
Non Discrimination...........................
Dues Deduction...............................
PBA Representation...........................
Bulletin Boards and Records Requests...........
Rights of Lieutenants Under Investigation....
Legal Benefit...............................
Management Rights............................
Discipline.................... .
Subcontracting............................. ..
Rate of Pay..................................
Workers Compensation and Duty Disability.....
Call Back Pay................................
Bereavement Leave............................
Sick Leave...................................
Vacation.................................... .
Holidays.................................... .
Funeral Expenses.............................
Medical Expenses.............................
Uniforms.................................... .
Training.................................... .
Personnel Records............................
Shift Selection..............................
Seniority................................... .
Transfers and Shift Changes..................
Group Insurance..............................
Tuition Reimbursement........................
Off Duty Police Employment...................
Grievance and Arbitration Procedures.........
Past Practices...............................
Personal Vehicles............................
Promotions.................................. .
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Savings Clause...............................
Temporary Assignment.........................
Chemical Testing.............................
Entire Agreement ...............................
Duration of Agreement........................
Reopener. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Longevity Pay...........................
Signature................................... .
Appendix "A"
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PREAMBLE
This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter
referred to as the "City" and the Palm Beach County Police Benevolent Association, located in
West Palm Beach, Florida, hereinafter referred to as the "PBA", for the purpose of setting forth
the Parties' Agreements regarding rights, wages, hours, terms, and conditions of employment,
and benefits.
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ARTICLE 1
RECOGNITION
Section 1.
The City of Boynton Beach hereby recognizes the PBA as the exclusive
collective bargaining agent with respect to wages, hours and other terms and conditions of
employment for all employees in the bargaining unit.
Section 2.
The bargaining unit for which this recognition is accorded is as defined in
the certification granted by the Public Employees Relations Commission and comprises all full-
time police lieutenants. Excluded are all other employees of the City.
Section 3.
The City agrees that all correspondence, communication, or notice
required by law or otherwise pertaining to bargaining unit members' wages, hours, and terms and
conditions of employment shall be directed to:
John Kazanjian, President
Palm Beach County Police Benevolent Association, Inc.
2100 N. Florida Mango Road
West Palm Beach, Florida 33409
Attention: General Counsel
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ARTICLE 2
NO STRIKE OR LOCK-OUT
Section 1.
"Strike" means the concerted failure to report for duty, the concerted
absence of Lieutenants from their positions, the concerted stoppage of work, the concerted
submission of resignations, the concerted abstinence in whole or in part by any group of
Lieutenants from the full and faithful performance of their duties of employment with the City,
participation in a deliberate and concerted course of conduct which adversely affects the services
of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term
of or after the expiration of a collective bargaining agreement.
Section 2.
Neither the Union, nor any of its officers, agent and members, nor any
employee organization members, covered by this Agreement, will instigate, promote, sponsor,
engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of
work, illegal picketing, or any other interruption of the operations of the City.
Section 3. Each Lieutenant who holds a position with the City occupies a position of
special trust and responsibility in maintaining and bringing about compliance with this Article
and the strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida,
Article 1, Section 6. Accordingly, the Union, its officers, stewards and others responsible to
maintain compliance with this Article and the law, including their responsibility to abide by the
provisions of this Article and the law by remaining at work during any interruption which may
be initiated by others; and their responsibility in the event of breach of this Article or the law by
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other employees violating this Article or the law to return to work, and to disavow the strike
publicly.
Section 4.
Any or all Lieutenants who violate any provisions of the law prohibiting
strikes of this Article may be dismissed or otherwise disciplined by the City.
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ARTICLE 3
NON-DISCRIMINATION
The City will not interfere with the rights of officers to become members of the PBA, and
there shall be no discrimination, interference, restraint or coercion by the City, or any City
representative, against any officer because of membership or because of any activity in any
official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining
unit member who fails to join the PBA, as provided by law.
The City and the PBA oppose discriminatory behavior of any nature. The City and the
PBA shall work jointly to eradicate discriminatory conduct in the work place. To that end, the
City and the PBA agree that bargaining unit members have an affirmative duty to act against
discriminatory behavior when it occurs in their presence or comes to their attention.
Discriminatory conduct by an employee can result in disciplinary action up to and including
termination. Discriminatory conduct means any communication, verbal or non-verbal, which is
unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color,
religion, national origin, handicap, familial status, sexual orientation, age, or marital status.
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ARTICLE 4
DUES DEDUCTION
Upon receipt of notice from the PBA and approved by the City which has been
voluntarily executed by a City employee who is a member of the bargaining unit, the City will
deduct from the pay due the employee, those dues and uniform assessments required to retain
PBA membership as certified by the PBA. The total amount of deductions shall be remitted each
month by the City to the Treasurer of the PBA. This authorization shall remain in full force and
effect during the term of this Agreement or for thirty (30) days after notification of the
revocation of the authorization to deduct by the employee.
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ARTICLE 5
PBA REPRESENTATION
Section 1. Neither Party in negotiations shall have any control over the selection of
the negotiating or bargaining representatives of the other Party.
Section 2. The City shall recognize elected PBA representative for the purposes of
bargaining and any bargaining team members shall be permitted to attend bargaining sessions
which may occur during their regular tours of duty without any loss of pay. The City shall not be
required to provide overtime to any employee attending negotiations.
Section 3.
The Parties agree that the PBA may establish a system of Representatives
for the bargaining unit. Representatives on duty shall be permitted reasonable release time with
pay upon approval of the division commander for the purpose of processing any individual
grievance or assisting employees at investigatory or disciplinary interviews.
Section 4.
