R00-035 RESOLUTION R OO-,.~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
THE CONTRACT BARGAINING AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA AND THE
NATIONAL CONFERENCE OF FIREMEN & OILERS
SEIU, AFL-dO, CLC, LOCAL 1227 (WHITE COLLAR
BARGAINING UNIT) FOR THE PERIOD FROM
OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2000,
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 & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (White Collar
Bargaining unit) have successfully concluded negotiations for a one year
contract; and
WHEREAS, the Agreement was ratified by the Bargaining Unit of the
Union; and
WHEREAS, the City Commission of the City of Boynton Beach deems it to
be in the best interests of the residents and citizens of the City to ratify the
Agreement and execute the same; and
NOW, THEREFORE, BE IT RESOLVED BY THE cri'~ COMMISSION
OF THE CI'TY OF BOYNTON BEACH, FLORTDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
:loes hereby ratify the Agreement between the City of Boynton Beach and the
NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL
1227 (White Collar Bargaining Unit) for the period of October 1, 1999 through
September 30, 2000, and authorizing and directing the Mayor and City Clerk to
execute the Agreement, a. copy of Said agreement being attached hereto as
Exhibit "A".
Section 2. This Resolution will become effective immediately upon
~assage.
PASSED AND ADOPTED this oft' day of March, 2000.
Vice Mayor
Commissioner
Commissioner
ATTEST:
LABOR AGREEMENT BETWEEN
The City of Boynton Beach, Florida
and
The National Conference of
Firemen & Oilers, SEzU, AFL-C/O, CLC, Local 1227
White Collar Bargaining Unit
Effective October 1. 1999 Sentember 30, 2000
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TABLE OF CONTENTS
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2.
3
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10
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12 Compensatory Time
13 Sick Leave
i4 Funeral Leave
15 Military Leave
16 Leave of Absence
17 3ury D~uty
18 Maintenance of Benefits
19 Seniority
20 Layoff & Recall.
21 .lob Posting & Bidding
22 Recruitment & Selection
23 Holidays
24 Vacation
25 Wages
26 Safety & Health
27 General Provisions
28 Savings Clause
29 Dues Deductions
30 Pension
31 Durafiorr
32 Probationary Period~
33 Longevity Beneflt~-
34 Bonus [ncrease
Article
Preamble
Recognition
Rights of Employees
Strikes.
Non-DiscdminaUon
Representation of the City
Union RepresentaUon
Bulletin Boards
Progressive Disdpline -
Grievance Procedures
Basic Work Week & Overtime
35 City Manager's Incentive Program
36 Bonus Days
37 Managements Rights
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ARTZCLE Z- PREAMBLE
Section 2. This agreement is entered into by and between the City of Boynton
Beach, Florida, hereinafter referred to as the "Employer" or "City'; and the
National Conference of Rremen and Oilers, SF_IU 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.
Section 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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ARTZCLE 2 - RECOGNITION
Section 1. The City of Boynton Beach hereby recognizes the National
Conference of Rremen and Oilers, SE[U, Local 1227 asexclusive representatives
for the purpose of bargaining collectively with the City relative to wages ~benefits
and other conditions of employment for all employees in the bargaining unit.
Section 2. The Union and management will prepare a listing of new job tiUes
to be included into a unit clarification petition to PERC in order to include all
appropriate bargaining unit members who received a position title change
through implementation of the pay plato
Section 3. Within 30 days of ratification, a committee shall _be formed, Which
shall include three representatives from the union and three representatives from
management. The purpose of the committee shall be to address concerns
relative to the job descriptions, duties, wage. ranges, classifications, etc., which
employees may bdng forth to the committee,
Section4. The bargaining unit is as set forth in PERC Certiflcatlorr
# .
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ARTICLE 3 - RIGHTS OF EHPLOYEES
Section 1. The employees in the bargaining unit shall have the right to join or
assist the Union or to refrain from any such activity;
Section 2,- All provisions of this Agreement shall be applied fairly and equitably
to all employees in the Bargaining Unit.
Section 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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ARTZCLE 4 - STRZKES
Section 2. The National Conference of Rremen and Oilers, SEIU, AFL-C[O,
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.
Section 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 publicN disavow
such strike or work stoppage and order the employees to return to work and
attempt to bdng 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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AR'rZCLE S- NON-DZSCRZMZNATZON
Section 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 affirm their joint opposition to any discriminatory practices to the
extent prohibited by law in connection with employment,
Section 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 odgin, madtal status, physical handicap, sexual
orientation or membership or non-membership in the Union.
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ARTICLE 6 - REPRESENTATION OF THE CTrY
Section/.. The City shall be represented by the City Manager, or a person .or
persons ~ designated in writing to the Union by the City Manager. All collective
bargaining agreements shall be approved in the manner provided by Chapter
~1~7, Florida Statutes.
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ARTZCLE 7- UNZON REPRESENTATZON
Section 1,. The Union, as representatives of the employees in the bargaining
unit covered by the Agreement, shall have the right'to present its views to
Management on matters of concern either orally or in writing, The "presentation
of views" shall not be construed to mean that the Oty shall be obligated to hold
a formal hearing on any matter put forth by the Union.
Section2. The Employer agrees to recognize the officers, and stewards
designated by the Union as agents of the Union. The Union shall furnish written
notice to the City Manager's office of the designated Union officers or stewards
prior to their appointments becoming effective. The Employer recognizes the
right of the Union to designate seven (7) stewards and one chief steward from
among the regular permanent employees in the specified divisions:
Section 3. Non-employee. officials of the Union, shall, with proper notification,
be admitted to the property of the employer for purposes of administering the
Agreement. Union officials as designated above shall only be able to meet with
employees in nOn-work areas (i.e., break areas) and during non-work time.-
Section 4. The City Manager will grant Union leave without pay for up to two
officers or stewards of the Union for up to a total of twenty (20) days per year in
order that they may attend conferences, seminars and/or 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.
Additional time may be used from Union time pool with same approval
requirements.
Section S. The eight (8) stewards as designated herein may be released with
pay at the sole discretion of the supervisor/department head or their designee,
whose approval shalt not be unreasonably withheld, for the purposes of
attending grievance meetings with management, disciplinary conferences
scheduled by management, and pre-determination hearings.
Stewards may use up to a cumulative total of 200 hours: pay per year for
collective bargaining, and arbitration preparation. The hours shall be divided into
100 hours for.the chief steward and 100 hours for all other stewards. Hours may
be transferred from steward to steward, provided the total for all stewards does
not exceed 200 hours, If the total hours used exceeds 200, then stewards may
be released without pay, and only at the discretion of the department head (or
designee), whose approval shall not be unreasonably-withheld when releasing
such employee does not adversely eff~..the on-going day to day operations in
any department, For purposes of this Article, a supervisor who must' deny a
steward's request for time allowed for purposes outlined herein shall notify the
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steward in writing, within two days, of the reasons for the denial and when the
steward can reasonably expect to be granted the time to carry out the purpose
of his request.
