R95-026RESOLUTION 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 SERGEANTS
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 Sergeants Fraternal Order of Police.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. 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
Sergeants 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 BO~ITON BEACH, FLORIDA
Mayor ~/'
ATTEST:
City'Clerk
(Corporate Seal)
V~ce ~¢yor t
Mayor Pro T , ~?; ? ~
Commissio~
Co~~
Authsig,doe
Sgt,CaA
2/1195
between the respective parties through
representatives of the Union and the City.
-62-
, 19q5 , by and
the authorized
W~tness
Witness
POLICE SERGEANTS
FRATERNAL ORDER OF POLICE
Chi~ f/Rep r e~ en~z~ t
Witness
Witness
APPF~DVE[~ AS TO FORM
CITY OF BOYNTON BEACH
Mayor' ' y'
ATTEST:
City Clerk
City Manager
Ratified By City Commission
~~ ~, /~?~
Date
Ratified by Union Members
Date
1/13/94
1994/97 AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
POLICE SERGEANTS
FRATERNAL ORDEROF POLICE
Ratified by City
Ratified by Union
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TABLE OF CONTENTS
Preamble .....................................
Recognition ............................ ......
No Strike or Lock-Out ........................
Non Discrimination ...........................
DueS Deduction ...............................
Union Time Pool ..............................
FOP Representation ...........................
Bulletin Boar~s ..............................
Information Requests .........................
Rights of Law Enforcement Officers
Under Investigation .........................
Rights ............ ' ................
Dis( andDischarge ....... , ....... - ......
Rate of Pay ..................................
On Duty Injuries .............................
Call Back Pay ................................
Stand By Pay .................................
Court ~rances ............................
Bereav Leave ............................
Sick Leave ...................................
Vacation .....................................
Holidays .....................................
Funeral Expenses .............................
Medical Expenses .............................
Uniforms .....................................
Training .....................................
Personnel Records ............................
SDlicitations ................................
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...
Special Details ..............................
Grievance and Arbitration Procedures .........
Past Practices ...................... i ........
Entire Agreement .............................
Personal Vehicles ............................
Promotions ...................................
Temporary Assignment .........................
Savings Clause ...............................
Chemical Testing .............................
Duration of Agreement ........................
Signatures ...................................
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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
--2--
~ The City of Boynton Beachhereby 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 dated March 18, 1988, and comprises
all full-time police sergeants with the City of Boynton Beach.
Excluded are all other emplOYees of the City.
NO STRIKE OR LOCK-OUT
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~ "Strike" means the concerted failure to report for
duty, the concerted absence of Sergeants from their positions, the
concerted stoppage of work, the concerted submission of
resignations, the concerted abstinence in whole or in part by any
group of Sergeants from the full and faithful performance of their
duties of employment with the City, participation in a deliberate
and concerted course of conduct which adversely affects the
services of the City, picketing or demonstrating in furtherance of
a work stoppage, either during the term of or after the expiration
of a collective bargaining agreement.
~u~T~LiD~_2~ Neither the Union, nor any of its officers, agents
and members, nor any employee organization members, covered by this
Agreement, will instigate, promote, sponsor, engage in, or condone
any strike, sympathy strike, slowdown, sick-out, concerted stoppage
of work, illegal picketing, or any other interruption of the
operations of the City.
~ Each Sergeant who holds a position with the City
occupies a position of special trust and responsibility in
maintaining and bring about compliance with this Article and the
strike prohibition in Florida Statutes 447.505 and the Constitution
of the State of Florida, Article 1, Section 6. Accordingly, the
Union, its officers, stewards and other representatives agree that
it is their continuing obligation and responsibility to maintain
compliance with this Article and the law, including their
responsibility to abide by the provisions of this Article and the
law by remaining at work during any interruption which may be
initiated by others; and their responsibility, in event of breach
of this Article or the law by other employees and upon the request
of the City, to encourage and direct employees violating this
Article or the law to return to work, and to disavow the strike
publicly.
~ ~ny or all Sergeants who violate any provisions of
the law prohibiting strikes or of this Article may be dismissed or
otherwise disciplined by the' City, and any such action by the City
shall not be grievable or arbitrable under the provisions of
Article 47 - Grievance and Arbitration Procedures.