When acting in their capacity as PBA representatives within the
Department and not on behalf of themselves, employees shall not be obligated to observe the
departmental chain of command. A representative may not refer an issue outside of the
department without first presenting it to a senior staff officer. This shall not relieve employees
from observing the departmental chain of command except for receiving approval of release time
with regard to their duty-related activities, notwithstanding their position as a PBA
representative.
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ARTICLE 6
BULLETIN BOARDS AND RECORDS REQUESTS
Section 1. The PBA shall be provided with the use of a Lieutenant's PBA bulletin
board space at one (1) location in the police building.
Section 2. The PBA agrees that it shall use the space on the bulletin boards only for
the purposes of posting notices of PBA meetings; notices and results of PBA elections; reports of
PBA committees; rulings or policies of the PBA; recreational and social affairs of the PBA, and
notices by public bodies.
Section 3. The City agrees to furnish to the PBA president or designee, upon request
at City cost, documents such as agendas, minutes, financial reports, etc., of the retirement fund,
City Commission, and any other body of the City whose activities may impact on terms and
conditions of employment of bargaining unit members. Access to any other records shall be
governed by Florida Statutes, Chapter 119.
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ARTICLE 7
RIGHTS OF LIEUTENANTS UNDER INVESTIGATION
The City of Boynton Beach agrees that in the investigation of all bargaining unit
members all rights articulated in Florida Statutes, Section 112.532 and Section 112.533 (as
amended from time to time) will be observed and practiced. The PBA may post a copy of
Sections 112.532 and 112.533, Florida Statutes on the bulletin boards referenced in Article 6.
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ARTICLE 8
LEGAL BENEFIT
Section 1. The City agrees to abide by the provisions of Florida Statutes Sections
111.065, 111.07 and 768.28, in providing a legal defense or reimbursement for legal services to
employees charged in criminal or civil actions arising out of the course and scope of their
employment; provided, however, that the City shall not be required to pay a judgment when it
has been established that the employee was engaged in conduct outside the scope of hislher
employment.
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ARTICLE 9
MANAGEMENT RIGHTS
Section 1.
The PBA recognizes that except as provided in this Agreement and by law
the City has the exclusive right to manage and direct the Police Department. Accordingly, but
not by way of limitation, the City retains the exclusive right to:
A. To establish procedures to hire, promote, and layoff employees.
B. Discharge and suspend employees for cause.
C. Transfer employees from one location to another, one shift to another, or one
starting time to another.
D. Establish and change the starting and quitting times and the number of hours and
shifts to be worked.
E. Assign and reassign employees.
F. Schedule and change the work to be performed by employees.
G. Formulate, implement and change Departmental policy, rules, regulations, and
directives which are not in conflict with the specific provisions of this Agreement
or the law.
H. Introduce new services, procedures, materials, facilities and equipment.
1. To require employees to submit to physical, medical, and psychological testing to
determine fitness for duty. No bargaining unit member shall be ordered to submit
to physical, medical or psychological testing to determine fitness for duty without
such testing being approved by the Police Chief and the City Manager.
J. Determine and change the equipment and materials provided to or not provided to
employees.
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K. Add to or change the qualifications necessary for any job classification.
L. Create, alter or disband any Departmental unit or transfer members based upon
the needs of the Department as determined by the Chief.
M. The City is a Drug Free Workplace and has established a Drug Free Workplace
Policy. The City supports random drug testing for all bargaining unit members.
The City reserves to itself the power to order employees to submit to reasonable
suspicion or random drug testing, subject to compliance with the testing/sample
handling procedures as set forth in Florida Statute and the Florida Administrative
Code, as referenced in the City's Drug Free Workplace Policy. The City agrees to
use State certified laboratories for all drug testing.
If the City fails to exercise anyone or more of the above functions from time to time, it
shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any
right or privilege of the City not specifically relinquished by the City in this Agreement or
limited by law shall remain with the City.
Section 2.
In the event of any change over which the City may have an obligation to
bargain concerning an impact of the change, the change may be implemented after said impact
bargaining.
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ARTICLE 10
DISCIPLINE
Section 1. No employee shall be subject to demotion, termination, or a suspenSIOn
without pay of two days or more without first being afforded the right to a predetermination
conference with the City Manager
Section 2.
The Parties recognize that the interests of the community and job security
of the bargaining unit members depends upon the City's success in provided proper and efficient
services to the community. To this end, the City and the PBA encourage to the fullest degree,
behavior which is positive and supportive of the goals of effective municipal management and
public safety. The Parties recognize the need for progressive and appropriate discipline when an
employee's conduct and job performance are inconsistent with said goals.
Section 3. No bargaining unit member shall be disciplined except for cause.
Progressive, consistent, and appropriate discipline will be administered according to the
seriousness of the offense.
Section 4.
No bargaining unit member shall be subject to demotion, termination, or a
suspension without pay of more than two (2) days without first being afforded the right to a pre-
determination conference with the City Manager.
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Section 5.
Any bargaining unit member who has been promoted who, thereafter, is
demoted shall be returned to the position and shift he or she occupied immediately prior to the
promotion or to a position and shift consistent with his or her sworn seniority with the Police
Department, whichever is more favorable for the member. Personnel re-entering the bargaining
unit as provided above shall be placed in their respective Step Pay Plan based upon their
completed years of sworn service with the City of Boynton Beach Police Department at the time
of demotion.
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ARTICLE 11
SUBCONTRACTING
There shall be no subcontracting for the life of this Agreement.
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ARTICLE 12
RATE OF PAY
Section 1.