Section 6. The membership of the bargaining unit shall be represented by the
President of the Union or by a person or persons designated in wdting 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 majodty vote of those members of the Bargaining Unit
voting on the question of ratification. [t is unde~ that the Union
representative or representatives are. the official representative of the Union for
the purpose of negotiating~with the Qty.- Such negotiations entered into with
persons other than those defined herein, regardless of their position or
assodation with the Union, shall be.:deemed unauthorized and shall have no
weight or authority in committing or in any way obligating the Union. [t shall be
the responsibility of the, Union to notify the Oty Manager-in writing of any
'changes in the designation of any certified representative of the Union.
Section 7.~ There shall be created a Union Time Pool, Each employee member.
shall be allowed to voluntarily contribute.annual leave for Union business.
ContribUtion shall be made once per year in Octo~. Additional contributions
may be allowed by management.. This time may be used for union business,
including negotiations, upon request by the Union steward.~ A wdtten request for
the Union time pool shall be submitted to the department head or the designee
in advance of the requested time off for attending conferences, seminars, and
union negotiations.
Stewards' shall maintain a Union business "time out" slip which shall be
processed to show their accumulated hours used against he hours per year
granted. The form for this purpose shall be attached hereto as Appendix "A" to
this agreemenl~ .'
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ARTr_CLE 8 - BULLETIN BOARDS
Section 1. The Union shall be provided space on bulletin boards at each
location so designated by the Employer in the areas where unit employees
normally.are assigned to work, for use by the National Conference of Rremen
and Oilers, SEIU, Local No. 1227. These bulletin boards shall be used for posting
Union notices, signed by a Union officer but restricted to the following:
A,
B.
C.
D.
E.
Notices of Union recreational and social affairs;
Notices of Union elections and results of elections;
Notices of Union appointments and other official Union business;
Notices of UniOn meetings,.
Union Newsletter, OnTrack(may be unsigned)
Section2. 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 Ob/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.
Section 3. The Union shall not post endorsements for candidates who are
running for office.
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AR'rICLE 9 - D1'SCZPL/NE
1. The City is committed to recruit, train, and retain qualified employees
who will contribute to the City's mission.
2. The success of the City govemment 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.
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 drcumstances support its use.
In proper cases, dismissal may immediately 'occur.
4. No employee shall be disciplined or discharged without just cause.
POLZCY
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 varying incidents, past performance or severity of the
inddent.
2. Although progressive., disdplinary actions are encouraged when
circumstances support such use, the severity of misconduct, and the
circumstances shall determine the nature of the discipline.
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,
4. Certain misconduct is so contrary to the public interest that dismissal shall
be the only appropriate measure.
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5. The level of misconduct may differ in individual cases from apparently
similar inddents. The City retains the right to treat each occurrence on an
individual basis without creating a precedent for situations which may adse 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 of the City, but are to be used as a guide.
6. 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 M]:SCONDUCT
The following types of infractions,, offenses or misconduct, shall represent
employee noncompliance with rules, regulations,-polities, practices or procedures
of the City or the Department or employee wrongs or offenses which violate
permissible behaviors or are specifically prohibil~_=KI, by law. The following are-
examples of violations which shall result in discipline and the progressive
disdpline actions which may accompany the violations.
H~'SCONDUCT
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.
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
Abuse of Personnel Policies, induding 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
Abuse of departmental procedures and work rules including:
a. Failure to provide name and offii:ial title to any person requesting same
when performing work related duties
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b. Habitual extension of lunch period or break period
c. Habitually late for work without valid mason
d. Smoking in prohibited areas
e. Unauthorized solicitation, posting of material
behavior
or non-productive
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 misconduCb: If serious-misconduct or extreme misconduCt has
occurred previously, there will be faster progressive action.
OFFENSE TYPE ' 1ST OCCURRENCE 2ND 3RD
- OCCURRENCE OCCURRENCE
I~lisconduct Counseling Written Reprimand Suspension
~ Without Pay or
Dismissal
SERIOUS H~'SCONDUCT
Violation or disregard of Oty 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
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a
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
supervisor'
Abuse Of departmental procedures and work rules, induding:
-a. Sleeping on the job
b. Absent without calling in to department within one hour of shift start
timer
c. Disrupting or hindering departmental operations
d. Failure to work required overtime assignments, special hours, special
shifts or unavailability during stand-by status
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e. Outside employment which conflicts, interfered or otherwise hampers
the performance of the employee in their' City job
4. [nefflciency 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
Neet Standards" performance evaluation (rating of ~. 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 disdpline options for-three
occurrences of serious misconduct. If misconduct or sedous misconduct has
occurred previously, there will be faster progressive disdpline.
OFFENSE TYPE 1ST OCCURRENCE 2ND 3RD
OCCURRENCE' OCCURRENCE
Sedous Wdtten Reprimand Suspension Dismissal
Misconduct or Suspension Without Pay or
Without Pay Dismissa~
EXTREME M~SCONDUCT
Violations or disregard of City Safety Policy & Procedures, including
a. Failure to report an on-the-job injury or acddent 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. Rghting 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-~r suspension of a ddver's license when
employment involves driving
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Abuse of Personnel Policies, including, but not limited to:
a. Possession of a firearm or concealed weapon on City property or while
performing official duties without wdtten 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
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[llegal, unethical or improper acts', including:
a. Theft or removal of City property without authorization
b. Falsifying employment application or concealing information dudng pre-
employment screening or processing
c. Soliciting or accepting an unauthorized fee or gift or failure to comply
with Chapter Z12, Flodda Statute
d. Giving false information~ or failure or refusal to fully cooperate or
provide full ~ful information in City initiated investigations
e. Possession, use or sale of illegat drugs, alcohol or prescription
medication that alters, the employee's performance- on the job or any
confirmed positive drug ~
f. Possession or use of :alcohol while on duty; or reporting to work under
the influence of alCOhol
g. Refusal to partidpate,, if offered, in a drug/alcohol rehabilitation
program ..-
h, Refusal to submit to a City required drug or alcohol test
i,, Falsifying or attempting to falsify a City ordered drug test
j, Violating the Qty'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' ~har~ outlines the progressive discipline options for two incidents of
extreme misconducL [f misconduct or serious misconduct has occurred
previously, there will be faster progressive action.
OFFENSE TYPE 1ST OCCURRENCE I2ND
'OCCURRENCE
Extreme 'or Suspension Dismissal
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IUnlawful Pay or
Misconduct IWith°ut
Dismissal I I
No~e: The progressive discipline steps-outlined above refer to the discipline
options the City may take. If such disdpline 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.
PROCEDURE FOR DZSCZPLINARY ACI'~ON
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 disdplinary 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..
A.. 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 ali sufficient information, induding 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:
B. Criminal Znvestigations: Investigations conducted when criminal
violations are reportedly committed by an employee of the City. The Police
Departmer~[/ in collaboration with the Department Director of the involved
employee shall conduct these investigations.
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.
2. The immediate supervisor may in~itiate a three-day suspension or less
suspension with pay to afford a supervisor the opportunity to investigate an
alleged inddent or misconduct in the absence of the employee. Suspensions of
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more than three days with pay require the approval of the Human Resources
Director: This practice may 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.
