R95-027RESOLUTION NO. R95-,~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE
1994/97 AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND POLICE LIEUTENANTS
FRATERNAL ORDER OF POLICE; AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE SAID AGREEMENT, ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the
best interests of the citizens and residents of the City of Boynton Beach, Florida, to enter
into an Agreement with the Police Lieutenants Fraternal Order of Police.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
~ The City Commission of the City of Boynton Beach, Florida does
hereby ratify the 1994/97 Agreement between the City of Boynton Beach, Florida and the
Lieutenants Fraternal Order of Police, and authorizes and directs the Mayor and City Clerk
to execute said Agreement, which is attached hereto as Exhibit "A".
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ~,~/ day of February, 1995.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
~Vice~l~ayor
Mayor Pro ~~/~.
Commissioner
Cot
lerk
(Corporate Seal)
Authsig.doc
Lt. CBA
2/1/95
Agreed to this .~ day of
between the respective parties through
repreSentatives of the Union and the City.
3~itness
Witness
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the authorized
POLICE LIEUTENANTS
FRATERNAL ~JRDER/OF .ROLICE
Y ~i~Re~e~t at ire ....
· C'~ Attorn~
CITY OF BOYNTQN BEACH
/
/
Mayor /
ATTE S T:
C~y Cllerk
City Manager
Ratified by City Commission
Date
Ratified by ~Union Members
Date
Lt.CBA
1/10/94
1/13/94
1994/1997 AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
POLICE LIEUTENANTS
FRATERNAL ORDER OF POLICE
Ratified by City
Ratified by Union
TABLE OF CONTENTS
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Preamble .....................................
Recognition.
No Strike or Lock-Out .......................
Non Discrimination ..........................
Dues Deduction ...............................
Union Time Pool ..............................
FOP RePresentation ............................
Bulletin Boards ..............................
Information Requests ......................... ~
Rights of Lieutenants Under Investigation ....
Legal B .t ...............................
Discipline and Discharge .....................
Subcontracting. ..............................
R~
On ~urles .............................
Call Back Pay ................................
Court Appearances ............................
BereavementLeave ............................
Sick Leave ...................................
Vacation .....................................
Holidays .....................................
Funeral Expenses .............................
Medical Expenses .............................
Uniforms .....................................
Training .....................................
Personnel Records ............................
Solicitations ................................
Safety and Health ............................
Use of City Facilities .......................
Hours of Work and Overtime ...................
Shift Selection ..............................
Seniority ....................................
Transfers and Shift Changes ..................
Group Insurance ..............................
Tuition Reimbursement ........................
Departmental Policies, Rules & Regulations...
Off Duty Police Employment ...................
Grievance and Arbitration Procedures .........
Past Practices ...............................
Entire Agreement .............................
Personal Vehicles ............................
Promotions ...................................
Savings Clause ...............................
Temporary Assignment .........................
Chemical Testing .............................
Management Package ...........................
Duration of Agreement ........................
Signature ........................... - .........
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~ This agreement is entered into by and between the
City of Boynton Beach, Florida~ hereinafter referred to as the
"Employer" or "City", and the Florida State Lodge, Fraternal Order
of Police, hereinafter referred to as the "FOP" or the "Union" It
is the intent and purpose of this Agreement to issue a sound and
mutually beneficial working and economic relationship between the
parties hereto; to provide an orderly, prompt and peaceful means of
resolving disputes involving interpretation or application of this
Agreement; and to set forth basic and full agreement between the
parties concerning wages, hours, terms and conditions of
employment.
RECOGNITION
~ The City of Boynton Beach hereby recognizes the FOP
as the eXclusive collective bargaining agent with respect, to wages,
hours and other terms and conditions of employment for all
employees in the bargaining unit.
~ The bargaining unit for which this recognition is
accorded is as defined in the certification granted by the Public
Employees Relations Commission and comprises all full-time police
lieutenants, except those lieutenants assigned as the public
information officer with the City of Boynton Beach. Excluded are
all other employees of the City.
DURATION OF A~R~EMENT
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~ This agreement shall become effective October 1,
1994 and shall continue in full force and effect up through and
including September 30,1997.