$90,000.00 $92,700.00 $95,481.00 $98,345.43 $101,295.79 $104,334.67 $107,464.71
$93,000.00 $95,790.00 $98,663.70 $101,623.61 $104,672.32 $107,812.49 $111,046.86
$96,000.00 $98,880.00 $101,846.40 $104,901.79 $108,048.85 $111,290.31 $114,629.02
$99,000.00 $101,970.00 $105,029.10 $108,179.97 $111,425.37 $114,768.13 $118,211.18
$102,000.00 $105,060.00 $108,211.80 $111,458.15 $114,801.90 $118,245.96 $121,793.33
$105,000.00 $108,150.00 $111,394.50 $114,736.34 $118,178.43 $121,723.78 $125,375.49
Section 2.
The pay plan will be implemented as follows starting on Oct 1 2007. Each L T' s current base
wage will be adjusted according to the column labeled adjustment. The "step" they fall into will
be determined by how many years in ranked they have completed as of Oct 1 2007. Thus if a L T
has completed 3 years in rank as a LT he/she will be adjusted to STEP 3 starting pay and
continue through the plan using their date or promotion as opposed to date of hire to determine
when a year has been completed. The pay plan is based on COLA raises on Oct 1 st 2007, 2008
& 2009, as well as a pay-per-performance raises on April 1st 2008, 2009, 2010. The LT's will
remain in an exempt status and the rates of pay reflect salary as opposed to an hourly rate.
Currently LTs' Chapman and Lanier fall above the Step for their yrs in rank so they will be
adjusted to the appropriate step so they realize a raise and get credit for their time in service with
the city. LTs' Chapman and Lanier will be placed into Step 4 to begin the plan on October 1
2007. Therefore the raises will proceed as follows: LT's Harris and Katz will be brought to
STEP 3 on Oct 1 2007 and will receive a COLA raise bringing them to 101,970.00. They will
then proceed through the plan as follows, April-I-2008 = 105,029.10, October-1-2008 =
111,458.18, April-I-2009 = 114,801.90, October-I-2009 = 121.723.78, and April-I-2010 =
125,375.49. Lt's Chapman and Lanier will be brought to STEP 4 on Oct 1 2007 and receive a
COLA raise bring them to 105,060.00. They will then proceed through the plan as follows,
April-I-2008 = 111 ,394.50, October-I-2008 = 114,736.34, April-I-2009 = 118,178.43, October-
1-2009 = 121.723.78, and April-I-2010 = 125,375.49. Lt Lillie will be brought to STEP 1 on Oct
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1 2007 and receive a COLA raise bring her to 95,790.00. She will then proceed through the plan
as follows, April-I-2008 = 101,846.40, October-I-2008 = 104,901.79 April-I-2009 =
111,425.37, October-I-2009 = 114,768.13, and April-I-2010 = 121,793.33. Lt's Steele and
Deale will be brought to LT's starting pay on Oct 1 2007 and receive a COLA raise bring them
to 92,700.00. They will then proceed through the plan as follows, April-I-2008 = 98,663.70,
October-I-2008 = 101,623.61, April-1-2009 = 108,048.85, October-I-2009 = 111,290.31, and
April-I-2010 = 118,211.18.
See Appendix "A" for Examples 1 and 2
Section 3.
In the event of the passage of a State Constitutional Amendment or State
Legislative Enactment which will alter or affect the flow of revenue to the City during the term of
this Agreement, the wage/rate of pay articles of the Agreement may, at the written request of the
City, be reopened for negotiations.
Reopened negotiations shall commence and conclude within forty-five(45) calendar days
of the date the City gives written notice to the PBA of the City's request to reopen negotiations.
If an agreement is not reached within forty-five(45) calendar days, the negotiations shall be
deemed at impasse and the impasse issue shall be submitted to the City Commission at a second
Commission meeting following the expiration of the forty- five( 45) days. The City and the PBA
waive the appointment of a special magistrate to resolve the impasse and agree that the City
Commission shall resolve the impasse issues in accordance with the provisions of 447.403,
Florida Statutes.
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During the negotiations and impasse process, if any, the base wages of bargaining unit
employees will be frozen at the levels in place at the time the City requests to reopen
negotiations and no subsequent base wage increases will occur except as thereafter negotiated by
the City and the PBA, or, in the event the reopened negotiations do not result in a ratified
agreement, as imposed by the City Commission through the impasse process.
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ARTICLE 13
WORKERS COMPENSATION AND DUTY DISABILITY
Section 1.
A bargaining unit member covered by Florida Statute, Chapter 440,
Workers' Compensation, and in accordance with provisions set forth hereunder, shall be
authorized to be absent from work due to injury or illness incurred while on duty, and directly
related to work performed, until he or she reaches maximum medical improvement or two (2)
years, whichever comes first.
Section 2.
Sworn bargaining unit members who sustain a serious injury on-duty while in
fresh pursuit (as defined in g112.19(d), Florida Statutes (2003)) or in the apprehension of a violent
person, or who sustain a serious injury while engaged in law enforcement activities will receive a
supplement to their workers' compensation that will provide 100% of their base salary for up to one
hundred eighty (180) calendar days.
Section 3.
Bargaining unit members absent from work due to injury or illness
unrelated to the performance of duty, shall have twelve (12) months to return to full duty.
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ARTICLE
CALL-BACK PAY
Section 1. The Union and City agree that each Bargaining Unit member is an exempt
status employee under FLSA, not eligible for overtime payments
Section 2. Employees will be called back to duty on the basis of seniority in the rank
of lieutenant.
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ARTICLE 15
BEREAVEMENT LEAVE
Section 1. In the event of the death of the parent, foster parent, sibling, spouse, child,
grandparent, grandchild, mother or father-in-law, sister or brother-in-law, grandparents of
spouse, domestic life partner, and any permanent family member of the household such
employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive
working calendar days for anyone death. However, if it is necessary for the employee to leave
the State of Florida in connection with the funeral of the deceased, five (5) consecutive working
days compassionate leave shall be allowed. Additional leave may be authorized by the Chief or
his/her designee on a case-by-case basis, except that such additional leave shall be debited
against the employee's accrued sick or annual leave.
