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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 -65- 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 ........................... - ......... 1 2. 6 7 9 10 11 15 16 18 19 2O 21 22 23 24 25 27 29 31 32 34 36 37 39 40 41 42 43 44 45 46 47 48 49 50 54 55 56 57 59 60 61 63 64 65 -1- ~ This agreement is entered into by and between the City of Boynton Beach, Florida~ hereinafter referred to as the "Employer" or "City", and the Florida State Lodge, Fraternal Order of Police, hereinafter referred to as the "FOP" or the "Union" It is the intent and purpose of this Agreement to issue a sound and mutually beneficial working and economic relationship between the parties hereto; to provide an orderly, prompt and peaceful means of resolving disputes involving interpretation or application of this Agreement; and to set forth basic and full agreement between the parties concerning wages, hours, terms and conditions of employment. 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 -64- ~ 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 -62- 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. -60- ~ 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 -58- 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 -56- ~ 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 -54- 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, -52- 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. -49- 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 -47- ~ 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 -45- ~ 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 -43- ~ 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 -41- 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 -39- 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 -37 - ~_~ 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 -38- 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. -35- 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. -33- at a City designated medical facility. A hepatitis "B" vaccine ~&~-~"~eS shall also be offered by the City to all bargaining unit