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;
TYPES OF DZSC]:PU:NARY ACT]:ON~
A. COUNSEU:NG o Consists of the immediate supervisor waming the
employee to correct or improve performance, work habits or behavior, and
COunseling the employee on improvements.expected, Counseling serves as a
waming against further repetition of employee behavior. Future violations will
re. suit in disdpline up to and including termination~
The immediate supervisor should complete' a Counseling Memorandum. The
employee shall be required to sign the form signifying that he/she 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. WR_~I'EN REPR/MAND- 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 inddent(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 his/her behavior; and a warning that future
violations* wilt result, in further disdplinary actions up to and including
terminatiom ' "'
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. --
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The employee may be required to complete a written plan for correction of the
behavior. When the wdtten reprimand contains a time frame for employee
improvements, a follow-up discussion at the end of the designated time pedod
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. SUSPENS]:Oi~ WTrHOUT 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 pedod of
time. Any time an employee is suspended for discipline the suspension shall be~
Without pay.
1. With. the wdtten 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 of the suspension without pay. It shall also indude a
statement that future violations will result in further disciplinary actions up to and
including termination~ "
4, Employees may submit comments for indusion in the record, Written
notification of a suspension shall be signed by the suspended employee
acknowledging receipt' of the written notification, and forwarded to Htlman
Resources for' inclusion in the employee's record, with a copy provided to the
employee, theDepartment Director, and one to the Rnance 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
such instances, demotions may occur in'~ome cases because of the inability to
fulfill the duties of the higher level job in a satisfactory manner; or a failure to
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comply with employment conditions such as licensure or certificatiOn.
addition, probationary employees shall be subject to demotion without the City
being required to state, a mason-. 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. 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 wdtten notification of demotion
shall be forwarded to the Rnance department for payroll purposes.
Employees may request a demotion to a lower level dassiflcati0n voluntarily.
Such demotion shall not be punitiv~ 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. DZSMZ$.~ - 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. supervisor~~ 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,
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then the notice shall; be sent via US mail to the most recent address on record in
the personnel file. The recommendation shall include the
following
information:
1.
2.
The underlying reasons for the recommended termination
Documentation upon which the Department Director relied in
formulating said recommendation
An explanation of his/her dghts to request a predetermination
headng pdor 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 Artide 10 of this
Agreement.
The dismissal recommendation and the City Manager's final derision 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 pedod shall be subject to dismissal without cause, after review by
Human Resources.
RTGHT TO PRE-DETERMZNA'rZON HEAR3NG
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 headng~ The employee shall be provided with reasonable
notice of the predetermination headng date and of the charges which are the
grounds for the disdplinary action. The employee may be accompanied and
assisted at the predetermination headng 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.
EMPLOYEE AppEALS'- GRZEVANCES
Probationary employees shall not have the right to appear or grieve any
type of disdpiinary action.
Regular employees shall have ju~ cause appeal and gdevance*rights as
outlined in Article 10 of this Agreement:
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ARI'ZCLE 10 - GR/EVANCE PROCEDURES
Section X.r. A grievance is defined as a dispute or disagreement involving the
application 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 have failed. The term "day" shall
mean, calendar day, Monday through Friday, exclusive of holidays recognized by
this Agreement.
Section 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 his/her health and
safety is threatened. Compliance *with such directives will not in any way
prejudice the employee's dght 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
this Agreement.
SecUon 3. NI grievance statements of appeal and answer must be in writing.
Grievances not appealed to the next higher step within the prescribed time limits.
will be considered se~ed, on the basis of the last answer by management.
Failure by management to 'observe time limits for any step of the grievance
procedure shall entitle to the employee to advance the grievance to the next
step. Grievance time limits may be extended by mutual written agreement of
the Union and the City.
...
Section 4. Grievance and Appeal Procedure Steps
A. An employee who. receives a verbal and written warning may place a
written, refutation into his/her personnel file to dispute the verbal warning or
waming notice,. Should the employee not sustain an additional verbal or written
warning for the same offense within twenty-four (24) months of the initial
waming, the initiat verbal or written warning shalt not thereafter be considered
for progressive disdpline..
B. Discipline, which is more severe than a written or verbal waming, but less
severe than a four-day suspension shall be appealed: through the. expedited
grievance and arbitration process, or--by appeal to the Human Resources
Director, at' the employees' option, If appealed to-the Human Resource
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Director, decisions of the Human Resource Director are final and binding.. The
union and management shall select a panel of local South Florida arbitrators for
the term of this Agreement, who shall individually hear on a rotating basis, all
pending expedited arbitration cases on scheduled dates if needed every four
months. Presentation by either side shall be limited to two hours. Witnesses
shall be limited to four for either party. Court reporters and/or written bdefs
shall not be utilized by either party. The arbitrator shall make a final and binding
ruling immediately following the headng without explanation or the setting of
precedent~ The initial steps of the grievance procedure shall apply to the
expedited arbitration process.
C. Discipline that is more severe-than a three-day suspension shall be
appealed through the existing grievance and arbitration process outlined below.
Section 5. ~;R~EVANCE AND APPEAL PROCEDURE STEPS:
Within five (5) days of the inddent or the time which the employee should have
had knowledge of the inddent, the employee may initiate a written grievance
with his/her immediate supervisor dudng normal work hours. He/she may have.
the Union steward present the grievance to the supervisor if he/she desires. The
discussion will include a description of the action requested and the basis for the.
request. Within five (5) days, the immediate supervisor shall respond to the
employee with his/her decision in writing.
The written grievance should state the following:
A. A statement of the grievance and the facts upon which it is based
B. The Articles and Sections of this Agreement alleged, to have been violated.
C. The action, remedy, or adjustment requested.
D. The signature of the aggrieved employee or union representative, and date
Failure to specifically state any of the four (4) above items allows the City to
request the information prior to further processing.
If the complaint has not been resolved in Step 1, within five (5) days the
employee may. appeal to Step 2 to the Division Director. Within five (5) days of
receipt of the grievance, the Division-Director will contact the aggrieved
employee and schedule a meeting at the Division Director's earliest convenience.
The Division Director shall respond in writing within five (5) days of the meeting.
Step 3.
If the complaint is not resolved in Step 2,-the employee may, within five (5) days
of Step 2 decision, appeal to Step 3 to the Department Director. Within five (5)
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days of receipt of the grievance, the Department Director or his/her designee will
contact the aggrieved employee and schedule a meeting at the Department
Director's earliest convenience; The Department Director or his/her designee
shall respond in wdting to the employee within five (5) days of the meeting.
In the event the employee is not satisfied with the disposition of the grievance
by the Department Director, the emPloyee shall have to the right to. appeal the
decision to the City Manager within seven (7) days of the date of issuance of the
Department Director's decision. The City Manager or his/her designee may
schedule a meeting to discuss the grievance. The City Manager or his/her
designee shall render a derision in writing within ten (ZO) days of the appeal or
the meeting,
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If the employee is not satisfied with the disposition of the grievance by the City
Manager, and within ten (10) days of such decision, the dispute may be referred
by either party to an impartial arbitrator to be appointed by mutual agreement of
the parties. In case the City and the Union are unable to agree upon an
impartial arbitrator, within fifteen (15) days after the-conclusion of Step 4, then
on application of either party a petition may be made to the Federal Mediation
and Conciliation Service in Washington, DC to supply the parties with a panel of
arbitrators. The parties will select an arbitrator from a panel by alternatively
striking names from the panel. The remaining arbitrator shall be designated, to
whom the grievance shall be submitted.'