Section 2.
Employees must verify, in writing, attendance at an out-of-state funeral
in writing in order to be eligible for benefits under this Article. The City Manager may grant
additional leave under this Section.
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ARTICLE 16
SICK LEAVE
Section 1. Sick leave is earned and accrued on an hourly basis. Employees shall earn
ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. Use of sick
leave will be charged against a member's bank of accrued time on an hour for hour basis. The
use of sick leave shall be in accordance with the City of Boynton Beach Personnel Policy
Manual. Upon retirement or separation of service with the City of Boynton Beach, all accrued
sick leave will be paid out at the rate of 50%.
Section 2. Employees who have more than one-hundred-twenty (120) hours of sick
leave as of October 1, of any contract year, may convert 50% of the excess over one hundred
twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in the
contract year. Those hours over one hundred twenty (120) hours not converted in this contract
year may be converted in the next contract year.
Section 3.
It shall be the policy of the City to permit an employee to donate accrued
sick leave time to another employee, provided the contributing employee has at least 120 hours
accrued sick leave, whenever extraordinary circumstances require the designated employee to be
absent from work for a lengthy period of time, when that employee has exhausted all accrued
sick leave. and annual leave. Extraordinary circumstances shall be defined as lengthy
hospitalization, extended illness, or injury of the member or the member's immediate family.
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Section 4.
Sick leave use for medical appointments is permissible and should be
scheduled at least 48 hours prior to the appointment when possible.
Section 5. No member shall be placed on restricted sick leave pnor to being
counseled by the Division Commander informing the member of the reasons and allowing them
an opportunity to explain the situation. If after counseling a problem continues, the member will
be notified in writing and placed on restricted sick leave. A member will be on restricted sick
leave for a period of six (6) months. At the end of six months, the member will be advised in
writing if the Department intends on extending the restricted sick leave.
Section 6.
At the employee's option, provided the contributing employee has at least
120 hours of accrued sick leave, the employee may convert sick time to vacation time not to
exceed forty (40) hours, to be transacted on the first month of the calendar year.
Section 7. Each bargaining unit member covered by this Agreement is eligible to receive
1 shift of hours of additional leave for continuous attendance at work at the completion of each
calendar quarter that the bargaining unit member has not used sick leave during the previous
quarter, nor has been absent from work or on leave, other than those paid leave categories
recognized in this document. Bonus days shall be counted as vacation leave and subject to the
provisions set forth for use of vacation.
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ARTICLE 17
VACATION
Section 1.
Manual, as follows:
Years of Service
Vacation shall be accrued in accordance with the Personnel Policy
Vacation Hours Per Year
1
2-3
4
5
6
7
8
9
10 - 15
16 - 20
21 and above
96
120
128
136
144
152
160
168
176
192
200
Employees may accrue vacation leave to a maximum of the level earned in the most recent
two employment years. However, any amount over the allowable maximum that has not been used
during that fiscal year (October 1 - September 30) will be forfeited as of September 30.
Section 2.
Seniority will prevail in the granting of vacations.
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Section 3.
Vacation requests may be submitted from forty-eight (48) hours to thirty
(30) days in advance. In the event of conflicting requests for vacation dates, the senior member's
request shall prevail if it was submitted twenty-one (21) days prior to the date or dates requested.
Vacations of three (3) days or less may be made within twenty-four (24) hours advance notice,
provided that the City incurs no overtime in the granting of such request.
Those members scheduled to work an 11.5-hour shift who are granted vacation, shall only have
their vacation accrual charged a maximum of 8-hours for the day.
Section 4.
the Chief of Police.
Section 5.
Requests for emergency vacation leave shall be individually considered by
Management reserves the right to approve or deny vacation leave based
upon the operational needs of the department. Vacation privileges shall not be suspended or
canceled except as specifically set forth in this Agreement or in time of declared emergency, as
defined in this Agreement. The exercise of management's rights under this Section shall not be
arbitrary or capricious.
Section 6. All Lieutenants shall receive, in addition to the existing vacation accruals,
- 80 hours of personal time per contract year. The 80 hours of personal time per contract year are
not accruable and must be used within each contract year.
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Those members scheduled to work an 11.5-hour shift who are granted personal time,
shall only have their personal time accrual charged 8-hours for the day, only when personal time
is taken in 8 hour increments.
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Section 1.
ARTICLE 18
HOLIDAYS
Holidays will be defined as the below dates:
1. New Year's Day
2. Martin Luther King Jr., Day
3. President's Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day After Thanksgiving
10. Christmas Eve
11. Christmas Day
Section 2. Members of the Bargaining Unit not assigned to road patrol shall not work
on Holidays, unless an emergency situation is declared by the City Manager or hislher designee
or in cases where the Chief of Police or on-call Staff Duty Officer determines that the presence
of a Lieutenant is required for a specific function or investigation. If a Lieutenant is assigned to
road patrol he/she has the option to either work the scheduled holiday, in which case he/she shall
be paid the holiday pay plus straight time. Ifhe/she elects not to work the holiday a Sgt. will fill
30
that position. A Lieutenant who is assigned to road patrol who is scheduled off on a holiday may
take a substitute day off during the same pay period .provided that it does not incur overtime. If
it cannot be accommodated during that pay period, without incurring overtime, the member may
take it in the following pay period with approval of the Police Chief.
31
ARTICLE 19
FUNERAL EXPENSES
Section 1.