NON-DISC~IMATION
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~ It is agreed that no employee shall be discriminated
against, as prescribed by State or Federal laws, in their
employment because of race, creed, color, sex, age, national
origin, marital status, physical handicap or membership or non-
membership in the Union.
~ Any claim of discrimination by an employee under
this Section may be brought with the appropriate governmental
agency, but may not be grieved under the Contract.
,DUE~ DEDUCtiON
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~ Any en~loyee covered by this Agreement may authorize
a payroll deduction 'for the purposes of paying Union dues. Such
authorization shall become effective upon acceptance by the City of
a fully executed dues deduction form from the employee. Employees
who are currently members of the bargaining unit need not execute
a new dues authorization card.
$~,~J2iD~_~ The Union will notify the City as to the amount of
dues. ~Such notification to the City shall be from an official of
the Union. Changes in Union membership dues will be certified to
the City at least thirty (30) days prior to the effective date of
the change.
~ Dues will be deducted each pay period and such
monies shall be remitted to the Union treasurer once per month, not
later than fourteen days after the end of the month.
~ The effective date of deducting dues shall be the
beginning of the pay period following the day the dues deduction
form is si~ned. The effective date for stopping dues deduction
shall be at the beginning of the pay period thirty (30) days
following the date the revocation form is received by the City.
~ The Union will indemnify and hold harmless the City
against any claims brought based on payroll deductions of dues as
provided in this Article.
UNION TIME POOL
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~ The City shall create a time pool of ninety-six (96)
hours for utilization of designated union representatives for the
conduct of union business within and outside of the City.
~ In addition, members of the bargaining unit may
donate in two (2) hour increments, and not more than eight (8) per
year of vacation time to the time pool on a form designated by the
City.
~ Union representatives shall be released from duty
upon reasonable notice to the Department and approval of the
division or bureau co~nder or lieutenant. If the needs of the
Department do not permit the release of a Particular employee as
requested, the release of an alternative member during the desired
time shall be provided.
FOP REPRESENTATION
~ Neither party in negotiations shall have any control
over the selection of the negotiating or bargaining representatives
of the other party. The parties shall, at their first bargaining
session, exchange a list of bargaining team members.
~ The City shall recognize up to three (3) FOP
representatives for the purposes of bargaining and any bargaining
team members shall be permittedto attend bargaining sessions which
may occur during their regular tours of duty without any loss of
pay but the time for more than three (3) representatives will be
charged to the Union Time Pool. The City shall not be required to
provide overtime to any employee attending negotiations .....
~ The parties agree that the FOP may establish a
system of stewards providing for a chief steward and an individual
steward on each shift and division represented by the bargaining
unit. Stewards on duty shall be permitted reasonable release time
with pay upon approval of the division or bureau lieutenant for the
purpose of processing, any individual grievance or assisting
employees at investigatory or disciplinary interviews.
~ In acting in their capacity as FOP representatives
within the Department and not on behalf of themselves, emploYees
shall not be obligated to observe the Departmental chain of
command. A representative may not refer an issue outside of the
department without first presenting it to a senior staff officer.
This shall not relieve employees from observing the Departmental
chain of co~L~nd except for receiving approval of release time with
regard to their duty-related activities, notwithstanding their
position as an FOP representative.
bULLETIN BOARDS
~ The Union shall be provided with the use of a
Sergeant's Union bulletin board space at one (1) location in the
police building.
~ The Union agrees that it shall use the space on the
bulletin boards only for the purposes of posting notices of Union
meetings; notices and results of Union elections; reports of Union
committees; rulings or policies of the Union; recreational and
social affairs of the Union, and notices by public bodies.
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INFORMATION REOUESTS
~ The City agrees to furnish to the Union president or
designees, upon request at City cost, documents such as agendas,
minutes, financial reports, etc., of the retirement Board, Civil
Service Board, City Commission, and any other body of the City
whose activities may impact on terms-and conditions of employment
of bargaining unit members. Access to any other records shall be
governed by Florida Statutes, Chapter 119.