Section 5. The arbitrator shall have jurisdiction and the authority to apply and
interpret the provisions of this Agreement. He/she shall not have jurisdiction to
alter or change in any way the provisions of this Agreement and shall confine his
Or her 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
employees covered by the Agreement unless the award is contrary to existing
law or public policy is cleady erroneous as determined by a reviewing Cou~
Section
not
apply.
The hearing shall be informal and the strict rules of evidence shall
Section 7. The arbitrator's fee and expenses shall be divided equally by the
parties.
Section 8. Either party to this Agreement desiring transcripts of the arbitration
hearings shall be responsible, for the cost of such transcripts.
Section 9. Witnesses and grievants who appear for either side shall suffer no
loss in pay or benefits for the time spent testifying as a witness..
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ARTI'CLE 11 - BASt'C WORK WEEK AND OVER'I'ZME.
Section :1;. The basic workweek shall consist of forty (40) hours,, unless
otherwise specified. The City Manager will establish and may change the basic
work week 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..
Section-2. Ali authorized and approved work performed in excess of forty (40)
hours in any one work weekshail be considered as.overtime and shall be paid at
the overtime rate of one and one-half times the employee's straight time rate of
pay. Employees who regularly work a ten- (zo) hour day shall receive overtime
for hours worked actually in excess of forty (40) hours.~
Section 3. The working conditions of employees covered, by this Agreement,
which may differ from department to departrnent, shall remain status quo for the
term of this Agreement.
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AR1/CLE 12- COMPENSATORY T/ME
Section I, The Fair Labor Standards Act (FI~A) provides that any employee of
a public agency who has accrued compensatory time and requested use-of this
time, shall be permitted to use such time within a "reasonable period" after
making the request, if such use .does not "unduly disrupt" the operations of the
agency. The use of compensatory time must be pursuant to some form of
agreement or understanding between the employer and the employee in
conjunction with the appropriate record keeping documentation.
In compliance with the FLSA, the Ob/. will apply the following schedule for
members of this bargaining unit:
Compensatory time will be accrued at time and one-haiti Accumulation and use
of compensatory time must have the prior approval of the employee's supervisor.
Section 2. 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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ARTZCLE 1.3 - SZCK LEAVE
Section 1. An Employee shall notify his/her immediate supervisor of his/her
illness within one (1) hour after his/her normal workday begins. This procedure
shall be followed for each day the employee is unable to work unless the
employee can provide information to the supervisor of the expected length of
his/her illness and the time the employee will be absent.
Section 2. Sick leave will be granted upon approval of the department director
for the following reasons:
A. Employee's health. --
B. For the illness of employee's parent, spouse, or child, notto exceed 5 days
per year.
C. Medical, dental, or optical treatment which must be determined in writing by
a physician and must be performed during working hours.
D Quarantine due to exposure to contagious disease,
E..[n connection with, Workers' Compensation to Supplement Worker's
Compensation payments, per status quo,
Sick leave pay may be paid (in. cash) to an employee for extraordinary
circumstances, of hardship and may be granted if the employee has the
amount of sick leave credited to his/her sick leave account. The sick leave
cash out may not exceed eighty (80) hours and the employee must retain a
minimum of 120 sick hours on the books. Denial of sick leave pay will be
made in writing stating the reasons for the denial.
Section 3. No employee shall be entitled to sick leave in the excess of the
amount of such leave accumulated to his/her credit. Employees may accumulate
unlimited sick leave,
Section 4.. An employee maldng a.departmental transfer will retain any unused
sick leave,
Section 5. For all employees employed as of September 30, 1991, employees
(or their beneficiaries in the case of death) that have completed their
probationary period and are regular employees will have payment made for
unused sick leave at the rate of one half (1/2) of the total number of hours
accumulated, not taken, upon terminati, qn in good standing, or retirement or
death. Employees hired after October* 1, 1991', that have attained permanent
status and are regular employees will have payment-made for unused sick leave
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at the rate specified in the table below, upon termination in good standing,
retirement or death.
Continuous Years of Service
Leave
Percentaae of. Accumulated Sick
Less than 5 full years 0%
More than 5 full years, but less than 10 full years10%
More than 10 full years, but less than 15 full years 15%
More than 15 full years, but less than 20 full years 20%
Upon retirement from City Service 30%
(Retirement shall include normal retirement, disability
retirement as defined in the appropriate Pension Plan).
retirement, or early
Section 6. Unused sick leave may be accrued on an unlimited based on the
currently scheduled workweek of forty (40) hours.
A. Sharing Sick Leave
(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, and when the employee has exhausted all
accrued sick leave and vacation leave down to forty (40) hours.
(2) Extraordinary circumstances shall be defined as lengthy
hospitalization, critical illness or injury,
(3) When there appears to be a need to share sick leave, bargaining
unit members who are willing to contribute sick leave hours, must confirm
through the Rnance Department that the hours are available, and shall
submit a Personnel Action form to the Human Resources Department for
proper charge to their sick leave records.
Section 7, No member shall be placed on restri~ sick leave unless that
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, however, the
Department Director shall have the sole discretion to place the employee on
restricted sick leave. When an employe~ is placed on restricted sick leave, the
employee will be notified in writing of that fact. An employee placed on
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restricted sick leave shall be re-evaluated in three months. [f no violation is
noted the employee shall be removed from restricted sick leave status. Tf not re-
evaluated within five (5) working days alter the three (3) month pedod, the
employee .will be automatically removed from restricted sick leave. The
employee shall receive a letter from the Department Director stating that he/she
is being removed him/her from restricted sick leave.
Section 9..WORKERS COMPENSATZON - 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.
If the pedod 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 his/her
worker's compensation check and his/her normal net pay. In no case will the
salary supplement be extended beyond three (3) months from the date of
injury.
At the end of the three monthS, or sooner, the City Manager, Department Head,
and Human Resources Oirector (or their designee's) will review the case for a
determination of pay status. If continuation'of the salary supplement is granted,
it can be at any rate determined equitable by the reviewing committee, but not
to exceed an amount equal to the net take home pay. In no case will the salary
supplement be extended beyond six (6) months from the date of injury,
After six (6) months from date of injury, the injured employee may elect to
receive accrued sick leave and after exhausted, vacation leave, in accordance
with his/her regular houdy wage, to the extent that his/her combined sick leave
or vacation leave, City supplement, (if less than the full amount authorized) and
worker's workers' compensation benefits equal hiS/her regular weekly net take
home salary. The employee must contact the payroll clerk to qualif~ for the
combined check.
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;
If the appropriate disability plan denies the claim, the additional City supplement
benefit will be. canceled., ff the appropriate disability plan accepts the dairn, the
salary supplement will be canceled alter issuance of the disability pension check
or at the end of the time duration outlined above, whichever comes first.
ff an employee who is receiving Worker's workers' compensation payment along
with City supplement, sick or vacation leave, is found to be working or receiving
compensation for his/her 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..