The City will make a payment of $10,000.00 to the beneficiary of
bargaining unit employees considered by law to have expired in the line of duty.
Section 2. All employees shall, on a form to be supplied by the Chief of Police or his
authorized representative, designate by name and address, the individual to whom such funds are
to be paid.
32
ARTICLE 20
MEDICAL EXPENSES
Section 1. Members of the bargaining unit will be responsible for scheduling and
completing a physical examination every other year beginning in October 2008. Physicals will be
completed by a medical doctor (M.D. or D.O.) and will be conducted at the officer's expense not
to exceed $100.00. The city will not be responsible for expenses if they exceed $100.00 and if
this occurs, the physical exam and it's expense will be a voluntary item for the bargaining unit
member. The results of the physical will be reported to the City on a form approved by the City
for such purpose.
Section 2. Any condition of disability resulting from Hepatitis, Acquired Immune
Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex 1,
established to have occurred in the line of duty shall be covered the same as any other duty
mJury.
Section 3.
The City shall provide an immunization schedule during the life of this
Agreement for any member who wants to be immunized for Hepatitis-Type B. It is incumbent
upon the bargaining unit member to notify the Department should they desire said immunization.
Said immunization shall be administered by medically qualified personnel.
Section 4. The City shall bear the costs oflead testing for the Range Instructor(s).
33
Section 5.
The City will provide for AIDS and Hepatitis screening in all instances
where a member is exposed to situations/persons presenting a biological contamination threat.
Results of these tests will be kept confidential..
34
ARTICLE 21
UNIFORMS
Section 1. The City will supply those parts of the uniform that the City requires
police lieutenants to wear on duty. The City will supply replacements for the parts of the
uniform when replacement is appropriate, as determined by the Chief of Police, and if adequate
funds are available in the City's budget.
Section 2. Effective on the date of this Agreement, lieutenants who are members of
the bargaining unit and assigned to plain clothes duty will receive $1,600 per contract year, paid
in $400 installments at the end of each quarter and pro-rated as appropriate when assigned during
each quarter to plain clothes duty. Lieutenants not assigned to plain clothes will receive a $1,000
clothing allowance per contract year, paid in equal quarterly installments at the end of each
quarter and pro-rated as appropriate. The City will replace civilian clothes of lieutenants
purchased with the annual allowance when such clothes are damaged in the line of duty. The
City will replace civilian clothes to uniformed officers assigned to plain clothes duty when the
clothes are damaged in the line of duty. The replacement will require the approval of the Chief
of Police. The Lieutenant claiming a replacement will be required to include with hislher claim
an explanation of the circumstances of the damage and appropriate reports concerning the
incident. This allowance shall commence from the date of assignment on a pro-rate basis.
35
Section 3. Lieutenants assigned to plain clothes duty for more than three (3) months
at a time will receive clothing allowance in accordance with the above for the three (3) months
and pro-rated thereafter.
Section 4. The City will bear the cost of cleaning ten (10) issued uniform pieces per
week for the contract year. The City shall designate the only approved dry cleaning
establishment in the City. Lieutenants assigned to plain clothes duty will be given a cash
cleaning supplement reasonably equivalent to that of the uniformed Lieutenant. This will be
paid at the end of each quarter of the contract year. This allowance shall commence from the
date of assignment on a pro-rated basis.
Section 5. Lieutenants assigned to plain clothes duty for more than three (3) months
at a time will, for that three months period, be given a cash cleaning supplement equivalent to
that given lieutenants and pro-rated thereafter. These payments for lieutenants assigned to plain
clothes duty will substitute for the normal cleaning allowance for lieutenants.
36
ARTICLE 22
TRAINING
Section 1. The Police Chief will decide on the Department's training program
according to his judgment of the needs and requirements and potential for each member of the
Department.
37
ARTICLE 23
PERSONNEL RECORDS
Section 1.
All personnel records shall be maintained within the limits of and in
accordance with the provisions of the Public Records Law.
Section 2.
Consistent with State law, the City agrees that upon request, a member
shall have the right to inspect his or her own personnel records whenever or however kept. The
member shall have the right to make duplicate copies of his or her own records at no expense to
the bargaining unit member. No record shall be hidden from a member's inspection and
members shall have the right to allow anyone of his or her choosing to inspect the personnel
records with written authorization. Members shall have the right to inspect any and all records
used to evaluate, promote or in any other manner, classify or direct an employee within the
provisions of the Public Records Law.
Section 3. A personnel file for all City employees is maintained by the City Human
Resource Department. The City will purge these files of disciplinary actions in accord with the
appropriate Florida State Statute. The purging will take place when the Human Resources
Department notes that it is time for a record to be purged or when an employee, in writing brings
the matter to the attention of the Human Resources Director. An employee may request, in
writing, that specific items be added to hislher Personnel file.
Section 4. All citizen complaint files and Internal Affairs investigations will be
governed by Florida State Statutes and the Public Record destruction guidelines.
38
Section 5. A 24 hour notice must be given to the bargaining unit member if any
person requests a copy or review of the members' personnel file. E-mail to the bargaining unit
member shall constitute notice.
39
ARTICLE 24
SHIFT SELECTION
Section 1. The Department shall have the discretion to determine the number of
persons assigned to each shift and division within the Department. The City reserves the right to
assign Lieutenants to a particular division within the Police Department.
Section 2. The City may designate the number of slots assigned to each Uniformed
Services Division shift. Thereafter the employees shall choose slots by seniority. The
Department shall have discretion to change the probationary lieutenant for training purposes.
The right to select a shift shall not apply to probationary lieutenants.
40
Section 1.