RI~TS OF LAW ENFORCeMENT OFFICERS UNDERINVESTI~ATION
The City of Boynton Beach agrees that all rights of Law Enforcement
Officers under investigation detailed and granted by Florida
Statutes, Section 112.53211) (a)-(i) will be observed and practiced.
MANAGEMENT RIGHTS
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The Union recognizes that the City has the exclusive
right to manage and direct the Police Department. Specifically,
but not byway of limitation, the City retains the exclusive right
to:
Hire, promote, and lay off employees in accordance with
the City of Boynton Beach Civil Service Rules and
Regulations.
B. Discharge and suspend employees for cause.
Transfer employees from one location to another, one
shift to another, or one starting time to another.
Establish and change the starting and quitting times and
the number of hours and shifts to be worked.
E. Assign and reassign employees.
F. Schedule and change the work to be performed by
employees.
Formulate, implement and change Departmental policy,
rules, regulations, and directives which are nou
conflict with the specific provisions of this Agreement.
Introduce new services, procedures, materials, facilities
and equipment.
Mandate physical, medical, and drug testing in accordance
with law. The City agrees to use State Certified
Laboratories for all drug testing.
Determine and change the equipment and materials provided
to or not provided to employees.
Add to or change the qualifications necessary for any job
classification.
Create, alter or disband ~ units based upon the
needs of the Department as determined by the Police
Chief.
If the City fails to exercise any one or more of the above
functions from time to time it shall not be deemed a waiver of the
City's right to exercise any or all of such functions. Any right
or privilege of the City not sDecifically relinquished by the City
in this Agreement shall remain with the City.
~ In the event of any change over which the City may
have an obligation to bargain concerning an imDact of the change,
the change may be imDlemented prior to resolution of the imDact
bargaining.
DISCIPLINE AND DISCHARGE
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~ Employees may be disciplined only for just cause.
No employee shall be disCiplined without notice of the charges
setting forth the basis for such discipline.
~ Employees shall have the opportunity to have said
disciplinary action reviewed by the Civil Service Board or through
the grievance arbitration procedure established in this contract,
but not both.
~ The parties recognize that timeliness of
disciplinary action is an essential element of due process.
Accordingly, no employee shall be subjected to disciplinary action
unless a final disciplinary reco~=~endation is made by the Police
Chief within fourteen (14) days of the conclusion of the
investigation.
~ Those employeeswho are selected members of the SRT
team shall be compensated an additional 10% for hazardous duty when
said team is actually called to duty. Members of the Organized
Crime Bureau and Directed Patrol who are active shall receive a 5%
No employee shall receive more than one assignment
pay supplement.
pay.
SectiOn 2.
The parties agree for contract year commencing
10/1/94 through 9/30/95 there will be no cost of living adjustment.
Effective October 1, 1994, all future steps will be at the rate of
two (2%) percent per year, on the anniversary date of each member,
subject to the existing approval policy.
ON-DUTY.INJURIER
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~ When 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, the employee shall be entitled to full
regular pay.
If the period of disability is greater than seven (7) calendar
days, the employee will be eligible to 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 take home pay.
~ If the period of disability is greater than 180
days, the City may ask the Pension Board to review said employee's
disability case for retirement due to disability.
~ Following three hundred sixty (360) days loss of
duty due to a service-connected injury, the City shall be
authorized to dismiss the employee for physical inability to
perform within the employee's classification.
~ The City shall endeavor to provide light duty police
work for employees disabled in the line of duty.
CALL-BACK PAY
~ In the event that a sergeant is recalled to duty
anytime outside of his/her regular working hours, the employee
shall be compensated for the actual time worked but in no event
less than three (3) hours at time and one-half (1 1/2) the
employee's regular rate of pay.
~ Employees will be called back to duty on the basis
of the following procedure:
A. Members of the uniform patrol division which include
traffic who are regularly scheduled to work the shift or
tour preceding or tour experiencing the vacancy will be
offered the position first, by order of seniority.
B. MemberS of the uniform patrol shift not regularly
scheduled to work on the day the shift or tour
experiencing the vacancy will be offered the position
next, by order of seniority.