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Section 1.0. LZGHT DUTY - Employees may return to work with a Ught Duty
Certificate and/or letter from their physician provided there is work available
within the Department that would comply with the Doctor's requirements. If
there is no such work available the employee will remain on sick leave status
until he/she has a full release to return to work from his/her doctor.
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ART/CLE 14- FUNERAL LEAVE
Section 1, Bargaining unit employees shall be granted time off with pay to
arrange, for and/or attend funeral services in the event of death(s) in the
immediate family as defined in SeCdon 2 of this Article. Proof of death will be
required. Such time off will not exceed five (5) working days for an out of state
and three (3) consecutive working days for* an in state. At the employee's
option,' five (5) working days out of state funeral leave may be taken in two (2)
segments, of not less than two (2) days each, provided that all five (5) days are
taken within a sixty (60) day Period, and documentation establishing out of state
travel related to the death is provided to the Human Resources Director.
Section2, For purposes of this Article, I~e employee's immediate family is
defined as a non-probationary employee's husband, wife, son, daughter, son-in-
law, daughter-in-law, father, mother, father-in-law, mother-in-law, brother,
sister, grandparents, foster parents, foster child, step-mother, or step-father or
step-child. The City Manager may grant funeral leave beyond these categories.
when extenuating circumstances exist.
Section 3. Funeral leave shall not be charged to vacation, compensatory time,
or sick leave and. shall not be used to trigger an overtime payment in any work
period unless the employee has worked in excess of 40 hours without the funerat
leave computation.
Section 4. The Oty Manager may grant additional leave under this Section
which shall be debited against the employees annual or sick leave time or may
be granted as leave without pay.
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AR'I'ZCLE ].5 - t4ZLZ'I'ARY LEAVE
Section 1.' All employees of the City who are members of a military reserve
unit and who must attend annual training sessions are entitled to leave of
absence With full pay.
The City of Boynton Beach pursuant to Flodda Statute 115.07 - Officers and
Employees Leaves of Absence for Reserve or Guard Training, will grant up to
seventeen (17) calendar days with pay each year in order that-such employees
may fulfill their military obligations.
Full-time permanent employees in the City service who are called to perform
military service will be granted a leave of absence without pay for such service in
accordance with the provisions of Public Law 93-508, Section 2021. - Right of Re-
Employment of [nducted Persons; Section 2024 - Right*of Persons Who Enlist or
are Called to Active Duty; reserves.
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AR'rZCLE 16 - LEAVE OF ABSENCE
Section 1. LEAVE WlTHOUT PAY - A regular employee may be granted
leave of absence without pay for a period not to exceed one (1) year for
sickness, disability or other good and suffident reasons which are considered to
be in the best interest of the Qty. Such leave shall require the prior approval of
the Department Head, Human Resources Director and the City Manager.
Employees that are on approved leave of absence without pay will be responsible
for paying all of their benefits, i.e. insurance, etc. Except under' unusual
circumstances, voluntary separation from the Oty service in order to accept
employment not in the City service shall*'be considered as insufficient reason for
approval of a request for leave-of absence without pay. If for any other reason
leave of absence is given such leave of absence may be~ 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.
Section 2. FAI4]:L¥ MED]:CAL LEAVE ACT- The Oty recognizes it's
obligation to abide by the provisions of the Family Medical Leave Act which~
allows employees to take leave without pay for family medical reasons, upon
request. Employees must use all' paid leave before FMLA leave,
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ARI'ZCLE '17 - 3URY DUTY
Section I. An. employee who is legally summoned to serve on a jury or as a
subpoenaed witness on cases relevant to the City shall be permitted absence
with pay for the time required from such duty. However, such paid time will not
be used in the computation of any overtime for the pay period that the leave falls
in unless the employee works in excess of 40 hours in the pay period without the
calculation of the jury duty time.
Section 2. If an employee is called for jury duty he/she shall 'promptly notify
his/her immediate supervisor within five (5) days of receipt of the summons.
Section 3. In the event a holiday shall occur dudng the period of the
employee jury duty, he/she shall receive pay for such holiday at straight time.
Section 4. The employee must provide the department director with proof of
jury duty service, before compensation is approved,
Section 5. Payment for jury duty will be made as follows:
A. -3URY DUTY/WITNE~. FEES- All pay granted under this section must
be approved by the City Manager, 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* Human Resources 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 Rnance Department for those days that coincide with his/her wo~ schedule.
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.
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AR'FZCLE 18 - t4AI'NTENANCE OF CONDITJ:ONS
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 benef'~, except as set forth or incorporated by reference
in this Agreement.
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ARTICLE 19- SENIORZTY
Section 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
beginning with his most recent date of hire The City and the Union recognize the
value of an experienced work force 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. ".lob seniority" will mean the employee's
length of service within a particular classified job.
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ART/CLE 20 - LAYOFF AND RECALL
Section
Section 2.
manner:
Employees shall lose their seniority for the following reasons:
ge
Termination
Retirement
Resignation
Layoff exceeding the period of recall
Unexcused absences for three (3) or more days
Failure to report intention of returning to work to the Human
Resources Department, within five (5) days of receipt' of
recall,
as verified by certified mail.
Failure to report from military leave within the time
prescribed
Layoff and recall of employees shall be handled in the following
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 dassification
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. Such layoff will be made in reverse order of-senior'~y within
the_departmenl~ Senior laid-off employees of the department shall
be able to displace (bump) junior department employees who are
irt any equivalent or lower classification for which the bumping
employee is eligible for or for which he qualifies.
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 ~vhich the employee is. qualified. The
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ag
employee may pass or accept placement into any such open
position for a pedod of one year.
Em ployees 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.
Employees may also choose to accept the lay-off, at the time of the
initial lay-off, and receive a severance package of one month's
wages. In this connection, the employee may not reapply to a
position withinthe City for one year from the date. the lay-off took
affect and shall not be placed on the recall list..
It shall be incumbent upon the' laid-off employee to ensure the Oty
has information pertaining to his most recent address for the
purpose of recall.
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 dghts not to exceed four (4) months.
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ARTZCLE 21 - .1OB POSTTNG AND BIDDING
POLZCY
3ob vacancies may occur which require recruitment efforts in order to fill a
vacancy. This policy establishes that posting of job vacancies are required to
ensure that equal employment opportunity recruitments are consistently attained
for all regular status positions.
BASIC REOUIREHENTS
1.No job shall be filled until the position has been posted for a
period, no less than ten (10) calendar days.
2..lob postings shall be on official bulletin boards, designated
by the by the Human Resources Department. .
3.Hiring procedures, such as form of application, background
. check, interviews, and examination, shall be established by the
Human Resources Department and may be amended from time to
time as appropriate. Copies of current hiring procedures shall be
made available for inspection in the Human Resources Department.
APPLICAI'ZON PROCEDURE ~
1.When a job vacancy occurs for any position, the Department
Director shall submit an Employee Requisition Form to the Human
Resources Departmen~ The submission of the Employee Requisition
Form begins the recruitment process. Any particular emphasis desired
of duties for that job must be indicated on the Employee Requisition
Form.