~ This Agreement shall be for a period of three (3)
years provided the parties agree to reopen negotiations on the
following subjects for the second and third years of the Contract:
1. Pay Plan,
2. Cost of living adjustment
The parties waive the right to negotiate all other terms and
conditions of this Agreement during the term hereof. Negotiations
on the two issues listed above shall co~t~ence within thirty (30)
days of request for negotiations made by either party.
Agreed to this day of , 19
between the respective parties through the
representatives of the Union and the City'.
POLICE LIEUTENANTS
, by and
authorized
FRATERNAL ORDER OF POLICE
Witness
BY:
Chief Representative
Witness
CITY OF BOYNTON BEACH
Witness
Witness
APPROVED AS TO FORM
AND CORRECTNESS:
BY-
Mayor
ATTEST:
City Clerk
City Attorney
City Manager
Ratified by City Commission
Date
Ratified byUnion Members
Date
Lt.CBA
1/10/94
1/13/94
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laboratory of the employee's choice. In the event that the
confirmatory test is positive, the employee may be subject to
disciplinary action. Any employee who, on his own initiative,
volunteers to participate in a substance abuse rehabilitation
program when such request to participate occurs prior to a chemical
test, the employee shall be permitted to utilize accrued vacation
and/or sick leave to the extent that such sick leave exists during
the tenure of the rehabilitation program. Any employee
volunteering to participate in such a program shall not be
subjected to any disciplinary action.
~ All records of chemical testing and participation in
rehabilitation programs shall be treated as medical records and
therefore exempt under the Florida PUblic Records Law.
~ Nothing in this section shall prohibit the City from
directing that an employee submit to physical examination when the
employee has.reason to believe that the employee is otherwise unfit
for duty.
~ All chemical tests shall be performed in accordance
with accepted scientific standards for the collection of chemical
test samples and the requirements of chain of custody shall be
observed. Employees required to submit to a chemical test shall,
upon request, have the right to be accompanies by a union
representative at all stages of the testing procedure.
MANAGEMENT PACKAGE
Lieutenants shall continue to receive the management package While
in effect. Management has the exclusive right to delete this
benefit prow[ded it is deleted on a city wide basis.
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~ L~eutenants acting in the capacity'of Senior Staff
Officer shall be paid five percent (5%) above the Lieutenant's
regular rate of pay.
~ The provisions of this Article shall not apply to
persons performing other than regular road patrol duties, including
details.
CHEMICALTESTIN~
~ The FOP and the City agree that the maintenance of
professional standards and the public confidence requires that
there be a work place free from substance abuse (including
alcohol).
~ Should any commander have a reasonable suspicion
based upon observable, objective factor to believe that a member of
the bargaining unit is under the influence of a controlled
substance he may order the bargaining unit member to submit to a
chemical test in accordance with the provisions of this article.
~ Chemical tests may be performed either through
urinalysis, blood testing or hair cuttings. The choice of the test
shall be that of the employer. At the time a sample is drawn, the
sample shall be divided into two portions with a second portion
reserved for any necessary retests that may occur in accordance
with the provisions of this article.
~ All tests shall first be performed through the use
of an EMIT screening procedure. In the event that the EMIT test
results in a positive finding for controlled substances the test
shall be confirmed through the use of a GCMS test° No test shall
be considered final until confirmed by a GCMS test.
~ In the event that an employee is found to have a
positive test as confirmed by GCMS, the employee maY utilize the
reserved sample for a confirmatory test to be performed at a
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Three" as Drovided by the Civil Service rules and regulations of
the City may reapDly for review to the City Manager whose decision
shall be final.
SAVINGS CLAUSE
~ If any Article or section of this Agreement should
be determined by a court of competent jurisdiction to be in
conflict with any existing or subsequently enacted legislation or
judicial decision, all other Articles and sections of this
Agreement shall remain in full force and effect with it being
presumed to be the intent of the parties that the invalid language
be stricken.
~ In the event of Such a determination, the parties
shall meet within thirty (30) days for the purpose of negotiating
a substitute provision.
PERSONAL VEHICLES
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~ When an employee is required to use his/her personal
vehicle in the performance of police duties, said employee shall be
reimbursed a mileage rate as established by City resolution,
excluding mileage traveled to and form the normal work location.
~ For the purpose of this Article, the performance of
Dolice duties shall include attendance at court, deDositions,
administrative hearings, conferences with City officials, schools
and seminars.