ARTICLE 25
SENIORITY
Seniority shall be computed from the date of promotion. If two (2)
lieutenants have the same date of promotion, the date of initial promotion to the rank of Sergeant
shall be the determining factor.
Section 2. Seniority shall accumulate during all authorized leaves.
Section 3.
Section 4.
Seniority shall be the determining factor for the selection of vacations.
The City shall have the right to determine the number of lieutenants
assigned to each division and each shift.
Section 5. For lay-offs and other non-disciplinary reductions in personnel, Police
Lieutenants will displace lower ranking officers in the event that the department is required to
lay-off personnel. An example would be: if a police lieutenant's position is to be abolished, the
incumbent with the least seniority in the position of lieutenant would displace a Police Sergeant,
who would displace a Police Detective, who would displace a Police Officer, who would
displace any probationary or provisional or temporary, or be separated as the case may require.
Section 6.
Bargaining unit members who are demoted, voluntarily or involuntarily,
and thereafter regain the rank from which they were demoted, shall have their seniority in rank
bridged upon completion of their promotional probation. This will be applied retroactively to all
employees for the purposes of call sign and pay scale calculations.
41
Section 7.
Example: A lieutenant with five (5) years in rank is demoted to
sergeant. After three (3) years as a sergeant, the former lieutenant is
promoted again to lieutenant. Upon completion of his or her probationary
period, the subject lieutenant is a six-year lieutenant; that is, he or she has
six (6) years seniority in rank.
It is understood and agreed that bargaining unit members who separate
from employment with the Boynton Beach Police Department and thereafter return to
employment shall not be permitted to bridge seniority.
42
ARTICLE 26
TRANSFERS AND SHIFT CHANGES
Section 1.
No member shall be transferred nor have hislher shift or schedule
involuntarily changed, including days off, without reasonable notice, except in time of
emergency, as declared by the City Manager or hislher designee, or for operational necessity as
determined by the Chief of Police.
Section 2. Members may request to exchange shifts, provided that the exchange is
approved. Such approval shall not be unreasonably withheld.
43
ARTICLE 27
GROUP INSURANCE
Section 1. The City shall provide and pay the premium for a Fifty Thousand Dollar
($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee.
The policy shall bear a double indemnify provision for death occurring in the line of duty. This
shall be in addition to any other benefits required by State or Federal law.
Section 2.
Medical, Vision and Dental Insurance
The City shall pay the total medical, vision, and dental insurance premIUm for all
bargaining unit members. The members will pay the full cost of medical, vision and all but
$7.00 (See Section 4 of this article) of the dental insurance premium for their dependents.
Existing coverage levels and benefits shall remain in effect until at least September 30, 2008. In
the event the City changes benefit options for employees after September 30, 2008, 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 dependant coverage for their
dependants increase more then 15% during any fiscal year, the City agrees to open this Article
for the purposes of bargaining. The review and selection of insurance coverage shall be made on
an annual basis by the City. To that end, the City will form an insurance advisory committee to
be comprised of an equal number of non-represented members who are appointed by the City
Manager and two members from each of the city's bargaining units. Bargaining unit
44
representatives shall be designated by the PBA. The final decision regarding selection of insurers
is reserved to the City, but the City shall strongly consider input and recommendations from the
insurance advisory committee.
Section 3.
Life Insurance
Members of the bargaining unit shall be covered by $50,000 of group life insurance with
the premium paid by the City.
Section 4.
Dental Insurance
A group dental insurance program will be provided by the City and the City will pay the
premium for employees and $7.00 per month of the premium for family coverage.
45
ARTICLE 28
TUITION REIMBURSEMENT
Section 1. The City will provide for those members who attend colleges and/or
universities an incentive of paid tuition and books based upon the grade received for that class.
The member is to pay for the tuition and books and be reimbursed, at state college/university
rates. Employees who were already in the college tuition reimbursement program as of April 1 ,
2005 who are attending private schools are grand fathered in at private school rates.
Reimbursement rate percentages are as follows:
"A" equals 100% of tuition and books
"B" equals 1 00% oftuition and books
"C" equals 50% of tuition and books
College and/or university programs must be initially approved by the City Manager and
must be a part of a program leading to an acceptable Associates, Bachelor or Master
degree with a curriculum directly related to the Police profession. The Chief will make a
recommendation to the City Manager who will have final approval for the courses,
degree program and payment.
Section 2.
The City shall pay tuition and books reimbursement even if a course is not
part of a program leading to a degree providing that the course is job related and approved by the
City Manager prior to registration of said course.
46
Section 3.
The City shall provide reimbursement for authorized expenses associated
with training and special schools attended by the officer through approval of the Department.
47
Section 1.
ARTICLE 29
OFF-DUTY POLICE EMPLOYMENT
Off-duty police employment shall be defined as any police-related duty
that is performed or administered by a sworn employee which is paid for by a private entity,
through the City of Boynton Beach.
Section 2. When City facilities are used by other agencies or persons, any desired
security arrangements shall be at the option of the user. If the user and/or the City determines
that certified police officers are to be required at any public event, only Boynton Beach Police
Department personnel shall be used.
48
ARTICLE 30
GRIEVANCE AND ARBITRATION PROCEDURES
Section 1. A grievance, as used in this Agreement, is limited to a complaint or
request of a bargaining unit member or the PBA which involves the interpretation or application
of, or compliance with, the provisions of this Agreement.
Section 2. Grievances concerning working conditions not specifically covered by the
terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not
including, arbitration.
Section 3. In the event a gnevance should anse as to the interpretation or the
application of the terms of the Agreement or departmental regulations, the said dispute or
grievance shall be dealt with in the following manner. Any grievance not answered by the City
within the time limits provided below will automatically advance to the next higher step of the
grievance procedure.