2.Upon receipt of the Employee Requisition Form, Human
Resources will prepare and distribute a notice of the position vacancy
called a "3ob Opportunity". .lob Opportunities shalt be dated and
posted for a minimum of ten (10) calendar days,
3.Unless otherwise indicated by Human Resources, job postings
*will be without an established Closing Date.
a,. ]ob Opportunities shall contain information such as position
title, salary range, dosing" date (if indicated), and minimum
requirement~ indusive of education and experience, among other
things.
5. .-. Advertising of .lob Opportunities will be made
current City employees by posting or publication and to
public and will be coordinated by the Human Resources
at the same time.
6. If a Closing Date has been established and no
recommended for employment .from the pool of applicants
prior to a Closing Sate, the ~osting procedure may be
available to
the general
Department
applicant is
who applied
commenced
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again at the discretion of the Department Head with the approval of
the Human Resources Director.
Temporary or seasonal positions do not require job postings due
to the nature of the employment relationships which is intended to be
of a temporary or seasonal duration, and which has no benefits
attached.
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ART]:CLE 22.- RECRUI'rMENT AND SELECT/ON
[n order for the City to be operationally competitive with other govemmental
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
hidng. 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.
BASZC REOUZREMENTS - ~-
1. The Human Resources Department is responsible for nondiscriminatory
implementation of this policy.
2. Each department is responsible for assi~ng the Human Resources
Department with recruitments, interviews, tentative selections, and.
recommendations for appointment.
3. The Human Resources Department has primary responsibility for hiring
employees. Ali 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 that are made to an
individual prior to obtaining ali necessarily authorizations shall not be
binding on the City.
CURRENT PROCEDURES
A. Applications and Znterviews
1. Once the-Human Resources Department has offidally announced
a job vacancy through the posting of a 3ob Opportunity, the official
recruitment process has begun. The Human Resources Director may
withdraw the recruitment process.
2. [ndividuais desidng consideration for employment must submit
an Application for Employment Form, a letter of proposal, 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 at some point during the employment process.
3. .-.Applications must be sighed and certified by the applicant.
Falsification of any part of the Application for Employment or any
related documents may upon discovery, lead to denial of an application
or dismissal of the employee. Incomplete applications may be
accepted but missing information must be obtained from or submitted
by the applicant on request.
4. All applications and resu~nes received by departments must be
forwarded to Human Resources,
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The Human Resources Department may accept applications for
employment even when there are no current vacancies for a specified
position.
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.
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.
a. Supplemental points will be added to the test scores:
1) Employees shall receive five (5) preference points for their
veteran's status;
2) And one-fourth (1/4) point awarded for each year'of continuous
service employed by the City
8. The Human Resources Department shall advise-the appropriate
Department Head of the eligible applications.
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 class specification, Veteran's Preference will be
given in compliance, with current legislation.
b. [n order for an applicant to be given further
consideration, minimum requirements of that class specification
must be met. Departments share responsibility for this aspect of
selection.
c. 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.
d. Determine who is most suitable for further, consideration
and proceed with additional interviews, if necessary.
e. Prior to recommendation for employment, the department
should determine that the applicant pool was sufficient.
f. ... Prior to any offer or other similar indication of
employment, all necessary steps as outlined in Section B must be
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B. SelectiOn, Reference Checks and the Recommendation Process
1. Once the interview process has revealed suitable applicants,
the
reference checks and screening steps should begin by the department.
2. Human Resources will coordinate additional form completion with the
applicant and will conduct reference checks. Academic degrees, previous
employers, character references, and all information provided on the
Application for Employment will be subject to verification as needed.
3. Once the results of reference checks and screenings appear
satisfactory, the department will be so notified in Order that further
consideration may continue.
4. The department-may then reCommend an applicant for employment
and then submit the proper forms to Human Rescues for processing. If
the Department Director proposes a salary which exceeds the minimum of
the position's pay range, wdtten justification must be included for
consideration of the salary.
5. Upon receipt of a recommendation for employment and in conjunction
with a tentative offer of employment, a pre-employment physical and drug
test for the applicant is then scheduled. Medical examinations must be
satisfactorily passed to determine fitness to perform the duties of the
position.
6. Al'mr acceptance of an applicant's physical examination and drug test
results, the Human Resources Direcl~r may proceed with the hiring
process.
7. It is the City's intent to employ the most qualified applicant best suited
for the position. Current employment with the City is a factor, but is not,
in and of itself, determinative or controlling.
C. Employment Acceptance
1. Employment acceptance must be made by the applicant within three
(3) work days of the department's employment offer, unless otherwise
extended by the Human Resources Director. [f employment acceptance is
declined, the department may consider another applicant from the
recruitments applicant pool, or the department may choose to begin a
new recruitment: Employment Procedures shall be followed in either
case.
2. The _Human Resources Department must be notified by the department
of the tentative hire date. Employee orientation will then be scheduled.
New employees must provide proof of work eligibility and verification of
identity to the City. Human Resources wiii process the necessary
employee paperwork to the Rnance Department for payroll purposes.
3. The Human Resources Department shall conduct a general orientation
program for all new employee~ to explain the City's history and
organization, to complete benefit program enrollments, and to stress the
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customer service.
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ARTZCLE 23 - HOI./DAYS
Section 1.
The following holidays shall be observed:
New Year's Day
Martin Luther King,..]r. Day
Presidents Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day -
Day after Thanksgiving
Christmas Eve
Christmas Day
[n 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..
Section 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 ali events, where the employee is
scheduled off for the holiday, the employee shall be paid straight time for not
working that holiday. In the event that an employee is scheduled on during a
holiday, the employee shall be paid their regular rate of pay for working the
holiday (time and one-half) and shall be paid straight time for the holiday.
Section 3. A full-time employee required to work and who actually works on
an observed holiday .shall receive time and one-half (1 1/2) their regular rate of
pay for all hours worked in addition to that payment provided in Section 2.
Section 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 dudng vacation leave shall not be charged against such
vacation leave,
Section 5. Holidays falling on a Saturday shall be observed the preceding
Friday. Holidays falling on Sunday shall be observed the following Monday. The
City Manager has the authority to resch.edule the holiday (Example New Years
Day 2000).
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ARTZCLE 24- VACATZON
Section 1. The following outlines the vacation leave policy for full time-
employees:
Plan A: The following language and schedule apply to all full time
employees with an employment dateprior to October 1, 1991.
Each full time employee shall eam vacation leave at the rate of one working day
per month during the first year of service. Each employee shall, at the end of
each year thereafter, be Credited with additional vacation days (accumulated in
hours) for each full year of continuous, service as outlined in the chart below.
The number of days/hours credited per year will not increase after the 21st year
of service unless the included chart is amended. Employees on initial one year
probation are not eligible to take vacation for the first six months. Vacation may
be accrued in accordance with the following schedule:
PLAN A
VACATZON ACCRUAL POLtCY
(Based on 40 hour work week)
Years of Service
Vacation Hour~
Vacation Da~
Year
96
Years 15
Years 15
Years I6
Years 17
Years -*' 18
Years 19
Years 20
Year~ 21
10 Years 22
11 Years 22
12 Years _~.- 22
13 Years 22
14 Years 22
15 Years 22
16 Years 24
17 Years 24
18 Years
19 Years 24
12
120
120
128
136
144
152
160
168
176
176
176
176
176
176
192
192
192
192
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20 Years 24 ~92
2! Years & After 25 200
VacaMon leave may be taken as earned subject to the approval of the
Department Head who shall schedule vacations so as to meet the operating
requirements of the Department.