~ Ail testing for promotional poSitions shall be in
accordance with the City of Boynton Beach Civil Service Rules and
Regulations.
~ Should the Department determine to utiliZe an oral
board as a component of the testing procedure, said board shall
consist of at least three (3) persons, who are law enforcement
officers of equal or greater rank from jurisdictions other than the
City of Boynton Beach.
~ All decisions and scoring by the board shall be made
at the conclusion of the interviews and must be arrived at a joint
meeting.
~ If possible, a Union representative who is not
eligible for.promotion shall be present as an observer at all times
while the board is seated and charge time to the Union Time Pool if
on duty.
by any person
Whenever possible no numerical score, shall be known
until the completion of the entire promotional
testing process. Where passage of a component of the test is a
necessary element of advancement to the next component of the test,
employees and assessing personnel shall be notified only that an
employee is eligible or not eligible to advance in the promotional
process whenever possible.
~ Members passed over for promotion under the "Rule of
PAST PRACTICES
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Ail employment practices listed below shall remain in effect:
A. Lockers.
B.
C.
D.
F.
G.
H.
I.
J.
Locker room shower, gym.
Shoes every six (6) months.
Provide weapons, equipment, gear appropriate to
assignment.
Bullet proof vests.
JacketS, raincoat, boots.
Desk space, office supplies.
Approved and required travel expenses.
Use of City vehicles for court when available.
Three (3) complete uniforms per year, as needed.
ENTIRE A~REEMENT
The parties agree that this Agreement constitutes the full and
complete understanding of the Darties.
the close of the meeting.
For the purposes of this Article,
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a working ~day
shall be 8:00 A.M. to 5:00 P.M., Monday through Friday, exclusive
of holidays observed by the City.
~ ~Time limits set forth above may be lengthened or
shortened by mutual agreement~ in writing. In the event that the
Union or any employee shall fail to abide by the time limits
provided herein, the grievance shall be deemed abandoned.
~ In accordance with State law, the Union shall not be
obligated to process the grievance of a non-member.
~ The Union shall have the right to file grievances in
its own name in the third step of the grievance procedure or any
non-disciplinary matter involving the interpretation or application
of this Agreement.
~ If any grievance is not satisfactorily resolved at
the City Manager level, the Union shall have the right to demand
arbitration within ten (10) days of receipt of the City Manager's
decision. Arbitration proceedings shall be conducted in accordance
with the American Arbitration AssoCiation procedures.
~ The arbitrator shall have exclusive jurisdiction and
authority to resolve grievances as defined in this Agreement. The
arbitrator shall have the authority to issue subpoenas enforceable
in any court of competent jurisdiction and shall administer oaths
to all witnesses testifying in any proceedings.
~ The arbitrator shall have no power to change, amend,
add to, subtract from, or otherwise alter or supplement this
Agreement or any part, thereof or any amendment thereto.
Section 10. The findings of the arbitrator made in accordance
with this Agreement,shall be final and binding on all parties. The
arbitrator's decision shall be in writing and shall set forth the
arbitrator's findings and conclusions on the issues submitted
unless otherwise agreed by the parties.
Section 11. The costs for services of the arbitrator shall be
borne equally by the parties. Any employee who is a grievant in a
grievance proceeding shall have the right to attend the arbitration
at no loss of pay and time will be charged to the Union time pool.
Section 12. Either party to this Agreement desiring for a
transcript of the arbitration shall be responsible for the cost of
the transcript unless otherwise agreed to in writing by the
parties.
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OFF-DUTY POLICE ~.~DLOYMEN~
~ Off-d~ty police employment shall be defined as any
police-related duty that is performed or ad_ministered by a sworn
employee which is paid for by a private entity,, through the City of
Boynton Beach.
~ When City facilities are used by other agencies or
persons, any desired security arrangements shall be at the option
of the user. If the user and/or the City determines that certified
police officers are to be required at any public event, only
Boynton Beach Police Department personnel shall be used.
Step 1. The Captain shall conduct a meeting with
the affected employee or employees and the Union
steward within ten (10) working days of receipt of
the written Grievance and shall reply to the
affected employees and the Union in writing within
ten (10) days after the close of the meetinG.