C. If the vacancy remains, the members of the uniform patrol
shift who are regularly scheduled to work the shift or
tour following the shift or tour experiencing the vacancy
will be offered the position, by order of seniority.
D. If the vacancy remains, the member's of the uniform patrol
shift who are not regularly scheduled to work the shift
or tour preceding the Shift or tour experiencing the
vacancy will be offered the position, by order of
Se
FJ
Go
Ho
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seniority.
If the vacancy remains, the members of the uniform patrol
shift who are not regularly scheduled to work the shift
or tour following the shift or tour experiencing the
vacancy will be offered the position, by order of
seniority.
If the vacancy remains the position will be offered to
non-patrol members such as Sergeants assigned to the
Detective, Administrative or Community Police Divisions
by seniority.
If the vacancy remains the position may be offered to
lieutenants.
In the event that the vacancy remains and it becomes
necessary to order individuals to work to fill individual
shift or tour vacancies, then selections shall be by
inverse seniority (junior sergeant first).
S?AND-BY P&Y
~ Employees directed to be on stand-by status shall be
able to respond to a specified location on duty within one (1) hour
and shall be compensated at a minimum of one hour at time and one-
half (1 1/2) the employee's regular rate of pay for the first hour
and one-half (1/2) the employee's regular rate of pay for all
remaining hours.
~ In the event the Sergeant responds to a specified
location for duty, this section would not apply and Article 14,
Call-Back Pay, would address said situation. Therefore, Stand-By
Pay will only be granted if the Sergeant is on stand-by status and
not called to duty.
COURT APPEARANCES
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~ When required to respond to court, deposition,
subpoena, or any other judicial or administrative proceeding
arising out of a member's duty as a police officer, and not
involving the officer as a plaintiff or whose interest is affected
by the plaintiff, the employee shall be paid a minimum of three (3)
hours per day at time and one-half (1 1/2) the employee's regular
rate of pay, unless such court appearance occurs during the
employee's regular working hours.
~ If court appearance is contiguous with the end of
the employee's shift, court time shall be compensated as any other
over time assignment.
BEREAVEMENT ~ LEAVE
~ In the event of the death of the parent, foster
parent, sibling, spouse, child, grandparent, grandchild, mother or
father-in-law, sister or brother-in'law, grandparents of spouse and
any permanent family member of the household such employee shall be
entitled to paid compassionate leave not to exceed three (3)
consecutive calendar days for any one death. However, if it is
necessary for the employee to leave to State in connection with the
internment of the deceased, five (5) days compassionate leave shall
be allowed. Additional leave may be authorized by the Chief or
his/her designee on a case-by-case basis, except that such
additional leave shall be debited against the employee's accrued
sick or annual leave.
~ Employees must verify attendance at out-of-state
internment in writing in order to be eligible for benefits under
this Article. The City Manager may grant additional leave under
this Section.
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~ Employees will earn ninety-six (96) hours of sick
leave per year at the rate of eight (8) hours per month.. The use
of sick leave will be in accord with the Civil Service Rules and
Regulations.
~ Employees who have more than one hundred twenty
(120) hoUrs of sick leave as of September 1, of the current
contract year, may convert 50% of the excess over one hundred
twenty (120) hours to a cash straight time payment not to exceed
one hundred (100) hours in this fiscal year. Those hours over one
hundred twenty (120) hours not converted in the 1989-90 current
fiscal year may be converted in the next fiscal year. This
provision shall not be applicable for fiscal years, 1993/95 and
shall be subject to the collective bargaining process for
subsequent fiscal years.
~ It shall be the policy of the City to permit an
employee the opportunity of donating accrued sick leave time,
provided the contributing employee has 120 hours accrued sick
leave, 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 annual leave to the equivalent
of his/her current annual earned vacation rate. Extraordinary
circumstances shall be defined as lengthy hospitalization, Critical
illness, or injury. When there appears to be a need to share sick
leave in accord with this Article, the Union Steward will prepare
a list of bargaining unit members who are willing to contribute
sick leave hours, confirm through the Finance Department that the
hours are available and submit the list to the Personnel Office for
proper charge to sick leave records. Time used will be used in
order listed on appropriate form supplied by the Union Steward.