Employees may accrue vacation leave to a maximum of the leave earned in the
most recent two employment years. Vacation leave accrued during October ! -
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.
Plan Bt The following language and schedule apply to all full time
employees with an employment date of October 1, 199! and thereafter. Each
fUll time employee shall earn vacation leave at the rates shown in the schedule
outlined in this Section B. Each employee shall at the end of each year be
credited with additional vacation days (accumulated in hours) for each full year
of continuous service as noted in the chart below. ' The number of days/hours
credited per year will not increase after the 20th year of service unless the
schedule is amended. Employees-on their initial one-year probation are not
eligible to take vacation for the first six months of employment,
Vacation may be accrued in accordance with the following schedule:
PLAN B
VACAI'ZON ACCRUAL poi TCY
(Based on 40 hour work week)
Ye~tr~ of Service
Vacation Hours
Year
Years but less than 5
Years but less than 10
10 Years but' less than 20
6
12
15
17
20 Years and after 20
160
48
96
120
136
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ARTZCLE 25- WAGES
Section 2. All employees in the bargaining unit shall, upon ratification of this
Agreement, first have their job titles, job descriptions, and wage ranges changed
to reflect the DbIG Study hereinafter referred to as City Pay Plan). Upgrades
shall be retroactive to October l, 1999. However, no bargaining unit employee's
wage rates shall be reduced by this action and all current salaries shall be red
circled and protected In addition, all employees except communications
dispatchers shall receive a bonus of .005% based on their the pay plan mid-
range salary, times years of service, retroactive to October 1, 1999. The bonus
may not exceed $2,500.00 per employee. Employees who are below the mid-
range shall have the bonus applied to their houdy wages. Employees above the
mid-range shall receive their bonus in a one-time lump sum payment check. All
bonus checks shall be pensionable..
All employees, including communications dispatachers, shall, on their anniversary
date, and after receiving a satisfactory performance evaluation, shall receive a
4% base wage increase, retroactive to October 1, 1999. Such increase shall be
given even if it causes his/her salary to go beyond the range maximum.
Within thirty days of ratification, a committee shall be formed, which shall include
three representatives from the union and three representatives from
management. The purpose of the committee shall be to address concerns
relative to the revised job descriptions, dUties, salary ranges, classifications, etc.,
which employees may bring forth to the committee. Should the parties be
unable to reach a joinfly, satisfactory solution to the-employees' issues, the
employees' issues shall become the subject of the collective bargaining process
for a successor contract,
Section 2. The City and the Union agree to exceptions to the City's pay plan
wage ranges for the job classifications listed in attached APPEND]XES A and B.
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AR'r~CLE 26- SAFETY AND HEALTH
SeCtion :[. 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.
Section 2. Employees in classifications/positions where it is warranted, will
receive safety shoes/boots/glasses on an annual basis, in the same manner as
currently being provided by the City Management.
Section 3. 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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ARTZCLE 27- GENERAL PROVZSZON
SectiOn 1. The City and the Union agrees to Share in the cost of reproducing
this Agreement. The City will make the Agreement available on the Oty's Shared
Drive.
Section 2. 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.
Section 3, The City shall pay the total medical, hospitalization, and dental
insurance premium for all regular employees. The employees will pay the full
cost of medical, hospitalization and dental insurance for their dependents.
Existing, or comparable coverage with no decrease in benefits'* shall remain in
effect for the duration of this Agreement; hOwever, in the event that the City can
provide for alternative equivalent benefit options for employees, at no additional
cost to the employee, then the health insurance coverage for the employee and
their dependents may be amended from time to time.
Section 4. The employee shall be allowed to place wdtten 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 which
has been prepared by- supervisors.
Section 5. The City's Human Resources Department maintains a personnel file
for ali City employees. Consistent with State law, the Oty agrees that upon
request, a member shall have the right to inspect his/her own personnel records
and shall have the right to make duplicate copies of his/her records at no
expense. The City may destroy .personnel files in accordance with appropriate
Florida State.Statutes. The employee file maintained by the Human Resources
Department shall be the offidal file for each employee.
Disciplinary actions older than a two (2) year time frame shall not be referred to
or considered in any current disciplinary action.
Section 6. The City will provide reimbursement for tuition and books for any
full time non-probationary-employee who chooses to obtain a High School
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degree, G.E.D. or equivalent, or who chooses to attend an accredited college or
university.
Except for enrollment in a G.E.D. or High School Equivalency program,
employees meeting this cdteria will initially pay for tuition and books, and be
reimbursed by the City upon presentation of documented completion of the
course. The employee who attains a grade of "A" or better will receive 100%
reimbursement; a grade of'B" or better, 75% reimbursement; or a grade of "C"
or better, 50% reimbursement of the tuition and books for the course.
Inthe event that the course is a mandatory pass/fail course, a grade of " passing"
shall be treated the same as a "B". Employees will receive no compensation for
a grade, below "C"~
Employees who wish to enroll in a G.E.D. or High School Equivalency program
may, upon the submission of appropriate registration materials, be advanced by
the Finance Department, a check for the cost of registration and books.
Courses must lead to a degree in the field of discipline that may enhance the
member's performance in any City position. The committee to review the validity
of the course and degree program for which the reimbursement is :applied will be-
made up of the employee's Department Head, Human Resources. and Rnance
Directors or their designees. Approval for' partidpation in the reimbursemenL-
program must be made prior to enrolling in the course. The committee will
forward the recommendation to the ab/ Manager who will have the final
approval for payment. Employees are eligible for a maximum of $750 per fiscal
year on a first come first serve basis, but in no case will reimbursement funds be
approved that exceed the budgeted allowance.
This benefit will not be retroactive~ and will only cover classes taken in the fiscal
year applied for.
-Section 7. For the term of this agreement, employees who are required to
wear uniforms shall receive the same number of uniform pieces, allocated to
them prior to the ratification of the agreement. The cost of the uniforms shall be
borne by the City.
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ARTZCLE 28 - SAVZNGS CLAUSE
Section 1. [f any artide or section of this Agreement should be found invalid,
unlawful or not enforceable, by reason of 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..
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ARTZCLE 29 - DUES DEDUCTZON
Section 1. For 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 deductions for the purpose of paying Local 1227 dues deductions.
Employees shall receive copies of the form from their Union Steward or the
Union's office.
Section 2. The Union wiii'nofify the-City as to the amount of Union dues
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
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, the employee shall go to the Union office and Union staff shall
prepare and mail an employee signed notice of such change to the Ob/'s Rnance
Department.
Section 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.
Section 4, For the purpose of putting, this Artide into effect, the Union will
furnish forms for such individual authorization.
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ARTZCLE 30 - PENSI~ON
Employees will continue to participate in the current 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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ART/CLE 31- DURAl/ON
Section 1. This Agreement shall become effective on ratification by both
parties as prescribed by Chapter 447, Rorida Statutes, retroactive to October 1,
1999, and remain in full force and effect until September 30, 2000.