If the Grievance is not settled to the satisfaction
of the employees at Step 2, the decision may be
appealed by presenting the written Grievance to the
Police Chief not later than ten (10) days after
receipt of the decision by the Captain. The Police
Chief shall conduct a meeting with the affected
employees and Union steward within ten (10) working __
days after receipt of the Grievance and shall reply
to the affected employees and the Union in writing
within ten (10) working days following the close of
the meetinG.
If the Grievance is not resolved to the
satisfaction of the employee at Step 3, the Police
Chief's decision may be appealed to the City
ManaGer not later than ten (10) working days after
receipt of the Step 3 decision. The City ManaGer
shall meet with the affected employees and the
Union steward within ten (10) working days
following receipt of the Grievance and shall reply
in writing within ten (10) working days following
TUITION REIMBURSEMENT
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~ The City shall provide an incentive in the form of
paid tuition and books for members who choose to attend an
accredited college or university.
~ The member shall initially pay and be reimbursed by
the City upon presentation of documented completion of the course.
College and/or University programmust be initially approved by the
City Manager.
~ Members attaining a grade of "A" or "B" shall be
reimbursed for 100% of the coSt of a course. Members attaining a
grade of "C" shall be reimbursed for 50% of the cost of a course.
In the event that a course is a mandatory pass/fail course, a grade
of passing shall be treated as a satisfactory grade. Employees
shall receive no compensation for grades below a "C".
~ Courses must lead to a degree in the fields of law
enforcement, criminal justice, ~public administration, or any other
similar police profession discipline that may, in the opinion and
with the approval of the City Manager enhance the member's
performance as a law enforcement officer.
DEPARTMENTAL POLICIES. RULES AND REGULATIONS
~ It is agreed and understood that the Police
Department currently has policies, rules and regulations governing
employment. The formulation, amendment, revision and
implementation of any rule shall not be arbitrary or capricious.
In the event of a conflict between the rules and specific
provisions of this Agreement, the Agreement shall control.
~ Nothing in this Section shall constitute a waiver of
the Union's right to impact bargaining as defined in Chapter 447,
Part II, Florida Statutes (the Florida Public Employee's Relations
Act). In the event the City wishes to amend, revise or implement
any new rule, it shall give ten (10) days notice to the Union.
TRANSFERS AND SHIFT CHANGES
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~ No member shall be transferred nor have his/her
shift or schedule changed, including days off, without forty-eight
(48) hours notice, except in time of emergency, as elsewhere
defined in this Contract. If a member suffers a transfer or shift
change, as defined in this Agreement, without forty-eight (48)
hours notice and without the consent of the employee, all time
worked on the first newly assigned shift or workday shall be at the
overtime rate.
~ Members may request to exchange shifts, provided
that exchange is approved, which approval shall not be unreasonably
withheld, and the City shall not be obligated to pay overtime.
~ROUP~INSURANCE
~ The City shall provide a Fifty Thousand Dollar
($50,000.00) life insurance policy to all bargaining unit members
at no expense to the employee. The policy shall bear a double
indemnify provision for death occurring in the line of duty. This
shall be in addition to any other benefits required by State or
Federal law.
~ The City shall provide one hundred percent (100%) of
the cost of individual coverage in a group health insurance policy.
~ The health and dental insurance coverage currently
in effect shall not be reduced through the life of this contract.
~HIFTSELECTION
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~ The Department shall have the discretion to
determine the number of persons assigned to each shift and division
within the Department. The City reserves the right to assign
Lieutenants to a particular division within the Police Department.
~ The City may designate the number of slots assigned
to each shift. Thereafter the employees shall choose slots by
seniority. The Department shall have discretion to change the
junior sergeant for'training purposes. The right to select shift
shall not apply to probationary lieutenants.
leaves.
~ Seniority shall be computed from the date of
promotion to sergeant. If two (2) lieutenants have the same date
of promotion, the date of initial appointment to the service of the
City as a police officer shall be the determining factor.
Seniority shall accumulate during all authorized
Seniority shall be the determining factor for the
selection of vacations and overtime assignments.
~ The City shall have the right to determine the
number of lieutenants assigned to each division and each shift.