STEP 1
The aggrieved employee or an Association representative shall present the grievance or
dispute in writing, setting forth the facts with particulars and the remedy sought, within
ten (10) working days (Monday through Friday) of its occurrence or knowledge thereof,
to the Chief of Police. The Chief of Police shall reply in writing within ten (10) working
49
days (Monday through Friday) of receipt of the grievance or dispute. If the Chief of
Police shall fail to respond in writing, the grievance is presumed to be denied and the
employee or an Association representative may move to the next step.
STEP 2
If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the
grievance may be submitted to the City Manager within ten (10) working days (Monday
through Friday) of receipt of the Chief of Police's reply or when a reply was due, ifnone
is submitted. The City Manager shall reply within ten (10) working days (Monday
through Friday) of receipt of the grievance or dispute. If the City Manager shall fail to
reply in writing, the grievance is presumed to be denied and the employee or an
Association representative may move to the next step.
STEP 3
If the grievance has not been settled by Steps 1 and 2, the PBA or the City may refer it to
arbitration within fifteen (15) working days (Monday through Friday) of receipt of the
City Manager's reply or when a reply was due, if none is submitted. The PBA or the City
will submit the matter to the Federal Mediation & Conciliation Service (FMCS) or the
American Arbitration Association (AAA) for a list of nine (9) arbitrators from which one
(1) shall be selected.
The arbitrator's decision shall be in writing with a statement of findings and reasons. The
decision of the arbitrator shall be final and binding on the Parties; provided that the
50
arbitrator shall have no power to modify, amend, or alter this Agreement. The expense of
the arbitrator shall be borne by the Parties.
Section 4.
By agreement of both Parties, a meeting will be held at any step of the
grievance procedure.
Section 5. Expedited Arbitration
All discharge grievances, and any other grievances mutually agreed upon in writing for
expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City
and the PBA agree upon the following procedure for expedited cases.
A. The selection of an arbitrator must be completed within fifteen (15) working days
of receipt of an arbitrators panel provided by the FMCS. Failure to strike the
arbitrators panel and select an arbitrator within fifteen (15) working days will
result in the untimely Party's acceptance of the timely Party's selection of any
arbitrator from the FMCS list provided.
B. After an arbitrator has been selected, the arbitration hearing shall be held no later
than thirty (30) days thereafter, unless the arbitrator is unavailable within this
thirty (30) day period.
C. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after
the close of the Hearing or after receipt of the transcript, if a transcript is
51
requested. By mutual agreement of the Parties, the transcript may be submitted to
the arbitrator in lieu of briefs.
D. The arbitrator shall render an Award within thirty (30) days of receipt of the
briefs, if any, or of the transcript if the Parties have agreed to submit the transcript
in lieu of briefs.
Section 6. The PBA and the City shall each bear its own expense in the arbitration
proceedings, except that both Parties shall share equally the fee and other expenses of the
arbitrator.
Section 7.
Settlement of grievances prior to the issuance of an arbitration award shall
not constitute a precedent nor shall it constitute an admission that the Agreement has been
violated.
Section 8. Whenever a grievance is general in nature, in that it applies to two (2) or more
bargaining unit members, or if the grievance is directly between the PBA and the City, the
grievance may be presented in writing directly at Step 2 of the Grievance Procedure within
fifteen (15) working days of the occurrence or knowledge of the occurrence or matter giving rise
to the grievance. The grievance shall be signed by the aggrieved bargaining unit members or a
PBA representative on behalf of all aggrieved PBA members.
52
ARTICLE 31
PAST PRACTICES
All employment practices listed below shall remain in effect:
A. Locker room shower, gym
B. Shoes every six (6) months.
C. Provide weapons, equipment, gear appropriate to assignment.
D. Bullet proof vests.
E. Jackets, raincoat, boots.
F. Desk space, office supplies.
G. Approved and required travel expenses.
H. Use of City vehicles for court when available.
1. Three (3) complete uniforms per year, as needed
53
ARTICLE 32
PERSONAL AND DEPARTMENTAL VEHICLES
Section 1.
When an employee is required to use hislher personal vehicle in the
performance of police duties, said employee shall be reimbursed a mileage rate as established by
City resolution, excluding mileage traveled to and from the normal work location.
Section 2.
For the purpose of this Article, the performance of police duties shall
include attendance at court, depositions, administrative hearings, conferences with City officials,
schools and seminars.
Section 3.
off duty.
Section 4.
Bargaining Unit members shall be assigned City vehicles for use on and
If a Bargaining Unit member is not involved in a "Chargeable" accident
for 12 months, the member will get a bonus on their anniversary equivalent to one (1) day's pay.
54
ARTICLE 33
PROMOTIONS
Section 1.
Qualifications for a bargaining unit member are: those who have
completed three (3) years of continuous or bridged service as a Sergeant with Boynton Beach
Police Department. Current bargaining unit members are eligible for appointment to the next
highest rank in the department. Additional criteria for evaluation and appointment shall be
established by the Police Chief with the assistance of the Human Resources Department and the
PBA. All promotional opportunities will be posted for a period of thirty (30) days before
closing.
Section 2.
All Lieutenant's shall serve a one year probation from the date of
appointment. During a Lieutenant's probationary period a Lieutenant is subject to removal from
appointment, without statement of cause. A promoted Lieutenant removed from herlhis position
during probation, shall be reassigned to the position that they were promoted from.
55
ARTICLE 34
SAVINGS CLAUSE
Section 1.
If any Article or section of this Agreement should be determined by a
court of competent jurisdiction to be in conflict with any existing or subsequently enacted
legislation or judicial decision, all other Articles and sections of this Agreement shall remain in
full force and effect with it being presumed to be the intent of the parties that the invalid
language be stricken.