~ Sick leave for medical appointment can be scheduled
more than 48 hours in advance and cannot be changed by the
Department except in .the event of a clear need by the Department.
~ No member shall be placed on restricted sick leave
prior to being counselled by the division commander informing the
member of the reasons and allowing them an opportunity to explain
the situation. If after counseling a problem continues, the member
will be notified in writing and placed on restricted sick leave.
A member will be on six leave for a maximum of six (6) months. At
the end of six months, the member will be advised in writing if the
Department intends on extending the restricted sick leave.
~ At the employee's option, the employee may convert
excess sick time as defined in accordance with Section 2 to
vacation time not to exceed forty (40) hours, to be transacted in
the first month of the calendar year.
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~ Vacation shall be accrued in accordance with the
Civil Service Rules.
~ Seniority will prevail in the granting of vacations.
~u~C~Q]~_~u~ Vacation requests may be submitted from forty eight
(48) hours to thirty (30) days in advance. In the event of dual
requests for vacation dates, the senior member's request shall
prevail if it was submitted twenty one (21) days prior to the date
or dates requested. Vacations of three (3) days or less may be
made within twenty-four (24) hours advance notice, provided that
the City incurs no overtime in the granting of such request.
~ Requests for emergency vacation leave shall be
individually considered by the Chief of Police.
~ No member shall be denied vacation nor shall
vacation privileges be suspended or canceled except as specifically
set forth in this Agreement or in time of declared emergency, as
defined in this Agreement.
~e~U,~iD2~_~ All sergeants shall receive in addition to the
existing vacation accruals 32 hours of personal time which may be
used in four hour increments (non-accumulative and cannot create an
overtime situation). The parties agree for contract year
commencing 10/1/94 through 9/30/95 an additional 20 hours of
personal time will be credited to each bargaining unit member, with
the stipulation that all requests for usage are approved by the
Police Chief, and that any denial of the use of this time by the
Police Chief is not grievable. The 20 hours are not accruable and
must be used bY the bargainin~ unit member prior to 9/30/95. These
20 hours will not carry over past 9/30/95.
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~ Holidays will be in accordance with the Civil
Service Rules and Regulations.
~ Holiday Day will be at one and one-half (1 1/2)
times the employee's regular rate of pay, whether or not the
holiday is worked.
A. Holiday Conversion. Under this Section a member may
elect not to receive holiday pay as outlined in Section
2 above, but instead to have the equivalent straight time
holiday hours added as a' lump sum to their accrued
vacation balance.
B. Members who sign up for this section must do so between
OCtober 1st and October 31st of each contract year with
the Bureau of A'dministration.
C. Members exercising this option for conversion will be
paid only straight time for the hours worked on the
holiday.
D~ Members whose regular days off are on a holiday will
receive their normal weekly pay.
E. Members leaving the service who participated will owe
the City for those holidays they were not on the Payroll
either through loss of vacation credits or deduction from
funds due from the City.
Members may elect to take the holiday off and at their
opt ion deduct eight (8) hours vacation or take the
holiday off without Day.
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FUNERAL EXPENSES
~ The City will make a reasonable payment of funeral
costs to the beneficiary of bargaining unit employees killed in the
line of duty not otherwise provided by State or Federal law.
~ All. employees shall, on a form to be Supplied by the
Personnel Director or his/her designee, designate by name and
address, the individual to whom such funds are to be paid.
M~DICAL,EXPENSES
~ Members will receive and shall be obliged to take an
annual electro-cardiogram and physical examinations by
licensed physician approvedby the City. If the City selected
doctor is used, scheduling shall be at the discretion of the
Department and the results will become part of the employee's
Permanent record. Said medical records shall be exempt from
public inspection, as provided by Chapter 119, Florida
Statutes. The City shall bear the cost of the examination.
Q~ A member may elect his/her own private physician if
approved by the City and the City is obligated to pay only a
portion of the fee not to exceed One Hundred ($100) Dollars
upon proper receipt. Said medical records shall be exempt
from public inspection, as provided by Chapter 119, Florida
Statutes.