~ For lay-offs and other non-disciplinary reductions
in personnel the foregoing procedure shall apply that Senior
Classes will displace Junior Classes. An example would be: if a
police lieutenant's position is to be abolished, the incumbent with
the least seniority in the position of lieutenant would displace a
Police Sergeant, who would displace a Police Detective, who would
displace a Police Officer, who would displace any probationary or
provisional or temporary, or be separated as the case may require.
USE OF CITY FACILITIES
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The FOP shall be entitled to the use of City facilities to conduct
Union business at the same cost assessed to other groups or other
PoliceDeDartment activities.
HOURS OF WORK AND OVERTIME
~ The normal hours of work for bargaining unit members
shall be five (5) days per week at eight (8) hours Per day.
~ No work schedule, days off, hours of work, etc.,
shall be changed primarily for the purpose of avoiding the payment
of overtime.
~ No person shall be required to work more than
sixteen (16) hours at one (1) time, except in a declared emergency.
For the purposes of this section and this agreement, an emergency
shall be a natural disaster, (flood, hurricane, etc.) or man-made
disaster (riot, mass civil unrest, etc.) or other incident which
directly threatens the health and safety of the citizens of Boynton
Beach.
~ Any employee who works in excess of the normal work
day or the normal work week shall be entitled to pay, for those
hours in excess of the normal work day or the normal work week, at
the rate of time a~d one-half (1 1/2) the employee's regular rate
of Day.
SOLICITATIONS
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No member shall be forced to attend or participate in solicitations
for monies, membership or sales by any outside group (charities,
insurance comDanies, religious organizations, etc.) while on duty
or at roll call.
· ~E~Y, ~ HEA~H
$~.C~iDJ~_~ The City agrees that~ it will conform to all State
and Federal laws concerning safety, health, sanitation and working
conditions, when said laws are specifically applicable to public
employees.
~ Protective devises, wearing apparel and other
equipment necessary to protect employees from injury shall be
provided and maintained in proper working condition by the City at
no cost to the employee.
PERSONNEL RECORDS
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~_~ Within the limits of and in accordance with the
provisions of the Public Records Law, all personnel records shall
be kept confidential and not released to any person except
authorized City officials or in response to a subpoena, unless the
City receives a written authorization from the member in regard to
the personnel records.
~ Consistent with State law, the City agrees that upon
request, a member shall have the right to inspect his or her own
personnel records whenever or however kept. The member shall have
the right to make duplicate copies of his or her own records at no
expense. No record shall be hidden from a member's inspection and
members shall have the right to allow anyone of his or her choosing
to inspect the personnel records with written authorization.
Members shall have the right to inspect any and all records used to
evaluate, promote or in any other manner, classify or direct an
employee.
$~ A personnel file for all City employees is
maintained by the City Personnel Department. The City will purge
these files of disciplinary actions in accord with the appropriate
Florida State Statute., The purging will take place when the
Personnel Department notes that it is time for a record to be
purged or when an employee, in writing brings the matter to the
attention of the Personnel Director. An employee may requesu, in
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writing, that specific items be kept in his/her Personnel file.
Section 4. All citizen complaint files and Internal Affairs
investigations will be governed by Florida State Statutes and the
Public Record destruction guidelines.
thereafter.
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The City will bear the cost of cleaning ten (10)
issued uniform pieces per week for the contract year. The City
shall notify those employees that are eligible, to take their
uniforms only to the approved dry cleaning establishment in the
City. Lieutenants assigned to plain clothes duty will be given a
cash cleaning supplement reasonably equivalent to that of the
Lieutenant. This will be Daid at the end of each quarter of the
contract year. This allowance shall commence from the date of
assignment on a pro-rated basis.
~ Lieutenants assigned to plain clothes duty for more
than three (3) months at a time will, for that three months period,
be given a cash cleaning supplement equivalent to that given
lieutenants and pro-rated thereafter. These Dayments for
lieutenants assigned to plain clothes duty will substitute for the
normal cleaning allowance for lieutenants.
~ Ail training required of the lieutenant by the
Police Department when off duty shall be compensated at thelrate of
time and one-half (1 1/2) the emDloyee's regular rate of pay.
~ The Police Chief will decide on the Department's
training program according to his judgment of the needs and
requirements and potential for each member of the DeDartment.
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at a City designated medical facility. A hepatitis "B" vaccine
~&~-~"~eS shall also be offered by the City to all bargaining unit