Section 2. In the event of such a determination, the parties shall meet within thirty
(30) days for the purpose of negotiating a substitute provision.
Section 3. There is no past practice regarding wages, benefits or conditions of
employment that is binding on the parties except as set forth in this collective bargaining
agreement.
56
Section 1.
ARTICLE 35
TEMPORARY ASSIGNMENT
Lieutenants acting in the capacity of Senior Staff Officer shall be paid
seven percent (7%) above the Lieutenant's regular rate of pay during the time assigned as Senior
Staff Officer.
57
Section 1.
ARTICLE 36
CHEMICAL TESTING
Drug and alcohol testing may be conducted on either a reasonable
suspicion basis or at random. Standards for testing and retesting will be as set forth in Florida
Statues, Florida Administrative Code and the City's Drug Free Workplace Policy.
58
ARTICLE 37
ENTIRE AGREEMENT
The Parties agree that this Agreement constitutes the full and complete understanding of
the Parties.
This Agreement can not be changed or altered unless by mutual written agreement.
59
ARTICLE 38
DURATION OF AGREEMENT
Section 1. This Agreement shall take effect when ratified by the members of the
collective bargaining unit and the City Commission, and shall remain in effect until September
30, 2010 or the date upon which a successor Agreement is ratified, whichever is later. In the
event a successor Agreement is not ratified by October 1, 2010, all of the provisions of this
Agreement shall remain in full force and effect during the time intervening, including the periods
during which the Parties are negotiating a successor Agreement and engaged in impasse
proceedings, if any. Wage adjustments, including base wage, performance base pay, reduction
and/or loss of assignment pay, are all retroactive to October 1, 2007.
60
ARTICLE 39
REOPENER
Section 1. In the event the City determines that classification of the Members as exempt
status employees cannot be legally sustained, the Parties on written request by the City shall
reopen negotiations of this Collective bargaining Agreement.
61
ARTICLE 40
LONGEVITY PAY
Section 1.
In order to provide benefit incentives to long-term employees, gIVlllg
recognition for continuous and meritorious service, longevity benefits are available as outlined
below. Employees eligible are those who:
a) have been employed with the City on a regular full-time and continuous basis for a
minimum of five (5) years, and
b) have an overall "Meets Standards" or above rating on the previous employee
evaluation.
Employees will receive a cash Lump Sum Bonus as follows:
On the employee's fifth (5th) anniversary a lump sum payment of$500.00.
On the employee's tenth (10th) anniversary a lump sum payment of$I,OOO.OO
On the employee's fifteenth (15th) anniversary a lump sum payment of$I,500.00
On the employee's twentieth (20th) anniversary a lump sum payment of $2,000.00
On the employee's twenty-fifth (25th) anniversary a lump sum payment of$2500.00
This 25th anniversary payment will be added in this year of the contract so as a one time
agreement that if any employee who has surpassed their 25th year of service and is not
enrolled in the DROP plan will receive this payment on October 1, 2007. All other
employees will receive this payment upon their actual anniversary date.
Section 2.
Any pay earned for Longevity Benefits is subject to required federal
deductions.
Section 3.
Benefits shall not be paid beyond termination payouts. Employees who
terminate from City employment prior to their anniversary date will not be entitled to Section 1
benefits. Employees in the DROP plan are not eligible for longevity pay.
Section 4.
The longevity benefit set forth in this Article takes effect October 1, 2004.
62
Agreed to this lto day of OeToeER
, 20_, by and between the respective
Parties through the authorized representatives of the PBA and the City.
Witness
Witness
(l ~'00rl~
~
Ratified by City Commission
Date
POLICE LIEUTENANTS
POLIC BEN VOLENT ASSOCIA nON
( .
BY:
John Ka
BY:
Gary Lippman, General Counsel
CITY OF BOYNTON BEACH
BY:
et M. Prainito, CMC
ty Clerk
~~
Kurt Bressner
City Manager
Ratified by Union Members
/o-/..r-1J7 ..... ~'~
Date
63
Appendix "A"
Examples ofSGT's being promoted to LT and how the scale would work are as follows:
Example 1: If a SGT is promoted to the rank of L T it will occur as follows. A promotion
will consist of a 10% increase to the SGT's current rate of pay. This will increase the
SGT's rate of pay to a number that will inevitably fall between two steps of the LT's
plan's designated pay rates for that date. The new LT will then be placed into the higher
of the two rates and will now become a salaried exempt employee and follow the LT's
pay scale through the contract or time in that rank. If this 10% increase results in that
SGT not obtaining the "starting" pay for L T on that date he/she will be brought up to the
starting rate of a LT. In turn should a demotion occur from the rank of L T to the rank of
SGT or from the rank of SGT to either Detective or Patrolman the employee would lose
10% of their base wage. This will then again place them between two rates of pay in the
appropriate scale they are entering and they will be placed into the higher of the two
rates. Should a 10% decrease result in that employee being over the max of the rank they
are going back into, they will go to the max pay rate for that rank at that date in the plan.
Example 2: If SGT "B" were to get promoted to LT on 6-1-08 it would go as follows.
On 6-1-08 SGT "B's" base would be 76,241.00 so a 10% increase would take him to
83,865.10. This wage would not meet or exceed the min starting LT's pay for that date
so he would be brought to 95,481.00 and become a salaried employee at that point. He
would then proceed through the LT's scale using 6-1-08 as his promotion date to
calculate his progression through the steps and years completed as a LT. Therefore on
10-1-08 he would go to 98,345.43, April-I-2009 = 101,295.79, October-I-2009 =
107,812.49, and April-I-2010 = 111,046.86.
64