Hepatitis,
Tuberculosis,
Any condition of disability resulting from
Acquired I~L~Lune Deficiency Syndrome (AIDS),
Meningococcal Meningitis, or Herpes Simplex I,
established to have been occurred in the line of duty shall be
covered the same as other duty injury.
~ Beginning at the age of 30 and every other year
thereafter, the e~loyees shall be provided a twelve lead EKG and
cardiac stress test to be paid for by the City and to be performed
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at a City designated medical facility. A hepatitis "B" vaccine
series shall also be offered by the City to all bargaining unit
members at no cost to-the member.
~ The City shall bear the costs involving lead testing
for the Range Instructor(s).
~ At the members discretion he may request an AIDS
and/or Hepatitis screen at the time of his annual physical. The
cost to be paid for by the City. The results of the AIDS test
shall remain confidential.
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~ The City will supply those parts of the uniform that
the City requires police sergeants to wear on duty. The City will
supply replacements for the Darts of the uniform when replacement
is appropriate, as determined .by the Chief of Police, and if
adequate funds are available in the City's budget.
~ Effective on the date of the approval of this
Agreement, sergeants who are members of the bargaining unit and
assigned to plain clothes duty will receive a maximum of $1,000.00
per contract year, paid in $250 installments at the end of each
quarter and pro-rated as appropriate when assigned during each __
quarter to plain clothes duty. This allowance shall commence from
the date of assignment on a pro-rate basis.
~ Sergeants assigned to plain clothes duty for more
than three (3) months at a time will receive clothing allowance in
accordance with the above for the three (3) months and pro-rated
thereafter.
~ 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. Plain
clothes Sergeants shall be given a cash cleaning supplement
reasonably equivalent to that of the uniformed sergeant. This will
be paid at the end of each quarter of the contract year. This
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allowance shall commence from the date of assignment on a pro-rated
basis.
~ Sergeants assigned to Dlain clothes duty for more
than three (3) months at a time will, for that three months Deriod,
be given a cash cleaning supplement equivalent to that given
sergeants and Dro-rated thereafter. These payments for sergeants
assigned to plain clothes duty will substitute for the normal
cleaning allowance for sergeants.
~ Ail training required of the sergeant by the Police
Department when off duty shall be compensated at the rate of time
and one-half (1 1/2) the employee's regular rate of pay, not
including seminars, conferences, schools and special programs.
~ The Police Chief will decide on the Department's
training program according to his judgment of the needs and
requirements and potential for each member of the Department.
PERSONNEL ~ECORDS
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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 request, in
writing, that specific items be kept in his/her Personnel file.
~ All citizen complaint files and Internal Affairs
investigations will be governed by Florida State Statutes and the
Public Records destruction guidelines.
SOLICITATIONS
-37-
No member shall be forced to attend or participate in solicitations
for monies, membership or sales by any outside group (charities,
insurance companies, religious organizations, etc.) while on duty
or at roll call.
SAFETY Kl~ HEA~TH
~ 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.
USE OF CITY FACILITIES
-39-
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
Police Department 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, or four
(4) days per week at ten (10) 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 and one-half (1 1/2) the employee's regular rate
of pay.
~ One Sergeant per shift per day will serve in the
capacity of Administrative Sergeant and shall be entitled to
receive 15 minutes of overtime pay for performance of tasks generic
to their position such as organization, shift preparation and
review of subordinates work.
SHIFT ~ELECTION
-41-
~ The Chief of Police or his/her designee shall have
discretion to determine the number of persons assigned to each
shift and division within the 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 sergeants.
~ For the purposes of shift selection only, at
scheduled shift pick Acting Sergeants with six (6) months or more
experience in the position of Acting Sergeant shall be considered
in the pick as Junior Sergeant and shall fall in the shift pick
accordingly.
~ Seniority shall be computed from the date of
promotion to sergeant. If two (2) sergeants 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
leaves.
Seniority shall be the determining factor for the
selection of vacations and overtime assi~%ments.
$~,zJ~.D~_S~ The City"shall have the right to determine the
number of sergeants 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 sergeant's position is to be abolished, the incumbent with
the least seniority in the position of sergeant would displace a
Police Detective, who would displace a ~olice Officer, who would
displace any probationary or provisional or temporary, or be
separated as the case may require.