Either party shall notify the other in writing not pdor to Apdi 15, , 2000,
expressing a desire to negotiate a new collective bargaining agreement. [f not
notified by April 15, 2000 the current contract language shall remain in full force
and effect until the next fiscal year.
Initial proposal and negotiations shall-commence within sixty (60) days from
receipt of notice by either party.
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ART1:CLE 32 - PROBA'rZONARY PERZOD
Section 1. All newly hired or rehired employees shall be subject to a
probationary period of ! year.
Section 2. All promoted employees shall be subject to a probationary period of
6 months.
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AR'I'~CLE 33 - LONGEVTI'Y BENEFTI'S
To provide benefit incentives to long-term employees, giving recognition for
continuous and meritorious service. Longevity benefits are available within these
guidelines.
ELZGZBZLZTY
Employees eligible are those employees who:
a) have been employed with the City on a regular full-time and
continuous basis for a minimum of five (5) years,
b) have an over "IVlEETS ~i'ANDARDS" or above rating on the
previous employee evaluation.
BENEFIT
Employees will receive a cash Lump Sum Bonus as follows:
On the employees fifth (Sm) anniversary a lump sum payment of $500.00
On the employees tenth (:tOm) anniversary a lump sum payment of $:t,000.00
On the employees fifteenth (15m) anniversary a lump sum payment of $1,500.00
On the employees twentieth (20~) anniversary a lump sum payment of
$2,000.00
PROCEDURES
Any pay-eamed for Longevity Benefits is subject to required federal
deductions:
Each Department Director is responsible "for projecting the number of
employees eligible for Longevity Benefits in their department and budget
accordingly for each fiscal year.
Benefits shall not be 'paid beyond termination payouts. Employees who
terminate from City employment prior to their to their hire anniversary
date will not be entitled to benefits.
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ARTICLE 34 - BONUS INCREASES
in addition to any other monetary benefit, the City Manager is authorized to
approve a bonus of $500.00 when such* a bonus is 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 money and only
one bonUs will be allowed to an employee in a fiscal year. This approach is a
system where top performance can be recognized by the immediate supervisor
and prompt rewards.can be made at thediscretion 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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AR'I'ZCLE 35- cTrY MANAGER ZNCENTZVE PROGRA~
All submittals for incentives must be done as part of a team and the submittal
must be' approved by the team's supervisor. The pool for funding this program
will be limited to $~.5,000.00 per fiscal year and the amount of any single
program will be limited to $1,000.00 Employees are encouraged to be as
creative as possible, while at the same time keeping the effort simple. Incentive
payments will be considered for the following type of activities (although they are
not limited to just these type of activities):
Customer service improvements..-
Cost efficiencies (savings).
Improvements in operations.
Productivity enhancements.
Expanding hours of operations.
Doing work in-house rather than engaging a consultant.
Incentive appli~cations will be accepted by the City Manager's' office, commencing
September 30"~ of each year, for award at the last City CommiSSion meeting in
December.
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AR'rZCLE 36 - BONUS DAYS
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.
ACCRUAL
All full time City employees covered by this policy are eligible to receive on
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.
2. Bonus days shall be counted as vacation leave and subject to the.
provision set forth for use of vacation.
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ARTICLE 37 - HANAGEMENT RIGHTS
Section 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 dght 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 dghts 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 Ob/. The rights
reserved to the sole discretion of the City Shall include, but are not limited to, the
dght:
A. 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 contmt and
discretion over the organization and operation of the Oty 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,
B. To maintain economic stability~
C. 'To change or eliminate existing methods of operation, equipment, or
facilities and to adopt and implement technological changes or improvements
including, but not limited to, vehicles, and all other materials or supplies.
D.To determine the methods, income and personnel by which such operations
are to be conducted.
E. To select, hire, test, classify, promote, train, assign, retain, evaluate, lay-
off, schedule, and determine the qualifications of all employees.
F. To suspend, demote, discharge, reprimand, or take other disciplinary
action against employees for Just cause.
G. To determine the organization of City govemment.
H. To determine the purpose and: extent of each of its constituents,
departments and positions therein.
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L To set standards for service to be offered to the public, and standards for
the performance of duties of job assignments,
3. To manage and direct the work of the employees of the City, including the
right to assign work and overtime as provided herein.
K. To establish, determine, implement and maintain effective, internal
security practices.
L. To determine the number, type. and grades of positions or employees
assigned to an organizationatunit, department or project.
M. 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
posted, and will not be altered in the midst of normal pay periods as provided
herein.
To adopt or enforce cost or general improvement programs..
[na civil emergency, to use personnel in any lawful manner.
Section 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, or other emergency conditions, the provisions of
this Agreement may be suspended by the City during the time of the declared
emergency as long as employees remain in a pay status;
S:ca\Collective Bargaining\White Collar CBA030700 version
63
Agr~. to: this ~! ... day of ~)(~¢~ , 19. ~,. by and.
between the respective parties through the authorized representatives
of the Union and the City.
NATIONAL CONFERENCE OF ~REHEN & OZLERS, SETU AFL'CXO, CLC
/Witness
CITY OF BOYNTON BEACH
Witness
Al'rEST:
.<-~'-,.ON' 8E:~ '"%:,
Wi~e~ - ~ .... Y~7"
~ ~~.' ,~+ ~ .
"'",,,,,'""'
Ci~'~omey ~ d~nager '
S:ca\Collcctive Bargaining\White Collar CBA030700 version
~'/v",-- -D -/3- o o
Date ratified by Commission:
Date ratified by Union:
64
S:ca\Collective Bargaining\White Collar CBA030700 version
65
APPEND]X A~
POSZTZOI~
Police Records Clerk
WAGE RANGE
$21,635- $32,453
Building [nspector
Plumbing/Mechanical [nspector
Electrical [nspector
Rre Inspector
Plan Review Analyst
Plans Review Technician
$30,349 - $45,534
Senior Building Inspector
Senior
Senior
Senior
Planner
Economic Research Analyst
$32,528 - $48,792
S:ca\Collective Bargaining\White Collar CBA030700 version
'- 66
Date ratified by Union:
APPEND]:X B
COMMUN]:CAT/ONS DXSPATCHERS WAGE AD.IUSTHENTS AND NEW WAGE RANGES
EMPLOYEE NEW SALARY ADJUSTMENT
K.William$ .' $31.678. $3.889
M. Princioe $30.908 $4,430
L. MUth $30,908 $4.430
TJacla $30.908 $5.449
S.McCmry $28,704 · $4,804,
T. McSweeneY $28.704 $4,555
R. Bean $:~6.645 $4,555
M.Sweet; $26.64S $4.555
B.PQwell . $23,712 $3.723
M.FarinQ-Rui[ $23,192 $3.203
E.$teven$ $23.192 $3.203
L. Roqer~ .$23.192 ' $3,203
A.Pack $22.360 $2.37I
].Mule $22.360 New
K.Giimore $22.360 NeW
S:ca\Collectiv¢ Bargaining\White Collar CBA030700 version