-43-
~ 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 DrOvide a Fifty Thousand Dollar
($50,000,00) life insurance policy to all bargaining unit members
at no expense to the employee. The Dolicy shall bear a double
inde~r~ifyprovision 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 Fiscal Years 1993/95.
TUITION REIMBURSEMENT
-45-
~ 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 program must 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
~ 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
~u~CJ, iD/~,~ 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.
~ In the event the City wishes to amend, revise or
implement any new rule, it shall give ten (10) days notice to the
Union.
SPECIAL DETAILS
-47 -
~ Off-duty police employment shall be defined as any
pOlice-related duty that is performed or administered by a sworn
employee which is paid for by a private entity, through the City of
Boynton Beach.
~ 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.
~RIEVANCE AND ARBITRATION PROCEDURES
~ A 9rievance is defined as a dispute between the City
and the Union, or the City and one or more employees, who are
members of-the bargaining unit, concerning the interpretation or
application of, or compliance with specific terms of this
Agreement.
~ Grievances shall be settled in accordance with the
following procedure:
$_~ An employee shall attempt to resolve any grievance
with the immediate supervisor within ten (10)
working days of its first occurrence or within ten
(10) working days from the time the employee became
aware of the cause of the complaint. A Union
steward may be present if so requested. Discussion
shall be informal for the purposes of settling the
dispute. The decision of the immediate supervisor
shall be given orally to the employee no later than
ten (10) working days after the discussion.
~ If the grievan'ce has not been resolved to the
satisfaction of the employee at Step 2, the
grievance may be reduced to writing on a standard
grievance form signed by the employee and presented
to the Captain within ten (10) working days after
the immediate supervisor's response was rendered at
-49-
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 (I0) working days following
the close of the meeting.
For the purposes of this Article,
-50-
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. The Arbitrator shall be chosen 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
-51-
Agreement or any Dart 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.
PAST PRACTICES
Ail employment practices listedbelow~shall remain in effect:
B.
C.
D.
F.
G.
H.
I.
J.
Lockers.
Locker room shower, gym.
Shoes every six (6) months.
Provide weapons, equipment, gear appropriate
assignment.
Bullet proof vests.
Jackets, raincoat, boots.
Desk space, office supplies.
Approved and required travel expenses.
Use of City vehicles for court when available.
to
Three (3) complete uniforms per year, as needed.
ENTIRE A~RE~.MENT
-53 -
The parties agree that this Agreement constitutes the full and
complete understanding of the parties.
pERSONALVEHICLES
-54-
f~gJ.~D~_/~ 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
pOlice duties shall include attendance at court, depositions,
administrative hearings, conferences with City officials, schools
and seminars.
-55-
~ 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
meeting of the Oral Board.
~ If possible, a Union representative who is not
eligible for promDtion 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.
~ Whenever possible no numerical score shall be known
by any person 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
-56-
Three" as provided by the Civil Service rules and regulations of
the City may reapply for review to the City ManaGer whose decision
shall be final.
TEMPORARY ASSIGNMENT
-57-
~.~ Sergeants acting in the capacity of Watch Co~m~Lander
shall be paid five percent (5%) above the sergeant's regular rate
of Day.
~ The provisions of this Article shall not apply to
persons performing other than regular road patrol duties, including
details.
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.
CHEMICAL TESTIN~
~g2~.&ZD~l~ 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.
~?J, iD]~_3_~ 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
laboratory of the employee'ls choice. In the event the
confirmatory test is positive, the employee may be ect 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.
-61-
DURATION OF A~REEMENT
~ This agreement shall be 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 year 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 commence within thirty (30)
days of request for negotiations made by either party.
Agreed to this day of
between the respective parties through
representatives of the union and the City.
, 19 ,
the aut
POLICE SERGEANTS
FRATERNAL ORDER OF POLICE
-62-
by and
Witness
BY:
Chief Representative
Witness
CITY OF BOYNTON BEACH
Witness
Witness-
BY:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM
AND CORRECTNESS:
City Attorney
City Manager
Ratified By City Co~m~ssion
Date
Ratified by Union Members
Date
1/13/94